Omnibus Appropriations Act, 2009
PL 96-8 (H.R.1105), enacted 03/11/2009

[111th Congress Public Law 8]
[From the U.S. Government Printing Office]



[[Page 523]]

                    OMNIBUS APPROPRIATIONS ACT, 2009

[[Page 123 STAT. 524]]

Public Law 111-8
111th Congress

                                 An Act


 
 Making omnibus appropriations for the fiscal year ending September 30, 
  2009, and for other purposes. <<NOTE: Mar. 11, 2009 -  [H.R. 1105]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Omnibus 
Appropriations Act, 2009.>> 

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Omnibus Appropriations Act, 2009''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.

       DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 
      ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2009

Title I--Agricultural Programs
Title II--Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agency and Food and Drug Administration
Title VII--General Provisions

      DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2009

Title I--Department of Commerce
Title II--Department of Justice
Title III--Science
Title IV--Related Agencies
Title V--General Provisions

     DIVISION C--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2009

Title I--Department of Defense--Civil: Department of the Army
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent Agencies
Title V--General Provisions

  DIVISION D--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS 
                                ACT, 2009

Title I--Department of the Treasury
Title II--Executive Office of the President and Funds Appropriated to 
           the President
Title III--The Judiciary
Title IV--District of Columbia
Title V--Independent Agencies

[[Page 123 STAT. 525]]

Title VI--General Provisions--This Act
Title VII--General Provisions--Government-wide
Title VIII--General Provisions--District of Columbia

    DIVISION E--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED 
                    AGENCIES APPROPRIATIONS ACT, 2009

Title I--Department of the Interior
Title II--Environmental Protection Agency
Title III--Related Agencies
Title IV--General Provisions

    DIVISION F--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND 
        EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2009

Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions
Title VI--Afghan Allies Protection Act of 2009

         DIVISION G--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2009

Title I--Legislative Branch Appropriations
Title II--General Provisions

    DIVISION H--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED 
                    PROGRAMS APPROPRIATIONS ACT, 2009

Title I--Department of State and Related Agency
Title II--United States Agency for International Development
Title III--Bilateral Economic Assistance
Title IV--International Security Assistance
Title V--Multilateral Assistance
Title VI--Export and Investment Assistance
Title VII--General Provisions

 DIVISION I--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED 
                    AGENCIES APPROPRIATIONS ACT, 2009

Title I--Department of Transportation
Title II--Department of Housing and Urban Development
Title III--Related Agencies
Title IV--General Provisions This Act

 DIVISION J--FURTHER PROVISIONS RELATING TO THE DEPARTMENT OF HOMELAND 
                       SECURITY AND OTHER MATTERS

SEC. 3. <<NOTE: 1 USC 1 note.>>  REFERENCES.

    Except as expressly provided otherwise, any reference to ``this 
Act'' contained in any division of this Act shall be treated as 
referring only to the provisions of that division.

SEC. 4. EXPLANATORY STATEMENT.

    The explanatory statement regarding this Act printed in the House of 
Representatives section of the Congressional Record on or about February 
23, 2009 by the Chairman of the Committee on Appropriations of the House 
shall have the same effect with respect to the allocation of funds and 
implementation of this Act as if it were a joint explanatory statement 
of a committee of conference.

SEC. 5. STATEMENT OF APPROPRIATIONS.

    The following sums in this Act are appropriated, out of any money in 
the Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2009.

[[Page 123 STAT. 526]]

 DIVISION A--AGRICULTURE, <<NOTE: Agriculture, Rural Development, Food 
   and Drug Administration, and Related Agencies Appropriations Act, 
 2009.>>  RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED 
AGENCIES APPROPRIATIONS ACT, 2009

                                 TITLE I

                          AGRICULTURAL PROGRAMS

                  Production, Processing and Marketing

                         Office of the Secretary

    For necessary expenses of the Office of the Secretary of 
Agriculture, $5,174,000: Provided, That not to exceed $11,000 of this 
amount shall be available for official reception and representation 
expenses, not otherwise provided for, as determined by the Secretary.

                          Executive Operations


                      office of the chief economist


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


                        national appeals division


    For necessary expenses of the National Appeals Division, 
$14,711,000.

                  office of budget and program analysis

    For necessary expenses of the Office of Budget and Program Analysis, 
$9,054,000.


                       office of homeland Security


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

                 Office of the Chief Information Officer

    For necessary expenses of the Office of the Chief Information 
Officer, $17,527,000.

                  Office of the Chief Financial Officer

    For necessary expenses of the Office of the Chief Financial Officer, 
$5,954,000: <<NOTE: Reports.>>  Provided, That no funds made available 
by this appropriation may be obligated for FAIR Act or Circular A-76 
activities until the Secretary has submitted to the Committees on 
Appropriations of both Houses of Congress and the Committee on Oversight 
and Government Reform of the House of Representatives a report on the 
Department's contracting out policies, including agency budgets for 
contracting out.

           Office of the Assistant Secretary for Civil Rights

    For necessary expenses of the Office of the Assistant Secretary for 
Civil Rights, $871,000.

[[Page 123 STAT. 527]]

                         Office of Civil Rights

    For necessary expenses of the Office of Civil Rights, $21,551,000.

          Office of the Assistant Secretary for Administration

    For necessary expenses of the Office of the Assistant Secretary for 
Administration, $687,000.

        Agriculture Buildings and Facilities and Rental Payments


                     (including transfers of funds)


    For payment of space rental and related costs pursuant to Public Law 
92-313, including authorities pursuant to the 1984 delegation of 
authority from the Administrator of General Services to the Department 
of Agriculture under 40 U.S.C. 486, for programs and activities of the 
Department which are included in this Act, and for alterations and other 
actions needed for the Department and its agencies to consolidate 
unneeded space into configurations suitable for release to the 
Administrator of General Services, and for the operation, maintenance, 
improvement, and repair of Agriculture buildings and facilities, and for 
related costs, $244,244,000, to remain available until expended, of 
which $168,901,000 shall be available for payments to the General 
Services Administration for rent; of which $13,500,000 for payment to 
the Department of Homeland Security for building security activities; 
and of which $61,843,000 for buildings operations and maintenance 
expenses: Provided, That the Secretary is authorized to transfer funds 
from a Departmental agency to this account to recover the full cost of 
the space and security expenses of that agency that are funded by this 
account when the actual costs exceed the agency estimate which will be 
available for the activities and payments described herein.

                     Hazardous Materials Management


                     (including transfers of funds)


    For necessary expenses of the Department of Agriculture, to comply 
with the Comprehensive Environmental Response, Compensation, and 
Liability Act (42 U.S.C. 9601 et seq.) and the Resource Conservation and 
Recovery Act (42 U.S.C. 6901 et seq.), $5,100,000, to remain available 
until expended: Provided, That appropriations and funds available herein 
to the Department for Hazardous Materials Management may be transferred 
to any agency of the Department for its use in meeting all requirements 
pursuant to the above Acts on Federal and non-Federal lands.

                       Departmental Administration


                     (including transfers of funds)


    For Departmental Administration, $27,011,000, to provide for 
necessary expenses for management support services to offices of the 
Department and for general administration, security, repairs and 
alterations, and other miscellaneous supplies and expenses not otherwise 
provided for and necessary for the practical and

[[Page 123 STAT. 528]]

efficient work of the Department: Provided, That this appropriation 
shall be reimbursed from applicable appropriations in this Act for 
travel expenses incident to the holding of hearings as required by 5 
U.S.C. 551-558.

      Office of the Assistant Secretary for Congressional Relations


                     (including transfers of funds)


    For necessary expenses of the Office of the Assistant Secretary for 
Congressional Relations to carry out the programs funded by this Act, 
including programs involving intergovernmental affairs and liaison 
within the executive branch, $3,877,000: Provided, That these funds may 
be transferred to agencies of the Department of Agriculture funded by 
this Act to maintain personnel at the agency level: <<NOTE: Time 
period. Notification.>>  Provided further, That no funds made available 
by this appropriation may be obligated after 30 days from the date of 
enactment of this Act, unless the Secretary has notified the Committees 
on Appropriations of both Houses of Congress on the allocation of these 
funds by USDA agency: Provided further, That no other funds appropriated 
to the Department by this Act shall be available to the Department for 
support of activities of congressional relations.

                        Office of Communications

    For necessary expenses of the Office of Communications, $9,514,000.

                       Office of Inspector General

    For necessary expenses of the Office of Inspector General, including 
employment pursuant to the Inspector General Act of 1978, $85,766,000, 
including such sums as may be necessary for contracting and other 
arrangements with public agencies and private persons pursuant to 
section 6(a)(9) of the Inspector General Act of 1978, and including not 
to exceed $125,000 for certain confidential operational expenses, 
including the payment of informants, to be expended under the direction 
of the Inspector General pursuant to Public Law 95-452 and section 1337 
of Public Law 97-98.

                      Office of the General Counsel

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

   Office of the Under Secretary for Research, Education and Economics

    For necessary expenses of the Office of the Under Secretary for 
Research, Education and Economics, $609,000.

                        Economic Research Service

    For necessary expenses of the Economic Research Service, 
$79,500,000.

[[Page 123 STAT. 529]]

                National Agricultural Statistics Service

    For necessary expenses of the National Agricultural Statistics 
Service, $151,565,000, of which up to $37,265,000 shall be available 
until expended for the Census of Agriculture.

                      Agricultural Research Service


                          salaries and expenses


    For necessary expenses of the Agricultural Research Service and for 
acquisition of lands by donation, exchange, or purchase at a nominal 
cost not to exceed $100, and for land exchanges where the lands 
exchanged shall be of equal value or shall be equalized by a payment of 
money to the grantor which shall not exceed 25 percent of the total 
value of the land or interests transferred out of Federal ownership, 
$1,140,406,000, of which $112,571,000 shall be for the purposes, and in 
the amounts, specified in the table titled ``Agricultural Research 
Service, Salaries and Expenses, Congressionally-designated Projects'' in 
the explanatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act): <<NOTE: 7 USC 2254.>>  
Provided, That appropriations hereunder shall be available for the 
operation and maintenance of aircraft and the purchase of not to exceed 
one for replacement only: Provided further, That appropriations 
hereunder shall be available pursuant to 7 U.S.C. 2250 for the 
construction, alteration, and repair of buildings and improvements, but 
unless otherwise provided, the cost of constructing any one building 
shall not exceed $375,000, except for headhouses or greenhouses which 
shall each be limited to $1,200,000, and except for 10 buildings to be 
constructed or improved at a cost not to exceed $750,000 each, and the 
cost of altering any one building during the fiscal year shall not 
exceed 10 percent of the current replacement value of the building or 
$375,000, whichever is greater: <<NOTE: Maryland.>>  Provided further, 
That the limitations on alterations contained in this Act shall not 
apply to modernization or replacement of existing facilities at 
Beltsville, Maryland: Provided further, That appropriations hereunder 
shall be available for granting easements at the Beltsville Agricultural 
Research Center: Provided further, That the foregoing limitations shall 
not apply to replacement of buildings needed to carry out the Act of 
April 24, 1948 (21 U.S.C. 113a): Provided further, That funds may be 
received from any State, other political subdivision, organization, or 
individual for the purpose of establishing or operating any research 
facility or research project of the Agricultural Research Service, as 
authorized by law.


                        buildings and facilities


    For acquisition of land, construction, repair, improvement, 
extension, alteration, and purchase of fixed equipment or facilities as 
necessary to carry out the agricultural research programs of the 
Department of Agriculture, where not otherwise provided, $46,752,000, of 
which $46,752,000 shall be for the purposes, and in the amounts, 
specified in the table titled ``Agricultural Research Service, Buildings 
and Facilities Congressionally-designated Projects'' in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act), to remain available until expended.

[[Page 123 STAT. 530]]

      Cooperative State Research, Education, and Extension Service


                    research and education activities


    For payments to agricultural experiment stations, for cooperative 
forestry and other research, for facilities, and for other expenses, 
$691,043,000, of which $113,275,000 shall be for the purposes, and in 
the amounts, specified in the table titled ``Cooperative State Research, 
Education, and Extension Service, Research and Education Activities, 
Congressionally-designated Projects'' in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act), as follows: to carry out the provisions of the Hatch 
Act of 1887 (7 U.S.C. 361a-i), $207,106,000; for grants for cooperative 
forestry research (16 U.S.C. 582a through a-7), $27,535,000; for 
payments to eligible institutions (7 U.S.C. 3222), $45,504,000, provided 
that each institution receives no less than $1,000,000; for special 
grants (7 U.S.C. 450i(c)), $84,499,000; for competitive grants on 
improved pest control (7 U.S.C. 450i(c)), $15,945,000; for competitive 
grants (7 U.S.C. 450(i)(b)), $201,504,000, to remain available until 
expended; for the support of animal health and disease programs (7 
U.S.C. 3195), $2,950,000; for supplemental and alternative crops and 
products (7 U.S.C. 3319d), $819,000; for grants for research pursuant to 
the Critical Agricultural Materials Act (7 U.S.C. 178 et seq.), 
$1,083,000, to remain available until expended; for the 1994 research 
grants program for 1994 institutions pursuant to section 536 of Public 
Law 103-382 (7 U.S.C. 301 note), $1,610,000, to remain available until 
expended; for rangeland research grants (7 U.S.C. 3333), $983,000; for 
higher education graduate fellowship grants (7 U.S.C. 3152(b)(6)), 
$3,859,000, to remain available until expended (7 U.S.C. 2209b); for a 
program pursuant to section 1415A of the National Agricultural Research, 
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3151a), $2,950,000, 
to remain available until expended; for higher education challenge 
grants (7 U.S.C. 3152(b)(1)), $5,654,000; for a higher education 
multicultural scholars program (7 U.S.C. 3152(b)(5)), $981,000, to 
remain available until expended (7 U.S.C. 2209b); for an education 
grants program for Hispanic-serving Institutions (7 U.S.C. 3241), 
$6,237,000; for competitive grants for the purpose of carrying out all 
provisions of 7 U.S.C. 3156 to individual eligible institutions or 
consortia of eligible institutions in Alaska and in Hawaii, with funds 
awarded equally to each of the States of Alaska and Hawaii, $3,196,000; 
for a secondary agriculture education program and 2-year post-secondary 
education (7 U.S.C. 3152(j)), $983,000; for aquaculture grants (7 U.S.C. 
3322), $3,928,000; for sustainable agriculture research and education (7 
U.S.C. 5811), $14,399,000; for a program of capacity building grants (7 
U.S.C. 3152(b)(4)) to institutions eligible to receive funds under 7 
U.S.C. 3221 and 3222, $15,000,000, to remain available until expended (7 
U.S.C. 2209b); for payments to the 1994 Institutions pursuant to section 
534(a)(1) of Public Law 103-382, $3,342,000; for resident instruction 
grants for insular areas under section 1491 of the National Agricultural 
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3363), 
$800,000; for a new era rural technology program pursuant to section 
1473E of the National Agricultural Research, Extension, and Teaching Act 
of 1977 (7 U.S.C. 3319e), $750,000; and for necessary expenses of 
Research and Education Activities,

[[Page 123 STAT. 531]]

$39,426,000, of which $2,704,000 for the Research, Education, and 
Economics Information System and $2,136,000 for the Electronic Grants 
Information System, are to remain available until expended.


               native american institutions endowment fund


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


                          extension activities


    For payments to States, the District of Columbia, Puerto Rico, Guam, 
the Virgin Islands, Micronesia, the Northern Marianas, and American 
Samoa, $474,250,000, of which $9,388,000 shall be for the purposes, and 
in the amounts, specified in the table titled ``Cooperative State 
Research, Education, and Extension Service, Extension Activities, 
Congressionally-designated Projects'' in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act), as follows: payments for cooperative extension work 
under the Smith-Lever Act, to be distributed under sections 3(b) and 
3(c) of said Act, and under section 208(c) of Public Law 93-471, for 
retirement and employees' compensation costs for extension agents, 
$288,548,000; payments for extension work at the 1994 Institutions under 
the Smith-Lever Act (7 U.S.C. 343(b)(3)), $3,321,000; payments for the 
nutrition and family education program for low-income areas under 
section 3(d) of the Act, $66,155,000; payments for the pest management 
program under section 3(d) of the Act, $9,791,000; payments for the farm 
safety program under section 3(d) of the Act, $4,863,000; payments for 
New Technologies for Ag Extension under section 3(d) of the Act, 
$1,500,000; payments to upgrade research, extension, and teaching 
facilities at institutions eligible to receive funds under 7 U.S.C. 3221 
and 3222, $18,000,000, to remain available until expended; payments for 
youth-at-risk programs under section 3(d) of the Smith-Lever Act, 
$8,182,000; for youth farm safety education and certification extension 
grants, to be awarded competitively under section 3(d) of the Act, 
$479,000; payments for carrying out the provisions of the Renewable 
Resources Extension Act of 1978 (16 U.S.C. 1671 et seq.), $4,008,000; 
payments for the federally-recognized Tribes Extension Program under 
section 3(d) of the Smith-Lever Act, $3,000,000; payments for 
sustainable agriculture programs under section 3(d) of the Act, 
$4,568,000; payments for rural health and safety education as authorized 
by section 502(i) of Public Law 92-419 (7 U.S.C. 2662(i)), $1,738,000; 
payments for cooperative extension work by eligible institutions (7 
U.S.C. 3221), $40,150,000, provided that each institution receives no 
less than $1,000,000; for grants to youth organizations pursuant to 7 
U.S.C. 7630, $1,767,000; payments to carry out the food animal residue 
avoidance database program as authorized by 7 U.S.C. 7642, $806,000; and 
for necessary expenses of Extension Activities, $17,374,000.


                          integrated activities


    For the integrated research, education, and extension grants 
programs, including necessary administrative expenses, $56,864,000, as 
follows: for competitive grants programs authorized

[[Page 123 STAT. 532]]

under section 406 of the Agricultural Research, Extension, and Education 
Reform Act of 1998 (7 U.S.C. 7626), $41,990,000, including $12,649,000 
for the water quality program, $14,596,000 for the food safety program, 
$4,096,000 for the regional pest management centers program, $4,388,000 
for the Food Quality Protection Act risk mitigation program for major 
food crop systems, $1,365,000 for the crops affected by Food Quality 
Protection Act implementation, $3,054,000 for the methyl bromide 
transition program, and $1,842,000 for the organic transition program; 
for a competitive international science and education grants program 
authorized under section 1459A of the National Agricultural Research, 
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3292b), to remain 
available until expended, $3,000,000; for grants programs authorized 
under section 2(c)(1)(B) of Public Law 89-106, as amended, $732,000, to 
remain available until September 30, 2010, for the critical issues 
program; $1,312,000 for the regional rural development centers program; 
and $9,830,000 for the Food and Agriculture Defense Initiative 
authorized under section 1484 of the National Agricultural Research, 
Extension, and Teaching Act of 1977, to remain available until September 
30, 2010.

   Office of the Under Secretary for Marketing and Regulatory Programs

    For necessary expenses of the Office of the Under Secretary for 
Marketing and Regulatory Programs, $737,000.

               Animal and Plant Health Inspection Service

                          salaries and expenses


                     (including transfers of funds)


    For necessary expenses of the Animal and Plant Health Inspection 
Service, including up to $30,000 for representation allowances and for 
expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C. 4085), 
$876,675,000, of which $23,494,000 shall be for the purposes, and in the 
amounts, specified in the table titled ``Animal and Plant Health 
Inspection Service, Congressionally-designated Projects'' in the 
explanatory statement described in section 4 (in the matter preceding 
division A of this consolidated Act), of which $2,025,000 shall be 
available for the control of outbreaks of insects, plant diseases, 
animal diseases and for control of pest animals and birds to the extent 
necessary to meet emergency conditions; of which $29,590,000 shall be 
used for the cotton pests program for cost share purposes or for debt 
retirement for active eradication zones; of which $14,500,000 shall be 
for a National Animal Identification program, of which $3,500,000 is for 
information technology infrastructure and services, and $9,395,000 is 
for field implementation, and $1,605,000 is for program administration; 
of which $60,594,000 shall be used to prevent and control avian 
influenza and shall remain available until expended; of which $1,015,000 
of the plum pox program shall remain available until September 30, 2010: 
Provided, That funds provided for the contingency fund to meet emergency 
conditions, information technology infrastructure, fruit fly program, 
emerging plant pests, cotton pests program, grasshopper and mormon 
cricket program, the National Veterinary Stockpile, up to $12,895,000 in 
animal health monitoring

[[Page 123 STAT. 533]]

and surveillance for the animal identification system, up to $1,500,000 
in the scrapie program for indemnities, up to $1,000,000 for wildlife 
services methods development, up to $1,000,000 of the wildlife services 
operations program for aviation safety, and up to 25 percent of the 
screwworm program shall remain available until expended: Provided 
further, That no funds shall be used to formulate or administer a 
brucellosis eradication program for the current fiscal year that does 
not require minimum matching by the States of at least 40 percent: 
Provided further, That this appropriation shall be available for the 
operation and maintenance of aircraft and the purchase of not to exceed 
four, of which two shall be for replacement only: Provided further, 
That, in addition, in emergencies which threaten any segment of the 
agricultural production industry of this country, the Secretary may 
transfer from other appropriations or funds available to the agencies or 
corporations of the Department such sums as may be deemed necessary, to 
be available only in such emergencies for the arrest and eradication of 
contagious or infectious disease or pests of animals, poultry, or 
plants, and for expenses in accordance with sections 10411 and 10417 of 
the Animal Health Protection Act (7 U.S.C. 8310 and 8316) and sections 
431 and 442 of the Plant Protection Act (7 U.S.C. 7751 and 7772), and 
any unexpended balances of funds transferred for such emergency purposes 
in the preceding fiscal year shall be merged with such transferred 
amounts: Provided further, That appropriations hereunder shall be 
available pursuant to law (7 U.S.C. 2250) for the repair and alteration 
of leased buildings and improvements, but unless otherwise provided the 
cost of altering any one building during the fiscal year shall not 
exceed 10 percent of the current replacement value of the building.
    In fiscal year 2009, the agency is authorized to collect fees to 
cover the total costs of providing technical assistance, goods, or 
services requested by States, other political subdivisions, domestic and 
international organizations, foreign governments, or individuals, 
provided that such fees are structured such that any entity's liability 
for such fees is reasonably based on the technical assistance, goods, or 
services provided to the entity by the agency, and such fees shall be 
credited to this account, to remain available until expended, without 
further appropriation, for providing such assistance, goods, or 
services.


                        BUILDINGS AND FACILITIES


    For plans, construction, repair, preventive maintenance, 
environmental support, improvement, extension, alteration, and purchase 
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and 
acquisition of land as authorized by 7 U.S.C. 428a, $4,712,000, to 
remain available until expended.

                     Agricultural Marketing Service

                           marketing services

    For necessary expenses of the Agricultural Marketing Service, 
$86,711,000: Provided, That this appropriation shall be available 
pursuant to law (7 U.S.C. 2250) for the alteration and repair of 
buildings and improvements, but the cost of altering any one

[[Page 123 STAT. 534]]

building during the fiscal year shall not exceed 10 percent of the 
current replacement value of the building.
    Fees may be collected for the cost of standardization activities, as 
established by regulation pursuant to law (31 U.S.C. 9701).


                  limitation on administrative expenses


    Not to exceed $62,888,000 (from fees collected) shall be obligated 
during the current fiscal year for administrative expenses: Provided, 
That <<NOTE: Notification.>>  if crop size is understated and/or other 
uncontrollable events occur, the agency may exceed this limitation by up 
to 10 percent with notification to the Committees on Appropriations of 
both Houses of Congress.


    funds for strengthening markets, income, and supply (section 32)


                     (including transfers of funds)


    Funds available under section 32 of the Act of August 24, 1935 (7 
U.S.C. 612c), shall be used only for commodity program expenses as 
authorized therein, and other related operating expenses, including not 
less than $10,000,000 for replacement of a system to support commodity 
purchases, except for: (1) transfers to the Department of Commerce as 
authorized by the Fish and Wildlife Act of August 8, 1956; (2) transfers 
otherwise provided in this Act; and (3) not more than $17,270,000 for 
formulation and administration of marketing agreements and orders 
pursuant to the Agricultural Marketing Agreement Act of 1937 and the 
Agricultural Act of 1961.


                   payments to states and possessions


    For payments to departments of agriculture, bureaus and departments 
of markets, and similar agencies for marketing activities under section 
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)), 
$1,334,000.

         Grain Inspection, Packers and Stockyards Administration

                          salaries and expenses

    For necessary expenses of the Grain Inspection, Packers and 
Stockyards Administration, $40,342,000: Provided, That this 
appropriation shall be available pursuant to law (7 U.S.C. 2250) for the 
alteration and repair of buildings and improvements, but the cost of 
altering any one building during the fiscal year shall not exceed 10 
percent of the current replacement value of the building.


         limitation on inspection and weighing services expenses


    Not to exceed $42,463,000 (from fees collected) shall be obligated 
during the current fiscal year for inspection and weighing services: 
Provided, That <<NOTE: Notification.>>  if grain export activities 
require additional supervision and oversight, or other uncontrollable 
factors occur, this limitation may be exceeded by up to 10 percent with 
notification to the Committees on Appropriations of both Houses of 
Congress.

[[Page 123 STAT. 535]]

              Office of the Under Secretary for Food Safety

    For necessary expenses of the Office of the Under Secretary for Food 
Safety, $613,000.

                   Food Safety and Inspection Service

    For necessary expenses to carry out services authorized by the 
Federal Meat Inspection Act, the Poultry Products Inspection Act, and 
the Egg Products Inspection Act, including not to exceed $50,000 for 
representation allowances and for expenses pursuant to section 8 of the 
Act approved August 3, 1956 (7 U.S.C. 1766), $971,566,000; and in 
addition, $1,000,000 may be credited to this account from fees collected 
for the cost of laboratory accreditation as authorized by section 1327 
of the Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C. 
138f): <<NOTE: Employed positions.>>  Provided, That no fewer than 120 
full-time equivalent positions shall be employed during fiscal year 2009 
for purposes dedicated solely to inspections and enforcement related to 
the Humane Methods of Slaughter Act: Provided further, That of the 
amount available under this heading, $3,000,000 shall be obligated to 
maintain the Humane Animal Tracking System as part of the Public Health 
Data Communication Infrastructure System: Provided further, That this 
appropriation shall be available pursuant to law (7 U.S.C. 2250) for the 
alteration and repair of buildings and improvements, but the cost of 
altering any one building during the fiscal year shall not exceed 10 
percent of the current replacement value of the building.

Office of the Under Secretary for Farm and Foreign Agricultural Services

    For necessary expenses of the Office of the Under Secretary for Farm 
and Foreign Agricultural Services, $646,000.

                           Farm Service Agency

                          salaries and expenses


                     (including transfers of funds)


    For necessary expenses of the Farm Service Agency, $1,170,273,000: 
Provided, That the Secretary is authorized to use the services, 
facilities, and authorities (but not the funds) of the Commodity Credit 
Corporation to make program payments for all programs administered by 
the Agency: Provided further, That other funds made available to the 
Agency for authorized activities may be advanced to and merged with this 
account.


                         state mediation grants


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


               grassroots source water protection program


     For necessary expenses to carry out wellhead or groundwater 
protection activities under section 1240O of the Food Security Act of 
1985 (16 U.S.C. 3839bb-2), $5,000,000, to remain available until 
expended.

[[Page 123 STAT. 536]]

                         dairy indemnity program


                      (including transfer of funds)


    For necessary expenses involved in making indemnity payments to 
dairy farmers and manufacturers of dairy products under a dairy 
indemnity program, such sums as may be necessary, to remain available 
until expended: Provided, That such program is carried out by the 
Secretary in the same manner as the dairy indemnity program described in 
the Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act, 2001 (Public Law 106-387, 114 Stat. 
1549A-12).


           agricultural credit insurance fund program account


                     (including transfers of funds)


    For gross obligations for the principal amount of direct and 
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7 
U.S.C. 1941 et seq.) loans, Indian tribe land acquisition loans (25 
U.S.C. 488), and boll weevil loans (7 U.S.C. 1989), to be available from 
funds in the Agricultural Credit Insurance Fund, as follows: farm 
ownership loans, $1,461,066,000, of which $1,238,768,000 shall be for 
unsubsidized guaranteed loans and $222,298,000 shall be for direct 
loans; operating loans, $1,862,578,000, of which $1,017,497,000 shall be 
for unsubsidized guaranteed loans, $269,986,000 shall be for subsidized 
guaranteed loans and $575,095,000 shall be for direct loans; Indian 
tribe land acquisition loans, $3,940,000; and for boll weevil 
eradication program loans, $100,000,000: Provided, That <<NOTE: Pink 
Bollworm.>>  the Secretary shall deem the pink bollworm to be a boll 
weevil for the purpose of boll weevil eradication program loans.

    For the cost of direct and guaranteed loans, including the cost of 
modifying loans as defined in section 502 of the Congressional Budget 
Act of 1974, as follows: farm ownership loans, $16,803,000, of which 
$4,088,000 shall be for unsubsidized guaranteed loans, and $12,715,000 
shall be for direct loans; operating loans, $130,371,000, of which 
$25,336,000 shall be for unsubsidized guaranteed loans, $37,231,000 
shall be for subsidized guaranteed loans, and $67,804,000 shall be for 
direct loans; and Indian tribe land acquisition loans, $248,000.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $317,323,000, of which $309,403,000 
shall be transferred to and merged with the appropriation for ``Farm 
Service Agency, Salaries and Expenses''.
    Funds appropriated by this Act to the Agricultural Credit Insurance 
Program Account for farm ownership and operating direct loans and 
guaranteed loans may be transferred among these programs: Provided, 
That <<NOTE: Notification. Deadline.>>  the Committees on Appropriations 
of both Houses of Congress are notified at least 15 days in advance of 
any transfer.

                         Risk Management Agency

    For necessary expenses of the Risk Management Agency, $77,177,000: 
Provided, That the funds made available under section 522(e) of the 
Federal Crop Insurance Act (7 U.S.C. 1522(e)) may be used for the Common 
Information Management System: Provided

[[Page 123 STAT. 537]]

further, That not to exceed $1,000 shall be available for official 
reception and representation expenses, as authorized by 7 U.S.C. 
1506(i).

                              CORPORATIONS

    The following corporations and agencies are hereby authorized to 
make expenditures, within the limits of funds and borrowing authority 
available to each such corporation or agency and in accord with law, and 
to make contracts and commitments without regard to fiscal year 
limitations as provided by section 104 of the Government Corporation 
Control Act as may be necessary in carrying out the programs set forth 
in the budget for the current fiscal year for such corporation or 
agency, except as hereinafter provided.

                 Federal Crop Insurance Corporation Fund

    For payments as authorized by section 516 of the Federal Crop 
Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain 
available until expended.

                    Commodity Credit Corporation Fund

                  reimbursement for net realized losses


                     (including transfers of funds)


    For the current fiscal year, such sums as may be necessary to 
reimburse the Commodity Credit Corporation for net realized losses 
sustained, but not previously reimbursed, pursuant to section 2 of the 
Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the funds 
available to the Commodity Credit Corporation under section 11 of the 
Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the 
conduct of its business with the Foreign Agricultural Service, up to 
$5,000,000 may be transferred to and used by the Foreign Agricultural 
Service for information resource management activities of the Foreign 
Agricultural Service that are not related to Commodity Credit 
Corporation business.


                       hazardous waste management


                        (limitation on expenses)


    For the current fiscal year, the Commodity Credit Corporation shall 
not expend more than $5,000,000 for site investigation and cleanup 
expenses, and operations and maintenance expenses to comply with the 
requirement of section 107(g) of the Comprehensive Environmental 
Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and 
section 6001 of the Resource Conservation and Recovery Act (42 U.S.C. 
6961).

[[Page 123 STAT. 538]]

                                TITLE II

                          CONSERVATION PROGRAMS

   Office of the Under Secretary for Natural Resources and Environment

    For necessary expenses of the Office of the Under Secretary for 
Natural Resources and Environment, $758,000.

                 Natural Resources Conservation Service


                         conservation operations


    For necessary expenses for carrying out the provisions of the Act of 
April 27, 1935 (16 U.S.C. 590a-f), including preparation of conservation 
plans and establishment of measures to conserve soil and water 
(including farm irrigation and land drainage and such special measures 
for soil and water management as may be necessary to prevent floods and 
the siltation of reservoirs and to control agricultural related 
pollutants); operation of conservation plant materials centers; 
classification and mapping of soil; dissemination of information; 
acquisition of lands, water, and interests therein for use in the plant 
materials program by donation, exchange, or purchase at a nominal cost 
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C. 
428a); purchase and erection or alteration or improvement of permanent 
and temporary buildings; and operation and maintenance of aircraft, 
$853,400,000, to remain available until September 30, 2010, of which 
$31,650,000 shall be for the purposes, and in the amounts, specified in 
the table titled ``Natural Resources Conservation Service, Conservation 
Operations Congressionally-designated Projects'' in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act): Provided, That appropriations hereunder shall be 
available pursuant to 7 U.S.C. 2250 for construction and improvement of 
buildings and public improvements at plant materials centers, except 
that the cost of alterations and improvements to other buildings and 
other public improvements shall not exceed $250,000: Provided further, 
That when buildings or other structures are erected on non-Federal land, 
that the right to use such land is obtained as provided in 7 U.S.C. 
2250a.


                watershed and flood prevention operations


    For necessary expenses to carry out preventive measures, including 
but not limited to research, engineering operations, methods of 
cultivation, the growing of vegetation, rehabilitation of existing works 
and changes in use of land, in accordance with the Watershed Protection 
and Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-1009), the 
provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f), and in 
accordance with the provisions of laws relating to the activities of the 
Department, $24,289,000, to remain available until expended, of which 
$23,643,000 shall be for the purposes, and in the amounts, specified in 
the table titled ``Natural Resources Conservation Service, Watershed and 
Flood Prevention Operations Congressionally-designated Projects'' in the 
explanatory statement described in section 4 (in the matter preceding 
division A of this consolidated Act): Provided, That not

[[Page 123 STAT. 539]]

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


                    watershed rehabilitation program


    For necessary expenses to carry out rehabilitation of structural 
measures, in accordance with section 14 of the Watershed Protection and 
Flood Prevention Act (16 U.S.C. 1012), and in accordance with the 
provisions of laws relating to the activities of the Department, 
$40,000,000, to remain available until expended.


                  resource conservation and development


     For necessary expenses in planning and carrying out projects for 
resource conservation and development and for sound land use pursuant to 
the provisions of sections 31 and 32 of the Bankhead-Jones Farm Tenant 
Act (7 U.S.C. 1010-1011; 76 Stat. 607); the Act of April 27, 1935 (16 
U.S.C. 590a-f); and subtitle H of title XV of the Agriculture and Food 
Act of 1981 (16 U.S.C. 3451-3461), $50,730,000: Provided, That not to 
exceed $3,073,000 shall be available for national headquarters 
activities.

                                TITLE III

                       RURAL DEVELOPMENT PROGRAMS

           Office of the Under Secretary for Rural Development

    For necessary expenses of the Office of the Under Secretary for 
Rural Development, $646,000.

                 Rural Development Salaries and Expenses


                     (including transfers of funds)


    For necessary expenses for carrying out the administration and 
implementation of programs in the Rural Development mission area, 
including activities with institutions concerning the development and 
operation of agricultural cooperatives; and for cooperative agreements; 
$192,484,000: Provided, That notwithstanding any other provision of law, 
funds appropriated under this section may be used for advertising and 
promotional activities that support the Rural Development mission area: 
Provided further, That not more than $10,000 may be expended to provide 
modest nonmonetary awards to non-USDA employees: Provided further, That 
any balances available from prior years for the Rural Utilities Service, 
Rural Housing Service, and the Rural Business-Cooperative Service 
salaries and expenses accounts shall be transferred to and merged with 
this appropriation.

                          Rural Housing Service


              rural housing insurance fund program account


                     (including transfers of funds)


    For gross obligations for the principal amount of direct and 
guaranteed loans as authorized by title V of the Housing Act of 1949, to 
be available from funds in the rural housing insurance

[[Page 123 STAT. 540]]

fund, as follows: $7,345,347,000 for loans to section 502 borrowers, of 
which $1,121,488,000 shall be for direct loans, and of which 
$6,223,859,000 shall be for unsubsidized guaranteed loans; $34,410,000 
for section 504 housing repair loans; $69,512,000 for section 515 rental 
housing; $129,090,000 for section 538 guaranteed multi-family housing 
loans; $5,045,000 for section 524 site loans; $11,447,000 for credit 
sales of acquired property, of which up to $1,447,000 may be for multi-
family credit sales; and $4,970,000 for section 523 self-help housing 
land development loans.
    For the cost of direct and guaranteed loans, including the cost of 
modifying loans, as defined in section 502 of the Congressional Budget 
Act of 1974, as follows: section 502 loans, $154,407,000, of which 
$75,364,000 shall be for direct loans, and of which $79,043,000, to 
remain available until expended, shall be for unsubsidized guaranteed 
loans; section 504 housing repair loans, $9,246,000; repair, 
rehabilitation, and new construction of section 515 rental housing, 
$28,611,000; section 538 multi-family housing guaranteed loans, 
$8,082,000; credit sales of acquired property, $523,000; and section 523 
self-help housing and development loans, $82,000: Provided, That of the 
total amount appropriated in this paragraph, $2,500,000 shall be 
available through June 30, 2009, for authorized empowerment zones and 
enterprise communities and communities designated by the Secretary of 
Agriculture as Rural Economic Area Partnership Zones: Provided further, 
That, for applications received under the 2009 notice of funding 
availability, section 538 multi-family housing guaranteed loans funded 
pursuant to this paragraph shall not be subject to a guarantee fee and 
the interest on such loans may not be subsidized: Provided further, That 
any balances for a demonstration program for the preservation and 
revitalization of the section 515 multi-family rental housing properties 
as authorized by Public Law 109-97 and Public Law 110-5 shall be 
transferred to and merged with the ``Rural Housing Service, Multi-family 
Housing Revitalization Program Account''.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $460,217,000, which shall be 
transferred to and merged with the appropriation for ``Rural 
Development, Salaries and Expenses''.


                        rental assistance program


    For rental assistance agreements entered into or renewed pursuant to 
the authority under section 521(a)(2) or agreements entered into in lieu 
of debt forgiveness or payments for eligible households as authorized by 
section 502(c)(5)(D) of the Housing Act of 1949, $902,500,000, to remain 
available through September 30, 2010; and, in addition, such sums as may 
be necessary, as authorized by section 521(c) of the Act, to liquidate 
debt incurred prior to fiscal year 1992 to carry out the rental 
assistance program under section 521(a)(2) of the Act: Provided, That of 
this amount, up to $5,958,000 shall be available for debt forgiveness or 
payments for eligible households as authorized by section 502(c)(5)(D) 
of the Act, and not to exceed $50,000 per project for advances to 
nonprofit organizations or public agencies to cover direct costs (other 
than purchase price) incurred in purchasing projects pursuant to section 
502(c)(5)(C) of the Act: Provided further, That of this amount not less 
than $2,030,000 is available for newly constructed units financed by 
section 515 of the Housing Act of 1949, and not less

[[Page 123 STAT. 541]]

than $3,400,000 is for newly constructed units financed under sections 
514 and 516 of the Housing Act of 1949: <<NOTE: Contracts.>>  Provided 
further, That rental assistance agreements entered into or renewed 
during the current fiscal year shall be funded for a one-year period: 
Provided further, That any unexpended balances remaining at the end of 
such one-year agreements may be transferred and used for the purposes of 
any debt reduction; maintenance, repair, or rehabilitation of any 
existing projects; preservation; and rental assistance activities 
authorized under title V of the Act: Provided further, That rental 
assistance provided under agreements entered into prior to fiscal year 
2009 for a farm labor multi-family housing project financed under 
section 514 or 516 of the Act may not be recaptured for use in another 
project until such assistance has remained unused for a period of 12 
consecutive months, if such project has a waiting list of tenants 
seeking such assistance or the project has rental assistance eligible 
tenants who are not receiving such assistance: <<NOTE: Applicability.>>  
Provided further, That such recaptured rental assistance shall, to the 
extent practicable, be applied to another farm labor multi-family 
housing project financed under section 514 or 516 of the Act.


           multi-family housing revitalization program account


    For the rural housing voucher program as authorized under section 
542 of the Housing Act of 1949, but notwithstanding subsection (b) of 
such section, for the cost to conduct a housing demonstration program to 
provide revolving loans for the preservation of low-income multi-family 
housing projects, and for additional costs to conduct a demonstration 
program for the preservation and revitalization of multi-family rental 
housing properties described in this paragraph, $27,714,000, to remain 
available until expended: Provided, That <<NOTE: Vouchers.>>  of the 
funds made available under this heading, $4,965,000 shall be available 
for rural housing vouchers to any low-income household (including those 
not receiving rental assistance) residing in a property financed with a 
section 515 loan which has been prepaid after September 30, 2005: 
Provided further, That the amount of such voucher shall be the 
difference between comparable market rent for the section 515 unit and 
the tenant paid rent for such unit: Provided further, That funds made 
available for such vouchers shall be subject to the availability of 
annual appropriations: Provided further, That the Secretary shall, to 
the maximum extent practicable, administer such vouchers with current 
regulations and administrative guidance applicable to section 8 housing 
vouchers administered by the Secretary of the Department of Housing and 
Urban Development (including the ability to pay administrative costs 
related to delivery of the voucher funds): Provided further, That if the 
Secretary determines that the amount made available for vouchers in this 
or any other Act is not needed for vouchers, the Secretary may use such 
funds for the demonstration programs for the preservation and 
revitalization of multi-family rental housing properties described in 
this paragraph: <<NOTE: Loans.>>  Provided further, That of the funds 
made available under this heading, $2,889,000 shall be available for the 
cost of loans to private non-profit organizations, or such non-profit 
organizations' affiliate loan funds and State and local housing finance 
agencies, to carry out a housing demonstration program to provide 
revolving loans for the preservation of low-income multi-family housing 
projects: Provided further, That loans under such demonstration program 
shall

[[Page 123 STAT. 542]]

have an interest rate of not more than 1 percent direct loan to the 
recipient: Provided further, That the Secretary may defer the interest 
and principal payment to the Rural Housing Service for up to 3 years and 
the term of such loans shall not exceed 30 years: Provided further, That 
of the funds made available under this heading, $19,860,000 shall be 
available for a demonstration program for the preservation and 
revitalization of the section 514, 515, and 516 multi-family rental 
housing properties to restructure existing USDA multi-family housing 
loans, as the Secretary deems appropriate, expressly for the purposes of 
ensuring the project has sufficient resources to preserve the project 
for the purpose of providing safe and affordable housing for low-income 
residents and farm laborers including reducing or eliminating interest; 
deferring loan payments, subordinating, reducing or reamortizing loan 
debt; and other financial assistance including advances, payments and 
incentives (including the ability of owners to obtain reasonable returns 
on investment) required by the Secretary: Provided further, That the 
Secretary shall as part of the preservation and revitalization agreement 
obtain a restrictive use agreement consistent with the terms of the 
restructuring: Provided further, That if the Secretary determines that 
additional funds for vouchers described in this paragraph are needed, 
funds for the preservation and revitalization demonstration program may 
be used for such vouchers: Provided further, That the Secretary may use 
any unobligated funds appropriated for the rural housing voucher program 
in a prior fiscal year to support information technology activities of 
the Rural Housing Service to the extent the Secretary determines that 
additional funds are not needed for this fiscal year to provide vouchers 
described in this paragraph: Provided further, That if Congress enacts 
legislation to permanently authorize a section 515 multi-family rental 
housing loan restructuring program similar to the demonstration program 
described herein, the Secretary may use funds made available for the 
demonstration program under this heading to carry out such legislation 
with the prior approval of the Committees on Appropriations of both 
Houses of Congress.


                   mutual and self-help housing grants


    For grants and contracts pursuant to section 523(b)(1)(A) of the 
Housing Act of 1949 (42 U.S.C. 1490c), $38,727,000, to remain available 
until expended: Provided, That of the total amount appropriated, 
$1,000,000 shall be available through June 30, 2009, for authorized 
empowerment zones and enterprise communities and communities designated 
by the Secretary of Agriculture as Rural Economic Area Partnership 
Zones.


                     rural housing assistance grants


                      (including transfer of funds)


    For grants and contracts for very low-income housing repair, 
supervisory and technical assistance, compensation for construction 
defects, and rural housing preservation made by the Rural Housing 
Service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e, and 1490m, 
$41,500,000, to remain available until expended: Provided, That of the 
total amount appropriated, $1,200,000 shall be available through June 
30, 2009, for authorized empowerment zones and

[[Page 123 STAT. 543]]

enterprise communities and communities designated by the Secretary of 
Agriculture as Rural Economic Area Partnership Zones: Provided further, 
That any balances to carry out a housing demonstration program to 
provide revolving loans for the preservation of low-income multi-family 
housing projects as authorized in Public Law 108-447 and Public Law 109-
97 shall be transferred to and merged with the ``Rural Housing Service, 
Multi-family Housing Revitalization Program Account''.


                       farm labor program account


    For the cost of direct loans, grants, and contracts, as authorized 
by 42 U.S.C. 1484 and 1486, $18,269,000, to remain available until 
expended, for direct farm labor housing loans and domestic farm labor 
housing grants and contracts.


               Rural Community Facilities Program Account


                     (including transfers of funds)


    For the cost of direct loans, loan guarantees, and grants for rural 
community facilities programs as authorized by section 306 and described 
in section 381E(d)(1) of the Consolidated Farm and Rural Development 
Act, $63,830,000, to remain available until expended: Provided, That 
$6,256,000 of the amount appropriated under this heading shall be 
available for a Rural Community Development Initiative: Provided 
further, That such funds shall be used solely to develop the capacity 
and ability of private, nonprofit community-based housing and community 
development organizations, low-income rural communities, and Federally 
Recognized Native American Tribes to undertake projects to improve 
housing, community facilities, community and economic development 
projects in rural areas: Provided further, That such funds shall be made 
available to qualified private, nonprofit and public intermediary 
organizations proposing to carry out a program of financial and 
technical assistance: Provided further, That such intermediary 
organizations shall provide matching funds from other sources, including 
Federal funds for related activities, in an amount not less than funds 
provided: Provided further, That $10,000,000 of the amount appropriated 
under this heading shall be to provide grants for facilities in rural 
communities with extreme unemployment and severe economic depression 
(Public Law 106-387), with up to 5 percent for administration and 
capacity building in the State rural development offices: Provided 
further, That $3,972,000 of the amount appropriated under this heading 
shall be available for community facilities grants to tribal colleges, 
as authorized by section 306(a)(19) of such Act: Provided further, That 
not to exceed $1,000,000 of the amount appropriated under this heading 
shall be available through June 30, 2009, for authorized empowerment 
zones and enterprise communities and communities designated by the 
Secretary of Agriculture as Rural Economic Area Partnership Zones for 
the rural community programs described in section 381E(d)(1) of the 
Consolidated Farm and Rural Development Act: Provided further, That 
sections 381E-H and 381N of the Consolidated Farm and Rural Development 
Act are not applicable to the funds made available under this heading: 
Provided further, That any prior balances in the Rural Development, 
Rural Community Advancement Program account for programs authorized

[[Page 123 STAT. 544]]

by section 306 and described in section 381E(d)(1) of such Act be 
transferred and merged with this account and any other prior balances 
from the Rural Development, Rural Community Advancement Program account 
that the Secretary determines is appropriate to transfer.

                   Rural Business--Cooperative Service


                     rural business program account


                     (including transfers of funds)


    For the cost of loan guarantees and grants, for the rural business 
development programs authorized by sections 306 and 310B and described 
in sections 310B(f) and 381E(d)(3) of the Consolidated Farm and Rural 
Development Act, $87,385,000, to remain available until expended: 
Provided, That of the amount appropriated under this heading, not to 
exceed $500,000 shall be made available for a grant to a qualified 
national organization to provide technical assistance for rural 
transportation in order to promote economic development and $2,979,000 
shall be for grants to the Delta Regional Authority (7 U.S.C. 1921 et 
seq.) for any Rural Community Advancement Program purpose as described 
in section 381E(d) of the Consolidated Farm and Rural Development Act, 
of which not more than 5 percent may be used for administrative 
expenses: Provided further, That $4,000,000 of the amount appropriated 
under this heading shall be for business grants to benefit Federally 
Recognized Native American Tribes, including $250,000 for a grant to a 
qualified national organization to provide technical assistance for 
rural transportation in order to promote economic development: Provided 
further, That not to exceed $8,300,000 of the amount appropriated under 
this heading shall be available through June 30, 2009, for authorized 
empowerment zones and enterprise communities and communities designated 
by the Secretary of Agriculture as Rural Economic Area Partnership Zones 
for the rural business and cooperative development programs described in 
section 381E(d)(3) of the Consolidated Farm and Rural Development Act: 
Provided further, That sections 381E-H and 381N of the Consolidated Farm 
and Rural Development Act are not applicable to funds made available 
under this heading: Provided further, That any prior balances in the 
Rural Development, Rural Community Advancement Program account for 
programs authorized by sections 306 and 310B and described in sections 
310B(f) and 381E(d)(3) of such Act be transferred and merged with this 
account and any other prior balances from the Rural Development, Rural 
Community Advancement Program account that the Secretary determines is 
appropriate to transfer.


               rural development loan fund program account


                      (including transfer of funds)


    For the principal amount of direct loans, as authorized by the Rural 
Development Loan Fund (42 U.S.C. 9812(a)), $33,536,000.
    For the cost of direct loans, $14,035,000, as authorized by the 
Rural Development Loan Fund (42 U.S.C. 9812(a)), of which $1,724,000 
shall be available through June 30, 2009, for Federally Recognized 
Native American Tribes and of which $3,449,000 shall be available 
through June 30, 2009, for Mississippi Delta Region

[[Page 123 STAT. 545]]

counties (as determined in accordance with Public Law 100-460): 
Provided, That such costs, including the cost of modifying such loans, 
shall be as defined in section 502 of the Congressional Budget Act of 
1974: Provided further, That of the total amount appropriated, $880,000 
shall be available through June 30, 2009, for the cost of direct loans 
for authorized empowerment zones and enterprise communities and 
communities designated by the Secretary of Agriculture as Rural Economic 
Area Partnership Zones.
    In addition, for administrative expenses to carry out the direct 
loan programs, $4,853,000 shall be transferred to and merged with the 
appropriation for ``Rural Development, Salaries and Expenses''.


            Rural Economic Development Loans Program Account


                     (including rescission of funds)


    For the principal amount of direct loans, as authorized under 
section 313 of the Rural Electrification Act, for the purpose of 
promoting rural economic development and job creation projects, 
$33,077,000.
    Of the funds derived from interest on the cushion of credit 
payments, as authorized by section 313 of the Rural Electrification Act 
of 1936, $20,000,000 shall not be obligated and $20,000,000 are 
rescinded.


                  rural cooperative development grants


    For rural cooperative development grants authorized under section 
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 
1932), $12,636,000, of which $300,000 shall be for a cooperative 
research agreement with a qualified academic institution to conduct 
research on the national economic impact of all types of cooperatives; 
and of which $2,582,000 shall be for cooperative agreements for the 
appropriate technology transfer for rural areas program: Provided, That 
not to exceed $1,463,000 shall be for cooperatives or associations of 
cooperatives whose primary focus is to provide assistance to small, 
socially disadvantaged producers and whose governing board and/or 
membership is comprised of at least 75 percent socially disadvantaged 
members; and of which $3,867,000, to remain available until expended, 
shall be for value-added agricultural product market development grants, 
as authorized by section 231 of the Agricultural Risk Protection Act of 
2000 (7 U.S.C. 1621 note).


        rural empowerment zones and enterprise communities grants


     For grants in connection with empowerment zones and enterprise 
communities, $8,130,000, to remain available until expended, for 
designated rural empowerment zones and rural enterprise communities, as 
authorized by the Taxpayer Relief Act of 1997 and the Omnibus 
Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public 
Law 105-277): Provided, That the funds provided under this paragraph 
shall be made available to empowerment zones and enterprise communities 
in a manner and with the same priorities such funds were made available 
during the 2007 fiscal year.

[[Page 123 STAT. 546]]

                    rural energy for america program


    For the cost of a program of loan guarantees and grants, under the 
same terms and conditions as authorized by section 9007 of the Farm 
Security and Rural Investment Act of 2002 (7 U.S.C. 8107), $5,000,000: 
Provided, That the cost of loan guarantees, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974.

                         Rural Utilities Service


             Rural Water and Waste Disposal Program Account


                     (including transfers of funds)


    For the cost of direct loans, loan guarantees, and grants for the 
rural water, waste water, waste disposal, and solid waste management 
programs authorized by sections 306, 306A, 306C, 306D, and 310B and 
described in sections 306C(a)(2), 306D, and 381E(d)(2) of the 
Consolidated Farm and Rural Development Act, $556,268,000, to remain 
available until expended, of which not to exceed $497,000 shall be 
available for the rural utilities program described in section 
306(a)(2)(B) of such Act, and of which not to exceed $993,000 shall be 
available for the rural utilities program described in section 306E of 
such Act: Provided, That $65,000,000 of the amount appropriated under 
this heading shall be for loans and grants including water and waste 
disposal systems grants authorized by 306C(a)(2)(B) and 306D of the 
Consolidated Farm and Rural Development Act and for Federally-recognized 
Native American Tribes authorized by 306C(a)(1): Provided further, That 
not to exceed $19,000,000 of the amount appropriated under this heading 
shall be for technical assistance grants for rural water and waste 
systems pursuant to section 306(a)(14) of such Act, unless the Secretary 
makes a determination of extreme need, of which $5,600,000 shall be made 
available for a grant to a qualified non-profit multi-state regional 
technical assistance organization, with experience in working with small 
communities on water and waste water problems, the principal purpose of 
such grant shall be to assist rural communities with populations of 
3,300 or less, in improving the planning, financing, development, 
operation, and management of water and waste water systems, and of which 
not less than $800,000 shall be for a qualified national Native American 
organization to provide technical assistance for rural water systems for 
tribal communities: Provided further, That not to exceed $14,000,000 of 
the amount appropriated under this heading shall be for contracting with 
qualified national organizations for a circuit rider program to provide 
technical assistance for rural water systems: Provided further, That not 
to exceed $12,700,000 of the amount appropriated under this heading 
shall be available through June 30, 2009, for authorized empowerment 
zones and enterprise communities and communities designated by the 
Secretary of Agriculture as Rural Economic Area Partnership Zones for 
the rural utilities programs described in section 381E(d)(2) of such 
Act: Provided further, That $17,500,000 of the amount appropriated under 
this heading shall be transferred to, and merged with, the Rural 
Utilities Service, High Energy Cost Grants Account to provide grants 
authorized under section 19 of the Rural Electrification Act of 1936 (7 
U.S.C. 918a): Provided further, That any

[[Page 123 STAT. 547]]

prior year balances for high cost energy grants authorized by section 19 
of the Rural Electrification Act of 1936 (7 U.S.C. 901(19)) shall be 
transferred to and merged with the Rural Utilities Service, High Energy 
Costs Grants Account: Provided further, That sections 381E-H and 381N of 
the Consolidated Farm and Rural Development Act are not applicable to 
the funds made available under this heading: Provided further, That any 
prior balances in the Rural Development, Rural Community Advancement 
Program account programs authorized by sections 306, 306A, 306C, 306D, 
and 310B and described in sections 306C(a)(2), 306D, and 381E(d)(2) of 
such Act be transferred to and merged with this account and any other 
prior balances from the Rural Development, Rural Community Advancement 
Program account that the Secretary determines is appropriate to 
transfer.


   rural electrification and telecommunications loans program account


                      (including transfer of funds)


    The principal amount of direct and guaranteed loans as authorized by 
section 305 of the Rural Electrification Act of 1936 (7 U.S.C. 935) 
shall be made as follows: 5 percent rural electrification loans, 
$100,000,000; loans made pursuant to section 306 of that Act, rural 
electric, $6,500,000,000; 5 percent rural telecommunications loans, 
$145,000,000; cost of money rural telecommunications loans, 
$250,000,000; and for loans made pursuant to section 306 of that Act, 
rural telecommunications loans, $295,000,000.
    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, including the cost of modifying loans, of direct and 
guaranteed loans authorized by sections 305 and 306 of the Rural 
Electrification Act of 1936 (7 U.S.C. 935 and 936), as follows: the cost 
of telecommunications loans, $525,000: Provided, That notwithstanding 
section 305(d)(2) of the Rural Electrification Act of 1936, borrower 
interest rates may exceed 7 percent per year.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $39,245,000, which shall be 
transferred to and merged with the appropriation for ``Rural 
Development, Salaries and Expenses''.


         distance learning, telemedicine, and broadband program


                     (including rescission of funds)


    For the principal amount of broadband telecommunication loans, 
$400,487,000.
    For grants for telemedicine and distance learning services in rural 
areas, as authorized by 7 U.S.C. 950aaa et seq., $34,755,000, to remain 
available until expended: Provided, That the Secretary may use funds 
under this heading for grants authorized by 379(g) of the Consolidated 
Farm and Rural Development Act: Provided further, That $4,965,000 shall 
be made available to convert analog to digital operation those 
noncommercial educational television broadcast stations that serve rural 
areas and are qualified for Community Service Grants by the Corporation 
for Public Broadcasting under section 396(k) of the Communications Act 
of 1934, including associated translators and repeaters, regardless of 
the location of their main transmitter, studio-to-transmitter links, and

[[Page 123 STAT. 548]]

equipment to allow local control over digital content and programming 
through the use of high-definition broadcast, multi-casting and 
datacasting technologies.
    For the cost of broadband loans, as authorized by section 601 of the 
Rural Electrification Act, $15,619,000, to remain available until 
expended: Provided, That the cost of direct loans shall be as defined in 
section 502 of the Congressional Budget Act of 1974: Provided further, 
That of the unobligated balances available for the cost of the broadband 
loans, $6,404,000 are rescinded.
    In addition, $13,406,000, to remain available until expended, for a 
grant program to finance broadband transmission in rural areas eligible 
for Distance Learning and Telemedicine Program benefits authorized by 7 
U.S.C. 950aaa.

                                TITLE IV

                         DOMESTIC FOOD PROGRAMS

 Office of the Under Secretary for Food, Nutrition and Consumer Services

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

                       Food and Nutrition Service


                        child nutrition programs


                     (including transfers of funds)


    In lieu of the amounts made available in section 14222(b) of the 
Food, Conservation, and Energy Act of 2008, for necessary expenses to 
carry out the Richard B. Russell National School Lunch Act (42 U.S.C. 
1751 et seq.), except section 21, and the Child Nutrition Act of 1966 
(42 U.S.C. 1771 et seq.), except sections 17 and 21; $14,951,911,000, to 
remain available through September 30, 2010, of which $8,496,109,000 is 
hereby appropriated and $6,455,802,000 shall be derived by transfer from 
funds available under section 32 of the Act of August 24, 1935 (7 U.S.C. 
612c).


special supplemental nutrition program for women, infants, and children 
                                  (wic)


    For necessary expenses to carry out the special supplemental 
nutrition program as authorized by section 17 of the Child Nutrition Act 
of 1966 (42 U.S.C. 1786), $6,860,000,000, to remain available through 
September 30, 2010, of which such sums as are necessary to restore the 
contingency reserve to $125,000,000 shall be placed in reserve, to 
remain available until expended, to be allocated as the Secretary deems 
necessary, notwithstanding section 17(i) of such Act, to support 
participation should cost or participation exceed budget estimates: 
Provided, That of the total amount available, the Secretary shall 
obligate not less than $14,850,000 for a breastfeeding support 
initiative in addition to the activities specified in section 
17(h)(3)(A): Provided further, That, notwithstanding section 
17(h)(10)(A) of such Act, only the provisions of section 17(h)(10)(B)(i) 
and section 17(h)(10)(B)(ii) shall be effective in 2009; including 
$14,000,000 for the purposes specified in section 17(h)(10)(B)(i): 
Provided further, That funds made available for

[[Page 123 STAT. 549]]

the purposes specified in section 17(h)(10)(B)(ii) shall only be made 
available upon determination by the Secretary that funds are available 
to meet caseload requirements without the use of the contingency reserve 
funds after the date of enactment of this Act: Provided further, That 
hereafter none of the funds in this Act shall be available to pay 
administrative expenses of WIC clinics except those that have an 
announced policy of prohibiting smoking within the space used to carry 
out the program: Provided further, That none of the funds provided in 
this account shall be available for the purchase of infant formula 
except in accordance with the cost containment and competitive bidding 
requirements specified in section 17 of such Act: Provided further, That 
none of the funds provided shall be available for activities that are 
not fully reimbursed by other Federal Government departments or agencies 
unless authorized by section 17 of such Act.


                supplemental nutrition assistance program


    For necessary expenses to carry out the Food and Nutrition Act of 
2008 (7 U.S.C. 2011 et seq.), $53,969,246,000, of which $3,000,000,000, 
to remain available through September 30, 2010, shall be placed in 
reserve for use only in such amounts and at such times as may become 
necessary to carry out program operations: Provided, That funds provided 
herein shall be expended in accordance with section 16 of the Food and 
Nutrition Act of 2008: Provided further, That this appropriation shall 
be subject to any work registration or workfare requirements as may be 
required by law: Provided further, That funds made available for 
Employment and Training under this heading shall remain available until 
expended, as authorized by section 16(h)(1) of the Food and Nutrition 
Act of 2008: Provided further, That funds made available under this 
heading may be used to enter into contracts and employ staff to conduct 
studies, evaluations, or to conduct activities related to program 
integrity provided that such activities are authorized by the Food and 
Nutrition Act of 2008.


                      commodity assistance program


    For necessary expenses to carry out disaster assistance and the 
Commodity Supplemental Food Program as authorized by section 4(a) of the 
Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note); 
the Emergency Food Assistance Act of 1983; special assistance for the 
nuclear affected islands, as authorized by section 103(f)(2) of the 
Compact of Free Association Amendments Act of 2003 (Public Law 108-188); 
and the Farmers' Market Nutrition Program, as authorized by section 
17(m) of the Child Nutrition Act of 1966, $230,800,000, to remain 
available through September 30, 2010: Provided, That none of these funds 
shall be available to reimburse the Commodity Credit Corporation for 
commodities donated to the program: Provided further, That 
notwithstanding any other provision of law, effective with funds made 
available in fiscal year 2009 to support the Seniors Farmers' Market 
Nutrition Program, as authorized by section 4402 of the Farm Security 
and Rural Investment Act of 2002, such funds shall remain available 
through September 30, 2010: Provided further, That of the funds made 
available under section 27(a) of the Food and Nutrition Act of 2008 (7 
U.S.C. 2036(a)), the Secretary may use up to 10 percent for costs 
associated with the distribution of commodities.

[[Page 123 STAT. 550]]

                    nutrition programs administration


    For necessary administrative expenses of the Food and Nutrition 
Service for carrying out any domestic nutrition assistance program, 
$142,595,000.

                                 TITLE V

                 FOREIGN ASSISTANCE AND RELATED PROGRAMS

                      Foreign Agricultural Service


                          salaries and expenses


                     (including transfers of funds)


    For necessary expenses of the Foreign Agricultural Service, 
including not to exceed $158,000 for representation allowances and for 
expenses pursuant to section 8 of the Act approved August 3, 1956 (7 
U.S.C. 1766), $165,436,000: Provided, That the Service may utilize 
advances of funds, or reimburse this appropriation for expenditures made 
on behalf of Federal agencies, public and private organizations and 
institutions under agreements executed pursuant to the agricultural food 
production assistance programs (7 U.S.C. 1737) and the foreign 
assistance programs of the United States Agency for International 
Development: <<NOTE: Notification.>>  Provided further, That funds made 
available for the cost of agreements under title I of the Agricultural 
Trade Development and Assistance Act of 1954 and for title I ocean 
freight differential may be used interchangeably between the two 
accounts with prior notice to the Committees on Appropriations of both 
Houses of Congress.


   public law 480 title i direct credit and food for progress program 
                                 account


                     (including transfers of funds)


    For administrative expenses to carry out the credit program of title 
I, Public Law 83-480 and the Food for Progress Act of 1985, $2,736,000, 
to be transferred to and merged with the appropriation for ``Farm 
Service Agency, Salaries and Expenses''.


                     public law 480 title ii grants


    For expenses during the current fiscal year, not otherwise 
recoverable, and unrecovered prior years' costs, including interest 
thereon, under the Food for Peace Act, for commodities supplied in 
connection with dispositions abroad under title II of said Act, 
$1,225,900,000, to remain available until expended.


        commodity credit corporation export loans program account


                     (including transfers of funds)


    For administrative expenses to carry out the Commodity Credit 
Corporation's export guarantee program, GSM 102 and GSM 103, $5,333,000; 
to cover common overhead expenses as permitted by section 11 of the 
Commodity Credit Corporation Charter Act and in conformity with the 
Federal Credit Reform Act of 1990, of which

[[Page 123 STAT. 551]]

$4,985,000 shall be transferred to and merged with the appropriation for 
``Foreign Agricultural Service, Salaries and Expenses'', and of which 
$348,000 shall be transferred to and merged with the appropriation for 
``Farm Service Agency, Salaries and Expenses''.


  mc govern-dole international food for education and child nutrition 
                             program grants


    For necessary expenses to carry out the provisions of section 3107 
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
1), $100,000,000, to remain available until expended: Provided, That the 
Commodity Credit Corporation is authorized to provide the services, 
facilities, and authorities for the purpose of implementing such 
section, subject to reimbursement from amounts provided herein.

                                TITLE VI

             RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration


                          salaries and expenses


    For necessary expenses of the Food and Drug Administration, 
including hire and purchase of passenger motor vehicles; for payment of 
space rental and related costs pursuant to Public Law 92-313 for 
programs and activities of the Food and Drug Administration which are 
included in this Act; for rental of special purpose space in the 
District of Columbia or elsewhere; for miscellaneous and emergency 
expenses of enforcement activities, authorized and approved by the 
Secretary and to be accounted for solely on the Secretary's certificate, 
not to exceed $25,000; and notwithstanding section 521 of Public Law 
107-188; $2,622,267,000, of which $7,641,000 shall be for the purposes, 
and in the amounts, specified in the final paragraph under ``Food and 
Drug Administration, Salaries and Expenses'' in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act): Provided, That of the amount provided under this 
heading, $510,665,000 shall be derived from prescription drug user fees 
authorized by 21 U.S.C. 379h shall be credited to this account and 
remain available until expended, and shall not include any fees pursuant 
to 21 U.S.C. 379h(a)(2) and (a)(3) assessed for fiscal year 2010 but 
collected in fiscal year 2009; $52,547,000 shall be derived from medical 
device user fees authorized by 21 U.S.C. 379j, and shall be credited to 
this account and remain available until expended; $15,260,000 shall be 
derived from animal drug user fees authorized by 21 U.S.C. 379j, and 
shall be credited to this account and remain available until expended; 
and $4,831,000 shall be derived from animal generic drug user fees 
authorized by 21 U.S.C. 379f, and shall be credited to this account and 
shall remain available until expended: Provided further, That fees 
derived from prescription drug, medical device, animal drug, and animal 
generic drug assessments for fiscal year 2009 received during fiscal 
year 2009, including any such fees assessed prior to fiscal year 2009 
but credited for fiscal year 2009, shall be subject to the

[[Page 123 STAT. 552]]

fiscal year 2009 limitations: Provided further, That none of these funds 
shall be used to develop, establish, or operate any program of user fees 
authorized by 31 U.S.C. 9701: Provided further, That of the total amount 
appropriated: (1) $648,722,000 shall be for the Center for Food Safety 
and Applied Nutrition and related field activities in the Office of 
Regulatory Affairs; (2) $777,437,000 shall be for the Center for Drug 
Evaluation and Research and related field activities in the Office of 
Regulatory Affairs, of which no less than $41,358,000 shall be available 
for the Office of Generic Drugs; (3) $271,490,000 shall be for the 
Center for Biologics Evaluation and Research and for related field 
activities in the Office of Regulatory Affairs; (4) $134,344,000 shall 
be for the Center for Veterinary Medicine and for related field 
activities in the Office of Regulatory Affairs; (5) $310,547,000 shall 
be for the Center for Devices and Radiological Health and for related 
field activities in the Office of Regulatory Affairs; (6) $52,511,000 
shall be for the National Center for Toxicological Research; (7) not to 
exceed $111,758,000 shall be for Rent and Related activities, of which 
$41,281,000 is for White Oak Consolidation, other than the amounts paid 
to the General Services Administration for rent; (8) not to exceed 
$155,425,000 shall be for payments to the General Services 
Administration for rent; and (9) $160,033,000 shall be for other 
activities, including the Office of the Commissioner; the Office of 
Scientific and Medical Programs; the Office of Policy, Planning and 
Preparedness; the Office of International and Special Programs; the 
Office of Operations; and central services for these offices: Provided 
further, That none of the funds made available under this heading shall 
be used to transfer funds under section 770(n) of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 379dd): Provided further, That funds 
may be transferred from one specified activity to another with the prior 
approval of the Committees on Appropriations of both Houses of Congress.
    In addition, mammography user fees authorized by 42 U.S.C. 263b, 
export certification user fees authorized by 21 U.S.C. 381, and priority 
review user fees authorized by 21 U.S.C. 360n may be credited to this 
account, to remain available until expended.


                        buildings and facilities


    For plans, construction, repair, improvement, extension, alteration, 
and purchase of fixed equipment or facilities of or used by the Food and 
Drug Administration, where not otherwise provided, $12,433,000, to 
remain available until expended.

                           INDEPENDENT AGENCY

                       Farm Credit Administration


                  limitation on administrative expenses


    Not to exceed $49,000,000 (from assessments collected from farm 
credit institutions, including the Federal Agricultural Mortgage 
Corporation) shall be obligated during the current fiscal year for 
administrative expenses as authorized under 12 U.S.C. 2249: Provided, 
That this limitation shall not apply to expenses associated with 
receiverships.

[[Page 123 STAT. 553]]

                                TITLE VII

                           GENERAL PROVISIONS


              (including rescission and transfers of funds)


    Sec. 701. Within the unit limit of cost fixed by law, appropriations 
and authorizations made for the Department of Agriculture for the 
current fiscal year under this Act shall be available for the purchase, 
in addition to those specifically provided for, of not to exceed 327 
passenger motor vehicles, of which 315 shall be for replacement only, 
and for the hire of such vehicles.
    Sec. 702. <<NOTE: 7 USC 2209b note.>>  New obligational authority 
provided for the following appropriation items in this Act shall remain 
available until expended: Food Safety and Inspection Service, Public 
Health Data Communication Infrastructure System; Farm Service Agency, 
salaries and expenses funds made available to county committees; Foreign 
Agricultural Service, middle-income country training program, and up to 
$2,000,000 of the Foreign Agricultural Service appropriation solely for 
the purpose of offsetting fluctuations in international currency 
exchange rates, subject to documentation by the Foreign Agricultural 
Service.

    Sec. 703. The Secretary of Agriculture may transfer unobligated 
balances of discretionary funds appropriated by this Act or other 
available unobligated discretionary balances of the Department of 
Agriculture to the Working Capital Fund for the acquisition of plant and 
capital equipment necessary for the financial management modernization 
initiative and the delivery of financial, administrative, and 
information technology services of primary benefit to the agencies of 
the Department of Agriculture: Provided, That none of the funds made 
available by this Act or any other Act shall be transferred to the 
Working Capital Fund without the prior approval of the agency 
administrator: Provided further, That none of the funds transferred to 
the Working Capital Fund pursuant to this section shall be available for 
obligation without the prior approval of the Committees on 
Appropriations of both Houses of Congress: Provided further, That none 
of the funds appropriated by this Act or made available to the 
Department's Working Capital Fund shall be available for obligation or 
expenditure to make any changes to the Department's National Finance 
Center without prior approval of the Committees on Appropriations of 
both Houses of Congress as required by section 712 of this Act.
    Sec. 704. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 705. No funds appropriated by this Act may be used to pay 
negotiated indirect cost rates on cooperative agreements or similar 
arrangements between the United States Department of Agriculture and 
nonprofit institutions in excess of 10 percent of the total direct cost 
of the agreement when the purpose of such cooperative arrangements is to 
carry out programs of mutual interest between the two parties. This does 
not preclude appropriate payment of indirect costs on grants and 
contracts with such institutions when such indirect costs are computed 
on a similar basis for all agencies for which appropriations are 
provided in this Act.
    Sec. 706. Appropriations to the Department of Agriculture for the 
cost of direct and guaranteed loans made available in the current fiscal 
year shall remain available until expended to disburse

[[Page 123 STAT. 554]]

obligations made in the current fiscal year for the following accounts: 
the Rural Development Loan Fund program account, the Rural 
Electrification and Telecommunication Loans program account, and the 
Rural Housing Insurance Fund program account.
    Sec. 707. Of the funds made available by this Act, not more than 
$1,800,000 shall be used to cover necessary expenses of activities 
related to all advisory committees, panels, commissions, and task forces 
of the Department of Agriculture, except for panels used to comply with 
negotiated rule makings and panels used to evaluate competitively 
awarded grants.
    Sec. 708. None of the funds appropriated by this Act may be used to 
carry out section 410 of the Federal Meat Inspection Act (21 U.S.C. 
679a) or section 30 of the Poultry Products Inspection Act (21 U.S.C. 
471).
    Sec. 709. No employee of the Department of Agriculture may be 
detailed or assigned from an agency or office funded by this Act to any 
other agency or office of the Department for more than 30 days unless 
the individual's employing agency or office is fully reimbursed by the 
receiving agency or office for the salary and expenses of the employee 
for the period of assignment.
    Sec. 710. None of the funds appropriated or otherwise made available 
to the Department of Agriculture or the Food and Drug Administration 
shall be used to transmit or otherwise make available to any non-
Department of Agriculture or non-Department of Health and Human Services 
employee questions or responses to questions that are a result of 
information requested for the appropriations hearing process.
    Sec. 711. None of the funds made available to the Department of 
Agriculture by this Act may be used to acquire new information 
technology systems or significant upgrades, as determined by the Office 
of the Chief Information Officer, without the approval of the Chief 
Information Officer and the concurrence of the Executive Information 
Technology Investment Review Board: Provided, That notwithstanding any 
other provision of law, none of the funds appropriated or otherwise made 
available by this Act may be transferred to the Office of the Chief 
Information Officer without the prior approval of the Committees on 
Appropriations of both Houses of Congress: Provided further, That none 
of the funds available to the Department of Agriculture for information 
technology shall be obligated for projects over $25,000 prior to receipt 
of written approval by the Chief Information Officer.
    Sec. 712. <<NOTE: Notifications. Deadlines.>>  (a) None of the funds 
provided by this Act, or provided by previous Appropriations Acts to the 
agencies funded by this Act that remain available for obligation or 
expenditure in the current fiscal year, or provided from any accounts in 
the Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds which--
            (1) creates new programs;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel by any means for any 
        project or activity for which funds have been denied or 
        restricted;
            (4) relocates an office or employees;
            (5) reorganizes offices, programs, or activities; or

[[Page 123 STAT. 555]]

            (6) contracts out or privatizes any functions or activities 
        presently performed by Federal employees; unless the Committees 
        on Appropriations of both Houses of Congress are notified 15 
        days in advance of such reprogramming of funds.

    (b) None of the funds provided by this Act, or provided by previous 
Appropriations Acts to the agencies funded by this Act that remain 
available for obligation or expenditure in the current fiscal year, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure for activities, 
programs, or projects through a reprogramming of funds in excess of 
$500,000 or 10 percent, which-ever is less, that: (1) augments existing 
programs, projects, or activities; (2) reduces by 10 percent funding for 
any existing program, project, or activity, or numbers of personnel by 
10 percent as approved by Congress; or (3) results from any general 
savings from a reduction in personnel which would result in a change in 
existing programs, activities, or projects as approved by Congress; 
unless the Committees on Appropriations of both Houses of Congress are 
notified 15 days in advance of such reprogramming of funds.
    (c) The Secretary of Agriculture or the Secretary of Health and 
Human Services shall notify the Committees on Appropriations of both 
Houses of Congress before implementing a program or activity not carried 
out during the previous fiscal year unless the program or activity is 
funded by this Act or specifically funded by any other Act.
    Sec. 713. None of the funds appropriated by this or any other Act 
shall be used to pay the salaries and expenses of personnel who prepare 
or submit appropriations language as part of the President's Budget 
submission to the Congress of the United States for programs under the 
jurisdiction of the Appropriations Subcommittees on Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies that 
assumes revenues or reflects a reduction from the previous year due to 
user fees proposals that have not been enacted into law prior to the 
submission of the Budget unless such Budget submission identifies which 
additional spending reductions should occur in the event the user fees 
proposals are not enacted prior to the date of the convening of a 
committee of conference for the fiscal year 2010 appropriations Act.
    Sec. 714. None of the funds made available by this or any other Act 
may be used to close or relocate a Rural Development office unless or 
until the Secretary of Agriculture determines the cost effectiveness 
and/or enhancement of program delivery: Provided, 
That <<NOTE: Deadline. Notification. Reports.>>  not later than 120 days 
before the date of the proposed closure or relocation, the Secretary 
notifies the Committees on Appropriation of the House and Senate, and 
the members of Congress from the State in which the office is located of 
the proposed closure or relocation and provides a report that describes 
the justifications for such closures and relocations.

    Sec. 715. None of the funds made available to the Food and Drug 
Administration by this Act shall be used to close or relocate, or to 
plan to close or relocate, the Food and Drug Administration Division of 
Pharmaceutical Analysis in St. Louis, Missouri, outside the city or 
county limits of St. Louis, Missouri.

[[Page 123 STAT. 556]]

    Sec. 716. There is hereby appropriated $434,000, to remain available 
until expended, for the Denali Commission to address deficiencies in 
solid waste disposal sites which threaten to contaminate rural drinking 
water supplies.
    Sec. 717. None of the funds appropriated or otherwise made available 
by this or any other Act shall be used to pay the salaries and expenses 
of personnel to carry out an environmental quality incentives program 
authorized by chapter 4 of subtitle D of title XII of the Food Security 
Act of 1985 (16 U.S.C. 3839aa, et seq.) in excess of $1,067,000,000.
    Sec. 718. None of the funds made available in fiscal year 2009 or 
preceding fiscal years for programs authorized under the Food for Peace 
Act (7 U.S.C. 1691 et seq.) in excess of $20,000,000 shall be used to 
reimburse the Commodity Credit Corporation for the release of eligible 
commodities under section 302(f)(2)(A) of the Bill Emerson Humanitarian 
Trust Act (7 U.S.C. 1736f-1): Provided, That any such funds made 
available to reimburse the Commodity Credit Corporation shall only be 
used pursuant to section 302(b)(2)(B)(i) of the Bill Emerson 
Humanitarian Trust Act.
     Sec. 719. No funds shall be used to pay salaries and expenses of 
the Department of Agriculture to carry out or administer the program 
authorized by section 14(h)(1) of the Watershed Protection and Flood 
Prevention Act (16 U.S.C. 1012(h)(1)).
    Sec. 720. Funds made available under section 1240I and section 
1241(a) of the Food Security Act of 1985 and section 524(b) of the 
Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal year 
shall remain available until expended to disburse obligations made in 
the current fiscal year.
    Sec. 721. <<NOTE: News stories.>>  Unless otherwise authorized by 
existing law, none of the funds provided in this Act, may be used by an 
executive branch agency to produce any prepackaged news story intended 
for broadcast or distribution in the United States unless the story 
includes a clear notification within the text or audio of the 
prepackaged news story that the prepackaged news story was prepared or 
funded by that executive branch agency.

    Sec. 722. Notwithstanding any other provision of law, any former RUS 
borrower that has repaid or prepaid an insured, direct or guaranteed 
loan under the Rural Electrification Act, or any not-for-profit utility 
that is eligible to receive an insured or direct loan under such Act, 
shall be eligible for assistance under section 313(b)(2)(B) of such Act 
in the same manner as a borrower under such Act.
    Sec. 723. None of the funds appropriated or otherwise made available 
by this or any other Act shall be used to pay the salaries and expenses 
of personnel to carry out a program under subsection (b)(2)(A)(i) of 
section 14222 of Public Law 110-246 in excess of $1,071,530,000: 
Provided, That none of the funds made available in this Act or any other 
Act shall be used for salaries and expenses to carry out section 
19(i)(1)(B) of the Richard B. Russell National School Lunch Act as 
amended by section 4304 of Public Law 110-246 in excess of $16,000,000 
until October 1, 2009: Provided further, of the unobligated balances 
under section 32 of the Act of August 24, 1935, $293,530,000 are hereby 
rescinded.
    Sec. 724. <<NOTE: Waiver authority.>>  Notwithstanding any other 
provision of law, the Secretary of Agriculture is authorized to make 
funding and other assistance available through the emergency watershed 
protection program under section 403 of the Agricultural Credit Act of 
1978

[[Page 123 STAT. 557]]

(16 U.S.C. 2203) to repair and prevent damage to non-Federal land in 
watersheds that have been impaired by fires initiated by the Federal 
Government and shall waive cost sharing requirements for the funding and 
assistance.

    Sec. 725. There is hereby appropriated $3,497,000, to remain 
available until expended, for a grant to the National Center for Natural 
Products Research for construction or renovation to carry out the 
research objectives of the natural products research grant issued by the 
Food and Drug Administration.
    Sec. 726. There is hereby appropriated $469,000, to remain available 
until expended, for the planning and design of construction of an 
agriculture pest facility in the State of Hawaii.
    Sec. 727. None of the funds made available in this Act may be used 
to establish or implement a rule allowing poultry products to be 
imported into the United States from the People's Republic of China.
    Sec. 728. There is hereby appropriated $794,000 to the Farm Service 
Agency to carry out a pilot program to demonstrate the use of new 
technologies that increase the rate of growth of re-forested hardwood 
trees on private non-industrial forests lands, enrolling lands on the 
coast of the Gulf of Mexico that were damaged by Hurricane Katrina in 
2005.
    Sec. 729. None of the funds made available to the Department of 
Agriculture in this Act may be used to implement the risk-based 
inspection program in the 30 prototype locations announced on February 
22, 2007, by the Under Secretary for Food Safety, or at any other 
locations, until the USDA Office of Inspector General has provided its 
findings to the Food Safety and Inspection Service and the Committees on 
Appropriations of the House of Representatives and the Senate on the 
data used in support of the development and design of the risk-based 
inspection program and FSIS has addressed and resolved issues identified 
by OIG.
    Sec. 730. <<NOTE: State listing.>>  Notwithstanding any other 
provision of law, and until receipt of the decennial Census in the year 
2010, the Secretary of Agriculture shall consider--
            (1) the City of Palmview, Texas; the City of Pharr, Texas; 
        the City of Hidalgo, Texas; the City of Alton, Texas; the City 
        of La Joya, Texas; the City of Penitas, Texas; the City of 
        Schertz, Texas; the City of Converse, Texas; the City of Cibolo, 
        Texas; and the Township of Bern, Pennsylvania (including 
        individuals and entities with projects within the cities), 
        eligible for loans and grants funded through the Rural Business 
        Program account;
            (2) the County of Nueces, Texas (including individuals and 
        entities with projects within the county), eligible under the 
        Business and Industry Loan Guarantee Program for the purposes of 
        financing a beef processing facility;
            (3) the City of Asheboro, North Carolina (including 
        individuals and entities with projects within the city), 
        eligible for loans and grants funded through the Rural Community 
        Facilities Program account;
            (4) the City of Healdsburg, California; the City of 
        Imperial, California; the City of Havelock, North Carolina; and 
        the City of Newton, North Carolina (including individuals and 
        entities with projects within the cities), eligible for loans 
        and grants funded through the Rural Water and Waste Disposal 
        Program account; and

[[Page 123 STAT. 558]]

            (5) the City of Aptos, California (including individuals and 
        entities with projects within the city), eligible for loans and 
        grants funded under the housing programs of the Rural Housing 
        Service.

    Sec. 731. There is hereby appropriated $2,347,000 for section 4404 
of Public Law 107-171.
    Sec. 732. Notwithstanding any other provision of law, there is 
hereby appropriated:
            (1) $1,877,000 of which $1,408,000 shall be for a grant to 
        the Wisconsin Department of Agriculture, Trade, and Consumer 
        Protection, and $469,000 shall be for a grant to the Vermont 
        Agency of Agriculture, Foods, and Markets, as authorized by 
        section 6402 of the Farm Security and Rural Investment Act of 
        2002 (7 U.S.C. 1621 note);
            (2) $338,000 for a grant to the Wisconsin Department of 
        Agriculture, Trade and Consumer Protection; and
            (3) $94,000 for a grant to the Graham Avenue Business 
        Improvement District in the State of New York.

    Sec. 733. Section 382K(c) of the Consolidated Farm and Rural 
Development Act <<NOTE: 7 USC 2009aa-10. State listing.>>  (7 U.S.C. 
2009aa-10(c)) is repealed.

    Sec. 734. Notwithstanding any other provision of law, the Natural 
Resources Conservation Service shall provide financial and technical 
assistance--
            (1) through the Watershed and Flood Prevention Operations 
        program for the Pocasset River Floodplain Management Project in 
        the State of Rhode Island;
            (2) through the Watershed and Flood Prevention Operations 
        program to carry out the East Locust Creek Watershed Plan 
        Revision in Missouri, including up to 100 percent of the 
        engineering assistance and 75 percent cost share for 
        construction cost of site RW1;
            (3) through the Watershed and Flood Prevention Operations 
        program to carry out the Little Otter Creek Watershed project in 
        Missouri. The sponsoring local organization may obtain land 
        rights by perpetual easements;
            (4) through the Watershed and Flood Prevention Operations 
        program to carry out the Churchill Woods Dam Removal project in 
        DuPage County, Illinois;
            (5) through the Watershed and Flood Prevention Operations 
        program to carry out the Dunloup Creek Watershed Project in 
        Fayette and Raleigh Counties, West Virginia;
            (6) through the Watershed and Flood Prevention Operations 
        program to carry out the Alameda Creek Watershed Project in 
        Alameda County, California;
            (7) through the Watershed and Flood Prevention Operations 
        program to carry out the Colgan Creek Restoration project in 
        Sonoma County, California;
            (8) through the Watershed and Flood Prevention Operations 
        program to carry out the Hurricane Katrina-Related Watershed 
        Restoration project in Jackson County, Mississippi;
            (9) through the Watershed and Flood Prevention Operations 
        program to carry out the Lake George Watershed Protection 
        project in Warren County, New York; and
            (10) through the Watershed and Flood Prevention Operations 
        program to carry out the Pidcock-Mill Creeks Watershed project 
        in Bucks County, Pennsylvania.

[[Page 123 STAT. 559]]

    Sec. 735. Section 17(r)(5) of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1766(r)(5)) is amended--
            (1) by striking ``eight'' and inserting ``ten'';
            (2) by striking ``six'' and inserting ``eight''; and
            (3) by inserting ``Vermont, Maryland,'' after the first 
        instance of ``States shall be''.

    Sec. 736. Notwithstanding any other provision of law, for the 
purposes of a grant under section 412 of the Agricultural Research, 
Extension, and Education Reform Act of 1998, none of the funds in this 
or any other Act may be used to prohibit the provision of in-kind 
support from non-Federal sources under section 412(e)(3) in the form of 
unrecovered indirect costs not otherwise charged against the grant, 
consistent with the indirect rate of cost approved for a recipient.
    Sec. 737. <<NOTE: Meats and meat products. Argentina.>>  None of the 
funds made available by this Act may be used to pay the salaries and 
expenses of any individual to conduct any activities that would allow 
the importation into the United States of any ruminant or swine, or any 
fresh (including chilled or frozen) meat or product of any ruminant or 
swine, that is born, raised, or slaughtered in 
Argentina: <<NOTE: Reports.>>  Provided, That this section shall not 
prevent the Secretary from conducting all necessary activities to review 
this proposal and issue a report on the findings to the Committees on 
Appropriations of the House and Senate: <<NOTE: Time period. Reports.>>  
Provided further, That this section shall only have effect until the 
Secretary of Agriculture has reviewed the domestic animal health aspects 
of the pending proposal to allow the importation of such products into 
the United States and has issued a report to the Committees on the 
findings of such review.

    Sec. 738. Except as otherwise specifically provided by law, 
unobligated balances remaining available at the end of the fiscal year 
from appropriations made available for salaries and expenses in this Act 
for the Farm Service Agency and the Rural Development mission area, 
shall remain available through September 30, 2010, for information 
technology expenses.
    Sec. 739. None of the funds made available in this Act may be used 
to pay the salaries or expenses of personnel to--
            (1) inspect horses under section 3 of the Federal Meat 
        Inspection Act (21 U.S.C. 603);
            (2) inspect horses under section 903 of the Federal 
        Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901 
        note; Public Law 104-127); or
            (3) implement or enforce section 352.19 of title 9, Code of 
        Federal Regulations.

    This division may be cited as the ``Agriculture, Rural Development, 
Food and Drug Administration, and Related Agencies Appropriations Act, 
2009''.

[[Page 123 STAT. 560]]

 DIVISION B--COMMERCE, <<NOTE: Commerce, Justice, Science, and Related 
Agencies Appropriations Act, 2009. Department of Commerce Appropriations 
Act, 2009.>>  JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 
2009

                                 TITLE I

                         DEPARTMENT OF COMMERCE

                   International Trade Administration


                      operations and administration


    For necessary expenses for international trade activities of the 
Department of Commerce provided for by law, and for engaging in trade 
promotional activities abroad, including expenses of grants and 
cooperative agreements for the purpose of promoting exports of United 
States firms, without regard to 44 U.S.C. 3702 and 3703; full medical 
coverage for dependent members of immediate families of employees 
stationed overseas and employees temporarily posted overseas; travel and 
transportation of employees of the International Trade Administration 
between two points abroad, without regard to 49 U.S.C. 40118; employment 
of Americans and aliens by contract for services; rental of space abroad 
for periods not exceeding 10 years, and expenses of alteration, repair, 
or improvement; purchase or construction of temporary demountable 
exhibition structures for use abroad; payment of tort claims, in the 
manner authorized in the first paragraph of 28 U.S.C. 2672 when such 
claims arise in foreign countries; not to exceed $327,000 for official 
representation expenses abroad; purchase of passenger motor vehicles for 
official use abroad, not to exceed $45,000 per vehicle; obtaining 
insurance on official motor vehicles; and rental of tie lines, 
$429,870,000, to remain available until September 30, 2010, of which 
$9,439,000 is to be derived from fees to be retained and used by the 
International Trade Administration, notwithstanding 31 U.S.C. 3302: 
Provided, That not less than $48,592,000 shall be for Manufacturing and 
Services; not less than $42,332,000 shall be for Market Access and 
Compliance; not less than $66,357,000 shall be for the Import 
Administration of which $5,900,000 shall be for the Office of China 
Compliance; not less than $237,739,000 shall be for the United States 
and Foreign Commercial Service; and not less than $25,411,000 shall be 
for Executive Direction and Administration: Provided further, 
That <<NOTE: Applicability.>>  the provisions of the first sentence of 
section 105(f) and all of section 108(c) of the Mutual Educational and 
Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall 
apply in carrying out these activities without regard to section 5412 of 
the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4912); and 
that for the purpose of this Act, contributions under the provisions of 
the Mutual Educational and Cultural Exchange Act of 1961 shall include 
payment for assessments for services provided as part of these 
activities: Provided further, That <<NOTE: Exemption.>>  the 
International Trade Administration shall be exempt from the requirements 
of Circular A-25 (or any successor administrative regulation or policy) 
issued by the Office of Management and Budget: <<NOTE: Negotiations.>>  
Provided further, That negotiations shall be conducted within the World 
Trade Organization to recognize the right of members to distribute 
monies collected from antidumping and countervailing duties: Provided 
further, That negotiations shall be conducted within the World Trade 
Organization consistent with the negotiating objectives contained

[[Page 123 STAT. 561]]

in the Trade Act of 2002, Public Law 107-210: Provided further, That 
within the amounts appropriated, $4,400,000 shall be used for the 
projects, and in the amounts, specified in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act).

                     Bureau of Industry and Security


                      operations and administration


    For necessary expenses for export administration and national 
security activities of the Department of Commerce, including costs 
associated with the performance of export administration field 
activities both domestically and abroad; full medical coverage for 
dependent members of immediate families of employees stationed overseas; 
employment of Americans and aliens by contract for services abroad; 
payment of tort claims, in the manner authorized in the first paragraph 
of 28 U.S.C. 2672 when such claims arise in foreign countries; not to 
exceed $15,000 for official representation expenses abroad; awards of 
compensation to informers under the Export Administration Act of 1979, 
and as authorized by 22 U.S.C. 401(b); and purchase of passenger motor 
vehicles for official use and motor vehicles for law enforcement use 
with special requirement vehicles eligible for purchase without regard 
to any price limitation otherwise established by law, $83,676,000, to 
remain available until expended, of which $14,767,000 shall be for 
inspections and other activities related to national 
security: <<NOTE: Applicability.>>  Provided, That the provisions of the 
first sentence of section 105(f) and all of section 108(c) of the Mutual 
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 
2458(c)) shall apply in carrying out these activities: Provided further, 
That payments and contributions collected and accepted for materials or 
services provided as part of such activities may be retained for use in 
covering the cost of such activities, and for providing information to 
the public with respect to the export administration and national 
security activities of the Department of Commerce and other export 
control programs of the United States and other governments.

                   Economic Development Administration


                economic development assistance programs


    For grants for economic development assistance as provided by the 
Public Works and Economic Development Act of 1965, and for trade 
adjustment assistance, $240,000,000, to remain available until expended: 
Provided, That of the amounts provided, no more than $4,000,000 may be 
transferred to ``Economic Development Administration, Salaries and 
Expenses'' to conduct management oversight and administration of public 
works grants.


                          salaries and expenses


    For necessary expenses of administering the economic development 
assistance programs as provided for by law, $32,800,000: Provided, That 
these funds may be used to monitor projects approved pursuant to title I 
of the Public Works Employment Act of 1976, title II of the Trade Act of 
1974, and the Community Emergency Drought Relief Act of 1977.

[[Page 123 STAT. 562]]

                  Minority Business Development Agency


                      minority business development


    For necessary expenses of the Department of Commerce in fostering, 
promoting, and developing minority business enterprise, including 
expenses of grants, contracts, and other agreements with public or 
private organizations, $29,825,000: Provided, That within the amounts 
appropriated, $825,000 shall be used for the projects, and in the 
amounts, specified in the explanatory statement described in section 4 
(in the matter preceding division A of this consolidated Act).

                    Economic and Statistical Analysis


                          salaries and expenses


    For necessary expenses, as authorized by law, of economic and 
statistical analysis programs of the Department of Commerce, 
$90,621,000, to remain available until September 30, 2010.

                          Bureau of the Census


                          salaries and expenses


    For expenses necessary for collecting, compiling, analyzing, 
preparing, and publishing statistics, provided for by law, $233,588,000.


                     periodic censuses and programs


    For necessary expenses to collect and publish statistics for 
periodic censuses and programs provided for by law, $2,906,262,000, to 
remain available until September 30, 2010: <<NOTE: 13 USC 5 note.>>  
Provided, That none of the funds provided in this or any other Act for 
any fiscal year may be used for the collection of census data on race 
identification that does not include ``some other race'' as a category: 
Provided further, That from amounts provided herein, funds may be used 
for additional promotion, outreach, and marketing activities: Provided 
further, That none of the funds made available in this Act shall be used 
for the conduct of sweepstakes in the 2010 Decennial Census.

       National Telecommunications and Information Administration


                          salaries and expenses


    For necessary expenses, as provided for by law, of the National 
Telecommunications and Information Administration (NTIA), $19,218,000, 
to remain available until September 30, 2010: Provided, That, 
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall 
charge Federal agencies for costs incurred in spectrum management, 
analysis, operations, and related services, and such fees shall be 
retained and used as offsetting collections for costs of such spectrum 
services, to remain available until expended: Provided further, That the 
Secretary of Commerce is authorized to retain and use as offsetting 
collections all funds transferred, or previously transferred, from other 
Government agencies for all costs incurred in telecommunications 
research, engineering, and

[[Page 123 STAT. 563]]

related activities by the Institute for Telecommunication Sciences of 
NTIA, in furtherance of its assigned functions under this paragraph, and 
such funds received from other Government agencies shall remain 
available until expended.


     public telecommunications facilities, planning and construction


    For the administration of grants, authorized by section 392 of the 
Communications Act of 1934, $20,000,000, to remain available until 
expended as authorized by section 391 of the Act: Provided, That not to 
exceed $2,000,000 shall be available for program administration as 
authorized by section 391 of the Act: Provided further, That, 
notwithstanding the provisions of section 391 of the Act, the prior year 
unobligated balances may be made available for grants for projects for 
which applications have been submitted and approved during any fiscal 
year.

                United States Patent and Trademark Office


                          salaries and expenses


    For necessary expenses of the United States Patent and Trademark 
Office (USPTO) provided for by law, including defense of suits 
instituted against the Under Secretary of Commerce for Intellectual 
Property and Director of the United States Patent and Trademark Office, 
$2,010,100,000, to remain available until expended: Provided, That the 
sum herein appropriated from the general fund shall be reduced as 
offsetting collections assessed and collected pursuant to 15 U.S.C. 1113 
and 35 U.S.C. 41 and 376 are received during fiscal year 2009, so as to 
result in a fiscal year 2009 appropriation from the general fund 
estimated at $0: Provided further, That during fiscal year 2009, should 
the total amount of offsetting fee collections be less than 
$2,010,100,000, this amount shall be reduced accordingly: Provided 
further, That $750,000 may be transferred to ``Departmental Management, 
Salaries and Expenses'' for activities associated with the National 
Intellectual Property Law Enforcement Coordination Council: Provided 
further, That from amounts provided herein, not to exceed $1,000 shall 
be made available in fiscal year 2009 for official reception and 
representation expenses: Provided further, That of the amounts provided 
to the USPTO within this account, $5,000,000 shall not become available 
for obligation until the Director of the USPTO has completed a 
comprehensive review of the assumptions behind the patent examiner 
expectancy goals and adopted a revised set of expectancy goals for 
patent examination: Provided further, That in fiscal year 2009 from the 
amounts made available for ``Salaries and Expenses'' for the USPTO, the 
amounts necessary to pay: (1) the difference between the percentage of 
basic pay contributed by the USPTO and employees under section 8334(a) 
of title 5, United States Code, and the normal cost percentage (as 
defined by section 8331(17) of that title) of basic pay, of employees 
subject to subchapter III of chapter 83 of that title; and (2) the 
present value of the otherwise unfunded accruing costs, as determined by 
the Office of Personnel Management, of post-retirement life insurance 
and post-retirement health benefits coverage for all USPTO employees, 
shall be transferred to the Civil

[[Page 123 STAT. 564]]

Service Retirement and Disability Fund, the Employees Life Insurance 
Fund, and the Employees Health Benefits Fund, as appropriate, and shall 
be available for the authorized purposes of those accounts: Provided 
further, That sections 801, 802, and 803 of division B, Public Law 108-
447 shall remain in effect during fiscal year 2009: Provided further, 
That the Director may, this year, reduce by regulation fees payable for 
documents in patent and trademark matters, in connection with the filing 
of documents filed electronically in a form prescribed by the Director: 
Provided further, That $2,000,000 shall be transferred to Office of 
Inspector General for activities associated with carrying out 
investigations and audits related to the USPTO: Provided further, That 
from the amounts provided herein, no less than $4,000,000 shall be 
available only for the USPTO contribution in a cooperative or joint 
agreement or agreements with a non-profit organization or organizations, 
successfully audited within the previous year, and with previous 
experience in such programs, to conduct policy studies, including 
studies relating to activities of United Nations Specialized agencies 
and other international organizations, as well as conferences and other 
development programs, in support of fair international protection of 
intellectual property rights.

             National Institute of Standards and Technology


             scientific and technical research and services


    For necessary expenses of the National Institute of Standards and 
Technology, $472,000,000, to remain available until expended, of which 
not to exceed $9,000,000 may be transferred to the ``Working Capital 
Fund'': Provided, That not to exceed $5,000 shall be for official 
reception and representation expenses: Provided further, That within the 
amounts appropriated, $3,000,000 shall be used for the projects, and in 
the amounts, specified in the explanatory statement described in section 
4 (in the matter preceding division A of this consolidated Act).


                     industrial technology services


    For necessary expenses of the Hollings Manufacturing Extension 
Partnership of the National Institute of Standards and Technology, 
$110,000,000, to remain available until expended. In addition, for 
necessary expenses of the Technology Innovation Program of the National 
Institute of Standards and Technology, $65,000,000, to remain available 
until expended.


                   construction of research facilities


    For construction of new research facilities, including architectural 
and engineering design, and for renovation and maintenance of existing 
facilities, not otherwise provided for the National Institute of 
Standards and Technology, as authorized by 15 U.S.C. 278c-278e, 
$172,000,000, to remain available until expended, of which $30,000,000 
is for a competitive construction grant program for research science 
buildings: Provided, That within the amounts appropriated, $44,000,000 
shall be used for the projects, and in the amounts, specified in the 
explanatory statement described in section 4 (in the matter preceding 
division A of this consolidated Act): <<NOTE: Budget estimate. 15 USC 
15136 note.>>  Provided further, That the Secretary of Commerce shall 
include

[[Page 123 STAT. 565]]

in the budget justification materials that the Secretary submits to 
Congress in support of the Department of Commerce budget (as submitted 
with the budget of the President under section 1105(a) of title 31, 
United States Code) an estimate for each National Institute of Standards 
and Technology construction project having a total multi-year program 
cost of more than $5,000,000 and simultaneously the budget justification 
materials shall include an estimate of the budgetary requirements for 
each such project for each of the five subsequent fiscal years.

             National Oceanic and Atmospheric Administration


                  operations, research, and facilities


                     (including transfers of funds)


    For necessary expenses of activities authorized by law for the 
National Oceanic and Atmospheric Administration, including maintenance, 
operation, and hire of aircraft and vessels; grants, contracts, or other 
payments to nonprofit organizations for the purposes of conducting 
activities pursuant to cooperative agreements; and relocation of 
facilities, $3,045,549,000, to remain available until September 30, 
2010, except for funds provided for cooperative enforcement, which shall 
remain available until September 30, 2011: Provided, That fees and 
donations received by the National Ocean Service for the management of 
national marine sanctuaries may be retained and used for the salaries 
and expenses associated with those activities, notwithstanding 31 U.S.C. 
3302: Provided further, That in addition, $3,000,000 shall be derived by 
transfer from the fund entitled ``Coastal Zone Management'' and in 
addition $79,000,000 shall be derived by transfer from the fund entitled 
``Promote and Develop Fishery Products and Research Pertaining to 
American Fisheries'': Provided further, That of the $3,133,549,000 
provided for in direct obligations under this heading $3,045,549,000 is 
appropriated from the general fund, $82,000,000 is provided by transfer, 
and $6,000,000 is derived from recoveries of prior year obligations: 
Provided further, That the total amount available for the National 
Oceanic and Atmospheric Administration corporate services administrative 
support costs shall not exceed $226,809,000: Provided further, That 
payments of funds made available under this heading to the Department of 
Commerce Working Capital Fund including Department of Commerce General 
Counsel legal services shall not exceed $36,583,000: Provided further, 
That within the amounts appropriated, $129,970,000 shall be used for the 
projects, and in the amounts, specified in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act): Provided further, That any deviation from the amounts 
designated for specific activities in the report accompanying this Act, 
or any use of deobligated balances of funds provided under this heading 
in previous years, shall be subject to the procedures set forth in 
section 505 of this Act: <<NOTE: Grants.>>  Provided further, That in 
allocating grants under sections 306 and 306A of the Coastal Zone 
Management Act of 1972, as amended, no coastal State shall receive more 
than 5 percent or less than 1 percent of increased funds appropriated 
over the previous fiscal year: <<NOTE: Authorized positions.>>  Provided 
further, That the number of authorized officers in the NOAA Commissioned 
Officer Corps shall remain at 321 until such time as section 6 of Public 
Law 110-386 takes effect.

[[Page 123 STAT. 566]]

    In addition, for necessary retired pay expenses under the Retired 
Serviceman's Family Protection and Survivor Benefits Plan, and for 
payments for the medical care of retired personnel and their dependents 
under the Dependents Medical Care Act (10 U.S.C. 55), such sums as may 
be necessary.


                procurement, acquisition and construction


    For procurement, acquisition and construction of capital assets, 
including alteration and modification costs, of the National Oceanic and 
Atmospheric Administration, $1,243,647,000, to remain available until 
September 30, 2011, except funds provided for construction of facilities 
which shall remain available until expended: Provided, That of the 
$1,245,647,000 provided for in direct obligations under this heading 
$1,243,647,000 is appropriated from the general fund and $2,000,000 is 
provided from recoveries of prior year obligations: Provided further, 
That of the amounts provided for the National Polar-orbiting Operational 
Environmental Satellite System, funds shall only be made available on a 
dollar-for-dollar matching basis with funds provided for the same 
purpose by the Department of Defense: Provided further, That except to 
the extent expressly prohibited by any other law, the Department of 
Defense may delegate procurement functions related to the National 
Polar-orbiting Operational Environmental Satellite System to officials 
of the Department of Commerce pursuant to section 2311 of title 10, 
United States Code: Provided further, That any deviation from the 
amounts designated for specific activities in the report accompanying 
this Act, or any use of deobligated balances of funds provided under 
this heading in previous years, shall be subject to the procedures set 
forth in section 505 of this Act: Provided further, That within the 
amounts appropriated, $29,610,000 shall be used for the projects, and in 
the amounts, specified in the explanatory statement described in section 
4 (in the matter preceding division A of this consolidated Act).


                     pacific coastal salmon recovery


    For necessary expenses associated with the restoration of Pacific 
salmon populations, $80,000,000, to remain available until September 30, 
2010: Provided, That of the funds provided herein the Secretary of 
Commerce may issue grants to the States of Washington, Oregon, Idaho, 
Nevada, California, and Alaska, and Federally-recognized tribes of the 
Columbia River and Pacific Coast for projects necessary for restoration 
of salmon and steelhead populations that are listed as threatened or 
endangered, or identified by a State as at-risk to be so-listed, for 
maintaining populations necessary for exercise of tribal treaty fishing 
rights or native subsistence fishing, or for conservation of Pacific 
coastal salmon and steelhead habitat, based on guidelines to be 
developed by the Secretary of Commerce: Provided further, That funds 
disbursed to States shall be subject to a matching requirement of funds 
or documented in-kind contributions of at least 33 percent of the 
Federal funds.

[[Page 123 STAT. 567]]

                      coastal zone management fund


                      (including transfer of funds)


    Of amounts collected pursuant to section 308 of the Coastal Zone 
Management Act of 1972 (16 U.S.C. 1456a), not to exceed $3,000,000 shall 
be transferred to the ``Operations, Research, and Facilities'' account 
to offset the costs of implementing such Act.


                    fisheries finance program account


    Subject to section 502 of the Congressional Budget Act of 1974, 
during fiscal year 2009, obligations of direct loans may not exceed 
$8,000,000 for Individual Fishing Quota loans and not to exceed 
$59,000,000 for traditional direct loans as authorized by the Merchant 
Marine Act of 1936: Provided, That none of the funds made available 
under this heading may be used for direct loans for any new fishing 
vessel that will increase the harvesting capacity in any United States 
fishery.

                         Departmental Management


                          salaries and expenses


    For expenses necessary for the departmental management of the 
Department of Commerce provided for by law, including not to exceed 
$5,000 for official entertainment, $53,000,000: Provided, 
That <<NOTE: Deadline. Reports.>>  the Secretary, within 120 days of 
enactment of this Act, shall provide a report to the Committees on 
Appropriations that audits and evaluates all decision documents and 
expenditures by the Bureau of the Census as they relate to the 2010 
Census: Provided further, That <<NOTE: Certification.>>  of the amounts 
provided to the Secretary within this account, $5,000,000 shall not 
become available for obligation until the Secretary certifies to the 
Committees on Appropriations that the Bureau of the Census has followed 
and met all standards and best practices, and all Office of Management 
and Budget guidelines related to information technology projects and 
contract management.


         herbert c. hoover building renovation and modernization


    For expenses necessary, including blast windows, for the renovation 
and modernization of the Herbert C. Hoover Building, $5,000,000, to 
remain available until expended.


                       office of inspector general


    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978 (5 
U.S.C. App.), $25,800,000.

               General Provisions--Department of Commerce


                      (including transfer of funds)


    Sec. 101.  During the current fiscal year, applicable appropriations 
and funds made available to the Department of Commerce by this Act shall 
be available for the activities specified in the Act of October 26, 1949 
(15 U.S.C. 1514), to the extent and in the manner prescribed by the Act, 
and, notwithstanding 31 U.S.C.

[[Page 123 STAT. 568]]

3324, may be used for advanced payments not otherwise authorized only 
upon the certification of officials designated by the Secretary of 
Commerce that such payments are in the public interest.
    Sec. 102.  During the current fiscal year, appropriations made 
available to the Department of Commerce by this Act for salaries and 
expenses shall be available for hire of passenger motor vehicles as 
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law 
(5 U.S.C. 5901-5902).
    Sec. 103.  Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Commerce in 
this Act may be transferred between such appropriations, but no such 
appropriation shall be increased by more than 10 percent by any such 
transfers: Provided, That any transfer pursuant to this section shall be 
treated as a reprogramming of funds under section 505 of this Act and 
shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section: Provided 
further, That <<NOTE: Notification. Deadline.>>  the Secretary of 
Commerce shall notify the Committees on Appropriations at least 15 days 
in advance of the acquisition or disposal of any capital asset 
(including land, structures, and equipment) not specifically provided 
for in this Act or any other law appropriating funds for the Department 
of Commerce: Provided further, That for the National Oceanic and 
Atmospheric Administration this section shall provide for transfers 
among appropriations made only to the National Oceanic and Atmospheric 
Administration and such appropriations may not be transferred and 
reprogrammed to other Department of Commerce bureaus and appropriation 
accounts.

    Sec. 104.  Any costs incurred by a department or agency funded under 
this title resulting from personnel actions taken in response to funding 
reductions included in this title or from actions taken for the care and 
protection of loan collateral or grant property shall be absorbed within 
the total budgetary resources available to such department or agency: 
Provided, That the authority to transfer funds between appropriations 
accounts as may be necessary to carry out this section is provided in 
addition to authorities included elsewhere in this Act: Provided 
further, That use of funds to carry out this section shall be treated as 
a reprogramming of funds under section 505 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section.
    Sec. 105. Hereafter, notwithstanding any other provision of law, no 
funds appropriated under this Act or any other Act shall be used to 
register, issue, transfer, or enforce any trademark of the phrase ``Last 
Best Place''.
    Sec. 106. <<NOTE: Regulations. Diving. 33 USC 878b.>>  Hereafter, 
the Secretary of Commerce is permitted to prescribe and enforce 
standards or regulations affecting safety and health in the context of 
scientific and occupational diving within the National Oceanic and 
Atmospheric Administration.

    Sec. 107. <<NOTE: Incorporation by reference. 33 USC 878a note.>>  
The requirements set forth by section 112 of division B of Public Law 
110-161 are hereby adopted by reference.

    Sec. 108.  Notwithstanding any other law, the Secretary may furnish 
services (including but not limited to utilities, telecommunications, 
and security services) necessary to support the operation, maintenance, 
and improvement of space that persons, firms or organizations are 
authorized pursuant to the Public Buildings Cooperative Use Act of 1976 
or other authority to use or occupy

[[Page 123 STAT. 569]]

in the Herbert C. Hoover Building, Washington, D.C., or other buildings, 
the maintenance, operation, and protection of which has been delegated 
to the Secretary from the Administrator of General Services pursuant to 
the Federal Property and Administrative Services Act of 1949, as 
amended, on a reimbursable or non-reimbursable basis. Amounts received 
as reimbursement for services provided under this section or the 
authority under which the use or occupancy of the space is authorized, 
up to $200,000, shall be credited to the appropriation or fund which 
initially bears the costs of such services.
    Sec. 109. The amounts made available under section 213 of Public Law 
108-199 for a New England lobster fishing capacity reduction program 
shall be available for transfer by the National Oceanic and Atmospheric 
Administration from the Fisheries Finance Program Account to the 
Operations, Research, and Facilities appropriation, to remain available 
until expended, for the Southern New England Cooperative Research 
Initiative for cooperative research, marine debris removal, and gear 
modification for conservation in Rhode Island.
    Sec. 110. Section (d)(2)(A) of title 16 U.S.C. 3645 is amended by 
inserting ``Nevada,'' after ``Idaho,''.
    Sec. 111. <<NOTE: President.>>  With the consent of the President, 
the Secretary of Commerce shall represent the United States Government 
in negotiating and monitoring international agreements regarding 
fisheries, marine mammals, or sea turtles: Provided, That the Secretary 
of Commerce shall be responsible for the development and 
interdepartmental coordination of the policies of the United States with 
respect to the international negotiations and agreements referred to in 
this section.

     This title may be cited as the ``Department of Commerce 
Appropriations Act, 2009''.

TITLE II <<NOTE: Department of Justice Appropriations Act, 2009.>> 

                          DEPARTMENT OF JUSTICE

                         General Administration


                          salaries and expenses


    For expenses necessary for the administration of the Department of 
Justice, $105,805,000, of which not to exceed $4,000,000 for security 
and construction of Department of Justice facilities shall remain 
available until expended: Provided, That the Attorney General is 
authorized to transfer funds appropriated within General Administration 
to any office in this account: Provided further, That $13,213,000 is for 
Department Leadership; $7,834,000 is for Intergovernmental Relations/
External Affairs; $12,254,000 is for Executive Support/Professional 
Responsibility; and $72,504,000 is for the Justice Management Division: 
Provided further, That any change in amounts specified in the preceding 
proviso greater than 5 percent shall be submitted for approval to the 
House and Senate Committees on Appropriations consistent with the terms 
of section 505 of this Act: Provided further, That this transfer 
authority is in addition to transfers authorized under section 505 of 
this Act.

[[Page 123 STAT. 570]]

                 justice information sharing technology


    For necessary expenses for information sharing technology, including 
planning, development, deployment and departmental direction, 
$80,000,000, to remain available until expended, of which $7,132,000 is 
for the unified financial management system.


            tactical law enforcement wireless communications


    For the costs of developing and implementing a nation-wide 
Integrated Wireless Network supporting Federal law enforcement, and for 
the costs of operations and maintenance of existing Land Mobile Radio 
legacy systems, $185,000,000, to remain available until expended: 
Provided, That the Attorney General shall transfer to this account all 
funds made available to the Department of Justice for the purchase of 
portable and mobile radios: Provided further, That any transfer made 
under the preceding proviso shall be subject to section 505 of this Act.


                    Administrative Review and Appeals


    For expenses necessary for the administration of pardon and clemency 
petitions and immigration-related activities, $270,000,000, of which 
$4,000,000 shall be derived by transfer from the Executive Office for 
Immigration Review fees deposited in the ``Immigration Examinations 
Fee'' account.


                            detention trustee


    For necessary expenses of the Federal Detention Trustee, 
$1,295,319,000, to remain available until expended: Provided, That the 
Trustee shall be responsible for managing the Justice Prisoner and Alien 
Transportation System: Provided further, That not to exceed $5,000,000 
shall be considered ``funds appropriated for State and local law 
enforcement assistance'' pursuant to 18 U.S.C. 4013(b).


                       Office of Inspector General


    For necessary expenses of the Office of Inspector General, 
$75,681,000, including not to exceed $10,000 to meet unforeseen 
emergencies of a confidential character.

                     United States Parole Commission


                          salaries and expenses


    For necessary expenses of the United States Parole Commission as 
authorized, $12,570,000.

                            Legal Activities


             salaries and expenses, general legal activities


                      (including transfer of funds)


    For expenses necessary for the legal activities of the Department of 
Justice, not otherwise provided for, including not to exceed $20,000 for 
expenses of collecting evidence, to be expended under the direction of, 
and to be accounted for solely under the certificate

[[Page 123 STAT. 571]]

of, the Attorney General; and rent of private or Government-owned space 
in the District of Columbia, $804,007,000, of which not to exceed 
$10,000,000 for litigation support contracts shall remain available 
until expended: Provided, That of the total amount appropriated, not to 
exceed $10,000 shall be available to the United States National Central 
Bureau, INTERPOL, for official reception and representation expenses: 
Provided further, That notwithstanding section 205 of this Act, upon a 
determination by the Attorney General that emergent circumstances 
require additional funding for litigation activities of the Civil 
Division, the Attorney General may transfer such amounts to ``Salaries 
and Expenses, General Legal Activities'' from available appropriations 
for the current fiscal year for the Department of Justice, as may be 
necessary to respond to such circumstances: Provided further, That any 
transfer pursuant to the previous proviso shall be treated as a 
reprogramming under section 505 of this Act and shall not be available 
for obligation or expenditure except in compliance with the procedures 
set forth in that section: Provided further, That of the amount 
appropriated, such sums as may be necessary shall be available to 
reimburse the Office of Personnel Management for salaries and expenses 
associated with the Federal observer program under section 8 of the 
Voting Rights Act of 1965 (42 U.S.C. 1973f): Provided further, That of 
the amounts provided under this heading for the Federal observer program 
$3,390,000 shall remain available until expended, of which $1,090,000, 
previously transferred to the Department of Justice by the Office of 
Personnel Management under section 126 of division A of Public Law 110-
329, shall be transferred back to the Office of Personnel Management by 
the Department of Justice.
    In addition, for reimbursement of expenses of the Department of 
Justice associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986, not to exceed $7,833,000, to be appropriated 
from the Vaccine Injury Compensation Trust Fund.


                salaries and expenses, antitrust division


    For expenses necessary for the enforcement of antitrust and kindred 
laws, $157,788,000, to remain available until expended: Provided, That 
notwithstanding any other provision of law, fees collected for premerger 
notification filings under the Hart-Scott-Rodino Antitrust Improvements 
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection (and 
estimated to be $157,788,000 in fiscal year 2009), shall be retained and 
used for necessary expenses in this appropriation, and shall remain 
available until expended: Provided further, That the sum herein 
appropriated from the general fund shall be reduced as such offsetting 
collections are received during fiscal year 2009, so as to result in a 
final fiscal year 2009 appropriation from the general fund estimated at 
$0.


             salaries and expenses, united states attorneys


    For necessary expenses of the Offices of the United States 
Attorneys, including inter-governmental and cooperative agreements, 
$1,836,336,000: Provided, That of the total amount appropriated, not to 
exceed $8,000 shall be available for official reception and 
representation expenses: Provided further, That not to exceed

[[Page 123 STAT. 572]]

$25,000,000 shall remain available until expended: Provided further, 
That of the amount provided under this heading, not less than 
$33,600,000 shall be used for salaries and expenses for assistant U.S. 
Attorneys to carry out section 704 of the Adam Walsh Child Protection 
and Safety Act of 2006 (Public Law 109-248) concerning the prosecution 
of offenses relating to the sexual exploitation of children.


                    united states trustee system fund


    For necessary expenses of the United States Trustee Program, as 
authorized, $217,416,000, to remain available until expended and to be 
derived from the United States Trustee System Fund: Provided, That 
notwithstanding any other provision of law, deposits to the Fund shall 
be available in such amounts as may be necessary to pay refunds due 
depositors: Provided further, That, notwithstanding any other provision 
of law, $160,000,000 of offsetting collections pursuant to 28 U.S.C. 
589a(b) shall be retained and used for necessary expenses in this 
appropriation and shall remain available until expended: Provided 
further, That the sum herein appropriated from the Fund shall be reduced 
as such offsetting collections are received during fiscal year 2009, so 
as to result in a final fiscal year 2009 appropriation from the Fund 
estimated at $52,416,000.


       salaries and expenses, foreign claims settlement commission


    For expenses necessary to carry out the activities of the Foreign 
Claims Settlement Commission, including services as authorized by 
section 3109 of title 5, United States Code, $1,823,000.


                     fees and expenses of witnesses


    For fees and expenses of witnesses, for expenses of contracts for 
the procurement and supervision of expert witnesses, for private counsel 
expenses, including advances, and for expenses of foreign counsel, 
$168,300,000, to remain available until expended: Provided, That not to 
exceed $10,000,000 may be made available for construction of buildings 
for protected witness safesites: Provided further, That not to exceed 
$3,000,000 may be made available for the purchase and maintenance of 
armored and other vehicles for witness security caravans: Provided 
further, That not to exceed $9,000,000 may be made available for the 
purchase, installation, maintenance, and upgrade of secure 
telecommunications equipment and a secure automated information network 
to store and retrieve the identities and locations of protected 
witnesses.


           salaries and expenses, community relations service


    For necessary expenses of the Community Relations Service, 
$9,873,000: Provided, That notwithstanding section 205 of this Act, upon 
a determination by the Attorney General that emergent circumstances 
require additional funding for conflict resolution and violence 
prevention activities of the Community Relations Service, the Attorney 
General may transfer such amounts to the Community Relations Service, 
from available appropriations for the current fiscal year for the 
Department of Justice, as may be necessary to respond to such 
circumstances: Provided further, That any transfer pursuant to the 
preceding proviso shall be treated as

[[Page 123 STAT. 573]]

a reprogramming under section 505 of this Act and shall not be available 
for obligation or expenditure except in compliance with the procedures 
set forth in that section.


                         assets forfeiture fund


    For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and (G), 
$20,990,000, to be derived from the Department of Justice Assets 
Forfeiture Fund.

                     United States Marshals Service


                          salaries and expenses


    For necessary expenses of the United States Marshals Service, 
$950,000,000; of which not to exceed $30,000 shall be available for 
official reception and representation expenses; of which not to exceed 
$4,000,000 shall remain available until expended for information 
technology systems; and of which not less than $12,625,000 shall be 
available for the costs of courthouse security equipment, including 
furnishings, relocations, and telephone systems and cabling, and shall 
remain available until expended.


                              construction


    For construction in space controlled, occupied or utilized by the 
United States Marshals Service for prisoner holding and related support, 
$4,000,000, to remain available until expended.

                       National Security Division


                          salaries and expenses


    For expenses necessary to carry out the activities of the National 
Security Division, $83,789,000; of which not to exceed $5,000,000 for 
information technology systems shall remain available until expended: 
Provided, That notwithstanding section 205 of this Act, upon a 
determination by the Attorney General that emergent circumstances 
require additional funding for the activities of the National Security 
Division, the Attorney General may transfer such amounts to this heading 
from available appropriations for the current fiscal year for the 
Department of Justice, as may be necessary to respond to such 
circumstances: Provided further, That any transfer pursuant to the 
preceding proviso shall be treated as a reprogramming under section 505 
of this Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that section.

                       Interagency Law Enforcement


                 interagency crime and drug enforcement


    For necessary expenses for the identification, investigation, and 
prosecution of individuals associated with the most significant drug 
trafficking and affiliated money laundering organizations not otherwise 
provided for, to include inter-governmental agreements with State and 
local law enforcement agencies engaged in the investigation and 
prosecution of individuals involved in organized crime drug trafficking, 
$515,000,000, of which $50,000,000 shall remain

[[Page 123 STAT. 574]]

available until expended: Provided, That any amounts obligated from 
appropriations under this heading may be used under authorities 
available to the organizations reimbursed from this appropriation.

                     Federal Bureau of Investigation


                          salaries and expenses


    For necessary expenses of the Federal Bureau of Investigation for 
detection, investigation, and prosecution of crimes against the United 
States; $7,065,100,000; of which not to exceed $150,000,000 shall remain 
available until expended: Provided, That not to exceed $205,000 shall be 
available for official reception and representation expenses.


                              construction


    For necessary expenses to construct or acquire buildings and sites 
by purchase, or as otherwise authorized by law (including equipment for 
such buildings); conversion and extension of federally-owned buildings; 
and preliminary planning and design of projects; $153,491,000, to remain 
available until expended.

                     Drug Enforcement Administration


                          salaries and expenses


    For necessary expenses of the Drug Enforcement Administration, 
including not to exceed $70,000 to meet unforeseen emergencies of a 
confidential character pursuant to 28 U.S.C. 530C; and expenses for 
conducting drug education and training programs, including travel and 
related expenses for participants in such programs and the distribution 
of items of token value that promote the goals of such programs, 
$1,939,084,000; of which not to exceed $75,000,000 shall remain 
available until expended; and of which not to exceed $100,000 shall be 
available for official reception and representation expenses.

           Bureau of Alcohol, Tobacco, Firearms and Explosives


                          salaries and expenses


    For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms 
and Explosives, not to exceed $40,000 for official reception and 
representation expenses; for training of State and local law enforcement 
agencies with or without reimbursement, including training in connection 
with the training and acquisition of canines for explosives and fire 
accelerants detection; and for provision of laboratory assistance to 
State and local law enforcement agencies, with or without reimbursement, 
$1,054,215,000, of which not to exceed $1,000,000 shall be available for 
the payment of attorneys' fees as provided by section 924(d)(2) of title 
18, United States Code; and of which $10,000,000 shall remain available 
until expended: Provided, That no funds appropriated herein shall be 
available for salaries or administrative expenses in connection with 
consolidating or centralizing, within the Department of Justice, the 
records, or any portion thereof, of acquisition and disposition of 
firearms maintained by Federal firearms licensees: Provided

[[Page 123 STAT. 575]]

further, That no funds appropriated herein shall be used to pay 
administrative expenses or the compensation of any officer or employee 
of the United States to implement an amendment or amendments to 27 CFR 
478.118 or to change the definition of ``Curios or relics'' in 27 CFR 
478.11 or remove any item from ATF Publication 5300.11 as it existed on 
January 1, 1994: Provided further, That none of the funds appropriated 
herein shall be available to investigate or act upon applications for 
relief from Federal firearms disabilities under 18 U.S.C. 925(c): 
Provided further, That such funds shall be available to investigate and 
act upon applications filed by corporations for relief from Federal 
firearms disabilities under section 925(c) of title 18, United States 
Code: Provided further, That no funds made available by this or any 
other Act may be used to transfer the functions, missions, or activities 
of the Bureau of Alcohol, Tobacco, Firearms and Explosives to other 
agencies or Departments in fiscal year 2009: <<NOTE: Effective 
date. Firearms data. 18 USC 923 note.>>  Provided further, That, 
beginning in fiscal year 2009 and thereafter, no funds appropriated 
under this or any other Act may be used to disclose part or all of the 
contents of the Firearms Trace System database maintained by the 
National Trace Center of the Bureau of Alcohol, Tobacco, Firearms and 
Explosives or any information required to be kept by licensees pursuant 
to section 923(g) of title 18, United States Code, or required to be 
reported pursuant to paragraphs (3) and (7) of such section 923(g), 
except to: (1) a Federal, State, local, tribal, or foreign law 
enforcement agency, or a Federal, State, or local prosecutor, solely in 
connection with and for use in a criminal investigation or prosecution; 
or (2) a Federal agency for a national security or intelligence purpose; 
and all such data shall be immune from legal process, shall not be 
subject to subpoena or other discovery, shall be inadmissible in 
evidence, and shall not be used, relied on, or disclosed in any manner, 
nor shall testimony or other evidence be permitted based on the data, in 
a civil action in any State (including the District of Columbia) or 
Federal court or in an administrative proceeding other than a proceeding 
commenced by the Bureau of Alcohol, Tobacco, Firearms and Explosives to 
enforce the provisions of chapter 44 of such title, or a review of such 
an action or proceeding; except that this proviso shall not be construed 
to prevent: (A) the disclosure of statistical information concerning 
total production, importation, and exportation by each licensed importer 
(as defined in section 921(a)(9) of such title) and licensed 
manufacturer (as defined in section 921(a)(10) of such title); (B) the 
sharing or exchange of such information among and between Federal, 
State, local, or foreign law enforcement agencies, Federal, State, or 
local prosecutors, and Federal national security, intelligence, or 
counterterrorism officials; or (C) the publication of annual statistical 
reports on products regulated by the Bureau of Alcohol, Tobacco, 
Firearms and Explosives, including total production, importation, and 
exportation by each licensed importer (as so defined) and licensed 
manufacturer (as so defined), or statistical aggregate data regarding 
firearms traffickers and trafficking channels, or firearms misuse, 
felons, and trafficking investigations: Provided further, That no funds 
made available by this or any other Act shall be expended to promulgate 
or implement any rule requiring a physical inventory of any business 
licensed under section 923 of title 18, United States Code: Provided 
further, That no funds under this Act may be used to electronically 
retrieve information gathered pursuant to 18 U.S.C.

[[Page 123 STAT. 576]]

923(g)(4) by name or any personal identification code: Provided further, 
That no funds authorized or made available under this or any other Act 
may be used to deny any application for a license under section 923 of 
title 18, United States Code, or renewal of such a license due to a lack 
of business activity, provided that the applicant is otherwise eligible 
to receive such a license, and is eligible to report business income or 
to claim an income tax deduction for business expenses under the 
Internal Revenue Code of 1986.

                          Federal Prison System


                          salaries and expenses


    For necessary expenses of the Federal Prison System for the 
administration, operation, and maintenance of Federal penal and 
correctional institutions, including purchase (not to exceed 810, of 
which 766 are for replacement only) and hire of law enforcement and 
passenger motor vehicles, and for the provision of technical assistance 
and advice on corrections related issues to foreign governments, 
$5,595,754,000: <<NOTE: 42 USC 250a.>>  Provided, That the Attorney 
General may transfer to the Health Resources and Services Administration 
such amounts as may be necessary for direct expenditures by that 
Administration for medical relief for inmates of Federal penal and 
correctional institutions: Provided further, That the Director of the 
Federal Prison System, where necessary, may enter into contracts with a 
fiscal agent or fiscal intermediary claims processor to determine the 
amounts payable to persons who, on behalf of the Federal Prison System, 
furnish health services to individuals committed to the custody of the 
Federal Prison System: Provided further, That not to exceed $6,000 shall 
be available for official reception and representation expenses: 
Provided further, That not to exceed $50,000,000 shall remain available 
for necessary operations until September 30, 2010: Provided further, 
That, of the amounts provided for contract confinement, not to exceed 
$20,000,000 shall remain available until expended to make payments in 
advance for grants, contracts and reimbursable agreements, and other 
expenses authorized by section 501(c) of the Refugee Education 
Assistance Act of 1980 (8 U.S.C. 1522 note), for the care and security 
in the United States of Cuban and Haitian entrants: Provided further, 
That the Director of the Federal Prison System may accept donated 
property and services relating to the operation of the prison card 
program from a not-for-profit entity which has operated such program in 
the past notwithstanding the fact that such not-for-profit entity 
furnishes services under contracts to the Federal Prison System relating 
to the operation of pre-release services, halfway houses, or other 
custodial facilities.


                        buildings and facilities


    For planning, acquisition of sites and construction of new 
facilities; purchase and acquisition of facilities and remodeling, and 
equipping of such facilities for penal and correctional use, including 
all necessary expenses incident thereto, by contract or force account; 
and constructing, remodeling, and equipping necessary buildings and 
facilities at existing penal and correctional institutions, including 
all necessary expenses incident thereto, by contract or force account, 
$575,807,000, to remain available until expended,

[[Page 123 STAT. 577]]

of which not less than $110,627,000 shall be available only for 
modernization, maintenance and repair, and of which not to exceed 
$14,000,000 shall be available to construct areas for inmate work 
programs: Provided, That labor of United States prisoners may be used 
for work performed under this appropriation.


                 federal prison industries, incorporated


    The Federal Prison Industries, Incorporated, is hereby authorized to 
make such expenditures, within the limits of funds and borrowing 
authority available, and in accord with the law, and to make such 
contracts and commitments, without regard to fiscal year limitations as 
provided by section 9104 of title 31, United States Code, as may be 
necessary in carrying out the program set forth in the budget for the 
current fiscal year for such corporation, including purchase (not to 
exceed five for replacement only) and hire of passenger motor vehicles.


   limitation on administrative expenses, federal prison industries, 
                              incorporated


    Not to exceed $2,328,000 of the funds of the Federal Prison 
Industries, Incorporated shall be available for its administrative 
expenses, and for services as authorized by section 3109 of title 5, 
United States Code, to be computed on an accrual basis to be determined 
in accordance with the corporation's current prescribed accounting 
system, and such amounts shall be exclusive of depreciation, payment of 
claims, and expenditures which such accounting system requires to be 
capitalized or charged to cost of commodities acquired or produced, 
including selling and shipping expenses, and expenses in connection with 
acquisition, construction, operation, maintenance, improvement, 
protection, or disposition of facilities and other property belonging to 
the corporation or in which it has an interest.

               State and Local Law Enforcement Activities

                    Office on Violence Against Women


       violence against women prevention and prosecution programs


    For grants, contracts, cooperative agreements, and other assistance 
for the prevention and prosecution of violence against women, as 
authorized by the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3711 et seq.) (``the 1968 Act''); the Violent Crime Control and 
Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994 Act''); the 
Victims of Child Abuse Act of 1990 (Public Law 101-647) (``the 1990 
Act''); the Prosecutorial Remedies and Other Tools to end the 
Exploitation of Children Today Act of 2003 (Public Law 108-21); the 
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 
et seq.) (``the 1974 Act''); the Victims of Trafficking and Violence 
Protection Act of 2000 (Public Law 106-386) (``the 2000 Act''); and the 
Violence Against Women and Department of Justice Reauthorization Act of 
2005 (Public Law 109-162) (``the 2005 Act''); and for related victims 
services, $415,000,000, to remain available until expended: Provided, 
That except as otherwise provided by law, not to exceed 3 percent of 
funds made available under this heading may be

[[Page 123 STAT. 578]]

used for expenses related to evaluation, training, and technical 
assistance: Provided further, That of the amount provided (which shall 
be by transfer, for programs administered by the Office of Justice 
Programs)--
            (1) $15,000,000 for the court-appointed special advocate 
        program, as authorized by section 217 of the 1990 Act;
            (2) $2,500,000 for child abuse training programs for 
        judicial personnel and practitioners, as authorized by section 
        222 of the 1990 Act;
            (3) $190,000,000 for grants to combat violence against 
        women, as authorized by part T of the 1968 Act, of which--
                    (A) $18,000,000 shall be for transitional housing 
                assistance grants for victims of domestic violence, 
                stalking or sexual assault as authorized by section 
                40299 of the 1994 Act; and
                    (B) $1,880,000 shall be for the National Institute 
                of Justice for research and evaluation of violence 
                against women and related issues addressed by grant 
                programs of the Office on Violence Against Women;
            (4) $60,000,000 for grants to encourage arrest policies as 
        authorized by part U of the 1968 Act;
            (5) $12,000,000 for sexual assault victims assistance, as 
        authorized by section 41601 of the 1994 Act;
            (6) $41,000,000 for rural domestic violence and child abuse 
        enforcement assistance grants, as authorized by section 40295 of 
        the 1994 Act;
            (7) $3,500,000 for training programs as authorized by 
        section 40152 of the 1994 Act, and for related local 
        demonstration projects;
            (8) $3,000,000 for grants to improve the stalking and 
        domestic violence databases, as authorized by section 40602 of 
        the 1994 Act;
            (9) $9,500,000 for grants to reduce violent crimes against 
        women on campus, as authorized by section 304 of the 2005 Act;
            (10) $37,000,000 for legal assistance for victims, as 
        authorized by section 1201 of the 2000 Act;
            (11) $4,250,000 for enhanced training and services to end 
        violence against and abuse of women in later life, as authorized 
        by section 40802 of the 1994 Act;
            (12) $14,000,000 for the safe havens for children program, 
        as authorized by section 1301 of the 2000 Act;
            (13) $6,750,000 for education and training to end violence 
        against and abuse of women with disabilities, as authorized by 
        section 1402 of the 2000 Act;
            (14) $3,000,000 for an engaging men and youth in prevention 
        program, as authorized by section 41305 of the 1994 Act;
            (15) $1,000,000 for analysis and research on violence 
        against Indian women, as authorized by section 904 of the 2005 
        Act;
            (16) $1,000,000 for tracking of violence against Indian 
        women, as authorized by section 905 of the 2005 Act;
            (17) $3,500,000 for services to advocate and respond to 
        youth, as authorized by section 41201 of the 1994 Act;
            (18) $3,000,000 for grants to assist children and youth 
        exposed to violence, as authorized by section 41303 of the 1994 
        Act;

[[Page 123 STAT. 579]]

            (19) $3,000,000 for the court training and improvements 
        program, as authorized by section 41002 of the 1994 Act;
            (20) $1,000,000 for the National Resource Center on 
        Workplace Responses to assist victims of domestic violence, as 
        authorized by section 41501 of the 1994 Act; and
            (21) $1,000,000 for grants for televised testimony, as 
        authorized by part N of title I of the 1968 Act.

                       Office of Justice Programs


                           justice assistance


    For grants, contracts, cooperative agreements, and other assistance 
authorized by title I of the Omnibus Crime Control and Safe Streets Act 
of 1968; the Missing Children's Assistance Act (42 U.S.C. 5771 et seq.); 
the Prosecutorial Remedies and Other Tools to end the Exploitation of 
Children Today Act of 2003 (Public Law 108-21); the Justice for All Act 
of 2004 (Public Law 108-405); the Violence Against Women and Department 
of Justice Reauthorization Act of 2005 (Public Law 109-162); the Victims 
of Child Abuse Act of 1990 (Public Law 101-647); the Victims of Crime 
Act of 1984 (Public Law 98-473); the Adam Walsh Child Protection and 
Safety Act of 2006 (Public Law 109-248); the PROTECT Our Children Act of 
2008 (Public Law 110-401); subtitle D of title II of the Homeland 
Security Act of 2002 (Public Law 107-296), which may include research 
and development; and other programs (including the Statewide Automated 
Victim Notification Program); $220,000,000, to remain available until 
expended, of which:
            (1) $45,000,000 is for criminal justice statistics programs, 
        pursuant to part C of the 1968 Act, of which $26,000,000 is for 
        the National Crime Victimization Survey; and
            (2) $48,000,000 is for research, development, and evaluation 
        programs:

Provided, That section 1404(c)(3)(E)(i) of the Victims of Crime Act of 
1984, as amended (42 U.S.C. 10603) is amended after ``internships'' by 
inserting ``and for grants under subparagraphs (1)(A) and (B), pursuant 
to rules or guidelines that generally establish a publicly-announced, 
competitive process''.


               state and local law enforcement assistance


    For grants, contracts, cooperative agreements, and other assistance 
authorized by the Violent Crime Control and Law Enforcement Act of 1994 
(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and 
Safe Streets Act of 1968 (``the 1968 Act''); the Justice for All Act of 
2004 (Public Law 108-405); the Victims of Child Abuse Act of 1990 
(Public Law 101-647) (``the 1990 Act''); the Trafficking Victims 
Protection Reauthorization Act of 2005 (Public Law 109-164); the 
Violence Against Women and Department of Justice Reauthorization Act of 
2005 (Public Law 109-162); the Adam Walsh Child Protection and Safety 
Act of 2006 (Public Law 109-248); and the Victims of Trafficking and 
Violence Protection Act of 2000 (Public Law 106-386); and other 
programs; $1,328,500,000, to remain available until expended as follows:
            (1) $546,000,000 for the Edward Byrne Memorial Justice 
        Assistance Grant program as authorized by subpart 1 of part E of 
        title I of the 1968 Act, (except that section 1001(c), and

[[Page 123 STAT. 580]]

        the special rules for Puerto Rico under section 505(g), of the 
        1968 Act, shall not apply for purposes of this Act), of which 
        $5,000,000 is for use by the National Institute of Justice in 
        assisting units of local government to identify, select, 
        develop, modernize, and purchase new technologies for use by law 
        enforcement, $2,000,000 is for a program to improve State and 
        local law enforcement intelligence capabilities including 
        antiterrorism training and training to ensure that 
        constitutional rights, civil liberties, civil rights, and 
        privacy interests are protected throughout the intelligence 
        process, $7,000,000 is to reimburse State and local law 
        enforcement for security and related costs, including overtime, 
        associated with the extraordinary security required to protect 
        the President-elect during the Presidential transition period; 
        and $20,000,000 is to reimburse State and local governments for 
        extraordinary costs associated with the 2009 Presidential 
        Inauguration;
            (2) $400,000,000 for the State Criminal Alien Assistance 
        Program, as authorized by section 241(i)(5) of the Immigration 
        and Nationality Act (8 U.S.C. 1231(i)(5));
            (3) $31,000,000 for the Southwest Border Prosecutor 
        Initiative to reimburse State, county, parish, tribal, or 
        municipal governments for costs associated with the prosecution 
        of criminal cases declined by local offices of the United States 
        Attorneys;
            (4) $3,000,000 for the Northern Border Prosecutor Initiative 
        to reimburse State, county, parish, tribal or municipal 
        governments for the costs associated with the prosecution of 
        criminal cases declined by local offices of United States 
        Attorneys;
            (5) $178,500,000 for discretionary grants to improve the 
        functioning of the criminal justice system, to prevent or combat 
        juvenile delinquency, and to assist victims of crime (other than 
        compensation): Provided, That within the amounts appropriated, 
        $178,500,000 shall be used for the projects, and in the amounts 
        specified in the explanatory statement described in section 4 
        (in the matter preceding division A of this consolidated Act);
            (6) $30,000,000 for competitive grants to improve the 
        functioning of the criminal justice system, to prevent or combat 
        juvenile delinquency, and to assist victims of crime (other than 
        compensation);
            (7) $2,000,000 for the purposes described in the Missing 
        Alzheimer's Disease Patient Alert Program (section 240001 of the 
        1994 Act);
            (8) $10,000,000 for victim services programs for victims of 
        trafficking, as authorized by section 107(b)(2) of Public Law 
        106-386 and for programs authorized under Public Law 109-164;
            (9) $40,000,000 for Drug Courts, as authorized by section 
        1001(25)(A) of title I of the 1968 Act;
            (10) $7,000,000 for a prescription drug monitoring program;
            (11) $12,500,000 for prison rape prevention and prosecution 
        and other programs, as authorized by the Prison Rape Elimination 
        Act of 2003 (Public Law 108-79);
            (12) $10,000,000 for grants for Residential Substance Abuse 
        Treatment for State Prisoners, as authorized by part S of title 
        I of the 1968 Act;

[[Page 123 STAT. 581]]

            (13) $5,500,000 for the Capital Litigation Improvement Grant 
        Program, as authorized by section 426 of Public Law 108-405, and 
        for grants for wrongful prosecution review;
            (14) $10,000,000 for mental health courts and adult and 
        juvenile collaboration program grants, as authorized by parts V 
        and HH of title I of the 1968 Act, and the Mentally Ill Offender 
        Treatment and Crime Reduction Reauthorization and Improvement 
        Act of 2008 (Public Law 110-416);
            (15) $25,000,000 for assistance to Indian tribes, of which--
                    (A) $10,000,000 shall be available for grants under 
                section 20109 of subtitle A of title II of the 1994 Act;
                    (B) $9,000,000 shall be available for the Tribal 
                Courts Initiative; and
                    (C) $6,000,000 shall be available for tribal alcohol 
                and substance abuse reduction assistance grants; and
            (16) $18,000,000 for economic, high technology and Internet 
        crime prevention grants:

Provided, That, if a unit of local government uses any of the funds made 
available under this heading to increase the number of law enforcement 
officers, the unit of local government will achieve a net gain in the 
number of law enforcement officers who perform nonadministrative public 
safety service.


                       weed and seed program fund


    For necessary expenses, including salaries and related expenses of 
the Office of Weed and Seed Strategies, $25,000,000, to remain available 
until expended, as authorized by section 103 of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968.


                        juvenile justice programs


    For grants, contracts, cooperative agreements, and other assistance 
authorized by the Juvenile Justice and Delinquency Prevention Act of 
1974 (``the 1974 Act''), the Omnibus Crime Control and Safe Streets Act 
of 1968 (``the 1968 Act''), the Violence Against Women and Department of 
Justice Reauthorization Act of 2005 (Public Law 109-162), the Missing 
Children's Assistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial 
Remedies and Other Tools to end the Exploitation of Children Today Act 
of 2003 (Public Law 108-21); the Victims of Child Abuse Act of 1990 
(Public Law 101-647); the Adam Walsh Child Protection and Safety Act of 
2006 (Public Law 109-248); the PROTECT Our Children Act of 2008 (Public 
Law 110-401), and other juvenile justice programs, $374,000,000, to 
remain available until expended as follows:
            (1) $75,000,000 for programs authorized by section 221 of 
        the 1974 Act, and for training and technical assistance to 
        assist small, non-profit organizations with the Federal grants 
        process;
            (2) $82,000,000 for grants and projects, as authorized by 
        sections 261 and 262 of the 1974 Act: Provided, That within the 
        amounts appropriated, $82,000,000 shall be used for the 
        projects, and in the amounts, specified in the explanatory 
        statement described in section 4 (in the matter preceding 
        division A of this consolidated Act);
            (3) $80,000,000 for youth mentoring grants;

[[Page 123 STAT. 582]]

            (4) $62,000,000 for delinquency prevention, as authorized by 
        section 505 of the 1974 Act, of which, pursuant to sections 261 
        and 262 thereof--
                    (A) $25,000,000 shall be for the Tribal Youth 
                Program;
                    (B) $10,000,000 shall be for a gang resistance 
                education and training program; and
                    (C) $25,000,000 shall be for grants of $360,000 to 
                each State and $4,840,000 shall be available for 
                discretionary grants, for programs and activities to 
                enforce State laws prohibiting the sale of alcoholic 
                beverages to minors or the purchase or consumption of 
                alcoholic beverages by minors, for prevention and 
                reduction of consumption of alcoholic beverages by 
                minors, and for technical assistance and training;
            (5) $20,000,000 for programs authorized by the Victims of 
        Child Abuse Act of 1990; and
            (6) $55,000,000 for the Juvenile Accountability Block Grants 
        program as authorized by part R of title I of the 1968 Act and 
        Guam shall be considered a State:

Provided, That not more than 10 percent of each amount may be used for 
research, evaluation, and statistics activities designed to benefit the 
programs or activities authorized: Provided further, That not more than 
2 percent of each amount may be used for training and technical 
assistance: Provided further, That the previous two provisos shall not 
apply to grants and projects authorized by sections 261 and 262 of the 
1974 Act.


                     public safety officer benefits


    For payments and expenses authorized by part L of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796), 
such sums as are necessary, as authorized by section 6093 of Public Law 
100-690 (102 Stat. 4339-4340) (including amounts for administrative 
costs, which amounts shall be paid to the ``Salaries and Expenses'' 
account), to remain available until expended; and $5,000,000 for 
payments authorized by section 1201(b) of such Act; and $4,100,000 for 
educational assistance, as authorized by section 1212 of such Act.


                  community oriented policing services


    For activities authorized by the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322); the Omnibus Crime Control 
and Safe Streets Act of 1968 (``the 1968 Act''); the Violence Against 
Women and Department of Justice Reauthorization Act of 2005 (Public Law 
109-162); subtitle D of title II of the Homeland Security Act of 2002 
(Public Law 107-296), which may include research and development; and 
the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 
109-177); the Second Chance Act of 2007 (Public Law 110-199); the NICS 
Improvement Amendments Act of 2007 (Public Law 110-180); the Adam Walsh 
Child Protection and Safety Act of 2006 (Public Law 109-248) (the ``Adam 
Walsh Act''); and the Justice for All Act of 2004 (Public Law 108-405), 
$550,500,000, to remain available until expended: Provided, That any 
balances made available through prior year deobligations shall only be 
available in accordance with section 505 of this Act. Of the amount 
provided

[[Page 123 STAT. 583]]

(which shall be by transfer, for programs administered by the Office of 
Justice Programs)--
            (1) $25,000,000 is for the matching grant program for armor 
        vests for law enforcement officers, as authorized by section 
        2501 of title I of the 1968 Act: Provided, That $1,500,000 is 
        transferred directly to the National Institute of Standards and 
        Technology's Office of Law Enforcement Standards from the 
        Community Oriented Policing Services Office for research, 
        testing, and evaluation programs: Provided further, That section 
        2501(f) of part Y of title I of the 1968 Act (42 U.S.C. 
        3796ll(f)), is amended by inserting at the end the following:
            ``(3) Waiver.--The Director may waive in whole or in part, 
        the match requirement of paragraph (1) in the case of fiscal 
        hardship, as determined by the Director.'';
            (2) $39,500,000 is for grants to entities described in 
        section 1701 of title I of the 1968 Act, to address public 
        safety and methamphetamine manufacturing, sale, and use in hot 
        spots as authorized by section 754 of Public Law 109-177, and 
        for other anti-methamphetamine-related activities: Provided, 
        That within the amounts appropriated, $34,500,000 shall be used 
        for the projects, and in the amounts, specified in the 
        explanatory statement described in section 4 (in the matter 
        preceding division A of this consolidated Act);
            (3) $187,000,000 is for a law enforcement technologies and 
        interoperable communications program, and related law 
        enforcement and public safety equipment: Provided, That within 
        the amounts appropriated, $185,500,000 shall be used for the 
        projects, and in the amounts, specified in the explanatory 
        statement described in section 4 (in the matter preceding 
        division A of this consolidated Act);
            (4) $25,000,000 is for offender re-entry programs, as 
        authorized under section 101 and 211 of the Second Chance Act of 
        2007 (Public Law 110-199), of which $15,000,000 is for grants 
        for adult and juvenile offender state and local reentry 
        demonstration projects, and $10,000,000 is for grants for 
        mentoring and transitional services;
            (5) $10,000,000 is for grants to assist States and tribal 
        governments as authorized by the NICS Improvements Amendments 
        Act of 2007 (Public Law 110-180);
            (6) $10,000,000 is for grants to upgrade criminal records, 
        as authorized under the Crime Identification Technology Act of 
        1998 (42 U.S.C. 14601);
            (7) $156,000,000 is for DNA related and forensic programs 
        and activities as follows:
                    (A) $151,000,000 for a DNA analysis and capacity 
                enhancement program and for other local, state, and 
                Federal forensic activities including the purposes of 
                section 2 of the DNA Analysis Backlog Elimination Act of 
                2000 (the Debbie Smith DNA Backlog Grant Program); and
                    (B) $5,000,000 for the purposes described in the 
                Kirk Bloodsworth Post-Conviction DNA Testing Program 
                (Public Law 108-405, section 412);
            (8) $20,000,000 is for improving tribal law enforcement, 
        including equipment and training;
            (9) $15,000,000 is for programs to reduce gun crime and gang 
        violence;
            (10) $4,000,000 is for training and technical assistance;

[[Page 123 STAT. 584]]

            (11) $18,000,000 is for a national grant program the purpose 
        of which is to assist State and local law enforcement to locate, 
        arrest and prosecute child sexual predators and exploiters, and 
        to enforce sex offender registration laws described in section 
        1701(b) of the 1968 Act, of which:
                    (A) $5,000,000 is for sex offender management 
                assistance as authorized by the Adam Walsh Act and the 
                Violent Crime Control Act of 1994 (Public Law 103-322); 
                and
                    (B) $1,000,000 is for the National Sex Offender 
                Public Registry;
            (12) $16,000,000 is for expenses authorized by part AA of 
        the 1968 Act (Secure our Schools); and
            (13) $25,000,000 is for Paul Coverdell Forensic Science 
        Improvement Grants under part BB of title I of the 1968 Act.


                          salaries and expenses


    For necessary expenses, not elsewhere specified in this title, for 
management and administration of programs within the Office on Violence 
Against Women, the Office of Justice Programs and the Community Oriented 
Policing Services Office, $174,000,000, of which not to exceed 
$14,000,000 shall be available for the Office on Violence Against Women; 
not to exceed $130,000,000 shall be available for the Office of Justice 
Programs; not to exceed $30,000,000 shall be available for the Community 
Oriented Policing Services Office: Provided, That, notwithstanding 
section 109 of title I of Public Law 90-351, an additional amount, not 
to exceed $21,000,000 shall be available for authorized activities of 
the Office of Audit, Assessment, and Management: Provided further, That 
the total amount available for management and administration of such 
programs shall not exceed $195,000,000.

                General Provisions--Department of Justice

    Sec. 201.  In addition to amounts otherwise made available in this 
title for official reception and representation expenses, a total of not 
to exceed $50,000 from funds appropriated to the Department of Justice 
in this title shall be available to the Attorney General for official 
reception and representation expenses.
    Sec. 202.  None <<NOTE: Abortion.>>  of the funds appropriated by 
this title shall be available to pay for an abortion, except where the 
life of the mother would be endangered if the fetus were carried to 
term, or in the case of rape: Provided, That should this prohibition be 
declared unconstitutional by a court of competent jurisdiction, this 
section shall be null and void.

    Sec. 203.  None <<NOTE: Abortion.>>  of the funds appropriated under 
this title shall be used to require any person to perform, or facilitate 
in any way the performance of, any abortion.

    Sec. 204.  Nothing in the preceding section shall remove the 
obligation of the Director of the Bureau of Prisons to provide escort 
services necessary for a female inmate to receive such service outside 
the Federal facility: Provided, That nothing in this section in any way 
diminishes the effect of section 203 intended to address the 
philosophical beliefs of individual employees of the Bureau of Prisons.
    Sec. 205. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Justice

[[Page 123 STAT. 585]]

in this Act may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided, That 
any transfer pursuant to this section shall be treated as a 
reprogramming of funds under section 505 of this Act and shall not be 
available for obligation except in compliance with the procedures set 
forth in that section: <<NOTE: President. Certification.>>  Provided 
further, That none of the funds appropriated to ``Buildings and 
Facilities, Federal Prison System'' in this or any other Act may be 
transferred to ``Salaries and Expenses, Federal Prison System'', or any 
other Department of Justice account, unless the President certifies that 
such a transfer is necessary to the national security interests of the 
United States, and such authority shall not be delegated, and shall be 
subject to section 505 of this Act.

    Sec. 206.  The <<NOTE: Project extension. 5 USC 3104 note.>>  
Attorney General is authorized to extend through September 30, 2010, the 
Personnel Management Demonstration Project transferred to the Attorney 
General pursuant to section 1115 of the Homeland Security Act of 2002, 
Public Law 107-296 (6 U.S.C. 533) without limitation on the number of 
employees or the positions covered.

    Sec. 207.  Notwithstanding <<NOTE: Investigations. Applicability. 28 
USC 533 note.>>  any other provision of law, Public Law 102-395 section 
102(b) shall extend to the Bureau of Alcohol, Tobacco, Firearms and 
Explosives in the conduct of undercover investigative operations and 
shall apply without fiscal year limitation with respect to any 
undercover investigative operation initiated by the Bureau of Alcohol, 
Tobacco, Firearms and Explosives that is necessary for the detection and 
prosecution of crimes against the United States.

    Sec. 208.  None of the funds made available to the Department of 
Justice in this Act may be used for the purpose of transporting an 
individual who is a prisoner pursuant to conviction for crime under 
State or Federal law and is classified as a maximum or high security 
prisoner, other than to a prison or other facility certified by the 
Federal Bureau of Prisons as appropriately secure for housing such a 
prisoner.
    Sec. 209. (a) None of the funds appropriated by this Act may be used 
by Federal prisons to purchase cable television services, to rent or 
purchase videocassettes, videocassette recorders, or other audiovisual 
or electronic equipment used primarily for recreational purposes.
    (b) The preceding sentence does not preclude the renting, 
maintenance, or purchase of audiovisual or electronic equipment for 
inmate training, religious, or educational programs.
    Sec. 210.  None <<NOTE: Certification.>>  of the funds made 
available under this title shall be obligated or expended for Sentinel, 
or for any other major new or enhanced information technology program 
having total estimated development costs in excess of $100,000,000, 
unless the Deputy Attorney General and the investment review board 
certify to the Committees on Appropriations that the information 
technology program has appropriate program management and contractor 
oversight mechanisms in place, and that the program is compatible with 
the enterprise architecture of the Department of Justice.

    Sec. 211.  The <<NOTE: Notification. Applicability.>>  notification 
thresholds and procedures set forth in section 505 of this Act shall 
apply to deviations from the amounts

[[Page 123 STAT. 586]]

designated for specific activities in this Act and accompanying 
statement, and to any use of deobligated balances of funds provided 
under this title in previous years.

    Sec. 212.  None of the funds appropriated by this Act may be used to 
plan for, begin, continue, finish, process, or approve a public-private 
competition under the Office of Management and Budget Circular A-76 or 
any successor administrative regulation, directive, or policy for work 
performed by employees of the Bureau of Prisons or of Federal Prison 
Industries, Incorporated.
    Sec. 213.  Notwithstanding any other provision of law, no funds 
shall be available for the salary, benefits, or expenses of any United 
States Attorney assigned dual or additional responsibilities by the 
Attorney General or his designee that exempt that United States Attorney 
from the residency requirements of 28 U.S.C. 545.
    Sec. 214.  None <<NOTE: Certification.>>  of the funds appropriated 
in this or any other Act shall be obligated for the initiation of a 
future phase of the Federal Bureau of Investigation's Sentinel program 
until the Attorney General certifies to the Committees on Appropriations 
that existing phases currently under contract for development or 
fielding have completed a majority of the work for that phase under the 
performance measurement baseline validated by the integrated baseline 
review conducted in 2008: Provided, That this restriction does not apply 
to planning and design activities for future 
phases: <<NOTE: Notification.>>  Provided further, That the Bureau will 
notify the Committees on Appropriations of any significant changes to 
the baseline.

    Sec. 215. <<NOTE: Deadlines. Reports.>>  (a) The Attorney General 
shall submit quarterly reports to the Inspector General of the 
Department of Justice regarding the costs and contracting procedures 
relating to each conference held by the Department of Justice during 
fiscal year 2009 for which the cost to the Government was more than 
$20,000.

    (b) Each report submitted under subsection (a) shall include, for 
each conference described in that subsection held during the applicable 
quarter--
            (1) a description of the subject of and number of 
        participants attending that conference;
            (2) a detailed statement of the costs to the Government 
        relating to that conference, including--
                    (A) the cost of any food or beverages;
                    (B) the cost of any audio-visual services; and
                    (C) a discussion of the methodology used to 
                determine which costs relate to that conference; and
            (3) a description of the contracting procedures relating to 
        that conference, including--
                    (A) whether contracts were awarded on a competitive 
                basis for that conference; and
                    (B) a discussion of any cost comparison conducted by 
                the Department of Justice in evaluating potential 
                contractors for that conference.

    This title may be cited as the ``Department of Justice 
Appropriations Act, 2009''.

[[Page 123 STAT. 587]]

TITLE III <<NOTE: Science Appropriations Act, 2009.>> 

                                 SCIENCE

                 Office of Science and Technology Policy

    For necessary expenses of the Office of Science and Technology 
Policy, in carrying out the purposes of the National Science and 
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 
6601-6671), hire of passenger motor vehicles, and services as authorized 
by 5 U.S.C. 3109, not to exceed $2,500 for official reception and 
representation expenses, and rental of conference rooms in the District 
of Columbia, $5,303,000.

              National Aeronautics and Space Administration

                                 science

    For necessary expenses, not otherwise provided for, in the conduct 
and support of science research and development activities, including 
research, development, operations, support, and services; maintenance; 
construction of facilities including repair, rehabilitation, 
revitalization, and modification of facilities, construction of new 
facilities and additions to existing facilities, facility planning and 
design, and restoration, and acquisition or condemnation of real 
property, as authorized by law; environmental compliance and 
restoration; space flight, spacecraft control, and communications 
activities; program management; personnel and related costs, including 
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
travel expenses; purchase and hire of passenger motor vehicles; and 
purchase, lease, charter, maintenance, and operation of mission and 
administrative aircraft, $4,503,019,000 to remain available until 
September 30, 2010.

                               aeronautics

    For necessary expenses, not otherwise provided for, in the conduct 
and support of aeronautics research and development activities, 
including research, development, operations, support, and services; 
maintenance; construction of facilities including repair, 
rehabilitation, revitalization, and modification of facilities, 
construction of new facilities and additions to existing facilities, 
facility planning and design, and restoration, and acquisition or 
condemnation of real property, as authorized by law; environmental 
compliance and restoration; space flight, spacecraft control, and 
communications activities; program management; personnel and related 
costs, including uniforms or allowances therefor, as authorized by 5 
U.S.C. 5901-5902; travel expenses; purchase and hire of passenger motor 
vehicles; and purchase, lease, charter, maintenance, and operation of 
mission and administrative aircraft, $500,000,000 to remain available 
until September 30, 2010.

                               exploration

    For necessary expenses, not otherwise provided for, in the conduct 
and support of exploration research and development activities, 
including research, development, operations, support, and services; 
maintenance; construction of facilities including repair,

[[Page 123 STAT. 588]]

rehabilitation, revitalization, and modification of facilities, 
construction of new facilities and additions to existing facilities, 
facility planning and design, and restoration, and acquisition or 
condemnation of real property, as authorized by law; environmental 
compliance and restoration; space flight, spacecraft control, and 
communications activities; program management, personnel and related 
costs, including uniforms or allowances therefor, as authorized by 5 
U.S.C. 5901-5902; travel expenses; purchase and hire of passenger motor 
vehicles; and purchase, lease, charter, maintenance, and operation of 
mission and administrative aircraft, $3,505,469,000 to remain available 
until September 30, 2010.

                            space operations

    For necessary expenses, not otherwise provided for, in the conduct 
and support of space operations research and development activities, 
including research, development, operations, support and services; space 
flight, spacecraft control and communications activities including 
operations, production, and services; maintenance; construction of 
facilities including repair, rehabilitation, revitalization and 
modification of facilities, construction of new facilities and additions 
to existing facilities, facility planning and design, and restoration, 
and acquisition or condemnation of real property, as authorized by law; 
environmental compliance and restoration; program management; personnel 
and related costs, including uniforms or allowances therefor, as 
authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and hire of 
passenger motor vehicles; and purchase, lease, charter, maintenance and 
operation of mission and administrative aircraft, $5,764,710,000, to 
remain available until September 30, 2010: Provided, That of the amounts 
provided under this heading, $2,981,724,000 shall be for Space Shuttle 
operations, production, research, development, and support, 
$2,060,162,000 shall be for International Space Station operations, 
production, research, development, and support, and $722,824,000 shall 
be for Space and Flight support.

                                education

    For necessary expenses, not otherwise provided for, in carrying out 
aerospace and aeronautical education research and development 
activities, including research, development, operations, support, and 
services; program management; personnel and related costs, uniforms or 
allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel 
expenses; purchase and hire of passenger motor vehicles; and purchase, 
lease, charter, maintenance, and operation of mission and administrative 
aircraft, $169,200,000, to remain available until September 30, 2010.


                          cross agency support


    For necessary expenses, not otherwise provided for, in the conduct 
and support of science, aeronautics, exploration, space operations and 
education research and development activities, including research, 
development, operations, support, and services; maintenance; 
construction of facilities including repair, rehabilitation, 
revitalization, and modification of facilities, construction of new 
facilities and additions to existing facilities, facility planning and 
design, and restoration, and acquisition or condemnation of real

[[Page 123 STAT. 589]]

property, as authorized by law; environmental compliance and 
restoration; space flight, spacecraft control, and communications 
activities; program management; personnel and related costs, including 
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
travel expenses; purchase and hire of passenger motor vehicles; not to 
exceed $70,000 for official reception and representation expenses; and 
purchase, lease, charter, maintenance, and operation of mission and 
administrative aircraft, $3,306,387,000, to remain available until 
September 30, 2010: Provided, That $2,024,000,000, together with not 
more than $9,000,000 to be derived from receipts pursuant to 42 U.S.C. 
2459j, shall be available for center management and operations: Provided 
further, That notwithstanding 42 U.S.C. 2459j, proceeds from enhanced 
use leases that may be made available for obligation for fiscal year 
2009 shall not exceed $9,000,000: <<NOTE: 42 USC 16611b note.>>  
Provided further, That each annual budget request shall include an 
annual estimate of gross receipts and collections and proposed use of 
all funds collected pursuant to 42 U.S.C. 2459j: Provided further, That 
not less than $45,000,000 shall be available for independent 
verification and validation activities, of which $5,000,000 shall be 
available to develop core verification and validation competencies with 
small businesses, and $40,000,000 shall be available for operations of 
the independent verification and validation facility: Provided further,  
That within the amounts appropriated $67,500,000 shall be used for the 
projects, and in the amounts, specified in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act).

                       office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the Inspector General Act of 1978, $33,600,000, to remain 
available until September 30, 2010.


                        administrative provisions


     Notwithstanding the limitation on the duration of availability of 
funds appropriated to the National Aeronautics and Space Administration 
for any account in this Act, except for ``Office of Inspector General'', 
when any activity has been initiated by the incurrence of obligations 
for construction of facilities or environmental compliance and 
restoration activities as authorized by law, such amount available for 
such activity shall remain available until expended. This provision does 
not apply to the amounts appropriated for institutional minor 
revitalization and minor construction of facilities, and institutional 
facility planning and design.
    Notwithstanding the limitation on the availability of funds 
appropriated to the National Aeronautics and Space Administration for 
any account in this Act, except for ``Office of Inspector General'', the 
amounts appropriated for construction of facilities shall remain 
available until September 30, 2011.
    Funds for announced prizes otherwise authorized shall remain 
available, without fiscal year limitation, until the prize is claimed or 
the offer is withdrawn.
    Not to exceed 5 percent of any appropriation made available for the 
current fiscal year for the National Aeronautics and Space 
Administration in this Act may be transferred between such 
appropriations, but no such appropriation, except as otherwise 
specifically

[[Page 123 STAT. 590]]

provided, shall be increased by more than 10 percent by any such 
transfers. Any transfer pursuant to this provision shall be treated as a 
reprogramming of funds under section 505 of this Act and shall not be 
available for obligation except in compliance with the procedures set 
forth in that section.
    Notwithstanding any other provision of law, no funds shall be used 
to implement any Reduction in Force or other involuntary separations 
(except for cause) by the National Aeronautics and Space Administration 
prior to September 30, 2009.
    The unexpired balances of the Science, Aeronautics, and Exploration 
account, for activities for which funds are provided under this Act, may 
be transferred to the new accounts established in this Act that provide 
such activity. Balances so transferred shall be merged with the funds in 
the newly established accounts, but shall be available under the same 
terms, conditions and period of time as previously appropriated.
    For the closeout of all Space Shuttle contracts and associated 
programs, amounts that have expired but have not been cancelled in the 
Human Space Flight, Space Flight Capabilities, and Exploration 
Capabilities appropriations accounts shall remain available through 
fiscal year 2015 for the liquidation of valid obligations incurred 
during the period of fiscal year 2001 through fiscal year 2009.
    Funding designations and minimum funding requirements contained in 
any other Act shall not be applicable to funds appropriated by this 
title for the National Aeronautics and Space Administration.
    The Administrator <<NOTE: Deadline. Reports.>>  of NASA shall, not 
later than February 2, 2009, submit to the appropriate committees of 
Congress a report that delineates by fiscal year, mission directorate 
and object class the full costs necessary for Space Shuttle retirement 
and transition activities for fiscal years 2006 through 2015 that 
includes, but is not limited to, the following:
            (1) the costs for environmental compliance and remediation;
            (2) the gross and net proceeds from exchange sales of excess 
        Space Shuttle equipment;
            (3) the costs to maintain required facilities at Kennedy 
        Space Center during the gap in human space flight;
            (4) the costs associated with preservation of historic 
        properties;
            (5) the costs of workforce transition; and
            (6) other costs related to Space Shuttle retirement and 
        transition.

                       National Science Foundation

                     research and related activities

    For necessary expenses in carrying out the National Science 
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and the Act to 
establish a National Medal of Science (42 U.S.C. 1880-1881); services as 
authorized by 5 U.S.C. 3109; maintenance and operation of aircraft and 
purchase of flight services for research support; acquisition of 
aircraft; and authorized travel; $5,183,100,000, to remain available 
until September 30, 2010, of which not to exceed $540,000,000 shall 
remain available until expended for polar research and operations 
support, and for reimbursement to other Federal agencies for operational 
and science

[[Page 123 STAT. 591]]

support and logistical and other related activities for the United 
States Antarctic program: Provided, That from funds specified in the 
fiscal year 2009 budget request for icebreaking services, up to 
$54,000,000 shall be available for the procurement of polar icebreaking 
services: Provided further, That the National Science Foundation shall 
only reimburse the Coast Guard for such sums as are agreed to according 
to the existing memorandum of agreement: Provided further, That receipts 
for scientific support services and materials furnished by the National 
Research Centers and other National Science Foundation supported 
research facilities may be credited to this appropriation: Provided 
further, That not less than $133,000,000 shall be available for 
activities authorized by section 7002(b)(2)(A)(iv) of Public Law 110-69.


          major research equipment and facilities construction


    For necessary expenses for the acquisition, construction, 
commissioning, and upgrading of major research equipment, facilities, 
and other such capital assets pursuant to the National Science 
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), including 
authorized travel, $152,010,000, to remain available until expended.

                      education and human resources

    For necessary expenses in carrying out science and engineering 
education and human resources programs and activities pursuant to the 
National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-
1875), including services as authorized by 5 U.S.C. 3109, authorized 
travel, and rental of conference rooms in the District of Columbia, 
$845,260,000, to remain available until September 30, 2010: Provided 
further, That not less than $55,000,000 shall be available until 
expended for activities authorized by section 7030 of Public Law 110-69.

                 agency operations and award management

    For agency operations and award management necessary in carrying out 
the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-
1875); services authorized by 5 U.S.C. 3109; hire of passenger motor 
vehicles; not to exceed $9,000 for official reception and representation 
expenses; uniforms or allowances therefor, as authorized by 5 U.S.C. 
5901-5902; rental of conference rooms in the District of Columbia; and 
reimbursement of the Department of Homeland Security for security guard 
services; $294,000,000: Provided, That contracts may be entered into 
under this heading in fiscal year 2009 for maintenance and operation of 
facilities, and for other services, to be provided during the next 
fiscal year.

                  office of the national science board

    For necessary expenses (including payment of salaries, authorized 
travel, hire of passenger motor vehicles, the rental of conference rooms 
in the District of Columbia, and the employment of experts and 
consultants under section 3109 of title 5, United States Code) involved 
in carrying out section 4 of the National Science Foundation Act of 
1950, as amended (42 U.S.C. 1863) and Public Law

[[Page 123 STAT. 592]]

86-209 (42 U.S.C. 1880 et seq.), $4,030,000: Provided, That not to 
exceed $2,500 shall be available for official reception and 
representation expenses.

                       office of inspector general

    For necessary expenses of the Office of Inspector General as 
authorized by the Inspector General Act of 1978, as amended, 
$12,000,000.
     This title may be cited as the ``Science Appropriations Act, 
2009''.

                                TITLE IV

                            RELATED AGENCIES

                       Commission on Civil Rights


                          salaries and expenses


    For necessary expenses of the Commission on Civil Rights, including 
hire of passenger motor vehicles, $8,800,000: Provided, That none of the 
funds appropriated in this paragraph shall be used to employ in excess 
of four full-time individuals under Schedule C of the Excepted Service 
exclusive of one special assistant for each Commissioner: Provided 
further, That none of the funds appropriated in this paragraph shall be 
used to reimburse Commissioners for more than 75 billable days, with the 
exception of the chairperson, who is permitted 125 billable days.

                 Equal Employment Opportunity Commission

                          salaries and expenses

    For necessary expenses of the Equal Employment Opportunity 
Commission as authorized by title VII of the Civil Rights Act of 1964, 
the Age Discrimination in Employment Act of 1967, the Equal Pay Act of 
1963, the Americans with Disabilities Act of 1990, and the Civil Rights 
Act of 1991, including services as authorized by 5 U.S.C. 3109; hire of 
passenger motor vehicles as authorized by 31 U.S.C. 1343(b); nonmonetary 
awards to private citizens; and not to exceed $26,000,000 for payments 
to State and local enforcement agencies for authorized services to the 
Commission, $343,925,000: Provided, That the Commission is authorized to 
make available for official reception and representation expenses not to 
exceed $2,500 from available funds: <<NOTE: Notification.>>  Provided 
further, That the Commission may take no action to implement any 
workforce repositioning, restructuring, or reorganization until such 
time as the House and Senate Committees on Appropriations have been 
notified of such proposals, in accordance with the reprogramming 
requirements of section 505 of this Act: Provided further, That the 
Chair is authorized to accept and use any gift or donation to carry out 
the work of the Commission.

[[Page 123 STAT. 593]]

                     International Trade Commission

                          salaries and expenses

    For necessary expenses of the International Trade Commission, 
including hire of passenger motor vehicles, and services as authorized 
by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and 
representation expenses, $75,100,000, to remain available until 
expended.

                       Legal Services Corporation

                payment to the legal services corporation

    For payment to the Legal Services Corporation to carry out the 
purposes of the Legal Services Corporation Act of 1974, $390,000,000, of 
which $365,800,000 is for basic field programs and required independent 
audits; $4,200,000 is for the Office of Inspector General, of which such 
amounts as may be necessary may be used to conduct additional audits of 
recipients; $16,000,000 is for management and administration; $3,000,000 
is for client self-help and information technology; and $1,000,000 is 
for loan repayment assistance: Provided, That the Legal Services 
Corporation may continue to provide locality pay to officers and 
employees at a rate no greater than that provided by the Federal 
Government to Washington, DC-based employees as authorized by 5 U.S.C. 
5304, notwithstanding section 1005(d) of the Legal Services Corporation 
Act, 42 U.S.C. 2996(d).

          administrative provision--legal services corporation

    None of the funds appropriated in this Act to the Legal Services 
Corporation shall be expended for any purpose prohibited or limited by, 
or contrary to any of the provisions of, sections 501, 502, 503, 504, 
505, and 506 of Public Law 105-119, and all funds appropriated in this 
Act to the Legal Services Corporation shall be subject to the same terms 
and conditions set forth in such sections, except that all references in 
sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead 
to 2008 and 2009, respectively.

                        Marine Mammal Commission

                          salaries and expenses

    For necessary expenses of the Marine Mammal Commission as authorized 
by title II of Public Law 92-522, $3,200,000.

            Office of the United States Trade Representative

                          salaries and expenses

    For necessary expenses of the Office of the United States Trade 
Representative, including the hire of passenger motor vehicles and the 
employment of experts and consultants as authorized by 5 U.S.C. 3109, 
$47,272,000, of which $1,000,000 shall remain available until expended: 
Provided, That not to exceed $124,000 shall be available for official 
reception and representation <<NOTE: Negotiations.>>  expenses: Provided 
further, That negotiations shall be conducted within the World

[[Page 123 STAT. 594]]

Trade Organization to recognize the right of members to distribute 
monies collected from antidumping and 
countervailing <<NOTE: Negotiations.>>  duties: Provided further, That 
negotiations shall be conducted within the World Trade Organization 
consistent with the negotiating objectives contained in the Trade Act of 
2002, Public Law 107-210.

                         State Justice Institute

                          salaries and expenses

    For necessary expenses of the State Justice Institute, as authorized 
by the State Justice Institute Authorization Act of 1984 (42 U.S.C. 
10701 et. seq.) $4,100,000, of which $250,000 shall remain available 
until September 30, 2010: Provided, That not to exceed $2,500 shall be 
available for official reception and representation expenses.

                                 TITLE V

                           GENERAL PROVISIONS

    Sec. 501. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress.
    Sec. 502. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 503. <<NOTE: Contracts.>>  The expenditure of any appropriation 
under this Act for any consulting service through procurement contract, 
pursuant to 5 U.S.C. 3109, shall be limited to those contracts where 
such expenditures are a matter of public record and available for public 
inspection, except where otherwise provided under existing law, or under 
existing Executive order issued pursuant to existing law.

    Sec. 504. If any provision of this Act or the application of such 
provision to any person or circumstances shall be held invalid, the 
remainder of the Act and the application of each provision to persons or 
circumstances other than those as to which it is held invalid shall not 
be affected thereby.
    Sec. 505. <<NOTE: Notifications. Deadlines.>>  (a) None of the funds 
provided under this Act, or provided under previous appropriations Acts 
to the agencies funded by this Act that remain available for obligation 
or expenditure in fiscal year 2009, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through the reprogramming of funds that:

    (1) creates or initiates a new program, project or activity;
    (2) eliminates a program, project or activity, unless the House and 
Senate Committees on Appropriations are notified 15 days in advance of 
such reprogramming of funds;
    (3) increases funds or personnel by any means for any project or 
activity for which funds have been denied or restricted by this Act, 
unless the House and Senate Committees on Appropriations are notified 15 
days in advance of such reprogramming of funds;
    (4) relocates an office or employees, unless the House and Senate 
Committees on Appropriations are notified 15 days in advance of such 
reprogramming of funds;

[[Page 123 STAT. 595]]

    (5) reorganizes or renames offices, programs or activities, unless 
the House and Senate Committees on Appropriations are notified 15 days 
in advance of such reprogramming of funds;
    (6) contracts out or privatizes any functions or activities 
presently performed by Federal employees, unless the House and Senate 
Committees on Appropriations are notified 15 days in advance of such 
reprogramming of funds;
    (7) proposes to use funds directed for a specific activity by either 
the House or Senate Committee on Appropriations for a different purpose, 
unless the House and Senate Committees on Appropriations are notified 15 
days in advance of such reprogramming of funds;
    (8) augments funds for existing programs, projects or activities in 
excess of $500,000 or 10 percent, whichever is less, or reduces by 10 
percent funding for any program, project or activity, or numbers of 
personnel by 10 percent as approved by Congress, unless the House and 
Senate Committees on Appropriations are notified 15 days in advance of 
such reprogramming of funds; or
    (9) results from any general savings, including savings from a 
reduction in personnel, which would result in a change in existing 
programs, projects or activities as approved by Congress, unless the 
House and Senate Committees on Appropriations are notified 15 days in 
advance of such reprogramming of funds.
    (b) None of the funds in provided under this Act, or provided under 
previous appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in fiscal year 2009, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure through the 
reprogramming of funds after August 1, except in extraordinary 
circumstances, and only after the House and Senate Committees on 
Appropriations are notified 30 days in advance of such reprogramming of 
funds.
    Sec. 506. <<NOTE: Religious harassment. 42 USC 2000e-12 note.>>  
Hereafter, none of the funds made available in this or any other Act may 
be used to implement, administer, or enforce any guidelines of the Equal 
Employment Opportunity Commission covering harassment based on religion, 
when it is made known to the Federal entity or official to which such 
funds are made available that such guidelines do not differ in any 
respect from the proposed guidelines published by the Commission on 
October 1, 1993 (58 Fed. Reg. 51266).

    Sec. 507. If it has been finally determined by a court or Federal 
agency that any person intentionally affixed a label bearing a ``Made in 
America'' inscription, or any inscription with the same meaning, to any 
product sold in or shipped to the United States that is not made in the 
United States, the person shall be ineligible to receive any contract or 
subcontract made with funds made available in this Act, pursuant to the 
debarment, suspension, and ineligibility procedures described in 
sections 9.400 through 9.409 of title 48, Code of Federal Regulations.
    Sec. 508. <<NOTE: Deadlines. Reports.>>  The Departments of Commerce 
and Justice, the National Science Foundation, and the National 
Aeronautics and Space Administration, shall provide to the House and 
Senate Committees on Appropriations a quarterly accounting of the 
cumulative balances of any unobligated funds that were received by such 
agency during any previous fiscal year.

[[Page 123 STAT. 596]]

    Sec. 509. Any costs incurred by a department or agency funded under 
this Act resulting from, or to prevent, personnel actions taken in 
response to funding reductions included in this Act shall be absorbed 
within the total budgetary resources available to such department or 
agency: Provided, That the authority to transfer funds between 
appropriations accounts as may be necessary to carry out this section is 
provided in addition to authorities included elsewhere in this Act: 
Provided further, That use of funds to carry out this section shall be 
treated as a reprogramming of funds under section 505 of this Act and 
shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.
    Sec. 510. <<NOTE: Tobacco and tobacco products.>>  None of the funds 
provided by this Act shall be available to promote the sale or export of 
tobacco or tobacco products, or to seek the reduction or removal by any 
foreign country of restrictions on the marketing of tobacco or tobacco 
products, except for restrictions which are not applied equally to all 
tobacco or tobacco products of the same type.

    Sec. 511. <<NOTE: Firearms.>>  None of the funds appropriated 
pursuant to this Act or any other provision of law may be used for--
            (1) the implementation of any tax or fee in connection with 
        the implementation of subsection 922(t) of title 18, United 
        States Code; and
            (2) any system to implement subsection 922(t) of title 18, 
        United States Code, that does not require and result in the 
        destruction of any identifying information submitted by or on 
        behalf of any person who has been determined not to be 
        prohibited from possessing or receiving a firearm no more than 
        24 hours after the system advises a Federal firearms licensee 
        that possession or receipt of a firearm by the prospective 
        transferee would not violate subsection (g) or (n) of section 
        922 of title 18, United States Code, or State law.

    Sec. 512. <<NOTE: 42 USC 10601 note.>>  Notwithstanding any other 
provision of law, amounts deposited or available in the Fund established 
under 42 U.S.C. 10601 in any fiscal year in excess of $635,000,000 shall 
not be available for obligation until the following fiscal year.

    Sec. 513. <<NOTE: Discrimination.>>  None of the funds made 
available to the Department of Justice in this Act may be used to 
discriminate against or denigrate the religious or moral beliefs of 
students who participate in programs for which financial assistance is 
provided from those funds, or of the parents or legal guardians of such 
students.

    Sec. 514. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 515. Any funds provided in this Act used to implement E-
Government Initiatives shall be subject to the procedures set forth in 
section 505 of this Act.
    Sec. 516. <<NOTE: Firearm traces.>>  (a) Tracing studies conducted 
by the Bureau of Alcohol, Tobacco, Firearms and Explosives are released 
without adequate disclaimers regarding the limitations of the data.

    (b) The Bureau of Alcohol, Tobacco, Firearms and Explosives shall 
include in all such data releases, language similar to the following 
that would make clear that trace data cannot be used to draw broad 
conclusions about firearms-related crime:

[[Page 123 STAT. 597]]

            (1) Firearm traces are designed to assist law enforcement 
        authorities in conducting investigations by tracking the sale 
        and possession of specific firearms. Law enforcement agencies 
        may request firearms traces for any reason, and those reasons 
        are not necessarily reported to the Federal Government. Not all 
        firearms used in crime are traced and not all firearms traced 
        are used in crime.
            (2) Firearms selected for tracing are not chosen for 
        purposes of determining which types, makes, or models of 
        firearms are used for illicit purposes. The firearms selected do 
        not constitute a random sample and should not be considered 
        representative of the larger universe of all firearms used by 
        criminals, or any subset of that universe. Firearms are normally 
        traced to the first retail seller, and sources reported for 
        firearms traced do not necessarily represent the sources or 
        methods by which firearms in general are acquired for use in 
        crime.

    Sec. 517. <<NOTE: Audits. Reports. Deadlines.>>  (a) The Inspectors 
General of the Department of Commerce, the Department of Justice, the 
National Aeronautics and Space Administration, the National Science 
Foundation, and the Legal Services Corporation shall conduct audits, 
pursuant to the Inspector General Act (5 U.S.C. App.), of grants or 
contracts for which funds are appropriated by this Act, and shall submit 
reports to Congress on the progress of such audits, which may include 
preliminary findings and a description of areas of particular interest, 
within 180 days after initiating such an audit and every 180 days 
thereafter until any such audit is completed.

    (b) Within <<NOTE: Deadline. Public information. Web posting.>>  60 
days after the date on which an audit described in subsection (a) by an 
Inspector General is completed, the Secretary, Attorney General, 
Administrator, Director, or President, as appropriate, shall make the 
results of the audit available to the public on the Internet website 
maintained by the Department, Administration, Foundation, or 
Corporation, respectively. The results shall be made available in 
redacted form to exclude--
            (1) any matter described in section 552(b) of title 5, 
        United States Code; and
            (2) sensitive personal information for any individual, the 
        public access to which could be used to commit identity theft or 
        for other inappropriate or unlawful purposes.

    (c) A grant or contract funded by amounts appropriated by this Act 
may not be used for the purpose of defraying the costs of a banquet or 
conference that is not directly and programmatically related to the 
purpose for which the grant or contract was awarded, such as a banquet 
or conference held in connection with planning, training, assessment, 
review, or other routine purposes related to a project funded by the 
grant or contract.
    (d) Any <<NOTE: Certification.>>  person awarded a grant or contract 
funded by amounts appropriated by this Act shall submit a statement to 
the Secretary of Commerce, the Attorney General, the Administrator, 
Director, or President, as appropriate, certifying that no funds derived 
from the grant or contract will be made available through a subcontract 
or in any other manner to another person who has a financial interest in 
the person awarded the grant or contract.

    (e) The <<NOTE: Effective date.>>  provisions of the preceding 
subsections of this section shall take effect 30 days after the date on 
which the Director of the Office of Management and Budget, in 
consultation with the Director of the Office of Government Ethics, 
determines that a uniform set of rules and requirements, substantially 
similar to

[[Page 123 STAT. 598]]

the requirements in such subsections, consistently apply under the 
executive branch ethics program to all Federal departments, agencies, 
and entities.

    Sec. 518. <<NOTE: Human organism.>>  None of the funds appropriated 
or otherwise made available under this Act may be used to issue patents 
on claims directed to or encompassing a human organism.

    Sec. 519. <<NOTE: Torture.>>  None of the funds made available in 
this Act shall be used in any way whatsoever to support or justify the 
use of torture by any official or contract employee of the United States 
Government.

    Sec. 520. <<NOTE: Exports and imports. Firearms. Canada.>>  (a) 
Notwithstanding any other provision of law or treaty, none of the funds 
appropriated or otherwise made available under this Act or any other Act 
may be expended or obligated by a department, agency, or instrumentality 
of the United States to pay administrative expenses or to compensate an 
officer or employee of the United States in connection with requiring an 
export license for the export to Canada of components, parts, 
accessories or attachments for firearms listed in Category I, section 
121.1 of title 22, Code of Federal Regulations (International 
Trafficking in Arms Regulations (ITAR), part 121, as it existed on April 
1, 2005) with a total value not exceeding $500 wholesale in any 
transaction, provided that the conditions of subsection (b) of this 
section are met by the exporting party for such articles.

    (b) The foregoing exemption from obtaining an export license--
            (1) does not exempt an exporter from filing any Shipper's 
        Export Declaration or notification letter required by law, or 
        from being otherwise eligible under the laws of the United 
        States to possess, ship, transport, or export the articles 
        enumerated in subsection (a); and
            (2) does not permit the export without a license of--
                    (A) fully automatic firearms and components and 
                parts for such firearms, other than for end use by the 
                Federal Government, or a Provincial or Municipal 
                Government of Canada;
                    (B) barrels, cylinders, receivers (frames) or 
                complete breech mechanisms for any firearm listed in 
                Category I, other than for end use by the Federal 
                Government, or a Provincial or Municipal Government of 
                Canada; or
                    (C) articles for export from Canada to another 
                foreign destination.

    (c) In accordance with this section, the District Directors of 
Customs and postmasters shall permit the permanent or temporary export 
without a license of any unclassified articles specified in subsection 
(a) to Canada for end use in Canada or return to the United States, or 
temporary import of Canadian-origin items from Canada for end use in the 
United States or return to Canada for a Canadian citizen.
    (d) The <<NOTE: President. Federal Register, publication.>>  
President may require export licenses under this section on a temporary 
basis if the President determines, upon publication first in the Federal 
Register, that the Government of Canada has implemented or maintained 
inadequate import controls for the articles specified in subsection (a), 
such that a significant diversion of such articles has and continues to 
take place for use in international terrorism or in the escalation of a 
conflict in another nation. The President shall terminate the 
requirements of a license when reasons for the temporary requirements 
have ceased.

[[Page 123 STAT. 599]]

    Sec. 521. <<NOTE: Firearms.>>  Notwithstanding any other provision 
of law, no department, agency, or instrumentality of the United States 
receiving appropriated funds under this Act or any other Act shall 
obligate or expend in any way such funds to pay administrative expenses 
or the compensation of any officer or employee of the United States to 
deny any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and 
qualified pursuant to 27 CFR section 478.112 or .113, for a permit to 
import United States origin ``curios or relics'' firearms, parts, or 
ammunition.

    Sec. 522. None of the funds made available in this Act may be used 
to include in any new bilateral or multilateral trade agreement the text 
of--
            (1) paragraph 2 of article 16.7 of the United States-
        Singapore Free Trade Agreement;
            (2) paragraph 4 of article 17.9 of the United States-
        Australia Free Trade Agreement; or
            (3) paragraph 4 of article 15.9 of the United States-Morocco 
        Free Trade Agreement.

    Sec. 523. <<NOTE: National security letters.>>  None of the funds 
made available in this Act may be used to authorize or issue a national 
security letter in contravention of any of the following laws 
authorizing the Federal Bureau of Investigation to issue national 
security letters: The Right to Financial Privacy Act; The Electronic 
Communications Privacy Act; The Fair Credit Reporting Act; The National 
Security Act of 1947; USA PATRIOT Act; and the laws amended by these 
Acts.

    Sec. 524. If at any time during any quarter, the program manager of 
a project within the jurisdiction of the Departments of Commerce or 
Justice, the National Aeronautics and Space Administration, or the 
National Science Foundation totaling more than $75,000,000 has 
reasonable cause to believe that the total program cost has increased by 
10 percent, the program manager shall immediately inform the Secretary, 
Administrator, or Director. The 
Secretary, <<NOTE: Notification. Deadline.>>  Administrator, or Director 
shall notify the House and Senate Committees on Appropriations within 30 
days in writing of such increase, and shall include in such notice: the 
date on which such determination was made; a statement of the reasons 
for such increases; the action taken and proposed to be taken to control 
future cost growth of the project; changes made in the performance or 
schedule milestones and the degree to which such changes have 
contributed to the increase in total program costs or procurement costs; 
new estimates of the total project or procurement costs; and a statement 
validating that the project's management structure is adequate to 
control total project or procurement costs.

    Sec. 525. Funds appropriated by this Act, or made available by the 
transfer of funds in this Act, for intelligence or intelligence related 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2009 until the enactment of the Intelligence 
Authorization Act for fiscal year 2009.
    Sec. 526. <<NOTE: Web posting. 5 USC app. 8L note.>>  The 
Departments, agencies, and commissions funded under this Act, shall 
establish and maintain on the homepages of their Internet websites--
            (1) a direct link to the Internet websites of their Offices 
        of Inspectors General; and
            (2) a mechanism on the Offices of Inspectors General website 
        by which individuals may anonymously report cases

[[Page 123 STAT. 600]]

        of waste, fraud, or abuse with respect to those Departments, 
        agencies, and commissions.

    Sec. 527.  None <<NOTE: Contracts. Grants. Certification.>>  of the 
funds appropriated or otherwise made available by this Act may be used 
to enter into a contract in an amount greater than $5,000,000 or to 
award a grant in excess of such amount unless the prospective contractor 
or grantee certifies in writing to the agency awarding the contract or 
grant that, to the best of its knowledge and belief, the contractor or 
grantee has filed all Federal tax returns required during the three 
years preceding the certification, has not been convicted of a criminal 
offense under the Internal Revenue Code of 1986, and has not, more than 
90 days prior to certification, been notified of any unpaid Federal tax 
assessment for which the liability remains unsatisfied, unless the 
assessment is the subject of an installment agreement or offer in 
compromise that has been approved by the Internal Revenue Service and is 
not in default, or the assessment is the subject of a non-frivolous 
administrative or judicial proceeding.

    Sec. 528. None of the funds appropriated or otherwise made available 
in this Act may be used in a manner that is inconsistent with the 
principal negotiating objective of the United States with respect to 
trade remedy laws to preserve the ability of the United States--
            (1) to enforce vigorously its trade laws, including 
        antidumping, countervailing duty, and safeguard laws;
            (2) to avoid agreements that--
                    (A) lessen the effectiveness of domestic and 
                international disciplines on unfair trade, especially 
                dumping and subsidies; or
                    (B) lessen the effectiveness of domestic and 
                international safeguard provisions, in order to ensure 
                that United States workers, agricultural producers, and 
                firms can compete fully on fair terms and enjoy the 
                benefits of reciprocal trade concessions; and
            (3) to address and remedy market distortions that lead to 
        dumping and subsidization, including overcapacity, 
        cartelization, and market-access barriers.


                              (Rescissions)


    Sec. 529. (a) Of the unobligated balances available to the 
Department of Commerce from prior appropriations, the following funds 
are hereby rescinded from the following accounts and programs in the 
specified amounts:
            (1) ``Economic Development Administration, Economic 
        Development Assistance Programs'', $15,000,000;
            (2) ``National Institute of Standards and Technology, 
        Industrial Technology Services'', $5,000,000;
            (3) ``National Telecommunications and Information 
        Administration, Salaries and Expenses'', $3,000,000;
            (4) ``National Telecommunications and Information 
        Administration, Public Telecommunications, Facilities, Planning 
        and Construction'', $1,600,000; and
            (5) ``Bureau of the Census, Periodic Censuses and 
        Programs'', $1,000,000.

    (b) Of <<NOTE: Deadline.>>  the unobligated balances available to 
the Department of Justice from prior appropriations, the following funds 
are hereby rescinded, not later than September 30, 2009, from the 
following accounts in the specified amounts:

[[Page 123 STAT. 601]]

            (1) ``General Administration, Working Capital Fund'', 
        $100,000,000;
            (2) ``Legal Activities, Assets Forfeiture Fund'', 
        $285,000,000;
            (3) ``Office of Justice Programs'', $100,000,000; and
            (4) ``Community Oriented Policing Services'', $100,000,000.

    (c) <<NOTE: Deadline. Reports.>>  Each department affected by the 
recissions contained in subsections (a) and (b) shall, within 30 days of 
enactment of this Act, submit to the Committee on Appropriations of the 
House of Representatives and the Senate a report specifying the amount 
of each rescission made pursuant to this section.

    (d) The recissions contained in this section shall not apply to 
funds provided in this Act.
    Sec. 530. None of the funds made available in this Act may be used 
to purchase first class or premium airline travel in contravention of 
sections 301-10.122 through 301-10.124 of title 41 of the Code of 
Federal Regulations.
    Sec. 531. None of the funds made available in this Act may be used 
to send or otherwise pay for the attendance of more than 50 employees 
from a Federal department or agency at any single conference occurring 
outside the United States.
    This division may be cited as the ``Commerce, Justice, Science, and 
Related Agencies Appropriations Act, 2009''.

  DIVISION C--ENERGY <<NOTE: Energy and Water Development and Related 
Agencies Appropriations Act, 2009.>>  AND WATER DEVELOPMENT AND RELATED 
AGENCIES APPROPRIATIONS ACT, 2009

                                 TITLE I

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                        Corps of Engineers--Civil

    The following appropriations shall be expended under the direction 
of the Secretary of the Army and the supervision of the Chief of 
Engineers for authorized civil functions of the Department of the Army 
pertaining to rivers and harbors, flood and storm damage reduction, 
shore protection, aquatic ecosystem restoration, and related efforts.


                             Investigations


    For expenses necessary where authorized by law for the collection 
and study of basic information pertaining to river and harbor, flood and 
storm damage reduction, shore protection, aquatic ecosystem restoration, 
and related needs; for surveys and detailed studies, and plans and 
specifications of proposed river and harbor, flood and storm damage 
reduction, shore protection, and aquatic ecosystem restoration projects 
and related efforts prior to construction; for restudy of authorized 
projects; and for miscellaneous investigations and, when authorized by 
law, surveys and detailed studies, and plans and specifications of 
projects prior to construction, $168,100,000, to remain available until 
expended: Provided, That, except as provided in section 101 of this Act, 
the amounts made available under this paragraph shall be expended as 
authorized in law for the projects and activities specified in the text 
and table under this heading in the explanatory statement described

[[Page 123 STAT. 602]]

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


                              Construction


    For expenses necessary for the construction of river and harbor, 
flood and storm damage reduction, shore protection, aquatic ecosystem 
restoration, and related projects authorized by law; for conducting 
detailed studies, and plans and specifications, of such projects 
(including those involving participation by States, local governments, 
or private groups) authorized or made eligible for selection by law (but 
such detailed studies, and plans and specifications, shall not 
constitute a commitment of the Government to construction); 
$2,141,677,000, to remain available until expended; of which such sums 
as are necessary to cover the Federal share of construction costs for 
facilities under the Dredged Material Disposal Facilities program shall 
be derived from the Harbor Maintenance Trust Fund as authorized by 
Public Law 104-303; and of which such sums as are necessary pursuant to 
Public Law 99-662 shall be derived from the Inland Waterways Trust Fund, 
to cover one-half of the costs of construction, replacement, 
rehabilitation, and expansion of inland waterways projects (including 
only Chickamauga Lock, Tennessee; Kentucky Lock and Dam, Tennessee 
River, Kentucky; Lock and Dams 2, 3, and 4 Monongahela River, 
Pennsylvania; Marmet Lock and Dam, West Virginia; McAlpine Lock and Dam, 
Kentucky and Indiana; Olmsted Lock and Dam, Illinois and Kentucky; 
Gray's Landing Lock and Dam, Pennsylvania; R.C. Byrd Lock and Dam, Ohio 
and West Virginia; and Point Marion Lock and Dam, Pennsylvania) shall be 
derived from the Inland Waterways Trust Fund: Provided, That the Chief 
of Engineers is directed to use $13,000,000 of the funds appropriated 
herein for the Dallas Floodway Extension, Texas, project, including the 
Cadillac Heights feature, generally in accordance with the Chief of 
Engineers report dated December 7, 1999: Provided further, That the 
Chief of Engineers is directed to use $8,000,000 of the funds 
appropriated herein for planning, engineering, design or construction of 
the Grundy, Buchanan County, and Dickenson County, Virginia, elements of 
the Levisa and Tug Forks of the Big Sandy River and Upper Cumberland 
River Project: Provided further, That the Chief of Engineers is directed 
to use $8,500,000 of the funds appropriated herein to continue planning, 
engineering, design or construction of the Lower Mingo County, Upper 
Mingo County, Wayne County, McDowell County, West Virginia, elements of 
the Levisa and Tug Forks of the Big Sandy River and Upper Cumberland 
River Project: Provided further, That the Secretary of the Army, acting 
through the Chief of Engineers, is directed to use $9,000,000 of the 
funds appropriated herein for the Clover Fork, City of Cumberland, Town 
of Martin, Pike County (including Levisa Fork and Tug Fork Tributaries), 
Bell County, Harlan County in accordance with the Draft Detailed Project 
Report dated January 2002, Floyd County, Martin County, Johnson County, 
and Knox County, Kentucky, detailed project report, elements of the 
Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River: 
Provided further, That the Chief of Engineers is directed to use 
$17,048,000 of the funds provided herein for planning and design and 
construction of a rural health care facility on the Fort Berthold 
Reservation of the Three Affiliated Tribes, North Dakota: Provided 
further, That, except as provided in section 101 of this

[[Page 123 STAT. 603]]

Act, the amounts made available under this paragraph shall be expended 
as authorized in law for the projects and activities specified in the 
text and table under this heading in the explanatory statement described 
in section 4 (in the matter preceding division A of the consolidated 
Act).


                    Mississippi River and Tributaries


    For expenses necessary for flood damage reduction projects and 
related efforts in the Mississippi River alluvial valley below Cape 
Girardeau, Missouri, as authorized by law, $383,823,000, to remain 
available until expended, of which such sums as are necessary to cover 
the Federal share of eligible operation and maintenance costs for inland 
harbors shall be derived from the Harbor Maintenance Trust Fund: 
Provided, That the Chief of Engineers is directed to use $5,000,000 of 
the funds provided herein for design and real estate activities and pump 
supply elements for the Yazoo Basin, Yazoo Backwater Pumping Plant, 
Mississippi: Provided further, That the Secretary of the Army, acting 
through the Chief of Engineers is directed to use $8,000,000 
appropriated herein for construction of water withdrawal features of the 
Grand Prairie, Arkansas, project: Provided further, That, except as 
provided in section 101 of this Act, the amounts made available under 
this paragraph shall be expended as authorized in law for the projects 
and activities specified in the text and table under this heading in the 
explanatory statement described in section 4 (in the matter preceding 
division A of this consolidated Act).


                        operation and maintenance


    For expenses necessary for the operation, maintenance, and care of 
existing river and harbor, flood and storm damage reduction, aquatic 
ecosystem restoration, and related projects authorized by law; providing 
security for infrastructure owned or operated by the Corps, including 
administrative buildings and laboratories; maintaining harbor channels 
provided by a State, municipality, or other public agency that serve 
essential navigation needs of general commerce, where authorized by law; 
surveying and charting northern and northwestern lakes and connecting 
waters; clearing and straightening channels; and removing obstructions 
to navigation, $2,201,900,000, to remain available until expended, of 
which such sums as are necessary to cover the Federal share of eligible 
operation and maintenance costs for coastal harbors and channels, and 
for inland harbors shall be derived from the Harbor Maintenance Trust 
Fund; of which such sums as become available from the special account 
for the Corps established by the Land and Water Conservation Act of 
1965, as amended (16 U.S.C. 460l-6a(i)), shall be derived from that 
account for resource protection, research, interpretation, and 
maintenance activities related to resource protection in the areas at 
which outdoor recreation is available; and of which such sums as become 
available from fees collected under section 217 of the Water Resources 
Development Act of 1996 (Public Law 104-303), shall be used to cover the 
cost of operation and maintenance of the dredged material disposal 
facilities for which such fees have been collected: Provided, That of 
the amounts provided herein, not to exceed $500,000 is provided to the 
Secretary of the Army to reimburse travel expenses as provided for in 
section 9003(f) of the Water Resources Development

[[Page 123 STAT. 604]]

Act of 2007, Public Law 110-114 (121 Stat. 1289-1290): Provided further, 
That 2 percent of the total amount of funds provided for each of the 
programs, projects or activities funded under this heading shall not be 
allocated to a field operating activity prior to the beginning of the 
fourth quarter of the fiscal year and shall be available for use by the 
Chief of Engineers to fund such emergency activities as the Chief of 
Engineers determines to be necessary and appropriate; and that the Chief 
of Engineers shall allocate during the fourth quarter any remaining 
funds which have not been used for emergency activities proportionally 
in accordance with the amounts provided for the programs, projects or 
activities: Provided further, That, except as provided in section 101 of 
this Act, the amounts made available under this paragraph shall be 
expended as authorized in law for the projects and activities specified 
in the text and table under the heading in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act).


                           Regulatory Program


    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $183,000,000, to remain 
available until expended: Provided, That the Secretary of the Army, 
acting through the Chief of Engineers, may use up to $3,200,000 of the 
funds appropriated herein to reimburse the Port of Arlington, Gillam 
County, Oregon, for those direct construction costs determined by the 
Secretary to have been incurred by the Port as a result of and following 
issuance of the Department of the Army Regulatory Program permit for the 
construction of a commercial dock and offload facility at the Port in 
February 2007, including the removal of the commercial dock and offload 
facility.


             Formerly Utilized Sites Remedial Action Program


    For expenses necessary to clean up contamination from sites in the 
United States resulting from work performed as part of the Nation's 
early atomic energy program, $140,000,000, to remain available until 
expended.


                                Expenses


    For expenses necessary for the supervision and general 
administration of the civil works program in the headquarters of the 
United States Army Corps of Engineers, and the offices of the Division 
Engineers; and for the management and operation of the Humphreys 
Engineer Center Support Activity, the Institute for Water Resources, the 
United States Army Engineer Research and Development Center, and the 
United States Army Corps of Engineers Finance Center, $179,365,000, to 
remain available until expended, of which not to exceed $5,000 may be 
used for official reception and representation purposes and only during 
the current fiscal year: Provided, That no part of any other 
appropriation provided in title I of this Act shall be available to fund 
the civil works activities of the Office of the Chief of Engineers or 
the civil works executive direction and management activities of the 
division offices.

[[Page 123 STAT. 605]]

         office of assistant secretary of the army (civil works)


    For the Office of Assistant Secretary of the Army (Civil Works) as 
authorized by 10 U.S.C. 3016(b)(3), $4,500,000, to remain available 
until expended.


                        Administrative Provision


    The Revolving Fund, Corps of Engineers, shall be available during 
the current fiscal year for purchase (not to exceed 100 for replacement 
only) and hire of passenger motor vehicles for the civil works program.


              GENERAL PROVISIONS, Corps of Engineers--Civil


    Sec. 101. (a) None of the funds provided in title I of this Act, or 
provided by previous appropriations Acts to the agencies or entities 
funded in title I of this Act that remain available for obligation or 
expenditure in fiscal year 2009, shall be available for obligation or 
expenditure through a reprogramming of funds that:
            (1) creates or initiates a new program, project, or 
        activity;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel for any program, project, 
        or activity for which funds have been denied or restricted by 
        this Act, unless prior approval is received from the House and 
        Senate Committees on Appropriations;
            (4) proposes to use funds directed for a specific activity 
        for a different purpose, unless prior approval is received from 
        the House and Senate Committees on Appropriations;
            (5) augments or reduces existing programs, projects or 
        activities in excess of the amounts contained in subsections 6 
        through 10, unless prior approval is received from the House and 
        Senate Committees on Appropriations;
            (6) Investigations.--For a base level over $100,000, 
        reprogramming of 25 percent of the base amount up to a limit of 
        $150,000 per project, study or activity is allowed: Provided, 
        That for a base level less than $100,000, the reprogramming 
        limit is $25,000; Provided further, That up to $25,000 may be 
        reprogrammed into any continuing study or activity that did not 
        receive an appropriation for existing obligations and 
        concomitant administrative expenses;
            (7) Construction.--For a base level over $2,000,000, 
        reprogramming of 15 percent of the base amount up to a limit of 
        $3,000,000 per project, study or activity is allowed: Provided, 
        That for a base level less than $2,000,000, the reprogramming 
        limit is $300,000: Provided further, That up to $3,000,000 may 
        be reprogrammed for settled contractor claims, changed 
        conditions, or real estate deficiency judgments: Provided 
        further, That up to $300,000 may be reprogrammed into any 
        continuing study or activity that did not receive an 
        appropriation for existing obligations and concomitant 
        administrative expenses;
            (8) Operation and maintenance.--
        Unlimited <<NOTE: Reprogramming authority.>>  reprogramming 
        authority is granted in order for the Corps to be able to 
        respond to emergencies: <<NOTE: Notification.>>  Provided, That 
        the Chief of Engineers must notify the House and Senate 
        Committees on Appropriations of these emergency actions as soon 
        thereafter as practicable: Provided further, That for a base 
        level over $1,000,000,

[[Page 123 STAT. 606]]

        reprogramming of 15 percent of the base amount up to a limit of 
        $5,000,000 per project, study or activity is allowed: Provided 
        further, That for a base level less than $1,000,000, the 
        reprogramming limit is $150,000: Provided further, That $150,000 
        may be reprogrammed into any continuing study or activity that 
        did not receive an appropriation;
            (9) Mississippi river and tributaries.--The same 
        reprogramming guidelines for the Investigations, Construction, 
        and Operation and Maintenance portions of the Mississippi River 
        and Tributaries Account as listed above; and
            (10) Formerly utilized sites remedial action program.--
        Reprogramming of up to 15 percent of the base of the receiving 
        project is permitted.

    (b) Continuing Authorities Program.--Subsection (a)(1) shall not 
apply to any project or activity funded under the continuing authorities 
program.
    (c) Not <<NOTE: Deadline. Reports.>>  later than 60 days after the 
date of enactment of this Act, the Corps of Engineers shall submit a 
report to the House and Senate Committees on Appropriations to establish 
the baseline for application of reprogramming and transfer authorities 
for the current fiscal year: Provided, That the report shall include:
            (1) A table for each appropriation with a separate column to 
        display the President's budget request, adjustments made by 
        Congress, adjustments due to enacted rescissions, if 
        appropriate, and the fiscal year enacted level;
            (2) A delineation in the table for each appropriation both 
        by object class and program, project and activity as detailed in 
        the budget appendix for the respective appropriations; and
            (3) An identification of items of special congressional 
        interest: Provided further, That <<NOTE: Fines.>>  the amount 
        appropriated for salaries and expenses of the Corps of Engineers 
        shall be reduced by $100,000 per day for each day after the 
        required date that the report has not been submitted to the 
        Congress.

    Sec. 102. None of the funds in this Act, or previous Acts, making 
funds available for Energy and Water Development, shall be used to 
implement any pending or future competitive sourcing actions under OMB 
Circular A-76 or High Performing Organizations for the U.S. Army Corps 
of Engineers.
    Sec. 103.  None <<NOTE: Contracts.>>  of the funds made available in 
this title may be used to award or modify any contract that commits an 
amount for a project in excess of the amounts appropriated for that 
project that remain unobligated.

    Sec. 104. <<NOTE: Deadline. Reports.>>  Within 90 days of the date 
of the Chief of Engineers Report on a water resource matter, the 
Assistant Secretary of the Army (Civil Works) shall submit the report to 
the appropriate authorizing and appropriating committees of the 
Congress.

    Sec. 105. Water Reallocation, Lake Cumberland, Kentucky. (a) In 
General.--Subject to subsection (b), none of the funds made available by 
this Act may be used to carry out any water reallocation project or 
component under the Wolf Creek Project, Lake Cumberland, Kentucky, 
authorized under the Act of June 28, 1938 (52 Stat. 1215, ch. 795) and 
the Act of July 24, 1946 (60 Stat. 636, ch. 595).
    (b) Existing Reallocations.--Subsection (a) shall not apply to any 
water reallocation for Lake Cumberland, Kentucky, that is carried out 
subject to an agreement or payment schedule in effect on the date of 
enactment of this Act.

[[Page 123 STAT. 607]]

    Sec. 106. Section 121 of the Energy and Water Development 
Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 2256) is amended 
by striking subsection (a) and inserting the following:
    ``(a) Hereafter, the Secretary of the Army may carry out and fund 
planning studies, watershed surveys and assessments, or technical 
studies at 100 percent Federal expense to accomplish the purposes of the 
2003 Biological Opinion described in section 205(b) of the Energy and 
Water Development Appropriations Act, 2005 (Public Law 108-447; 118 
Stat. 2949) as amended by subsection (b) or any related subsequent 
biological opinion, and the collaborative program long-term 
plan. <<NOTE: Consultation.>>  In carrying out a study, survey, or 
assessment under this subsection, the Secretary of the Army shall 
consult with Federal, State, tribal and local governmental entities, as 
well as entities participating in the Middle Rio Grande Endangered 
Species Collaborative Program referred to in section 205 of this Act: 
Provided, That the Secretary of the Army may also provide planning and 
administrative assistance to the Middle Rio Grande Endangered Species 
Collaborative Program, which shall not be subject to cost sharing 
requirements with non-Federal interests.''.

    Sec. 107. <<NOTE: Contracts.>>  None of the funds in this Act, or 
previous Acts, making funds available for Energy and Water Development 
shall be used to award any continuing contract that commits additional 
funding from the Inland Waterway Trust Fund unless or until such time 
that a permanent solution to enhance revenues in the fund is enacted.

    Sec. 108. <<NOTE: Study.>>  The Secretary is authorized to conduct a 
study of the Missouri River Projects located within the Missouri River 
basin at a total cost of $25,000,000 with the express purpose to review 
the original project purposes based on the Flood Control Act of 1944, as 
amended, and other subsequent relevant legislation and judicial rulings 
to determine if changes to the authorized project purposes and existing 
Federal water resource infrastructure may be warranted: Provided, That 
this study shall be undertaken at full Federal expense.

    Sec. 109. Section 134 of Public Law 108-137 (117 Stat. 1842), as 
amended by section 128(b) of Public Law 109-103 (119 Stat. 2260), is 
further amended by striking ``$30,000,000'' wherever it appears and 
inserting ``$48,300,000'' in lieu thereof.
    Sec. 110. Section 101(a)(5) of the Water Resources Development Act 
of 1996 (110 Stat. 3663) is amended--
            (1) by inserting ``(A) In general.--'' before ``The''; and
            (2) by adding at the end the following:
                    ``(B) Credit toward non-federal share.--The 
                Secretary shall credit toward the non-Federal share of 
                the project the costs expended by non-Federal interests 
                for the replacement and reconstruction of the Soquel 
                Avenue Bridge.
                    ``(C) Maximum amount of credit.--The credit under 
                paragraph (B) may not exceed $2,000,000.
                    ``(D) Limitation of total project cost.--The 
                Secretary shall not include the costs to be credited 
                under paragraphs (B) and (C) in total project costs in 
                determining the amounts of the Federal and non-Federal 
                contributions.''.

    Sec. 111. The Missouri River Levee System (MRLS) Unit L-385 Project, 
Riverside, Missouri, authorized by the Flood Control Act of 1941, Public 
Law 77-228, and the Flood Control Act of

[[Page 123 STAT. 608]]

1944, Public Law 78-534, is modified to direct the Secretary, acting 
through the Chief of Engineers, to take such action as is necessary to 
correct deficiencies in the L-385 levee system in Riverside, Missouri at 
full Federal expense at a cost of no more than $7,000,000.
    Sec. 112. Section 115 of the Energy and Water Development and 
Related Agencies Appropriations Act, 2008 as contained in division C of 
Public Law 110-161, <<NOTE: 121 Stat. 1945.>>  is amended by striking 
``$20,000,000. The Secretary shall transfer this facility to the 
Secretary of the Interior for operation and maintenance upon the 
completion of construction.'' and inserting in lieu thereof, 
``$20,000,000: Provided, That the Secretary shall transfer ownership of 
this facility to the Secretary of Health and Human Services for 
operation and maintenance upon the completion of construction.''.

    Sec. 113. Section 103(c)(7) of the Water Resources Development Act 
of 1992 (106 Stat. 4811-12), as amended by section 117 of the Energy and 
Water Development Appropriations Act of 2006 (119 Stat. 2255), is 
further amended by striking ``15,000,000'' and inserting ``26,000,000''.
    Sec. 114. Section 3118 of Public Law 110-114 (121 Stat. 1137) is 
amended by--
            (1) in paragraph (b) by inserting after ``New Mexico'' the 
        following: ``in accordance with the plans recommended in the 
        feasibility report for the Middle Rio Grande Bosque, New Mexico, 
        scheduled for completion in December 2008'';
            (2) redesignating subsection (d) as subsection (e); and
            (3) inserting a new subsection (d):

    ``(d) Cost Sharing.--Any requirement for non-Federal participation 
in a project carried out in the bosque of Bernalillo County, New Mexico, 
pursuant to this section shall be limited to the provision of lands, 
easements, rights-of-way, relocations, and dredged material disposal 
areas necessary for construction, operation and maintenance of the 
project.''.
    Sec. 115. The non-Federal interest for the project referenced in 
section 3154 of the Water Resources Development Act of 2007 (Public Law 
110-114; 121 Stat. 1148) may carry out design and construction work on 
the project in advance of Federal appropriations or may provide funds 
directly to the Secretary for the Secretary to carry out such 
work: <<NOTE: Reimbursements.>>  Provided, That the Secretary of the 
Army shall reimburse the non-Federal interest for any costs incurred by 
the non-Federal interest that are in excess of the non-Federal share of 
total project costs subject to the availability of appropriations.

    Sec. 116. <<NOTE: Colorado.>>  The Colorado Department of Natural 
Resources is authorized to perform modifications of the facility 
(Chatfield Reservoir, Colorado), and any required mitigation which 
results from implementation of the project: Provided, That in carrying 
out the reassignment of storage space provided for in this section, the 
Secretary shall collaborate with the Colorado Department of Natural 
Resources and local interests to determine costs to be repaid for 
storage that reflects the limited reliability of the resources and the 
capability of non-Federal interests to make use of the reallocated 
storage space in Chatfield Reservoir, Colorado.

    Sec. 117. Section 117 of the Energy and Water Development and 
Related Agencies Appropriations Act, 2005, as contained in division C of 
Public Law 108-447, <<NOTE: 118 Stat. 2944.>>  is hereby repealed.

[[Page 123 STAT. 609]]

    Sec. 118. <<NOTE: Reassignment.>>  The Secretary of Army, acting 
through the Chief of Engineers, shall reassign the regulatory boundaries 
of the Chicago District to align with the existing civil works 
boundaries of the Chicago District.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project


                 central utah project completion account


    For carrying out activities authorized by the Central Utah Project 
Completion Act, $40,360,000, to remain available until expended, of 
which $987,000 shall be deposited into the Utah Reclamation Mitigation 
and Conservation Account for use by the Utah Reclamation Mitigation and 
Conservation Commission. In addition, for necessary expenses incurred in 
carrying out related responsibilities of the Secretary of the Interior, 
$1,640,000, to remain available until expended. For fiscal year 2009, 
the Commission may use an amount not to exceed $1,500,000 for 
administrative expenses.

                          Bureau of Reclamation

    The following appropriations shall be expended to execute authorized 
functions of the Bureau of Reclamation:


                       Water and Related Resources


                     (including transfers of funds)


    For management, development, and restoration of water and related 
natural resources and for related activities, including the operation, 
maintenance, and rehabilitation of reclamation and other facilities, 
participation in fulfilling related Federal responsibilities to Native 
Americans, and related grants to, and cooperative and other agreements 
with, State and local governments, federally recognized Indian tribes, 
and others, $920,259,000, to remain available until expended, of which 
$46,655,000 shall be available for transfer to the Upper Colorado River 
Basin Fund and $24,962,000 shall be available for transfer to the Lower 
Colorado River Basin Development Fund; of which such amounts as may be 
necessary may be advanced to the Colorado River Dam Fund; of which not 
more than $500,000 is for high priority projects which shall be carried 
out by the Youth Conservation Corps, as authorized by 16 U.S.C. 1706: 
Provided, That such transfers may be increased or decreased within the 
overall appropriation under this heading: Provided further, That of the 
total appropriated, the amount for program activities that can be 
financed by the Reclamation Fund or the Bureau of Reclamation special 
fee account established by 16 U.S.C. 460l-6a(i) shall be derived from 
that Fund or account: Provided further, That funds contributed under 43 
U.S.C. 395 are available until expended for the purposes for which 
contributed: Provided further, That funds advanced under 43 U.S.C. 397a 
shall be credited to this account and are available until expended for 
the same purposes as the sums appropriated under this heading: Provided 
further,

[[Page 123 STAT. 610]]

That funds available for expenditure for the Departmental Irrigation 
Drainage Program may be expended by the Bureau of Reclamation for site 
remediation on a nonreimbursable basis: Provided further, That funds 
provided for the Friant-Kern and Madera Canals improvements may be 
expended on a non-reimbursable basis: Provided further, That $4,000,000 
of the funds appropriated under this heading shall be deposited in the 
San Gabriel Basin Restoration Fund established by section 110 of title I 
of appendix D of Public Law 106-554: Provided further, That, except as 
provided in section 201 of this Act, the amounts made available under 
this paragraph shall be expended as authorized in law for the projects 
and activities specified in the text and table under this heading in the 
explanatory statement described in section 4 (in the matter preceding 
division A of this consolidated Act).


                 Central Valley Project Restoration Fund


    For carrying out the programs, projects, plans, habitat restoration, 
improvement, and acquisition provisions of the Central Valley Project 
Improvement Act, $56,079,000, to be derived from such sums as may be 
collected in the Central Valley Project Restoration Fund pursuant to 
sections 3407(d), 3404(c)(3), 3405(f), and 3406(c)(1) of Public Law 102-
575, to remain available until expended: Provided, That the Bureau of 
Reclamation is directed to assess and collect the full amount of the 
additional mitigation and restoration payments authorized by section 
3407(d) of Public Law 102-575: Provided further, That none of the funds 
made available under this heading may be used for the acquisition or 
leasing of water for in-stream purposes if the water is already 
committed to in-stream purposes by a court adopted decree or order.


                    California Bay-Delta Restoration


                     (including transfers of funds)


    For carrying out activities authorized by the Water Supply, 
Reliability, and Environmental Improvement Act, consistent with plans to 
be approved by the Secretary of the Interior, $40,000,000, to remain 
available until expended, of which such amounts as may be necessary to 
carry out such activities may be transferred to appropriate accounts of 
other participating Federal agencies to carry out authorized purposes: 
Provided, That funds appropriated herein may be used for the Federal 
share of the costs of CALFED Program management: Provided further, That 
the use of any funds provided to the California Bay-Delta Authority for 
program-wide management and oversight activities shall be subject to the 
approval of the Secretary of the Interior: Provided further, That CALFED 
implementation shall be carried out in a balanced manner with clear 
performance measures demonstrating concurrent progress in achieving the 
goals and objectives of the Program.


                        policy and administration


                      (including transfer of funds)


    For necessary expenses of policy, administration, and related 
functions in the Office of the Commissioner, the Denver office, and 
offices in the five regions of the Bureau of Reclamation, to remain 
available until expended, $59,400,000, to be derived from

[[Page 123 STAT. 611]]

the Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 
377: Provided, That no part of any other appropriation in this Act shall 
be available for activities or functions budgeted as policy and 
administration expenses: <<NOTE: Transfer date. Budget plan.>>  Provided 
further, That, of the funds provided under this heading, $10,000,000 
shall be transferred to ``Water and Related Resources'' upon the 
expiration of the 90-day period following the date of enactment of this 
Act if during such period, the Secretary of the Interior has not 
submitted to the Committees on Appropriations of the House of 
Representatives and the Senate the Bureau of Reclamation's five-year 
budget plan.


                        ADMINISTRATIVE PROVISION


    Appropriations for the Bureau of Reclamation shall be available for 
purchase of not to exceed seven passenger motor vehicles, which are for 
replacement only.

             General Provisions, Department of the Interior

    Sec. 201. (a) None of the funds provided in title II of this Act for 
Water and Related Resources, or provided by previous appropriations Acts 
to the agencies or entities funded in title II of this Act for Water and 
Related Resources that remain available for obligation or expenditure in 
fiscal year 2009, shall be available for obligation or expenditure 
through a reprogramming of funds that--
            (1) initiates or creates a new program, project, or 
        activity;
            (2) eliminates a program, project, or activity;
            (3) increases funds for any program, project, or activity 
        for which funds have been denied or restricted by this Act, 
        unless prior approval is received from the Committees on 
        Appropriations of the House of Representatives and the Senate;
            (4) restarts or resumes any program, project or activity for 
        which funds are not provided in this Act, unless prior approval 
        is received from the Committees on Appropriations of the House 
        of Representatives and the Senate;
            (5) transfers funds in excess of the following limits, 
        unless prior approval is received from the Committees on 
        Appropriations of the House of Representatives and the Senate:
                    (A) 15 percent for any program, project or activity 
                for which $2,000,000 or more is available at the 
                beginning of the fiscal year; or
                    (B) $300,000 for any program, project or activity 
                for which less than $2,000,000 is available at the 
                beginning of the fiscal year;
            (6) transfers more than $500,000 from either the Facilities 
        Operation, Maintenance, and Rehabilitation category or the 
        Resources Management and Development category to any program, 
        project, or activity in the other category, unless prior 
        approval is received from the Committees on Appropriations of 
        the House of Representatives and the Senate; or
            (7) transfers, where necessary to discharge legal 
        obligations of the Bureau of Reclamation, more than $5,000,000 
        to provide adequate funds for settled contractor claims, 
        increased contractor earnings due to accelerated rates of 
        operations, and real estate deficiency judgments, unless prior 
        approval is

[[Page 123 STAT. 612]]

        received from the Committees on Appropriations of the House of 
        Representatives and the Senate.

    (b) Subsection (a)(5) shall not apply to any transfer of funds 
within the Facilities Operation, Maintenance, and Rehabilitation 
category.
    (c) For <<NOTE: Definition.>>  purposes of this section, the term 
``transfer'' means any movement of funds into or out of a program, 
project, or activity.

    (d) The <<NOTE: Reports. Deadlines.>>  Bureau of Reclamation shall 
submit reports on a quarterly basis to the Committees on Appropriations 
of the House of Representatives and the Senate detailing all the funds 
reprogrammed between programs, projects, activities, or categories of 
funding. <<NOTE: Deadline.>>  The first quarterly report shall be 
submitted not later than 60 days after the date of enactment of this 
Act.

    Sec. 202. (a) <<NOTE: California. Drainage plan.>>  None of the 
funds appropriated or otherwise made available by this Act may be used 
to determine the final point of discharge for the interceptor drain for 
the San Luis Unit until development by the Secretary of the Interior and 
the State of California of a plan, which shall conform to the water 
quality standards of the State of California as approved by the 
Administrator of the Environmental Protection Agency, to minimize any 
detrimental effect of the San Luis drainage waters.

    (b) The costs of the Kesterson Reservoir Cleanup Program and the 
costs of the San Joaquin Valley Drainage Program shall be classified by 
the Secretary of the Interior as reimbursable or nonreimbursable and 
collected until fully repaid pursuant to the ``Cleanup Program-
Alternative Repayment Plan'' and the ``SJVDP-Alternative Repayment 
Plan'' described in the report entitled ``Repayment Report, Kesterson 
Reservoir Cleanup Program and San Joaquin Valley Drainage Program, 
February 1995'', prepared by the Department of the Interior, Bureau of 
Reclamation. Any future obligations of funds by the United States 
relating to, or providing for, drainage service or drainage studies for 
the San Luis Unit shall be fully reimbursable by San Luis Unit 
beneficiaries of such service or studies pursuant to Federal reclamation 
law.
    Sec. 203. <<NOTE: New Mexico.>>  None of the funds appropriated or 
otherwise made available by this or any other Act may be used to pay the 
salaries and expenses of personnel to purchase or lease water in the 
Middle Rio Grande or the Carlsbad Projects in New Mexico unless said 
purchase or lease is in compliance with the purchase requirements of 
section 202 of Public Law 106-60.

    Sec. 204. Funds under this title for Drought Emergency Assistance 
shall be made available primarily for leasing of water for specified 
drought related purposes from willing lessors, in compliance with 
existing State laws and administered under State water priority 
allocation.
    Sec. 205. <<NOTE: Grants. Contracts.>>  The Secretary of the 
Interior, acting through the Commissioner of the Bureau of Reclamation, 
is authorized to enter into grants, cooperative agreements, and other 
agreements with irrigation or water districts and States to fund up to 
50 percent of the cost of planning, designing, and constructing 
improvements that will conserve water, increase water use efficiency, or 
enhance water management through measurement or automation, at existing 
water supply projects within the States identified in the Act of June 
17, 1902, as amended, and supplemented: Provided, That when such 
improvements are to federally owned facilities, such funds may be 
provided in advance on a nonreimbursable basis to an entity operating 
affected transferred works or may

[[Page 123 STAT. 613]]

be deemed nonreimbursable for nontransferred works: Provided further, 
That the calculation of the non-Federal contribution shall provide for 
consideration of the value of any in-kind contributions, but shall not 
include funds received from other Federal agencies: Provided further, 
That the cost of operating and maintaining such improvements shall be 
the responsibility of the non-Federal entity: Provided further, That 
this section shall not supercede any existing project-specific funding 
authority: <<NOTE: Grants. Contracts.>>  Provided further, That the 
Secretary is also authorized to enter into grants or cooperative 
agreements with universities or nonprofit research institutions to fund 
water use efficiency research.

    Sec. 206. (a) Section 209 of the Energy and Water Development 
Appropriations Act, 2004 (Public Law 108-137; 117 Stat. 1850) is 
repealed.
    (b) The <<NOTE: Establishment.>>  Secretary of the Interior 
(referred to in this section as the ``Secretary'') shall establish and 
maintain an Executive Committee of the Middle Rio Grande Endangered 
Species Collaborative Program (referred to in this section as the 
``Executive Committee'') consistent with the bylaws of the Middle Rio 
Grande Endangered Species Collaborative Program adopted on October 2, 
2006.

    (c) Hereafter, in compliance with applicable Federal and State laws, 
the Secretary (acting through the Commissioner of Reclamation), in 
collaboration with the Executive Committee, may enter into any grants, 
contracts, cooperative agreements, interagency agreements, or other 
agreements that the Secretary determines to be necessary to comply with 
the 2003 Biological Opinion described in section 205(b) of the Energy 
and Water Development Appropriations Act, 2005 (Public Law 108-447; 118 
Stat. 2949) as amended by section 121(b) of the Energy and Water 
Development Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 
2256) or any related subsequent biological opinion or in furtherance of 
the objectives set forth in the collaborative program long-term plan.
    (d)(1) The acquisition of water under subsection (c) and any 
administrative costs associated with carrying out subsection (c) shall 
be at full Federal expense.
    (2) Not more than 15 percent of amounts appropriated to carry out 
subsection (c) shall be made available for the payment of administrative 
expenses associated with carrying out that subsection.
    (e)(1) The non-Federal share of activities carried out under 
subsection (c) (other than an activity or a cost described in subsection 
(d)(1)) shall be 25 percent. The non-Federal cost share shall be 
determined on a programmatic, rather than a project-by-project basis.
    (2) The non-Federal share required under paragraph (1) may be in the 
form of in-kind contributions, the value of which shall be determined by 
the Secretary in consultation with the executive committee.
    (f) Nothing in this section modifies or expands the discretion of 
the Secretary with respect to operating reservoir facilities under the 
jurisdiction of the Secretary in the Rio Grande Valley, New Mexico.
    Sec. 207. Section 208 of the Energy and Water Development and 
Related Agencies Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 
1953) is amended--
            (1) in subsection (a)--

[[Page 123 STAT. 614]]

                    (A) in paragraph (2)(B), by inserting ``, as 
                determined by the nonprofit conservation organization'' 
                after ``Lake''; and
                    (B) in paragraph (4), by striking ``retirement of 
                water rights'' and all that follows through the 
                semicolon at the end and inserting ``retirement of water 
                rights;''; and
            (2) in subsection (b), by striking ``June 30, 2010'' and 
        inserting ``June 30, 2012''.

    Sec. 208. <<NOTE: Nevada.>>  Notwithstanding any other provision of 
law, of amounts made available under section 2507 of the Farm Security 
and Rural Investment Act of 2002 (43 U.S.C. 2211 note; Public Law 107-
171), the Secretary of the Interior acting through the Commissioner of 
Reclamation, shall allocate--
            (1) $300,000 to the Desert Research Institute for LIDAR 
        acquisition data in the Walker River Basin, to supplement water 
        rights research and data funded under section 208(a)(1) of the 
        Energy and Water Development Appropriations Act, 2006 (Public 
        Law 109-103; 119 Stat. 2268); and
            (2) $300,000 <<NOTE: Fish and fishing.>>  to the Director of 
        the United States Fish and Wildlife Service to conduct a 
        multiyear assessment of and monitoring of the ability of west 
        central Nevada lakes to support migratory loons, and 
        identification of wintering areas and annual range of loons 
        using Walker Lake during migration.

                                TITLE III

                          DEPARTMENT OF ENERGY

                             ENERGY PROGRAMS

                 Energy Efficiency and Renewable Energy

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for energy efficiency and renewable energy activities 
in carrying out the purposes of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation 
of any real property or any facility or for plant or facility 
acquisition, construction, or expansion, and the purchase of not to 
exceed two passenger vehicles for replacement, $1,928,540,000, to remain 
available until expended: Provided, That, of the amount appropriated in 
this paragraph, $228,803,380 shall be used for projects specified in the 
table that appears under the heading ``Congressionally Directed Energy 
Efficiency and Renewable Energy Projects'' in the text and table under 
this heading in the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act).

               Electricity Delivery and Energy Reliability

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for electricity delivery and energy reliability 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $137,000,000, to 
remain available until expended: Provided, That,

[[Page 123 STAT. 615]]

of the amount appropriated in this paragraph, $19,648,475 shall be used 
for projects specified in the table that appears under the heading 
``Congressionally Directed Electricity Delivery and Energy Reliability 
Projects'' in the text and table under this heading in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act).

                             Nuclear Energy


                      (including transfer of funds)


    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for nuclear energy activities in carrying out the 
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et 
seq.), including the acquisition or condemnation of any real property or 
any facility or for plant or facility acquisition, construction, or 
expansion, and the purchase of not to exceed 29 passenger motor 
vehicles, including three new buses and 26 replacement vehicles, 
including one ambulance, $792,000,000, to remain available until 
expended: Provided, That, of the amount appropriated in this paragraph, 
$2,854,500 shall be used for projects specified in the table that 
appears under the heading ``Congressionally Directed Nuclear Energy 
Projects'' in the text and table under this heading in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act).


                          Clean Coal Technology


                      (including transfer of funds)


    Of the funds made available under this heading for obligation in 
prior years, $149,000,000 of uncommitted balances are transferred to 
Fossil Energy Research and Development to be used until expended: 
Provided, That funds made available in previous appropriations Acts 
shall be made available for any ongoing project regardless of the 
separate request for proposal under which the project was selected.

                 Fossil Energy Research and Development


                      (including transfer of funds)


    For necessary expenses in carrying out fossil energy research and 
development activities, under the authority of the Department of Energy 
Organization Act (Public Law 95-91), including the acquisition of 
interest, including defeasible and equitable interests in any real 
property or any facility or for plant or facility acquisition or 
expansion, and for conducting inquiries, technological investigations 
and research concerning the extraction, processing, use, and disposal of 
mineral substances without objectionable social and environmental costs 
(30 U.S.C. 3, 1602, and 1603), $876,320,000, to remain available until 
expended, of which $149,000,000 shall be derived by transfer from 
``Clean Coal Technology'': Provided, That of the amounts provided, 
$288,174,000 is available for the Clean Coal Power Initiative Round III 
solicitation, pursuant to title IV of the Public Law 109-58: Provided 
further, That funds appropriated for prior solicitations under the Clean 
Coal Technology Program, Power Plant Improvement Initiative, Clean Coal 
Power

[[Page 123 STAT. 616]]

Initiative, and FutureGen, but not required by the Department to meet 
its obligations on projects selected under such solicitations, may be 
utilized for the Clean Coal Power Initiative Round III solicitation 
under this Act in accordance with the requirements of this Act rather 
than the Acts under which the funds were appropriated: Provided further, 
That no Clean Coal Power Initiative project may be selected for which 
full funding is not available to provide for the total 
project: <<NOTE: Deadline. 42 USC 15965.>>  Provided further, That if a 
Clean Coal Power Initiative project selected after enactment of this 
legislation for negotiation under this or any other Act in any fiscal 
year, is not awarded within 2 years from the date the application was 
selected, negotiations shall cease and the Federal funds committed to 
the application shall be retained by the Department for future coal-
related research, development and demonstration projects, except that 
the time limit may be extended at the Secretary's discretion for matters 
outside the control of the applicant, or if the Secretary determines 
that extension of the time limit is in the public interest: Provided 
further, That the Secretary may not delegate this responsibility for 
applications greater than $10,000,000: Provided further, That financial 
assistance for costs in excess of those estimated as of the date of 
award of original Clean Coal Power Initiative financial assistance may 
not be provided in excess of the proportion of costs borne by the 
Government in the original agreement and shall be limited to 25 percent 
of the original financial assistance: Provided further, That funds shall 
be expended in accordance with the provisions governing the use of funds 
contained under the heading ``Clean Coal Technology'' in 42 U.S.C. 5903d 
as well as those contained under the heading ``Clean Coal Technology'' 
in prior appropriations: Provided further, That any technology selected 
under these programs shall be considered a Clean Coal Technology, and 
any project selected under these programs shall be considered a Clean 
Coal Technology Project, for the purposes of 42 U.S.C. 7651n, and 
chapters 51, 52, and 60 of title 40 of the Code of Federal Regulations: 
Provided further, That funds available for the Clean Coal Power 
Initiative Round III Funding Opportunity Announcement may be used to 
support any technology that meets the requirements of the Round III 
Announcement relating to carbon capture and storage or other beneficial 
uses of CO<INF>2</INF>, without regard to the 70 and 30 percent funding 
allocations specified in section 402(b)(1)(A) and 402(b)(2)(A) of Public 
Law 109-58: Provided further, That no part of the sum herein made 
available shall be used for the field testing of nuclear explosives in 
the recovery of oil and gas: Provided further, That, of the amount 
appropriated in this paragraph, $43,864,150 shall be used for projects 
specified in the table that appears under the heading ``Congressionally 
Directed Fossil Energy Projects'' in the text and table under this 
heading in the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act).

                 Naval Petroleum and Oil Shale Reserves

    For expenses necessary to carry out naval petroleum and oil shale 
reserve activities, including the hire of passenger motor vehicles, 
$19,099,000, to remain available until expended: Provided, That, 
notwithstanding any other provision of law, unobligated funds

[[Page 123 STAT. 617]]

remaining from prior years shall be available for all naval petroleum 
and oil shale reserve activities.

                       Strategic Petroleum Reserve

    For necessary expenses for Strategic Petroleum Reserve facility 
development and operations and program management activities pursuant to 
the Energy Policy and Conservation Act of 1975, as amended (42 U.S.C. 
6201 et seq.), $205,000,000, to remain available until expended, of 
which $31,507,000 shall be provided to initiate new site expansion 
activities, beyond land acquisition, consistent with the budget 
request: <<NOTE: Reports. Deadline.>>  Provided, That none of the funds 
provided for new site expansion activities may be obligated or expended 
for authorized activities until the Secretary has submitted a report to 
the Congress on the effects of expansion of the Reserve on the domestic 
petroleum market, which is required to be submitted within 45 days of 
enactment of this Act.

                   Northeast Home Heating Oil Reserve

    For necessary expenses for Northeast Home Heating Oil Reserve 
storage, operation, and management activities pursuant to the Energy 
Policy and Conservation Act, $9,800,000, to remain available until 
expended.

                    Energy Information Administration

    For necessary expenses in carrying out the activities of the Energy 
Information Administration, $110,595,000, to remain available until 
expended.

                    Non-Defense Environmental Cleanup

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for non-defense environmental cleanup activities in 
carrying out the purposes of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of 
any real property or any facility or for plant or facility acquisition, 
construction, or expansion, $261,819,000, to remain available until 
expended: <<NOTE: Contracts.>>  Provided, That the appropriation 
includes funds for environmental remediation activities associated with 
the Energy Technology and Engineering Center (ETEC) at the Santa Susana 
Field Laboratory (SSFL), subject to the following: (1) the Department 
shall use a portion of this funding to enter into an interagency 
agreement with the Environmental Protection Agency (EPA) regarding a 
comprehensive radioactive site characterization of Area IV of the SSFL 
and (2) the Department shall provide the amount required by EPA for the 
radioactive site characterization in fiscal year 2009 from within the 
available funds: Provided further, That of the amounts provided, 
$5,000,000 is available for necessary expenses for the purpose of 
carrying out remedial actions under this title at real property in the 
vicinity of the Tuba City processing site designated in section 
102(a)(1), of the Uranium Mill Tailings Radiation Control Act of 1978 
(Public Law 95-604, as amended; 42 U.S.C. 7901, et seq.), 
notwithstanding section 112 of that Act, at a dump site immediately 
adjacent to the north-northwest section of the Tuba City processing 
site, and

[[Page 123 STAT. 618]]

on the north side of Highway 160: Provided further, That, of the amount 
appropriated in this paragraph, $4,757,500 shall be used for projects 
specified in the table that appears under the heading ``Congressionally 
Directed Non-Defense Environmental Cleanup Projects'' in the text and 
table under this heading in the explanatory statement described in 
section 4 (in the matter preceding division A of this consolidated Act).

       Uranium Enrichment Decontamination and Decommissioning Fund

    For necessary expenses in carrying out uranium enrichment facility 
decontamination and decommissioning, remedial actions, and other 
activities of title II of the Atomic Energy Act of 1954, and title X, 
subtitle A, of the Energy Policy Act of 1992, $535,503,000, to be 
derived from the Uranium Enrichment Decontamination and Decommissioning 
Fund, to remain available until expended, of which $10,000,000 shall be 
available in accordance with title X, subtitle A, of the Energy Policy 
Act of 1992.

                                 Science

    For Department of Energy expenses including the purchase, 
construction and acquisition of plant and capital equipment, and other 
expenses necessary for science activities in carrying out the purposes 
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or 
facility or for plant or facility acquisition, construction, or 
expansion, and purchase of not to exceed 49 passenger motor vehicles for 
replacement only, including one law enforcement vehicle, one ambulance, 
and three buses, $4,772,636,000, to remain available until expended: 
Provided, That, of the amount appropriated in this paragraph, 
$93,686,593 shall be used for projects specified in the table that 
appears under the heading ``Congressionally Directed Science Projects'' 
in the text and table under this heading in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act).

Nuclear Waste <<NOTE: Nevada.>>  Disposal

    For nuclear waste disposal activities to carry out the purposes of 
the Nuclear Waste Policy Act of 1982, Public Law 97-425, as amended (the 
``NWPA''), including the acquisition of real property or facility 
construction or expansion, $145,390,000, to remain available until 
expended, and to be derived from the Nuclear Waste Fund: Provided, That 
of the funds made available in this Act for Nuclear Waste Disposal, 
$5,000,000 shall be provided to the Office of the Attorney General of 
the State of Nevada solely for expenditures, other than salaries and 
expenses of State employees, to conduct scientific oversight 
responsibilities and participate in licensing activities pursuant to the 
Act: Provided further, That notwithstanding the lack of a written 
agreement with the State of Nevada under section 117(c) of the NWPA, 
$1,000,000 shall be provided to Nye County, Nevada, for on-site 
oversight activities under section 117(d) of that Act: Provided further, 
That $9,000,000 shall be provided to affected units of local government, 
as defined in the NWPA, to conduct appropriate activities and 
participate in licensing activities: <<NOTE: California.>>  Provided 
further, That of the $9,000,000

[[Page 123 STAT. 619]]

provided 7.5 percent of the funds provided shall be made available to 
affected units of local government in California with the balance made 
available to affected units of local government in Nevada for 
distribution as determined by the Nevada units of local government: 
Provided further, That this funding shall be provided to affected units 
of local government, as defined in the NWPA: <<NOTE: Native 
Americans.>>  Provided further, That $500,000 shall be provided to the 
Timbisha-Shoshone Tribe solely for expenditures, other than salaries and 
expenses of tribal employees, to conduct appropriate activities and 
participate in licensing activities under section 118(b) of the NWPA: 
Provided further, That notwithstanding the provisions of chapters 65 and 
75 of title 31, United States Code, the Department shall have no 
monitoring, auditing or other oversight rights or responsibilities over 
amounts provided to affected units of local government: Provided 
further, That the funds for the State of Nevada shall be made available 
solely to the Office of the Attorney General by direct payment and to 
units of local government by direct payment: Provided further, 
That <<NOTE: Deadline. Certification.>>  within 90 days of the 
completion of each Federal fiscal year, the Office of the Attorney 
General of the State of Nevada and each of the affected units of local 
government shall provide certification to the Department of Energy that 
all funds expended from such payments have been expended for activities 
authorized by the NWPA and this Act: Provided further, That failure to 
provide such certification shall cause such entity to be prohibited from 
any further funding provided for similar activities: Provided further, 
That <<NOTE: Lobbying.>>  none of the funds herein appropriated may be: 
(1) used directly or indirectly to influence legislative action, except 
for normal and recognized executive-legislative communications, on any 
matter pending before Congress or a State legislature or for lobbying 
activity as provided in 18 U.S.C. 1913; (2) used for litigation 
expenses; or (3) used to support multi-State efforts or other coalition 
building activities inconsistent with the restrictions contained in this 
Act: Provided further, That all proceeds and recoveries realized by the 
Secretary in carrying out activities authorized by the NWPA, including 
but not limited to, any proceeds from the sale of assets, shall be 
available without further appropriation and shall remain available until 
expended: Provided further, That no funds provided in this Act or any 
previous Act may be used to pursue repayment or collection of funds 
provided in any fiscal year to affected units of local government for 
oversight activities that had been previously approved by the Department 
of Energy, or to withhold payment of any such funds: Provided further, 
That, of the amount appropriated in this paragraph, $1,855,425 shall be 
used for projects specified in the table that appears under the heading 
``Congressionally Directed Nuclear Waste Disposal Projects'' in the text 
and table under this heading in the explanatory statement described in 
section 4 (in the matter preceding division A of this consolidated Act).

          Title 17 Innovative Technology Loan Guarantee Program

    Subject to section 502 of the Congressional Budget Act of 1974, 
commitments to guarantee loans under title XVII of the Energy Policy Act 
of 2005, shall not exceed a total principal amount of $47,000,000,000 
for eligible projects, to remain available until committed, and of which 
$18,500,000,000 shall be for nuclear power facilities: Provided, That 
these amounts are in addition to the

[[Page 123 STAT. 620]]

authority provided under section 20320 of Division B of Public Law 109-
289, as amended by Public Law 110-5: Provided further, That such sums as 
are derived from amounts received from borrowers pursuant to section 
1702(b)(2) of the Energy Policy Act of 2005 under this heading in this 
and prior Acts, shall be collected in accordance with section 502(7) of 
the Congressional Budget Act of 1974: Provided further, That the source 
of such payment received from borrowers is not a loan or other debt 
obligation that is guaranteed by the Federal Government: Provided 
further, That pursuant to section 1702(b)(2) of the Energy Policy Act of 
2005, no appropriations are available to pay the subsidy cost of such 
guarantees: Provided further, That for necessary administrative expenses 
to carry out this Loan Guarantee program, $19,880,000 is appropriated, 
to remain available until expended: Provided further, That $19,880,000 
of the fees collected pursuant to section 1702(h) of the Energy Policy 
Act of 2005 shall be credited as offsetting collections to this account 
to cover administrative expenses and shall remain available until 
expended, so as to result in a final fiscal year 2009 appropriations 
from the general fund estimated at not more than $0: <<NOTE: Effective 
date. Implementation plan.>>  Provided further, That none of the funds 
made available in this Act shall be available for the execution of a new 
solicitation with respect to such guaranteed loans until 30 days after 
the Department of Energy has submitted to the Committees on 
Appropriations of the House of Representatives and the Senate a loan 
guarantee implementation plan that defines the proposed award levels and 
eligible technologies: Provided further, That none of the loan guarantee 
authority made available in this Act shall be available for commitments 
to guarantee loans for any projects where funds, personnel, or property 
(tangible or intangible) of any Federal agency, instrumentality, 
personnel or affiliated entity are expected to be used (directly or 
indirectly) through acquisitions, contracts, demonstrations, exchanges, 
grants, incentives, leases, procurements, sales, other transaction 
authority, or other arrangements, to support the project or to obtain 
goods or services from the project: Provided further, That the previous 
proviso shall not be interpreted as precluding the use of the loan 
guarantee authority in this Act for commitments to guarantee loans for 
projects as a result of such projects benefiting from (a) otherwise 
allowable Federal income tax benefits; (b) being located on Federal land 
pursuant to a lease or right-of-way agreement for which all 
consideration for all uses is (i) paid exclusively in cash, (ii) 
deposited in the Treasury as offsetting receipts, and (iii) equal to the 
fair market value as determined by the head of the relevant Federal 
agency; (c) Federal insurance programs, including Price-Anderson; or (d) 
for electric generation projects, use of transmission facilities owned 
or operated by a Federal Power Marketing Administration or the Tennessee 
Valley Authority that have been authorized, approved, and financed 
independent of the project receiving the guarantee: Provided further, 
That <<NOTE: Certification.>>  none of the loan guarantee authority made 
available in this Act shall be available for any project unless the 
Director of the Office of Management and Budget has certified in advance 
in writing that the loan guarantee and the project comply with the 
provisions under this title.

[[Page 123 STAT. 621]]

                       Departmental Administration


                      (including transfer of funds)


    For salaries and expenses of the Department of Energy necessary for 
departmental administration in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the hire of passenger motor vehicles and official reception 
and representation expenses not to exceed $30,000, $272,643,000, to 
remain available until expended, plus such additional amounts as 
necessary to cover increases in the estimated amount of cost of work for 
others notwithstanding the provisions of the Anti-Deficiency Act (31 
U.S.C. 1511 et seq.): Provided, That such increases in cost of work are 
offset by revenue increases of the same or greater amount, to remain 
available until expended: Provided further, That moneys received by the 
Department for miscellaneous revenues estimated to total $117,317,000 in 
fiscal year 2009 may be retained and used for operating expenses within 
this account, and may remain available until expended, as authorized by 
section 201 of Public Law 95-238, notwithstanding the provisions of 31 
U.S.C. 3302: Provided further, That the sum herein appropriated shall be 
reduced by the amount of miscellaneous revenues received during 2009, 
and any related appropriated receipt account balances remaining from 
prior years' miscellaneous revenues, so as to result in a final fiscal 
year 2009 appropriation from the general fund estimated at not more than 
$155,326,000.

                     Office of the Inspector General

    For necessary expenses of the Office of the Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $51,927,000, to remain available until expended.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration

                           Weapons Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense weapons 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, the purchase of not to 
exceed two passenger motor vehicles, and one ambulance; $6,380,000,000, 
to remain available until expended: Provided, That $19,300,000 is 
authorized to be appropriated for the 09-D-007 LANSCE Refurbishment, 
PED, Los Alamos National Laboratory, Los Alamos, New Mexico: Provided 
further, That, of the amount appropriated in this paragraph, $22,836,000 
shall be used for projects specified in the table that appears under the 
heading ``Congressionally Directed Weapons Activities Projects'' in the 
text and table under this heading in the explanatory statement described 
in section 4 (in the matter preceding division A of this consolidated 
Act).

[[Page 123 STAT. 622]]

                    Defense Nuclear Nonproliferation

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for defense nuclear nonproliferation 
activities, in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, and the purchase of 
not to exceed one passenger motor vehicle for replacement only, 
$1,482,350,000, to remain available until expended: Provided, That, of 
the amount appropriated in this paragraph, $1,903,000 shall be used for 
projects specified under the heading ``Congressionally Directed Defense 
Nuclear Nonproliferation Projects'' in the text and table under this 
heading in the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act).

                             Naval Reactors

    For Department of Energy expenses necessary for naval reactors 
activities to carry out the Department of Energy Organization Act (42 
U.S.C. 7101 et seq.), including the acquisition (by purchase, 
condemnation, construction, or otherwise) of real property, plant, and 
capital equipment, facilities, and facility expansion, $828,054,000, to 
remain available until expended.

                       Office of the Administrator

    For necessary expenses of the Office of the Administrator in the 
National Nuclear Security Administration, including official reception 
and representation expenses not to exceed $12,000, $439,190,000, to 
remain available until expended: Provided, That, of the amount 
appropriated in this paragraph, $23,311,750 shall be used for the 
projects specified in the table that appears under the heading 
``Congressionally Directed Office of the Administrator (NNSA) Projects'' 
in the text and table under this heading in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act).

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                      Defense Environmental Cleanup


                      (including transfer of funds)


    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense environmental cleanup 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, and the purchase of 
not to exceed four ambulances and three passenger motor vehicles for 
replacement only, $5,657,250,000, to remain available until expended, of 
which $463,000,000 shall be transferred to the ``Uranium Enrichment 
Decontamination and Decommissioning Fund'': Provided, That, of the 
amount appropriated in this

[[Page 123 STAT. 623]]

paragraph, $17,908,391 shall be used for projects specified in the table 
that appears under the heading ``Congressionally Directed Defense 
Environmental Cleanup Projects'' in the text and table under this 
heading in the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act).

                        Other Defense Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses, necessary for atomic energy defense, other defense activities, 
and classified activities, in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion, and the purchase of not to exceed 10 passenger motor vehicles 
for replacement only, $1,314,063,000, to remain available until 
expended: Provided, That of the funds provided herein, $487,008,000 is 
for project 99-D-143 Mixed Oxide Fuel Fabrication Facility, Savannah 
River Site, South Carolina: Provided further, That the Department of 
Energy adhere strictly to Department of Energy Order 413.3A for Project 
99-D-143: Provided further, That, of the amount appropriated in this 
paragraph, $999,075 shall be used for projects specified in the table 
that appears under the heading ``Congressionally Directed Other Defense 
Activities Projects'' in the text and table under this heading in the 
explanatory statement described in section 4 (in the matter preceding 
division A of this consolidated Act).

                     Defense Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the purposes of 
Public Law 97-425, as amended, including the acquisition of real 
property or facility construction or expansion, $143,000,000, to remain 
available until expended.

                     POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

    Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for official 
reception and representation expenses in an amount not to exceed $1,500. 
During fiscal year 2009, no new direct loan obligations may be made.

      Operation and Maintenance, Southeastern Power Administration

    For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy, 
including transmission wheeling and ancillary services pursuant to 
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied 
to the southeastern power area, $7,420,000, to remain available until 
expended: Provided, That, notwithstanding 31 U.S.C. 3302, up to 
$49,520,000 collected by the Southeastern Power Administration pursuant 
to the Flood Control Act of 1944 to recover

[[Page 123 STAT. 624]]

purchase power and wheeling expenses shall be credited to this account 
as offsetting collections, to remain available until expended for the 
sole purpose of making purchase power and wheeling expenditures.

      Operation and Maintenance, Southwestern Power Administration

    For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy, for 
construction and acquisition of transmission lines, substations and 
appurtenant facilities, and for administrative expenses, including 
official reception and representation expenses in an amount not to 
exceed $1,500 in carrying out section 5 of the Flood Control Act of 1944 
(16 U.S.C. 825s), as applied to the Southwestern Power Administration, 
$28,414,000, to remain available until expended: Provided, That, 
notwithstanding 31 U.S.C. 3302, up to $35,000,000 collected by the 
Southwestern Power Administration pursuant to the Flood Control Act of 
1944 to recover purchase power and wheeling expenses shall be credited 
to this account as offsetting collections, to remain available until 
expended for the sole purpose of making purchase power and wheeling 
expenditures.

 Construction, Rehabilitation, Operation and Maintenance, Western Area 
                          Power Administration

    For carrying out the functions authorized by title III, section 
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other 
related activities including conservation and renewable resources 
programs as authorized, including official reception and representation 
expenses in an amount not to exceed $1,500; $218,346,000, to remain 
available until expended, of which $208,642,000 shall be derived from 
the Department of the Interior Reclamation Fund: Provided, That of the 
amount herein appropriated, $7,342,000 is for deposit into the Utah 
Reclamation Mitigation and Conservation Account pursuant to title IV of 
the Reclamation Projects Authorization and Adjustment Act of 1992: 
Provided further, That notwithstanding the provision of 31 U.S.C. 3302, 
up to $403,118,000 collected by the Western Area Power Administration 
pursuant to the Flood Control Act of 1944 and the Reclamation Project 
Act of 1939 to recover purchase power and wheeling expenses shall be 
credited to this account as offsetting collections, to remain available 
until expended for the sole purpose of making purchase power and 
wheeling expenditures.

            Falcon and Amistad Operating and Maintenance Fund

    For operation, maintenance, and emergency costs for the 
hydroelectric facilities at the Falcon and Amistad Dams, $2,959,000, to 
remain available until expended, and to be derived from the Falcon and 
Amistad Operating and Maintenance Fund of the Western Area Power 
Administration, as provided in section 423 of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995.

[[Page 123 STAT. 625]]

                  Federal Energy Regulatory Commission


                          Salaries and Expenses


    For necessary expenses of the Federal Energy Regulatory Commission 
to carry out the provisions of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including services as authorized by 5 U.S.C. 
3109, the hire of passenger motor vehicles, and official reception and 
representation expenses not to exceed $3,000, $273,400,000, to remain 
available until expended: Provided, That notwithstanding <<NOTE: 42 USC 
7171 note.>>  any other provision of law, not to exceed $273,400,000 of 
revenues from fees and annual charges, and other services and 
collections in fiscal year 2009 shall be retained and used for necessary 
expenses in this account, and shall remain available until expended: 
Provided further, That the sum herein appropriated from the general fund 
shall be reduced as revenues are received during fiscal year 2009 so as 
to result in a final fiscal year 2009 appropriation from the general 
fund estimated at not more than $0.

                GENERAL PROVISIONS--DEPARTMENT OF ENERGY

    Sec. 301. <<NOTE: Waiver authority.>>  Contract Competition. (a) 
None of the funds in this or any other appropriations Act for fiscal 
year 2009 or any previous fiscal year may be used to make payments for a 
noncompetitive management and operating contract, or a contract for 
environmental remediation or waste management in excess of $100,000,000 
in annual funding at a current or former management and operating 
contract site or facility, or to award a significant extension or 
expansion to an existing management and operating contract, or other 
contract covered by this section, unless such contract is awarded using 
competitive procedures or the Secretary of Energy grants, on a case-by-
case basis, a waiver to allow for such a deviation. The Secretary may 
not delegate the authority to grant such a waiver.

    (b) Within <<NOTE: Deadline. Notification. Reports.>>  30 days of 
formally notifying an incumbent contractor that the Secretary intends to 
grant such a waiver, the Secretary shall submit to the Subcommittees on 
Energy and Water Development of the Committees on Appropriations of the 
House of Representatives and the Senate a report notifying the 
Subcommittees of the waiver and setting forth, in specificity, the 
substantive reasons why the Secretary believes the requirement for 
competition should be waived for this particular award.

    (c) In this section the term ``competitive procedures'' has the 
meaning provided in section 4 of the Office of Federal Procurement 
Policy Act (41 U.S.C. 403) and includes procedures described in section 
303 of the Federal Property and Administrative Services Act of 1949 (41 
U.S.C. 253) other than a procedure that solicits a proposal from only 
one source.
    Sec. 302. Unfunded Requests for Proposals. None of the funds 
appropriated by this Act may be used to prepare or initiate Requests For 
Proposals (RFPs) for a program if the program has not been funded by 
Congress.
    Sec. 303. Department of Energy Defense Nuclear Facilities Workforce 
Restructuring. None of the funds appropriated by this Act may be used--
            (1) to augment the funds made available for obligation by 
        this Act for severance payments and other benefits and

[[Page 123 STAT. 626]]

        community assistance grants under section 4604 of the Atomic 
        Energy Defense Act (50 U.S.C. 2704) unless the Department of 
        Energy submits a reprogramming request to the appropriate 
        congressional committees; or
            (2) to provide enhanced severance payments or other benefits 
        for employees of the Department of Energy under such section; or
            (3) develop or implement a workforce restructuring plan that 
        covers employees of the Department of Energy.

    Sec. 304. Unexpended Balances. The unexpended balances of prior 
appropriations provided for activities in this Act may be available to 
the same appropriation accounts for such activities established pursuant 
to this title. Available balances may be merged with funds in the 
applicable established accounts and thereafter may be accounted for as 
one fund for the same time period as originally enacted.
    Sec. 305. <<NOTE: Certification.>>  Bonneville Power Authority 
Service Territory. None of the funds in this or any other Act for the 
Administrator of the Bonneville Power Administration may be used to 
enter into any agreement to perform energy efficiency services outside 
the legally defined Bonneville service territory, with the exception of 
services provided internationally, including services provided on a 
reimbursable basis, unless the Administrator certifies in advance that 
such services are not available from private sector businesses.

    Sec. 306. <<NOTE: Public information.>>  User Facilities. When the 
Department of Energy makes a user facility available to universities or 
other potential users, or seeks input from universities or other 
potential users regarding significant characteristics or equipment in a 
user facility or a proposed user facility, the Department shall ensure 
broad public notice of such availability or such need for input to 
universities and other potential users. When the Department of Energy 
considers the participation of a university or other potential user as a 
formal partner in the establishment or operation of a user facility, the 
Department shall employ full and open competition in selecting such a 
partner. For purposes of this section, the term ``user facility'' 
includes, but is not limited to: (1) a user facility as described in 
section 2203(a)(2) of the Energy Policy Act of 1992 (42 U.S.C. 
13503(a)(2)); (2) a National Nuclear Security Administration Defense 
Programs Technology Deployment Center/User Facility; and (3) any other 
Departmental facility designated by the Department as a user facility.

    Sec. 307. Intelligence Activities. Funds appropriated by this or any 
other Act, or made available by the transfer of funds in this Act, for 
intelligence activities are deemed to be specifically authorized by the 
Congress for purposes of section 504 of the National Security Act of 
1947 (50 U.S.C. 414) during fiscal year 2009 until the enactment of the 
Intelligence Authorization Act for fiscal year 2009.
    Sec. 308. <<NOTE: 50 USC 2791a.>>  Laboratory Directed Research and 
Development. Of the funds made available by the Department of Energy for 
activities at government-owned, contractor-operated laboratories funded 
in this Act or subsequent Energy and Water Development Appropriations 
Acts, the Secretary may authorize a specific amount, not to exceed 8 
percent of such funds, to be used by such laboratories for laboratory 
directed research and development: Provided, That the Secretary may also 
authorize a specific amount not to exceed 4 percent of such funds, to be 
used by the plant manager of

[[Page 123 STAT. 627]]

a covered nuclear weapons production plant or the manager of the Nevada 
Site Office for plant or site directed research and development: 
Provided further, That notwithstanding Department of Energy order 
413.2A, dated January 8, 2001, beginning in fiscal year 2006 and 
thereafter, all DOE laboratories may be eligible for laboratory directed 
research and development funding.

    Sec. 309. Reliable Replacement Warhead.  None of the funds provided 
in this Act shall be available for the Reliable Replacement Warhead 
(RRW).
    Sec. 310. <<NOTE: 50 USC 2743a.>>  General Plant Projects. Plant or 
construction projects for which amounts are made available under this 
and subsequent appropriation Acts with a current estimated cost of less 
than $10,000,000 are considered for purposes of section 4703 of Public 
Law 107-314 as a plant project for which the approved total estimated 
cost does not exceed the minor construction threshold and for purposes 
of section 4704 of Public Law 107-314 as a construction project with a 
current estimated cost of less than a minor construction threshold.

    Sec. 311. <<NOTE: Inventory. Reports. Deadline.>>  Energy 
Production.  The Secretary of Energy shall provide funding to the 
National Academy of Sciences to conduct an inventory of the energy 
development potential on all lands currently managed by the Department 
of Energy together with a report, to be submitted not later than July 1, 
2009, which includes (1) a detailed analysis of all such resources 
including oil, gas, coal, solar, wind, geothermal and other renewable 
resources on such lands, (2) a delineation of the resources presently 
available for development as well as those potentially available in the 
future, and (3) an analysis of the environmental impacts associated with 
any future development including actions necessary to mitigate negative 
impacts.

    Sec. 312. Reno Hydrogen Fuel Project. (a) The non-Federal share of 
project costs shall be 20 percent.
    (b) The cost of project vehicles, related facilities, and other 
activities funded from the Federal Transit Administration sections 5307, 
5308, 5309, and 5314 program, including the non-Federal share for the 
FTA funds, is an eligible component of the non-Federal share for this 
project.
    (c) Contribution of the non-Federal share of project costs for all 
grants made for this project may be deferred until the entire project is 
completed.
    (d) All operations and maintenance costs associated with vehicles, 
equipment, and facilities utilized for this project are eligible project 
costs.
    (e) This <<NOTE: Applicability.>>  section applies to project 
appropriations beginning in fiscal year 2004.

    Sec. 313. <<NOTE: 42 USC 16274a.>>  Integrated University Program. 
(a) The Secretary of Energy, along with the Administrator of the 
National Nuclear Security Administration and the Chairman of the Nuclear 
Regulatory Commission, shall establish an Integrated University Program.

    (b) For the purposes of carrying out this section, $45,000,000 is 
authorized to be appropriated in each of fiscal years 2009 to 2019 as 
follows:
            (1) $15,000,000 for the Department of Energy;
            (2) $15,000,000 for the Nuclear Regulatory Commission; and

[[Page 123 STAT. 628]]

            (3) $15,000,000 for the National Nuclear Security 
        Administration.

    (c) Of the amounts authorized to carry out this section, $10,000,000 
shall be used by each organization to support university research and 
development in areas relevant to their respective organization's 
mission, and $5,000,000 shall be used by each organization to support a 
jointly implemented Nuclear Science and Engineering Grant Program that 
will support multiyear research projects that do not align with 
programmatic missions but are critical to maintaining the discipline of 
nuclear science and engineering.

                                TITLE IV

                          INDEPENDENT AGENCIES

                     Appalachian Regional Commission

    For expenses necessary to carry out the programs authorized by the 
Appalachian Regional Development Act of 1965, as amended, 
notwithstanding 40 U.S.C. 14704, and, for necessary expenses for the 
Federal Co-Chairman and the Alternate on the Appalachian Regional 
Commission, for payment of the Federal share of the administrative 
expenses of the Commission, including services as authorized by 5 U.S.C. 
3109, and hire of passenger motor vehicles, $75,000,000, to remain 
available until expended: Provided, That any congressionally directed 
spending shall be taken from within that State's allocation in the 
fiscal year in which it is provided.

                 Defense Nuclear Facilities Safety Board


                          Salaries and Expenses


    For necessary expenses of the Defense Nuclear Facilities Safety 
Board in carrying out activities authorized by the Atomic Energy Act of 
1954, as amended by Public Law 100-456, section 1441, $25,000,000, to 
remain available until expended.

                        Delta Regional Authority


                          Salaries and Expenses


    For necessary expenses of the Delta Regional Authority and to carry 
out its activities, as authorized by the Delta Regional Authority Act of 
2000, as amended, notwithstanding sections 382C(b)(2), 382F(d), 382M, 
and 382N of said Act, $13,000,000, to remain available until expended.

                            Denali Commission

    For expenses of the Denali Commission including the purchase, 
construction, and acquisition of plant and capital equipment as 
necessary and other expenses, $11,800,000, to remain available until 
expended, notwithstanding the limitations contained in section 306(g) of 
the Denali Commission Act of 1998.

[[Page 123 STAT. 629]]

                      Nuclear Regulatory Commission


                          Salaries and Expenses


    For necessary expenses of the Commission in carrying out the 
purposes of the Energy Reorganization Act of 1974, as amended, and the 
Atomic Energy Act of 1954, as amended, including official representation 
expenses (not to exceed $25,000), $1,034,656,000, to remain available 
until expended: Provided, That of the amount appropriated herein, 
$49,000,000 shall be derived from the Nuclear Waste Fund: Provided 
further, That revenues from licensing fees, inspection services, and 
other services and collections estimated at $860,857,000 in fiscal year 
2009 shall be retained and used for necessary salaries and expenses in 
this account, notwithstanding 31 U.S.C. 3302, and shall remain available 
until expended: Provided further, That the sum herein appropriated shall 
be reduced by the amount of revenues received during fiscal year 2009 so 
as to result in a final fiscal year 2009 appropriation estimated at not 
more than $173,799,000: Provided further, That such funds as are made 
available for necessary expenses of the Commission by this Act or any 
other Act may be used for the acquisition and lease of additional office 
space provided by the General Services Administration for personnel of 
the U.S. Nuclear Regulatory Commission as close as reasonably possible 
to the Commission's headquarters location in Rockville, Maryland, and of 
such square footage and for such lease term, as are determined by the 
Commission to be necessary to maintain the agency's regulatory 
effectiveness, efficiency, and emergency response capability: Provided 
further, That notwithstanding any other provision of law or any 
prevailing practice, the acquisition and lease of space for such purpose 
shall, to the extent necessary to obtain the space, be based on the 
prevailing rates in the immediate vicinity of the Commission's 
headquarters.


                       office of inspector general


    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$10,860,000, to remain available until expended: Provided, That revenues 
from licensing fees, inspection services, and other services and 
collections estimated at $9,774,000 in fiscal year 2009 shall be 
retained and be available until expended, for necessary salaries and 
expenses in this account, notwithstanding 31 U.S.C. 3302: Provided 
further, That the sum herein appropriated shall be reduced by the amount 
of revenues received during fiscal year 2009 so as to result in a final 
fiscal year 2009 appropriation estimated at not more than $1,086,000.

                  Nuclear Waste Technical Review Board


                          Salaries and Expenses


    For necessary expenses of the Nuclear Waste Technical Review Board, 
as authorized by Public Law 100-203, section 5051, $3,811,000, to be 
derived from the Nuclear Waste Fund, and to remain available until 
expended.

[[Page 123 STAT. 630]]

Office of the Federal Coordinator for Alaska Natural Gas Transportation 
                                Projects

    For necessary expenses for the Office of the Federal Coordinator for 
Alaska Natural Gas Transportation Projects pursuant to the Alaska 
Natural Gas Pipeline Act of 2004, $4,400,000: Provided, That any fees, 
charges, or commissions received pursuant to section 802 of Public Law 
110-140 in fiscal year 2009 in excess of $4,660,000 shall not be 
available for obligation until appropriated in a subsequent Act of 
Congress.

                                 TITLE V

                           GENERAL PROVISIONS

    Sec. 501. <<NOTE: Lobbying.>>  None of the funds appropriated by 
this Act may be used in any way, directly or indirectly, to influence 
congressional action on any legislation or appropriation matters pending 
before Congress, other than to communicate to Members of Congress as 
described in 18 U.S.C. 1913.

    Sec. 502. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in this Act or any other appropriation Act.
    This division may be cited as the ``Energy and Water Development and 
Related Agencies Appropriations Act, 2009''.

DIVISION D--FINANCIAL <<NOTE: Financial Services and General Government 
Appropriations Act, 2009. Department of the Treasury Appropriations Act, 
2009.>>  SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2009

                                 TITLE I

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices


                          salaries and expenses


                      (including transfer of funds)


    For necessary expenses of the Departmental Offices including 
operation and maintenance of the Treasury Building and Annex; hire of 
passenger motor vehicles; maintenance, repairs, and improvements of, and 
purchase of commercial insurance policies for, real properties leased or 
owned overseas, when necessary for the performance of official business, 
$278,870,000, of which not to exceed $21,619,000 is for executive 
direction program activities; not to exceed $45,910,000 is for economic 
policies and programs activities; not to exceed $36,039,000 is for 
financial policies and programs activities; not to exceed $62,098,000 is 
for terrorism and financial intelligence activities; not to exceed 
$21,600,000 is for Treasury-wide management policies and programs 
activities; and not to exceed $91,604,000 is for administration programs 
activities: Provided, That <<NOTE: Notification.>>  the Secretary of the 
Treasury is authorized to transfer funds appropriated for any program 
activity of the Departmental Offices to any other program activity of 
the Departmental Offices upon notification to the House and Senate 
Committees on

[[Page 123 STAT. 631]]

Appropriations: Provided further, That no appropriation for any program 
activity shall be increased or decreased by more than 4 percent by all 
such transfers: Provided further, That any change in funding greater 
than 4 percent shall be submitted for approval to the House and Senate 
Committees on Appropriations: Provided further, That of the amount 
appropriated under this heading, not to exceed $3,000,000, to remain 
available until September 30, 2010, is for information technology 
modernization requirements; not to exceed $200,000 is for official 
reception and representation expenses; and not to exceed $258,000 is for 
unforeseen emergencies of a confidential nature, to be allocated and 
expended under the direction of the Secretary of the Treasury and to be 
accounted for solely on his certificate: Provided further, That of the 
amount appropriated under this heading, $5,232,443, to remain available 
until September 30, 2010, is for the Treasury-wide Financial Statement 
Audit and Internal Control Program, of which such amounts as may be 
necessary may be transferred to accounts of the Department's offices and 
bureaus to conduct audits: Provided further, That this transfer 
authority shall be in addition to any other provided in this Act: 
Provided further, That of the amount appropriated under this heading, 
$500,000, to remain available until September 30, 2010, is for secure 
space requirements: Provided further, That of the amount appropriated 
under this heading, $1,100,000, to remain available until September 30, 
2010, is for salary and benefits for hiring of personnel whose work will 
require completion of a security clearance investigation in order to 
perform highly classified work to further the activities of the Office 
of Terrorism and Financial Intelligence: Provided further, That of the 
amount appropriated under this heading, $3,400,000, to remain available 
until September 30, 2011, is to develop and implement programs within 
the Office of Critical Infrastructure Protection and Compliance Policy, 
including entering into cooperative agreements: Provided further, That 
of the amount appropriated under this heading $3,000,000 to remain 
available until September 30, 2011, is for modernizing the Office of 
Debt Management's information technology.

        department-wide systems and capital investments programs


                      (including transfer of funds)


    For development and acquisition of automatic data processing 
equipment, software, and services for the Department of the Treasury, 
$26,975,000, to remain available until September 30, 2011: Provided, 
That $11,518,000 is for repairs to the Treasury Annex Building: Provided 
further, That these funds shall be transferred to accounts and in 
amounts as necessary to satisfy the requirements of the Department's 
offices, bureaus, and other organizations: Provided further, That this 
transfer authority shall be in addition to any other transfer authority 
provided in this Act: Provided further, That none of the funds 
appropriated under this heading shall be used to support or supplement 
``Internal Revenue Service, Operations Support'' or ``Internal Revenue 
Service, Business Systems Modernization''.

[[Page 123 STAT. 632]]

                       Office of Inspector General


                          Salaries and Expenses


    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, not to 
exceed $2,000,000 for official travel expenses, including hire of 
passenger motor vehicles; and not to exceed $100,000 for unforeseen 
emergencies of a confidential nature, to be allocated and expended under 
the direction of the Inspector General of the Treasury, $26,125,000, of 
which not to exceed $2,500 shall be available for official reception and 
representation expenses.


            treasury inspector general for tax administration


                          salaries and expenses


    For necessary expenses of the Treasury Inspector General for Tax 
Administration in carrying out the Inspector General Act of 1978, 
including purchase (not to exceed 150 for replacement only for police-
type use) and hire of passenger motor vehicles (31 U.S.C. 1343(b)); 
services authorized by 5 U.S.C. 3109, at such rates as may be determined 
by the Inspector General for Tax Administration; $146,083,000, of which 
not to exceed $6,000,000 shall be available for official travel 
expenses; of which not to exceed $500,000 shall be available for 
unforeseen emergencies of a confidential nature, to be allocated and 
expended under the direction of the Inspector General for Tax 
Administration; and of which not to exceed $1,500 shall be available for 
official reception and representation expenses.

                  Financial Crimes Enforcement Network

                          salaries and expenses

    For necessary expenses of the Financial Crimes Enforcement Network, 
including hire of passenger motor vehicles; travel and training expenses 
of non-Federal and foreign government personnel to attend meetings and 
training concerned with domestic and foreign financial intelligence 
activities, law enforcement, and financial regulation; not to exceed 
$14,000 for official reception and representation expenses; and for 
assistance to Federal law enforcement agencies, with or without 
reimbursement, $91,465,000, of which not to exceed $16,340,000 shall 
remain available until September 30, 2011; and of which $9,178,000 shall 
remain available until September 30, 2010: Provided, That funds 
appropriated in this account may be used to procure personal services 
contracts.

                        Treasury Forfeiture Fund


                              (RESCISSION)


    Of the unobligated balances available under this heading, 
$30,000,000 are rescinded.

[[Page 123 STAT. 633]]

                      Financial Management Service

                          salaries and expenses

    For necessary expenses of the Financial Management Service, 
$239,785,000, of which not to exceed $9,220,000 shall remain available 
until September 30, 2011, for information systems modernization 
initiatives; and of which not to exceed $2,500 shall be available for 
official reception and representation expenses.

                Alcohol and Tobacco Tax and Trade Bureau


                          Salaries and Expenses


    For necessary expenses of carrying out section 1111 of the Homeland 
Security Act of 2002, including hire of passenger motor vehicles, 
$99,065,000; of which not to exceed $6,000 for official reception and 
representation expenses; not to exceed $50,000 for cooperative research 
and development programs for laboratory services; and provision of 
laboratory assistance to State and local agencies with or without 
reimbursement: Provided, That of the amount appropriated under this 
heading, $2,000,000, to remain available until September 30, 2010, is 
for information technology management.

                           United States Mint

                united states mint public enterprise fund

    Pursuant to section 5136 of title 31, United States Code, the United 
States Mint is provided funding through the United States Mint Public 
Enterprise Fund for costs associated with the production of circulating 
coins, numismatic coins, and protective services, including both 
operating expenses and capital investments. The aggregate amount of new 
liabilities and obligations incurred during fiscal year 2009 under such 
section 5136 for circulating coinage and protective service capital 
investments of the United States Mint shall not exceed $42,150,000.

                        Bureau of the Public Debt

                      administering the public debt

    For necessary expenses connected with any public-debt issues of the 
United States, $187,352,000, of which not to exceed $2,500 shall be 
available for official reception and representation expenses, and of 
which not to exceed $2,000,000 shall remain available until September 
30, 2011, for systems modernization: Provided, That the sum appropriated 
herein from the general fund for fiscal year 2009 shall be reduced by 
not more than $10,000,000 as definitive security issue fees and Legacy 
Treasury Direct Investor Account Maintenance fees are collected, so as 
to result in a final fiscal year 2009 appropriation from the general 
fund estimated at $177,352,000. In addition, $90,000 to be derived from 
the Oil Spill Liability Trust Fund to reimburse the Bureau for 
administrative and personnel expenses for financial management of the 
Fund, as authorized by section 1012 of Public Law 101-380.

[[Page 123 STAT. 634]]

    Community Development Financial Institutions Fund Program Account

    To carry out the Community Development Banking and Financial 
Institutions Act of 1994 (Public Law 103-325), including services 
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed 
the per diem rate equivalent to the rate for ES-3, $107,000,000, to 
remain available until September 30, 2010, of which $8,500,000 shall be 
for financial assistance, technical assistance, training and outreach 
programs designed to benefit Native American, Native Hawaiian, and 
Alaskan Native communities and provided primarily through qualified 
community development lender organizations with experience and expertise 
in community development banking and lending in Indian country, Native 
American organizations, tribes and tribal organizations and other 
suitable providers, $2,000,000 shall be available for the pilot project 
grant program under section 1132(d) of division A of the Housing and 
Economic Recovery Act of 2008 (Public Law 110-289), up to $14,750,000 
may be used for administrative expenses, including administration of the 
New Markets Tax Credit, up to $7,500,000 may be used for the cost of 
direct loans, and up to $250,000 may be used for administrative expenses 
to carry out the direct loan program: Provided, That the cost of direct 
loans, including the cost of modifying such loans, shall be as defined 
in section 502 of the Congressional Budget Act of 1974: Provided 
further, That these funds are available to subsidize gross obligations 
for the principal amount of direct loans not to exceed $16,000,000.

                        Internal Revenue Service


                            taxpayer services


    For necessary expenses of the Internal Revenue Service to provide 
taxpayer services, including pre-filing assistance and education, filing 
and account services, taxpayer advocacy services, and other services as 
authorized by 5 U.S.C. 3109, at such rates as may be determined by the 
Commissioner, $2,293,000,000, of which not less than $5,100,000 shall be 
for the Tax Counseling for the Elderly Program, of which not less than 
$9,500,000 shall be available for low-income taxpayer clinic grants, of 
which not less than $8,000,000, to remain available until September 30, 
2010, shall be available for a Community Volunteer Income Tax Assistance 
matching grants demonstration program for tax return preparation 
assistance, and of which not less than $193,000,000 shall be available 
for operating expenses of the Taxpayer Advocate Service.


                               enforcement


                      (including transfer of funds)


    For necessary expenses of the Internal Revenue Service to determine 
and collect owed taxes, to provide legal and litigation support, to 
conduct criminal investigations, to enforce criminal statutes related to 
violations of internal revenue laws and other financial crimes, to 
purchase (for police-type use, not to exceed 850) and hire passenger 
motor vehicles (31 U.S.C. 1343(b)), and to provide other services as 
authorized by 5 U.S.C. 3109, at such rates as may be determined by the 
Commissioner, $5,117,267,000, of

[[Page 123 STAT. 635]]

which not less than $57,252,000 shall be for the Interagency Crime and 
Drug Enforcement program: Provided, That up to $10,000,000 may be 
transferred as necessary from this account to ``Operations Support'' 
solely for the purposes of the Interagency Crime and Drug Enforcement 
program: Provided further, That this transfer authority shall be in 
addition to any other transfer authority provided in this Act.


                           operations support


    For necessary expenses of the Internal Revenue Service to support 
taxpayer services and enforcement programs, including rent payments; 
facilities services; printing; postage; physical security; headquarters 
and other IRS-wide administration activities; research and statistics of 
income; telecommunications; information technology development, 
enhancement, operations, maintenance, and security; the hire of 
passenger motor vehicles (31 U.S.C. 1343(b)); and other services as 
authorized by 5 U.S.C. 3109, at such rates as may be determined by the 
Commissioner; $3,867,011,000, of which up to $75,000,000 shall remain 
available until September 30, 2010, for information technology support; 
of which not to exceed $1,000,000 shall remain available until September 
30, 2011, for research; of which not less than $2,000,000 shall be for 
the Internal Revenue Service Oversight Board; and of which not to exceed 
$25,000 shall be for official reception and representation.


                     business systems modernization


    For necessary expenses of the Internal Revenue Service's business 
systems modernization program, $229,914,000, to remain available until 
September 30, 2011, for the capital asset acquisition of information 
technology systems, including management and related contractual costs 
of said acquisitions, including related Internal Revenue Service labor 
costs, and contractual costs associated with operations authorized by 5 
U.S.C. 3109: <<NOTE: Expenditure plan.>>  Provided, That, with the 
exception of labor costs, none of these funds may be obligated until the 
Internal Revenue Service submits to the Committees on Appropriations, 
and such Committees approve, a plan for expenditure that: (1) meets the 
capital planning and investment control review requirements established 
by the Office of Management and Budget, including Circular A-11; (2) 
complies with the Internal Revenue Service's enterprise architecture, 
including the modernization blueprint; (3) conforms with the Internal 
Revenue Service's enterprise life cycle methodology; (4) is approved by 
the Internal Revenue Service, the Department of the Treasury, and the 
Office of Management and Budget; (5) has been reviewed by the Government 
Accountability Office; and (6) complies with the acquisition rules, 
requirements, guidelines, and systems acquisition management practices 
of the Federal Government.

               health insurance tax credit administration

    For expenses necessary to implement the health insurance tax credit 
included in the Trade Act of 2002 (Public Law 107-210), $15,406,000.

[[Page 123 STAT. 636]]

           administrative provisions--internal revenue service


                      (including transfer of funds)


    Sec. 101.  Not to exceed 5 percent of any appropriation made 
available in this Act to the Internal Revenue Service or not to exceed 3 
percent of appropriations under the heading ``Enforcement'' may be 
transferred to any other Internal Revenue Service appropriation upon the 
advance approval of the Committees on Appropriations.
    Sec. 102.  The Internal Revenue Service shall maintain a training 
program to ensure that Internal Revenue Service employees are trained in 
taxpayers' rights, in dealing courteously with taxpayers, and in cross-
cultural relations.
    Sec. 103.  The <<NOTE: Confidentiality.>>  Internal Revenue Service 
shall institute and enforce policies and procedures that will safeguard 
the confidentiality of taxpayer information.

    Sec. 104.  Funds made available by this or any other Act to the 
Internal Revenue Service shall be available for improved facilities and 
increased staffing to provide sufficient and effective 1-800 help line 
service for taxpayers. The Commissioner shall continue to make the 
improvement of the Internal Revenue Service 1-800 help line service a 
priority and allocate resources necessary to increase phone lines and 
staff to improve the Internal Revenue Service 1-800 help line service.
    Sec. 105. Of the funds made available by this Act to the Internal 
Revenue Service, not less than $6,997,000,000 shall be available only 
for tax enforcement. In addition, of the funds made available by this 
Act to the Internal Revenue Service, and subject to the same terms and 
conditions, $490,000,000 shall be available for enhanced tax law 
enforcement.
    Sec. 106.  None <<NOTE: Contracts.>>  of the funds made available in 
this Act may be used to enter into, renew, extend, administer, 
implement, enforce, or provide oversight of any qualified tax collection 
contract (as defined in section 6306 of the Internal Revenue Code of 
1986).

          Administrative Provisions--Department of the Treasury


                     (including transfers of funds)


    Sec. 107.  Appropriations to the Department of the Treasury in this 
Act shall be available for uniforms or allowances therefor, as 
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and 
cleaning; purchase of insurance for official motor vehicles operated in 
foreign countries; purchase of motor vehicles without regard to the 
general purchase price limitations for vehicles purchased and used 
overseas for the current fiscal year; entering into contracts with the 
Department of State for the furnishing of health and medical services to 
employees and their dependents serving in foreign countries; and 
services authorized by 5 U.S.C. 3109.
    Sec. 108.  Not to exceed 2 percent of any appropriations in this Act 
made available to the Departmental Offices--Salaries and Expenses, 
Office of Inspector General, Financial Management Service, Alcohol and 
Tobacco Tax and Trade Bureau, Financial Crimes Enforcement Network, and 
Bureau of the Public Debt, may be transferred between such 
appropriations upon the advance approval of the Committees on 
Appropriations: Provided, That no

[[Page 123 STAT. 637]]

transfer may increase or decrease any such appropriation by more than 2 
percent.
    Sec. 109.  Not to exceed 2 percent of any appropriation made 
available in this Act to the Internal Revenue Service may be transferred 
to the Treasury Inspector General for Tax Administration's appropriation 
upon the advance approval of the Committees on Appropriations: Provided, 
That no transfer may increase or decrease any such appropriation by more 
than 2 percent.
    Sec. 110.  Of the funds available for the purchase of law 
enforcement vehicles, no funds may be obligated until the Secretary of 
the Treasury certifies that the purchase by the respective Treasury 
bureau is consistent with departmental vehicle management principles: 
Provided, That the Secretary may delegate this authority to the 
Assistant Secretary for Management.
    Sec. 111.  None of the funds appropriated in this Act or otherwise 
available to the Department of the Treasury or the Bureau of Engraving 
and Printing may be used to redesign the $1 Federal Reserve note.
    Sec. 112.  The Secretary of the Treasury may transfer funds from 
Financial Management Service, Salaries and Expenses to the Debt 
Collection Fund as necessary to cover the costs of debt collection: 
Provided, That such amounts shall be reimbursed to such salaries and 
expenses account from debt collections received in the Debt Collection 
Fund.
    Sec. 113.  Section 122(g)(1) of Public Law 105-119 (5 U.S.C. 3104 
note), is further amended by striking ``10 years'' and inserting ``11 
years''.
    Sec. 114.  None of the funds appropriated or otherwise made 
available by this or any other Act may be used by the United States Mint 
to construct or operate any museum without the explicit approval of the 
Committees on Appropriations of the House of Representatives and the 
Senate, the House Committee on Financial Services, and the Senate 
Committee on Banking, Housing, and Urban Affairs.
    Sec. 115.  None of the funds appropriated or otherwise made 
available by this or any other Act or source to the Department of the 
Treasury, the Bureau of Engraving and Printing, and the United States 
Mint, individually or collectively, may be used to consolidate any or 
all functions of the Bureau of Engraving and Printing and the United 
States Mint without the explicit approval of the House Committee on 
Financial Services; the Senate Committee on Banking, Housing, and Urban 
Affairs; the House Committee on Appropriations; and the Senate Committee 
on Appropriations.
    Sec. 116.  Funds appropriated by this Act, or made available by the 
transfer of funds in this Act, for the Department of the Treasury's 
intelligence or intelligence related activities are deemed to be 
specifically authorized by the Congress for purposes of section 504 of 
the National Security Act of 1947 (50 U.S.C. 414) during fiscal year 
2009 until the enactment of the Intelligence Authorization Act for 
Fiscal Year 2009.
    Sec. 117. Not to exceed $5,000 shall be made available from the 
Bureau of Engraving and Printing's Industrial Revolving Fund for 
necessary official reception and representation expenses.
     This title may be cited as the ``Department of the Treasury 
Appropriations Act, 2009''.

[[Page 123 STAT. 638]]

 TITLE II <<NOTE: Executive Office of the President Appropriations Act, 
2009.>> 

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                                PRESIDENT

                      Compensation of the President

    For compensation of the President, including an expense allowance at 
the rate of $50,000 per annum as authorized by 3 U.S.C. 102, $450,000: 
Provided, That none of the funds made available for official expenses 
shall be expended for any other purpose and any unused amount shall 
revert to the Treasury pursuant to section 1552 of title 31, United 
States Code.

                           White House Office


                          salaries and expenses


    For necessary expenses for the White House as authorized by law, 
including not to exceed $3,850,000 for services as authorized by 5 
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3 
U.S.C. 105, which shall be expended and accounted for as provided in 
that section; hire of passenger motor vehicles, newspapers, periodicals, 
teletype news service, and travel (not to exceed $100,000 to be expended 
and accounted for as provided by 3 U.S.C. 103); and not to exceed 
$19,000 for official entertainment expenses, to be available for 
allocation within the Executive Office of the President; $53,899,000, of 
which $1,400,000 shall be for the Office of National AIDS Policy.

                 Executive Residence at the White House


                           operating expenses


    For the care, maintenance, repair and alteration, refurnishing, 
improvement, heating, and lighting, including electric power and 
fixtures, of the Executive Residence at the White House and official 
entertainment expenses of the President, $13,363,000, to be expended and 
accounted for as provided by 3 U.S.C. 105, 109, 110, and 112-114.


                          reimbursable expenses


    For the reimbursable expenses of the Executive Residence at the 
White House, such sums as may be necessary: Provided, That all 
reimbursable operating expenses of the Executive Residence shall be made 
in accordance with the provisions of this paragraph: Provided further, 
That, notwithstanding any other provision of law, such amount for 
reimbursable operating expenses shall be the exclusive authority of the 
Executive Residence to incur obligations and to receive offsetting 
collections, for such expenses: Provided further, That the Executive 
Residence shall require each person sponsoring a reimbursable political 
event to pay in advance an amount equal to the estimated cost of the 
event, and all such advance payments shall be credited to this account 
and remain available until expended: Provided further, That the 
Executive Residence shall require the national committee of the 
political party of the President to maintain on deposit $25,000, to be 
separately accounted for and available for expenses relating to 
reimbursable political events

[[Page 123 STAT. 639]]

sponsored by such committee during such fiscal 
year: <<NOTE: Notice. Deadlines.>>  Provided further, That the Executive 
Residence shall ensure that a written notice of any amount owed for a 
reimbursable operating expense under this paragraph is submitted to the 
person owing such amount within 60 days after such expense is incurred, 
and that such amount is collected within 30 days after the submission of 
such notice: Provided further, That <<NOTE: Fines. Deadline.>>  the 
Executive Residence shall charge interest and assess penalties and other 
charges on any such amount that is not reimbursed within such 30 days, 
in accordance with the interest and penalty provisions applicable to an 
outstanding debt on a United States Government claim under section 3717 
of title 31, United States Code: Provided further, That each such amount 
that is reimbursed, and any accompanying interest and charges, shall be 
deposited in the Treasury as miscellaneous 
receipts: <<NOTE: Deadline. Reports.>>  Provided further, That the 
Executive Residence shall prepare and submit to the Committees on 
Appropriations, by not later than 90 days after the end of the fiscal 
year covered by this Act, a report setting forth the reimbursable 
operating expenses of the Executive Residence during the preceding 
fiscal year, including the total amount of such expenses, the amount of 
such total that consists of reimbursable official and ceremonial events, 
the amount of such total that consists of reimbursable political events, 
and the portion of each such amount that has been reimbursed as of the 
date of the report: <<NOTE: Records.>>  Provided further, That the 
Executive Residence shall maintain a system for the tracking of expenses 
related to reimbursable events within the Executive Residence that 
includes a standard for the classification of any such expense as 
political or nonpolitical: Provided further, That no provision of this 
paragraph may be construed to exempt the Executive Residence from any 
other applicable requirement of subchapter I or II of chapter 37 of 
title 31, United States Code.

                   White House Repair and Restoration

    For the repair, alteration, and improvement of the Executive 
Residence at the White House, $1,600,000, to remain available until 
expended, for required maintenance, safety and health issues, and 
continued preventative maintenance.

                      Council of Economic Advisers


                          salaries and expenses


    For necessary expenses of the Council of Economic Advisers in 
carrying out its functions under the Employment Act of 1946 (15 U.S.C. 
1021 et seq.), $4,118,000.

                      Office of Policy Development


                          salaries and expenses


    For necessary expenses of the Office of Policy Development, 
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, 
$3,550,000.

[[Page 123 STAT. 640]]

                        National Security Council


                          salaries and expenses


    For necessary expenses of the National Security Council, including 
services as authorized by 5 U.S.C. 3109, $9,029,000.

                        Office of Administration


                          salaries and expenses


    For necessary expenses of the Office of Administration, including 
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of 
passenger motor vehicles, $101,333,000, of which not less than 
$5,700,000 shall be for e-mail restoration activities, and of which 
$11,923,000 shall remain available until expended for continued 
modernization of the information technology infrastructure within the 
Executive Office of the President.

                     Office of Management and Budget


                          salaries and expenses


    For necessary expenses of the Office of Management and Budget, 
including hire of passenger motor vehicles and services as authorized by 
5 U.S.C. 3109 and to carry out the provisions of chapter 35 of title 44, 
United States Code, $87,972,000, of which not to exceed $3,000 shall be 
available for official representation expenses: Provided, That none of 
the funds appropriated in this Act for the Office of Management and 
Budget may be used for the purpose of reviewing any agricultural 
marketing orders or any activities or regulations under the provisions 
of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et 
seq.): Provided further, That none of the funds made available for the 
Office of Management and Budget by this Act may be expended for the 
altering of the transcript of actual testimony of witnesses, except for 
testimony of officials of the Office of Management and Budget, before 
the Committees on Appropriations or their subcommittees: Provided 
further, That none of the funds provided in this or prior Acts shall be 
used, directly or indirectly, by the Office of Management and Budget, 
for evaluating or determining if water resource project or study reports 
submitted by the Chief of Engineers acting through the Secretary of the 
Army are in compliance with all applicable laws, regulations, and 
requirements relevant to the Civil Works water resource planning 
process: <<NOTE: Deadline. Policy reviews.>>  Provided further, That the 
Office of Management and Budget shall have not more than 60 days in 
which to perform budgetary policy reviews of water resource matters on 
which the Chief of Engineers has reported: Provided further, 
That <<NOTE: Notification.>>  the Director of the Office of Management 
and Budget shall notify the appropriate authorizing and appropriating 
committees when the 60-day review is 
initiated: <<NOTE: Reports. Deadline.>>  Provided further, That if water 
resource reports have not been transmitted to the appropriate 
authorizing and appropriating committees within 15 days after the end of 
the Office of Management and Budget review period based on the 
notification from the Director, Congress shall assume Office of 
Management and Budget concurrence with the report and act accordingly.

[[Page 123 STAT. 641]]

                 Office of National Drug Control Policy

                          salaries and expenses

    For necessary expenses of the Office of National Drug Control 
Policy; for research activities pursuant to the Office of National Drug 
Control Policy Reauthorization Act of 2006 (Public Law 109-469); not to 
exceed $10,000 for official reception and representation expenses; and 
for participation in joint projects or in the provision of services on 
matters of mutual interest with nonprofit, research, or public 
organizations or agencies, with or without reimbursement, $27,200,000; 
of which $1,300,000 shall remain available until expended for policy 
research and evaluation: Provided, That the Office is <<NOTE: 21 USC 
1702 note.>>  authorized to accept, hold, administer, and utilize gifts, 
both real and personal, public and private, without fiscal year 
limitation, for the purpose of aiding or facilitating the work of the 
Office.


                Counterdrug Technology Assessment Center


                      (including transfer of funds)


    For necessary expenses for the Counterdrug Technology Assessment 
Center for research activities pursuant to the Office of National Drug 
Control Policy Reauthorization Act of 2006 (Public Law 109-469), 
$3,000,000, which shall remain available until expended for 
counternarcotics research and development projects: Provided, That such 
amount shall be available for transfer to other Federal departments or 
agencies: <<NOTE: Spending plan. Deadline.>>  Provided further, That the 
Office of National Drug Control Policy shall submit for approval by the 
Committees on Appropriations of the House of Representatives and the 
Senate, a detailed spending plan for the use of these funds no later 
than 90 days after enactment of this Act.


                      federal drug control programs


              High Intensity Drug Trafficking Areas Program


                     (including transfers of funds)


    For necessary <<NOTE: Deadline.>>  expenses of the Office of 
National Drug Control Policy's High Intensity Drug Trafficking Areas 
Program, $234,000,000, to remain available until September 30, 2010, for 
drug control activities consistent with the approved strategy for each 
of the designated High Intensity Drug Trafficking Areas, of which no 
less than 51 percent shall be transferred to State and local entities 
for drug control activities, which shall be obligated within 120 days 
after enactment of this Act: Provided, That up to 49 percent may be 
transferred to Federal agencies and departments at a rate to be 
determined by the Director, of which up to $2,100,000 may be used for 
auditing services and associated activities, and up to $250,000 of the 
$2,100,000 shall be used to ensure the continued operation and 
maintenance of the Performance Management System: <<NOTE: Funding 
justification.>>  Provided further, That High Intensity Drug Trafficking 
Areas Programs designated as of September 30, 2008, shall be funded at 
no less than the fiscal year 2008 initial allocation levels (as revised 
by the letter from the Director of the Office of National Drug Control 
Policy to the Committees on Appropriations of the House of 
Representatives and the Senate

[[Page 123 STAT. 642]]

dated April 8, 2008) or $3,000,000, whichever is greater, unless the 
Director submits to the Committees on Appropriations of the House of 
Representatives and the Senate, and the Committees approve, 
justification for changes in those levels based on clearly articulated 
priorities for the High Intensity Drug Trafficking Areas Programs, as 
well as published Office of National Drug Control Policy performance 
measures of effectiveness: Provided further, That no High Intensity Drug 
Trafficking Area shall receive more than $47,457,447 as its fiscal year 
2009 initial allocation level: Provided further, That, notwithstanding 
the requirements of Public Law 106-58, any unexpended funds obligated 
prior to fiscal year 2007 for programs addressing the treatment or 
prevention of drug use as part of the approved strategy for a designated 
High Intensity Drug Trafficking Area may be used for other approved 
activities of that High Intensity Drug Trafficking 
Area: <<NOTE: Notification. Deadline.>>  Provided further, That the 
Office of National Drug Control Policy (ONDCP) shall notify the 
Committees on Appropriations of the House of Representatives and the 
Senate of the initial High-Intensity Drug Trafficking Area (HIDTA) 
allocation funding within 45 days after the enactment of this 
Act: <<NOTE: Recommen- dations. Deadline.>>  Provided further, That 
ONDCP shall submit recommendations for approval to the Committees on 
Appropriations for the use of discretionary HIDTA funding, according to 
a framework proposed jointly by the HIDTA Directors and ONDCP, within 90 
days after the enactment of this Act.


                   Other Federal Drug Control Programs


                      (including transfer of funds)


    For activities to support a national anti-drug campaign for youth, 
and for other purposes, authorized by the Office of National Drug 
Control Policy Reauthorization Act of 2006 (Public Law 109-469), 
$174,700,000, to remain available until expended, of which the amounts 
are available as follows: $70,000,000 to support a national media 
campaign, of which at least $8,000,000 shall be designated for 
methamphetamine prevention messages: Provided, That the Office of 
National Drug Control Policy shall maintain funding for non-advertising 
services for the media campaign at no less than the fiscal year 2003 
ratio of service funding to total funds and shall continue the corporate 
outreach program; $90,000,000 to continue a program of matching grants 
to drug-free communities, of which $2,000,000 shall be made available as 
directed by section 4 of Public Law 107-82, as amended by Public Law 
109-469 (21 U.S.C. 1521 note): Provided further, That any grantee 
seeking a renewal grant (year 2 through 5, or year 7 through 10) that is 
determined to be ineligible or not entitled to continuation funding for 
any reason, shall be afforded a fair, timely, and independent appeal 
prior to the beginning of the subsequent funding year before being 
denied a renewal grant; $1,250,000 for the National Drug Court 
Institute; $9,800,000 for the United States Anti-Doping Agency for anti-
doping activities; $1,900,000 for the United States membership dues to 
the World Anti-Doping Agency; $1,250,000 for the National Alliance for 
Model State Drug Laws; and $500,000 for evaluations and research related 
to National Drug Control Program performance measures: Provided further, 
That such funds may be transferred to other Federal departments and 
agencies to carry out such activities: Provided further, That of the 
amounts appropriated for a national media campaign, not

[[Page 123 STAT. 643]]

to exceed 10 percent shall be for administration, advertising 
production, research and testing, labor, and related costs of the 
national media campaign.

                           Unanticipated Needs

    For expenses necessary to enable the President to meet unanticipated 
needs, in furtherance of the national interest, security, or defense 
which may arise at home or abroad during the current fiscal year, as 
authorized by 3 U.S.C. 108, $1,000,000, to remain available until 
September 30, 2010.

             Presidential Transition Administrative Support


                      (including transfer of funds)


    For expenses of the Office of Administration to carry out the 
Presidential Transition Act of 1963 and similar expenses, in addition to 
amounts otherwise appropriated by law, $8,000,000; Provided, That such 
funds may be transferred to other accounts that provide funding for 
offices within the Executive Office of the President and the Office of 
the Vice President in this Act or any other Act, to carry out such 
purposes.

                   Special Assistance to the President


                          salaries and expenses


    For necessary expenses to enable the Vice President to provide 
assistance to the President in connection with specially assigned 
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106, 
including subsistence expenses as authorized by 3 U.S.C. 106, which 
shall be expended and accounted for as provided in that section; and 
hire of passenger motor vehicles, $4,496,000.

                Official Residence of the Vice President


                           operating expenses


                      (including transfer of funds)


    For the care, operation, refurnishing, improvement, and to the 
extent not otherwise provided for, heating and lighting, including 
electric power and fixtures, of the official residence of the Vice 
President; the hire of passenger motor vehicles; and not to exceed 
$90,000 for official entertainment expenses of the Vice President, to be 
accounted for solely on his certificate, $323,000: Provided, That 
advances or repayments or transfers from this appropriation may be made 
to any department or agency for expenses of carrying out such 
activities.

 Administrative Provisions--Executive Office of the President and Funds 
                      Appropriated to the President


                      (including transfer of funds)


    Sec. 201. <<NOTE: Notification.>>   From funds made available in 
this Act under the headings ``White House Office'', ``Executive 
Residence at the White

[[Page 123 STAT. 644]]

House'', ``White House Repair and Restoration'', ``Council of Economic 
Advisors'', ``National Security Council'', ``Office of Administration'', 
``Office of Policy Development'', ``Special Assistance to the 
President'', and ``Official Residence of the Vice President'', the 
Director of the Office of Management and Budget (or such other officer 
as the President may designate in writing), may, 15 days after giving 
notice to the Committees on Appropriations of the House of 
Representatives and the Senate, transfer not to exceed 10 percent of any 
such appropriation to any other such appropriation, to be merged with 
and available for the same time and for the same purposes as the 
appropriation to which transferred: Provided, That the amount of an 
appropriation shall not be increased by more than 50 percent by such 
transfers: Provided further, That no amount shall be transferred from 
``Special Assistance to the President'' or ``Official Residence of the 
Vice President'' without the approval of the Vice President.

    Sec. 202. <<NOTE: Deadline. Financial plan.>>  The President shall 
submit to the Committees on Appropriations of the House of 
Representatives and the Senate not later than 60 days after the date of 
the enactment of this Act, and prior to the initial obligation of funds 
appropriated under the heading ``Office of National Drug Control 
Policy'', a detailed narrative and financial plan on the proposed uses 
of all funds under the heading by program, project, and activity, for 
which the obligation of funds is anticipated: Provided, That up to 20 
percent of funds appropriated under this heading may be obligated before 
the submission of the report subject to prior approval of the Committees 
on Appropriations: <<NOTE: Reports. Deadlines.>>  Provided further, That 
the report shall be updated and submitted to the Committees on 
Appropriations every 6 months and shall include information detailing 
how the estimates and assumptions contained in previous reports have 
changed: Provided further, That any new projects and changes in funding 
of ongoing projects shall be subject to the prior approval of the 
Committees on Appropriations.

    Sec. 203. Not to exceed 2 percent of any appropriations in this Act 
made available to the Office of National Drug Control Policy may be 
transferred between appropriated programs upon the advance approval of 
the Committees on Appropriations: Provided, That no transfer may 
increase or decrease any such appropriation by more than 3 percent.
    Sec. 204. Not to exceed $1,000,000 of any appropriations in this Act 
made available to the Office of National Drug Control Policy may be 
reprogrammed within a program, project, or activity upon the advance 
approval of the Committees on Appropriations.
     This title may be cited as the ``Executive Office of the President 
Appropriations Act, 2009''.

TITLE III <<NOTE: Judiciary Appropriations Act, 2009.>> 

                              THE JUDICIARY

                   Supreme Court of the United States


                          salaries and expenses


    For expenses necessary for the operation of the Supreme Court, as 
required by law, excluding care of the building and grounds, including 
purchase or hire, driving, maintenance, and operation of an automobile 
for the Chief Justice, not to exceed $10,000 for

[[Page 123 STAT. 645]]

the purpose of transporting Associate Justices, and hire of passenger 
motor vehicles as authorized by 31 U.S.C. 1343 and 1344; not to exceed 
$10,000 for official reception and representation expenses; and for 
miscellaneous expenses, to be expended as the Chief Justice may approve, 
$69,777,000, of which $2,000,000 shall remain available until expended.


                    care of the building and grounds


    For such expenditures as may be necessary to enable the Architect of 
the Capitol to carry out the duties imposed upon the Architect by the 
Act approved May 7, 1934 (40 U.S.C. 13a-13b), $18,447,000, which shall 
remain available until expended.

         United States Court of Appeals for the Federal Circuit


                          salaries and expenses


    For salaries of the chief judge, judges, and other officers and 
employees, and for necessary expenses of the court, as authorized by 
law, $30,384,000.

               United States Court of International Trade


                          Salaries and Expenses


    For salaries of the chief judge and eight judges, salaries of the 
officers and employees of the court, services, and necessary expenses of 
the court, as authorized by law, $19,605,000.

     Courts of Appeals, District Courts, and Other Judicial Services


                          Salaries and Expenses


    For the salaries of circuit and district judges (including judges of 
the territorial courts of the United States), justices and judges 
retired from office or from regular active service, judges of the United 
States Court of Federal Claims, bankruptcy judges, magistrate judges, 
and all other officers and employees of the Federal Judiciary not 
otherwise specifically provided for, and necessary expenses of the 
courts, as authorized by law, $4,801,369,000 (including the purchase of 
firearms and ammunition); of which not to exceed $27,817,000 shall 
remain available until expended for space alteration projects and for 
furniture and furnishings related to new space alteration and 
construction projects.
    In addition, for expenses of the United States Court of Federal 
Claims associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed 
$4,253,000, to be appropriated from the Vaccine Injury Compensation 
Trust Fund.


                            defender services


    For the operation of Federal Defender organizations; the 
compensation and reimbursement of expenses of attorneys appointed to 
represent persons under section 3006A of title 18, United States Code, 
and also under section 3599 of title 18, United States Code, in cases in 
which a defendant is charged with a crime that may

[[Page 123 STAT. 646]]

be punishable by death; the compensation and reimbursement of expenses 
of persons furnishing investigative, expert, and other services under 
section 3006A(e) of title 18, United States Code, and also under section 
3599(f) and (g)(2) of title 18, United States Code, in cases in which a 
defendant is charged with a crime that may be punishable by death; the 
compensation (in accordance with the maximums under section 3006A of 
title 18, United States Code) and reimbursement of expenses of attorneys 
appointed to assist the court in criminal cases where the defendant has 
waived representation by counsel; the compensation and reimbursement of 
travel expenses of guardians ad litem acting on behalf of financially 
eligible minor or incompetent offenders in connection with transfers 
from the United States to foreign countries with which the United States 
has a treaty for the execution of penal sentences; the compensation and 
reimbursement of expenses of attorneys appointed to represent jurors in 
civil actions for the protection of their employment, as authorized by 
28 U.S.C. 1875(d); the compensation and reimbursement of expenses of 
attorneys appointed under 18 U.S.C. 983(b)(1) in connection with certain 
judicial civil forfeiture proceedings; and for necessary training and 
general administrative expenses, $849,400,000, to remain available until 
expended.


                    fees of jurors and commissioners


    For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and 
1876; compensation of jury commissioners as authorized by 28 U.S.C. 
1863; and compensation of commissioners appointed in condemnation cases 
pursuant to rule 71A(h) of the Federal Rules of Civil Procedure (28 
U.S.C. Appendix Rule 71A(h)), $62,206,000, to remain available until 
expended: Provided, That the compensation of land commissioners shall 
not exceed the daily equivalent of the highest rate payable under 
section 5332 of title 5, United States Code.


                             court security


                     (including transfers of funds)


    For necessary expenses, not otherwise provided for, incident to the 
provision of protective guard services for United States courthouses and 
other facilities housing Federal court operations, and the procurement, 
installation, and maintenance of security systems and equipment for 
United States courthouses and other facilities housing Federal court 
operations, including building ingress-egress control, inspection of 
mail and packages, directed security patrols, perimeter security, basic 
security services provided by the Federal Protective Service, and other 
similar activities as authorized by section 1010 of the Judicial 
Improvement and Access to Justice Act (Public Law 100-702), 
$428,858,000, of which not to exceed $15,000,000 shall remain available 
until expended, to be expended directly or transferred to the United 
States Marshals Service, which shall be responsible for administering 
the Judicial Facility Security Program consistent with standards or 
guidelines agreed to by the Director of the Administrative Office of the 
United States Courts and the Attorney General.

[[Page 123 STAT. 647]]

            Administrative Office of the United States Courts


                          salaries and expenses


    For necessary expenses of the Administrative Office of the United 
States Courts as authorized by law, including travel as authorized by 31 
U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31 
U.S.C. 1343(b), advertising and rent in the District of Columbia and 
elsewhere, $79,049,000, of which not to exceed $8,500 is authorized for 
official reception and representation expenses.

                         Federal Judicial Center


                          salaries and expenses


    For necessary expenses of the Federal Judicial Center, as authorized 
by Public Law 90-219, $25,725,000; of which $1,800,000 shall remain 
available through September 30, 2010, to provide education and training 
to Federal court personnel; and of which not to exceed $1,500 is 
authorized for official reception and representation expenses.

                        Judicial Retirement Funds


                    payment to judiciary trust funds


    For payment to the Judicial Officers' Retirement Fund, as authorized 
by 28 U.S.C. 377(o), $65,340,000; to the Judicial Survivors' Annuities 
Fund, as authorized by 28 U.S.C. 376(c), $6,600,000; and to the United 
States Court of Federal Claims Judges' Retirement Fund, as authorized by 
28 U.S.C. 178(l), $4,200,000.

                   United States Sentencing Commission


                          salaries and expenses


    For the salaries and expenses necessary to carry out the provisions 
of chapter 58 of title 28, United States Code, $16,225,000, of which not 
to exceed $1,000 is authorized for official reception and representation 
expenses.

                Administrative Provisions--The Judiciary


                      (including transfer of funds)


    Sec. 301.  Appropriations and authorizations made in this title 
which are available for salaries and expenses shall be available for 
services as authorized by 5 U.S.C. 3109.
    Sec. 302.  Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Judiciary in this Act may 
be transferred between such appropriations, but no such appropriation, 
except ``Courts of Appeals, District Courts, and Other Judicial 
Services, Defender Services'' and ``Courts of Appeals, District Courts, 
and Other Judicial Services, Fees of Jurors and Commissioners'', shall 
be increased by more than 10 percent by any such transfers: Provided, 
That any transfer pursuant to this section shall be treated as a 
reprogramming of funds under sections

[[Page 123 STAT. 648]]

604 and 608 of this Act and shall not be available for obligation or 
expenditure except in compliance with the procedures set forth in 
section 608.
    Sec. 303.  Notwithstanding any other provision of law, the salaries 
and expenses appropriation for ``Courts of Appeals, District Courts, and 
Other Judicial Services'' shall be available for official reception and 
representation expenses of the Judicial Conference of the United States: 
Provided, That such available funds shall not exceed $11,000 and shall 
be administered by the Director of the Administrative Office of the 
United States Courts in the capacity as Secretary of the Judicial 
Conference.
    Sec. 304.  Within <<NOTE: Deadline. Financial plan.>>  90 days after 
the date of the enactment of this Act, the Administrative Office of the 
U.S. Courts shall submit to the Committees on Appropriations a 
comprehensive financial plan for the Judiciary allocating all sources of 
available funds including appropriations, fee collections, and carryover 
balances, to include a separate and detailed plan for the Judiciary 
Information Technology Fund.

    Sec. 305.  Section <<NOTE: Applicability.>>  3314(a) of title 40, 
United States Code, shall be applied by substituting ``Federal'' for 
``executive'' each place it appears.

    Sec. 306.  In accordance with 28 U.S.C. 561-569, and notwithstanding 
any other provision of law, the United States Marshals Service shall 
provide, for such courthouses as its Director may designate in 
consultation with the Director of the Administrative Office of the 
United States Courts, for purposes of a pilot program, the security 
services that 40 U.S.C. 1315 authorizes the Department of Homeland 
Security to provide, except for the services specified in 40 U.S.C. 
1315(b)(2)(E). <<NOTE: Reimbursements.>>  For building-specific security 
services at these courthouses, the Director of the Administrative Office 
of the United States Courts shall reimburse the United States Marshals 
Service rather than the Department of Homeland Security.

    Sec. 307. (a). In General.--Section 604(a)(5) of title 28, United 
States Code, is amended by striking ``magistrate judges appointed under 
section 631 of this title,'' and inserting the following: ``, United 
States magistrate judges, bankruptcy judges appointed under chapter 6 of 
this title, judges of the District Court of Guam, judges of the District 
Court for the Northern Mariana Islands, judges of the District Court of 
the Virgin Islands, bankruptcy judges and magistrate judges retired 
under section 377 of this title, and judges retired under section 373 of 
this title, who are''.
    (b) Construction.--For <<NOTE: 5 USC 8701 note.>>  purposes of 
construing and applying chapter 87 of title 5, United States Code, 
including any adjustment of insurance rates by regulation or otherwise, 
the following categories of judicial officers shall be deemed to be 
judges of the United States as described under section 8701 of title 5, 
United States Code:
            (1) United States magistrate judges.
            (2) Bankruptcy judges appointed under chapter 6 of title 28, 
        United States Code.
            (3) Judges of the District Court of Guam, judges of the 
        District Court for the Northern Mariana Islands, and judges of 
        the District Court of the Virgin Islands.
            (4) Bankruptcy judges and magistrate judges retired under 
        section 377 of title 28, United States Code.

[[Page 123 STAT. 649]]

            (5) Judges retired under section 373 of title 28, United 
        States Code.

    (c) Effective Date.--Subsection <<NOTE: 28 USC 604 note.>>  (b) and 
the amendment made by subsection (a) shall apply with respect to any 
payment made on or after the first day of the first applicable pay 
period beginning on or after the date of the enactment of Public Law 
110-177.

    Sec. 308.  Subsection (c) of section 407 of the Transportation, 
Treasury, Housing and Urban Development, the Judiciary, the District of 
Columbia, and Independent Agencies Appropriations Act, 2006 (division A, 
title IV, of Public Law 109-115; 119 Stat. 2396, 2471) is <<NOTE: 28 USC 
604 note.>>  repealed.

    Sec. 309.  Section 203(c) of the Judicial Improvements Act of 1990 
(Public Law 101-650; 28 U.S.C. 133 note), is amended--
            (1) in the second sentence, by inserting ``the district of 
        Hawaii,'' after ``Pennsylvania,'';
            (2) in the third sentence (relating to the District of 
        Kansas), by striking ``17 years'' and inserting ``18 years'';
            (3) in the sixth sentence (relating to the Northern District 
        of Ohio), by striking ``17 years'' and inserting ``18 years''.
            (4) by inserting <<NOTE: Deadline.>>  ``The first vacancy in 
        the office of the district judge in the district of Hawaii 
        occurring 15 years or more after the confirmation date of the 
        judge named to fill the temporary judgeship created under this 
        subsection shall not be filled.'' after the sixth sentence.

    Sec. 310. <<NOTE: 28 USC 461 note.>>  Pursuant to section 140 of 
Public Law 97-92, and from funds appropriated in this Act, Justices and 
judges of the United States are authorized during fiscal year 2009, to 
receive a salary adjustment in accordance with 28 U.S.C. 461.

     This title may be cited as the ``Judiciary Appropriations Act, 
2009''.

TITLE IV <<NOTE: District of Columbia Appropriations Act, 2009.>> 

                          DISTRICT OF COLUMBIA

                              Federal Funds


              federal payment for resident tuition support


    For a Federal payment to the District of Columbia, to be deposited 
into a dedicated account, for a nationwide program to be administered by 
the Mayor, for District of Columbia resident tuition support, 
$35,100,000, to remain available until expended: Provided, That such 
funds, including any interest accrued thereon, may be used on behalf of 
eligible District of Columbia residents to pay an amount based upon the 
difference between in-State and out-of-State tuition at public 
institutions of higher education, or to pay up to $2,500 each year at 
eligible private institutions of higher education: Provided further, 
That the awarding of such funds may be prioritized on the basis of a 
resident's academic merit, the income and need of eligible students and 
such other factors as may be authorized: <<NOTE: Accounts.>>  Provided 
further, That the District of Columbia government shall maintain a 
dedicated account for the Resident Tuition Support Program that shall 
consist of the Federal funds appropriated to the Program in this Act and 
any subsequent appropriations, any unobligated balances from prior 
fiscal years, and any interest earned in this or any fiscal year: 
Provided further, That the account shall be under the control of the 
District of

[[Page 123 STAT. 650]]

Columbia Chief Financial Officer, who shall use those funds solely for 
the purposes of carrying out the Resident Tuition Support Program: 
Provided further, That <<NOTE: Reports. Deadline.>>  the Office of the 
Chief Financial Officer shall provide a quarterly financial report to 
the Committees on Appropriations of the House of Representatives and the 
Senate for these funds showing, by object class, the expenditures made 
and the purpose therefor.


    Federal Payment for Emergency Planning and Security Costs in the 
                          District of Columbia


    For a Federal payment of necessary expenses, as determined by the 
Mayor of the District of Columbia in written consultation with the 
elected county or city officials of surrounding jurisdictions, 
$39,177,000, to remain available until expended and in addition any 
funds that remain available from prior year appropriations under this 
heading for the District of Columbia Government, of which $38,825,000 is 
for the costs of providing public safety at events related to the 
presence of the national capital in the District of Columbia, for the 
costs of providing support requested by the Director of the United 
States Secret Service Division in carrying out protective duties under 
the direction of the Secretary of Homeland Security, and for the costs 
of providing support to respond to immediate and specific terrorist 
threats or attacks in the District of Columbia or surrounding 
jurisdictions; and of which $352,000 is for the District of Columbia 
National Guard retention and college access program.


           federal payment to the district of columbia courts


    For salaries and expenses for the District of Columbia Courts, 
$248,409,000 to be allocated as follows: for the District of Columbia 
Court of Appeals, $12,630,000, of which not to exceed $1,500 is for 
official reception and representation expenses; for the District of 
Columbia Superior Court, $104,277,000, of which not to exceed $1,500 is 
for official reception and representation expenses; for the District of 
Columbia Court System, $55,426,000, of which not to exceed $1,500 is for 
official reception and representation expenses; and $76,076,000, to 
remain available until September 30, 2010, for capital improvements for 
District of Columbia courthouse facilities, including structural 
improvements to the District of Columbia cell block at the Moultrie 
Courthouse: Provided, That funds made available for capital improvements 
shall be expended consistent with the General Services Administration 
(GSA) master plan study and building evaluation 
report: <<NOTE: Reports. Deadlines. Contracts.>>  Provided further, That 
notwithstanding any other provision of law, all amounts under this 
heading shall be apportioned quarterly by the Office of Management and 
Budget and obligated and expended in the same manner as funds 
appropriated for salaries and expenses of other Federal agencies, with 
payroll and financial services to be provided on a contractual basis 
with the GSA, and such services shall include the preparation of monthly 
financial reports, copies of which shall be submitted directly by GSA to 
the President and to the Committees on Appropriations of the House of 
Representatives and the Senate, the Committee on Oversight and 
Government Reform of the House of Representatives, and the Committee on 
Homeland Security and Governmental Affairs of the 
Senate: <<NOTE: Deadline. Notification.>>  Provided further, That 30 
days after providing written notice to the Committees

[[Page 123 STAT. 651]]

on Appropriations of the House of Representatives and the Senate, the 
District of Columbia Courts may reallocate not more than $1,000,000 of 
the funds provided under this heading among the items and entities 
funded under this heading for operations, and not more than 4 percent of 
the funds provided under this heading for facilities.


            defender services in district of columbia courts


    For payments authorized under section 11-2604 and section 11-2605, 
D.C. Official Code (relating to representation provided under the 
District of Columbia Criminal Justice Act), payments for counsel 
appointed in proceedings in the Family Court of the Superior Court of 
the District of Columbia under chapter 23 of title 16, D.C. Official 
Code, or pursuant to contractual agreements to provide guardian ad litem 
representation, training, technical assistance, and such other services 
as are necessary to improve the quality of guardian ad litem 
representation, payments for counsel appointed in adoption proceedings 
under chapter 3 of title 16, D.C. Code, and payments for counsel 
authorized under section 21-2060, D.C. Official Code (relating to 
representation provided under the District of Columbia Guardianship, 
Protective Proceedings, and Durable Power of Attorney Act of 1986), 
$52,475,000, to remain available until expended: Provided, That the 
funds provided in this Act under the heading ``Federal Payment to the 
District of Columbia Courts'' (other than the $76,076,000 provided under 
such heading for capital improvements for District of Columbia 
courthouse facilities) may also be used for payments under this heading: 
Provided further, That in addition to the funds provided under this 
heading, the Joint Committee on Judicial Administration in the District 
of Columbia may use funds provided in this Act under the heading 
``Federal Payment to the District of Columbia Courts'' (other than the 
$76,076,000 provided under such heading for capital improvements for 
District of Columbia courthouse facilities), to make payments described 
under this heading for obligations incurred during any fiscal year: 
Provided further, That funds provided under this heading shall be 
administered by the Joint Committee on Judicial Administration in the 
District of Columbia: <<NOTE: Reports. Deadlines. Contracts.>>  Provided 
further, That notwithstanding any other provision of law, this 
appropriation shall be apportioned quarterly by the Office of Management 
and Budget and obligated and expended in the same manner as funds 
appropriated for expenses of other Federal agencies, with payroll and 
financial services to be provided on a contractual basis with the 
General Services Administration (GSA), and such services shall include 
the preparation of monthly financial reports, copies of which shall be 
submitted directly by GSA to the President and to the Committees on 
Appropriations of the House of Representatives and the Senate, the 
Committee on Oversight and Government Reform of the House of 
Representatives, and the Committee on Homeland Security and Governmental 
Affairs of the Senate.


 Federal Payment to the Court Services and Offender Supervision Agency 
                      for the District of Columbia


    For salaries and expenses, including the transfer and hire of motor 
vehicles, of the Court Services and Offender Supervision Agency for the 
District of Columbia, as authorized by the National

[[Page 123 STAT. 652]]

Capital Revitalization and Self-Government Improvement Act of 1997, 
$203,490,000, of which not to exceed $2,000 is for official reception 
and representation expenses related to Community Supervision and 
Pretrial Services Agency programs; of which not to exceed $25,000 is for 
dues and assessments relating to the implementation of the Court 
Services and Offender Supervision Agency Interstate Supervision Act of 
2002; of which not to exceed $400,000 for the Community Supervision 
Program and $160,000 for the Pretrial Services Program, both to remain 
available until September 30, 2010, are for information technology 
infrastructure enhancement acquisitions; of which $148,652,000 shall be 
for necessary expenses of Community Supervision and Sex Offender 
Registration, to include expenses relating to the supervision of adults 
subject to protection orders or the provision of services for or related 
to such persons; of which $54,838,000 shall be available to the Pretrial 
Services Agency: <<NOTE: Deadline.>>  Provided, That notwithstanding any 
other provision of law, all amounts under this heading shall be 
apportioned quarterly by the Office of Management and Budget and 
obligated and expended in the same manner as funds appropriated for 
salaries and expenses of other Federal agencies: Provided further, That 
not less than $2,000,000 shall be available for re-entrant housing in 
the District of Columbia: Provided further, That the Director is 
authorized to accept and use gifts in the form of in-kind contributions 
of space and hospitality to support offender and defendant programs, and 
equipment and vocational training services to educate and train 
offenders and defendants: <<NOTE: Records. Public information.>>  
Provided further, That the Director shall keep accurate and detailed 
records of the acceptance and use of any gift or donation under the 
previous proviso, and shall make such records available for audit and 
public inspection: Provided further, That the Court Services and 
Offender Supervision Agency Director is authorized to accept and use 
reimbursement from the District of Columbia Government for space and 
services provided on a cost reimbursable basis.


   federal payment to the district of columbia public defender service


    For salaries and expenses, including the transfer and hire of motor 
vehicles, of the District of Columbia Public Defender Service, as 
authorized by the National Capital Revitalization and Self-Government 
Improvement Act of 1997, $35,659,000, of which $700,000 is to remain 
available until September 30, 2010: Provided, That notwithstanding any 
other provision of law, all amounts under this heading shall be 
apportioned quarterly by the Office of Management and Budget and 
obligated and expended in the same manner as funds appropriated for 
salaries and expenses of Federal agencies. Provided further, That for 
fiscal year 2009 and thereafter, the Public Defender Service is 
authorized to charge fees to cover costs of materials distributed and 
training provided to attendees of educational events, including 
conferences, sponsored by the Public Defender Service, and 
notwithstanding 31 U.S.C. 3302, such fees shall be credited to this 
account, to be available until expended without further appropriation.

[[Page 123 STAT. 653]]

  Federal Payment to the District of Columbia Water and Sewer Authority


    For a Federal payment to the District of Columbia Water and Sewer 
Authority, $16,000,000, to remain available until expended, to continue 
implementation of the Combined Sewer Overflow Long-Term Plan: Provided, 
That the District of Columbia Water and Sewer Authority provides a 100 
percent match for this payment.


      federal payment to the criminal justice coordinating council


    For a Federal payment to the Criminal Justice Coordinating Council, 
$1,774,000, to remain available until expended, to support initiatives 
related to the coordination of Federal and local criminal justice 
resources in the District of Columbia.


  federal payment to the office of the chief financial officer of the 
                          district of columbia


    For a Federal payment to the Office of the Chief Financial Officer 
of the District of Columbia, $4,887,622: Provided, 
That <<NOTE: Budget. Deadlines. Reports.>>  each entity that receives 
funding under this heading shall submit to the Office of the Chief 
Financial Officer of the District of Columbia (CFO) a detailed budget 
and comprehensive description of the activities to be carried out with 
such funds no later than 60 days after enactment of this Act, and the 
CFO shall submit a comprehensive report to the Committees on 
Appropriations of the House of Representatives and the Senate no later 
than June 1, 2009.


                 Federal Payment for School Improvement


    For a Federal payment for a school improvement program in the 
District of Columbia, $54,000,000, to be allocated as follows: for the 
District of Columbia Public Schools, $20,000,000 to improve public 
school education in the District of Columbia; for the State Education 
Office, $20,000,000 to expand quality public charter schools in the 
District of Columbia, to remain available until expended; for the 
Secretary of the Department of Education, $14,000,000 to provide 
opportunity scholarships for students in the District of Columbia in 
accordance with division C, title III of the District of Columbia 
Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 126), of which 
up to $1,000,000 may be used to administer and fund assessments: 
Provided, That none of the funds provided in this Act or any other Act 
for opportunity scholarships may be used by an eligible student to 
enroll in a participating school under the D.C. School Choice Incentive 
Act of 2003 unless (1) the participating school has and maintains a 
valid certificate of occupancy issued by the District of Columbia; and 
(2) the core subject matter teachers of the eligible student hold 4-year 
bachelor's degrees: Provided further, That use of any funds in this Act 
or any other Act for opportunity scholarships after school year 2009-
2010 shall only be available upon enactment of reauthorization of that 
program by Congress and the adoption of legislation by the District of 
Columbia approving such reauthorization.

[[Page 123 STAT. 654]]

           federal payment to jump start public school reform

    For a Federal payment to jump start public school reform in the 
District of Columbia, $20,000,000, of which $3,500,000 is to support the 
recruitment, development and training of principals and other school 
leaders; $7,000,000 is to develop optimal school programs and intervene 
in low performing schools; $7,500,000 is for a customized data reporting 
and accountability system on student performance as well as increased 
outreach and training for parents and community members; and $2,000,000 
is to support data reporting requirements associated with the District 
of Columbia Public Schools teacher incentive program: Provided, That up 
to $500,000 or 10 percent, whichever is less, of the amounts above may 
be transferred as necessary from one activity to another activity: 
Provided further, That <<NOTE: Notification. Deadline.>>  the Committees 
on Appropriations of the House of Representatives and Senate are 
notified in writing 15 days in advance of the transfer: Provided 
further, That any amount provided under this heading shall be available 
only after such amount has been apportioned pursuant to chapter 15 of 
title 31, United States Code.


          federal payment for consolidated laboratory facility


    For a Federal payment to the District of Columbia, $21,000,000, to 
remain available until September 30, 2010, for costs associated with the 
construction of a consolidated bioterrorism and forensics laboratory: 
Provided, That the District of Columbia provides a 100 percent match for 
this payment.


        federal payment for central library and branch locations


    For a Federal payment to the District of Columbia, $7,000,000, to 
remain available until expended, for the Federal contribution for costs 
associated with the renovation and rehabilitation of District libraries.


Federal Payment to the Executive Office of the Mayor of the District of 
                                Columbia


    For a Federal payment to the Executive Office of the Mayor of the 
District of Columbia to enhance the quality of life for District 
residents, $3,387,500, of which $1,250,000 shall be available as 
matching funds to temporarily continue Federal benefits for low-income 
couples who decide to marry, and of which $2,137,500 shall be to 
continue Marriage Development Accounts in the District of Columbia: 
Provided, That <<NOTE: Expenditure plan.>>  no funds shall be expended 
until the Mayor of the District of Columbia submits a detailed 
expenditure plan, including performance measures, to the Committees on 
Appropriations of the House of Representatives and the 
Senate: <<NOTE: Reports. Deadlines.>>  Provided further, That the 
District submit a preliminary progress report on activities no later 
than June 1, 2009, and a final report including a detailed description 
of outcomes achieved no later than February 1, 2010.

                       District of Columbia Funds

    The following amounts are appropriated for the District of Columbia 
for the current fiscal year out of the General Fund of the District of 
Columbia (``General Fund''), except as otherwise

[[Page 123 STAT. 655]]

specifically provided: Provided, That notwithstanding any other 
provision of law, except as provided in section 450A of the District of 
Columbia Home Rule Act, approved November 2, 2000 (114 Stat. 2440; D.C. 
Official Code Sec. 1-204.50a), and provisions of this Act, the total 
amount appropriated in this Act for operating expenses for the District 
of Columbia for fiscal year 2009 under this heading shall not exceed the 
lesser of the sum of the total revenues of the District of Columbia for 
such fiscal year or $9,888,095,000 (of which $6,082,474,000 shall be 
from local funds (including $420,119,000 from dedicated taxes), 
$2,177,382,000 shall be from Federal grant funds, $1,621,929,000 shall 
be from other funds, and $6,310,000 shall be from private funds); in 
addition, $202,326,130 from funds previously appropriated in this Act as 
Federal payments: Provided further, That of the local funds, such 
amounts as may be necessary may be derived from the District's General 
Fund balance: Provided further, That of these funds the District's 
intradistrict authority shall be $725,461,000: in addition, for capital 
construction projects, an increase of $1,482,977,000, of which 
$1,121,734,000 shall be from local funds, $107,794,000 from the Local 
Street Maintenance fund, $60,708,000 from the District of Columbia 
Highway Trust Fund, $192,741,000 from Federal grant funds, and a 
rescission of $353,447,000 from local funds and a rescission of 
$37,500,000 from Local Street Maintenance funds appropriated under this 
heading in prior fiscal years for a net amount of $1,092,030,000 to 
remain available until expended: <<NOTE: Incorporation by reference.>>  
Provided further, That the amounts provided under this heading are to be 
available, allocated and expended as proposed under ``Title III--
District of Columbia Funds Division of Expenses'' of the Fiscal Year 
2009 Proposed Budget and Financial Plan submitted to the Congress by the 
District of Columbia on June 9, 2008 and such title is hereby 
incorporated by reference as though set forth fully herein: Provided 
further, That this amount may be increased by proceeds of one-time 
transactions which are expended for emergency or unanticipated operating 
or capital needs: Provided further, That such increases shall be 
approved by enactment of local District law and shall comply with all 
reserve requirements contained in the District of Columbia Home Rule Act 
approved December 24, 1973 (87 Stat. 777; D.C. Official Code Sec. 1-
201.01 et seq.), as amended by this Act: Provided further, That the 
Chief Financial Officer of the District of Columbia shall take such 
steps as are necessary to assure that the District of Columbia meets 
these requirements, including the apportioning by the Chief Financial 
Officer of the appropriations and funds made available to the District 
during fiscal year 2009, except that the Chief Financial Officer may not 
reprogram for operating expenses any funds derived from bonds, notes, or 
other obligations issued for capital projects.

     This title may be cited as the ``District of Columbia 
Appropriations Act, 2009''.

[[Page 123 STAT. 656]]

                                 TITLE V

                          INDEPENDENT AGENCIES

             Administrative Conference of the United States


                          SALARIES AND EXPENSES


    For necessary expenses of the Administrative Conference of the 
United States, authorized by 5 U.S.C. 591 et seq., $1,500,000, of which, 
not to exceed $1,000 is for official reception and representation 
expenses.

               Christopher Columbus Fellowship Foundation


                          SALARIES AND EXPENSES


    For payment to the Christopher Columbus Fellowship Foundation, 
established by section 423 of Public Law 102-281, $1,000,000, to remain 
available until expended.

                  Commodity Futures Trading Commission


                          salaries and expenses


    For necessary expenses to carry out the provisions of the Commodity 
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of 
passenger motor vehicles, and the rental of space (to include multiple 
year leases) in the District of Columbia and elsewhere, $146,000,000, 
including not to exceed $3,000 for official reception and representation 
expenses: Provided, That $34,734,000 of the total amount appropriated 
under this heading shall not be available for obligation until the 
Commodity Futures Trading Commission submits an expenditure plan for 
fiscal year 2009 to the Committees on Appropriations of the House of 
Representatives and the Senate.

                   Consumer Product Safety Commission


                          salaries and expenses


    For necessary expenses of the Consumer Product Safety Commission 
(CPSC), including hire of passenger motor vehicles, services as 
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed 
the per diem rate equivalent to the maximum rate payable under 5 U.S.C. 
5376, purchase of nominal awards to recognize non-Federal officials' 
contributions to Commission activities, and not to exceed $2,000 for 
official reception and representation expenses, $105,404,000, of which 
$6,000,000 shall remain available for obligation until September 30, 
2011 for costs associated with the relocation of CPSC's laboratory to a 
modern facility and the upgrade of laboratory equipment, and of which 
$2,000,000 shall remain available for obligation until September 30, 
2010 to implement the Virginia Graeme Baker Pool and Spa Safety Act 
grant program as provided by section 1405 of Public Law 110-140 (15 
U.S.C. 8004).

[[Page 123 STAT. 657]]

                     Election Assistance Commission


                          salaries and expenses


                      (including transfer of funds)


    For necessary expenses to carry out the Help America Vote Act of 
2002, $17,959,000, of which $4,000,000 shall be transferred to the 
National Institute of Standards and Technology for election reform 
activities authorized under the Help America Vote Act of 2002: Provided, 
That $750,000 shall be for the Help America Vote College Program as 
provided by the Help America Vote Act of 2002 (Public Law 107-252): 
Provided further, That $300,000 shall be for a competitive grant program 
to support community involvement in student and parent mock elections.


                        election reform programs


    For necessary expenses relating to election reform programs, 
$106,000,000, to remain available until expended, of which $100,000,000 
shall be for requirements payments under part 1 of subtitle D of title 
II of the Help America Vote Act of 2002 (Public Law 107-252), $5,000,000 
shall be for grants to carry out research on voting technology 
improvements as authorized under part 3 of subtitle D of title II of 
such Act, and $1,000,000, shall be to conduct a pilot program for grants 
to States and units of local government for pre-election logic and 
accuracy testing and post-election voting systems verification.

                    Federal Communications Commission


                          salaries and expenses


                      (including transfer of funds)


    For necessary expenses of the Federal Communications Commission, as 
authorized by law, including uniforms and allowances therefor, as 
authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official 
reception and representation expenses; purchase and hire of motor 
vehicles; special counsel fees; and services as authorized by 5 U.S.C. 
3109, $341,875,000: Provided, That of the funds provided, not less than 
$3,000,000 shall be available to establish and administer a State 
Broadband Data and Development matching grants program for State-level 
broadband demand aggregation activities and creation of geographic 
inventory maps of broadband service to identify gaps in service and 
provide a baseline assessment of statewide broadband deployment: 
Provided further, That $341,875,000 of offsetting collections shall be 
assessed and collected pursuant to section 9 of title I of the 
Communications Act of 1934, shall be retained and used for necessary 
expenses in this appropriation, and shall remain available until 
expended: Provided further, That the sum herein appropriated shall be 
reduced as such offsetting collections are received during fiscal year 
2009 so as to result in a final fiscal year 2009 appropriation estimated 
at $0: Provided further, That any offsetting collections received in 
excess of $341,875,000 in fiscal year 2009 shall not be available for 
obligation: Provided further, That remaining offsetting collections from 
prior years collected in excess of the amount specified for collection 
in each such year and otherwise becoming available

[[Page 123 STAT. 658]]

on October 1, 2008, shall not be available for obligation: Provided 
further, That notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from the 
use of a competitive bidding system that may be retained and made 
available for obligation shall not exceed $85,000,000 for fiscal year 
2009: Provided further, That, in addition, not to exceed $25,480,000 may 
be transferred from the Universal Service Fund in fiscal year 2009 to 
remain available until expended, to monitor the Universal Service Fund 
program to prevent and remedy waste, fraud and abuse, and to conduct 
audits and investigations by the Office of Inspector General.


      Administrative Provisions--Federal Communications Commission


    Sec. 501. Section 302 of the Universal Service Antideficiency 
Temporary Suspension Act <<NOTE: 118 Stat. 3998.>>  is amended by 
striking ``December 31, 2008'', each place it appears and inserting 
``December 31, 2009''.

    Sec. 502. None of the funds appropriated by this Act may be used by 
the Federal Communications Commission to modify, amend, or change its 
rules or regulations for universal service support payments to implement 
the February 27, 2004 recommendations of the Federal-State Joint Board 
on Universal Service regarding single connection or primary line 
restrictions on universal service support payments.

                  Federal Deposit Insurance Corporation


                       Office of Inspector General


    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$27,495,000, to be derived from the Deposit Insurance Fund or, only when 
appropriate, the FSLIC Resolution Fund.

                       Federal Election Commission


                          salaries and expenses


    For necessary expenses to carry out the provisions of the Federal 
Election Campaign Act of 1971, $63,618,000, of which not to exceed 
$5,000 shall be available for reception and representation expenses.

                    Federal Labor Relations Authority

                          salaries and expenses

    For necessary expenses to carry out functions of the Federal Labor 
Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978, 
and the Civil Service Reform Act of 1978, including services authorized 
by 5 U.S.C. 3109, and including hire of experts and consultants, hire of 
passenger motor vehicles, and rental of conference rooms in the District 
of Columbia and elsewhere, $22,674,000: Provided, That public members of 
the Federal Service Impasses Panel may be paid travel expenses and per 
diem in lieu of subsistence as authorized by law (5 U.S.C. 5703) for 
persons employed intermittently in the Government service, and 
compensation as authorized by 5 U.S.C. 3109: Provided further, That 
notwithstanding 31 U.S.C. 3302, funds received from fees charged to non-

[[Page 123 STAT. 659]]

Federal participants at labor-management relations conferences shall be 
credited to and merged with this account, to be available without 
further appropriation for the costs of carrying out these conferences.

                        Federal Trade Commission

                          salaries and expenses

    For necessary expenses of the Federal Trade Commission, including 
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
services as authorized by 5 U.S.C. 3109; hire of passenger motor 
vehicles; and not to exceed $2,000 for official reception and 
representation expenses, $259,200,000, to remain available until 
expended: Provided, That not to exceed $300,000 shall be available for 
use to contract with a person or persons for collection services in 
accordance with the terms of 31 U.S.C. 3718: Provided further, That, 
notwithstanding any other provision of law, not to exceed $168,000,000 
of offsetting collections derived from fees collected for premerger 
notification filings under the Hart-Scott-Rodino Antitrust Improvements 
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection, shall 
be retained and used for necessary expenses in this appropriation: 
Provided further, That, notwithstanding any other provision of law, not 
to exceed $21,000,000 in offsetting collections derived from fees 
sufficient to implement and enforce the Telemarketing Sales Rule, 
promulgated under the Telemarketing and Consumer Fraud and Abuse 
Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to this 
account, and be retained and used for necessary expenses in this 
appropriation: Provided further, That the sum herein appropriated from 
the general fund shall be reduced as such offsetting collections are 
received during fiscal year 2009, so as to result in a final fiscal year 
2009 appropriation from the general fund estimated at not more than 
$70,200,000: Provided further, That none of the funds made available to 
the Federal Trade Commission may be used to implement subsection 
(e)(2)(B) of section 43 of the Federal Deposit Insurance Act (12 U.S.C. 
1831t).

                     General Services Administration

                        real property activities

                         federal buildings fund

                 limitations on availability of revenue

    For an additional amount to be deposited in the Federal Buildings 
Fund, $651,198,000. To carry out the purposes of the Fund established 
pursuant to section 592 of title 40, United States Code, the revenues 
and collections deposited into the Fund shall be available for necessary 
expenses of real property management and related activities not 
otherwise provided for, including operation, maintenance, and protection 
of federally owned and leased buildings; rental of buildings in the 
District of Columbia; restoration of leased premises; moving 
governmental agencies (including space adjustments and 
telecommunications relocation expenses) in connection with the 
assignment, allocation and transfer of space; contractual services 
incident to cleaning or servicing buildings, and moving;

[[Page 123 STAT. 660]]

repair and alteration of federally owned buildings including grounds, 
approaches and appurtenances; care and safeguarding of sites; 
maintenance, preservation, demolition, and equipment; acquisition of 
buildings and sites by purchase, condemnation, or as otherwise 
authorized by law; acquisition of options to purchase buildings and 
sites; conversion and extension of federally owned buildings; 
preliminary planning and design of projects by contract or otherwise; 
construction of new buildings (including equipment for such buildings); 
and payment of principal, interest, and any other obligations for public 
buildings acquired by installment purchase and purchase contract; in the 
aggregate amount of $8,427,771,000, of which: (1) $746,317,000 shall 
remain available until expended for construction (including funds for 
sites and expenses and associated design and construction services) of 
additional projects at the following locations:
            New Construction:
                    Alabama:
                          Tuscaloosa Federal Building, $25,000,000.
                    California:
                          San Diego, United States Courthouse Annex, 
                      $110,362,000.
                          San Ysidro, Land Port of Entry, $58,910,000.
                    Colorado:
                          Lakewood, Denver Federal Center Remediation, 
                      $10,472,000.
                    District of Columbia:
                          DHS Consolidation and development of St. 
                      Elizabeths Campus, $331,390,000.
                          Federal Office Building 8, $15,000,000.
                          St. Elizabeths West Campus Infrastructure, 
                      $8,249,000.
                          St. Elizabeths West Campus Site Acquisition, 
                      $7,000,000.
                    Maryland:
                          Montgomery County, Food and Drug 
                      Administration Consolidation, $163,530,000.
                    North Dakota:
                          Portal, Land Port of Entry, $15,204,000:

Provided, That each of the foregoing limits of costs on new construction 
projects may be exceeded to the extent that savings are affected in 
other such projects, but not to exceed 10 percent of the amounts 
included in an approved prospectus, if required, unless advance approval 
is obtained from the Committees on Appropriations of a greater 
amount: <<NOTE: Expiration date.>>  Provided further, That all funds for 
direct construction projects shall expire on September 30, 2010 and 
remain in the Federal Buildings Fund except for funds for projects as to 
which funds for design or other funds have been obligated in whole or in 
part prior to such date: Provided further, That <<NOTE: Project plan. 40 
USC 301 note.>>  for fiscal year 2010 and thereafter, the annual budget 
submission of the General Services Administration shall include a 
detailed 5-year plan for Federal building construction projects with a 
yearly update of total projected future funding needs: Provided further, 
That for <<NOTE: Project plan.>>  fiscal year 2010 and thereafter, the 
annual budget submission of the General Services Administration shall, 
in consultation with U.S. Customs and Border Protection, include a 
detailed 5-year plan for Federal land port-of-entry projects with a 
yearly update of total projected future funding needs; (2) $692,374,000

[[Page 123 STAT. 661]]

shall remain available until expended for repairs and alterations, which 
includes associated design and construction services:
            Repairs and Alterations:
                    District of Columbia:
                          Eisenhower Executive Office Building, CBR, 
                      $14,700,000.
                          Eisenhower Executive Office Building, Phase 
                      III, $51,075,000.
                          West Wing Infrastructure Systems Replacement, 
                      $76,487,000.
                    Illinois:
                          Chicago, Dirksen Courthouse, $152,825,000.
                    North Carolina:
                          New Bern, United States Post Office and 
                      Courthouse, $10,640,000.
                    Special Emphasis Programs:
                          Energy and Water Retrofit and Conservation 
                      Measures, $36,647,000.
                    Basic Repairs and Alterations, $350,000,000:

Provided further, That <<NOTE: Advanced approval.>>  funds made 
available in this or any previous Act in the Federal Buildings Fund for 
Repairs and Alterations shall, for prospectus projects, be limited to 
the amount identified for each project, except each project in this or 
any previous Act may be increased by an amount not to exceed 10 percent 
unless advance approval is obtained from the Committees on 
Appropriations of a greater amount: Provided further, 
That <<NOTE: Advanced approval.>>  additional projects for which 
prospectuses have been fully approved may be funded under this category 
only if advance approval is obtained from the Committees on 
Appropriations: Provided further, That the amounts provided in this or 
any prior Act for ``Repairs and Alterations'' may be used to fund costs 
associated with implementing security improvements to buildings 
necessary to meet the minimum standards for security in accordance with 
current law and in compliance with the reprogramming guidelines of the 
appropriate Committees of the House and Senate: Provided further, That 
the difference between the funds appropriated and expended on any 
projects in this or any prior Act, under the heading ``Repairs and 
Alterations'', may be transferred to Basic Repairs and Alterations or 
used to fund authorized increases in prospectus 
projects: <<NOTE: Expiration date.>>  Provided further, That all funds 
for repairs and alterations prospectus projects shall expire on 
September 30, 2010 and remain in the Federal Buildings Fund except funds 
for projects as to which funds for design or other funds have been 
obligated in whole or in part prior to such date: Provided further, That 
the amount provided in this or any prior Act for Basic Repairs and 
Alterations may be used to pay claims against the Government arising 
from any projects under the heading ``Repairs and Alterations'' or used 
to fund authorized increases in prospectus projects; (3) $149,570,000 
for installment acquisition payments including payments on purchase 
contracts which shall remain available until expended; (4) 
$4,642,156,000 for rental of space which shall remain available until 
expended; and (5) $2,197,354,000 for building operations which shall 
remain available until expended: Provided further, That funds available 
to the General Services Administration shall not be available for 
expenses of any construction, repair, alteration and acquisition project 
for which a prospectus, if required by the Public Buildings Act of 1959, 
has not been approved, except that necessary funds

[[Page 123 STAT. 662]]

may be expended for each project for required expenses for the 
development of a proposed prospectus: Provided further, That funds 
available in the Federal Buildings Fund may be expended for emergency 
repairs when advance approval is obtained from the Committees on 
Appropriations: Provided further, That amounts necessary to provide 
reimbursable special services to other agencies under section 210(f)(6) 
of the Federal Property and Administrative Services Act of 1949 (40 
U.S.C. 592(b)(2)) and amounts to provide such reimbursable fencing, 
lighting, guard booths, and other facilities on private or other 
property not in Government ownership or control as may be appropriate to 
enable the United States Secret Service to perform its protective 
functions pursuant to 18 U.S.C. 3056, shall be available from such 
revenues and collections: Provided further, That revenues and 
collections and any other sums accruing to this Fund during fiscal year 
2009, excluding reimbursements under section 210(f)(6) of the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C. 592(b)(2)) 
in excess of the aggregate new obligational authority authorized for 
Real Property Activities of the Federal Buildings Fund in this Act shall 
remain in the Fund and shall not be available for expenditure except as 
authorized in appropriations Acts.


                           GENERAL ACTIVITIES


                         Government-wide Policy


    For expenses authorized by law, not otherwise provided for, for 
Government-wide policy and evaluation activities associated with the 
management of real and personal property assets and certain 
administrative services; Government-wide policy support responsibilities 
relating to acquisition, telecommunications, information technology 
management, and related technology activities; and services as 
authorized by 5 U.S.C. 3109; $54,578,000.

                           operating expenses

    For expenses authorized by law, not otherwise provided for, for 
Government-wide activities associated with utilization and donation of 
surplus personal property; disposal of real property; agency-wide policy 
direction, management, and communications; Civilian Board of Contract 
Appeals; services as authorized by 5 U.S.C. 3109; and not to exceed 
$7,500 for official reception and representation expenses; $70,645,000.


                       Office of Inspector General


    For necessary expenses of the Office of Inspector General and 
service authorized by 5 U.S.C. 3109, $54,000,000: Provided, That not to 
exceed $15,000 shall be available for payment for information and 
detection of fraud against the Government, including payment for 
recovery of stolen Government property: Provided further, That not to 
exceed $2,500 shall be available for awards to employees of other 
Federal agencies and private citizens in recognition of efforts and 
initiatives resulting in enhanced Office of Inspector General 
effectiveness.

[[Page 123 STAT. 663]]

            allowances and office staff for former presidents


                      (including transfer of funds)


    For carrying out the provisions of the Act of August 25, 1958 (3 
U.S.C. 102 note), and Public Law 95-138, $2,934,000: Provided, That the 
Administrator of General Services shall transfer to the Secretary of the 
Treasury such sums as may be necessary to carry out the provisions of 
such Acts.

                    presidential transition expenses

    For expenses necessary to carry out the Presidential Transition Act 
of 1963, $8,520,000, of which not to exceed $1,000,000 is for activities 
authorized by subsections 3(a)(8) and (9) of the Act.

                      federal citizen services fund

    For necessary expenses of the Office of Citizen Services, including 
services authorized by 5 U.S.C. 3109, $36,096,000, to be deposited into 
the Federal Citizen Services Fund: Provided, That the appropriations, 
revenues, and collections deposited into the Fund shall be available for 
necessary expenses of Federal Citizen Services activities in the 
aggregate amount not to exceed $50,000,000. Appropriations, revenues, 
and collections accruing to this Fund during fiscal year 2009 in excess 
of such amount shall remain in the Fund and shall not be available for 
expenditure except as authorized in appropriations Acts.

       administrative provisions--general services administration

                     (including transfers of funds)

    Sec. 510.  Funds available to the General Services Administration 
shall be available for the hire of passenger motor vehicles.
    Sec. 511.  Funds in the Federal Buildings Fund made available for 
fiscal year 2009 for Federal Buildings Fund activities may be 
transferred between such activities only to the extent necessary to meet 
program requirements: Provided, That <<NOTE: Advanced approval.>>  any 
proposed transfers shall be approved in advance by the Committees on 
Appropriations.

    Sec. 512. Except as otherwise provided in this title, funds made 
available by this Act shall be used to transmit a fiscal year 2010 
request for United States Courthouse construction only if the request: 
(1) meets the design guide standards for construction as established and 
approved by the General Services Administration, the Judicial Conference 
of the United States, and the Office of Management and Budget; (2) 
reflects the priorities of the Judicial Conference of the United States 
as set out in its approved 5-year construction plan; and (3) includes a 
standardized courtroom utilization study of each facility to be 
constructed, replaced, or expanded.
    Sec. 513.  None of the funds provided in this Act may be used to 
increase the amount of occupiable square feet, provide cleaning 
services, security enhancements, or any other service usually provided 
through the Federal Buildings Fund, to any agency that does not pay the 
rate per square foot assessment for space and services as determined by 
the General Services Administration

[[Page 123 STAT. 664]]

in compliance with the Public Buildings Amendments Act of 1972 (Public 
Law 92-313).
    Sec. 514.  From funds made available under the heading ``Federal 
Buildings Fund, Limitations on Availability of Revenue'', claims against 
the Government of less than $250,000 arising from direct construction 
projects and acquisition of buildings may be liquidated from savings 
effected in other construction projects with prior notification to the 
Committees on Appropriations.
    Sec. 515.  In <<NOTE: Contracts. Explanatory statement.>>  any case 
in which the Committee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Environment and Public Works of 
the Senate adopt a resolution granting lease authority pursuant to a 
prospectus transmitted to Congress by the Administrator of General 
Services under section 3307 of title 40, United States Code, the 
Administrator shall ensure that the delineated area of procurement is 
identical to the delineated area included in the prospectus for all 
lease agreements, except that, if the Administrator determines that the 
delineated area of the procurement should not be identical to the 
delineated area included in the prospectus, the Administrator shall 
provide an explanatory statement to each of such committees and the 
House and Senate Committees on Appropriations prior to exercising any 
lease authority provided in the resolution.

    Sec. 516.  Subsections (a) and (b)(1) of section 323 of title 40, 
United States Code, are each amended by striking ``Consumer Information 
Center'' and inserting ``Federal Citizen Services''; and subsection (a) 
is further amended by striking ``consumer''.
    Sec. 517. In furtherance of the emergency management policy set 
forth in the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act, the Administrator of the General Services Administration may 
provide for the use of the Federal supply schedules of the General 
Services Administration by relief and disaster assistance organizations 
as described in section 309 of that Act. Purchases under this authority 
shall be limited to use in preparation for, response to, and recovery 
from hazards as defined in section 602 of that Act.
    Sec. 518. Working Capital Fund.  (a) Purpose and Operation of 
Working Capital Fund.--Subsections (a), (b) and (c) of section 3173 of 
title 40, United States Code, are amended to read as follows:
    ``(a) Establishment and Purpose.--There is a working capital fund 
for the necessary expenses of administrative support services including 
accounting, budget, personnel, legal support and other related services; 
and the maintenance and operation of printing and reproduction 
facilities in support of the functions of the General Services 
Administration, other Federal agencies, and other entities; and other 
such administrative and management services that the Administrator of 
GSA deems appropriate and advantageous (subject to prior notice to the 
Office of Management and Budget).
    ``(b) Composition.--
            ``(1) In general.--Amounts received shall be credited to and 
        merged with the Fund, to remain available until expended, for 
        operating costs and capital outlays of the Fund: Provided, That 
        entities for which such services are performed shall be charged 
        at rates which will return in full all costs of providing such 
        services.
            ``(2) Cost and capital requirements.--The Administrator 
        shall determine the cost and capital requirements of the Fund

[[Page 123 STAT. 665]]

        for each fiscal year and shall develop a plan concerning such 
        requirements in consultation with the Chief Financial Officer of 
        the General Services Administration. Any change to the cost and 
        capital requirements of the Fund for a fiscal year shall be 
        approved by the Administrator. The Administrator shall establish 
        rates to be charged to entities for which services are 
        performed, in accordance with the plan.

    ``(c) Deposit of Excess Amounts in the Treasury.--At the close of 
each fiscal year, after making provision for anticipated operating needs 
reflected in the cost and capital plan developed under subsection (b), 
the uncommitted balance of any funds remaining in the Fund shall be 
transferred to the general fund of the Treasury as miscellaneous 
receipts.''.
    (b) Transfer and Use of Amounts for Major Equipment Acquisitions.--
Section 3173 of title 40, United States Code, is amended to add 
subsection (d), as follows:
    ``(d) Transfer and Use of Amounts for Major Equipment 
Acquisitions.--
            ``(1) In general.--Subject to subparagraph (2), unobligated 
        balances of amounts appropriated or otherwise made available to 
        the General Services Administration for operating expenses and 
        salaries and expenses may be transferred and merged into the 
        `Major equipment acquisitions and development activity' of the 
        working capital fund of the General Services Administration for 
        agency-wide acquisition of capital equipment, automated data 
        processing systems and financial management and management 
        information systems: Provided, That acquisitions are limited to 
        those needed to implement the Chief Financial Officers Act of 
        1990 (Public Law 101-576, 104 Stat. 2838) and related laws or 
        regulations.
            ``(2) Requirements and Availability.--
                    ``(A) Time for transfer.--Transfer of an amount 
                under this section must be done no later than the end of 
                the fifth fiscal year after the fiscal year for which 
                the amount is appropriated or otherwise made available.
                    ``(B) Approval for use.--An amount transferred under 
                this section may be used only with the advance approval 
                of the Committees on Appropriations of the House of 
                Representatives and the Senate.
                    ``(C) Availability.--An amount transferred under 
                this section remains available until expended.''

    (c) Conforming and Clerical Amendments.--
            (1) Section 312 of such title is repealed.
            (2) The heading for section 3173 of such title is amended to 
        read as follows:

``Sec. 3173. Working capital fund for General Services Administration''.

                  Harry S Truman Scholarship Foundation


                          SALARIES AND EXPENSES


    For payment <<NOTE: 20 USC 2009b.>>  to the Harry S Truman 
Scholarship Foundation Trust Fund, established by section 10 of Public 
Law 93-642, $500,000, to remain available until expended: Provided, That 
hereafter, all requests of the Board of Trustees to the Secretary of the 
Treasury provided for in this section shall be binding on the

[[Page 123 STAT. 666]]

Secretary, including requests for the issuance at par of special 
obligations exclusively to the fund as provided for in section 10(b), 
which the Secretary shall implement without regard to the determination 
related to the public interest required by the last sentence of that 
section.

                     Merit Systems Protection Board

                          salaries and expenses

                      (including transfer of funds)

    For necessary expenses to carry out functions of the Merit Systems 
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, the 
Civil Service Reform Act of 1978, and the Whistleblower Protection Act 
of 1989 (5 U.S.C. 5509 note), including services as authorized by 5 
U.S.C. 3109, rental of conference rooms in the District of Columbia and 
elsewhere, hire of passenger motor vehicles, direct procurement of 
survey printing, and not to exceed $2,000 for official reception and 
representation expenses, $38,811,000 together with not to exceed 
$2,579,000 for administrative expenses to adjudicate retirement appeals 
to be transferred from the Civil Service Retirement and Disability Fund 
in amounts determined by the Merit Systems Protection Board.

  Morris K. Udall Scholarship and Excellence in National Environmental 
                            Policy Foundation

  morris k. udall scholarship and excellence in national environmental 
                            policy trust fund

                      (including transfer of funds)

    For payment to the Morris K. Udall Scholarship and Excellence in 
National Environmental Policy Trust Fund, pursuant to the Morris K. 
Udall Scholarship and Excellence in National Environmental and Native 
American Public Policy Act of 1992 (20 U.S.C. 5601 et seq.), $3,750,000, 
to remain available until expended, of which up to $50,000 shall be used 
to conduct financial audits pursuant to the Accountability of Tax 
Dollars Act of 2002 (Public Law 107-289) notwithstanding sections 8 and 
9 of Public Law 102-259: Provided, That up to 60 percent of such funds 
may be transferred by the Morris K. Udall Scholarship and Excellence in 
National Environmental Policy Foundation for the necessary expenses of 
the Native Nations Institute.

                  environmental dispute resolution fund

    For payment to the Environmental Dispute Resolution Fund to carry 
out activities authorized in the Environmental Policy and Conflict 
Resolution Act of 1998, $2,100,000, to remain available until expended.

[[Page 123 STAT. 667]]

              National Archives and Records Administration

                           operating expenses

    For necessary expenses in connection with the administration of the 
National Archives and Records Administration (including the Information 
Security Oversight Office) and archived Federal records and related 
activities, as provided by law, and for expenses necessary for the 
review and declassification of documents and the activities of the 
Public Interest Declassification Board, and for the hire of passenger 
motor vehicles, and for uniforms or allowances therefor, as authorized 
by law (5 U.S.C. 5901 et seq.), including maintenance, repairs, and 
cleaning, $330,308,000, of which $650,000 shall remain available until 
September 30, 2010.

                       electronic records archives

    For necessary expenses in connection with the development of the 
electronic records archives, to include all direct project costs 
associated with research, analysis, design, development, and program 
management, $67,008,000, of which $45,795,000 shall remain available 
until September 30, 2011: <<NOTE: Expenditure plan.>>  Provided, That 
none of the multi-year funds may be obligated until the National 
Archives and Records Administration submits to the Committees on 
Appropriations, and such Committees approve, a plan for expenditure 
that: (1) meets the capital planning and investment control review 
requirements established by the Office of Management and Budget, 
including Circular A-11; (2) complies with the National Archives and 
Records Administration's enterprise architecture; (3) conforms with the 
National Archives and Records Administration's enterprise life cycle 
methodology; (4) is approved by the National Archives and Records 
Administration and the Office of Management and Budget; (5) has been 
reviewed by the Government Accountability Office; and (6) complies with 
the acquisition rules, requirements, guidelines, and systems acquisition 
management practices of the Federal Government.


                         Repairs and Restoration


    For the repair, alteration, and improvement of archives facilities, 
and to provide adequate storage for holdings, $50,711,000, to remain 
available until expended: Provided, That the Archivist is authorized to 
construct an addition to the John F. Kennedy Presidential Library and 
Museum; and of the funds provided, $22,000,000 shall be available for 
construction costs and related services for building the addition to the 
John F. Kennedy Presidential Library and Museum and other necessary 
expenses, including renovating the Library as needed in constructing the 
addition; $17,500,000 is for necessary expenses related to the repair 
and renovation of the Franklin D. Roosevelt Presidential Library and 
Museum in Hyde Park, New York; and $2,000,000 is for the repair and 
restoration of the plaza that surrounds the Lyndon Baines Johnson 
Presidential Library and Museum that is under the joint control and 
custody of the University of Texas: Provided further, That such funds 
shall remain available until expended for this purpose and may be 
transferred directly to the University and used, together with 
University funds, for the repair and restoration of the plaza: Provided 
further, That such funds shall be spent

[[Page 123 STAT. 668]]

in accordance with the construction plan submitted to the Committees on 
Appropriations on March 14, 2005: <<NOTE: Contracts.>>  Provided 
further, That the Archivist shall be prohibited from entering into any 
agreement with the University or any other party that requires 
additional funding commitments on behalf of the Federal Government for 
this project: Provided further, That hereafter, no further Federal 
funding shall be provided for this plaza project.


         national historical publications and records commission


                             grants program


                      (including transfer of funds)


    For necessary expenses for allocations and grants for historical 
publications and records as authorized by 44 U.S.C. 2504, $11,250,000, 
to remain available until expended: Provided, That of the funds provided 
in this paragraph, $2,000,000 shall be transferred to the operating 
expenses account of the National Archives and Records Administration for 
operating expenses of the National Historical Publications and Records 
Commission.


 Administrative Provision--National Archives and Records Administration


    Hereafter, the <<NOTE: Funding assessment. 44 USC 2102 note.>>  
National Archives and Records Administration shall include in its annual 
budget submission a comprehensive capital needs assessment for funding 
provided under the ``Repairs and Restoration'' appropriations account to 
be updated yearly: Provided, That funds proposed under the ``Repairs and 
Restoration'' appropriations account for each fiscal year shall be 
allocated to projects on a priority basis established under a 
comprehensive capital needs assessment.

                  National Credit Union Administration


                       Central Liquidity Facility


    During fiscal year 2009, gross obligations of the Central Liquidity 
Facility for the principal amount of new direct loans to member credit 
unions, as authorized by 12 U.S.C. 1795 et seq., shall be the amount 
authorized by section 307(a)(4)(A) of the Federal Credit Union Act (12 
U.S.C. 1795f(a)(4)(A)): Provided, That administrative expenses of the 
Central Liquidity Facility in fiscal year 2009 shall not exceed 
$1,250,000.


                community development revolving loan fund


    For the Community Development Revolving Loan Fund program as 
authorized by 42 U.S.C. 9812, 9822 and 9910, $1,000,000 shall be 
available until September 30, 2010 for technical assistance to low-
income designated credit unions.

                       Office of Government Ethics


                          salaries and expenses


    For necessary expenses to carry out functions of the Office of 
Government Ethics pursuant to the Ethics in Government Act of 1978, and 
the Ethics Reform Act of 1989, including services

[[Page 123 STAT. 669]]

as authorized by 5 U.S.C. 3109, rental of conference rooms in the 
District of Columbia and elsewhere, hire of passenger motor vehicles, 
and not to exceed $1,500 for official reception and representation 
expenses, $13,000,000.

                     Office of Personnel Management


                          Salaries and Expenses


                   (including transfer of trust funds)


    For necessary expenses to carry out functions of the Office of 
Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978 
and the Civil Service Reform Act of 1978, including services as 
authorized by 5 U.S.C. 3109; medical examinations performed for veterans 
by private physicians on a fee basis; rental of conference rooms in the 
District of Columbia and elsewhere; hire of passenger motor vehicles; 
not to exceed $2,500 for official reception and representation expenses; 
advances for reimbursements to applicable funds of the Office of 
Personnel Management and the Federal Bureau of Investigation for 
expenses incurred under Executive Order No. 10422 of January 9, 1953, as 
amended; and payment of per diem and/or subsistence allowances to 
employees where Voting Rights Act activities require an employee to 
remain overnight at his or her post of duty, $92,829,000, of which 
$5,851,000 shall remain available until expended for the Enterprise 
Human Resources Integration project; $1,351,000 shall remain available 
until expended for the Human Resources Line of Business project; and in 
addition $118,082,000 for administrative expenses, to be transferred 
from the appropriate trust funds of the Office of Personnel Management 
without regard to other statutes, including direct procurement of 
printed materials, for the retirement and insurance programs, of which 
$15,200,000 shall remain available until expended for the cost of 
automating the retirement recordkeeping systems: Provided, That the 
provisions of this appropriation shall not affect the authority to use 
applicable trust funds as provided by sections 8348(a)(1)(B), and 
9004(f)(2)(A) of title 5, United States Code: Provided further, That no 
part of this appropriation shall be available for salaries and expenses 
of the Legal Examining Unit of the Office of Personnel Management 
established pursuant to Executive Order No. 9358 of July 1, 1943, or any 
successor unit of like purpose: Provided further, That the President's 
Commission on White House Fellows, established by Executive Order No. 
11183 of October 3, 1964, may, during fiscal year 2009, accept donations 
of money, property, and personal services: Provided further, That such 
donations, including those from prior years, may be used for the 
development of publicity materials to provide information about the 
White House Fellows, except that no such donations shall be accepted for 
travel or reimbursement of travel expenses, or for the salaries of 
employees of such Commission: Provided further, That within the funds 
provided, the Office of Personnel Management shall carry out the 
Intergovernmental Personnel Act Mobility Program, with special attention 
to Federal agencies employing more than 2,000 nurses: Provided further, 
That funding may be allocated to develop guidelines that provide Federal 
agencies direction in using their authority under the Intergovernmental 
Personnel Act Mobility Program, according to the directives outlined in 
the accompanying report.

[[Page 123 STAT. 670]]

                       Office of Inspector General


                          salaries and expenses


                   (including transfer of trust funds)


    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
including services as authorized by 5 U.S.C. 3109, hire of passenger 
motor vehicles, $1,828,000, and in addition, not to exceed $18,755,000 
for administrative expenses to audit, investigate, and provide other 
oversight of the Office of Personnel Management's retirement and 
insurance programs, to be transferred from the appropriate trust funds 
of the Office of Personnel Management, as determined by the Inspector 
General: Provided, That the Inspector General is authorized to rent 
conference rooms in the District of Columbia and elsewhere.


      Government Payment for Annuitants, Employees Health Benefits


    For payment of Government contributions with respect to retired 
employees, as authorized by chapter 89 of title 5, United States Code, 
and the Retired Federal Employees Health Benefits Act (74 Stat. 849), 
such sums as may be necessary.


       Government Payment for Annuitants, Employee Life Insurance


    For payment of Government contributions with respect to employees 
retiring after December 31, 1989, as required by chapter 87 of title 5, 
United States Code, such sums as may be necessary.


         Payment to Civil Service Retirement and Disability Fund


    For financing the unfunded liability of new and increased annuity 
benefits becoming effective on or after October 20, 1969, as authorized 
by 5 U.S.C. 8348, and annuities under special Acts to be credited to the 
Civil Service Retirement and Disability Fund, such sums as may be 
necessary: Provided, That <<NOTE: 33 USC 776 note.>>  annuities 
authorized by the Act of May 29, 1944, and the Act of August 19, 1950 
(33 U.S.C. 771-775), may hereafter be paid out of the Civil Service 
Retirement and Disability Fund.

                        Office of Special Counsel


                          salaries and expenses


    For necessary expenses to carry out functions of the Office of 
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the 
Civil Service Reform Act of 1978 (Public Law 95-454), the Whistleblower 
Protection Act of 1989 (Public Law 101-12), Public Law 107-304, and the 
Uniformed Services Employment and Reemployment Rights Act of 1994 
(Public Law 103-353), including services as authorized by 5 U.S.C. 3109, 
payment of fees and expenses for witnesses, rental of conference rooms 
in the District of Columbia and elsewhere, and hire of passenger motor 
vehicles; $17,468,000.

[[Page 123 STAT. 671]]

                      Postal Regulatory Commission


                          salaries and expenses


                      (including transfer of funds)


    For necessary expenses of the Postal Regulatory Commission in 
carrying out the provisions of the Postal Accountability and Enhancement 
Act (Public Law 109-435), $14,043,000, to be derived by transfer from 
the Postal Service Fund and expended as authorized by section 603(a) of 
such Act.

               Privacy and Civil Liberties Oversight Board


                          salaries and expenses


    For necessary expenses of the Privacy and Civil Liberties Oversight 
Board, as authorized by section 1061 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), $1,500,000, to 
remain available until September 30, 2010.

                   Securities and Exchange Commission


                          Salaries and Expenses


    For necessary expenses for the Securities and Exchange Commission, 
including services as authorized by 5 U.S.C. 3109, the rental of space 
(to include multiple year leases) in the District of Columbia and 
elsewhere, and not to exceed $3,500 for official reception and 
representation expenses, $943,000,000, to remain available until 
expended; of which not to exceed $20,000 may be used toward funding a 
permanent secretariat for the International Organization of Securities 
Commissions; and of which not to exceed $130,000 shall be available for 
expenses for consultations and meetings hosted by the Commission with 
foreign governmental and other regulatory officials, members of their 
delegations, appropriate representatives and staff to exchange views 
concerning developments relating to securities matters, development and 
implementation of cooperation agreements concerning securities matters 
and provision of technical assistance for the development of foreign 
securities markets, such expenses to include necessary logistic and 
administrative expenses and the expenses of Commission staff and foreign 
invitees in attendance at such consultations and meetings including: (1) 
such incidental expenses as meals taken in the course of such 
attendance; (2) any travel and transportation to or from such meetings; 
and (3) any other related lodging or subsistence: Provided, That fees 
and charges authorized by sections 6(b) of the Securities Exchange Act 
of 1933 (15 U.S.C. 77f(b)), and 13(e), 14(g) and 31 of the Securities 
Exchange Act of 1934 (15 U.S.C. 78m(e), 78n(g), and 78ee), shall be 
credited to this account as offsetting collections: Provided further, 
That not to exceed $894,356,000 of such offsetting collections shall be 
available until expended for necessary expenses of this account: 
Provided further, That $48,644,000 shall be derived from prior year 
unobligated balances from funds previously appropriated to the 
Securities and Exchange Commission: Provided further, That the total 
amount appropriated under this heading from the general fund for fiscal 
year 2009 shall be reduced as such offsetting fees are received

[[Page 123 STAT. 672]]

so as to result in a final total fiscal year 2009 appropriation from the 
general fund estimated at not more than $0.

                        Selective Service System


                          salaries and expenses


    For necessary expenses of the Selective Service System, including 
expenses of attendance at meetings and of training for uniformed 
personnel assigned to the Selective Service System, as authorized by 5 
U.S.C. 4101-4118 for civilian employees; purchase of uniforms, or 
allowances therefor, as authorized by 5 U.S.C. 5901-5902; hire of 
passenger motor vehicles; services as authorized by 5 U.S.C. 3109; and 
not to exceed $750 for official reception and representation expenses; 
$22,000,000: Provided, That <<NOTE: President. Exemption authority.>>  
during the current fiscal year, the President may exempt this 
appropriation from the provisions of 31 U.S.C. 1341, whenever the 
President deems such action to be necessary in the interest of national 
defense: <<NOTE: Military induction.>>  Provided further, That none of 
the funds appropriated by this Act may be expended for or in connection 
with the induction of any person into the Armed Forces of the United 
States.

                      Small Business Administration


                          salaries and expenses


    For necessary expenses, not otherwise provided for, of the Small 
Business Administration as authorized by Public Law 108-447, including 
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 
1344, and not to exceed $3,500 for official reception and representation 
expenses, $386,896,000: Provided, That the Administrator is authorized 
to charge fees to cover the cost of publications developed by the Small 
Business Administration, and certain loan program activities, including 
fees authorized by section 5(b) of the Small Business Act: Provided 
further, That, notwithstanding 31 U.S.C. 3302, revenues received from 
all such activities shall be credited to this account, to remain 
available until expended, for carrying out these purposes without 
further appropriations: Provided further, That $110,000,000 shall be 
available to fund grants for performance in fiscal year 2009 or fiscal 
year 2010 as authorized, of which $1,000,000 shall be for the Veterans 
Assistance and Services Program authorized by section 21(n) of the Small 
Business Act, as added by section 107 of Public Law 110-186, and of 
which $1,000,000 shall be for the Small Business Energy Efficiency 
Program authorized by section 1203(c) of Public Law 110-140: Provided 
further, That $7,654,400 shall be available for the Loan Modernization 
and Accounting System, to be available until September 30, 2010.


                       Office of Inspector General


    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$16,750,000.

[[Page 123 STAT. 673]]

                  surety bond guarantees revolving fund


    For additional capital for the Surety Bond Guarantees Revolving 
Fund, authorized by the Small Business Investment Act of 1958, 
$2,000,000, to remain available until expended.


                     Business Loans Program Account


                     (including transfers of funds)


    For the cost of direct loans, $2,500,000, to remain available until 
expended: Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974: Provided further, That subject to section 502 of the 
Congressional Budget Act of 1974, during fiscal year 2009 commitments to 
guarantee loans under section 503 of the Small Business Investment Act 
of 1958 shall not exceed $7,500,000,000: Provided further, That during 
fiscal year 2009 commitments for general business loans authorized under 
section 7(a) of the Small Business Act shall not exceed $17,500,000,000: 
  Provided further, That during fiscal year 2009 commitments to 
guarantee loans for debentures under section 303(b) of the Small 
Business Investment Act of 1958, shall not exceed $3,000,000,000: 
Provided further, That during fiscal year 2009, guarantees of trust 
certificates authorized by section 5(g) of the Small Business Act shall 
not exceed a principal amount of $12,000,000,000. In addition, for 
administrative expenses to carry out the direct and guaranteed loan 
programs, $138,480,000, which may be transferred to and merged with the 
appropriations for Salaries and Expenses.


        administrative provisions--small business administration


                      (including transfer of funds)


    Sec. 520.  Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Small Business 
Administration in this Act may be transferred between such 
appropriations, but no such appropriation shall be increased by more 
than 10 percent by any such transfers: Provided, That any transfer 
pursuant to this paragraph shall be treated as a reprogramming of funds 
under section 608 of this Act and shall not be available for obligation 
or expenditure except in compliance with the procedures set forth in 
that section.
    Sec. 521. <<NOTE: Disaster assistance. Alaska. North Dakota.>>  All 
disaster loans issued in Alaska or North Dakota shall be administered by 
the Small Business Administration and shall not be sold during fiscal 
year 2009.

    Sec. 522. None of the funds made available under this Act may be 
used by the Small Business Administration to implement the rule relating 
to women-owned small business Federal contract assistance procedures 
published in the Federal Register on October 1, 2008 (73 Fed. Reg. 56940 
et seq.).
    Sec. 523. Of the amount made available under the heading ``State and 
Tribal Assistance Grants'' under title II of division F of the 
Consolidated Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 
2125) for the Mingo County Redevelopment Authority, $2,953,000 is 
transferred to the ``Salaries and Expenses'' account of the Small 
Business Administration. The amount transferred under this section shall 
be for the Mingo County Redevelopment Authority and shall be available 
for use under the terms

[[Page 123 STAT. 674]]

and conditions otherwise applicable to amounts appropriated for the 
``Salaries and Expenses'' account of the Small Business Administration 
and shall remain available until expended.
    Sec. 524. Funds made available under section 534 of Public Law 110-
161 (121 Stat. 2125) for the Alabama Small Business Institute of 
Commerce, Small Business Incubator, Rainbow City, Alabama shall be made 
available to Alabama Small Business Institute of Commerce, Rainbow City, 
Alabama.
    Sec. 525.  For an additional amount under the heading ``Small 
Business Administration, Salaries and Expenses'', $65,653,678, to remain 
available until September 30, 2010, shall be for initiatives related to 
small business development and entrepreneurship, including programmatic 
and construction activities, and in the amounts specified in the table 
that appears under the heading ``Administrative Provisions-Small 
Business Administration'' in the explanatory statement described in 
section 4 (in the matter preceding division A of this consolidated Act).

                      United States Postal Service


                   payment to the postal service fund


    For payment to the Postal Service Fund for revenue forgone on free 
and reduced rate mail, pursuant to subsections (c) and (d) of section 
2401 of title 39, United States Code, $111,831,000, of which $82,831,000 
shall not be available for obligation until October 1, 
2009: <<NOTE: Overseas voting. Blind persons.>>  Provided, That mail for 
overseas voting and mail for the blind shall continue to be free: 
Provided further, That 6-day delivery and rural delivery of mail shall 
continue at not less than the 1983 level: Provided further, That none of 
the funds made available to the Postal Service by this Act shall be used 
to implement any rule, regulation, or policy of charging any officer or 
employee of any State or local child support enforcement agency, or any 
individual participating in a State or local program of child support 
enforcement, a fee for information requested or provided concerning an 
address of a postal customer: Provided further, That none of the funds 
provided in this Act shall be used to consolidate or close small rural 
and other small post offices in fiscal year 2009.


                       OFFICE OF INSPECTOR GENERAL


                          SALARIES AND EXPENSES


                      (INCLUDING TRANSFER OF FUNDS)


    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$239,356,000, to be derived by transfer from the Postal Service Fund and 
expended as authorized by section 603(b)(3) of the Postal Accountability 
and Enhancement Act (Public Law 109-435).

                         United States Tax Court


                          salaries and expenses


    For necessary expenses, including contract reporting and other 
services as authorized by 5 U.S.C. 3109, $48,463,000: Provided,

[[Page 123 STAT. 675]]

That travel expenses of the judges shall be paid upon the written 
certificate of the judge.

                                TITLE VI

                      GENERAL PROVISIONS--THIS ACT

    Sec. 601.  None of the funds in this Act shall be used for the 
planning or execution of any program to pay the expenses of, or 
otherwise compensate, non-Federal parties intervening in regulatory or 
adjudicatory proceedings funded in this Act.
    Sec. 602.  None of the funds appropriated in this Act shall remain 
available for obligation beyond the current fiscal year, nor may any be 
transferred to other appropriations, unless expressly so provided 
herein.
    Sec. 603.  The <<NOTE: Contracts.>>  expenditure of any 
appropriation under this Act for any consulting service through 
procurement contract pursuant to section 3109 of title 5, United States 
Code, shall be limited to those contracts where such expenditures are a 
matter of public record and available for public inspection, except 
where otherwise provided under existing law, or under existing Executive 
order issued pursuant to existing law.

    Sec. 604.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 605.  None of the funds made available by this Act shall be 
available for any activity or for paying the salary of any Government 
employee where funding an activity or paying a salary to a Government 
employee would result in a decision, determination, rule, regulation, or 
policy that would prohibit the enforcement of section 307 of the Tariff 
Act of 1930 (19 U.S.C. 1307).
    Sec. 606.  No funds appropriated pursuant to this Act may be 
expended by an entity unless the entity agrees that in expending the 
assistance the entity will comply with the Buy American Act (41 U.S.C. 
10a-10c).
    Sec. 607.  No funds appropriated or otherwise made available under 
this Act shall be made available to any person or entity that has been 
convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
    Sec. 608.  Except as otherwise provided in this Act, none of the 
funds provided in this Act, provided by previous appropriations Acts to 
the agencies or entities funded in this Act that remain available for 
obligation or expenditure in fiscal year 2009, or provided from any 
accounts in the Treasury derived by the collection of fees and available 
to the agencies funded by this Act, shall be available for obligation or 
expenditure through a reprogramming of funds that: (1) creates a new 
program; (2) eliminates a program, project, or activity; (3) increases 
funds or personnel for any program, project, or activity for which funds 
have been denied or restricted by the Congress; (4) proposes to use 
funds directed for a specific activity by either the House or Senate 
Committees on Appropriations for a different purpose; (5) augments 
existing programs, projects, or activities in excess of $5,000,000 or 10 
percent, whichever is less; (6) reduces existing programs, projects, or 
activities by $5,000,000 or 10 percent, whichever is less; or (7) 
creates or

[[Page 123 STAT. 676]]

reorganizes offices, programs, or activities unless prior approval is 
received from the Committees on Appropriations of the House of 
Representatives and the Senate: Provided, That prior to any significant 
reorganization or restructuring of offices, programs, or activities, 
each agency or entity funded in this Act shall consult with the 
Committees on Appropriations of the House of Representatives and the 
Senate: Provided further, That <<NOTE: Deadline. Reports.>>  not later 
than 60 days after the date of enactment of this Act, each agency funded 
by this Act shall submit a report to the Committees on Appropriations of 
the House of Representatives and the Senate to establish the baseline 
for application of reprogramming and transfer authorities for the 
current fiscal year: Provided further, That <<NOTE: Reports.>>  the 
report shall include: (1) a table for each appropriation with a separate 
column to display the President's budget request, adjustments made by 
Congress, adjustments due to enacted rescissions, if appropriate, and 
the fiscal year enacted level; (2) a delineation in the table for each 
appropriation both by object class and program, project, and activity as 
detailed in the budget appendix for the respective appropriation; and 
(3) an identification of items of special congressional 
interest: <<NOTE: Fines.>>  Provided further, That the amount 
appropriated or limited for salaries and expenses for an agency shall be 
reduced by $100,000 per day for each day after the required date that 
the report has not been submitted to the Congress.

    Sec. 609.  Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the end 
of fiscal year 2009 from appropriations made available for salaries and 
expenses for fiscal year 2009 in this Act, shall remain available 
through September 30, 2010, for each such account for the purposes 
authorized: <<NOTE: Expenditure request.>>  Provided, That a request 
shall be submitted to the Committees on Appropriations of the House of 
Representatives and the Senate for approval prior to the expenditure of 
such funds: Provided further, That these requests shall be made in 
compliance with reprogramming guidelines.

    Sec. 610.  None of the funds made available in this Act may be used 
by the Executive Office of the President to request from the Federal 
Bureau of Investigation any official background investigation report on 
any individual, except when--
            (1) such individual has given his or her express written 
        consent for such request not more than 6 months prior to the 
        date of such request and during the same presidential 
        administration; or
            (2) such request is required due to extraordinary 
        circumstances involving national security.

    Sec. 611.  The cost accounting standards promulgated under section 
26 of the Office of Federal Procurement Policy Act (Public Law 93-400; 
41 U.S.C. 422) shall not apply with respect to a contract under the 
Federal Employees Health Benefits Program established under chapter 89 
of title 5, United States Code.
    Sec. 612.  For the purpose of resolving litigation and implementing 
any settlement agreements regarding the nonforeign area cost-of-living 
allowance program, the Office of Personnel Management may accept and 
utilize (without regard to any restriction on unanticipated travel 
expenses imposed in an Appropriations Act) funds made available to the 
Office of Personnel Management pursuant to court approval.
    Sec. 613.  No <<NOTE: Abortion.>>  funds appropriated by this Act 
shall be available to pay for an abortion, or the administrative 
expenses in connection

[[Page 123 STAT. 677]]

with any health plan under the Federal employees health benefits program 
which provides any benefits or coverage for abortions.

    Sec. 614.  The <<NOTE: Abortion.>>  provision of section 613 shall 
not apply where the life of the mother would be endangered if the fetus 
were carried to term, or the pregnancy is the result of an act of rape 
or incest.

    Sec. 615.  In order to promote Government access to commercial 
information technology, the restriction on purchasing nondomestic 
articles, materials, and supplies set forth in the Buy American Act (41 
U.S.C. 10a et seq.), shall not apply to the acquisition by the Federal 
Government of information technology (as defined in section 11101 of 
title 40, United States Code), that is a commercial item (as defined in 
section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 
403(12)).
    Sec. 616. Section 5112 of title 31, United States Code (as amended 
by Public Law 110-161), is amended--
            (1) by redesignating the second subsection (r) as subsection 
        (s), and
            (2) by striking ``paragraph (4)'' each place it appears in 
        subsection (s)(5) (as redesignated by paragraph (1)) and 
        inserting ``paragraph (3)''.

    Sec. 617.  Notwithstanding section 1353 of title 31, United States 
Code, no officer or employee of any regulatory agency or commission 
funded by this Act may accept on behalf of that agency, nor may such 
agency or commission accept, payment or reimbursement from a non-Federal 
entity for travel, subsistence, or related expenses for the purpose of 
enabling an officer or employee to attend and participate in any meeting 
or similar function relating to the official duties of the officer or 
employee when the entity offering payment or reimbursement is a person 
or entity subject to regulation by such agency or commission, or 
represents a person or entity subject to regulation by such agency or 
commission, unless the person or entity is an organization described in 
section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from 
tax under section 501(a) of such Code.
    Sec. 618. Life Insurance For Tax Court Judges Age 65 or Over. (a) In 
General.--Section 7472 of title 26, United States Code, is amended by 
inserting after the word ``imposed'' where it appears in the second 
sentence the following phrase ``after April 24, 1999, that is 
incurred''.
    (b) Effective Date.--This <<NOTE: 26 USC 7472 note.>>  amendment 
shall take effect as if included in the amendment made by section 852 of 
the Pension Protection Act of 2006.

    Sec. 619.  The Public Company Accounting Oversight Board shall have 
authority to obligate funds for the scholarship program established by 
section 109(c)(2) of the Sarbanes-Oxley Act of 2002 (Public Law 107-204) 
in an aggregate amount not exceeding the amount of funds collected by 
the Board as of December 31, 2008, including accrued interest, as a 
result of the assessment of monetary penalties. Funds available for 
obligation in fiscal year 2009 shall remain available until expended.
    Sec. 620. Section 910(a) of the Trade Sanctions Reform and Export 
Enhancement Act of 2000 (22 U.S.C. 7209(a)) is amended to read as 
follows:
    ``(a) Authorization of Travel Relating to Commercial Sales of 
Agricultural and Medical Goods.--The 
Secretary <<NOTE: Regulations. Cuba.>>  of the Treasury shall promulgate 
regulations under which the travel-related transactions listed in 
paragraph (c) of section 515.560 of

[[Page 123 STAT. 678]]

title 31, Code of Federal Regulations, are authorized by general license 
for travel to, from, or within Cuba for the marketing and sale of 
agricultural and medical goods pursuant to the provisions of this 
title.''.

    Sec. 621. <<NOTE: Cuba.>>  None of the funds made available in this 
Act may be used to administer, implement, or enforce the amendments made 
to section 515.560 and section 515.561 of title 31, Code of Federal 
Regulations, related to travel to visit relatives in Cuba, that were 
published in the Federal Register on June 16, 2004.

    Sec. 622. None of the funds made available in this Act may be used 
to administer, implement, or enforce the amendment made to section 
515.533 of title 31, Code of Federal Regulations, that was published in 
the Federal Register on February 25, 2005.
    Sec. 623. Christopher Columbus Fellowship Authorization. The 
Christopher Columbus Fellowship Act (20 U.S.C. 5701 et seq.) is 
amended--
            (1) in section 426(a) (20 U.S.C. 5705(a))--
                    (A) in paragraph (3), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (4) as paragraph (5); 
                and
                    (C) by inserting after paragraph (3) the following:
            ``(4) amounts appropriated to the Foundation, as authorized 
        under section 430; and''; and
            (2) by adding at the end the following new section:

``SEC. 430. <<NOTE: 20 USC 5709.>>  AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Foundation, such 
sums as may be necessary to carry out this subtitle.''.
    Sec. 624.  Notwithstanding <<NOTE: 12 USC 1843 note.>>  any other 
provision of law, for fiscal year 2009 and each fiscal year thereafter, 
neither the Board of Governors of the Federal Reserve System nor the 
Secretary of the Treasury may determine, by rule, regulation, order, or 
otherwise, for purposes of section 4(k) of the Bank Holding Company Act 
of 1956, or section 5136A of the Revised Statutes of the United States, 
that real estate brokerage activity or real estate management activity 
is an activity that is financial in nature, is incidental to any 
financial activity, or is complementary to a financial activity. For 
purposes <<NOTE: Definition.>>  of this section, ``real estate brokerage 
activity'' shall mean ``real estate brokerage'', and ``real estate 
management activity'' shall mean ``property management'', as those terms 
were understood by the Board of Governors of the Federal Reserve System 
prior to March 11, 2000.

    Sec. 625. (a) Section 102(a)(3)(B) of the Help America Vote Act of 
2002 (42 U.S.C. 15302(a)(3)(B)) is amended by striking ``March 1, 2008'' 
and inserting ``November 1, 2010''.
    (b) The <<NOTE: 42 USC 15302 note.>>  amendment made by subsection 
(a) shall take effect as if included in the enactment of the Help 
America Vote Act of 2002.

    Sec. 626. <<NOTE: Deadline. Regulations. Loans. 15 USC 1638 note.>>  
(a) Within 90 days after the date of enactment of this Act, the Federal 
Trade Commission shall initiate a rulemaking proceeding with respect to 
mortgage loans in accordance with section 553 of title 5, United States 
Code. Any violation of a rule prescribed under this subsection shall be 
treated as a violation of a rule under section 18 of the Federal Trade 
Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or 
practices.

    (b)(1) Except as provided in paragraph (6), a State, as parens 
patriae, may bring a civil action on behalf of its residents in an

[[Page 123 STAT. 679]]

appropriate State or district court of the United States to enforce the 
provisions of section 128 of the Truth in Lending Act (15 U.S.C. 1638), 
any other provision of the Truth in Lending Act, or any mortgage loan 
rule promulgated by the Federal Trade Commission to obtain penalties and 
relief provided under such Act or rule whenever the attorney general of 
the State has reason to believe that the interests of the residents of 
the State have been or are being threatened or adversely affected by a 
violation of such Act or rule.
    (2) The <<NOTE: Notice. Deadline.>>  State shall serve written 
notice to the Commission of any civil action under paragraph (1) at 
least 60 days prior to initiating such civil action. The notice shall 
include a copy of the complaint to be filed to initiate such civil 
action, except that if it is not feasible for the State to provide such 
prior notice, the State shall provide notice immediately upon 
instituting such civil action.

    (3) Upon receiving the notice required by paragraph (2), the 
Commission may intervene in such civil action and upon intervening--
            (A) be heard on all matters arising in such civil action;
            (B) remove the action to the appropriate United States 
        district court; and
            (C) file petitions for appeal of a decision in such civil 
        action.

    (4) Nothing in this subsection shall prevent the attorney general of 
a State from exercising the powers conferred on the attorney general by 
the laws of such State to conduct investigations or to administer oaths 
or affirmations or to compel the attendance of witnesses or the 
production of documentary and other evidence. Nothing in this section 
shall prohibit the attorney general of a State, or other authorized 
State officer, from proceeding in State or Federal court on the basis of 
an alleged violation of any civil or criminal statute of that State.
    (5) In a civil action brought under paragraph (1)--
            (A) the venue shall be a judicial district in which the 
        defendant is found, is an inhabitant, or transacts business or 
        wherever venue is proper under section 1391 of title 28, United 
        States Code; and
            (B) process may be served without regard to the territorial 
        limits of the district or of the State in which the civil action 
        is instituted.

    (6) Whenever a civil action or an administrative action has been 
instituted by or on behalf of the Commission for violation of any 
provision of law or rule described in paragraph (1), no State may, 
during the pendency of such action instituted by or on behalf of the 
Commission, institute a civil action under that paragraph against any 
defendant named in the complaint in such action for violation of any law 
or rule as alleged in such complaint.
    (7) If the attorney general of a State prevails in any civil action 
under paragraph (1), the State can recover reasonable costs and attorney 
fees from the lender or related party.
    (c) Section 129 of the Truth in Lending Act (15 U.S.C. 1639) is 
amended by adding at the end the following:
    ``(m) Civil Penalties in Federal Trade Commission Enforcement 
Actions.--For purposes of enforcement by the Federal Trade Commission, 
any violation of a regulation issued by the Federal Reserve Board 
pursuant to subsection (l)(2) of this

[[Page 123 STAT. 680]]

section shall be treated as a violation of a rule promulgated under 
section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) regarding 
unfair or deceptive acts or practices.''.

                                TITLE VII

                   GENERAL PROVISIONS--GOVERNMENT-WIDE

                 Departments, Agencies, and Corporations

    Sec. 701.  No department, agency, or instrumentality of the United 
States receiving appropriated funds under this or any other Act for 
fiscal year 2009 shall obligate or expend any such funds, unless such 
department, agency, or instrumentality has in place, and will continue 
to administer in good faith, a written policy designed to ensure that 
all of its workplaces are free from the illegal use, possession, or 
distribution of controlled substances (as defined in the Controlled 
Substances Act (21 U.S.C. 802)) by the officers and employees of such 
department, agency, or instrumentality.
    Sec. 702.  Unless <<NOTE: 31 USC 1343 note.>>  otherwise 
specifically provided, the maximum amount allowable during the current 
fiscal year in accordance with section 16 of the Act of August 2, 1946 
(60 Stat. 810), for the purchase of any passenger motor vehicle 
(exclusive of buses, ambulances, law enforcement, and undercover 
surveillance vehicles), is hereby fixed at $13,197 except station wagons 
for which the maximum shall be $13,631: Provided, That these limits may 
be exceeded by not to exceed $3,700 for police-type vehicles, and by not 
to exceed $4,000 for special heavy-duty vehicles: Provided further, That 
the limits set forth in this section may not be exceeded by more than 5 
percent for electric or hybrid vehicles purchased for demonstration 
under the provisions of the Electric and Hybrid Vehicle Research, 
Development, and Demonstration Act of 1976: Provided further, That the 
limits set forth in this section may be exceeded by the incremental cost 
of clean alternative fuels vehicles acquired pursuant to Public Law 101-
549 over the cost of comparable conventionally fueled vehicles.

    Sec. 703.  Appropriations of the executive departments and 
independent establishments for the current fiscal year available for 
expenses of travel, or for the expenses of the activity concerned, are 
hereby made available for quarters allowances and cost-of-living 
allowances, in accordance with 5 U.S.C. 5922-5924.
    Sec. 704.  Unless <<NOTE: 5 USC 3101 note.>>  otherwise specified 
during the current fiscal year, no part of any appropriation contained 
in this or any other Act shall be used to pay the compensation of any 
officer or employee of the Government of the United States (including 
any agency the majority of the stock of which is owned by the Government 
of the United States) whose post of duty is in the continental United 
States unless such person: (1) is a citizen of the United States; (2) is 
a person in the service of the United States on the date of the 
enactment of this Act who, being eligible for citizenship, has filed a 
declaration of intention to become a citizen of the United States prior 
to such date and is actually residing in the United States; (3) is a 
person who owes allegiance to the United States; (4) is an alien from 
Cuba, Poland, South Vietnam, the countries of the former Soviet Union, 
or the Baltic countries lawfully admitted to the United States for 
permanent residence;

[[Page 123 STAT. 681]]

(5) is a South Vietnamese, Cambodian, or Laotian refugee paroled in the 
United States after January 1, 1975; or (6) is a national of the 
People's Republic of China who qualifies for adjustment of status 
pursuant to the Chinese Student Protection Act of 1992 (Public Law 102-
404): <<NOTE: Affidavit.>>  Provided, That for the purpose of this 
section, an affidavit signed by any such person shall be considered 
prima facie evidence that the requirements of this section with respect 
to his or her status have been complied with: Provided further, 
That <<NOTE: Penalties.>>  any person making a false affidavit shall be 
guilty of a felony, and, upon conviction, shall be fined no more than 
$4,000 or imprisoned for not more than 1 year, or both: Provided 
further, That the above penal clause shall be in addition to, and not in 
substitution for, any other provisions of existing law: Provided 
further, That any payment made to any officer or employee contrary to 
the provisions of this section shall be recoverable in action by the 
Federal Government. This section shall not apply to citizens of Ireland, 
Israel, or the Republic of the Philippines, or to nationals of those 
countries allied with the United States in a current defense effort, or 
to international broadcasters employed by the Broadcasting Board of 
Governors, or to temporary employment of translators, or to temporary 
employment in the field service (not to exceed 60 days) as a result of 
emergencies: Provided further, That this section does not apply to the 
employment as Wildland firefighters for not more than 120 days of 
nonresident aliens employed by the Department of the Interior or the 
USDA Forest Service pursuant to an agreement with another country.

    Sec. 705.  Appropriations available to any department or agency 
during the current fiscal year for necessary expenses, including 
maintenance or operating expenses, shall also be available for payment 
to the General Services Administration for charges for space and 
services and those expenses of renovation and alteration of buildings 
and facilities which constitute public improvements performed in 
accordance with the Public Buildings Act of 1959 (73 Stat. 479), the 
Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable 
law.
    Sec. 706.  In addition to funds provided in this or any other Act, 
all Federal agencies are authorized to receive and use funds resulting 
from the sale of materials, including Federal records disposed of 
pursuant to a records schedule recovered through recycling or waste 
prevention programs. Such funds shall be available until expended for 
the following purposes:
            (1) Acquisition, waste reduction and prevention, and 
        recycling programs as described in Executive Order No. 13423 
        (January 24, 2007), including any such programs adopted prior to 
        the effective date of the Executive order.
            (2) Other Federal agency environmental management programs, 
        including, but not limited to, the development and 
        implementation of hazardous waste management and pollution 
        prevention programs.
            (3) Other employee programs as authorized by law or as 
        deemed appropriate by the head of the Federal agency.

    Sec. 707.  Funds <<NOTE: Applicability.>>  made available by this or 
any other Act for administrative expenses in the current fiscal year of 
the corporations and agencies subject to chapter 91 of title 31, United 
States Code, shall be available, in addition to objects for which such 
funds are otherwise available, for rent in the District of Columbia; 
services in accordance with 5 U.S.C. 3109; and the objects specified

[[Page 123 STAT. 682]]

under this head, all the provisions of which shall be applicable to the 
expenditure of such funds unless otherwise specified in the Act by which 
they are made available: Provided, That in the event any functions 
budgeted as administrative expenses are subsequently transferred to or 
paid from other funds, the limitations on administrative expenses shall 
be correspondingly reduced.

    Sec. 708.  No part of any appropriation contained in this or any 
other Act shall be available for interagency financing of boards (except 
Federal Executive Boards), commissions, councils, committees, or similar 
groups (whether or not they are interagency entities) which do not have 
a prior and specific statutory approval to receive financial support 
from more than one agency or instrumentality.
    Sec. 709.  None of the funds made available pursuant to the 
provisions of this Act shall be used to implement, administer, or 
enforce any regulation which has been disapproved pursuant to a joint 
resolution duly adopted in accordance with the applicable law of the 
United States.
    Sec. 710. (a) <<NOTE: 5 USC 5343 note.>>  Notwithstanding any other 
provision of law, and except as otherwise provided in this section, no 
part of any of the funds appropriated for fiscal year 2009, by this or 
any other Act, may be used to pay any prevailing rate employee described 
in section 5342(a)(2)(A) of title 5, United States Code--
            (1) during the period from the date of expiration of the 
        limitation imposed by the comparable section for previous fiscal 
        years until the normal effective date of the applicable wage 
        survey adjustment that is to take effect in fiscal year 2009, in 
        an amount that exceeds the rate payable for the applicable grade 
        and step of the applicable wage schedule in accordance with such 
        section; and
            (2) during the period consisting of the remainder of fiscal 
        year 2009, in an amount that exceeds, as a result of a wage 
        survey adjustment, the rate payable under paragraph (1) by more 
        than the sum of--
                    (A) the percentage adjustment taking effect in 
                fiscal year 2009 under section 5303 of title 5, United 
                States Code, in the rates of pay under the General 
                Schedule; and
                    (B) the difference between the overall average 
                percentage of the locality-based comparability payments 
                taking effect in fiscal year 2009 under section 5304 of 
                such title (whether by adjustment or otherwise), and the 
                overall average percentage of such payments which was 
                effective in the previous fiscal year under such 
                section.

    (b) Notwithstanding any other provision of law, no prevailing rate 
employee described in subparagraph (B) or (C) of section 5342(a)(2) of 
title 5, United States Code, and no employee covered by section 5348 of 
such title, may be paid during the periods for which subsection (a) is 
in effect at a rate that exceeds the rates that would be payable under 
subsection (a) were subsection (a) applicable to such employee.
    (c) For <<NOTE: Regulations.>>  the purposes of this section, the 
rates payable to an employee who is covered by this section and who is 
paid from a schedule not in existence on September 30, 2008, shall be 
determined under regulations prescribed by the Office of Personnel 
Management.

    (d) Notwithstanding any other provision of law, rates of premium pay 
for employees subject to this section may not be changed

[[Page 123 STAT. 683]]

from the rates in effect on September 30, 2008, except to the extent 
determined by the Office of Personnel Management to be consistent with 
the purpose of this section.
    (e) This <<NOTE: Applicability.>>  section shall apply with respect 
to pay for service performed after September 30, 2008.

    (f) For the purpose of administering any provision of law (including 
any rule or regulation that provides premium pay, retirement, life 
insurance, or any other employee benefit) that requires any deduction or 
contribution, or that imposes any requirement or limitation on the basis 
of a rate of salary or basic pay, the rate of salary or basic pay 
payable after the application of this section shall be treated as the 
rate of salary or basic pay.
    (g) Nothing in this section shall be considered to permit or require 
the payment to any employee covered by this section at a rate in excess 
of the rate that would be payable were this section not in effect.
    (h) The Office of Personnel Management may provide for exceptions to 
the limitations imposed by this section if the Office determines that 
such exceptions are necessary to ensure the recruitment or retention of 
qualified employees.
    Sec. 711.  During <<NOTE: Notification.>>  the period in which the 
head of any department or agency, or any other officer or civilian 
employee of the Federal Government appointed by the President of the 
United States, holds office, no funds may be obligated or expended in 
excess of $5,000 to furnish or redecorate the office of such department 
head, agency head, officer, or employee, or to purchase furniture or 
make improvements for any such office, unless advance notice of such 
furnishing or redecoration is transmitted to the Committees on 
Appropriations of the House of Representatives and the 
Senate. <<NOTE: Definition.>>  For the purposes of this section, the 
term ``office'' shall include the entire suite of offices assigned to 
the individual, as well as any other space used primarily by the 
individual or the use of which is directly controlled by the individual.

    Sec. 712.  Notwithstanding section 1346 of title 31, United States 
Code, or section 708 of this Act, funds made available for the current 
fiscal year by this or any other Act shall be available for the 
interagency funding of national security and emergency preparedness 
telecommunications initiatives which benefit multiple Federal 
departments, agencies, or entities, as provided by Executive Order No. 
12472 (April 3, 1984).
    Sec. 713. (a) None of the funds appropriated by this or any other 
Act may be obligated or expended by any Federal department, agency, or 
other instrumentality for the salaries or expenses of any employee 
appointed to a position of a confidential or policy-determining 
character excepted from the competitive service pursuant to section 3302 
of title 5, United States Code, without a certification to the Office of 
Personnel Management from the head of the Federal department, agency, or 
other instrumentality employing the Schedule C appointee that the 
Schedule C position was not created solely or primarily in order to 
detail the employee to the White House.
    (b) The provisions of this section shall not apply to Federal 
employees or members of the armed forces detailed to or from--
            (1) the Central Intelligence Agency;
            (2) the National Security Agency;
            (3) the Defense Intelligence Agency;
            (4) the National Geospatial-Intelligence Agency;

[[Page 123 STAT. 684]]

            (5) the offices within the Department of Defense for the 
        collection of specialized national foreign intelligence through 
        reconnaissance programs;
            (6) the Bureau of Intelligence and Research of the 
        Department of State;
            (7) any agency, office, or unit of the Army, Navy, Air 
        Force, and Marine Corps, the Department of Homeland Security, 
        the Federal Bureau of Investigation and the Drug Enforcement 
        Administration of the Department of Justice, the Department of 
        Transportation, the Department of the Treasury, and the 
        Department of Energy performing intelligence functions; and
            (8) the Director of National Intelligence or the Office of 
        the Director of National Intelligence.

    Sec. 714.  No part of any appropriation contained in this or any 
other Act shall be available for the payment of the salary of any 
officer or employee of the Federal Government, who--
            (1) prohibits or prevents, or attempts or threatens to 
        prohibit or prevent, any other officer or employee of the 
        Federal Government from having any direct oral or written 
        communication or contact with any Member, committee, or 
        subcommittee of the Congress in connection with any matter 
        pertaining to the employment of such other officer or employee 
        or pertaining to the department or agency of such other officer 
        or employee in any way, irrespective of whether such 
        communication or contact is at the initiative of such other 
        officer or employee or in response to the request or inquiry of 
        such Member, committee, or subcommittee; or
            (2) removes, suspends from duty without pay, demotes, 
        reduces in rank, seniority, status, pay, or performance or 
        efficiency rating, denies promotion to, relocates, reassigns, 
        transfers, disciplines, or discriminates in regard to any 
        employment right, entitlement, or benefit, or any term or 
        condition of employment of, any other officer or employee of the 
        Federal Government, or attempts or threatens to commit any of 
        the foregoing actions with respect to such other officer or 
        employee, by reason of any communication or contact of such 
        other officer or employee with any Member, committee, or 
        subcommittee of the Congress as described in paragraph (1).

    Sec. 715. (a) None of the funds made available in this or any other 
Act may be obligated or expended for any employee training that--
            (1) does not meet identified needs for knowledge, skills, 
        and abilities bearing directly upon the performance of official 
        duties;
            (2) contains elements likely to induce high levels of 
        emotional response or psychological stress in some participants;
            (3) does not require prior employee notification of the 
        content and methods to be used in the training and written end 
        of course evaluation;
            (4) contains any methods or content associated with 
        religious or quasi-religious belief systems or ``new age'' 
        belief systems as defined in Equal Employment Opportunity 
        Commission Notice N-915.022, dated September 2, 1988; or
            (5) is offensive to, or designed to change, participants' 
        personal values or lifestyle outside the workplace.

[[Page 123 STAT. 685]]

    (b) Nothing in this section shall prohibit, restrict, or otherwise 
preclude an agency from conducting training bearing directly upon the 
performance of official duties.
    Sec. 716.  No funds appropriated in this or any other Act may be 
used to implement or enforce the agreements in Standard Forms 312 and 
4414 of the Government or any other nondisclosure policy, form, or 
agreement if such policy, form, or agreement does not contain the 
following provisions: ``These restrictions are consistent with and do 
not supersede, conflict with, or otherwise alter the employee 
obligations, rights, or liabilities created by Executive Order No. 
12958; section 7211 of title 5, United States Code (governing 
disclosures to Congress); section 1034 of title 10, United States Code, 
as amended by the Military Whistleblower Protection Act (governing 
disclosure to Congress by members of the military); section 2302(b)(8) 
of title 5, United States Code, as amended by the Whistleblower 
Protection Act of 1989 (governing disclosures of illegality, waste, 
fraud, abuse or public health or safety threats); the Intelligence 
Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing 
disclosures that could expose confidential Government agents); and the 
statutes which protect against disclosure that may compromise the 
national security, including sections 641, 793, 794, 798, and 952 of 
title 18, United States Code, and section 4(b) of the Subversive 
Activities Act of 1950 (50 U.S.C. 783(b)). The definitions, 
requirements, obligations, rights, sanctions, and liabilities created by 
said Executive order and listed statutes are incorporated into this 
agreement and are controlling.'': Provided, That notwithstanding the 
preceding paragraph, a nondisclosure policy form or agreement that is to 
be executed by a person connected with the conduct of an intelligence or 
intelligence-related activity, other than an employee or officer of the 
United States Government, may contain provisions appropriate to the 
particular activity for which such document is to be used. Such form or 
agreement shall, at a minimum, require that the person will not disclose 
any classified information received in the course of such activity 
unless specifically authorized to do so by the United States Government. 
Such nondisclosure forms shall also make it clear that they do not bar 
disclosures to Congress, or to an authorized official of an executive 
agency or the Department of Justice, that are essential to reporting a 
substantial violation of law.
    Sec. 717.  No part of any funds appropriated in this or any other 
Act shall be used by an agency of the executive branch, other than for 
normal and recognized executive-legislative relationships, for publicity 
or propaganda purposes, and for the preparation, distribution or use of 
any kit, pamphlet, booklet, publication, radio, television, or film 
presentation designed to support or defeat legislation pending before 
the Congress, except in presentation to the Congress itself.
    Sec. 718.  None of the funds appropriated by this or any other Act 
may be used by an agency to provide a Federal employee's home address to 
any labor organization except when the employee has authorized such 
disclosure or when such disclosure has been ordered by a court of 
competent jurisdiction.
    Sec. 719.  None of the funds made available in this Act or any other 
Act may be used to provide any non-public information such as mailing or 
telephone lists to any person or any organization outside of the Federal 
Government without the approval of the

[[Page 123 STAT. 686]]

Committees on Appropriations of the House of Representatives and the 
Senate.
    Sec. 720.  No part of any appropriation contained in this or any 
other Act shall be used directly or indirectly, including by private 
contractor, for publicity or propaganda purposes within the United 
States not heretofor authorized by the Congress.
    Sec. 721. (a) <<NOTE: Definitions.>>  In this section, the term 
``agency''--
            (1) means an Executive agency, as defined under section 105 
        of title 5, United States Code;
            (2) includes a military department, as defined under section 
        102 of such title, the Postal Service, and the Postal Regulatory 
        Commission; and
            (3) shall not include the Government Accountability Office.

    (b) Unless authorized in accordance with law or regulations to use 
such time for other purposes, an employee of an agency shall use 
official time in an honest effort to perform official duties. An 
employee not under a leave system, including a Presidential appointee 
exempted under section 6301(2) of title 5, United States Code, has an 
obligation to expend an honest effort and a reasonable proportion of 
such employee's time in the performance of official duties.
    Sec. 722.  Notwithstanding 31 U.S.C. 1346 and section 708 of this 
Act, funds made available for the current fiscal year by this or any 
other Act to any department or agency, which is a member of the Federal 
Accounting Standards Advisory Board (FASAB), shall be available to 
finance an appropriate share of FASAB administrative costs.


                           (transfer of funds)


    Sec. 723. Notwithstanding 31 U.S.C. 1346 and section 708 of this 
Act, the head of each Executive department and agency is hereby 
authorized to transfer to or reimburse ``General Services 
Administration, Government-wide Policy'' with the approval of the 
Director of the Office of Management and Budget, funds made available 
for the current fiscal year by this or any other Act, including rebates 
from charge card and other contracts: Provided, That these funds shall 
be administered by the Administrator of General Services to support 
Government-wide financial, information technology, procurement, and 
other management innovations, initiatives, and activities, as approved 
by the Director of the Office of Management and Budget, in consultation 
with the appropriate interagency groups designated by the Director 
(including the President's Management Council for overall management 
improvement initiatives, the Chief Financial Officers Council for 
financial management initiatives, the Chief Information Officers Council 
for information technology initiatives, the Chief Human Capital Officers 
Council for human capital initiatives, and the Chief Acquisition 
Officers Council for procurement initiatives): Provided further, That 
the total funds transferred or reimbursed shall not exceed 
$17,000,000: <<NOTE: Notification.>>  Provided further, That such 
transfers or reimbursements may only be made after 15 days following 
notification of the Committees on Appropriations by the Director of the 
Office of Management and Budget.

    Sec. 724.  Notwithstanding <<NOTE: Breastfeeding.>>  any other 
provision of law, a woman may breastfeed her child at any location in a 
Federal building or on Federal property, if the woman and her child are 
otherwise authorized to be present at the location.

[[Page 123 STAT. 687]]

    Sec. 725.  Notwithstanding section 1346 of title 31, United States 
Code, or section 708 of this Act, funds made available for the current 
fiscal year by this or any other Act shall be available for the 
interagency funding of specific projects, workshops, studies, and 
similar efforts to carry out the purposes of the National Science and 
Technology Council (authorized by Executive Order No. 12881), which 
benefit multiple Federal departments, agencies, or entities: Provided, 
That <<NOTE: Reports. Deadline.>>  the Office of Management and Budget 
shall provide a report describing the budget of and resources connected 
with the National Science and Technology Council to the Committees on 
Appropriations, the House Committee on Science and Technology, and the 
Senate Committee on Commerce, Science, and Transportation 90 days after 
enactment of this Act.

    Sec. 726.  Any request for proposals, solicitation, grant 
application, form, notification, press release, or other publications 
involving the distribution of Federal funds shall indicate the agency 
providing the funds, the Catalog of Federal Domestic Assistance Number, 
as applicable, and the amount provided: <<NOTE: Applicability.>>  
Provided, That this provision shall apply to direct payments, formula 
funds, and grants received by a State receiving Federal funds.

    Sec. 727. (a) Prohibition of Federal Agency Monitoring of 
Individuals' Internet Use.--None of the funds made available in this or 
any other Act may be used by any Federal agency--
            (1) to collect, review, or create any aggregation of data, 
        derived from any means, that includes any personally 
        identifiable information relating to an individual's access to 
        or use of any Federal Government Internet site of the agency; or
            (2) to enter into any agreement with a third party 
        (including another government agency) to collect, review, or 
        obtain any aggregation of data, derived from any means, that 
        includes any personally identifiable information relating to an 
        individual's access to or use of any nongovernmental Internet 
        site.

    (b) Exceptions.--The limitations established in subsection (a) shall 
not apply to--
            (1) any record of aggregate data that does not identify 
        particular persons;
            (2) any voluntary submission of personally identifiable 
        information;
            (3) any action taken for law enforcement, regulatory, or 
        supervisory purposes, in accordance with applicable law; or
            (4) any action described in subsection (a)(1) that is a 
        system security action taken by the operator of an Internet site 
        and is necessarily incident to providing the Internet site 
        services or to protecting the rights or property of the provider 
        of the Internet site.

    (c) Definitions.--For the purposes of this section:
            (1) The term ``regulatory'' means agency actions to 
        implement, interpret or enforce authorities provided in law.
            (2) The term ``supervisory'' means examinations of the 
        agency's supervised institutions, including assessing safety and 
        soundness, overall financial condition, management practices and 
        policies and compliance with applicable standards as provided in 
        law.

    Sec. 728. (a) <<NOTE: Contracts. Contraception.>>  None of the funds 
appropriated by this Act may be used to enter into or renew a contract 
which includes a provision

[[Page 123 STAT. 688]]

providing prescription drug coverage, except where the contract also 
includes a provision for contraceptive coverage.

    (b) Nothing in this section shall apply to a contract with--
            (1) any of the following religious plans:
                    (A) Personal Care's HMO; and
                    (B) OSF HealthPlans, Inc.; and
            (2) any existing or future plan, if the carrier for the plan 
        objects to such coverage on the basis of religious beliefs.

    (c) In implementing this section, any plan that enters into or 
renews a contract under this section may not subject any individual to 
discrimination on the basis that the individual refuses to prescribe or 
otherwise provide for contraceptives because such activities would be 
contrary to the individual's religious beliefs or moral convictions.
    (d) Nothing <<NOTE: Abortion.>>  in this section shall be construed 
to require coverage of abortion or abortion-related services.

    Sec. 729.  The <<NOTE: Sports. Drugs and drug abuse.>>  Congress of 
the United States recognizes the United States Anti-Doping Agency 
(USADA) as the official anti-doping agency for Olympic, Pan American, 
and Paralympic sport in the United States.

    Sec. 730.  Notwithstanding any other provision of law, funds 
appropriated for official travel by Federal departments and agencies may 
be used by such departments and agencies, if consistent with Office of 
Management and Budget Circular A-126 regarding official travel for 
Government personnel, to participate in the fractional aircraft 
ownership pilot program.
    Sec. 731.  Notwithstanding any other provision of law, none of the 
funds appropriated or made available under this Act or any other 
appropriations Act may be used to implement or enforce restrictions or 
limitations on the Coast Guard Congressional Fellowship Program, or to 
implement the proposed regulations of the Office of Personnel Management 
to add sections 300.311 through 300.316 to part 300 of title 5 of the 
Code of Federal Regulations, published in the Federal Register, volume 
68, number 174, on September 9, 2003 (relating to the detail of 
executive branch employees to the legislative branch).
    Sec. 732.  Notwithstanding any other provision of law, no executive 
branch agency shall purchase, construct, and/or lease any additional 
facilities, except within or contiguous to existing locations, to be 
used for the purpose of conducting Federal law enforcement training 
without the advance approval of the Committees on Appropriations, except 
that the Federal Law Enforcement Training Center is authorized to obtain 
the temporary use of additional facilities by lease, contract, or other 
agreement for training which cannot be accommodated in existing Center 
facilities.
    Sec. 733. (a) <<NOTE: Reports.>>  For fiscal year 2009, no funds 
shall be available for transfers or reimbursements to the E-Government 
initiatives sponsored by the Office of Management and Budget prior to 15 
days following submission of a report to the Committees on 
Appropriations by the Director of the Office of Management and Budget 
and receipt of approval to transfer funds by the Committees on 
Appropriations of the House of Representatives and the Senate.

    (b) The <<NOTE: Justification materials.>>  report in (a) and other 
required justification materials shall include at a minimum--
            (1) a description of each initiative including but not 
        limited to its objectives, benefits, development status, risks, 
        cost effectiveness (including estimated net costs or savings to 
        the

[[Page 123 STAT. 689]]

        government), and the estimated date of full operational 
        capability;
            (2) the total development cost of each initiative by fiscal 
        year including costs to date, the estimated costs to complete 
        its development to full operational capability, and estimated 
        annual operations and maintenance costs; and
            (3) the sources and distribution of funding by fiscal year 
        and by agency and bureau for each initiative including agency 
        contributions to date and estimated future contributions by 
        agency.

    (c) No funds shall be available for obligation or expenditure for 
new E-Government initiatives without the explicit approval of the 
Committees on Appropriations of the House of Representatives and the 
Senate.
    Sec. 734. Notwithstanding section 1346 of title 31, United States 
Code, and section 708 of this Act and any other provision of law, the 
head of each appropriate executive department and agency shall transfer 
to or reimburse the Federal Aviation Administration, upon the direction 
of the Director of the Office of Management and Budget, funds made 
available by this or any other Act for the purposes described below, and 
shall submit budget requests for such purposes. These funds shall be 
administered by the Federal Aviation Administration, in consultation 
with the appropriate interagency groups designated by the Director and 
shall be used to ensure the uninterrupted, continuous operation of the 
Midway Atoll Airfield by the Federal Aviation Administration pursuant to 
an operational agreement with the Department of the Interior for the 
entirety of fiscal year 2009 and any period thereafter that precedes the 
enactment of the Financial Services and General Government 
Appropriations Act, 2010. The Director of the Office of Management and 
Budget shall mandate the necessary transfers after determining an 
equitable allocation between the appropriate executive departments and 
agencies of the responsibility for funding the continuous operation of 
the Midway Atoll Airfield based on, but not limited to, potential use, 
interest in maintaining aviation safety, and applicability to 
governmental operations and agency mission. The total funds transferred 
or reimbursed shall not exceed $6,000,000 for any 12-month period. Such 
sums shall be sufficient to ensure continued operation of the airfield 
throughout the period cited above. Funds shall be available for 
operation of the airfield or airfield-related capital 
upgrades. <<NOTE: Notification. Deadline.>>  The Director of the Office 
of Management and Budget shall notify the Committees on Appropriations 
of such transfers or reimbursements within 15 days of this 
Act. <<NOTE: Time period.>>  Such transfers or reimbursements shall 
begin within 30 days of enactment of this Act.

    Sec. 735.  Section 739(a)(1) of division D of the Consolidated 
Appropriations Act, 2008 <<NOTE: 31 USC 501 note.>>  (Public Law 110-
161; 121 Stat. 2029) is amended by striking ``more than 10''.

    Sec. 736.  Section 739 of division D of the Consolidated 
Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 2030) is amended 
by striking subsection (b) and inserting the following:
    ``(b) Guidelines on Insourcing New and Contracted Out Functions.--
            ``(1) Guidelines required.--(A) The <<NOTE: Procedures.>>  
        heads of executive agencies subject to the Federal Activities 
        Inventory Reform Act of 1998 (Public Law 105-270; 31 U.S.C. 501 
        note) shall devise and implement guidelines and procedures to 
        ensure that

[[Page 123 STAT. 690]]

        consideration is given to using, on a regular basis, Federal 
        employees to perform new functions and functions that are 
        performed by contractors and could be performed by Federal 
        employees.
            ``(B) The guidelines and procedures required under 
        subparagraph (A) may not include any specific limitation or 
        restriction on the number of functions or activities that may be 
        converted to performance by Federal employees.
            ``(2) Special consideration for certain functions.--The 
        guidelines and procedures required under paragraph (1) shall 
        provide for special consideration to be given to using Federal 
        employees to perform any function that--
                    ``(A) is performed by a contractor and--
                          ``(i) has been performed by Federal employees 
                      at any time during the previous 10 years;
                          ``(ii) is a function closely associated with 
                      the performance of an inherently governmental 
                      function;
                          ``(iii) has been performed pursuant to a 
                      contract awarded on a non-competitive basis; or
                          ``(iv) has been performed poorly, as 
                      determined by a contracting officer during the 5-
                      year period preceding the date of such 
                      determination, because of excessive costs or 
                      inferior quality; or
                    ``(B) is a new requirement, with particular emphasis 
                given to a new requirement that is similar to a function 
                previously performed by Federal employees or is a 
                function closely associated with the performance of an 
                inherently governmental function.
            ``(3) Exclusion of certain functions from competitions.--The 
        head of an executive agency may not conduct a public-private 
        competition under Office of Management and Budget Circular A-76 
        or any other provision of law or regulation before--
                    ``(A) in the case of a new agency function, 
                assigning the performance of the function to Federal 
                employees;
                    ``(B) in the case of any agency function described 
                in paragraph (2), converting the function to performance 
                by Federal employees; or
                    ``(C) in the case of an agency function performed by 
                Federal employees, expanding the scope of the function.
            ``(4) Deadline.--(A) The head of each executive agency shall 
        implement the guidelines and procedures required under this 
        subsection by not later than 120 days after the date of the 
        enactment of this subsection.
            ``(B) Not <<NOTE: Reports.>>  later than 210 days after the 
        date of the enactment of this subsection, the Government 
        Accountability Office shall submit a report on the 
        implementation of this subsection to the Committees on 
        Appropriations of the House of Representatives and the Senate, 
        the Committee on Oversight and Government Reform of the House of 
        Representatives, and the Committee on Homeland Security and 
        Governmental Affairs of the Senate.
            ``(5) Definitions.--In this subsection:
                    ``(A) The term `inherently governmental functions' 
                has the meaning given such term in subpart 7.5 of part 7 
                of the Federal Acquisition Regulation.

[[Page 123 STAT. 691]]

                    ``(B) The term `functions closely associated with 
                inherently governmental functions' means the functions 
                described in section 7.503(d) of the Federal Acquisition 
                Regulation.
            ``(6) Applicability.--This subsection shall not apply to the 
        Department of Defense.''.

    Sec. 737.  None of the funds appropriated or otherwise made 
available by this or any other Act may be used to begin or announce a 
study or public-private competition regarding the conversion to 
contractor performance of any function performed by Federal employees 
pursuant to Office of Management and Budget Circular A-76 or any other 
administrative regulation, directive, or policy.
    Sec. 738. (a) Section 142(a) of division A of the Consolidated 
Security, Disaster Assistance, and Continuing Appropriations Act, 2009 
(Public Law 110-329; 122 Stat. 3580) <<NOTE: 5 USC 5303 note.>>  is 
amended by striking ``Security.'' and inserting ``Security and shall 
apply to civilian employees in the Department of Defense who are 
represented by a labor organization as defined in section 7103(a)(4) of 
title 5, United States Code.''.

    (b) The <<NOTE: 5 USC 5303 note.>>  amendment made by subsection (a) 
shall take effect as if included in the enactment of the Consolidated 
Security, Disaster Assistance, and Continuing Appropriations Act, 2009.

    Sec. 739.  Unless <<NOTE: News story.>>  otherwise authorized by 
existing law, none of the funds provided in this Act or any other Act 
may be used by an executive branch agency to produce any prepackaged 
news story intended for broadcast or distribution in the United States, 
unless the story includes a clear notification within the text or audio 
of the prepackaged news story that the prepackaged news story was 
prepared or funded by that executive branch agency.

    Sec. 740.  None of the funds made available in this Act may be used 
in contravention of section 552a of title 5, United States Code 
(popularly known as the Privacy Act) and regulations implementing that 
section.
    Sec. 741.  Each <<NOTE: 5 USC 5701 note.>>  executive department and 
agency shall evaluate the creditworthiness of an individual before 
issuing the individual a government travel charge card. Such evaluations 
for individually-billed travel charge cards shall include an assessment 
of the individual's consumer report from a consumer reporting agency as 
those terms are defined in section 603 of the Fair Credit Reporting Act 
(Public Law 91-508): Provided, That the department or agency may not 
issue a government travel charge card to an individual that either lacks 
a credit history or is found to have an unsatisfactory credit history as 
a result of this evaluation: Provided further, That this restriction 
shall not preclude issuance of a restricted-use charge, debit, or stored 
value card made in accordance with agency procedures to: (1) an 
individual with an unsatisfactory credit history where such card is used 
to pay travel expenses and the agency determines there is no suitable 
alternative payment mechanism available before issuing the card; or (2) 
an individual who lacks a credit 
history. <<NOTE: Guidelines. Procedures.>>  Each executive department 
and agency shall establish guidelines and procedures for disciplinary 
actions to be taken against agency personnel for improper, fraudulent, 
or abusive use of government charge cards, which shall include 
appropriate disciplinary actions for use of charge cards for purposes, 
and at establishments, that are inconsistent with the official business 
of the Department or agency or with applicable standards of conduct.

[[Page 123 STAT. 692]]

    Sec. 742. Crosscut Budget. (a) Definitions.--For purposes of this 
section the following definitions apply:
            (1) Great lakes.--The terms ``Great Lakes'' and ``Great 
        Lakes State'' have the same meanings as such terms have in 
        section 506 of the Water Resources Development Act of 2000 (42 
        U.S.C. 1962d-22).
            (2) Great lakes restoration activities.--The term ``Great 
        Lakes restoration activities'' means any Federal or State 
        activity primarily or entirely within the Great Lakes watershed 
        that seeks to improve the overall health of the Great Lakes 
        ecosystem.

    (b) Report.--Not later <<NOTE: Certification.>>  than 45 days after 
submission of the budget of the President to Congress, the Director of 
the Office of Management and Budget, in coordination with the Governor 
of each Great Lakes State and the Great Lakes Interagency Task Force, 
shall submit to the appropriate authorizing and appropriating committees 
of the Senate and the House of Representatives a financial report, 
certified by the Secretary of each agency that has budget authority for 
Great Lakes restoration activities, containing--
            (1) an interagency budget crosscut report that--
                    (A) displays the budget proposed, including any 
                planned interagency or intra-agency transfer, for each 
                of the Federal agencies that carries out Great Lakes 
                restoration activities in the upcoming fiscal year, 
                separately reporting the amount of funding to be 
                provided under existing laws pertaining to the Great 
                Lakes ecosystem; and
                    (B) identifies all expenditures since fiscal year 
                2004 by the Federal Government and State governments for 
                Great Lakes restoration activities;
            (2) a detailed accounting of all funds received and 
        obligated by all Federal agencies and, to the extent available, 
        State agencies using Federal funds, for Great Lakes restoration 
        activities during the current and previous fiscal years;
            (3) a budget for the proposed projects (including a 
        description of the project, authorization level, and project 
        status) to be carried out in the upcoming fiscal year with the 
        Federal portion of funds for activities; and
            (4) a listing of all projects to be undertaken in the 
        upcoming fiscal year with the Federal portion of funds for 
        activities.

    Sec. 743. (a) In General.--None of the funds appropriated or 
otherwise made available by this or any other Act may be used for any 
Federal Government contract with any foreign incorporated entity which 
is treated as an inverted domestic corporation under section 835(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any subsidiary of 
such an entity.
    (b) Waivers.--
            (1) In general.--Any Secretary shall waive subsection (a) 
        with respect to any Federal Government contract under the 
        authority of such Secretary if the Secretary determines that the 
        waiver is required in the interest of national security.
            (2) Report to congress.--Any Secretary issuing a waiver 
        under paragraph (1) shall report such issuance to Congress.

    (c) Exception.--This section shall not apply to any Federal 
Government contract entered into before the date of the enactment of 
this Act, or to any task order issued pursuant to such contract.

[[Page 123 STAT. 693]]

    Sec. 744. (a) <<NOTE: Web links. 5 USC app. 8L.>>  Each executive 
department and agency shall establish and maintain on the homepage of 
its website, an obvious, direct link to the website of its respective 
Inspector General.

    (b) Each <<NOTE: Web posting.>>  Office of Inspector General shall: 
(1) post on its website any public report or audit or portion of any 
report or audit issued within one day of its release; (2) provide a 
service on its website to allow an individual to request automatic 
receipt of information relating to any public report or audit or portion 
of that report or audit and which permits electronic transmittal of the 
information, or notice of the availability of the information without 
further request; and (3) establish and maintain a direct link on its 
website for individuals to anonymously report waste, fraud and abuse.

    Sec. 745.  None of the funds made available by this or any other Act 
may be used to implement, administer, enforce, or apply the rule 
entitled ``Competitive Area'' published by the Office of Personnel 
Management in the Federal Register on April 15, 2008 (73 Fed. Reg. 20180 
et seq.).
    Sec. 746.  None of the funds made available by this or any other Act 
may be used to implement, administer, or enforce section 5(b) of 
Executive Order 13422 (72 Fed. Reg. 2763; relating to Regulatory Policy 
Officer).
    Sec. 747. <<NOTE: Deadline. Reports.>>  No later than 120 days after 
enactment of this Act, the Office of Management and Budget shall submit 
a status report on the pilot program, established under section 748 of 
division D of Public Law 110-161, to develop and implement an inventory 
to track the cost and size (in contractor manpower equivalents) of 
service contracts, particularly with respect to contracts that have been 
performed poorly by a contractor because of excessive costs or inferior 
quality, as determined by a contracting officer within the last 5 years, 
involve inherently governmental functions, or were undertaken without 
competition.

    Sec. 748.  Executive <<NOTE: 42 USC 4321 note.>>  Order 13423 (72 
Fed. Reg. 3919; Jan. 24, 2007) shall remain in effect hereafter except 
as otherwise provided by law after the date of the enactment of this 
Act.

    Sec. 749. <<NOTE: Effective date. 5 USC 5501 note prec.>>  Effective 
January 20, 2009, and for each fiscal year thereafter, no part of any 
appropriation contained in this or any other Act may be used for the 
payment of services to any individual carrying out the responsibilities 
of any position requiring Senate advice and consent in an acting or 
temporary capacity after the second submission of a nomination for that 
individual to that position has been withdrawn or returned to the 
President.

    Sec. 750.  Except <<NOTE: 28 USC 461 note.>>  as expressly provided 
otherwise, any reference to ``this Act'' contained in any title other 
than title IV or VIII shall not apply to such title IV or VIII.

    Sec. 751. Nonreduction in Pay While Federal Employee is Performing 
Active Service in the Uniformed Services or National Guard. (a) In 
General.--Subchapter IV of chapter 55 of title 5, United States Code, is 
amended by adding at the end the following:

``Sec. 5538. Nonreduction in pay while serving in the uniformed services 
                        or National Guard

    ``(a) An employee who is absent from a position of employment with 
the Federal Government in order to perform active duty in the uniformed 
services pursuant to a call or order to active duty under a provision of 
law referred to in section 101(a)(13)(B) of title 10 shall be entitled, 
while serving on active duty, to receive,

[[Page 123 STAT. 694]]

for each pay period described in subsection (b), an amount equal to the 
amount by which--
            ``(1) the amount of basic pay which would otherwise have 
        been payable to such employee for such pay period if such 
        employee's civilian employment with the Government had not been 
        interrupted by that service, exceeds (if at all)
            ``(2) the amount of pay and allowances which (as determined 
        under subsection (d))--
                    ``(A) is payable to such employee for that service; 
                and
                    ``(B) is allocable to such pay period.

    ``(b)(1) Amounts under this section shall be payable with respect to 
each pay period (which would otherwise apply if the employee's civilian 
employment had not been interrupted)--
            ``(A) during which such employee is entitled to reemployment 
        rights under chapter 43 of title 38 with respect to the position 
        from which such employee is absent (as referred to in subsection 
        (a)); and
            ``(B) for which such employee does not otherwise receive 
        basic pay (including by taking any annual, military, or other 
        paid leave) to which such employee is entitled by virtue of such 
        employee's civilian employment with the Government.

    ``(2) For purposes of this section, the period during which an 
employee is entitled to reemployment rights under chapter 43 of title 
38--
            ``(A) shall be determined disregarding the provisions of 
        section 4312(d) of title 38; and
            ``(B) shall include any period of time specified in section 
        4312(e) of title 38 within which an employee may report or apply 
        for employment or reemployment following completion of service 
        on active duty to which called or ordered as described in 
        subsection (a).

    ``(c) Any amount payable under this section to an employee shall be 
paid--
            ``(1) by such employee's employing agency;
            ``(2) from the appropriation or fund which would be used to 
        pay the employee if such employee were in a pay status; and
            ``(3) to the extent practicable, at the same time and in the 
        same manner as would basic pay if such employee's civilian 
        employment had not been interrupted.

    ``(d) The <<NOTE: Regulations.>>  Office of Personnel Management 
shall, in consultation with Secretary of Defense, prescribe any 
regulations necessary to carry out the preceding provisions of this 
section.

    ``(e)(1) The <<NOTE: Procedures.>>  head of each agency referred to 
in section 2302(a)(2)(C)(ii) shall, in consultation with the Office, 
prescribe procedures to ensure that the rights under this section apply 
to the employees of such agency.

    ``(2) The Administrator of the Federal Aviation Administration 
shall, in consultation with the Office, prescribe procedures to ensure 
that the rights under this section apply to the employees of that 
agency.
    ``(f) For <<NOTE: Definitions.>>  purposes of this section--
            ``(1) the terms `employee', `Federal Government', and 
        `uniformed services' have the same respective meanings as given 
        those terms in section 4303 of title 38;
            ``(2) the term `employing agency', as used with respect to 
        an employee entitled to any payments under this section,

[[Page 123 STAT. 695]]

        means the agency or other entity of the Government (including an 
        agency referred to in section 2302(a)(2)(C)(ii)) with respect to 
        which such employee has reemployment rights under chapter 43 of 
        title 38; and
            ``(3) the term `basic pay' includes any amount payable under 
        section 5304.''.

    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 55 of title 5, United States Code, is amended by inserting after 
the item relating to section 5537 the following:

``5538. Nonreduction in pay while serving in the uniformed services or 
           National Guard.''.

    (c) Effective Date.--The <<NOTE: 5 USC 5538 note.>>  amendments made 
by this section shall apply with respect to pay periods (as described in 
section 5538(b) of title 5, United States Code, as amended by this 
section) beginning on or after the date of enactment of this Act.

    Sec. 752. <<NOTE: Deadlines. Reports.>>  Not later than 120 days 
after enactment of this Act, each executive department and agency shall 
submit to the Director of the Office of Management and Budget a report 
stating the total size of its workforce, differentiated by number of 
civilian, military, and contract workers as of December 31, 
2008. <<NOTE: Statement.>>  Not later than 180 days after enactment of 
this Act, the Director of the Office of Management and Budget shall 
submit to the Committee a comprehensive statement delineating the 
workforce data by individual department and agency, as well as aggregate 
totals of civilian, military, and contract workers.

                               TITLE VIII

                GENERAL PROVISIONS--DISTRICT OF COLUMBIA

    Sec. 801.  Whenever in this Act, an amount is specified within an 
appropriation for particular purposes or objects of expenditure, such 
amount, unless otherwise specified, shall be considered as the maximum 
amount that may be expended for said purpose or object rather than an 
amount set apart exclusively therefor.
    Sec. 802.  Appropriations in this Act shall be available for 
expenses of travel and for the payment of dues of organizations 
concerned with the work of the District of Columbia government, when 
authorized by the Mayor, or, in the case of the Council of the District 
of Columbia, funds may be expended with the authorization of the 
Chairman of the Council.
    Sec. 803.  There are appropriated from the applicable funds of the 
District of Columbia such sums as may be necessary for making refunds 
and for the payment of legal settlements or judgments that have been 
entered against the District of Columbia government.
    Sec. 804. (a) <<NOTE: Lobbying.>>  None of the Federal funds 
provided in this Act shall be used for publicity or propaganda purposes 
or implementation of any policy including boycott designed to support or 
defeat legislation pending before Congress or any State legislature.

    (b) The District of Columbia may use local funds provided in this 
title to carry out lobbying activities on any matter.
    Sec. 805. (a) None of the funds provided under this Act to the 
agencies funded by this Act, both Federal and District government 
agencies, that remain available for obligation or expenditure in fiscal 
year 2009, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available

[[Page 123 STAT. 696]]

to the agencies funded by this Act, shall be available for obligation or 
expenditures for an agency through a reprogramming of funds which--
            (1) creates new programs;
            (2) eliminates a program, project, or responsibility center;
            (3) establishes or changes allocations specifically denied, 
        limited or increased under this Act;
            (4) increases funds or personnel by any means for any 
        program, project, or responsibility center for which funds have 
        been denied or restricted;
            (5) reestablishes any program or project previously deferred 
        through reprogramming;
            (6) augments any existing program, project, or 
        responsibility center through a reprogramming of funds in excess 
        of $3,000,000 or 10 percent, whichever is less; or
            (7) increases <<NOTE: Notification. Deadlines. Reports.>>  
        by 20 percent or more personnel assigned to a specific program, 
        project or responsibility center,

unless in the case of Federal funds, the Committees on Appropriations of 
the House of Representatives and the Senate are notified in writing 15 
days in advance of the reprogramming and in the case of local funds, the 
Committees on Appropriations of the House of Representatives and the 
Senate are provided summary reports on April 1, 2009 and October 1, 
2009, setting forth detailed information regarding each such local funds 
reprogramming conducted subject to this subsection.
    (b) None <<NOTE: Reports. Deadlines.>>  of the local funds contained 
in this Act may be available for obligation or expenditure for an agency 
through a transfer of any local funds in excess of $3,000,000 from one 
appropriation heading to another unless the Committees on Appropriations 
of the House of Representatives and the Senate are provided summary 
reports on April 1, 2009 and October 1, 2009, setting forth detailed 
information regarding each reprogramming conducted subject to this 
subsection.

    (c) The District of Columbia government is authorized to approve and 
execute reprogramming and transfer requests of local funds under this 
title through December 1, 2009.
    Sec. 806.  Consistent <<NOTE: Applicability.>>  with the provisions 
of section 1301(a) of title 31, United States Code, appropriations under 
this Act shall be applied only to the objects for which the 
appropriations were made except as otherwise provided by law.

    Sec. 807.  None <<NOTE: Cohabiting couples.>>  of the Federal funds 
made available in this Act may be used to implement or enforce the 
Health Care Benefits Expansion Act of 1992 (D.C. Law 9-114; D.C. 
Official Code, sec. 32-701 et seq.) or to otherwise implement or enforce 
any system of registration of unmarried, cohabiting couples, including 
but not limited to registration for the purpose of extending employment, 
health, or governmental benefits to such couples on the same basis that 
such benefits are extended to legally married couples.

    Sec. 808. (a) Section 446B(f) of the District of Columbia Home Rule 
Act (sec. 1-204.46b(f), D.C. Official Code) is amended by striking 
``fiscal years 2006 through 2008'' and inserting ``fiscal year 2006 and 
each succeeding fiscal year''.
    (b) The amendment made by subsection (a) shall take effect as if 
included in the enactment of the 2005 District of Columbia Omnibus 
Authorization Act.
    Sec. 809. None of the Federal funds provided in this Act may be used 
by the District of Columbia to provide for salaries, expenses,

[[Page 123 STAT. 697]]

or other costs associated with the offices of United States Senator or 
United States Representative under section 4(d) of the District of 
Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C. 
Law 3-171; D.C. Official Code, sec. 1-123).
    Sec. 810.  Except as otherwise provided in this section, none of the 
funds made available by this Act or by any other Act may be used to 
provide any officer or employee of the District of Columbia with an 
official vehicle unless the officer or employee uses the vehicle only in 
the performance of the officer's or employee's official duties. For 
purposes of this section, the term ``official duties'' does not include 
travel between the officer's or employee's residence and workplace, 
except in the case of--
            (1) an officer or employee of the Metropolitan Police 
        Department who resides in the District of Columbia or a District 
        of Columbia government employee as may otherwise be designated 
        by the Chief of the Department;
            (2) at the discretion of the Fire Chief, an officer or 
        employee of the District of Columbia Fire and Emergency Medical 
        Services Department who resides in the District of Columbia and 
        is on call 24 hours a day or is otherwise designated by the Fire 
        Chief;
            (3) at the discretion of the Director of the Department of 
        Corrections, an officer or employee of the District of Columbia 
        Department of Corrections who resides in the District of 
        Columbia and is on call 24 hours a day or is otherwise 
        designated by the Director;
            (4) the Mayor of the District of Columbia; and
            (5) the Chairman of the Council of the District of Columbia.

    Sec. 811. <<NOTE: Voting rights.>>  (a) None of the Federal funds 
contained in this Act may be used by the District of Columbia Attorney 
General or any other officer or entity of the District government to 
provide assistance for any petition drive or civil action which seeks to 
require Congress to provide for voting representation in Congress for 
the District of Columbia.

    (b) Nothing in this section bars the District of Columbia Attorney 
General from reviewing or commenting on briefs in private lawsuits, or 
from consulting with officials of the District government regarding such 
lawsuits.
    Sec. 812.  None <<NOTE: Needle distribution.>>  of the Federal funds 
contained in this Act may be used for any program of distributing 
sterile needles or syringes for the hypodermic injection of any illegal 
drug.

    Sec. 813.  Nothing <<NOTE: Contraceptives. Conscience exceptions.>>  
in this Act may be construed to prevent the Council or Mayor of the 
District of Columbia from addressing the issue of the provision of 
contraceptive coverage by health insurance plans, but it is the intent 
of Congress that any legislation enacted on such issue should include a 
``conscience clause'' which provides exceptions for religious beliefs 
and moral convictions.

    Sec. 814. (a) Notwithstanding section 615(i)(3)(B) of the 
Individuals With Disabilities Education Act (20 U.S.C. 1415(i)(3)(B)), 
none of the funds contained in this Act or in any other Act making 
appropriations for the government of the District of Columbia for fiscal 
year 2009 or any succeeding fiscal year may be made available--
            (1) to pay the fees of an attorney who represents a party in 
        or defends an IDEA proceeding which was initiated prior to the 
        date of the enactment of this Act in an amount in excess of 
        $4,000 for that proceeding; or

[[Page 123 STAT. 698]]

            (2) to pay the fees of an attorney or firm who represents a 
        party in or defends an IDEA proceeding if the Chief Financial 
        Officer of the District of Columbia determines that the attorney 
        or firm has a pecuniary interest (either directly or through an 
        attorney, officer, or employee of the firm) in any special 
        education diagnostic services or schools or other special 
        education service providers.

    (b) In <<NOTE: Definitions.>>  this section, the term ``IDEA 
proceeding'' means any action or administrative proceeding (including 
any ensuing or related proceedings before a court of competent 
jurisdiction) brought against the District of Columbia Public Schools 
under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et 
seq.).

    Sec. 815. <<NOTE: Reports.>>  The Mayor of the District of Columbia 
shall submit to the Committees on Appropriations of the House of 
Representatives and the Senate, the Committee on Oversight and 
Government Reform of the House of Representatives, and the Committee on 
Homeland Security and Governmental Affairs of the Senate annual reports 
addressing--
            (1) crime, including the homicide rate, implementation of 
        community policing, the number of police officers on local 
        beats, and the closing down of open-air drug markets;
            (2) access to substance and alcohol abuse treatment, 
        including the number of treatment slots, the number of people 
        served, the number of people on waiting lists, and the 
        effectiveness of treatment programs, the retention rates in 
        treatment programs, and the recidivism/re-arrest rates for 
        treatment participants;
            (3) management of parolees and pre-trial violent offenders, 
        including the number of halfway houses escapes and steps taken 
        to improve monitoring and supervision of halfway house residents 
        to reduce the number of escapes to be provided in consultation 
        with the Court Services and Offender Supervision Agency for the 
        District of Columbia;
            (4) education, including access to special education 
        services and student achievement to be provided in consultation 
        with the District of Columbia Public Schools and the District of 
        Columbia public charter schools, repeated grade rates, high 
        school graduation rates, post-secondary education attendance 
        rates, and teen pregnancy rates;
            (5) improvement in basic District services, including rat 
        control and abatement;
            (6) application for and management of Federal grants, 
        including the number and type of grants for which the District 
        was eligible but failed to apply and the number and type of 
        grants awarded to the District but for which the District failed 
        to spend the amounts received;
            (7) indicators of child and family well-being including 
        child living arrangements by family structure, number of 
        children aging out of foster care, poverty rates by family 
        structure, crime by family structure, marriage rates by income 
        quintile, and out-of-wedlock births; and
            (8) employment, including job status and participation in 
        assistance programs by income, education and family structure.

    Sec. 816. <<NOTE: Effective dates.>>  Beginning in fiscal year 2009 
and each fiscal year thereafter, the amount appropriated to the District 
of Columbia may be increased by no more than $100,000,000 from funds 
identified in the annual comprehensive annual financial report as the

[[Page 123 STAT. 699]]

District's immediately preceding fiscal year's unexpended general fund 
surplus. The District may obligate and expend these amounts only in 
accordance with the following conditions:
            (1) The <<NOTE: Certification.>>  Chief Financial Officer of 
        the District of Columbia shall certify that the use of any such 
        amounts is not anticipated to have a negative impact on the 
        District's long-term financial, fiscal, and economic vitality.
            (2) The District of Columbia may only use these funds for 
        the following expenditures:
                    (A) One-time expenditures.
                    (B) Expenditures to avoid deficit spending.
                    (C) Debt Reduction.
                    (D) Program needs.
                    (E) Expenditures to avoid revenue shortfalls.
            (3) The amounts shall be obligated and expended in 
        accordance with laws enacted by the Council in support of each 
        such obligation or expenditure.
            (4) The amounts may not be used to fund the agencies of the 
        District of Columbia government under court ordered 
        receivership.
            (5) The <<NOTE: Notification. Deadline.>>  amounts may not 
        be obligated or expended unless the Mayor notifies the 
        Committees on Appropriations of the House of Representatives and 
        the Senate not fewer than 30 days in advance of the obligation 
        or expenditure.

    Sec. 817. (a) <<NOTE: Effective dates.>>  Beginning in fiscal year 
2009 and each fiscal year thereafter, consistent with revenue 
collections, the amount appropriated as District of Columbia Funds may 
be increased--
            (1) by an aggregate amount of not more than 25 percent, in 
        the case of amounts proposed to be allocated as ``Other-Type 
        Funds'' in the annual Proposed Budget and Financial Plan 
        submitted to Congress by the District of Columbia; and
            (2) by an aggregate amount of not more than 6 percent, in 
        the case of any other amounts proposed to be allocated in such 
        Proposed Budget and Financial Plan.

    (b) The District of Columbia may obligate and expend any increase in 
the amount of funds authorized under this section only in accordance 
with the following conditions:
            (1) The <<NOTE: Certification.>>  Chief Financial Officer of 
        the District of Columbia shall certify--
                    (A) the increase in revenue; and
                    (B) that the use of the amounts is not anticipated 
                to have a negative impact on the long-term financial, 
                fiscal, or economic health of the District.
            (2) The amounts shall be obligated and expended in 
        accordance with laws enacted by the Council of the District of 
        Columbia in support of each such obligation and expenditure, 
        consistent with the requirements of this Act.
            (3) The amounts may not be used to fund any agencies of the 
        District government operating under court-ordered receivership.
            (4) The <<NOTE: Notification. Deadline.>>  amounts may not 
        be obligated or expended unless the Mayor has notified the 
        Committees on Appropriations of the House of Representatives and 
        the Senate not fewer than 30 days in advance of the obligation 
        or expenditure.

    Sec. 818. <<NOTE: Effective dates. Loans.>>  Beginning in fiscal 
year 2009 and each fiscal year thereafter, the Chief Financial Officer 
for the District of Columbia may, for the purpose of cash flow 
management, conduct short-

[[Page 123 STAT. 700]]

term borrowing from the emergency reserve fund and from the contingency 
reserve fund established under section 450A of the District of Columbia 
Home Rule Act (Public Law 93-198): Provided, That the amount borrowed 
shall not exceed 50 percent of the total amount of funds contained in 
both the emergency and contingency reserve funds at the time of 
borrowing: Provided further, That the borrowing shall not deplete either 
fund by more than 50 percent: <<NOTE: Deadlines.>>  Provided further, 
That 100 percent of the funds borrowed shall be replenished within 9 
months of the time of the borrowing or by the end of the fiscal year, 
whichever occurs earlier: Provided further, That <<NOTE: Deadline.>>  in 
the event that short-term borrowing has been conducted and the emergency 
or the contingency reserve funds are later depleted below 50 percent as 
a result of an emergency or contingency, an amount equal to the amount 
necessary to restore reserve levels to 50 percent of the total amount of 
funds contained in both the emergency and contingency reserve fund must 
be replenished from the amount borrowed within 60 days.

    Sec. 819. (a) <<NOTE: Drugs and drug abuse.>>  None of the funds 
contained in this Act may be used to enact or carry out any law, rule, 
or regulation to legalize or otherwise reduce penalties associated with 
the possession, use, or distribution of any schedule I substance under 
the Controlled Substances Act (21 U.S.C. 801 et seq.) or any 
tetrahydrocannabinols derivative.

    (b) The Legalization of Marijuana for Medical Treatment Initiative 
of 1998, also known as Initiative 59, approved by the electors of the 
District of Columbia on November 3, 1998, shall not take effect.
    Sec. 820.  None <<NOTE: Abortion.>>  of the funds appropriated under 
this Act shall be expended for any abortion except where the life of the 
mother would be endangered if the fetus were carried to term or where 
the pregnancy is the result of an act of rape or incest.

    Sec. 821.  Amounts appropriated in this Act as operating funds may 
be transferred to the District of Columbia's enterprise and capital 
funds and such amounts, once transferred shall retain appropriation 
authority consistent with the provisions of this Act.
    Sec. 822. (a) Increase in the Hourly Rate for Attorneys Representing 
Indigent Defendants in the District of Columbia Courts.--Section 11-
2604(a), District of Columbia Official Code, is amended by striking 
``$80 per hour'' and inserting ``$90 per hour''.
    (b) Special Rule for Compensation of Attorneys in Neglect and 
Termination of Parental Rights Proceedings.--Section 16-2326.01(b), 
District of Columbia Official Code, is amended--
            (1) in paragraph (1), by striking ``$1,760'' and inserting 
        ``$1,980'';
            (2) in paragraph (2), by striking ``$1,760'' and inserting 
        ``$1,980'';
            (3) in paragraph (3), by striking ``$2,400'' and inserting 
        ``$2,700''; and
            (4) in paragraph (4), by striking ``$1,200'' and inserting 
        ``$1,350''.

    (c) Effective Date.--The amendments made by this section shall apply 
with respect to cases and proceedings initiated on or after the date of 
enactment of this Act.
    Sec. 823. Section 2 of the Act entitled ``An Act Relative to the 
control of wharf property and certain public spaces in the

[[Page 123 STAT. 701]]

District of Columbia'', approved March 3, 1899 (sec. 10-501.02(a), D.C. 
Official Code) is amended by striking the last sentence.
    Sec. 824.  Except as expressly provided otherwise, any reference to 
``this Act'' contained in this title or in title IV shall be treated as 
referring only to the provisions of this title or of title IV.
    This division may be cited as the ``Financial Services and General 
Government Appropriations Act, 2009''.

DIVISION E--DEPARTMENT <<NOTE: Department of the Interior, Environment, 
   and Related Agencies Appropriations Act, 2009.>>  OF THE INTERIOR, 
ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2009

                                 TITLE I

                       DEPARTMENT OF THE INTERIOR

                        Bureau of Land Management

                    management of lands and resources

    For necessary expenses for protection, use, improvement, 
development, disposal, cadastral surveying, classification, acquisition 
of easements and other interests in lands, and performance of other 
functions, including maintenance of facilities, as authorized by law, in 
the management of lands and their resources under the jurisdiction of 
the Bureau of Land Management, including the general administration of 
the Bureau, and assessment of mineral potential of public lands pursuant 
to Public Law 96-487 (16 U.S.C. 3150(a)), $890,194,000, to remain 
available until expended, of which not to exceed $79,478,000 is 
available for oil and gas management; and of which $1,500,000 is for 
high priority projects, to be carried out by the Youth Conservation 
Corps; and of which $3,000,000 shall be available in fiscal year 2009 
subject to a match by at least an equal amount by the National Fish and 
Wildlife Foundation for cost-shared projects supporting conservation of 
Bureau lands; and such funds shall be advanced to the Foundation as a 
lump sum grant without regard to when expenses are incurred.
    In addition, $36,400,000 is for the processing of applications for 
permit to drill and related use authorizations, to remain available 
until expended, to be reduced by amounts collected by the Bureau and 
credited to this appropriation that shall be derived from $4,000 per new 
application for permit to drill that the Bureau shall collect upon 
submission of each new application, and in addition, $34,696,000 is for 
Mining Law Administration program operations, including the cost of 
administering the mining claim fee program; to remain available until 
expended, to be reduced by amounts collected by the Bureau and credited 
to this appropriation from annual mining claim fees so as to result in a 
final appropriation estimated at not more than $890,194,000, and 
$2,000,000, to remain available until expended, from communication site 
rental fees established by the Bureau for the cost of administering 
communication site activities.


                              construction


    For construction of buildings, recreation facilities, roads, trails, 
and appurtenant facilities, $6,590,000, to remain available until 
expended.

[[Page 123 STAT. 702]]

                            land acquisition


    For expenses necessary to carry out sections 205, 206, and 318(d) of 
Public Law 94-579, including administrative expenses and acquisition of 
lands or waters, or interests therein, $14,775,000, to be derived from 
the Land and Water Conservation Fund and to remain available until 
expended.


                    oregon and california grant lands


    For expenses necessary for management, protection, and development 
of resources and for construction, operation, and maintenance of access 
roads, reforestation, and other improvements on the revested Oregon and 
California Railroad grant lands, on other Federal lands in the Oregon 
and California land-grant counties of Oregon, and on adjacent rights-of-
way; and acquisition of lands or interests therein, including existing 
connecting roads on or adjacent to such grant lands; $109,949,000, to 
remain available until expended: Provided, That 25 percent of the 
aggregate of all receipts during the current fiscal year from the 
revested Oregon and California Railroad grant lands is hereby made a 
charge against the Oregon and California land-grant fund and shall be 
transferred to the General Fund in the Treasury in accordance with the 
second paragraph of subsection (b) of title II of the Act of August 28, 
1937 (50 Stat. 876).


                forest ecosystem health and recovery fund


                    (revolving fund, special account)


    In addition to the purposes authorized in Public Law 102-381, funds 
made available in the Forest Ecosystem Health and Recovery Fund can be 
used for the purpose of planning, preparing, implementing and monitoring 
salvage timber sales and forest ecosystem health and recovery 
activities, such as release from competing vegetation and density 
control treatments. The Federal share of receipts (defined as the 
portion of salvage timber receipts not paid to the counties under 43 
U.S.C. 1181f and 43 U.S.C. 1181f-1 et seq., and Public Law 106-393) 
derived from treatments funded by this account shall be deposited into 
the Forest Ecosystem Health and Recovery Fund.


                           range improvements


    For rehabilitation, protection, and acquisition of lands and 
interests therein, and improvement of Federal rangelands pursuant to 
section 401 of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1701), notwithstanding any other Act, sums equal to 50 percent of 
all moneys received during the prior fiscal year under sections 3 and 15 
of the Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount 
designated for range improvements from grazing fees and mineral leasing 
receipts from Bankhead-Jones lands transferred to the Department of the 
Interior pursuant to law, but not less than $10,000,000, to remain 
available until expended: Provided, That not to exceed $600,000 shall be 
available for administrative expenses.

[[Page 123 STAT. 703]]

               service charges, deposits, and forfeitures


    For administrative expenses and other costs related to processing 
application documents and other authorizations for use and disposal of 
public lands and resources, for costs of providing copies of official 
public land documents, for monitoring construction, operation, and 
termination of facilities in conjunction with use authorizations, and 
for rehabilitation of damaged property, such amounts as may be collected 
under Public Law 94-579, as amended, and Public Law 93-153, to remain 
available until expended: Provided, That, <<NOTE: 43 USC 1735 note.>>  
notwithstanding any provision to the contrary of section 305(a) of 
Public Law 94-579 (43 U.S.C. 1735(a)), any moneys that have been or will 
be received pursuant to that section, whether as a result of forfeiture, 
compromise, or settlement, if not appropriate for refund pursuant to 
section 305(c) of that Act (43 U.S.C. 1735(c)), shall be available and 
may be expended under the authority of this Act by the Secretary to 
improve, protect, or rehabilitate any public lands administered through 
the Bureau of Land Management which have been damaged by the action of a 
resource developer, purchaser, permittee, or any unauthorized person, 
without regard to whether all moneys collected from each such action are 
used on the exact lands damaged which led to the action: Provided 
further, That any such moneys that are in excess of amounts needed to 
repair damage to the exact land for which funds were collected may be 
used to repair other damaged public lands.


                        miscellaneous trust funds


    In addition to amounts authorized to be expended under existing 
laws, there is hereby appropriated such amounts as may be contributed 
under section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), and 
such amounts as may be advanced for administrative costs, surveys, 
appraisals, and costs of making conveyances of omitted lands under 
section 211(b) of that Act, to remain available until expended.


                  PAYMENTS FROM PROCEEDS, SALE OF WATER


                              (rescission)


    The unobligated balances available under this heading on the date of 
enactment of this Act are permanently rescinded.


  USE OF RECEIPTS FROM MINERAL LEASING ACTIVITIES ON CERTAIN NAVAL OIL 
                             SHALE RESERVES


                              (rescission)


    Of the unobligated balances available under this heading, 
$12,996,000 are permanently rescinded.


                        Administrative Provisions


    Appropriations for the Bureau of Land Management (BLM) shall be 
available for purchase, erection, and dismantlement of temporary 
structures, and alteration and maintenance of necessary buildings and 
appurtenant facilities to which the United States has title; up to 
$100,000 for payments, at the discretion of the Secretary, for 
information or evidence concerning violations of laws

[[Page 123 STAT. 704]]

administered by the Bureau; miscellaneous and emergency expenses of 
enforcement activities authorized or approved by the Secretary and to be 
accounted for solely on the Secretary's certificate, not to exceed 
$10,000: Provided, That notwithstanding 44 U.S.C. 501, the Bureau may, 
under cooperative cost-sharing and partnership arrangements authorized 
by law, procure printing services from cooperators in connection with 
jointly produced publications for which the cooperators share the cost 
of printing either in cash or in services, and the Bureau determines the 
cooperator is capable of meeting accepted quality standards: Provided 
further, That projects to be funded pursuant to a written commitment by 
a State government to provide an identified amount of money in support 
of the project may be carried out by the Bureau on a reimbursable basis.
    In fiscal <<NOTE: Fees. 30 USC 28l.>>  year 2009 and each fiscal 
year thereafter, the Bureau of Land Management shall collect mining law 
administration fees; such fees shall be collected in the same manner as 
those authorized by 30 U.S.C. 28f and 28g only to the extent provided in 
advance in appropriations Acts.

    The provisions of law codified at sections 28f(a) and 28g of title 
30, United States Code, are amended to remove the modifications made 
under the heading ``administrative provisions'', under the heading 
``Bureau of Land Management'' in title I of the Department of the 
Interior, Environment, and Related Agencies Appropriations Act, 2008 
(division F of Public Law 110-161; 121 Stat. 2101).
    Sums not <<NOTE: 43 USC 1474f.>>  to exceed 1 percent of the total 
value of procurements received by the Bureau of Land Management from 
vendors under enterprise information technology-procurements that the 
Department of the Interior and other Federal Government agencies may use 
to order information technology hereafter may be deposited into the 
Management of Lands and Resources account to offset costs incurred in 
conducting the procurement.

                 United States Fish and Wildlife Service

                           resource management

    For necessary expenses of the United States Fish and Wildlife 
Service, as authorized by law, and for scientific and economic studies, 
maintenance of the herd of long-horned cattle on the Wichita Mountains 
Wildlife Refuge, general administration, and for the performance of 
other authorized functions related to such resources by direct 
expenditure, contracts, grants, cooperative agreements and reimbursable 
agreements with public and private entities, $1,140,962,000, to remain 
available until September 30, 2010 except as otherwise provided herein: 
Provided, That $2,500,000 is for high priority projects, which shall be 
carried out by the Youth Conservation Corps: Provided further, That not 
to exceed $19,266,000 shall be used for implementing subsections (a), 
(b), (c), and (e) of section 4 of the Endangered Species Act, as 
amended, for species that are indigenous to the United States (except 
for processing petitions, developing and issuing proposed and final 
regulations, and taking any other steps to implement actions described 
in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which not 
to exceed $10,458,000 shall be used for any activity regarding the 
designation of critical habitat, pursuant to subsection (a)(3), 
excluding litigation support, for species listed pursuant to subsection

[[Page 123 STAT. 705]]

(a)(1) prior to October 1, 2008: Provided further, That of the amount 
available for law enforcement, up to $400,000, to remain available until 
expended, may at the discretion of the Secretary be used for payment for 
information, rewards, or evidence concerning violations of laws 
administered by the Service, and miscellaneous and emergency expenses of 
enforcement activity, authorized or approved by the Secretary and to be 
accounted for solely on the Secretary's certificate: Provided further, 
That of the amount provided for environmental contaminants, up to 
$1,000,000 may remain available until expended for contaminant sample 
analyses.


                              CONSTRUCTION


                     (including rescission of funds)


    For construction, improvement, acquisition, or removal of buildings 
and other facilities required in the conservation, management, 
investigation, protection, and utilization of fishery and wildlife 
resources, and the acquisition of lands and interests therein; 
$35,587,000, to remain available until expended: Provided, That of the 
unobligated balances made available in Public Law 101-512 to carry out 
the Anadromous Fish Conservation Act, all remaining amounts are 
permanently rescinded.

                            land acquisition

    For expenses necessary to carry out the Land and Water Conservation 
Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including 
administrative expenses, and for acquisition of land or waters, or 
interest therein, in accordance with statutory authority applicable to 
the United States Fish and Wildlife Service, $42,455,000, to be derived 
from the Land and Water Conservation Fund and to remain available until 
expended, of which, notwithstanding 16 U.S.C. 460l-9, not more than 
$1,500,000 shall be for land conservation partnerships authorized by the 
Highlands Conservation Act of 2004: Provided, That none of the funds 
appropriated for specific land acquisition projects can be used to pay 
for any administrative overhead, planning or other management costs.


            cooperative endangered species conservation fund


                     (including rescission of funds)


    For expenses necessary to carry out section 6 of the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.), as amended, $80,001,000, 
to remain available until expended, of which $25,307,000 is to be 
derived from the Cooperative Endangered Species Conservation Fund, of 
which $5,145,706 shall be for the Idaho Salmon and Clearwater River 
Basins Habitat Account pursuant to the Snake River Water Rights Act of 
2004; and of which $54,694,000 is to be derived from the Land and Water 
Conservation Fund: Provided, That of the unobligated balances available 
under this heading, $4,500,000 are permanently rescinded.

                      national wildlife refuge fund

    For expenses necessary to implement the Act of October 17, 1978 (16 
U.S.C. 715s), $14,100,000.

[[Page 123 STAT. 706]]

                North American Wetlands Conservation Fund


    For expenses necessary to carry out the provisions of the North 
American Wetlands Conservation Act, as amended (16 U.S.C. 4401-4414), 
$42,647,000, to remain available until expended.


                 Neotropical Migratory Bird Conservation


    For expenses necessary to carry out the Neotropical Migratory Bird 
Conservation Act, as amended, (16 U.S.C. 6101 et seq.), $4,750,000, to 
remain available until expended.


                 Multinational Species Conservation Fund


    For expenses necessary to carry out the African Elephant 
Conservation Act (16 U.S.C. 4201-4203, 4211-4214, 4221-4225, 4241-4246, 
and 1538), the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4261-
4266), the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 
5301-5306), the Great Ape Conservation Act of 2000 (16 U.S.C. 6301-
6305), and the Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601-
6606), $10,000,000, to remain available until expended.

                    state and tribal wildlife grants

    For wildlife conservation grants to States and to the District of 
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the 
Northern Mariana Islands, American Samoa, and federally-recognized 
Indian tribes under the provisions of the Fish and Wildlife Act of 1956 
and the Fish and Wildlife Coordination Act, for the development and 
implementation of programs for the benefit of wildlife and their 
habitat, including species that are not hunted or fished, $75,000,000, 
to remain available until expended: Provided, That of the amount 
provided herein, $7,000,000 is for a competitive grant program for 
Indian tribes not subject to the remaining provisions of this 
appropriation: Provided further, That $5,000,000 is for a competitive 
grant program for States, territories, and other jurisdictions with 
approved plans, not subject to the remaining provisions of this 
appropriation: Provided further, That the Secretary shall, after 
deducting $11,106,000 and administrative expenses, apportion the amount 
provided herein in the following manner: (1) to the District of Columbia 
and to the Commonwealth of Puerto Rico, each a sum equal to not more 
than one-half of 1 percent thereof; and (2) to Guam, American Samoa, the 
United States Virgin Islands, and the Commonwealth of the Northern 
Mariana Islands, each a sum equal to not more than one-fourth of 1 
percent thereof: Provided further, That the Secretary shall apportion 
the remaining amount in the following manner: (1) one-third of which is 
based on the ratio to which the land area of such State bears to the 
total land area of all such States; and (2) two-thirds of which is based 
on the ratio to which the population of such State bears to the total 
population of all such States: Provided further, That the amounts 
apportioned under this paragraph shall be adjusted equitably so that no 
State shall be apportioned a sum which is less than 1 percent of the 
amount available for apportionment under this paragraph for any fiscal 
year or more than 5 percent of such amount: Provided further, That the 
Federal share of planning grants shall not exceed 75 percent of

[[Page 123 STAT. 707]]

the total costs of such projects and the Federal share of implementation 
grants shall not exceed 50 percent of the total costs of such projects: 
Provided further, That the non-Federal share of such projects may not be 
derived from Federal grant programs: Provided further, That no State, 
territory, or other jurisdiction shall receive a grant if its 
comprehensive wildlife conservation plan is disapproved and such funds 
that would have been distributed to such State, territory, or other 
jurisdiction shall be distributed equitably to States, territories, and 
other jurisdictions with approved plans: Provided further, That any 
amount apportioned in 2009 to any State, territory, or other 
jurisdiction that remains unobligated as of September 30, 2010, shall be 
reapportioned, together with funds appropriated in 2011, in the manner 
provided herein.


               WILDLIFE CONSERVATION AND APPRECIATION FUND


                              (rescission)


    Of the unobligated balances available under this heading from prior 
year appropriations, all remaining amounts are permanently rescinded.


                        administrative provisions


    Appropriations and funds available to the United States Fish and 
Wildlife Service shall be available for repair of damage to public roads 
within and adjacent to reservation areas caused by operations of the 
Service; options for the purchase of land at not to exceed $1 for each 
option; facilities incident to such public recreational uses on 
conservation areas as are consistent with their primary purpose; and the 
maintenance and improvement of aquaria, buildings, and other facilities 
under the jurisdiction of the Service and to which the United States has 
title, and which are used pursuant to law in connection with management, 
and investigation of fish and wildlife resources: Provided, That 
notwithstanding 44 U.S.C. 501, the Service may, under cooperative cost 
sharing and partnership arrangements authorized by law, procure printing 
services from cooperators in connection with jointly produced 
publications for which the cooperators share at least one-half the cost 
of printing either in cash or services and the Service determines the 
cooperator is capable of meeting accepted quality standards: Provided 
further, That, notwithstanding any other provision of law, the Service 
may use up to $2,000,000 from funds provided for contracts for 
employment-related legal services: Provided further, That the Service 
may accept donated aircraft as replacements for existing aircraft.

                          National Park Service


                  Operation of the National Park System


    For expenses necessary for the management, operation, and 
maintenance of areas and facilities administered by the National Park 
Service (including expenses to carry out programs of the United States 
Park Police), and for the general administration of the National Park 
Service, $2,131,529,000, of which $9,851,000 for planning and 
interagency coordination in support of Everglades restoration and 
$99,586,000 for maintenance, repair or rehabilitation projects for 
constructed assets, operation of the National Park

[[Page 123 STAT. 708]]

Service automated facility management software system, and comprehensive 
facility condition assessments shall remain available until September 
30, 2010.


                  national recreation and preservation


    For expenses necessary to carry out recreation programs, natural 
programs, cultural programs, heritage partnership programs, 
environmental compliance and review, international park affairs, 
statutory or contractual aid for other activities, and grant 
administration, not otherwise provided for, $59,684,000.

                       historic preservation fund


              (including transfers and rescission of funds)


    For expenses necessary in carrying out the Historic Preservation Act 
of 1966, as amended (16 U.S.C. 470), and the Omnibus Parks and Public 
Lands Management Act of 1996 (Public Law 104-333), $69,500,000, to be 
derived from the Historic Preservation Fund and to remain available 
until September 30, 2010; of which $20,000,000 shall be for Save 
America's Treasures for preservation of nationally significant sites, 
structures, and artifacts: Provided, That any individual Save America's 
Treasures grant shall be matched by non-Federal funds; individual 
projects shall only be eligible for one grant; and all projects to be 
funded shall be approved by the Secretary of the Interior in 
consultation with the House and Senate Committees on Appropriations: 
Provided further, That Save America's Treasures funds allocated for 
Federal projects, following approval, shall be available by transfer to 
appropriate accounts of individual agencies: Provided further, That of 
the unobligated balances in this account, $516,000 are permanently 
rescinded.


                              Construction


                     (including rescission of funds)


    For construction, improvements, repair or replacement of physical 
facilities, including a portion of the expense for the modifications 
authorized by section 104 of the Everglades National Park Protection and 
Expansion Act of 1989, $233,158,000, to remain available until expended: 
Provided, That funds appropriated in this Act, or in any prior Act of 
Congress, for the implementation of the Modified Water Deliveries to 
Everglades National Park Project, shall be made available to the Army 
Corps of Engineers which shall, notwithstanding any other provision of 
law, immediately and without further delay construct or cause to be 
constructed Alternative 3.2.2.a to U.S. Highway 41 (the Tamiami Trail) 
consistent with the Limited Reevaluation Report with Integrated 
Environmental Assessment and addendum, approved August 2008: Provided 
further, That <<NOTE: Study. Bridges.>>  the Secretary of the Interior, 
acting through the National Park Service, is directed to immediately 
evaluate the feasibility of additional bridge length, beyond that to be 
constructed pursuant to the Modified Water Deliveries to Everglades 
National Park Project (16 U.S.C. Sec. 410r-8), including a continuous 
bridge, or additional bridges or some combination thereof, for the 
Tamiami Trail (U.S. Highway 41) to restore more natural water flow to 
Everglades National Park and Florida Bay and for the purpose of 
restoring habitat within the Park and the ecological

[[Page 123 STAT. 709]]

connectivity between the Park and the Water Conservation Areas. 
The <<NOTE: Study. Recommen- dation. Deadline.>>  feasibility study and 
the recommendation of the Secretary shall be submitted to the Congress 
no later than 12 months from the date of enactment of this Act: Provided 
further, That for fiscal year 2009 and hereafter, fees paid by the 
National Park Service to the West Yellowstone/Hebgen Basin Solid Waste 
District will be restricted to operations and maintenance costs of the 
facility, given the capital contribution made by the National Park 
Service: Provided further, That, notwithstanding any other provision of 
law, a single procurement for the construction project at the Jefferson 
Memorial plaza and seawall in Washington, DC, may be issued which 
includes the full scope of the project: Provided further, That the 
solicitation and the contract shall contain the clause ``availability of 
funds'' found at 48 CFR 52.232.18: Provided further, That the National 
Park Service shall grant funds not to exceed $3,000,000 to the St. Louis 
Metropolitan Park and Recreation District for the purpose of planning 
and constructing a pedestrian bridge to provide safe visitor access to 
the Jefferson National Expansion Memorial Arch: Provided further, That 
the unobligated balances in the Federal Infrastructure Improvement Fund 
under this heading are permanently rescinded.


                    land and water conservation fund


                              (rescission)


    The contract <<NOTE: 16 USC 460l-10a note.>>  authority provided for 
fiscal year 2009 by 16 U.S.C. 460l-10a is rescinded.


                  land acquisition and state assistance


                     (including rescission of funds)


    For expenses necessary to carry out the Land and Water Conservation 
Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including 
administrative expenses, and for acquisition of lands or waters, or 
interest therein, in accordance with the statutory authority applicable 
to the National Park Service, $65,190,000, to be derived from the Land 
and Water Conservation Fund and to remain available until expended, of 
which $20,000,000 is for the State assistance program and of which 
$4,000,000 is available for grants, subject to a match by at least an 
equal amount, to States, regional entities, local communities, and the 
private sector for cost-shared fee simple acquisition of land or 
permanent, protective interests in land, to preserve, conserve, and 
enhance nationally significant Civil War Battlefields: Provided, That of 
the unobligated balances under this heading for State Assistance, 
$1,000,000 are permanently rescinded.


                     urban park and recreation fund


                              (rescission)


    Of the unobligated balances available under this heading, $1,300,000 
are rescinded.

[[Page 123 STAT. 710]]

                        administrative provisions

    In addition to other uses set forth in section 407(d) of Public Law 
105-391, franchise fees credited to a sub-account shall be available for 
expenditure by the Secretary, without further appropriation, for use at 
any unit within the National Park System to extinguish or reduce 
liability for Possessory Interest or leasehold surrender interest. Such 
funds may only be used for this purpose to the extent that the 
benefiting unit anticipated franchise fee receipts over the term of the 
contract at that unit exceed the amount of funds used to extinguish or 
reduce liability. Franchise fees at the benefiting unit shall be 
credited to the sub-account of the originating unit over a period not to 
exceed the term of a single contract at the benefiting unit, in the 
amount of funds so expended to extinguish or reduce liability.
    For fiscal <<NOTE: 42 USC 4601 note.>>  year 2009 and hereafter, a 
willing seller from whom the Service acquires title to real property may 
be considered a ``displaced person'' for purposes of the Uniform 
Relocation Assistance and Real Property Acquisition Policy Act and its 
implementing regulations, whether or not the Service has the authority 
to acquire such property by eminent domain.

    For the costs of administration of the Land and Water Conservation 
Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico 
Energy Security Act of 2006 (Public Law 109-432), the National Park 
Service may retain up to 3 percent of the amounts which are authorized 
to be disbursed under such section, such retained amounts to remain 
available until expended.
    Section 3(f) of the Act of August 21, 1935 (16 U.S.C. 463(f)), 
related to the National Park System Advisory Board, is amended in the 
first sentence by striking ``2009'' and inserting ``2010''.

                     United States Geological Survey

                  surveys, investigations, and research

    For expenses necessary for the United States Geological Survey to 
perform surveys, investigations, and research covering topography, 
geology, hydrology, biology, and the mineral and water resources of the 
United States, its territories and possessions, and other areas as 
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their 
mineral and water resources; give engineering supervision to power 
permittees and Federal Energy Regulatory Commission licensees; 
administer the minerals exploration program (30 U.S.C. 641); conduct 
inquiries into the economic conditions affecting mining and materials 
processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and 
related purposes as authorized by law; and to publish and disseminate 
data relative to the foregoing activities; $1,043,803,000, to remain 
available until September 30, 2010, of which $64,078,000 shall be 
available only for cooperation with States or municipalities for water 
resources investigations; of which $40,150,000 shall remain available 
until expended for satellite operations; and of which $7,321,000 shall 
be available until expended for deferred maintenance and capital 
improvement projects that exceed $100,000 in cost: Provided, That none 
of the funds provided for the biological research activity shall be used 
to conduct new surveys on private property, unless specifically 
authorized in writing by the property owner: Provided further, That 
no <<NOTE: 43 USC 50.>>  part of this appropriation shall be used to pay 
more

[[Page 123 STAT. 711]]

than one-half the cost of topographic mapping or water resources data 
collection and investigations carried on in cooperation with States and 
municipalities.

                        administrative provisions

    From within the amount appropriated for activities of the United 
States Geological Survey such sums as are necessary shall be available 
for reimbursement to the General Services Administration for security 
guard services; contracting for the furnishing of topographic maps and 
for the making of geophysical or other specialized surveys when it is 
administratively determined that such procedures are in the public 
interest; construction and maintenance of necessary buildings and 
appurtenant facilities; acquisition of lands for gauging stations and 
observation wells; expenses of the United States National Committee on 
Geology; and payment of compensation and expenses of persons on the 
rolls of the Survey duly appointed to represent the United States in the 
negotiation and administration of interstate compacts: Provided, That 
activities funded by appropriations herein made may be accomplished 
through the use of contracts, grants, or cooperative agreements as 
defined in 31 U.S.C. 6302 et seq.: Provided further, That the United 
States Geological Survey may enter into contracts or cooperative 
agreements directly with individuals or indirectly with institutions or 
nonprofit organizations, without regard to 41 U.S.C. 5, for the 
temporary or intermittent services of students or recent graduates, who 
shall be considered employees for the purpose of chapters 57 and 81 of 
title 5, United States Code, relating to compensation for travel and 
work injuries, and chapter 171 of title 28, United States Code, relating 
to tort claims, but shall not be considered to be Federal employees for 
any other purposes.

                       Minerals Management Service


                royalty and offshore minerals management


    For expenses necessary for minerals leasing and environmental 
studies, regulation of industry operations, and collection of royalties, 
as authorized by law; for enforcing laws and regulations applicable to 
oil, gas, and other minerals leases, permits, licenses and operating 
contracts; for energy-related or other authorized marine-related 
purposes on the Outer Continental Shelf; and for matching grants or 
cooperative agreements, $157,373,000, to remain available until 
September 30, 2010, of which $86,684,000 shall be available for royalty 
management activities; and an amount not to exceed $146,730,000, to be 
credited to this appropriation and to remain available until expended, 
from additions to receipts resulting from increases to rates in effect 
on August 5, 1993, and from cost recovery fees: Provided, 
That <<NOTE: 30 USC 1759.>>  in fiscal year 2009 and each fiscal year 
thereafter, fees and charges authorized by 31 U.S.C. 9701 may be 
collected only to the extent provided in advance in appropriations Acts: 
Provided further, That notwithstanding 31 U.S.C. 3302, in fiscal year 
2009, such amounts as are assessed under 31 U.S.C. 9701 shall be 
collected and credited to this account and shall be available until 
expended for necessary expenses: Provided further, That to the extent 
$146,730,000 in addition to receipts are not realized from the sources 
of receipts stated above, the amount needed to reach $146,730,000 shall 
be credited to this appropriation

[[Page 123 STAT. 712]]

from receipts resulting from rental rates for Outer Continental Shelf 
leases in effect before August 5, 1993: <<NOTE: Definition.>>  Provided 
further, That the term ``qualified Outer Continental Shelf revenues'', 
as defined in section 102(9)(A) of the Gulf of Mexico Energy Security 
Act, division C of Public Law 109-432, shall include only the portion of 
rental revenues that would have been collected at the rental rates in 
effect before August 5, 1993: Provided further, That not to exceed 
$3,000 shall be available for reasonable expenses related to promoting 
volunteer beach and marine cleanup activities: Provided further, That 
notwithstanding any other provision of law, $15,000 under this heading 
shall be available for refunds of overpayments in connection with 
certain Indian leases in which the Director of MMS concurred with the 
claimed refund due, to pay amounts owed to Indian allottees or tribes, 
or to correct prior unrecoverable erroneous payments.


                           oil spill research


    For necessary expenses to carry out title I, section 1016, title IV, 
sections 4202 and 4303, title VII, and title VIII, section 8201 of the 
Oil Pollution Act of 1990, $6,303,000, which shall be derived from the 
Oil Spill Liability Trust Fund, to remain available until expended.


                        Administrative Provision


    Notwithstanding the provisions of section 35(b) of the Mineral 
Leasing Act, as amended (30 U.S.C. 191(b)), the Secretary shall deduct 2 
percent from the amount payable to each State in fiscal year 2009 and 
deposit the amount deducted to miscellaneous receipts of the Treasury.

          Office of Surface Mining Reclamation and Enforcement

                        regulation and technology

    For necessary expenses to carry out the provisions of the Surface 
Mining Control and Reclamation Act of 1977, Public Law 95-87, as 
amended, $120,156,000, to remain available until September 30, 2010: 
Provided, That, <<NOTE: 30 USC 1308a.>>  in fiscal year 2009 and 
thereafter, the Secretary of the Interior, pursuant to regulations, may 
use directly or through grants to States, moneys collected for civil 
penalties assessed under section 518 of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim lands adversely 
affected by coal mining practices after August 3, 1977, to remain 
available until expended: Provided further, That appropriations 
for <<NOTE: 30 USC 1211 note.>>  the Office of Surface Mining 
Reclamation and Enforcement may provide for the travel and per diem 
expenses of State and tribal personnel attending Office of Surface 
Mining Reclamation and Enforcement sponsored training.

                     abandoned mine reclamation fund


                     (including rescission of funds)


    For necessary expenses to carry out title IV of the Surface Mining 
Control and Reclamation Act of 1977, Public Law 95-87, as amended, 
$52,946,000, to be derived from receipts of the Abandoned Mine 
Reclamation Fund and to remain available until

[[Page 123 STAT. 713]]

expended: Provided, That pursuant to Public Law 97-365, the Department 
of the Interior is authorized to use up to 20 percent from the recovery 
of the delinquent debt owed to the United States Government to pay for 
contracts to collect these debts: Provided further, That in fiscal year 
2009 and hereafter, the State of Maryland may set aside the greater of 
$1,000,000 or 10 percent of the total of the grants made available to 
the State under title IV of the Act, if the amount set aside is 
deposited in an acid mine drainage abatement and treatment fund 
established under a State law, pursuant to which law the amount, 
together with all interest earned on the amount, is expended by the 
State to undertake acid mine drainage abatement and treatment projects, 
except that before any amounts greater than 10 percent of its title IV 
grants are deposited in an acid mine drainage abatement and treatment 
fund, the State of Maryland must first complete all Surface Mining 
Control and Reclamation Act priority one projects: Provided further, 
That of the unobligated balances available under this heading, 
$8,500,000 are permanently rescinded: Provided further, That amounts 
provided under this heading may be used for the travel and per diem 
expenses of State and tribal personnel attending Office of Surface 
Mining Reclamation and Enforcement sponsored training.

                        administrative provision

    With funds available for the Technical Innovation and Professional 
Services program in this Act, the Secretary may transfer title for 
computer hardware, software and other technical equipment to State and 
tribal regulatory and reclamation programs.

                        Bureau of Indian Affairs

                      operation of indian programs


                      (including transfer of funds)


    For expenses necessary for the operation of Indian programs, as 
authorized by law, including the Snyder Act of November 2, 1921 (25 
U.S.C. 13), the Indian Self-Determination and Education Assistance Act 
of 1975 (25 U.S.C. 450 et seq.), as amended, the Education Amendments of 
1978 (25 U.S.C. 2001-2019), and the Tribally Controlled Schools Act of 
1988 (25 U.S.C. 2501 et seq.), as amended, $2,128,630,000, to remain 
available until September 30, 2010 except as otherwise provided herein; 
of which not to exceed $8,500 may be for official reception and 
representation expenses; of which not to exceed $74,915,000 shall be for 
welfare assistance payments: Provided, That in cases of designated 
Federal disasters, the Secretary may exceed such cap, from the amounts 
provided herein, to provide for disaster relief to Indian communities 
affected by the disaster; notwithstanding any other provision of law, 
including but not limited to the Indian Self-Determination Act of 1975, 
as amended, not to exceed $147,294,000 shall be available for payments 
for contract support costs associated with ongoing contracts, grants, 
compacts, or annual funding agreements entered into with the Bureau 
prior to or during fiscal year 2009, as authorized by such Act, except 
that tribes and tribal organizations may use their tribal priority 
allocations for unmet contract support costs of ongoing contracts, 
grants, or compacts, or annual

[[Page 123 STAT. 714]]

funding agreements and for unmet welfare assistance costs; of which not 
to exceed $499,470,000 for school operations costs of Bureau-funded 
schools and other education programs shall become available on July 1, 
2009, and shall remain available until September 30, 2010; and of which 
not to exceed $58,623,000 shall remain available until expended for 
housing improvement, road maintenance, attorney fees, litigation 
support, the Indian Self-Determination Fund, land records improvement, 
and the Navajo-Hopi Settlement Program: Provided further, That 
notwithstanding any other provision of law, including but not limited to 
the Indian Self-Determination Act of 1975, as amended, and 25 U.S.C. 
2008, not to exceed $43,373,000 within and only from such amounts made 
available for school operations shall be available for administrative 
cost grants associated with ongoing grants entered into with the Bureau 
prior to or during fiscal year 2008 for the operation of Bureau-funded 
schools, and up to $500,000 within and only from such amounts made 
available for administrative cost grants shall be available for the 
transitional costs of initial administrative cost grants to grantees 
that assume operation on or after July 1, 2008, of Bureau-funded 
schools: Provided further, That any forestry funds allocated to a tribe 
which remain unobligated as of September 30, 2010, may be transferred 
during fiscal year 2011 to an Indian forest land assistance account 
established for the benefit of the holder of the funds within the 
holder's trust fund account: <<NOTE: Expiration date.>>  Provided 
further, That any such unobligated balances not so transferred shall 
expire on September 30, 2011.

                              construction


                      (including transfer of funds)


    For construction, repair, improvement, and maintenance of irrigation 
and power systems, buildings, utilities, and other facilities, including 
architectural and engineering services by contract; acquisition of 
lands, and interests in lands; and preparation of lands for farming, and 
for construction of the Navajo Indian Irrigation Project pursuant to 
Public Law 87-483, $217,688,000, to remain available until expended: 
Provided, That such amounts as may be available for the construction of 
the Navajo Indian Irrigation Project may be transferred to the Bureau of 
Reclamation: Provided further, That not to exceed 6 percent of contract 
authority available to the Bureau of Indian Affairs from the Federal 
Highway Trust Fund may be used to cover the road program management 
costs of the Bureau: Provided further, That any funds provided for the 
Safety of Dams program pursuant to 25 U.S.C. 13 shall be made available 
on a nonreimbursable basis: Provided further, That for fiscal year 2009, 
in implementing new construction or facilities improvement and repair 
project grants in excess of $100,000 that are provided to grant schools 
under Public Law 100-297, as amended, the Secretary of the Interior 
shall use the Administrative and Audit Requirements and Cost Principles 
for Assistance Programs contained in 43 CFR part 12 as the regulatory 
requirements: Provided further, That <<NOTE: Negotiation.>>  such grants 
shall not be subject to section 12.61 of 43 CFR; the Secretary and the 
grantee shall negotiate and determine a schedule of payments for the 
work to be performed: Provided further, That in considering grant 
applications, the Secretary shall consider whether such grantee would be 
deficient in assuring that the construction projects conform to 
applicable

[[Page 123 STAT. 715]]

building standards and codes and Federal, tribal, or State health and 
safety standards as required by 25 U.S.C. 2005(b), with respect to 
organizational and financial management capabilities: Provided further, 
That if the Secretary declines a grant application, the Secretary shall 
follow the requirements contained in 25 U.S.C. 2504(f): Provided 
further, That any disputes between the Secretary and any grantee 
concerning a grant shall be subject to the disputes provision in 25 
U.S.C. 2507(e): Provided further, That in order to ensure timely 
completion of construction projects, the Secretary may assume control of 
a project and all funds related to the project, if, within eighteen 
months of the date of enactment of this Act, any grantee receiving funds 
appropriated in this Act or in any prior Act, has not completed the 
planning and design phase of the project and commenced construction: 
Provided further, That this appropriation may be reimbursed from the 
Office of the Special Trustee for American Indians appropriation for the 
appropriate share of construction costs for space expansion needed in 
agency offices to meet trust reform implementation.


 indian land and water claim settlements and miscellaneous payments to 
                                 indians


    For payments and necessary administrative expenses for 
implementation of Indian land and water claim settlements pursuant to 
Public Laws 99-264, 100-580, 101-618, 108-447, 109-379, and 109-479, and 
for implementation of other land and water rights settlements, 
$21,627,000, to remain available until expended.

                 indian guaranteed loan program account

    For the cost of guaranteed loans, $8,186,000, of which $1,600,000 is 
for administrative expenses, as authorized by the Indian Financing Act 
of 1974, as amended: Provided, That of the amounts provided herein for 
administrative expenses, $500,000 is for the modernization of a 
management and accounting system: Provided further, That such costs, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974: Provided further, 
That these funds are available to subsidize total loan principal, any 
part of which is to be guaranteed, not to exceed $85,200,517.


                        Administrative Provisions


    The Bureau of Indian Affairs may carry out the operation of Indian 
programs by direct expenditure, contracts, cooperative agreements, 
compacts and grants, either directly or in cooperation with States and 
other organizations.
    Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs may 
contract for services in support of the management, operation, and 
maintenance of the Power Division of the San Carlos Irrigation Project.
    Appropriations for the Bureau of Indian Affairs (except the 
Revolving Fund for Loans Liquidating Account, Indian Loan Guaranty and 
Insurance Fund Liquidating Account, Indian Guaranteed Loan Financing 
Account, Indian Direct Loan Financing Account, and the Indian Guaranteed 
Loan Program account) shall be available for expenses of exhibits.

[[Page 123 STAT. 716]]

    Notwithstanding any other provision of law, no funds available to 
the Bureau of Indian Affairs for central office oversight and Executive 
Direction and Administrative Services (except executive direction and 
administrative services funding for Tribal Priority Allocations, 
regional offices, and facilities operations and maintenance) shall be 
available for contracts, grants, compacts, or cooperative agreements 
with the Bureau of Indian Affairs under the provisions of the Indian 
Self-Determination Act or the Tribal Self-Governance Act of 1994 (Public 
Law 103-413).
    In the event any tribe returns appropriations made available by this 
Act to the Bureau of Indian Affairs, this action shall not diminish the 
Federal Government's trust responsibility to that tribe, or the 
government-to-government relationship between the United States and that 
tribe, or that tribe's ability to access future appropriations.
    Notwithstanding any other provision of law, no funds available to 
the Bureau, other than the amounts provided herein for assistance to 
public schools under 25 U.S.C. 452 et seq., shall be available to 
support the operation of any elementary or secondary school in the State 
of Alaska.
    Appropriations made available in this or any other Act for schools 
funded by the Bureau shall be available only to the schools in the 
Bureau school system as of September 1, 1996. No funds available to the 
Bureau shall be used to support expanded grades for any school or 
dormitory beyond the grade structure in place or approved by the 
Secretary of the Interior at each school in the Bureau school system as 
of October 1, 1995. <<NOTE: Charter schools.>>  Funds made available 
under this Act may not be used to establish a charter school at a 
Bureau-funded school (as that term is defined in section 1146 of the 
Education Amendments of 1978 (25 U.S.C. 2026)), except that a charter 
school that is in existence on the date of the enactment of this Act and 
that has operated at a Bureau-funded school before September 1, 1999, 
may continue to operate during that period, but only if the charter 
school pays to the Bureau a pro rata share of funds to reimburse the 
Bureau for the use of the real and personal property (including buses 
and vans), the funds of the charter school are kept separate and apart 
from Bureau funds, and the Bureau does not assume any obligation for 
charter school programs of the State in which the school is located if 
the charter school loses such funding. Employees of Bureau-funded 
schools sharing a campus with a charter school and performing functions 
related to the charter schools operation and employees of a charter 
school shall not be treated as Federal employees for purposes of chapter 
171 of title 28, United States Code.

    Notwithstanding any other provision of law, including section 113 of 
title I of appendix C of Public Law 106-113, if in fiscal year 2003 or 
2004 a grantee received indirect and administrative costs pursuant to a 
distribution formula based on section 5(f) of Public Law 101-301, the 
Secretary shall continue to distribute indirect and administrative cost 
funds to such grantee using the section 5(f) distribution formula.

[[Page 123 STAT. 717]]

                          Departmental Offices

                         Office of the Secretary


                          salaries and expenses


    For necessary expenses for management of the Department of the 
Interior, $107,264,000; of which not to exceed $15,000 may be for 
official reception and representation expenses; and of which up to 
$1,000,000 shall be available for workers compensation payments and 
unemployment compensation payments associated with the orderly closure 
of the United States Bureau of Mines: Provided, That, for fiscal year 
2009 up to $400,000 of the payments authorized by the Act of October 20, 
1976, as amended (31 U.S.C. 6901-6907) may be retained for 
administrative expenses of the Payments in Lieu of Taxes Program: 
Provided further, That no payment shall be made pursuant to that Act to 
otherwise eligible units of local government if the computed amount of 
the payment is less than $100.

            Management of Federal Lands for Subsistence Uses


                              (rescission)


    The unobligated balances under this heading as of the date of 
enactment of this provision are permanently rescinded.

                             Insular Affairs


                        Assistance to Territories


    For expenses necessary for assistance to territories under the 
jurisdiction of the Department of the Interior, $78,665,000, of which: 
(1) $69,815,000 shall remain available until expended for technical 
assistance, including maintenance assistance, disaster assistance, 
insular management controls, coral reef initiative activities, and brown 
tree snake control and research; grants to the judiciary in American 
Samoa for compensation and expenses, as authorized by law (48 U.S.C. 
1661(c)); grants to the Government of American Samoa, in addition to 
current local revenues, for construction and support of governmental 
functions; grants to the Government of the Virgin Islands as authorized 
by law; grants to the Government of Guam, as authorized by law; and 
grants to the Government of the Northern Mariana Islands as authorized 
by law (Public Law 94-241; 90 Stat. 272); and (2) $8,850,000 shall be 
available until September 30, 2010 for salaries and expenses of the 
Office of Insular Affairs: Provided, That <<NOTE: 48 USC 1469b.>>  all 
financial transactions of the territorial and local governments herein 
provided for, including such transactions of all agencies or 
instrumentalities established or used by such governments, may be 
audited by the Government Accountability Office, at its discretion, in 
accordance with chapter 35 of title 31, United States Code: Provided 
further, That Northern Mariana Islands Covenant grant funding shall be 
provided according to those terms of the Agreement of the Special 
Representatives on Future United States Financial Assistance for the 
Northern Mariana Islands approved by Public Law 104-134: <<NOTE: Pacific 
Basin Development Council.>>  Provided further, That of the amounts 
provided for technical assistance, sufficient funds shall be made 
available for a grant to the Pacific Basin Development 
Council: <<NOTE: Close Up Foundation.>>  Provided further, That of the 
amounts

[[Page 123 STAT. 718]]

provided for technical assistance, sufficient funding shall be made 
available for a grant to the Close Up Foundation: Provided further, That 
the funds for the program of operations and maintenance improvement are 
appropriated to institutionalize routine operations and maintenance 
improvement of capital infrastructure with territorial participation and 
cost sharing to be determined by the Secretary based on the grantee's 
commitment to timely maintenance of its capital assets: Provided 
further, That any appropriation for disaster assistance under this 
heading in this Act or previous appropriations Acts may be used as non-
Federal matching funds for the purpose of hazard mitigation grants 
provided pursuant to section 404 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5170c).


                       compact of free association


    For grants and necessary expenses, $5,318,000, to remain available 
until expended, as provided for in sections 221(a)(2), 221(b), and 233 
of the Compact of Free Association for the Republic of Palau; and 
section 221(a)(2) of the Compacts of Free Association for the Government 
of the Republic of the Marshall Islands and the Federated States of 
Micronesia, as authorized by Public Law 99-658 and Public Law 108-188.

                         Office of the Solicitor

                          salaries and expenses

    For necessary expenses of the Office of the Solicitor, $62,050,000.

                       Office of Inspector General


                          salaries and expenses


    For necessary expenses of the Office of Inspector General, 
$45,953,000.

           Office of the Special Trustee for American Indians


                         federal trust programs


                      (including transfer of funds)


    For the operation of trust programs for Indians by direct 
expenditure, contracts, cooperative agreements, compacts, and grants, 
$181,648,000, to remain available until expended, of which not to exceed 
$56,445,000 from this or any other Act, shall be available for 
historical accounting: Provided, That funds for trust management 
improvements and litigation support may, as needed, be transferred to or 
merged with the Bureau of Indian Affairs, ``Operation of Indian 
Programs'' account; the Office of the Solicitor, ``Salaries and 
Expenses'' account; and the Office of the Secretary, ``Salaries and 
Expenses'' account: Provided further, That funds made available through 
contracts or grants obligated during fiscal year 2009, as authorized by 
the Indian Self-Determination Act of 1975 (25 U.S.C. 450 et seq.), shall 
remain available until expended by the contractor or grantee: Provided 
further, That, notwithstanding any other provision of law, the statute 
of limitations shall not

[[Page 123 STAT. 719]]

commence to run on any claim, including any claim in litigation pending 
on the date of the enactment of this Act, concerning losses to or 
mismanagement of trust funds, until the affected tribe or individual 
Indian has been furnished with an accounting of such funds from which 
the beneficiary can determine whether there has been a loss: Provided 
further, That, notwithstanding any other provision of law, the Secretary 
shall not be required to provide a quarterly statement of performance 
for any Indian trust account that has not had activity for at least 18 
months and has a balance of $15.00 or less: <<NOTE: Deadline. Account 
statement. Records.>>  Provided further, That the Secretary shall issue 
an annual account statement and maintain a record of any such accounts 
and shall permit the balance in each such account to be withdrawn upon 
the express written request of the account holder: Provided further, 
That not to exceed $50,000 is available for the Secretary to make 
payments to correct administrative errors of either disbursements from 
or deposits to Individual Indian Money or Tribal accounts after 
September 30, 2002: Provided further, That erroneous payments that are 
recovered shall be credited to and remain available in this account for 
this purpose: Provided further, That not to exceed $6,000,000 may be 
transferred from unobligated balances (Treasury Accounts 14X6039, 
14X6803 and 14X8030) for the purpose of one-time accounting 
reconciliations of the balances, as sanctioned by the Chief Financial 
Officers Act of 1990, American Indian Trust Fund Management Reform Act 
of 1994 and the Federal Managers' Financial Integrity Act (FMFIA).

                        Department-wide Programs


                        wildland fire management


                     (including transfers of funds)


    For necessary expenses for fire preparedness, suppression 
operations, fire science and research, emergency rehabilitation, 
hazardous fuels reduction, and rural fire assistance by the Department 
of the Interior, $859,453,000, to remain available until expended, of 
which not to exceed $6,137,000 shall be for the renovation or 
construction of fire facilities: Provided, That such funds are also 
available for repayment of advances to other appropriation accounts from 
which funds were previously transferred for such purposes: Provided 
further, That persons hired pursuant to 43 U.S.C. 1469 may be furnished 
subsistence and lodging without cost from funds available from this 
appropriation: Provided further, That notwithstanding 42 U.S.C. 1856d, 
sums received by a bureau or office of the Department of the Interior 
for fire protection rendered pursuant to 42 U.S.C. 1856 et seq., 
protection of United States property, may be credited to the 
appropriation from which funds were expended to provide that protection, 
and are available without fiscal year limitation: Provided further, That 
using the amounts designated under this title of this Act, the Secretary 
of the Interior may enter into procurement contracts, grants, or 
cooperative agreements, for hazardous fuels reduction activities, and 
for training and monitoring associated with such hazardous fuels 
reduction activities, on Federal land, or on adjacent non-Federal land 
for activities that benefit resources on Federal land: Provided further, 
That the costs of implementing any cooperative agreement between the 
Federal Government and any non-Federal entity may be shared, as mutually 
agreed on by the affected parties: Provided further,

[[Page 123 STAT. 720]]

That notwithstanding requirements of the Competition in Contracting Act, 
the Secretary, for purposes of hazardous fuels reduction activities, may 
obtain maximum practicable competition among: (1) local private, 
nonprofit, or cooperative entities; (2) Youth Conservation Corps crews, 
Public Lands Corps (Public Law 109-154), or related partnerships with 
State, local, or non-profit youth groups; (3) small or micro-businesses; 
or (4) other entities that will hire or train locally a significant 
percentage, defined as 50 percent or more, of the project workforce to 
complete such contracts: <<NOTE: Guidance.>>  Provided further, That in 
implementing this section, the Secretary shall develop written guidance 
to field units to ensure accountability and consistent application of 
the authorities provided herein: Provided further, That funds 
appropriated under this head may be used to reimburse the United States 
Fish and Wildlife Service and the National Marine Fisheries Service for 
the costs of carrying out their responsibilities under the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and conference, 
as required by section 7 of such Act, in connection with wildland fire 
management activities: Provided further, That the Secretary of the 
Interior may use wildland fire appropriations to enter into non-
competitive sole source leases of real property with local governments, 
at or below fair market value, to construct capitalized improvements for 
fire facilities on such leased properties, including but not limited to 
fire guard stations, retardant stations, and other initial attack and 
fire support facilities, and to make advance payments for any such lease 
or for construction activity associated with the lease: Provided 
further, That the Secretary of the Interior and the Secretary of 
Agriculture may authorize the transfer of funds appropriated for 
wildland fire management, in an aggregate amount not to exceed 
$10,000,000, between the Departments when such transfers would 
facilitate and expedite jointly funded wildland fire management programs 
and projects: Provided further, That funds provided for wildfire 
suppression shall be available for support of Federal emergency response 
actions.

                    central hazardous materials fund

    For necessary expenses of the Department of the Interior and any of 
its component offices and bureaus for the remedial action, including 
associated activities, of hazardous waste substances, pollutants, or 
contaminants pursuant to the Comprehensive Environmental Response, 
Compensation, and Liability Act, as amended (42 U.S.C. 9601 et seq.), 
$10,148,000, to remain available until expended.


           Natural Resource Damage Assessment and Restoration


                 natural resource damage assessment fund


    To conduct natural resource damage assessment and restoration 
activities by the Department of the Interior necessary to carry out the 
provisions of the Comprehensive Environmental Response, Compensation, 
and Liability Act, as amended (42 U.S.C. 9601 et seq.), the Federal 
Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.), the 
Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and Public Law 101-
337, as amended (16 U.S.C. 19jj et seq.), $6,338,000, to remain 
available until expended.

[[Page 123 STAT. 721]]

                          working capital fund


    For the acquisition of a departmental financial and business 
management system, $73,435,000, to remain available until expended: 
Provided, That none of the funds in this Act or previous appropriations 
Acts may be used to establish reserves in the Working Capital Fund 
account other than for accrued annual leave and depreciation of 
equipment without prior approval of the House and Senate Committees on 
Appropriations.

                        administrative provisions

    There is hereby authorized for acquisition from available resources 
within the Working Capital Fund, 15 aircraft, 10 of which shall be for 
replacement and which may be obtained by donation, purchase or through 
available excess surplus property: Provided, That existing aircraft 
being replaced may be sold, with proceeds derived or trade-in value used 
to offset the purchase price for the replacement aircraft.

             General Provisions, Department of the Interior


                     (including transfers of funds)


    Sec. 101. Appropriations made in this title shall be available for 
expenditure or transfer (within each bureau or office), with the 
approval of the Secretary, for the emergency reconstruction, 
replacement, or repair of aircraft, buildings, utilities, or other 
facilities or equipment damaged or destroyed by fire, flood, storm, or 
other unavoidable causes: Provided, That no funds shall be made 
available under this authority until funds specifically made available 
to the Department of the Interior for emergencies shall have been 
exhausted: Provided further, That all funds used pursuant to this 
section must be replenished by a supplemental appropriation which must 
be requested as promptly as possible.
    Sec. 102. The Secretary may authorize the expenditure or transfer of 
any no year appropriation in this title, in addition to the amounts 
included in the budget programs of the several agencies, for the 
suppression or emergency prevention of wildland fires on or threatening 
lands under the jurisdiction of the Department of the Interior; for the 
emergency rehabilitation of burned-over lands under its jurisdiction; 
for emergency actions related to potential or actual earthquakes, 
floods, volcanoes, storms, or other unavoidable causes; for contingency 
planning subsequent to actual oil spills; for response and natural 
resource damage assessment activities related to actual oil spills; for 
the prevention, suppression, and control of actual or potential 
grasshopper and Mormon cricket outbreaks on lands under the jurisdiction 
of the Secretary, pursuant to the authority in section 1773(b) of Public 
Law 99-198 (99 Stat. 1658); for emergency reclamation projects under 
section 410 of Public Law 95-87; and shall transfer, from any no year 
funds available to the Office of Surface Mining Reclamation and 
Enforcement, such funds as may be necessary to permit assumption of 
regulatory authority in the event a primacy State is not carrying out 
the regulatory provisions of the Surface Mining Act: Provided, That 
appropriations made in this title for wildland fire operations shall be 
available for the payment of obligations incurred during the preceding 
fiscal year, and for reimbursement

[[Page 123 STAT. 722]]

to other Federal agencies for destruction of vehicles, aircraft, or 
other equipment in connection with their use for wildland fire 
operations, such reimbursement to be credited to appropriations 
currently available at the time of receipt 
thereof: <<NOTE: Determination.>>  Provided further, That for wildland 
fire operations, no funds shall be made available under this authority 
until the Secretary determines that funds appropriated for ``wildland 
fire operations'' shall be exhausted within 30 days: Provided further, 
That all funds used pursuant to this section must be replenished by a 
supplemental appropriation which must be requested as promptly as 
possible: Provided further, That such replenishment funds shall be used 
to reimburse, on a pro rata basis, accounts from which emergency funds 
were transferred.

    Sec. 103. Appropriations made to the Department of the Interior in 
this title shall be available for services as authorized by 5 U.S.C. 
3109, when authorized by the Secretary, in total amount not to exceed 
$500,000; purchase and replacement of motor vehicles, including 
specially equipped law enforcement vehicles; hire, maintenance, and 
operation of aircraft; hire of passenger motor vehicles; purchase of 
reprints; payment for telephone service in private residences in the 
field, when authorized under regulations approved by the Secretary; and 
the payment of dues, when authorized by the Secretary, for library 
membership in societies or associations which issue publications to 
members only or at a price to members lower than to subscribers who are 
not members.
    Sec. 104. Appropriations made in this Act under the headings Bureau 
of Indian Affairs and Office of the Special Trustee for American Indians 
and any unobligated balances from prior appropriations Acts made under 
the same headings shall be available for expenditure or transfer for 
Indian trust management and reform activities. Total funding for 
historical accounting activities shall not exceed amounts specifically 
designated in this Act for such purpose.
    Sec. 105. Notwithstanding any other provision of law, the Secretary 
of the Interior is authorized to redistribute any Tribal Priority 
Allocation funds, including tribal base funds, to alleviate tribal 
funding inequities by transferring funds to address identified, unmet 
needs, dual enrollment, overlapping service areas or inaccurate 
distribution methodologies. No tribe shall receive a reduction in Tribal 
Priority Allocation funds of more than 10 percent in fiscal year 2009. 
Under circumstances of dual enrollment, overlapping service areas or 
inaccurate distribution methodologies, the 10 percent limitation does 
not apply.
    Sec. 106. Notwithstanding any other provision of law, in conveying 
the Twin Cities Research Center under the authority provided by Public 
Law 104-134, as amended by Public Law 104-208, the Secretary may accept 
and retain land and other forms of reimbursement: Provided, That the 
Secretary may retain and use any such reimbursement until expended and 
without further appropriation: (1) for the benefit of the National 
Wildlife Refuge System within the State of Minnesota; and (2) for all 
activities authorized by 16 U.S.C. 460zz.
    Sec. 107. The Secretary of the Interior may use discretionary funds 
to pay private attorney fees and costs for employees and former 
employees of the Department of the Interior reasonably incurred in 
connection with Cobell v. Kempthorne to the extent that such fees and 
costs are not paid by the Department of Justice

[[Page 123 STAT. 723]]

or by private insurance. In no case shall the Secretary make payments 
under this section that would result in payment of hourly fees in excess 
of the highest hourly rate approved by the District Court for the 
District of Columbia for counsel in Cobell v. Kempthorne.
    Sec. 108. <<NOTE: Salmon.>>  The United States Fish and Wildlife 
Service shall, in carrying out its responsibilities to protect 
threatened and endangered species of salmon, implement a system of mass 
marking of salmonid stocks, intended for harvest, that are released from 
federally operated or federally financed hatcheries including but not 
limited to fish releases of coho, chinook, and steelhead species. Marked 
fish must have a visible mark that can be readily identified by 
commercial and recreational fishers.

    Sec. 109. No funds appropriated for the Department of the Interior 
by this Act or any other Act shall be used to study or implement any 
plan to drain Lake Powell or to reduce the water level of the lake below 
the range of water levels required for the operation of the Glen Canyon 
Dam.
    Sec. 110. <<NOTE: New York. New Jersey. Contracts.>>  
Notwithstanding any other provision of law, the Secretary of the 
Interior is authorized to acquire lands, waters, or interests therein 
including the use of all or part of any pier, dock, or landing within 
the State of New York and the State of New Jersey, for the purpose of 
operating and maintaining facilities in the support of transportation 
and accommodation of visitors to Ellis, Governors, and Liberty Islands, 
and of other program and administrative activities, by donation or with 
appropriated funds, including franchise fees (and other monetary 
consideration), or by exchange; and the Secretary is authorized to 
negotiate and enter into leases, subleases, concession contracts or 
other agreements for the use of such facilities on such terms and 
conditions as the Secretary may determine reasonable.

    Sec. 111. Title 43 U.S.C. 1473, as amended by Public Law 110-161, is 
further amended by deleting the phrase ``in fiscal year 2008 only'' and 
inserting in lieu thereof ``in fiscal years 2008 and 2009 only''.
    Sec. 112. No funds appropriated or otherwise made available to the 
Department of the Interior may be used, in relation to any proposal to 
store water for the purpose of export, for approval of any right-of-way 
or similar authorization on the Mojave National Preserve or lands 
managed by the Needles Field Office of the Bureau of Land Management, or 
for carrying out any activities associated with such right-of-way or 
similar approval.
    Sec. 113. The Secretary of the Interior may enter into cooperative 
agreements with a State or political subdivision (including any agency 
thereof), or any not-for-profit organization if the agreement will: (1) 
serve a mutual interest of the parties to the agreement in carrying out 
the programs administered by the Department of the Interior; and (2) all 
parties will contribute resources to the accomplishment of these 
objectives. At the discretion of the Secretary, such agreements shall 
not be subject to a competitive process.
    Sec. 114. Funds provided in this Act for Federal land acquisition by 
the National Park Service for Shenandoah Valley Battlefields National 
Historic District and Ice Age National Scenic Trail may be used for a 
grant to a State, a local government, or any other land management 
entity for the acquisition of lands without regard to any restriction on 
the use of Federal land acquisition

[[Page 123 STAT. 724]]

funds provided through the Land and Water Conservation Fund Act of 1965 
as amended.
    Sec. 115. <<NOTE: Applicability.>>  Sections 109 and 110 of the 
Federal Oil and Gas Royalty Management Act (30 U.S.C. 1719 and 1720) 
shall apply to any lease authorizing exploration for or development of 
coal, any other solid mineral, or any geothermal resource on any Federal 
or Indian lands and any lease, easement, right of way, or other 
agreement, regardless of form, for use of the Outer Continental Shelf or 
any of its resources under sections 8(k) or 8(p) of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1337(k) and 1337(p)) to the same 
extent as if such lease, easement, right of way, or other agreement, 
regardless of form, were an oil and gas lease, except that in such cases 
the term ``royalty payment'' shall include any payment required by such 
lease, easement, right of way or other agreement, regardless of form, or 
by applicable regulation.

    Sec. 116. <<NOTE: Federal buildings and grounds. 16 USC 760-4 
note.>>  The Pittsford National Fish Hatchery in Chittenden, Vermont is 
hereby renamed the Dwight D. Eisenhower National Fish Hatchery.

    Sec. 117. Section 6 of the Great Sand Dunes National Park and 
Preserve Act of 2000 (16 U.S.C. 410hhh-4) is amended--
            (1) in subsection (a)--
                    (A) by striking ``(a) Establishment.--(1) When'' and 
                inserting the following:

    ``(a) Establishment and Purpose.--
            ``(1) Establishment.--
                    ``(A) In general.--When'';
                    (B) in paragraph (2), by striking ``(2) Such 
                establishment'' and inserting the following:
                    ``(B) Effective date.--The establishment of the 
                refuge under subparagraph (A)''; and
                    (C) by adding at the end the following:
            ``(2) Purpose.--The purpose of the Baca National Wildlife 
        Refuge shall be to restore, enhance, and maintain wetland, 
        upland, riparian, and other habitats for native wildlife, plant, 
        and fish species in the San Luis Valley.'';
            (2) in subsection (c)--
                    (A) by striking ``The Secretary'' and inserting the 
                following:
            ``(1) In general.--The Secretary''; and
                    (B) by adding at the end the following:
            ``(2) Requirements.--In administering the Baca National 
        Wildlife Refuge, the Secretary shall, to the maximum extent 
        practicable--
                    ``(A) emphasize migratory bird conservation; and
                    ``(B) take into consideration the role of the Refuge 
                in broader landscape conservation efforts.''; and
            (3) in subsection (d)--
                    (A) in paragraph (1), by striking ``and'' at the 
                end;
                    (B) in paragraph (2), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(3) subject to any agreement in existence as of the date 
        of enactment of this paragraph, and to the extent consistent 
        with the purposes of the Refuge, use decreed water rights on the 
        Refuge in approximately the same manner that the water rights 
        have been used historically.''.

[[Page 123 STAT. 725]]

    Sec. 118. None of the funds in this Act may be used to further 
reduce the number of Axis or Fallow deer at Point Reyes National 
Seashore below the number as of the date of enactment of this Act.

                                TITLE II

                     ENVIRONMENTAL PROTECTION AGENCY

                         Science and Technology

    For science and technology, including research and development 
activities, which shall include research and development activities 
under the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, as amended; necessary expenses for personnel and 
related costs and travel expenses; procurement of laboratory equipment 
and supplies; and other operating expenses in support of research and 
development, $790,051,000, to remain available until September 30, 2010.

                  Environmental Programs and Management

    For environmental programs and management, including necessary 
expenses, not otherwise provided for, for personnel and related costs 
and travel expenses; hire of passenger motor vehicles; hire, 
maintenance, and operation of aircraft; purchase of reprints; library 
memberships in societies or associations which issue publications to 
members only or at a price to members lower than to subscribers who are 
not members; administrative costs of the brownfields program under the 
Small Business Liability Relief and Brownfields Revitalization Act of 
2002; and not to exceed $19,000 for official reception and 
representation expenses, $2,392,079,000, to remain available until 
September 30, 2010: Provided, That of the funds included under this 
heading, not less than $95,846,000 shall be for the Geographic Programs 
specified in the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act).

                       Office of Inspector General

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $44,791,000, to remain available until September 30, 2010.

                        Buildings and Facilities

    For construction, repair, improvement, extension, alteration, and 
purchase of fixed equipment or facilities of, or for use by, the 
Environmental Protection Agency, $35,001,000, to remain available until 
expended.

                      Hazardous Substance Superfund


                     (including transfers of funds)


    For necessary expenses to carry out the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, 
including sections 111(c)(3), (c)(5), (c)(6),

[[Page 123 STAT. 726]]

and (e)(4) (42 U.S.C. 9611) $1,285,024,000, to remain available until 
expended, consisting of such sums as are available in the Trust Fund on 
September 30, 2008, as authorized by section 517(a) of the Superfund 
Amendments and Reauthorization Act of 1986 (SARA) and up to 
$1,285,024,000 as a payment from general revenues to the Hazardous 
Substance Superfund for purposes as authorized by section 517(b) of 
SARA, as amended: Provided, That funds appropriated under this heading 
may be allocated to other Federal agencies in accordance with section 
111(a) of CERCLA: Provided further, That of the funds appropriated under 
this heading, $9,975,000 shall be paid to the ``Office of Inspector 
General'' appropriation to remain available until September 30, 2010, 
and $26,417,000 shall be paid to the ``Science and Technology'' 
appropriation to remain available until September 30, 2010.

           Leaking Underground Storage Tank Trust Fund Program

    For necessary expenses to carry out leaking underground storage tank 
cleanup activities authorized by subtitle I of the Solid Waste Disposal 
Act, as amended, $112,577,000, to remain available until expended, of 
which $77,077,000 shall be for carrying out leaking underground storage 
tank cleanup activities authorized by section 9003(h) of the Solid Waste 
Disposal Act, as amended; $35,500,000 shall be for carrying out the 
other provisions of the Solid Waste Disposal Act specified in section 
9508(c) of the Internal Revenue Code, as amended: Provided, That the 
Administrator is authorized to use appropriations made available under 
this heading to implement section 9013 of the Solid Waste Disposal Act 
to provide financial assistance to federally recognized Indian tribes 
for the development and implementation of programs to manage underground 
storage tanks.

                           Oil Spill Response

    For expenses necessary to carry out the Environmental Protection 
Agency's responsibilities under the Oil Pollution Act of 1990, 
$17,687,000, to be derived from the Oil Spill Liability trust fund, to 
remain available until expended.

                   State and Tribal Assistance Grants

    For environmental programs and infrastructure assistance, including 
capitalization grants for State revolving funds and performance 
partnership grants, $2,968,464,000, to remain available until expended, 
of which $689,080,000 shall be for making capitalization grants for the 
Clean Water State Revolving Funds under title VI of the Federal Water 
Pollution Control Act, as amended (the ``Act''); of which up to 
$75,000,000 shall be available for loans, including interest free loans 
as authorized by 33 U.S.C. 1383(d)(1)(A), to municipal, inter-municipal, 
interstate, or State agencies or nonprofit entities for projects that 
provide treatment for or that minimize sewage or stormwater discharges 
using one or more approaches which include, but are not limited to, 
decentralized or distributed stormwater controls, decentralized 
wastewater treatment, low-impact development practices, conservation 
easements, stream buffers, or wetlands restoration; $829,029,000 shall 
be for capitalization grants for the Drinking Water State Revolving 
Funds under section 1452 of the Safe Drinking Water Act, as

[[Page 123 STAT. 727]]

amended; $20,000,000 shall be for architectural, engineering, planning, 
design, construction and related activities in connection with the 
construction of high priority water and wastewater facilities in the 
area of the United States-Mexico Border, after consultation with the 
appropriate border commission; <<NOTE: Alaska.>>  $18,500,000 shall be 
for grants to the State of Alaska to address drinking water and waste 
infrastructure needs of rural and Alaska Native Villages: Provided, 
That, of these funds: (1) the State of Alaska shall provide a match of 
25 percent; (2) no more than 5 percent of the funds may be used for 
administrative and overhead expenses; and (3) the State of Alaska shall 
make awards consistent with the State-wide priority list established in 
conjunction with the Agency and the U.S. Department of Agriculture for 
all water, sewer, waste disposal, and similar projects carried out by 
the State of Alaska that are funded under section 221 of the Federal 
Water Pollution Control Act (33 U.S.C. 1301) or the Consolidated Farm 
and Rural Development Act (7 U.S.C. 1921 et seq.) which shall allocate 
not less than 25 percent of the funds provided for projects in regional 
hub communities; $145,000,000 shall be for making special project grants 
for the construction of drinking water, wastewater and storm water 
infrastructure and for water quality protection in accordance with the 
terms and conditions specified for such grants in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act), and, for purposes of these grants, each grantee 
shall contribute not less than 45 percent of the cost of the project 
unless the grantee is approved for a waiver by the Agency; $97,000,000 
shall be to carry out section 104(k) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, 
including grants, interagency agreements, and associated program support 
costs; $60,000,000 shall be for grants under title VII, subtitle G of 
the Energy Policy Act of 2005, as amended; $15,000,000 shall be for 
grants for cost-effective emission reduction projects in accordance with 
the terms and conditions of the explanatory statement described in 
section 4 (in the matter preceding division A of this consolidated Act); 
and $1,094,855,000 shall be for grants, including associated program 
support costs, to States, federally recognized tribes, interstate 
agencies, tribal consortia, and air pollution control agencies for 
multi-media or single media pollution prevention, control and abatement 
and related activities, including activities pursuant to the provisions 
set forth under this heading in Public Law 104-134, and for making 
grants under section 103 of the Clean Air Act for particulate matter 
monitoring and data collection activities subject to terms and 
conditions specified by the Administrator, of which $49,495,000 shall be 
for carrying out section 128 of CERCLA, as amended, $10,000,000 shall be 
for Environmental Information Exchange Network grants, including 
associated program support costs, $18,500,000 of the funds available for 
grants under section 106 of the Act shall be for water quality 
monitoring activities, $10,000,000 shall be for competitive grants to 
communities to develop plans and demonstrate and implement projects 
which reduce greenhouse gas emissions, and, in addition to funds 
appropriated under the heading ``Leaking Underground Storage Tank Trust 
Fund Program'' to carry out the provisions of the Solid Waste Disposal 
Act specified in section 9508(c) of the Internal Revenue Code other than 
section 9003(h) of the Solid Waste Disposal Act, as amended, $2,500,000 
shall be for grants to States

[[Page 123 STAT. 728]]

under section 2007(f)(2) of the Solid Waste Disposal Act, as amended: 
Provided further, That notwithstanding section 603(d)(7) of the Federal 
Water Pollution Control Act, the limitation on the amounts in a State 
water pollution control revolving fund that may be used by a State to 
administer the fund shall not apply to amounts included as principal in 
loans made by such fund in fiscal year 2009 and prior years where such 
amounts represent costs of administering the fund to the extent that 
such amounts are or were deemed reasonable by the Administrator, 
accounted for separately from other assets in the fund, and used for 
eligible purposes of the fund, including administration: Provided 
further, That for fiscal year 2009, and notwithstanding section 518(f) 
of the Act, the Administrator is authorized to use the amounts 
appropriated for any fiscal year under section 319 of that Act to make 
grants to federally recognized Indian tribes pursuant to sections 319(h) 
and 518(e) of that Act: Provided further, That for fiscal year 2009, 
notwithstanding the limitation on amounts in section 518(c) of the Act, 
up to a total of 1\1/2\ percent of the funds appropriated for State 
Revolving Funds under title VI of that Act may be reserved by the 
Administrator for grants under section 518(c) of that Act: Provided 
further, That no funds provided by this appropriations Act to address 
the water, wastewater and other critical infrastructure needs of the 
colonias in the United States along the United States-Mexico border 
shall be made available to a county or municipal government unless that 
government has established an enforceable local ordinance, or other 
zoning rule, which prevents in that jurisdiction the development or 
construction of any additional colonia areas, or the development within 
an existing colonia the construction of any new home, business, or other 
structure which lacks water, wastewater, or other necessary 
infrastructure.

       Administrative Provisions, Environmental Protection Agency


                     (including rescission of funds)


    For fiscal year 2009, notwithstanding 31 U.S.C. 6303(1) and 6305(1), 
the Administrator of the Environmental Protection Agency, in carrying 
out the Agency's function to implement directly Federal environmental 
programs required or authorized by law in the absence of an acceptable 
tribal program, may award cooperative agreements to federally recognized 
Indian Tribes or Intertribal consortia, if authorized by their member 
Tribes, to assist the Administrator in implementing Federal 
environmental programs for Indian Tribes required or authorized by law, 
except that no such cooperative agreements may be awarded from funds 
designated for State financial assistance agreements.
    The Administrator <<NOTE: Fees.>>  of the Environmental Protection 
Agency is authorized to collect and obligate pesticide registration 
service fees in accordance with section 33 of the Federal Insecticide, 
Fungicide, and Rodenticide Act, as amended by Public Law 110-94, the 
Pesticide Registration Improvement Renewal Act.

    For fiscal <<NOTE: 42 USC 4370g.>>  year 2009 and thereafter, the 
Science and Technology and Environmental Programs and Management 
Accounts are available for uniforms, or allowances therefore, as 
authorized by 5 U.S.C. 5901-02 and for services as authorized by 5 
U.S.C. 3109, but at rates for individuals not to exceed the daily 
equivalent of the rate paid for level IV of the Executive Schedule. 
Unless specifically authorized by law, for fiscal year 2009 and 
thereafter, none of

[[Page 123 STAT. 729]]

the funds available under this title for grants may be used to pay for 
the salaries of individual consultants at more than the daily equivalent 
of the rate paid for level IV of the Executive Schedule.

    None of the funds made available by this Act may be used in 
contravention of, or to delay the implementation of, Executive Order No. 
12898 of February 11, 1994 (59 Fed. Reg. 7629; relating to Federal 
actions to address environmental justice in minority populations and 
low-income populations).
    Title II of Public Law 109-54, under the heading Administrative 
Provisions, is <<NOTE: 119 Stat. 531.>>  amended: in the fourth 
paragraph, strike ``make not to exceed five appointments in any fiscal 
year under the authority provided in 42 U.S.C. 209 for the Office of 
Research and Development'' and insert ``employ up to thirty persons at 
any one time in the Office of Research and Development under the 
authority provided in 42 U.S.C. 209''.

    From unobligated balances to carry out projects and activities 
funded through the State and Tribal Assistance Grants Account, 
$10,000,000 are permanently rescinded.
    Of the funds <<NOTE: Publication. Regulations. Deadline. Greenhouse 
gas emissions.>>  provided in the Environmental Programs and Management 
Account, not less than $6,500,000 shall be used for activities to 
develop and publish a final rule not later than June 26, 2009, and to 
begin implementation, to require mandatory reporting of greenhouse gas 
emissions above appropriate thresholds in all sectors of the economy of 
the United States, as required by Public Law 110-161.

    For fiscal <<NOTE: 42 USC 4370h.>>  year 2009 and thereafter, the 
Science and Technology, Environmental Programs and Management, Office of 
Inspector General, Hazardous Substance Superfund, and Leaking 
Underground Storage Tank Trust Fund Program Accounts, are available for 
the construction, alteration, repair, rehabilitation, and renovation of 
facilities provided that the cost does not exceed $85,000 per project.

                                TITLE III

                            RELATED AGENCIES

                        DEPARTMENT OF AGRICULTURE

                             Forest Service


                      forest and rangeland research


    For necessary expenses of forest and rangeland research as 
authorized by law, $296,380,000, to remain available until expended: 
Provided, That of the funds provided, $60,770,000 is for the forest 
inventory and analysis program.

                       state and private forestry

    For necessary expenses of cooperating with and providing technical 
and financial assistance to States, territories, possessions, and 
others, and for forest health management, including treatments of pests, 
pathogens, and invasive or noxious plants and for restoring and 
rehabilitating forests damaged by pests or invasive plants, cooperative 
forestry, and education and land conservation activities and conducting 
an international program as authorized, $265,861,000, to remain 
available until expended, as authorized

[[Page 123 STAT. 730]]

by law; and of which $49,445,000 is to be derived from the Land and 
Water Conservation Fund.


                         National Forest System


                     (including rescission of funds)


    For necessary expenses of the Forest Service, not otherwise provided 
for, for management, protection, improvement, and utilization of the 
National Forest System, $1,514,805,000, to remain available until 
expended, which shall include 50 percent of all moneys received during 
prior fiscal years as fees collected under the Land and Water 
Conservation Fund Act of 1965, as amended, in accordance with section 4 
of the Act (16 U.S.C. 460l-6a(i)): Provided, That of the unobligated 
balances in this account, $5,000,000 are rescinded.

                   capital improvement and maintenance


                      (including transfer of funds)


    For necessary expenses of the Forest Service, not otherwise provided 
for, $495,393,000, to remain available until expended, for construction, 
capital improvement, maintenance and acquisition of buildings and other 
facilities and infrastructure; and for construction, capital 
improvement, decommissioning, and maintenance of forest roads and trails 
by the Forest Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 
101 and 205: Provided, That $50,000,000 shall be designated for urgently 
needed road decommissioning, road and trail repair and maintenance and 
associated activities, and removal of fish passage barriers, especially 
in areas where Forest Service roads may be contributing to water quality 
problems in streams and water bodies which support threatened, 
endangered or sensitive species or community water sources: Provided 
further, That up to $40,000,000 of the funds provided herein for road 
maintenance shall be available for the decommissioning of roads, 
including unauthorized roads not part of the transportation system, 
which are no longer needed: Provided further, 
That <<NOTE: Roads. Notice. Public comment.>>  no funds shall be 
expended to decommission any system road until notice and an opportunity 
for public comment has been provided on each decommissioning project: 
Provided further, That the decommissioning of unauthorized roads not 
part of the official transportation system shall be expedited in 
response to threats to public safety, water quality, or natural 
resources: Provided further, That funds becoming available in fiscal 
year 2009 under the Act of March 4, 1913 (16 U.S.C. 501) shall be 
transferred to the General Fund of the Treasury and shall not be 
available for transfer or obligation for any other purpose unless the 
funds are appropriated.


                            land acquisition


    For expenses necessary to carry out the provisions of the Land and 
Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4 
through 11), including administrative expenses, and for acquisition of 
land or waters, or interest therein, in accordance with statutory 
authority applicable to the Forest Service, $49,775,000, to be derived 
from the Land and Water Conservation Fund and to remain available until 
expended.

[[Page 123 STAT. 731]]

         acquisition of lands for national forests special acts


    For acquisition of lands within the exterior boundaries of the 
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National 
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland 
National Forests, California, as authorized by law, $1,050,000, to be 
derived from forest receipts.

             acquisition of lands to complete land exchanges

    For acquisition of lands, such sums, to be derived from funds 
deposited by State, county, or municipal governments, public school 
districts, or other public school authorities, and for authorized 
expenditures from funds deposited by non-Federal parties pursuant to 
Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967, as 
amended (16 U.S.C. 484a), to remain available until expended. (16 U.S.C. 
4601-516-617a, 555a; Public Law 96-586; Public Law 76-589, 76-591; and 
78-310).


                          range betterment fund


    For necessary expenses of range rehabilitation, protection, and 
improvement, 50 percent of all moneys received during the prior fiscal 
year, as fees for grazing domestic livestock on lands in National 
Forests in the 16 Western States, pursuant to section 401(b)(1) of 
Public Law 94-579, as amended, to remain available until expended, of 
which not to exceed 6 percent shall be available for administrative 
expenses associated with on-the-ground range rehabilitation, protection, 
and improvements.


     gifts, donations and bequests for forest and rangeland research


    For expenses authorized by 16 U.S.C. 1643(b), $50,000, to remain 
available until expended, to be derived from the fund established 
pursuant to the above Act.


        management of national forest lands for subsistence uses


    For necessary expenses of the Forest Service to manage Federal lands 
in Alaska for subsistence uses under title VIII of the Alaska National 
Interest Lands Conservation Act (Public Law 96-487), $5,000,000, to 
remain available until expended.


                        wildland fire management


                     (including transfers of funds)


    For necessary expenses for forest fire presuppression activities on 
National Forest System lands, for emergency fire suppression on or 
adjacent to such lands or other lands under fire protection agreement, 
hazardous fuels reduction on or adjacent to such lands, and for 
emergency rehabilitation of burned-over National Forest System lands and 
water, $2,131,630,000, to remain available until expended: Provided, 
That such funds including unobligated balances under this heading, are 
available for repayment of advances from other appropriations accounts 
previously transferred for such purposes: Provided further, That such 
funds shall be available to reimburse State and other cooperating 
entities for services provided in response to wildfire and other 
emergencies or disasters to the

[[Page 123 STAT. 732]]

extent such reimbursements by the Forest Service for non-fire 
emergencies are fully repaid by the responsible emergency management 
agency: Provided further, That, notwithstanding any other provision of 
law, $8,000,000 of funds appropriated under this appropriation shall be 
used for Fire Science Research in support of the Joint Fire Science 
Program: Provided further, That all authorities for the use of funds, 
including the use of contracts, grants, and cooperative agreements, 
available to execute the Forest and Rangeland Research appropriation, 
are also available in the utilization of these funds for Fire Science 
Research: Provided further, That funds provided shall be available for 
emergency rehabilitation and restoration, hazardous fuels reduction 
activities in the urban-wildland interface, support to Federal emergency 
response, and wildfire suppression activities of the Forest Service: 
Provided further, That of the funds provided, $328,086,000 is for 
hazardous fuels reduction activities, $11,500,000 is for rehabilitation 
and restoration, $23,917,000 is for research activities and to make 
competitive research grants pursuant to the Forest and Rangeland 
Renewable Resources Research Act, as amended (16 U.S.C. 1641 et seq.), 
$55,000,000 is for State fire assistance, $9,000,000 is for volunteer 
fire assistance, $17,252,000 is for forest health activities on Federal 
lands and $9,928,000 is for forest health activities on State and 
private lands: Provided further, That amounts in this paragraph may be 
transferred to the ``State and Private Forestry'', ``National Forest 
System'', and ``Forest and Rangeland Research'' accounts to fund State 
fire assistance, volunteer fire assistance, forest health management, 
forest and rangeland research, the Joint Fire Science Program, 
vegetation and watershed management, heritage site rehabilitation, and 
wildlife and fish habitat management and restoration: Provided further, 
That <<NOTE: Notification. Transfer date.>>  up to $15,000,000 of the 
funds provided under this heading for hazardous fuels treatments may be 
transferred to and made a part of the ``National Forest System'' account 
at the sole discretion of the Chief of the Forest Service 30 days after 
notifying the House and the Senate Committees on Appropriations: 
Provided further, That the costs of implementing any cooperative 
agreement between the Federal Government and any non-Federal entity may 
be shared, as mutually agreed on by the affected parties: Provided 
further, That in addition to funds provided for State Fire Assistance 
programs, and subject to all authorities available to the Forest Service 
under the State and Private Forestry Appropriation, up to $15,000,000 
may be used on adjacent non-Federal lands for the purpose of protecting 
communities when hazard reduction activities are planned on national 
forest lands that have the potential to place such communities at risk: 
Provided further, That funds made available to implement the Community 
Forest Restoration Act, Public Law 106-393, title VI, shall be available 
for use on non-Federal lands in accordance with authorities available to 
the Forest Service under the State and Private Forestry Appropriation: 
Provided further, That the Secretary of the Interior and the Secretary 
of Agriculture may authorize the transfer of funds appropriated for 
wildland fire management, in an aggregate amount not to exceed 
$10,000,000, between the Departments when such transfers would 
facilitate and expedite jointly funded wildland fire management programs 
and projects: Provided further, That of the funds provided for hazardous 
fuels reduction, not to exceed $5,000,000, may be used to make grants, 
using any authorities available to the Forest Service under

[[Page 123 STAT. 733]]

the State and Private Forestry appropriation, for the purpose of 
creating incentives for increased use of biomass from national forest 
lands: Provided further, That funds designated for wildfire suppression 
shall be assessed for cost pools on the same basis as such assessments 
are calculated against other agency programs.


                Administrative Provisions, Forest Service


    Appropriations to the Forest Service for the current fiscal year 
shall be available for: (1) purchase of passenger motor vehicles; 
acquisition of passenger motor vehicles from excess sources, and hire of 
such vehicles; purchase, lease, operation, maintenance, and acquisition 
of aircraft from excess sources to maintain the operable fleet for use 
in Forest Service wildland fire programs and other Forest Service 
programs; notwithstanding other provisions of law, existing aircraft 
being replaced may be sold, with proceeds derived or trade-in value used 
to offset the purchase price for the replacement aircraft; (2) services 
pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for employment 
under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings 
and other public improvements (7 U.S.C. 2250); (4) acquisition of land, 
waters, and interests therein pursuant to 7 U.S.C. 428a; (5) for 
expenses pursuant to the Volunteers in the National Forest Act of 1972 
(16 U.S.C. 558a, 558d, and 558a note); (6) the cost of uniforms as 
authorized by 5 U.S.C. 5901-5902; and (7) for debt collection contracts 
in accordance with 31 U.S.C. 3718(c).
    Any appropriations or funds available to the Forest Service may be 
transferred to the Wildland Fire Management appropriation for forest 
firefighting, emergency rehabilitation of burned-over or damaged lands 
or waters under its jurisdiction, and fire preparedness due to severe 
burning conditions upon notification of the House and Senate Committees 
on Appropriations and if and only if all previously appropriated 
emergency contingent funds under the heading ``Wildland Fire 
Management'' have been released by the President and apportioned and all 
wildfire suppression funds under the heading ``Wildland Fire 
Management'' are obligated.
    Funds appropriated to the Forest Service shall be available for 
assistance to or through the Agency for International Development in 
connection with forest and rangeland research, technical information, 
and assistance in foreign countries, and shall be available to support 
forestry and related natural resource activities outside the United 
States and its territories and possessions, including technical 
assistance, education and training, and cooperation with United States 
and international organizations.
    None of <<NOTE: 16 USC 556i.>>  the funds made available to the 
Forest Service in this Act or any other Act with respect to any fiscal 
year shall be subject to transfer under the provisions of section 702(b) 
of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257), 
section 442 of Public Law 106-224 (7 U.S.C. 7772), or section 10417(b) 
of Public Law 107-107 (7 U.S.C. 8316(b)).

    None of the funds available to the Forest Service may be 
reprogrammed without the advance approval of the House and Senate 
Committees on Appropriations in accordance with the reprogramming 
procedures contained in the explanatory statement described in section 4 
(in the matter preceding division A of this consolidated Act).
    Not more than $73,285,000 of funds available to the Forest Service 
shall be transferred to the Working Capital Fund of the

[[Page 123 STAT. 734]]

Department of Agriculture and not more than $19,400,000 of funds 
available to the Forest Service shall be transferred to the Department 
of Agriculture for Department Reimbursable Programs, commonly referred 
to as Greenbook charges. Nothing in this paragraph shall prohibit or 
limit the use of reimbursable agreements requested by the Forest Service 
in order to obtain services from the Department of Agriculture's 
National Information Technology Center.
    Funds available to the Forest Service shall be available to conduct 
a program of up to $5,000,000 for priority projects within the scope of 
the approved budget, of which $2,500,000 shall be carried out by the 
Youth Conservation Corps and $2,500,000 shall be carried out under the 
authority of the Public Lands Corps Healthy Forests Restoration Act of 
2005, Public Law 109-154.
    Of the funds available to the Forest Service, $4,000 is available to 
the Chief of the Forest Service for official reception and 
representation expenses.
    Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of the 
funds available to the Forest Service, $3,000,000 may be advanced in a 
lump sum to the National Forest Foundation to aid conservation 
partnership projects in support of the Forest Service mission, without 
regard to when the Foundation incurs expenses, for administrative 
expenses or projects on or benefitting National Forest System lands or 
related to Forest Service programs: Provided, That the Foundation shall 
obtain, by the end of the period of Federal financial assistance, 
private contributions to match on at least one-for-one basis funds made 
available by the Forest Service: Provided further, That the Foundation 
may transfer Federal funds to Federal or a non-Federal recipient for a 
project at the same rate that the recipient has obtained the non-Federal 
matching funds: Provided further, That authorized investments of Federal 
funds held by the Foundation may be made only in interest-bearing 
obligations of the United States or in obligations guaranteed as to both 
principal and interest by the United States.
    Pursuant to section 2(b)(2) of Public Law 98-244, $3,000,000 of the 
funds available to the Forest Service shall be advanced to the National 
Fish and Wildlife Foundation in a lump sum to aid cost-share 
conservation projects, without regard to when expenses are incurred, on 
or benefitting National Forest System lands or related to Forest Service 
programs: Provided, That such funds shall be matched on at least a one-
for-one basis by the Foundation or its sub-recipients: Provided further, 
That the Foundation may transfer Federal funds to a Federal or non-
Federal recipient for a project at the same rate that the recipient has 
obtained the non-Federal matching funds.
    Funds appropriated to the Forest Service shall be available for 
interactions with and providing technical assistance to rural 
communities and natural resource-based businesses for sustainable rural 
development purposes.
    Funds appropriated to the Forest Service shall be available for 
payments to counties within the Columbia River Gorge National Scenic 
Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of 
Public Law 99-663.
    An eligible individual who is employed in any project funded under 
title V of the Older American Act of 1965 (42 U.S.C. 3056 et seq.) and 
administered by the Forest Service shall be considered to be a Federal 
employee for purposes of chapter 171 of title 28, United States Code.

[[Page 123 STAT. 735]]

    Any funds appropriated to the Forest Service may be used to meet the 
non-Federal share requirement in section 502(c) of the Older American 
Act of 1965 (42 U.S.C. 3056(c)(2)).
    Funds available to the Forest Service, not to exceed $50,000,000, 
shall be assessed for the purpose of performing facilities maintenance. 
Such assessments shall occur using a square foot rate charged on the 
same basis the agency uses to assess programs for payment of rent, 
utilities, and other support services.
    Notwithstanding any other provision of law, any appropriations or 
funds available to the Forest Service not to exceed $500,000 may be used 
to reimburse the Office of the General Counsel (OGC), Department of 
Agriculture, for travel and related expenses incurred as a result of OGC 
assistance or participation requested by the Forest Service at meetings, 
training sessions, management reviews, land purchase negotiations and 
similar non-litigation related matters. Future budget justifications for 
both the Forest Service and the Department of Agriculture should clearly 
display the sums previously transferred and the requested funding 
transfers.

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

                          Indian Health Service


                         Indian Health Services


    For expenses necessary to carry out the Act of August 5, 1954 (68 
Stat. 674), the Indian Self-Determination Act, the Indian Health Care 
Improvement Act, and titles II and III of the Public Health Service Act 
with respect to the Indian Health Service, $3,190,956,000, together with 
payments received during the fiscal year pursuant to 42 U.S.C. 238(b) 
and 238b for services furnished by the Indian Health Service: Provided, 
That funds made available to tribes and tribal organizations through 
contracts, grant agreements, or any other agreements or compacts 
authorized by the Indian Self-Determination and Education Assistance Act 
of 1975 (25 U.S.C. 450), shall be deemed to be obligated at the time of 
the grant or contract award and thereafter shall remain available to the 
tribe or tribal organization without fiscal year limitation: Provided 
further, That $634,477,000 for contract medical care, including 
$31,000,000 for the Indian Catastrophic Health Emergency Fund, shall 
remain available until expended: Provided further, That no less than 
$36,189,000 is provided for maintaining operations of the urban Indian 
health program: Provided further, That of the funds provided, up to 
$32,000,000 shall remain available until expended for implementation of 
the loan repayment program under section 108 of the Indian Health Care 
Improvement Act: Provided further, That $16,391,000 is provided for the 
methamphetamine and suicide prevention and treatment initiative and 
$7,500,000 is provided for the domestic violence prevention initiative 
and, notwithstanding any other provision of law, the amounts available 
under this proviso shall be allocated at the discretion of the Director 
of the Indian Health Service and shall remain available until expended: 
Provided further, That funds provided in this Act may be used for one-
year contracts and grants which are to be performed in two fiscal years, 
so long as the total obligation is recorded in the year for which the 
funds are appropriated: Provided further, That the amounts collected by 
the Secretary of Health and Human Services under the authority of title 
IV of the Indian

[[Page 123 STAT. 736]]

Health Care Improvement Act shall remain available until expended for 
the purpose of achieving compliance with the applicable conditions and 
requirements of titles XVIII and XIX of the Social Security Act 
(exclusive of planning, design, or construction of new facilities): 
Provided further, That funding contained herein, and in any earlier 
appropriations Acts for scholarship programs under the Indian Health 
Care Improvement Act (25 U.S.C. 1613) shall remain available until 
expended: Provided further, That amounts received by tribes and tribal 
organizations under title IV of the Indian Health Care Improvement Act 
shall be reported and accounted for and available to the receiving 
tribes and tribal organizations until expended: Provided further, That, 
notwithstanding any other provision of law, of the amounts provided 
herein, not to exceed $282,398,000 shall be for payments to tribes and 
tribal organizations for contract or grant support costs associated with 
contracts, grants, self-governance compacts, or annual funding 
agreements between the Indian Health Service and a tribe or tribal 
organization pursuant to the Indian Self-Determination Act of 1975, as 
amended, prior to or during fiscal year 2009, of which not to exceed 
$5,000,000 may be used for contract support costs associated with new or 
expanded self-determination contracts, grants, self-governance compacts, 
or annual funding agreements: Provided further, That the Bureau of 
Indian Affairs may collect from the Indian Health Service, tribes and 
tribal organizations operating health facilities pursuant to Public Law 
93-638, such individually identifiable health information relating to 
disabled children as may be necessary for the purpose of carrying out 
its functions under the Individuals with Disabilities Education Act (20 
U.S.C. 1400, et seq.): Provided further, That the Indian Health Care 
Improvement Fund may be used, as needed, to carry out activities 
typically funded under the Indian Health Facilities account.


                        Indian Health Facilities


    For construction, repair, maintenance, improvement, and equipment of 
health and related auxiliary facilities, including quarters for 
personnel; preparation of plans, specifications, and drawings; 
acquisition of sites, purchase and erection of modular buildings, and 
purchases of trailers; and for provision of domestic and community 
sanitation facilities for Indians, as authorized by section 7 of the Act 
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act, 
and the Indian Health Care Improvement Act, and for expenses necessary 
to carry out such Acts and titles II and III of the Public Health 
Service Act with respect to environmental health and facilities support 
activities of the Indian Health Service, $390,168,000, to remain 
available until expended: Provided, That notwithstanding any other 
provision of law, funds appropriated for the planning, design, 
construction or renovation of health facilities for the benefit of an 
Indian tribe or tribes may be used to purchase land for sites to 
construct, improve, or enlarge health or related facilities: Provided 
further, That not to exceed $500,000 shall be used by the Indian Health 
Service to purchase TRANSAM equipment from the Department of Defense for 
distribution to the Indian Health Service and tribal facilities: 
Provided further, That none of the funds appropriated to the Indian 
Health Service may be used for sanitation facilities construction for 
new homes funded with grants by the housing programs of the United 
States Department of Housing and Urban Development: Provided further, 
That

[[Page 123 STAT. 737]]

not to exceed $2,700,000 from this account and the ``Indian Health 
Services'' account shall be used by the Indian Health Service to obtain 
ambulances for the Indian Health Service and tribal facilities in 
conjunction with an existing interagency agreement between the Indian 
Health Service and the General Services Administration: Provided 
further, That not to exceed $500,000 shall be placed in a Demolition 
Fund, available until expended, to be used by the Indian Health Service 
for demolition of Federal buildings.


            administrative provisions, indian health service


    Appropriations in this Act to the Indian Health Service shall be 
available for services as authorized by 5 U.S.C. 3109 but at rates not 
to exceed the per diem rate equivalent to the maximum rate payable for 
senior-level positions under 5 U.S.C. 5376; hire of passenger motor 
vehicles and aircraft; purchase of medical equipment; purchase of 
reprints; purchase, renovation and erection of modular buildings and 
renovation of existing facilities; payments for telephone service in 
private residences in the field, when authorized under regulations 
approved by the Secretary; and for uniforms or allowances therefor as 
authorized by 5 U.S.C. 5901-5902; and for expenses of attendance at 
meetings that relate to the functions or activities for which the 
appropriation is made or otherwise contribute to the improved conduct, 
supervision, or management of those functions or activities.
    In accordance with the provisions of the Indian Health Care 
Improvement Act, non-Indian patients may be extended health care at all 
tribally administered or Indian Health Service facilities, subject to 
charges, and the proceeds along with funds recovered under the Federal 
Medical Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to the 
account of the facility providing the service and shall be available 
without fiscal year limitation. Notwithstanding any other law or 
regulation, funds transferred from the Department of Housing and Urban 
Development to the Indian Health Service shall be administered under 
Public Law 86-121, the Indian Sanitation Facilities Act and Public Law 
93-638, as amended.
    Funds appropriated to the Indian Health Service in this Act, except 
those used for administrative and program direction purposes, shall not 
be subject to limitations directed at curtailing Federal travel and 
transportation.
    None of the funds made available to the Indian Health Service in 
this Act shall be used for any assessments or charges by the Department 
of Health and Human Services unless identified in the budget 
justification and provided in this Act, or approved by the House and 
Senate Committees on Appropriations through the reprogramming process.
    Notwithstanding any other provision of law, funds previously or 
herein made available to a tribe or tribal organization through a 
contract, grant, or agreement authorized by title I or title V of the 
Indian Self-Determination and Education Assistance Act of 1975 (25 
U.S.C. 450), may be deobligated and reobligated to a self-determination 
contract under title I, or a self-governance agreement under title V of 
such Act and thereafter shall remain available to the tribe or tribal 
organization without fiscal year limitation.
    None of <<NOTE: Regulations. Budget request.>>  the funds made 
available to the Indian Health Service in this Act shall be used to 
implement the final rule published

[[Page 123 STAT. 738]]

in the Federal Register on September 16, 1987, by the Department of 
Health and Human Services, relating to the eligibility for the health 
care services of the Indian Health Service until the Indian Health 
Service has submitted a budget request reflecting the increased costs 
associated with the proposed final rule, and such request has been 
included in an appropriations Act and enacted into law.

    With respect to functions transferred by the Indian Health Service 
to tribes or tribal organizations, the Indian Health Service is 
authorized to provide goods and services to those entities, on a 
reimbursable basis, including payment in advance with subsequent 
adjustment. The reimbursements received therefrom, along with the funds 
received from those entities pursuant to the Indian Self-Determination 
Act, may be credited to the same or subsequent appropriation account 
that provided the funding, with such amounts to remain available until 
expended.
    Reimbursements for training, technical assistance, or services 
provided by the Indian Health Service will contain total costs, 
including direct, administrative, and overhead associated with the 
provision of goods, services, or technical assistance.
    The appropriation <<NOTE: Notification.>>  structure for the Indian 
Health Service may not be altered without advance notification to the 
House and Senate Committees on Appropriations.

                      National Institutes of Health


           National Institute of Environmental Health Sciences


    For necessary expenses for the National Institute of Environmental 
Health Sciences in carrying out activities set forth in section 311(a) 
of the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980, as amended, and section 126(g) of the Superfund Amendments 
and Reauthorization Act of 1986, $78,074,000.

            Agency for Toxic Substances and Disease Registry


            Toxic Substances and Environmental Public Health


    For necessary expenses for the Agency for Toxic Substances and 
Disease Registry (ATSDR) in carrying out activities set forth in 
sections 104(i) and 111(c)(4) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended; 
section 118(f) of the Superfund Amendments and Reauthorization Act of 
1986 (SARA), as amended; and section 3019 of the Solid Waste Disposal 
Act, as amended, $74,039,000, of which up to $1,000 to remain available 
until expended, is for Individual Learning Accounts for full-time 
equivalent employees of the Agency for Toxic Substances and Disease 
Registry: Provided, That notwithstanding any other provision of law, in 
lieu of performing a health assessment under section 104(i)(6) of 
CERCLA, the Administrator of ATSDR may conduct other appropriate health 
studies, evaluations, or activities, including, without limitation, 
biomedical testing, clinical evaluations, medical monitoring, and 
referral to accredited health care providers: Provided further, That in 
performing any such health assessment or health study, evaluation, or 
activity, the Administrator of ATSDR shall not be bound by the deadlines 
in section 104(i)(6)(A) of CERCLA: Provided further, That none

[[Page 123 STAT. 739]]

of the funds appropriated under this heading shall be available for 
ATSDR to issue in excess of 40 toxicological profiles pursuant to 
section 104(i) of CERCLA during fiscal year 2009, and existing profiles 
may be updated as necessary.

                         OTHER RELATED AGENCIES

                    Executive Office of the President

  council on environmental quality and office of environmental quality

    For necessary expenses to continue functions assigned to the Council 
on Environmental Quality and Office of Environmental Quality pursuant to 
the National Environmental Policy Act of 1969, the Environmental Quality 
Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not 
to exceed $750 for official reception and representation expenses, 
$2,703,000: <<NOTE: Appointment.>>  Provided, That notwithstanding 
section 202 of the National Environmental Policy Act of 1970, the 
Council shall consist of one member, appointed by the President, by and 
with the advice and consent of the Senate, serving as chairman and 
exercising all powers, functions, and duties of the Council.

             Chemical Safety and Hazard Investigation Board


                          Salaries and Expenses


                      (including transfer of funds)


    For necessary expenses in carrying out activities pursuant to 
section 112(r)(6) of the Clean Air Act, as amended, including hire of 
passenger vehicles, uniforms or allowances therefor, as authorized by 5 
U.S.C. 5901-5902, and for services authorized by 5 U.S.C. 3109 but at 
rates for individuals not to exceed the per diem equivalent to the 
maximum rate payable for senior level positions under 5 U.S.C. 5376, 
$10,199,000: <<NOTE: Government positions.>>  Provided, That the 
Chemical Safety and Hazard Investigation Board (Board) shall have not 
more than three career Senior Executive Service positions: Provided 
further, That notwithstanding <<NOTE: 5 USC app. 8G note.>>  any other 
provision of law, the individual appointed to the position of Inspector 
General of the Environmental Protection Agency (EPA) shall, by virtue of 
such appointment, also hold the position of Inspector General of the 
Board: Provided further, That notwithstanding any other provision of 
law, the Inspector General of the Board shall utilize personnel of the 
Office of Inspector General of EPA in performing the duties of the 
Inspector General of the Board, and shall not appoint any individuals to 
positions within the Board: Provided further, That of the funds 
appropriated under this heading, $300,000 shall be paid to the ``Office 
of Inspector General'' appropriation of the Environmental Protection 
Agency.

               Office of Navajo and Hopi Indian Relocation


                          salaries and expenses


    For necessary expenses of the Office of Navajo and Hopi Indian 
Relocation as authorized by Public Law 93-531, $7,530,000, to remain 
available until expended: Provided, That funds provided in this or any 
other appropriations Act are to be used to relocate

[[Page 123 STAT. 740]]

eligible individuals and groups including evictees from District 6, 
Hopi-partitioned lands residents, those in significantly substandard 
housing, and all others certified as eligible and not included in the 
preceding categories: Provided further, That none of the funds contained 
in this or any other Act may be used by the Office of Navajo and Hopi 
Indian Relocation to evict any single Navajo or Navajo family who, as of 
November 30, 1985, was physically domiciled on the lands partitioned to 
the Hopi Tribe unless a new or replacement home is provided for such 
household: Provided further, That no relocatee will be provided with 
more than one new or replacement home: Provided further, That the Office 
shall relocate any certified eligible relocatees who have selected and 
received an approved homesite on the Navajo reservation or selected a 
replacement residence off the Navajo reservation or on the land acquired 
pursuant to 25 U.S.C. 640d-10.

    Institute of American Indian and Alaska Native Culture and Arts 
                               Development

                        payment to the institute

    For payment to the Institute of American Indian and Alaska Native 
Culture and Arts Development, as authorized by title XV of Public Law 
99-498, as amended (20 U.S.C. 56 part A), $7,900,000.

                         Smithsonian Institution


                          salaries and expenses


    For necessary expenses of the Smithsonian Institution, as authorized 
by law, including research in the fields of art, science, and history; 
development, preservation, and documentation of the National 
Collections; presentation of public exhibits and performances; 
collection, preparation, dissemination, and exchange of information and 
publications; conduct of education, training, and museum assistance 
programs; maintenance, alteration, operation, lease (for terms not to 
exceed 30 years), and protection of buildings, facilities, and 
approaches; not to exceed $100,000 for services as authorized by 5 
U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for 
employees, $593,400,000, of which not to exceed $19,352,000 for the 
instrumentation program, collections acquisition, exhibition 
reinstallation, the National Museum of African American History and 
Culture, and the repatriation of skeletal remains program shall remain 
available until expended; and of which $1,553,000 for fellowships and 
scholarly awards shall remain available until September 30, 2010; and 
including such funds as may be necessary to support American overseas 
research centers: Provided, That funds appropriated herein are available 
for advance payments to independent contractors performing research 
services or participating in official Smithsonian presentations.

                           facilities capital

    For necessary expenses of repair, revitalization, and alteration of 
facilities owned or occupied by the Smithsonian Institution, by contract 
or otherwise, as authorized by section 2 of the Act of August 22, 1949 
(63 Stat. 623), and for construction, including necessary personnel, 
$123,000,000, to remain available until

[[Page 123 STAT. 741]]

expended, of which not to exceed $10,000 is for services as authorized 
by 5 U.S.C. 3109.


                               Legacy Fund


    For major restoration, renovation, and rehabilitation of existing 
Smithsonian facilities, $15,000,000, to remain available until expended: 
Provided, That such funds may be made available in incremental amounts 
for individual projects after being matched by an equal amount in 
private donations, which shall not include in-kind contributions: 
Provided further, That none of the funds made available under this 
heading, or any required matching funds, shall be used for day-to-day 
maintenance, general salaries and expenses, or programmatic purposes: 
Provided further, That the total amount of private contributions may be 
adjusted to reflect any provision in this or any other appropriations 
Act that affects the overall amount of the Federal appropriation for 
this Fund.

                         National Gallery of Art


                          salaries and expenses


    For the upkeep and operations of the National Gallery of Art, the 
protection and care of the works of art therein, and administrative 
expenses incident thereto, as authorized by the Act of March 24, 1937 
(50 Stat. 51), as amended by the public resolution of April 13, 1939 
(Public Resolution 9, Seventy-sixth Congress), including services as 
authorized by 5 U.S.C. 3109; payment in advance when authorized by the 
treasurer of the Gallery for membership in library, museum, and art 
associations or societies whose publications or services are available 
to members only, or to members at a price lower than to the general 
public; purchase, repair, and cleaning of uniforms for guards, and 
uniforms, or allowances therefor, for other employees as authorized by 
law (5 U.S.C. 5901-5902); purchase or rental of devices and services for 
protecting buildings and contents thereof, and maintenance, alteration, 
improvement, and repair of buildings, approaches, and grounds; and 
purchase of services for restoration and repair of works of art for the 
National Gallery of Art by contracts made, without advertising, with 
individuals, firms, or organizations at such rates or prices and under 
such terms and conditions as the Gallery may deem proper, $105,388,000, 
of which not to exceed $3,350,000 for the special exhibition program 
shall remain available until expended.


             repair, restoration and renovation of buildings


    For necessary expenses of repair, restoration and renovation of 
buildings, grounds and facilities owned or occupied by the National 
Gallery of Art, by contract or otherwise, as authorized, $17,368,000, to 
remain available until expended: <<NOTE: Contracts.>>  Provided, That 
contracts awarded for environmental systems, protection systems, and 
exterior repair or renovation of buildings of the National Gallery of 
Art may be negotiated with selected contractors and awarded on the basis 
of contractor qualifications as well as price.

[[Page 123 STAT. 742]]

             John F. Kennedy Center for the Performing Arts


                       operations and maintenance


    For necessary expenses for the operation, maintenance and security 
of the John F. Kennedy Center for the Performing Arts, $21,300,000.


                     capital repair and restoration


    For necessary expenses for capital repair and restoration of the 
existing features of the building and site of the John F. Kennedy Center 
for the Performing Arts, $15,064,000, to remain available until 
expended.

            Woodrow Wilson International Center for Scholars

                          salaries and expenses

    For expenses necessary in carrying out the provisions of the Woodrow 
Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of passenger 
vehicles and services as authorized by 5 U.S.C. 3109, $10,000,000.

           National Foundation on the Arts and the Humanities

                     National Endowment for the Arts


                        grants and administration


                      (including transfer of funds)


    For necessary expenses to carry out the National Foundation on the 
Arts and the Humanities Act of 1965, as amended, $155,000,000 shall be 
available to the National Endowment for the Arts for the support of 
projects and productions in the arts, including arts education and 
public outreach activities, through assistance to organizations and 
individuals pursuant to section 5 of the Act, for program support, and 
for administering the functions of the Act, to remain available until 
expended: Provided, That funds appropriated herein shall be expended in 
accordance with sections 309 and 311 of Public Law 108-447: Provided 
further, That hereinafter funds previously appropriated to the National 
Endowment for the Arts ``Challenge America'' account may be transferred 
to and merged with this account.

                  National Endowment for the Humanities


                        Grants and Administration


    For necessary expenses to carry out the National Foundation on the 
Arts and the Humanities Act of 1965, as amended, $155,000,000, to remain 
available until expended, of which $140,700,000 shall be available for 
support of activities in the humanities, pursuant to section 7(c) of the 
Act and for administering the functions of the Act; and $14,300,000 
shall be available to carry out the matching grants program pursuant to 
section 10(a)(2) of the Act including $9,300,000 for the purposes of 
section 7(h): Provided, That appropriations for carrying out section 
10(a)(2) shall

[[Page 123 STAT. 743]]

be available for obligation only in such amounts as may be equal to the 
total amounts of gifts, bequests, and devises of money, and other 
property accepted by the chairman or by grantees of the Endowment under 
the provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during the 
current and preceding fiscal years for which equal amounts have not 
previously been appropriated.


                        Administrative Provision


    None of the funds appropriated to the National Foundation on the 
Arts and the Humanities may be used to process any grant or contract 
documents which do not include the text of 18 U.S.C. 1913: Provided, 
That none of the funds appropriated to the National Foundation on the 
Arts and the Humanities may be used for official reception and 
representation expenses: Provided further, That funds from 
nonappropriated sources may be used as necessary for official reception 
and representation expenses: Provided further, That <<NOTE: Grants.>>  
the Chairperson of the National Endowment for the Arts may approve 
grants of up to $10,000, if in the aggregate this amount does not exceed 
5 percent of the sums appropriated for grant-making purposes per year: 
Provided further, That such small grant actions are taken pursuant to 
the terms of an expressed and direct delegation of authority from the 
National Council on the Arts to the Chairperson.

                         Commission of Fine Arts

                          salaries and expenses

    For expenses made necessary by the Act establishing a Commission of 
Fine Arts (40 U.S.C. 104), $2,234,000: Provided, That the Commission is 
authorized to charge fees to cover the full costs of its publications, 
and such fees shall be credited to this account as an offsetting 
collection, to remain available until expended without further 
appropriation.


               National Capital Arts and Cultural Affairs


    For necessary expenses as authorized by Public Law 99-190 (20 U.S.C. 
956a), as amended, $9,500,000: Provided, That no organization shall 
receive a grant in excess of $650,000 in a single year.

                Advisory Council on Historic Preservation


                          salaries and expenses


    For necessary expenses of the Advisory Council on Historic 
Preservation (Public Law 89-665, as amended), $5,498,000: Provided, That 
none of these funds shall be available for compensation of level V of 
the Executive Schedule or higher positions.

                  National Capital Planning Commission


                          salaries and expenses


    For necessary expenses, as authorized by the National Capital 
Planning Act of 1952 (40 U.S.C. 71-71i), including services as 
authorized by 5 U.S.C. 3109, $8,328,000: Provided, That one-quarter

[[Page 123 STAT. 744]]

of 1 percent of the funds provided under this heading may be used for 
official reception and representational expenses associated with hosting 
international visitors engaged in the planning and physical development 
of world capitals.

                 United States Holocaust Memorial Museum


                        holocaust memorial museum


    For expenses of the Holocaust Memorial Museum, as authorized by 
Public Law 106-292 (36 U.S.C. 2301-2310), $47,260,000, of which $515,000 
for the Museum's equipment replacement program, $1,900,000 for the 
museum's repair and rehabilitation program and $1,264,000 for the 
museum's exhibition design and production program shall remain available 
until expended.

                             Presidio Trust


                           Presidio Trust Fund


    For necessary expenses to carry out title I of the Omnibus Parks and 
Public Lands Management Act of 1996, $17,450,000 shall be available to 
the Presidio Trust, to remain available until expended.

                Dwight D. Eisenhower Memorial Commission


                          Salaries and Expenses


    For necessary expenses, including the costs of construction design, 
of the Dwight D. Eisenhower Memorial Commission, $2,000,000, to remain 
available until expended.

                                TITLE IV

                           GENERAL PROVISIONS


                     (including transfers of funds)


    Sec. 401. <<NOTE: Contracts.>>  The expenditure of any appropriation 
under this Act for any consulting service through procurement contract, 
pursuant to 5 U.S.C. 3109, shall be limited to those contracts where 
such expenditures are a matter of public record and available for public 
inspection, except where otherwise provided under existing law, or under 
existing Executive Order issued pursuant to existing law.

    Sec. 402. <<NOTE: Lobbying.>>  No part of any appropriation 
contained in this Act shall be available for any activity or the 
publication or distribution of literature that in any way tends to 
promote public support or opposition to any legislative proposal on 
which Congressional action is not complete other than to communicate to 
Members of Congress as described in 18 U.S.C. 1913.

    Sec. 403. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 404. None of the funds provided in this Act to any department 
or agency shall be obligated or expended to provide a personal cook, 
chauffeur, or other personal servants to any officer or

[[Page 123 STAT. 745]]

employee of such department or agency except as otherwise provided by 
law.
    Sec. 405. <<NOTE: Budget estimates.>>  Estimated overhead charges, 
deductions, reserves or holdbacks from programs, projects, activities 
and subactivities to support government-wide, departmental, agency or 
bureau administrative functions or headquarters, regional or central 
operations shall be presented in annual budget justifications and 
subject to approval by the Committees on Appropriations. Changes to such 
estimates shall be presented to the Committees on Appropriations for 
approval.

    Sec. 406. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government except pursuant to a transfer made by, or transfer 
provided in, this Act or any other Act.
    Sec. 407. <<NOTE: Forests and forest products.>>  None of the funds 
in this Act may be used to plan, prepare, or offer for sale timber from 
trees classified as giant sequoia (Sequoiadendron giganteum) which are 
located on National Forest System or Bureau of Land Management lands in 
a manner different than such sales were conducted in fiscal year 2006.

    Sec. 408. <<NOTE: Patents. Mines and mining.>>  (a) Limitation of 
Funds.--None of the funds appropriated or otherwise made available 
pursuant to this Act shall be obligated or expended to accept or process 
applications for a patent for any mining or mill site claim located 
under the general mining laws.

    (b) Exceptions.--The provisions of subsection (a) shall not apply if 
the Secretary of the Interior determines that, for the claim concerned: 
(1) a patent application was filed with the Secretary on or before 
September 30, 1994; and (2) all requirements established under sections 
2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or 
lode claims and sections 2329, 2330, 2331, and 2333 of the Revised 
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337 
of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the case 
may be, were fully complied with by the applicant by that date.
    (c) Report.--On September 30, 2009, the Secretary of the Interior 
shall file with the House and Senate Committees on Appropriations and 
the Committee on Natural Resources of the House of Representatives and 
the Committee on Energy and Natural Resources of the Senate a report on 
actions taken by the Department under the plan submitted pursuant to 
section 314(c) of the Department of the Interior and Related Agencies 
Appropriations Act, 1997 (Public Law 104-208).
    (d) Mineral Examinations.--In order to process patent applications 
in a timely and responsible manner, upon the request of a patent 
applicant, the Secretary of the Interior shall allow the applicant to 
fund a qualified third-party contractor to be selected by the Bureau of 
Land Management to conduct a mineral examination of the mining claims or 
mill sites contained in a patent application as set forth in subsection 
(b). The Bureau of Land Management shall have the sole responsibility to 
choose and pay the third-party contractor in accordance with the 
standard procedures employed by the Bureau of Land Management in the 
retention of third-party contractors.
    Sec. 409. Notwithstanding any other provision of law, amounts 
appropriated to or otherwise designated in committee reports for the 
Bureau of Indian Affairs and the Indian Health Service by Public Laws 
103-138, 103-332, 104-134, 104-208, 105-83, 105-

[[Page 123 STAT. 746]]

277, 106-113, 106-291, 107-63, 108-7, 108-108, 108-447, 109-54, 109-289, 
division B and Continuing Appropriations Resolution, 2007 (division B of 
Public Law 109-289, as amended by Public Laws 110-5 and 110-28), and 
Public Law 110-161 for payments for contract support costs associated 
with self-determination or self-governance contracts, grants, compacts, 
or annual funding agreements with the Bureau of Indian Affairs or the 
Indian Health Service as funded by such Acts, are the total amounts 
available for fiscal years 1994 through 2008 for such purposes, except 
that for the Bureau of Indian Affairs, tribes and tribal organizations 
may use their tribal priority allocations for unmet contract support 
costs of ongoing contracts, grants, self-governance compacts, or annual 
funding agreements.
    Sec. 410. <<NOTE: Plan. 16 USC 1604 note.>>  Prior to October 1, 
2009, the Secretary of Agriculture shall not be considered to be in 
violation of subparagraph 6(f)(5)(A) of the Forest and Rangeland 
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) 
solely because more than 15 years have passed without revision of the 
plan for a unit of the National Forest System. Nothing in this section 
exempts the Secretary from any other requirement of the Forest and 
Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or 
any other law: Provided, That if the Secretary is not acting 
expeditiously and in good faith, within the funding available, to revise 
a plan for a unit of the National Forest System, this section shall be 
void with respect to such plan and a court of proper jurisdiction may 
order completion of the plan on an accelerated basis.

    Sec. 411. No funds provided in this Act may be expended to conduct 
preleasing, leasing and related activities under either the Mineral 
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands 
Act (43 U.S.C. 1331 et seq.) within the boundaries of a National 
Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431 
et seq.) as such boundary existed on January 20, 2001, except where such 
activities are allowed under the Presidential proclamation establishing 
such monument.
    Sec. 412. <<NOTE: Contracts. Foreign relations. Wildfires.>>  In 
entering into agreements with foreign countries pursuant to the Wildfire 
Suppression Assistance Act (42 U.S.C. 1856m) the Secretary of 
Agriculture and the Secretary of the Interior are authorized to enter 
into reciprocal agreements in which the individuals furnished under said 
agreements to provide wildfire services are considered, for purposes of 
tort liability, employees of the country receiving said services when 
the individuals are engaged in fire suppression: Provided, That the 
Secretary of Agriculture or the Secretary of the Interior shall not 
enter into any agreement under this provision unless the foreign country 
(either directly or through its fire organization) agrees to assume any 
and all liability for the acts or omissions of American firefighters 
engaged in firefighting in a foreign country: Provided further, That 
when an agreement is reached for furnishing fire fighting services, the 
only remedies for acts or omissions committed while fighting fires shall 
be those provided under the laws of the host country, and those remedies 
shall be the exclusive remedies for any claim arising out of fighting 
fires in a foreign country: Provided further, That neither the sending 
country nor any legal organization associated with the firefighter shall 
be subject to any legal action whatsoever pertaining to or arising out 
of the firefighter's role in fire suppression.

[[Page 123 STAT. 747]]

    Sec. 413. <<NOTE: Contracts. Urban and rural areas.>>  In awarding a 
Federal contract with funds made available by this Act, notwithstanding 
Federal Government procurement and contracting laws, the Secretary of 
Agriculture and the Secretary of the Interior (the ``Secretaries'') may, 
in evaluating bids and proposals, give consideration to local 
contractors who are from, and who provide employment and training for, 
dislocated and displaced workers in an economically disadvantaged rural 
community, including those historically timber-dependent areas that have 
been affected by reduced timber harvesting on Federal lands and other 
forest-dependent rural communities isolated from significant alternative 
employment opportunities: Provided, That notwithstanding Federal 
Government procurement and contracting laws the Secretaries may award 
contracts, grants or cooperative agreements to local non-profit 
entities, Youth Conservation Corps or related partnerships with State, 
local or non-profit youth groups, or small or micro-business or 
disadvantaged business: Provided further, That the contract, grant, or 
cooperative agreement is for forest hazardous fuels reduction, watershed 
or water quality monitoring or restoration, wildlife or fish population 
monitoring, or habitat restoration or management: Provided further, That 
the terms ``rural community'' and ``economically disadvantaged'' shall 
have the same meanings as in section 2374 of Public Law 101-624: 
Provided further, That <<NOTE: Guidance.>>  the Secretaries shall 
develop guidance to implement this section: Provided further, That 
nothing in this section shall be construed as relieving the Secretaries 
of any duty under applicable procurement laws, except as provided in 
this section.

    Sec. 414. <<NOTE: Competitive sourcing.>>  None of the funds made 
available by this or any other Act may be used in fiscal year 2009 for 
competitive sourcing studies and any related activities involving Forest 
Service personnel.

    Sec. 415. Unless otherwise provided herein, no funds appropriated in 
this Act for the acquisition of lands or interests in lands may be 
expended for the filing of declarations of taking or complaints in 
condemnation without the approval of the House and Senate Committees on 
Appropriations: Provided, That this provision shall not apply to funds 
appropriated to implement the Everglades National Park Protection and 
Expansion Act of 1989, or to funds appropriated for Federal assistance 
to the State of Florida to acquire lands for Everglades restoration 
purposes.
    Sec. 416. None of the funds made available under this Act may be 
used to promulgate or implement the Environmental Protection Agency 
proposed regulations published in the Federal Register on January 3, 
2007 (72 Fed. Reg. 69).
    Sec. 417. Section 337(a) of the Department of the Interior and 
Related Agencies Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 
3012) is amended by striking ``September 30, 2006'' and inserting 
``September 30, 2010''.
    Sec. 418. <<NOTE: 43 USC 1701 note.>>  Section 330 of Public Law 
106-291 concerning Service First authorities (114 Stat. 996), as amended 
by section 428 of Public Law 109-54 (119 Stat. 555-556), is further 
amended by striking ``2008'' and inserting in lieu thereof ``2011''.

    Sec. 419. Section 422 of title IV of division F of Public Law 110-
161 is <<NOTE: 121 Stat. 2149.>>  amended by inserting after ``fiscal 
year 2007'' the following: ``and subsequent fiscal years through fiscal 
year 2014''.

    Sec. 420. In addition to the amounts otherwise provided to the 
Environmental Protection Agency in this Act, $8,000,000, to

[[Page 123 STAT. 748]]

remain available until expended, is provided to EPA to be transferred to 
the Department of the Navy for clean-up activities at the Treasure 
Island Naval Station--Hunters Point Annex.
    Sec. 421. <<NOTE: Alaska.>>  The boundaries of the Tongass National 
Forest in the State of Alaska are modified to include the approximately 
1,043.38 acres of land acquired by the United States from the Alaska 
Mental Health Trust Authority, which is more particularly described as 
lots 1-B and 1-C, Mt. Verstovia-Gavan Hill Subdivision of U.S. Survey 
No. 3858 and U.S. Survey No. 3849.

    Sec. 422. Title V of the Forest Service Realignment and Enhancement 
Act, 2005, Public Law 109-54, 119 Stat. 559-563; 16 U.S.C. 580d note, is 
amended as follows:
            (1) In section 503, subsection (f) by striking ``2008'' and 
        inserting in lieu thereof ``2011'' and;
            (2) In section 504--
                    (A) in subsection (a)(3) by striking in whole, and 
                inserting in lieu thereof ``Terms, conditions, and 
                reservations.--The conveyance of an administrative site 
                under this title shall be subject to such terms, 
                conditions, and reservations as the Secretary determines 
                to be necessary to protect the public interest'';
                    (B) in subsection (d)(1) by striking ``Subchapter I 
                of chapter 5'', and inserting in lieu thereof ``Chapter 
                5 of subtitle I''; and
                    (C) in subsection (d)(4)(B) by striking in whole, 
                and inserting in lieu thereof ``determine whether to 
                include terms, conditions, and reservations under 
                subsection (a)(3); and''.

    Sec. 423. Lake Tahoe Basin Hazardous Fuel Reduction Projects. (a) 
Hereafter, subject to subsection (b), a proposal to authorize a 
hazardous fuel reduction project, not to exceed 5,000 acres, including 
no more than 1,500 acres of mechanical thinning, on the Lake Tahoe Basin 
Management Unit may be categorically excluded from documentation in an 
environmental impact statement or an environmental assessment under the 
National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et 
seq.) if the project:
            (1) is consistent with the Lake Tahoe Basin Multi-
        Jurisdictional Fuel Reduction and Wildfire Prevention Strategy 
        published in December 2007 and any subsequent revisions to the 
        Strategy;
            (2) is not conducted in any wilderness areas; and
            (3) does not involve any new permanent roads.

    (b) A proposal that is categorically excluded under this section 
shall be subject to--
            (1) the extraordinary circumstances procedures established 
        by the Forest Service pursuant to section 1508.4 of title 40, 
        Code of Federal Regulations; and
            (2) an opportunity for public input.

    Sec. 424. <<NOTE: Deadline. Determination. Greenhouse gas 
emissions.>>  Not later than June 30, 2009, the Administrator of the 
Environmental Protection Agency shall reconsider, and confirm or 
reverse, the decision to deny the request of the State of California to 
regulate greenhouse gas emissions from new motor vehicles.

    Sec. 425. Toxics Release Inventory Reporting. Notwithstanding any 
other provision of law--

[[Page 123 STAT. 749]]

            (1) none of the funds made available by this or any other 
        Act may, hereafter, be used to implement the final rule 
        promulgated by the Administrator of the Environmental Protection 
        Agency entitled ``Toxics Release Inventory Burden Reduction 
        Final Rule'' (71 Fed. Reg. 76932); and
            (2) the final rule described in paragraph (1) shall have no 
        force or effect. The affected regulatory text shall revert to 
        what it was before the final rule described in paragraph (1) 
        became effective, until any future action taken by the 
        Administrator.

    Sec. 426. Section 325 of Public Law 108-108 <<NOTE: 43 USC 1752 
note.>>  is amended by striking ``fiscal years 2004-2008'' and inserting 
``fiscal year 2009.''

    Sec. 427. <<NOTE: Contracts.>>  The Secretary of Agriculture and the 
Secretary of the Interior shall execute an agreement that transfers 
management and oversight including transfer of function for the 
workforce, of the Centennial, Collbran, Columbia Basin, Fort Simcoe, 
Treasure Lake, and Weber Basin Job Corps Centers to the Forest Service. 
These Job Corps centers shall continue to be administered as described 
in section 147(c) of Public Law 105-220, Workforce Investment Act of 
1998.

    Sec. 428. Section 434 of division F of Public Law <<NOTE: 16 USC 
2104 note.>>  110-161 is amended by striking paragraph (3) and inserting 
a new paragraph (3) as follows:
            ``(3) By adding at the end the following:

    `` `(m) Section <<NOTE: Applicability.>>  106 of Public Law 108-148 
shall apply to all projects authorized by this Act. Sections 104 and 105 
of Public Law 108-148 may be applied to projects authorized by this 
Act.'. ''.

    Sec. 429. (a) <<NOTE: Time period.>>  During the 60-day period 
beginning on the date of the enactment of this Act--
            (1) the Secretary of the Interior and the Secretary of 
        Commerce may withdraw or reissue the rule described in 
        subsection (c)(1) without regard to any provision of statute or 
        regulation that establishes a requirement for such withdrawal; 
        and
            (2) the Secretary of the Interior may withdraw or reissue 
        the rule referred to in subsection (c)(2) without regard to any 
        provision of statute or regulation that establishes a 
        requirement for such withdrawal.

    (b) If the Secretary of the Interior or the Secretary of Commerce 
(or both) withdraws a rule under subsection (a), such Secretary shall 
implement the provisions of law under which the rule was issued in 
accordance with the regulations in effect under such provisions 
immediately before the effective date of such rule, except as otherwise 
provided by any Act or rule that takes effect after the effective date 
of the rule that is withdrawn.
    (c) The rules referred to in subsection (a) are the following:
            (1) The <<NOTE: Endangered species.>>  final rule relating 
        to ``Interagency Cooperation under the Endangered Species Act'', 
        issued by the United States Fish and Wildlife Service and the 
        National Marine Fisheries Service and signed November 26, 2008, 
        by the Assistant Secretary of Fish and Wildlife and Parks of the 
        Department of the Interior and the Deputy Assistant 
        Administrator for the Regulatory Programs of the National Marine 
        Fisheries Service.
            (2) The <<NOTE: Polar bear.>>  final rule relating to 
        ``Endangered and Threatened Wildlife and Plants; Special Rule 
        for the Polar Bear'', issued by the Assistant Secretary of Fish 
        and Wildlife and Parks of the Department of the Interior on 
        December 10, 2008.

[[Page 123 STAT. 750]]

    Sec. 430. Within the amounts appropriated in this division, funding 
shall be allocated in the amounts specified for those projects and 
purposes delineated in the table titled ``Congressionally Directed 
Spending'' included in the explanatory statement accompanying this Act 
(as described in section 4, in the matter preceding division A of this 
consolidated Act).
    This division may be cited as the ``Department of the Interior, 
Environment, and Related Agencies Appropriations Act, 2009''.

 DIVISION F--DEPARTMENTS <<NOTE: Department of Labor, Health and Human 
 Services, and Related Agencies Appropriations Act, 2009. Department of 
Labor Appropriations Act, 2009.>>  OF LABOR, HEALTH AND HUMAN SERVICES, 
AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2009

                                 TITLE I

                           DEPARTMENT OF LABOR

                 Employment and Training Administration


                    Training and Employment Services


    For necessary expenses of the Workforce Investment Act of 1998 
(``WIA''), the Denali Commission Act of 1998, and the Women in 
Apprenticeship and Non-Traditional Occupations Act of 1992, including 
the purchase and hire of passenger motor vehicles, the construction, 
alteration, and repair of buildings and other facilities, and the 
purchase of real property for training centers as authorized by the WIA; 
$3,626,448,000, plus reimbursements, shall be available. Of the amounts 
provided:
            (1) for grants to States for adult employment and training 
        activities, youth activities, and dislocated worker employment 
        and training activities, $2,969,449,000 as follows:
                    (A) $861,540,000 for adult employment and training 
                activities, of which $149,540,000 shall be available for 
                the period July 1, 2009, through June 30, 2010, and of 
                which $712,000,000 shall be available for the period 
                October 1, 2009 through June 30, 2010;
                    (B) $924,069,000 for youth activities, which shall 
                be available for the period April 1, 2009 through June 
                30, 2010; and
                    (C) $1,183,840,000 for dislocated worker employment 
                and training activities, of which $335,840,000 shall be 
                available for the period July 1, 2009 through June 30, 
                2010, and of which $848,000,000 shall be available for 
                the period October 1, 2009 through June 30, 2010:
        Provided, That notwithstanding the transfer limitation under 
        section 133(b)(4) of the WIA, up to 30 percent of such funds may 
        be transferred by a local board if approved by the Governor;
            (2) for federally administered programs, $489,429,000 as 
        follows:
                    (A) $283,051,000 for the dislocated workers 
                assistance national reserve, of which $71,051,000 shall 
                be available for the period July 1, 2009 through June 
                30, 2010, and of which $212,000,000 shall be available 
                for the period October 1, 2009 through June 30, 2010: 
                Provided, That up to $125,000,000 may be made available 
                for Community-

[[Page 123 STAT. 751]]

                Based Job Training grants from funds reserved under 
                section 132(a)(2)(A) of the WIA and shall be used to 
                carry out such grants under section 171(d) of such Act, 
                except that the 10 percent limitation otherwise 
                applicable to the amount of funds that may be used to 
                carry out section 171(d) shall not be applicable to 
                funds used for Community-Based Job Training grants: 
                Provided further, That funds provided to carry out 
                section 132(a)(2)(A) of the WIA may be used to provide 
                assistance to a State for State-wide or local use in 
                order to address cases where there have been worker 
                dislocations across multiple sectors or across multiple 
                local areas and such workers remain dislocated; 
                coordinate the State workforce development plan with 
                emerging economic development needs; and train such 
                eligible dislocated workers: Provided further, That 
                funds provided to carry out section 171(d) of the WIA 
                may be used for demonstration projects that provide 
                assistance to new entrants in the workforce and 
                incumbent workers;
                    (B) $52,758,000 for Native American programs, which 
                shall be available for the period July 1, 2009 through 
                June 30, 2010;
                    (C) $82,620,000 for migrant and seasonal farmworker 
                programs under section 167 of the WIA, including 
                $76,710,000 for formula grants (of which not less that 
                70 percent shall be for employment and training 
                services), $5,400,000 for migrant and seasonal housing 
                (of which not less than 70 percent shall be for 
                permanent housing), and $510,000 for other discretionary 
                purposes, which shall be available for the period July 
                1, 2009 through June 30, 2010: Provided, That 
                notwithstanding any other provision of law or related 
                regulation, the Department of Labor shall take no action 
                limiting the number or proportion of eligible 
                participants receiving related assistance services or 
                discouraging grantees from providing such services;
                    (D) $1,000,000 for carrying out the Women in 
                Apprenticeship and Nontraditional Occupations Act, which 
                shall be available for the period July 1, 2009 through 
                June 30, 2010; and
                    (E) $70,000,000 for YouthBuild activities as 
                described in section 173A of the WIA, which shall be 
                available for the period April 1, 2009 through June 30, 
                2010: Provided, That for program years 2008 and 2009, 
                the YouthBuild program may serve an individual who has 
                dropped out of high school and re-enrolled in an 
                alternative school, if that re-enrollment is part of a 
                sequential service strategy;
            (3) for national activities, $167,570,000, as follows:
                    (A) $48,781,000 for Pilots, Demonstrations, and 
                Research, which shall be available for the period April 
                1, 2009 through June 30, 2010, of which $5,000,000 shall 
                be for competitive grants to address the employment and 
                training needs of young parents (notwithstanding the 
                requirements of section 171(b)(2)(B) or 171(c)(4)(D) of 
                the WIA), and of which $41,324,000 shall be used for the 
                projects, and in the amounts, specified under the 
                heading ``Training and Employment Services'' in the 
                explanatory statement described in section 4 (in the 
                matter preceding division A of this consolidated Act): 
                Provided, That funding

[[Page 123 STAT. 752]]

                provided to carry out such projects shall not be subject 
                to the requirements of sections 171(b)(2)(B) and 
                171(c)(4)(D) of the WIA, the joint funding requirements 
                of sections 171(b)(2)(A) and 171(c)(4)(A) of the WIA, or 
                any time limit requirements of sections 171(b)(2)(C) and 
                171(c)(4)(B) of the WIA;
                    (B) $108,493,000 for ex-offender activities, under 
                the authority of section 171 of the WIA, which shall be 
                available for the period April 1, 2009 through June 30, 
                2010, notwithstanding the requirements of section 
                171(b)(2)(B) or 171(c)(4)(D): Provided, That not less 
                than $88,500,000 shall be for youthful offender 
                activities, of which $35,000,000 shall be for a program 
                of competitive grants to local educational agencies or 
                community-based organizations to develop and implement 
                mentoring strategies that integrate educational and 
                employment interventions designed to prevent youth 
                violence in schools identified as persistently dangerous 
                under section 9532 of the Elementary and Secondary 
                Education Act;
                    (C) $6,918,000 for Evaluation, which shall be 
                available for the period July 1, 2009 through June 30, 
                2010; and
                    (D) $3,378,000 for the Denali Commission, which 
                shall be available for the period July 1, 2009 through 
                June 30, 2010.


            Community Service Employment for Older Americans


    To carry out title V of the Older Americans Act of 1965, 
$571,925,000, which shall be available for the period July 1, 2009 
through June 30, 2010: Provided, That funds made available under this 
heading in this Act may, in accordance with section 517(c) of the Older 
Americans Act of 1965, be recaptured and reobligated.


              Federal Unemployment Benefits and Allowances


    For payments during fiscal year 2009 of trade adjustment benefit 
payments and allowances under part I of subchapter B of chapter 2 of 
title II of the Trade Act of 1974, and section 246 of that Act; and for 
training, employment and case management services, allowances for job 
search and relocation, and related State administrative expenses under 
part II of subchapter B of chapter 2 of title II of the Trade Act of 
1974, $958,800,000, together with such amounts as may be necessary to be 
charged to the subsequent appropriation for payments for any period 
subsequent to September 15, 2009.


     State Unemployment Insurance and Employment Service Operations


    For authorized administrative expenses, $91,698,000, together with 
not to exceed $3,563,167,000 which may be expended from the Employment 
Security Administration Account in the Unemployment Trust Fund (``the 
Trust Fund''), of which:
            (1) $2,782,145,000 from the Trust Fund is for grants to 
        States for the administration of State unemployment insurance 
        laws as authorized under title III of the Social Security Act 
        (including $10,000,000 to conduct in-person reemployment and 
        eligibility assessments and unemployment insurance improper

[[Page 123 STAT. 753]]

        payment reviews), the administration of unemployment insurance 
        for Federal employees and for ex-service members as authorized 
        under 5 U.S.C. 8501-8523, and the administration of trade 
        readjustment allowances and alternative trade adjustment 
        assistance under the Trade Act of 1974, and shall be available 
        for obligation by the States through December 31, 2009, except 
        that funds used for automation acquisitions shall be available 
        for obligation by the States through September 30, 2011, and 
        funds used for unemployment insurance workloads experienced by 
        the States through September 30, 2009 shall be available for 
        Federal obligation through December 31, 2009;
            (2) $11,310,000 from the Trust Fund is for national 
        activities necessary to support the administration of the 
        Federal-State unemployment insurance system;
            (3) $680,893,000 from the Trust Fund, together with 
        $22,683,000 from the General Fund of the Treasury, is for grants 
        to States in accordance with section 6 of the Wagner-Peyser Act, 
        and shall be available for Federal obligation for the period 
        July 1, 2009 through June 30, 2010;
            (4) $20,869,000 from the Trust Fund is for national 
        activities of the Employment Service, including administration 
        of the work opportunity tax credit under section 51 of the 
        Internal Revenue Code of 1986, and the provision of technical 
        assistance and staff training under the Wagner-Peyser Act, 
        including not to exceed $1,228,000 that may be used for 
        amortization payments to States which had independent retirement 
        plans in their State employment service agencies prior to 1980;
            (5) $67,950,000 from the Trust Fund is for the 
        administration of foreign labor certifications and related 
        activities under the Immigration and Nationality Act and related 
        laws, of which $52,821,000 shall be available for the Federal 
        administration of such activities, and $15,129,000 shall be 
        available for grants to States for the administration of such 
        activities;
            (6) $51,720,000 from the General Fund is to provide 
        workforce information, national electronic tools, and one-stop 
        system building under the Wagner-Peyser Act and section 171 
        (e)(2)(C) of the Workforce Investment Act of 1998 and shall be 
        available for Federal obligation for the period July 1, 2009 
        through June 30, 2010; and
            (7) $17,295,000 from the General Fund is to provide for work 
        incentive grants to the States and shall be available for the 
        period July 1, 2009 through June 30, 2010:

Provided, That to the extent that the Average Weekly Insured 
Unemployment (``AWIU'') for fiscal year 2009 is projected by the 
Department of Labor to exceed 3,487,000, an additional $28,600,000 from 
the Trust Fund shall be available for obligation for every 100,000 
increase in the AWIU level (including a pro rata amount for any 
increment less than 100,000) to carry out title III of the Social 
Security Act: Provided further, That funds appropriated in this Act that 
are allotted to a State to carry out activities under title III of the 
Social Security Act may be used by such State to assist other States in 
carrying out activities under such title III if the other States include 
areas that have suffered a major disaster declared by the President 
under the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act: Provided further, That the Secretary of Labor may use funds 
appropriated for grants

[[Page 123 STAT. 754]]

to States under title III of the Social Security Act to make payments on 
behalf of States for the use of the National Directory of New Hires 
under section 453(j)(8) of such Act: Provided further, That funds 
appropriated in this Act which are used to establish a national one-stop 
career center system, or which are used to support the national 
activities of the Federal-State unemployment insurance or immigration 
programs, may be obligated in contracts, grants, or agreements with non-
State entities: Provided further, That funds appropriated under this Act 
for activities authorized under title III of the Social Security Act and 
the Wagner-Peyser Act may be used by States to fund integrated 
Unemployment Insurance and Employment Service automation efforts, 
notwithstanding cost allocation principles prescribed under the Office 
of Management and Budget Circular A-87: Provided further, That the 
Secretary, at the request of a State participating in a consortium with 
other States, may reallot funds allotted to such State under title III 
of the Social Security Act to other States participating in the 
consortium in order to carry out activities that benefit the 
administration of the unemployment compensation law of the State making 
the request.
    In addition, $40,000,000 from the Employment Security Administration 
Account of the Unemployment Trust Fund shall be available to conduct in-
person reemployment and eligibility assessments and unemployment 
insurance improper payment reviews: Provided, 
That <<NOTE: Deadline. Reports.>>  not later than June 30, 2010, the 
Secretary shall submit an interim report to the Congress that includes 
available information on expenditures, number of individuals assessed, 
and outcomes from the assessments: <<NOTE: Deadline. Reports.>>  
Provided further, That not later than June 30, 2011, the Secretary of 
Labor shall submit to the Congress a final report containing 
comprehensive information on the estimated savings that result from the 
assessments of claimants and identification of best practices.


         Advances to the Unemployment Trust Fund and Other Funds


    For repayable advances to the Unemployment Trust Fund as authorized 
by sections 905(d) and 1203 of the Social Security Act, and to the Black 
Lung Disability Trust Fund as authorized by section 9501(c)(1) of the 
Internal Revenue Code of 1954; and for nonrepayable advances to the 
Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and to the 
``Federal unemployment benefits and allowances'' account, to remain 
available through September 30, 2010, $422,000,000.
    In addition, for making repayable advances to the Black Lung 
Disability Trust Fund in the current fiscal year after September 15, 
2009, for costs incurred by the Black Lung Disability Trust Fund in the 
current fiscal year, such sums as may be necessary.


                         Program Administration


    For expenses of administering employment and training programs, 
$85,323,000, together with not to exceed $45,140,000, which may be 
expended from the Employment Security Administration Account in the 
Unemployment Trust Fund.

[[Page 123 STAT. 755]]

                Employee Benefits Security Administration


                          salaries and expenses


    For necessary expenses for the Employee Benefits Security 
Administration, $143,419,000.

                  Pension Benefit Guaranty Corporation


                Pension Benefit Guaranty Corporation Fund


    The Pension Benefit Guaranty Corporation (``Corporation'') is 
authorized to make such expenditures, including financial assistance 
authorized by subtitle E of title IV of the Employee Retirement Income 
Security Act of 1974, within limits of funds and borrowing authority 
available to the Corporation, and in accord with law, and to make such 
contracts and commitments without regard to fiscal year limitations as 
provided by 31 U.S.C. 9104 as may be necessary in carrying out the 
program, including associated administrative expenses, through September 
30, 2009, for the Corporation: Provided, That none of the funds 
available to the Corporation for fiscal year 2009 shall be available for 
obligations for administrative expenses in excess of $444,722,000: 
Provided further, That to the extent that the number of new plan 
participants in plans terminated by the Corporation exceeds 100,000 in 
fiscal year 2009, an amount not to exceed an additional $9,200,000 shall 
be available for obligation for administrative expenses for every 20,000 
additional terminated participants: <<NOTE: Notification.>>  Provided 
further, That an additional $50,000 shall be made available for 
obligation for investment management fees for every $25,000,000 in 
assets received by the Corporation as a result of new plan terminations 
or asset growth, after approval by the Office of Management and Budget 
and notification of the Committees on Appropriations of the House of 
Representatives and the Senate: <<NOTE: Notification.>>  Provided 
further, That obligations in excess of the amounts provided in this 
paragraph may be incurred for unforeseen and extraordinary pre-
termination expenses after approval by the Office of Management and 
Budget and notification of the Committees on Appropriations of the House 
of Representatives and the Senate.

                   Employment Standards Administration

                          salaries and expenses

                         (including rescission)

    For necessary expenses for the Employment Standards Administration, 
including reimbursement to State, Federal, and local agencies and their 
employees for inspection services rendered, $438,166,000, together with 
$2,101,000 which may be expended from the Special Fund in accordance 
with sections 39(c), 44(d), and 44(j) of the Longshore and Harbor 
Workers' Compensation Act: Provided, That <<NOTE: Fees.>>  the Secretary 
of Labor is authorized to establish and, in accordance with 31 U.S.C 
3302, collect and deposit in the Treasury fees for processing 
applications and issuing certificates under sections 11(d) and 14 of the 
Fair Labor Standards Act of 1938 and for processing applications and 
issuing registrations under

[[Page 123 STAT. 756]]

title I of the Migrant and Seasonal Agricultural Worker Protection Act.

    Of the unobligated funds collected pursuant to section 286(v) of the 
Immigration and Nationality Act, $97,000,000 are rescinded as of 
September 30, 2009.

                            special benefits

                      (including transfer of funds)

    For the payment of compensation, benefits, and expenses (except 
administrative expenses) accruing during the current or any prior fiscal 
year authorized by 5 U.S.C. 81; continuation of benefits as provided for 
under the heading ``Civilian War Benefits'' in the Federal Security 
Agency Appropriation Act, 1947; the Employees' Compensation Commission 
Appropriation Act, 1944; sections 4(c) and 5(f) of the War Claims Act of 
1948; and 50 percent of the additional compensation and benefits 
required by section 10(h) of the Longshore and Harbor Workers' 
Compensation Act, $163,000,000, together with such amounts as may be 
necessary to be charged to the subsequent year appropriation for the 
payment of compensation and other benefits for any period subsequent to 
August 15 of the current year: Provided, That amounts appropriated may 
be used under 5 U.S.C. 8104, by the Secretary of Labor to reimburse an 
employer, who is not the employer at the time of injury, for portions of 
the salary of a reemployed, disabled beneficiary: Provided further, That 
balances of reimbursements unobligated on September 30, 2008, shall 
remain available until expended for the payment of compensation, 
benefits, and expenses: Provided further, That in addition there shall 
be transferred to this appropriation from the Postal Service and from 
any other corporation or instrumentality required under 5 U.S.C. 8147(c) 
to pay an amount for its fair share of the cost of administration, such 
sums as the Secretary determines to be the cost of administration for 
employees of such fair share entities through September 30, 2009: 
Provided further, That of those funds transferred to this account from 
the fair share entities to pay the cost of administration of the Federal 
Employees' Compensation Act, $52,720,000 shall be made available to the 
Secretary as follows:
            (1) For enhancement and maintenance of automated data 
        processing systems and telecommunications systems, $15,068,000;
            (2) For automated workload processing operations, including 
        document imaging, centralized mail intake, and medical bill 
        processing, $23,273,000;
            (3) For periodic roll management and medical review, 
        $14,379,000; and
            (4) The remaining funds shall be paid into the Treasury as 
        miscellaneous receipts:

Provided further, That the Secretary may require that any person filing 
a notice of injury or a claim for benefits under 5 U.S.C. 81, or the 
Longshore and Harbor Workers' Compensation Act, provide as part of such 
notice and claim, such identifying information (including Social 
Security account number) as such regulations may prescribe.

[[Page 123 STAT. 757]]

                Special Benefits for Disabled Coal Miners


    For carrying out title IV of the Federal Mine Safety and Health Act 
of 1977, as amended by Public Law 107-275, $188,130,000, to remain 
available until expended.
    For making after July 31 of the current fiscal year, benefit 
payments to individuals under title IV of such Act, for costs incurred 
in the current fiscal year, such amounts as may be necessary.
    For making benefit payments under title IV for the first quarter of 
fiscal year 2010, $56,000,000, to remain available until expended.


     Administrative Expenses, Energy Employees Occupational Illness 
                            Compensation Fund


    For necessary expenses to administer the Energy Employees 
Occupational Illness Compensation Program Act, $49,654,000, to remain 
available until expended: Provided, That the Secretary of Labor may 
require that any person filing a claim for benefits under the Act 
provide as part of such claim, such identifying information (including 
Social Security account number) as may be prescribed.


                    Black Lung Disability Trust Fund


                      (including transfer of funds)


    In fiscal <<NOTE: 26 USC 9501 note.>>  year 2009 and thereafter, 
such sums as may be necessary from the Black Lung Disability Trust Fund 
(``Fund''), to remain available until expended, for payment of all 
benefits authorized by section 9501(d)(1), (2), (4), and (7) of the 
Internal Revenue Code of 1954; and interest on advances, as authorized 
by section 9501(c)(2) of that Act. In addition, the following amounts 
may be expended from the Fund for fiscal year 2009 for expenses of 
operation and administration of the Black Lung Benefits program, as 
authorized by section 9501(d)(5): not to exceed $32,308,000 for transfer 
to the Employment Standards Administration ``Salaries and Expenses''; 
not to exceed $24,694,000 for transfer to Departmental Management, 
``Salaries and Expenses''; not to exceed $325,000 for transfer to 
Departmental Management, ``Office of Inspector General''; and not to 
exceed $356,000 for payments into miscellaneous receipts for the 
expenses of the Department of the Treasury.

              Occupational Safety and Health Administration


                          Salaries and Expenses


    For necessary expenses for the Occupational Safety and Health 
Administration, $513,042,000, including not to exceed $92,593,000 which 
shall be the maximum amount available for grants to States under section 
23(g) of the Occupational Safety and Health Act (``Act''), which grants 
shall be no less than 50 percent of the costs of State occupational 
safety and health programs required to be incurred under plans approved 
by the Secretary of Labor under section 18 of the Act; and, in addition, 
notwithstanding 31 U.S.C. 3302, the Occupational Safety and Health 
Administration may retain up to $750,000 per fiscal year of training 
institute course tuition fees, otherwise authorized by law to be 
collected, and may utilize such sums for occupational safety and health 
training and

[[Page 123 STAT. 758]]

education grants: <<NOTE: Fees.>>  Provided, That, notwithstanding 31 
U.S.C. 3302, the Secretary is authorized, during the fiscal year ending 
September 30, 2009, to collect and retain fees for services provided to 
Nationally Recognized Testing Laboratories, and may utilize such sums, 
in accordance with the provisions of 29 U.S.C. 9a, to administer 
national and international laboratory recognition programs that ensure 
the safety of equipment and products used by workers in the 
workplace: <<NOTE: Farms and farming.>>  Provided further, That none of 
the funds appropriated under this paragraph shall be obligated or 
expended to prescribe, issue, administer, or enforce any standard, rule, 
regulation, or order under the Act which is applicable to any person who 
is engaged in a farming operation which does not maintain a temporary 
labor camp and employs 10 or fewer employees: <<NOTE: Small 
businesses.>>  Provided further, That no funds appropriated under this 
paragraph shall be obligated or expended to administer or enforce any 
standard, rule, regulation, or order under the Act with respect to any 
employer of 10 or fewer employees who is included within a category 
having a Days Away, Restricted, or Transferred (DART) occupational 
injury and illness rate, at the most precise industrial classification 
code for which such data are published, less than the national average 
rate as such rates are most recently published by the Secretary, acting 
through the Bureau of Labor Statistics, in accordance with section 24 of 
the Act, except--
            (1) to provide, as authorized by the Act, consultation, 
        technical assistance, educational and training services, and to 
        conduct surveys and studies;
            (2) to conduct an inspection or investigation in response to 
        an employee complaint, to issue a citation for violations found 
        during such inspection, and to assess a penalty for violations 
        which are not corrected within a reasonable abatement period and 
        for any willful violations found;
            (3) to take any action authorized by the Act with respect to 
        imminent dangers;
            (4) to take any action authorized by the Act with respect to 
        health hazards;
            (5) to take any action authorized by the Act with respect to 
        a report of an employment accident which is fatal to one or more 
        employees or which results in hospitalization of two or more 
        employees, and to take any action pursuant to such investigation 
        authorized by the Act; and
            (6) to take any action authorized by the Act with respect to 
        complaints of discrimination against employees for exercising 
        rights under the Act:

Provided further, That <<NOTE: Farms and farming.>>  the foregoing 
proviso shall not apply to any person who is engaged in a farming 
operation which does not maintain a temporary labor camp and employs 10 
or fewer employees: Provided further, That $10,000,000 shall be 
available for Susan Harwood training grants, of which $3,144,000 shall 
be used for the Institutional Competency Building training grants 
awarded in February 2008, provided that a grantee has demonstrated 
satisfactory performance: <<NOTE: Grants. Deadline.>>  Provided further, 
That such grants shall be awarded not later than 30 days after the date 
of enactment of this Act.

[[Page 123 STAT. 759]]

                  Mine Safety and Health Administration


                          Salaries and Expenses


    For necessary <<NOTE: 30 USC 962.>>  expenses for the Mine Safety 
and Health Administration, $347,003,000, including purchase and bestowal 
of certificates and trophies in connection with mine rescue and first-
aid work, and the hire of passenger motor vehicles, including up to 
$2,000,000 for mine rescue and recovery activities, and $1,808,000 to 
continue the project with the United Mine Workers of America, for 
classroom and simulated rescue training for mine rescue teams; in 
addition, not to exceed $750,000 may be collected by the National Mine 
Health and Safety Academy for room, board, tuition, and the sale of 
training materials, otherwise authorized by law to be collected, to be 
available for mine safety and health education and training activities, 
notwithstanding 31 U.S.C. 3302; and, in addition, the Mine Safety and 
Health Administration may retain up to $1,000,000 from fees collected 
for the approval and certification of equipment, materials, and 
explosives for use in mines, and may utilize such sums for such 
activities; the Secretary of Labor is authorized to accept lands, 
buildings, equipment, and other contributions from public and private 
sources and to prosecute projects in cooperation with other agencies, 
Federal, State, or private; the Mine Safety and Health Administration is 
authorized to promote health and safety education and training in the 
mining community through cooperative programs with States, industry, and 
safety associations; the Secretary is authorized to recognize the Joseph 
A. Holmes Safety Association as a principal safety association and, 
notwithstanding any other provision of law, may provide funds and, with 
or without reimbursement, personnel, including service of Mine Safety 
and Health Administration officials as officers in local chapters or in 
the national organization; and any funds available to the Department of 
Labor may be used, with the approval of the Secretary, to provide for 
the costs of mine rescue and survival operations in the event of a major 
disaster.

                       Bureau of Labor Statistics


                          Salaries and Expenses


    For necessary expenses for the Bureau of Labor Statistics, including 
advances or reimbursements to State, Federal, and local agencies and 
their employees for services rendered, $518,918,000, together with not 
to exceed $78,264,000, which may be expended from the Employment 
Security Administration Account in the Unemployment Trust Fund, of which 
$1,500,000 may be used to fund the mass layoff statistics program under 
section 15 of the Wagner-Peyser Act: <<NOTE: Survey.>>  Provided, That 
the Current Employment Survey shall maintain the content of the survey 
issued prior to June 2005 with respect to the collection of data for the 
women worker series.

                 Office of Disability Employment Policy


                          salaries and expenses


    For necessary expenses for the Office of Disability Employment 
Policy to provide leadership, develop policy and initiatives, and award 
grants furthering the objective of eliminating barriers to

[[Page 123 STAT. 760]]

the training and employment of people with disabilities, $26,679,000.

                         Departmental Management


                          Salaries and Expenses


    For necessary expenses for Departmental Management, including the 
hire of three sedans, and including the management or operation, through 
contracts, grants or other arrangements of Departmental activities 
conducted by or through the Bureau of International Labor Affairs, 
including bilateral and multilateral technical assistance and other 
international labor activities, $313,871,000, of which $86,074,000 is 
for the Bureau of International Labor Affairs (including $6,500,000 to 
implement model programs to address worker rights issues through 
technical assistance in countries with which the United States has trade 
preference programs), and of which $21,286,000 is for the acquisition of 
Departmental information technology, architecture, infrastructure, 
equipment, software and related needs, which will be allocated by the 
Department's Chief Information Officer in accordance with the 
Department's capital investment management process to assure a sound 
investment strategy; together with not to exceed $327,000, which may be 
expended from the Employment Security Administration Account in the 
Unemployment Trust Fund.


                           office of job corps


    To carry out subtitle C of title I of the Workforce Investment Act 
of 1998, including Federal administrative expenses, the purchase and 
hire of passenger motor vehicles, the construction, alteration and 
repairs of buildings and other facilities, and the purchase of real 
property for training centers as authorized by the Workforce Investment 
Act; $1,683,938,000, plus reimbursements, as follows:
            (1) $1,540,276,000 for Job Corps Operations, of which 
        $949,276,000 shall be available for obligation for the period 
        July 1, 2009 through June 30, 2010 and of which $591,000,000 
        shall be available for obligation for the period October 1, 2009 
        through June 30, 2010;
            (2) $115,000,000 for construction, rehabilitation and 
        acquisition of Job Corps Centers, of which $15,000,000 shall be 
        available for the period July 1, 2009 through June 30, 2012 and 
        $100,000,000 shall be available for the period October 1, 2009 
        through June 30, 2012; and
            (3) $28,662,000 for necessary expenses of the Office of Job 
        Corps shall be available for obligation for the period October 
        1, 2008 through September 30, 2009:

Provided, That <<NOTE: Contracts.>>  the Office of Job Corps shall have 
contracting authority: Provided further, That no funds from any other 
appropriation shall be used to provide meal services at or for Job Corps 
centers.


                    Veterans Employment and Training


    Not to exceed $205,468,000 may be derived from the Employment 
Security Administration Account in the Unemployment Trust Fund to carry 
out the provisions of 38 U.S.C. 4100-4113, 4211-4215, and 4321-4327, and 
Public Law 103-353, and which shall

[[Page 123 STAT. 761]]

be available for obligation by the States through December 31, 2009, of 
which $1,949,000 is for the National Veterans' Employment and Training 
Services Institute. To carry out the Homeless Veterans Reintegration 
Programs under section 5(a)(1) of the Homeless Veterans Comprehensive 
Assistance Act of 2001 and the Veterans Workforce Investment Programs 
under section 168 of the Workforce Investment Act, $33,971,000, of which 
$7,641,000 shall be available for obligation for the period July 1, 2009 
through June 30, 2010.


                       Office of Inspector General


    For salaries and expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$76,326,000, together with not to exceed $5,815,000, which may be 
expended from the Employment Security Administration Account in the 
Unemployment Trust Fund.

                           General Provisions

    Sec. 101. None of the funds appropriated in this Act for the Job 
Corps shall be used to pay the salary of an individual, either as direct 
costs or any proration as an indirect cost, at a rate in excess of 
Executive Level I.


                           (transfer of funds)


    Sec. 102. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985) which are appropriated for the current fiscal year for the 
Department of Labor in this Act may be transferred between a program, 
project, or activity, but no such program, project, or activity shall be 
increased by more than 3 percent by any such transfer: Provided, That 
the transfer authority granted by this section shall be available only 
to meet emergency needs and shall not be used to create any new program 
or to fund any project or activity for which no funds are provided in 
this Act: <<NOTE: Notification. Deadline.>>  Provided further, That the 
Committees on Appropriations of the House of Representatives and the 
Senate are notified at least 15 days in advance of any transfer.

    Sec. 103. <<NOTE: Child labor.>>  In accordance with Executive Order 
No. 13126, none of the funds appropriated or otherwise made available 
pursuant to this Act shall be obligated or expended for the procurement 
of goods mined, produced, manufactured, or harvested or services 
rendered, whole or in part, by forced or indentured child labor in 
industries and host countries already identified by the United States 
Department of Labor prior to enactment of this Act.

    Sec. 104.  After <<NOTE: Effective date. Transit subsidy. 5 USC 7905 
note.>>  September 30, 2008, the Secretary of Labor shall issue a 
monthly transit subsidy of not less than the full amount (of not less 
than $115) that each of its employees of the National Capital Region is 
eligible to receive.

    Sec. 105. <<NOTE: Reports.>>  None of the funds appropriated in this 
title for grants under section 171 of the Workforce Investment Act of 
1998 may be obligated prior to the preparation and submission of a 
report by the Secretary of Labor to the Committees on Appropriations of 
the House of Representatives and the Senate detailing the planned uses 
of such funds.

[[Page 123 STAT. 762]]

    Sec. 106. There is authorized to be appropriated such sums as may be 
necessary to the Denali Commission through the Department of Labor to 
conduct job training of the local workforce where Denali Commission 
projects will be constructed.
    Sec. 107. None of the funds made available to the Department of 
Labor for grants under section 414(c) of the American Competitiveness 
and Workforce Improvement Act of 1998 may be used for any purpose other 
than training in the occupations and industries for which employers are 
using H-1B visas to hire foreign workers, and the related activities 
necessary to support such training: Provided, That the preceding 
limitation shall not apply to multi-year grants awarded prior to June 
30, 2007.
    Sec. 108. None of the funds available in this Act or available to 
the Secretary of Labor from other sources for Community-Based Job 
Training grants and grants authorized under section 414(c) of the 
American Competitiveness and Workforce Improvement Act of 1998 shall be 
obligated for a grant awarded on a non-competitive basis.
    Sec. 109. The Secretary of Labor shall take no action to amend, 
through regulatory or administration action, the definition established 
in section 667.220 of title 20 of the Code of Federal Regulations for 
functions and activities under title I of the Workforce Investment Act 
of 1998, or to modify, through regulatory or administrative action, the 
procedure for redesignation of local areas as specified in subtitle B of 
title I of that Act (including applying the standards specified in 
section 116(a)(3)(B) of that Act, but notwithstanding the time limits 
specified in section 116(a)(3)(B) of that Act), until such time as 
legislation reauthorizing the Act is enacted. Nothing in the preceding 
sentence shall permit or require the Secretary to withdraw approval for 
such redesignation from a State that received the approval not later 
than October 12, 2005, or to revise action taken or modify the 
redesignation procedure being used by the Secretary in order to complete 
such redesignation for a State that initiated the process of such 
redesignation by submitting any request for such redesignation not later 
than October 26, 2005.
    Sec. 110. None of the funds made available in this or any other Act 
shall be available to finalize or implement any proposed regulation 
under the Workforce Investment Act of 1998, Wagner-Peyser Act of 1933, 
or the Trade Adjustment Assistance Reform Act of 2002 until such time as 
legislation reauthorizing the Workforce Investment Act of 1998 and the 
Trade Adjustment Assistance Reform Act of 2002 is enacted.
    Sec. 111.  None of the funds appropriated in this Act under the 
heading ``Employment and Training Administration'' shall be used by a 
recipient or subrecipient of such funds to pay the salary and bonuses of 
an individual, either as direct costs or indirect costs, at a rate in 
excess of Executive Level II. This limitation shall not apply to vendors 
providing goods and services as defined in Office of Management and 
Budget Circular A-133. Where States are recipients of such funds, States 
may establish a lower limit for salaries and bonuses of those receiving 
salaries and bonuses from subrecipients of such funds, taking into 
account factors including the relative cost-of-living in the State, the 
compensation levels for comparable State or local government employees, 
and the size of the organizations that administer Federal programs

[[Page 123 STAT. 763]]

involved including Employment and Training Administration programs.
    This title may be cited as the ``Department of Labor Appropriations 
Act, 2009''.

TITLE II <<NOTE: Department of Health and Human Services Appropriations 
Act, 2009.>> 

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration


                      Health Resources and Services


    For carrying out titles II, III, IV, VII, VIII, X, XI, XII, XIX, and 
XXVI of the Public Health Service Act (``PHS Act''), section 427(a) of 
the Federal Coal Mine Health and Safety Act, title V and sections 711, 
1128E, and 1820 of the Social Security Act, the Health Care Quality 
Improvement Act of 1986, the Native Hawaiian Health Care Act of 1988, 
the Cardiac Arrest Survival Act of 2000, section 712 of the American 
Jobs Creation Act of 2004, and the Stem Cell Therapeutic and Research 
Act of 2005, $7,234,436,000, of which $39,200,000 from general revenues, 
notwithstanding section 1820(j) of the Social Security Act, shall be 
available for carrying out the Medicare rural hospital flexibility 
grants program under such section: Provided, That of the funds made 
available under this heading, $129,000 shall be available until expended 
for facilities renovations at the Gillis W. Long Hansen's Disease 
Center: Provided further, That $56,000,000 of the funding provided for 
community health centers shall be for base grant adjustments for 
existing health centers: Provided further, That in addition to fees 
authorized by section 427(b) of the Health Care Quality Improvement Act 
of 1986, fees shall be collected for the full disclosure of information 
under the Act sufficient to recover the full costs of operating the 
National Practitioner Data Bank, and shall remain available until 
expended to carry out that Act: Provided further, That fees collected 
for the full disclosure of information under the ``Health Care Fraud and 
Abuse Data Collection Program'', authorized by section 1128E(d)(2) of 
the Social Security Act, shall be sufficient to recover the full costs 
of operating the program, and shall remain available until expended to 
carry out that Act: Provided further, That no more than $40,000 is 
available until expended for carrying out the provisions of section 
224(o) of the PHS Act including associated administrative expenses and 
relevant evaluations: Provided further, That no more than $44,055,000 is 
available until expended for carrying out the provisions of Public Law 
104-73 and for expenses incurred by the Department of Health and Human 
Services pertaining to administrative claims made under such law:  
Provided further, That of the funds made available under this heading, 
$307,491,000 shall be for the program under title X of the PHS Act to 
provide for voluntary family planning 
projects: <<NOTE: Abortions. Political activities.>>  Provided further, 
That amounts provided to said projects under such title shall not be 
expended for abortions, that all pregnancy counseling shall be 
nondirective, and that such amounts shall not be expended for any 
activity (including the publication or distribution of literature) that 
in any way tends to promote public support or opposition to any 
legislative proposal or candidate for public office: Provided further, 
That of the funds available under this heading, $1,886,873,000 shall 
remain available

[[Page 123 STAT. 764]]

to the Secretary of Health and Human Services through September 30, 
2011, for parts A and B of title XXVI of the PHS 
Act: <<NOTE: Deadline. Grants. Urban and rural areas.>>  Provided 
further, That within the amounts provided for part A of title XXVI of 
the PHS Act, $10,853,000 is available to the Secretary of Health and 
Human Services through September 30, 2011, and shall be available to 
qualifying jurisdictions, within 30 days of enactment, for increasing 
supplemental grants for fiscal year 2009 to metropolitan areas that 
received grant funding in fiscal year 2008 under subpart I of part A of 
title XXVI of the PHS Act to ensure that an area's total funding under 
subpart I of part A for fiscal year 2008, together with the amount of 
this additional funding, is not less than 93.7 percent of the amount of 
such area's total funding under part A for fiscal year 2006, and to 
transitional areas that received grant funding in fiscal year 2008 under 
subpart II of part A of title XXVI of the PHS Act to ensure that an 
area's total funding under subpart II of part A for fiscal year 2008, 
together with the amount of this additional funding, is not less than 
88.7 percent of the amount of such area's total funding under part A for 
fiscal year 2006: Provided further, That notwithstanding section 
2603(c)(1) of the PHS Act, the additional funding to areas under the 
immediately preceding proviso, which may be used for costs incurred 
during fiscal year 2008, shall be available to the area for obligation 
from the date of the award through the end of the grant year for the 
award: Provided further, That $815,000,000 shall be for State AIDS Drug 
Assistance Programs authorized by section 2616 of the PHS Act: Provided 
further, That in addition to amounts provided herein, $25,000,000 shall 
be available from amounts available under section 241 of the PHS Act to 
carry out parts A, B, C, and D of title XXVI of the PHS Act to fund 
section 2691 Special Projects of National Significance: Provided 
further, That notwithstanding section 502(a)(1) and 502(b)(1) of the 
Social Security Act, not to exceed $92,551,000 is available for carrying 
out special projects of regional and national significance pursuant to 
section 501(a)(2) of such Act and $10,400,000 is available for projects 
described in paragraphs (A) through (F) of section 501(a)(3) of such 
Act: Provided further, That notwithstanding section 747(e)(2) of the PHS 
Act, not less than $5,000,000 shall be for general dentistry programs, 
not less than $5,000,000 shall be for pediatric dentistry programs 
including faculty loan repayment, and not less than $29,025,000 shall be 
for family medicine programs: Provided further, That of the funds 
provided, $19,642,000 shall be provided to the Denali Commission as a 
direct lump payment pursuant to Public Law 106-113: Provided further, 
That of the funds provided, $26,000,000 shall be provided for the Delta 
Health Initiative as authorized in section 219 of division G of Public 
Law 110-161 and associated administrative expenses: Provided further, 
That funds provided under section 846 and subpart 3 of part D of title 
III of the PHS Act may be used to make prior year adjustments to awards 
made under these sections: Provided further, That of the amount 
appropriated in this paragraph, $310,470,000 shall be used for the 
projects financing the construction and renovation (including equipment) 
of health care and other facilities and for other health-related 
activities, and in the amounts, specified under the heading ``Health 
Resources and Services'' in the explanatory statement described in 
section 4 (in the matter preceding division A of this consolidated Act), 
and of which up to one percent of

[[Page 123 STAT. 765]]

the amount for each project may be used for related agency 
administrative expenses: Provided further, That notwithstanding section 
338J(k) of the PHS Act, $9,201,000 is available for State Offices of 
Rural Health: Provided further, That of the funds provided, $15,000,000 
is available for the Small Rural Hospital Improvement Grant Program for 
quality improvement and adoption of health information technology.


            Health Education Assistance Loans Program Account


    Such sums as may be necessary to carry out the purpose of the 
program, as authorized by title VII of the Public Health Service Act 
(``PHS Act''). For administrative expenses to carry out the guaranteed 
loan program, including section 709 of the PHS Act, $2,847,000.


             Vaccine Injury Compensation Program Trust Fund


    For payments from the Vaccine Injury Compensation Program Trust Fund 
(``Trust Fund''), such sums as may be necessary for claims associated 
with vaccine-related injury or death with respect to vaccines 
administered after September 30, 1988, pursuant to subtitle 2 of title 
XXI of the Public Health Service Act, to remain available until 
expended: Provided, That for necessary administrative expenses, not to 
exceed $5,404,000 shall be available from the Trust Fund to the 
Secretary of Health and Human Services.

               Centers for Disease Control and Prevention

                 disease control, research, and training

    To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and XXVI 
of the Public Health Service Act (``PHS Act''), sections 101, 102, 103, 
201, 202, 203, 301, 501, and 514 of the Federal Mine Safety and Health 
Act of 1977, section 13 of the Mine Improvement and New Emergency 
Response Act of 2006, sections 20, 21, and 22 of the Occupational Safety 
and Health Act of 1970, title IV of the Immigration and Nationality Act, 
section 501 of the Refugee Education Assistance Act of 1980, and for 
expenses necessary to support activities related to countering potential 
biological, nuclear, radiological, and chemical threats to civilian 
populations; including purchase and insurance of official motor vehicles 
in foreign countries; and purchase, hire, maintenance, and operation of 
aircraft, $6,283,350,000, of which $151,500,000 shall remain available 
until expended for acquisition of real property, equipment, construction 
and renovation of facilities; of which $570,307,000 shall remain 
available until expended for the Strategic National Stockpile under 
section 319F-2 of the PHS Act; of which $21,997,000 shall be used for 
the projects, and in the amounts, specified under the heading ``Disease 
Control, Research, and Training'' in the explanatory statement described 
in section 4 (in the matter preceding division A of this consolidated 
Act); of which $118,863,000 for international HIV/AIDS shall remain 
available through September 30, 2010; and of which $70,000,000 shall be 
available until expended to provide screening and treatment for first 
response emergency services personnel, residents, students, and others 
related to the September 11, 2001 terrorist attacks on the World Trade 
Center: Provided, That in addition, such sums as may be derived from

[[Page 123 STAT. 766]]

authorized user fees, which shall be credited to this account: Provided 
further, That in addition to amounts provided herein, the following 
amounts shall be available from amounts available under section 241 of 
the PHS Act: (1) $12,794,000 to carry out the National Immunization 
Surveys; (2) $124,701,000 to carry out the National Center for Health 
Statistics surveys; (3) $24,751,000 to carry out information systems 
standards development and architecture and applications-based research 
used at local public health levels; (4) $46,780,000 for Health 
Marketing; (5) $31,000,000 to carry out Public Health Research; and (6) 
$91,225,000 to carry out research activities within the National 
Occupational Research Agenda: <<NOTE: Gun control.>>  Provided further, 
That none of the funds made available for injury prevention and control 
at the Centers for Disease Control and Prevention may be used, in whole 
or in part, to advocate or promote gun control: Provided further, That 
of the funds made available under this heading, up to $1,000 per 
eligible employee of the Centers for Disease Control and Prevention 
shall be made available until expended for Individual Learning Accounts: 
Provided further, That the Director may redirect the total amount made 
available under authority of Public Law 101-502, section 3, dated 
November 3, 1990, to activities the Director may so 
designate: <<NOTE: Notification.>>  Provided further, That the 
Committees on Appropriations of the House of Representatives and the 
Senate are to be notified promptly of any such redirection: Provided 
further, That not to exceed $19,528,000 may be available for making 
grants under section 1509 of the PHS Act to not less than 21 States, 
tribes, or tribal organizations: <<NOTE: Contracts.>>  Provided further, 
That notwithstanding any other provision of law, the Centers for Disease 
Control and Prevention shall award a single contract or related 
contracts for development and construction of the next building or 
facility designated in the Buildings and Facilities Master Plan that 
collectively include the full scope of the project: Provided further, 
That the solicitation and contract shall contain the clause 
``availability of funds'' found at 48 CFR 52.232-18: Provided further, 
That of the funds appropriated, $10,000 shall be for official reception 
and representation expenses when specifically approved by the Director 
of the Centers for Disease Control and Prevention: Provided further, 
That employees of the Centers for Disease Control and Prevention or the 
Public Health Service, both civilian and Commissioned Officers, detailed 
to States, municipalities, or other organizations under authority of 
section 214 of the PHS Act, or in overseas assignments, shall be treated 
as non-Federal employees for reporting purposes only and shall not be 
included within any personnel ceiling applicable to the Agency, Service, 
or the Department of Health and Human Services during the period of 
detail or assignment: Provided further, That out of funds made available 
under this heading for domestic HIV/AIDS testing, up to $15,000,000 
shall be for States newly eligible in fiscal year 2009 under section 
2625 of the PHS Act as of December 31, 2008 and shall be distributed by 
May 31, 2009 based on standard criteria relating to a State's 
epidemiological profile, and of which not more than $1,000,000 may be 
made available to any one State, and amounts that have not been 
obligated by May 31, 2009 shall be made available to States and local 
public health departments for HIV testing 
activities: <<NOTE: Certification. Plans. Deadline.>>  Provided further, 
That none of the funds made available in this Act to carry out part A of 
title XIX of the PHS Act may be used to provide more than 75 percent of 
any State's allotment under section 1902 of the PHS Act until

[[Page 123 STAT. 767]]

such State certifies that it will submit a plan to the Secretary of 
Health and Human Services, not later than January 1, 2010, to reduce 
healthcare-associated infections: Provided further, That each such State 
plan shall be consistent with the Department of Health and Human 
Services' national action plan for reducing healthcare-associated 
infections and include measurable 5-year goals and interim milestones 
for reducing such infections: <<NOTE: Review. Reports. Deadline.>>  
Provided further, That the Secretary shall conduct a review of the State 
plans submitted pursuant to the preceding proviso and report to the 
Committees on Appropriations of the House of Representatives and the 
Senate not later than June 1, 2010, regarding the adequacy of such plans 
for achieving State and national goals for reducing healthcare-
associated infections: Provided further, That for purposes of the two 
preceding provisos, the term ``State'' means each of the several States, 
the District of Columbia, and the Commonwealth of Puerto Rico.

    In addition, for necessary expenses to administer the Energy 
Employees Occupational Illness Compensation Program Act, $55,358,000, to 
remain available until expended, of which $4,500,000 shall be for use by 
or in support of the Advisory Board on Radiation and Worker Health 
(``the Board'') to carry out its statutory responsibilities, including 
obtaining audits, technical assistance, and other support from the 
Board's audit contractor with regard to radiation dose estimation and 
reconstruction efforts, site profiles, procedures, and review of Special 
Exposure Cohort petitions and evaluation reports: Provided, That this 
amount shall be available consistent with the provision regarding 
administrative expenses in section 151(b) of division B, title I of 
Public Law 106-554.

                      National Institutes of Health


                        National Cancer Institute


    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to cancer, $4,968,973,000, of which up to 
$8,000,000 may be used for facilities repairs and improvements at the 
National Cancer Institute-Frederick Federally Funded Research and 
Development Center in Frederick, Maryland.


                National Heart, Lung, and Blood Institute


    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to cardiovascular, lung, and blood diseases, 
and blood and blood products, $3,015,689,000.


         National Institute of Dental and Craniofacial Research


    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to dental disease, $402,652,000.


    National Institute of Diabetes and Digestive and Kidney Diseases


    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to diabetes and digestive and kidney disease, 
$1,761,338,000.

[[Page 123 STAT. 768]]

         National Institute of Neurological Disorders and Stroke


    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to neurological disorders and stroke, 
$1,593,344,000.


          National Institute of Allergy and Infectious Diseases


                      (including transfer of funds)


    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to allergy and infectious diseases, 
$4,702,572,000: Provided, That $300,000,000 may be made available to 
International Assistance Programs ``Global Fund to Fight HIV/AIDS, 
Malaria, and Tuberculosis'', to remain available until expended.


             National Institute of General Medical Sciences


    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to general medical sciences, $1,997,801,000.


  Eunice Kennedy Shriver National Institute of Child Health and Human 
                               Development


    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to child health and human development, 
$1,294,894,000.


                         National Eye Institute


    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to eye diseases and visual disorders, 
$688,480,000.


           National Institute of Environmental Health Sciences


    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to environmental health sciences, $662,820,000.


                       National Institute on Aging


    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to aging, $1,080,796,000.


  National Institute of Arthritis and Musculoskeletal and Skin Diseases


    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to arthritis and musculoskeletal and skin 
diseases, $524,872,000.


    National Institute on Deafness and Other Communication Disorders


    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to deafness and other communication disorders, 
$407,259,000.

[[Page 123 STAT. 769]]

                 National Institute of Nursing Research


    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to nursing research, $141,879,000.


           National Institute on Alcohol Abuse and Alcoholism


    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to alcohol abuse and alcoholism, $450,230,000.


                    National Institute on Drug Abuse


    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to drug abuse, $1,032,759,000.


                   National Institute of Mental Health


    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to mental health, $1,450,491,000.


                National Human Genome Research Institute


    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to human genome research, $502,367,000.


       National Institute of Biomedical Imaging and Bioengineering


    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to biomedical imaging and bioengineering 
research, $308,208,000.


                 National Center for Research Resources


    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to research resources and general research 
support grants, $1,226,263,000.


       National Center for Complementary and Alternative Medicine


    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to complementary and alternative medicine, 
$125,471,000.


        National Center on Minority Health and Health Disparities


    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to minority health and health disparities 
research, $205,959,000.


                  John E. Fogarty International Center


    For carrying out the activities of the John E. Fogarty International 
Center (described in subpart 2 of part E of title IV of the Public 
Health Service Act), $68,691,000.


                      National Library of Medicine


    For carrying out section 301 and title IV of the Public Health 
Service Act (``PHS Act'') with respect to health information 
communications, $330,771,000, of which $4,000,000 shall be available 
until

[[Page 123 STAT. 770]]

expended for improvement of information systems: Provided, That in 
fiscal year 2009, the National Library of Medicine may enter into 
personal services contracts for the provision of services in facilities 
owned, operated, or constructed under the jurisdiction of the National 
Institutes of Health: Provided further, That in addition to amounts 
provided herein, $8,200,000 shall be available from amounts available 
under section 241 of the PHS Act to carry out the purposes of the 
National Information Center on Health Services Research and Health Care 
Technology established under section 478A of the PHS Act and related 
health services.


                         Office of the Director


    For carrying out the responsibilities of the Office of the Director, 
National Institutes of Health (``NIH''), $1,246,864,000, of which up to 
$25,000,000 shall be used to carry out section 214 of this Act: 
Provided, That funding shall be available for the purchase of not to 
exceed 29 passenger motor vehicles for replacement only: Provided 
further, That the NIH is authorized to collect third party payments for 
the cost of clinical services that are incurred in NIH research 
facilities and that such payments shall be credited to the NIH 
Management Fund: Provided further, That all funds credited to such Fund 
shall remain available for one fiscal year after the fiscal year in 
which they are deposited: Provided further, That up to $192,300,000 
shall be available for continuation of the National Children's Study: 
Provided further, That $541,133,000 shall be available for the Common 
Fund established under section 402A(c)(1) of the Public Health Service 
Act (``PHS Act''): Provided further, That of the funds provided $10,000 
shall be for official reception and representation expenses when 
specifically approved by the Director of the NIH: Provided further, That 
the Office of AIDS Research within the Office of the Director of the NIH 
may spend up to $8,000,000 to make grants for construction or renovation 
of facilities as provided for in section 2354(a)(5)(B) of the PHS Act.


                        Buildings and Facilities


    For the study of, construction of, renovation of, and acquisition of 
equipment for, facilities of or used by the National Institutes of 
Health, including the acquisition of real property, $125,581,000, to 
remain available until expended.

        Substance Abuse and Mental Health Services Administration


               substance abuse and mental health services


    For carrying out titles III, V, and XIX of the Public Health Service 
Act (``PHS Act'') with respect to substance abuse and mental health 
services and the Protection and Advocacy for Individuals with Mental 
Illness Act, $3,334,906,000, of which $15,666,000 shall be used for the 
projects, and in the amounts, specified under the heading ``Substance 
Abuse and Mental Health Services'' in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act): Provided, That notwithstanding section 520A(f)(2) of 
the PHS Act, no funds appropriated for carrying out section 520A are 
available for carrying out section 1971 of the PHS Act: Provided 
further, That $2,000,000 shall be

[[Page 123 STAT. 771]]

available to establish State-administered controlled substance 
monitoring systems as authorized by Public Law 109-60: Provided further, 
That $772,000 shall be for reimbursing the General Services 
Administration for environmental testing and remediation on the 
federally owned facilities at St. Elizabeths Hospital, including but not 
limited to testing and remediation conducted prior to fiscal year 2009: 
Provided further, That in addition to amounts provided herein, the 
following amounts shall be available under section 241 of the PHS Act: 
(1) $79,200,000 to carry out subpart II of part B of title XIX of the 
PHS Act to fund section 1935(b) technical assistance, national data, 
data collection and evaluation activities, and further that the total 
available under this Act for section 1935(b) activities shall not exceed 
5 percent of the amounts appropriated for subpart II of part B of title 
XIX; (2) $21,039,000 to carry out subpart I of part B of title XIX of 
the PHS Act to fund section 1920(b) technical assistance, national data, 
data collection and evaluation activities, and further that the total 
available under this Act for section 1920(b) activities shall not exceed 
5 percent of the amounts appropriated for subpart I of part B of title 
XIX; (3) $22,750,000 to carry out national surveys on drug abuse and 
mental health; and (4) $8,596,000 to collect and analyze data and 
evaluate substance abuse treatment programs: Provided further, That 
section 520E(b)(2) of the PHS Act shall not apply to funds appropriated 
under this Act for fiscal year 2009.

               Agency for Healthcare Research and Quality


                     Healthcare Research and Quality


    For carrying out titles III and IX of the Public Health Service Act 
(``PHS Act''), part A of title XI of the Social Security Act, and 
section 1013 of the Medicare Prescription Drug, Improvement, and 
Modernization Act of 2003, amounts received from Freedom of Information 
Act fees, reimbursable and interagency agreements, and the sale of data 
shall be credited to this appropriation and shall remain available until 
expended: Provided, That the amount made available pursuant to section 
937(c) of the PHS Act shall not exceed $372,053,000.

               Centers for Medicare and Medicaid Services

                      grants to states for medicaid

    For carrying out, except as otherwise provided, titles XI and XIX of 
the Social Security Act, $149,335,031,000, to remain available until 
expended.
    For making, after May 31, 2009, payments to States under title XIX 
of the Social Security Act for the last quarter of fiscal year 2009 for 
unanticipated costs, incurred for the current fiscal year, such sums as 
may be necessary.
    For making payments to States or in the case of section 1928 on 
behalf of States under title XIX of the Social Security Act for the 
first quarter of fiscal year 2010, $71,700,038,000, to remain available 
until expended.
    Payment under title XIX may be made for any quarter with respect to 
a State plan or plan amendment in effect during such quarter, if 
submitted in or prior to such quarter and approved in that or any 
subsequent quarter.

[[Page 123 STAT. 772]]

                   payments to health care trust funds

    For payment to the Federal Hospital Insurance Trust Fund and the 
Federal Supplementary Medical Insurance Trust Fund, as provided under 
sections 217(g), 1844, and 1860D-16 of the Social Security Act, sections 
103(c) and 111(d) of the Social Security Amendments of 1965, section 
278(d) of Public Law 97-248, and for administrative expenses incurred 
pursuant to section 201(g) of the Social Security Act, $195,383,000,000.
    In addition, for making matching payments under section 1844, and 
benefit payments under section 1860D-16 of the Social Security Act, not 
anticipated in budget estimates, such sums as may be necessary.

                           program management

    For carrying out, except as otherwise provided, titles XI, XVIII, 
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the 
Public Health Service Act (``PHS Act''), and the Clinical Laboratory 
Improvement Amendments of 1988, not to exceed $3,305,386,000, to be 
transferred from the Federal Hospital Insurance Trust Fund and the 
Federal Supplementary Medical Insurance Trust Fund, as authorized by 
section 201(g) of the Social Security Act; together with all funds 
collected in accordance with section 353 of the PHS Act and section 
1857(e)(2) of the Social Security Act, funds retained by the Secretary 
of Health and Human Services pursuant to section 302 of the Tax Relief 
and Health Care Act of 2006; and such sums as may be collected from 
authorized user fees and the sale of data, which shall be credited to 
this account and remain available until expended: Provided, That all 
funds derived in accordance with 31 U.S.C. 9701 from organizations 
established under title XIII of the PHS Act shall be credited to and 
available for carrying out the purposes of this appropriation: Provided 
further, That $35,700,000, to remain available through September 30, 
2010, shall be for contract costs for the Healthcare Integrated General 
Ledger Accounting System: Provided further, That $108,900,000, to remain 
available through September 30, 2010, shall be for the Centers for 
Medicare and Medicaid Services (``CMS'') Medicare contracting reform 
activities: Provided further, That funds appropriated under this heading 
shall be available for the Healthy Start, Grow Smart program under which 
the CMS may, directly or through grants, contracts, or cooperative 
agreements, produce and distribute informational materials including, 
but not limited to, pamphlets and brochures on infant and toddler health 
care to expectant parents enrolled in the Medicaid program and to 
parents and guardians enrolled in such program with infants and 
children: <<NOTE: Fees.>>  Provided further, That the Secretary is 
directed to collect fees in fiscal year 2009 from Medicare Advantage 
organizations pursuant to section 1857(e)(2) of the Social Security Act 
and from eligible organizations with risk-sharing contracts under 
section 1876 of that Act pursuant to section 1876(k)(4)(D) of that Act: 
Provided further, That $4,542,000 shall be used for the projects, and in 
the amounts, specified under the heading ``Program Management'' in the 
explanatory statement described in section 4 (in the matter preceding 
division A of this consolidated Act): Provided further, That $75,000,000 
is available for the State high risk health insurance pool program as 
authorized by the State High Risk Pool Funding Extension Act of 2006.

[[Page 123 STAT. 773]]

               Health Care Fraud and Abuse Control Account

    In addition to amounts otherwise available for program integrity and 
program management, $198,000,000, to be transferred from the Federal 
Hospital Insurance Trust Fund and the Federal Supplementary Medical 
Insurance Trust Fund, as authorized by section 201(g) of the Social 
Security Act, of which $147,038,000 shall be for the Medicare Integrity 
Program at the Centers for Medicare and Medicaid Services to conduct 
oversight of activities for Medicare Advantage and the Medicare 
Prescription Drug Program authorized in title XVIII of the Social 
Security Act, including activities listed in section 1893(b) of such 
Act; of which $18,967,000 shall be for the Department of Health and 
Human Services Office of Inspector General; of which $13,028,000 shall 
be for the Medicaid and State Children's Health Insurance Program 
(``SCHIP'') program integrity activities; and of which $18,967,000 shall 
be for the Department of Justice: <<NOTE: Reports.>>  Provided, That the 
report required by section 1817(k)(5) of the Social Security Act for 
fiscal year 2009 shall include measures of the operational efficiency 
and impact on fraud, waste, and abuse in the Medicare, Medicaid, and 
SCHIP programs for the funds provided by this appropriation.

                Administration for Children and Families


  Payments to States for Child Support Enforcement and Family Support 
                                Programs


    For making payments to States or other non-Federal entities under 
titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the 
Act of July 5, 1960, $2,759,078,000, to remain available until expended; 
and for such purposes for the first quarter of fiscal year 2010, 
$1,000,000,000, to remain available until expended.
    For making payments to each State for carrying out the program of 
Aid to Families with Dependent Children under title IV-A of the Social 
Security Act before the effective date of the program of Temporary 
Assistance for Needy Families with respect to such State, such sums as 
may be necessary: Provided, That the sum of the amounts available to a 
State with respect to expenditures under such title IV-A in fiscal year 
1997 under this appropriation and under such title IV-A as amended by 
the Personal Responsibility and Work Opportunity Reconciliation Act of 
1996 shall not exceed the limitations under section 116(b) of such Act.
    For making, after May 31 of the current fiscal year, payments to 
States or other non-Federal entities under titles I, IV-D, X, XI, XIV, 
and XVI of the Social Security Act and the Act of July 5, 1960, for the 
last 3 months of the current fiscal year for unanticipated costs, 
incurred for the current fiscal year, such sums as may be necessary.


                     Refugee and Entrant Assistance


    For necessary expenses for refugee and entrant assistance activities 
authorized by section 414 of the Immigration and Nationality Act and 
section 501 of the Refugee Education Assistance Act of 1980, for 
carrying out section 462 of the Homeland Security Act of 2002, for costs 
associated with the care and placement of unaccompanied alien children, 
and for carrying out the Torture Victims Relief Act of 1998, 
$633,442,000, of which up to $9,814,000

[[Page 123 STAT. 774]]

shall be available to carry out the Trafficking Victims Protection Act 
of 2000: Provided, That funds appropriated under this heading pursuant 
to section 414(a) of the Immigration and Nationality Act and section 462 
of the Homeland Security Act of 2002 for fiscal year 2009 shall be 
available for the costs of assistance provided and other activities to 
remain available through September 30, 2011.


    Payments to States for the Child Care and Development Block Grant


    For carrying out the Child Care and Development Block Grant Act of 
1990, $2,127,081,000 shall be used to supplement, not supplant State 
general revenue funds for child care assistance for low-income families: 
Provided, That $18,960,000 shall be available for child care resource 
and referral and school-aged child care activities, of which $1,000,000 
shall be for the Child Care Aware toll-free hotline: Provided further, 
That, in addition to the amounts required to be reserved by the States 
under section 658G, $271,401,000 shall be reserved by the States for 
activities authorized under section 658G, of which $99,534,000 shall be 
for activities that improve the quality of infant and toddler care: 
Provided further, That $9,910,000 shall be for use by the Secretary of 
Health and Human Services for child care research, demonstration, and 
evaluation activities.


                       Social Services Block Grant


    For making grants to States pursuant to section 2002 of the Social 
Security Act, $1,700,000,000: Provided, That notwithstanding 
subparagraph (B) of section 404(d)(2) of such Act, the applicable 
percent specified under such subparagraph for a State to carry out State 
programs pursuant to title XX of such Act shall be 10 percent.

                 children and families services programs

    For carrying out, except as otherwise provided, the Runaway and 
Homeless Youth Act, the Developmental Disabilities Assistance and Bill 
of Rights Act, the Head Start Act, the Child Abuse Prevention and 
Treatment Act, sections 310 and 316 of the Family Violence Prevention 
and Services Act, the Native American Programs Act of 1974, title II of 
the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 
(adoption opportunities), sections 330F and 330G of the Public Health 
Service Act (``PHS Act''), the Abandoned Infants Assistance Act of 1988, 
sections 261 and 291 of the Help America Vote Act of 2002, part B-1 of 
title IV and sections 413, 1110, and 1115 of the Social Security Act; 
for making payments under the Community Services Block Grant Act (``CSBG 
Act''), sections 439(i), 473B, and 477(i) of the Social Security Act, 
and the Assets for Independence Act; and for necessary administrative 
expenses to carry out such Acts and titles I, IV, V, X, XI, XIV, XVI, 
and XX of the Social Security Act, the Act of July 5, 1960, the Low-
Income Home Energy Assistance Act of 1981, title IV of the Immigration 
and Nationality Act, section 501 of the Refugee Education Assistance Act 
of 1980, and section 505 of the Family Support Act of 1988, 
$9,301,111,000, of which $36,500,000, to remain available through 
September 30, 2010, shall

[[Page 123 STAT. 775]]

be for grants to States for adoption incentive payments, as authorized 
by section 473A of the Social Security Act and may be made for adoptions 
completed before September 30, 2009: <<NOTE: Adoption incentives.>>  
Provided, That without regard to the fiscal year limitations set forth 
in section 473A of the Social Security Act, from the amounts 
appropriated herein, the Secretary shall pay adoption incentives for 
fiscal year 2008 in the same manner as such incentives were awarded in 
fiscal year 2008 for the previous fiscal year: Provided further, That 
$7,112,786,000 shall be for making payments under the Head Start Act, of 
which $2,000,000, to remain available through September 30, 2010, shall 
be designated to fund section 657B: Provided further, That $746,000,000 
shall be for making payments under the CSBG Act: Provided further, That 
not less than $10,000,000 shall be for section 680(3)(B) of the CSBG 
Act: Provided further, That in addition to amounts provided herein, 
$5,762,000 shall be available from amounts available under section 241 
of the PHS Act to carry out the provisions of section 1110 of the Social 
Security Act: Provided further, That to the extent Community Services 
Block Grant funds are distributed as grant funds by a State to an 
eligible entity as provided under the CSBG Act, and have not been 
expended by such entity, they shall remain with such entity for 
carryover into the next fiscal year for expenditure by such entity 
consistent with program purposes: Provided further, 
That <<NOTE: Procedures. 42 USC 9921 note.>>  the Secretary of Health 
and Human Services shall establish procedures regarding the disposition 
of intangible assets and program income that permit such assets acquired 
with, and program income derived from, grant funds authorized under 
section 680 of the CSBG Act to become the sole property of such grantees 
after a period of not more than 12 years after the end of the grant 
period for any activity consistent with section 680(a)(2)(A) of the CSBG 
Act: Provided further, That intangible assets in the form of loans, 
equity investments and other debt instruments, and program income may be 
used by grantees for any eligible purpose consistent with section 
680(a)(2)(A) of the CSBG Act: Provided further, 
That <<NOTE: Applicability.>>  these procedures shall apply to such 
grant funds made available after November 29, 1999: Provided further, 
That funds appropriated for section 680(a)(2) of the CSBG Act shall be 
available for financing construction and rehabilitation and loans or 
investments in private business enterprises owned by community 
development corporations: Provided further, That $47,688,000 shall be 
for a compassion capital fund to provide grants to charitable 
organizations to emulate model social service programs and to encourage 
research on the best practices of social service organizations: Provided 
further, That $17,410,000 shall be for activities authorized by the Help 
America Vote Act of 2002, of which $12,154,000 shall be for payments to 
States to promote access for voters with disabilities, and of which 
$5,256,000 shall be for payments to States for protection and advocacy 
systems for voters with disabilities: <<NOTE: Abstinence education.>>  
Provided further, That $94,659,000 shall be for making competitive 
grants to provide abstinence education (as defined by section 510(b)(2) 
of the Social Security Act) to adolescents, and for Federal costs of 
administering the grants: Provided further, That grants under the 
immediately preceding proviso shall be made only to public and private 
entities which agree that, with respect to an adolescent to whom the 
entities provide abstinence education under such grants, the entities 
will not provide to that adolescent any other education regarding sexual 
conduct, except that, in the case of an entity expressly required

[[Page 123 STAT. 776]]

by law to provide health information or services the adolescent shall 
not be precluded from seeking health information or services from the 
entity in a different setting than the setting in which abstinence 
education was provided: Provided further, That information provided 
through such competitive grants for abstinence education shall be 
scientifically accurate and shall comply with section 317P(c)(2) of the 
PHS Act: Provided further, That within amounts provided herein for 
abstinence education for adolescents, up to $10,000,000 may be available 
for a national abstinence education campaign: Provided further, That in 
addition to amounts provided herein for abstinence education for 
adolescents, $4,455,000 shall be available from amounts available under 
section 241 of the PHS Act to carry out evaluations (including 
longitudinal evaluations) of adolescent pregnancy prevention approaches: 
Provided further, That up to $2,000,000 shall be for improving the 
Public Assistance Reporting Information System, including grants to 
States to support data collection for a study of the system's 
effectiveness: Provided further, That $16,910,000 shall be used for the 
projects, and in the amounts, specified under the heading ``Children and 
Families Services Programs'' in the explanatory statement described in 
section 4 (in the matter preceding division A of this consolidated Act).


                   promoting safe and stable families


    For carrying out section 436 of the Social Security Act, 
$345,000,000 and section 437 of such Act, $63,311,000.


       Payments to States for Foster Care and Adoption Assistance


    For making payments to States or other non-Federal entities under 
title IV-E of the Social Security Act, $5,050,000,000.
    For making payments to States or other non-Federal entities under 
title IV-E of the Social Security Act, for the first quarter of fiscal 
year 2010, $1,800,000,000.
    For making, after May 31 of the current fiscal year, payments to 
States or other non-Federal entities under section 474 of title IV-E of 
the Social Security Act, for the last 3 months of the current fiscal 
year for unanticipated costs, incurred for the current fiscal year, such 
sums as may be necessary.

                         Administration on Aging


                         Aging Services Programs


    For carrying out, to the extent not otherwise provided, the Older 
Americans Act of 1965, section 398 of the Public Health Service Act, and 
section 119 of the Medicare Improvements for Patients and Providers Act 
of 2008, $1,491,343,000, of which $5,500,000 shall be available for 
activities regarding medication management, screening, and education to 
prevent incorrect medication and adverse drug reactions: Provided, That 
$5,123,000 shall be used for the projects, and in the amounts, specified 
under the heading ``Aging Services Programs'' in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act).

[[Page 123 STAT. 777]]

                         Office of the Secretary

                     general departmental management


                      (including transfer of funds)


    For necessary expenses, not otherwise provided, for general 
departmental management, including hire of six sedans, and for carrying 
out titles III, XVII, XX, XXI, and XXIX of the Public Health Service Act 
(``PHS Act''), the United States-Mexico Border Health Commission Act, 
and research studies under section 1110 of the Social Security Act, 
$389,925,000, together with $5,851,000 to be transferred and expended as 
authorized by section 201(g)(1) of the Social Security Act from the 
Federal Hospital Insurance Trust Fund and the Federal Supplementary 
Medical Insurance Trust Fund, and $46,756,000 from the amounts available 
under section 241 of the PHS Act to carry out national health or human 
services research and evaluation activities: <<NOTE: Deadline.>>  
Provided, That of this amount, $51,891,000 shall be for minority AIDS 
prevention and treatment activities; $5,789,000 shall be to assist 
Afghanistan in the development of maternal and child health clinics, 
consistent with section 103(a)(4)(H) of the Afghanistan Freedom Support 
Act of 2002; and $1,000,000 shall be transferred, not later than 30 days 
after enactment of this Act, to the National Institute of Mental Health 
to administer the Interagency Autism Coordinating Committee: Provided 
further, That of the funds made available under this heading for 
carrying out title XX of the PHS Act, $13,120,000 shall be for 
activities specified under section 2003(b)(2), all of which shall be for 
prevention service demonstration grants under section 510(b)(2) of title 
V of the Social Security Act without application of the limitation of 
section 2010(c) of such title XX: <<NOTE: Embryo adoption.>>  Provided 
further, That funds provided in this Act for embryo adoption activities 
may be used to provide, to individuals adopting embryos, through grants 
and other mechanisms, medical and administrative services deemed 
necessary for such adoptions: Provided further, That such services shall 
be provided consistent with 42 CFR 59.5(a)(4): Provided further, That 
$2,854,000 shall be used for the projects, and in the amounts, specified 
under the heading ``General Departmental Management'' in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act): Provided further, That specific information 
requests from the chairmen and ranking members of the Subcommittees on 
Labor, Health and Human Services, and Education, and Related Agencies, 
on scientific research or any other matter, shall be transmitted to the 
Committees on Appropriations of the House of Representatives and the 
Senate (``Committees on Appropriations'') in a prompt, professional 
manner and within the time frame specified in the 
request: <<NOTE: Scientific information.>>  Provided further, That 
scientific information, including such information provided in 
congressional testimony, requested by the Committees on Appropriations 
and prepared by government researchers and scientists shall be 
transmitted to the Committees on Appropriations, uncensored and without 
delay.


                 office of medicare hearings and appeals


    For expenses necessary for administrative law judges responsible for 
hearing cases under title XVIII of the Social Security Act (and related 
provisions of title XI of such Act), $64,604,000,

[[Page 123 STAT. 778]]

to be transferred in appropriate part from the Federal Hospital 
Insurance Trust Fund and the Federal Supplementary Medical Insurance 
Trust Fund.

  office of the national coordinator for health information technology

    For expenses necessary for the Office of the National Coordinator 
for Health Information Technology, including grants, contracts, and 
cooperative agreements for the development and advancement of 
interoperable health information technology, $43,552,000: Provided, That 
in addition to amounts provided herein, $17,679,000 shall be available 
from amounts available under section 241 of the Public Health Service 
Act.

                       office of inspector general

    For expenses necessary for the Office of Inspector General, 
including the hire of passenger motor vehicles for investigations, in 
carrying out the provisions of the Inspector General Act of 1978, 
$45,279,000: Provided, That of such amount, necessary sums shall be 
available for providing protective services to the Secretary of Health 
and Human Services and investigating non-payment of child support cases 
for which non-payment is a Federal offense under 18 U.S.C. 228: Provided 
further, That at least forty percent of the funds provided in this Act 
for the Office of Inspector General shall be used only for 
investigations, audits, and evaluations pertaining to the discretionary 
programs funded in this Act.

                         office for civil rights

    For expenses necessary for the Office for Civil Rights, $36,785,000, 
together with not to exceed $3,314,000 to be transferred and expended as 
authorized by section 201(g)(1) of the Social Security Act from the 
Federal Hospital Insurance Trust Fund and the Federal Supplementary 
Medical Insurance Trust Fund.

      retirement pay and medical benefits for commissioned officers

    For retirement pay and medical benefits of Public Health Service 
Commissioned Officers as authorized by law, for payments under the 
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan, 
and for medical care of dependents and retired personnel under the 
Dependents' Medical Care Act, such amounts as may be required during the 
current fiscal year.

            public health and social services emergency fund

                      (including transfer of funds)

    For expenses necessary to support activities related to countering 
potential biological, nuclear, radiological and chemical threats to 
civilian populations, and for other public health emergencies, 
$537,704,000, of which not to exceed $22,052,000 shall be to pay the 
costs described in section 319F-2(c)(7)(B) of the Public Health Service 
Act (``PHS Act'').

[[Page 123 STAT. 779]]

    For expenses necessary to support advanced research and development 
pursuant to section 319L of the PHS Act, $275,000,000, to be derived by 
transfer from funds appropriated under the heading ``Biodefense 
Countermeasures'' in the Department of Homeland Security Appropriations 
Act, 2004, to remain available through September 30, 2010.
    For expenses necessary to prepare for and respond to an influenza 
pandemic, $448,091,000, together with $137,000,000 to be derived by 
transfer from funds appropriated under the heading ``Biodefense 
Countermeasures'' in the Department of Homeland Security Appropriations 
Act, 2004, of which $507,000,000 shall be available until expended, for 
activities including the development and purchase of vaccine, 
antivirals, necessary medical supplies, diagnostics, and other 
surveillance tools: Provided, That products purchased with these funds 
may, at the discretion of the Secretary of Health and Human Services, be 
deposited in the Strategic National Stockpile under section 319F-2 of 
the PHS Act: Provided further, That notwithstanding section 496(b) of 
the PHS Act, funds may be used for the construction or renovation of 
privately owned facilities for the production of pandemic influenza 
vaccines and other biologics, if the Secretary finds such construction 
or renovation necessary to secure sufficient supplies of such vaccines 
or biologics: Provided further, That funds appropriated herein may be 
transferred to other appropriation accounts of the Department of Health 
and Human Services, as determined by the Secretary to be appropriate, to 
be used for the purposes specified in this paragraph.

                           GENERAL PROVISIONS

    Sec. 201. Funds appropriated in this title shall be available for 
not to exceed $50,000 for official reception and representation expenses 
when specifically approved by the Secretary of Health and Human 
Services.
    Sec. 202. <<NOTE: Government employees. Children and youth. AIDS.>>  
The Secretary of Health and Human Services shall make available through 
assignment not more than 60 employees of the Public Health Service to 
assist in child survival activities and to work in AIDS programs through 
and with funds provided by the Agency for International Development, the 
United Nations International Children's Emergency Fund or the World 
Health Organization.

    Sec. 203. None of the funds appropriated in this Act for the 
National Institutes of Health, the Agency for Healthcare Research and 
Quality, and the Substance Abuse and Mental Health Services 
Administration shall be used to pay the salary of an individual, through 
a grant or other extramural mechanism, at a rate in excess of Executive 
Level I.
    Sec. 204. <<NOTE: Reports.>>  None of the funds appropriated in this 
Act may be expended pursuant to section 241 of the Public Health Service 
Act, except for funds specifically provided for in this Act, or for 
other taps and assessments made by any office located in the Department 
of Health and Human Services, prior to the preparation and submission of 
a report by the Secretary of Health and Human Services to the Committees 
on Appropriations of the House of Representatives and the Senate 
detailing the planned uses of such funds.

    Sec. 205. Notwithstanding section 241(a) of the Public Health 
Service Act, such portion as the Secretary of Health and Human

[[Page 123 STAT. 780]]

Services shall determine, but not more than 2.4 percent, of any amounts 
appropriated for programs authorized under such Act shall be made 
available for the evaluation (directly, or by grants or contracts) of 
the implementation and effectiveness of such programs.


                           (transfer of funds)


    Sec. 206. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985) which are appropriated for the current fiscal year for the 
Department of Health and Human Services in this Act may be transferred 
between a program, project, or activity, but no such program, project, 
or activity shall be increased by more than 3 percent by any such 
transfer: Provided, That the transfer authority granted by this section 
shall be available only to meet emergency needs and shall not be used to 
create any new program or to fund any project or activity for which no 
funds are provided in this Act: Provided further, 
That <<NOTE: Notification. Deadline.>>  the Committees on Appropriations 
of the House of Representatives and the Senate are notified at least 15 
days in advance of any transfer.


                           (transfer of funds)


    Sec. 207. The Director of the National Institutes of Health, jointly 
with the Director of the Office of AIDS Research, may transfer up to 3 
percent among institutes and centers from the total amounts identified 
by these two Directors as funding for research pertaining to the human 
immunodeficiency virus: Provided, 
That <<NOTE: Notification. Deadline.>>  the Committees on Appropriations 
of the House of Representatives and the Senate are notified at least 15 
days in advance of any transfer.


                           (transfer of funds)


    Sec. 208. Of the amounts made available in this Act for the National 
Institutes of Health, the amount for research related to the human 
immunodeficiency virus, as jointly determined by the Director of the 
National Institutes of Health and the Director of the Office of AIDS 
Research, shall be made available to the ``Office of AIDS Research'' 
account. The Director of the Office of AIDS Research shall transfer from 
such account amounts necessary to carry out section 2353(d)(3) of the 
Public Health Service Act.
    Sec. 209.  None <<NOTE: Certification.>>  of the funds appropriated 
in this Act may be made available to any entity under title X of the 
Public Health Service Act unless the applicant for the award certifies 
to the Secretary of Health and Human Services that it encourages family 
participation in the decision of minors to seek family planning services 
and that it provides counseling to minors on how to resist attempts to 
coerce minors into engaging in sexual activities.

    Sec. 210. Notwithstanding any other provision of law, no provider of 
services under title X of the Public Health Service Act shall be exempt 
from any State law requiring notification or the reporting of child 
abuse, child molestation, sexual abuse, rape, or incest.
    Sec. 211. None of the funds appropriated by this Act (including 
funds appropriated to any trust fund) may be used to carry out the 
Medicare Advantage program if the Secretary of Health and

[[Page 123 STAT. 781]]

Human Services denies participation in such program to an otherwise 
eligible entity (including a Provider Sponsored Organization) because 
the entity informs the Secretary that it will not provide, pay for, 
provide coverage of, or provide referrals for abortions: Provided, That 
the Secretary shall make appropriate prospective adjustments to the 
capitation payment to such an entity (based on an actuarially sound 
estimate of the expected costs of providing the service to such entity's 
enrollees): Provided further, That nothing in this section shall be 
construed to change the Medicare program's coverage for such services 
and a Medicare Advantage organization described in this section shall be 
responsible for informing enrollees where to obtain information about 
all Medicare covered services.
    Sec. 212. <<NOTE: Drugs and drug 
abuse. Certification. Deadline. Tobacco and tobacco products.>>  (a) 
Except as provided by subsection (e) none of the funds appropriated by 
this Act may be used to withhold substance abuse funding from a State 
pursuant to section 1926 of the Public Health Service Act if such State 
certifies to the Secretary of Health and Human Services by May 1, 2009, 
that the State will commit additional State funds, in accordance with 
subsection (b), to ensure compliance with State laws prohibiting the 
sale of tobacco products to individuals under 18 years of age.

    (b) The amount of funds to be committed by a State under subsection 
(a) shall be equal to 1 percent of such State's substance abuse block 
grant allocation for each percentage point by which the State misses the 
retailer compliance rate goal established by the Secretary under section 
1926 of such Act.
    (c) The State is to maintain State expenditures in fiscal year 2009 
for tobacco prevention programs and for compliance activities at a level 
that is not less than the level of such expenditures maintained by the 
State for fiscal year 2008, and adding to that level the additional 
funds for tobacco compliance activities required under subsection 
(a). <<NOTE: Reports. Deadline.>>  The State is to submit a report to 
the Secretary on all fiscal year 2008 State expenditures and all fiscal 
year 2009 obligations for tobacco prevention and compliance activities 
by program activity by July 31, 2009.

    (d) The Secretary shall exercise discretion in enforcing the timing 
of the State obligation of the additional funds required by the 
certification described in subsection (a) as late as July 31, 2009.
    (e) None of the funds appropriated by this Act may be used to 
withhold substance abuse funding pursuant to section 1926 of the Public 
Health Service Act from a territory that receives less than $1,000,000.
    Sec. 213. In order for the Department of Health and Human Services 
to carry out international health activities, including HIV/AIDS and 
other infectious disease, chronic and environmental disease, and other 
health activities abroad during fiscal year 2009:
            (1) The Secretary of Health and Human Services may exercise 
        authority equivalent to that available to the Secretary of State 
        in section 2(c) of the State Department Basic Authorities Act of 
        1956. The Secretary of Health and Human Services shall consult 
        with the Secretary of State and relevant Chief of Mission to 
        ensure that the authority provided in this section is exercised 
        in a manner consistent with section 207 of the Foreign Service 
        Act of 1980 and other applicable statutes administered by the 
        Department of State.
            (2) The Secretary of Health and Human Services is authorized 
        to provide such funds by advance or reimbursement to

[[Page 123 STAT. 782]]

        the Secretary of State as may be necessary to pay the costs of 
        acquisition, lease, alteration, renovation, and management of 
        facilities outside of the United States for the use of the 
        Department of Health and Human Services. The Department of State 
        shall cooperate fully with the Secretary of Health and Human 
        Services to ensure that the Department of Health and Human 
        Services has secure, safe, functional facilities that comply 
        with applicable regulation governing location, setback, and 
        other facilities requirements and serve the purposes established 
        by this Act. The Secretary of Health and Human Services is 
        authorized, in consultation with the Secretary of State, through 
        grant or cooperative agreement, to make available to public or 
        nonprofit private institutions or agencies in participating 
        foreign countries, funds to acquire, lease, alter, or renovate 
        facilities in those countries as necessary to conduct programs 
        of assistance for international health activities, including 
        activities relating to HIV/AIDS and other infectious diseases, 
        chronic and environmental diseases, and other health activities 
        abroad.

    Sec. 214. (a) Authority.--Notwithstanding any other provision of 
law, the Director of the National Institutes of Health (``Director'') 
may use funds available under section 402(b)(7) or 402(b)(12) of the 
Public Health Service Act (``PHS Act'') to enter into transactions 
(other than contracts, cooperative agreements, or grants) to carry out 
research identified pursuant to such section 402(b)(7) (pertaining to 
the Common Fund) or research and activities described in such section 
402(b)(12).
    (b) Peer Review.--In entering into transactions under subsection 
(a), the Director may utilize such peer review procedures (including 
consultation with appropriate scientific experts) as the Director 
determines to be appropriate to obtain assessments of scientific and 
technical merit. <<NOTE: Applicability.>>  Such procedures shall apply 
to such transactions in lieu of the peer review and advisory council 
review procedures that would otherwise be required under sections 
301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the 
PHS Act.

    Sec. 215. Funds which are available for Individual Learning Accounts 
for employees of the Centers for Disease Control and Prevention 
(``CDC'') and the Agency for Toxic Substances and Disease Registry 
(``ATSDR'') may be transferred to ``Disease Control, Research, and 
Training'', to be available only for Individual Learning Accounts: 
Provided, That such funds may be used for any individual full-time 
equivalent employee while such employee is employed either by CDC or 
ATSDR.
    Sec. 216. <<NOTE: 42 USC 2940o note.>>  Notwithstanding any other 
provisions of law, funds made available in this Act may be used to 
continue operating the Council on Graduate Medical Education established 
by section 301 of Public Law 102-408.

    Sec. 217.  The <<NOTE: Electronic records. Public 
information. Deadline. 42 USC 282c.>>  Director of the National 
Institutes of Health (``NIH'') shall require in the current fiscal year 
and thereafter that all investigators funded by the NIH submit or have 
submitted for them to the National Library of Medicine's PubMed Central 
an electronic version of their final, peer-reviewed manuscripts upon 
acceptance for publication, to be made publicly available no later than 
12 months after the official date of publication: Provided, That the NIH 
shall implement the public access policy in a manner consistent with 
copyright law.

[[Page 123 STAT. 783]]

    Sec. 218. Not to exceed $35,000,000   of funds appropriated by this 
Act to the institutes and centers of the National Institutes of Health 
may be used for alteration, repair, or improvement of facilities, as 
necessary for the proper and efficient conduct of the activities 
authorized herein, at not to exceed $2,500,000 per project.


                           (transfer of funds)


    Sec. 219. Of the amounts made available for the National Institutes 
of Health, 1 percent of the amount made available for National Research 
Service Awards (``NRSA'') shall be made available to the Administrator 
of the Health Resources and Services Administration to make NRSA awards 
for research in primary medical care to individuals affiliated with 
entities who have received grants or contracts under section 747 of the 
Public Health Service Act, and 1 percent of the amount made available 
for NRSA shall be made available to the Director of the Agency for 
Healthcare Research and Quality to make NRSA awards for health service 
research.
    Sec. 220.  Section 223 of division G of the Consolidated 
Appropriations Act, 2008, <<NOTE: 42 USC 3514a.>>  is amended in its 
first proviso by striking ``for'' the first time it appears and 
inserting ``in''.

    Sec. 221. (a) In General.--Section 1927(c)(1)(D) of the Social 
Security Act <<NOTE: 42 USC 1396r-8.>>  (42 U.S.C. Sec. 1396r-
8(c)(1)(D)), as added by section 6001(d)(2) of the Deficit Reduction Act 
of 2005, is amended--

    (1) in clause (i)--
            (A) by redesignating subclause (IV) as subclause (VI); and
            (B) by inserting after subclause (III) the following:
                                    ``(IV) An entity that--
                                            ``(aa) is described in 
                                        section 501(c)(3) of the 
                                        Internal Revenue Code of 1986 
                                        and exempt from tax under 
                                        section 501(a) of such Act or is 
                                        State-owned or operated; and
                                            ``(bb) would be a covered 
                                        entity described in section 
                                        340(B)(a)(4) of the Public 
                                        Health Service Act insofar as 
                                        the entity provides the same 
                                        type of services to the same 
                                        type of populations as a covered 
                                        entity described in such section 
                                        provides, but does not receive 
                                        funding under a provision of law 
                                        referred to in such section;
                                    ``(V) A public or nonprofit entity, 
                                or an entity based at an institution of 
                                higher learning whose primary purpose is 
                                to provide health care services to 
                                students of that institution, that 
                                provides a service or services described 
                                under section 1001(a) of the Public 
                                Health Service Act, 42 U.S.C. 300.''.
            (2) by adding at the end the following new clause:
                          ``(iv) Rule of Construction.--Nothing in this 
                      subparagraph shall be construed to alter any 
                      existing statutory or regulatory prohibition on 
                      services with respect to an entity described in 
                      clause (i)(IV), including the prohibition set 
                      forth in section 1008 of the Public Health Service 
                      Act.''.

    (b) Effective Date.--The <<NOTE: 42 USC 1396r-8 note.>>  amendments 
made by this subsection shall take effect as if included in the 
amendment made by section 6001(d)(2) of the Deficit Reduction Act of 
2005.

[[Page 123 STAT. 784]]

    Sec. 222. Section 202 of Public Law 102-394 <<NOTE: 42 USC 238f 
note.>>  is hereby amended by substituting ``4,000'' for ``2,800''.

    Sec. 223. <<NOTE: Deadline. Notice. Public comment.>>  Within 60 
days of passage of this Act, the Secretary of the Department of Health 
and Human Services shall issue an Advanced Notice of Proposed Rulemaking 
to solicit public comment in advance of modifying regulations at 42 CFR 
Part 50 Subpart F for the purpose of strengthening Federal oversight and 
identifying enhancements of policies, including requirements for 
financial disclosure to institutions, governing financial conflicts of 
interest among extramural investigators receiving grant support from the 
National Institutes of Health.

    Sec. 224. <<NOTE: Designation. 42 USC 280g-1 note.>>  Hereafter, the 
activities authorized under section 399M of the Public Health Service 
Act shall be known as the ``James T. Walsh Universal Newborn Hearing 
Screening Program.''


                          (rescission of funds)


    Sec. 225. Of the funds available for carrying out section 204 of the 
Ticket to Work and Work Incentives Improvement Act of 1999 (Public Law 
106-170), $21,500,000 are rescinded: Provided, That notwithstanding 
subsection (c)(3)(B) of such section, in no case may the aggregate 
amount of payments made by the Secretary of Health and Human Services to 
States under such section exceed $223,500,000.
    Sec. 226. Section 1941(b)(1)(B) of the Social Security Act, as added 
by section 7002(b) of the Supplemental Appropriations Act, 2008, 
is <<NOTE: 42 USC 1396w-1.>>  amended by inserting ``each of'' after 
``for''.

    This title may be cited as the ``Department of Health and Human 
Services Appropriations Act, 2009''.

TITLE III <<NOTE: Department of Education Appropriations Act, 2009.>> 

                         DEPARTMENT OF EDUCATION

                     Education for the Disadvantaged

    For carrying out title I of the Elementary and Secondary Education 
Act of 1965 (``ESEA'') and section 418A of the Higher Education Act of 
1965, $15,760,086,000, of which $4,739,881,000 shall become available on 
July 1, 2009, and shall remain available through September 30, 2010, and 
of which $10,841,176,000 shall become available on October 1, 2009, and 
shall remain available through September 30, 2010, for academic year 
2009-2010: Provided, That $6,597,946,000 shall be for basic grants under 
section 1124 of the ESEA: Provided further, That up to $4,000,000 of 
these funds shall be available to the Secretary of Education on October 
1, 2008, to obtain annually updated local educational-agency-level 
census poverty data from the Bureau of the Census: Provided further, 
That $1,365,031,000 shall be for concentration grants under section 
1124A of the ESEA: Provided further, That $3,264,712,000 shall be for 
targeted grants under section 1125 of the ESEA: Provided further, That 
$3,264,712,000 shall be for education finance incentive grants under 
section 1125A of the ESEA: Provided further, That $9,167,000 shall be to 
carry out sections 1501 and 1503 of the ESEA.

[[Page 123 STAT. 785]]

                               Impact Aid

    For carrying out programs of financial assistance to federally 
affected schools authorized by title VIII of the Elementary and 
Secondary Education Act of 1965, $1,265,718,000, of which $1,128,535,000 
shall be for basic support payments under section 8003(b), $48,602,000 
shall be for payments for children with disabilities under section 
8003(d), $17,509,000 shall be for construction under section 8007(b) and 
shall remain available through September 30, 2010, $66,208,000 shall be 
for Federal property payments under section 8002, and $4,864,000, to 
remain available until expended, shall be for facilities maintenance 
under section 8008: Provided, That for purposes of computing the amount 
of a payment for an eligible local educational agency under section 
8003(a) for school year 2008-2009, children enrolled in a school of such 
agency that would otherwise be eligible for payment under section 
8003(a)(1)(B) of such Act, but due to the deployment of both parents or 
legal guardians, or a parent or legal guardian having sole custody of 
such children, or due to the death of a military parent or legal 
guardian while on active duty (so long as such children reside on 
Federal property as described in section 8003(a)(1)(B)), are no longer 
eligible under such section, shall be considered as eligible students 
under such section, provided such students remain in average daily 
attendance at a school in the same local educational agency they 
attended prior to their change in eligibility status.

                       School Improvement Programs

    For carrying out school improvement activities authorized by parts 
A, B, and D of title II, part B of title IV, subparts 6 and 9 of part D 
of title V, parts A and B of title VI, and parts B and C of title VII of 
the Elementary and Secondary Education Act of 1965 (``ESEA''); the 
McKinney-Vento Homeless Assistance Act; section 203 of the Educational 
Technical Assistance Act of 2002; the Compact of Free Association 
Amendments Act of 2003; and the Civil Rights Act of 1964, 
$5,362,016,000, of which $3,495,865,000 shall become available on July 
1, 2009, and remain available through September 30, 2010, and of which 
$1,681,441,000 shall become available on October 1, 2009, and shall 
remain available through September 30, 2010, for academic year 2009-
2010: Provided, That of the funds available for section 2103(a) of the 
ESEA, $5,000,000 shall be available for a school leadership partnership 
initiative and up to $7,500,000 shall be available for teacher and 
principal quality national activities administered by the Secretary of 
Education, as specified in the explanatory statement described in 
section 4 (in the matter preceding division A of this consolidated Act): 
Provided further, That funds made available to carry out part B of title 
VII of the ESEA may be used for construction, renovation and 
modernization of any elementary school, secondary school, or structure 
related to an elementary school or secondary school, run by the 
Department of Education of the State of Hawaii, that serves a 
predominantly Native Hawaiian student body: Provided further, 
That <<NOTE: Hawaii.>>  from the funds referred to in the preceding 
proviso, not less than $1,500,000 shall be for a grant to the Department 
of Education of the State of Hawaii for the activities described in such 
proviso, and $1,500,000 shall be for a grant to the University of Hawaii 
School of Law for a Center

[[Page 123 STAT. 786]]

of Excellence in Native Hawaiian law: Provided further, That funds made 
available to carry out part C of title VII of the ESEA may be used for 
construction: Provided further, That up to 100 percent of the funds 
available to a State educational agency under part D of title II of the 
ESEA may be used for subgrants described in section 2412(a)(2)(B) of 
such Act: Provided further, That $57,113,000 shall be available to carry 
out section 203 of the Educational Technical Assistance Act of 2002: 
Provided further, That $33,791,000 shall be available to carry out part 
D of title V of the ESEA: Provided further, That no funds appropriated 
under this heading may be used to carry out section 5494 under the ESEA: 
Provided further, That $17,687,000 shall be available to carry out the 
Supplemental Education Grants program for the Federated States of 
Micronesia and the Republic of the Marshall Islands: Provided further, 
That up to 5 percent of these amounts may be reserved by the Federated 
States of Micronesia and the Republic of the Marshall Islands to 
administer the Supplemental Education Grants programs and to obtain 
technical assistance, oversight and consultancy services in the 
administration of these grants and to reimburse the United States 
Departments of Labor, Health and Human Services, and Education for such 
services: Provided further, That $7,360,000 of the funds available for 
the Foreign Language Assistance Program shall be available for 5-year 
grants to local educational agencies that would work in partnership with 
one or more institutions of higher education to establish or expand 
articulated programs of study in languages critical to United States 
national security that will enable successful students to advance from 
elementary school through college to achieve a superior level of 
proficiency in those languages.

                            Indian Education

    For expenses necessary to carry out, to the extent not otherwise 
provided, title VII, part A of the Elementary and Secondary Education 
Act of 1965, $122,282,000.

                       Innovation and Improvement

    For carrying out activities authorized by part G of title I, subpart 
5 of part A and parts C and D of title II, parts B, C, and D of title V, 
and section 1504 of the Elementary and Secondary Education Act of 1965, 
$996,425,000: Provided, That $10,649,000 shall be provided to the 
National Board for Professional Teaching Standards to carry out section 
2151(c), including $1,000,000 to develop a National Board certification 
for principals of elementary and secondary schools: Provided further, 
That from funds for subpart 4, part C of title II, up to 3 percent shall 
be available to the Secretary of Education for technical assistance and 
dissemination of information: Provided further, That $347,640,000 shall 
be available to carry out part D of title V: Provided further, That 
$88,015,000 shall be used for the projects, and in the amounts, 
specified under the heading ``Innovation and Improvement'' in the 
explanatory statement described in section 4 (in the matter preceding 
division A of this consolidated Act): Provided further, That $97,270,000 
of the funds for subpart 1 shall be for competitive grants to local 
educational agencies, including charter schools that are local 
educational agencies, or States, or partnerships of: (1) a local 
educational agency, a State, or both; and (2) at least one

[[Page 123 STAT. 787]]

non-profit organization to develop and implement performance-based 
teacher and principal compensation systems in high-need schools: 
Provided further, That such performance-based compensation systems must 
consider gains in student academic achievement as well as classroom 
evaluations conducted multiple times during each school year among other 
factors and provide educators with incentives to take on additional 
responsibilities and leadership roles: Provided further, That up to 5 
percent of such funds for competitive grants shall be available for 
technical assistance, training, peer review of applications, program 
outreach and evaluation activities: Provided further, That of the funds 
available for part B of title V, the Secretary shall use up to 
$21,031,000 to carry out activities under section 5205(b) and under 
subpart 2, and shall use not less than $195,000,000 to carry out other 
activities authorized under subpart 1.

                 Safe Schools and Citizenship Education

    For carrying out activities authorized by subpart 3 of part C of 
title II, part A of title IV, and subparts 2, 3 and 10 of part D of 
title V of the Elementary and Secondary Education Act of 1965, 
$690,370,000, of which $294,759,000 shall become available on July 1, 
2009, and remain available through September 30, 2010: Provided, That 
$294,759,000 shall be available for subpart 1 of part A of title IV and 
$220,240,000 shall be available for subpart 2 of part A of title IV: 
Provided further, That $141,912,000 shall be available to carry out part 
D of title V: Provided further, That of the funds available to carry out 
subpart 3 of part C of title II, up to $13,383,000 may be used to carry 
out section 2345 and $2,957,000 shall be used by the Center for Civic 
Education to implement a comprehensive program to improve public 
knowledge, understanding, and support of the Congress and the State 
legislatures.

                      English Language Acquisition

    For carrying out part A of title III of the Elementary and Secondary 
Education Act of 1965, $730,000,000, which shall become available on 
July 1, 2009, and shall remain available through September 30, 2010, 
except that 6.5 percent of such amount shall be available on October 1, 
2008, and shall remain available through September 30, 2010, to carry 
out activities under section 3111(c)(1)(C): Provided, That the Secretary 
of Education shall use the American Community Survey child counts to 
calculate State allocations under such part but, for any State that 
would otherwise receive greater than a 10-percent reduction from its 
previous year's allocation, the Secretary shall carry out such 
calculation using the average of the American Community Survey child 
counts for the 3 most recent years.

                            Special Education

    For carrying out the Individuals with Disabilities Education Act 
(``IDEA'') and the Special Olympics Sport and Empowerment Act of 2004, 
$12,579,677,000, of which $3,726,354,000 shall become available on July 
1, 2009, and shall remain available through September 30, 2010, and of 
which $8,592,383,000 shall become available on October 1, 2009, and 
shall remain available through

[[Page 123 STAT. 788]]

September 30, 2010, for academic year 2009-2010: Provided, That 
$13,250,000 shall be for Recording for the Blind and Dyslexic, Inc., to 
support the development, production, and circulation of recorded 
educational materials: Provided further, That $737,000 shall be for the 
recipient of funds provided by Public Law 105-78 under section 
687(b)(2)(G) of the IDEA (as in effect prior to the enactment of the 
Individuals with Disabilities Education Improvement Act of 2004) to 
provide information on diagnosis, intervention, and teaching strategies 
for children with disabilities: Provided further, That the amount for 
section 611(b)(2) of the IDEA shall be equal to the lesser of the amount 
available for that activity during fiscal year 2008, increased by the 
amount of inflation as specified in section 619(d)(2)(B) of the IDEA, or 
the percentage increase in the funds appropriated under section 611(i) 
of the IDEA: Provided further, That funds made available for the Special 
Olympics Sport and Empowerment Act of 2004 may be used to support 
expenses associated with the Special Olympics National and World games 
hosted in the United States.

             Rehabilitation Services and Disability Research

    For carrying out, to the extent not otherwise provided, the 
Rehabilitation Act of 1973, the Assistive Technology Act of 1998, and 
the Helen Keller National Center Act, $3,387,762,000: Provided, That 
$3,088,000 shall be used for the projects, and in the amounts, specified 
under the heading ``Rehabilitation Services and Disability Research'' in 
the explanatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act).

           Special Institutions for Persons With Disabilities


                  american printing house for the blind


    For carrying out the Act of March 3, 1879, $22,599,000.


                national technical institute for the deaf


    For the National Technical Institute for the Deaf under titles I and 
II of the Education of the Deaf Act of 1986, $64,212,000, of which 
$1,175,000 shall be for construction and shall remain available until 
expended: Provided, That from the total amount available, the Institute 
may at its discretion use funds for the endowment program as authorized 
under section 207 of such Act.


                          Gallaudet University


    For the Kendall Demonstration Elementary School, the Model Secondary 
School for the Deaf, and the partial support of Gallaudet University 
under titles I and II of the Education of the Deaf Act of 1986, 
$124,000,000, of which $6,000,000 shall be for construction and shall 
remain available until expended: Provided, That from the total amount 
available, the University may at its discretion use funds for the 
endowment program as authorized under section 207 of such Act.

                 Career, Technical, and Adult Education

    For carrying out, to the extent not otherwise provided, the Carl D. 
Perkins Career and Technical Education Act of 2006, the

[[Page 123 STAT. 789]]

Adult Education and Family Literacy Act, subpart 4 of part D of title V 
of the Elementary and Secondary Education Act of 1965 (``ESEA'') and 
title VIII-D of the Higher Education Amendments of 1998, $1,944,348,000, 
of which $4,400,000 shall become available on October 1, 2008 and remain 
available until September 30, 2010, of which $1,148,948,000 shall become 
available on July 1, 2009, and shall remain available through September 
30, 2010, and of which $791,000,000 shall become available on October 1, 
2009, and shall remain available through September 30, 2010: Provided, 
That of the amount provided for Adult Education State Grants, 
$67,896,000 shall be made available for integrated English literacy and 
civics education services to immigrants and other limited English 
proficient populations: Provided further, That of the amount reserved 
for integrated English literacy and civics education, notwithstanding 
section 211 of the Adult Education and Family Literacy Act, 65 percent 
shall be allocated to States based on a State's absolute need as 
determined by calculating each State's share of a 10-year average of the 
United States Citizenship and Immigration Services data for immigrants 
admitted for legal permanent residence for the 10 most recent years, and 
35 percent allocated to States that experienced growth as measured by 
the average of the 3 most recent years for which United States 
Citizenship and Immigration Services data for immigrants admitted for 
legal permanent residence are available, except that no State shall be 
allocated an amount less than $60,000: Provided further, That of the 
amounts made available for the Adult Education and Family Literacy Act, 
$6,878,000 shall be for national leadership activities under section 243 
and $6,468,000 shall be for the National Institute for Literacy under 
section 242: Provided further, That $88,000,000 shall be available to 
support the activities authorized under subpart 4 of part D of title V 
of the ESEA, of which up to 5 percent shall become available October 1, 
2008, and shall remain available through September 30, 2010, for 
evaluation, technical assistance, school networks, peer review of 
applications, and program outreach activities, and of which not less 
than 95 percent shall become available on July 1, 2009, and remain 
available through September 30, 2010, for grants to local educational 
agencies: Provided further, That funds made available to local 
educational agencies under this subpart shall be used only for 
activities related to establishing smaller learning communities within 
large high schools or small high schools that provide alternatives for 
students enrolled in large high schools.

                      Student Financial Assistance


                      (including deferral of funds)


    For carrying out subparts 1, 3, and 4 of part A, part C and part E 
of title IV of the Higher Education Act of 1965, $19,156,973,000, which 
shall remain available through September 30, 2010.
    The maximum <<NOTE: 20 USC 1070a note.>>  Pell Grant for which a 
student shall be eligible during award year 2009-2010 shall be $4,860.

    Of the funds made available under section 401A(e)(1)(D) of the 
Higher Education Act of 1965, $887,000,000 shall not be available until 
October 1, 2009.

[[Page 123 STAT. 790]]

                       Student Aid Administration

    For Federal administrative expenses to carry out part D of title I, 
and subparts 1, 3, and 4 of part A, and parts B, C, D, and E of title IV 
of the Higher Education Act of 1965, $753,402,000, which shall remain 
available until expended.

                            Higher Education

    For carrying out, to the extent not otherwise provided, titles II, 
III, IV, V, VI, and VII of the Higher Education Act of 1965 (``HEA''), 
section 1543 of the Higher Education Amendments of 1992, the Mutual 
Educational and Cultural Exchange Act of 1961, title VIII of the Higher 
Education Amendments of 1998, part I of subtitle A of title VI of the 
America COMPETES Act, section 515 of the Federal Mine Safety and Health 
Act of 1977, and section 117 of the Carl D. Perkins Career and Technical 
Education Act of 2006, $2,100,150,000: Provided, That $9,687,000, to 
remain available through September 30, 2010, shall be available to fund 
fellowships for academic year 2010-2011 under subpart 1 of part A of 
title VII of the HEA, under the terms and conditions of such subpart 1: 
Provided further, That $609,000 shall be for data collection and 
evaluation activities for programs under the HEA, including such 
activities needed to comply with the Government Performance and Results 
Act of 1993: Provided further, That notwithstanding any other provision 
of law, funds made available in this Act to carry out title VI of the 
HEA and section 102(b)(6) of the Mutual Educational and Cultural 
Exchange Act of 1961 may be used to support visits and study in foreign 
countries by individuals who are participating in advanced foreign 
language training and international studies in areas that are vital to 
United States national security and who plan to apply their language 
skills and knowledge of these countries in the fields of government, the 
professions, or international development: Provided further, That of the 
funds referred to in the preceding proviso up to 1 percent may be used 
for program evaluation, national outreach, and information dissemination 
activities: Provided further, That up to $6,556,000 shall be available 
to continue funding for recipients of multi-year awards under section 
204 of the HEA, as that Act was in effect prior to the date of enactment 
of the Higher Education Opportunity Act (``HEOA''), in accordance with 
the terms of their awards: Provided further, That notwithstanding any 
other provision of law, funds available under section 371 of the HEA for 
Tribal Colleges and Universities may be used for construction grants, 
including such funds to recipients of continuation grants for multi-year 
awards that were made in fiscal year 2008 under section 316 of the HEA, 
as that Act was in effect prior to the date of enactment of the HEOA, in 
accordance with the terms of such multi-year awards: Provided further, 
That notwithstanding any other provision of law, a recipient of a multi-
year award under section 316 of the HEA, as that section was in effect 
prior to the date of enactment of the HEOA, that would have otherwise 
received a continuation award for fiscal year 2009 under that section, 
shall receive under section 316, as amended by the HEOA, not less than 
the amount that such recipient would have received under such a 
continuation award: Provided further, That the portion of the funds 
received under section 316 by a recipient described

[[Page 123 STAT. 791]]

in the preceding proviso that is equal to the amount of such 
continuation award shall be used in accordance with the terms of such 
continuation award: Provided further, That $1,000,000, to remain 
available until expended, shall be available to carry out a scholarship 
program for the purpose of increasing the skilled workforce for 
industrial health and safety occupations, including mine safety: 
Provided further, That <<NOTE: Designation.>>  the Secretary of 
Education shall identify these scholarships as ``Erma Byrd 
Scholarships'': <<NOTE: Notice. Federal Register, publication.>>  
Provided further, That such scholarships shall be awarded without regard 
to an applicant's prior work experience, but the Secretary shall, 
notwithstanding section 437 of the General Education Provisions Act and 
5 U.S.C. 553, by notice in the Federal Register, establish the 
eligibility requirements, service obligations, payback requirements, and 
other program requirements similar to those specified in section 515 of 
the Federal Mine Safety and Health Act as are necessary to implement 
such a program: Provided further, That such scholarship funds may be 
used to replace a student's expected family contribution, but 
institutions accepting such scholarship funds may not use these funds to 
supplant existing institutional aid: Provided further, That the 
Secretary shall be authorized to accept contributions for such 
scholarships from private sources: Provided further, That these funds 
shall be used for scholarships for academic year 2009-2010 and may be 
available for scholarships in academic year 2010-2011: Provided further, 
That $91,243,000 shall be used for the projects, and in the amounts, 
specified under the heading ``Higher Education'' in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act).

                            Howard University

    For partial support of Howard University, $234,977,000, of which not 
less than $3,464,000 shall be for a matching endowment grant pursuant to 
the Howard University Endowment Act and shall remain available until 
expended.

          College Housing and Academic Facilities Loans Program

    For Federal administrative expenses to carry out activities related 
to existing facility loans pursuant to section 121 of the Higher 
Education Act of 1965, $461,000.

  Historically Black College and University Capital Financing Program 
                                 Account

    Notwithstanding the limitations contained in section 344(a) of the 
Higher Education Act of 1965 (``HEA''), the aggregate principal amount 
of outstanding bonds insured under the Historically Black College and 
University Capital Financing Program is authorized to equal but not 
exceed $725,000,000, which may be used for loans to public and private 
historically black colleges and universities without regard to 
paragraphs (1) and (2) of section 344(a).
    For the cost of guaranteed loans, $10,000,000, as authorized 
pursuant to Part D of title III of the HEA: Provided, That such costs, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974: Provided further, 
That these funds are available to subsidize total loan principal, any 
part of which is to be guaranteed, not to exceed

[[Page 123 STAT. 792]]

$100,000,000. In addition, for administrative expenses to carry out the 
Historically Black College and University Capital Financing Program 
entered into pursuant to part D of title III of the HEA, $354,000.

                     Institute of Education Sciences

    For carrying out activities authorized by the Education Sciences 
Reform Act of 2002, the National Assessment of Educational Progress 
Authorization Act, section 208 of the Educational Technical Assistance 
Act of 2002, and section 664 of the Individuals with Disabilities 
Education Act, $617,175,000, of which $312,241,000 shall be available 
until September 30, 2010: Provided, That funds available to carry out 
section 208 of the Educational Technical Assistance Act may be used for 
Statewide data systems that include postsecondary and workforce 
information: Provided further, That up to $5,000,000 of the funds 
available to carry out section 208 of the Educational Technical 
Assistance Act may be used for State data coordinators and for awards to 
public or private organizations or agencies to improve data 
coordination.

                         Departmental Management


                         program administration


    For carrying out, to the extent not otherwise provided, the 
Department of Education Organization Act, including rental of conference 
rooms in the District of Columbia and hire of three passenger motor 
vehicles, $433,482,000, of which $5,400,000, to remain available until 
expended, shall be for relocation of, and renovation of buildings 
occupied by, Department staff.


                         Office for Civil Rights


    For expenses necessary for the Office for Civil Rights, as 
authorized by section 203 of the Department of Education Organization 
Act, $96,826,000.


                     Office of the Inspector General


    For expenses necessary for the Office of the Inspector General, as 
authorized by section 212 of the Department of Education Organization 
Act, $54,539,000.

                           General Provisions

    Sec. 301. <<NOTE: Racial desegregation.>>  No funds appropriated in 
this Act may be used for the transportation of students or teachers (or 
for the purchase of equipment for such transportation) in order to 
overcome racial imbalance in any school or school system, or for the 
transportation of students or teachers (or for the purchase of equipment 
for such transportation) in order to carry out a plan of racial 
desegregation of any school or school system.

    Sec. 302. None of the funds contained in this Act shall be used to 
require, directly or indirectly, the transportation of any student to a 
school other than the school which is nearest the student's home, except 
for a student requiring special education, to the school offering such 
special education, in order to comply with title VI of the Civil Rights 
Act of 1964. For the purpose

[[Page 123 STAT. 793]]

of this section an indirect requirement of transportation of students 
includes the transportation of students to carry out a plan involving 
the reorganization of the grade structure of schools, the pairing of 
schools, or the clustering of schools, or any combination of grade 
restructuring, pairing or clustering. The prohibition described in this 
section does not include the establishment of magnet schools.
    Sec. 303. <<NOTE: Voluntary prayer. Meditation.>>  No funds 
appropriated in this Act may be used to prevent the implementation of 
programs of voluntary prayer and meditation in the public schools.


                           (transfer of funds)


    Sec. 304. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985) which are appropriated for the Department of Education in this Act 
may be transferred between appropriations, but no such appropriation 
shall be increased by more than 3 percent by any such transfer: 
Provided, That the transfer authority granted by this section shall be 
available only to meet emergency needs and shall not be used to create 
any new program or to fund any project or activity for which no funds 
are provided in this Act: <<NOTE: Notification. Deadline.>>  Provided 
further, That the Committees on Appropriations of the House of 
Representatives and the Senate are notified at least 15 days in advance 
of any transfer.

    Sec. 305. <<NOTE: Montana.>>  The signature pages submitted by Heart 
Butte School District in Pondera County, Montana, as part of its 
application for Impact Aid under title VIII of the Elementary and 
Secondary Education Act of 1965, shall be considered to have been timely 
and complete for purposes of receiving funding under such program for 
fiscal year 2009.

    Sec. 306. The Outlying Areas may consolidate funds received under 
this Act as well as any remaining funds received under the Department of 
Education Appropriations Act, 2008, pursuant to 48 U.S.C. 1469a, under 
part A of title V of the Elementary and Secondary Education Act.
    This title may be cited as the ``Department of Education 
Appropriations Act, 2009''.

                                TITLE IV

                            RELATED AGENCIES

  Committee for Purchase From People Who Are Blind or Severely Disabled


                          Salaries and Expenses


    For expenses necessary for the Committee for Purchase From People 
Who Are Blind or Severely Disabled established by Public Law 92-28, 
$5,094,000.

             Corporation for National and Community Service

                           operating expenses

    For necessary expenses for the Corporation for National and 
Community Service to carry out the Domestic Volunteer Service Act of 
1973 (``1973 Act'') and the National and Community Service

[[Page 123 STAT. 794]]

Act of 1990 (``1990 Act''), $680,564,000, of which $309,835,000 shall be 
to carry out the 1973 Act and $370,729,000 shall be to carry out the 
1990 Act: Provided, That $27,500,000 of the amount provided under this 
heading shall be available to carry out subtitle E of the 1990 Act at 
five campuses throughout the United States: Provided further, That up to 
1 percent of program grant funds may be used to defray the costs of 
conducting grant application reviews, including the use of outside peer 
reviewers and electronic management of the grants cycle: Provided 
further, That none of the funds made available under this heading for 
activities authorized by section 122 and part E of title II of the 1973 
Act shall be used to provide stipends or other monetary incentives to 
program participants or volunteer leaders whose incomes exceed the 
income guidelines in subsections 211(e) and 213(b) of the 1973 Act: 
Provided further, That notwithstanding subtitle H of title I of the 1990 
Act, none of the funds provided for quality and innovation activities 
shall be used to support salaries and related expenses (including 
travel) attributable to Corporation for National and Community Service 
employees: Provided further, That of the amounts provided under this 
heading: (1) not more than $55,000,000 of grants made under subtitle C 
of the 1990 Act may be used to administer, reimburse, or support any 
national service program authorized under section 129(d)(2) of the 1990 
Act; and (2) $11,790,000 shall be to provide assistance to State 
commissions on national and community service, under section 126(a) of 
the 1990 Act and notwithstanding section 501(a)(4) of the 1990 Act.

                         national service trust

                      (including transfer of funds)

    For necessary expenses for the National Service Trust established 
under subtitle D of title I of the National and Community Service Act of 
1990 (``1990 Act''), $131,075,000, to remain available until expended: 
Provided, That the Corporation for National and Community Service may 
transfer additional funds from the amount provided within ``Operating 
Expenses'' for grants made under subtitle C of the 1990 Act to this 
appropriation upon determination that such transfer is necessary to 
support the activities of national service participants and after notice 
is transmitted to the Committees on Appropriations of the House of 
Representatives and the Senate: Provided further, That amounts 
appropriated for or transferred to the National Service Trust may be 
invested under section 145(b) of the 1990 Act without regard to the 
requirement to apportion funds under 31 U.S.C. 1513(b).


                          Salaries and Expenses


    For necessary expenses of administration as provided under section 
501(a)(4) of the National and Community Service Act of 1990 and under 
section 504(a) of the Domestic Volunteer Service Act of 1973, including 
payment of salaries, authorized travel, hire of passenger motor 
vehicles, the rental of conference rooms in the District of Columbia, 
the employment of experts and consultants authorized under 5 U.S.C. 
3109, and not to exceed $2,500 for official reception and representation 
expenses, $71,715,000.

[[Page 123 STAT. 795]]

                       Office of Inspector General


    For necessary expenses of the Office of Inspector General in 
carrying out the Inspector General Act of 1978, $6,512,000.


                        Administrative Provisions


    Sec. 401. <<NOTE: Definition.>>  Notwithstanding any other provision 
of law, the term ``qualified student loan'' with respect to national 
service education awards shall mean any loan determined by an 
institution of higher education to be necessary to cover a student's 
cost of attendance at such institution and made, insured, or guaranteed 
directly to a student by a State agency, in addition to other meanings 
under section 148(b)(7) of the National and Community Service Act of 
1990.

    Sec. 402. Notwithstanding any other provision of law, funds made 
available under section 129(d)(5)(B) of the National and Community 
Service Act of 1990 (``1990 Act'') to assist entities in placing 
applicants who are individuals with disabilities may be provided to any 
entity that receives a grant under section 121 of the 1990 Act.
    Sec. 403.  The <<NOTE: Notice. Public comment.>>  Corporation for 
National and Community Service (``the Corporation'') shall make any 
significant changes to program requirements, service delivery or policy 
only through public notice and comment rulemaking. For fiscal year 2009, 
during any grant selection process, an officer or employee of the 
Corporation shall not knowingly disclose any covered grant selection 
information regarding such selection, directly or indirectly, to any 
person other than an officer or employee of the Corporation that is 
authorized by the Corporation to receive such information.

    Sec. 404.  Professional Corps programs described in section 
122(a)(8) of the National and Community Service Act of 1990 may apply to 
the Corporation for National and Community Service for a waiver of 
application of section 140(c)(2).
    Sec. 405. Notwithstanding 31 U.S.C. 1342, the Corporation for 
National and Community Service (``the Corporation'') may solicit and 
accept the services of organizations and individuals (other than 
participants) to assist the Corporation in carrying out the duties of 
the Corporation under the national service laws: Provided, That an 
individual who provides services under this section shall be subject to 
the same protections and limitations as volunteers under section 196(a) 
of the National and Community Service Act of 1990.
    Sec. 406. Organizations operating projects under the AmeriCorps 
Education Awards Program shall do so without regard to the requirements 
of sections 121(d) and (e), 131(e), 132, and 140(a), (d), and (e) of the 
National and Community Service Act of 1990.
    Sec. 407. <<NOTE: 42 USC 12571 note.>>  AmeriCorps programs 
receiving grants under the National Service Trust program shall meet an 
overall minimum share requirement of 24 percent for the first three 
years that they receive AmeriCorps funding, and thereafter shall meet 
the overall minimum share requirement as provided in section 2521.60 of 
title 45, Code of Federal Regulations, without regard to the operating 
costs match requirement in section 121(e) or the member support Federal 
share limitations in section 140 of the National and Community Service 
Act of 1990, and subject to partial waiver

[[Page 123 STAT. 796]]

consistent with section 2521.70 of title 45, Code of Federal 
Regulations.

    Sec. 408. Notwithstanding any other provision of law, formula-based 
grants to States and territories under section 129(a)(1)-(2) of the 
National and Community Service Act of 1990 to operate AmeriCorps 
programs may be made if the application describes proposed positions 
into which participants will be placed, the proposed minimum 
qualifications of such participants, and includes an assurance that the 
State will select national service programs for subgrants on a 
competitive basis, and an assurance that the aforementioned information 
will be provided for each subgrant awarded prior to the execution of 
such subgrants.


                           (transfer of funds)


    Sec. 409.  For <<NOTE: Deadline. Notice. 42 USC 12601a.>>  fiscal 
year 2009 and thereafter, in addition to amounts otherwise provided to 
the National Service Trust, at no later than the end of the fifth fiscal 
year after the fiscal year for which funds are appropriated or otherwise 
made available, unobligated balances of appropriations available for 
grants under the National Service Trust Program under subtitle C of 
title I of the 1990 Act during such fiscal year may be transferred to 
the National Service Trust after notice is transmitted to the Committees 
on Appropriations of the House of Representatives and the Senate, if 
such funds are initially obligated before the expiration of their period 
of availability.

    Sec. 410. Of the amounts provided in this Act which the Corporation 
for National and Community Service (``the Corporation'') allocates for 
the provision of assistance under subsections 129(a) and (b) of the 
National and Community Service Act of 1990 (``1990 Act''), the 
Corporation shall apply the formula in section 129(a)(1) of the 1990 Act 
in such a manner so as to ensure that each State shall receive a minimum 
of $500,000: Provided, That, in no event shall the total amount allotted 
under section 129(a)(1) exceed 33\1/3\ percent of the funds allocated by 
the Corporation for the provision of assistance under subsections 129(a) 
and (b) of the 1990 Act.
    Sec. 411. Notwithstanding section 139(b) of the National and 
Community Service Act of 1990 (``1990 Act''), an individual in an 
approved national service position performing full-time or part-time 
national service directly related to disaster relief efforts may 
continue in that term of service for a period of 6 months beyond the 
periods otherwise specified in sections 139(b) and 153(e) of the 1990 
Act or section 104 of the Domestic Volunteer Service Act of 1973. 
Service in an extended term as provided under this section shall 
constitute a single term of service for purposes of sections 146(b) and 
(c) of the 1990 Act.
    Sec. 412. Donations made to the Corporation for National and 
Community Service (``the Corporation'') under section 196 of the 
National and Community Service Act of 1990 (``1990 Act'') for the 
purposes of financing programs and operations under titles I and II of 
the 1973 Act or subtitles B, C, D, or E of title I of the 1990 Act shall 
be used to supplement and not supplant current programs and operations.

[[Page 123 STAT. 797]]

                   Corporation for Public Broadcasting

    For payment to the Corporation for Public Broadcasting 
(``Corporation''), as authorized by the Communications Act of 1934, an 
amount which shall be available within limitations specified by that 
Act, for the fiscal year 2011, $430,000,000: Provided, That no funds 
made available to the Corporation by this Act shall be used to pay for 
receptions, parties, or similar forms of entertainment for Government 
officials or employees: Provided further, That none of the funds 
contained in this paragraph shall be available or used to aid or support 
any program or activity from which any person is excluded, or is denied 
benefits, or is discriminated against, on the basis of race, color, 
national origin, religion, or sex: <<NOTE: Political test.>>  Provided 
further, That no funds made available to the Corporation by this Act 
shall be used to apply any political test or qualification in selecting, 
appointing, promoting, or taking any other personnel action with respect 
to officers, agents, and employees of the Corporation: Provided further, 
That for fiscal year 2009, in addition to the amounts provided above, 
$34,591,000 shall be for costs related to digital program production, 
development, and distribution, associated with the transition of public 
broadcasting to digital broadcasting, to be awarded as determined by the 
Corporation in consultation with public radio and television licensees 
or permittees, or their designated representatives: Provided further, 
That for fiscal year 2009, in addition to the amounts provided above, 
$26,642,000 is available pursuant to section 396(k)(10) of the 
Communications Act of 1934 for replacement and upgrade of the public 
radio interconnection system: Provided further, That none of the funds 
made available to the Corporation by this Act, division G of the 
Consolidated Appropriations Act, 2008, or the Continuing Appropriations 
Resolution, 2007, shall be used to support the Television Future Fund or 
any similar purpose.

               Federal Mediation and Conciliation Service

                          salaries and expenses

    For expenses necessary for the Federal Mediation and Conciliation 
Service (``Service'') to carry out the functions vested in it by the 
Labor Management Relations Act, 1947, including hire of passenger motor 
vehicles; for expenses necessary for the Labor-Management Cooperation 
Act of 1978; and for expenses necessary for the Service to carry out the 
functions vested in it by the Civil Service Reform Act, $45,476,000: 
Provided, That notwithstanding 31 U.S.C. 3302, fees charged, up to full-
cost recovery, for special training activities and other conflict 
resolution services and technical assistance, including those provided 
to foreign governments and international organizations, and for 
arbitration services shall be credited to and merged with this account, 
and shall remain available until expended: Provided further, That fees 
for arbitration services shall be available only for education, 
training, and professional development of the agency workforce: Provided 
further, That the Director of the Service is authorized to accept and 
use on behalf of the United States gifts of services and real, personal, 
or other property in the aid of any projects or functions within the 
Director's jurisdiction.

[[Page 123 STAT. 798]]

            Federal Mine Safety and Health Review Commission


                          Salaries and Expenses


    For expenses necessary for the Federal Mine Safety and Health Review 
Commission, $8,653,000.

                Institute of Museum and Library Services

    office of museum and library services: grants and administration

    For carrying out the Museum and Library Services Act of 1996 and the 
National Museum of African American History and Culture Act, 
$274,840,000, of which $10,737,000 shall be used for the projects, and 
in the amounts, specified under the heading ``Office of Museum and 
Library Services: Grants and Administration'' in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act): Provided, That funds may be made available for 
support through inter-agency agreement or grant to commemorative Federal 
commissions that support museum and library activities, in partnership 
with libraries and museums that are eligible for funding under programs 
carried out by the Institute of Museum and Library Services.

                  Medicare Payment Advisory Commission

                          salaries and expenses

    For expenses necessary to carry out section 1805 of the Social 
Security Act, $11,403,000, to be transferred to this appropriation from 
the Federal Hospital Insurance Trust Fund and the Federal Supplementary 
Medical Insurance Trust Fund.

                     National Council on Disability


                          Salaries and Expenses


    For expenses necessary for the National Council on Disability as 
authorized by title IV of the Rehabilitation Act of 1973, $3,206,000.

                     National Labor Relations Board


                          Salaries and Expenses


    For expenses necessary for the National Labor Relations Board to 
carry out the functions vested in it by the Labor-Management Relations 
Act, 1947, and other laws, $262,595,000: Provided, That no part of this 
appropriation shall be available to organize or assist in organizing 
agricultural laborers or used in connection with investigations, 
hearings, directives, or orders concerning bargaining units composed of 
agricultural laborers as referred to in section 2(3) of the Act of July 
5, 1935, and as amended by the Labor-Management Relations Act, 1947, and 
as defined in section 3(f) of the Act of June 25, 1938, and including in 
said definition employees engaged in the maintenance and operation of 
ditches, canals, reservoirs, and waterways when maintained or operated

[[Page 123 STAT. 799]]

on a mutual, nonprofit basis and at least 95 percent of the water stored 
or supplied thereby is used for farming purposes.

                        National Mediation Board


                          Salaries and Expenses


    For expenses necessary to carry out the provisions of the Railway 
Labor Act, including emergency boards appointed by the President, 
$12,992,000.

            Occupational Safety and Health Review Commission


                          Salaries and Expenses


    For expenses necessary for the Occupational Safety and Health Review 
Commission, $11,186,000.

                        Railroad Retirement Board


                     Dual Benefits Payments Account


    For payment to the Dual Benefits Payments Account, authorized under 
section 15(d) of the Railroad Retirement Act of 1974, $72,000,000, which 
shall include amounts becoming available in fiscal year 2009 pursuant to 
section 224(c)(1)(B) of Public Law 98-76; and in addition, an amount, 
not to exceed 2 percent of the amount provided herein, shall be 
available proportional to the amount by which the product of recipients 
and the average benefit received exceeds the amount available for 
payment of vested dual benefits: Provided, That the total amount 
provided herein shall be credited in 12 approximately equal amounts on 
the first day of each month in the fiscal year.


          Federal Payments to the Railroad Retirement Accounts


    For payment to the accounts established in the Treasury for the 
payment of benefits under the Railroad Retirement Act for interest 
earned on unnegotiated checks, $150,000, to remain available through 
September 30, 2010, which shall be the maximum amount available for 
payment pursuant to section 417 of Public Law 98-76.


                      Limitation on Administration


    For necessary expenses for the Railroad Retirement Board (``Board'') 
for administration of the Railroad Retirement Act and the Railroad 
Unemployment Insurance Act, $105,463,000, to be derived in such amounts 
as determined by the Board from the railroad retirement accounts and 
from moneys credited to the railroad unemployment insurance 
administration fund.

              limitation on the office of inspector general

    For expenses necessary for the Office of Inspector General 
(``Office'') for audit, investigatory and review activities, as 
authorized by the Inspector General Act of 1978, not more than 
$7,806,000, to be derived from the railroad retirement accounts and 
railroad unemployment insurance account: Provided, That none of the 
funds

[[Page 123 STAT. 800]]

made available in any other paragraph of this Act may be transferred to 
the Office; used to carry out any such transfer; used to provide any 
office space, equipment, office supplies, communications facilities or 
services, maintenance services, or administrative services for the 
Office; used to pay any salary, benefit, or award for any personnel of 
the Office; used to pay any other operating expense of the Office; or 
used to reimburse the Office for any service provided, or expense 
incurred, by the Office, except as permitted pursuant to the last 
proviso under this heading in division G of the Consolidated 
Appropriations Act, 2008.

                     Social Security Administration


                 Payments to Social Security Trust Funds


    For payment to the Federal Old-Age and Survivors Insurance Trust 
Fund and the Federal Disability Insurance Trust Fund, as provided under 
sections 201(m), 228(g), and 1131(b)(2) of the Social Security Act, 
$20,406,000.


                  Supplemental Security Income Program


    For carrying out titles XI and XVI of the Social Security Act, 
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as 
amended, and section 405 of Public Law 95-216, including payment to the 
Social Security trust funds for administrative expenses incurred 
pursuant to section 201(g)(1) of the Social Security Act, 
$30,471,537,000, to remain available until expended: Provided, That any 
portion of the funds provided to a State in the current fiscal year and 
not obligated by the State during that year shall be returned to the 
Treasury.
    For making, after June 15 of the current fiscal year, benefit 
payments to individuals under title XVI of the Social Security Act, for 
unanticipated costs incurred for the current fiscal year, such sums as 
may be necessary.
    For making benefit payments under title XVI of the Social Security 
Act for the first quarter of fiscal year 2010, $15,400,000,000, to 
remain available until expended.


                  Limitation on Administrative Expenses


    For necessary expenses, including the hire of two passenger motor 
vehicles, and not to exceed $15,000 for official reception and 
representation expenses, not more than $10,067,500,000 may be expended, 
as authorized by section 201(g)(1) of the Social Security Act, from any 
one or all of the trust funds referred to therein: Provided, That not 
less than $2,000,000 shall be for the Social Security Advisory Board: 
Provided further, That unobligated balances of funds provided under this 
paragraph at the end of fiscal year 2009 not needed for fiscal year 2009 
shall remain available until expended to invest in the Social Security 
Administration information technology and telecommunications hardware 
and software infrastructure, including related equipment and non-payroll 
administrative expenses associated solely with this information 
technology and telecommunications infrastructure: Provided further, That 
reimbursement to the trust funds under this heading for expenditures for 
official time for employees of the Social Security Administration 
pursuant to 5 U.S.C. 7131, and for facilities or

[[Page 123 STAT. 801]]

support services for labor organizations pursuant to policies, 
regulations, or procedures referred to in section 7135(b) of such title 
shall be made by the Secretary of the Treasury, with interest, from 
amounts in the general fund not otherwise appropriated, as soon as 
possible after such expenditures are made.
    From funds provided under the first paragraph, not less than 
$264,000,000 shall be available for the cost associated with conducting 
continuing disability reviews under titles II and XVI of the Social 
Security Act and for the cost associated with conducting 
redeterminations of eligibility under title XVI of the Social Security 
Act.
    In addition to the amounts made available above, and subject to the 
same terms and conditions, $240,000,000, for additional continuing 
disability reviews and redeterminations of eligibility: Provided, 
That <<NOTE: Reports.>>  the Commissioner shall provide to the Congress 
(at the conclusion of the fiscal year) a report on the obligation and 
expenditure of these additional amounts, similar to the reports that 
were required by section 103(d)(2) of Public Law 104-121 for fiscal 
years 1996 through 2002.

    In addition, $145,000,000 to be derived from administration fees in 
excess of $5.00 per supplementary payment collected pursuant to section 
1616(d) of the Social Security Act or section 212(b)(3) of Public Law 
93-66, which shall remain available until expended. To the extent that 
the amounts collected pursuant to such sections in fiscal year 2009 
exceed $145,000,000, the amounts shall be available in fiscal year 2010 
only to the extent provided in advance in appropriations Acts.
    In addition, up to $1,000,000 to be derived from fees collected 
pursuant to section 303(c) of the Social Security Protection Act, which 
shall remain available until expended.

                       office of inspector general


                      (including transfer of funds)


    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$28,000,000, together with not to exceed $70,127,000, to be transferred 
and expended as authorized by section 201(g)(1) of the Social Security 
Act from the Federal Old-Age and Survivors Insurance Trust Fund and the 
Federal Disability Insurance Trust Fund.
    In addition, an amount not to exceed 3 percent of the total provided 
in this appropriation may be transferred from the ``Limitation on 
Administrative Expenses'', Social Security Administration, to be merged 
with this account, to be available for the time and purposes for which 
this account is available: <<NOTE: Notice.>>  Provided, That notice of 
such transfers shall be transmitted promptly to the Committees on 
Appropriations of the House of Representatives and the Senate.

                                 TITLE V

                           GENERAL PROVISIONS

    Sec. 501. The Secretaries of Labor, Health and Human Services, and 
Education are authorized to transfer unexpended balances of prior 
appropriations to accounts corresponding to current appropriations 
provided in this Act. Such transferred balances shall

[[Page 123 STAT. 802]]

be used for the same purpose, and for the same periods of time, for 
which they were originally appropriated.
    Sec. 502. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 503. <<NOTE: Lobbying.>>  (a) No part of any appropriation 
contained in this Act shall be used, other than for normal and 
recognized executive-legislative relationships, for publicity or 
propaganda purposes, for the preparation, distribution, or use of any 
kit, pamphlet, booklet, publication, radio, television, or video 
presentation designed to support or defeat legislation pending before 
the Congress or any State legislature, except in presentation to the 
Congress or any State legislature itself.

    (b) No part of any appropriation contained in this Act shall be used 
to pay the salary or expenses of any grant or contract recipient, or 
agent acting for such recipient, related to any activity designed to 
influence legislation or appropriations pending before the Congress or 
any State legislature.
    Sec. 504. The Secretaries of Labor and Education are authorized to 
make available not to exceed $28,000 and $20,000, respectively, from 
funds available for salaries and expenses under titles I and III, 
respectively, for official reception and representation expenses; the 
Director of the Federal Mediation and Conciliation Service is authorized 
to make available for official reception and representation expenses not 
to exceed $5,000 from the funds available for ``Federal Mediation and 
Conciliation Service, Salaries and expenses''; and the Chairman of the 
National Mediation Board is authorized to make available for official 
reception and representation expenses not to exceed $5,000 from funds 
available for ``National Mediation Board, Salaries and expenses''.
    Sec. 505. <<NOTE: Needle distribution.>>  Notwithstanding any other 
provision of this Act, no funds appropriated in this Act shall be used 
to carry out any program of distributing sterile needles or syringes for 
the hypodermic injection of any illegal drug.

    Sec. 506. When issuing statements, press releases, requests for 
proposals, bid solicitations and other documents describing projects or 
programs funded in whole or in part with Federal money, all grantees 
receiving Federal funds included in this Act, including but not limited 
to State and local governments and recipients of Federal research 
grants, shall clearly state--
            (1) the percentage of the total costs of the program or 
        project which will be financed with Federal money;
            (2) the dollar amount of Federal funds for the project or 
        program; and
            (3) percentage and dollar amount of the total costs of the 
        project or program that will be financed by non-governmental 
        sources.

    Sec. 507. <<NOTE: Abortion.>>  (a) None of the funds appropriated in 
this Act, and none of the funds in any trust fund to which funds are 
appropriated in this Act, shall be expended for any abortion.

    (b) None of the funds appropriated in this Act, and none of the 
funds in any trust fund to which funds are appropriated in this Act, 
shall be expended for health benefits coverage that includes coverage of 
abortion.
    (c) The <<NOTE: Definition.>>  term ``health benefits coverage'' 
means the package of services covered by a managed care provider or 
organization pursuant to a contract or other arrangement.

[[Page 123 STAT. 803]]

    Sec. 508. <<NOTE: Abortion.>>  (a) The limitations established in 
the preceding section shall not apply to an abortion--
            (1) if the pregnancy is the result of an act of rape or 
        incest; or
            (2) in the case where a woman suffers from a physical 
        disorder, physical injury, or physical illness, including a 
        life-endangering physical condition caused by or arising from 
        the pregnancy itself, that would, as certified by a physician, 
        place the woman in danger of death unless an abortion is 
        performed.

    (b) Nothing in the preceding section shall be construed as 
prohibiting the expenditure by a State, locality, entity, or private 
person of State, local, or private funds (other than a State's or 
locality's contribution of Medicaid matching funds).
    (c) Nothing in the preceding section shall be construed as 
restricting the ability of any managed care provider from offering 
abortion coverage or the ability of a State or locality to contract 
separately with such a provider for such coverage with State funds 
(other than a State's or locality's contribution of Medicaid matching 
funds).
    (d)(1) None of the funds made available in this Act may be made 
available to a Federal agency or program, or to a State or local 
government, if such agency, program, or government subjects any 
institutional or individual health care entity to discrimination on the 
basis that the health care entity does not provide, pay for, provide 
coverage of, or refer for abortions.
    (2) In this subsection, the term ``health care entity'' includes an 
individual physician or other health care professional, a hospital, a 
provider-sponsored organization, a health maintenance organization, a 
health insurance plan, or any other kind of health care facility, 
organization, or plan.
    Sec. 509. (a) <<NOTE: Human embryos.>>  None of the funds made 
available in this Act may be used for--
            (1) the creation of a human embryo or embryos for research 
        purposes; or
            (2) research in which a human embryo or embryos are 
        destroyed, discarded, or knowingly subjected to risk of injury 
        or death greater than that allowed for research on fetuses in 
        utero under 45 CFR 46.204(b) and section 498(b) of the Public 
        Health Service Act (42 U.S.C. 289g(b)).

    (b) For <<NOTE: Definition.>>  purposes of this section, the term 
``human embryo or embryos'' includes any organism, not protected as a 
human subject under 45 CFR 46 as of the date of the enactment of this 
Act, that is derived by fertilization, parthenogenesis, cloning, or any 
other means from one or more human gametes or human diploid cells.

    Sec. 510. (a) <<NOTE: Drugs and drug abuse.>>  None of the funds 
made available in this Act may be used for any activity that promotes 
the legalization of any drug or other substance included in schedule I 
of the schedules of controlled substances established under section 202 
of the Controlled Substances Act except for normal and recognized 
executive-congressional communications.

    (b) The limitation in subsection (a) shall not apply when there is 
significant medical evidence of a therapeutic advantage to the use of 
such drug or other substance or that federally sponsored clinical trials 
are being conducted to determine therapeutic advantage.

[[Page 123 STAT. 804]]

    Sec. 511. None of the funds made available in this Act may be used 
to promulgate or adopt any final standard under section 1173(b) of the 
Social Security Act providing for, or providing for the assignment of, a 
unique health identifier for an individual (except in an individual's 
capacity as an employer or a health care provider), until legislation is 
enacted specifically approving the standard.
    Sec. 512.  None <<NOTE: Contracts.>>  of the funds made available in 
this Act may be obligated or expended to enter into or renew a contract 
with an entity if--
            (1) such entity is otherwise a contractor with the United 
        States and is subject to the requirement in 38 U.S.C. 4212(d) 
        regarding submission of an annual report to the Secretary of 
        Labor concerning employment of certain veterans; and
            (2) such <<NOTE: Reports.>>  entity has not submitted a 
        report as required by that section for the most recent year for 
        which such requirement was applicable to such entity.

    Sec. 513. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.
    Sec. 514. None of the funds made available by this Act to carry out 
the Library Services and Technology Act may be made available to any 
library covered by paragraph (1) of section 224(f) of such Act, as 
amended by the Children's Internet Protection Act, unless such library 
has made the certifications required by paragraph (4) of such section.
    Sec. 515. None of the funds made available by this Act to carry out 
part D of title II of the Elementary and Secondary Education Act of 1965 
may be made available to any elementary or secondary school covered by 
paragraph (1) of section 2441(a) of such Act, as amended by the 
Children's Internet Protection Act and the No Child Left Behind Act, 
unless the local educational agency with responsibility for such covered 
school has made the certifications required by paragraph (2) of such 
section.
    Sec. 516. <<NOTE: Notifications. Deadlines.>>  (a) None of the funds 
provided under this Act, or provided under previous appropriations Acts 
to the agencies funded by this Act that remain available for obligation 
or expenditure in fiscal year 2009, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that--
            (1) creates new programs;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel by any means for any 
        project or activity for which funds have been denied or 
        restricted;
            (4) relocates an office or employees;
            (5) reorganizes or renames offices;
            (6) reorganizes programs or activities; or
            (7) contracts out or privatizes any functions or activities 
        presently performed by Federal employees;

unless the Committees on Appropriations of the House of Representatives 
and the Senate are notified 15 days in advance of such reprogramming or 
of an announcement of intent relating to such reprogramming, whichever 
occurs earlier.

[[Page 123 STAT. 805]]

    (b) None of the funds provided under this Act, or provided under 
previous appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in fiscal year 2009, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure through a reprogramming 
of funds in excess of $500,000 or 10 percent, whichever is less, that--
            (1) augments existing programs, projects (including 
        construction projects), or activities;
            (2) reduces by 10 percent funding for any existing program, 
        project, or activity, or numbers of personnel by 10 percent as 
        approved by Congress; or
            (3) results from any general savings from a reduction in 
        personnel which would result in a change in existing programs, 
        activities, or projects as approved by Congress;

unless the Committees on Appropriations of the House of Representatives 
and the Senate are notified 15 days in advance of such reprogramming or 
of an announcement of intent relating to such reprogramming, whichever 
occurs earlier.
    Sec. 517. (a) <<NOTE: Political disclosures.>>  None of the funds 
made available in this Act may be used to request that a candidate for 
appointment to a Federal scientific advisory committee disclose the 
political affiliation or voting history of the candidate or the position 
that the candidate holds with respect to political issues not directly 
related to and necessary for the work of the committee involved.

    (b) None <<NOTE: Scientific information.>>  of the funds made 
available in this Act may be used to disseminate scientific information 
that is deliberately false or misleading.

    Sec. 518.  Within <<NOTE: Deadline. Operating plan.>>  45 days of 
enactment of this Act, each department and related agency funded through 
this Act shall submit an operating plan that details at the program, 
project, and activity level any funding allocations for fiscal year 2009 
that are different than those specified in this Act, the accompanying 
detailed table in the explanatory statement described in section 4 (in 
the matter preceding division A of this consolidated Act), or the fiscal 
year 2009 budget request.

    Sec. 519.  None <<NOTE: Aliens.>>  of the funds in this Act may be 
used to employ workers described in section 274A(h)(3) of the 
Immigration and Nationality Act.

    Sec. 520.  The <<NOTE: Reports.>>  Secretaries of Labor, Health and 
Human Services, and Education shall each prepare and submit to the 
Committees on Appropriations of the House of Representatives and the 
Senate a report on the number and amount of contracts, grants, and 
cooperative agreements exceeding $100,000 in value and awarded by the 
Department on a non-competitive basis during each quarter of fiscal year 
2009, but not to include grants awarded on a formula basis or directed 
by law. Such report shall include the name of the contractor or grantee, 
the amount of funding, the governmental purpose, including a 
justification for issuing the award on a non-competitive 
basis. <<NOTE: Deadline.>>  Such report shall be transmitted to the 
Committees within 30 days after the end of the quarter for which the 
report is submitted.

    Sec. 521. <<NOTE: Contracts. Certification.>>  None of the funds 
appropriated or otherwise made available by this Act may be used to 
enter into a contract in an amount greater than $5,000,000 or to award a 
grant in excess of such amount unless the prospective contractor or 
grantee certifies

[[Page 123 STAT. 806]]

in writing to the agency awarding the contract or grant that, to the 
best of its knowledge and belief, the contractor or grantee has filed 
all Federal tax returns required during the three years preceding the 
certification, has not been convicted of a criminal offense under the 
Internal Revenue Code of 1986, and has not, more than 90 days prior to 
certification, been notified of any unpaid Federal tax assessment for 
which the liability remains unsatisfied, unless the assessment is the 
subject of an installment agreement or offer in compromise that has been 
approved by the Internal Revenue Service and is not in default, or the 
assessment is the subject of a non-frivolous administrative or judicial 
proceeding.

    Sec. 522.  None of the funds appropriated in this Act shall be 
expended or obligated by the Commissioner of Social Security, for 
purposes of administering Social Security benefit payments under title 
II of the Social Security Act, to process any claim for credit for a 
quarter of coverage based on work performed under a social security 
account number that is not the claimant's number and the performance of 
such work under such number has formed the basis for a conviction of the 
claimant of a violation of section 208(a)(6) or (7) of the Social 
Security Act.
    Sec. 523. (a) Section 14002(a)(2)(A)(i) of division A of the 
American Recovery and Reinvestment Act of 2009 (Public Law 111-5) 
is <<NOTE: Ante, p. 280.>>  amended, in the matter preceding subclause 
(I), by inserting ``education'' after ``secondary''.

    (b) Section 14002(b)(1) of such division is amended by striking 
``14001'' and inserting ``14001(d)''.
    (c) Section 14003(a) of such division <<NOTE: Ante, p. 281.>>  is 
amended by striking ``the Adult and Family Literacy Act (20 U.S.C. 1400 
et seq.)'' and inserting ``the Adult Education and Family Literacy Act 
(20 U.S.C. 9201 et seq.)''.

    (d) Section 14005(a) of such division <<NOTE: Ante, p. 282.>>  is 
amended by striking ``14001'' and inserting ``14001(d)''.

    (e) Section 14005(d)(4)(C) of such division <<NOTE: Ante, p. 283.>>  
is amended by striking ``6401(e)(1)(9)(A)(ii)'' and inserting 
``6401(e)(1)(A)(ii)''.

    (f) Section 14005(d)(5) of such division is amended--
            (1) by striking ``1116(a)(7)(C)(iv)'' and inserting 
        ``1116(b)(7)(C)(iv)''; and
            (2) by striking ``1116(a)(8)(B)'' and inserting 
        ``1116(b)(8)(B)''.

    (g) Section 14011 of such division <<NOTE: Ante, p. 285.>>  is 
amended by inserting before the period at the end the following: ``, 
unless such funds are used to provide special education and related 
services to children with disabilities, as authorized by the Individuals 
with Disabilities Education Act (20 U.S.C. 1400 et seq.)''.

    (h) Section 14012(c) of such division <<NOTE: Ante, p. 286.>>  is 
amended to read as follows:

    ``(c) Criteria.--The Secretary shall not grant a waiver or 
modification under this section unless the Secretary determines that the 
State receiving such waiver or modification will not provide for 
elementary, secondary, and public higher education, for the fiscal year 
under consideration, a smaller percentage of the total revenues 
available to the State than the percentage provided for such purpose in 
the preceding fiscal year.''.

[[Page 123 STAT. 807]]

TITLE VI <<NOTE: 8 USC 1101 note.>> 

 AFGHAN ALLIES PROTECTION ACT OF 2009 <<NOTE: Afghan Allies Protection 
Act of 2009.>> 

SEC. 601. SHORT TITLE.

    This Act may be cited as the ``Afghan Allies Protection Act of 
2009''.

SEC. 602. PROTECTION FOR AFGHAN ALLIES.

    (a) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Committee on Armed Services, the Committee on 
        Foreign Relations, and the Committee on the Judiciary of the 
        Senate; and
            (2) the Committee on Armed Services, the Committee on 
        Foreign Affairs, and the Committee on the Judiciary of the House 
        of Representatives.

    (b) Special Immigrant Status for Certain Afghans.--
            (1) In general.--Subject to paragraph (3), the Secretary of 
        Homeland Security, or, notwithstanding any other provision of 
        law, the Secretary of State in consultation with the Secretary 
        of Homeland Security, may provide an alien described in 
        subparagraph (A), (B), or (C) of paragraph (2) with the status 
        of a special immigrant under section 101(a)(27) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), if the 
        alien--
                    (A) or an agent acting on behalf of the alien, 
                submits a petition for classification under section 
                203(b)(4) of such Act (8 U.S.C. 1153(b)(4));
                    (B) is otherwise eligible to receive an immigrant 
                visa;
                    (C) is otherwise admissible to the United States for 
                permanent residence (excluding the grounds for 
                inadmissibility specified in section 212(a)(4) of such 
                Act (8 U.S.C. 1182(a)(4)); and
                    (D) clears a background check and appropriate 
                screening, as determined by the Secretary of Homeland 
                Security.
            (2) Aliens described.--
                    (A) Principal aliens.--An alien is described in this 
                subparagraph if the alien--
                          (i) is a citizen or national of Afghanistan;
                          (ii) was or is employed by or on behalf of the 
                      United States Government in Afghanistan on or 
                      after October 7, 2001, for not less than one year;
                          (iii) provided faithful and valuable service 
                      to the United States Government, which is 
                      documented in a positive recommendation or 
                      evaluation, subject to subparagraph (D), from the 
                      employee's senior supervisor or the person 
                      currently occupying that position, or a more 
                      senior person, if the employee's senior supervisor 
                      has left the employer or has left Afghanistan; and
                          (iv) has experienced or is experiencing an 
                      ongoing serious threat as a consequence of the 
                      alien's employment by the United States 
                      Government.
                    (B) Spouse or child.--An alien is described in this 
                subparagraph if the alien--

[[Page 123 STAT. 808]]

                          (i) is the spouse or child of a principal 
                      alien described in subparagraph (A); and
                          (ii) is accompanying or following to join the 
                      principal alien in the United States.
                    (C) Surviving spouse or child.--An alien is 
                described in this subparagraph if the alien--
                          (i) was the spouse or child of a principal 
                      alien described in subparagraph (A) who had a 
                      petition for classification approved pursuant to 
                      this section or section 1059 of the National 
                      Defense Authorization Act for Fiscal Year 2006 
                      (Public Law 109-163; 8 U.S.C. 1101 note) which 
                      included the alien as an accompanying spouse or 
                      child; and
                          (ii) due to the death of the principal alien--
                                    (I) such petition was revoked or 
                                terminated (or otherwise rendered null); 
                                and
                                    (II) such petition would have been 
                                approved if the principal alien had 
                                survived.
                    (D) Approval by chief of mission required.--
                A <<NOTE: Risk assessment. Records.>>  recommendation or 
                evaluation required under subparagraph (A)(iii) shall be 
                accompanied by approval from the appropriate Chief of 
                Mission, or the designee of the appropriate Chief of 
                Mission, who shall conduct a risk assessment of the 
                alien and an independent review of records maintained by 
                the United States Government or hiring organization or 
                entity to confirm employment and faithful and valuable 
                service to the United States Government prior to 
                approval of a petition under this section.
            (3) Numerical limitations.--
                    (A) In general.--Except as provided in subparagraph 
                (C), the total number of principal aliens who may be 
                provided special immigrant status under this section may 
                not exceed 1,500 per year for each of the fiscal years 
                2009, 2010, 2011, 2012, and 2013.
                    (B) Exclusion from numerical limitations.--Aliens 
                provided special immigrant status under this subsection 
                shall not be counted against any numerical limitation 
                under sections 201(d), 202(a), or 203(b)(4) of the 
                Immigration and Nationality Act (8 U.S.C. 1151(d), 
                1152(a), and 1153(b)(4)).
                    (C) Carry forward.--
                          (i) Fiscal years 2009 through 2013.--If the 
                      numerical limitation specified in subparagraph (A) 
                      is not reached during a given fiscal year, with 
                      respect to fiscal year 2009, 2010, 2011, 2012, or 
                      2013, the numerical limitation specified in such 
                      subparagraph for the following fiscal year shall 
                      be increased by a number equal to the difference 
                      between--
                                    (I) the numerical limitation 
                                specified in subparagraph (A) for the 
                                given fiscal year; and
                                    (II) the number of principal aliens 
                                provided special immigrant status under 
                                this section during the given fiscal 
                                year.
                          (ii) Fiscal year 2014.--If the numerical 
                      limitation determined under clause (i) is not 
                      reached in fiscal year 2013, the total number of 
                      principal aliens who may be provided special 
                      immigrant status under this

[[Page 123 STAT. 809]]

                      subsection for fiscal year 2014 shall be equal to 
                      the difference between--
                                    (I) the numerical limitation 
                                determined under clause (i) for fiscal 
                                year 2013; and
                                    (II) the number of principal aliens 
                                provided such status under this section 
                                during fiscal year 2013.
            (4) Prohibition on fees.--The Secretary of Homeland Security 
        or the Secretary of State may not charge an alien described in 
        subparagraph (A), (B), or (C) of paragraph (2) any fee in 
        connection with an application for, or issuance of, a special 
        immigrant visa under this section.
            (5) Assistance with passport issuance.--The Secretary of 
        State shall make a reasonable effort to ensure that an alien 
        described in subparagraph (A), (B), or (C) of paragraph (2) who 
        is issued a special immigrant visa pursuant to this subsection 
        is provided with the appropriate series Afghan passport 
        necessary to enter the United States.
            (6) Protection of aliens.--The Secretary of State, in 
        consultation with the heads of other appropriate Federal 
        agencies, shall make a reasonable effort to provide an alien 
        described in subparagraph (A), (B), or (C) of paragraph (2) who 
        is seeking special immigrant status under this subsection 
        protection or to immediately remove such alien from Afghanistan, 
        if possible, if the Secretary determines, after consultation, 
        that such alien is in imminent danger.
            (7) Other eligibility for immigrant status.--No alien shall 
        be denied the opportunity to apply for admission under this 
        subsection solely because such alien qualifies as an immediate 
        relative or is eligible for any other immigrant classification.
            (8) Resettlement support.--A citizen or national of 
        Afghanistan who is granted special immigrant status described in 
        section 101(a)(27) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(27)) shall be eligible for resettlement 
        assistance, entitlement programs, and other benefits available 
        to refugees admitted under section 207 of such Act (8 U.S.C. 
        1157) for a period not to exceed 8 months.
            (9) Adjustment of status.--Notwithstanding paragraph (2), 
        (7), or (8) of subsection (c) of section 245 of the Immigration 
        and Nationality Act (8 U.S.C. 1255), the Secretary of Homeland 
        Security may adjust the status of an alien described in 
        subparagraph (A), (B), or (C) of paragraph (2) of this 
        subsection or in section 1244(b) of the Refugee Crisis in Iraq 
        Act of 2007 (Public Law 110-181; 122 Stat. 397) to that of an 
        alien lawfully admitted for permanent residence under subsection 
        (a) of such section 245 if the alien--
                    (A) was paroled or admitted as a nonimmigrant into 
                the United States; and
                    (B) is otherwise eligible for special immigrant 
                status under--
                          (i)(I) this subsection; or
                          (II) such section 1244(b); and
                          (ii) the Immigration and Nationality Act (8 
                      U.S.C. 1101 et seq.).
            (10) Report on implementation and authority to carry out 
        administrative measures.--

[[Page 123 STAT. 810]]

                    (A) Requirement for report.--Not later than one year 
                after the date of the enactment of this Act, the 
                Secretary of Homeland Security and the Secretary of 
                State, in consultation with the Secretary of Defense, 
                shall submit to the appropriate committees of Congress a 
                report on the implementation of this subsection.
                    (B) Content of report.--The report required by 
                subparagraph (A) shall describe actions taken, and 
                additional administrative measures that may be needed, 
                to ensure the integrity of the program established under 
                this subsection and the national security interests of 
                the United States related to such program.
                    (C) Authority to carry out administrative 
                measures.--The Secretary of Homeland Security and the 
                Secretary of State shall implement any additional 
                administrative measures described in subparagraph (B) as 
                they may deem necessary and appropriate to ensure the 
                integrity of the program established under this 
                subsection and the national security interests of the 
                United States related to such program.
            (11) Annual report on use of special immigrant status.--
                    (A) Requirement.--Not later than 120 days after the 
                date of the enactment of this Act, and annually 
                thereafter, the Secretary of Homeland Security shall 
                submit to the appropriate committees of Congress a 
                report on the number of citizens or nationals of 
                Afghanistan or Iraq who have applied for status as 
                special immigrants under this subsection or section 1244 
                of the Refugee Crisis in Iraq Act of 2007 (Public Law 
                110-181; 122 Stat. 396).
                    (B) Content.--Each report required by subparagraph 
                (A) submitted in a fiscal year shall include the 
                following information for the previous fiscal year:
                          (i) The number of citizens or nationals of 
                      Afghanistan or Iraq who submitted an application 
                      for status as a special immigrant pursuant to this 
                      section or section 1244 of the Refugee Crisis in 
                      Iraq Act of 2007 (Public Law 110-181; 122 Stat. 
                      396), disaggregated--
                                    (I) by the number of principal 
                                aliens applying for such status; and
                                    (II) by the number of spouses and 
                                children of principal aliens applying 
                                for such status.
                          (ii) The number of applications referred to in 
                      clause (i) that--
                                    (I) were approved; or
                                    (II) were denied, including a 
                                description of the basis for each 
                                denial.

    (c) Information Regarding Citizens or Nationals of Afghanistan 
Employed by the United States or Federal Contractors in Afghanistan.--
            (1) Requirement to compile information.--
                    (A) In general.--Not <<NOTE: Deadline. Records.>>  
                later than 120 days after the date of the enactment of 
                this Act, the Administrator of the United States Agency 
                for International Development, the Secretary of Defense, 
                the Secretary of Homeland Security, the Secretary of 
                State, and the Secretary of the Treasury shall--

[[Page 123 STAT. 811]]

                          (i) review internal records and databases of 
                      their respective agencies for information that can 
                      be used to verify employment of citizens or 
                      nationals of Afghanistan by the United States 
                      Government; and
                          (ii) request from each prime contractor or 
                      grantee that has performed work in Afghanistan 
                      since October 7, 2001, under a contract, grant, or 
                      cooperative agreement with their respective 
                      agencies that is valued in excess of $25,000, 
                      information that may be used to verify the 
                      employment of such citizens or nationals by such 
                      contractor or grantee.
                    (B) Information required.--To the extent data is 
                available, the information referred to in subparagraph 
                (A) shall include the name and dates of employment of, 
                biometric data for, and other data that can be used to 
                verify the employment of each citizen or national of 
                Afghanistan who has performed work in Afghanistan since 
                October 7, 2001, under a contract, grant, or cooperative 
                agreement with an executive agency.
            (2) Report on establishment of database.--Not later than 120 
        days after the date of the enactment of this Act, the Secretary 
        of Defense, in consultation with the Administrator of the United 
        States Agency for International Development, the Secretary of 
        Homeland Security, the Secretary of State, and the Secretary of 
        the Treasury, shall submit to the appropriate committees of 
        Congress a report examining the options for establishing a 
        unified and classified database of information related to 
        contracts, grants, or cooperative agreements entered into by 
        executive agencies for the performance of work in Afghanistan 
        since October 7, 2001, including the information described and 
        collected under paragraph (1), to be used by relevant Federal 
        departments and agencies to adjudicate refugee, asylum, special 
        immigrant visa, and other immigration claims and applications.
            (3) Report on noncompliance.--Not later than 180 days after 
        the date of the enactment of this Act, the President shall 
        submit to the appropriate committees of Congress a report that 
        describes--
                    (A) the inability or unwillingness of any contractor 
                or grantee to provide the information requested under 
                paragraph (1)(A)(ii); and
                    (B) the reasons that such contractor or grantee 
                provided for failing to provide such information.
            (4) Executive agency defined.--In this subsection, the term 
        ``executive agency'' has the meaning given that term in section 
        4 of the Office of Federal Procurement Policy Act (41 U.S.C. 
        403).

    (d) Rule of Construction.--Nothing in this section may be construed 
to affect the authority of the Secretary of Homeland Security under 
section 1059 of the National Defense Authorization Act for Fiscal Year 
2006 (Public Law 109-163; 8 U.S.C. 1101 note).
    This division may be cited as the ``Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropriations Act, 
2009''.

[[Page 123 STAT. 812]]

 DIVISION G--LEGISLATIVE <<NOTE: Legislative Branch Appropriations Act, 
2009.>>  BRANCH APPROPRIATIONS ACT, 2009

TITLE I <<NOTE: 2 USC 60a note.>> 

                           LEGISLATIVE BRANCH

                                 SENATE

                           Expense Allowances

    For expense allowances of the Vice President, $20,000; the President 
Pro Tempore of the Senate, $40,000; Majority Leader of the Senate, 
$40,000; Minority Leader of the Senate, $40,000; Majority Whip of the 
Senate, $10,000; Minority Whip of the Senate, $10,000; Chairmen of the 
Majority and Minority Conference Committees, $5,000 for each Chairman; 
and Chairmen of the Majority and Minority Policy Committees, $5,000 for 
each Chairman; in all, $180,000.

     Representation Allowances for the Majority and Minority Leaders

    For representation allowances of the Majority and Minority Leaders 
of the Senate, $15,000 for each such Leader; in all, $30,000.

                    Salaries, Officers and Employees

    For compensation of officers, employees, and others as authorized by 
law, including agency contributions, $171,699,000, which shall be paid 
from this appropriation without regard to the following limitations:


                      office of the vice president


    For the Office of the Vice President, $2,413,000.


                   office of the president pro tempore


    For the Office of the President Pro Tempore, $720,000.


              office of the president pro tempore emeritus


    For the Office of the President Pro Tempore Emeritus, $100,000.


              offices of the majority and minority leaders


    For Offices of the Majority and Minority Leaders, $4,998,000.


               offices of the majority and minority whips


    For Offices of the Majority and Minority Whips, $3,096,000.


                       committee on appropriations


    For salaries of the Committee on Appropriations, $15,200,000.

[[Page 123 STAT. 813]]

                          conference committees


    For the Conference of the Majority and the Conference of the 
Minority, at rates of compensation to be fixed by the Chairman of each 
such committee, $1,655,000 for each such committee; in all, $3,310,000.


  offices of the secretaries of the conference of the majority and the 
                       conference of the minority


    For Offices of the Secretaries of the Conference of the Majority and 
the Conference of the Minority, $814,000.


                            policy committees


    For salaries of the Majority Policy Committee and the Minority 
Policy Committee, $1,690,000 for each such committee; in all, 
$3,380,000.


                         office of the chaplain


    For Office of the Chaplain, $397,000.


                         office of the secretary


    For Office of the Secretary, $24,020,000.


              office of the sergeant at arms and doorkeeper


    For Office of the Sergeant at Arms and Doorkeeper, $66,800,000.


        offices of the secretaries for the majority and minority


    For Offices of the Secretary for the Majority and the Secretary for 
the Minority, $1,758,000.


                agency contributions and related expenses


    For agency contributions for employee benefits, as authorized by 
law, and related expenses, $44,693,000.

             Office of the Legislative Counsel of the Senate

    For salaries and expenses of the Office of the Legislative Counsel 
of the Senate, $6,743,000.

                     Office of Senate Legal Counsel

    For salaries and expenses of the Office of Senate Legal Counsel, 
$1,484,000.

Expense Allowances of the Secretary of the Senate, Sergeant at Arms and 
Doorkeeper of the Senate, and Secretaries for the Majority and Minority 
                              of the Senate

    For expense allowances of the Secretary of the Senate, $7,500; 
Sergeant at Arms and Doorkeeper of the Senate, $7,500; Secretary for the 
Majority of the Senate, $7,500; Secretary for the Minority of the 
Senate, $7,500; in all, $30,000.

[[Page 123 STAT. 814]]

                    Contingent Expenses of the Senate


                      inquiries and investigations


    For expenses of inquiries and investigations ordered by the Senate, 
or conducted under paragraph 1 of rule XXVI of the Standing Rules of the 
Senate, section 112 of the Supplemental Appropriations and Rescission 
Act, 1980 (Public Law 96-304), and Senate Resolution 281, 96th Congress, 
agreed to March 11, 1980, $137,400,000.


 expenses of the united states senate caucus on international narcotics 
                                 control


    For expenses of the United States Senate Caucus on International 
Narcotics Control, $520,000.


                         secretary of the senate


    For expenses of the Office of the Secretary of the Senate, 
$2,000,000.


              sergeant at arms and doorkeeper of the senate


    For expenses of the Office of the Sergeant at Arms and Doorkeeper of 
the Senate, $153,601,000, which shall remain available until September 
30, 2013.


                           miscellaneous items


    For miscellaneous items, $21,043,000, of which up to $500,000 shall 
be made available for a pilot program for mailings of postal patron 
postcards by Senators for the purpose of providing notice of a town 
meeting by a Senator in a county (or equivalent unit of local 
government) at which the Senator will personally attend: Provided, That 
any amount allocated to a Senator for such mailing shall not exceed 50 
percent of the cost of the mailing and the remaining cost shall be paid 
by the Senator from other funds available to the Senator.


         senators' official personnel and office expense account


    For Senators' Official Personnel and Office Expense Account, 
$400,000,000.


                           Official Mail Costs


    For expenses necessary for official mail costs of the Senate, 
$300,000.

                        Administrative Provisions

    Sec. 1. <<NOTE: 2 USC 61-1, 61-1 note. Effective date.>>  Gross Rate 
of Compensation in Offices of Senators.   Effective on and after October 
1, 2008, each of the dollar amounts contained in the table under section 
105(d)(1)(A) of the Legislative Branch Appropriations Act, 1968 (2 
U.S.C. 61-1(d)(1)(A)) shall be deemed to be the dollar amounts in that 
table, as adjusted by law and in effect on September 30, 2008, increased 
by an additional $50,000 each.

    Sec. 2. <<NOTE: 2 USC 61h-6.>>  Consultants. (a) In General.--

[[Page 123 STAT. 815]]

            (1) The first sentence of section 101(a) of the Supplemental 
        Appropriations Act, 1977 (2 U.S.C. 61h-6(a)) is amended by 
        striking ``eight individual consultants'' and inserting ``nine 
        individual consultants''.
            (2) The second sentence of section 101(a) of the 
        Supplemental Appropriations Act, 1977 (2 U.S.C. 61h-6(a)) is 
        amended by striking ``two individual consultants'' and inserting 
        ``three individual consultants''.

    (b) Effective Date.--This <<NOTE: 2 USC 61h-6 note.>>  section shall 
take effect on the date of enactment of this Act and shall apply to 
fiscal year 2009 and each fiscal year thereafter.

                        HOUSE OF REPRESENTATIVES

                          Salaries and Expenses

    For salaries and expenses of the House of Representatives, 
$1,301,267,000, as follows:


                        house leadership offices


    For salaries and expenses, as authorized by law, $25,113,000, 
including: Office of the Speaker, $4,879,000, including $25,000 for 
official expenses of the Speaker; Office of the Majority Floor Leader, 
$2,436,000, including $10,000 for official expenses of the Majority 
Leader; Office of the Minority Floor Leader, $4,390,000, including 
$10,000 for official expenses of the Minority Leader; Office of the 
Majority Whip, including the Chief Deputy Majority Whip, $2,115,000, 
including $5,000 for official expenses of the Majority Whip; Office of 
the Minority Whip, including the Chief Deputy Minority Whip, $1,630,000, 
including $5,000 for official expenses of the Minority Whip; Speaker's 
Office for Legislative Floor Activities, $501,000; Republican Steering 
Committee, $950,000; Republican Conference, $1,777,000; Republican 
Policy Committee, $337,000; Democratic Steering and Policy Committee, 
$1,315,000; Democratic Caucus, $1,749,000; nine minority employees, 
$1,502,000; training and program development--majority, $290,000; 
training and program development--minority, $290,000; Cloakroom 
Personnel--majority, $476,000; and Cloakroom Personnel--minority, 
$476,000.

  Members' Representational Allowances Including Members' Clerk Hire, 
             Official Expenses of Members, and Official Mail

    For Members' representational allowances, including Members' clerk 
hire, official expenses, and official mail, $609,000,000.

                           Committee Employees

                 Standing Committees, Special and Select

    For salaries and expenses of standing committees, special and 
select, authorized by House resolutions, $154,000,000: Provided, That 
such amount shall remain available for such salaries and expenses until 
December 31, 2010, except that $9,500,000 of such amount shall remain 
available until expended for committee room upgrading.

[[Page 123 STAT. 816]]

                       Committee on Appropriations

    For salaries and expenses of the Committee on Appropriations, 
$31,300,000, including studies and examinations of executive agencies 
and temporary personal services for such committee, to be expended in 
accordance with section 202(b) of the Legislative Reorganization Act of 
1946 and to be available for reimbursement to agencies for services 
performed: Provided, That such amount shall remain available for such 
salaries and expenses until December 31, 2010.

                    Salaries, Officers and Employees

    For compensation and expenses of officers and employees, as 
authorized by law, $187,954,000, including: for salaries and expenses of 
the Office of the Clerk, including not more than $23,000, of which not 
more than $20,000 is for the Family Room, for official representation 
and reception expenses, $27,457,000, of which $500,000 shall remain 
available until December 31, 2010 and $2,060,000 shall remain available 
until expended; for salaries and expenses of the Office of the Sergeant 
at Arms, including the position of Superintendent of Garages, and 
including not more than $3,000 for official representation and reception 
expenses, $8,355,000; for salaries and expenses of the Office of the 
Chief Administrative Officer, including not more than $3,000 for 
official representation and reception expenses, $125,838,000, of which 
$7,057,000 shall remain available until expended; for salaries and 
expenses of the Office of the Inspector General, $4,945,000; for 
salaries and expenses of the Office of Emergency Planning, Preparedness 
and Operations, $3,974,000, to remain available until expended; for 
salaries and expenses of the Office of General Counsel, $1,357,000; for 
the Office of the Chaplain, $173,000; for salaries and expenses of the 
Office of the Parliamentarian, including the Parliamentarian, $2,000 for 
preparing the Digest of Rules, and not more than $1,000 for official 
representation and reception expenses, $2,007,000; for salaries and 
expenses of the Office of the Law Revision Counsel of the House, 
$3,057,000; for salaries and expenses of the Office of the Legislative 
Counsel of the House, $8,337,000; for salaries and expenses of the 
Office of Interparliamentary Affairs, $777,000; for other authorized 
employees, $1,158,000; and for salaries and expenses of the Office of 
the Historian, including the costs of the House Fellows Program 
(including lodging and related expenses for visiting Program 
participants), $519,000.

                         Allowances and Expenses

    For allowances and expenses as authorized by House resolution or 
law, $293,900,000, including: supplies, materials, administrative costs 
and Federal tort claims, $11,656,000, of which $2,500,000 shall remain 
available until expended; official mail for committees, leadership 
offices, and administrative offices of the House, $201,000; Government 
contributions for health, retirement, Social Security, and other 
applicable employee benefits, $260,703,000; supplies, materials, and 
other costs relating to the House portion of expenses for the Capitol 
Visitor Center, $1,900,000, to remain available until expended; Business 
Continuity and Disaster Recovery, $18,698,000, of which $6,260,000 shall 
remain available until expended; and

[[Page 123 STAT. 817]]

miscellaneous items including purchase, exchange, maintenance, repair 
and operation of House motor vehicles, interparliamentary receptions, 
and gratuities to heirs of deceased employees of the House, $742,000.

                            Child Care Center

    For salaries and expenses of the House of Representatives Child Care 
Center, such amounts as are deposited in the account established by 
section 312(d)(1) of the Legislative Branch Appropriations Act, 1992 (2 
U.S.C. 2062), subject to the level specified in the budget of the 
Center, as submitted to the Committee on Appropriations of the House of 
Representatives.

                        Administrative Provisions

    Sec. 101. (a) Requiring Amounts Remaining in Members' 
Representational Allowances To Be Used for Deficit Reduction or To 
Reduce the Federal Debt.--Notwithstanding any other provision of law, 
any amounts appropriated under this Act for ``HOUSE OF REPRESENTATIVES--
Salaries and Expenses--Members' Representational Allowances'' shall be 
available only for fiscal year 2009. Any amount remaining after all 
payments are made under such allowances for fiscal year 2009 shall be 
deposited in the Treasury and used for deficit reduction (or, if there 
is no Federal budget deficit after all such payments have been made, for 
reducing the Federal debt, in such manner as the Secretary of the 
Treasury considers appropriate).
    (b) Regulations.--The Committee on House Administration of the House 
of Representatives shall have authority to prescribe regulations to 
carry out this section.
    (c) Definition.--As used in this section, the term ``Member of the 
House of Representatives'' means a Representative in, or a Delegate or 
Resident Commissioner to, the Congress.
    Sec. 102. (a) The Chief Administrative Officer of the House of 
Representatives shall deposit all amounts received as promotional 
rebates and incentives on credit card purchases, balances, and payments 
into the House Services Revolving Fund under section 105 of the 
Legislative Branch Appropriations Act, 2005.
    (b) Section 105(a) of the Legislative Branch Appropriations Act, 
2005 (2 U.S.C. 117m(a)) is amended by adding at the end the following 
new paragraph:
            ``(6) The collection of promotional rebates and incentives 
        on credit card purchases, balances, and payments.''.

    (c) The <<NOTE: Applicability. 2 USC 117m note.>>  amendments made 
by this section shall apply with respect to fiscal year 2009 and each 
succeeding fiscal year.

    Sec. 103. (a) Section 101 of the Legislative Branch Appropriations 
Act, 1993 (2 U.S.C. 95b) is amended by adding at the end the following 
new subsection:
    ``(d) Amounts appropriated for any fiscal year for the House of 
Representatives under the heading `Allowances and Expenses' may be 
transferred to the Architect of the Capitol and made available under the 
heading `House Office Buildings', subject to the approval of the 
Committee on Appropriations of the House of Representatives.''.
    (b) The <<NOTE: Applicability. 2 USC 95b note.>>  amendment made by 
subsection (a) shall apply with respect to fiscal year 2009 and each 
succeeding fiscal year.

[[Page 123 STAT. 818]]

    Sec. 104. (a) <<NOTE: Effective dates. 2 USC 74a-10a.>>  Effective 
with respect to fiscal year 2008 and each succeeding fiscal year, the 
aggregate amount otherwise authorized to be appropriated for a fiscal 
year for the lump-sum allowance for each of the following offices is 
increased as follows:
            (1) The allowance for the office of the Majority Floor 
        Leader is increased by $200,000.
            (2) The allowance for the office of the Minority Floor 
        Leader is increased by $200,000.

    (b) Effective <<NOTE: Effective dates.>>  with respect to fiscal 
year 2009 and each succeeding fiscal year, the aggregate amount 
otherwise authorized to be appropriated for a fiscal year for the lump-
sum allowance for each of the following offices is increased as follows:
            (1) The allowance for the office of the Majority Whip is 
        increased by $72,000.
            (2) The allowance for the office of the Minority Whip is 
        increased by $72,000.

    Sec. 105. (a) Section 101 of the Legislative Branch Appropriations 
Act, 1993 (2 U.S.C. 95b) is amended by striking ``transferred among'' 
each place it appears in subsections (a), (b), and (c)(1) and inserting 
``transferred among and merged with''.
    (b) Section 101(c)(2) of such Act (2 U.S.C. 95b(c)) is amended to 
read as follows:
    ``(2) The headings referred to in paragraph (1) are `House 
Leadership Offices', `Members' Representational Allowances', `Committee 
Employees', `Salaries, Officers and Employees', and `Allowances and 
Expenses'.''.
    (c) The <<NOTE: Applicability. 2 USC 95b note.>>  amendments made by 
this section shall apply with respect to fiscal year 2009 and each 
succeeding fiscal year.

    Sec. 106. Permitting House Child Care Center To Offer Services for 
School-Age Children.--Section 312(a)(1) of the Legislative Branch 
Appropriations Act, 1992 (2 U.S.C. 2062(a)(1)) is amended by striking 
``pre-school child care'' and inserting the following: ``pre-school 
child care and (subject to the approval of regulations by the Committee 
on House Administration) child care for school age children other than 
during the course of the ordinary school day''.

                               JOINT ITEMS

    For Joint Committees, as follows:

                        Joint Economic Committee

    For salaries and expenses of the Joint Economic Committee, 
$4,626,000, to be disbursed by the Secretary of the Senate.

                       Joint Committee on Taxation

    For salaries and expenses of the Joint Committee on Taxation, 
$10,719,000, to be disbursed by the Chief Administrative Officer of the 
House of Representatives.
    For other joint items, as follows:

                    Office of the Attending Physician

    For medical supplies, equipment, and contingent expenses of the 
emergency rooms, and for the Attending Physician and his assistants, 
including: (1) an allowance of $2,175 per month to the

[[Page 123 STAT. 819]]

Attending Physician; (2) an allowance of $1,300 per month to one Senior 
Medical Officer; (3) an allowance of $725 per month each to three 
medical officers while on duty in the Office of the Attending Physician; 
(4) an allowance of $725 per month to two assistants and $580 per month 
each not to exceed 11 assistants on the basis heretofore provided for 
such assistants; and (5) $2,223,000 for reimbursement to the Department 
of the Navy for expenses incurred for staff and equipment assigned to 
the Office of the Attending Physician, which shall be advanced and 
credited to the applicable appropriation or appropriations from which 
such salaries, allowances, and other expenses are payable and shall be 
available for all the purposes thereof, $3,105,000, to be disbursed by 
the Chief Administrative Officer of the House of Representatives.

             Office of Congressional Accessibility Services


                          Salaries and Expenses


    For salaries and expenses of the Office of Congressional 
Accessibility Services, $800,000, to be disbursed by the Secretary of 
the Senate.

            CAPITOL GUIDE SERVICE AND SPECIAL SERVICES OFFICE


                          salaries and expenses


    For salaries and expenses of the Capitol Guide Service, $9,940,000, 
to be disbursed by the Secretary of the Senate and Special Services 
Office.

                      Statements of Appropriations

    For the preparation, under the direction of the Committees on 
Appropriations of the Senate and the House of Representatives, of the 
statements for the second session of the 110th Congress, showing 
appropriations made, indefinite appropriations, and contracts 
authorized, together with a chronological history of the regular 
appropriations bills as required by law, $30,000, to be paid to the 
persons designated by the chairmen of such committees to supervise the 
work.

                             CAPITOL POLICE

                                Salaries

    For salaries of employees of the Capitol Police, including overtime, 
hazardous duty pay differential, and Government contributions for 
health, retirement, social security, professional liability insurance, 
and other applicable employee benefits, $248,000,000, to be disbursed by 
the Chief of the Capitol Police or his designee.

                            General Expenses

    For necessary expenses of the Capitol Police, including motor 
vehicles, communications and other equipment, security equipment and 
installation, uniforms, weapons, supplies, materials, training, medical 
services, forensic services, stenographic services, personal and 
professional services, the employee assistance program, the awards 
program, postage, communication services, travel advances,

[[Page 123 STAT. 820]]

relocation of instructor and liaison personnel for the Federal Law 
Enforcement Training Center, and not more than $5,000 to be expended on 
the certification of the Chief of the Capitol Police in connection with 
official representation and reception expenses, $57,750,000, to be 
disbursed by the Chief of the Capitol Police or his designee: Provided, 
That, notwithstanding any other provision of law, the cost of basic 
training for the Capitol Police at the Federal Law Enforcement Training 
Center for fiscal year 2009 shall be paid by the Secretary of Homeland 
Security from funds available to the Department of Homeland Security.

                        Administrative Provision


                      (including transfer of funds)


    Sec. 1001. Transfer Authority.--Amounts appropriated for fiscal year 
2009 for the Capitol Police may be transferred between the headings 
``salaries'' and ``general expenses'' upon the approval of the 
Committees on Appropriations of the House of Representatives and the 
Senate.

                          OFFICE OF COMPLIANCE

                          Salaries and Expenses

    For salaries and expenses of the Office of Compliance, as authorized 
by section 305 of the Congressional Accountability Act of 1995 (2 U.S.C. 
1385), $4,072,000, of which $800,000 shall remain available until 
September 30, 2010: Provided, That the Executive Director of the Office 
of Compliance may, within the limits of available appropriations, 
dispose of surplus or obsolete personal property by interagency 
transfer, donation, or discarding: Provided further, That not more than 
$500 may be expended on the certification of the Executive Director of 
the Office of Compliance in connection with official representation and 
reception expenses.

                       CONGRESSIONAL BUDGET OFFICE

                          Salaries and Expenses

    For salaries and expenses necessary for operation of the 
Congressional Budget Office, including not more than $6,000 to be 
expended on the certification of the Director of the Congressional 
Budget Office in connection with official representation and reception 
expenses, $44,082,000.

                        ARCHITECT OF THE CAPITOL

                         General Administration

    For salaries for the Architect of the Capitol, and other personal 
services, at rates of pay provided by law; for surveys and studies in 
connection with activities under the care of the Architect of the 
Capitol; for all necessary expenses for the general and administrative 
support of the operations under the Architect of the Capitol including 
the Botanic Garden; electrical substations of the Capitol, Senate and 
House office buildings, and other facilities under the jurisdiction of 
the Architect of the Capitol; including furnishings

[[Page 123 STAT. 821]]

and office equipment; including not more than $5,000 for official 
reception and representation expenses, to be expended as the Architect 
of the Capitol may approve; for purchase or exchange, maintenance, and 
operation of a passenger motor vehicle, $90,659,000, of which $1,505,000 
shall remain available until September 30, 2013.

                            Capitol Building

    For all necessary expenses for the maintenance, care and operation 
of the Capitol, $35,840,000, of which $10,681,000 shall remain available 
until September 30, 2013.

                             Capitol Grounds

    For all necessary expenses for care and improvement of grounds 
surrounding the Capitol, the Senate and House office buildings, and the 
Capitol Power Plant, $9,649,000, of which $340,000 shall remain 
available until September 30, 2013.

                         Senate Office Buildings

    For all necessary expenses for the maintenance, care and operation 
of Senate office buildings; and furniture and furnishings to be expended 
under the control and supervision of the Architect of the Capitol, 
$69,359,000, of which $9,743,000 shall remain available until September 
30, 2013.

                         House Office Buildings

    For all necessary expenses for the maintenance, care and operation 
of the House office buildings, $65,814,000, of which $19,603,000 shall 
remain available until September 30, 2013.

                           Capitol Power Plant

    For all necessary expenses for the maintenance, care and operation 
of the Capitol Power Plant; lighting, heating, power (including the 
purchase of electrical energy) and water and sewer services for the 
Capitol, Senate and House office buildings, Library of Congress 
buildings, and the grounds about the same, Botanic Garden, Senate 
garage, and air conditioning refrigeration not supplied from plants in 
any of such buildings; heating the Government Printing Office and 
Washington City Post Office, and heating and chilled water for air 
conditioning for the Supreme Court Building, the Union Station complex, 
the Thurgood Marshall Federal Judiciary Building and the Folger 
Shakespeare Library, expenses for which shall be advanced or reimbursed 
upon request of the Architect of the Capitol and amounts so received 
shall be deposited into the Treasury to the credit of this 
appropriation, $149,042,000, of which $63,570,000 shall remain available 
until September 30, 2013: Provided, That not more than $8,000,000 of the 
funds credited or to be reimbursed to this appropriation as herein 
provided shall be available for obligation during fiscal year 2009.

                      Library Buildings and Grounds

    For all necessary expenses for the mechanical and structural 
maintenance, care and operation of the Library buildings and

[[Page 123 STAT. 822]]

grounds, $39,094,000, of which $13,640,000 shall remain available until 
September 30, 2013.

             Capitol Police Buildings, Grounds and Security

    For all necessary expenses for the maintenance, care and operation 
of buildings, grounds and security enhancements of the United States 
Capitol Police, wherever located, the Alternate Computer Facility, and 
AOC security operations, $18,996,000, of which $3,497,000 shall remain 
available until September 30, 2013.

                             Botanic Garden

    For all necessary expenses for the maintenance, care and operation 
of the Botanic Garden and the nurseries, buildings, grounds, and 
collections; and purchase and exchange, maintenance, repair, and 
operation of a passenger motor vehicle; all under the direction of the 
Joint Committee on the Library, $10,906,000, of which $2,055,000 shall 
remain available until September 30, 2013: Provided, That of the amount 
made available under this heading, the Architect may obligate and expend 
such sums as may be necessary for the maintenance, care and operation of 
the National Garden established under section 307E of the Legislative 
Branch Appropriations Act, 1989 (2 U.S.C. 2146), upon vouchers approved 
by the Architect or a duly authorized designee.

                         Capitol Visitor Center

    For an additional amount for the Capitol Visitor Center project, 
$31,124,000, to remain available until expended, and in addition, 
$9,103,000 for Capitol Visitor Center operations costs: Provided, That 
the Architect of the Capitol may not obligate any of the funds which are 
made available for the Capitol Visitor Center project without an 
obligation plan approved by the Committees on Appropriations of the 
Senate and House of Representatives.

                        Administrative Provisions

    Sec. 1101. <<NOTE: 2 USC 1811 note.>>  (a) Collection and Sale of 
Recyclable Materials.--
            (1) Establishment of program.--The Architect of the Capitol 
        shall establish a program for the collection and sale of 
        recyclable materials collected from or on the Capitol buildings 
        and grounds, in accordance with the procedures applicable under 
        subchapter III of chapter 5 of subtitle I of title 40, United 
        States Code to the sale of surplus property by an executive 
        agency.
            (2) Exclusion of materials subject to other programs.--The 
        program established under this section shall not apply with 
        respect to any materials which are subject to collection and 
        sale under--
                    (A) the third undesignated paragraph under the 
                center heading ``MISCELLANEOUS'' in the first section of 
                the Act entitled ``An Act making appropriations for 
                sundry civil expenses of the government for the fiscal 
                year ending June thirtieth, eighteen hundred and eighty-
                three, and for other purposes'', approved August 7, 1882 
                (2 U.S.C. 117);

[[Page 123 STAT. 823]]

                    (B) section 104(a) of the Legislative Branch 
                Appropriations Act, 1987 (as enacted by reference in 
                identical form by section 101(j) of Public Law 99-500 
                and Public Law 99-591) (2 U.S.C. 117e);
                    (C) the Senate waste recycling program referred to 
                in section 4 of the Legislative Branch Appropriations 
                Act, 2001 (2 U.S.C. 121f); or
                    (D) any other authorized program for the collection 
                and sale of recyclable materials.

    (b) Revolving Fund.--
            (1) In general.--There is established in the Treasury a 
        revolving fund for the Office of the Architect of the Capitol, 
        which shall consist of--
                    (A) proceeds from the sale of recyclable materials 
                under the program established under this section; and
                    (B) such amounts as may be appropriated under law.
            (2) Use of fund.--Amounts <<NOTE: Notice.>>  in the 
        revolving fund established under paragraph (1) shall be 
        available without fiscal year limitation to the Architect of the 
        Capitol, subject to the Architect providing prior notice to the 
        Committees on Appropriations of the House of Representatives and 
        Senate--
                    (A) to carry out the program established under this 
                section;
                    (B) to carry out authorized programs and activities 
                of the Architect to improve the environment; and
                    (C) to carry out authorized programs and activities 
                of the Architect to promote energy savings.

    (c) Effective Date.--This section shall apply with respect to each 
of the fiscal years 2009 through 2013.
    Sec. 1102. <<NOTE: 2 USC 1823a.>>  (a) Permitting Leasing of 
Space.--Subject to the availability of funds, the Architect of the 
Capitol may acquire real property by lease for the use of the Library of 
Congress in any State or the District of Columbia if--
            (1) the <<NOTE: Property request.>>  Architect of the 
        Capitol and the Librarian of Congress submit a joint request for 
        the Architect to lease the property to the Joint Committee on 
        the Library and to the Committees on Appropriations of the House 
        of Representatives and Senate; and
            (2) the Joint Committee on the Library and the Committees on 
        Appropriations of the House of Representatives and Senate each 
        approve the request.

    (b) Transfer of Funds.--Subject to the approval of the Joint 
Committee on the Library and the Committees on Appropriations of the 
House of Representatives and the Senate, the Architect of the Capitol 
and the Librarian of Congress may transfer between themselves 
appropriations or other available funds to pay the costs incurred in 
acquiring real property pursuant to the authority of this section and 
the costs of necessary expenses incurred in connection with the 
acquisition of the property.
    (c) Limit on Obligations.--No obligation entered into pursuant to 
the authority of this section shall be in advance of, or in excess of, 
available appropriations.
    (d) Effective Date.--This section shall apply with respect to fiscal 
year 2009 and each succeeding fiscal year.

[[Page 123 STAT. 824]]

                           LIBRARY OF CONGRESS

                          Salaries and Expenses

    For necessary expenses of the Library of Congress not otherwise 
provided for, including development and maintenance of the Library's 
catalogs; custody and custodial care of the Library buildings; special 
clothing; cleaning, laundering and repair of uniforms; preservation of 
motion pictures in the custody of the Library; operation and maintenance 
of the American Folklife Center in the Library; preparation and 
distribution of catalog records and other publications of the Library; 
hire or purchase of one passenger motor vehicle; and expenses of the 
Library of Congress Trust Fund Board not properly chargeable to the 
income of any trust fund held by the Board, $419,030,000, of which not 
more than $6,000,000 shall be derived from collections credited to this 
appropriation during fiscal year 2009, and shall remain available until 
expended, under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2 
U.S.C. 150) and not more than $350,000 shall be derived from collections 
during fiscal year 2009 and shall remain available until expended for 
the development and maintenance of an international legal information 
database and activities related thereto: Provided, That the Library of 
Congress may not obligate or expend any funds derived from collections 
under the Act of June 28, 1902, in excess of the amount authorized for 
obligation or expenditure in appropriations Acts: Provided further, That 
the total amount available for obligation shall be reduced by the amount 
by which collections are less than $6,350,000: Provided further, That of 
the total amount appropriated, $17,959,000 shall remain available until 
September 30, 2011 for the partial acquisition of books, periodicals, 
newspapers, and all other materials including subscriptions for 
bibliographic services for the Library, including $40,000 to be 
available solely for the purchase, when specifically approved by the 
Librarian, of special and unique materials for additions to the 
collections: Provided further, That of the total amount appropriated, 
not more than $12,000 may be expended, on the certification of the 
Librarian of Congress, in connection with official representation and 
reception expenses for the Overseas Field Offices: Provided further, 
That of the total amount appropriated, $7,170,000 shall remain available 
until expended for the digital collections and educational curricula 
program: Provided further, That of the total amount appropriated, 
$1,495,000 shall remain available until expended, and shall be 
transferred to the Abraham Lincoln Bicentennial Commission for carrying 
out the purposes of Public Law 106-173, of which $10,000 may be used for 
official representation and reception expenses of the Abraham Lincoln 
Bicentennial Commission: Provided further, That of the total amount 
appropriated, $560,000 shall be transferred to the Federal Library and 
Information Center's FEDLINK Program: <<NOTE: Grants.>>  Provided 
further, That of the total amount appropriated, $190,000 shall be used 
to provide a grant to the New York Historical Society for the 
digitization of its collection: <<NOTE: Grants.>>  Provided further, 
That of the total amount appropriated, $95,000 shall be used to provide 
a grant to the University of Florida for development of a library of 
original case studies.

[[Page 123 STAT. 825]]

                            Copyright Office


                          salaries and expenses


    For necessary expenses of the Copyright Office, $51,592,000, of 
which not more than $28,751,000, to remain available until expended, 
shall be derived from collections credited to this appropriation during 
fiscal year 2009 under section 708(d) of title 17, United States Code: 
Provided, That the Copyright Office may not obligate or expend any funds 
derived from collections under such section, in excess of the amount 
authorized for obligation or expenditure in appropriations Acts: 
Provided further, That not more than $4,564,000 shall be derived from 
collections during fiscal year 2009 under sections 111(d)(2), 119(b)(2), 
803(e), 1005, and 1316 of such title: Provided further, That the total 
amount available for obligation shall be reduced by the amount by which 
collections are less than $33,315,000: Provided further, That not more 
than $100,000 of the amount appropriated is available for the 
maintenance of an ``International Copyright Institute'' in the Copyright 
Office of the Library of Congress for the purpose of training nationals 
of developing countries in intellectual property laws and policies: 
Provided further, That not more than $4,250 may be expended, on the 
certification of the Librarian of Congress, in connection with official 
representation and reception expenses for activities of the 
International Copyright Institute and for copyright delegations, 
visitors, and seminars: Provided further, That notwithstanding any 
provision of chapter 8 of title 17, United States Code, any amounts made 
available under this heading which are attributable to royalty fees and 
payments received by the Copyright Office pursuant to sections 111, 119, 
and chapter 10 of such title may be used for the costs incurred in the 
administration of the Copyright Royalty Judges program, with the 
exception of the costs of salaries and benefits for the Copyright 
Royalty Judges and staff under section 802(e).

                     Congressional Research Service


                          salaries and expenses


    For necessary expenses to carry out the provisions of section 203 of 
the Legislative Reorganization Act of 1946 (2 U.S.C. 166) and to revise 
and extend the Annotated Constitution of the United States of America, 
$107,323,000: Provided, That no part of such amount may be used to pay 
any salary or expense in connection with any publication, or preparation 
of material therefor (except the Digest of Public General Bills), to be 
issued by the Library of Congress unless such publication has obtained 
prior approval of either the Committee on House Administration of the 
House of Representatives or the Committee on Rules and Administration of 
the Senate.

             Books for the Blind and Physically Handicapped


                          salaries and expenses


    For salaries and expenses to carry out the Act of March 3, 1931 
(chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $68,816,000, of which 
$30,155,000 shall remain available until expended: Provided, That of the 
total amount appropriated, $650,000 shall be

[[Page 123 STAT. 826]]

available to contract to provide newspapers to blind and physically 
handicapped residents at no cost to the individual.

                        Administrative Provisions

    Sec. 1201. Incentive Awards Program.--Of the amounts appropriated to 
the Library of Congress in this Act, not more than $5,000 may be 
expended, on the certification of the Librarian of Congress, in 
connection with official representation and reception expenses for the 
incentive awards program.
    Sec. 1202. Reimbursable and Revolving Fund Activities. (a) In 
General.--For fiscal year 2009, the obligational authority of the 
Library of Congress for the activities described in subsection (b) may 
not exceed $134,212,000.
    (b) Activities.--The activities referred to in subsection (a) are 
reimbursable and revolving fund activities that are funded from sources 
other than appropriations to the Library in appropriations Acts for the 
legislative branch.
    (c) Transfer of Funds.--During fiscal year 2009, the Librarian of 
Congress may temporarily transfer funds appropriated in this Act, under 
the heading ``Library of Congress'', under the subheading ``Salaries and 
expenses'', to the revolving fund for the FEDLINK Program and the 
Federal Research Program established under section 103 of the Library of 
Congress Fiscal Operations Improvement Act of 2000 (Public Law 106-481; 
2 U.S.C. 182c): Provided, That the total amount of such transfers may 
not exceed $1,900,000: Provided further, That the appropriate revolving 
fund account shall reimburse the Library for any amounts transferred to 
it before the period of availability of the Library appropriation 
expires.
    Sec. 1203. Transfer Authority. (a) In General.--Amounts appropriated 
for fiscal year 2009 for the Library of Congress may be transferred 
during fiscal year 2009 between any of the headings under the heading 
``Library of Congress'' upon the approval of the Committees on 
Appropriations of the Senate and the House of Representatives.
    (b) Limitation.--Not more than 10 percent of the total amount of 
funds appropriated to the account under any heading under the heading 
``Library of Congress'' for fiscal year 2009 may be transferred from 
that account by all transfers made under subsection (a).
    Sec. 1204. Abraham Lincoln Bicentennial Commission. Section 5(d) of 
the Abraham Lincoln Bicentennial Commission Act (36 U.S.C. note prec. 
101; Public Law 106-173) is amended by striking ``that member may 
continue to serve on the Commission for not longer than the 30-day 
period beginning on the date that member ceases to be a Member of 
Congress'' and inserting ``that member may continue to serve on the 
Commission for the life of the Commission''.

                       GOVERNMENT PRINTING OFFICE

                   Congressional Printing and Binding


                      (including transfer of funds)


    For authorized printing and binding for the Congress and the 
distribution of Congressional information in any format; printing and 
binding for the Architect of the Capitol; expenses necessary

[[Page 123 STAT. 827]]

for preparing the semimonthly and session index to the Congressional 
Record, as authorized by law (section 902 of title 44, United States 
Code); printing and binding of Government publications authorized by law 
to be distributed to Members of Congress; and printing, binding, and 
distribution of Government publications authorized by law to be 
distributed without charge to the recipient, $96,828,000: Provided, That 
this appropriation shall not be available for paper copies of the 
permanent edition of the Congressional Record for individual 
Representatives, Resident Commissioners or Delegates authorized under 
section 906 of title 44, United States Code: Provided further, That this 
appropriation shall be available for the payment of obligations incurred 
under the appropriations for similar purposes for preceding fiscal 
years: Provided further, That notwithstanding the 2-year limitation 
under section 718 of title 44, United States Code, none of the funds 
appropriated or made available under this Act or any other Act for 
printing and binding and related services provided to Congress under 
chapter 7 of title 44, United States Code, may be expended to print a 
document, report, or publication after the 27-month period beginning on 
the date that such document, report, or publication is authorized by 
Congress to be printed, unless Congress reauthorizes such printing in 
accordance with section 718 of title 44, United States Code: Provided 
further, That any unobligated or unexpended balances in this account or 
accounts for similar purposes for preceding fiscal years may be 
transferred to the Government Printing Office revolving fund for 
carrying out the purposes of this heading, subject to the approval of 
the Committees on Appropriations of the House of Representatives and 
Senate.

                  Office of Superintendent of Documents


                          salaries and expenses


                      (including transfer of funds)


    For expenses of the Office of Superintendent of Documents necessary 
to provide for the cataloging and indexing of Government publications 
and their distribution to the public, Members of Congress, other 
Government agencies, and designated depository and international 
exchange libraries as authorized by law, $38,744,000: Provided, That 
amounts of not more than $2,000,000 from current year appropriations are 
authorized for producing and disseminating Congressional serial sets and 
other related publications for fiscal years 2007 and 2008 to depository 
and other designated libraries: Provided further, That any unobligated 
or unexpended balances in this account or accounts for similar purposes 
for preceding fiscal years may be transferred to the Government Printing 
Office revolving fund for carrying out the purposes of this heading, 
subject to the approval of the Committees on Appropriations of the House 
of Representatives and Senate.

                Government Printing Office Revolving Fund

    For payment to the Government Printing Office Revolving Fund, 
$4,995,000 for information technology development and facilities repair: 
Provided, That the Government Printing Office is hereby authorized to 
make such expenditures, within the limits of funds available and in 
accordance with law, and to make such contracts

[[Page 123 STAT. 828]]

and commitments without regard to fiscal year limitations as provided by 
section 9104 of title 31, United States Code, as may be necessary in 
carrying out the programs and purposes set forth in the budget for the 
current fiscal year for the Government Printing Office revolving fund: 
Provided further, That not more than $5,000 may be expended on the 
certification of the Public Printer in connection with official 
representation and reception expenses: Provided further, That the 
revolving fund shall be available for the hire or purchase of not more 
than 12 passenger motor vehicles: Provided further, That expenditures in 
connection with travel expenses of the advisory councils to the Public 
Printer shall be deemed necessary to carry out the provisions of title 
44, United States Code: Provided further, That the revolving fund shall 
be available for temporary or intermittent services under section 
3109(b) of title 5, United States Code, but at rates for individuals not 
more than the daily equivalent of the annual rate of basic pay for level 
V of the Executive Schedule under section 5316 of such title: Provided 
further, That activities financed through the revolving fund may provide 
information in any format: Provided further, That the revolving fund and 
the funds provided under the headings ``Office of Superintendent of 
Documents'' and ``Salaries and Expenses'' may not be used for contracted 
security services at GPO's passport facility in the District of 
Columbia.

                    GOVERNMENT ACCOUNTABILITY OFFICE


                          salaries and expenses


    For necessary <<NOTE: Regulations.>>  expenses of the Government 
Accountability Office, including not more than $12,500 to be expended on 
the certification of the Comptroller General of the United States in 
connection with official representation and reception expenses; 
temporary or intermittent services under section 3109(b) of title 5, 
United States Code, but at rates for individuals not more than the daily 
equivalent of the annual rate of basic pay for level IV of the Executive 
Schedule under section 5315 of such title; hire of one passenger motor 
vehicle; advance payments in foreign countries in accordance with 
section 3324 of title 31, United States Code; benefits comparable to 
those payable under sections 901(5), (6), and (8) of the Foreign Service 
Act of 1980 (22 U.S.C. 4081(5), (6), and (8)); and under regulations 
prescribed by the Comptroller General of the United States, rental of 
living quarters in foreign countries, $531,000,000: Provided, That not 
more than $5,375,000 of payments received under section 782 of title 31, 
United States Code, shall be available for use in fiscal year 2009: 
Provided further, That not more than $2,260,000 of reimbursements 
received under section 9105 of title 31, United States Code, shall be 
available for use in fiscal year 2009: Provided further, That this 
appropriation and appropriations for administrative expenses of any 
other department or agency which is a member of the National 
Intergovernmental Audit Forum or a Regional Intergovernmental Audit 
Forum shall be available to finance an appropriate share of either 
Forum's costs as determined by the respective Forum, including necessary 
travel expenses of non-Federal participants: Provided further, That 
payments hereunder to the Forum may be credited as reimbursements to any 
appropriation from which costs involved are initially financed.

[[Page 123 STAT. 829]]

                        Administrative Provision

    Sec. 1301. Repeal and Modification of Certain Reporting 
Requirements. (a) Spectrum Relocation Fund Transfers.--Section 
118(e)(1)(B) of the National Telecommunications and Information 
Administration Organization Act (47 U.S.C. 928(e)(1)(B)) is amended--
            (1) in clause (ii) by adding ``and'' after the semicolon;
            (2) in clause (iii) by striking ``; and'' and inserting a 
        period; and
            (3) by striking clause (iv).

    (b) Use of Funds in Projects Constructed Under Projected Cost.--
Section 211(d) of the Public Works and Economic Development Act of 1965 
(42 U.S.C. 3151(d)) is amended by striking subsection (d) and inserting 
the following:
    ``(d) Review by Comptroller General.--The Comptroller General of the 
United States shall regularly review the implementation of this 
section.''.
    (c) GAO Study and Report on Impact of Safe Harbor on Medigap 
Policies.--Section 5201(b)(2) of title V of division J of the Omnibus 
Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public 
Law 105-277; 42 U.S.C. 1320a-7a note) is repealed.
    (d) GAO Report on Date Rape Drug Campaign.--Section 7(b)(3) of the 
Hillary J. Farias and Samantha Reid Date-Rape Drug Prohibition Act of 
2000 (Public Law 106-172; 21 U.S.C. 801 note) is repealed.
    (e) Inspector General Audit and GAO Report on Enrollees Eligible for 
Medicaid.--Section 2108(d) of the Social Security Act (42 U.S.C. 
1397hh(d)) is amended--
            (1) in the heading by striking ``and GAO Report''; and
            (2) by striking paragraph (3).

    (f) GAO Report on MA Regional Plan Stabilization Fund.--Section 
1858(e)(7) of the Social Security Act (42 U.S.C. 1395w-27a(e)(7)) is 
repealed.
    (g) Breast Implants; Study by Comptroller General.--Section 214 of 
the Medical Device User Fee and Modernization Act of 2002 (Public Law 
107-250; 42 U.S.C. 289g-3 note) is repealed.
    (h) Disposition of Rights.--Section 202(b) of title 35, United 
States Code is amended--
            (1) by striking paragraph (3); and
            (2) by redesignating paragraph (4) as paragraph (3).

                 OPEN WORLD LEADERSHIP CENTER TRUST FUND

    For a payment to the Open World Leadership Center Trust Fund for 
financing activities of the Open World Leadership Center under section 
313 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1151), 
$13,900,000.

   JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT

    For payment to the John C. Stennis Center for Public Service 
Development Trust Fund established under section 116 of the John C. 
Stennis Center for Public Service Training and Development Act (2 U.S.C. 
1105), $430,000.

[[Page 123 STAT. 830]]

                                TITLE II

                           GENERAL PROVISIONS

    Sec. 201. Maintenance and Care of Private Vehicles. No part of the 
funds appropriated in this Act shall be used for the maintenance or care 
of private vehicles, except for emergency assistance and cleaning as may 
be provided under regulations relating to parking facilities for the 
House of Representatives issued by the Committee on House Administration 
and for the Senate issued by the Committee on Rules and Administration.
    Sec. 202. Fiscal Year Limitation. No part of the funds appropriated 
in this Act shall remain available for obligation beyond fiscal year 
2009 unless expressly so provided in this Act.
    Sec. 203. Rates of Compensation and Designation. Whenever in this 
Act any office or position not specifically established by the 
Legislative Pay Act of 1929 (46 Stat. 32 et seq.) is appropriated for or 
the rate of compensation or designation of any office or position 
appropriated for is different from that specifically established by such 
Act, the rate of compensation and the designation in this Act shall be 
the permanent law with respect thereto: Provided, That the provisions in 
this Act for the various items of official expenses of Members, 
officers, and committees of the Senate and House of Representatives, and 
clerk hire for Senators and Members of the House of Representatives 
shall be the permanent law with respect thereto.
    Sec. 204. <<NOTE: Contracts.>>  Consulting Services. The expenditure 
of any appropriation under this Act for any consulting service through 
procurement contract, under section 3109 of title 5, United States Code, 
shall be limited to those contracts where such expenditures are a matter 
of public record and available for public inspection, except where 
otherwise provided under existing law, or under existing Executive order 
issued under existing law.

    Sec. 205. Awards and Settlements. Such sums as may be necessary are 
appropriated to the account described in subsection (a) of section 415 
of the Congressional Accountability Act of 1995 (2 U.S.C. 1415(a)) to 
pay awards and settlements as authorized under such subsection.
    Sec. 206. Costs of LBFMC. Amounts available for administrative 
expenses of any legislative branch entity which participates in the 
Legislative Branch Financial Managers Council (LBFMC) established by 
charter on March 26, 1996, shall be available to finance an appropriate 
share of LBFMC costs as determined by the LBFMC, except that the total 
LBFMC costs to be shared among all participating legislative branch 
entities (in such allocations among the entities as the entities may 
determine) may not exceed $2,000.
    Sec. 207. Landscape Maintenance. The Architect of the Capitol, in 
consultation with the District of Columbia, is authorized to maintain 
and improve the landscape features, excluding streets in the irregular 
shaped grassy areas bounded by Washington Avenue SW on the northeast, 
Second Street SW on the west, Square 582 on the south, and the beginning 
of the I-395 tunnel on the southeast.
    Sec. 208. Limitation on Transfers. None of the funds made available 
in this Act may be transferred to any department, agency,

[[Page 123 STAT. 831]]

or instrumentality of the United States Government, except pursuant to a 
transfer made by, or transfer authority provided in, this Act or any 
other appropriation Act.
    Sec. 209. Guided Tours of the Capitol. (a) Except as provided in 
subsection (b), none of the funds made available to the Architect of the 
Capitol in this Act may be used to eliminate guided tours of the United 
States Capitol which are led by employees and interns of offices of 
Members of Congress and other offices of the House of Representatives 
and Senate.
    (b) At the direction of the Capitol Police Board, or at the 
direction of the Architect of the Capitol with the approval of the 
Capitol Police Board, guided tours of the United States Capitol which 
are led by employees and interns described in subsection (a) may be 
suspended temporarily or otherwise subject to restriction for security 
or related reasons to the same extent as guided tours of the United 
States Capitol which are led by the Architect of the Capitol.
    Sec. 210. Limitation on Certain Inspectors General Authority To Use 
Firearms. None of the funds made available in this Act may be used by 
the Inspector General of the Architect of the Capitol or the Inspector 
General of the Library of Congress to purchase, maintain, or carry any 
firearm.
    This division may be cited as the ``Legislative Branch 
Appropriations Act, 2009''.

DIVISION H--DEPARTMENT <<NOTE: Department of State, Foreign Operations, 
  and Related Programs Appropriations Act, 2009.>>  OF STATE, FOREIGN 
OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2009

                                 TITLE I

                 DEPARTMENT OF STATE AND RELATED AGENCY

                           DEPARTMENT OF STATE

                    Administration of Foreign Affairs


                    diplomatic and consular programs


                      (including transfer of funds)


    For necessary expenses of the Department of State and the Foreign 
Service not otherwise provided for, $5,360,318,000, of which 
$1,117,000,000 is for Worldwide Security Protection (to remain available 
until expended), to be allocated as follows:
            (1) Human resources.--For necessary expenses for training, 
        human resources management, and salaries, including employment 
        without regard to civil service and classification laws of 
        persons on a temporary basis (not to exceed $700,000), as 
        authorized by section 801 of the United States Information and 
        Educational Exchange Act of 1948, $2,118,598,000 to remain 
        available until September 30, 2010, of which not less than 
        $130,637,000 shall be available only for public diplomacy 
        American salaries.
            (2) Overseas programs.--For necessary expenses for the 
        regional bureaus of the Department of State and overseas 
        activities as authorized by law, $1,548,617,000, to remain 
        available until September 30, 2010, of which not less than

[[Page 123 STAT. 832]]

        $264,169,000 shall be available only for public diplomacy 
        international information programs.
            (3) Diplomatic policy and support.--For necessary expenses 
        for the functional bureaus of the Department of State including 
        representation to certain international organizations in which 
        the United States participates pursuant to treaties ratified 
        pursuant to the advice and consent of the Senate or specific 
        Acts of Congress, general administration, and arms control, 
        nonproliferation and disarmament activities as authorized, 
        $585,078,000, to remain available until September 30, 2010.
            (4) Security programs.--For necessary expenses for security 
        activities, $1,108,025,000, to remain available until September 
        30, 2010.
            (5) Fees and payments collected.--In addition to amounts 
        otherwise made available under this heading--
                    (A) not to exceed $1,605,150 shall be derived from 
                fees collected from other executive agencies for lease 
                or use of facilities located at the International Center 
                in accordance with section 4 of the International Center 
                Act, and, in addition, as authorized by section 5 of 
                such Act, $490,000, to be derived from the reserve 
                authorized by that section, to be used for the purposes 
                set out in that section;
                    (B) as authorized by section 810 of the United 
                States Information and Educational Exchange Act, not to 
                exceed $6,000,000, to remain available until expended, 
                may be credited to this appropriation from fees or other 
                payments received from English teaching, library, motion 
                pictures, and publication programs and from fees from 
                educational advising and counseling and exchange visitor 
                programs; and
                    (C) not to exceed $15,000, which shall be derived 
                from reimbursements, surcharges and fees for use of 
                Blair House facilities.
            (6) Transfer and reprogramming.--
                    (A) Notwithstanding any provision of this Act, funds 
                may be reprogrammed within and between subsections under 
                this heading subject to section 7015 of this Act.
                    (B) Of the amount made available under this heading, 
                not to exceed $10,000,000 may be transferred to, and 
                merged with, funds made available by this Act under the 
                heading ``Emergencies in the Diplomatic and Consular 
                Service'', to be available only for emergency 
                evacuations and rewards, as authorized.
                    (C) Funds appropriated under this heading are 
                available for acquisition by exchange or purchase of 
                passenger motor vehicles as authorized by law and, 
                pursuant to 31 U.S.C. 1108(g), for the field examination 
                of programs and activities in the United States funded 
                from any account contained in this title.


CIVILIAN STABILIZATION INITIATIVE <<NOTE: Establishment.>> 

    For necessary expenses to establish, support, maintain, mobilize, 
and deploy a civilian response corps in coordination with the United 
States Agency for International Development, and for related 
reconstruction and stabilization assistance to prevent or

[[Page 123 STAT. 833]]

respond to conflict or civil strife in foreign countries or regions, or 
to enable transition from such strife, $45,000,000, to remain available 
until expended: Provided, That up to $23,014,000 may be made available 
in fiscal year 2009 to provide administrative expenses for the Office of 
the Coordinator for Reconstruction and 
Stabilization: <<NOTE: President. Transfer authority. Notification.>>  
Provided further, That notwithstanding any other provision of law and 
following consultation with the Committees on Appropriations, the 
President may exercise transfer authorities contained in the Foreign 
Assistance Act of 1961 for reconstruction and stabilization assistance 
managed by the Office of the Coordinator for Reconstruction and 
Stabilization, United States Department of State, only to support an 
actively deployed civilian response corps, subject to the regular 
notification procedures of the Committees on 
Appropriations: <<NOTE: Deadline. Spending plan.>>  Provided further, 
That not later than 60 days after enactment of this Act, the Secretary 
of State and the Administrator of the United States Agency for 
International Development shall submit a coordinated joint spending plan 
for funds made available under this heading and under the heading 
``Civilian Stabilization Initiative'' in title II of this Act.


                         Capital Investment Fund


    For necessary expenses of the Capital Investment Fund, $71,000,000, 
to remain available until expended, as authorized: Provided, That 
section 135(e) of Public Law 103-236 shall not apply to funds available 
under this heading.


                       office of inspector general


    For necessary expenses of the Office of Inspector General, 
$37,000,000, notwithstanding section 209(a)(1) of the Foreign Service 
Act of 1980 (Public Law 96-465), as it relates to post inspections.


               Educational and Cultural Exchange Programs


    For expenses of educational and cultural exchange programs, as 
authorized, $538,000,000, to remain available until expended: Provided, 
That not to exceed $5,000,000, to remain available until expended, may 
be credited to this appropriation from fees or other payments received 
from or in connection with English teaching, educational advising and 
counseling programs, and exchange visitor programs as authorized.


                        Representation Allowances


    For representation allowances as authorized, $8,175,000.

              protection of foreign missions and officials

    For expenses, not otherwise provided, to enable the Secretary of 
State to provide for extraordinary protective services, as authorized, 
$22,814,000, to remain available until September 30, 2010.


             Embassy Security, Construction, and Maintenance


    For necessary expenses for carrying out the Foreign Service 
Buildings Act of 1926 (22 U.S.C. 292-303), preserving, maintaining, 
repairing, and planning for buildings that are owned or directly leased 
by the Department of State, renovating, in addition to funds

[[Page 123 STAT. 834]]

otherwise available, the Harry S Truman Building, and carrying out the 
Diplomatic Security Construction Program as authorized, $801,344,000, to 
remain available until expended as authorized, of which not to exceed 
$25,000 may be used for domestic and overseas representation as 
authorized: Provided, That none of the funds appropriated in this 
paragraph shall be available for acquisition of furniture, furnishings, 
or generators for other departments and agencies.
    In addition, for the costs of worldwide security upgrades, 
acquisition, and construction as authorized, $770,000,000, to remain 
available until expended: <<NOTE: Plans.>>  Provided, That funds made 
available by this paragraph may not be obligated until a plan is 
submitted to the Committees on Appropriations with the proposed 
allocation of funds made available by this Act and by proceeds of sales 
for all projects in fiscal year 2009: <<NOTE: Consultation.>>  Provided 
further, That the Under Secretary for Management, United States 
Department of State, shall consult with the Committees on Appropriations 
on a regular and ongoing basis on the design of any proposed self-
financed New Embassy Compound.

    In addition, for necessary expenses for overseas facility 
construction and related costs for the United States Agency for 
International Development, pursuant to section 667 of the Foreign 
Assistance Act of 1961, $135,225,000, to remain available until 
expended.


           emergencies in the diplomatic and consular service


                      (including transfer of funds)


    For necessary expenses to enable the Secretary of State to meet 
unforeseen emergencies arising in the Diplomatic and Consular Service, 
$9,000,000, to remain available until expended as authorized, of which 
not to exceed $1,000,000 may be transferred to, and merged with, funds 
appropriated by this Act under the heading ``Repatriation Loans Program 
Account'', subject to the same terms and conditions.


                    BUYING POWER MAINTENANCE ACCOUNT


    To offset adverse fluctuations in foreign currency exchange rates 
and/or overseas wage and price changes, as authorized by section 24(b) 
of the State Department Basic Authorities Act of 1956 (22 U.S.C. 
2696(b)), $5,000,000, to remain available until expended.


                   Repatriation Loans Program Account


                      (Including Transfer of Funds)


    For the cost of direct loans, $678,000, as authorized: Provided, 
That such costs, including the cost of modifying such loans, shall be as 
defined in section 502 of the Congressional Budget Act of 1974.
    In addition, for administrative expenses necessary to carry out the 
direct loan program, $675,000, which may be transferred to, and merged 
with, funds made available under the heading ``Diplomatic and Consular 
Programs''.

[[Page 123 STAT. 835]]

               Payment to the American Institute in Taiwan


    For necessary expenses to carry out the Taiwan Relations Act (Public 
Law 96-8), $16,840,000.


      Payment to the Foreign Service Retirement and Disability Fund


    For payment to the Foreign Service Retirement and Disability Fund, 
as authorized by law, $157,100,000.

                       International Organizations

    contributions to international organizations <<NOTE: 22 USC 269a 
note.>> 

    For necessary expenses, not otherwise provided for, to meet annual 
obligations of membership in international multilateral organizations, 
pursuant to treaties ratified pursuant to the advice and consent of the 
Senate, conventions or specific Acts of Congress, 
$1,529,400,000: <<NOTE: Budget. United Nations.>>  Provided, That the 
Secretary of State shall, at the time of the submission of the 
President's budget to Congress under section 1105(a) of title 31, United 
States Code, transmit to the Committees on Appropriations the most 
recent biennial budget prepared by the United Nations for the operations 
of the United Nations: <<NOTE: Notification. Deadline. United 
Nations.>>  Provided further, That the Secretary of State shall notify 
the Committees on Appropriations at least 15 days in advance (or in an 
emergency, as far in advance as is practicable) of any United Nations 
action to increase funding for any United Nations program without 
identifying an offsetting decrease elsewhere in the United Nations 
budget: Provided further, That any payment of arrearages under this 
title shall be directed toward activities that are mutually agreed upon 
by the United States and the respective international organization: 
Provided further, That none of the funds appropriated in this paragraph 
shall be available for a United States contribution to an international 
organization for the United States share of interest costs made known to 
the United States Government by such organization for loans incurred on 
or after October 1, 1984, through external borrowings.


         contributions for international peacekeeping activities


    For necessary expenses to pay assessed and other expenses of 
international peacekeeping activities directed to the maintenance or 
restoration of international peace and security, $1,517,000,000, of 
which 15 percent shall remain available until September 30, 
2010: <<NOTE: Deadline. Notifications. Human trafficking.>>  Provided, 
That none of the funds made available by this Act shall be obligated or 
expended for any new or expanded United Nations peacekeeping mission 
unless, at least 15 days in advance of voting for the new or expanded 
mission in the United Nations Security Council (or in an emergency as 
far in advance as is practicable): (1) the Committees on Appropriations 
are notified of the estimated cost and length of the mission, the 
national interest that will be served, and the planned exit strategy; 
(2) the Committees on Appropriations are notified that the United 
Nations has taken appropriate measures to prevent United Nations 
employees, contractor personnel, and peacekeeping forces serving in any 
United Nations peacekeeping mission from trafficking in persons, 
exploiting

[[Page 123 STAT. 836]]

victims of trafficking, or committing acts of illegal sexual 
exploitation, and to hold accountable individuals who engage in such 
acts while participating in the peacekeeping mission, including the 
prosecution in their home countries of such individuals in connection 
with such acts; and (3) notification pursuant to section 7015 of this 
Act is submitted, and the procedures therein followed, setting forth the 
source of funds that will be used to pay for the cost of the new or 
expanded mission: <<NOTE: Certification.>>  Provided further, That funds 
shall be available for peacekeeping expenses only upon a certification 
by the Secretary of State to the Committees on Appropriations that 
American manufacturers and suppliers are being given opportunities to 
provide equipment, services, and material for United Nations 
peacekeeping activities equal to those being given to foreign 
manufacturers and suppliers.

International Commissions <<NOTE: 22 USC 269a note.>> 

    For necessary expenses, not otherwise provided for, to meet 
obligations of the United States arising under treaties, or specific 
Acts of Congress, as follows:

  international boundary and water commission, united states and mexico

    For necessary expenses for the United States Section of the 
International Boundary and Water Commission, United States and Mexico, 
and to comply with laws applicable to the United States Section, 
including not to exceed $6,000 for representation; as follows:


                          salaries and expenses


    For salaries and expenses, not otherwise provided for, $32,256,000.


                              Construction


    For detailed plan preparation and construction of authorized 
projects, $43,250,000, to remain available until expended, as 
authorized.


              American Sections, International Commissions


    For necessary <<NOTE: Canada. Great Britain.>>  expenses, not 
otherwise provided, $11,649,000, of which $7,559,000 is for the 
International Joint Commission and $1,970,000 is for the International 
Boundary Commission, United States and Canada, as authorized by treaties 
between the United States and Canada or Great Britain, and $2,120,000 is 
for the Border Environment Cooperation Commission as authorized by 
Public Law 103-182: Provided, That <<NOTE: Availability 
date. Reports.>>  of the amount provided under this heading for the 
International Joint Commission, $9,000 may be made available for 
representation expenses 45 days after submission to the Committees on 
Appropriations of a report detailing obligations, expenditures, and 
associated activities for fiscal years 2006, 2007, and 2008, including 
any unobligated funds which expired at the end of each fiscal year and 
the justification for why such funds were not obligated.

[[Page 123 STAT. 837]]

                   international fisheries commissions

    For necessary expenses for international fisheries commissions, not 
otherwise provided for, as authorized by law, $29,925,000: Provided, 
That the United States share of such expenses may be advanced to the 
respective commissions pursuant to 31 U.S.C. 3324.

                             RELATED AGENCY

                     Broadcasting Board of Governors


                  International Broadcasting Operations


    For necessary <<NOTE: Cuba. Middle East.>>  expenses to enable the 
Broadcasting Board of Governors, as authorized, to carry out 
international communication activities, including the purchase, rent, 
construction, and improvement of facilities for radio and television 
transmission and reception and purchase, lease, and installation of 
necessary equipment for radio and television transmission and reception 
to Cuba, and to make and supervise grants for radio and television 
broadcasting to the Middle East, $698,187,000: Provided, That of the 
total amount in this heading, not to exceed $16,000 may be used for 
official receptions within the United States as authorized, not to 
exceed $35,000 may be used for representation abroad as authorized, and 
not to exceed $39,000 may be used for official reception and 
representation expenses of Radio Free Europe/Radio Liberty; and in 
addition, notwithstanding any other provision of law, not to exceed 
$2,000,000 in receipts from advertising and revenue from business 
ventures, not to exceed $500,000 in receipts from cooperating 
international organizations, and not to exceed $1,000,000 in receipts 
from privatization efforts of the Voice of America and the International 
Broadcasting Bureau, to remain available until expended for carrying out 
authorized purposes.


                    broadcasting capital improvements


    For the purchase, rent, construction, and improvement of facilities 
for radio and television transmission and reception, and purchase and 
installation of necessary equipment for radio and television 
transmission and reception as authorized, $11,296,000, to remain 
available until expended, as authorized.

                            RELATED PROGRAMS

                           The Asia Foundation

    For a grant to the Asia Foundation, as authorized by the Asia 
Foundation Act (22 U.S.C. 4402), $16,000,000, to remain available until 
expended, as authorized.

                    United States Institute of Peace

    For necessary expenses of the United States Institute of Peace as 
authorized in the United States Institute of Peace Act, $31,000,000, to 
remain available until September 30, 2010.

[[Page 123 STAT. 838]]

          Center for Middle Eastern-Western Dialogue Trust Fund

    For necessary expenses of the Center for Middle Eastern-Western 
Dialogue Trust Fund, the total amount of the interest and earnings 
accruing to such Fund on or before September 30, 2009, to remain 
available until expended.

                 Eisenhower Exchange Fellowship Program

    For necessary expenses of Eisenhower Exchange Fellowships, 
Incorporated, as authorized by sections 4 and 5 of the Eisenhower 
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and 
earnings accruing to the Eisenhower Exchange Fellowship Program Trust 
Fund on or before September 30, 2009, to remain available until 
expended: Provided, That none of the funds appropriated herein shall be 
used to pay any salary or other compensation, or to enter into any 
contract providing for the payment thereof, in excess of the rate 
authorized by 5 U.S.C. 5376; or for purposes which are not in accordance 
with OMB Circulars A-110 (Uniform Administrative Requirements) and A-122 
(Cost Principles for Non-profit Organizations), including the 
restrictions on compensation for personal services.

                    Israeli Arab Scholarship Program

    For necessary expenses of the Israeli Arab Scholarship Program as 
authorized by section 214 of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings 
accruing to the Israeli Arab Scholarship Fund on or before September 30, 
2009, to remain available until expended.

                            East-West Center

    To enable <<NOTE: Hawaii.>>  the Secretary of State to provide for 
carrying out the provisions of the Center for Cultural and Technical 
Interchange Between East and West Act of 1960, by grant to the Center 
for Cultural and Technical Interchange Between East and West in the 
State of Hawaii, $21,000,000: Provided, That none of the funds 
appropriated herein shall be used to pay any salary, or enter into any 
contract providing for the payment thereof, in excess of the rate 
authorized by 5 U.S.C. 5376.

                    National Endowment for Democracy

    For grants made by the Department of State to the National Endowment 
for Democracy, as authorized by the National Endowment for Democracy 
Act, $115,000,000, to remain available until expended, of which 
$100,000,000 shall be allocated in the traditional and customary manner 
among the core institutes and $15,000,000 shall be for democracy, human 
rights, and rule of law programs, of which $250,000 shall be for 
programs and activities in Tibet: Provided, 
That <<NOTE: Deadline. Reports.>>  the President of the National 
Endowment for Democracy shall provide to the Committees on 
Appropriations not later than 45 days after the date of enactment of 
this Act a report on the proposed uses of funds under this heading on a 
regional and country basis: Provided further, That funds made available 
by this Act for the promotion of democracy may be made available

[[Page 123 STAT. 839]]

for the National Endowment for Democracy notwithstanding any other 
provision of law or regulation.

                            OTHER COMMISSIONS

      Commission for the Preservation of America's Heritage Abroad


                          SALARIES AND EXPENSES


    For necessary expenses for the Commission for the Preservation of 
America's Heritage Abroad, $599,000, as authorized by section 1303 of 
Public Law 99-83.

              Commission on International Religious Freedom


                          SALARIES AND EXPENSES


    For necessary expenses for the United States Commission on 
International Religious Freedom, as authorized by title II of the 
International Religious Freedom Act of 1998 (Public Law 105-292), 
$4,000,000, to remain available until September 30, 2010.

            Commission on Security and Cooperation in Europe


                          SALARIES AND EXPENSES


    For necessary expenses of the Commission on Security and Cooperation 
in Europe, as authorized by Public Law 94-304, $2,610,000, to remain 
available until September 30, 2010.

  Congressional-Executive Commission on the People's Republic of China


                          SALARIES AND EXPENSES


    For necessary expenses of the Congressional-Executive Commission on 
the People's Republic of China, as authorized, $2,000,000, including not 
more than $3,000 for the purpose of official representation, to remain 
available until September 30, 2010.

       United States-China Economic and Security Review Commission

                          salaries and expenses

    For necessary expenses of the United States-China Economic and 
Security Review Commission, $4,000,000, including not more than $4,000 
for the purpose of official representation, to remain available until 
September 30, 2010: <<NOTE: Deadlines. Reports.>>  Provided, That the 
Commission shall provide to the Committees on Appropriations a quarterly 
accounting of the cumulative balances of any unobligated funds that were 
received by the Commission during any previous fiscal 
year: <<NOTE: Applicability.>>  Provided further, That section 308(e) of 
the United States-China Relations Act of 2000 (22 U.S.C. 6918(e)) 
(relating to the treatment of employees as Congressional employees), and 
section 309 of such Act (22 U.S.C. 6919) (relating to printing and 
binding costs), shall apply to the Commission in the same manner as such 
section applies to the Congressional-Executive Commission

[[Page 123 STAT. 840]]

on the People's Republic of China: <<NOTE: Compliance.>>  Provided 
further, That the Commission shall comply with chapter 43 of title 5, 
United States Code, regarding the establishment and regular review of 
employee performance appraisals: Provided further, That the Commission 
shall comply with section 4505a of title 5, United States Code, with 
respect to limitations on payment of performance-based cash awards: 
Provided further, That compensation for the executive director of the 
Commission may not exceed the rate payable for level II of the Executive 
Schedule under section 5313 of title 5, United States Code: Provided 
further, That travel by members of the Commission and its staff shall be 
arranged and conducted under the rules and procedures applying to travel 
by members of the House of Representatives and its staff.

           United States Senate-China Interparliamentary Group


                          SALARIES AND EXPENSES


    For necessary expenses of the United States Senate-China 
Interparliamentary Group, as authorized under section 153 of the 
Consolidated Appropriations Act, 2004 (22 U.S.C. 276n; Public Law 108-
99; 118 Stat. 448), $150,000, to remain available until September 30, 
2010.

                                TITLE II

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                   Funds Appropriated to the President


                           operating expenses


                      (including transfer of funds)


    For necessary expenses to carry out the provisions of section 667 of 
the Foreign Assistance Act of 1961, $808,584,000, of which up to 
$85,000,000 may remain available until September 30, 2010: Provided, 
That <<NOTE: Reports. Deadline.>>  none of the funds appropriated under 
this heading and under the heading ``Capital Investment Fund'' in this 
Act may be made available to finance the construction (including 
architect and engineering services), purchase, or long-term lease of 
offices for use by the United States Agency for International 
Development (USAID), unless the USAID Administrator has identified such 
proposed construction (including architect and engineering services), 
purchase, or long-term lease of offices in a report submitted to the 
Committees on Appropriations at least 15 days prior to the obligation of 
funds for such purposes: Provided further, That the previous proviso 
shall not apply when the total cost of construction (including architect 
and engineering services), purchase, or long-term lease of offices does 
not exceed $1,000,000: Provided further, That contracts or agreements 
entered into with funds appropriated under this heading may entail 
commitments for the expenditure of such funds through fiscal year 
2010: <<NOTE: Notification.>>  Provided further, That any decision to 
open a new USAID overseas mission or office or, except where there is a 
substantial security risk to mission personnel, to close or 
significantly reduce the number of personnel of any such mission or 
office, shall be subject to the

[[Page 123 STAT. 841]]

regular notification procedures of the Committees on Appropriations: 
Provided further, That the authority of sections 610 and 109 of the 
Foreign Assistance Act of 1961 may be exercised by the Secretary of 
State to transfer funds appropriated to carry out chapter 1 of part I of 
such Act to ``Operating Expenses'' in accordance with the provisions of 
those sections: Provided further, That of the funds appropriated or made 
available under this heading, not to exceed $250,000 shall be available 
for representation and entertainment allowances, of which not to exceed 
$5,000 shall be available for entertainment allowances, for USAID during 
the current fiscal year: Provided further, That no such entertainment 
funds may be used for the purposes listed in section 7020 of this Act: 
Provided further, That appropriate steps shall be taken to assure that, 
to the maximum extent possible, United States-owned foreign currencies 
are utilized in lieu of dollars.


                    CIVILIAN STABILIZATION INITIATIVE


    For necessary expenses to carry out section 667 of the Foreign 
Assistance Act of 1961 for the United States Agency for International 
Development (USAID) to establish, support, maintain, mobilize, and 
deploy a civilian response corps in coordination with the Department of 
State, and for related reconstruction and stabilization assistance to 
prevent or respond to conflict or civil strife in foreign countries or 
regions, or to enable transition from such strife, $30,000,000, to 
remain available until expended: <<NOTE: Deadline. Spending plan.>>  
Provided, That not later than 60 days after enactment of this Act, the 
Secretary of State and the USAID Administrator shall submit a 
coordinated joint spending plan for funds made available under this 
heading and under the heading ``Civilian Stabilization Initiative'' in 
title I of this Act.


                         capital investment fund


    For necessary expenses for overseas construction and related costs, 
and for the procurement and enhancement of information technology and 
related capital investments, pursuant to section 667 of the Foreign 
Assistance Act of 1961, $35,775,000, to remain available until expended: 
Provided, That this amount is in addition to funds otherwise available 
for such purposes: <<NOTE: Notification.>>  Provided further, That funds 
appropriated under this heading shall be available for obligation only 
pursuant to the regular notification procedures of the Committees on 
Appropriations.


                       office of inspector general


    For necessary expenses to carry out the provisions of section 667 of 
the Foreign Assistance Act of 1961, $42,000,000, to remain available 
until September 30, 2010, which sum shall be available for the Office of 
the Inspector General of the United States Agency for International 
Development.

[[Page 123 STAT. 842]]

                                TITLE III

                      BILATERAL ECONOMIC ASSISTANCE

                   Funds Appropriated to the President

    For necessary expenses to enable the President to carry out the 
provisions of the Foreign Assistance Act of 1961, and for other 
purposes, to remain available until September 30, 2009, unless otherwise 
specified herein, as follows:

                    global health and child survival

                      (including transfer of funds)

    For necessary expenses to carry out the provisions of chapters 1 and 
10 of part I of the Foreign Assistance Act of 1961, for global health 
activities, in addition to funds otherwise available for such purposes, 
$1,955,000,000, to remain available until September 30, 2010, and which 
shall be apportioned directly to the United States Agency for 
International Development: <<NOTE: HIV/AIDS.>>  Provided, That this 
amount shall be made available for such activities as: (1) child 
survival and maternal health programs; (2) immunization and oral 
rehydration programs; (3) other health, nutrition, water and sanitation 
programs which directly address the needs of mothers and children, and 
related education programs; (4) assistance for children displaced or 
orphaned by causes other than AIDS; (5) programs for the prevention, 
treatment, control of, and research on HIV/AIDS, tuberculosis, polio, 
malaria, and other infectious diseases, and for assistance to 
communities severely affected by HIV/AIDS, including children infected 
or affected by AIDS; and (6) family planning/reproductive health: 
Provided further, That none of the funds appropriated under this 
paragraph may be made available for nonproject assistance, except that 
funds may be made available for such assistance for ongoing health 
activities: Provided further, That of the funds appropriated under this 
paragraph, not to exceed $400,000, in addition to funds otherwise 
available for such purposes, may be used to monitor and provide 
oversight of child survival, maternal and family planning/reproductive 
health, and infectious disease programs: Provided further, That of the 
funds appropriated under this paragraph, $75,000,000 should be made 
available for a United States contribution to The GAVI Fund, and up to 
$5,000,000 may be transferred to, and merged with, funds appropriated by 
this Act under the heading ``Operating Expenses'' in title II for costs 
directly related to global health, but funds made available for such 
costs may not be derived from amounts made available for contributions 
under this and preceding 
provisos: <<NOTE: Determination. Abortion. Sterilization.>>  Provided 
further, That none of the funds made available in this Act nor any 
unobligated balances from prior appropriations Acts may be made 
available to any organization or program which, as determined by the 
President of the United States, supports or participates in the 
management of a program of coercive abortion or involuntary 
sterilization: <<NOTE: Deadline.>>  Provided further, That any 
determination made under the previous proviso must be made no later than 
6 months after the date of enactment of this Act, and must be 
accompanied by the evidence and criteria utilized to make the 
determination: <<NOTE: Abortion.>>  Provided further, That none of the 
funds made available under this Act may be used to pay for the 
performance of

[[Page 123 STAT. 843]]

abortion as a method of family planning or to motivate or coerce any 
person to practice abortions: Provided further, That nothing in this 
paragraph shall be construed to alter any existing statutory 
prohibitions against abortion under section 104 of the Foreign 
Assistance Act of 1961: <<NOTE: Lobbying. Abortion.>>  Provided further, 
That none of the funds made available under this Act may be used to 
lobby for or against abortion: <<NOTE: Family 
planning. Requirements. Deadline. Determination. Reports.>>  Provided 
further, That in order to reduce reliance on abortion in developing 
nations, funds shall be available only to voluntary family planning 
projects which offer, either directly or through referral to, or 
information about access to, a broad range of family planning methods 
and services, and that any such voluntary family planning project shall 
meet the following requirements: (1) service providers or referral 
agents in the project shall not implement or be subject to quotas, or 
other numerical targets, of total number of births, number of family 
planning acceptors, or acceptors of a particular method of family 
planning (this provision shall not be construed to include the use of 
quantitative estimates or indicators for budgeting and planning 
purposes); (2) the project shall not include payment of incentives, 
bribes, gratuities, or financial reward to: (A) an individual in 
exchange for becoming a family planning acceptor; or (B) program 
personnel for achieving a numerical target or quota of total number of 
births, number of family planning acceptors, or acceptors of a 
particular method of family planning; (3) the project shall not deny any 
right or benefit, including the right of access to participate in any 
program of general welfare or the right of access to health care, as a 
consequence of any individual's decision not to accept family planning 
services; (4) the project shall provide family planning acceptors 
comprehensible information on the health benefits and risks of the 
method chosen, including those conditions that might render the use of 
the method inadvisable and those adverse side effects known to be 
consequent to the use of the method; and (5) the project shall ensure 
that experimental contraceptive drugs and devices and medical procedures 
are provided only in the context of a scientific study in which 
participants are advised of potential risks and benefits; and, not less 
than 60 days after the date on which the Administrator of the United 
States Agency for International Development determines that there has 
been a violation of the requirements contained in paragraph (1), (2), 
(3), or (5) of this proviso, or a pattern or practice of violations of 
the requirements contained in paragraph (4) of this proviso, the 
Administrator shall submit to the Committees on Appropriations a report 
containing a description of such violation and the corrective action 
taken by the Agency: <<NOTE: Grants. Non- discrimination. Compliance.>>  
Provided further, That in awarding grants for natural family planning 
under section 104 of the Foreign Assistance Act of 1961 no applicant 
shall be discriminated against because of such applicant's religious or 
conscientious commitment to offer only natural family planning; and, 
additionally, all such applicants shall comply with the requirements of 
the previous proviso: Provided further, That for purposes of this or any 
other Act authorizing or appropriating funds for the Department of 
State, foreign operations, and related programs, the term ``motivate'', 
as it relates to family planning assistance, shall not be construed to 
prohibit the provision, consistent with local law, of information or 
counseling about all pregnancy options: <<NOTE: Condoms.>>  Provided 
further, That information provided about the use of condoms as part of 
projects or activities that are funded from amounts appropriated by this 
Act shall be

[[Page 123 STAT. 844]]

medically accurate and shall include the public health benefits and 
failure rates of such use.

    In addition, for necessary expenses to carry out the provisions of 
the Foreign Assistance Act of 1961 for the prevention, treatment, and 
control of, and research on, HIV/AIDS, $5,159,000,000, to remain 
available until expended, and which shall be apportioned directly to the 
Department of State: Provided, That of the funds appropriated under this 
paragraph, not less than $600,000,000 shall be made available, 
notwithstanding any other provision of law, except for the United States 
Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 2003 
(Public Law 108-25), as amended, for a United States contribution to the 
Global Fund to Fight AIDS, Tuberculosis and Malaria, and shall be 
expended at the minimum rate necessary to make timely payment for 
projects and activities: Provided further, That up to 5 percent of the 
aggregate amount of funds made available to the Global Fund in fiscal 
year 2009 may be made available to the United States Agency for 
International Development for technical assistance related to the 
activities of the Global Fund: Provided further, That of the funds 
appropriated under this paragraph, up to $14,000,000 may be made 
available, in addition to amounts otherwise available for such purposes, 
for administrative expenses of the Office of the Global AIDS 
Coordinator.

                         development assistance

    For necessary expenses to carry out the provisions of sections 103, 
105, 106, and sections 251 through 255, and chapter 10 of part I of the 
Foreign Assistance Act of 1961, $1,800,000,000, to remain available 
until September 30, 2010: Provided, That of the funds appropriated under 
this heading that are made available for assistance programs for 
displaced and orphaned children and victims of war, not to exceed 
$44,000, in addition to funds otherwise available for such purposes, may 
be used to monitor and provide oversight of such programs: Provided 
further, That of the funds appropriated by this Act and prior Acts for 
fiscal year 2009, not less than $245,000,000 shall be made available for 
microenterprise and microfinance development programs for the poor, 
especially women: Provided further, That of the funds appropriated under 
this heading, not less than $22,500,000 shall be made available for the 
American Schools and Hospitals Abroad program: Provided further, That of 
the funds appropriated under this heading, $10,000,000 shall be made 
available for cooperative development programs within the Office of 
Private and Voluntary Cooperation: Provided further, That of the funds 
appropriated by this Act and prior Acts for fiscal year 2009, not less 
than $300,000,000 shall be made available for water and sanitation 
supply projects pursuant to the Senator Paul Simon Water for the Poor 
Act of 2005 (Public Law 109-121), of which not less than $125,000,000 
should be made available for such projects in Africa: Provided further, 
That of the funds appropriated by title III of this Act, not less than 
$375,000,000 shall be made available for agricultural development 
programs, of which not less than $29,000,000 shall be made available for 
Collaborative Research Support Programs: Provided further, That of the 
funds appropriated under this heading, $75,000,000 shall be made 
available to enhance global food security, including for local or 
regional purchase and distribution of food, in addition

[[Page 123 STAT. 845]]

to funds otherwise made available for such purposes, and notwithstanding 
any other provision of law: <<NOTE: Strategy.>>  Provided further, That 
prior to the obligation of funds pursuant to the previous proviso and 
after consultation with other relevant Federal departments and agencies, 
the Committees on Appropriations, and relevant nongovernmental 
organizations, the Administrator of the United States Agency for 
International Development shall submit to the Committees on 
Appropriations a strategy for achieving the goals of funding for global 
food security programs, specifying the intended country beneficiaries, 
amounts of funding, types of activities to be funded, and expected 
quantifiable results: Provided further, That of the funds appropriated 
under this heading for agricultural development programs, not less than 
$7,000,000 shall be made available for a United States contribution to 
the endowment of the Global Crop Diversity Trust pursuant to section 
3202 of Public Law 110-246: Provided further, That of the funds 
appropriated under this heading, not less than $15,000,000 shall be made 
available for programs to improve women's leadership capacity in 
recipient countries.


                    international disaster assistance


    For necessary expenses to carry out the provisions of section 491 of 
the Foreign Assistance Act of 1961 for international disaster relief, 
rehabilitation, and reconstruction assistance, $350,000,000, to remain 
available until expended.


                         transition initiatives


    For necessary expenses for international disaster rehabilitation and 
reconstruction assistance pursuant to section 491 of the Foreign 
Assistance Act of 1961, $50,000,000, to remain available until expended, 
to support transition to democracy and to long-term development of 
countries in crisis: Provided, That such support may include assistance 
to develop, strengthen, or preserve democratic institutions and 
processes, revitalize basic infrastructure, and foster the peaceful 
resolution of conflict: <<NOTE: Reports. Deadline.>>  Provided further, 
That the United States Agency for International Development shall submit 
a report to the Committees on Appropriations at least 5 days prior to 
beginning a new program of assistance: <<NOTE: President.>>  Provided 
further, That if the President determines that it is important to the 
national interests of the United States to provide transition assistance 
in excess of the amount appropriated under this heading, up to 
$15,000,000 of the funds appropriated by this Act to carry out the 
provisions of part I of the Foreign Assistance Act of 1961 may be used 
for purposes of this heading and under the authorities applicable to 
funds appropriated under this heading: Provided further, That funds made 
available pursuant to the previous proviso shall be made available 
subject to prior consultation with the Committees on Appropriations.


                      development credit authority


                      (including transfer of funds)


    For the cost of direct loans and loan guarantees provided by the 
United States Agency for International Development, as authorized by 
sections 256 and 635 of the Foreign Assistance Act of 1961, up to 
$25,000,000 may be derived by transfer from funds appropriated by this 
Act to carry out part I of such Act and under

[[Page 123 STAT. 846]]

the heading ``Assistance for Europe, Eurasia and Central Asia'': 
Provided, That funds provided under this paragraph and funds provided as 
a gift pursuant to section 635(d) of the Foreign Assistance Act of 1961 
shall be made available only for micro and small enterprise programs, 
urban programs, and other programs which further the purposes of part I 
of such Act: Provided further, That such costs, including the cost of 
modifying such direct and guaranteed loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974, as 
amended: <<NOTE: Notification.>>  Provided further, That funds made 
available by this paragraph may be used for the cost of modifying any 
such guaranteed loans under this Act or prior Acts, and funds used for 
such costs shall be subject to the regular notification procedures of 
the Committees on Appropriations: <<NOTE: Applicability. Loans.>>  
Provided further, That the provisions of section 107A(d) (relating to 
general provisions applicable to the Development Credit Authority) of 
the Foreign Assistance Act of 1961, as contained in section 306 of H.R. 
1486 as reported by the House Committee on International Relations on 
May 9, 1997, shall be applicable to direct loans and loan guarantees 
provided under this heading: Provided further, That these funds are 
available to subsidize total loan principal, any portion of which is to 
be guaranteed, of up to $700,000,000.

    In addition, for administrative expenses to carry out credit 
programs administered by the United States Agency for International 
Development, $8,000,000, which may be transferred to, and merged with, 
funds made available under the heading ``Operating Expenses'' in title 
II of this Act: Provided, That funds made available under this heading 
shall remain available until September 30, 2011.

                          economic support fund

                      (including transfer of funds)

    For necessary expenses to carry out the provisions of chapter 4 of 
part II of the Foreign Assistance Act of 1961, $3,007,000,000, to remain 
available until September 30, 2010: <<NOTE: Egypt. Grants.>>  Provided, 
That of the funds appropriated under this heading, $200,000,000 shall be 
available only for Egypt, which sum shall be provided on a grant basis, 
and of which sum cash transfer assistance shall be provided with the 
understanding that Egypt will undertake significant economic and 
democratic reforms which are additional to those which were undertaken 
in previous fiscal years: Provided further, That of the funds 
appropriated under this heading for assistance for Egypt, up to 
$20,000,000 shall be made available for democracy, human rights and 
governance programs, and not less than $35,000,000 shall be made 
available for education programs, of which not less than $10,000,000 is 
for scholarships for Egyptian students with high financial 
need: <<NOTE: Cyprus.>>  Provided further, That $11,000,000 of the funds 
appropriated under this heading should be made available for Cyprus to 
be used only for scholarships, administrative support of the scholarship 
program, bicommunal projects, and measures aimed at reunification of the 
island and designed to reduce tensions and promote peace and cooperation 
between the two communities on Cyprus: <<NOTE: Jordan.>>  Provided 
further, That of the funds appropriated under this heading, not less 
than $263,547,000 shall be made available for assistance for Jordan: 
Provided further, That of the funds appropriated under this heading

[[Page 123 STAT. 847]]

not more than $75,000,000 may be made available for assistance for the 
West Bank and Gaza, of which not to exceed $2,000,000 may be used for 
administrative expenses of the United States Agency for International 
Development (USAID), in addition to funds otherwise available for such 
purposes, to carry out programs in the West Bank and 
Gaza: <<NOTE: Lebanon.>>  Provided further, That $67,500,000 of the 
funds appropriated under this heading shall be made available for 
assistance for Lebanon, of which not less than $10,000,000 shall be made 
available for educational scholarships for students in Lebanon with high 
financial need: <<NOTE: Afghanistan. Certification.>>  Provided further, 
That $200,000,000 of the funds made available for assistance for 
Afghanistan under this heading may be obligated for such assistance only 
after the Secretary of State certifies to the Committees on 
Appropriations that the Government of Afghanistan at both the national 
and provincial level is cooperating fully with United States-funded 
poppy eradication and interdiction efforts in 
Afghanistan: <<NOTE: President. Waiver 
authority. Determination. Reports.>>  Provided further, That the 
President may waive the previous proviso if the President determines and 
reports to the Committees on Appropriations that to do so is in the 
national security interests of the United States: Provided further, That 
of the funds appropriated under this heading, $200,000,000 shall be 
apportioned directly to USAID for alternative development/institution 
building programs in Colombia: Provided further, That of the funds 
appropriated under this heading that are available for Colombia, not 
less than $3,500,000 shall be transferred to, and merged with, funds 
appropriated under the heading ``Migration and Refugee Assistance'' and 
shall be made available only for assistance to nongovernmental 
organizations that provide emergency relief aid to Colombian refugees in 
neighboring countries.


                             DEMOCRACY FUND


    (a) For necessary expenses to carry out the provisions of the 
Foreign Assistance Act of 1961 for the promotion of democracy globally, 
$116,000,000, to remain available until September 30, 2011, of which not 
less than $74,000,000 shall be made available for the Human Rights and 
Democracy Fund of the Bureau of Democracy, Human Rights and Labor, 
Department of State, and not less than $37,000,000 shall be made 
available for the Office of Democracy and Governance of the Bureau for 
Democracy, Conflict, and Humanitarian Assistance, United States Agency 
for International Development.
    (b) Of the funds appropriated under this heading that are made 
available to the Bureau of Democracy, Human Rights and Labor, not less 
than $17,000,000 shall be made available for the promotion of democracy 
in the People's Republic of China, Hong Kong, and Taiwan, and not less 
than $6,500,000 shall be made available for the promotion of democracy 
in countries located outside the Middle East region with a significant 
Muslim population, and where such programs and activities would be 
important to respond to, deter, or prevent extremism: Provided, That 
assistance for Taiwan should be matched from sources other than the 
United States Government.
    (c) Of the funds appropriated under this heading that are made 
available to the Bureau for Democracy, Conflict, and Humanitarian 
Assistance, not less than $19,500,000 shall be made available for the 
Elections and Political Process Fund, $7,500,000 shall be made available 
for international labor programs, and not less than

[[Page 123 STAT. 848]]

$10,000,000 shall be made available to provide institutional and core 
support for organizations that promote human rights, independent media 
and the rule of law.
    (d) Funds appropriated by this Act that are made available for the 
promotion of democracy may be made available notwithstanding any other 
provision of law. Funds appropriated under this heading are in addition 
to funds otherwise made available for such purposes.
    (e) For the purposes of funds appropriated by this Act, the term 
``promotion of democracy'' means programs that support good governance, 
human rights, independent media, and the rule of law, and otherwise 
strengthen the capacity of democratic political parties, governments, 
nongovernmental organizations and institutions, and citizens to support 
the development of democratic states, institutions, and practices that 
are responsive and accountable to citizens.
    (f) Any <<NOTE: Notification.>>  contract, grant, or cooperative 
agreement (or any amendment to any contract, grant, or cooperative 
agreement) in excess of $1,000,000 of funds under this heading, and in 
excess of $2,500,000 under other headings in this Act, for the promotion 
of democracy, with the exception of programs and activities of the 
National Endowment for Democracy, shall be subject to the regular 
notification procedures of the Committees on Appropriations.

                     international fund for ireland

    For necessary expenses to carry out the provisions of chapter 4 of 
part II of the Foreign Assistance Act of 1961, $15,000,000, which shall 
be available for the United States contribution to the International 
Fund for Ireland and shall be made available in accordance with the 
provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law 
99-415): Provided, That such amount shall be expended at the minimum 
rate necessary to make timely payment for projects and activities: 
Provided further, That funds made available under this heading shall 
remain available until September 30, 2010.


             ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA


    For necessary expenses to carry out the provisions of the Foreign 
Assistance Act of 1961, the FREEDOM Support Act, and the Support for 
East European Democracy (SEED) Act of 1989, $650,000,000, to remain 
available until September 30, 2010, which shall be available, 
notwithstanding any other provision of law, for assistance and for 
related programs for countries identified in section 3 of the FREEDOM 
Support Act and section 3(c) of the SEED Act: Provided, That funds 
appropriated under this heading shall be considered to be economic 
assistance under the Foreign Assistance Act of 1961 for purposes of 
making available the administrative authorities contained in that Act 
for the use of economic assistance: Provided further, That 
notwithstanding any provision of this or any other Act, funds 
appropriated in prior years under the headings ``Independent States of 
the Former Soviet Union'' and similar headings and ``Assistance for 
Eastern Europe and the Baltic States'' and similar headings, and 
currencies generated by or converted from such funds, shall be available 
for use in any country for which funds are made available under

[[Page 123 STAT. 849]]

this heading without regard to the geographic limitations of the heading 
under which such funds were originally appropriated: Provided further, 
That funds made available for the Southern Caucasus region may be used 
for confidence-building measures and other activities in furtherance of 
the peaceful resolution of conflicts, including in Nagorno-Karabagh.

                           Department of State


           international narcotics control and law enforcement


    For necessary expenses to carry out section 481 of the Foreign 
Assistance Act of 1961, $875,000,000, to remain available until 
September 30, 2010: <<NOTE: Notification.>>  Provided, That during 
fiscal year 2009, the Department of State may also use the authority of 
section 608 of the Foreign Assistance Act of 1961, without regard to its 
restrictions, to receive excess property from an agency of the United 
States Government for the purpose of providing it to a foreign country 
or international organization under chapter 8 of part I of that Act 
subject to the regular notification procedures of the Committees on 
Appropriations: <<NOTE: Deadline. Reports.>>  Provided further, That the 
Secretary of State shall provide to the Committees on Appropriations not 
later than 45 days after the date of the enactment of this Act and prior 
to the initial obligation of funds appropriated under this heading, a 
report on the proposed uses of all funds under this heading on a 
country-by-country basis for each proposed program, project, or 
activity: <<NOTE: Afghanistan. Determination. Reports.>>  Provided 
further, That none of the funds appropriated under this heading for 
assistance for Afghanistan may be made available for eradication 
programs through the aerial spraying of herbicides unless the Secretary 
of State determines and reports to the Committees on Appropriations that 
the President of Afghanistan has requested assistance for such aerial 
spraying programs for counternarcotics or counterterrorism 
purposes: <<NOTE: Consultation.>>  Provided further, That in the event 
the Secretary of State makes a determination pursuant to the previous 
proviso, the Secretary shall consult with the Committees on 
Appropriations prior to the obligation of funds for such eradication 
programs: Provided further, That of the funds appropriated under this 
heading, $5,000,000 should be made available to combat piracy of United 
States copyrighted materials, consistent with the requirements of 
section 688(a) and (b) of the Department of State, Foreign Operations, 
and Related Programs Appropriations Act, 2008 (division J of Public Law 
110-161): Provided further, That <<NOTE: Colombia.>>  none of the funds 
appropriated under this heading for assistance for Colombia shall be 
made available for budget support or as cash 
payments: <<NOTE: Reports.>>  Provided further, That of the funds 
appropriated under this heading for administrative expenses, ten percent 
shall be withheld from obligation until the Secretary of State submits a 
report to the Committees on Appropriations detailing all salaries funded 
under this heading in fiscal years 2007 and 2008, and such salaries 
proposed in fiscal year 2009.


                       andean counterdrug programs


    For necessary expenses to carry out section 481 of the Foreign 
Assistance Act of 1961 to support counterdrug activities in the Andean 
region of South America, $315,000,000, to remain available until 
September 30, 2010: <<NOTE: Deadline. Reports.>>  Provided, That the 
Secretary of State,

[[Page 123 STAT. 850]]

in consultation with the Administrator of the United States Agency for 
International Development (USAID), shall provide to the Committees on 
Appropriations not later than 45 days after the date of the enactment of 
this Act and prior to the initial obligation of funds appropriated under 
this heading, a report on the proposed uses of all funds under this 
heading on a country-by-country basis for each proposed program, 
project, or activity: Provided further, That section 482(b) of the 
Foreign Assistance Act of 1961 shall not apply to funds appropriated 
under this heading: <<NOTE: Notification.>>  Provided further, That 
assistance provided with funds appropriated under this heading that is 
made available notwithstanding section 482(b) of the Foreign Assistance 
Act of 1961 shall be made available subject to the regular notification 
procedures of the Committees on Appropriations: Provided further, 
That <<NOTE: Bolivia. Certification. Human rights.>>  funds appropriated 
under this heading that are made available for assistance for the 
Bolivian military and police may be made available for such purposes 
only if the Secretary of State certifies to the Committees on 
Appropriations that the Bolivian military and police are respecting 
internationally recognized human rights and cooperating fully with 
investigations and prosecutions by civilian judicial authorities of 
military and police personnel who have been credibly alleged to have 
violated such rights: Provided further, That of the funds appropriated 
under this heading, not more than $16,730,000 may be available for 
administrative expenses of the Department of State, and not more than 
$8,000,000 of the funds made available for alternative development/
institution building programs under the heading ``Economic Support 
Fund'' in this Act may be available, in addition to amounts otherwise 
available for such purposes, for administrative expenses of USAID.


     nonproliferation, anti-terrorism, demining and related programs


    For necessary expenses for nonproliferation, anti-terrorism, 
demining and related programs and activities, $525,000,000, to carry out 
the provisions of chapter 8 of part II of the Foreign Assistance Act of 
1961 for anti-terrorism assistance, chapter 9 of part II of the Foreign 
Assistance Act of 1961, section 504 of the FREEDOM Support Act, section 
23 of the Arms Export Control Act or the Foreign Assistance Act of 1961 
for demining activities, the clearance of unexploded ordnance, the 
destruction of small arms, and related activities, notwithstanding any 
other provision of law, including activities implemented through 
nongovernmental and international organizations, and section 301 of the 
Foreign Assistance Act of 1961 for a voluntary contribution to the 
International Atomic Energy Agency (IAEA), and for a United States 
contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory 
Commission: Provided, That of this amount not to exceed $41,000,000, to 
remain available until expended, may be made available for the 
Nonproliferation and Disarmament Fund, notwithstanding any other 
provision of law, to promote bilateral and multilateral activities 
relating to nonproliferation and disarmament: Provided further, That 
such funds may also be used for such countries other than the 
Independent States of the former Soviet Union and international 
organizations when it is in the national security interest of the United 
States to do so: <<NOTE: Determination. Reports. Israel.>>  Provided 
further, That funds appropriated under this heading may be made 
available for IAEA only if the Secretary of State determines (and so 
reports to the

[[Page 123 STAT. 851]]

Congress) that Israel is not being denied its right to participate in 
the activities of that Agency: Provided further, That of the funds 
appropriated under this heading, not more than $750,000 may be made 
available for public-private partnerships for conventional weapons and 
mine action by grant, cooperative agreement or contract: Provided 
further, That of the funds made available for demining and related 
activities, not to exceed $700,000, in addition to funds otherwise 
available for such purposes, may be used for administrative expenses 
related to the operation and management of the demining program: 
Provided further, That funds appropriated under this heading that are 
available for ``Anti-terrorism Assistance'' and ``Export Control and 
Border Security'' shall remain available until September 30, 2010.

                    migration and refugee assistance

    For necessary expenses, not otherwise provided for, to enable the 
Secretary of State to provide, as authorized by law, a contribution to 
the International Committee of the Red Cross, assistance to refugees, 
including contributions to the International Organization for Migration 
and the United Nations High Commissioner for Refugees, and other 
activities to meet refugee and migration needs; salaries and expenses of 
personnel and dependents as authorized by the Foreign Service Act of 
1980; allowances as authorized by sections 5921 through 5925 of title 5, 
United States Code; purchase and hire of passenger motor vehicles; and 
services as authorized by section 3109 of title 5, United States Code, 
$931,000,000, to remain available until expended, of which not less than 
$30,000,000 shall be made available for refugees resettling in Israel.


      united states emergency refugee and migration assistance fund


    For necessary expenses to carry out the provisions of section 2(c) 
of the Migration and Refugee Assistance Act of 1962, as amended (22 
U.S.C. 2601(c)), $40,000,000, to remain available until expended.

                          Independent Agencies


                               peace corps


                      (including transfer of funds)


    For necessary expenses to carry out the provisions of the Peace 
Corps Act (75 Stat. 612), including the purchase of not to exceed five 
passenger motor vehicles for administrative purposes for use outside of 
the United States, $340,000,000 to remain available until September 30, 
2010: <<NOTE: Abortion.>>  Provided, That none of the funds appropriated 
under this heading shall be used to pay for abortions: Provided further, 
That the Director of the Peace Corps may transfer to the Foreign 
Currency Fluctuations Account, as authorized by 22 U.S.C. 2515, an 
amount not to exceed $4,000,000: Provided further, That funds 
transferred pursuant to the previous proviso may not be derived from 
amounts made available for Peace Corps overseas operations: Provided 
further, That of the funds appropriated under this heading, not to 
exceed $4,000 shall be made available for entertainment 
expenses: <<NOTE: Notification.>>  Provided further, That any

[[Page 123 STAT. 852]]

decision to open a new domestic office or to close, or significantly 
reduce the number of personnel of, any office, shall be subject to the 
regular notification procedures of the Committees on Appropriations.


                    Millennium Challenge Corporation


                      (including transfer of funds)


    For necessary expenses to carry out the provisions of the Millennium 
Challenge Act of 2003, $875,000,000 to remain available until expended: 
Provided, That of the funds appropriated under this heading, up to 
$95,000,000 may be available for administrative expenses of the 
Millennium Challenge Corporation (the Corporation): Provided further, 
That up to 10 percent of the funds appropriated under this heading may 
be made available to carry out the purposes of section 616 of the 
Millennium Challenge Act of 2003 for candidate countries for fiscal year 
2009: <<NOTE: Reports.>>  Provided further, That none of the funds 
available to carry out section 616 of such Act may be made available 
until the Chief Executive Officer of the Corporation provides a report 
to the Committees on Appropriations listing the candidate countries that 
will be receiving assistance under section 616 of such Act, the level of 
assistance proposed for each such country, a description of the proposed 
programs, projects and activities, and the implementing agency or 
agencies of the United States Government: <<NOTE: Applicability.>>  
Provided further, That section 605(e)(4) of the Millennium Challenge Act 
of 2003 shall apply to funds appropriated under this heading: Provided 
further, That funds appropriated under this heading may be made 
available for a Millennium Challenge Compact entered into pursuant to 
section 609 of the Millennium Challenge Act of 2003 only if such Compact 
obligates, or contains a commitment to obligate subject to the 
availability of funds and the mutual agreement of the parties to the 
Compact to proceed, the entire amount of the United States Government 
funding anticipated for the duration of the Compact: Provided further, 
That the Corporation should reimburse the United States Agency for 
International Development (USAID) for all expenses incurred by USAID 
with funds appropriated under this heading in assisting the Corporation 
in carrying out the Millennium Challenge Act of 2003 (22 U.S.C. 7701 et 
seq.), including administrative costs for compact development, 
negotiation, and implementation: Provided further, That of the funds 
appropriated under this heading, not to exceed $100,000 shall be 
available for representation and entertainment allowances, of which not 
to exceed $5,000 shall be available for entertainment allowances.


                        Inter-American Foundation


    For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of 
the Foreign Assistance Act of 1969, $22,500,000, to remain available 
until September 30, 2010: Provided, That of the funds appropriated under 
this heading, not to exceed $3,000 shall be available for entertainment 
and representation allowances.


                     AFRICAN DEVELOPMENT FOUNDATION


    For necessary expenses to carry out title V of the International 
Security and Development Cooperation Act of 1980 (Public Law

[[Page 123 STAT. 853]]

96-533), $32,500,000, to remain available until September 30, 2010: 
Provided, That funds made available to grantees may be invested pending 
expenditure for project purposes when authorized by the Board of 
Directors of the Foundation: Provided further, That interest earned 
shall be used only for the purposes for which the grant was 
made: <<NOTE: Waiver authority.>>  Provided further, That 
notwithstanding section 505(a)(2) of the African Development Foundation 
Act, in exceptional circumstances the Board of Directors of the 
Foundation may waive the $250,000 limitation contained in that section 
with respect to a project and a project may exceed the limitation by up 
to $10,000 if the increase is due solely to foreign currency 
fluctuation: <<NOTE: Reports.>>  Provided further, That the Foundation 
shall provide a report to the Committees on Appropriations after each 
time such waiver authority is exercised.

                       Department of the Treasury


               International Affairs Technical Assistance


    For necessary expenses to carry out the provisions of section 129 of 
the Foreign Assistance Act of 1961, $25,000,000, to remain available 
until September 30, 2011, which shall be available notwithstanding any 
other provision of law.


                           Debt Restructuring


    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, of modifying loans and loan guarantees, as the President 
may determine, for which funds have been appropriated or otherwise made 
available for programs within the International Affairs Budget Function 
150, including the cost of selling, reducing, or canceling amounts owed 
to the United States as a result of concessional loans made to eligible 
countries, pursuant to parts IV and V of the Foreign Assistance Act of 
1961, of modifying concessional credit agreements with least developed 
countries, as authorized under section 411 of the Agricultural Trade 
Development and Assistance Act of 1954, as amended, of concessional 
loans, guarantees and credit agreements, as authorized under section 572 
of the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1989 (Public Law 100-461), and of canceling amounts 
owed, as a result of loans or guarantees made pursuant to the Export-
Import Bank Act of 1945, by countries that are eligible for debt 
reduction pursuant to title V of H.R. 3425 as enacted into law by 
section 1000(a)(5) of Public Law 106-113, $60,000,000, to remain 
available until September 30, 2011: Provided, That not less than 
$20,000,000 of the funds appropriated under this heading shall be made 
available to carry out the provisions of part V of the Foreign 
Assistance Act of 1961: Provided further, That amounts paid to the HIPC 
Trust Fund may be used only to fund debt reduction under the enhanced 
HIPC initiative by--
            (1) the Inter-American Development Bank;
            (2) the African Development Fund;
            (3) the African Development Bank; and
            (4) the Central American Bank for Economic Integration:

Provided further, That <<NOTE: Human rights.>>  funds may not be paid to 
the HIPC Trust Fund for the benefit of any country if the Secretary of 
State has credible evidence that the government of such country is 
engaged

[[Page 123 STAT. 854]]

in a consistent pattern of gross violations of internationally 
recognized human rights or in military or civil conflict that undermines 
its ability to develop and implement measures to alleviate poverty and 
to devote adequate human and financial resources to that 
end: <<NOTE: Consultation.>>  Provided further, That on the basis of 
final appropriations, the Secretary of the Treasury shall consult with 
the Committees on Appropriations concerning which countries and 
international financial institutions are expected to benefit from a 
United States contribution to the HIPC Trust Fund during the fiscal 
year: <<NOTE: Notification. Deadline.>>  Provided further, That the 
Secretary of the Treasury shall notify the Committees on Appropriations 
not less than 15 days in advance of the signature of an agreement by the 
United States to make payments to the HIPC Trust Fund of amounts for 
such countries and institutions: Provided further, That the Secretary of 
the Treasury may disburse funds designated for debt reduction through 
the HIPC Trust Fund only for the benefit of countries that--
            (1) have committed, for a period of 24 months, not to accept 
        new market-rate loans from the international financial 
        institution receiving debt repayment as a result of such 
        disbursement, other than loans made by such institutions to 
        export-oriented commercial projects that generate foreign 
        exchange which are generally referred to as ``enclave'' loans; 
        and
            (2) have documented and demonstrated their commitment to 
        redirect their budgetary resources from international debt 
        repayments to programs to alleviate poverty and promote economic 
        growth that are additional to or expand upon those previously 
        available for such purposes:

Provided further, That any limitation of subsection (e) of section 411 
of the Agricultural Trade Development and Assistance Act of 1954 shall 
not apply to funds appropriated under this heading: Provided further, 
That <<NOTE: Sudan. Burma. Determination. Notification.>>  none of the 
funds made available under this heading in this or any other 
appropriations Act shall be made available for Sudan or Burma unless the 
Secretary of the Treasury determines and notifies the Committees on 
Appropriations that a democratically elected government has taken 
office.

                                TITLE IV

                    INTERNATIONAL SECURITY ASSISTANCE

                   Funds Appropriated to the President


                         peacekeeping operations


    For necessary expenses to carry out the provisions of section 551 of 
the Foreign Assistance Act of 1961, $250,200,000: Provided, That of the 
funds made available under this heading, not less than $25,000,000 shall 
be made available for a United States contribution to the Multinational 
Force and Observers mission in the Sinai: <<NOTE: Notification.>>  
Provided further, That none of the funds appropriated under this heading 
shall be obligated or expended except as provided through the regular 
notification procedures of the Committees on Appropriations.

[[Page 123 STAT. 855]]

              International Military Education and Training


    For necessary <<NOTE: Notification.>>  expenses to carry out the 
provisions of section 541 of the Foreign Assistance Act of 1961, 
$91,000,000, of which up to $4,000,000 may remain available until 
expended and may only be provided through the regular notification 
procedures of the Committees on Appropriations: Provided, That the 
civilian personnel for whom military education and training may be 
provided under this heading may include civilians who are not members of 
a government whose participation would contribute to improved civil-
military relations, civilian control of the military, or respect for 
human rights: <<NOTE: Foreign countries. Notification.>>  Provided 
further, That funds made available under this heading for assistance for 
Haiti, Guatemala, the Democratic Republic of the Congo, Nigeria, Sri 
Lanka, Nepal, Ethiopia, Bangladesh, Libya, and Angola may only be 
provided through the regular notification procedures of the Committees 
on Appropriations and any such notification shall include a detailed 
description of proposed activities: Provided further, That of the funds 
appropriated under this heading, not to exceed $55,000 shall be 
available for entertainment allowances.

                   foreign military financing program

    For necessary expenses for grants to enable the President to carry 
out the provisions of section 23 of the Arms Export Control Act, 
$4,635,000,000: Provided, That of the funds appropriated under this 
heading, not less than $2,380,000,000 shall be available for grants only 
for Israel, and not less than $1,300,000,000 shall be made available for 
grants only for Egypt, including for border security programs and 
activities in the Sinai: <<NOTE: Israel. Deadline.>>  Provided further, 
That the funds appropriated by this paragraph for Israel shall be 
disbursed within 30 days of the enactment of this Act: Provided further, 
That to the extent that the Government of Israel requests that funds be 
used for such purposes, grants made available for Israel by this 
paragraph shall, as agreed by the United States and Israel, be available 
for advanced weapons systems, of which not less than $670,650,000 shall 
be available for the procurement in Israel of defense articles and 
defense services, including research and development: Provided further, 
That of the funds appropriated by this paragraph, $235,000,000 shall be 
made available for assistance for Jordan: Provided further, That of the 
funds appropriated under this heading, not more than $53,000,000 shall 
be available for Colombia, of which $12,500,000 is available to support 
maritime interdiction: <<NOTE: Pakistan.>>  Provided further, That funds 
appropriated under this heading for assistance for Pakistan may be made 
available only for border security, counter-terrorism and law 
enforcement activities directed against Al Qaeda, the Taliban and 
associated terrorist groups: Provided further, That none of the funds 
made available under this heading shall be made available to support or 
continue any program initially funded under the authority of section 
1206 of the National Defense Authorization Act for Fiscal Year 2006 
(Public Law 109-163; 119 Stat. 3456) unless the Secretary of State has 
previously justified such program to the Committees on Appropriations: 
Provided further, That funds appropriated or otherwise made available by 
this paragraph shall be nonrepayable notwithstanding any requirement in 
section 23 of the Arms Export Control

[[Page 123 STAT. 856]]

Act: Provided further, That funds made available under this paragraph 
shall be obligated upon apportionment in accordance with paragraph 
(5)(C) of title 31, United States Code, section 1501(a).

    None of the funds made available under this heading shall be 
available to finance the procurement of defense articles, defense 
services, or design and construction services that are not sold by the 
United States Government under the Arms Export Control Act unless the 
foreign country proposing to make such procurements has first signed an 
agreement with the United States Government specifying the conditions 
under which such procurements may be financed with such 
funds: <<NOTE: Notification.>>  Provided, That all country and funding 
level increases in allocations shall be submitted through the regular 
notification procedures of section 7015 of this Act: <<NOTE: Foreign 
countries. Notification.>>  Provided further, That none of the funds 
appropriated under this heading may be made available for assistance for 
Nepal, Sri Lanka, Pakistan, Bangladesh, Philippines, Indonesia, Bosnia 
and Herzegovina, Haiti, Guatemala, Ethiopia, and the Democratic Republic 
of the Congo except pursuant to the regular notification procedures of 
the Committees on Appropriations: Provided further, That funds made 
available under this heading may be used, notwithstanding any other 
provision of law, for demining, the clearance of unexploded ordnance, 
and related activities, and may include activities implemented through 
nongovernmental and international organizations: Provided further, That 
only those countries for which assistance was justified for the 
``Foreign Military Sales Financing Program'' in the fiscal year 1989 
congressional presentation for security assistance programs may utilize 
funds made available under this heading for procurement of defense 
articles, defense services or design and construction services that are 
not sold by the United States Government under the Arms Export Control 
Act: Provided further, That funds appropriated under this heading shall 
be expended at the minimum rate necessary to make timely payment for 
defense articles and services: <<NOTE: Notification.>>  Provided 
further, That not more than $51,420,000 of the funds appropriated under 
this heading may be obligated for necessary expenses, including the 
purchase of passenger motor vehicles for replacement only for use 
outside of the United States, for the general costs of administering 
military assistance and sales, except that this limitation may be 
exceeded only through the regular notification procedures of the 
Committees on Appropriations: Provided further, That of the funds 
appropriated under this heading for general costs of administering 
military assistance and sales, not to exceed $4,000 shall be available 
for entertainment expenses and not to exceed $130,000 shall be available 
for representation allowances: <<NOTE: Notification.>>  Provided 
further, That not more than $470,000,000 of funds realized pursuant to 
section 21(e)(1)(A) of the Arms Export Control Act may be obligated for 
expenses incurred by the Department of Defense during fiscal year 2009 
pursuant to section 43(b) of the Arms Export Control Act, except that 
this limitation may be exceeded only through the regular notification 
procedures of the Committees on 
Appropriations: <<NOTE: Egypt. Deadline.>>  Provided further, That funds 
appropriated under this heading estimated to be outlayed for Egypt 
during fiscal year 2009 shall be transferred to an interest bearing 
account for Egypt in the Federal Reserve Bank of New York within 30 days 
of enactment of this Act.

[[Page 123 STAT. 857]]

                                 TITLE V

                         MULTILATERAL ASSISTANCE

                   Funds Appropriated to the President


                international organizations and programs


    For necessary expenses to carry out the provisions of section 301 of 
the Foreign Assistance Act of 1961, and of section 2 of the United 
Nations Environment Program Participation Act of 1973, $352,500,000: 
Provided, That section 307(a) of the Foreign Assistance Act of 1961 
shall not apply to contributions to the United Nations Democracy Fund.

                  international financial institutions

                       global environment facility

    For the United States contribution for the Global Environment 
Facility, $80,000,000, to the International Bank for Reconstruction and 
Development as trustee for the Global Environment Facility, by the 
Secretary of the Treasury, to remain available until expended.


        contribution to the international development association


    For payment to the International Development Association by the 
Secretary of the Treasury, $1,115,000,000, to remain available until 
expended.


Contribution to the Enterprise for the Americas Multilateral Investment 
                                  Fund


    For payment to the Enterprise for the Americas Multilateral 
Investment Fund by the Secretary of the Treasury, for the United States 
contribution to the fund, $25,000,000, to remain available until 
expended.


               contribution to the asian development fund


    For the United States contribution by the Secretary of the Treasury 
to the increase in resources of the Asian Development Fund, as 
authorized by the Asian Development Bank Act, as amended, $105,000,000, 
to remain available until expended.


              contribution to the african development fund


    For the United States contribution by the Secretary of the Treasury 
to the increase in resources of the African Development Fund, 
$150,000,000, to remain available until expended.

   contribution to the international fund for agricultural development

    For the United States contribution by the Secretary of the Treasury 
to increase the resources of the International Fund for Agricultural 
Development, $18,000,000, to remain available until expended.

[[Page 123 STAT. 858]]

                                TITLE VI

                    EXPORT AND INVESTMENT ASSISTANCE

                 Export-Import Bank of the United States


                            INSPECTOR GENERAL


    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $2,500,000, to remain available until September 30, 2010.


                             program account


    The Export-Import Bank of the United States is authorized to make 
such expenditures within the limits of funds and borrowing authority 
available to such corporation, and in accordance with law, and to make 
such contracts and commitments without regard to fiscal year 
limitations, as provided by section 104 of the Government Corporation 
Control Act, as may be necessary in carrying out the program for the 
current fiscal year for such corporation: Provided, That none of the 
funds available during the current fiscal year may be used to make 
expenditures, contracts, or commitments for the export of nuclear 
equipment, fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or 
military assistance under this Act, that has detonated a nuclear 
explosive after the date of the enactment of this Act: <<NOTE: 12 USC 
635 note.>>  Provided further, That notwithstanding section 1(c) of 
Public Law 103-428, as amended, sections 1(a) and (b) of Public Law 103-
428 shall remain in effect through October 1, 2009: Provided further, 
That not less than 10 percent of the aggregate loan, guarantee, and 
insurance authority available to the Export-Import Bank under this Act 
should be used for renewable energy technologies or energy efficient 
end-use technologies.

                          subsidy appropriation

    For the cost of direct loans, loan guarantees, insurance, and tied-
aid grants as authorized by section 10 of the Export-Import Bank Act of 
1945, as amended, not to exceed $41,000,000: Provided, That such costs, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974: Provided further, 
That such funds shall remain available until September 30, 2024, for the 
disbursement of direct loans, loan guarantees, insurance and tied-aid 
grants obligated in fiscal years 2009, 2010, 2011, and 
2012: <<NOTE: Notification.>>  Provided further, That none of the funds 
appropriated by this Act or any prior Acts appropriating funds for the 
Department of State, foreign operations, and related programs for tied-
aid credits or grants may be used for any other purpose except through 
the regular notification procedures of the Committees on Appropriations: 
Provided further, That funds appropriated by this paragraph are made 
available notwithstanding section 2(b)(2) of the Export-Import Bank Act 
of 1945, in connection with the purchase or lease of any product by any 
Eastern European country, any Baltic State or any agency or national 
thereof.

[[Page 123 STAT. 859]]

                         administrative expenses


    For administrative expenses to carry out the direct and guaranteed 
loan and insurance programs, including hire of passenger motor vehicles 
and services as authorized by 5 U.S.C. 3109, and not to exceed $30,000 
for official reception and representation expenses for members of the 
Board of Directors, not to exceed $81,500,000: Provided, That the 
Export-Import Bank may accept, and use, payment or services provided by 
transaction participants for legal, financial, or technical services in 
connection with any transaction for which an application for a loan, 
guarantee or insurance commitment has been made: <<NOTE: 12 USC 635a 
note.>>  Provided further, That notwithstanding subsection (b) of 
section 117 of the Export Enhancement Act of 1992, subsection (a) 
thereof shall remain in effect until October 1, 2009.

                           receipts collected

    Receipts collected pursuant to the Export-Import Bank Act of 1945, 
as amended, and the Federal Credit Reform Act of 1990, as amended, in an 
amount not to exceed the amount appropriated herein, shall be credited 
as offsetting collections to this account: Provided, That the sums 
herein appropriated from the General Fund shall be reduced on a dollar-
for-dollar basis by such offsetting collections so as to result in a 
final fiscal year appropriation from the General Fund estimated at $0: 
Provided further, That of amounts collected in fiscal year 2009 in 
excess of obligations, up to $75,000,000, shall become available on 
September 1, 2009 and shall remain available until September 30, 2012.

                 Overseas Private Investment Corporation


                            noncredit account


    The Overseas Private Investment Corporation is authorized to make, 
without regard to fiscal year limitations, as provided by 31 U.S.C. 
9104, such expenditures and commitments within the limits of funds 
available to it and in accordance with law as may be necessary: 
Provided, That the amount available for administrative expenses to carry 
out the credit and insurance programs (including an amount for official 
reception and representation expenses which shall not exceed $35,000) 
shall not exceed $50,600,000: Provided further, That project-specific 
transaction costs, including direct and indirect costs incurred in 
claims settlements, and other direct costs associated with services 
provided to specific investors or potential investors pursuant to 
section 234 of the Foreign Assistance Act of 1961, shall not be 
considered administrative expenses for the purposes of this heading.


                             program account


    For the cost of direct and guaranteed loans, $29,000,000, as 
authorized by section 234 of the Foreign Assistance Act of 1961, to be 
derived by transfer from the Overseas Private Investment Corporation 
Noncredit Account: Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974: Provided further, That such sums shall 
be available for direct loan obligations and

[[Page 123 STAT. 860]]

loan guaranty commitments incurred or made during fiscal years 2009, 
2010, and 2011: Provided further, That funds so obligated in fiscal year 
2009 remain available for disbursement through 2017; funds obligated in 
fiscal year 2010 remain available for disbursement through 2018; and 
funds obligated in fiscal year 2011 remain available for disbursement 
through 2019: Provided further, That notwithstanding any other provision 
of law, the Overseas Private Investment Corporation is authorized to 
undertake any program authorized by title IV of the Foreign Assistance 
Act of 1961 in Iraq: <<NOTE: Notification.>>  Provided further, That 
funds made available pursuant to the authority of the previous proviso 
shall be subject to the regular notification procedures of the 
Committees on Appropriations.

    In addition, such sums as may be necessary for administrative 
expenses to carry out the credit program may be derived from amounts 
available for administrative expenses to carry out the credit and 
insurance programs in the Overseas Private Investment Corporation 
Noncredit Account and merged with said account.

                   Funds Appropriated to the President


                      trade and development agency


    For necessary expenses to carry out the provisions of section 661 of 
the Foreign Assistance Act of 1961, $50,800,000, to remain available 
until September 30, 2010.

                                TITLE VII

                           GENERAL PROVISIONS

                      allowances and differentials

    Sec. 7001. Funds appropriated under title I of this Act shall be 
available, except as otherwise provided, for allowances and 
differentials as authorized by subchapter 59 of title 5, United States 
Code; for services as authorized by 5 U.S.C. 3109; and for hire of 
passenger transportation pursuant to 31 U.S.C. 1343(b).


                       unobligated balances report


    Sec. 7002. Any Department or Agency to which funds are appropriated 
or otherwise made available by this Act shall provide to the Committees 
on Appropriations a quarterly accounting of cumulative balances by 
program, project, and activity of the funds received by such Department 
or Agency in this fiscal year or any previous fiscal year that remain 
unobligated and unexpended.


                           consulting services


    Sec. 7003. <<NOTE: Contracts.>>  The expenditure of any 
appropriation under title I of this Act for any consulting service 
through procurement contract, pursuant to 5 U.S.C. 3109, shall be 
limited to those contracts where such expenditures are a matter of 
public record and available for public inspection, except where 
otherwise provided under existing law, or under existing Executive order 
issued pursuant to existing law.

[[Page 123 STAT. 861]]

                          embassy construction

    Sec. 7004. (a) Of funds provided under title I of this Act, except 
as provided in subsection (b), a project to construct a diplomatic 
facility of the United States may not include office space or other 
accommodations for an employee of a Federal agency or department if the 
Secretary of State determines that such department or agency has not 
provided to the Department of State the full amount of funding required 
by subsection (e) of section 604 of the Secure Embassy Construction and 
Counterterrorism Act of 1999 (as enacted into law by section 1000(a)(7) 
of Public Law 106-113 and contained in appendix G of that Act; 113 Stat. 
1501A-453), as amended by section 629 of the Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies Appropriations 
Act, 2005.
    (b) Notwithstanding the prohibition in subsection (a), a project to 
construct a diplomatic facility of the United States may include office 
space or other accommodations for members of the United States Marine 
Corps.


                            Personnel Actions


    Sec. 7005. Any costs incurred by a department or agency funded under 
title I of this Act resulting from personnel actions taken in response 
to funding reductions included in this Act shall be absorbed within the 
total budgetary resources available under title I to such department or 
agency: Provided, That the authority to transfer funds between 
appropriations accounts as may be necessary to carry out this section is 
provided in addition to authorities included elsewhere in this Act: 
Provided further, That use of funds to carry out this section shall be 
treated as a reprogramming of funds under section 7015 of this Act and 
shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.


                         CONSULAR AFFAIRS REFORM


    Sec. 7006. <<NOTE: Deadline. Certification. Reports.>>  Not later 
than 60 days after the enactment of this Act the Secretary of State 
shall certify and report to the Committees on Appropriations that the 
Department of State is implementing recommendations contained in the 
Office of Inspector General audit ``Review of Controls and Notification 
for Access to Passport Records in the Department of State's Passport 
Information Electronic Records System (PIERS)'' (AUD/IP-08-29), July 
2008.

        prohibition against direct funding for certain countries

    Sec. 7007. None of the funds appropriated or otherwise made 
available pursuant to titles III through VI of this Act shall be 
obligated or expended to finance directly any assistance or reparations 
for the governments of Cuba, North Korea, Iran, or Syria: Provided, That 
for purposes of this section, the prohibition on obligations or 
expenditures shall include direct loans, credits, insurance and 
guarantees of the Export-Import Bank or its agents.


                             military coups


    Sec. 7008. None of the funds appropriated or otherwise made 
available pursuant to titles III through VI of this Act shall be

[[Page 123 STAT. 862]]

obligated or expended to finance directly any assistance to the 
government of any country whose duly elected head of government is 
deposed by military coup or 
decree: <<NOTE: President. Determination. Certification.>>  Provided, 
That assistance may be resumed to such government if the President 
determines and certifies to the Committees on Appropriations that 
subsequent to the termination of assistance a democratically elected 
government has taken office: Provided further, That the provisions of 
this section shall not apply to assistance to promote democratic 
elections or public participation in democratic 
processes: <<NOTE: Notification.>>  Provided further, That funds made 
available pursuant to the previous provisos shall be subject to the 
regular notification procedures of the Committees on Appropriations.


                           transfer authority


    Sec. 7009. (a) Department of State and Broadcasting Board of 
Governors.--Not to exceed 5 percent of any appropriation made available 
for the current fiscal year for the Department of State under title I of 
this Act may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided, That 
not to exceed 5 percent of any appropriation made available for the 
current fiscal year for the Broadcasting Board of Governors under title 
I of this Act may be transferred between such appropriations, but no 
such appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided 
further, That any transfer pursuant to this section shall be treated as 
a reprogramming of funds under section 7015(a) and (b) of this Act and 
shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.
    (b) Export Financing Transfer Authorities.--Not to exceed 5 percent 
of any appropriation other than for administrative expenses made 
available for fiscal year 2009, for programs under title VI of this Act 
may be transferred between such appropriations for use for any of the 
purposes, programs, and activities for which the funds in such receiving 
account may be used, but no such appropriation, except as otherwise 
specifically provided, shall be increased by more than 25 percent by any 
such transfer: <<NOTE: Notification.>>  Provided, That the exercise of 
such authority shall be subject to the regular notification procedures 
of the Committees on Appropriations.

    (c)(1) Limitation on Transfers Between Agencies.--None of the funds 
made available under titles II through V of this Act may be transferred 
to any department, agency, or instrumentality of the United States 
Government, except pursuant to a transfer made by, or transfer authority 
provided in, this Act or any other appropriation Act.
    (2) Notwithstanding paragraph (1), in addition to transfers made by, 
or authorized elsewhere in, this Act, funds appropriated by this Act to 
carry out the purposes of the Foreign Assistance Act of 1961 may be 
allocated or transferred to agencies of the United States Government 
pursuant to the provisions of sections 109, 610, and 632 of the Foreign 
Assistance Act of 1961.
    (d) Transfers Between Accounts.--
None <<NOTE: President. Notification.>>  of the funds made available 
under titles II through V of this Act may be obligated under an 
appropriation account to which they were not appropriated, except for 
transfers specifically provided for in this Act, unless the President 
provides notification in accordance with the

[[Page 123 STAT. 863]]

regular notification procedures of the Committees on Appropriations.

    (e) Audit of Inter-Agency Transfers.--Any agreement for the transfer 
or allocation of funds appropriated by this Act, or prior Acts, entered 
into between the United States Agency for International Development and 
another agency of the United States Government under the authority of 
section 632(a) of the Foreign Assistance Act of 1961 or any comparable 
provision of law, shall expressly provide that the Office of the 
Inspector General for the agency receiving the transfer or allocation of 
such funds shall perform periodic program and financial audits of the 
use of such funds: Provided, That funds transferred under such authority 
may be made available for the cost of such audits.


                          reporting requirement


    Sec. 7010. The Secretary of State shall provide the Committees on 
Appropriations, not later than April 1, 2009, and for each fiscal 
quarter, a report in writing on the uses of funds made available under 
the headings ``Foreign Military Financing Program'', ``International 
Military Education and Training'', and ``Peacekeeping Operations'': 
Provided, That such report shall include a description of the obligation 
and expenditure of funds, and the specific country in receipt of, and 
the use or purpose of the assistance provided by such funds.


                          availability of funds


    Sec. 7011. No part of any appropriation contained in this Act shall 
remain available for obligation after the expiration of the current 
fiscal year unless expressly so provided in this Act: Provided, That 
funds appropriated for the purposes of chapters 1, 8, 11, and 12 of part 
I, section 661, section 667, chapters 4, 5, 6, 8, and 9 of part II of 
the Foreign Assistance Act of 1961, section 23 of the Arms Export 
Control Act, and funds provided under the headings ``Assistance for 
Europe, Eurasia and Central Asia'' and ``Development Credit Authority'', 
shall remain available for an additional 4 years from the date on which 
the availability of such funds would otherwise have expired, if such 
funds are initially obligated before the expiration of their respective 
periods of availability contained in this Act: Provided further, That, 
notwithstanding any other provision of this Act, any funds made 
available for the purposes of chapter 1 of part I and chapter 4 of part 
II of the Foreign Assistance Act of 1961 which are allocated or 
obligated for cash disbursements in order to address balance of payments 
or economic policy reform objectives, shall remain available until 
expended.


            limitation on assistance to countries in default


    Sec. 7012. <<NOTE: President. Determination. Consultation.>>  No 
part of any appropriation provided under titles III through VI in this 
Act shall be used to furnish assistance to the government of any country 
which is in default during a period in excess of one calendar year in 
payment to the United States of principal or interest on any loan made 
to the government of such country by the United States pursuant to a 
program for which funds are appropriated under this Act unless the 
President

[[Page 123 STAT. 864]]

determines, following consultations with the Committees on 
Appropriations, that assistance to such country is in the national 
interest of the United States.


           prohibition on taxation of united states assistance


    Sec. 7013. (a) Prohibition on Taxation.--None of the funds 
appropriated under titles III through VI of this Act may be made 
available to provide assistance for a foreign country under a new 
bilateral agreement governing the terms and conditions under which such 
assistance is to be provided unless such agreement includes a provision 
stating that assistance provided by the United States shall be exempt 
from taxation, or reimbursed, by the foreign government, and the 
Secretary of State shall expeditiously seek to negotiate amendments to 
existing bilateral agreements, as necessary, to conform with this 
requirement.
    (b) Reimbursement of Foreign Taxes.--An amount equivalent to 200 
percent of the total taxes assessed during fiscal year 2009 on funds 
appropriated by this Act by a foreign government or entity against 
commodities financed under United States assistance programs for which 
funds are appropriated by this Act, either directly or through grantees, 
contractors and subcontractors shall be withheld from obligation from 
funds appropriated for assistance for fiscal year 2010 and allocated for 
the central government of such country and for the West Bank and Gaza 
program to the extent that the Secretary of State certifies and reports 
in writing to the Committees on Appropriations that such taxes have not 
been reimbursed to the Government of the United States.
    (c) De Minimis Exception.--Foreign taxes of a de minimis nature 
shall not be subject to the provisions of subsection (b).
    (d) Reprogramming of Funds.--Funds withheld from obligation for each 
country or entity pursuant to subsection (b) shall be reprogrammed for 
assistance to countries which do not assess taxes on United States 
assistance or which have an effective arrangement that is providing 
substantial reimbursement of such taxes.
    (e) Determinations.--
            (1) The provisions of this section shall not apply to any 
        country or entity the Secretary of State determines--
                    (A) does not assess taxes on United States 
                assistance or which has an effective arrangement that is 
                providing substantial reimbursement of such taxes; or
                    (B) the foreign policy interests of the United 
                States outweigh the purpose of this section to ensure 
                that United States assistance is not subject to 
                taxation.
            (2) The Secretary of State shall consult with the Committees 
        on Appropriations at least 15 days prior to exercising the 
        authority of this subsection with regard to any country or 
        entity.

    (f) Implementation.--The <<NOTE: Regulations.>>  Secretary of State 
shall issue rules, regulations, or policy guidance, as appropriate, to 
implement the prohibition against the taxation of assistance contained 
in this section.

    (g) Definitions.--As used in this section--
            (1) the terms ``taxes'' and ``taxation'' refer to value 
        added taxes and customs duties imposed on commodities financed 
        with United States assistance for programs for which funds are 
        appropriated by this Act; and

[[Page 123 STAT. 865]]

            (2) the term ``bilateral agreement'' refers to a framework 
        bilateral agreement between the Government of the United States 
        and the government of the country receiving assistance that 
        describes the privileges and immunities applicable to United 
        States foreign assistance for such country generally, or an 
        individual agreement between the Government of the United States 
        and such government that describes, among other things, the 
        treatment for tax purposes that will be accorded the United 
        States assistance provided under that agreement.

                          reservations of funds

    Sec. 7014. (a) Funds appropriated under titles II through VI of this 
Act which are specifically designated may be reprogrammed for other 
programs within the same account notwithstanding the designation if 
compliance with the designation is made impossible by operation of any 
provision of this or any other Act: <<NOTE: Notification.>>  Provided, 
That any such reprogramming shall be subject to the regular notification 
procedures of the Committees on Appropriations: Provided further, That 
assistance that is reprogrammed pursuant to this subsection shall be 
made available under the same terms and conditions as originally 
provided.

    (b) In <<NOTE: Determination. Reports.>>  addition to the authority 
contained in subsection (a), the original period of availability of 
funds appropriated by this Act and administered by the United States 
Agency for International Development that are specifically designated 
for particular programs or activities by this or any other Act shall be 
extended for an additional fiscal year if the Administrator of such 
agency determines and reports promptly to the Committees on 
Appropriations that the termination of assistance to a country or a 
significant change in circumstances makes it unlikely that such 
designated funds can be obligated during the original period of 
availability: Provided, That such designated funds that continue to be 
available for an additional fiscal year shall be obligated only for the 
purpose of such designation.

    (c) Ceilings and specifically designated funding levels contained in 
this Act shall not be applicable to funds or authorities appropriated or 
otherwise made available by any subsequent Act unless such Act 
specifically so directs: Provided, That specifically designated funding 
levels or minimum funding requirements contained in any other Act shall 
not be applicable to funds appropriated by this Act.


                 reprogramming notification requirements


    Sec. 7015. <<NOTE: Deadlines.>>  (a) None of the funds made 
available in title I of this Act, or in prior appropriations Acts to the 
agencies and departments funded by this Act that remain available for 
obligation or expenditure in fiscal year 2009, or provided from any 
accounts in the Treasury of the United States derived by the collection 
of fees or of currency reflows or other offsetting collections, or made 
available by transfer, to the agencies and departments funded by this 
Act, shall be available for obligation or expenditure through a 
reprogramming of funds that: (1) creates new programs; (2) eliminates a 
program, project, or activity; (3) increases funds or personnel by any 
means for any project or activity for which funds have been denied or 
restricted; (4) relocates an office or employees; (5) closes or opens a 
mission or post; (6) reorganizes or renames offices;

[[Page 123 STAT. 866]]

(7) reorganizes programs or activities; or (8) contracts out or 
privatizes any functions or activities presently performed by Federal 
employees; unless the Committees on Appropriations are notified 15 days 
in advance of such reprogramming of funds.

    (b) For the purposes of providing the executive branch with the 
necessary administrative flexibility, none of the funds provided under 
title I of this Act, or provided under previous appropriations Acts to 
the agency or department funded under title I of this Act that remain 
available for obligation or expenditure in fiscal year 2009, or provided 
from any accounts in the Treasury of the United States derived by the 
collection of fees available to the agency or department funded by title 
I of this Act, shall be available for obligation or expenditure for 
activities, programs, or projects through a reprogramming of funds in 
excess of $750,000 or 10 percent, whichever is less, that: (1) augments 
existing programs, projects, or activities; (2) reduces by 10 percent 
funding for any existing program, project, or activity, or numbers of 
personnel by 10 percent as approved by Congress; or (3) results from any 
general savings, including savings from a reduction in personnel, which 
would result in a change in existing programs, activities, or projects 
as approved by Congress; unless the Committees on Appropriations are 
notified 15 days in advance of such reprogramming of funds.
    (c) For the purposes of providing the executive branch with the 
necessary administrative flexibility, none of the funds made available 
under titles II through V in this Act under the headings ``Global Health 
and Child Survival'', ``Development Assistance'', ``International 
Organizations and Programs'', ``Trade and Development Agency'', 
``International Narcotics Control and Law Enforcement'', ``Andean 
Counterdrug Programs'', ``Assistance for Europe, Eurasia and Central 
Asia'', ``Economic Support Fund'', ``Democracy Fund'', ``Peacekeeping 
Operations'', ``Capital Investment Fund'', ``Operating Expenses'', 
``Office of Inspector General'', ``Nonproliferation, Anti-terrorism, 
Demining and Related Programs'', ``Millennium Challenge Corporation'', 
``Foreign Military Financing Program'', ``International Military 
Education and Training'', ``Peace Corps'', and ``Migration and Refugee 
Assistance'', shall be available for obligation for activities, 
programs, projects, type of materiel assistance, countries, or other 
operations not justified or in excess of the amount justified to the 
Committees on Appropriations for obligation under any of these specific 
headings unless the Committees on Appropriations are previously notified 
15 days in advance: Provided, That <<NOTE: President.>>  the President 
shall not enter into any commitment of funds appropriated for the 
purposes of section 23 of the Arms Export Control Act for the provision 
of major defense equipment, other than conventional ammunition, or other 
major defense items defined to be aircraft, ships, missiles, or combat 
vehicles, not previously justified to Congress or 20 percent in excess 
of the quantities justified to Congress unless the Committees on 
Appropriations are notified 15 days in advance of such commitment: 
Provided further, That this subsection shall not apply to any 
reprogramming for an activity, program, or project for which funds are 
appropriated under titles II through IV of this Act of less than 10 
percent of the amount previously justified to the Congress for 
obligation for such activity, program, or project for the current fiscal 
year.

    (d) Notwithstanding <<NOTE: Audits.>>  any other provision of law, 
funds transferred by the Department of Defense to the Department of 
State and the United States Agency for International Development, and

[[Page 123 STAT. 867]]

funds made available for programs authorized by section 1206 of the 
National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-
163), shall be subject to the regular notification procedures of the 
Committees on Appropriations, and the agency receiving the transfer or 
allocation shall perform periodic program financial audits of the use of 
such funds and such funds may be made available for the cost of such 
audits.

    (e) The <<NOTE: Waiver authority.>>  requirements of this section or 
any similar provision of this Act or any other Act, including any prior 
Act requiring notification in accordance with the regular notification 
procedures of the Committees on Appropriations, may be waived if failure 
to do so would pose a substantial risk to human health or welfare: 
Provided, That in case of any such waiver, notification to the Congress, 
or the appropriate congressional committees, shall be provided as early 
as practicable, but in no event later than 3 days after taking the 
action to which such notification requirement was applicable, in the 
context of the circumstances necessitating such 
waiver: <<NOTE: Explanation.>>  Provided further, That any notification 
provided pursuant to such a waiver shall contain an explanation of the 
emergency circumstances.

    (f) None <<NOTE: Foreign countries.>>  of the funds appropriated 
under titles III through VI of this Act shall be obligated or expended 
for assistance for Serbia, Sudan, Zimbabwe, Pakistan, Dominican 
Republic, Cuba, Iran, Haiti, Libya, Ethiopia, Nepal, Mexico, or Cambodia 
and countries listed in section 7045(f)(4) of this Act except as 
provided through the regular notification procedures of the Committees 
on Appropriations.


                notification on excess defense equipment


    Sec. 7016. Prior to providing excess Department of Defense articles 
in accordance with section 516(a) of the Foreign Assistance Act of 1961, 
the Department of Defense shall notify the Committees on Appropriations 
to the same extent and under the same conditions as other committees 
pursuant to subsection (f) of that section: Provided, That before 
issuing a letter of offer to sell excess defense articles under the Arms 
Export Control Act, the Department of Defense shall notify the 
Committees on Appropriations in accordance with the regular notification 
procedures of such Committees if such defense articles are significant 
military equipment (as defined in section 47(9) of the Arms Export 
Control Act) or are valued (in terms of original acquisition cost) at 
$7,000,000 or more, or if notification is required elsewhere in this Act 
for the use of appropriated funds for specific countries that would 
receive such excess defense articles: Provided further, That such 
Committees shall also be informed of the original acquisition cost of 
such defense articles.

limitation on availability of funds for international organizations and 
                                programs

    Sec. 7017. <<NOTE: Notification.>>  Subject to the regular 
notification procedures of the Committees on Appropriations, funds 
appropriated under titles III through VI of this Act or any previously 
enacted Act making appropriations for the Department of State, foreign 
operations, and related programs, which are returned or not made 
available for

[[Page 123 STAT. 868]]

organizations and programs because of the implementation of section 
307(a) of the Foreign Assistance Act of 1961, shall remain available for 
obligation until September 30, 2010.

   prohibition on funding for abortions and involuntary sterilization

    Sec. 7018. None of the funds made available to carry out part I of 
the Foreign Assistance Act of 1961, as amended, may be used to pay for 
the performance of abortions as a method of family planning or to 
motivate or coerce any person to practice abortions. None of the funds 
made available to carry out part I of the Foreign Assistance Act of 
1961, as amended, may be used to pay for the performance of involuntary 
sterilization as a method of family planning or to coerce or provide any 
financial incentive to any person to undergo sterilizations. None of the 
funds made available to carry out part I of the Foreign Assistance Act 
of 1961, as amended, may be used to pay for any biomedical research 
which relates in whole or in part, to methods of, or the performance of, 
abortions or involuntary sterilization as a means of family planning. 
None <<NOTE: President. Certification.>>  of the funds made available to 
carry out part I of the Foreign Assistance Act of 1961, as amended, may 
be obligated or expended for any country or organization if the 
President certifies that the use of these funds by any such country or 
organization would violate any of the above provisions related to 
abortions and involuntary sterilizations.


                               allocations


    Sec. 7019. (a) Funds provided in this Act for the following accounts 
shall be made available for programs and countries in the amounts 
contained in the respective tables included in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act):
            ``Educational and Cultural Exchange Programs''.
            ``International Fisheries Commissions''.
            ``International Broadcasting Operations''.
            ``Global Health and Child Survival''.
            ``Development Assistance''.
            ``Economic Support Fund''.
            ``Assistance for Europe, Eurasia and Central Asia''.
            ``Andean Counterdrug Programs''.
            ``Nonproliferation, Anti-terrorism, Demining and Related 
        Programs''.
            ``Foreign Military Financing Program''.
            ``International Organizations and Programs''.

    (b) For <<NOTE: Notification.>>  the purposes of implementing this 
section and only with respect to the tables included in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act), the Secretary of State, Administrator of the 
United States Agency for International Development and the Broadcasting 
Board of Governors, as appropriate, may propose deviations to the 
amounts referenced in subsection (a), subject to the regular 
notification procedures of the Committees on Appropriations and section 
634A of the Foreign Assistance Act of 1961.

    (c) The requirements contained in subsection (a) shall apply to the 
table under the headings ``Bilateral Economic Assistance'' and ``General 
Provisions'' in such explanatory statement.

[[Page 123 STAT. 869]]

               prohibition of payment of certain expenses


    Sec. 7020. None of the funds appropriated or otherwise made 
available by this Act under the headings ``International Military 
Education and Training'' or ``Foreign Military Financing Program'' for 
Informational Program activities or under the headings ``Global Health 
and Child Survival'', ``Development Assistance'', and ``Economic Support 
Fund'' may be obligated or expended to pay for--
            (1) alcoholic beverages; or
            (2) entertainment expenses for activities that are 
        substantially of a recreational character, including but not 
        limited to entrance fees at sporting events, theatrical and 
        musical productions, and amusement parks.

  prohibition on assistance to foreign governments that export lethal 
   military equipment to countries supporting international terrorism

    Sec. 7021. <<NOTE: President.>>  (a) None of the funds appropriated 
or otherwise made available by titles III through VI of this Act may be 
available to any foreign government which provides lethal military 
equipment to a country the government of which the Secretary of State 
has determined is a government that supports international terrorism for 
purposes of section 6(j) of the Export Administration Act of 
1979. <<NOTE: Termination date.>>  The prohibition under this section 
with respect to a foreign government shall terminate 12 months after 
that government ceases to provide such military 
equipment. <<NOTE: Applicability.>>  This section applies with respect 
to lethal military equipment provided under a contract entered into 
after October 1, 1997.

    (b) Assistance <<NOTE: Determination.>>  restricted by subsection 
(a) or any other similar provision of law, may be furnished if the 
President determines that furnishing such assistance is important to the 
national interests of the United States.

    (c) Whenever <<NOTE: Reports.>>  the President makes a determination 
pursuant to subsection (b), the President shall submit to the 
appropriate congressional committees a report with respect to the 
furnishing of such assistance. Any such report shall include a detailed 
explanation of the assistance to be provided, including the estimated 
dollar amount of such assistance, and an explanation of how the 
assistance furthers United States national interests.


       prohibition on bilateral assistance to terrorist countries


    Sec. 7022. <<NOTE: President. Determination.>>  (a) Funds 
appropriated for bilateral assistance under any heading in titles III 
through VI of this Act and funds appropriated under any such heading in 
a provision of law enacted prior to the enactment of this Act, shall not 
be made available to any country which the President determines--
            (1) grants sanctuary from prosecution to any individual or 
        group which has committed an act of international terrorism; or
            (2) otherwise supports international terrorism.

    (b) The <<NOTE: Waiver authority. Determination. Federal Register, 
publication. Deadline. Notification.>>  President may waive the 
application of subsection (a) to a country if the President determines 
that national security or humanitarian reasons justify such waiver. The 
President shall publish each waiver in the Federal Register and, at 
least 15 days before the waiver takes effect, shall notify the 
Committees on Appropriations of the waiver (including the justification 
for the waiver)

[[Page 123 STAT. 870]]

in accordance with the regular notification procedures of the Committees 
on Appropriations.

                       authorization requirements

    Sec. 7023. Funds appropriated by this Act, except funds appropriated 
under the heading ``Trade and Development Agency'', may be obligated and 
expended notwithstanding section 10 of Public Law 91-672, section 15 of 
the State Department Basic Authorities Act of 1956, section 313 of the 
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public 
Law 103-236), and section 504(a)(1) of the National Security Act of 1947 
(50 U.S.C. 414(a)(1)).


              definition of program, project, and activity


    Sec. 7024. <<NOTE: Reports. Deadline.>>  For the purpose of titles 
II through VI of this Act ``program, project, and activity'' shall be 
defined at the appropriations Act account level and shall include all 
appropriations and authorizations Acts funding directives, ceilings, and 
limitations with the exception that for the following accounts: 
``Economic Support Fund'' and ``Foreign Military Financing Program'', 
``program, project, and activity'' shall also be considered to include 
country, regional, and central program level funding within each such 
account; for the development assistance accounts of the United States 
Agency for International Development ``program, project, and activity'' 
shall also be considered to include central, country, regional, and 
program level funding, either as: (1) justified to the Congress; or (2) 
allocated by the executive branch in accordance with a report, to be 
provided to the Committees on Appropriations within 30 days of the 
enactment of this Act, as required by section 653(a) of the Foreign 
Assistance Act of 1961.


 authorities for the peace corps, inter-american foundation and african 
                         development foundation


    Sec. 7025. Unless expressly provided to the contrary, provisions of 
this or any other Act, including provisions contained in prior Acts 
authorizing or making appropriations for the Department of State, 
foreign operations, and related programs, shall not be construed to 
prohibit activities authorized by or conducted under the Peace Corps 
Act, the Inter-American Foundation Act or the African Development 
Foundation Act. <<NOTE: Reports.>>  The agency shall promptly report to 
the Committees on Appropriations whenever it is conducting activities or 
is proposing to conduct activities in a country for which assistance is 
prohibited.

                 commerce, trade and surplus commodities

    Sec. 7026. (a) None of the funds appropriated or made available 
pursuant to titles III through VI of this Act for direct assistance and 
none of the funds otherwise made available to the Export-Import Bank and 
the Overseas Private Investment Corporation shall be obligated or 
expended to finance any loan, any assistance or any other financial 
commitments for establishing or expanding production of any commodity 
for export by any country other than the United States, if the commodity 
is likely to be in surplus on world markets at the time the resulting 
productive capacity is expected to become operative and if the 
assistance will cause

[[Page 123 STAT. 871]]

substantial injury to United States producers of the same, similar, or 
competing commodity: Provided, That such prohibition shall not apply to 
the Export-Import Bank if in the judgment of its Board of Directors the 
benefits to industry and employment in the United States are likely to 
outweigh the injury to United States producers of the same, similar, or 
competing commodity, and the Chairman of the Board so notifies the 
Committees on Appropriations.
    (b) None of the funds appropriated by this or any other Act to carry 
out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be 
available for any testing or breeding feasibility study, variety 
improvement or introduction, consultancy, publication, conference, or 
training in connection with the growth or production in a foreign 
country of an agricultural commodity for export which would compete with 
a similar commodity grown or produced in the United States: Provided, 
That this subsection shall not prohibit--
            (1) activities designed to increase food security in 
        developing countries where such activities will not have a 
        significant impact on the export of agricultural commodities of 
        the United States; or
            (2) research activities intended primarily to benefit 
        American producers.

    (c) The <<NOTE: 22 USC 262h note.>>  Secretary of the Treasury shall 
instruct the United States Executive Directors of the International Bank 
for Reconstruction and Development, the International Development 
Association, the International Finance Corporation, the Inter-American 
Development Bank, the International Monetary Fund, the Asian Development 
Bank, the Inter-American Investment Corporation, the North American 
Development Bank, the European Bank for Reconstruction and Development, 
the African Development Bank, and the African Development Fund to use 
the voice and vote of the United States to oppose any assistance by 
these institutions, using funds appropriated or made available pursuant 
to titles III through VI of this Act, for the production or extraction 
of any commodity or mineral for export, if it is in surplus on world 
markets and if the assistance will cause substantial injury to United 
States producers of the same, similar, or competing commodity.


                            separate accounts


    Sec. 7027. <<NOTE: 22 USC 2362 note.>>  (a) Separate Accounts for 
Local Currencies.--
            (1) If assistance is furnished to the government of a 
        foreign country under chapters 1 and 10 of part I or chapter 4 
        of part II of the Foreign Assistance Act of 1961 under 
        agreements which result in the generation of local currencies of 
        that country, the Administrator of the United States Agency for 
        International Development shall--
                    (A) require that local currencies be deposited in a 
                separate account established by that government;
                    (B) enter into an agreement with that government 
                which sets forth--
                          (i) the amount of the local currencies to be 
                      generated; and
                          (ii) the terms and conditions under which the 
                      currencies so deposited may be utilized, 
                      consistent with this section; and

[[Page 123 STAT. 872]]

                    (C) establish by agreement with that government the 
                responsibilities of the United States Agency for 
                International Development and that government to monitor 
                and account for deposits into and disbursements from the 
                separate account.
            (2) Uses of local currencies.--As may be agreed upon with 
        the foreign government, local currencies deposited in a separate 
        account pursuant to subsection (a), or an equivalent amount of 
        local currencies, shall be used only--
                    (A) to carry out chapter 1 or 10 of part I or 
                chapter 4 of part II (as the case may be), for such 
                purposes as--
                          (i) project and sector assistance activities; 
                      or
                          (ii) debt and deficit financing; or
                    (B) for the administrative requirements of the 
                United States Government.
            (3) Programming accountability.--The United States Agency 
        for International Development shall take all necessary steps to 
        ensure that the equivalent of the local currencies disbursed 
        pursuant to subsection (a)(2)(A) from the separate account 
        established pursuant to subsection (a)(1) are used for the 
        purposes agreed upon pursuant to subsection (a)(2).
            (4) Termination of assistance programs.--Upon termination of 
        assistance to a country under chapter 1 or 10 of part I or 
        chapter 4 of part II (as the case may be), any unencumbered 
        balances of funds which remain in a separate account established 
        pursuant to subsection (a) shall be disposed of for such 
        purposes as may be agreed to by the government of that country 
        and the United States Government.
            (5) Reporting requirement.--The Administrator of the United 
        States Agency for International Development shall report on an 
        annual basis as part of the justification documents submitted to 
        the Committees on Appropriations on the use of local currencies 
        for the administrative requirements of the United States 
        Government as authorized in subsection (a)(2)(B), and such 
        report shall include the amount of local currency (and United 
        States dollar equivalent) used and/or to be used for such 
        purpose in each applicable country.

    (b) Separate Accounts for Cash Transfers.--
            (1) If assistance is made available to the government of a 
        foreign country, under chapter 1 or 10 of part I or chapter 4 of 
        part II of the Foreign Assistance Act of 1961, as cash transfer 
        assistance or as nonproject sector assistance, that country 
        shall be required to maintain such funds in a separate account 
        and not commingle them with any other funds.
            (2) Applicability of other provisions of law.--Such funds 
        may be obligated and expended notwithstanding provisions of law 
        which are inconsistent with the nature of this assistance 
        including provisions which are referenced in the Joint 
        Explanatory Statement of the Committee of Conference 
        accompanying House Joint Resolution 648 (House Report No. 98-
        1159).
            (3) Notification.--At least <<NOTE: Deadline. President.>>  
        15 days prior to obligating any such cash transfer or nonproject 
        sector assistance, the President shall submit a notification 
        through the regular notification procedures of the Committees on 
        Appropriations, which shall include a detailed description of 
        how the funds proposed to be made available will be used, with a 
        discussion

[[Page 123 STAT. 873]]

        of the United States interests that will be served by the 
        assistance (including, as appropriate, a description of the 
        economic policy reforms that will be promoted by such 
        assistance).
            (4) Exemption.--Nonproject sector assistance funds may be 
        exempt from the requirements of subsection (b)(1) only through 
        the notification procedures of the Committees on Appropriations.


                       eligibility for assistance


    Sec. 7028. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to 
assistance for a country shall not be construed to restrict assistance 
in support of programs of nongovernmental organizations from funds 
appropriated by this Act to carry out the provisions of chapters 1, 10, 
11, and 12 of part I and chapter 4 of part II of the Foreign Assistance 
Act of 1961, and from funds appropriated under the heading ``Assistance 
for Europe, Eurasia and Central 
Asia'': <<NOTE: President. Notification.>>  Provided, That before using 
the authority of this subsection to furnish assistance in support of 
programs of nongovernmental organizations, the President shall notify 
the Committees on Appropriations under the regular notification 
procedures of those committees, including a description of the program 
to be assisted, the assistance to be provided, and the reasons for 
furnishing such assistance: <<NOTE: Abortion. Sterilization.>>  Provided 
further, That nothing in this subsection shall be construed to alter any 
existing statutory prohibitions against abortion or involuntary 
sterilizations contained in this or any other Act.

    (b) Public Law 480.--During fiscal year 2009, restrictions contained 
in this or any other Act with respect to assistance for a country shall 
not be construed to restrict assistance under the Agricultural Trade 
Development and Assistance Act of 1954: Provided, That none of the funds 
appropriated to carry out title I of such Act and made available 
pursuant to this subsection may be obligated or expended except as 
provided through the regular notification procedures of the Committees 
on Appropriations.
    (c) Exception.--This section shall not apply--
            (1) with respect to section 620A of the Foreign Assistance 
        Act of 1961 or any comparable provision of law prohibiting 
        assistance to countries that support international terrorism; or
            (2) with respect to section 116 of the Foreign Assistance 
        Act of 1961 or any comparable provision of law prohibiting 
        assistance to the government of a country that violates 
        internationally recognized human rights.

                   impact on jobs in the united states

    Sec. 7029. None of the funds appropriated under titles III through 
VI of this Act may be obligated or expended to provide--
            (1) any financial incentive to a business enterprise 
        currently located in the United States for the purpose of 
        inducing such an enterprise to relocate outside the United 
        States if such incentive or inducement is likely to reduce the 
        number of employees of such business enterprise in the United 
        States because United States production is being replaced by 
        such enterprise outside the United States; or

[[Page 123 STAT. 874]]

            (2) assistance for any program, project, or activity that 
        contributes to the violation of internationally recognized 
        workers rights, as defined in section 507(4) of the Trade Act of 
        1974, of workers in the recipient country, including any 
        designated zone or area in that country: Provided, That the 
        application of section 507(4)(D) and (E) of such Act should be 
        commensurate with the level of development of the recipient 
        country and sector, and shall not preclude assistance for the 
        informal sector in such country, micro and small-scale 
        enterprise, and smallholder agriculture.

                  international financial institutions

    Sec. 7030. (a) None of the funds appropriated in title V of this Act 
may be made as payment to any international financial institution while 
the United States Executive Director to such institution is compensated 
by the institution at a rate which, together with whatever compensation 
such Director receives from the United States, is in excess of the rate 
provided for an individual occupying a position at level IV of the 
Executive Schedule under section 5315 of title 5, United States Code, or 
while any alternate United States Director to such institution is 
compensated by the institution at a rate in excess of the rate provided 
for an individual occupying a position at level V of the Executive 
Schedule under section 5316 of title 5, United States Code.
    (b) The Secretary of the Treasury shall instruct the United States 
Executive Director at each international financial institution to oppose 
any loan, grant, strategy or policy of these institutions that would 
require user fees or service charges on poor people for primary 
education or primary healthcare, including prevention, care and 
treatment for HIV/AIDS, malaria, tuberculosis, and infant, child, and 
maternal well-being, in connection with the institutions' financing 
programs.
    (c) The Secretary of the Treasury shall instruct the United States 
Executive Director at the International Monetary Fund to use the voice 
and vote of the United States to oppose any loan, project, agreement, 
memorandum, instrument, or other program of the International Monetary 
Fund that would not exempt increased government spending on health care 
or education from national budget caps or restraints, hiring or wage 
bill ceilings or other limits imposed by the International Monetary Fund 
in Heavily Indebted Poor Countries.
    (d) For purposes of this section ``international financial 
institutions'' are the International Bank for Reconstruction and 
Development, the Inter-American Development Bank, the Asian Development 
Bank, the Asian Development Fund, the African Development Bank, the 
African Development Fund, the International Monetary Fund, the North 
American Development Bank, and the European Bank for Reconstruction and 
Development.


                          debt-for-development


    Sec. 7031. <<NOTE: Notification.>>  In order to enhance the 
continued participation of nongovernmental organizations in debt-for-
development and debt-for-nature exchanges, a nongovernmental 
organization which is a grantee or contractor of the United States 
Agency for International Development may place in interest bearing 
accounts local currencies which accrue to that organization as a result 
of economic assistance

[[Page 123 STAT. 875]]

provided under title III of this Act and, subject to the regular 
notification procedures of the Committees on Appropriations, any 
interest earned on such investment shall be used for the purpose for 
which the assistance was provided to that organization.


              Authority to Engage in Debt Buybacks or Sales


    Sec. 7032. (a) Loans Eligible for Sale, Reduction, or 
Cancellation.--
            (1) Authority to sell, reduce, or cancel certain loans.--
        Notwithstanding any other provision of law, the President may, 
        in accordance with this section, sell to any eligible purchaser 
        any concessional loan or portion thereof made before January 1, 
        1995, pursuant to the Foreign Assistance Act of 1961, to the 
        government of any eligible country as defined in section 702(6) 
        of that Act or on receipt of payment from an eligible purchaser, 
        reduce or cancel such loan or portion thereof, only for the 
        purpose of facilitating--
                    (A) debt-for-equity swaps, debt-for-development 
                swaps, or debt-for-nature swaps; or
                    (B) a debt buyback by an eligible country of its own 
                qualified debt, only if the eligible country uses an 
                additional amount of the local currency of the eligible 
                country, equal to not less than 40 percent of the price 
                paid for such debt by such eligible country, or the 
                difference between the price paid for such debt and the 
                face value of such debt, to support activities that link 
                conservation and sustainable use of natural resources 
                with local community development, and child survival and 
                other child development, in a manner consistent with 
                sections 707 through 710 of the Foreign Assistance Act 
                of 1961, if the sale, reduction, or cancellation would 
                not contravene any term or condition of any prior 
                agreement relating to such loan.
            (2) Terms and conditions.--
        Notwithstanding <<NOTE: President.>>  any other provision of 
        law, the President shall, in accordance with this section, 
        establish the terms and conditions under which loans may be 
        sold, reduced, or canceled pursuant to this section.
            (3) Administration.--The <<NOTE: Notification.>>  Facility, 
        as defined in section 702(8) of the Foreign Assistance Act of 
        1961, shall notify the administrator of the agency primarily 
        responsible for administering part I of the Foreign Assistance 
        Act of 1961 of purchasers that the President has determined to 
        be eligible, and shall direct such agency to carry out the sale, 
        reduction, or cancellation of a loan pursuant to this section. 
        Such agency shall make adjustment in its accounts to reflect the 
        sale, reduction, or cancellation.
            (4) Limitation.--The authorities of this subsection shall be 
        available only to the extent that appropriations for the cost of 
        the modification, as defined in section 502 of the Congressional 
        Budget Act of 1974, are made in advance.

    (b) Deposit of Proceeds.--The proceeds from the sale, reduction, or 
cancellation of any loan sold, reduced, or canceled pursuant to this 
section shall be deposited in the United States Government account or 
accounts established for the repayment of such loan.
    (c) Eligible Purchasers.--A loan may be sold pursuant to subsection 
(a)(1)(A) only to a purchaser who presents plans satisfactory to the 
President for using the loan for the purpose of engaging

[[Page 123 STAT. 876]]

in debt-for-equity swaps, debt-for-development swaps, or debt-for-nature 
swaps.
    (d) Debtor Consultations.--Before the sale to any eligible 
purchaser, or any reduction or cancellation pursuant to this section, of 
any loan made to an eligible country, the President should consult with 
the country concerning the amount of loans to be sold, reduced, or 
canceled and their uses for debt-for-equity swaps, debt-for-development 
swaps, or debt-for-nature swaps.
    (e) Availability of Funds.--The authority provided by subsection (a) 
may be used only with regard to funds appropriated by this Act under the 
heading ``Debt Restructuring''.


                   Special Debt Relief for the Poorest


    Sec. 7033. (a) Authority to Reduce Debt.--The President may reduce 
amounts owed to the United States (or any agency of the United States) 
by an eligible country as a result of--
            (1) guarantees issued under sections 221 and 222 of the 
        Foreign Assistance Act of 1961;
            (2) credits extended or guarantees issued under the Arms 
        Export Control Act; or
            (3) any obligation or portion of such obligation, to pay for 
        purchases of United States agricultural commodities guaranteed 
        by the Commodity Credit Corporation under export credit 
        guarantee programs authorized pursuant to section 5(f) of the 
        Commodity Credit Corporation Charter Act of June 29, 1948, as 
        amended, section 4(b) of the Food for Peace Act of 1966, as 
        amended (Public Law 89-808), or section 202 of the Agricultural 
        Trade Act of 1978, as amended (Public Law 95-501).

    (b) Limitations.--
            (1) The authority provided by subsection (a) may be 
        exercised only to implement multilateral official debt relief 
        and referendum agreements, commonly referred to as ``Paris Club 
        Agreed Minutes''.
            (2) The authority provided by subsection (a) may be 
        exercised only in such amounts or to such extent as is provided 
        in advance by appropriations Acts.
            (3) The authority provided by subsection (a) may be 
        exercised only with respect to countries with heavy debt burdens 
        that are eligible to borrow from the International Development 
        Association, but not from the International Bank for 
        Reconstruction and Development, commonly referred to as ``IDA-
        only'' countries.

    (c) Conditions.--The authority provided by subsection (a) may be 
exercised only with respect to a country whose government--
            (1) does not have an excessive level of military 
        expenditures;
            (2) has not repeatedly provided support for acts of 
        international terrorism;
            (3) is not failing to cooperate on international narcotics 
        control matters;
            (4) (including its military or other security forces) does 
        not engage in a consistent pattern of gross violations of 
        internationally recognized human rights; and
            (5) is not ineligible for assistance because of the 
        application of section 527 of the Foreign Relations 
        Authorization Act, Fiscal Years 1994 and 1995.

[[Page 123 STAT. 877]]

    (d) Availability of Funds.--The authority provided by subsection (a) 
may be used only with regard to the funds appropriated by this Act under 
the heading ``Debt Restructuring''.
    (e) Certain Prohibitions Inapplicable.--A reduction of debt pursuant 
to subsection (a) shall not be considered assistance for the purposes of 
any provision of law limiting assistance to a country. The authority 
provided by subsection (a) may be exercised notwithstanding section 
620(r) of the Foreign Assistance Act of 1961 or section 321 of the 
International Development and Food Assistance Act of 1975.


                           special authorities


    Sec. 7034. (a) <<NOTE: Notification.>>  Afghanistan, Iraq, Pakistan, 
Lebanon, Montenegro, Victims of War, Displaced Children, and Displaced 
Burmese.--Funds appropriated under titles III through VI of this Act 
that are made available for assistance for Afghanistan may be made 
available notwithstanding section 7012 of this Act or any similar 
provision of law and section 660 of the Foreign Assistance Act of 1961, 
and funds appropriated in titles III and VI of this Act that are made 
available for Iraq, Lebanon, Montenegro, Pakistan, and for victims of 
war, displaced children, and displaced Burmese, and to assist victims of 
trafficking in persons and, subject to the regular notification 
procedures of the Committees on Appropriations, to combat such 
trafficking, may be made available notwithstanding any other provision 
of law.

    (b)(1) Waiver.--
The <<NOTE: President. Determination. Certification.>>  President may 
waive the provisions of section 1003 of Public Law 100-204 if the 
President determines and certifies in writing to the Speaker of the 
House of Representatives and the President pro tempore of the Senate 
that it is important to the national security interests of the United 
States.

    (2) Period of Application of Waiver.--Any waiver pursuant to 
paragraph (1) shall be effective for no more than a period of 6 months 
at a time and shall not apply beyond 12 months after the enactment of 
this Act.
    (c) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, the United 
States Agency for International Development may provide an exception to 
the fair opportunity process for placing task orders under such 
contracts when the order is placed with any category of small or small 
disadvantaged business.
    (d) Vietnamese Refugees.--Section 594(a) of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 2005 (enacted 
as division D of Public Law 108-447; 118 Stat. 3038) is amended by 
striking ``2009'' and inserting ``2010''.
    (e) Reconstituting Civilian Police Authority.--In providing 
assistance with funds appropriated by this Act under section 660(b)(6) 
of the Foreign Assistance Act of 1961, support for a nation emerging 
from instability may be deemed to mean support for regional, district, 
municipal, or other sub-national entity emerging from instability, as 
well as a nation emerging from instability.
    (f) International Prison Conditions.--Funds appropriated by this Act 
to carry out the provisions of chapters 1 and 11 of part I and chapter 4 
of part II of the Foreign Assistance Act of 1961, and the Support for 
East European Democracy (SEED) Act of 1989, shall be made available for 
assistance to address inhumane conditions in prisons and other detention 
facilities

[[Page 123 STAT. 878]]

administered by foreign governments that the Secretary of State 
determines are making efforts to address, among other things, prisoners' 
health, sanitation, nutrition and other basic 
needs: <<NOTE: Designation.>>  Provided, That the Secretary of State 
shall designate a Deputy Assistant Secretary of State in the Bureau of 
Democracy, Human Rights and Labor to have primary responsibility for 
diplomatic efforts related to international prison conditions.

    (g) Extension of Authority.--The Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1990 (Public Law 
101-167) is amended--
            (1) in section 599D (8 U.S.C. 1157 note)--
                    (A) in subsection (b)(3), by striking ``and 2008'' 
                and inserting ``2008, and 2009''; and
                    (B) in subsection (e), by striking ``2008'' each 
                place it appears and inserting ``2009''; and
            (2) in section 599E (8 U.S.C. 1255 note) in subsection 
        (b)(2), by striking ``2008'' and inserting ``2009''.

    (h) World Food Program.--Of the funds managed by the Bureau for 
Democracy, Conflict, and Humanitarian Assistance of the United States 
Agency for International Development, from this or any other Act, not 
less than $10,000,000 shall be made available as a general contribution 
to the World Food Program, notwithstanding any other provision of law.
    (i) Library of Congress.--Notwithstanding any other provision of 
law, of the funds appropriated under the heading ``Embassy Security, 
Construction, and Maintenance'', not less than $2,000,000 shall be made 
available for the Capital Security Cost-Sharing fees of the Library of 
Congress.
    (j) Disarmament, Demobilization and Reintegration.--Notwithstanding 
any other provision of law, regulation or Executive order, funds 
appropriated by this Act and prior Acts making appropriations for the 
Department of State, foreign operations, and related programs under the 
headings ``Economic Support Fund'', ``Peacekeeping Operations'', 
``International Disaster Assistance'', and ``Transition Initiatives'' 
should be made available to support programs to disarm, demobilize, and 
reintegrate into civilian society former members of foreign terrorist 
organizations: <<NOTE: Consultation.>>  Provided, That the Secretary of 
State shall consult with the Committees on Appropriations prior to the 
obligation of funds pursuant to this subsection: Provided further, 
That <<NOTE: Definition.>>  for the purposes of this subsection the term 
``foreign terrorist organization'' means an organization designated as a 
terrorist organization under section 219 of the Immigration and 
Nationality Act.

    (k) Nongovernmental Organizations.--With respect to the provision of 
assistance for democracy, human rights and governance activities, the 
organizations implementing such assistance and the specific nature of 
that assistance shall not be subject to the prior approval by the 
government of any foreign country.
    (l) Program for Research and Training on Eastern Europe and the 
Independent States of the Former Soviet Union.--Of the funds 
appropriated by this Act under the heading, ``Economic Support Fund'', 
not less than $5,000,000 shall be made available to carry out the 
Program for Research and Training on Eastern Europe and the Independent 
States of the Former Soviet Union (title VIII) as authorized by the 
Soviet-Eastern European Research and Training Act of 1983 (22 U.S.C. 
4501-4508, as amended).

[[Page 123 STAT. 879]]

    (m) Authority.--Funds <<NOTE: Grants. Nuclear security. North 
Korea.>>  appropriated or otherwise made available by title III of the 
Department of State, Foreign Operations, and Related Programs 
Appropriations Act, 2008 (division J of Public Law 110-161) under the 
heading ``Economic Support Fund'' that are available for a competitively 
awarded grant for nuclear security initiatives relating to North Korea 
shall be made available notwithstanding any other provision of law.

    (n) Middle East Foundation.--Funds <<NOTE: Notification.>>  
appropriated by this Act and prior Acts for a Middle East Foundation 
shall be subject to the regular notification procedures of the 
Committees on Appropriations.

    (o) Global Food Security.--Notwithstanding <<NOTE: Notification.>>  
any other provision of law, to include minimum funding requirements or 
funding directives, funds made available under the headings 
``Development Assistance'' and ``Economic Support Fund'' in this Act and 
prior Acts making appropriations for the Department of State, foreign 
operations, and related programs may be made available to address 
critical food shortages, subject to prior consultation with, and the 
regular notification procedures of, the Committees on Appropriations.

                      arab league boycott of israel

    Sec. 7035. It is the sense of the Congress that--
            (1) the Arab League boycott of Israel, and the secondary 
        boycott of American firms that have commercial ties with Israel, 
        is an impediment to peace in the region and to United States 
        investment and trade in the Middle East and North Africa;
            (2) the Arab League boycott, which was regrettably 
        reinstated in 1997, should be immediately and publicly 
        terminated, and the Central Office for the Boycott of Israel 
        immediately disbanded;
            (3) all Arab League states should normalize relations with 
        their neighbor Israel;
            (4) the President and the Secretary of State should continue 
        to vigorously oppose the Arab League boycott of Israel and find 
        concrete steps to demonstrate that opposition by, for example, 
        taking into consideration the participation of any recipient 
        country in the boycott when determining to sell weapons to said 
        country; and
            (5) the President should report to Congress annually on 
        specific steps being taken by the United States to encourage 
        Arab League states to normalize their relations with Israel to 
        bring about the termination of the Arab League boycott of 
        Israel, including those to encourage allies and trading partners 
        of the United States to enact laws prohibiting businesses from 
        complying with the boycott and penalizing businesses that do 
        comply.

                          palestinian statehood

    Sec. 7036. (a) <<NOTE: Determination. Certification.>>  Limitation 
on Assistance.--None of the funds appropriated under titles III through 
VI of this Act may be provided to support a Palestinian state unless the 
Secretary of State determines and certifies to the appropriate 
congressional committees that--
            (1) the governing entity of a new Palestinian state--

[[Page 123 STAT. 880]]

                    (A) has demonstrated a firm commitment to peaceful 
                co-existence with the State of Israel;
                    (B) is taking appropriate measures to counter 
                terrorism and terrorist financing in the West Bank and 
                Gaza, including the dismantling of terrorist 
                infrastructures, and is cooperating with appropriate 
                Israeli and other appropriate security organizations; 
                and
            (2) the Palestinian Authority (or the governing entity of a 
        new Palestinian state) is working with other countries in the 
        region to vigorously pursue efforts to establish a just, 
        lasting, and comprehensive peace in the Middle East that will 
        enable Israel and an independent Palestinian state to exist 
        within the context of full and normal relationships, which 
        should include--
                    (A) termination of all claims or states of 
                belligerency;
                    (B) respect for and acknowledgement of the 
                sovereignty, territorial integrity, and political 
                independence of every state in the area through measures 
                including the establishment of demilitarized zones;
                    (C) their right to live in peace within secure and 
                recognized boundaries free from threats or acts of 
                force;
                    (D) freedom of navigation through international 
                waterways in the area; and
                    (E) a framework for achieving a just settlement of 
                the refugee problem.

    (b) Sense of Congress.--It is the sense of Congress that the 
governing entity should enact a constitution assuring the rule of law, 
an independent judiciary, and respect for human rights for its citizens, 
and should enact other laws and regulations assuring transparent and 
accountable governance.
    (c) Waiver.--The <<NOTE: President.>>  President may waive 
subsection (a) if he determines that it is important to the national 
security interests of the United States to do so.

    (d) Exemption.--The restriction in subsection (a) shall not apply to 
assistance intended to help reform the Palestinian Authority and 
affiliated institutions, or the governing entity, in order to help meet 
the requirements of subsection (a), consistent with the provisions of 
section 7040 of this Act (``Limitation on Assistance to the Palestinian 
Authority'').


            restrictions concerning the palestinian authority


    Sec. 7037. None of the funds appropriated under titles II through VI 
of this Act may be obligated or expended to create in any part of 
Jerusalem a new office of any department or agency of the United States 
Government for the purpose of conducting official United States 
Government business with the Palestinian Authority over Gaza and Jericho 
or any successor Palestinian governing entity provided for in the 
Israel-PLO Declaration of Principles: Provided, That this restriction 
shall not apply to the acquisition of additional space for the existing 
Consulate General in Jerusalem: Provided further, That meetings between 
officers and employees of the United States and officials of the 
Palestinian Authority, or any successor Palestinian governing entity 
provided for in the Israel-PLO Declaration of Principles, for the 
purpose of conducting official United States Government business with 
such authority should continue to take place in locations other than 
Jerusalem. As has been true in the past, officers and employees

[[Page 123 STAT. 881]]

of the United States Government may continue to meet in Jerusalem on 
other subjects with Palestinians (including those who now occupy 
positions in the Palestinian Authority), have social contacts, and have 
incidental discussions.


  prohibition on assistance to the palestinian broadcasting corporation


    Sec. 7038. None of the funds appropriated or otherwise made 
available by this Act may be used to provide equipment, technical 
support, consulting services, or any other form of assistance to the 
Palestinian Broadcasting Corporation.


                  assistance for the west bank and gaza


    Sec. 7039. (a) Oversight.--For <<NOTE: Deadline. Certification.>>  
fiscal year 2009, 30 days prior to the initial obligation of funds for 
the bilateral West Bank and Gaza Program, the Secretary of State shall 
certify to the Committees on Appropriations that procedures have been 
established to assure the Comptroller General of the United States will 
have access to appropriate United States financial information in order 
to review the uses of United States assistance for the Program funded 
under the heading ``Economic Support Fund'' for the West Bank and Gaza.

    (b) Vetting.--Prior <<NOTE: Terrorism.>>  to the obligation of funds 
appropriated by this Act under the heading ``Economic Support Fund'' for 
assistance for the West Bank and Gaza, the Secretary of State shall take 
all appropriate steps to ensure that such assistance is not provided to 
or through any individual, private or government entity, or educational 
institution that the Secretary knows or has reason to believe advocates, 
plans, sponsors, engages in, or has engaged in, terrorist activity nor, 
with respect to private entities or educational institutions, those that 
have as a principal officer of the entity's governing board or governing 
board of trustees any individual that has been determined to be involved 
in, or advocating terrorist activity or determined to be a member of a 
designated foreign terrorist organization. <<NOTE: Procedures.>>  The 
Secretary of State shall, as appropriate, establish procedures 
specifying the steps to be taken in carrying out this subsection and 
shall terminate assistance to any individual, entity, or educational 
institution which she has determined to be involved in or advocating 
terrorist activity.

    (c) Prohibition.--
            (1) None of the funds appropriated under titles III through 
        VI of this Act for assistance under the West Bank and Gaza 
        Program may be made available for the purpose of recognizing or 
        otherwise honoring individuals who commit, or have committed 
        acts of terrorism.
            (2) Notwithstanding <<NOTE: Reports.>>  any other provision 
        of law, none of the funds made available by this or prior 
        appropriations act, including funds made available by transfer, 
        may be made available for obligation for security assistance for 
        the West Bank and Gaza until the Secretary of State reports to 
        the Committees on Appropriations on the benchmarks that have 
        been established for security assistance for the West Bank and 
        Gaza and reports on the extent of Palestinian compliance with 
        such benchmarks.

    (d) Audits.--

[[Page 123 STAT. 882]]

            (1) The Administrator of the United States Agency for 
        International Development shall ensure that Federal or non-
        Federal audits of all contractors and grantees, and significant 
        subcontractors and sub-grantees, under the West Bank and Gaza 
        Program, are conducted at least on an annual basis to ensure, 
        among other things, compliance with this section.
            (2) Of the funds appropriated by this Act up to $500,000 may 
        be used by the Office of the Inspector General of the United 
        States Agency for International Development for audits, 
        inspections, and other activities in furtherance of the 
        requirements of this subsection. Such funds are in addition to 
        funds otherwise available for such purposes.

    (e) Subsequent <<NOTE: Audits. Investigation.>>  to the 
certification specified in subsection (a), the Comptroller General of 
the United States shall conduct an audit and an investigation of the 
treatment, handling, and uses of all funds for the bilateral West Bank 
and Gaza Program, including all funds provided as cash transfer 
assistance, in fiscal year 2009 under the heading ``Economic Support 
Fund''. The audit shall address--
            (1) the extent to which such Program complies with the 
        requirements of subsections (b) and (c), and
            (2) an examination of all programs, projects, and activities 
        carried out under such Program, including both obligations and 
        expenditures.

    (f) Funds <<NOTE: Notification.>>  made available in this Act for 
West Bank and Gaza shall be subject to the regular notification 
procedures of the Committees on Appropriations.

    (g) Not <<NOTE: Deadline. Reports.>>  later than 180 days after 
enactment of this Act, the Secretary of State shall submit a report to 
the Committees on Appropriations updating the report contained in 
section 2106 of chapter 2 of title II of Public Law 109-13.


         limitation on assistance for the palestinian authority


    Sec. 7040. <<NOTE: President.>>  (a) Prohibition of Funds.--None of 
the funds appropriated by this Act to carry out the provisions of 
chapter 4 of part II of the Foreign Assistance Act of 1961 may be 
obligated or expended with respect to providing funds to the Palestinian 
Authority.

    (b) Waiver.--The <<NOTE: Certification.>>  prohibition included in 
subsection (a) shall not apply if the President certifies in writing to 
the Speaker of the House of Representatives, the President pro tempore 
of the Senate, and the Committees on Appropriations that waiving such 
prohibition is important to the national security interests of the 
United States.

    (c) Period of Application of Waiver.--Any waiver pursuant to 
subsection (b) shall be effective for no more than a period of 6 months 
at a time and shall not apply beyond 12 months after the enactment of 
this Act.
    (d) Report.--Whenever the waiver authority pursuant to subsection 
(b) is exercised, the President shall submit a report to the Committees 
on Appropriations detailing the justification for the waiver, the 
purposes for which the funds will be spent, and the accounting 
procedures in place to ensure that the funds are properly disbursed. The 
report shall also detail the steps the Palestinian Authority has taken 
to arrest terrorists, confiscate weapons and dismantle the terrorist 
infrastructure.

[[Page 123 STAT. 883]]

    (e) Certification.--If the President exercises the waiver authority 
under subsection (b), the Secretary of State must certify and report to 
the Committees on Appropriations prior to the obligation of funds that 
the Palestinian Authority has established a single treasury account for 
all Palestinian Authority financing and all financing mechanisms flow 
through this account, no parallel financing mechanisms exist outside of 
the Palestinian Authority treasury account, and there is a single 
comprehensive civil service roster and payroll.
    (f) Prohibition.--
            (1) None <<NOTE: Certification.>>  of the funds appropriated 
        in titles III through VI of this Act may be obligated for 
        salaries of personnel of the Palestinian Authority located in 
        Gaza or may be obligated or expended for assistance to Hamas or 
        any entity effectively controlled by Hamas or any power-sharing 
        government of which Hamas is a member unless the President 
        certifies in writing and reports to the Committees on 
        Appropriations that Hamas has accepted and is complying with the 
        principles contained in section 620K(b)(1)(A) and (B) of the 
        Foreign Assistance Act of 1961, as amended.
            (2) None of the funds appropriated under titles III through 
        VI of this Act may be obligated for assistance for the Palestine 
        Liberation Organization.


                        broadcasting transparency


    Sec. 7041. (a) <<NOTE: Reports.>>  Of the funds appropriated in this 
Act under the heading ``International Broadcasting Operations'' for 
Middle East Broadcasting Networks, 10 percent of the funds shall not be 
available for obligation until the Broadcasting Board of Governors 
reports to the Committee on Appropriations on--
            (1) The results of the independent outside evaluation of 
        Alhurra programming to examine its journalistic integrity and 
        adherence to standards and principles of the United States 
        International Broadcasting Act; and
            (2) Whether the directives in the explanatory statement 
        accompanying the Department of State, Foreign Operations, and 
        Related Programs Appropriations Act, 2008 (division J of Public 
        Law 110-161) regarding Alhurra have been implemented and are 
        operational.

    (b) The Office of the Inspector General of the Department of State 
and the Broadcasting Board of Governors shall monitor adherence to the 
standards of the Journalistic Code of Ethics of the Middle East 
Broadcasting Networks, as updated in May 2007.


                                  iraq


    Sec. 7042. (a) Assistance.--None of the funds appropriated or 
otherwise made available by this Act may be made available for 
assistance for Iraq, except funds appropriated by this Act under the 
heading ``Nonproliferation, Anti-terrorism, Demining and Related 
Programs'' for the removal and disposal of landmines and other 
unexploded ordnance, small arms and light weapons in Iraq.
    (b) Matching Requirement.--The <<NOTE: Applicability.>>  terms and 
conditions of section 1402(e)(1), (2), (3) and (4) of Public Law 110-252 
shall apply to assistance for Iraq in fiscal year 2009.

    (c) Transition Plan.--Not <<NOTE: Deadline. Reports. Classified 
information.>>  later than 180 days after enactment of this Act, the 
Secretary of State, in consultation with relevant

[[Page 123 STAT. 884]]

United States Government agencies, shall submit to the Committees on 
Appropriations a report, in classified form if necessary, that details 
the plans, costs and timelines associated with the transition of 
programs and activities funded under titles III through VI of this Act 
and prior Acts making appropriations for the Department of State, 
foreign operations, and related programs to the Government of Iraq.

    (d) Base Rights.--None of the funds made available in this Act may 
be used by the Government of the United States to enter into a permanent 
basing rights agreement between the United States and Iraq.

                        report on iran sanctions

    Sec. 7043. Not later than 180 days after enactment of this Act, the 
Secretary of State shall submit a report to the Committees on 
Appropriations on the status of multilateral and bilateral United States 
sanctions against Iran and actions taken by the United States and the 
international community to enforce sanctions against Iran. The report, 
which may be submitted in classified form if necessary, shall include 
the following:
            (1) A list of all current United States bilateral and 
        multilateral sanctions against Iran;
            (2) A list of all United States and foreign registered 
        entities which the Secretary of State has reason to believe may 
        be in violation of existing United States bilateral and 
        multilateral sanctions;
            (3) A detailed description of United States efforts to 
        enforce sanctions, including a list of all investigations 
        initiated in the 12 months preceeding the enactment of this Act 
        that have resulted in a determination that a sanctions violation 
        has occurred and United States government actions taken pursuant 
        to the determination;
            (4) In the instances when sanctions were waived or otherwise 
        not imposed against entities that were determined to have 
        violated United States bilateral or multilateral sanctions, the 
        reason in each instance of why action was not taken to sanction 
        the entity; and
            (5) A description of United States diplomatic efforts to 
        expand bilateral and multilateral sanctions against Iran and 
        strengthen international efforts to enforce existing sanctions.


                                 lebanon


    Sec. 7044. (a) Funds appropriated under the heading ``Foreign 
Military Financing Program'' in this Act for assistance for Lebanon 
shall be made available only to professionalize the Lebanese Armed 
Forces and to strengthen border security and combat terrorism, including 
training and equipping the Lebanese Armed Forces to secure Lebanon's 
borders, interdicting arms shipments, preventing the use of Lebanon as a 
safe haven for terrorist groups and implementing United Nations Security 
Council Resolution 1701.
    (b) None <<NOTE: Spending plan.>>  of the funds in subsection (a) 
may be made available for obligation until after the Secretary of State 
provides the Committees on Appropriations a detailed spending plan, 
which shall include a strategy for professionalizing the Lebanese Armed 
Forces, strengthening border security and combating terrorism in 
Lebanon.

[[Page 123 STAT. 885]]

                           western hemisphere


    Sec. 7045. (a) Free Trade Agreements.--Of the funds appropriated by 
this Act not less than $10,000,000 from ``Development Assistance'' and 
not less than $10,000,000 from ``Economic Support Fund'' shall be made 
available for labor and environmental capacity building activities 
relating to the free trade agreements with countries of Central America, 
Peru and the Dominican Republic.
    (b) Haiti.--
            (1) The Government of Haiti shall be eligible to purchase 
        defense articles and services under the Arms Export Control Act 
        (22 U.S.C. 2751 et seq.), for the Coast Guard.
            (2) Of the funds appropriated by this Act under titles III 
        and IV, not less than $251,126,000 shall be made available for 
        assistance for Haiti.
            (3) None <<NOTE: Reports.>>  of the funds made available by 
        this Act under the heading ``International Narcotics Control and 
        Law Enforcement'' may be used to transfer excess weapons, 
        ammunition or other lethal property of an agency of the United 
        States Government to the Government of Haiti for use by the 
        Haitian National Police until the Secretary of State reports to 
        the Committees on Appropriations that any members of the Haitian 
        National Police who have been credibly alleged to have committed 
        serious crimes, including drug trafficking and violations of 
        internationally recognized human rights, have been suspended.

    (c) Dominican Republic.--Of the funds appropriated by this Act that 
are available for assistance for the Dominican Republic, not less than 
$5,000,000 shall be made available for basic health care, nutrition, 
sanitation, education, and shelter for migrant workers and other 
residents of batey communities.
    (d) Assistance for Guatemala.--
            (1) Funds appropriated by this Act under the heading 
        ``International Military Education and Training'' (IMET) that 
        are available for assistance for Guatemala, other than for 
        expanded IMET, may be made available only for the Guatemalan Air 
        Force, Navy and Army Corps of Engineers: Provided, That 
        assistance for the Army Corps of Engineers shall only be 
        available for training to improve disaster response capabilities 
        and to participate in international peacekeeping operations: 
        Provided further, That <<NOTE: Certification.>>  such funds may 
        be made available only if the Secretary of State certifies that 
        the Air Force, Navy and Army Corps of Engineers are respecting 
        internationally recognized human rights and cooperating with 
        civilian judicial investigations and prosecutions of current and 
        retired military personnel who have been credibly alleged to 
        have committed violations of such rights, and with the 
        International Commission Against Impunity in Guatemala (CICIG) 
        by granting access to CICIG personnel, providing evidence to 
        CICIG, and allowing witness testimony.
            (2) Of the funds appropriated by this Act under the heading 
        ``Foreign Military Financing Program'', not more than $500,000 
        may be made available for the Guatemalan Air Force, Navy and 
        Army Corps of Engineers: Provided, That assistance for the Army 
        Corps of Engineers shall only be available for training to 
        improve disaster response capabilities and to participate in 
        international peacekeeping operations: <<NOTE: Certification.>>  
        Provided further,

[[Page 123 STAT. 886]]

        That such funds may be made available only if the Secretary of 
        State certifies that the Air Force, Navy and Army Corps of 
        Engineers are respecting internationally recognized human rights 
        and cooperating with civilian judicial investigations and 
        prosecutions of current and retired military personnel who have 
        been credibly alleged to have committed violations of such 
        rights, including protecting and providing to the Attorney 
        General's office all military archives pertaining to the 
        internal armed conflict, and cooperating with the CICIG by 
        granting access to CICIG personnel, providing evidence to CICIG, 
        and allowing witness testimony.

    (e) Assistance for Mexico.--Of the funds appropriated under the 
headings ``International Narcotics Control and Law Enforcement'', 
``Foreign Military Financing Program'', and ``Economic Support Fund'' in 
this Act, not more than $300,000,000 may be made available for 
assistance for Mexico, only to combat drug trafficking and related 
violence and organized crime, and for judicial reform, institution 
building, anti-corruption, and rule of law activities, of which not less 
than $75,000,000 shall be used for judicial reform, institution 
building, anti-corruption, and rule of law activities: Provided, That 
none of the funds made available under this section shall be made 
available for budget support or as cash payments.
            (1) Allocation of funds.--Fifteen <<NOTE: Reports.>>  
        percent of the funds made available under this section in this 
        Act, for assistance for Mexico, not including assistance for 
        judicial reform, institution building, anti-corruption, and rule 
        of law activities, may not be obligated until the Secretary of 
        State reports in writing to the Committees on Appropriations 
        that the Government of Mexico is continuing to--
                    (A) improve the transparency and accountability of 
                Federal police forces and to work with State and 
                municipal authorities to improve the transparency and 
                accountability of State and municipal police forces 
                through mechanisms including police complaints 
                commissions with authority and independence to receive 
                complaints and carry out effective investigations;
                    (B) conduct regular consultations with Mexican human 
                rights organizations and other relevant Mexican civil 
                society organizations on recommendations for the 
                implementation of the Merida Initiative in accordance 
                with Mexican and international law;
                    (C) ensure that civilian prosecutors and judicial 
                authorities are investigating and prosecuting, in 
                accordance with Mexican and international law, members 
                of the Federal police and military forces who have been 
                credibly alleged to have violated internationally 
                recognized human rights, and the Federal police and 
                military forces are fully cooperating with the 
                investigations; and
                    (D) enforce the prohibition, in accordance with 
                Mexican and international law, on the use of testimony 
                obtained through torture or other ill-treatment.
            (2) Report.--The report required in paragraph (1) shall 
        include a description of actions taken with respect to each 
        requirement.
            (3) Spending plan.--Not <<NOTE: Deadline.>>  later than 45 
        days after the date of enactment of this Act, the Secretary of 
        State shall submit to the Committees on Appropriations a 
        detailed spending plan,

[[Page 123 STAT. 887]]

        developed after consulting with relevant Mexican Government 
        authorities, for funds made available for Mexico under this 
        section, with concrete goals, programs and activities to be 
        funded, and anticipated results.
            (4) Analysis of alternatives.--Prior to the obligation of 
        funds for the procurement or lease of aircraft, the Director of 
        the Defense Security Cooperation Agency, in consultation with 
        the Secretary of State, shall submit to the Committees on 
        Appropriations an Analysis of Alternatives for the acquisition 
        of all aircraft for the Merida Initiative.

    (f) Assistance for the Countries of Central America.--Of the funds 
appropriated under the headings ``International Narcotics Control and 
Law Enforcement'', ``Foreign Military Financing Program'', and 
``Economic Support Fund'', $105,000,000 may be made available for 
assistance for the countries of Central America only to combat drug 
trafficking and related violence and organized crime, and for judicial 
reform, institution building, anti-corruption, rule of law activities, 
and maritime security, of which not less than $35,000,000 shall be made 
available for judicial reform, institution building, anti-corruption, 
and rule of law activities: Provided, That of the funds appropriated 
under the heading ``Economic Support Fund'', $12,000,000 shall be made 
available through the United States Agency for International Development 
for an Economic and Social Development Fund for Central America: 
Provided further, That none of the funds shall be made available for 
budget support or as cash payments.
            (1) Allocation of funds.--Fifteen <<NOTE: Reports.>>  
        percent of the funds made available by this Act for assistance 
        for the countries of Central America under the headings 
        ``International Narcotics Control and Law Enforcement'' and 
        ``Foreign Military Financing Program'' may not be obligated 
        until the Secretary of State reports in writing to the 
        Committees on Appropriations that the government of such country 
        is continuing to--
                    (A) support police complaints commissions with 
                authority and independence to receive complaints and 
                carry out effective investigations;
                    (B) implement reforms to improve the capacity and 
                ensure the independence of the judiciary; and
                    (C) investigate and prosecute members of the Federal 
                police and military forces who have been credibly 
                alleged to have committed violations of internationally 
                recognized human rights.
            (2) Report.--The report required in paragraph (1) shall 
        include a description of actions taken with respect to each 
        requirement.
            (3) Spending plan.--Not <<NOTE: Deadline.>>  later than 45 
        days after the date of the enactment of this Act, the Secretary 
        of State shall submit to the Committees on Appropriations a 
        detailed spending plan for funds appropriated or otherwise made 
        available for the countries of Central America by this Act, with 
        concrete goals, actions to be taken, budget proposals, and 
        anticipated results.
            (4) Definition.--For the purposes of this section, the term 
        ``countries of Central America'' means Belize, Costa Rica, El 
        Salvador, Guatemala, Honduras, Nicaragua, and Panama.

    (g) Aircraft Operations and Maintenance.--To the maximum extent 
practicable, the costs of operations and maintenance,

[[Page 123 STAT. 888]]

including fuel, of aircraft funded by this Act should be borne by the 
recipient country.

                                colombia

    Sec. 7046. (a) Funding.--Of the funds appropriated in titles III and 
IV of this Act, not more than $545,050,000 shall be available for 
assistance for Colombia.
    Funds appropriated by this Act and made available to the Department 
of State for assistance to the Government of Colombia may be used to 
support a unified campaign against narcotics trafficking and 
organizations designated as Foreign Terrorist Organizations and 
successor organizations, and to take actions to protect human health and 
welfare in emergency circumstances, including undertaking rescue 
operations: Provided, That assistance made available in prior Acts for 
the Government of Colombia to protect the Cano-Limon pipeline may also 
be used for purposes for which funds are made available under the 
heading ``Andean Counterdrug Programs'': Provided further, That no 
United States Armed Forces personnel or United States civilian 
contractor employed by the United States will participate in any combat 
operation in connection with assistance made available by this Act for 
Colombia: Provided further, That rotary and fixed wing aircraft 
supported with funds appropriated under the heading ``Andean Counterdrug 
Programs'' for assistance for Colombia may be used for aerial or manual 
drug eradication and interdiction including to transport personnel and 
supplies and to provide security for such operations, and to provide 
transport in support of alternative development programs and 
investigations of cases under the jurisdiction of the Attorney General, 
the Procuraduria General de la Nacion, and the Defensoria del 
Pueblo: <<NOTE: President. Helicopters.>>  Provided further, That the 
President shall ensure that if any helicopter procured with funds in 
this Act or prior Acts making appropriations for the Department of 
State, foreign operations, and related programs, is used to aid or abet 
the operations of any illegal self-defense group, paramilitary 
organization, illegal security cooperative or successor organizations in 
Colombia, such helicopter shall be immediately returned to the United 
States.

    Of the <<NOTE: Certification.>>  funds available under the heading 
``Andean Counterdrug Programs'' in this Act for the Colombian national 
police for the procurement of chemicals for aerial coca and poppy 
eradication programs, not more than 20 percent of such funds may be made 
available for such eradication programs unless the Secretary of State 
certifies to the Committees on Appropriations that: (1) the herbicide is 
being used in accordance with EPA label requirements for comparable use 
in the United States and with Colombian laws; and (2) the herbicide, in 
the manner it is being used, does not pose unreasonable risks or adverse 
effects to humans or the environment, including endemic 
species: <<NOTE: Certification.>>  Provided, That such funds may not be 
made available unless the Secretary of State certifies to the Committees 
on Appropriations that complaints of harm to health or licit crops 
caused by such aerial eradication are thoroughly evaluated and fair 
compensation is being paid in a timely manner for meritorious claims: 
Provided further, That such funds may not be made available for such 
purposes unless programs are being implemented by the United States 
Agency for International Development, the Government of Colombia, or 
other organizations, in consultation and coordination with local 
communities, to provide

[[Page 123 STAT. 889]]

alternative sources of income in areas where security permits for small-
acreage growers and communities whose illicit crops are targeted for 
aerial eradication: Provided further, That none of the funds 
appropriated by this Act for assistance for Colombia shall be made 
available for the cultivation or processing of African oil palm, if 
doing so would contribute to significant loss of native species, disrupt 
or contaminate natural water sources, reduce local food security, or 
cause the forced displacement of local people: Provided further, 
That <<NOTE: Certification.>>  funds appropriated by this Act may be 
used for aerial eradication in Colombia's national parks or reserves 
only if the Secretary of State certifies to the Committees on 
Appropriations on a case-by-case basis that there are no effective 
alternatives and the eradication is conducted in accordance with 
Colombian laws.

    (b) Assistance for the Armed Forces.--
            (1) Funding.--Funds appropriated by this Act that are 
        available for assistance for the Colombian Armed Forces, may be 
        made available as follows:
                    (A) Up to 70 percent of such funds may be obligated 
                prior to the certification and report by the Secretary 
                of State pursuant to subparagraph (B).
                    (B) Up <<NOTE: Certification. Reports.>>  to 15 
                percent of such funds may be obligated only after the 
                Secretary of State consults with, and subsequently 
                certifies and submits a written report to, the 
                Committees on Appropriations that--
                          (i) The Government of Colombia is suspending, 
                      and investigating and prosecuting in the civilian 
                      justice system, those members of the Colombian 
                      Armed Forces, of whatever rank, who have been 
                      credibly alleged to have committed violations of 
                      internationally recognized human rights, including 
                      extra-judicial killings, or to have aided, abetted 
                      or benefitted from paramilitary organizations or 
                      successor armed groups, and the Colombian Armed 
                      Forces are cooperating fully with civilian 
                      prosecutors and judicial authorities in such 
                      cases.
                          (ii) The Government of Colombia has taken all 
                      necessary steps to sever links with paramilitary 
                      organizations or successor armed groups.
                          (iii) The Government of Colombia is 
                      dismantling paramilitary networks, including by 
                      arresting and prosecuting under civilian criminal 
                      law individuals who have provided financial, 
                      planning, or logistical support, or have otherwise 
                      aided, abetted or benefitted from paramilitary 
                      organizations or successor armed groups, and by 
                      returning land and other assets illegally acquired 
                      by such organizations or their associates to their 
                      rightful occupants or owners.
                          (iv) The Government of Colombia is respecting 
                      the rights of Colombia's indigenous and Afro-
                      Colombian communities, and the Colombian Armed 
                      Forces are implementing procedures to distinguish 
                      between civilians, including displaced persons, 
                      and combatants in their operations.
            (2) The <<NOTE: Certification.>>  balance of such funds may 
        be obligated after July 31, 2009, if, prior to such obligation, 
        the Secretary of State consults with, and submits a written 
        certification to, the

[[Page 123 STAT. 890]]

        Committees on Appropriations that the Government of Colombia is 
        continuing to meet the requirements described in paragraph (1) 
        and is conducting vigorous operations to strengthen civilian 
        institutions and respect for internationally recognized human 
        rights in areas under the influence of paramilitary 
        organizations or successor armed groups and guerrilla 
        organizations.
            (3) Certain funds exempted.--The requirement to withhold 
        funds from obligation shall not apply with respect to funds made 
        available under the heading ``Andean Counterdrug Programs'' in 
        this Act for continued support for the Critical Flight Safety 
        Program or for any alternative development programs in Colombia 
        administered by the Bureau of International Narcotics and Law 
        Enforcement Affairs of the Department of State.
            (4) Report.--At the time the Secretary of State submits 
        certifications pursuant to paragraphs (1)(B) and (2) of this 
        subsection, the Secretary shall also submit to the Committees on 
        Appropriations a report that contains, with respect to each such 
        paragraph, a detailed description of the specific actions taken 
        by the Government and Armed Forces of Colombia which support 
        each requirement of the certification, and the cases or issues 
        brought to the attention of the Secretary, including through the 
        Department of State's annual Country Reports on Human Rights 
        Practices, for which the actions taken by the Colombian 
        Government or Armed Forces have been determined by the Secretary 
        of State to be inadequate.

    (c) Consultative Process.--Not <<NOTE: Deadlines.>>  later than 60 
days after the date of enactment of this Act, and every 180 days 
thereafter until September 30, 2009, the Secretary of State shall 
consult with Colombian and internationally recognized human rights 
organizations regarding progress in meeting the requirements contained 
in subsection (b)(1).

    (d) Assistance for Reintegration of Former Combatants.--
            (1) Availability of funds.--Of the funds appropriated in 
        this Act under the heading ``Economic Support Fund'', up to 
        $16,769,000 may be made available in fiscal year 2009 for 
        assistance for the reintegration of former members of foreign 
        terrorist organizations (FTOs) or other illegal armed groups in 
        Colombia, if the Secretary of State consults with and makes a 
        certification described in paragraph (2) to the Committees on 
        Appropriations prior to the initial obligation of amounts for 
        such assistance for the fiscal year involved.
            (2) Certification.--A certification described in this 
        subsection is a certification that--
                    (A) assistance for the fiscal year will be provided 
                only for individuals who have: (i) verifiably renounced 
                and terminated any affiliation or involvement with FTOs 
                or other illegal armed groups; (ii) are meeting all the 
                requirements of the Colombia demobilization program, 
                including having disclosed their involvement in past 
                crimes and their knowledge of the FTO's structure, 
                financing sources, illegal assets, and the location of 
                kidnapping victims and bodies of the disappeared; and 
                (iii) are not involved in criminal activity;
                    (B) the Government of Colombia is providing full 
                cooperation to the Government of the United States to

[[Page 123 STAT. 891]]

                prosecute the extradited leaders and members of FTOs who 
                have been indicted in the United States for murder, 
                torture, kidnapping, narcotics trafficking, or other 
                violations of United States law;
                    (C) the Government of Colombia is not knowingly 
                taking any steps to legalize the titles of land or other 
                assets illegally obtained and held by FTOs, their 
                associates, or successors, has established effective 
                procedures to identify such land and other assets, and 
                is seizing and returning such land and other assets to 
                their rightful occupants or owners;
                    (D) the Government of Colombia is dismantling the 
                organizational structures of FTOs and successor armed 
                groups; and
                    (E) funds shall not be made available as cash 
                payments to individuals and are available only for 
                activities under the following categories: verification, 
                reintegration (including training and education), 
                vetting, recovery of assets for reparations for victims, 
                and investigations and prosecutions.

    (e) Illegal Armed Groups.--
            (1) Denial of visas.--Subject to paragraph (2), the 
        Secretary of State shall not issue a visa to any alien who the 
        Secretary determines, based on credible evidence--
                    (A) has willfully provided any support to or 
                benefitted from the Revolutionary Armed Forces of 
                Colombia (FARC), the National Liberation Army (ELN), the 
                United Self-Defense Forces of Colombia (AUC), or 
                successor armed groups, including taking actions or 
                failing to take actions which allow, facilitate, or 
                otherwise foster the activities of such groups; or
                    (B) has committed, ordered, incited, assisted, or 
                otherwise participated in the commission of a violation 
                of internationally recognized human rights, including 
                extra-judicial killings, in Colombia.
            (2) Waiver.--Paragraph <<NOTE: Certification.>>  (1) shall 
        not apply if the Secretary of State certifies to the Committees 
        on Appropriations, on a case-by-case basis, that the issuance of 
        a visa to the alien is necessary to support the peace process in 
        Colombia or for urgent humanitarian reasons.

    (f) Definitions.--In this section:
            (1) Aided or abetted.--The term ``aided or abetted'' means 
        to provide any support to paramilitary or successor armed 
        groups, including taking actions which allow, facilitate, or 
        otherwise foster the activities of such groups.
            (2) Paramilitary groups.--The term ``paramilitary groups'' 
        means illegal self-defense groups and illegal security 
        cooperatives, including those groups and cooperatives that have 
        formerly demobilized but continue illegal operations, as well as 
        parts thereof.
            (3) Foreign terrorist organization.--The term ``foreign 
        terrorist organization'' means an organization designated as a 
        terrorist organization under section 219 of the Immigration and 
        Nationality Act.

[[Page 123 STAT. 892]]

                    community-based police assistance


    Sec. 7047. (a) Authority.--Funds made available by titles III and IV 
of this Act to carry out the provisions of chapter 1 of part I and 
chapters 4 and 6 of part II of the Foreign Assistance Act of 1961, may 
be used, notwithstanding section 660 of that Act, to enhance the 
effectiveness and accountability of civilian police authority through 
training and technical assistance in human rights, the rule of law, 
anti-corruption, strategic planning, and through assistance to foster 
civilian police roles that support democratic governance including 
assistance for programs to prevent conflict, respond to disasters, 
address gender-based violence, and foster improved police relations with 
the communities they serve.
    (b) Notification.--Assistance provided under subsection (a) shall be 
subject to prior consultation with, and the regular notification 
procedures of, the Committees on Appropriations.


            prohibition of payments to united nations members


    Sec. 7048. None of the funds appropriated or made available pursuant 
to titles III through VI of this Act for carrying out the Foreign 
Assistance Act of 1961, may be used to pay in whole or in part any 
assessments, arrearages, or dues of any member of the United Nations or, 
from funds appropriated by this Act to carry out chapter 1 of part I of 
the Foreign Assistance Act of 1961, the costs for participation of 
another country's delegation at international conferences held under the 
auspices of multilateral or international organizations.


                      war crimes tribunals drawdown


    Sec. 7049. If the President determines that doing so will contribute 
to a just resolution of charges regarding genocide or other violations 
of international humanitarian law, the President may direct a drawdown 
pursuant to section 552(c) of the Foreign Assistance Act of 1961 of up 
to $30,000,000 of commodities and services for the United Nations War 
Crimes Tribunal established with regard to the former Yugoslavia by the 
United Nations Security Council or such other tribunals or commissions 
as the Council may establish or authorize to deal with such violations, 
without regard to the ceiling limitation contained in paragraph (2) 
thereof: Provided, That the determination required under this section 
shall be in lieu of any determinations otherwise required under section 
552(c): <<NOTE: Notification.>>  Provided further, That funds made 
available for tribunals other than the International Criminal Tribunal 
for the former Yugoslavia, the International Criminal Tribunal for 
Rwanda, or the Special Court for Sierra Leone shall be made available 
subject to the regular notification procedures of the Committees on 
Appropriations.


                          peacekeeping missions


    Sec. 7050. None of the funds made available under title I of this 
Act may be used for any United Nations undertaking when it is made known 
to the Federal official having authority to obligate or expend such 
funds that: (1) the United Nations undertaking is a peacekeeping 
mission; (2) such undertaking will involve United States Armed Forces 
under the command or operational control of a foreign national; and (3) 
the President's military advisors

[[Page 123 STAT. 893]]

have not submitted to the President a recommendation that such 
involvement is in the national interests of the United States and the 
President has not submitted to the Congress such a recommendation.


                         PEACEKEEPING ASSESSMENT


    Sec. 7051. Section 404(b)(2)(B) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995, (22 U.S.C. 287e note) is 
amended by deleting subsection (v) and inserting in lieu thereof:
    ``(v) For assessments made during each of the calendar years 2005, 
2006, 2007, 2008, and 2009, 27.1 percent.''.


                   UNITED NATIONS HUMAN RIGHTS COUNCIL


    Sec. 7052. (a) None of the funds appropriated by this Act may be 
made available for a United States contribution to the United Nations 
Human Rights Council.
    (b) The prohibition under subsection (a) shall not apply if--
            (1) the <<NOTE: Certification.>>  Secretary of State 
        certifies to the Committees on Appropriations that the provision 
        of funds to support the United Nations Human Rights Council is 
        in the national interest of the United States; or
            (2) the United States is a member of the Human Rights 
        Council.


                 Attendance at International Conferences


    Sec. 7053. <<NOTE: Reports.>>  None of the funds made available in 
this Act may be used to send or otherwise pay for the attendance of more 
than 50 employees of agencies or departments of the United States 
Government who are stationed in the United States, at any single 
international conference occurring outside the United States, unless the 
Secretary of State reports to the Committees on Appropriations that such 
attendance is in the national interest: <<NOTE: Definition.>>  Provided, 
That for purposes of this section the term ``international conference'' 
shall mean a conference attended by representatives of the United States 
Government and of foreign governments, international organizations, or 
nongovernmental organizations.


               restrictions on united nations delegations


    Sec. 7054. None of the funds made available under title I of this 
Act may be used to pay expenses for any United States delegation to any 
specialized agency, body, or commission of the United Nations if such 
commission is chaired or presided over by a country, the government of 
which the Secretary of State has determined, for purposes of section 
6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 
2405(j)(1)), supports international terrorism.


    parking fines and real property taxes owed by foreign governments


    Sec. 7055. <<NOTE: Certification.>>  (a) Subject to subsection (c), 
of the funds appropriated under titles III through VI by this Act that 
are made available for assistance for a foreign country, an amount equal 
to 110 percent of the total amount of the unpaid fully adjudicated

[[Page 123 STAT. 894]]

parking fines and penalties and unpaid property taxes owed by the 
central government of such country shall be withheld from obligation for 
assistance for the central government of such country until the 
Secretary of State submits a certification to the Committees on 
Appropriations stating that such parking fines and penalties and unpaid 
property taxes are fully paid.

    (b) Funds withheld from obligation pursuant to subsection (a) may be 
made available for other programs or activities funded by this Act, 
after consultation with and subject to the regular notification 
procedures of the Committees on Appropriations, provided that no such 
funds shall be made available for assistance for the central government 
of a foreign country that has not paid the total amount of the fully 
adjudicated parking fines and penalties and unpaid property taxes owed 
by such country.
    (c) Subsection (a) shall not include amounts that have been withheld 
under any other provision of law.
    (d)(1) The <<NOTE: Waiver authority. Time period.>>  Secretary of 
State may waive the requirements set forth in subsection (a) with 
respect to parking fines and penalties no sooner than 60 days from the 
date of enactment of this Act, or at any time with respect to a 
particular country, if the Secretary determines that it is in the 
national interests of the United States to do so.

    (2) The Secretary of State may waive the requirements set forth in 
subsection (a) with respect to the unpaid property taxes if the 
Secretary of State determines that it is in the national interests of 
the United States to do so.
    (e) Not <<NOTE: Deadline. Reports.>>  later than 6 months after the 
initial exercise of the waiver authority in subsection (d), the 
Secretary of State, after consultations with the City of New York, shall 
submit a report to the Committees on Appropriations describing a 
strategy, including a timetable and steps currently being taken, to 
collect the parking fines and penalties and unpaid property taxes and 
interest owed by nations receiving foreign assistance under this Act.

    (f) In <<NOTE: Definitions.>>  this section:
            (1) The term ``fully adjudicated'' includes circumstances in 
        which the person to whom the vehicle is registered--
                    (A)(i) has not responded to the parking violation 
                summons; or
                    (ii) has not followed the appropriate adjudication 
                procedure to challenge the summons; and
                    (B) the period of time for payment of or challenge 
                to the summons has lapsed.
            (2) The term ``parking fines and penalties'' means parking 
        fines and penalties--
                    (A) owed to--
                          (i) the District of Columbia; or
                          (ii) New York, New York; and
                    (B) incurred during the period April 1, 1997, 
                through September 30, 2008.
            (3) The term ``unpaid property taxes'' means the amount of 
        unpaid taxes and interest determined to be owed by a foreign 
        country on real property in the District of Columbia or New 
        York, New York in a court order or judgment entered against such 
        country by a court of the United States or any State or 
        subdivision thereof.

[[Page 123 STAT. 895]]

                     landmines and cluster munitions


    Sec. 7056. (a) Landmines.--Notwithstanding any other provision of 
law, demining equipment available to the United States Agency for 
International Development and the Department of State and used in 
support of the clearance of landmines and unexploded ordnance for 
humanitarian purposes may be disposed of on a grant basis in foreign 
countries, subject to such terms and conditions as the President may 
prescribe.
    (b) Cluster Munitions.--No military assistance shall be furnished 
for cluster munitions, no defense export license for cluster munitions 
may be issued, and no cluster munitions or cluster munitions technology 
shall be sold or transferred, unless--
            (1) the submunitions of the cluster munitions have a 99 
        percent or higher functioning rate; and
            (2) the agreement applicable to the assistance, transfer, or 
        sale of the cluster munitions or cluster munitions technology 
        specifies that the cluster munitions will only be used against 
        clearly defined military targets and will not be used where 
        civilians are known to be present.

                    millennium challenge corporation

    Sec. 7057. <<NOTE: Deadline. Reports.>>  (a) The Chief Executive 
Officer of the Millennium Challenge Corporation shall, not later than 45 
days after enactment of this Act, submit to the Committee on 
Appropriations a report on the proposed uses, on a country-by-country 
basis, of all funds appropriated under the heading ``Millennium 
Challenge Corporation'' in this Act or prior Acts making appropriations 
for the Department of State, foreign operations, and related programs 
projected to be obligated and expended in fiscal year 2009 and 
subsequent fiscal years.

    (b) The report required in paragraph (a) shall be updated on a semi-
annual basis and shall include, at a minimum, a description of--
            (1) compacts in development, including the status of 
        negotiations and the approximate range of value of the proposed 
        compact;
            (2) compacts in implementation, including the projected 
        expenditure and disbursement of compact funds during fiscal year 
        2009 and subsequent fiscal years as determined by the country 
        compact;
            (3) threshold country programs in development, including the 
        approximate range of value of the threshold country agreement;
            (4) major programmatic changes to existing compacts funded 
        by this Act or prior Acts making appropriations for the 
        Department of State, foreign operations, and related programs;
            (5) threshold country programs in implementation; and
            (6) use of administrative funds.

    (c) The <<NOTE: Notification. Deadline.>>  Chief Executive Officer 
of the Millennium Challenge Corporation shall notify the Committees on 
Appropriations not later than 15 days prior to signing any new country 
compact or new threshold country program; terminating or suspending any 
country compact or threshold country program; or commencing negotiations 
for any new compact or threshold country program.

[[Page 123 STAT. 896]]

                    limitation on residence expenses

    Sec. 7058. Of the funds appropriated or made available pursuant to 
title II of this Act, not to exceed $100,500 shall be for official 
residence expenses of the United States Agency for International 
Development during the current fiscal year: Provided, That appropriate 
steps shall be taken to assure that, to the maximum extent possible, 
United States-owned foreign currencies are utilized in lieu of dollars.

      united states agency for international development management

                      (including transfer of funds)

    Sec. 7059. <<NOTE: 22 USC 3948 note.>>  (a) Authority.--Up to 
$81,000,000 of the funds made available in title III of this Act to 
carry out the provisions of part I of the Foreign Assistance Act of 
1961, including funds appropriated under the heading ``Assistance for 
Europe, Eurasia and Central Asia'', may be used by the United States 
Agency for International Development (USAID) to hire and employ 
individuals in the United States and overseas on a limited appointment 
basis pursuant to the authority of sections 308 and 309 of the Foreign 
Service Act of 1980.

    (b) Restrictions.--
            (1) The number of individuals hired in any fiscal year 
        pursuant to the authority contained in subsection (a) may not 
        exceed 175.
            (2) The <<NOTE: Expiration date.>>  authority to hire 
        individuals contained in subsection (a) shall expire on 
        September 30, 2010.

    (c) Conditions.--The authority of subsection (a) may only be used to 
the extent that an equivalent number of positions that are filled by 
personal services contractors or other non-direct hire employees of 
USAID, who are compensated with funds appropriated to carry out part I 
of the Foreign Assistance Act of 1961, including funds appropriated 
under the heading ``Assistance for Europe, Eurasia and Central Asia'', 
are eliminated.
    (d) Priority Sectors.--In exercising the authority of this section, 
primary emphasis shall be placed on enabling USAID to meet personnel 
positions in technical skill areas currently encumbered by contractor or 
other non-direct hire personnel.
    (e) Consultations.--The USAID Administrator shall consult with the 
Committees on Appropriations at least on a quarterly basis concerning 
the implementation of this section.
    (f) Program Account Charged.--The account charged for the cost of an 
individual hired and employed under the authority of this section shall 
be the account to which such individual's responsibilities primarily 
relate. Funds made available to carry out this section may be 
transferred to, and merged with, funds appropriated by this Act in title 
II under the heading ``Operating Expenses''.
    (g) Foreign Service Limited Extensions.--Individuals hired and 
employed by USAID, with funds made available in this Act or prior Acts 
making appropriations for the Department of State, foreign operations, 
and related programs, pursuant to the authority of section 309 of the 
Foreign Service Act of 1980, may be extended for a period of up to 4 
years notwithstanding the limitation set forth in such section.

[[Page 123 STAT. 897]]

    (h) Junior Officer Placement Authority.--Of the funds made available 
in subsection (a), USAID may use, in addition to funds otherwise 
available for such purposes, up to $15,000,000 to fund overseas support 
costs of members of the Foreign Service with a Foreign Service rank of 
four or below: Provided, That such authority is only used to reduce 
USAID's reliance on overseas personal services contractors or other non-
direct hire employees compensated with funds appropriated to carry out 
part I of the Foreign Assistance Act of 1961, including funds 
appropriated under the heading ``Assistance for Europe, Eurasia and 
Central Asia''.
    (i) Disaster Surge Capacity.--Funds appropriated under title III of 
this Act to carry out part I of the Foreign Assistance Act of 1961, 
including funds appropriated under the heading ``Assistance for Europe, 
Eurasia and Central Asia'', may be used, in addition to funds otherwise 
available for such purposes, for the cost (including the support costs) 
of individuals detailed to or employed by USAID whose primary 
responsibility is to carry out programs in response to natural 
disasters.
    (j) Technical Advisors.--Up to $13,500,000 of the funds made 
available by this Act in title III for assistance under the heading 
``Global Health and Child Survival'', may be used to reimburse United 
States Government agencies, agencies of State governments, institutions 
of higher learning, and private and voluntary organizations for the full 
cost of individuals (including for the personal services of such 
individuals) detailed or assigned to, or contracted by, as the case may 
be, USAID for the purpose of carrying out activities under that heading: 
Provided, That up to $3,500,000 of the funds made available by this Act 
for assistance under the heading ``Development Assistance'' may be used 
to reimburse such agencies, institutions, and organizations for such 
costs of such individuals carrying out other development assistance 
activities.
    (k) Personal Services Contractors.--Funds appropriated by this Act 
to carry out chapter 1 of part I, chapter 4 of part II, and section 667 
of the Foreign Assistance Act of 1961, and title II of the Agricultural 
Trade Development and Assistance Act of 1954, may be used by USAID to 
employ up to 25 personal services contractors in the United States, 
notwithstanding any other provision of law, for the purpose of providing 
direct, interim support for new or expanded overseas programs and 
activities managed by the agency until permanent direct hire personnel 
are hired and trained: <<NOTE: Assignment.>>  Provided, That not more 
than 10 of such contractors shall be assigned to any bureau or office: 
Provided further, That such funds appropriated to carry out title II of 
the Agricultural Trade Development and Assistance Act of 1954, may be 
made available only for personal services contractors assigned to the 
Office of Food for Peace.

    (l) Recruitment Strategy.--Not <<NOTE: Deadline.>>  later than 
December 31, 2009, the USAID Administrator, after consulting with the 
Secretaries of Defense, Treasury, Agriculture, Interior, Energy, and 
Health and Human Services, the Director of the Centers for Disease 
Control and Prevention, the Administrator of the Environmental 
Protection Agency, and the heads of other relevant Federal departments 
and agencies, shall submit to the Committees on Appropriations a 
recruitment strategy for current and former employees from such 
departments and agencies who possess skills and/or overseas experience 
which would enhance USAID's capacity to carry out its 
mission: <<NOTE: Notification.>>  Provided, That funds made available 
under the

[[Page 123 STAT. 898]]

heading ``Operating Expenses'' in title II of this Act may be made 
available to implement the strategy described in the previous proviso, 
subject to the regular notification procedures of the Committees on 
Appropriations.

    (m) Hiring Authority.--Notwithstanding section 307 of the Foreign 
Service Act of 1980, the USAID Administrator may hire up to 30 
individuals under the Development Leadership Initiative: Provided, 
That <<NOTE: Expiration date.>>  the authority contained in this 
subsection shall expire on September 30, 2010.

                        global health activities

    Sec. 7060. (a) Funds appropriated by titles III and IV of this Act 
that are made available for bilateral assistance for child survival 
activities or disease programs including activities relating to research 
on, and the prevention, treatment and control of, HIV/AIDS may be made 
available notwithstanding any other provision of law except for the 
provisions under the heading ``Global Health and Child Survival'' and 
the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended: 
Provided, That of the funds appropriated under title III of this Act, 
not less than $545,000,000 should be made available for family planning/
reproductive health.
    (b) Notwithstanding <<NOTE: Reports.>>  any other provision of this 
Act, 10 percent of the funds that are appropriated by this Act for a 
contribution to support the Global Fund to Fight AIDS, Tuberculosis and 
Malaria (the ``Global Fund'') shall be withheld from obligation to the 
Global Fund until the Secretary of State reports to the Committees on 
Appropriations that the Global Fund--
            (1) is releasing incremental disbursements only if grantees 
        demonstrate progress against clearly defined performance 
        indicators; and
            (2) is implementing a reporting system that breaks down 
        grantee budget allocations by programmatic activity.


                       DEVELOPMENT GRANTS PROGRAM


    Sec. 7061. Of the funds appropriated by this Act under the heading 
``Development Assistance'', not less than $40,000,000 shall be made 
available for the Development Grants Program established pursuant to 
section 674 of the Department of State, Foreign Operations, and Related 
Programs Appropriations Act, 2008 (division J of Public Law 110-161): 
Provided, That funds made available under this section are in addition 
to other funds available for such purposes including funds designated by 
this Act by section 7065.

                          women in development

    Sec. 7062. (a) Programs funded under title III of this Act should 
include, where appropriate, gender considerations in the planning, 
assessment, implementation, monitoring and evaluation of such programs.
    (b) Funds made available under title III of this Act should be made 
available to support programs to enhance economic opportunities for poor 
women in developing countries, including increasing the number and 
capacity of women-owned enterprises, improving property rights for 
women, increasing access to financial

[[Page 123 STAT. 899]]

services, and improving women's ability to participate in the global 
economy.

                          gender-based violence

    Sec. 7063. (a) Funds appropriated under the headings ``Development 
Assistance'' and ``Economic Support Fund'' in this Act shall be made 
available for programs to address sexual and gender-based violence.
    (b) Programs and activities funded under titles III and IV of this 
Act that provide training for foreign police, judicial, and military 
officials shall address, where appropriate, gender-based violence.

                                education

    Sec. 7064. (a) Basic Education.--
            (1) Of the funds appropriated by title III of this Act and 
        by prior Acts for fiscal year 2009, not less than $700,000,000 
        should be made available for assistance for basic education, of 
        which not less than $400,000,000 shall be made available under 
        the heading ``Development Assistance''.
            (2) There <<NOTE: Continuation. 22 USC 2651a note.>>  shall 
        continue to be a Coordinator of United States government actions 
        to provide basic education assistance in developing countries as 
        established in section 664 of division J of Public Law 110-161.
            (3) Funds <<NOTE: Strategic plan.>>  appropriated for basic 
        education in this Act shall be made available for a pilot 
        program in three countries to develop and evaluate the 
        effectiveness and implementation of a 5-year basic education 
        strategic plan.

    (b) Higher Education.--Of the funds appropriated by title III of 
this Act and by prior Acts for fiscal year 2009, not less than 
$133,000,000 shall be made available for assistance for higher 
education.


                         reconciliation programs


    Sec. 7065. Of the funds appropriated under the headings 
``Development Assistance'' and ``Economic Support Fund'' in this Act, 
$25,000,000 shall be made available for reconciliation programs which 
bring together and facilitate interaction between individuals of 
different ethnic, religious and political backgrounds from areas of 
civil conflict and war, of which $9,000,000 shall be made available for 
such programs in the Middle East: <<NOTE: Consultation.>>  Provided, 
That the Administrator of the United States Agency for International 
Development shall consult with the Committees on Appropriations, prior 
to the initial obligation of funds, on the most effective uses of such 
funds.

                    comprehensive expenditures report

    Sec. 7066. Not later than 180 days after the date of enactment of 
this Act, the Secretary of State shall submit a report to the Committees 
on Appropriations detailing the total amount of United States Government 
expenditures in fiscal years 2007 and 2008, by Federal agency, for 
assistance programs and activities in each foreign country, identifying 
the line item as presented in the President's Budget Appendix and the 
purpose for which the funds were

[[Page 123 STAT. 900]]

provided: Provided, That if required, information may be submitted in 
classified form.

                         requests for documents

    Sec. 7067. None of the funds appropriated or made available pursuant 
to titles III through VI of this Act shall be available to a 
nongovernmental organization, including any contractor, which fails to 
provide upon timely request any document, file, or record necessary to 
the auditing requirements of the United States Agency for International 
Development.


                      senior policy operating group


    Sec. 7068. (a) The Senior Policy Operating Group on Trafficking in 
Persons, established under section 105(f) of the Victims of Trafficking 
and Violence Protection Act of 2000 (22 U.S.C. 7103(f)) to coordinate 
agency activities regarding policies (including grants and grant 
policies) involving the international trafficking in persons, shall 
coordinate all such policies related to the activities of traffickers 
and victims of severe forms of trafficking.
    (b) None of the funds provided under title I of this or any other 
Act making appropriations for the Department of State, foreign 
operations, and related programs shall be expended to perform functions 
that duplicate coordinating responsibilities of the Operating Group.
    (c) The Operating Group shall continue to report only to the 
authorities that appointed them pursuant to section 105(f).

                      prohibition on use of torture

    Sec. 7069. None of the funds made available in this Act shall be 
used in any way whatsoever to support or justify the use of torture, 
cruel or inhumane treatment by any official or contract employee of the 
United States Government.

                                 africa

    Sec. 7070. (a) Expanded International Military Education and 
Training.--
            (1) Funds appropriated under the heading ``International 
        Military Education and Training'' in this Act that are made 
        available for assistance for Angola, Cameroon, Central African 
        Republic, Chad, Cote D'Ivoire, and Guinea may be made available 
        only for expanded international military education and training.
            (2) None of the funds appropriated under the heading 
        ``International Military Education and Training'' in this Act 
        may be made available for assistance for Equatorial Guinea.

    (b)(1) Sudan Limitation on Assistance.--Subject to subsection (2):
            (A) Notwithstanding any other provision of law, none of the 
        funds appropriated by this Act may be made available for 
        assistance for the Government of Sudan.
            (B) None of the funds appropriated by this Act may be made 
        available for the cost, as defined in section 502, of the 
        Congressional Budget Act of 1974, of modifying loans and loan 
        guarantees held by the Government of Sudan, including the

[[Page 123 STAT. 901]]

        cost of selling, reducing, or canceling amounts owed to the 
        United States, and modifying concessional loans, guarantees, and 
        credit agreements.

    (2) Subsection <<NOTE: Determination. Certification.>>  (b)(1) shall 
not apply if the Secretary of State determines and certifies to the 
Committees on Appropriations that:
            (A) The Government of Sudan honors its pledges to cease 
        attacks upon civilians and disarms and demobilizes the Janjaweed 
        and other government-supported militias.
            (B) The Government of Sudan and all government-supported 
        militia groups are honoring their commitments made in all 
        previous cease-fire agreements.
            (C) The Government of Sudan is allowing unimpeded access to 
        Darfur to humanitarian aid organizations, the human rights 
        investigation and humanitarian teams of the United Nations, 
        including protection officers, and an international monitoring 
        team that is based in Darfur and has the support of the United 
        States.

    (3) Exceptions.--The provisions of subsection (b)(1) shall not apply 
to--
            (A) humanitarian assistance;
            (B) assistance for the Darfur region, Southern Sudan, 
        Southern Kordofan/Nuba Mountains State, Blue Nile State, and 
        Abyei; and
            (C) assistance to support implementation of the 
        Comprehensive Peace Agreement and the Darfur Peace Agreement or 
        any other internationally-recognized viable peace agreement in 
        Sudan.

    (4) Definitions.--For the purposes of this Act, the term 
``Government of Sudan'' shall not include the Government of Southern 
Sudan.
    (5) Notwithstanding any other law, assistance in this Act may be 
made available to the Government of Southern Sudan to provide non-lethal 
military assistance, military education and training, and defense 
services controlled under the International Traffic in Arms Regulations 
(22 CRF 120.1 et seq.) if the Secretary of State--
            (A) determines <<NOTE: Determination.>>  that the provision 
        of such items is in the national interest of the United States; 
        and
            (B) not <<NOTE: Deadline. Notification.>>  later than 15 
        days before the provision of any such assistance, notifies the 
        Committees on Appropriations of such determination.

    (c) Horn of Africa and Pan Sahel Program.--Funds appropriated under 
the heading ``Economic Support Fund'' in this Act that are made 
available for programs and activities to counter extremism in the Horn 
of Africa and the Pan Sahel region of Africa, shall be administered by 
the United States Agency for International Development, and are in 
addition to funds otherwise made available for such purposes.
(d) War Crimes in Africa.--
            (1) The Congress reaffirms its support for the efforts of 
        the International Criminal Tribunal for Rwanda (ICTR) and the 
        Special Court for Sierra Leone (SCSL) to bring to justice 
        individuals responsible for war crimes and crimes against 
        humanity in a timely manner.
            (2) Funds <<NOTE: Determination. Reports.>>  appropriated by 
        this Act, including funds for debt restructuring, may be made 
        available for assistance for the central government of a country 
        in which individuals indicted by ICTR and SCSL are credibly 
        alleged to be living,

[[Page 123 STAT. 902]]

        if the Secretary of State determines and reports to the 
        Committees on Appropriations that such government is cooperating 
        with ICTR and SCSL, including the surrender and transfer of 
        indictees in a timely manner: Provided, That this subsection 
        shall not apply to assistance provided under section 551 of the 
        Foreign Assistance Act of 1961 or to project assistance under 
        title VI of this Act: Provided further, That the United States 
        shall use its voice and vote in the United Nations Security 
        Council to fully support efforts by ICTR and SCSL to bring to 
        justice individuals indicted by such tribunals in a timely 
        manner.
            (3) The <<NOTE: Waiver authority. President.>>  prohibition 
        in subsection (2) may be waived on a country-by-country basis if 
        the President determines that doing so is in the national 
        security interest of the United States: <<NOTE: Reports.>>  
        Provided, That prior to exercising such waiver authority, the 
        President shall submit a report to the Committees on 
        Appropriations, in classified form if necessary, on--
                    (A) the steps being taken to obtain the cooperation 
                of the government in surrendering the indictee in 
                question to the court of jurisdiction;
                    (B) a strategy, including a timeline, for bringing 
                the indictee before such court; and
                    (C) the justification for exercising the waiver 
                authority.

    (e) Zimbabwe.--
            (1) The <<NOTE: Loans. Determination. Reports. 22 USC 2151 
        note.>>  Secretary of the Treasury shall instruct the United 
        States executive director to each international financial 
        institution to vote against any extension by the respective 
        institution of any loans to the Government of Zimbabwe, except 
        to meet basic human needs or to promote democracy, unless the 
        Secretary of State determines and reports in writing to the 
        Committees on Appropriations that the rule of law has been 
        restored in Zimbabwe, including respect for ownership and title 
        to property, freedom of speech and association, and a transition 
        government has been established that reflects the will of the 
        people as they voted in the March 2008 elections.
            (2) None <<NOTE: Determination.>>  of the funds appropriated 
        by this Act shall be made available for assistance for the 
        central government of Zimbabwe unless the Secretary of State 
        makes the determination pursuant to subsection (e)(1).

                                  asia

    Sec. 7071. (a) Tibet.--
            (1) The Secretary of the Treasury should instruct the United 
        States executive director to each international financial 
        institution to use the voice and vote of the United States to 
        support projects in Tibet if such projects do not provide 
        incentives for the migration and settlement of non-Tibetans into 
        Tibet or facilitate the transfer of ownership of Tibetan land 
        and natural resources to non-Tibetans; are based on a thorough 
        needs-assessment; foster self-sufficiency of the Tibetan people 
        and respect Tibetan culture and traditions; and are subject to 
        effective monitoring.
            (2) Notwithstanding any other provision of law, not less 
        than $7,300,000 of the funds appropriated by this Act under the 
        heading ``Economic Support Fund'' should be made available to 
        nongovernmental organizations to support activities which

[[Page 123 STAT. 903]]

        preserve cultural traditions and promote sustainable development 
        and environmental conservation in Tibetan communities in the 
        Tibetan Autonomous Region and in other Tibetan communities in 
        China.

    (b) Burma.--
            (1) The <<NOTE: Loans. 50 USC 1701 note.>>  Secretary of the 
        Treasury shall instruct the United States executive director to 
        each appropriate international financial institution in which 
        the United States participates, to oppose and vote against the 
        extension by such institution any loan or financial or technical 
        assistance or any other utilization of funds of the respective 
        bank to and for Burma.
            (2) Of the funds appropriated by this Act under the heading 
        ``Economic Support Fund'', not less than $15,000,000 shall be 
        made available to support democracy activities in Burma, along 
        the Burma-Thailand border, for activities of Burmese student 
        groups and other organizations located outside Burma, and for 
        the purpose of supporting the provision of humanitarian 
        assistance to displaced Burmese along Burma's borders: Provided, 
        That such funds may be made available notwithstanding any other 
        provision of law: <<NOTE: Thailand.>>  Provided further, That in 
        addition to assistance for Burmese refugees provided under the 
        heading ``Migration and Refugee Assistance'' in this Act, not 
        less than $4,000,000 shall be made available for community-based 
        organizations operating in Thailand to provide food, medical and 
        other humanitarian assistance to internally displaced persons in 
        eastern Burma: <<NOTE: Notification.>>  Provided further, That 
        funds made available under this paragraph shall be subject to 
        the regular notification procedures of the Committees on 
        Appropriations.

    (c) Indonesia.--
            (1) Of <<NOTE: Reports.>>  the funds appropriated by this 
        Act under the heading ``Foreign Military Financing Program'', 
        not to exceed $15,700,000 shall be made available for assistance 
        for Indonesia, of which $2,000,000 shall be made available only 
        after the Secretary of State submits to the Committees on 
        Appropriations the report on Indonesia detailed in the 
        explanatory statement described in section 4 (in the matter 
        preceding division A of this consolidated Act) under such 
        heading.
            (2) Of the funds appropriated by this Act under the heading 
        ``Economic Support Fund'' that are available for assistance for 
        Indonesia, not less than $300,000 should be made available for 
        grants for capacity building of Indonesian human rights 
        organizations, including in Papua.

    (d) Cambodia.--Funds <<NOTE: Human trafficking.>>  appropriated 
under the heading ``Economic Support Fund'' in this Act for assistance 
for Cambodia may be used for an endowment, and shall be made available 
to strengthen the capacity of the Government of Cambodia to combat human 
trafficking, notwithstanding any other provision of law.

    (e) North Korea.--
            (1) Funds <<NOTE: Refugees.>>  made available under the 
        heading ``Migration and Refugee Assistance'' in this Act shall 
        be made available for assistance for refugees from North Korea.
            (2) Of the funds made available under the heading 
        ``International Broadcasting Operations'' in title I of this 
        Act, not less than $8,000,000 shall be made available for 
        broadcasts into North Korea.
            (3) None <<NOTE: Energy. Determination. Reports.>>  of the 
        funds made available under the heading ``Economic Support Fund'' 
        in fiscal year 2009 may be made

[[Page 123 STAT. 904]]

        available for obligation for energy-related assistance for North 
        Korea unless the Secretary of State determines and reports to 
        the Committees on Appropriations that North Korea is continuing 
        to fulfill its commitments under the Six Party Talks agreements.

    (f) People's Republic of China.--
            (1) Notwithstanding <<NOTE: Notification.>>  any other 
        provision of law and subject to the regular notification 
        procedures of the Committees on Appropriations, of the funds 
        appropriated under the heading ``Development Assistance'' in 
        this Act, not less than $11,000,000 shall be made available to 
        United States educational institutions and nongovernmental 
        organizations for programs and activities in the People's 
        Republic of China relating to the environment, governance and 
        the rule of law.
            (2) None <<NOTE: Exports and 
        imports. Deadline. Notification.>>  of the funds appropriated 
        under the heading ``Diplomatic and Consular Programs'' in this 
        Act may be obligated or expended for processing licenses for the 
        export of satellites of United States origin (including 
        commercial satellites and satellite components) to the People's 
        Republic of China unless, at least 15 days in advance, the 
        Committees on Appropriations are notified of such proposed 
        action.
            (3) Not <<NOTE: Deadline. Reports. Web posting. Mandarin.>>  
        later than 180 days after enactment of this Act, the Secretary 
        of State shall submit a report to the Committees on 
        Appropriations detailing, to the extent practicable, the amount 
        of assistance provided by the People's Republic of China to 
        governments and entities in Latin America and Africa during the 
        previous calendar year, and shall make such report publicly 
        available in a timely manner on the website of the Department of 
        State and the United States Agency for International Development 
        in English and Mandarin.
            (4) Of <<NOTE: Mandarin.>>  the funds appropriated under the 
        heading ``Diplomatic and Consular Programs'' in this Act, 
        $1,000,000 shall be made available to the Bureau of 
        International Information Programs to disseminate information, 
        in Mandarin, in the People's Republic of China: <<NOTE: Web 
        posting. Text messaging.>>  Provided, That such information 
        shall include issues of governance, transparency, corruption, 
        rule of law, and the environment, and the findings of the report 
        required by paragraph (3) of this subsection, and shall be 
        disseminated through the Internet, text messaging or other 
        means, and directed to economically depressed areas of the 
        People's Republic of China: Provided further, That such funds 
        are in addition to funds otherwise made available for such 
        purposes: <<NOTE: Consultation.>>  Provided further, That the 
        Department of State shall consult with the Committees on 
        Appropriations prior to the initial obligation of funds made 
        available by this subsection.
            (5) The <<NOTE: Applicability. People's Liberation Army.>>  
        terms and requirements of section 620(h) of the Foreign 
        Assistance Act of 1961 shall apply to foreign assistance 
        projects or activities of the People's Liberation Army (PLA) of 
        the People's Republic of China, to include such projects or 
        activities by any entity that is owned or controlled by, or an 
        affiliate of, the PLA: Provided, That none of the funds 
        appropriated or otherwise made available pursuant to this Act 
        may be used to finance any grant, contract, or cooperative 
        agreement with the PLA, or any entity that the Secretary of 
        State has reason to believe is owned or controlled by, or an 
        affiliate of, the PLA.

[[Page 123 STAT. 905]]

    (g) Philippines.--Of <<NOTE: Reports.>>  the funds appropriated by 
this Act under the heading ``Foreign Military Financing Program'', not 
to exceed $30,000,000 may be made available for assistance for the 
Philippines, of which $2,000,000 may not be obligated until the 
Secretary of State reports in writing to the Committees on 
Appropriations that--
            (1) the Government of the Philippines is taking effective 
        steps to implement the recommendations of the United Nations 
        Special Rapporteur on Extra-judicial, Summary or Arbitrary 
        Executions, to include prosecutions and convictions for 
        extrajudicial executions; sustaining the decline in the number 
        of extra-judicial executions; addressing allegations of a death 
        squad in Davao City; and strengthening government institutions 
        working to eliminate extra-judicial executions;
            (2) the Government of the Philippines is implementing a 
        policy of promoting military personnel who demonstrate 
        professionalism and respect for internationally recognized human 
        rights, and is investigating and prosecuting military personnel 
        and others who have been credibly alleged to have violated such 
        rights; and
            (3) the Philippine Armed Forces do not have a policy of, and 
        are not engaging in, acts of intimidation or violence against 
        members of legal organizations who advocate for human rights.

    (h) Vietnam.--Notwithstanding any other provision of law, funds 
appropriated under the heading ``Development Assistance'' in this Act 
may be made available for programs and activities in the central 
highlands of Vietnam, and shall be made available for environmental 
remediation and related health activities in Vietnam.


                                 serbia


    Sec. 7072. (a) Funds appropriated by this Act may be made available 
for assistance for the central Government of Serbia after May 31, 2009, 
if the President has made the determination and certification contained 
in subsection (c).
    (b) After May 31, 2009, the Secretary of the Treasury should 
instruct the United States executive directors to the international 
financial institutions to support loans and assistance to the Government 
of Serbia subject to the conditions in subsection (c).
    (c) The <<NOTE: Determination. Certification. Ratko Mladic.>>  
determination and certification referred to in subsection (a) is a 
determination and a certification by the President to the Committees on 
Appropriations that the Government of Serbia is--
            (1) cooperating with the International Criminal Tribunal for 
        the former Yugoslavia including access for investigators, the 
        provision of documents, timely information on the location, 
        movement, and sources of financial support of indictees, and the 
        surrender and transfer of indictees or assistance in their 
        apprehension, including Ratko Mladic;
            (2) taking steps that are consistent with the Dayton Accords 
        to end Serbian financial, political, security and other support 
        which has served to maintain separate Republika Srpska 
        institutions; and
            (3) taking steps to implement policies which reflect a 
        respect for minority rights and the rule of law.

    (d) This section shall not apply humanitarian assistance or 
assistance to promote democracy.

[[Page 123 STAT. 906]]

              independent states of the former soviet union

    Sec. 7073. (a) None of the funds appropriated under the heading 
``Assistance for Europe, Eurasia and Central Asia'' shall be made 
available for assistance for a government of an Independent State of the 
former Soviet Union if that government directs any action in violation 
of the territorial integrity or national sovereignty of any other 
Independent State of the former Soviet Union, such as those violations 
included in the Helsinki Final Act: <<NOTE: President. Determination.>>  
Provided, That such funds may be made available without regard to the 
restriction in this subsection if the President determines that to do so 
is in the national security interest of the United States.

    (b) Funds <<NOTE: Notification.>>  appropriated under the heading 
``Assistance for Europe, Eurasia and Central Asia'' for the Russian 
Federation, Armenia, Kazakhstan, and Uzbekistan shall be subject to the 
regular notification procedures of the Committees on Appropriations.

    (c)(1) Of <<NOTE: President. Determination. Certification.>>  the 
funds appropriated under the heading ``Assistance for Europe, Eurasia 
and Central Asia'' that are allocated for assistance for the Government 
of the Russian Federation, 60 percent shall be withheld from obligation 
until the President determines and certifies in writing to the 
Committees on Appropriations that the Government of the Russian 
Federation--
            (A) has terminated implementation of arrangements to provide 
        Iran with technical expertise, training, technology, or 
        equipment necessary to develop a nuclear reactor, related 
        nuclear research facilities or programs, or ballistic missile 
        capability; and
            (B) is providing full access to international non-government 
        organizations providing humanitarian relief to refugees and 
        internally displaced persons in Chechnya.

    (2) Paragraph (1) shall not apply to--
            (A) assistance to combat infectious diseases, child survival 
        activities, or assistance for victims of trafficking in persons; 
        and
            (B) activities authorized under title V (Nonproliferation 
        and Disarmament Programs and Activities) of the FREEDOM Support 
        Act.

    (d) Section 907 of the FREEDOM Support Act shall not apply to--
            (1) activities to support democracy or assistance under 
        title V of the FREEDOM Support Act and section 1424 of Public 
        Law 104-201 or non-proliferation assistance;
            (2) any assistance provided by the Trade and Development 
        Agency under section 661 of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2421);
            (3) any activity carried out by a member of the United 
        States and Foreign Commercial Service while acting within his or 
        her official capacity;
            (4) any insurance, reinsurance, guarantee or other 
        assistance provided by the Overseas Private Investment 
        Corporation under title IV of chapter 2 of part I of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
            (5) any financing provided under the Export-Import Bank Act 
        of 1945; or
            (6) humanitarian assistance.

[[Page 123 STAT. 907]]

                  repression in the russian federation

    Sec. 7074. (a) <<NOTE: Time 
period. President. Determination. Certification.>>  None of the funds 
appropriated under the heading ``Assistance for Europe, Eurasia and 
Central Asia'' in this Act may be made available for the Government of 
the Russian Federation, after 180 days from the date of the enactment of 
this Act, unless the President determines and certifies in writing to 
the Committees on Appropriations that the Government of the Russian 
Federation: (1) has implemented no statute, Executive order, regulation 
or similar government action that would discriminate, or which has as 
its principal effect discrimination, against religious groups or 
religious communities in the Russian Federation in violation of accepted 
international agreements on human rights and religious freedoms to which 
the Russian Federation is a party; and (2) is (A) honoring its 
international obligations regarding freedom of expression, assembly, and 
press, as well as due process; (B) investigating and prosecuting law 
enforcement personnel credibly alleged to have committed human rights 
abuses against political leaders, activists and journalists; and (C) 
immediately releasing political leaders, activists and journalists who 
remain in detention.

    (b) The <<NOTE: Waiver authority. Determination.>>  Secretary of 
State may waive the requirements of subsection (a) if the Secretary 
determines that to do so is important to the national interests of the 
United States.

                              central asia

    Sec. 7075. (a) <<NOTE: Kazakhstan. Determinations. Reports.>>  Funds 
appropriated by this Act may be made available for assistance for the 
Government of Kazakhstan only if the Secretary of State determines and 
reports to the Committees on Appropriations that the Government of 
Kazakhstan has made significant improvements in the protection of human 
rights and civil liberties during the preceding 6 month period, 
including by fulfilling obligations recommended by the Organization for 
Security and Cooperation in Europe (OSCE) in the areas of election 
procedures, media freedom, freedom of religion, free assembly and 
minority rights, and by meeting the commitments it made in connection 
with its assumption of the Chairmanship of the OSCE in 2010.

    (b) The <<NOTE: Waiver authority.>>  Secretary of State may waive 
subsection (a) if the Secretary determines and reports to the Committees 
on Appropriations that such a waiver is important to the national 
security of the United States.

    (c) Not <<NOTE: Deadline.>>  later than October 1, 2009, the 
Secretary of State shall submit a report to the Committees on 
Appropriations describing the following:
            (1) The defense articles, defense services, and financial 
        assistance provided by the United States to the countries of 
        Central Asia during the 12-month period ending 30 days prior to 
        submission of such report.
            (2) The use during such period of defense articles, defense 
        services, and financial assistance provided by the United States 
        by units of the armed forces, border guards, or other security 
        forces of such countries.

    (d) For <<NOTE: Definition.>>  purposes of this section, the term 
``countries of Central Asia'' means Uzbekistan, Kazakhstan, Kyrgyz 
Republic, Tajikistan, and Turkmenistan.

[[Page 123 STAT. 908]]

                               uzbekistan

    Sec. 7076. (a) <<NOTE: Human rights. Determinations. Reports.>>  
Funds appropriated by this Act may be made available for assistance for 
the central Government of Uzbekistan only if the Secretary of State 
determines and reports to the Committees on Appropriations that the 
Government of Uzbekistan is making substantial and continuing progress--
            (1) in meeting its commitments under the ``Declaration on 
        the Strategic Partnership and Cooperation Framework Between the 
        Republic of Uzbekistan and the United States of America'', 
        including respect for internationally recognized human rights, 
        establishing a genuine multi-party system, and ensuring free and 
        fair elections, freedom of expression, and the independence of 
        the media; and
            (2) in investigating and prosecuting the individuals 
        responsible for the deliberate killings of civilians in Andijan 
        in May 2005.

    (b) If <<NOTE: Deadline.>>  the Secretary of State has credible 
evidence that any current or former official of the Government of 
Uzbekistan was responsible for the deliberate killings of civilians in 
Andijan in May 2005, or for other violations of internationally 
recognized human rights in Uzbekistan, not later than 6 months after 
enactment of this Act any person identified by the Secretary pursuant to 
this subsection shall be ineligible for admission to the United States.

    (c) The restriction in subsection (b) shall cease to apply if the 
Secretary determines and reports to the Committees on Appropriations 
that the Government of Uzbekistan has taken concrete and measurable 
steps to improve respect for internationally recognized human rights, 
including allowing peaceful political and religious expression, 
releasing imprisoned human rights defenders, and implementing 
recommendations made by the United Nations on torture.
    (d) The <<NOTE: Waiver authority.>>  Secretary may waive the 
application of subsection (b) if the Secretary determines that admission 
to the United States is necessary to attend the United Nations or to 
further United States law enforcement objectives.

    (e) For <<NOTE: Definition.>>  the purpose of this section 
``assistance'' shall include excess defense articles.

                               afghanistan

    Sec. 7077. Of the funds appropriated under titles III and IV of this 
Act, not less than $1,041,950,000 should be made available for 
assistance for Afghanistan, of which not less than $100,000,000 shall be 
made available to support programs that directly address the needs of 
Afghan women and girls, including for the Afghan Independent Human 
Rights Commission, the Afghan Ministry of Women's Affairs, and for 
women-led nonprofit organizations in Afghanistan.

                            enterprise funds

    Sec. 7078. (a) <<NOTE: President. Notification. Distribution 
plan.>>  Prior to the distribution of any assets resulting from any 
liquidation, dissolution, or winding up of an Enterprise Fund, in whole 
or in part, the President shall submit to the Committees on 
Appropriations, in accordance with the regular notification

[[Page 123 STAT. 909]]

procedures of the Committees on Appropriations, a plan for the 
distribution of the assets of the Enterprise Fund.

    (b) Funds made available under titles III through VI of this Act for 
Enterprise Funds shall be expended at the minimum rate necessary to make 
timely payment for projects and activities and shall be subject to the 
regular notification procedures of the Committees on Appropriations.

                     united nations population fund

    Sec. 7079. (a) Contribution.--Of the funds made available under the 
headings ``International Organizations and Programs'' and ``Global 
Health and Child Survival'' in this Act for fiscal year 2009, 
$50,000,000 shall be made available for the United Nations Population 
Fund (UNFPA), of which not more than $30,000,000 shall be derived from 
funds appropriated under the heading ``International Organizations and 
Programs''.
    (b) Availability of Funds.--Funds <<NOTE: Notification.>>  
appropriated by this Act for UNFPA, that are not made available because 
of the operation of any provision of law, shall be made available to 
UNFPA notwithstanding any such provision of law, subject to the regular 
notification procedures of the Committees on Appropriations, only for 
the following purposes and subject to the provisions of this section--
            (1) provide and distribute equipment, medicine, and 
        supplies, including safe delivery kits and hygiene kits, to 
        ensure safe childbirth and emergency obstetric care;
            (2) make available supplies of contraceptives for the 
        prevention of unintended pregnancies and the spread of sexually 
        transmitted infections, including HIV/AIDS;
            (3) prevent and treat cases of obstetric fistula;
            (4) reestablish maternal health services in areas where 
        medical infrastructure and such services have been destroyed or 
        limited by natural disasters, armed conflict, or other factors;
            (5) promote abandonment of female genital mutilation and 
        cutting and child marriage; and
            (6) promote access to basic services, including clean water, 
        sanitation facilities, food, and health care, for poor women and 
        girls.

    (c) Prohibition on Use of Funds in China.--None of the funds made 
available by this Act may be used by UNFPA for a country program in the 
People's Republic of China.
    (d) Conditions on Availability of Funds.--Funds made available by 
this Act for UNFPA may be made available if--
            (1) UNFPA maintains funds made available by this Act in an 
        account separate from other accounts of UNFPA and does not 
        commingle such funds with other sums; and
            (2) UNFPA <<NOTE: Abortion.>>  does not fund abortions.

    (e) Report to Congress and Witholding of Funds.--
            (1) Not later than 60 days after the date of enactment of 
        this Act, the Secretary of State shall submit a report to the 
        Committees on Appropriations indicating the amount of funds that 
        the UNFPA is budgeting for the year in which the report is 
        submitted for a country program in the People's Republic of 
        China.
            (2) If the report under this subparagraph indicates that the 
        UNFPA plans to spend funds for a country program in the People's 
        Republic of China in the year covered by the

[[Page 123 STAT. 910]]

        report, then the amount of such funds the UNFPA plans to spend 
        in the People's Republic of China shall be deducted from the 
        funds made available to the UNFPA after March 1 for obligation 
        for the remainder of the fiscal year in which the report is 
        submitted.


                 prohibition on publicity or propaganda


    Sec. 7080. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes within the United States 
not authorized before the date of the enactment of this Act by the 
Congress: Provided, That not to exceed $25,000 may be made available to 
carry out the provisions of section 316 of Public Law 96-533.


                                  opic


                      (including transfer of funds)


    Sec. 7081. <<NOTE: Termination date. 22 USC 2194 note.>>  (a) 
Authority.--Notwithstanding section 235(a)(2) of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2195(a)(2)), the authority of subsections (a) 
through (c) of section 234 of such Act shall remain in effect through 
September 30, 2009.

    (b) Funding.--Whenever <<NOTE: President. Determination.>>  the 
President determines that it is in furtherance of the purposes of the 
Foreign Assistance Act of 1961, up to a total of $20,000,000 of the 
funds appropriated under title III of this Act may be transferred to, 
and merged with, funds appropriated by this Act for the Overseas Private 
Investment Corporation Program Account, to be subject to the terms and 
conditions of that account: Provided, That such funds shall not be 
available for administrative expenses of the Overseas Private Investment 
Corporation: Provided further, That designated funding levels in this 
Act shall not be transferred pursuant to this 
section: <<NOTE: Notification.>>  Provided further, That the exercise of 
such authority shall be subject to the regular notification procedures 
of the Committees on Appropriations.

                               extradition

    Sec. 7082. (a) None of the funds appropriated in this Act may be 
used to provide assistance (other than funds provided under the headings 
``International Narcotics Control and Law Enforcement'', ``Migration and 
Refugee Assistance'', ``Emergency Migration and Refugee Assistance'', 
and ``Nonproliferation, Anti-terrorism, Demining and Related 
Assistance'') for the central government of a country which has notified 
the Department of State of its refusal to extradite to the United States 
any individual indicted for a criminal offense for which the maximum 
penalty is life imprisonment without the possibility of parole or for 
killing a law enforcement officer, as specified in a United States 
extradition request.
    (b) Subsection <<NOTE: Applicability.>>  (a) shall only apply to the 
central government of a country with which the United States maintains 
diplomatic relations and with which the United States has an extradition 
treaty and the government of that country is in violation of the terms 
and conditions of the treaty.

    (c) The <<NOTE: Waiver authority. Certification.>>  Secretary of 
State may waive the restriction in subsection (a) on a case-by-case 
basis if the Secretary certifies to

[[Page 123 STAT. 911]]

the Committees on Appropriations that such waiver is important to the 
national interests of the United States.


                         ENERGY AND ENVIRONMENT


    Sec. 7083. (a) Clean Energy.--Of the funds appropriated by title III 
of this Act, not less than $100,000,000 shall be made available to the 
United States Agency for International Development (USAID), in addition 
to funds otherwise made available for such purposes, for programs and 
activities that reduce global warming by promoting the sustainable use 
of renewable energy technologies and energy efficient end-use 
technologies, carbon sequestration, and carbon accounting.
    (b) Climate Change Adaptation.--Of <<NOTE: Web 
posting. Deadline. Reports.>>  the funds appropriated by this Act, up to 
$10,000,000 shall be made available for a United States contribution to 
the Least Developed Countries Fund to support grants for climate change 
adaptation programs and activities, if the Global Environment Facility 
makes publicly available on its website an annual report detailing the 
criteria used to determine which programs and activities receive funds, 
the manner in which such programs and activities meet such criteria, the 
extent of local involvement in such programs and activities, the amount 
of funds provided, and the results achieved.

    (c) Biodiversity.--Of the funds appropriated by title III of this 
Act and by prior Acts for fiscal year 2009, not less than $195,000,000 
shall be made available for programs and activities which directly 
protect biodiversity, including tropical forests and wildlife, in 
developing countries, of which not less than $25,000,000 shall be made 
available for USAID's conservation programs in the Amazon Basin: 
Provided, That of the funds made available under this paragraph, not 
less than $17,500,000 shall be made available for the Congo Basin Forest 
Partnership of which not less than $2,500,000 shall be made available to 
the United States Fish and Wildlife Service for conservation programs in 
Africa: Provided further, That funds appropriated by this Act to carry 
out the provisions of sections 103 through 106, and chapter 4 of part 
II, of the Foreign Assistance Act of 1961 may be used, notwithstanding 
any other provision of law, for the purpose of supporting tropical 
forestry and biodiversity conservation activities and energy programs 
aimed at reducing greenhouse gas emissions: Provided further, That funds 
appropriated under the heading ``Development Assistance'' may be made 
available as a contribution to the Galapagos Invasive Species Fund.
    (d)(1) Extraction of Natural Resources.--The Secretary of the 
Treasury shall inform the managements of the international financial 
institutions and the public that it is the policy of the United States 
to oppose any assistance by such institutions (including but not limited 
to any loan, credit, grant, or guarantee) for the extraction and export 
of oil, gas, coal, timber, or other natural resource unless the 
government of the country has in place functioning systems for: (i) 
accurately accounting for payments for companies involved in the 
extraction and export of natural resources; (ii) the independent 
auditing of accounts receiving such payments and the widespread public 
dissemination of the findings of such audits; and (iii) verifying 
government receipts against company payments including widespread 
dissemination of such payment information, and disclosing such documents 
as Host Government Agreements, Concession Agreements, and bidding 
documents,

[[Page 123 STAT. 912]]

allowing in any such dissemination or disclosure for the redaction of, 
or exceptions for, information that is commercially proprietary or that 
would create competitive disadvantage.
    (2) Not <<NOTE: Deadline. Reports.>>  later than 180 days after the 
enactment of this Act, the Secretary of the Treasury shall submit a 
report to the Committees on Appropriations describing, for each 
international financial institution, the amount and type of assistance 
provided, by country, for the extraction and export of oil, gas, coal, 
timber, or other natural resources in the preceeding 12 months, and 
whether each institution considered, in its proposal for such 
assistance, the extent to which the country has functioning systems 
described in paragraph (1).

                   prohibition on promotion of tobacco

    Sec. 7084. None of the funds provided by this Act shall be available 
to promote the sale or export of tobacco or tobacco products, or to seek 
the reduction or removal by any foreign country of restrictions on the 
marketing of tobacco or tobacco products, except for restrictions which 
are not applied equally to all tobacco or tobacco products of the same 
type.


                 commercial leasing of defense articles


    Sec. 7085. <<NOTE: Notification. President. Determination.>>  
Notwithstanding any other provision of law, and subject to the regular 
notification procedures of the Committees on Appropriations, the 
authority of section 23(a) of the Arms Export Control Act may be used to 
provide financing to Israel, Egypt and NATO and major non-NATO allies 
for the procurement by leasing (including leasing with an option to 
purchase) of defense articles from United States commercial suppliers, 
not including Major Defense Equipment (other than helicopters and other 
types of aircraft having possible civilian application), if the 
President determines that there are compelling foreign policy or 
national security reasons for those defense articles being provided by 
commercial lease rather than by government-to-government sale under such 
Act.


                            anti-kleptocracy


    Sec. 7086. (a) <<NOTE: Records. 8 USC 1182 note.>>  In furtherance 
of the National Strategy to Internationalize Efforts Against Kleptocracy 
and Presidential Proclamation 7750, the Secretary of State shall compile 
and maintain a list of officials of foreign governments and their 
immediate family members who the Secretary has credible evidence have 
been involved in corruption relating to the extraction of natural 
resources in their countries.

    (b) Any individual on the list compiled under subsection (a) shall 
be ineligible for admission to the United States.
    (c) The <<NOTE: Waiver authority. Determination.>>  Secretary may 
waive the application of subsection (b) if the Secretary determines that 
admission to the United States is necessary to attend the United Nations 
or to further United States law enforcement objectives, or that the 
circumstances which caused the individual to be included on the list 
have changed sufficiently to justify the removal of the individual from 
the list.

    (d) Not <<NOTE: Deadlines. Reports. Classified information.>>  later 
than 90 days after enactment of this Act and 180 days thereafter, the 
Secretary of State shall report in writing, in classified form if 
necessary, to the Committees on Appropriations

[[Page 123 STAT. 913]]

describing the evidence of corruption concerning individuals listed 
pursuant to subsection (a).


                     training and equipment reports


    Sec. 7087. (a) The annual foreign military training report required 
by section 656 of the Foreign Assistance Act of 1961 shall be submitted 
by the Secretary of Defense and the Secretary of State to the Committees 
on Appropriations by the date specified in that section.
    (b) Not later than 90 days after enactment of this Act, the 
Secretary of State, in consultation with other relevant United States 
Government agencies, shall submit to the Committees on Appropriations a 
report detailing the equipment to be purchased with funds appropriated 
or otherwise made available under the headings ``Andean Counterdrug 
Programs'', ``International Narcotics Control and Law Enforcement'', and 
``Foreign Military Financing Program'' in this Act: Provided, That such 
report shall include a description of the anticipated costs associated 
with the operation and maintenance of such equipment in subsequent 
fiscal years: Provided further, That for the purposes of this 
subsection, ``equipment'' shall be defined as any aircraft, vessel, boat 
or vehicle.


                     TRANSPARENCY AND ACCOUNTABILITY


    Sec. 7088. (a) United Nations.--Funds <<NOTE: Deadline. Reports.>>  
made available by this Act shall be made available to continue reform 
efforts at the United Nations: Provided, That not later than September 
30, 2009, the Secretary of State shall submit a report to the Committees 
on Appropriations detailing actions taken by United Nations 
organizations under the headings ``Contributions to International 
Organizations'' and ``International Organizations and Programs'' to 
continue reform of United Nations financial management systems and 
program oversight.

    (b) World Bank.--Section 668(c)(1) of the Consolidated 
Appropriations Act, 2008 (Public Law 110-161) <<NOTE: 121 Stat. 2351.>>  
is amended by striking ``that'' and inserting ``on the extent to 
which''.

    (c) National Budget Transparency.--
            (1) None <<NOTE: Public information. Deadline.>>  of the 
        funds appropriated by this Act may be made available for 
        assistance for the central government of any country that fails 
        to make publicly available on an annual basis its national 
        budget, to include income and expenditures.
            (2) The <<NOTE: Waiver authority. Reports.>>  Secretary of 
        State may waive the requirements of paragraph (1) on a country-
        by-country basis if the Secretary reports to the Committees on 
        Appropriations that to do so is important to the national 
        interest of the United States.


                           disability programs


    Sec. 7089. (a) Of the funds appropriated by this Act under the 
heading ``Economic Support Fund'', not less than $4,000,000 shall be 
made available for programs and activities administered by the United 
States Agency for International Development (USAID) to address the needs 
and protect the rights of people with disabilities in developing 
countries, and for programs to make publicly available information on 
independent living, advocacy, education, and transportation for people 
with disabilities and disability

[[Page 123 STAT. 914]]

advocacy organizations in developing countries, including for the cost 
of translation.
    (b) Funds appropriated under the heading ``Operating Expenses'' in 
title II of this Act shall be made available to develop and implement 
training for staff in overseas USAID missions to promote the full 
inclusion and equal participation of people with disabilities in 
developing countries.
    (c) The Secretary of State, the Secretary of the Treasury, and the 
USAID Administrator shall seek to ensure that, where appropriate, 
construction projects funded by this Act are accessible to people with 
disabilities and in compliance with the USAID Policy on Standards for 
Accessibility for the Disabled, or other similar accessibility 
standards.
    (d) Of the funds made available pursuant to subsection (a), not more 
than 7 percent may be for management, oversight and technical support.


                ORPHANS, DISPLACED AND ABANDONED CHILDREN


    Sec. 7090. Of the funds appropriated under title III of this Act, 
$3,000,000 should be made available for activities to improve the 
capacity of foreign government agencies and nongovernmental 
organizations to prevent child abandonment, address the needs of 
orphans, displaced and abandoned children and provide permanent homes 
through family reunification, guardianship and domestic adoptions: 
Provided, That funds made available under title III of this Act should 
be made available, as appropriate, consistent with--
            (1) the goal of enabling children to remain in the care of 
        their family of origin, but when not possible, placing children 
        in permanent homes through adoption;
            (2) the principle that such placements should be based on 
        informed consent which has not been induced by payment or 
        compensation;
            (3) the view that long-term foster care or 
        institutionalization are not permanent options and should be 
        used when no other suitable permanent options are available; and
            (4) the recognition that programs that protect and support 
        families can reduce the abandonment and exploitation of 
        children.


                                SRI LANKA


    Sec. 7091. (a) <<NOTE: Certification.>>  None of the funds 
appropriated by this Act under the heading ``Foreign Military Financing 
Program'' may be made available for assistance for Sri Lanka, no defense 
export license may be issued, and no military equipment or technology 
shall be sold or transferred to Sri Lanka pursuant to the authorities 
contained in this Act or any other Act, until the Secretary of State 
certifies to the Committee on Appropriations that--
            (1) the Sri Lankan military is suspending and the Government 
        of Sri Lanka is bringing to justice members of the military who 
        have been credibly alleged to have violated internationally 
        recognized human rights or international humanitarian law, 
        including complicity in the recruitment of child soldiers;
            (2) the Government of Sri Lanka is providing access to 
        humanitarian organizations and journalists throughout the 
        country consistent with international humanitarian law; and

[[Page 123 STAT. 915]]

            (3) the Government of Sri Lanka has agreed to the 
        establishment of a field presence of the Office of the United 
        Nations High Commissioner for Human Rights in Sri Lanka with 
        sufficient staff and mandate to conduct full and unfettered 
        monitoring throughout the country and to publicize its findings.

    (b) Subsection (a) shall not apply to technology or equipment made 
available for the limited purposes of maritime and air surveillance, 
including communications equipment previously committed or approved for 
the limited purposes of air and maritime surveillance.

                      export-import bank rescission

                         (including rescissions)

    Sec. 7092. (a) Of the funds appropriated under the heading ``Subsidy 
Appropriation'' for the Export-Import Bank of the United States that are 
available for tied-aid grants in prior Acts making appropriations for 
foreign operations, export financing, and related programs, $17,000,000 
are rescinded.
    (b) Of the unobligated balances available under the heading 
``Subsidy Appropriation'' for the Export-Import Bank of the United 
States in Public Law 109-102, $27,000,000 are rescinded.
    This division may be cited as the ``Department of State, Foreign 
Operations, and Related Programs Appropriations Act, 2009''.

 DIVISION I--TRANSPORTATION, <<NOTE: Transportation, Housing and Urban 
 Development, and Related Agencies Appropriations Act, 2009. Department 
    of Transportation Appropriations Act, 2009.>>  HOUSING AND URBAN 
DEVELOPMENT, AND RELATED AGENCIES APPROPRIATONS ACT, 2009

                                 TITLE I

                      DEPARTMENT OF TRANSPORTATION

                         Office of the Secretary


                          salaries and expenses


    For necessary expenses of the Office of the Secretary, $98,248,000, 
of which not to exceed $2,400,000 shall be available for the immediate 
Office of the Secretary; not to exceed $759,000 shall be available for 
the immediate Office of the Deputy Secretary; not to exceed $19,838,000 
shall be available for the Office of the General Counsel; not to exceed 
$10,107,000 shall be available for the Office of the Under Secretary of 
Transportation for Policy; not to exceed $10,200,000 shall be available 
for the Office of the Assistant Secretary for Budget and Programs; not 
to exceed $2,400,000 shall be available for the Office of the Assistant 
Secretary for Governmental Affairs; not to exceed $26,000,000 shall be 
available for the Office of the Assistant Secretary for Administration; 
not to exceed $2,020,000 shall be available for the Office of Public 
Affairs; not to exceed $1,595,000 shall be available for the Office of 
the Executive Secretariat; not to exceed $1,369,000 shall be available 
for the Office of Small and Disadvantaged Business Utilization; not to 
exceed $8,675,000 for the Office of Intelligence, Security, and 
Emergency Response; and not to exceed $12,885,000 shall be available for 
the Office of the Chief Information Officer: <<NOTE: Transfer 
authority.>>  Provided, That the Secretary of Transportation is 
authorized

[[Page 123 STAT. 916]]

to transfer funds appropriated for any office of the Office of the 
Secretary to any other office of the Office of the Secretary: Provided 
further, That no appropriation for any office shall be increased or 
decreased by more than 5 percent by all such 
transfers: <<NOTE: Notice.>>  Provided further, That notice of any 
change in funding greater than 5 percent shall be submitted for approval 
to the House and Senate Committees on Appropriations: Provided further, 
That not to exceed $60,000 shall be for allocation within the Department 
for official reception and representation expenses as the Secretary may 
determine: Provided further, That notwithstanding any other provision of 
law, excluding fees authorized in Public Law 107-71, there may be 
credited to this appropriation up to $2,500,000 in funds received in 
user fees: Provided further, That none of the funds provided in this Act 
shall be available for the position of Assistant Secretary for Public 
Affairs: <<NOTE: Audits.>>  Provided further, That of the funds provided 
under this heading, $100,000 shall be provided through reimbursement to 
the Department of Transportation's Office of Inspector General to audit 
the Working Capital Fund's financial statements.


                      Financial Management Capital


    For necessary expenses for upgrading and enhancing the Department of 
Transportation's financial systems, and reengineering business 
processes, $5,000,000, to remain available until expended.


                         Office of Civil Rights


    For necessary expenses of the Office of Civil Rights, $9,384,000.


           Transportation Planning, Research, and Development


    For necessary expenses for conducting transportation planning, 
research, systems development, development activities, and making 
grants, to remain available until expended, $18,300,000.


                          Working Capital Fund


    Necessary expenses for operating costs and capital outlays of the 
Working Capital Fund, not to exceed $128,094,000, shall be paid from 
appropriations made available to the Department of Transportation: 
Provided, That such services shall be provided on a competitive basis to 
entities within the Department of Transportation: Provided further, That 
the above limitation on operating expenses shall not apply to non-DOT 
entities: Provided further, That no funds appropriated in this Act to an 
agency of the Department shall be transferred to the Working Capital 
Fund without the approval of the agency modal 
administrator: <<NOTE: Notice.>>  Provided further, That no assessments 
may be levied against any program, budget activity, subactivity or 
project funded by this Act unless notice of such assessments and the 
basis therefor are presented to the House and Senate Committees on 
Appropriations and are approved by such Committees.


                Minority Business Resource Center Program


    For the cost of guaranteed loans, $353,000, as authorized by 49 
U.S.C. 332: Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the

[[Page 123 STAT. 917]]

Congressional Budget Act of 1974: Provided further, That these funds are 
available to subsidize total loan principal, any part of which is to be 
guaranteed, not to exceed $18,367,000. In addition, for administrative 
expenses to carry out the guaranteed loan program, $559,000.


                       Minority Business Outreach


    For necessary expenses of Minority Business Resource Center outreach 
activities, $3,056,000, to remain available until September 30, 2010: 
Provided, That notwithstanding 49 U.S.C. 332, these funds may be used 
for business opportunities related to any mode of transportation.


                        Payments to Air Carriers


                     (Airport and Airway Trust Fund)


                      (including transfer of funds)


    In addition to funds made available from any other source to carry 
out the essential air service program under 49 U.S.C. 41731 through 
41742, $73,013,000, to be derived from the Airport and Airway Trust 
Fund, to remain available until expended: Provided, That, in determining 
between or among carriers competing to provide service to a community, 
the Secretary may consider the relative subsidy requirements of the 
carriers: Provided further, That, if the funds under this heading are 
insufficient to meet the costs of the essential air service program in 
the current fiscal year, the Secretary shall transfer such sums as may 
be necessary to carry out the essential air service program from any 
available amounts appropriated to or directly administered by the Office 
of the Secretary for such fiscal year.


                      Compensation for Air Carriers


                              (rescission)


    Of the amounts made available under this heading, all unobligated 
balances as of the date of enactment of this Act are hereby permanently 
rescinded.


  Administrative Provisions--Office of the Secretary of Transportation


    Sec. 101. <<NOTE: Transfer authority.>>  The Secretary of 
Transportation is authorized to transfer the unexpended balances 
available for the bonding assistance program from ``Office of the 
Secretary, Salaries and expenses'' to ``Minority Business Outreach''.

    Sec. 102. <<NOTE: Assessments. Contracts.>>  None of the funds made 
available in this Act to the Department of Transportation may be 
obligated for the Office of the Secretary of Transportation to approve 
assessments or reimbursable agreements pertaining to funds appropriated 
to the modal administrations in this Act, except for activities underway 
on the date of enactment of this Act, unless such assessments or 
agreements have completed the normal reprogramming process for 
Congressional notification.

    Sec. 103. None of the funds made available under this Act may be 
obligated or expended to establish or implement a program under which 
essential air service communities are required to

[[Page 123 STAT. 918]]

assume subsidy costs commonly referred to as the EAS local participation 
program.
    Sec. 104. The Secretary or his or her designee may engage in 
activities with States and State legislators to consider proposals 
related to the reduction of motorcycle fatalities.

                     Federal Aviation Administration


                               Operations


                     (airport and airway trust fund)


    For necessary expenses of the Federal Aviation Administration, not 
otherwise provided for, including operations and research activities 
related to commercial space transportation, administrative expenses for 
research and development, establishment of air navigation facilities, 
the operation (including leasing) and maintenance of aircraft, 
subsidizing the cost of aeronautical charts and maps sold to the public, 
lease or purchase of passenger motor vehicles for replacement only, in 
addition to amounts made available by Public Law 108-176, 
$9,042,467,000, of which $5,238,005,000 shall be derived from the 
Airport and Airway Trust Fund, of which not to exceed $7,099,019,000 
shall be available for air traffic organization activities; not to 
exceed $1,164,597,000 shall be available for aviation safety activities; 
not to exceed $14,094,000 shall be available for commercial space 
transportation activities; not to exceed $111,004,000 shall be available 
for financial services activities; not to exceed $96,091,000 shall be 
available for human resources program activities; not to exceed 
$331,000,000 shall be available for region and center operations and 
regional coordination activities; not to exceed $180,859,000 shall be 
available for staff offices; and not to exceed $46,500,000 shall be 
available for information services: Provided, That not to exceed 2 
percent of any budget activity, except for aviation safety budget 
activity, may be transferred to any budget activity under this heading: 
Provided further, That no transfer may increase or decrease any 
appropriation by more than 2 percent: Provided further, That any 
transfer in excess of 2 percent shall be treated as a reprogramming of 
funds under section 405 of this Act and shall not be available for 
obligation or expenditure except in compliance with the procedures set 
forth in that section: Provided further, That the Secretary utilize not 
less than $10,000,000 of the funds provided for aviation safety 
activities to pay for staff increases in the Office of Aviation Flight 
Standards and the Office of Aircraft 
Certification: <<NOTE: Deadlines. Reports. 49 USC 44506 note.>>  
Provided further, That not later than March 31 of each fiscal year 
hereafter, the Administrator of the Federal Aviation Administration 
shall transmit to Congress an annual update to the report submitted to 
Congress in December 2004 pursuant to section 221 of Public Law 108-176: 
Provided further, That <<NOTE: Fines.>>  the amount herein appropriated 
shall be reduced by $100,000 for each day after March 31 that such 
report has not been submitted to the Congress: <<NOTE: Grants. Safety 
standards.>>  Provided further, That funds may be used to enter into a 
grant agreement with a nonprofit standard-setting organization to assist 
in the development of aviation safety standards: Provided further, That 
none of the funds in this Act shall be available for new applicants for 
the second career training program: <<NOTE: User fees.>>  Provided 
further, That none of the funds in this Act shall be available for the 
Federal Aviation Administration to finalize or implement any regulation

[[Page 123 STAT. 919]]

that would promulgate new aviation user fees not specifically authorized 
by law after the date of the enactment of this Act: Provided further, 
That there may be credited to this appropriation funds received from 
States, counties, municipalities, foreign authorities, other public 
authorities, and private sources, for expenses incurred in the provision 
of agency services, including receipts for the maintenance and operation 
of air navigation facilities, and for issuance, renewal or modification 
of certificates, including airman, aircraft, and repair station 
certificates, or for tests related thereto, or for processing major 
repair or alteration forms: Provided further, That of the funds 
appropriated under this heading, not less than $9,000,000 shall be for 
the contract tower cost-sharing program: <<NOTE: Premium pay.>>  
Provided further, That none of the funds in this Act shall be available 
for paying premium pay under 5 U.S.C. 5546(a) to any Federal Aviation 
Administration employee unless such employee actually performed work 
during the time corresponding to such premium pay: Provided further, 
That none of the funds in this Act for aeronautical charting and 
cartography are available for activities conducted by, or coordinated 
through, the Working Capital Fund: Provided further, That none of the 
funds in this Act may be obligated or expended for an employee of the 
Federal Aviation Administration to purchase a store gift card or gift 
certificate through use of a Government-issued credit card.


                        Facilities and Equipment


                     (airport and airway trust fund)


    For necessary expenses, not otherwise provided for, for acquisition, 
establishment, technical support services, improvement by contract or 
purchase, and hire of air navigation and experimental facilities and 
equipment, as authorized under part A of subtitle VII of title 49, 
United States Code, including initial acquisition of necessary sites by 
lease or grant; engineering and service testing, including construction 
of test facilities and acquisition of necessary sites by lease or grant; 
construction and furnishing of quarters and related accommodations for 
officers and employees of the Federal Aviation Administration stationed 
at remote localities where such accommodations are not available; and 
the purchase, lease, or transfer of aircraft from funds available under 
this heading, including aircraft for aviation regulation and 
certification; to be derived from the Airport and Airway Trust Fund, 
$2,742,095,000, of which $2,281,595,000 shall remain available until 
September 30, 2011, and of which $460,500,000 shall remain available 
until September 30, 2009: Provided, That there may be credited to this 
appropriation funds received from States, counties, municipalities, 
other public authorities, and private sources, for expenses incurred in 
the establishment and modernization of air navigation facilities: 
Provided further, That <<NOTE: Submission date. Investment plan.>>  upon 
initial submission to the Congress of the fiscal year 2010 President's 
budget, the Secretary of Transportation shall transmit to the Congress a 
comprehensive capital investment plan for the Federal Aviation 
Administration which includes funding for each budget line item for 
fiscal years 2010 through 2014, with total funding for each year of the 
plan constrained to the funding targets for those years as estimated and 
approved by the Office of Management and Budget: <<NOTE: Study.>>  
Provided further, That the Secretary of Transportation shall conduct an 
analysis that compares the current status of air traffic management and

[[Page 123 STAT. 920]]

the national airspace system to the planned architecture of the ``next 
generation'' air transportation system: <<NOTE: Submission date. Interim 
architecture. Cost estimate.>>  Provided further, That upon initial 
submission to the Congress of the fiscal year 2010 President's budget, 
the Secretary of Transportation shall transmit to the Congress an 
interim architecture for the ``next generation'' air transportation 
system that establishes a list of priority capabilities to be achieved 
by 2017 and provides an estimated cost for each of those priorities.


                 Research, Engineering, and Development


                     (airport and airway trust fund)


    For necessary expenses, not otherwise provided for, for research, 
engineering, and development, as authorized under part A of subtitle VII 
of title 49, United States Code, including construction of experimental 
facilities and acquisition of necessary sites by lease or grant, 
$171,000,000, to be derived from the Airport and Airway Trust Fund and 
to remain available until September 30, 2011: Provided, That there may 
be credited to this appropriation as offsetting collections, funds 
received from States, counties, municipalities, other public 
authorities, and private sources, which shall be available for expenses 
incurred for research, engineering, and development.


                       Grants-in-Aid for Airports


                 (liquidation of contract authorization)


                       (limitation on obligations)


                     (airport and airway trust fund)


    For liquidation of obligations incurred for grants-in-aid for 
airport planning and development, and noise compatibility planning and 
programs as authorized under subchapter I of chapter 471 and subchapter 
I of chapter 475 of title 49, United States Code, and under other law 
authorizing such obligations; for procurement, installation, and 
commissioning of runway incursion prevention devices and systems at 
airports of such title; for grants authorized under section 41743 of 
title 49, United States Code; and for inspection activities and 
administration of airport safety programs, including those related to 
airport operating certificates under section 44706 of title 49, United 
States Code, $3,600,000,000 to be derived from the Airport and Airway 
Trust Fund and to remain available until expended: Provided, That none 
of the funds under this heading shall be available for the planning or 
execution of programs the obligations for which are in excess of 
$3,514,500,000 in fiscal year 2009, notwithstanding section 47117(g) of 
title 49, United States Code: <<NOTE: Explosive detection systems.>>  
Provided further, That none of the funds under this heading shall be 
available for the replacement of baggage conveyor systems, 
reconfiguration of terminal baggage areas, or other airport improvements 
that are necessary to install bulk explosive detection systems: Provided 
further, That notwithstanding any other provision of law, of funds 
limited under this heading, not more than $87,454,000 shall be obligated 
for administration, not less than $15,000,000 shall be available for the 
airport cooperative research program, not less than $19,348,000 shall be 
for Airport Technology Research, and $8,000,000, to remain available 
until

[[Page 123 STAT. 921]]

expended, shall be available and transferred to ``Office of the 
Secretary, Salaries and Expenses'' to carry out the Small Community Air 
Service Development Program.


                              (rescission)


    Of the amounts authorized under sections 48103 and 48112 of title 
49, United States Code, $80,000,000 are permanently rescinded from 
amounts authorized for the fiscal year ending September 30, 2009.


       Administrative Provisions--Federal Aviation Administration


    Sec. 110. None of the funds in this Act may be used to compensate in 
excess of 600 technical staff-years under the federally funded research 
and development center contract between the Federal Aviation 
Administration and the Center for Advanced Aviation Systems Development 
during fiscal year 2009.
    Sec. 111. None of the funds in this Act shall be used to pursue or 
adopt guidelines or regulations requiring airport sponsors to provide to 
the Federal Aviation Administration without cost building construction, 
maintenance, utilities and expenses, or space in airport sponsor-owned 
buildings for services relating to air traffic control, air navigation, 
or weather reporting: Provided, That the prohibition of funds in this 
section does not apply to negotiations between the agency and airport 
sponsors to achieve agreement on ``below-market'' rates for these items 
or to grant assurances that require airport sponsors to provide land 
without cost to the FAA for air traffic control facilities.
    Sec. 112. The Administrator of the Federal Aviation Administration 
may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1) 
from fees credited under 49 U.S.C. 45303: Provided, That during fiscal 
year 2009, 49 U.S.C. 41742(b) shall not apply, and any amount remaining 
in such account at the close of that fiscal year may be made available 
to satisfy section 41742(a)(1) for the subsequent fiscal year.
    Sec. 113. Amounts collected under section 40113(e) of title 49, 
United States Code, shall be credited to the appropriation current at 
the time of collection, to be merged with and available for the same 
purposes of such appropriation.
    Sec. 114.  None <<NOTE: New Jersey.>>  of the funds appropriated or 
limited by this Act may be used to change weight restrictions or prior 
permission rules at Teterboro airport in Teterboro, New Jersey.

    Sec. 115. <<NOTE: Airline schedules.>>  (a) No funds provided in 
this Act may be used by the Secretary of Transportation to promulgate 
regulations or take any action regarding the scheduling of airline 
operations at any commercial airport in the United States if such 
regulation or action involves:
            (1) the auctioning by the Secretary or the FAA Administrator 
        of rights or permission to conduct airline operations at such an 
        airport,
            (2) the implementation by said Secretary or Administrator of 
        peak-period or other forms of congestion pricing at such an 
        airport,
            (3) either:
                    (A) withdrawal by the Secretary or Administrator of 
                a right or permission to conduct operations at such an

[[Page 123 STAT. 922]]

                airport (except when the withdrawal is for operational 
                reasons or pursuant to the terms or conditions of such 
                operating right or permission), or
                    (B) requiring a carrier to transfer involuntarily 
                any such right or permission to another person,
            (4) the charging by the Secretary or Administrator of a fee 
        for the right or permission to use navigable airspace at such an 
        airport, or
            (5) requiring or providing incentives or disincentives to 
        airport proprietors to take such actions themselves.

    (b) Nothing in this section shall be construed to:
            (1) prohibit the Secretary or the Administrator from 
        imposing per-operation limitations on airports for the purpose 
        of alleviating congestion at such airports,
            (2) prohibit individual airports from implementing peak-
        period or other congestion pricing at such airports, consistent 
        with regulations pertaining to airport rates and charges, or
            (3) limit the ability of a State, political subdivision of a 
        State, or political authority of at least two States that owns 
        or operates a commercial airport from carrying out its 
        proprietary powers and rights.

    Sec. 116. None of the funds limited by this Act for grants under the 
Airport Improvement Program shall be made available to the sponsor of a 
commercial service airport if such sponsor fails to agree to a request 
from the Secretary of Transportation for cost-free space in a non-
revenue producing, public use area of the airport terminal or other 
airport facilities for the purpose of carrying out a public service air 
passenger rights and consumer outreach campaign.
    Sec. 117. <<NOTE: Deadline. Reports.>>  Within 60 days of the 
publication date of any Government Accountability Office report 
reviewing the Federal Aviation Administration's project to redesign the 
airspace over the New York, New Jersey, and Philadelphia region, the 
Administrator of the Federal Aviation Administration shall report in 
writing to the Committee on Appropriations and the Committee on 
Commerce, Science, and Transportation, on actions the agency intends to 
take in order to address any concerns and recommendations identified in 
the Government Accountability Office report.

    Sec. 118. <<NOTE: Apportionment.>>  The Secretary shall apportion to 
the sponsor of an airport that received scheduled or unscheduled air 
service from a large certified air carrier (as defined in part 241 of 
title 14 Code of Federal Regulations, or such other regulations as may 
be issued by the Secretary under the authority of section 41709) an 
amount equal to the minimum apportionment specified in 49 U.S.C. 
47114(c), if the Secretary determines that airport had more than 10,000 
passenger boardings in the preceding calendar year, based on data 
submitted to the Secretary under part 241 of title 14, Code of Federal 
Regulations.

                     Federal Highway Administration


                  limitation on administrative expenses


                      (including transfer of funds)


    Not to exceed $390,000,000, together with advances and 
reimbursements received by the Federal Highway Administration, shall be 
paid in accordance with law from appropriations made

[[Page 123 STAT. 923]]

available by this Act to the Federal Highway Administration for 
necessary expenses for administration and operation. In addition, not to 
exceed $3,524,000 shall be paid from appropriations made available by 
this Act and transferred to the Department of Transportation's Office of 
Inspector General for costs associated with audits and investigations of 
projects and programs of the Federal Highway Administration, and not to 
exceed $300,000 shall be paid from appropriations made available by this 
Act and provided to that office through reimbursement to conduct the 
annual audits of financial statements in accordance with section 3521 of 
title 31, United States Code. In addition, not to exceed $3,124,000 
shall be paid from appropriations made available by this Act and 
transferred to the Appalachian Regional Commission in accordance with 
section 104 of title 23, United States Code.


                          Federal-Aid Highways


                       (limitation on obligations)


                          (highway trust fund)


    None of <<NOTE: 23 USC 104 note.>>  the funds in this Act shall be 
available for the implementation or execution of programs, the 
obligations for which are in excess of $40,700,000,000 for Federal-aid 
highways and highway safety construction programs for fiscal year 2009: 
Provided, That within the $40,700,000,000 obligation limitation on 
Federal-aid highways and highway safety construction programs, not more 
than $429,800,000 shall be available for the implementation or execution 
of programs for transportation research (chapter 5 of title 23, United 
States Code; sections 111, 5505, and 5506 of title 49, United States 
Code; and title 5 of Public Law 109-59) for fiscal year 2009: Provided 
further, That this limitation on transportation research programs shall 
not apply to any authority previously made available for obligation: 
Provided further, That the Secretary may, as authorized by section 
605(b) of title 23, United States Code, collect and spend fees to cover 
the costs of services of expert firms, including counsel, in the field 
of municipal and project finance to assist in the underwriting and 
servicing of Federal credit instruments and all or a portion of the 
costs to the Federal Government of servicing such credit instruments: 
Provided further, That such fees are available until expended to pay for 
such costs: Provided further, That such amounts are in addition to 
administrative expenses that are also available for such purpose, and 
are not subject to any obligation limitation or the limitation on 
administrative expenses under section 608 of title 23, United States 
Code.


                 (liquidation of contract authorization)


                          (highway trust fund)


    For carrying out the provisions of title 23, United States Code, 
that are attributable to Federal-aid highways, not otherwise provided, 
including reimbursement for sums expended pursuant to the provisions of 
23 U.S.C. 308, $41,439,000,000 or so much thereof as may be available in 
and derived from the Highway Trust Fund (other than the Mass Transit 
Account), to remain available until expended.

[[Page 123 STAT. 924]]

                              (rescission)


                          (highway trust fund)


    Of the unobligated balances of funds apportioned to each State under 
chapter 1 of title 23, United States Code, $3,150,000,000 are 
permanently rescinded: Provided, That such rescission shall not apply to 
the funds distributed in accordance with sections 130(f) and 104(b)(5) 
of title 23, United States Code; sections 133(d)(1) and 163 of such 
title, as in effect on the day before the date of enactment of Public 
Law 109-59; and the first sentence of section 133(d)(3)(A) of such 
title: Provided further, That notwithstanding section 1132 of Public Law 
110-140, in administering the rescission required under this heading, 
the Secretary of Transportation shall allow each State to determine the 
amount of the required rescission to be drawn from the programs to which 
the rescission applies.


                 Appalachian Development Highway System


    For necessary expenses for West Virginia corridor H of the 
Appalachian Development Highway System as authorized under section 
1069(y) of Public Law 102-240, as amended, $9,500,000, to remain 
available until expended.


                      Denali Access System Program


    For necessary expenses for the Denali Access System Program as 
authorized under section 1960 of Public Law 109-59, $5,700,000, to 
remain available until expended.


        Administrative Provisions--Federal Highway Administration


                         (including rescissions)


    Sec. 120. <<NOTE: 23 USC 104 note.>>  (a) For fiscal year 2009, the 
Secretary of Transportation shall--
            (1) not distribute from the obligation limitation for 
        Federal-aid highways amounts authorized for administrative 
        expenses and programs by section 104(a) of title 23, United 
        States Code; programs funded from the administrative takedown 
        authorized by section 104(a)(1) of title 23, United States Code 
        (as in effect on the date before the date of enactment of the 
        Safe, Accountable, Flexible, Efficient Transportation Equity 
        Act: A Legacy for Users); the highway use tax evasion program; 
        and the Bureau of Transportation Statistics;
            (2) not distribute an amount from the obligation limitation 
        for Federal-aid highways that is equal to the unobligated 
        balance of amounts made available from the Highway Trust Fund 
        (other than the Mass Transit Account) for Federal-aid highways 
        and highway safety programs for previous fiscal years the funds 
        for which are allocated by the Secretary;
            (3) determine the ratio that--
                    (A) the obligation limitation for Federal-aid 
                highways, less the aggregate of amounts not distributed 
                under paragraphs (1) and (2), bears to
                    (B) the total of the sums authorized to be 
                appropriated for Federal-aid highways and highway safety 
                construction programs (other than sums authorized to be 
                appropriated

[[Page 123 STAT. 925]]

                for provisions of law described in paragraphs (1) 
                through (9) of subsection (b) and sums authorized to be 
                appropriated for section 105 of title 23, United States 
                Code, equal to the amount referred to in subsection 
                (b)(10) for such fiscal year), less the aggregate of the 
                amounts not distributed under paragraphs (1) and (2) of 
                this subsection;
            (4)(A) distribute the obligation limitation for Federal-aid 
        highways, less the aggregate amounts not distributed under 
        paragraphs (1) and (2), for sections 1301, 1302, and 1934 of the 
        Safe, Accountable, Flexible, Efficient Transportation Equity 
        Act: A Legacy for Users; sections 117 (but individually for each 
        project numbered 1 through 3676 listed in the table contained in 
        section 1702 of the Safe, Accountable, Flexible, Efficient 
        Transportation Equity Act: A Legacy for Users) and section 
        144(g) of title 23, United States Code; and section 14501 of 
        title 40, United States Code, so that the amount of obligation 
        authority available for each of such sections is equal to the 
        amount determined by multiplying the ratio determined under 
        paragraph (3) by the sums authorized to be appropriated for that 
        section for the fiscal year; and
            (B) distribute $2,000,000,000 for section 105 of title 23, 
        United States Code;
            (5) distribute the obligation limitation provided for 
        Federal-aid highways, less the aggregate amounts not distributed 
        under paragraphs (1) and (2) and amounts distributed under 
        paragraph (4), for each of the programs that are allocated by 
        the Secretary under the Safe, Accountable, Flexible, Efficient 
        Transportation Equity Act: A Legacy for Users and title 23, 
        United States Code (other than to programs to which paragraphs 
        (1) and (4) apply), by multiplying the ratio determined under 
        paragraph (3) by the amounts authorized to be appropriated for 
        each such program for such fiscal year; and
            (6) distribute the obligation limitation provided for 
        Federal-aid highways, less the aggregate amounts not distributed 
        under paragraphs (1) and (2) and amounts distributed under 
        paragraphs (4) and (5), for Federal-aid highways and highway 
        safety construction programs (other than the amounts apportioned 
        for the equity bonus program, but only to the extent that the 
        amounts apportioned for the equity bonus program for the fiscal 
        year are greater than $2,639,000,000, and the Appalachian 
        development highway system program) that are apportioned by the 
        Secretary under the Safe, Accountable, Flexible, Efficient 
        Transportation Equity Act: A Legacy for Users and title 23, 
        United States Code, in the ratio that--
                    (A) amounts authorized to be appropriated for such 
                programs that are apportioned to each State for such 
                fiscal year, bear to
                    (B) the total of the amounts authorized to be 
                appropriated for such programs that are apportioned to 
                all States for such fiscal year.

    (b) Exceptions From Obligation Limitation.--The obligation 
limitation for Federal-aid highways shall not apply to obligations: (1) 
under section 125 of title 23, United States Code; (2) under section 147 
of the Surface Transportation Assistance Act of 1978; (3) under section 
9 of the Federal-Aid Highway Act of 1981; (4) under subsections (b) and 
(j) of section 131 of the Surface Transportation Assistance Act of 1982; 
(5) under subsections (b) and (c)

[[Page 123 STAT. 926]]

of section 149 of the Surface Transportation and Uniform Relocation 
Assistance Act of 1987; (6) under sections 1103 through 1108 of the 
Intermodal Surface Transportation Efficiency Act of 1991; (7) under 
section 157 of title 23, United States Code, as in effect on the day 
before the date of the enactment of the Transportation Equity Act for 
the 21st Century; (8) under section 105 of title 23, United States Code, 
as in effect for fiscal years 1998 through 2004, but only in an amount 
equal to $639,000,000 for each of those fiscal years; (9) for Federal-
aid highway programs for which obligation authority was made available 
under the Transportation Equity Act for the 21st Century or subsequent 
public laws for multiple years or to remain available until used, but 
only to the extent that the obligation authority has not lapsed or been 
used; (10) under section 105 of title 23, United States Code, but only 
in an amount equal to $639,000,000 for each of fiscal years 2005 through 
2009; and (11) under section 1603 of the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy for Users, to the extent 
that funds obligated in accordance with that section were not subject to 
a limitation on obligations at the time at which the funds were 
initially made available for obligation.
    (c) <<NOTE: Distribution date.>>  Redistribution of Unused 
Obligation Authority.--Notwithstanding subsection (a), the Secretary 
shall, after August 1 of such fiscal year, revise a distribution of the 
obligation limitation made available under subsection (a) if the amount 
distributed cannot be obligated during that fiscal year and redistribute 
sufficient amounts to those States able to obligate amounts in addition 
to those previously distributed during that fiscal year, giving priority 
to those States having large unobligated balances of funds apportioned 
under sections 104 and 144 of title 23, United States Code.

    (d) Applicability of Obligation Limitations to Transportation 
Research Programs.--The obligation limitation shall apply to 
transportation research programs carried out under chapter 5 of title 
23, United States Code, and title V (research title) of the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for 
Users, except that obligation authority made available for such programs 
under such limitation shall remain available for a period of 3 fiscal 
years and shall be in addition to the amount of any limitation imposed 
on obligations for Federal-aid highway and highway safety construction 
programs for future fiscal years.
    (e) Redistribution of Certain Authorized Funds.--
            (1) In general.--Not <<NOTE: Deadline.>>  later than 30 days 
        after the date of the distribution of obligation limitation 
        under subsection (a), the Secretary shall distribute to the 
        States any funds that--
                    (A) are authorized to be appropriated for such 
                fiscal year for Federal-aid highways programs; and
                    (B) the Secretary determines will not be allocated 
                to the States, and will not be available for obligation, 
                in such fiscal year due to the imposition of any 
                obligation limitation for such fiscal year.
            (2) Ratio.--Funds shall be distributed under paragraph (1) 
        in the same ratio as the distribution of obligation authority 
        under subsection (a)(6).

[[Page 123 STAT. 927]]

            (3) Availability.--Funds distributed under paragraph (1) 
        shall be available for any purposes described in section 133(b) 
        of title 23, United States Code.

    (f) Special Limitation Characteristics.--Obligation limitation 
distributed for a fiscal year under subsection (a)(4) for the provision 
specified in subsection (a)(4) shall--
            (1) remain available until used for obligation of funds for 
        that provision; and
            (2) be in addition to the amount of any limitation imposed 
        on obligations for Federal-aid highway and highway safety 
        construction programs for future fiscal years.

    (g) High Priority Project Flexibility.--
            (1) In general.--Subject to paragraph (2), obligation 
        authority distributed for such fiscal year under subsection 
        (a)(4) for each project numbered 1 through 3676 listed in the 
        table contained in section 1702 of the Safe, Accountable, 
        Flexible, Efficient Transportation Equity Act: A Legacy for 
        Users may be obligated for any other project in such section in 
        the same State.
            (2) Restoration.--Obligation authority used as described in 
        paragraph (1) shall be restored to the original purpose on the 
        date on which obligation authority is distributed under this 
        section for the next fiscal year following obligation under 
        paragraph (1).

    (h) Limitation on Statutory Construction.--Nothing in this section 
shall be construed to limit the distribution of obligation authority 
under subsection (a)(4)(A) for each of the individual projects numbered 
greater than 3676 listed in the table contained in section 1702 of the 
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users.
    Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by the 
Bureau of Transportation Statistics from the sale of data products, for 
necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited to 
the Federal-aid highways account for the purpose of reimbursing the 
Bureau for such expenses: Provided, That such funds shall be subject to 
the obligation limitation for Federal-aid highways and highway safety 
construction.
    Sec. 122.  In addition to amounts provided in this or any other Act 
for fiscal year 2009, $143,031,303, to be derived from the Highway Trust 
Fund (other than the Mass Transit Account), shall be available for the 
Transportation, Community, and System Preservation Program under section 
1117 of the Safe, Accountable, Flexible, Efficient Transportation Equity 
Act: A Legacy for Users (Pub. L. 109-59; 119 Stat. 1144, 1177-1179): 
Provided, That all funds made available under this section shall be 
subject to any limitation on obligations for Federal-aid highways and 
highway safety construction programs set forth in this Act or any other 
Act: Provided further, That such funds shall be administered in 
accordance with section 1117(g)(2) of the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy for Users.
    Sec. 123. Of the amounts made available under section 104(a) of 
title 23, United States Code, $33,401,492 are permanently rescinded.
    Sec. 124. Of the unobligated balances of funds made available in 
fiscal year 2005 and prior fiscal years for the implementation or 
execution of programs for transportation research, training and

[[Page 123 STAT. 928]]

education, and technology deployment including intelligent 
transportation systems, $11,756,527 are permanently rescinded.
    Sec. 125. There is hereby appropriated to the Secretary of 
Transportation $161,326,625 for surface transportation priorities: 
Provided, That the amount provided by this section shall be made 
available for the programs, projects and activities identified under 
this section in the explanatory statement accompanying this Act: 
Provided further, That funds provided by this section, at the request of 
a State, shall be transferred by the Secretary to another Federal 
agency: Provided further, That the Federal share payable on account of 
any program, project, or activity carried out with funds set aside by 
this section shall be 100 percent: Provided further, That the sums set 
aside by this section shall remain available until expended: Provided 
further, That none of the funds set aside by this section shall be 
subject to any limitation on obligations for Federal-aid highways and 
highway safety construction programs set forth in this Act or any other 
Act.
    Sec. 126. <<NOTE: Deadline. Notice. Public comments. 23 USC 313 
note.>>  Not less than 15 days prior to waiving, under his or her 
statutory authority, any Buy America requirement for Federal-aid highway 
projects, the Secretary of Transportation shall make an informal public 
notice and comment opportunity on the intent to issue such waiver and 
the reasons therefor: <<NOTE: Reports.>>  Provided, That the Secretary 
shall provide an annual report to the Appropriations Committees of the 
Congress on any waivers granted under the Buy America requirements.

    Sec. 127. <<NOTE: Montana.>>  Notwithstanding any other provision of 
law, funds made available in Public Law 110-161 for ``Bridge over 
Broadway, Missoula to Rattlesnake National Recreation Area, MT'' shall 
be available for a new pedestrian and bicycle-friendly at-grade crossing 
of East Broadway Street in Missoula, Montana.

    Sec. 128. <<NOTE: Texas.>>  (a) In General.--Except as provided in 
subsection (b), none of the funds made available, limited, or otherwise 
affected by this Act shall be used to approve or otherwise authorize the 
imposition of any toll on any segment of highway located on the Federal-
aid system in the State of Texas that--
            (1) as of the date of enactment of this Act, is not tolled;
            (2) is constructed with Federal assistance provided under 
        title 23, United States Code; and
            (3) is in actual operation as of the date of enactment of 
        this Act.

    (b) Exceptions.--
            (1) Number of toll lanes.--Subsection (a) shall not apply to 
        any segment of highway on the Federal-aid system described in 
        that subsection that, as of the date on which a toll is imposed 
        on the segment, will have the same number of non-toll lanes as 
        were in existence prior to that date.
            (2) High-occupancy vehicle lanes.--A high-occupancy vehicle 
        lane that is converted to a toll lane shall not be subject to 
        this section, and shall not be considered to be a non-toll lane 
        for purposes of determining whether a highway will have fewer 
        non-toll lanes than prior to the date of imposition of the toll, 
        if--
                    (A) high-occupancy vehicles occupied by the number 
                of passengers specified by the entity operating the toll 
                lane may use the toll lane without paying a toll, unless

[[Page 123 STAT. 929]]

                otherwise specified by the appropriate county, town, 
                municipal or other local government entity, or public 
                toll road or transit authority; or
                    (B) each high-occupancy vehicle lane that was 
                converted to a toll lane was constructed as a temporary 
                lane to be replaced by a toll lane under a plan approved 
                by the appropriate county, town, municipal or other 
                local government entity, or public toll road or transit 
                authority.

    Sec. 129. (a) In the explanatory statement referenced in section 129 
of division K of Public Law 110-161 (121 Stat. 2388), the item relating 
to ``Route 116 and Bay Road Intersection and Road Improvements, Amherst, 
MA'' in the table of projects for such section 129 is deemed to be 
amended by inserting ``, including Bike, Pedestrian, or Other Off Road 
Paths'' after ``Improvements''.
    (b) In the explanatory statement referenced in section 129 of 
division K of Public Law 110-161 (121 Stat. 2388), the item relating to 
``Highway 77 Rail Grade Separation, Marion, AR'', in the table of 
projects for such section 129 is deemed to be amended by striking 
``Highway 77 Rail Grade Separation, Marion, AR'' and inserting ``BNSF 
main line overpass within the Marion, Arkansas, planning jurisdiction''.
    (c) In the explanatory statement referenced in section 186 of 
division K of Public Law 110-161 (121 Stat. 2406), in the table of 
projects under the heading ``Federal Highway Administration--Federal-Aid 
Highways (Limitation on Obligations)--Federal Lands'' in division K of 
such explanatory statement, the item relating to ``U.S. Forest Highway 
4, Winston County, Alabama'' is deemed to be amended by striking 
``Highway 4'' and inserting ``Highway 9''.
    (d) In the explanatory statement referenced in section 186 of 
division K of Public Law 110-161 (121 Stat. 2406), the item relating to 
``Street Improvements in Burnham, IL'' in the table of projects under 
the heading ``Transportation, Community and System Preservation 
Program'' is deemed to be amended by striking ``Street Improvements in 
Burnham, IL'' and inserting ``Repair of Side Streets and Relocation of 
Water Mains resulting from rerouting of traffic and reconstruction of 
159th Street in Harvey, IL''.
    (e) In the explanatory statement referenced in section 186 of 
division K of Public Law 110-161 (121 Stat. 2406), the item relating to 
``Street Improvements in Thornton, IL'' in the table of projects under 
the heading ``Transportation, Community and System Preservation 
Program'' is deemed to be amended by striking ``Street Improvements in 
Thornton, IL'' and inserting ``Engineering, Right-of-Way, and 
Construction of Joe Orr Road Extension and Main Street Project in 
Lynwood, IL''.
    (f) Funds made available from the amount appropriated under the 
heading ``Federal Highway Administration--Highway Demonstration 
Projects'' of title I of the Department of Transportation and Related 
Agencies Appropriations Act, 1992 (Public Law 102-143) for the Miller 
Highway from 59th Street to 72nd Street, west side of Manhattan, New 
York, and from the amount appropriated under the heading ``Federal 
Highway Administration--Highway Projects'' of title I of the Department 
of Transportation and Related Agencies Appropriations Act, 1993 (Public 
Law 102-388) for design improvements on Miller Highway, New York City, 
New York, shall be made available for the project specified in item 4599 
of section 1702 of SAFETEA-LU (Public Law 109-59), as

[[Page 123 STAT. 930]]

amended by the SAFETEA-LU Technical Corrections Act of 2008 (Public Law 
110-244).
    Sec. 130. <<NOTE: New York.>>  Notwithstanding any other provision 
of law, any unexpended amounts available for obligation for item number 
48 under section 1106(b) of Public Law 102-240 (105 Stat. 2046) for the 
Southern State Parkway Improvement project shall be available for 
obligation and expenditure on the I-90 connector, Rensselaer County, New 
York, including reimbursement for expenses incurred on such connector 
prior to the date of enactment of this section.

    Sec. 131. (a) The table contained in section 1702 of the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for 
Users (119 Stat. 1256) is amended by striking the project description 
for item number 189 and inserting the following: ``Planning, design, 
engineering, environmental analysis, acquisition of rights-of-way, and 
construction for the Long Valley Bypass''.
    (b) The table contained in section 1702 of the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 
Stat. 1256) is amended by striking the project description for item 
number 3546 and inserting the following: ``Port of Coos Bay to acquire 
and repair the Coos Bay Line''.

               Federal Motor Carrier Safety Administration


              motor carrier safety operations and programs


                 (liquidation of contract authorization)


                       (limitation on obligations)


                          (highway trust fund)


                         (including rescission)


    For payment of obligations incurred for administration of motor 
carrier safety operations and programs pursuant to section 31104(i) of 
title 49, United States Code, and sections 4127 and 4134 of Public Law 
109-59, $234,000,000, to be derived from the Highway Trust Fund (other 
than the Mass Transit Account), together with advances and 
reimbursements received by the Federal Motor Carrier Safety 
Administration, the sum of which shall remain available until expended: 
Provided, That none of the funds derived from the Highway Trust Fund in 
this Act shall be available for the implementation, execution or 
administration of programs, the obligations for which are in excess of 
$234,000,000, for ``Motor Carrier Safety Operations and Programs'', of 
which $8,500,000, to remain available for obligation until September 30, 
2011, is for the research and technology program and $1,000,000 shall be 
available for commercial motor vehicle operator's grants to carry out 
section 4134 of Public Law 109-59: Provided further, That 
notwithstanding any other provision of law, none of the funds under this 
heading for outreach and education shall be available for 
transfer: <<NOTE: Reports. Deadlines.>>  Provided further, That the 
Federal Motor Carrier Safety Administration shall transmit to Congress a 
report on March 30, 2009 and September 30, 2009 on the agency's ability 
to meet its requirement to conduct compliance reviews on high-risk 
carriers: Provided further, That $4,839,259 in unobligated balances are 
permanently rescinded.

[[Page 123 STAT. 931]]

                       motor carrier safety grants


                 (liquidation of contract authorization)


                       (limitation on obligations)


                          (highway trust fund)


                         (including rescission)


    For payment of obligations incurred in carrying out sections 31102, 
31104(a), 31106, 31107, 31109, 31309, 31313 of title 49, United States 
Code, and sections 4126 and 4128 of Public Law 109-59, $307,000,000, to 
be derived from the Highway Trust Fund (other than the Mass Transit 
Account) and to remain available until expended: Provided, That none of 
the funds in this Act shall be available for the implementation or 
execution of programs, the obligations for which are in excess of 
$307,000,000, for ``Motor Carrier Safety Grants''; of which $209,000,000 
shall be available for the motor carrier safety assistance program to 
carry out sections 31102 and 31104(a) of title 49, United States Code; 
$25,000,000 shall be available for the commercial driver's license 
improvements program to carry out section 31313 of title 49, United 
States Code; $32,000,000 shall be available for the border enforcement 
grants program to carry out section 31107 of title 49, United States 
Code; $5,000,000 shall be available for the performance and registration 
information system management program to carry out sections 31106(b) and 
31109 of title 49, United States Code; $25,000,000 shall be available 
for the commercial vehicle information systems and networks deployment 
program to carry out section 4126 of Public Law 109-59; $3,000,000 shall 
be available for the safety data improvement program to carry out 
section 4128 of Public Law 109-59; and $8,000,000 shall be available for 
the commercial driver's license information system modernization program 
to carry out section 31309(e) of title 49, United States Code: Provided 
further, That of the funds made available for the motor carrier safety 
assistance program, $29,000,000 shall be available for audits of new 
entrant motor carriers: Provided further, That $6,502,558 in unobligated 
balances are permanently rescinded.


                          Motor Carrier Safety


                          (highway trust fund)


                              (rescission)


    Of the amounts made available under this heading in prior 
appropriations Acts, $2,231,259 in unobligated balances are permanently 
rescinded.


                  National Motor Carrier Safety Program


                          (highway trust fund)


                              (rescission)


    Of the amounts made available under this heading in prior 
appropriations Acts, $19,571,910 in unobligated balances are permanently 
rescinded.

[[Page 123 STAT. 932]]

 Administrative Provisions--Federal Motor Carrier Safety Administration


    Sec. 135. <<NOTE: Reports. Deadline.>>  Funds appropriated or 
limited in this Act shall be subject to the terms and conditions 
stipulated in section 350 of Public Law 107-87 and section 6901 of 
Public Law 110-28, including that the Secretary submit a report to the 
House and Senate Appropriations Committees annually on the safety and 
security of transportation into the United States by Mexico-domiciled 
motor carriers.

    Sec. 136. None of the funds appropriated or otherwise made available 
under this Act may be used, directly or indirectly, to establish, 
implement, continue, promote, or in any way permit a cross-border motor 
carrier demonstration program to allow Mexican-domiciled motor carriers 
to operate beyond the commercial zones along the international border 
between the United States and Mexico, including continuing, in whole or 
in part, any such program that was initiated prior to the date of the 
enactment of this Act.

             National Highway Traffic Safety Administration


                         operations and research


    For expenses necessary to discharge the functions of the Secretary, 
with respect to traffic and highway safety under subtitle C of title X 
of Public Law 109-59 and chapter 301 and part C of subtitle VI of title 
49, United States Code, $127,000,000, of which $31,670,000 shall remain 
available until September 30, 2010: Provided, That none of the funds 
appropriated by this Act may be obligated or expended to plan, finalize, 
or implement any rulemaking to add to section 575.104 of title 49 of the 
Code of Federal Regulations any requirement pertaining to a grading 
standard that is different from the three grading standards (treadwear, 
traction, and temperature resistance) already in effect.


                         Operations and Research


                 (liquidation of contract authorization)


                       (limitation on obligations)


                          (highway trust fund)


    For payment of obligations incurred in carrying out the provisions 
of 23 U.S.C. 403, $105,500,000 to be derived from the Highway Trust Fund 
(other than the Mass Transit Account) and to remain available until 
expended: Provided, That none of the funds in this Act shall be 
available for the planning or execution of programs the total 
obligations for which, in fiscal year 2009, are in excess of 
$105,500,000 for programs authorized under 23 U.S.C. 403: Provided 
further, That within the $105,500,000 obligation limitation for 
operations and research, $26,908,000 shall remain available until 
September 30, 2010 and shall be in addition to the amount of any 
limitation imposed on obligations for future years.

[[Page 123 STAT. 933]]

                        National Driver Register


                 (Liquidation of contract authorization)


                       (Limitation on obligations)


                          (Highway trust fund)


    For payment of obligations incurred in carrying out chapter 303 of 
title 49, United States Code, $4,000,000, to be derived from the Highway 
Trust Fund (other than the Mass Transit Account) and to remain available 
until expended: Provided, That none of the funds in this Act shall be 
available for the implementation or execution of programs the total 
obligations for which, in fiscal year 2009, are in excess of $4,000,000 
for the National Driver Register authorized under such chapter.


                      highway traffic safety grants


                 (liquidation of contract authorization)


                      (llimitation on obligations)


                          (highway trust fund)


    For payment of obligations incurred in carrying out the provisions 
of 23 U.S.C. 402, 405, 406, 408, and 410 and sections 2001(a)(11), 2009, 
2010, and 2011 of Public Law 109-59, to remain available until expended, 
$619,500,000 to be derived from the Highway Trust Fund (other than the 
Mass Transit Account): Provided, That none of the funds in this Act 
shall be available for the planning or execution of programs the total 
obligations for which, in fiscal year 2009, are in excess of 
$619,500,000 for programs authorized under 23 U.S.C. 402, 405, 406, 408, 
and 410 and sections 2001(a)(11), 2009, 2010, and 2011 of Public Law 
109-59, of which $235,000,000 shall be for ``Highway Safety Programs'' 
under 23 U.S.C. 402; $25,000,000 shall be for ``Occupant Protection 
Incentive Grants'' under 23 U.S.C. 405; $124,500,000 shall be for 
``Safety Belt Performance Grants'' under 23 U.S.C. 406, and such 
obligation limitation shall remain available until September 30, 2010 in 
accordance with subsection (f) of such section 406 and shall be in 
addition to the amount of any limitation imposed on obligations for such 
grants for future fiscal years; $34,500,000 shall be for ``State Traffic 
Safety Information System Improvements'' under 23 U.S.C. 408; 
$139,000,000 shall be for ``Alcohol-Impaired Driving Countermeasures 
Incentive Grant Program'' under 23 U.S.C. 410; $18,500,000 shall be for 
``Administrative Expenses'' under section 2001(a)(11) of Public Law 109-
59; $29,000,000 shall be for ``High Visibility Enforcement Program'' 
under section 2009 of Public Law 109-59; $7,000,000 shall be for 
``Motorcyclist Safety'' under section 2010 of Public Law 109-59; and 
$7,000,000 shall be for ``Child Safety and Child Booster Seat Safety 
Incentive Grants'' under section 2011 of Public Law 109-59: Provided 
further, That none of these funds shall be used for construction, 
rehabilitation, or remodeling costs, or for office furnishings and 
fixtures for State, local or private buildings or structures: Provided 
further, That not to exceed $500,000 of the funds made available for 
section 410 ``Alcohol-Impaired Driving Countermeasures Grants'' shall be 
available for technical assistance to the States: Provided further, That

[[Page 123 STAT. 934]]

not to exceed $750,000 of the funds made available for the ``High 
Visibility Enforcement Program'' shall be available for the evaluation 
required under section 2009(f) of Public Law 109-59.


       administrative provisions--national highway traffic safety 
                             administration


                         (including rescissions)


    Sec. 140.  Notwithstanding any other provision of law or limitation 
on the use of funds made available under section 403 of title 23, United 
States Code, an additional $130,000 shall be made available to the 
National Highway Traffic Safety Administration, out of the amount 
limited for section 402 of title 23, United States Code, to pay for 
travel and related expenses for State management reviews and to pay for 
core competency development training and related expenses for highway 
safety staff.
    Sec. 141. Of the amounts made available under the heading 
``Operations and Research (Liquidation of Contract Authorization) 
(Limitation on Obligations) (Highway Trust Fund)'' in prior 
appropriations Acts, $10,900,000 in unobligated balances are permanently 
rescinded.
    Sec. 142. Of the amounts made available under the heading ``National 
Driver Register (Liquidation of Contract Authorization) (Limitation on 
Obligations) (Highway Trust Fund)'' in prior appropriations Acts, 
$544,000 in unobligated balances are permanently rescinded.
    Sec. 143. Of the amounts made available under the heading ``Highway 
Traffic Safety Grants (Liquidation of Contract Authorization) 
(Limitation on Obligations) (Highway Trust Fund)'' in prior 
appropriations Acts, $60,200,000 in unobligated balances are permanently 
rescinded.

                     Federal Railroad Administration


                          Safety and Operations


    For necessary expenses of the Federal Railroad Administration, not 
otherwise provided for, $159,445,000, of which $12,268,890 shall remain 
available until expended.


                    railroad research and development


    For necessary expenses for railroad research and development, 
$33,950,000, to remain available until expended.


                 capital assistance to states--intercity


                         passenger rail service


    To enable the Federal Railroad Administrator to make grants to 
States for the capital costs of improving existing intercity passenger 
rail service and providing new intercity passenger rail service, 
$90,000,000, to remain available until expended: <<NOTE: Grants.>>  
Provided, That grants shall be provided to a State only on a 
reimbursable basis: Provided further, That grants cover no more than 50 
percent of the total capital cost of a project selected for funding: 
Provided further, That no more than 10 percent of funds made available 
under this program may be used for planning activities that lead

[[Page 123 STAT. 935]]

directly to the development of a passenger rail corridor investment plan 
consistent with the requirements established by the Administrator: 
Provided further, That <<NOTE: Deadline. Publication. Criteria.>>  no 
later than eight months following enactment of this Act, the Secretary 
shall establish and publish criteria for project selection, set a 
deadline for grant applications, and provide a schedule for project 
selection: Provided further, That to be eligible for this assistance, 
States must include intercity passenger rail service as an integral part 
of statewide transportation planning as required under section 135 of 
title 23, United States Code: Provided further, That to be eligible for 
capital assistance the specific project must be on the Statewide 
Transportation Improvement Plan at the time of the application to 
qualify: Provided further, That the Secretary give priority to capital 
and planning applications for projects that improve the safety and 
reliability of intercity passenger trains, involve a commitment by 
freight railroads to an enforceable on-time performance of passenger 
trains of 80 percent or greater, involve a commitment by freight 
railroads of financial resources commensurate with the benefit expected 
to their operations, improve or extend service on a route that requires 
little or no Federal assistance for its operations, and involve a 
commitment by States or railroads of financial resources to improve the 
safety of highway/rail grade crossings over which the passenger service 
operates: Provided further, That <<NOTE: Reports. Deadline.>>  the 
Administrator is directed to report to the Committees on Appropriations 
not later than 180 days upon enactment of this Act detailing the 
recipients and outcomes of grants issued pursuant to Public Law 110-116, 
under this heading, the Capital Assistance to States Program, any and 
all usage and performance fees paid to a freight railroad for access to 
the right of way: Provided further, That the Administrator may retain up 
to one-quarter of 1 percent of the funds provided under this heading to 
fund the award and oversight by the Administrator of grants made under 
this heading.


        Railroad Rehabilitation and Improvement Financing Program


    The Secretary of Transportation is authorized to issue to the 
Secretary of the Treasury notes or other obligations pursuant to section 
512 of the Railroad Revitalization and Regulatory Reform Act of 1976 
(Public Law 94-210), as amended, in such amounts and at such times as 
may be necessary to pay any amounts required pursuant to the guarantee 
of the principal amount of obligations under sections 511 through 513 of 
such Act, such authority to exist as long as any such guaranteed 
obligation is outstanding: Provided, That pursuant to section 502 of 
such Act, as amended, no new direct loans or loan guarantee commitments 
shall be made using Federal funds for the credit risk premium during 
fiscal year 2009.


              Rail Line Relocation and Improvement Program


    For necessary expenses of carrying out section 20154 of title 49, 
United States Code, as authorized by section 9002 of Public Law 109-59, 
$25,000,000, to remain available until expended.

[[Page 123 STAT. 936]]

     Operating Grants to the National Railroad Passenger Corporation


    To enable the Secretary of Transportation to make quarterly grants 
to the National Railroad Passenger Corporation for operation of 
intercity passenger rail, $550,000,000, to remain available until 
expended: Provided, That the Secretary shall withhold such sums as shall 
be necessary for the costs associated with the second retroactive wage 
payment to Amtrak employees and shall transmit such funding to the 
corporation for the sole and exclusive purpose of making such payments 
only at such time as said payments are due: Provided further, That such 
remaining amounts available under this paragraph shall be available for 
the Secretary to approve funding to cover operating losses for the 
Corporation only after receiving and reviewing a grant request for each 
specific train route: Provided further, That each such grant request 
shall be accompanied by a detailed financial analysis, revenue 
projection, and capital expenditure projection justifying the Federal 
support to the Secretary's satisfaction: Provided further, That the 
Corporation is directed to achieve savings through operating 
efficiencies including, but not limited to, modifications to food and 
beverage service and first class service: <<NOTE: Reports. Deadlines.>>  
Provided further, That the Inspector General of the Department of 
Transportation shall report to the House and Senate Committees on 
Appropriations beginning 3 months after the date of the enactment of 
this Act and quarterly thereafter with estimates of the savings accrued 
as a result of all operational reforms instituted by the 
Corporation: <<NOTE: Deadline. Plans.>>  Provided further, That not 
later than 120 days after enactment of this Act, the Corporation shall 
transmit to the House and Senate Committees on Appropriations the status 
of its plan to improve the financial performance of food and beverage 
service and its plan to improve the financial performance of first class 
service (including sleeping car service): <<NOTE: Reports. Deadline.>>  
Provided further, That the Corporation shall report quarterly to the 
House and Senate Committees on Appropriations on its progress against 
the milestones and target dates contained in the plan provided in fiscal 
year 2008 and quantify savings realized to date on a monthly basis 
compared to those projected in the plan, identify any changes in the 
plan or delays in implementing these plans, and identify the causes of 
delay and proposed corrective measures: <<NOTE: Deadline. Business 
plan.>>  Provided further, That not later than 90 days after enactment 
of this Act, the Corporation shall transmit, in electronic format, to 
the Secretary, the House and Senate Committees on Appropriations, the 
House Committee on Transportation and Infrastructure and the Senate 
Committee on Commerce, Science, and Transportation a comprehensive 
business plan approved by the Board of Directors for fiscal year 2009 
under section 24104(a) of title 49, United States Code: Provided 
further, That the business plan shall include, as applicable, targets 
for ridership, revenues, and capital and operating expenses: Provided 
further, That the plan shall also include a separate accounting of such 
targets for the Northeast Corridor; commuter service; long-distance 
Amtrak service; State-supported service; each intercity train route, 
including Autotrain; and commercial activities including contract 
operations: Provided further, That the business plan shall include a 
description of the work to be funded, along with cost estimates and an 
estimated timetable for completion of the projects

[[Page 123 STAT. 937]]

covered by this business plan: <<NOTE: Reports. Deadline.>>  Provided 
further, That the Corporation shall continue to provide monthly reports 
in electronic format regarding the pending business plan, which shall 
describe the work completed to date, any changes to the business plan, 
and the reasons for such changes, and shall identify all sole source 
contract awards which shall be accompanied by a justification as to why 
said contract was awarded on a sole source basis: <<NOTE: Web 
posting.>>  Provided further, That the Corporation's business plan and 
all subsequent supplemental plans shall be displayed on the 
Corporation's website within a reasonable timeframe following their 
submission to the appropriate entities: Provided further, That none of 
the funds under this heading may be obligated or expended until the 
Corporation agrees to continue abiding by the provisions of paragraphs 
1, 2, 5, 9, and 11 of the summary of conditions for the direct loan 
agreement of June 28, 2002, in the same manner as in effect on the date 
of enactment of this Act: Provided further, That none of the funds 
provided in this Act may be used after March 1, 2006, to support any 
route on which Amtrak offers a discounted fare of more than 50 percent 
off the normal, peak fare: Provided further, That the preceding proviso 
does not apply to routes where the operating loss as a result of the 
discount is covered by a State and the State participates in the setting 
of fares: Provided further, That of the amounts made available under 
this heading not less than $18,500,000 shall be available for the Amtrak 
Office of Inspector General.


   Capital and Debt Service Grants to the National Railroad Passenger 
                               Corporation


    To enable the Secretary of Transportation to make quarterly grants 
to the National Railroad Passenger Corporation for the maintenance and 
repair of capital infrastructure owned by the Corporation, including 
railroad equipment, rolling stock, legal mandates and other services, 
$940,000,000, to remain available until expended, of which not to exceed 
$285,000,000 shall be for debt service obligations: Provided, That the 
Secretary may retain up to one-quarter of 1 percent of the funds under 
this heading to fund the oversight by the Federal Railroad 
Administration of the design and implementation of capital projects 
funded by grants made under this heading: Provided further, That the 
Secretary shall approve funding for capital expenditures, including 
advance purchase orders of materials, for the Corporation only after 
receiving and reviewing a grant request for each specific capital grant 
justifying the Federal support to the Secretary's satisfaction: Provided 
further, That none of the funds under this heading may be used to 
subsidize operating losses of the Corporation: Provided further, That 
none of the funds under this heading may be used for capital projects 
not approved by the Secretary of Transportation or on the Corporation's 
fiscal year 2009 business plan: <<NOTE: Fleet plan.>>  Provided further, 
That, the business plan shall be accompanied by a comprehensive fleet 
plan for all Amtrak rolling stock which shall address the Corporation's 
detailed plans and timeframes for the maintenance, refurbishment, 
replacement and expansion of the Amtrak fleet: Provided further, That 
said fleet plan shall establish year-specific goals and milestones and 
discuss potential, current, and preferred financing options for all such 
activities.

[[Page 123 STAT. 938]]

     EFFICIENCY INCENTIVE GRANTS TO THE NATIONAL RAILROAD PASSENGER 
                               CORPORATION


                              (RESCISSION)


    Of the amounts made available under this heading in Public Laws 109-
115 and 110-5, all unobligated balances as of the date of enactment of 
this provision are hereby rescinded.


       Administrative Provisions--Federal Railroad Administration


    Sec. 151. The Secretary may purchase promotional items of nominal 
value for use in public outreach activities to accomplish the purposes 
of 49 U.S.C. 20134: <<NOTE: Guidelines.>>  Provided, That the Secretary 
shall prescribe guidelines for the administration of such purchases and 
use.

    Sec. 152. Hereafter, notwithstanding any other provision of law, 
funds provided in this Act for the National Railroad Passenger 
Corporation shall immediately cease to be available to said Corporation 
in the event that the Corporation contracts to have services provided at 
or from any location outside the United States. <<NOTE: Definition.>>  
For purposes of this section, the word ``services'' shall mean any 
service that was, as of July 1, 2006, performed by a full-time or part-
time Amtrak employee whose base of employment is located within the 
United States.

    Sec. 153. The Secretary of Transportation may receive and expend 
cash, or receive and utilize spare parts and similar items, from non-
United States Government sources to repair damages to or replace United 
States Government owned automated track inspection cars and equipment as 
a result of third party liability for such damages, and any amounts 
collected under this section shall be credited directly to the Safety 
and Operations account of the Federal Railroad Administration, and shall 
remain available until expended for the repair, operation and 
maintenance of automated track inspection cars and equipment in 
connection with the automated track inspection program.
    Sec. 154. <<NOTE: Reports. Deadlines.>>  The Federal Railroad 
Administrator shall submit a quarterly report on April 1, 2009, and 
quarterly reports thereafter, to the House and Senate Committees on 
Appropriations detailing the Administrator's efforts at improving the 
on-time performance of Amtrak intercity rail service operating on non-
Amtrak owned property. Such reports shall compare the most recent actual 
on-time performance data to pre-established on-time performance goals 
that the Administrator shall set for each rail service, identified by 
route. Such reports shall also include whatever other information and 
data regarding the on-time performance of Amtrak trains the 
Administrator deems to be appropriate. <<NOTE: Fines.>>  The amounts 
made available in this title under the heading ``Office of the 
Secretary, Salaries and Expenses'' shall be reduced $100,000 for each 
day after the first day of each quarter that the quarterly reports 
required by this section are not submitted to the Congress.

[[Page 123 STAT. 939]]

                     Federal Transit Administration


                         Administrative Expenses


                      (including transfer of funds)


    For necessary administrative expenses of the Federal Transit 
Administration's programs authorized by chapter 53 of title 49, United 
States Code, $94,413,000: Provided, That of the funds available under 
this heading, not to exceed $1,800,000 shall be available for travel and 
not to exceed $23,322,000 shall be available for the central account: 
Provided further, That any funding transferred from the central account 
shall be submitted for approval to the House and Senate Committees on 
Appropriations: Provided further, That none of the funds provided or 
limited in this Act may be used to create a permanent office of transit 
security under this heading: Provided further, That of the funds in this 
Act available for the execution of contracts under section 5327(c) of 
title 49, United States Code, $2,000,000 shall be transferred to the 
Department of Transportation's Office of Inspector General for costs 
associated with audits and investigations of transit-related issues, 
including reviews of new fixed guideway 
systems: <<NOTE: Reports. Deadline.>>  Provided further, That upon 
submission to the Congress of the fiscal year 2010 President's budget, 
the Secretary of Transportation shall transmit to Congress the annual 
report on new starts, including proposed allocations of funds for fiscal 
year 2010.


                         Formula and Bus Grants


                   (liquidation of contract authority)


                       (limitation on obligations)


                          (highway trust fund)


    For payment of obligations incurred in carrying out the provisions 
of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335, 
5339, and 5340 and section 3038 of Public Law 105-178, as amended, 
$8,670,000,000 to be derived from the Mass Transit Account of the 
Highway Trust Fund and to remain available until expended: Provided, 
That funds available for the implementation or execution of programs 
authorized under 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316, 
5317, 5320, 5335, 5339, and 5340 and section 3038 of Public Law 105-178, 
as amended, shall not exceed total obligations of $8,260,565,000 in 
fiscal year 2009.


                Research and University Research Centers


    For necessary expenses to carry out 49 U.S.C. 5306, 5312-5315, 5322, 
and 5506, $67,000,000, to remain available until expended: Provided, 
That $10,000,000 is available to carry out the transit cooperative 
research program under section 5313 of title 49, United States Code, 
$4,300,000 is available for the National Transit Institute under section 
5315 of title 49, United States Code, and $7,000,000 is available for 
university transportation centers program under section 5506 of title 
49, United States Code: Provided further, That $45,700,000 is available 
to carry out national research programs under sections 5312, 5313, 5314, 
and 5322 of title 49, United States Code.

[[Page 123 STAT. 940]]

                        Capital Investment Grants


    For necessary expenses to carry out section 5309 of title 49, United 
States Code, $1,809,250,000, to remain available until expended, of 
which no less than $200,000,000 is for section 5309(e) of such title: 
Provided, That of the funds available under this heading, amounts are to 
be made available as follows:
            AC Transit BRT Corridor, California, $4,000,000.
            Bellevue-Redmond BRT, King County, Washington, $10,952,330.
            BRT, Potomac Yard-Crystal City, City of Alexandria and 
        Arlington County, Virginia, $1,000,000.
            BRT, State Avenue Corridor, Wyandotte County, Kansas, 
        $1,500,000.
            Central Corridor Light Rail Transit Project, Minnesota, 
        $20,000,000.
            Central Florida Commuter Rail, Florida, $13,000,000.
            Central Link Initial Segment, Seattle, Washington, 
        $25,962,062.
            Central Phoenix/East Valley Light Rail, Arizona, 
        $91,800,000.
            Charlotte Rapid Transit Extension, North Carolina, 
        $20,500,000.
            Commuter Rail Improvements, Fitchburg, Massachusetts, 
        $30,000,000.
            Commuter Rail Study--Phoenix to Tucson, Arizona, $3,500,000.
            CTA Brown Line (Ravenswood), Illinois, $30,474,404.
            CTA Circle Line, Illinois, $6,000,000.
            Dallas Area Rapid Transit Northwest/Southeast Light Rail 
        MOS, Texas, $87,974,716.
            Downtown Orlando East-West Circulator System, Florida, 
        $8,000,000.
            Dulles Corridor Metrorail, Virginia, $29,100,000.
            Honolulu High Capacity Transit Corridor Project, Hawaii, 
        $20,000,000.
            Houston Metropolitan Transit Authority Advanced Transit 
        Program/METRO Solutions Phase 2, Texas, $15,000,000.
            Hudson-Bergen MOS-2, Northern, New Jersey, $1,103,860.
            I-69 HOV/BRT, Mississippi, $7,650,000.
            Improvements to the Rosslyn Metro Station, Virginia, 
        $2,000,000.
            JTA BRT System, Jacksonville, Florida, $1,280,000.
            Largo Metrorail Extension, District of Columbia/Maryland, 
        $34,700,000.
            Livermore-Amador BRT, Livermore, California, $7,990,000.
            Long Island Rail Road East Side Access, New York, 
        $209,623,898.
            Mason Corridor BRT, Fort Collins, Colorado, $11,182,000.
            MARC Capacity Improvements, Maryland, $13,000,000.
            Metra, Illinois, $24,000,000.
            Metro Gold Line Eastside Extension, Los Angeles, California, 
        $81,600,000.
            Metrorail Orange Line Extension Project, Florida, 
        $20,000,000.
            Metro Rapid Bus System Gap Closure, Los Angeles, California, 
        $332,620.

[[Page 123 STAT. 941]]

            Mid-City Rapid, San Diego, California, $19,485,000.
            Mid Jordan Light Rail Extension, Utah, $20,000,000.
            Mountain Links BRT, Flagstaff, Arizona, $5,614,200.
            Norfolk LRT, Virginia, $53,592,108.
            North Shore LRT Connector, Pennsylvania, $670,885.
            Northern Indiana Commuter Transit District, Indiana, 
        $5,000,000.
            Northstar Corridor Rail, Minnesota, $71,166,060.
            Pacific Highway South BRT, King County, Washington, 
        $281,520.
            Perris Valley Line, Riverside, California, $45,000,000.
            Pioneer Parkway EmX BRT, Springfield, Oregon, $296,000.
            San Francisco Muni Third Street Light Rail--Central Subway 
        Project, California, $10,000,000.
            Second Avenue Subway Phase 1, New York, $277,697,000.
            South Corridor BRT, Kent County, Michigan, $600,000.
            South Corridor I-205/Portland Mall LRT, Oregon, $81,600,000.
            South County Commuter Rail, Wickford Junction Station, Rhode 
        Island, $1,345,500.
            South Sacramento Light Rail Extension, California, 
        $7,000,000.
            Southeast Corridor, LRT, Colorado, $1,031,210.
            Stamford Urban Transitway, Connecticut, $3,650,000.
            Streetcar Loop, Portland, Oregon, $45,000,000.
            Trans-Hudson Midtown Corridor, New Jersey, $48,000,000.
            Troost Corridor BRT, Kansas City, Missouri, $125,200.
            Tucson Modern Streetcar/Light Rail Transit System, Tucson, 
        Arizona, $2,000,000.
            University Link LRT Extension, Washington, $100,000,000.
            Van Ness BRT Project, San Francisco, California, $400,000.
            VRE Rolling Stock, Virginia, $5,000,000.
            Weber County to Salt Lake City Commuter Rail, Utah, 
        $81,600,000.
            West Corridor LRT, Colorado, $60,000,000.
            Wilshire Boulevard Bus-Only Lane, Los Angeles, California, 
        $9,857,097.


        Administrative Provisions--Federal Transit Administration


                         (including rescissions)


    Sec. 160. The limitations on obligations for the programs of the 
Federal Transit Administration shall not apply to any authority under 49 
U.S.C. 5338, previously made available for obligation, or to any other 
authority previously made available for obligation.
    Sec. 161. Notwithstanding any other provision of law, funds 
appropriated or limited by this Act under the Federal Transit 
Administration, Capital Investment Grants account and for bus and bus 
facilities under the Federal Transit Administration, Formula and Bus 
Grants account for projects specified in this Act or identified in 
reports accompanying this Act not obligated by September 30, 2011, and 
other recoveries, shall be directed to projects eligible to use the 
funds for the purposes for which they were originally provided.
    Sec. 162. Notwithstanding any other provision of law, any funds 
appropriated before October 1, 2008, under any section of chapter 53 of 
title 49, United States Code, that remain available

[[Page 123 STAT. 942]]

for expenditure, may be transferred to and administered under the most 
recent appropriation heading for any such section.
    Sec. 163. Notwithstanding any other provision of law, unobligated 
funds made available for new fixed guideway system projects under the 
heading ``Federal Transit Administration, Capital investment grants'' in 
any appropriations Act prior to this Act may be used during this fiscal 
year to satisfy expenses incurred for such projects.
    Sec. 164.  During fiscal year 2009, each Federal Transit 
Administration grant for a project that involves the acquisition or 
rehabilitation of a bus to be used in public transportation shall be 
funded for 90 percent of the net capital costs of a biodiesel bus or a 
factory-installed or retrofitted hybrid electric propulsion system and 
any equipment related to such a system: Provided, That the Secretary 
shall have the discretion to determine, through practicable 
administrative procedures, the costs attributable to the system and 
related-equipment.
    Sec. 165. <<NOTE: Contracts.>>  Notwithstanding any other provision 
of law, in regard to the Central Link Initial Segment Project, to the 
extent that Federal funds remain available within the current budget for 
the project, the Secretary shall, immediately upon the date of enactment 
of this Act, amend the Full Funding Grant Agreement for said project to 
allow remaining Federal funds to be used to support completion of the 
Airport Link extension of said project.

    Sec. 166. <<NOTE: Kansas.>>   Any unexpended funds in Federal 
Transit Administration grant numbers KS-03-0018 and KS-03-0032 shall be 
made available, at the request of the State, for a bus rapid transit 
project and related capital purchases and facility improvements, in 
Johnson County, Kansas City, KS under the terms and conditions required 
to carry out section 5309(b)(3) of title 49, United States Code to the 
extent applicable.

    Sec. 167. Of the balances available for this fiscal year to carry 
out 49 U.S.C. 5309(b) left to the discretion of the Secretary of 
Transportation, $100,000,000 are permanently rescinded.
    Sec. 168. None of the funds provided or limited under this Act may 
be used to issue a final regulation under section 5309 of title 49, 
United States Code, except that the Federal Transit Administration may 
continue to review comments received on the proposed rule (Docket No. 
FTA-2006-25737).
    Sec. 169. Funds made available for Alaska or Hawaii ferry boats or 
ferry terminal facilities pursuant to 49 U.S.C. 5309(m)(2)(B) may be 
used to construct new vessels and facilities, or to improve existing 
vessels and facilities, including both the passenger and vehicle-related 
elements of such vessels and facilities, and for repair facilities: 
Provided, That not more than $4,000,000 of the funds made available 
pursuant to 49 U.S.C. 5309(m)(2)(B) may be used by the City and County 
of Honolulu to operate a passenger ferry boat service demonstration 
project to test the viability of different intra-island ferry boat 
routes and technologies.
    Sec. 170. Notwithstanding any other provision of law, unobligated 
funds or recoveries under section 5309 of title 49, United States Code, 
that are available to the Secretary of Transportation for reallocation 
shall be directed to projects eligible to use the funds for the purposes 
for which they were originally provided.
    Sec. 171. Notwithstanding any other provision of law, the $2,695,000 
appropriated for the Charlotte Rapid Transit Extension--Northeast 
Corridor Light Rail Project, North Carolina under

[[Page 123 STAT. 943]]

the Alternatives Analysis Account in division K of the Consolidated 
Appropriations Act, 2008 (Public Law 110-161) shall be used for the 
Charlotte Rapid Transit Extension--Northeast Corridor to carry out new 
fixed guideway or extension to existing fixed guideway activities 
described in section 5309 of title 49, United States Code.

              Saint Lawrence Seaway Development Corporation

    The Saint <<NOTE: Expenditure authority. Contracts.>>  Lawrence 
Seaway Development Corporation is hereby authorized to make such 
expenditures, within the limits of funds and borrowing authority 
available to the Corporation, and in accord with law, and to make such 
contracts and commitments without regard to fiscal year limitations as 
provided by section 104 of the Government Corporation Control Act, as 
amended, as may be necessary in carrying out the programs set forth in 
the Corporation's budget for the current fiscal year.


                       operations and maintenance


                     (harbor maintenance trust fund)


    For necessary expenses for operations, maintenance, and capital 
asset renewal of those portions of the Saint Lawrence Seaway owned, 
operated, and maintained by the Saint Lawrence Seaway Development 
Corporation, $31,842,000, to be derived from the Harbor Maintenance 
Trust Fund, pursuant to Public Law 99-662.

                         Maritime Administration


                        Maritime Security Program


    For necessary expenses to maintain and preserve a U.S.-flag merchant 
fleet to serve the national security needs of the United States, 
$174,000,000, to remain available until expended.


                         Operations and Training


    For necessary expenses of operations and training activities 
authorized by law, $123,360,000, of which $10,500,000 shall remain 
available until expended for maintenance and repair of Schoolships at 
State Maritime Schools, of which $8,150,000 shall remain available until 
expended for capital improvements at the United States Merchant Marine 
Academy, and of which $53,208,000 shall be available for operations at 
the United States Merchant Marine Academy: Provided, That amounts 
apportioned for the United States Merchant Marine Academy shall be 
available only upon allotments made personally by the Secretary of 
Transportation and not a designee: Provided further, That the 
Superintendent, Deputy Superintendent and the Director of the Office of 
Resource Management of the United States Merchant Marine Academy may not 
be allotment holders for the United States Merchant Marine Academy, and 
the Administrator of Maritime Administration shall hold all allotments 
made by the Secretary of Transportation under the previous 
proviso: <<NOTE: Expenditure plan.>>  Provided further, That 50 percent 
of the funding made available for the United States Merchant Marine 
Academy under this heading shall be available only after the Secretary, 
in consultation with the Maritime Administration, completes a plan 
detailing by program or activity and by object class how such

[[Page 123 STAT. 944]]

funding will be expended at the Academy, and this plan is submitted to 
the House and Senate Committees on Appropriations.


                              Ship Disposal


    For necessary expenses related to the disposal of obsolete vessels 
in the National Defense Reserve Fleet of the Maritime Administration, 
$15,000,000, to remain available until expended.


Assistance to Small Shipyards <<NOTE: Grants. Deadlines.>> 

    To make grants to qualified shipyards as authorized under section 
3506 of Public Law 109-163 or section 54101 of title 46, United States 
Code, $17,500,000, to remain available until expended: Provided, That to 
be considered for assistance, a qualified shipyard shall submit an 
application for assistance no later than 60 days after enactment of this 
Act: Provided further, That from applications submitted under the 
previous proviso, the Secretary of Transportation shall make grants no 
later than 120 days after enactment of this Act in such amounts as the 
Secretary determines: Provided further, That not to exceed 2 percent of 
the funds appropriated under this heading shall be available for 
necessary costs of grant administration.

           maritime guaranteed loan (title xi) program account

                      (including transfer of funds)

    For administrative expenses to carry out the guaranteed loan 
program, not to exceed $3,531,000, which shall be transferred to and 
merged with the appropriation for ``Operations and Training'', Maritime 
Administration.


                            Ship Construction


                              (rescission)


    Of the unobligated balances available under this heading, $1,382,554 
are rescinded.


           Administrative Provisions--Maritime Administration


    Sec. 175. Notwithstanding any other provision of this Act, the 
Maritime Administration is authorized to furnish utilities and services 
and make necessary repairs in connection with any lease, contract, or 
occupancy involving Government property under control of the Maritime 
Administration, and payments received therefor shall be credited to the 
appropriation charged with the cost thereof: Provided, That rental 
payments under any such lease, contract, or occupancy for items other 
than such utilities, services, or repairs shall be covered into the 
Treasury as miscellaneous receipts.
    Sec. 176. No obligations shall be incurred during the current fiscal 
year from the construction fund established by the Merchant Marine Act, 
1936 (46 U.S.C. 53101 note (cds)), or otherwise, in excess of the 
appropriations and limitations contained in this Act or in any prior 
appropriations Act.
    Sec. 177. Section 51509 of title 46, United States Code, is amended 
in subsection (b) by deleting ``$4,000'' and inserting in lieu thereof 
``$8,000'' and by inserting ``tuition,'' after ``uniforms,''.

[[Page 123 STAT. 945]]

         Pipeline and Hazardous Materials Safety Administration


                         Administrative Expenses


                         (pipeline safety fund)


    For necessary operational expenses of the Pipeline and Hazardous 
Materials Safety Administration, $19,130,000, of which $639,000 shall be 
derived from the Pipeline Safety Fund: Provided, That $1,000,000 shall 
be transferred to ``Pipeline Safety'' in order to fund ``Pipeline safety 
information grants to communities'' as authorized in section 60130 of 
title 49, United States Code: <<NOTE: Grants. Deadline.>>  Provided 
further, That grants described under the previous proviso shall be 
awarded within 120 days of enactment of this Act.


                       hazardous materials safety


    For expenses necessary to discharge the hazardous materials safety 
functions of the Pipeline and Hazardous Materials Safety Administration, 
$32,000,000, of which $3,302,000 shall remain available until September 
30, 2011: Provided, That up to $800,000 in fees collected under 49 
U.S.C. 5108(g) shall be deposited in the general fund of the Treasury as 
offsetting receipts: Provided further, That there may be credited to 
this appropriation, to be available until expended, funds received from 
States, counties, municipalities, other public authorities, and private 
sources for expenses incurred for training, for reports publication and 
dissemination, and for travel expenses incurred in performance of 
hazardous materials exemptions and approvals functions.


                             Pipeline Safety


                         (pipeline safety fund)


                    (oil spill liability trust fund)


    For expenses necessary to conduct the functions of the pipeline 
safety program, for grants-in-aid to carry out a pipeline safety 
program, as authorized by 49 U.S.C. 60107, and to discharge the pipeline 
program responsibilities of the Oil Pollution Act of 1990, $93,291,000, 
of which $18,810,000 shall be derived from the Oil Spill Liability Trust 
Fund and shall remain available until September 30, 2011; and of which 
$74,481,000 shall be derived from the Pipeline Safety Fund, of which 
$40,081,000 shall remain available until September 30, 2011: Provided, 
That not less than $1,043,000 of the funds provided under this heading 
shall be for the one-call State grant program.


                      Emergency Preparedness Grants


                      (emergency preparedness fund)


    For necessary expenses to carry out 49 U.S.C. 5128(b), $188,000, to 
be derived from the Emergency Preparedness Fund, to remain available 
until September 30, 2010: Provided, That not more than $28,318,000 shall 
be made available for obligation in fiscal year 2009 from amounts made 
available by 49 U.S.C. 5116(i) and 5128(b)-(c): Provided further, That 
none of the funds made available by 49 U.S.C. 5116(i), 5128(b), or 
5128(c) shall be made

[[Page 123 STAT. 946]]

available for obligation by individuals other than the Secretary of 
Transportation, or his or her designee.

            Research and Innovative Technology Administration


                        Research and Development


    For necessary expenses of the Research and Innovative Technology 
Administration, $12,900,000, of which $6,936,000 shall remain available 
until September 30, 2011: Provided, That there may be credited to this 
appropriation, to be available until expended, funds received from 
States, counties, municipalities, other public authorities, and private 
sources for expenses incurred for training.

                       Office of Inspector General


                          Salaries and Expenses


    For necessary expenses of the Office of Inspector General to carry 
out the provisions of the Inspector General Act of 1978, as amended, 
$71,400,000: Provided, That the Inspector General shall have all 
necessary authority, in carrying out the duties specified in the 
Inspector General Act, as amended (5 U.S.C. App. 3), to investigate 
allegations of fraud, including false statements to the government (18 
U.S.C. 1001), by any person or entity that is subject to regulation by 
the Department: Provided further, That the funds made available under 
this heading shall be used to investigate, pursuant to section 41712 of 
title 49, United States Code: (1) unfair or deceptive practices and 
unfair methods of competition by domestic and foreign air carriers and 
ticket agents; and (2) the compliance of domestic and foreign air 
carriers with respect to item (1) of this proviso.

                      Surface Transportation Board


                          Salaries and Expenses


    For necessary expenses of the Surface Transportation Board, 
including services authorized by 5 U.S.C. 3109, $26,847,000: Provided, 
That notwithstanding any other provision of law, not to exceed 
$1,250,000 from fees established by the Chairman of the Surface 
Transportation Board shall be credited to this appropriation as 
offsetting collections and used for necessary and authorized expenses 
under this heading: Provided further, That the sum herein appropriated 
from the general fund shall be reduced on a dollar-for-dollar basis as 
such offsetting collections are received during fiscal year 2009, to 
result in a final appropriation from the general fund estimated at no 
more than $25,597,000.

            General Provisions--Department of Transportation

    Sec. 180.  During the current fiscal year applicable appropriations 
to the Department of Transportation shall be available for maintenance 
and operation of aircraft; hire of passenger motor vehicles and 
aircraft; purchase of liability insurance for motor vehicles operating 
in foreign countries on official department business; and uniforms or 
allowances therefor, as authorized by law (5 U.S.C. 5901-5902).

[[Page 123 STAT. 947]]

    Sec. 181. Appropriations contained in this Act for the Department of 
Transportation shall be available for services as authorized by 5 U.S.C. 
3109, but at rates for individuals not to exceed the per diem rate 
equivalent to the rate for an Executive Level IV.
    Sec. 182. <<NOTE: Appointees.>>  None of the funds in this Act shall 
be available for salaries and expenses of more than 110 political and 
Presidential appointees in the Department of Transportation: Provided, 
That none of the personnel covered by this provision may be assigned on 
temporary detail outside the Department of Transportation.

    Sec. 183. None of the funds in this Act shall be used to implement 
section 404 of title 23, United States Code.
    Sec. 184. (a) No recipient of funds made available in this Act shall 
disseminate personal information (as defined in 18 U.S.C. 2725(3)) 
obtained by a State department of motor vehicles in connection with a 
motor vehicle record as defined in 18 U.S.C. 2725(1), except as provided 
in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
    (b) Notwithstanding subsection (a), the Secretary shall not withhold 
funds provided in this Act for any grantee if a State is in 
noncompliance with this provision.
    Sec. 185. Funds received by the Federal Highway Administration, 
Federal Transit Administration, and Federal Railroad Administration from 
States, counties, municipalities, other public authorities, and private 
sources for expenses incurred for training may be credited respectively 
to the Federal Highway Administration's ``Federal-Aid Highways'' 
account, the Federal Transit Administration's ``Research and University 
Research Centers'' account, and to the Federal Railroad Administration's 
``Safety and Operations'' account, except for State rail safety 
inspectors participating in training pursuant to 49 U.S.C. 20105.
    Sec. 186. Funds provided or limited in this Act under the 
appropriate accounts within the Federal Highway Administration, the 
Federal Railroad Administration and the Federal Transit Administration 
shall be for the eligible programs, projects and activities in the 
corresponding amounts identified in the explanatory statement 
accompanying this Act for ``Ferry Boats and Ferry Terminal Facilities'', 
``Federal Lands'', ``Interstate Maintenance Discretionary'', 
``Transportation, Community and System Preservation Program'', ``Delta 
Region Transportation Development Program'', ``Rail Line Relocation and 
Improvement Program'', ``Rail-highway crossing hazard eliminations'', 
``Alternatives analysis'', and ``Bus and bus facilities''.
    Sec. 187. Notwithstanding any other provisions of law, rule or 
regulation, the Secretary of Transportation is authorized to allow the 
issuer of any preferred stock heretofore sold to the Department to 
redeem or repurchase such stock upon the payment to the Department of an 
amount determined by the Secretary.
    Sec. 188.  None <<NOTE: Grants. Notification. Deadline.>>  of the 
funds in this Act to the Department of Transportation may be used to 
make a grant unless the Secretary of Transportation notifies the House 
and Senate Committees on Appropriations not less than 3 full business 
days before any discretionary grant award, letter of intent, or full 
funding grant agreement totaling $500,000 or more is announced by the 
department or its modal administrations from: (1) any discretionary 
grant program of the Federal Highway Administration including the 
emergency relief program; (2) the airport improvement program of the 
Federal Aviation Administration; (3) any grant from the Federal

[[Page 123 STAT. 948]]

Railroad Administration; or (4) any program of the Federal Transit 
Administration other than the formula grants and fixed guideway 
modernization programs: <<NOTE: Notification.>>  Provided, That the 
Secretary gives concurrent notification to the House and Senate 
Committees on Appropriations for any ``quick release'' of funds from the 
emergency relief program: Provided further, That no notification shall 
involve funds that are not available for obligation.

    Sec. 189. Rebates, refunds, incentive payments, minor fees and other 
funds received by the Department of Transportation from travel 
management centers, charge card programs, the subleasing of building 
space, and miscellaneous sources are to be credited to appropriations of 
the Department of Transportation and allocated to elements of the 
Department of Transportation using fair and equitable criteria and such 
funds shall be available until expended.
    Sec. 190.  Amounts made available in this or any other Act that the 
Secretary determines represent improper payments by the Department of 
Transportation to a third party contractor under a financial assistance 
award, which are recovered pursuant to law, shall be available--
            (1) to reimburse the actual expenses incurred by the 
        Department of Transportation in recovering improper payments; 
        and
            (2) to pay contractors for services provided in recovering 
        improper payments or contractor support in the implementation of 
        the Improper Payments Information Act of 2002: Provided, That 
        amounts in excess of that required for paragraphs (1) and (2)--
                    (A) shall be credited to and merged with the 
                appropriation from which the improper payments were 
                made, and shall be available for the purposes and period 
                for which such appropriations are available; or
                    (B) if no such appropriation remains available, 
                shall be deposited in the Treasury as miscellaneous 
                receipts: Provided further, 
                That <<NOTE: Notification.>>  prior to the transfer of 
                any such recovery to an appropriations account, the 
                Secretary shall notify the House and Senate Committees 
                on Appropriations of the amount and reasons for such 
                transfer: Provided further, That for purposes of this 
                section, the term ``improper payments'', has the same 
                meaning as that provided in section 2(d)(2) of Public 
                Law 107-300.

    Sec. 191. <<NOTE: Notice.>>  Notwithstanding any other provision of 
law, if any funds provided in or limited by this Act are subject to a 
reprogramming action that requires notice to be provided to the House 
and Senate Committees on Appropriations, said reprogramming action shall 
be approved or denied solely by the Committees on Appropriations: 
Provided, That <<NOTE: Deadline.>>  the Secretary may provide notice to 
other congressional committees of the action of the Committees on 
Appropriations on such reprogramming but not sooner than 30 days 
following the date on which the reprogramming action has been approved 
or denied by the House and Senate Committees on Appropriations.

    Sec. 192. (a) None of the funds appropriated or otherwise made 
available under this Act to the Surface Transportation Board of the 
Department of Transportation may be used to take any action to allow any 
activity described in subsection (b) in a case, matter, or declaratory 
order involving a railroad, or an entity

[[Page 123 STAT. 949]]

claiming or seeking authority to operate as a railroad, unless the Board 
receives written assurance from the Governor, or the Governor's 
designee, of the State in which such activity will occur that such 
railroad or entity has agreed to comply with State and local regulations 
that establish public health, safety, and environmental standards for 
the activities described in subsection (b), other than zoning laws or 
regulations.
    (b) Activities referred to in subsection (a) are activities that 
occur at a solid waste rail transfer facility involving--
            (1) the collection, storage, or transfer of solid waste (as 
        defined in section 1004 of the Solid Waste Disposal Act (42 
        U.S.C. 6903)) outside of original shipping containers; or
            (2) the separation or processing of solid waste (including 
        baling, crushing, compacting, and shredding).

    Sec. 193. None of the funds appropriated or otherwise made available 
under this Act may be used by the Surface Transportation Board of the 
Department of Transportation to charge or collect any filing fee for 
rate complaints filed with the Board in an amount in excess of the 
amount authorized for district court civil suit filing fees under 
section 1914 of title 28, United States Code.
    Sec. 194. Of the funds made available or limited by this Act, which 
are not otherwise allocated under this Act or under SAFETEA-LU (Public 
Law 109-59) or necessary to fulfill existing agreements between the 
Department of Transportation and metropolitan areas under the ``Urban 
Partnerships'' and ``Congestion-Reduction Demonstration'' programs, not 
more than 10 percent of such funds for any program that is allocated at 
the discretion of the Secretary may be expended in furtherance of the 
Department of Transportation's ``National Strategy to Reduce Congestion 
on America's Transportation Network'' issued May 2006 by Secretary of 
Transportation, the Honorable Norman Mineta; also known as the 
``Congestion Initiative'' or any other new congestion initiative.
    Sec. 195. Of the funds available for Ferry Boats and Ferry Terminal 
Facilities, $950,000 shall be for Missouri River, Route 240, Saline and 
Howard Counties for expenses, including reimbursement of previously 
incurred expenses, for alternative transportation (including ferryboat 
service) during bridge replacement.
    Sec. 196. Notwithstanding any other provision of law, the State of 
New Mexico may use funds apportioned to the State under section 
104(b)(2) of title 23, United States Code, for the congestion mitigation 
and air quality improvement program under section 149 of title 23, 
United States Code, to support the operation of commuter rail service 
between Belen and Bernalillo, New Mexico.
    Sec. 197. Notwithstanding any other provision of law, funds made 
available in fiscal years 2006 through 2009 for item number 598 in 
section 3044(a) of Public Law 109-59 that are unobligated or unexpended 
in a grant shall be made available to OATS, Incorporated for buses and 
bus-related facilities.
    Sec. 198. Notwithstanding any other provision of law, funds made 
available in fiscal years 2006 through 2009 for item number 1152 in 
section 1702 of Public Law 109-59 that are unobligated or unexpended 
shall be made available for maintenance, repair and reconstruction of 
the Tucker Bridge in the City of St. Louis, Missouri.
    Sec. 199. <<NOTE: Extension.>>  Notwithstanding any other provision 
of law, section 198 of division K of Public Law 110-161 shall continue 
in effect during fiscal year 2009.

[[Page 123 STAT. 950]]

     This title may be cited as the ``Department of Transportation 
Appropriations Act, 2009''.

      TITLE II <<NOTE: Department of Housing and Urban Development 
Appropriations Act, 2009.>> 

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                      Management and Administration


                           executive direction


    For necessary salaries and expenses for Executive Direction, 
$23,799,456, of which not to exceed $3,885,581 shall be available for 
the immediate Office of the Secretary and Deputy Secretary; not to 
exceed $1,613,898 shall be available for the Office of Hearings and 
Appeals; not to exceed $544,552 shall be available for the Office of 
Small and Disadvantaged Business Utilization; not to exceed $720,343 
shall be available for the immediate Office of the Chief Financial 
Officer; not to exceed $1,516,800 shall be available for the immediate 
Office of the General Counsel; not to exceed $2,715,488 shall be 
available to the Office of the Assistant Secretary for Congressional and 
Intergovernmental Relations; not to exceed $2,586,721 shall be available 
for the Office of the Assistant Secretary for Public Affairs; not to 
exceed $1,005,120 shall be available for the Office of the Assistant 
Secretary for Administration; not to exceed $1,602,655 shall be 
available to the Office of the Assistant Secretary for Public and Indian 
Housing; not to exceed $1,707,499 shall be available to the Office of 
the Assistant Secretary for Community Planning and Development; not to 
exceed $3,778,560 shall be available to the Office of the Assistant 
Secretary for Housing, Federal Housing Commissioner; not to exceed 
$1,431,212 shall be available to the Office of the Assistant Secretary 
for Policy Development and Research; and not to exceed $691,027 shall be 
available to the Office of the Assistant Secretary for Fair Housing and 
Equal Opportunity: <<NOTE: Transfer authority. Notification.>>  
Provided, That the Secretary of the Department of Housing and Urban 
Development is authorized to transfer funds appropriated for any office 
funded under this heading to any other office funded under this heading 
following the written notification to the House and Senate Committees on 
Appropriations: Provided further, That no appropriation for any office 
shall be increased or decreased by more than 5 percent by all such 
transfers: Provided further, That <<NOTE: Notice.>>  notice of any 
change in funding greater than 5 percent shall be submitted for prior 
approval to the House and Senate Committees on 
Appropriations: <<NOTE: Notification.>>  Provided further, That the 
Secretary shall provide the Committees on Appropriations quarterly 
written notification regarding the status of pending congressional 
reports: <<NOTE: Reports. Electronic submission.>>  Provided further, 
That the Secretary shall provide all signed reports required by Congress 
electronically: Provided further, That not to exceed $25,000 of the 
amount made available under this paragraph for the immediate Office of 
the Secretary shall be available for official reception and 
representation expenses as the Secretary may determine.


                Administration, Operations and Management


    For necessary salaries and expenses for administration, operations 
and management for the Department of Housing and Urban Development, 
$527,433,640, of which not to exceed $75,510,000

[[Page 123 STAT. 951]]

shall be available for the personnel compensation and benefits of the 
Office of Administration; not to exceed $11,003,940 shall be available 
for the personnel compensation and benefits of the Office of 
Departmental Operations and Coordination; not to exceed $48,817,430 
shall be available for the personnel compensation and benefits of the 
Office of Field Policy and Management; not to exceed $13,438,200 shall 
be available for the personnel compensation and benefits of the Office 
of the Chief Procurement Officer; not to exceed $34,028,820 shall be 
available for the personnel compensation and benefits of the remaining 
staff in the Office of the Chief Financial Officer; not to exceed 
$84,837,460 shall be available for the personnel compensation and 
benefits of the remaining staff in the Office of the General Counsel; 
not to exceed $3,085,120 shall be available for the personnel 
compensation and benefits of the Office of Departmental Equal Employment 
Opportunity; not to exceed $1,215,280 shall be available for the 
personnel compensation and benefits for the Center for Faith-Based and 
Community Initiatives; and not to exceed $255,497,390 shall be available 
for non-personnel expenses of the Department of Housing and Urban 
Development: Provided, That, funds provided under this heading may be 
used for necessary administrative and non-administrative expenses of the 
Department of Housing and Urban Development, not otherwise provided for, 
including purchase of uniforms, or allowances therefor, as authorized by 
5 U.S.C. 5901-5902; hire of passenger motor vehicles; services as 
authorized by 5 U.S.C. 3109: Provided further, That notwithstanding any 
other provision of law, funds appropriated under this heading may be 
used for advertising and promotional activities that support the housing 
mission area: Provided further, That <<NOTE: Transfer authority.>>  the 
Secretary of Housing and Urban Development is authorized to transfer 
funds appropriated for any office included in Administration, Operations 
and Management to any other office included in Administration, 
Operations and Management only after such transfer has been submitted 
to, and received prior written approval by, the House and Senate 
Committees on Appropriations: Provided further, That no appropriation 
for any office shall be increased or decreased by more than 10 percent 
by all such transfers.

                   Personnel Compensation and Benefits


                        Public and Indian Housing


    For necessary personnel compensation and benefits expenses of the 
Office of Public and Indian Housing, $190,390,100.


                   Community Planning and Development


    For necessary personnel compensation and benefits expenses of the 
Office of Community Planning and Development mission area, $94,233,700.


                                 Housing


    For necessary personnel compensation and benefits expenses of the 
Office of Housing, $363,198,000.

[[Page 123 STAT. 952]]

         office of the government national mortgage association


    For necessary personnel compensation and benefits expenses of the 
Office of the Government National Mortgage Association, $10,000,000, to 
be derived from the GNMA guarantees of mortgage backed securities 
guaranteed loan receipt account.


                     Policy Development and Research


    For necessary personnel compensation and benefits expenses of the 
Office of Policy Development and Research, $18,070,850.


                   Fair Housing and Equal Opportunity


    For necessary personnel compensation and benefits expenses of the 
Office of Fair Housing and Equal Opportunity, $69,020,990.


             Office of Healthy Homes and Lead Hazard Control


    For necessary personnel compensation and benefits expenses of the 
Office of Healthy Homes and Lead Hazard Control, $6,727,950.

                        Public and Indian Housing


                     tenant-based rental assistance


                      (including transfer of funds)


    For activities and assistance for the provision of tenant-based 
rental assistance authorized under the United States Housing Act of 
1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not 
otherwise provided for, $16,817,000,000, to remain available until 
expended, of which $12,817,000,000 shall be available on October 1, 
2008, and $4,000,000,000 shall be available on October 1, 2009: 
Provided, That the amounts made available under this heading are 
provided as follows:
            (1) $15,034,071,000 shall be available for renewals of 
        expiring section 8 tenant-based annual contributions contracts 
        (including renewals of enhanced vouchers under any provision of 
        law authorizing such assistance under section 8(t) of the Act) 
        and including renewal of other designated housing vouchers 
        initially funded in fiscal year 2008 (such as Family 
        Unification, Veterans Affairs Supportive Housing Vouchers and 
        Non-elderly Disabled Vouchers): Provided, That notwithstanding 
        any other provision of law, from amounts provided under this 
        paragraph and any carryover, the Secretary for the calendar year 
        2009 funding cycle shall provide renewal funding for each public 
        housing agency based on voucher management system (VMS) leasing 
        and cost data for the most recent Federal fiscal year and by 
        applying the 2009 Annual Adjustment Factor as established by the 
        Secretary, and by making any necessary adjustments for the costs 
        associated with deposits to family self-sufficiency program 
        escrow accounts or first-time renewals including tenant 
        protection or HOPE VI vouchers: Provided further, That none of 
        the funds provided under this paragraph may be used to fund a 
        total number of unit months under lease which exceeds a public 
        housing

[[Page 123 STAT. 953]]

        agency's authorized level of units under contract: Provided 
        further, That the Secretary shall, to the extent necessary to 
        stay within the amount specified under this paragraph (except as 
        otherwise modified under this Act), pro rate each public housing 
        agency's allocation otherwise established pursuant to this 
        paragraph: Provided further, 
        That <<NOTE: Notification. Deadline.>>  except as provided in 
        the last two provisos, the entire amount specified under this 
        paragraph (except as otherwise modified under this Act) shall be 
        obligated to the public housing agencies based on the allocation 
        and pro rata method described above and the Secretary shall 
        notify public housing agencies of their annual budget not later 
        than 60 days after enactment of this Act: Provided further, That 
        the Secretary may extend the 60-day notification period with the 
        written approval of the House and Senate Committees on 
        Appropriations: Provided further, That public housing agencies 
        participating in the Moving to Work demonstration shall be 
        funded pursuant to their Moving to Work agreements and shall be 
        subject to the same pro rata adjustments under the previous 
        provisos: Provided further, That up to $100,000,000 shall be 
        available only: (1) to adjust the allocations for public housing 
        agencies, after application for an adjustment by a public 
        housing agency that experienced a significant increase, as 
        determined by the Secretary, in renewal costs of tenant-based 
        rental assistance resulting from unforeseen circumstances or 
        from portability under section 8(r) of the Act; (2) for 
        adjustments for public housing agencies with voucher leasing 
        rates at the end of the calendar year that exceed the average 
        leasing for the 12-month period used to establish the 
        allocation; (3) for adjustments for the costs associated with 
        VASH vouchers; and (4) for vouchers that were not in use during 
        the 12-month period in order to be available to meet a 
        commitment pursuant to section 8(o)(13) of the Act.
            (2) $150,000,000 for section 8 rental assistance for 
        relocation and replacement of housing units that are demolished 
        or disposed of pursuant to the Omnibus Consolidated Rescissions 
        and Appropriations Act of 1996 (Public Law 104-134), conversion 
        of section 23 projects to assistance under section 8, the family 
        unification program under section 8(x) of the Act, relocation of 
        witnesses in connection with efforts to combat crime in public 
        and assisted housing pursuant to a request from a law 
        enforcement or prosecution agency, enhanced vouchers under any 
        provision of law authorizing such assistance under section 8(t) 
        of the Act, HOPE VI vouchers, mandatory and voluntary 
        conversions, and tenant protection assistance including 
        replacement and relocation assistance or for project based 
        assistance to prevent the displacement of unassisted elderly 
        tenants currently residing in section 202 properties financed 
        between 1959 and 1974 that are refinanced pursuant to Public Law 
        106-569, as amended or under the authority as provided under 
        this Act: <<NOTE: Vouchers.>>  Provided, That the Secretary 
        shall provide replacement vouchers for all units that were 
        occupied within the previous 24 months that cease to be 
        available as assisted housing, subject only to the availability 
        of funds.
            (3) Not to exceed $7,929,000 provided under this heading may 
        be transferred to the Working Capital Fund: <<NOTE: Web 
        posting.>>  Provided, That funding made available under this 
        section shall not be transferred to the Working Capital Fund 
        until the voucher

[[Page 123 STAT. 954]]

        management system leasing and cost data is made available to the 
        public on the Department of Housing and Urban Development 
        website.
            (4) $1,500,000,000 for administrative and other expenses of 
        public housing agencies in administering the section 8 tenant-
        based rental assistance program and which up to $50,000,000 
        shall be available to the Secretary to allocate to public 
        housing agencies that need additional funds to administer their 
        section 8 programs, including fees associated with section 8 
        tenant protection rental assistance, the administration of 
        disaster related vouchers, Veterans Affairs Supportive Housing 
        vouchers, and other incremental vouchers: Provided, That no less 
        than $1,400,000,000 of the amount provided in this paragraph 
        shall be allocated to public housing agencies for the calendar 
        year 2009 funding cycle based on section 8(q) of the Act (and 
        related Appropriation Act provisions) as in effect immediately 
        before the enactment of the Quality Housing and Work 
        Responsibility Act of 1998 (Public Law 105-276): Provided 
        further, That if the amounts made available under this paragraph 
        are insufficient to pay the amounts determined under the 
        previous proviso, the Secretary may decrease the amounts 
        allocated to agencies by a uniform percentage applicable to all 
        agencies receiving funding under this paragraph or may, to the 
        extent necessary to provide full payment of amounts determined 
        under the previous proviso, utilize unobligated balances, 
        including recaptures and carryovers, remaining from funds 
        appropriated to the Department of Housing and Urban Development 
        under this heading, for fiscal year 2008 and prior fiscal years, 
        notwithstanding the purposes for which such amounts were 
        appropriated: Provided further, That amounts provided under this 
        paragraph shall be only for activities related to the provision 
        of tenant-based rental assistance authorized under section 8, 
        including related development activities: Provided further, That 
        of the total amount provided under this paragraph, $50,000,000 
        shall be made available for family self-sufficiency coordinators 
        under section 23 of the Act.
            (5) $20,000,000 for incremental voucher assistance through 
        the Family Unification Program: <<NOTE: Extension.>>  Provided, 
        That the assistance made available under this paragraph shall 
        continue to remain available for family unification upon 
        turnover: Provided further, That the Secretary of Housing and 
        Urban Development shall make such funding available, 
        notwithstanding section 204 (competition provision) of this 
        title, to entities with demonstrated experience and resources 
        for supportive services.
            (6) $75,000,000 for incremental rental voucher assistance 
        for use through a supported housing program administered in 
        conjunction with the Department of Veterans Affairs as 
        authorized under section 8(o)(19) of the United States Housing 
        Act of 1937: Provided, That the Secretary of Housing and Urban 
        Development shall make such funding available, notwithstanding 
        section 204 (competition provision) of this title, to public 
        housing agencies that partner with eligible VA Medical Centers 
        or other entities as designated by the Secretary of the 
        Department of Veterans Affairs, based on geographical need for 
        such assistance as identified by the Secretary of the

[[Page 123 STAT. 955]]

        Department of Veterans Affairs, public housing agency 
        administrative performance, and other factors as specified by 
        the Secretary of Housing and Urban Development in consultation 
        with the Secretary of the Department of Veterans 
        Affairs: <<NOTE: Waiver authority.>>  Provided further, That the 
        Secretary of Housing and Urban Development may waive, or specify 
        alternative requirements for (in consultation with the Secretary 
        of the Department of Veterans Affairs), any provision of any 
        statute or regulation that the Secretary of Housing and Urban 
        Development administers in connection with the use of funds made 
        available under this paragraph (except for requirements related 
        to fair housing, nondiscrimination, labor standards, and the 
        environment), upon a finding by the Secretary that any such 
        waivers or alternative requirements are necessary for the 
        effective delivery and administration of such voucher 
        assistance: <<NOTE: Extension.>>  Provided further, That 
        assistance made available under this paragraph shall continue to 
        remain available for homeless veterans upon turn-over.
            (7) $30,000,000 for incremental vouchers under section 8 of 
        the Act for nonelderly disabled families: <<NOTE: Extension.>>  
        Provided, That assistance made available under this paragraph 
        shall continue to remain available for the same population upon 
        turnover: Provided further, That the Secretary of Housing and 
        Urban Development shall make such funding available, 
        notwithstanding section 204 (competition provision) of this 
        title, to entities with demonstrated experience and resources 
        for supportive services.


                        housing certificate fund


    Of the unobligated balances, including recaptures and carryover, 
remaining from funds appropriated to the Department of Housing and Urban 
Development under this heading, the heading ``Annual Contributions for 
Assisted Housing'' and the heading ``Project-Based Rental Assistance'', 
for fiscal year 2009 and prior years may be used for renewal of or 
amendments to section 8 project-based contracts and for performance-
based contract administrators, notwithstanding the purposes for which 
such funds were appropriated: <<NOTE: Contracts. Termination.>>  
Provided, That any obligated balances of contract authority from fiscal 
year 1974 and prior that have been terminated shall be cancelled.

                       public housing capital fund

                      (including transfer of funds)

    For the <<NOTE: Deadline.>>  Public Housing Capital Fund Program to 
carry out capital and management activities for public housing agencies, 
as authorized under section 9 of the United States Housing Act of 1937 
(42 U.S.C. 1437g) (the ``Act'') $2,450,000,000, to remain available 
until September 30, 2012: Provided, That notwithstanding any other 
provision of law or regulation, during fiscal year 2009 the Secretary of 
Housing and Urban Development may not delegate to any Department 
official other than the Deputy Secretary and the Assistant Secretary for 
Public and Indian Housing any authority under paragraph (2) of section 
9(j) regarding the extension of the time periods under such 
section: <<NOTE: Definition.>>  Provided further, That for purposes of 
such section 9(j), the term ``obligate'' means, with respect to amounts, 
that the amounts are subject to a binding agreement

[[Page 123 STAT. 956]]

that will result in outlays, immediately or in the future: Provided 
further, That of the total amount provided under this heading, up to 
$10,000,000 shall be for carrying out activities under section 9(h) of 
such Act; not to exceed $14,577,000 may be transferred to the Working 
Capital Fund; and up to $15,345,000 shall be to support the ongoing 
Public Housing Financial and Physical Assessment activities of the Real 
Estate Assessment Center (REAC): Provided further, That no funds may be 
used under this heading for the purposes specified in section 9(k) of 
the Act: Provided further, That of the total amount provided under this 
heading, not to exceed $20,000,000 shall be available for the Secretary 
to make grants, notwithstanding section 204 of this Act, to public 
housing agencies for emergency capital needs including safety and 
security measures necessary to address crime and drug-related activity 
as well as needs resulting from unforeseen or unpreventable emergencies 
and natural disasters excluding Presidentially declared disasters 
occurring in fiscal year 2009: Provided further, That of the total 
amount provided under this heading, $40,000,000 shall be for supportive 
services, service coordinators and congregate services as authorized by 
section 34 of the Act (42 U.S.C. 1437z-6) and the Native American 
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et 
seq.): Provided further, That of the total amount provided under this 
heading up to $8,820,000 is to support the costs of administrative and 
judicial receiverships: <<NOTE: Bonus awards.>>  Provided further, That 
from the funds made available under this heading, the Secretary shall 
provide bonus awards in fiscal year 2009 to public housing agencies that 
are designated high performers.


                      Public Housing Operating Fund


    For 2009 payments to public housing agencies for the operation and 
management of public housing, as authorized by section 9(e) of the 
United States Housing Act of 1937 (42 U.S.C. 1437g(e)), $4,455,000,000; 
of which $5,940,000 shall be for competitive grants and contracts to 
third parties for the provision of technical assistance to public 
housing agencies related to the transition and implementation of asset-
based management in public housing: Provided, That, <<NOTE: 42 USC 1437g 
note.>>  in fiscal year 2009 and all fiscal years hereafter, no amounts 
under this heading in any appropriations Act may be used for payments to 
public housing agencies for the costs of operation and management of 
public housing for any year prior to the current year of such Act: 
Provided further, That no funds may be used under this heading for the 
purposes specified in section 9(k) of the United States Housing Act of 
1937.


     Revitalization of Severely Distressed Public Housing (Hope VI)


    For grants to public housing agencies for demolition, site 
revitalization, replacement housing, and tenant-based assistance grants 
to projects as authorized by section 24 of the United States Housing Act 
of 1937 (42 U.S.C. 1437v), $120,000,000, to remain available until 
September 30, 2010, of which the Secretary of Housing and Urban 
Development shall use $2,400,000 for technical assistance and contract 
expertise, to be provided directly or indirectly by grants, contracts or 
cooperative agreements, including training and cost of necessary travel 
for participants in such training, by or to officials and employees of 
the department and of public housing agencies and to residents: 
Provided, That none

[[Page 123 STAT. 957]]

of such funds shall be used directly or indirectly by granting 
competitive advantage in awards to settle litigation or pay judgments, 
unless expressly permitted herein.


                  Native American Housing Block Grants


    For the Native American Housing Block Grants program, as authorized 
under title I of the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.), 
$645,000,000, to remain available until expended: Provided, That, 
notwithstanding the Native American Housing Assistance and Self-
Determination Act of 1996, to determine the amount of the allocation 
under title I of such Act for each Indian tribe, the Secretary shall 
apply the formula under section 302 of such Act with the need component 
based on single-race Census data and with the need component based on 
multi-race Census data, and the amount of the allocation for each Indian 
tribe shall be the greater of the two resulting allocation amounts: 
Provided further, That of the amounts made available under this heading, 
$3,500,000 shall be contracted for assistance for a national 
organization representing Native American housing interests for 
providing training and technical assistance to Indian housing 
authorities and tribally designated housing entities as authorized under 
NAHASDA; and $4,250,000 shall be to support the inspection of Indian 
housing units, contract expertise, training, and technical assistance in 
the training, oversight, and management of such Indian housing and 
tenant-based assistance, including up to $300,000 for related travel: 
Provided further, That of the amount provided under this heading, 
$2,000,000 shall be made available for the cost of guaranteed notes and 
other obligations, as authorized by title VI of NAHASDA: Provided 
further, That such costs, including the costs of modifying such notes 
and other obligations, shall be as defined in section 502 of the 
Congressional Budget Act of 1974, as amended: Provided further, That 
these funds are available to subsidize the total principal amount of any 
notes and other obligations, any part of which is to be guaranteed, not 
to exceed $17,000,000.


                   native hawaiian housing block grant


    For the Native Hawaiian Housing Block Grant program, as authorized 
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111 et seq.), $10,000,000, to 
remain available until expended: Provided, That of this amount, $299,211 
shall be for training and technical assistance activities, including up 
to $100,000 for related travel by Hawaii-based HUD employees.


           Indian Housing Loan Guarantee Fund Program Account


    For the cost of guaranteed loans, as authorized by section 184 of 
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a), 
$9,000,000, to remain available until expended: Provided, That such 
costs, including the costs of modifying such loans, shall be as defined 
in section 502 of the Congressional Budget Act of 1974: Provided 
further, That these funds are available to subsidize total loan 
principal, any part of which is to be guaranteed, up to $420,000,000: 
Provided further, That up to $750,000 shall

[[Page 123 STAT. 958]]

be for administrative contract expenses including management processes 
and systems to carry out the loan guarantee program.


       Native Hawaiian Housing Loan Guarantee Fund Program Account


    For the cost of guaranteed loans, as authorized by section 184A of 
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13b), 
$1,044,000, to remain available until expended: Provided, That such 
costs, including the costs of modifying such loans, shall be as defined 
in section 502 of the Congressional Budget Act of 1974: Provided 
further, That these funds are available to subsidize total loan 
principal, any part of which is to be guaranteed, not to exceed 
$41,504,255.

                   Community Planning and Development


               housing opportunities for persons with aids


                      (including transfer of funds)


    For carrying out the Housing Opportunities for Persons with AIDS 
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C. 
12901 et seq.), $310,000,000, to remain available until September 30, 
2010, except that amounts allocated pursuant to section 854(c)(3) of 
such Act shall remain available until September 30, 
2011: <<NOTE: Contracts.>>  Provided, That the Secretary shall renew all 
expiring contracts for permanent supportive housing that were funded 
under section 854(c)(3) of such Act that meet all program requirements 
before awarding funds for new contracts and activities authorized under 
this section: Provided further, That the Secretary may use not to exceed 
$1,485,000 of the funds under this heading for training, oversight, and 
technical assistance activities; and not to exceed $1,750,000 may be 
transferred to the Working Capital Fund.


                 Rural Housing and Economic Development


    For the Office of Rural Housing and Economic Development in the 
Department of Housing and Urban Development, $26,000,000, to remain 
available until expended, which amount shall be competitively awarded by 
September 1, 2009, to Indian tribes, State housing finance agencies, 
State community and/or economic development agencies, local rural 
nonprofits and community development corporations to support innovative 
housing and economic development activities in rural areas: Provided, 
That of the total amount made available under this heading, not less 
than $5,000,000 shall be made available to promote economic development 
and entrepreneurship for federally recognized Indian Tribes, through 
activities including the capitalization of revolving loan programs and 
business planning and development, funding is also made available for 
technical assistance to increase capacity through training and outreach 
activities.

[[Page 123 STAT. 959]]

                       Community Development Fund


                      (including transfer of funds)


    For assistance to units of State and local government, and to other 
entities, for economic and community development activities, and for 
other purposes, $3,900,000,000, to remain available until September 30, 
2011, unless otherwise specified: Provided, That of the total amount 
provided, $3,641,966,875 is for carrying out the community development 
block grant program under title I of the Housing and Community 
Development Act of 1974, as amended (the ``Act'' herein) (42 U.S.C. 5301 
et seq.): Provided further, That unless explicitly provided for under 
this heading (except for planning grants provided in the second 
paragraph and amounts made available under the third paragraph), not to 
exceed 20 percent of any grant made with funds appropriated under this 
heading shall be expended for planning and management development and 
administration: Provided further, That of the total amount made 
available under this heading, not to exceed $3,175,000 may be 
transferred to the Working Capital Fund: Provided further, That 
$5,000,000 is for technical assistance as authorized by section 
107(b)(4) of such Act: Provided further, That $65,000,000 shall be for 
grants to Indian tribes notwithstanding section 106(a)(1) of such Act, 
of which, notwithstanding any other provision of law (including section 
204 of this Act), up to $3,960,000 may be used for emergencies that 
constitute imminent threats to health and safety.
    Of the amount made available under this heading, $165,311,875 shall 
be available for grants for the Economic Development Initiative (EDI) to 
finance a variety of targeted economic investments in accordance with 
the terms and conditions specified in the explanatory statement 
accompanying this Act: Provided, That none of the funds provided under 
this paragraph may be used for program operations: Provided further, 
That, for fiscal years 2007, 2008 and 2009, no unobligated funds for EDI 
grants may be used for any purpose except acquisition, planning, design, 
purchase of equipment, revitalization, redevelopment or construction.
    Of the amount made available under this heading, $19,546,250 shall 
be available for neighborhood initiatives that are utilized to improve 
the conditions of distressed and blighted areas and neighborhoods, to 
stimulate investment, economic diversification, and community 
revitalization in areas with population outmigration or a stagnating or 
declining economic base, or to determine whether housing benefits can be 
integrated more effectively with welfare reform initiatives: Provided, 
That amounts made available under this paragraph shall be provided in 
accordance with the terms and conditions specified in the explanatory 
statement accompanying this Act.
    The referenced statement of managers under this heading in title III 
of division A of Public Law 109-115 is deemed to be amended with respect 
to item number 889 by striking ``Perry County, Pennsylvania to develop 
an industrial park in New Bloomfield'' and inserting ``Perry County, 
Pennsylvania to develop an industrial park in Penn Township/Duncannon''.
    The referenced statement of managers under the heading ``Community 
Planning and Development'' in title II of division K of Public Law 110-
161 is deemed to be amended by striking: ``Golden Castings Foundry 
Demolition and Site Remediation Project

[[Page 123 STAT. 960]]

to raze and remediate the site of the former Golden Castings Foundry for 
the demolition and environmental remediation costs of the Golden 
Castings foundry site'' and inserting ``To remediate the former site of 
the Columbus Wood Treating Plant in Columbus, Indiana''.
    The referenced explanatory statement under this heading in Public 
Law 110-161 is deemed to be amended with respect to the fourth item 
included in the table found on page 2439 with respect to amounts made 
available for the Springfield Boys and Girls Club by striking 
``Springfield Boys and Girls Club; Community Center; Springfield, IL; 
Planning, development, land acquisition, and construction costs for a 
new community center in Springfield.'' and inserting ``City of 
Springfield for capital costs associated with the Edwin Watts Southwind 
Park''.
    The referenced statement of managers under the heading ``Community 
Development Fund'' in title II of division K of Public Law 110-161 is 
deemed to be amended by striking: ``City of Charlotte, NC for land 
acquisition in the development of the Belvedere Business Park'' and 
inserting ``City of Charlotte, NC for development of the Belvedere 
Business Park''.


          Community Development Loan Guarantees Program Account


    For the cost of guaranteed loans, $6,000,000, to remain available 
until September 30, 2010, as authorized by section 108 of the Housing 
and Community Development Act of 1974 (42 U.S.C. 5308): Provided, That 
such costs, including the cost of modifying such loans, shall be as 
defined in section 502 of the Congressional Budget Act of 1974: Provided 
further, That these funds are available to subsidize total loan 
principal, any part of which is to be guaranteed, not to exceed 
$275,000,000, notwithstanding any aggregate limitation on outstanding 
obligations guaranteed in section 108(k) of the Housing and Community 
Development Act of 1974, as amended.


                        brownfields redevelopment


    For competitive economic development grants, as authorized by 
section 108(q) of the Housing and Community Development Act of 1974, as 
amended, for Brownfields redevelopment projects, $10,000,000, to remain 
available until September 30, 2010: Provided, That no funds made 
available under this heading may be used to establish loan loss reserves 
for the section 108 Community Development Loan Guarantee program.


                  HOME Investment Partnerships Program


                      (including transfer of funds)


    For the HOME investment partnerships program, as authorized under 
title II of the Cranston-Gonzalez National Affordable Housing Act, as 
amended, $1,825,000,000, to remain available until September 30, 2011, 
of which not to exceed $4,200,000 may be transferred to the Working 
Capital Fund: Provided, That up to $12,000,000 shall be available for 
technical assistance: Provided further, That, in prior appropriations 
Acts for Community Housing Development Organizations technical 
assistance, and that still

[[Page 123 STAT. 961]]

remain available, may be used for HOME technical assistance 
notwithstanding the purposes for which such amounts were appropriated.


        self-help and assisted homeownership opportunity program


    For the Self-Help and Assisted Homeownership Opportunity Program, as 
authorized under section 11 of the Housing Opportunity Program Extension 
Act of 1996, as amended, $64,000,000 to remain available until September 
30, 2011: Provided, That of the total amount provided under this 
heading, $26,500,000 shall be made available to the Self-Help and 
Assisted Homeownership Opportunity Program as authorized under section 
11 of the Housing Opportunity Program Extension Act of 1996, as amended: 
Provided further, That $34,000,000 shall be made available for the 
second, third and fourth capacity building activities authorized under 
section 4(a) of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), 
of which not less than $5,000,000 may be made available for rural 
capacity building activities: Provided further, That $3,500,000 shall be 
made available for capacity building activities as authorized in 
sections 6301 through 6305 of Public Law 110-246.


                       Homeless Assistance Grants


                      (including transfer of funds)


    For the emergency shelter grants program as authorized under 
subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, as 
amended; the supportive housing program as authorized under subtitle C 
of title IV of such Act; the section 8 moderate rehabilitation single 
room occupancy program as authorized under the United States Housing Act 
of 1937, as amended, to assist homeless individuals pursuant to section 
441 of the McKinney-Vento Homeless Assistance Act; and the shelter plus 
care program as authorized under subtitle F of title IV of such Act, 
$1,677,000,000, of which $1,672,000,000 shall remain available until 
September 30, 2011, and of which $5,000,000 shall remain available until 
expended for rehabilitation projects with 10-year grant terms: Provided, 
That of the amount provided, $10,000,000 shall be made available to 
conduct a demonstration program on the prevention of homelessness among 
the Nation's veterans: Provided further, That the Secretary shall work 
in coordination with the Department of Veterans Affairs and the 
Department of Labor to select a limited number of urban and rural sites 
in which to carry out this demonstration: Provided further, That in 
selecting sites, the Secretary shall evaluate the rate of homelessness 
among veterans in the area, and the experience of the grantees in 
coordinating with Department of Veterans Affairs and the Department of 
Labor to enable veterans to access mainstream programs: Provided 
further, That of the sites selected, up to three shall have a high 
number of service members separating from the military and transitioning 
into civilian life: Provided further, That the Secretary shall also 
select up to four sites located in rural areas to evaluate how to 
effectively serve veterans in rural areas, many of whom may have been 
part of the National Guard, may have limited access to the Department of 
Veterans Affairs medical centers, and may have dependent family members: 
Provided further, That funding made available under this demonstration 
shall be available for housing

[[Page 123 STAT. 962]]

and appropriate services to prevent veterans and their families from 
becoming homeless or reduce the length of time veterans and their 
families are homeless: Provided further, That of the amounts made 
available under this heading, not to exceed $750,000 may be available 
for an evaluation of this demonstration: Provided further, That not less 
than 30 percent of funds made available, excluding amounts provided for 
renewals under the shelter plus care program, shall be used for 
permanent housing for individuals and families: Provided further, That 
all funds awarded for services shall be matched by not less than 25 
percent in funding by each grantee: Provided further, That for all match 
requirements applicable to funds made available under this heading for 
this fiscal year and prior years, a grantee may use (or could have used) 
as a source of match funds other funds administered by the Secretary and 
other Federal agencies unless there is (or was) a specific statutory 
prohibition on any such use of any such funds: Provided further, 
That <<NOTE: Contracts.>>  the Secretary shall renew on an annual basis 
expiring contracts or amendments to contracts funded under the shelter 
plus care program if the program is determined to be needed under the 
applicable continuum of care and meets appropriate program requirements 
and financial standards, as determined by the Secretary: Provided 
further, That all awards of assistance under this heading shall be 
required to coordinate and integrate homeless programs with other 
mainstream health, social services, and employment programs for which 
homeless populations may be eligible, including Medicaid, State 
Children's Health Insurance Program, Temporary Assistance for Needy 
Families, Food Stamps, and services funding through the Mental Health 
and Substance Abuse Block Grant, Workforce Investment Act, and the 
Welfare-to-Work grant program: Provided further, That up to $8,000,000 
of the funds appropriated under this heading shall be available for the 
national homeless data analysis project and technical assistance: 
Provided further, That of the total amount made available under this 
heading, not to exceed $2,675,000 may be transferred to the Working 
Capital Fund: Provided further, That $3,000,000 of the funds 
appropriated under this heading shall be used to conduct research on 
homeless issues, including homeless prevention and youth homelessness: 
Provided further, That all balances for Shelter Plus Care renewals 
previously funded from the Shelter Plus Care Renewal account and 
transferred to this account shall be available, if recaptured, for 
Shelter Plus Care renewals in fiscal year 2009: Provided further, That 
this heading in the Department of Housing and Urban Development 
Appropriations Act, 2008 <<NOTE: 122 Stat. 2423.>>  is amended by 
inserting the following new proviso after the third proviso: ``Provided 
further, That the Secretary may renew grants made under this 
demonstration program and may treat such original grants and any such 
renewal grants as if these grants were made under the supportive housing 
program:''.

                            Housing Programs


                     Project-Based Rental Assistance


                      (including transfer of funds)


    For activities and assistance for the provision of project-based 
subsidy contracts under the United States Housing Act of 1937 (42 U.S.C. 
1437 et seq.) (``the Act''), not otherwise provided for,

[[Page 123 STAT. 963]]

$7,100,000,000, to remain available until expended, shall be available 
on October 1, 2008, and $400,000,000, to remain available until 
expended, shall be available on October 1, 2009: Provided, That the 
amounts made available under this heading are provided as follows:
            (1) $6,868,000,000 shall be available for expiring or 
        terminating section 8 project-based subsidy contracts (including 
        section 8 moderate rehabilitation contracts), for amendments to 
        section 8 project-based subsidy contracts (including section 8 
        moderate rehabilitation contracts), for contracts entered into 
        pursuant to section 441 of the McKinney-Vento Homeless 
        Assistance Act (42 U.S.C. 11401), for renewal of section 8 
        contracts for units in projects that are subject to approved 
        plans of action under the Emergency Low Income Housing 
        Preservation Act of 1987 or the Low-Income Housing Preservation 
        and Resident Homeownership Act of 1990, and for administrative 
        and other expenses associated with project-based activities and 
        assistance funded under this paragraph.
            (2) Up to $232,000,000 shall be available for performance-
        based contract administrators for section 8 project-based 
        assistance: Provided, That the Secretary of Housing and Urban 
        Development may also use such amounts for performance-based 
        contract administrators for the administration of: interest 
        reduction payments pursuant to section 236(a) of the National 
        Housing Act (12 U.S.C. 1715z-1(a)); rent supplement payments 
        pursuant to section 101 of the Housing and Urban Development Act 
        of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental assistance 
        payments (12 U.S.C. 1715z-1(f)(2)); project rental assistance 
        contracts for the elderly under section 202(c)(2) of the Housing 
        Act of 1959 (12 U.S.C. 1701q); project rental assistance 
        contracts for supportive housing for persons with disabilities 
        under section 811(d)(2) of the Cranston-Gonzalez National 
        Affordable Housing Act (42 U.S.C. 8013(d)(2)); project 
        assistance contracts pursuant to section 202(h) of the Housing 
        Act of 1959 (Public Law 86-372; 73 Stat. 667); and loans under 
        section 202 of the Housing Act of 1959 (Public Law 86-372; 73 
        Stat. 667).
            (3) Not to exceed $10,000,000 provided under this heading 
        may be transferred to the Working Capital Fund.
            (4) Amounts recaptured under this heading, the heading 
        ``Annual Contributions for Assisted Housing'', or the heading 
        ``Housing Certificate Fund'' may be used for renewals of or 
        amendments to section 8 project-based contracts or for 
        performance-based contract administrators, notwithstanding the 
        purposes for which such amounts were appropriated.


                         Housing for the Elderly


                      (including transfer of funds)


    For capital advances, including amendments to capital advance 
contracts, for housing for the elderly, as authorized by section 202 of 
the Housing Act of 1959, as amended, and for project rental assistance 
for the elderly under section 202(c)(2) of such Act, including 
amendments to contracts for such assistance and renewal of expiring 
contracts for such assistance for up to a 1-year term, and for 
supportive services associated with the housing, $765,000,000, to remain 
available until September 30, 2012, of which up to $626,400,000 shall be 
for capital advance and project-

[[Page 123 STAT. 964]]

based rental assistance awards: Provided, That, of the amount provided 
under this heading, up to $90,000,000 shall be for service coordinators 
and the continuation of existing congregate service grants for residents 
of assisted housing projects, and of which up to $25,000,000 shall be 
for grants under section 202b of the Housing Act of 1959 (12 U.S.C. 
1701q-2) for conversion of eligible projects under such section to 
assisted living or related use and for substantial and emergency capital 
repairs as determined by the Secretary: Provided further, That of the 
amount made available under this heading, $20,000,000 shall be available 
to the Secretary of Housing and Urban Development only for making 
competitive grants to private nonprofit organizations and consumer 
cooperatives for covering costs of architectural and engineering work, 
site control, and other planning relating to the development of 
supportive housing for the elderly that is eligible for assistance under 
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q): Provided 
further, That amounts under this heading shall be available for Real 
Estate Assessment Center inspections and inspection-related activities 
associated with section 202 capital advance projects: Provided further, 
That up to $2,000,000 of the total amount made available under this 
heading shall be for technical assistance to improve grant applications 
and to facilitate the development of housing for the elderly under 
section 202 of the Housing Act of 1959, and supportive housing for 
persons with disabilities under section 811 of the Cranston-Gonzales 
National Affordable Housing Act: Provided further, That of the total 
amount made available under this heading, not to exceed $1,600,000 may 
be transferred to the Working Capital Fund: <<NOTE: Waiver authority.>>  
Provided further, That the Secretary may waive the provisions of section 
202 governing the terms and conditions of project rental assistance, 
except that the initial contract term for such assistance shall not 
exceed 5 years in duration.


                  Housing for Persons With Disabilities


                      (including transfer of funds)


    For capital advance contracts, including amendments to capital 
advance contracts, for supportive housing for persons with disabilities, 
as authorized by section 811 of the Cranston-Gonzalez National 
Affordable Housing Act (42 U.S.C. 8013), for project rental assistance 
for supportive housing for persons with disabilities under section 
811(d)(2) of such Act, including amendments to contracts for such 
assistance and renewal of expiring contracts for such assistance for up 
to a 1-year term, and for supportive services associated with the 
housing for persons with disabilities as authorized by section 811(b)(1) 
of such Act, and for tenant-based rental assistance contracts entered 
into pursuant to section 811 of such Act, $250,000,000, of which up to 
$161,300,000 shall be for capital advances and project-based rental 
assistance contracts, to remain available until September 30, 2012: 
Provided, That of the total amount made available under this heading, 
not to exceed $1,600,000 may be transferred to the Working Capital Fund: 
Provided further, That, of the amount provided under this heading, 
$87,100,000 shall be for amendments or renewal of tenant-based 
assistance contracts entered into prior to fiscal year 2005 (only one 
amendment authorized for any such contract): Provided further, That all 
tenant-based assistance made available under this heading shall continue 
to remain available only to persons with disabilities: <<NOTE: Waiver 
authority.>>  Provided further,

[[Page 123 STAT. 965]]

That the Secretary may waive the provisions of section 811 governing the 
terms and conditions of project rental assistance and tenant-based 
assistance, except that the initial contract term for such assistance 
shall not exceed 5 years in duration: <<NOTE: Inspections.>>  Provided 
further, That amounts made available under this heading shall be 
available for Real Estate Assessment Center inspections and inspection-
related activities associated with section 811 Capital Advance Projects.


                      Housing Counseling Assistance


    For contracts, grants, and other assistance excluding loans, as 
authorized under section 106 of the Housing and Urban Development Act of 
1968, as amended, $65,000,000, including up to $2,000,000 for 
administrative contract services, to remain available until September 
30, 2010: Provided, That funds shall be used for providing counseling 
and advice to tenants and homeowners, both current and prospective, with 
respect to property maintenance, financial management/literacy, and such 
other matters as may be appropriate to assist them in improving their 
housing conditions, meeting their financial needs, and fulfilling the 
responsibilities of tenancy or homeownership; for program 
administration; and for housing counselor training.


                     other assisted housing programs


                        rental housing assistance


    For amendments to contracts under section 101 of the Housing and 
Urban Development Act of 1965 (12 U.S.C. 1701s) and section 236(f)(2) of 
the National Housing Act (12 U.S.C. 1715z-1) in State-aided, non-insured 
rental housing projects, $27,600,000, to remain available until 
expended.


                             Rent Supplement


                              (rescission)


    Of the amounts recaptured from terminated contracts under section 
101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s) 
and section 236 of the National Housing Act (12 U.S.C. 1715z-1) 
$37,600,000 are rescinded.


             Payment to Manufactured Housing Fees Trust Fund


    For necessary expenses as authorized by the National Manufactured 
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et 
seq.), up to $16,000,000, to remain available until expended, of which 
$10,600,000 is to be derived from the Manufactured Housing Fees Trust 
Fund: Provided, That not to exceed the total amount appropriated under 
this heading shall be available from the general fund of the Treasury to 
the extent necessary to incur obligations and make expenditures pending 
the receipt of collections to the Fund pursuant to section 620 of such 
Act: Provided further, That the amount made available under this heading 
from the general fund shall be reduced as such collections are received 
during fiscal year 2009 so as to result in a final fiscal year 2009 
appropriation from the general fund estimated at not more than 
$5,400,000 and fees pursuant to such section

[[Page 123 STAT. 966]]

620 shall be modified as necessary to ensure such a final fiscal year 
2009 appropriation: Provided further, That for the dispute resolution 
and installation programs, the Secretary of Housing and Urban 
Development may assess and collect fees from any program participant: 
Provided further, That such collections shall be deposited into the 
Fund, and the Secretary, as provided herein, may use such collections, 
as well as fees collected under section 620, for necessary expenses of 
such Act: Provided further, That notwithstanding the requirements of 
section 620 of such Act, the Secretary may carry out responsibilities of 
the Secretary under such Act through the use of approved service 
providers that are paid directly by the recipients of their services.

                     Federal Housing Administration


                mutual mortgage insurance program account


                     (including transfers of funds)


    During fiscal year 2009, commitments to guarantee single family 
loans insured under the Mutual Mortgage Insurance Fund shall not exceed 
a loan principal of $315,000,000,000. During fiscal year 2009, 
obligations to make direct loans to carry out the purposes of section 
204(g) of the National Housing Act, as amended, shall not exceed 
$50,000,000: Provided, That the foregoing amount shall be for loans to 
nonprofit and governmental entities in connection with sales of single 
family real properties owned by the Secretary and formerly insured under 
the Mutual Mortgage Insurance Fund. For administrative contract 
expenses, $116,000,000, of which at least $46,794,000 shall, and up to 
$58,492,500 may, be transferred to the Working Capital Fund, and of 
which up to $7,500,000 shall be for education and outreach of FHA single 
family loan products: Provided further, That to the extent guaranteed 
loan commitments exceed $65,500,000,000 on or before April 1, 2009, an 
additional $1,400 for administrative contract expenses shall be 
available for each $1,000,000 in additional guaranteed loan commitments 
(including a pro rata amount for any amount below $1,000,000), but in no 
case shall funds made available by this proviso exceed $30,000,000.


                general and special risk program account


    For the cost of guaranteed loans, as authorized by sections 238 and 
519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c), including 
the cost of loan guarantee modifications, as that term is defined in 
section 502 of the Congressional Budget Act of 1974, as amended, 
$8,600,000, to remain available until expended: Provided, That 
commitments to guarantee loans shall not exceed $45,000,000,000 in total 
loan principal, any part of which is to be guaranteed. Gross obligations 
for the principal amount of direct loans, as authorized by sections 
204(g), 207(l), 238, and 519(a) of the National Housing Act, shall not 
exceed $50,000,000, of which not to exceed $30,000,000 shall be for 
bridge financing in connection with the sale of multifamily real 
properties owned by the Secretary and formerly insured under such Act; 
and of which not to exceed $20,000,000 shall be for loans to nonprofit 
and governmental entities in connection with the sale of single-family 
real properties owned by the Secretary and formerly

[[Page 123 STAT. 967]]

insured under such Act. For administrative contract expenses necessary 
to carry out the guaranteed and direct loan programs, $48,871,000, of 
which at least $47,871,000 shall be for administrative contracts and up 
to $1,000,000 shall be for consumer education and outreach for FHA loan 
products.

                Government National Mortgage Association


 Guarantees of Mortgage-Backed Securities Loan Guarantee Program Account


    New commitments to issue guarantees to carry out the purposes of 
section 306 of the National Housing Act, as amended (12 U.S.C. 1721(g)), 
shall not exceed $300,000,000,000, to remain available until September 
30, 2010: Provided, That to the extent new guarantees of mortgage-backed 
securities exceed $75,000,000,000 on or before April 1, 2009, an 
additional $1,000 for administrative contract expenses shall be 
available for each $1,000,000 in additional guaranteed loan commitments 
(including a pro rata amount for any amount below $1,000,000) but in no 
case shall funds made available by this proviso exceed $14,000,000.

                     Policy Development and Research


                         Research and Technology


    For contracts, grants, and necessary expenses of programs of 
research and studies relating to housing and urban problems, not 
otherwise provided for, as authorized by title V of the Housing and 
Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including 
carrying out the functions of the Secretary of Housing and Urban 
Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of 
1968, $58,000,000, to remain available until September 30, 2010: 
Provided, That of the funds made available under this heading, 
$23,000,000 is for grants pursuant to section 107 of the Housing and 
Community Development Act of 1974 (42 U.S.C. 5307): Provided further, 
That at least $1,000,000 shall be available for the Secretary to conduct 
a comprehensive study to be managed by the Office of Policy Development 
and Research, to analyze the administrative costs necessary to carry-out 
the tenant-based voucher program: Provided further, That of the total 
amount made available, $2,000,000 may be made available for technology 
directly related to disaster prone areas.

                   Fair Housing and Equal Opportunity


                         Fair Housing Activities


    For contracts, grants, and other assistance, not otherwise provided 
for, as authorized by title VIII of the Civil Rights Act of 1968, as 
amended by the Fair Housing Amendments Act of 1988, and section 561 of 
the Housing and Community Development Act of 1987, as amended, 
$53,500,000, to remain available until September 30, 2010, of which 
$27,500,000 shall be to carry out activities pursuant to such section 
561 of which up to $2,000,000 shall be made available to carryout 
authorized activities to protect the public from mortgage rescue scams: 
Provided, That notwithstanding 31 U.S.C. 3302, the Secretary may assess 
and collect fees to cover the costs of the Fair Housing Training 
Academy, and may use

[[Page 123 STAT. 968]]

such funds to provide such training: <<NOTE: Lobbying.>>  Provided 
further, That no funds made available under this heading shall be used 
to lobby the executive or legislative branches of the Federal Government 
in connection with a specific contract, grant or loan: Provided further, 
That of the funds made available under this heading, $500,000 shall be 
available to the Secretary of Housing and Urban Development for the 
creation and promotion of translated materials and other programs that 
support the assistance of persons with limited English proficiency in 
utilizing the services provided by the Department of Housing and Urban 
Development.

             Office of Healthy Homes and Lead Hazard Control


                          Lead Hazard Reduction


    For the Lead Hazard Reduction Program, as authorized by section 1011 
of the Residential Lead-Based Paint Hazard Reduction Act of 1992, 
$140,000,000, to remain available until September 30, 2010, of which not 
less than $14,600,000 shall be for the Healthy Homes Initiative, 
pursuant to sections 501 and 502 of the Housing and Urban Development 
Act of 1970 that shall include research, studies, testing, and 
demonstration efforts, including education and outreach concerning lead-
based paint poisoning and other housing-related diseases and hazards: 
Provided, That for purposes of environmental review, pursuant to the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
other provisions of law that further the purposes of such Act, a grant 
under the Healthy Homes Initiative, Operation Lead Elimination Action 
Plan (LEAP), or the Lead Technical Studies program under this heading or 
under prior appropriations Acts for such purposes under this heading, 
shall be considered to be funds for a special project for purposes of 
section 305(c) of the Multifamily Housing Property Disposition Reform 
Act of 1994: Provided further, That of the total amount made available 
under this heading, $48,000,000 shall be made available on a competitive 
basis for areas with the highest lead paint abatement needs: Provided 
further, That each recipient of funds provided under the second proviso 
shall make a matching contribution in an amount not less than 25 
percent: <<NOTE: Waiver authority.>>  Provided further, That the 
Secretary may waive the matching requirement cited in the preceding 
proviso on a case by case basis if the Secretary determines that such a 
waiver is necessary to advance the purposes of this 
program: <<NOTE: Plan. Notice.>>  Provided further, That each applicant 
shall submit a detailed plan and strategy that demonstrates adequate 
capacity that is acceptable to the Secretary to carry out the proposed 
use of funds pursuant to a notice of funding availability: Provided 
further, That amounts made available under this heading in prior 
appropriations Acts, and that still remain available, may be used for 
any purpose under this heading notwithstanding the purpose for which 
such amounts were appropriated: Provided further, That of the total 
amount made available under this heading, $250,000 shall be allocated 
through the Office of Healthy Homes and Lead Hazard Control to conduct 
communications and outreach to potential applicants to the Lead Hazard 
Reduction Demonstration Grant program.

[[Page 123 STAT. 969]]

                      Management and Administration


                          working capital fund


    For additional capital for the Working Capital Fund (42 U.S.C. 3535) 
for the development of, modifications to, and infrastructure for 
Department-wide information technology systems, for the continuing 
operation and maintenance of both Department-wide and program-specific 
information systems, and for program-related development activities, 
$224,000,000, to remain available until September 30, 2010, of which not 
less than $4,000,000 shall be used for planning for modernizing, 
improving and maintaining information technology applications and 
infrastructure supporting the FHA: Provided, That any amounts 
transferred to this Fund under this Act shall remain available until 
expended: Provided further, That any amounts transferred to this Fund 
from amounts appropriated by previously enacted appropriations Acts or 
from within this Act may be used only for the purposes specified under 
this Fund, in addition to the purposes for which such amounts were 
appropriated: Provided further, That up to $15,000,000 may be 
transferred to this account from all other accounts in this title 
(except for the Office of the Inspector General account) that make funds 
available for salaries and expenses.


                       Office of Inspector General


    For necessary salaries and expenses of the Office of Inspector 
General in carrying out the Inspector General Act of 1978, as amended, 
$120,000,000: Provided, That the Inspector General shall have 
independent authority over all personnel issues within this office.

     General Provisions--Department of Housing and Urban Development


                     (including rescission of funds)


    Sec. 201. Fifty percent of the amounts of budget authority, or in 
lieu thereof 50 percent of the cash amounts associated with such budget 
authority, that are recaptured from projects described in section 
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of 
1988 (42 U.S.C. 1437 note) shall be rescinded or in the case of cash, 
shall be remitted to the Treasury, and such amounts of budget authority 
or cash recaptured and not rescinded or remitted to the Treasury shall 
be used by State housing finance agencies or local governments or local 
housing agencies with projects approved by the Secretary of Housing and 
Urban Development for which settlement occurred after January 1, 1992, 
in accordance with such section. Notwithstanding the previous sentence, 
the Secretary may award up to 15 percent of the budget authority or cash 
recaptured and not rescinded or remitted to the Treasury to provide 
project owners with incentives to refinance their project at a lower 
interest rate.
    Sec. 202. None of the amounts made available under this Act may be 
used during fiscal year 2009 to investigate or prosecute under the Fair 
Housing Act any otherwise lawful activity engaged in by one or more 
persons, including the filing or maintaining of a non-frivolous legal 
action, that is engaged in solely for the

[[Page 123 STAT. 970]]

purpose of achieving or preventing action by a Government official or 
entity, or a court of competent jurisdiction.
    Sec. 203. <<NOTE: Grants. AIDS.>>  (a) Notwithstanding section 
854(c)(1)(A) of the AIDS Housing Opportunity Act (42 U.S.C. 
12903(c)(1)(A)), from any amounts made available under this title for 
fiscal year 2009 that are allocated under such section, the Secretary of 
Housing and Urban Development shall allocate and make a grant, in the 
amount determined under subsection (b), for any State that--
            (1) received an allocation in a prior fiscal year under 
        clause (ii) of such section; and
            (2) is not otherwise eligible for an allocation for fiscal 
        year 2009 under such clause (ii) because the areas in the State 
        outside of the metropolitan statistical areas that qualify under 
        clause (i) in fiscal year 2009 do not have the number of cases 
        of acquired immunodeficiency syndrome (AIDS) required under such 
        clause.

    (b) The amount of the allocation and grant for any State described 
in subsection (a) shall be an amount based on the cumulative number of 
AIDS cases in the areas of that State that are outside of metropolitan 
statistical areas that qualify under clause (i) of such section 
854(c)(1)(A) in fiscal year 2009, in proportion to AIDS cases among 
cities and States that qualify under clauses (i) and (ii) of such 
section and States deemed eligible under subsection (a).
    (c) Notwithstanding <<NOTE: New Jersey.>>  any other provision of 
law, the amount allocated for fiscal year 2009 under section 854(c) of 
the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of 
New York, New York, on behalf of the New York-Wayne-White Plains, New 
York-New Jersey Metropolitan Division (hereafter ``metropolitan 
division'') of the New York-Newark-Edison, NY-NJ-PA Metropolitan 
Statistical Area, shall be adjusted by the Secretary of Housing and 
Urban Development by: (1) allocating to the City of Jersey City, New 
Jersey, the proportion of the metropolitan area's or division's amount 
that is based on the number of cases of AIDS reported in the portion of 
the metropolitan area or division that is located in Hudson County, New 
Jersey, and adjusting for the proportion of the metropolitan division's 
high incidence bonus if this area in New Jersey also has a higher than 
average per capita incidence of AIDS; and (2) allocating to the City of 
Paterson, New Jersey, the proportion of the metropolitan area's or 
division's amount that is based on the number of cases of AIDS reported 
in the portion of the metropolitan area or division that is located in 
Bergen County and Passaic County, New Jersey, and adjusting for the 
proportion of the metropolitan division's high incidence bonus if this 
area in New Jersey also has a higher than average per capita incidence 
of AIDS. The recipient cities shall use amounts allocated under this 
subsection to carry out eligible activities under section 855 of the 
AIDS Housing Opportunity Act (42 U.S.C. 12904) in their respective 
portions of the metropolitan division that is located in New Jersey.

    (d) Notwithstanding any other provision of law, the amount allocated 
for fiscal year 2009 under section 854(c) of the AIDS Housing 
Opportunity Act (42 U.S.C. 12903(c)) to areas with a higher than average 
per capita incidence of AIDS, shall be adjusted by the Secretary on the 
basis of area incidence reported over a 3 year period.

[[Page 123 STAT. 971]]

    Sec. 204. Except as explicitly provided in law, any grant, 
cooperative agreement or other assistance made pursuant to title II of 
this Act shall be made on a competitive basis and in accordance with 
section 102 of the Department of Housing and Urban Development Reform 
Act of 1989 (42 U.S.C. 3545).
    Sec. 205. Funds of the Department of Housing and Urban Development 
subject to the Government Corporation Control Act or section 402 of the 
Housing Act of 1950 shall be available, without regard to the 
limitations on administrative expenses, for legal services on a contract 
or fee basis, and for utilizing and making payment for services and 
facilities of the Federal National Mortgage Association, Government 
National Mortgage Association, Federal Home Loan Mortgage Corporation, 
Federal Financing Bank, Federal Reserve banks or any member thereof, 
Federal Home Loan banks, and any insured bank within the meaning of the 
Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811-
1831).
    Sec. 206. Unless otherwise provided for in this Act or through a 
reprogramming of funds, no part of any appropriation for the Department 
of Housing and Urban Development shall be available for any program, 
project or activity in excess of amounts set forth in the budget 
estimates submitted to Congress.
    Sec. 207. Corporations and agencies of the Department of Housing and 
Urban Development which are subject to the Government Corporation 
Control Act, are hereby authorized to make such expenditures, within the 
limits of funds and borrowing authority available to each such 
corporation or agency and in accordance with law, and to make such 
contracts and commitments without regard to fiscal year limitations as 
provided by section 104 of such Act as may be necessary in carrying out 
the programs set forth in the budget for 2009 for such corporation or 
agency except as hereinafter provided: Provided, That collections of 
these corporations and agencies may be used for new loan or mortgage 
purchase commitments only to the extent expressly provided for in this 
Act (unless such loans are in support of other forms of assistance 
provided for in this or prior appropriations Acts), except that this 
proviso shall not apply to the mortgage insurance or guaranty operations 
of these corporations, or where loans or mortgage purchases are 
necessary to protect the financial interest of the United States 
Government.
    Sec. 208. <<NOTE: Budget estimate.>>  None of the funds provided in 
this title for technical assistance, training, or management 
improvements may be obligated or expended unless the Secretary of 
Housing and Urban Development provides to the Committees on 
Appropriations a description of each proposed activity and a detailed 
budget estimate of the costs associated with each program, project or 
activity as part of the Budget Justifications. <<NOTE: Deadline.>>  For 
fiscal year 2009, the Secretary shall transmit this information to the 
Committees by March 15, 2009 for 30 days of review.

    Sec. 209. <<NOTE: Reports. Deadline. Budget.>>  The Secretary of 
Housing and Urban Development shall provide quarterly reports to the 
House and Senate Committees on Appropriations regarding all uncommitted, 
unobligated, recaptured and excess funds in each program and activity 
within the jurisdiction of the Department and shall submit additional, 
updated budget information to these Committees upon request.

    Sec. 210. <<NOTE: AIDS. New Jersey.>>  (a) Notwithstanding any other 
provision of law, the amount allocated for fiscal year 2009 under 
section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), 
to the City

[[Page 123 STAT. 972]]

of Wilmington, Delaware, on behalf of the Wilmington, Delaware-Maryland-
New Jersey Metropolitan Division (hereafter ``metropolitan division''), 
shall be adjusted by the Secretary of Housing and Urban Development by 
allocating to the State of New Jersey the proportion of the metropolitan 
division's amount that is based on the number of cases of AIDS reported 
in the portion of the metropolitan division that is located in New 
Jersey, and adjusting for the proportion of the metropolitan division's 
high incidence bonus if this area in New Jersey also has a higher than 
average per capita incidence of AIDS. The State of New Jersey shall use 
amounts allocated to the State under this subsection to carry out 
eligible activities under section 855 of the AIDS Housing Opportunity 
Act (42 U.S.C. 12904) in the portion of the metropolitan division that 
is located in New Jersey.

    (b) Notwithstanding <<NOTE: North Carolina.>>  any other provision 
of law, the Secretary of Housing and Urban Development shall allocate to 
Wake County, North Carolina, the amounts that otherwise would be 
allocated for fiscal year 2009 under section 854(c) of the AIDS Housing 
Opportunity Act (42 U.S.C. 12903(c)) to the City of Raleigh, North 
Carolina, on behalf of the Raleigh-Cary, North Carolina Metropolitan 
Statistical Area. Any amounts allocated to Wake County shall be used to 
carry out eligible activities under section 855 of such Act (42 U.S.C. 
12904) within such metropolitan statistical area.

    (c) Notwithstanding section 854(c) of the AIDS Housing Opportunity 
Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban Development 
may adjust the allocation of the amounts that otherwise would be 
allocated for fiscal year 2009 under section 854(c) of such Act, upon 
the written request of an applicant, in conjunction with the State(s), 
for a formula allocation on behalf of a metropolitan statistical area, 
to designate the State or States in which the metropolitan statistical 
area is located as the eligible grantee(s) of the allocation. In the 
case that a metropolitan statistical area involves more than one State, 
such amounts allocated to each State shall be in proportion to the 
number of cases of AIDS reported in the portion of the metropolitan 
statistical area located in that State. Any amounts allocated to a State 
under this section shall be used to carry out eligible activities within 
the portion of the metropolitan statistical area located in that State.
    Sec. 211. <<NOTE: Budget.>>  The President's formal budget request 
for fiscal year 2010, as well as the Department of Housing and Urban 
Development's congressional budget justifications to be submitted to the 
Committees on Appropriations of the House of Representatives and the 
Senate, shall use the identical account and sub-account structure 
provided under this Act.

    Sec. 212. <<NOTE: State listing.>>  A public housing agency or such 
other entity that administers Federal housing assistance for the Housing 
Authority of the county of Los Angeles, California, the States of 
Alaska, Iowa, and Mississippi shall not be required to include a 
resident of public housing or a recipient of assistance provided under 
section 8 of the United States Housing Act of 1937 on the board of 
directors or a similar governing board of such agency or entity as 
required under section (2)(b) of such Act. <<NOTE: Establishment.>>  
Each public housing agency or other entity that administers Federal 
housing assistance under section 8 for the Housing Authority of the 
county of Los Angeles, California and the States of Alaska, Iowa and 
Mississippi that chooses not to include a resident of Public Housing or 
a recipient

[[Page 123 STAT. 973]]

of section 8 assistance on the board of directors or a similar governing 
board shall establish an advisory board of not less than six residents 
of public housing or recipients of section 8 assistance to provide 
advice and comment to the public housing agency or other administering 
entity on issues related to public housing and section 8. Such advisory 
board shall meet not less than quarterly.

    Sec. 213. (a) <<NOTE: Transfer authority.>>  Notwithstanding any 
other provision of law, subject to the conditions listed in subsection 
(b), for fiscal years 2008 and 2009, the Secretary of Housing and Urban 
Development may authorize the transfer of some or all project-based 
assistance, debt and statutorily required low-income and very low-income 
use restrictions, associated with one or more multifamily housing 
project to another multifamily housing project or projects.

    (b) The transfer authorized in subsection (a) is subject to the 
following conditions:
            (1) The number of low-income and very low-income units and 
        the net dollar amount of Federal assistance provided by the 
        transferring project shall remain the same in the receiving 
        project or projects.
            (2) The transferring project shall, as determined by the 
        Secretary, be either physically obsolete or economically non-
        viable.
            (3) The <<NOTE: Standards.>>  receiving project or projects 
        shall meet or exceed applicable physical standards established 
        by the Secretary.
            (4) The <<NOTE: Notification. Certification.>>  owner or 
        mortgagor of the transferring project shall notify and consult 
        with the tenants residing in the transferring project and 
        provide a certification of approval by all appropriate local 
        governmental officials.
            (5) The tenants of the transferring project who remain 
        eligible for assistance to be provided by the receiving project 
        or projects shall not be required to vacate their units in the 
        transferring project or projects until new units in the 
        receiving project are available for occupancy.
            (6) The Secretary determines that this transfer is in the 
        best interest of the tenants.
            (7) If either the transferring project or the receiving 
        project or projects meets the condition specified in subsection 
        (c)(2)(A), any lien on the receiving project resulting from 
        additional financing obtained by the owner shall be subordinate 
        to any FHA-insured mortgage lien transferred to, or placed on, 
        such project by the Secretary.
            (8) If the transferring project meets the requirements of 
        subsection (c)(2)(E), the owner or mortgagor of the receiving 
        project or projects shall execute and record either a 
        continuation of the existing use agreement or a new use 
        agreement for the project where, in either case, any use 
        restrictions in such agreement are of no lesser duration than 
        the existing use restrictions.
            (9) Any financial risk to the FHA General and Special Risk 
        Insurance Fund, as determined by the Secretary, would be reduced 
        as a result of a transfer completed under this section.
            (10) The Secretary determines that Federal liability with 
        regard to this project will not be increased.

    (c) For <<NOTE: Definitions.>>  purposes of this section--
            (1) the terms ``low-income'' and ``very low-income'' shall 
        have the meanings provided by the statute and/or regulations

[[Page 123 STAT. 974]]

        governing the program under which the project is insured or 
        assisted;
            (2) the term ``multifamily housing project'' means housing 
        that meets one of the following conditions--
                    (A) housing that is subject to a mortgage insured 
                under the National Housing Act;
                    (B) housing that has project-based assistance 
                attached to the structure including projects undergoing 
                mark to market debt restructuring under the Multifamily 
                Assisted Housing Reform and Affordability Housing Act;
                    (C) housing that is assisted under section 202 of 
                the Housing Act of 1959 as amended by section 801 of the 
                Cranston-Gonzales National Affordable Housing Act;
                    (D) housing that is assisted under section 202 of 
                the Housing Act of 1959, as such section existed before 
                the enactment of the Cranston-Gonzales National 
                Affordable Housing Act; or
                    (E) housing or vacant land that is subject to a use 
                agreement;
            (3) the term ``project-based assistance'' means--
                    (A) assistance provided under section 8(b) of the 
                United States Housing Act of 1937;
                    (B) assistance for housing constructed or 
                substantially rehabilitated pursuant to assistance 
                provided under section 8(b)(2) of such Act (as such 
                section existed immediately before October 1, 1983);
                    (C) rent supplement payments under section 101 of 
                the Housing and Urban Development Act of 1965;
                    (D) interest reduction payments under section 236 
                and/or additional assistance payments under section 
                236(f)(2) of the National Housing Act; and
                    (E) assistance payments made under section 202(c)(2) 
                of the Housing Act of 1959;
            (4) the term ``receiving project or projects'' means the 
        multifamily housing project or projects to which some or all of 
        the project-based assistance, debt, and statutorily required use 
        low-income and very low-income restrictions are to be 
        transferred;
            (5) the term ``transferring project'' means the multifamily 
        housing project which is transferring some or all of the 
        project-based assistance, debt and the statutorily required low-
        income and very low-income use restrictions to the receiving 
        project or projects; and
            (6) the term ``Secretary'' means the Secretary of Housing 
        and Urban Development.

    Sec. 214. The funds made available for Native Alaskans under the 
heading ``Native American Housing Block Grants'' in title III of this 
Act shall be allocated to the same Native Alaskan housing block grant 
recipients that received funds in fiscal year 2005.
    Sec. 215. No funds provided under this title may be used for an 
audit of the Government National Mortgage Association that makes 
applicable requirements under the Federal Credit Reform Act of 1990 (2 
U.S.C. 661 et seq.).
    Sec. 216. (a) No assistance shall be provided under section 8 of the 
United States Housing Act of 1937 (42 U.S.C. 1437f) to any individual 
who--

[[Page 123 STAT. 975]]

            (1) is enrolled as a student at an institution of higher 
        education (as defined under section 102 of the Higher Education 
        Act of 1965 (20 U.S.C. 1002));
            (2) is under 24 years of age;
            (3) is not a veteran;
            (4) is unmarried;
            (5) does not have a dependent child;
            (6) is not a person with disabilities, as such term is 
        defined in section 3(b)(3)(E) of the United States Housing Act 
        of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving 
        assistance under such section 8 as of November 30, 2005; and
            (7) is not otherwise individually eligible, or has parents 
        who, individually or jointly, are not eligible, to receive 
        assistance under section 8 of the United States Housing Act of 
        1937 (42 U.S.C. 1437f).

    (b) For purposes of determining the eligibility of a person to 
receive assistance under section 8 of the United States Housing Act of 
1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts 
received for tuition) that an individual receives under the Higher 
Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or 
an institution of higher education (as defined under the Higher 
Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to 
that individual, except for a person over the age of 23 with dependent 
children.
    Sec. 217. Notwithstanding the limitation in the first sentence of 
section 255(g) of the National Housing Act (12 U.S.C. 1715z-20(g)), the 
Secretary of Housing and Urban Development may, until September 30, 
2009, insure and enter into commitments to insure mortgages under 
section 255 of the National Housing Act (12 U.S.C. 1715z-20).
    Sec. 218. Notwithstanding any other provision of law, in fiscal year 
2009, in managing and disposing of any multifamily property that is 
owned or has a mortgage held by the Secretary of Housing and Urban 
Development, the Secretary shall maintain any rental assistance payments 
under section 8 of the United States Housing Act of 1937 and other 
programs that are attached to any dwelling units in the 
property. <<NOTE: Determination. Contracts.>>  To the extent the 
Secretary determines, in consultation with the tenants and the local 
government, that such a multifamily property owned or held by the 
Secretary is not feasible for continued rental assistance payments under 
such section 8 or other programs, based on consideration of (1) the 
costs of rehabilitating and operating the property and all available 
Federal, State, and local resources, including rent adjustments under 
section 524 of the Multifamily Assisted Housing Reform and Affordability 
Act of 1997 (``MAHRAA'') and (2) environmental conditions that cannot be 
remedied in a cost-effective fashion, the Secretary may, in consultation 
with the tenants of that property, contract for project-based rental 
assistance payments with an owner or owners of other existing housing 
properties, or provide other rental assistance. The Secretary shall also 
take appropriate steps to ensure that project-based contracts remain in 
effect prior to foreclosure, subject to the exercise of contractual 
abatement remedies to assist relocation of tenants for imminent major 
threats to health and safety. After disposition of any multifamily 
property described under this section, the contract and allowable rent 
levels on such properties shall be subject to the requirements under 
section 524 of MAHRAA.

[[Page 123 STAT. 976]]

    Sec. 219.  During fiscal year 2009, in the provision of rental 
assistance under section 8(o) of the United States Housing Act of 1937 
(42 U.S.C. 1437f(o)) in connection with a program to demonstrate the 
economy and effectiveness of providing such assistance for use in 
assisted living facilities that is carried out in the counties of the 
State of Michigan notwithstanding paragraphs (3) and (18)(B)(iii) of 
such section 8(o), a family residing in an assisted living facility in 
any such county, on behalf of which a public housing agency provides 
assistance pursuant to section 8(o)(18) of such Act, may be required, at 
the time the family initially receives such assistance, to pay rent in 
an amount exceeding 40 percent of the monthly adjusted income of the 
family by such a percentage or amount as the Secretary of Housing and 
Urban Development determines to be appropriate.
    Sec. 220. <<NOTE: Reports. Deadline. Contracts.>>  The Secretary of 
Housing and Urban Development shall report quarterly to the House of 
Representatives and Senate Committees on Appropriations on HUD's use of 
all sole source contracts, including terms of the contracts, cost, and a 
substantive rationale for using a sole source contract.

    Sec. 221.  Notwithstanding any other provision of law, the recipient 
of a grant under section 202b of the Housing Act of 1959 (12 U.S.C. 
1701q-2) after December 26, 2000, in accordance with the unnumbered 
paragraph at the end of section 202(b) of such Act, may, at its option, 
establish a single-asset nonprofit entity to own the project and may 
lend the grant funds to such entity, which may be a private nonprofit 
organization described in section 831 of the American Homeownership and 
Economic Opportunity Act of 2000.
    Sec. 222. (a) The amounts provided under the subheading ``Program 
Account'' under the heading ``Community Development Loan Guarantees'' 
may be used to guarantee, or make commitments to guarantee, notes, or 
other obligations issued by any State on behalf of non-entitlement 
communities in the State in accordance with the requirements of section 
108 of the Housing and Community Development Act of 1974: Provided, 
That, any State receiving such a guarantee or commitment shall 
distribute all funds subject to such guarantee to the units of general 
local government in non-entitlement areas that received the commitment.
    (b) Not <<NOTE: Deadline. Regulations.>>  later than 60 days after 
the date of enactment of this Act, the Secretary of Housing and Urban 
Development shall promulgate regulations governing the administration of 
the funds described under subsection (a).

    Sec. 223. Section 24 of the United States Housing Act of 1937 (42 
U.S.C. 1437v) is amended--
            (1) in subsection (m)(1), by striking ``2003'' and inserting 
        ``2009''; and
            (2) in subsection (o), by striking ``September 30, 2007'' 
        and inserting ``September 30, 2009''.

    Sec. 224. (a) Required Submissions for Fiscal Years 2008 and 2009.--
            (1) In general.--Not <<NOTE: Deadline.>>  later than 60 days 
        after the date of enactment of this Act, the Secretary of 
        Housing and Urban Development shall submit to the relevant 
        authorizing committees and to the Committees on Appropriations 
        of the Senate and the House of Representatives for fiscal years 
        2008 and 2009--

[[Page 123 STAT. 977]]

                    (A) a complete and accurate accounting of the actual 
                project-based renewal costs for project-based assistance 
                under section 8 of the United States Housing Act of 1937 
                (42 U.S.C. 1437f);
                    (B) revised estimates of the funding needed to fully 
                fund all 12 months of all project-based contracts under 
                such section 8, including project-based contracts that 
                expire in fiscal year 2008 and fiscal year 2009; and
                    (C) all sources of funding that will be used to 
                fully fund all 12 months of the project-based contracts 
                for fiscal years 2008 and 2009.
            (2) Updated information.--At any time after the expiration 
        of the 60-day period described in paragraph (1), the Secretary 
        may submit corrections or updates to the information required 
        under paragraph (1), if upon completion of an audit of the 
        project-based assistance program under section 8 of the United 
        States Housing Act of 1937 (42 U.S.C. 1437f), such audit reveals 
        additional information that may provide Congress a more complete 
        understanding of the Secretary's implementation of the project-
        based assistance program under such section 8.

    (b) Required Submissions for Fiscal Year 2010.--As part of the 
Department of Housing and Urban Development's budget request for fiscal 
year 2010, the Secretary of Housing and Urban Development shall submit 
to the relevant authorizing committees and to the Committees on 
Appropriations of the Senate and the House of Representatives complete 
and detailed information, including a project-by-project analysis, that 
verifies that such budget request will fully fund all project-based 
contracts under section 8 of the United States Housing Act of 1937 (42 
U.S.C. 1437f) in fiscal year 2010, including expiring project-based 
contracts.
    Sec. 225. <<NOTE: Exemption.>>  Public housing agencies that own and 
operate 400 or fewer public housing units may elect to be exempt from 
any asset management requirement imposed by the Secretary of Housing and 
Urban Development in connection with the operating fund rule: Provided, 
That an agency seeking a discontinuance of a reduction of subsidy under 
the operating fund formula shall not be exempt from asset management 
requirements.

    Sec. 226.  With <<NOTE: 42 USC 1437g note.>>  respect to the use of 
amounts provided in this Act and in future Acts for the operation, 
capital improvement and management of public housing as authorized by 
sections 9(d) and 9(e) of the United States Housing Act of 1937 (42 
U.S.C. 1437g(d) and (e)), the Secretary shall not impose any requirement 
or guideline relating to asset management that restricts or limits in 
any way the use of capital funds for central office costs pursuant to 
section 9(g)(1) or 9(g)(2) of the United States Housing Act of 1937 (42 
U.S.C. 1437g(g)(1), (2)): Provided, however, that a public housing 
agency may not use capital funds authorized under section 9(d) for 
activities that are eligible under section 9(e) for assistance with 
amounts from the operating fund in excess of the amounts permitted under 
section 9(g)(1) or 9(g)(2).

    Sec. 227.  The <<NOTE: Reports. Deadline.>>  Secretary of Housing 
and Urban Development shall report quarterly to the House of 
Representatives and Senate Committees on Appropriations on the status of 
all section 8 project-based housing, including the number of all 
project-based units by region as well as an analysis of all federally 
subsidized housing being refinanced under the Mark-to-Market program. 
The Secretary

[[Page 123 STAT. 978]]

shall in the report identify all existing units maintained by region as 
section 8 project-based units and all project-based units that have 
opted out of section 8 or have otherwise been eliminated as section 8 
project-based units. The Secretary shall identify in detail and by 
project all the efforts made by the Department to preserve all section 8 
project-based housing units and all the reasons for any units which 
opted out or otherwise were lost as section 8 project-based units. Such 
analysis shall include a review of the impact of the loss of any 
subsidized units in that housing marketplace, such as the impact of cost 
and the loss of available subsidized, low-income housing in areas with 
scarce housing resources for low-income families.

    Sec. 228. Section 683(2) of the Housing and Community Development 
Act of 1992 (42 U.S.C. 13641(2)) is amended--
            (1) in subparagraph (F), by striking ``and'';
            (2) in subparagraph (G) by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding a new subparagraph (H) as follows:
                    ``(H) housing that is assisted under section 811 of 
                the Cranston-Gonzalez Affording Housing Act (42 U.S.C. 
                8013).''.

    Sec. 229. The Home Investment Partnerships Act (42 U.S.C. 12721 et 
seq.) is amended--
            (1) in section 233(d)(1) <<NOTE: 42 USC 12773.>>  by 
        striking ``20'' and inserting ``40'';
            (2) in section 233(e) by striking ``40'' and inserting 
        ``25'';
            (3) in section 243(b), <<NOTE: 42 USC 12783.>>  in the 
        second sentence, by striking ``20'' and inserting ``40''; and
            (4) in section 271(i) <<NOTE: 42 USC 12821.>>  by striking 
        ``Act after December 31, 2007'' and inserting ``section after 
        December 31, 2011''.

    Sec. 230. <<NOTE: Allotment holder.>>  No official or employee of 
the Department of Housing and Urban Development shall be designated as 
an allotment holder unless the Office of the Chief Financial Officer has 
determined that such allotment holder has implemented an adequate system 
of funds control and has received training in funds control procedures 
and directives. <<NOTE: Deadline. Designation.>>  The Chief Financial 
Officer shall ensure that, not later than 90 days after the date of 
enactment of this Act, a trained allotment holder shall be designated 
for each HUD subaccount under the headings ``Executive Direction'' and 
``Administration, Operations, and Management'' as well as each account 
receiving appropriations for ``personnel compensation and benefits'' 
within the Department of Housing and Urban Development.

    Sec. 231. Payment of attorney fees in program-related litigation 
must be paid from individual program office personnel benefits and 
compensation funding. The annual budget submission for program office 
personnel benefit and compensation funding must include program-related 
litigation costs for attorney fees as a separate line item request.
    Sec. 232. Of the unobligated balances remaining from funds 
appropriated under the heading ``Tenant-Based Rental Assistance'' under 
the Department of Housing and Urban Development Appropriations Act, 
2008, $750,000,000 are rescinded from the $4,158,000,000 which are 
available on October 1, 2008. Such amount shall be derived from 
reductions to public housing agencies' calendar year 2009 allocations 
based on amounts in public housing agencies' net restricted assets 
accounts (in accordance with VMS data in calendar year 2008 that is 
verifiable and complete), as determined by the Secretary.

[[Page 123 STAT. 979]]

    Sec. 233.  The <<NOTE: Notification. Federal Register, 
publication. 42 USC 3545a.>>  Secretary of the Department of Housing and 
Urban Development shall for Fiscal Year 2009 and thereafter, notify the 
public through the Federal Register and other means, as determined 
appropriate, of the issuance of a notice of the availability of 
assistance or notice of funding availability (NOFA) for any program or 
discretionary fund administered by the Secretary that is to be 
competitively awarded. <<NOTE: Web posting.>>  Notwithstanding any other 
provision of law, for Fiscal Year 2009 and thereafter, the Secretary may 
make the NOFA available only on the Internet at the appropriate 
government website or websites or through other electronic media, as 
determined by the Secretary.

    Sec. 234. Prepayment and Refinancing. (a) Approval of Prepayment of 
Debt.--Upon request of the project sponsor of a project assisted with a 
loan under section 202 of the Housing Act of 1959 (as in effect before 
the enactment of the Cranston-Gonzalez National Affordable Housing Act), 
for which the Secretary's consent to prepayment is required, the 
Secretary shall approve the prepayment of any indebtedness to the 
Secretary relating to any remaining principal and interest under the 
loan as part of a prepayment plan under which--
            (1) the project sponsor agrees to operate the project until 
        the maturity date of the original loan under terms at least as 
        advantageous to existing and future tenants as the terms 
        required by the original loan agreement or any project-based 
        rental assistance payments contract under section 8 of the 
        United States Housing Act of 1937 (or any other project-based 
        rental housing assistance programs of the Department of Housing 
        and Urban Development, including the rent supplement program 
        under section 101 of the Housing and Urban Development Act of 
        1965 (12 U.S.C. 1701s)) or any successor project-based rental 
        assistance program, except as provided by subsection (a)(2)(B); 
        and
            (2) the prepayment may involve refinancing of the loan if 
        such refinancing results --
                    (A) in a lower interest rate on the principal of the 
                loan for the project and in reductions in debt service 
                related to such loan; or
                    (B) in the case of a project that is assisted with a 
                loan under such section 202 carrying an interest rate of 
                6 percent or lower, a transaction under which
                          (i) the project owner shall address the 
                      physical needs of the project;
                          (ii) the <<NOTE: Cost analysis.>>  prepayment 
                      plan for the transaction, including the 
                      refinancing, shall meet a cost benefit analysis, 
                      as established by the Secretary, that the benefit 
                      of the transaction outweighs the cost of the 
                      transaction including any increases in rent 
                      charged to unassisted tenants;
                          (iii) the overall cost for providing rental 
                      assistance under section 8 for the project (if 
                      any) is not increased, except, upon approval by 
                      the Secretary to--
                                    (I) mark-up-to-market contracts 
                                pursuant to section 524(a)(3) of the 
                                Multifamily Assisted Housing Reform and 
                                Affordability Act (42 U.S.C. 1437f 
                                note), as such section is carried out by 
                                the Secretary for properties owned by 
                                nonprofit organizations; or

[[Page 123 STAT. 980]]

                                    (II) mark-up-to-budget contracts 
                                pursuant to section 524(a)(4) of the 
                                Multifamily Assisted Housing Reform and 
                                Affordability Act (42 U.S.C. 1437f 
                                note), as such section is carried out by 
                                the Secretary for properties owned by 
                                eligible owners ( as such term is 
                                defined in section 202(k) of the Housing 
                                Act of 1959 (12 U.S.C. 1701q(k));
                          (iv) the project owner may charge tenants rent 
                      sufficient to meet debt service payments and 
                      operating cost requirements, as approved by the 
                      Secretary, if project-based rental assistance is 
                      not available or is insufficient for the debt 
                      service and operating cost of the project after 
                      refinancing. Such approval by the Secretary--
                                    (I) shall be the basis for the owner 
                                to agree to terminate the project-based 
                                rental assistance contract that is 
                                insufficient for the debt service and 
                                operating cost of the project after 
                                refinancing; and
                                    (II) shall be an eligibility event 
                                for the project for purposes of section 
                                8(t) of the United States Housing Act of 
                                1937 (42 U.S.C. 1437f(t));
                          (v) units to be occupied by tenants assisted 
                      under section 8(t) of the United States Housing 
                      Act of 1937 (42 U.S.C. 1437f(t)) shall, upon 
                      termination of the occupancy of such tenants, 
                      become eligible for project-based assistance under 
                      section 8(o)(13) of the United States Housing Act 
                      of 1937 (42 U.S.C. 1437f(o)(13)) without regard to 
                      the percentage limitations provided in such 
                      section; and
                          (vi) there <<NOTE: Contracts.>>  shall be a 
                      use agreement of 20 years from the date of the 
                      maturity date of the original 202 loan for all 
                      units, including units to be occupied by tenants 
                      assisted under section 8(t) of the United States 
                      Housing Act of 1937 (42 U.S.C. 1437f(t)).

    Sec. 235. Use of Surplus Federal Property for the Homeless. No 
property identified by the Secretary of Housing and Urban Development as 
surplus Federal property for use to assist the homeless shall be made 
available to any homeless group unless the group is a member in good 
standing under any of HUD's homeless assistance programs or is in good 
standing with any other program which receives funds from any other 
Federal or State agency or entity: Provided, That an exception may be 
made for an entity not involved with Federal homeless programs to use 
surplus Federal property for the homeless only after the Secretary or 
another responsible Federal agency has fully and comprehensively 
reviewed all relevant finances of the entity, the track record of the 
entity in assisting the homeless, the ability of the entity to manage 
the property, including all costs, the ability of the entity to 
administer homeless programs in a manner that is effective to meet the 
needs of the homeless population that is expected to use the property 
and any other related issues that demonstrate a commitment to assist the 
homeless: Provided further, That the Secretary shall not require the 
entity to have cash in hand in order to demonstrate financial ability 
but may rely on the entity's prior demonstrated fundraising ability or 
commitments for in-kind

[[Page 123 STAT. 981]]

donations of goods and services: Provided further, That the Secretary 
shall make all such information and its decision regarding the award of 
the surplus property available to the committees of jurisdiction, 
including a full justification of the appropriateness of the use of the 
property to assist the homeless as well as the appropriateness of the 
group seeking to obtain the property to use such property to assist the 
homeless: <<NOTE: Applicability.>>  Provided further, That, this section 
shall apply to properties in fiscal year 2008 and 2009 made available as 
surplus Federal property for use to assist the homeless.

    Sec. 236. The Secretary of Housing and Urban Development shall 
increase, pursuant to this section, the number of Moving-to-Work 
agencies authorized under section 204, title II, of the Departments of 
Veterans Affairs and Housing and Urban Development and Independent 
Agencies Appropriations Act, 1996 (Public Law 104-134; 110 Stat. 1321-
281) by adding to the program three Public Housing Agencies that meet 
the following requirements: is a High Performing Agency under the Public 
Housing Assessment System (PHAS) and is a HOPE VI agency. No PHA shall 
be granted this designation through this section that administers in 
excess of 5,000 aggregate housing vouchers and public housing units. No 
PHA granted this designation through this section shall receive more 
funding than they otherwise would have received absent this designation.
    Sec. 237. Of the unobligated balances remaining from funds 
appropriated to the Department of Housing and Urban Development under 
the fourth paragraph under the heading ``General and Special Risk 
Program Account'' in the Department of Housing and Urban Development 
Appropriations Act, 2008, $5,000,000 are rescinded: Provided, That with 
respect to such discount sales referenced under such paragraph, 
notwithstanding any other provision of law, in determining the market 
value of any multifamily real property or multifamily loan for any 
noncompetitive sale to a State or local government, the Secretary shall 
in fiscal year 2009 consider, but not be limited to, industry standard 
appraisal practices, including the cost of repairs needed to bring the 
property into such condition as to satisfy minimum State and local code 
standards and the cost of maintaining the affordability restrictions 
imposed by the Secretary on the multifamily real property or multifamily 
loan.
    Sec. 238. <<NOTE: Transfer authority. Submission.>>  The Secretary 
of the Department of Housing and Urban Development is authorized to 
transfer up to 5 percent of funds appropriated for any account under 
this title under the heading ``Personnel Compensation and Benefits'' to 
any other account under this title under the heading ``Personnel 
Compensation and Benefits'' only after such transfer has been submitted 
to, and received prior written approval by, the House and Senate 
Committees on Appropriations: Provided, That, no appropriation for any 
such account shall be increased or decreased by more than 10 percent by 
all such transfers.

    Sec. 239. The Disaster Housing Assistance Programs, administered by 
the Department of Housing and Urban Development, shall be considered a 
``program of the Department of Housing and Urban Development'' under 
section 904 of the McKinney Act for the purpose of income verifications 
and matching.
     This title may be cited as the ``Department of Housing and Urban 
Development Appropriations Act, 2009''.

[[Page 123 STAT. 982]]

                                TITLE III

                            RELATED AGENCIES

       Architectural and Transportation Barriers Compliance Board


                          Salaries and Expenses


    For expenses necessary for the Architectural and Transportation 
Barriers Compliance Board, as authorized by section 502 of the 
Rehabilitation Act of 1973, as amended, $6,550,000: Provided, That, 
notwithstanding any other provision of law, there may be credited to 
this appropriation funds received for publications and training 
expenses.

                       Federal Maritime Commission


                          Salaries and Expenses


    For necessary expenses of the Federal Maritime Commission as 
authorized by section 201(d) of the Merchant Marine Act, 1936, as 
amended (46 U.S.C. App. 1111), including services as authorized by 5 
U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 U.S.C. 
1343(b); and uniforms or allowances therefor, as authorized by 5 U.S.C. 
5901-5902, $22,800,000: Provided, That not to exceed $2,000 shall be 
available for official reception and representation expenses.

                  National Transportation Safety Board


                          Salaries and Expenses


    For necessary expenses of the National Transportation Safety Board, 
including hire of passenger motor vehicles and aircraft; services as 
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed 
the per diem rate equivalent to the rate for a GS-15; uniforms, or 
allowances therefor, as authorized by law (5 U.S.C. 5901-5902) 
$91,000,000, of which not to exceed $2,000 may be used for official 
reception and representation expenses. The amounts made available to the 
National Transportation Safety Board in this Act include amounts 
necessary to make lease payments due in fiscal year 2009 only, on an 
obligation incurred in fiscal year 2001 for a capital lease. Of the 
funds provided, up to $100,000 shall be provided through reimbursement 
to the Department of Transportation's Office of Inspector General to 
audit the National Transportation Safety Board's financial statements.


                              (rescission)


    Of the available unobligated balances made available under this 
heading in Public Law 106-246, $671,275 are rescinded.

                  Neighborhood Reinvestment Corporation


          Payment to the Neighborhood Reinvestment Corporation


    For payment to the Neighborhood Reinvestment Corporation for use in 
neighborhood reinvestment activities, as authorized by

[[Page 123 STAT. 983]]

the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101-8107), 
$131,000,000, of which $5,000,000 shall be for a multi-family rental 
housing program: Provided, That of the amounts made available under this 
heading, $6,000,000 shall be made available to conduct a consumer 
mortgage public education campaign: Provided further, That funding 
amounts provided under the previous proviso shall be available for 
campaign development, production, and outreach activities.
    For an <<NOTE: Foreclosures.>>  additional amount, $50,000,000 shall 
be made available until expended to the Neighborhood Reinvestment 
Corporation for mortgage foreclosure mitigation activities, under the 
following terms and conditions:
            (1) The <<NOTE: Grants. Waiver authority.>>  Neighborhood 
        Reinvestment Corporation (``NRC''), shall make grants to 
        counseling intermediaries approved by the Department of Housing 
        and Urban Development (HUD) (with match to be determined by the 
        NRC based on affordability and the economic conditions of an 
        area; a match also may be waived by the NRC based on the 
        aforementioned conditions) to provide mortgage foreclosure 
        mitigation assistance primarily to States and areas with high 
        rates of defaults and foreclosures primarily in the subprime 
        housing market to help eliminate the default and foreclosure of 
        mortgages of owner-occupied single-family homes that are at risk 
        of such foreclosure. Other than areas with high rates of 
        defaults and foreclosures, grants may also be provided to 
        approved counseling intermediaries based on a geographic 
        analysis of the Nation by the NRC which determines where there 
        is a prevalence of subprime mortgages that are risky and likely 
        to fail, including any trends for mortgages that are likely to 
        default and face foreclosure. A State Housing Finance Agency may 
        also be eligible where the State Housing Finance Agency meets 
        all the requirements under this 
        paragraph. <<NOTE: Requirements.>>  A HUD-approved counseling 
        intermediary shall meet certain mortgage foreclosure mitigation 
        assistance counseling requirements, as determined by the NRC, 
        and shall be approved by HUD or the NRC as meeting these 
        requirements.
            (2) Mortgage foreclosure mitigation assistance shall only be 
        made available to homeowners of owner-occupied homes with 
        mortgages in default or in danger of default. These mortgages 
        shall likely be subject to a foreclosure action and homeowners 
        will be provided such assistance that shall consist of 
        activities that are likely to prevent foreclosures and result in 
        the long-term affordability of the mortgage retained pursuant to 
        such activity or another positive outcome for the homeowner. No 
        funds made available under this paragraph may be provided 
        directly to lenders or homeowners to discharge outstanding 
        mortgage balances or for any other direct debt reduction 
        payments.
            (3) The use of Mortgage Foreclosure Mitigation Assistance by 
        approved counseling intermediaries and State Housing Finance 
        Agencies shall involve a reasonable analysis of the borrower's 
        financial situation, an evaluation of the current value of the 
        property that is subject to the mortgage, counseling regarding 
        the assumption of the mortgage by another non-Federal party, 
        counseling regarding the possible purchase of the mortgage by a 
        non-Federal third party, counseling and

[[Page 123 STAT. 984]]

        advice of all likely restructuring and refinancing strategies or 
        the approval of a work-out strategy by all interested parties.
            (4) NRC <<NOTE: Certification.>>  may provide up to 15 
        percent of the total funds under this paragraph to its own 
        charter members with expertise in foreclosure prevention 
        counseling, subject to a certification by the NRC that the 
        procedures for selection do not consist of any procedures or 
        activities that could be construed as an unacceptable conflict 
        of interest or have the appearance of impropriety.
            (5) HUD-approved counseling entities and State Housing 
        Finance Agencies receiving funds under this paragraph shall have 
        demonstrated experience in successfully working with financial 
        institutions as well as borrowers facing default, delinquency 
        and foreclosure as well as documented counseling capacity, 
        outreach capacity, past successful performance and positive 
        outcomes with documented counseling plans (including post 
        mortgage foreclosure mitigation counseling), loan workout 
        agreements and loan modification agreements. NRC may use other 
        criteria to demonstrate capacity in underserved areas.
            (6) Of the total amount made available under this paragraph, 
        up to $5,000,000 may be made available to build the mortgage 
        foreclosure and default mitigation counseling capacity of 
        counseling intermediaries through NRC training courses with HUD-
        approved counseling intermediaries and their partners, except 
        that private financial institutions that participate in NRC 
        training shall pay market rates for such training.
            (7) Of the total amount made available under this paragraph, 
        up to 4 percent may be used for associated administrative 
        expenses for the NRC to carry out activities provided under this 
        section.
            (8) Mortgage foreclosure mitigation assistance grants may 
        include a budget for outreach and advertising, and training, as 
        determined by the NRC.
            (9) The <<NOTE: Reports. Deadlines.>>  NRC shall report bi-
        annually to the House and Senate Committees on Appropriations as 
        well as the Senate Banking Committee and House Financial 
        Services Committee on its efforts to mitigate mortgage default. 
        Such reports shall identify successful strategies and methods 
        for preserving homeownership and the long-term affordability of 
        at-risk mortgages and shall include recommended efforts that 
        will or likely can assist in the success of this program as well 
        as an analysis of any policy and procedures that failed to 
        result in successful mortgage foreclosure mitigation. The report 
        shall include an analysis of the details and use of any post 
        mitigation counseling of assisted borrowers designed to ensure 
        the continued long-term affordability of the mortgages which 
        were the subject of the mortgage foreclosure mitigation 
        assistance.

            United States Interagency Council on Homelessness


                           Operating Expenses


    For necessary expenses (including payment of salaries, authorized 
travel, hire of passenger motor vehicles, the rental of conference 
rooms, and the employment of experts and consultants under section 3109 
of title 5, United States Code) of the United States Interagency Council 
on Homelessness in carrying out the functions pursuant to title II of 
the McKinney-Vento Homeless Assistance Act, as

[[Page 123 STAT. 985]]

amended, $2,333,000: <<NOTE: Salaries and benefits.>>  Provided, That no 
funds may be used to pay the salaries and benefits of any employee of 
the United States Interagency Council on Homelessness that spends more 
than 10 days outside of the United States while not on annual leave.

    Title II of the McKinney-Vento Homeless Assistance Act, as amended, 
is amended in section 209 <<NOTE: 42 USC 11319.>>  by striking ``2008'' 
and inserting ``2010''.

                                TITLE IV

                      GENERAL PROVISIONS--THIS ACT

    Sec. 401. Such sums as may be necessary for fiscal year 2009 pay 
raises for programs funded in this Act shall be absorbed within the 
levels appropriated in this Act or previous appropriations Acts.
    Sec. 402. None of the funds in this Act shall be used for the 
planning or execution of any program to pay the expenses of, or 
otherwise compensate, non-Federal parties intervening in regulatory or 
adjudicatory proceedings funded in this Act.
    Sec. 403. None of the funds appropriated in this Act shall remain 
available for obligation beyond the current fiscal year, nor may any be 
transferred to other appropriations, unless expressly so provided 
herein.
    Sec. 404. <<NOTE: Contracts.>>  The expenditure of any appropriation 
under this Act for any consulting service through procurement contract 
pursuant to section 3109 of title 5, United States Code, shall be 
limited to those contracts where such expenditures are a matter of 
public record and available for public inspection, except where 
otherwise provided under existing law, or under existing Executive order 
issued pursuant to existing law.

    Sec. 405. Except as otherwise provided in this Act, none of the 
funds provided in this Act, provided by previous appropriations Acts to 
the agencies or entities funded in this Act that remain available for 
obligation or expenditure in fiscal year 2009, or provided from any 
accounts in the Treasury derived by the collection of fees and available 
to the agencies funded by this Act, shall be available for obligation or 
expenditure through a reprogramming of funds that: (1) creates a new 
program; (2) eliminates a program, project, or activity; (3) increases 
funds or personnel for any program, project, or activity for which funds 
have been denied or restricted by the Congress; (4) proposes to use 
funds directed for a specific activity by either the House or Senate 
Committees on Appropriations for a different purpose; (5) augments 
existing programs, projects, or activities in excess of $5,000,000 or 10 
percent, whichever is less; (6) reduces existing programs, projects, or 
activities by $5,000,000 or 10 percent, whichever is less; or (7) 
creates, reorganizes, or restructures a branch, division, office, 
bureau, board, commission, agency, administration, or department 
different from the budget justifications submitted to the Committees on 
Appropriations or the table accompanying the explanatory statement 
accompanying this Act, whichever is more detailed, unless prior approval 
is received from the House and Senate Committees on Appropriations: 
Provided, That <<NOTE: Deadline. Reports.>>  not later than 60 days 
after the date of enactment of this Act, each agency funded by this Act 
shall submit a report to the Committees on Appropriations of the Senate 
and of the House of Representatives to establish the baseline for 
application of reprogramming and transfer authorities for the current

[[Page 123 STAT. 986]]

fiscal year: Provided further, That the report shall include: (1) a 
table for each appropriation with a separate column to display the 
President's budget request, adjustments made by Congress, adjustments 
due to enacted rescissions, if appropriate, and the fiscal year enacted 
level; (2) a delineation in the table for each appropriation both by 
object class and program, project, and activity as detailed in the 
budget appendix for the respective appropriation; and (3) an 
identification of items of special congressional interest: Provided 
further, That <<NOTE: Fines.>>  the amount appropriated or limited for 
salaries and expenses for an agency shall be reduced by $100,000 per day 
for each day after the required date that the report has not been 
submitted to the Congress.

    Sec. 406.  Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the end 
of fiscal year 2009 from appropriations made available for salaries and 
expenses for fiscal year 2009 in this Act, shall remain available 
through September 30, 2010, for each such account for the purposes 
authorized: <<NOTE: Expenditure request.>>  Provided, That a request 
shall be submitted to the House and Senate Committees on Appropriations 
for approval prior to the expenditure of such funds: Provided further, 
That these requests shall be made in compliance with reprogramming 
guidelines under section 405 of this Act.

    Sec. 407.  All <<NOTE: Reports. Deadline.>>  Federal agencies and 
departments that are funded under this Act shall issue a report to the 
House and Senate Committees on Appropriations on all sole source 
contracts by no later than July 31, 2009. Such report shall include the 
contractor, the amount of the contract and the rationale for using a 
sole source contract.

    Sec. 408. (a) None of the funds made available in this Act may be 
obligated or expended for any employee training that--
            (1) does not meet identified needs for knowledge, skills, 
        and abilities bearing directly upon the performance of official 
        duties;
            (2) contains elements likely to induce high levels of 
        emotional response or psychological stress in some participants;
            (3) does not require prior employee notification of the 
        content and methods to be used in the training and written end 
        of course evaluation;
            (4) contains any methods or content associated with 
        religious or quasi-religious belief systems or ``new age'' 
        belief systems as defined in Equal Employment Opportunity 
        Commission Notice N-915.022, dated September 2, 1988; or
            (5) is offensive to, or designed to change, participants' 
        personal values or lifestyle outside the workplace.

    (b) Nothing in this section shall prohibit, restrict, or otherwise 
preclude an agency from conducting training bearing directly upon the 
performance of official duties.
    Sec. 409. <<NOTE: Eminent domain.>>  No funds in this Act may be 
used to support any Federal, State, or local projects that seek to use 
the power of eminent domain, unless eminent domain is employed only for 
a public use: Provided, That for purposes of this section, public use 
shall not be construed to include economic development that primarily 
benefits private entities: Provided further, That any use of funds for 
mass transit, railroad, airport, seaport or highway projects as well as 
utility projects which benefit or serve the general public (including 
energy-related, communication-related, water-related and wastewater-
related infrastructure), other structures

[[Page 123 STAT. 987]]

designated for use by the general public or which have other common-
carrier or public-utility functions that serve the general public and 
are subject to regulation and oversight by the government, and projects 
for the removal of an immediate threat to public health and safety or 
brownsfield as defined in the Small Business Liability Relief and 
Brownsfield Revitalization Act (Public Law 107-118) shall be considered 
a public use for purposes of eminent domain.

    Sec. 410. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 411. No part of any appropriation contained in this Act shall 
be available to pay the salary for any person filling a position, other 
than a temporary position, formerly held by an employee who has left to 
enter the Armed Forces of the United States and has satisfactorily 
completed his period of active military or naval service, and has within 
90 days after his release from such service or from hospitalization 
continuing after discharge for a period of not more than 1 year, made 
application for restoration to his former position and has been 
certified by the Office of Personnel Management as still qualified to 
perform the duties of his former position and has not been restored 
thereto.
    Sec. 412. No funds appropriated pursuant to this Act may be expended 
by an entity unless the entity agrees that in expending the assistance 
the entity will comply with sections 2 through 4 of the Act of March 3, 
1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy American Act'').
    Sec. 413. No funds appropriated or otherwise made available under 
this Act shall be made available to any person or entity that has been 
convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
    This division may be cited as the ``Transportation, Housing and 
Urban Development, and Related Agencies Appropriations Act, 2009''.

 DIVISION J--FURTHER PROVISIONS RELATING TO THE DEPARTMENT OF HOMELAND 
                       SECURITY AND OTHER MATTERS

                     DEPARTMENT OF HOMELAND SECURITY

                      United States Secret Service


                          SALARIES AND EXPENSES


                      (including transfer of funds)


    For an additional amount for ``Salaries and Expenses'', 
$100,000,000, to remain available until expended, to address additional 
requirements related to the protection mission: Provided, That of this 
amount, not to exceed $12,730,000 may be transferred to ``Acquisition, 
Construction, Improvements, and Related Expenses'' to address the 
deferred maintenance backlog: Provided further, That the amount under 
this heading is designated as an emergency requirement and necessary to 
meet emergency needs pursuant to section 204(a) of S. Con. Res. 21 
(110th Congress) and section

[[Page 123 STAT. 988]]

301(b)(2) of S. Con. Res. 70 (110th Congress), the concurrent 
resolutions on the budget for fiscal years 2008 and 2009.

                    GENERAL PROVISIONS--THIS DIVISION

    Sec. 101. Sections 143, 144, and 145 of division A of the 
Consolidated Security, Disaster Assistance, and Continuing 
Appropriations Act, 2009 <<NOTE: 8 USC 1324a note, 1153 note; 42 USC 
4026 note.>>  (Public Law 110-329; 122 Stat. 3580 et seq.) are each 
amended by striking ``the date specified in section 106(3) of this joint 
resolution'' and inserting ``September 30, 2009''.

    Sec. 102. (a) Extension of Commission on the Prevention of Weapons 
of Mass Destruction Proliferation and Terrorism.--Effective 
as <<NOTE: Effective date.>>  of February 1, 2009, section 1858 of the 
Implementing Recommendations of the 9/11 Commission Act of 2007 (Public 
Law 110-53; 121 Stat. 504) is amended--
            (1) in subsection (a), by striking ``60 days after'' and all 
        that follows through the end of the subsection and inserting 
        ``on March 1, 2010.''; and
            (2) in <<NOTE: Time period.>>  subsection (b), by striking 
        ``the 60-day period referred to in subsection (a)'' and 
        inserting ``the period beginning on February 2, 2009, and ending 
        on February 28, 2010,''.

    (b) Funding.--Of the funds provided under the heading ``Operation 
and Maintenance, Defense-Wide'' in the Department of Defense 
Appropriations Act, 2009 (division C of Public Law 110-329; 122 Stat. 
3606), $1,100,000 shall be made available only for purposes of the 
Commission on the Prevention of Weapons of Mass Destruction 
Proliferation and Terrorism.
    Sec. 103. Notwithstanding any <<NOTE: Pay freeze. 2 USC 31 note.>>  
provision of section 601(a)(2) of the Legislative Reorganization Act of 
1946 (2 U.S.C. 31(2)), the percentage adjustment scheduled to take 
effect under any such provision in calendar year 2010 shall not take 
effect.

    Approved March 11, 2009.

LEGISLATIVE HISTORY--H.R. 1105:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 155 (2009):
            Feb. 25, considered and passed House.
            Mar. 2-6, 9, 10, considered and passed Senate.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2009):
            Mar. 11, Presidential statement.

                                  <all>