[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 2638 Engrossed Amendment House (EAH)]
In the House of Representatives, U. S.,
September 24, 2008.
Resolved, That the House agree to the amendment of the Senate to
the bill (H.R. 2638) entitled ``An Act making appropriations for the
Department of Homeland Security for the fiscal year ending September
30, 2008, and for other purposes.'', with the following
HOUSE AMENDMENT TO SENATE AMENDMENT:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:

b877477dceaee888fec7dd6f967b11a85ff974758d9aec0e5933121c72125bb1

This Act may be cited as the ``Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act, 2009''.

a2a73dac1369ab29827813f932824b15daab5abf28476f6042fc164f36d461cd

The table of contents for this Act is as follows:
ACT, 2008
ACT, 2009

a4f1eab261867aa9a08acfd6d0cb799d6629543ea3ece59fec699a0c553c6042

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

e13bb5c4a009067c343741dee80c52cac18c63e07c75a92fd72c2ceff2973aad

The explanatory statement regarding this legislation, printed in
the House of Representatives section of the Congressional Record on or
about September 24, 2008 by the Chairman of the Committee on
Appropriations of the House, shall have the same effect with respect to
the allocation of funds and implementation of this Act as if it were a
joint explanatory statement of a committee of conference.
The following sums are hereby appropriated, out of any money in the
Treasury not otherwise appropriated, and out of applicable corporate or
other revenues, receipts, and funds, for the several departments,
agencies, corporations, and other organizational units of Government
for fiscal year 2009, and for other purposes, namely:

b9692fd2bf229f63b0fc0a76b7747aa73904ea178fe8e352ea5cb1ebc3481519

operations as provided in the applicable appropriations Acts for fiscal
year 2008 and under the authority and conditions provided in such Acts,
for continuing projects or activities (including the costs of direct
loans and loan guarantees) that are not otherwise specifically provided
for in this joint resolution, that were conducted in fiscal year 2008,
and for which appropriations, funds, or other authority were made
available in the following appropriations Acts: divisions A, B, C, D,
F, G, H, J, and K of the Consolidated Appropriations Act, 2008 (Public
Law 110-161).

d5b34d86936f30514d8699046c3dcfa6401eeb7be77d9490f99e776c0884e9c9

101 without regard to any amount designated in the applicable
appropriations Acts for fiscal year 2008 as an emergency requirement or
necessary to meet emergency needs pursuant to any concurrent resolution
on the budget, other than the following amounts:
(1) $150,000,000 provided in Public Law 110-252 for
``Department of Health and Human Services--Food and Drug
Administration--Salaries and Expenses''.
(2) $143,539,000 provided in division B of Public Law 110-
161 for ``Department of Justice--Federal Bureau of
Investigation--Salaries and Expenses''.
(3) $110,000,000 provided in Public Law 110-252 for
``Department of Labor--Employment and Training Administration--
State Unemployment Insurance and Employment Service
Operations'', without regard to the dates specified under such
heading.
(4) $272,000,000 of the $575,000,000 provided in division J
of Public Law 110-161 for ``Department of State--Administration
of Foreign Affairs--Diplomatic and Consular Programs'' in the
first paragraph under such heading, and $206,632,000 provided
in the last paragraph under such heading.
(5) $76,700,000 provided in subchapter A of chapter 4 of
title I of Public Law 110-252 for ``Department of State--
Administration of Foreign Affairs--Embassy Security,
Construction, and Maintenance''.

1736a3d49e75f13913297e70126b102f637ff111c25d9d54e89d7b34dd81c9c1

the extent and in the manner that would be provided by the pertinent
appropriations Act.

d062d79e896fb5cb4a8e0fafc4ff6de4c49b3fea65fc56df4d41cdac57933bc0

granted pursuant to section 101 shall be used to initiate or resume any
project or activity for which appropriations, funds, or other authority
were not available during fiscal year 2008.

913e3155fb48907cd3fd09c086f77cfb7b04689747ab8c1188d9b028f6775ad3

this joint resolution shall cover all obligations or expenditures
incurred for any project or activity during the period for which funds
or authority for such project or activity are available under this
joint resolution.

e6f24c6158c886a033476f09f4bb4c14199f98c83aadd37a4034356cf05e1e46

in the applicable appropriations Act for fiscal year 2009,
appropriations and funds made available and authority granted pursuant
to this joint resolution shall be available until whichever of the
following first occurs: (1) the enactment into law of an appropriation
for any project or activity provided for in this joint resolution; (2)
the enactment into law of the applicable appropriations Act for fiscal
year 2009 without any provision for such project or activity; or (3)
March 6, 2009.

12bb113a0bd2ced26c62d6d5e32ccddfd5e8b9983f8a4dc5c424e0ee4f4e12ca

be charged to the applicable appropriation, fund, or authorization
whenever a bill in which such applicable appropriation, fund, or
authorization is contained is enacted into law.

22f56829cb698d948df4cc34840523a43edb541b9965f02b9b89e67d24fce614

authority granted pursuant to this joint resolution may be used without
regard to the time limitations for submission and approval of
apportionments set forth in section 1513 of title 31, United States
Code, but nothing in this joint resolution may be construed to waive
any other provision of law governing the apportionment of funds.

5904638433842cc64782b04aaa600ddf77baa208f51bb5b218f6d29de6aead5e

resolution, except section 106, for those programs that would otherwise
have high initial rates of operation or complete distribution of
appropriations at the beginning of fiscal year 2009 because of
distributions of funding to States, foreign countries, grantees, or
others, such high initial rates of operation or complete distribution
shall not be made, and no grants shall be awarded for such programs
funded by this joint resolution that would impinge on final funding
prerogatives.

e245d250cf9b002363cd21c8b46b294c0893cabd5f5ad2cd6aa387fb87e0e810

the most limited funding action of that permitted in the joint
resolution shall be taken in order to provide for continuation of
projects and activities.

c155a714811526a206ec09e33fc5a0198bd255fdd8a763e120922d14df349ddc

budget authority was provided in appropriations Acts for fiscal year
2008, and for activities under the Food and Nutrition Act of 2008,
activities shall be continued at the rate to maintain program levels
under current law, under the authority and conditions provided in the
applicable appropriations Act for fiscal year 2008, to be continued
through the date specified in section 106(3).
(b) Notwithstanding section 106, obligations for mandatory payments
due on or about the first day of any month that begins after October
2008 but not later than 30 days after the date specified in section
106(3) may continue to be made, and funds shall be available for such
payments.

a5e954b3043ef627417b61f70087bc27ba5ea61ac57a2e41c31f2a03054e9344

personnel compensation and benefits in each department and agency may
be apportioned up to the rate for operations necessary to avoid
furloughs within such department or agency, consistent with the
applicable appropriations Act for fiscal year 2008, except that such
authority provided under this section shall not be used until after the
department or agency has taken all necessary actions to reduce or defer
non-personnel-related administrative expenses.

9c16f915068801ece1d82ce737f87a472a8369ac24289913e28d639e37c7ef82

obligated and expended notwithstanding section 10 of Public Law 91-672
(22 U.S.C. 2412), section 15 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and
section 504(a)(1) of the National Security Act of 1947 (50 U.S.C.
414(a)(1)).

96c34f11f70f3575112e5649e7dab3c605cdc180b51502a9ea945f87c2ec7dce

``Department of Agriculture--Food and Nutrition Service--Special
Supplemental Nutrition Program for Women, Infants, and Children (WIC)''
at a rate for operations of $6,658,000,000.

84ca9175fe5b6e520ed7ee936770bca31c497855097e30aac1a2fa7b791a6612

``Department of Agriculture--Rural Housing Service--Rental Assistance
Program'' at a rate for operations of $997,000,000.

34c4d2ba6c69c3762df95abe9fc6fdf54c3459fb02d777a4225022d907a95b2e

Act of 2008 (Public Law 110-246) shall not apply through the date
specified in section 106(3) of this joint resolution.

d15afc82875d45525fca697f25399e699a20f3e8b3e85c7d48ee2cf733bbfef7

``Department of Agriculture--Rural Housing Service--Rural Housing
Insurance Fund Program Account'', for the cost of unsubsidized
guaranteed loans for section 502 borrowers, at the rate necessary to
maintain the same principal amount of loan guarantee commitments as
made in fiscal year 2008.

7bbd778194931811f42b9cd4487a95bf677149dd04d8bc249739f05aa45aa59a

Department of Agriculture, sections 101 and 104 may not be construed to
prohibit the use of such amounts for necessary administrative expenses
for programs for which direct spending authority (as defined in section
250(c)(8)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985 (2 U.S.C. 900(c)(8)(A))) is provided by the Food, Conservation,
and Energy Act of 2008 (Public Law 110-246).

c178dd1ddefd60533f54cba902e1b8a6da7d5266f6c682d1af27b92ed28f41e1

``Department of Agriculture-Food and Nutrition Service--Commodity
Assistance Program'' at a rate for operations of $233,791,000, of which
$163,218,000 shall be for carrying out the Commodity Supplemental Food
Program.

623beb7a96d373e62b8067fb393b2e2efb61538a0023b5eb589b8a458ea6fa0b

``Department of Commerce--Bureau of the Census--Periodic Censuses and
Programs'' at a rate for operations of $2,906,262,000. From such
amounts, funds may be used for additional promotion, outreach, and
marketing activities.

568adb136002e993e20a0f47fa1ac2591203a6a9757c1f8bf49c908a4316f831

expenses in subsections (c)(2) and (c)(3)(A) of section 3005 of the
Digital Television Transition and Public Safety Act of 2005 (Public Law
109-171; 120 Stat. 21), the Assistant Secretary (as such term is
defined in section 3001(b) of such Act) may expend funds made available
under sections 3006, 3008, and 3009 of such Act for additional
administrative expenses of the digital-to-analog converter box program
established by such section 3005 at a rate not to exceed $180,000,000
through the date specified in section 106(3) of this joint resolution.

a6c764d2d2a97ebb498223d7368a43c6750cec40e12e65cd4063cf58c54bf136

``Department of Justice--Federal Prison System--Salaries and Expenses''
at a rate for operations of $5,396,615,000.

4955c1618c4f7a5d8e1b61403244f7b164875923fee847c86bfef9591a81acd8

``Department of Justice--General Administration--Detention Trustee'' at
a rate for operations of $1,245,920,000.

558775d35a89d8a6033100d8312927442d222854a9333f067453aca8ee21d735

Aeronautics and Space Administration may be obligated in the account
and budget structure set forth in S. 3182 (110th Congress), the
Commerce, Justice, Science, and Related Agencies Appropriations Act,
2009, as reported by the Committee on Appropriations of the Senate.

055797bfa44faac7f4a56ee7742fccf39c9ee14ab7fd5d7df13ccf546e8c25c5

note) is amended by striking ``January 1, 2012'' and inserting ``July
1, 2016''.

f68cdbf11ecd697a05b40a1df526fc43c29ad1ba90afe85aa788881ce4ff1c97

an additional amount is provided for ``Department of Justice--Legal
Activities--Salaries and Expenses, General Legal Activities'' to
reimburse the Office of Personnel Management for salaries and expenses
associated with the Federal observer program under section 8 of the
Voting Rights Act of 1965 (42 U.S.C. 1973f), at a rate for operations
of $3,390,000, of which $1,090,000 shall be derived by transfer from
amounts provided by section 101 for ``Office of Personnel Management--
Salaries and Expenses''.

7ba84a3145cc83513ce37907385a9b303f14b8f129ed97a78712fcf90ef38151

applied by substituting the date specified in section 106(3) of this
joint resolution for ``October 1, 2007''.

ea1acd2e20c004cb8b1e3a55a570e62f02e1eddac36880aeef0289907767b6ee

Army--Corps of Engineers-Civil--Construction'' for inland waterway
major rehabilitation projects shall not be derived from the Inland
Waterways Trust Fund.

96d4963cb707e6a6b52f30baa9a001fe9604a9ae0565ad1a04a1b34b51dedfd9

resolution, there is appropriated $7,510,000,000 for fiscal year 2009
for ``Department of Energy--Energy Programs--Advanced Technology
Vehicles Manufacturing Loan Program Account'' for the cost of direct
loans as authorized by section 136(d) of the Energy Independence and
Security Act of 2007 (Public Law 110-140; 42 U.S.C. 17013(d)), to
remain available until expended. Of such amount, $10,000,000 shall be
used for administrative expenses in carrying out the direct loan
program. Commitments for direct loans using such amount shall not
exceed $25,000,000,000 in total loan principal. The cost of such direct
loans, including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974.
(b) The amount provided by this section is designated as an
emergency requirement and necessary to meet emergency needs pursuant to
section 204(a) of S. Con. Res. 21 (110th Congress) and section
301(b)(2) of S. Con. Res. 70 (110th Congress), the concurrent
resolutions on the budget for fiscal years 2008 and 2009.
(c) Section 136 of the Energy Independence and Security Act of 2007
(Public Law 110-140; 42 U.S.C. 17013) is amended as follows:
(1) In subsection (d)(1), by adding at the end the
following: ``The loans shall be made through the Federal
Financing Bank, with the full faith and credit of the United
States Government on the principal and interest. The full
credit subsidy shall be paid by the Secretary using
appropriated funds.''.
(2) In subsection (e), by striking ``The Secretary shall
issue regulations that require that,'' and inserting the
following: ``Not later than 60 days after the enactment of the
Continuing Appropriations Resolution, 2009, the Secretary shall
promulgate an interim final rule establishing regulations that
the Secretary deems necessary to administer this section and
any loans made by the Secretary pursuant to this section. Such
interim final rule shall require that,''.
(3) By adding at the end the following new subsection:
``(j) Appointment and Pay of Personnel.--(1) The Secretary may use
direct hiring authority pursuant to section 3304(a)(3) of title 5,
United States Code, to appoint such professional and administrative
personnel as the Secretary deems necessary to the discharge of the
Secretary's functions under this section.
``(2) The rate of pay for a person appointed pursuant to paragraph
(1) shall not exceed the maximum rate payable for GS-15 of the General
Schedule under chapter 53 such title 5.
``(3) The Secretary may retain such consultants as the Secretary
deems necessary to the discharge of the functions required by this
section, pursuant to section 31 of the Office of Federal Procurement
Policy Act (41 U.S.C. 427).''.

1c53496cca0f70d50b2150fce9f0aed6e3f107b72f4ec318f7d4702a7e8e16b6

section 101 for ``Department of Energy--Energy Programs--Energy
Efficiency and Renewable Energy'' for weatherization assistance under
part A of title IV of the Energy Conservation and Production Act (42
U.S.C. 6861 et seq.), there is appropriated $250,000,000 for an
additional amount for fiscal year 2009, to remain available until
expended.
(b) The amount provided by this section is designated as an
emergency requirement and necessary to meet emergency needs pursuant to
section 204(a) of S. Con. Res. 21 (110th Congress) and section
301(b)(2) of S. Con. Res. 70 (110th Congress), the concurrent
resolutions on the budget for fiscal years 2008 and 2009.

0a0a61a9453038217c710757e6b123d3c37fc6a42fa6896c7177dd086c258a4d

101, an additional amount is provided for ``Department of the
Treasury--Internal Revenue Service--Taxpayer Services'' to meet the
requirements of the Economic Stimulus Act of 2008 (Public Law 110-185),
at a rate for operations of $67,900,000.

e58ac497e662958bb4bfc600cf0c002d90818cacfd6368814135d4bc08d6c7bd

101, an additional amount is provided for ``Executive Office of the
President--Office of Administration--Salaries and Expenses'' for e-mail
restoration activities, at a rate for operations of $5,700,000.

f39288b4788fdc86e719dfe8701a96528dab9c256c43bf668b4d788634b9c086

``Executive Office of the President--Office of Administration--
Presidential Transition Administrative Support'' to carry out the
Presidential Transition Act of 1963 (3 U.S.C. 102 note) at a rate for
operations of $8,000,000. Such funds may be transferred to other
accounts that provide funding for offices within the Executive Office
of the President and the Office of the Vice President in this joint
resolution or any other Act, to carry out such purposes.

ac36bf2eb91b77dde59ef4c11330618896050509d678f8fe178339a87539c33a

resolution, except section 106, the District of Columbia may expend
local funds for programs and activities under the heading ``District of
Columbia Funds'' for such programs and activities under title IV of S.
3260 (110th Congress), as reported by the Committee on Appropriations
of the Senate, at the rate set forth under ``District of Columbia
Funds'' as included in the Fiscal Year 2009 Proposed Budget and
Financial Plan submitted to the Congress by the District of Columbia on
June 9, 2008.

10154e9aeb8e074aee18af634cd9eb8076ed8375b65e6c7c00905e196d7302e4

``Federal Payment for Emergency Planning and Security Costs in the
District of Columbia'' for a direct Federal payment to the District of
Columbia, at a rate for operations of $15,000,000.

f9538ec9a616940118ecd42266ac61af3903c0774087aca46dd1944a98b6bed9

101, an additional amount is provided for ``Federal Communications
Commission--Salaries and Expenses'' for consumer education associated
with the transition to digital television occurring on February 17,
2009, at a rate for operations of $20,000,000.

1b7560fa3be15cf4f0f8a3fe63503aae7c3c7888f3491110ad4edd56dcc18eb7

``General Services Administration--Expenses, Presidential Transition''
to carry out the Presidential Transition Act of 1963 (3 U.S.C. 102
note) at a rate for operations of $8,520,000, of which not to exceed
$1,000,000 is for activities authorized by paragraphs (8) and (9) of
section 3(a) of such Act.

652cfc87a208f7a393a87d4e6441e4c95605d1e2366f32a30d7abac76f0c3d31

``General Services Administration--Allowances and Office Staff for
Former Presidents'' to carry out the provisions of the Act of August
25, 1958 (3 U.S.C. 102 note) at a rate for operations of $2,682,000.

2abd1752cb12b2559d7b14085e21304760de884059a6a142871f851ae335eaeb

obligations applicable under the heading ``National Credit Union
Administration--Central Liquidity Facility'' in division D of Public
Law 110-161 shall be the amount authorized by section 307(a)(4)(A) of
the Federal Credit Union Act (12 U.S.C. 1795f(a)(4)(A)).

97490b2c54ea02ce9af1d9fdd802ea2afd0675963d8685ef186c13054dd2005a

carry out section 504(d) of title 39, United States Code, as amended by
section 603(a) of the Postal Accountability and Enhancement Act (Public
Law 109-435), at a rate for operations of $14,043,000, to be derived by
transfer from the Postal Service Fund.

3c4953aa28fc72e7bdd71d4d5add2474dd4d2628eb2f87459d1450f63826c054

carry out section 8G(f)(6) of the Inspector General Act of 1978 (5
U.S.C. App.), as added by section 603(b)(3) of the Postal
Accountability and Enhancement Act (Public Law 109-435), at a rate for
operations of $233,440,000, to be derived by transfer from the Postal
Service Fund.

e99d72c63b4766998ce571bed497ec8ccf5073676de6fc7c455788dba0288343

under the statutory pay systems that takes effect in fiscal year 2009
under sections 5303 and 5304 of title 5, United States Code, shall be
an increase of 3.9 percent, and this adjustment shall apply to civilian
employees in the Department of Homeland Security. Such adjustment shall
be effective as of the first day of the first applicable pay period
beginning on or after January 1, 2009.
(b) The adjustment in rates of basic pay for the statutory pay
systems that take place in fiscal year 2009 under sections 5344 and
5348 of title 5, United States Code, shall be no less than the
percentage in subsection (a) as employees in the same location whose
rates of basic pay are adjusted pursuant to the statutory pay systems
under section 5303 and 5304 of such title 5. Prevailing rate employees
at locations where there are no employees whose pay is increased
pursuant to sections 5303 and 5304 of such title 5 and prevailing rate
employees described in section 5343(a)(5) of such title 5 shall be
considered to be located in the pay locality designated as ``Rest of
US'' pursuant to section 5304 of such title 5 for purposes of this
subsection.
(c) Funds used to carry out this section shall be paid from
appropriations which are made to each applicable department or agency
for salaries and expenses for fiscal year 2009.
(d) The provisions of this section shall apply notwithstanding any
other provision of this joint resolution.

b7f5568fd16eb047ad029aa06230fadde5db2cc8fb3016ab813bd393edd3b981

Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) shall be
applied by substituting the date specified in section 106(3) of this
joint resolution for ``the 11-year period beginning on the first day
the pilot program is in effect''.

4df3d36b4d2228e818a9c4b84d6f247825599f7b164361afbc871b49e566099a

Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) shall continue
through the date specified in section 106(3) of this joint resolution.

1fc767f710dd145f2f847f588add7be0a3ba136bd84c22d3489fa7bf2ec07064

Act of 1968 (42 U.S.C. 4016(a) and 4026) shall each be applied by
substituting the date specified in section 106(3) of this joint
resolution for ``September 30, 2008''.

3c611fc9a80d7e82dc9414e2c530c3057461c2a5aff31f44d8a8b6683c06563f

U.S.C. App. 2166(a)) shall be applied by substituting the date
specified in section 106(3) of this joint resolution for ``September
30, 2008''.

3139a25e5637427151eaa8e9c4e781aa779c9eb3998526fb509646aefa39a52c

291 (43 U.S.C. 1701 note), as amended by section 428 of Public Law 109-
54, shall continue in effect through the date specified in section
106(3) of this joint resolution.

356db88b7deab7282cac756b1d101d0ba63da56c7fd558527e256bfd8e674ffa

amended by section 420 of division F of Public Law 110-161, shall be
applied by substituting the date specified in section 106(3) of this
joint resolution for ``September 30, 2008''.

7f185861aa7f60a331e34588e1b6482bf4fd987daa6a0780c82caf0a8382fc56

shall be applied by substituting the date specified in section 106(3)
of this joint resolution for ``September 30, 2008''.

6db324e468262453e240850411717c4ec41ceb6afb14aabf00dc01859aace9c0

108 (117 Stat. 1307) shall continue in effect through the date
specified in section 106(3) of this joint resolution.

3f60f939a233b1e5c9dbdbbbaeee1cce3c081cf15addf2b6c2df9d056c19b489

101, an additional amount is provided for ``Department of the
Interior--National Park Service--Operation of the National Park
System'' for security and visitor safety activities related to the
Presidential Inaugural Ceremonies, at a rate for operations of
$2,000,000.

1fe2c7ea3f8d3ca0559a5c468d1cbc57d3cf9dd4d88e5a60036e65c1bffe295c

Law 110-161 shall not apply to amounts provided by this joint
resolution.
(b) Nothing in this section amends or shall be construed as
amending the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et
seq.), including the public comment periods mandated by section 18 of
that Act (43 U.S.C. 1344), the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), or any other law or regulation.

49494e77b142e5d6010a1c0cc5945013d29bbe67297c237f4254907a5d99fa22

Modified Water Deliveries to Everglades National Park shall be made
available to the Army Corps of Engineers, which shall immediately carry
out Alternative 3.2.2.a to U.S. Highway 41 (the Tamiami Trail) as
substantially described in the Limited Reevaluation Report with
Integrated Environmental Assessment and addendum, approved August 2008,
which, for purposes of this section, is determined to meet the
requirements of section 404 of the Federal Water Pollution Control Act
(33 U.S.C. 1344), including subsection (r), in order to achieve the
goals set forth in section 104 of the Everglades National Park
Protection and Expansion Act of 1989 (16 U.S.C. 410r-8).

be4eff9a44566fd12354219e9aa35045a1a19ffedb1b4382f2bb1ccbb5ed1b80

of the Trade Act of 1974 (19 U.S.C. 2271 et seq.), including section
246 of such Act, shall continue through the date specified in section
106(3) of this joint resolution.

04d0ab3fe50716b8aee2923dd6c236ad28054ad970fb8575d22940c5a8d1cffa

101 for ``Department of Health and Human Services--Administration for
Children and Families--Low-Income Home Energy Assistance'', there is
appropriated for such account for making payments under the Low-Income
Home Energy Assistance Act of 1981, $5,100,000,000, which shall remain
available through September 30, 2009. Of such amount, $4,509,672,000 is
for payments under subsections (b) and (d) of section 2602 of such Act
and $590,328,000 is for payments under subsection (e) of such section.
All but $839,792,000 of the amount provided by this section for such
subsections (b) and (d) shall be allocated as though the total
appropriation for such payments for fiscal year 2009 was less than
$1,975,000,000.
(b) Notwithstanding section 2605(b)(2)(B)(ii) of such Act, a State
may use any amount of an allotment from prior appropriations Acts that
is available to that State for providing assistance in fiscal year
2009, and any allotment from funds appropriated in this section or in
any other appropriations Act for fiscal year 2009, to provide
assistance to households whose income does not exceed 75 percent of the
State median income.
(c) The amount provided by this section shall be obligated to
States within 30 calender days from the date of enactment of this joint
resolution.
(d) Of the amount provided by this section, $2,779,672,000 is
designated as an emergency requirement and necessary to meet emergency
needs pursuant to section 204(a) of S. Con. Res. 21 (110th Congress)
and section 301(b)(2) of S. Con. Res. 70 (110th Congress), the
concurrent resolutions on the budget for fiscal years 2008 and 2009.
(e) The provisions of this section shall apply notwithstanding any
other provision of this joint resolution.

84d91840ba6414cb73940d4c08f6a7265174b0bf87652a6af689c58c6f4cbbfc

``Corporation for National and Community Service--Operating Expenses''
to carry out subtitle E of the National and Community Service Act of
1990 at a rate for operations of $23,782,000.

4b10dfb250d65a614cc6e51c2840a1a66d1258e83a9a5e1af1507ca396349f3a

Health and Human Services--Office of the Secretary--General
Departmental Management'' are also available for the purpose of funding
the National Commission on Children and Disasters authorized under
title VI of division G of Public Law 110-161 (the ``title VI
Commission'').
(b) Effective on and after the date of enactment of this joint
resolution (1) the National Commission on Children and Disasters
established by the Secretary of Health and Human Services under section
1114 of the Social Security Act (the ``section 1114 Commission''),
together with its members, personnel, and other resources and
obligations, shall be considered to be the title VI Commission and
shall no longer be subject to the provisions of such section 1114; and
(2) for purposes of any contract entered into by any component of the
Department of Health and Human Services in fiscal year 2008 for support
of the section 1114 Commission, any reference to the section 1114
Commission shall be deemed to refer to the title VI Commission.

d469080a8e596aec2ab0edcc82399806e89579cca93add63155300e102f8809a

``Department of Education-Student Financial Assistance'' at a rate for
operations of $18,627,136,000, of which $16,761,000,000 shall be for
carrying out subpart 1 of part A of title IV of the Higher Education
Act of 1965.
(b) Subparagraph (E) of section 401(b)(8) of the Higher Education
Act of 1965 shall not apply to any funds made available under
subparagraph (A) of such section through the date specified in section
106(3) of this joint resolution.

cec332ff71e6c5ea8e159a49ab6fa9be8c25602ce3250bd083a4f13dcd3b98d6

resolution, there is appropriated for payment to the heirs-at-law of
Stephanie Tubbs Jones, late a Representative from the State of Ohio,
$169,300.

03b38ad594afe945460738f695ce0c8e31ce68971178e18ede00029c64ae5276

resolution, there is appropriated for ``Department of Veterans
Affairs--Veterans Benefits Administration--Filipino Veterans Equity
Compensation Fund'' for payments to eligible persons who served in the
Philippines during World War II as authorized, $198,000,000, to remain
available until expended.
(b) The amount provided by this section is designated as an
emergency requirement and necessary to meet emergency needs pursuant to
section 204(a) of S. Con. Res. 21 (110th Congress) and section
301(b)(2) of S. Con. Res. 70 (110th Congress), the concurrent
resolutions on the budget for fiscal years 2008 and 2009.

1efe1594b822a1d7fd75278161542531175c099d87db0aeef4b9e882bf90198a

109-234 shall continue in effect through the date specified in section
106(3) of this joint resolution.

c6982d07d3668970b9e87385fb8f6d787f7e515dd3a51e82504cfb7303a039b7

Assistance Act of 1961 (22 U.S.C. 2195(a)(2)), the authority of
subsections (a) through (c) of section 234 of such Act shall remain in
effect through the date specified in section 106(3) of this joint
resolution.

0f0db0553aa0b333c12eb3fc5520ef20d7f3017caa76be5aab0c767cbad2a1a4

resolution, up to $5,000,000 of the amounts appropriated under the
heading ``Other Bilateral Economic Assistance--Department of the
Treasury--Debt Restructuring'' in Public Law 109-102, in such Act as
made applicable to fiscal year 2007 by the Continuing Appropriations
Resolution, 2007 (as amended by Public Law 110-5), and in title III of
division J of Public Law 110-161, may be used to assist Liberia in
buying back its commercial debt through the Debt Reduction Facility of
the International Development Association.

5d19eede5f0a4768a54924dcac3526a6ca3ffd4ecb2d4ea7d6144e8464a26897

State--Migration and Refugee Assistance'' in title III of division J of
Public Law 110-161 shall not apply to amounts provided by this joint
resolution.

306c858fb3c0962c5d5327fc0fb3939291b2cc3ab512351a4e7d024837927c68

number in the third proviso under the heading ``Military Assistance--
Funds Appropriated to the President--Foreign Military Financing
Program'' in title IV of division J of Public Law 110-161 shall be
deemed to be $670,650,000 and shall apply to the $2,550,000,000 made
available for assistance for Israel in fiscal year 2009 under the
heading ``Foreign Military Financing Program''.

93ffd7345203ec898d5256b11fff90154bef91f3b3e5faeaf8754a8667a4a333

``Department of Transportation--Federal Aviation Administration--
Operations'' at a rate for operations of $8,756,800,000, of which not
less than $1,099,402,000 shall be available for aviation safety
activities.

b7d0517c1fbd4b58d46fa1a3f2b026d9f1dc1d1d3054c88adb7fff447f33b068

Transportation--Maritime Administration--Operations and Training''
shall include amounts necessary to satisfy the salaries and benefits of
employees of the United States Merchant Marine Academy, to be derived
solely from the total amount made available in this joint resolution
for the United States Merchant Marine Academy. The Secretary of
Transportation shall inform the Committees on Appropriations of the
House of Representatives and the Senate of salaries and expenses
funding obligated for personnel that had heretofore not been
compensated from funds made available under this account.

3c7e5989dff5c970194bb29e4c04f96cead791b41df39624df324ecfd09138b5

resolution, other than section 106, the Secretary of Housing and Urban
Development shall obligate funds provided by section 101 at a rate the
Secretary determines is necessary to renew, in a timely manner, all
section 8 project-based rental assistance contracts. In renewing such
contracts, the Secretary may provide for payments to be made beyond the
period covered by this joint resolution.

eb2b3b8fd5aea9a7cd6e0fe6d6a068ca2217c6cf01ced21df865678db67630d8

(42 U.S.C. 1437v(o)) shall be applied by substituting the date
specified in section 106(3) of this joint resolution for ``September
30, 2008''.

9d014fc6ad0c557744f150e275dcdc87e28766c56204ebc6cdadf36ad0468c69

section 255(g) of the National Housing Act (12 U.S.C. 1715z-20(g)), the
Secretary of Housing and Urban Development may, until the date
specified in section 106(3) of this joint resolution, insure and enter
into commitments to insure mortgages under section 255 of such Act.

1d233a364de4f8b6845bee891d7ffd83159f3fa58953f92a5f0056710185feee

commitments to guarantee loans insured under the Mutual Mortgage
Insurance Fund, as authorized by the National Housing Act (12 U.S.C.
1701 et seq.), shall not exceed a loan principal of $1,154,000,000
multiplied by the number of days in such period.

e1662fc7fc4c14f9a1d67177308850dbfd50ffb561c20cd0443af0c165e5d8e5

resolution, from funds made available for personnel compensation and
benefits or salaries and expenses under any account in title II of
division K of Public Law 110-161 (except for ``Office of Inspector
General'' and ``Office of Federal Housing Enterprise Oversight--
Salaries and Expenses''), up to $15,000,000 may be transferred to
``Working Capital Fund'' for information technology needs for the
Federal Housing Administration.

2200a884d1659c0c1379f0f739500c22a9cdefd62a3c3fbe34ef00f37a6adb94

Transportation Safety Board--Salaries and Expenses'' shall include
amounts necessary to make lease payments due in fiscal year 2009 only,
on an obligation incurred in 2001 under a capital lease.

dce6e3216f11756e71f139d802b29b3a48647f5a97eb5c347cc7a61165af5dde

Assistance Act (42 U.S.C. 11311 et seq.) shall continue in effect,
notwithstanding section 209 of such Act, through the earlier of (1) the
date specified in section 106(3) of this joint resolution; or (2) the
date of enactment of an authorization Act relating to the McKinney-
Vento Homeless Assistance Act.
This division may be cited as the ``Continuing Appropriations
Resolution, 2009''.
ACT, 2008
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2008, and for other purposes, namely:
CHAPTER 1--AGRICULTURE AND RURAL DEVELOPMENT
DEPARTMENT OF AGRICULTURE
Office of Inspector General
For an additional amount for ``Office of Inspector General'',
$5,000,000, to remain available until expended, for oversight of
disaster- and emergency-related funding provided by this chapter.
Agricultural Research Service
buildings and facilities
For an additional amount for ``Buildings and Facilities'',
$5,000,000, to remain available until expended, for the repair and
reconstruction of buildings damaged by natural disasters occurring
during 2008.
Animal and Plant Health Inspection Service
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $5,000,000,
to remain available through September 30, 2010, for pathogen
surveillance and eradication to address confirmed or suspected
outbreaks.
Natural Resources Conservation Service
emergency watershed protection program
For an additional amount for the ``Emergency Watershed Protection
Program'', $100,000,000, to remain available until expended, for
disaster recovery operations.
Farm Service Agency
emergency conservation program
For an additional amount for ``Emergency Conservation Program'',
$115,000,000, to remain available until expended.
Rural Development Programs
rural development disaster assistance fund
For grants, and for the cost of direct and guaranteed loans, for
authorized activities of agencies of the Rural Development Mission
Area, $150,000,000, to remain available until expended, which shall be
allocated as follows: $59,000,000 for single and multi-family housing
activities; $40,000,000 for community facilities activities;
$26,000,000 for utilities activities; and $25,000,000 for business
activities: Provided, That such funds shall be for areas affected by
hurricanes, floods, and other natural disasters occurring during 2008
for which the President declared a major disaster under title IV of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act of
1974: Provided further, That the cost of such direct and guaranteed
loans, including the cost of modifying loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That the Secretary of Agriculture may reallocate funds made available
in this paragraph among the 4 specified activities, if the Secretary
notifies the Committees on Appropriations of the House of
Representatives and the Senate not less than 15 days prior to such
reallocation.
In addition, for an additional amount for grants, and for the cost
of direct and guaranteed loans, for authorized activities of the Rural
Housing Service, $38,000,000, to remain available until expended, for
single and multi-family housing activities: Provided, That such funds
shall be for areas affected by Hurricanes Katrina and Rita: Provided
further, That the cost of such direct and guaranteed loans, including
the cost of modifying loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974.
GENERAL PROVISIONS, THIS CHAPTER
(including transfers of funds)

733659e257771f61a4250fa9baf78a3d9bfd516d34af8679f04f2b2c01ecd996

Hereafter, there is established in the Treasury a fund entitled the
``Rural Development Disaster Assistance Fund''.
(b) Purpose and Availability of Fund.--Subject to subsection (d),
amounts in the Rural Development Disaster Assistance Fund shall be
available to the Secretary of Agriculture, until expended, to provide
additional amounts for authorized activities of agencies of the Rural
Development Mission Area in areas affected by a disaster declared by
the President or the Secretary of Agriculture. Amounts so provided
shall be in addition to any other amounts available to carry out the
activity.
(c) Waiver of Activity or Project Limitations.--The Secretary of
Agriculture may waive any limits on population, income, or cost-sharing
otherwise applicable to an activity or project for which amounts in the
Rural Development Disaster Assistance Fund will be obligated under
subsection (b), except that, if the amounts proposed to be obligated in
connection with the disaster would exceed the amount specified in
subsection (h), the notification required by that subsection shall
include information and justification with regard to any waivers to be
granted under this subsection.
(d) Treatment of Certain Amounts in Fund.--Amounts appropriated
directly to the Rural Development Disaster Assistance Fund by this Act
or any subsequent Act for a specific purpose shall be available only
for that purpose until such time as the transfer authority provided by
subsection (f) takes effect with regard to the amounts. Only subsection
(c), including the notification requirements of such subsection, and
subsections (g) and (i) apply to amounts described in this subsection.
(e) Transfer of Prior Appropriations to Fund.--The Secretary of
Agriculture may transfer to the Rural Development Disaster Assistance
Fund, and merge with other amounts generally appropriated to the Fund,
the available unobligated balance of any amounts that were appropriated
before the date of the enactment of this Act for programs and
activities of the Rural Development Mission Area to respond to a
disaster and were designated by the Congress as an emergency
requirement if, in advance of the transfer, the Secretary determines
that the unobligated amounts are no longer needed to respond to the
disaster for which the amounts were originally appropriated and the
Secretary provides a certification of this determination to the
Committees on Appropriations of the House of Representatives and the
Senate.
(f) Transfer of Other Appropriations to Fund.--Unless otherwise
specifically provided in an appropriations Act, the Secretary of
Agriculture may transfer to or within the Rural Development Disaster
Assistance Fund, and merge with other amounts generally appropriated to
the Fund, the available unobligated balance of any amounts that are
appropriated for fiscal year 2009 or any subsequent fiscal year for
programs and activities of the Rural Development Mission Area to
respond to a disaster and are designated by the Congress as an
emergency requirement if, in advance of the transfer, the Secretary
determines that the unobligated amounts are no longer needed to respond
to the disaster for which the amounts were originally appropriated and
the Secretary provides a certification of this determination to the
Committees on Appropriations of the House of Representatives and the
Senate. A transfer of unobligated amounts with respect to a disaster
may not be made under this subsection until after the end of the two-
year period beginning on the date on which the amounts were originally
appropriated for that disaster.
(g) Administrative Expenses.--In addition to any other funds
available to the Secretary of Agriculture to cover administrative
costs, the Secretary may use up to 3 percent of the amounts allocated
from the Rural Development Disaster Assistance Fund for a specific
disaster to cover administrative costs of Rural Development's State and
local offices in the areas affected by the disaster to carry out
disaster related activities.
(h) Limitation on Per Disaster Obligations.--Amounts in the Rural
Development Disaster Assistance Fund, except for amounts described in
subsection (d) that are appropriated to the Fund and obligated in
accordance with that subsection, may not be obligated in excess of
$1,000,000 for a disaster until at least 15 days after the date on
which the Secretary of Agriculture notifies the Committees on
Appropriations of the House of Representatives and the Senate of the
Secretary's determination to obligate additional amounts and the
reasons for the determination. The Secretary may not obligate more than
50 percent of the funds contained in the Rural Development Disaster
Assistance Fund for any one disaster unless the Secretary declares that
there is a specific and extreme need that additional funds must be
provided in response to such disaster at time of the obligation.
(i) Quarterly Reports.--The Secretary of Agriculture shall submit,
on a quarterly basis, to the Committees on Appropriations of the House
of Representatives and the Senate a report describing the status of the
Rural Development Disaster Assistance Fund and any transactions that
have affected the Fund since the previous report.

2ee73744f767aae43b5d943945f13581ef47d917229b6f17a66b8b31f5bce8ff

TITLE I

-RELIEF AND RECOVERY FROM NATURAL DISASTERS

Energy Act of 2008 (Public Law 110-246) shall apply in implementing
section 12033 of such Act.
CHAPTER 2--COMMERCE AND SCIENCE
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
Pursuant to section 703 of the Public Works and Economic
Development Act (42 U.S.C. 3233), for an additional amount for
``Economic Development Assistance Programs'', for necessary expenses
related to disaster relief, long-term recovery, and restoration of
infrastructure related to the consequences of hurricanes, floods and
other natural disasters occuring during 2008 for which the President
declared a major disaster under title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, $400,000,000, to remain
available until expended.
National Oceanic and Atmospheric Administration
operations, research, and facilities
For an additional amount for ``Operations, Research, and
Facilities'', to improve hurricane track and intensity forecasts for
the protection of life and property, $11,000,000, to remain available
until September 30, 2009.
In addition, for an additional amount for ``Operations, Research,
and Facilities'', for fishery disaster assistance, $75,000,000, to
remain available until September 30, 2009: Provided, That the National
Marine Fisheries Service shall cause such amounts to be distributed
among eligible recipients of assistance for fishery resource disasters
and commercial fishery failures as declared by the Secretary of
Commerce under sections 308(b) and 308(d) of the Interjurisdicitional
Fisheries Act (16 U.S.C. 4107) and sections 312(a) and 315 of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1861a(a) and 1864).
procurement, acquisition, and construction
For an additional amount for ``Procurement, Acquisition, and
Construction'', to improve hurricane track and intensity forecasts for
the protection of life and property, $6,000,000, to remain available
until September 30, 2009.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Exploration Capabilities
For an additional amount for ``Exploration Capabilities'', for
necessary expenses for restoration and mitigation of National
Aeronautics and Space Administration owned infrastructure and
facilities related to the consequences of hurricanes, floods, and other
natural disasters occuring during 2008 for which the President declared
a major disaster under title IV of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act of 1974, $30,000,000, to remain
available until expended with such sums as determined by the
Administrator of the National Aeronautics and Space Administration as
available to reimburse costs incurred and for transfer to ``Science,
Aeronautics and Exploration'' in accordance with section 505 of
division B of Public Law 110-161.
CHAPTER 3--ENERGY AND WATER DEVELOPMENT
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
construction
For an additional amount for ``Construction'' for necessary
expenses related to the consequences of Hurricane Katrina and other
hurricanes, floods and other natural disasters, $1,538,800,000, to
remain available until expended: Provided, That the Secretary of the
Army is directed to use $38,800,000 of the funds appropriated under
this heading to address emergency situations at Corps of Engineers
projects and rehabilitate and repair damages to Corps projects caused
by recent natural disasters: Provided further, That the Secretary is
directed to use $1,500,000,000 of the funds appropriated under this
heading to fund the estimated amount of the non-Federal cash
contribution for projects in southeast Louisiana that will be financed
in accordance with the provisions of section 103(k) of Public Law 99-
662 over a period of 30 years from the date of completion of the
project or separable element, with $700,000,000 used for the Lake
Pontchartrain and Vicinity project; $350,000,000 used for the West Bank
and Vicinity project and $450,000,000 used for elements of the
Southeast Louisiana Urban Drainage project that are within the
geographic perimeter of the West Bank and Vicinity and Lake
Pontchartrain and Vicinity projects: Provided further, That the
expenditure of funds as provided above may be made without regard to
individual amounts or purposes and any reallocation of funds that is
necessary to accomplish the established goals is authorized subject to
the approval of the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That the Assistant
Secretary of the Army for Civil Works shall provide a monthly report to
the Committees on Appropriations detailing the allocation and
obligation of these funds, beginning not later than 60 days after
enactment of this Act.
mississippi river and tributaries
For an additional amount for ``Mississippi River and Tributaries''
for recovery from natural disasters, $82,400,000, to remain available
until expended, to dredge eligible projects in response to and repair
damages to Federal projects caused by recent natural disasters:
Provided, That $35,000,000 shall be used to reimburse projects where
funding was transferred to the Flood Control and Coastal Emergencies
account under the provisions of section 5 of the Act of August 18, 1941
(33 U.S.C. 701n): Provided further, That the Assistant Secretary of the
Army for Civil Works shall provide a monthly report to the Committees
on Appropriations of the House of Representatives and the Senate
detailing the allocation and obligation of these funds, beginning not
later than 60 days after enactment of this Act.
operation and maintenance
For an additional amount for ``Operation and Maintenance'' to
dredge navigation channels and repair other Corps projects related to
natural disasters, $740,000,000, to remain available until expended:
Provided, That the Assistant Secretary of the Army for Civil Works
shall provide a monthly report to the Committees on Appropriations of
the House of Representatives and the Senate detailing the allocation
and obligation of these funds, beginning not later than 60 days after
enactment of this Act.
flood control and coastal emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Act of August 18, 1941
(33 U.S.C. 701n), for necessary expenses relating to the consequences
of recent hurricanes and other natural disasters as authorized by law,
$415,600,000, to remain available until expended to support emergency
operations, repair eligible projects nationwide, and for other
activities in response to natural disasters: Provided, That the
Assistant Secretary of the Army for Civil Works shall provide a monthly
report to the Committees on Appropriations of the House of
Representatives and the Senate detailing the allocation and obligation
of these funds, beginning not later than 60 days after enactment of
this Act.
CHAPTER 4--FINANCIAL SERVICES AND GENERAL GOVERNMENT
INDEPENDENT AGENCIES
General Services Administration
real property activities
federal buildings fund
construction and acquisition
For an additional amount to be deposited in the Federal Buildings
Fund, $182,000,000, exclusive of permitted escalation, is authorized
and available for the Administrator to proceed with necessary site
acquisition, design, and construction for the new courthouse project in
Cedar Rapids, Iowa: Provided, That the foregoing limits of costs on new
construction projects may be exceeded to the extent that savings are
effected in other such projects, but not to exceed 10 percent of the
amounts provided unless advance approval is obtained from the
Committees on Appropriations of a greater amount: Provided further,
That all funds for direct construction projects shall expire on
September 30, 2009 and remain in the Federal Buildings Fund except for
funds for projects to which funds for design or other funds have been
obligated in whole or in part prior to such date.
Small Business Administration
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$10,000,000, to remain available until September 30, 2009, for grants
under section 21 of the Small Business Act (15 U.S.C. 648) to small
business development centers to provide technical assistance to small
business concerns affected by recent hurricanes, flooding, and other
natural disasters in calendar year 2008: Provided, That the
Administrator of the Small Business Administration shall waive the
matching requirement under section 21(a)(4)(A) of such Act for any
grant made using funds made available under this heading.
office of inspector general
For an additional amount for ``Office of Inspector General'' for
necessary expenses related to the consequences of recent hurricanes and
other natural disasters in calendar year 2008, $3,000,000, to remain
available until expended.
disaster loans program account
For an additional amount for the ``Disaster Loans Program Account''
for the cost of direct loans authorized by section 7(b) of the Small
Business Act, for necessary expenses related to recent hurricanes and
other natural disasters, $498,000,000, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974.
In addition, for administrative expenses to carry out the direct
loan program authorized by section 7(b) in response to recent
hurricanes and other natural disasters, including onsite assistance to
disaster victims, increased staff at call centers, processing centers,
and field inspections teams, and attorneys to assist in loan closings,
$288,000,000 to remain available until expended; of which $279,000,000
is for direct administrative expenses of loan making and servicing to
carry out the direct loan program, which may be paid to appropriations
for Salaries and Expenses; and of which $9,000,000 is for indirect
administrative expenses, which may be paid to appropriations for
Salaries and Expenses.
CHAPTER 5--HOMELAND SECURITY
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
acquisition, construction, and improvements
(including transfer of funds)
For an additional amount for ``Acquisition, Construction, and
Improvements'' for necessary expenses related to the consequences of
2008 natural disasters and flooding, $300,000,000, to remain available
until expended: Provided, That notwithstanding the transfer limitation
contained in section 503 of division E of Public Law 110-161, such
funding may be transferred to other Coast Guard appropriations after
notification as required in accordance with such section: Provided
further, That a plan listing all facilities to be reconstructed and
restored, with associated costs, shall be submitted to the Committees
on Appropriations of the Senate and the House of Representatives.
Federal Emergency Management Agency
disaster relief
(including transfers of funds)
For an additional amount for ``Disaster Relief'', $7,960,000,000,
to remain available until expended: Provided, That of the amount
provided, up to $98,150,000 may be transferred to the ``Disaster
Assistance Direct Loan Program Account'' for the cost of direct loans
as authorized under section 417 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5184), of which up to
$4,200,000 is for administrative expenses to carry out the direct loan
program: Provided further, That such transfer may be made to subsidize
gross obligations for the principal amount of direct loans not to
exceed $100,000,000 under section 417 of such Act: Provided further,
That the cost of modifying such loans shall be as defined in section
502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a): Provided
further, That of the amount provided, up to $8,000,000 shall be
transferred to the ``Department of Homeland Security Office of
Inspector General'' for audits and investigations related to disasters.
GENERAL PROVISIONS, THIS CHAPTER
(including rescission of funds)

a75f8037377af6b0d69a0c0f047befb7d48b2a935d36f6023874b241b63ad7e5

from ``Federal Emergency Management Agency--Disaster Relief'' to the
State of Mississippi pursuant to section 404 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act of 1974 (42 U.S.C. 5170c)
for Hurricane Katrina, an additional $20,000,000 is rescinded.
(b) Appropriation.--For ``Federal Emergency Management Agency--
State and Local Programs'', there is appropriated an additional
$20,000,000, to remain available until expended, for a grant to the
State of Mississippi for an interoperable communications system
required in the aftermath of Hurricane Katrina.

2a36bc09620640f9cf19657e5bab5db839aeb5c671d30c6395d1b7cdf49120c6

Department of Homeland Security not to exceed $100,000,000, to remain
available until September 30, 2009, for payments to the American Red
Cross for reimbursement of disaster relief and recovery expenditures
and emergency services provided in the United States associated with
hurricanes, floods, and other natural disasters occurring in 2008 for
which the President declared a major disaster under title IV of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act of
1974, and only to the extent funds are not made available for those
activities by other Federal sources: Provided, That these funds may be
administered by any authorized federal government agency to meet the
purposes of this provision and that total administrative costs shall
not exceed 3 percent of the total appropriation: Provided further, That
the Comptroller General shall audit the use of these funds by the
American Red Cross.

f5882b61953c81db72a9406eab21898aff17565a584fac86e30eed30b772c542

maps initiated prior to October 1, 2008 are completed and released for
public review, preliminary base flood elevations are published in the
Federal Register, and the second required local newspaper publication
of such base flood elevations is made for the City of St. Louis, St.
Charles and St. Louis counties in Missouri, and Madison, Monroe, and
St. Clair counties in Illinois, the Administration shall not begin the
statutory appeals process in such areas required under section 1363 of
the National Flood Insurance Act of 1968.
CHAPTER 6--INTERIOR AND ENVIRONMENT
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
wildland fire management
(including transfers of funds)
For an additional amount for ``Wildland Fire Management'',
$135,000,000, to remain available until expended, of which (1)
$110,000,000 is for urgent wildland fire suppression activities,
including repayments to other accounts from which funds were
transferred in fiscal year 2008 for wildfire suppression so that all
such transfers for fiscal year 2008 are fully repaid; and (2)
$25,000,000 is for burned area rehabilitation.
United States Fish and Wildlife Service
construction
For an additional amount for ``Construction'', $75,000,000, to
remain available until expended, for necessary expenses related to the
consequences of hurricanes and natural disasters.
DEPARTMENT OF AGRICULTURE
Forest Service
capital improvement and maintenance
(including transfers of funds)
For an additional amount for ``Capital Improvement and
Maintenance'', $30,000,000, to remain available until expended, for
necessary expenses, including cleanup, related to the consequences of
hurricanes, floods and other natural disasters.
wildland fire management
(including transfers of funds)
For an additional amount for ``Wildland Fire Management'',
$775,000,000, to remain available until expended, of which (1)
$500,000,000 shall be available for emergency wildfire suppression and
related activities, of which no less than $300,000,000 shall be
transferred to Forest Service accounts within 15 days of enactment of
this Act so that all such transfers for wildfire suppression in fiscal
year 2008 are fully repaid, including $30,000,000 reallocated between
programs in the Wildland Fire Management Account; and of which
$100,000,000 shall be transferred within 15 days of enactment of this
Act to the fund established by section 3 of Public Law 71-319 (16
U.S.C. 576 et seq.) to repay transfers made for previous emergency
wildfire suppression activities; (2) $175,000,000 shall be available
for hazardous fuels reduction and hazard mitigation activities in areas
at high risk of catastrophic wildfire due to population density and
fuel loads, of which $125,000,000 is available for work on State and
private lands using all the authorities available to the Forest
Service; (3) $75,000,000 is for rehabilitation and restoration of
Federal lands and may be transferred to other Forest Service accounts
as necessary; and (4) $25,000,000 is for preparedness for retention
initiatives in areas at high risk of catastrophic wildfire that face
recurrent staffing shortages.
CHAPTER 7--HEALTH AND HUMAN SERVICES AND EDUCATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
social services block grant
For an additional amount for ``Social Services Block Grant'',
$600,000,000, which shall remain available through September 30, 2009,
for necessary expenses resulting from hurricanes, floods, and other
natural disasters occurring during 2008 for which the President
declared a major disaster under title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act of 1974, and from
Hurricanes Katrina and Rita, notwithstanding section 2003 and
paragraphs (1) and (4) of section 2005(a) of the Social Security Act:
Provided, That notwithstanding section 2002 of the Social Security Act,
the distribution of such amount shall be limited to States directly
affected by these events: Provided further, That the Secretary of
Health and Human Services shall distribute such amount to eligible
States based on demonstrated need in accordance with objective criteria
that are made available to the public: Provided further, That in
addition to other uses permitted by title XX of the Social Security
Act, funds appropriated under this heading may be used for health
services (including mental health services), and for repair,
renovation, and construction of health care facilities (including
mental health facilities), child care centers, and other social
services facilities.
DEPARTMENT OF EDUCATION
School Improvement Programs
For an additional amount for ``School Improvement Programs'' for
education for homeless children and youths (as defined in section 725
of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a)),
$15,000,000, to remain available through September 30, 2009: Provided,
That such funds shall be made available, based on demonstrated need,
only to local educational agencies whose enrollment of homeless
students has increased as a result of hurricanes, floods, and other
natural disasters occurring during 2008 for which the President
declared a major disaster under title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act of 1974: Provided further,
That such funds shall be used for the activities described in section
723(d) of such Act (42 U.S.C. 11433(d)) and services provided using
such funds shall comply with paragraphs (2) and (3) of section 723(a)
of such Act (42 U.S.C. 11433(a)): Provided further, That the local
educational agency requirements described in paragraphs (3) through (7)
of section 722(g) of such Act (42 U.S.C. 11432(g)) shall apply:
Provided further, That the Secretary of Education shall distribute
these funds to such local educational agencies not later than 120 days
after the date of the enactment of this Act.
Higher Education Disaster Relief
For an additional amount under part B of title VII of the Higher
Education Act of 1965 (``HEA'') for institutions of higher education
(as defined in section 101 or section 102(c) of that Act) that are
located in an area affected by hurricanes, floods, and other natural
disasters occurring during 2008 for which the President declared a
major disaster under title IV of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act of 1974, $15,000,000, to remain available
through September 30, 2009: Provided, That such funds shall be
available to the Secretary of Education only for payments to help
defray the expenses (which may include lost revenue, reimbursement for
expenses already incurred, and construction) incurred by such
institutions of higher education that were forced to close, relocate,
or whose operations were impaired as a result of damage directly caused
by such hurricanes, floods, and other natural disasters occurring
during 2008, and for payments to enable such institutions to provide
grants to students who attend such institutions for academic years
beginning on or after July 1, 2008: Provided further, That such
payments shall be made in accordance with criteria established by the
Secretary and made publicly available without regard to section 437 of
the General Education Provisions Act, section 553 of title 5, United
States Code, or part B of title VII of the HEA: Provided further, That
the Secretary shall award funds available under this paragraph not
later than 60 days after the date of the enactment of this Act.
GENERAL PROVISIONS, THIS CHAPTER

d4bd101d51cc03e890ca5ac1fc2dec92ce9016ba2d37268311c5aa4238e951cb

subtitle A of title IV of division B of Public Law 109-148 (119 Stat.
2797) is amended--
(1) in subsection (b)--
(A) in the first sentence, by striking ``for fiscal
year 2007.'' and inserting ``for any of fiscal years
2007 through 2009.''; and
(B) by striking the second sentence; and
(2) in subsection (c)(2), by striking ``for fiscal year
2006 or 2007'' and inserting ``for any fiscal year''.
(b) Application of Waiver Authority to Areas Affected in 2008.--The
authority of the Secretary of Education under section 105 of subtitle A
of title IV of division B of Public Law 109-148 (119 Stat. 2797), as
amended by subsection (a), may be exercised with respect to an entity
in an area affected by hurricanes, floods, and other natural disasters
occurring during 2008 for which the President declared a major disaster
under title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act of 1974.

bf0c8c8d771211725fec32eec7de99238110d89258b68f47f34a35782d4f7d01

Assistance.--
(1) Waiver of matching requirements.--Notwithstanding
sections 413C(a)(2) and 443(b)(5) of the Higher Education Act
of 1965 (20 U.S.C. 1070b-2(a)(2); 42 U.S.C. 2753(b)(5)), with
respect to funds made available for academic year 2009-2010 to
an institution of higher education located in an area affected
by a 2008 natural disaster, the Secretary shall waive the
requirement that a participating institution of higher
education provide a non-Federal share or a capital
contribution, as the case may be, to match Federal funds
provided to the institution for the programs authorized
pursuant to subpart 3 of part A and part C of title IV of such
Act.
(2) Waiver of reallocation rules.--
(A) Authority to reallocate.--Notwithstanding
sections 413D(d) and 442(d) of the Higher Education Act
of 1965 (20 U.S.C. 1070b-3(d); 42 U.S.C. 2752(d)), the
Secretary shall--
(i) reallocate any funds returned under any
of those sections that were allocated to
institutions of higher education for award year
2008-2009 to an institution of higher education
that is eligible under this paragraph; and
(ii) waive the allocation reduction for
award year 2009-2010 for an institution
returning more than 10 percent of its
allocation under any of those sections.
(B) Eligible institutions for reallocation.--An
institution of higher education may receive a
reallocation of excess allocations under this paragraph
if the institution--
(i) participates in the program for which
excess allocations are being reallocated; and
(ii) is located in an area affected by a
2008 natural disaster.
(C) Basis of reallocation.--The Secretary shall
determine the manner in which excess allocations shall
be reallocated to institutions under subparagraph (A),
and shall give additional consideration to the needs of
institutions located in an area affected by a 2008
natural disaster.
(D) Additional waiver authority.--Notwithstanding
any other provision of law, in order to carry out this
paragraph, the Secretary may waive or modify any
statutory or regulatory provision relating to the
reallocation of excess allocations under subpart 3 of
part A or part C of title IV of the Higher Education
Act of 1965 in order to ensure that assistance is
received by institutions described in subsection
(a)(2)(B).
(b) Definitions.--In this section:
(1) 2008 natural disaster.--The term ``2008 natural
disaster'' means a major disaster that the President declared
to exist, in accordance with section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170) that was caused by hurricanes, floods, and other
natural disasters during calendar year 2008.
(2) Area affected by a 2008 natural disaster.--The term
``area affected by a 2008 natural disaster'' means a county or
parish that has been designated by the Federal Emergency
Management Agency for disaster assistance for individuals and
households as a result of a 2008 natural disaster.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Education.
CHAPTER 8--MILITARY CONSTRUCTION
DEPARTMENT OF DEFENSE
Military Construction, Army National Guard
For an additional amount for ``Military Construction, Army National
Guard'', $25,000,000, to remain available until September 30, 2013, for
construction due to damages as a result of natural disasters: Provided,
That notwithstanding any other provision of law, such funds may be
obligated and expended to carry out planning and design and military
contruction projects not otherwise authorized by law: Provided further,
That within 30 days of enactment of this Act, the Army National Guard
shall submit to the Committees on Appropriations of both Houses of
Congress an expenditure plan for funds provided under this heading.
CHAPTER 9--DEPARTMENT OF STATE AND FOREIGN OPERATIONS
International Commissions
international boundary and water commission, united states and mexico
construction
For an additional amount for ``Construction'', for the water
quantity program to meet immediate and emergency repair and
rehabilitation requirements, $37,500,000, to remain available until
expended: Provided, That up to $3,000,000 may be transferred to, and
merged with, funds available under the heading ``International Boundary
and Water Commission--Salaries and Expenses'': Provided further, That
not later than 60 days after enactment of this Act, the Commission
shall submit to the Committees on Appropriations of the House of
Representatives and the Senate a detailed spending plan for funds
appropriated under this heading.
CHAPTER 10--TRANSPORTATION AND HOUSING AND URBAN DEVELOPMENT
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
federal-aid highways
emergency relief program
For an additional amount for the Emergency Relief Program as
authorized under section 125 of title 23, United States Code,
$850,000,000, to remain available until expended: Provided, That
notwithstanding section 125(d)(1) of such title, the Secretary of
Transportation may obligate more than $100,000,000 for eligible
expenses in a State in a fiscal year to respond to damage caused by
Hurricanes Gustav and Ike.
Federal Railroad Administration
railroad rehabilitation and repair
For necessary expenses for the Secretary of Transportation to make
grants to repair and rehabilitate Class II and Class III railroad
infrastructure damaged by hurricanes, floods, and other natural
disasters in areas for which the President declared a major disaster
under title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act of 1974, $20,000,000, to remain available until
expended, and to be awarded to States on a competitive case-by-case
basis based on need: Provided, That funds available under this heading
shall be available for repair and rehabilitation of railroad rights-of-
way, bridges, signals, and other infrastructure which is part of the
general railroad system of transportation and primarily used by
railroads to move freight traffic: Provided further, That the maximum
Federal share for carrying out a project under this heading shall be 80
percent of the project cost with the non-Federal share provided only in
cash, equipment or supplies: Provided further, That the Secretary may
retain up to one-half of 1 percent of the funds under this heading to
fund the oversight by the Administrator of the Federal Railroad
Administration of the design and implementation of projects funded by
grants made under this heading: Provided further, That the provisions
of section 24312 of title 49, United States Code, shall apply to
grantees assisted under this heading: Provided further, That grantees
must exhaust all other Federal and State resources prior to seeking
assistance under this heading.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
tenant-based rental assistance
For an additional amount for ``Tenant-Based Rental Assistance'',
as authorized under the United States Housing Act of 1937 (42 U.S.C.
1437 et seq.), not otherwise provided for, $85,000,000, to remain
available until expended, for incremental housing assistance, including
related administrative expenses, for persons assisted under the
Disaster Housing Assistance Program whose assistance would otherwise
end on March 1, 2009.
project-based rental assistance
For an additional amount to areas impacted by Hurricanes Katrina
and Rita for project-based vouchers under section 8(o)(13) of the
United States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)),
$50,000,000, to remain available until expended.
public housing capital fund
For an additional amount to be made available to the Secretary of
Housing and Urban Development, $15,000,000, notwithstanding any other
provision of law, to be used solely for the redevelopment of public
housing impacted by Hurricanes Katrina and Rita.
Community Planning and Development
community development fund
For an additional amount for the ``Community Development Fund'',
for necessary expenses related to disaster relief, long-term recovery,
and restoration of infrastructure, housing, and economic revitalization
in areas affected by hurricanes, floods, and other natural disasters
occuring during 2008 for which the President declared a major disaster
under title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act of 1974, $6,500,000,000, to remain available until
expended, for activities authorized under title I of the Housing and
Community Development Act of 1974 (Public Law 93-383): Provided, That
funds provided under this heading shall be administered through an
entity or entities designated by the Governor of each State: Provided
further, That such funds may not be used for activities reimbursable
by, or for which funds are made available by, the Federal Emergency
Management Agency or the Army Corps of Engineers: Provided further,
That funds allocated under this heading shall not adversely affect the
amount of any formula assistance received by a State under the
Community Development Fund: Provided further, That each State may use
up to 5 percent of its allocation for administrative costs: Provided
further, That $6,500,000 shall be available for use by the Assistant
Secretary of Community Planning and Development for the administrative
costs, including information technology costs, with respect to amounts
made available under this section and under section 2301(a) of the
Housing and Economic Recovery Act of 2008. Provided further, That not
less than $650,000,000 from funds made available on a pro-rata basis
according to the allocation made to each State under this heading shall
be used for repair, rehabilitation, and reconstruction (including
demolition, site clearance and remediation) of the affordable rental
housing stock (including public and other HUD-assisted housing) in the
impacted areas where there is a demonstrated need as determined by the
Secretary: Provided further, That in administering the funds under this
heading, the Secretary of Housing and Urban Development may waive, or
specify alternative requirements for, any provision of any statute or
regulation that the Secretary administers in connection with the
obligation by the Secretary or the use by the recipient of these funds
or guarantees (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment), upon a
request by a State explaining why such waiver is required to facilitate
the use of such funds or guarantees, if the Secretary finds that such
waiver would not be inconsistent with the overall purpose of title I of
the Housing and Community Development Act of 1974: Provided further,
That a waiver granted by the Secretary under the preceding proviso may
not reduce the percentage of funds which must be used for activities
that benefit persons of low and moderate income to less than 50
percent, unless the Secretary specifically finds that there is
compelling need to further reduce or eliminate the percentage
requirement: Provided further, That the Secretary shall publish in the
Federal Register any waiver of any statute or regulation that the
Secretary administers pursuant to title I of the Housing and Community
Development Act of 1974 no later than 5 days before the effective date
of such waiver: Provided further, That every waiver made by the
Secretary must be reconsidered according to the three previous provisos
on the 2-year anniversary of the day the Secretary published the waiver
in the Federal Register: Provided further, That the Secretary shall
allocate to the states not less than 33 percent of the funding provided
under this heading within 60 days after the enactment of this Act based
on the best estimates available of relative damage and anticipated
assistance from other Federal sources: Provided further, That prior to
the obligation of funds each State shall submit a plan to the Secretary
detailing the proposed use of all funds, including criteria for
eligibility and how the use of these funds will address long-term
recovery and restoration of infrastructure: Provided further, That each
State will report quarterly to the Committees on Appropriations on all
awards and uses of funds made available under this heading, including
specifically identifying all awards of sole-source contracts and the
rationale for making the award on a sole-source basis: Provided
further, That the Secretary shall notify the Committees on
Appropriations of any proposed allocation of any funds and any related
waivers made pursuant to the provisions under this heading no later
than 5 days before such allocation or waiver is made: Provided further,
That the Secretary shall establish procedures to prevent recipients
from receiving any duplication of benefits and report quarterly to the
Committees on Appropriations with regard to all steps taken to prevent
fraud and abuse of funds made available under this heading including
duplication of benefits: Provided further, That none of the funds
provided under this heading may be used by a State or locality as a
matching requirement, share, or contribution for any other Federal
program.
GENERAL PROVISIONS, THIS CHAPTER

d76731358b8d1d0b0f7e74f04f6d130091429f5ef08d8f57d0be21ac069ae331

inserting ``and nine months'' after ``two years''.

3ac94c7158b630e086999d604dd9a574a3efa4e3e70b8197752f59d396108bd6

(``Secretary'') is authorized to transfer, at the request of the
project owner, any project-based assistance contract in its entirety
entered into pursuant to section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f) (and any use restriction on the project) from
one project to another project. The Secretary shall make a
determination of approval or disapproval within 60 days of receipt of
the proper documentation required for such transfer, as determined by
the Secretary, if--
(1) the project from which the contract is transferred is
destroyed, damaged by Hurricanes Katrina or Rita, or is
considered beyond repair, physically obsolete, or economically
infeasible; and
(2) the number of individuals that can be served in the
project to which the contract is transferred is approximately
at least equal to the number of individuals that could be
served in the project from which the contract is transferred,
and any difference in the unit count and bedroom configuration
between the two projects shall be immaterial to the Secretary's
authority to transfer the contract.

e25fad1c812b774218f4f9cb8bbb3ae86847495a881127e5fef04edc88a29688

deleting ``calendar years 2006 and 2007'' and inserting ``calendar
years 2006, 2007, 2008, and 2009''.
CHAPTER 1--STATE AND FOREIGN OPERATIONS
DEPARTMENT OF STATE
Office of Inspector General
(including transfer of funds)
For an additional amount for ``Office of Inspector General'',
$9,000,000, which shall be transferred to the Special Inspector General
for Afghanistan Reconstruction for reconstruction oversight, to remain
available until September 30, 2010.
BILATERAL ECONOMIC ASSISTANCE
Other Bilateral Economic Assistance
economic support fund
(including transfer of funds)
For an additional amount for ``Economic Support Fund'',
$465,000,000, to remain available until September 30, 2010, of which up
to $5,000,000 may be made available for administrative expenses of the
United States Agency for International Development, in addition to
amounts otherwise made available for such purposes: Provided, That of
the funds appropriated under this heading, $365,000,000 shall be made
available for assistance for Georgia and the region for humanitarian
and economic relief, reconstruction, energy-related programs and
democracy activities, and may be transferred to, and merged with, funds
appropriated under the headings ``Assistance for the Independent States
of the Former Soviet Union'' and ``International Disaster Assistance'',
of which up to $8,000,000 may be transferred to, and merged with, funds
made available for ``International Broadcasting Operations'' for
broadcasting activities to Georgia, Russia and the region: Provided
further, That none of the funds made available in prior Acts making
appropriations for foreign operations, export financing, and related
programs under the headings ``Assistance for the Independent States of
the Former Soviet Union'' and ``Assistance for Eastern Europe and the
Baltic States'', or funds appropriated for Iraq for the Community
Stabilization Program under the heading ``Economic Support Fund'' in
Public Law 110-252, may be reprogrammed for assistance for Georgia:
Provided further, That of the funds appropriated under this heading,
not less than $100,000,000 shall be made available for hurricane relief
and reconstruction assistance for Haiti and other Caribbean countries:
Provided further, That funds appropriated under this heading shall be
subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
CHAPTER 2--AGRICULTURE
bill emerson humanitarian trust

f1b676888d6aa11f076dd325e40895b74a43023a4183570058f8ae57e4c8049d

Agriculture $100,000,000, to remain available until expended, to carry
out the Bill Emerson Humanitarian Trust, as authorized by the Bill
Emerson Humanitarian Trust Act (7 U.S.C. 1736f-1).
short title

22eb4285501e0a3cbbcb0ff3e9ffa902c5d24d44f87cf2d17d65d1c944023bdf

TITLE II

-OTHER SUPPLEMENTAL APPROPRIATIONS

and Recovery Supplemental Appropriations Act, 2008''.
emergency designation

5127935f4db40aec6e0dfc4635400af3dac79a5068ccffc4ed81c59e5bc75c55

TITLE III

-GENERAL PROVISIONS

requirement and necessary to meet emergency needs pursuant to section
204(a) of S. Con. Res. 21 (110th Congress) and section 301(b)(2) of S.
Con. Res. 70 (110th Congress), the concurrent resolutions on the budget
for fiscal years 2008 and 2009.
coordination of provisions

7bc17a9a520e78bf8fb2718c68e22f7744d019856ac51315562619978bac1eb5

b87e0aba1d2d51cfcdc12cc760284a579a95164e9a319d1d9e01ddb29efbe8dc

be used for publicity or propaganda purposes not authorized by the
Congress.

31f9b22b03d0bdca74dcd887a4559147afb91d59b030a9fed7240f0989edcabb

prohibiting the payment of compensation to, or employment of, any
person not a citizen of the United States shall not apply to personnel
of the Department of Defense: Provided, That salary increases granted
to direct and indirect hire foreign national employees of the
Department of Defense funded by this Act shall not be at a rate in
excess of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or at a rate
in excess of the percentage increase provided by the appropriate host
nation to its own employees, whichever is higher: Provided further,
That this section shall not apply to Department of Defense foreign
service national employees serving at United States diplomatic missions
whose pay is set by the Department of State under the Foreign Service
Act of 1980: Provided further, That the limitations of this provision
shall not apply to foreign national employees of the Department of
Defense in the Republic of Turkey.

7fe23254d090ec2a32d29678b6c5c37fc2662939b8315b0146714cf2635e8a62

remain available for obligation beyond the current fiscal year, unless
expressly so provided herein.

943d307e291a2ca062101d1518191037076fc81235815b7d4cd028c16624801e

Act which are limited for obligation during the current fiscal year
shall be obligated during the last 2 months of the fiscal year:
Provided, That this section shall not apply to obligations for support
of active duty training of reserve components or summer camp training
of the Reserve Officers' Training Corps.
(transfer of funds)

2982c2abf75dcf49b3f38ede1994f5794e46f7363d00671022b5eb44920120d0

action is necessary in the national interest, he may, with the approval
of the Office of Management and Budget, transfer not to exceed
$4,100,000,000 of working capital funds of the Department of Defense or
funds made available in this Act to the Department of Defense for
military functions (except military construction) between such
appropriations or funds or any subdivision thereof, to be merged with
and to be available for the same purposes, and for the same time
period, as the appropriation or fund to which transferred: Provided,
That such authority to transfer may not be used unless for higher
priority items, based on unforeseen military requirements, than those
for which originally appropriated and in no case where the item for
which funds are requested has been denied by the Congress: Provided
further, That the Secretary of Defense shall notify the Congress
promptly of all transfers made pursuant to this authority or any other
authority in this Act: Provided further, That no part of the funds in
this Act shall be available to prepare or present a request to the
Committees on Appropriations for reprogramming of funds, unless for
higher priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where the item
for which reprogramming is requested has been denied by the Congress:
Provided further, That a request for multiple reprogrammings of funds
using authority provided in this section must be made prior to June 30,
2009: Provided further, That transfers among military personnel
appropriations shall not be taken into account for purposes of the
limitation on the amount of funds that may be transferred under this
section: Provided further, That no obligation of funds may be made
pursuant to section 1206 of Public Law 109-163 (or any successor
provision) unless the Secretary of Defense has notified the
congressional defense committees prior to any such obligation.

f98b886f54d8e59cb6d6acb25bf5b94bb1a75500b619852df25783c3809065a6

Department of Defense Appropriations Act, 2009 — HR. 2638

Other Sections

DIVISION E

DIVISION A

DIVISION B / TITLE I

DIVISION B / TITLE II

DIVISION B / TITLE III

DIVISION C

DIVISION D

Want the full experience?