Reference Citation (III)

PUBLIC LAW 110–329—SEPT. 30, 2008

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CONSOLIDATED SECURITY, DISASTER
ASSISTANCE, AND CONTINUING
APPROPRIATIONS ACT, 2009

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122 STAT. 3574

PUBLIC LAW 110–329—SEPT. 30, 2008

Public Law 110–329
110th Congress
An Act
Sept. 30, 2008
[H.R. 2638]
Consolidated
Security,
Disaster
Assistance, and
Continuing
Appropriations
Act, 2009.

Making appropriations for the Department of Homeland Security for the fiscal
year ending September 30, 2008, and for other purposes.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act, 2009’’.
SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:
DIVISION A—CONTINUING APPROPRIATIONS RESOLUTION, 2009
DIVISION B—DISASTER RELIEF AND RECOVERY SUPPLEMENTAL APPROPRIATIONS ACT, 2008
DIVISION C—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2009
DIVISION D—DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS
ACT, 2009
DIVISION E—MILITARY CONSTRUCTION AND VETERANS AFFAIRS APPROPRIATIONS ACT, 2009
1 USC 1 note.

SEC. 3. REFERENCES.

Except as expressly provided otherwise, any reference to ‘‘this
Act’’ or ‘‘this joint resolution’’ contained in any division of this
Act shall be treated as referring only to the provisions of that
division.
SEC. 4. EXPLANATORY STATEMENT.

The explanatory statement regarding this legislation, printed
in the House of Representatives section of the Congressional Record
on or about September 24, 2008 by the Chairman of the Committee
on Appropriations of the House, shall have the same effect with
respect to the allocation of funds and implementation of this Act
as if it were a joint explanatory statement of a committee of conference.

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Continuing
Appropriations
Resolution, 2009.

DIVISION A—CONTINUING APPROPRIATIONS RESOLUTION,
2009
The following sums are hereby appropriated, out of any money
in the Treasury not otherwise appropriated, and out of applicable
corporate or other revenues, receipts, and funds, for the several
departments, agencies, corporations, and other organizational units
of Government for fiscal year 2009, and for other purposes, namely:
SEC. 101. Such amounts as may be necessary, at a rate for
operations as provided in the applicable appropriations Acts for

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PUBLIC LAW 110–329—SEPT. 30, 2008

122 STAT. 3575

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).
SEC. 102. Rates for operations shall be calculated under section
101 without regard to any amount designated in the applicable
appropriations Acts for fiscal year 2008 as an emergency 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’’.
SEC. 103. Appropriations made by section 101 shall be available
to the extent and in the manner that would be provided by the
pertinent appropriations Act.
SEC. 104. No appropriation or funds made available or authority
granted pursuant to section 101 shall be used to initiate or resume
any project or activity for which appropriations, funds, or other
authority were not available during fiscal year 2008.
SEC. 105. Appropriations made and authority granted pursuant
to this joint resolution shall cover all obligations or expenditures
incurred for any project or activity during the period for which
funds or authority for such project or activity are available under
this joint resolution.
SEC. 106. Unless otherwise provided for in this joint resolution
or in the applicable appropriations Act for fiscal year 2009, 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.

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PUBLIC LAW 110–329—SEPT. 30, 2008

SEC. 107. Expenditures made pursuant to this joint resolution
shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund,
or authorization is contained is enacted into law.
SEC. 108. Appropriations made and funds made available by
or authority granted pursuant to this joint resolution may be used
without regard to the time limitations for submission and approval
of apportionments set forth in section 1513 of title 31, United
States Code, but nothing in this joint resolution may be construed
to waive any other provision of law governing the apportionment
of funds.
SEC. 109. Notwithstanding any other provision of this joint
resolution, except section 106, for those programs that would 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.
SEC. 110. This joint resolution shall be implemented so that
only the most limited funding action of that permitted in the joint
resolution shall be taken in order to provide for continuation of
projects and activities.
SEC. 111. (a) For entitlements and other mandatory payments
whose budget authority was provided in appropriations Acts for
fiscal year 2008, and for activities under the Food and Nutrition
Act of 2008, activities shall be continued at the rate to maintain
program levels under current law, under the authority and 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.
SEC. 112. Amounts made available under section 101 for civilian
personnel compensation and benefits in each department and
agency may be apportioned up to the rate for operations necessary
to avoid furloughs within such department or agency, consistent
with the applicable appropriations Act for fiscal year 2008, except
that such authority provided under this section shall not be used
until after the department or agency has taken all necessary actions
to reduce or defer non-personnel-related administrative expenses.
SEC. 113. Funds appropriated by this joint resolution may
be obligated and expended notwithstanding section 10 of Public
Law 91–672 (22 U.S.C. 2412), section 15 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2680), section 313 of
the Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (22 U.S.C. 6212), and section 504(a)(1) of the National Security
Act of 1947 (50 U.S.C. 414(a)(1)).
SEC. 114. Notwithstanding section 101, amounts are provided
for ‘‘Department of Agriculture—Food and Nutrition Service—Special Supplemental Nutrition Program for Women, Infants, and Children (WIC)’’ at a rate for operations of $6,658,000,000.

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PUBLIC LAW 110–329—SEPT. 30, 2008

122 STAT. 3577

SEC. 115. Notwithstanding section 101, amounts are provided
for ‘‘Department of Agriculture—Rural Housing Service—Rental
Assistance Program’’ at a rate for operations of $997,000,000.
SEC. 116. Section 14222(b)(1) of the Food, Conservation, and
Energy Act of 2008 (Public Law 110–246) shall not apply through
the date specified in section 106(3) of this joint resolution.
SEC. 117. Notwithstanding section 101, amounts are provided
for ‘‘Department of Agriculture—Rural Housing Service—Rural
Housing Insurance Fund Program Account’’, for the cost of 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.
SEC. 118. With respect to amounts provided by section 101
for the Department of Agriculture, sections 101 and 104 may not
be construed to prohibit the use of such amounts for necessary
administrative expenses for programs for which direct spending
authority (as defined in section 250(c)(8)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)(8)(A)))
is provided by the Food, Conservation, and Energy Act of 2008
(Public Law 110–246).
SEC. 119. Notwithstanding section 101, amounts are provided
for ‘‘Department of Agriculture–Food and Nutrition Service—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.
SEC. 120. Notwithstanding section 101, amounts are provided
for ‘‘Department of Commerce—Bureau of the Census—Periodic
Censuses and Programs’’ at a rate for operations of $2,906,262,000.
From such amounts, funds may be used for additional promotion,
outreach, and marketing activities.
SEC. 121. Notwithstanding the limitations on administrative
expenses in subsections (c)(2) and (c)(3)(A) of section 3005 of the
Digital Television Transition and Public Safety Act of 2005 (Public
Law 109–171; 120 Stat. 21), the Assistant Secretary (as such term
is defined in section 3001(b) of such Act) may expend funds made
available under sections 3006, 3008, and 3009 of such Act for
additional administrative expenses of the digital-to-analog converter
box program established by such section 3005 at a rate not to
exceed $180,000,000 through the date specified in section 106(3)
of this joint resolution.
SEC. 122. Notwithstanding section 101, amounts are provided
for ‘‘Department of Justice—Federal Prison System—Salaries and
Expenses’’ at a rate for operations of $5,396,615,000.
SEC. 123. Notwithstanding section 101, amounts are provided
for ‘‘Department of Justice—General Administration—Detention
Trustee’’ at a rate for operations of $1,245,920,000.
SEC. 124. Amounts provided by section 101 for the National
Aeronautics and Space Administration may be obligated in the
account and budget structure set forth in S. 3182 (110th Congress),
the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2009, as reported by the Committee on Appropriations
of the Senate.
SEC. 125. Section 7(1)(B) of Public Law 106–178 (50 U.S.C.
1701 note) is amended by striking ‘‘January 1, 2012’’ and inserting
‘‘July 1, 2016’’.
SEC. 126. In addition to amounts otherwise provided by section
101, an additional amount is provided for ‘‘Department of Justice—

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Applicability.

Loans.

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PUBLIC LAW 110–329—SEPT. 30, 2008

Legal Activities—Salaries and Expenses, General Legal Activities’’
to reimburse the Office of Personnel Management for salaries and
expenses associated with the Federal observer program under 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’’.
SEC. 127. Section 14704 of title 40, United States Code, shall
be applied by substituting the date specified in section 106(3) of
this joint resolution for ‘‘October 1, 2007’’.
SEC. 128. Amounts provided by section 101 for ‘‘Department
of the Army—Corps of Engineers-Civil—Construction’’ for inland
waterway major rehabilitation projects shall not be derived from
the Inland Waterways Trust Fund.
SEC. 129. (a) Notwithstanding any other provision of this joint
resolution, there is appropriated $7,510,000,000 for fiscal year 2009
for ‘‘Department of Energy—Energy Programs—Advanced 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.

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PUBLIC LAW 110–329—SEPT. 30, 2008

122 STAT. 3579

‘‘(2) The rate of pay for a person appointed pursuant to paragraph (1) shall not exceed the maximum rate payable for GS15 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).’’.
SEC. 130. (a) In addition to the amounts otherwise provided
by section 101 for ‘‘Department of Energy—Energy Programs—
Energy Efficiency and Renewable Energy’’ for weatherization 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.
SEC. 131. In addition to the amounts otherwise provided by
section 101, an additional amount is provided for ‘‘Department
of the Treasury—Internal Revenue Service—Taxpayer Services’’ to
meet the requirements of the Economic Stimulus Act of 2008 (Public
Law 110–185), at a rate for operations of $67,900,000.
SEC. 132. In addition to the amounts otherwise provided by
section 101, an additional amount is provided for ‘‘Executive Office
of the President—Office of Administration—Salaries and Expenses’’
for e-mail restoration activities, at a rate for operations of
$5,700,000.
SEC. 133. Notwithstanding section 101, amounts are provided
for ‘‘Executive Office of the President—Office of Administration—
Presidential Transition Administrative Support’’ to carry out the
Presidential Transition Act of 1963 (3 U.S.C. 102 note) at a rate
for operations of $8,000,000. Such funds may be transferred to
other accounts that provide funding for offices within the Executive
Office of the President and the Office of the Vice President in
this joint resolution or any other Act, to carry out such purposes.
SEC. 134. Notwithstanding any other provision of this joint
resolution, except section 106, the District of Columbia may expend
local funds for programs and activities under the heading ‘‘District
of Columbia Funds’’ for such programs and activities under title
IV of S. 3260 (110th Congress), as reported by the Committee
on Appropriations of the Senate, at the rate set forth under ‘‘District
of Columbia Funds’’ as included in the Fiscal Year 2009 Proposed
Budget and Financial Plan submitted to the Congress by the District
of Columbia on June 9, 2008.
SEC. 135. Notwithstanding section 101, amounts are provided
for ‘‘Federal Payment for Emergency Planning and Security Costs
in the District of Columbia’’ for a direct Federal payment to the
District of Columbia, at a rate for operations of $15,000,000.
SEC. 136. In addition to the amounts otherwise provided by
section 101, an additional amount is provided for ‘‘Federal 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.

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Pay raise.
Applicability.
5 USC 5303 note.

Effective date.

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PUBLIC LAW 110–329—SEPT. 30, 2008

SEC. 137. Notwithstanding section 101, amounts are provided
for ‘‘General Services Administration—Expenses, Presidential
Transition’’ to carry out the Presidential Transition Act of 1963
(3 U.S.C. 102 note) at a rate for operations of $8,520,000, of which
not to exceed $1,000,000 is for activities authorized by paragraphs
(8) and (9) of section 3(a) of such Act.
SEC. 138. Notwithstanding section 101, amounts are provided
for ‘‘General Services Administration—Allowances and Office Staff
for Former Presidents’’ to carry out the provisions of the Act of
August 25, 1958 (3 U.S.C. 102 note) at a rate for operations of
$2,682,000.
SEC. 139. Notwithstanding section 101, the limitation on gross
obligations applicable under the heading ‘‘National Credit Union
Administration—Central Liquidity Facility’’ in division D of Public
Law 110–161 shall be the amount authorized by section 307(a)(4)(A)
of the Federal Credit Union Act (12 U.S.C. 1795f(a)(4)(A)).
SEC. 140. Notwithstanding section 101, amounts are provided
to carry out section 504(d) of title 39, United States Code, as
amended by section 603(a) of the Postal Accountability and
Enhancement Act (Public Law 109–435), at a rate for operations
of $14,043,000, to be derived by transfer from the Postal Service
Fund.
SEC. 141. Notwithstanding section 101, amounts are provided
to carry out section 8G(f)(6) of the Inspector General Act of 1978
(5 U.S.C. App.), as added by section 603(b)(3) of the Postal 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.
SEC. 142. (a) The adjustment in rates of basic pay for employees
under the statutory pay systems that takes effect in fiscal year
2009 under sections 5303 and 5304 of title 5, United States Code,
shall be an increase of 3.9 percent, and this adjustment shall
apply to civilian employees in the Department of Homeland 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.
SEC. 143. Section 401(b) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note)
shall be applied by substituting the date specified in section 106(3)
of this joint resolution for ‘‘the 11-year period beginning on the
first day the pilot program is in effect’’.

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PUBLIC LAW 110–329—SEPT. 30, 2008

122 STAT. 3581

SEC. 144. The requirement set forth in section 610(b) of the
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note)
shall continue through the date specified in section 106(3) of this
joint resolution.
SEC. 145. Sections 1309(a) and 1319 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) shall each
be applied by substituting the date specified in section 106(3) of
this joint resolution for ‘‘September 30, 2008’’.
SEC. 146. Section 717(a) of the Defense Production Act of 1950
(50 U.S.C. App. 2166(a)) shall be applied by substituting the date
specified in section 106(3) of this joint resolution for ‘‘September
30, 2008’’.
SEC. 147. The authority provided by section 330 of Public
Law 106–291 (43 U.S.C. 1701 note), as amended by section 428
of Public Law 109–54, shall continue in effect through the date
specified in section 106(3) of this joint resolution.
SEC. 148. Section 337(a) of division E of Public Law 108–
447, as amended by section 420 of division F of Public Law 110–
161, shall be applied by substituting the date specified in section
106(3) of this joint resolution for ‘‘September 30, 2008’’.
SEC. 149. Section 503(f) of Public Law 109–54 (16 U.S.C. 580d
note) shall be applied by substituting the date specified in section
106(3) of this joint resolution for ‘‘September 30, 2008’’.
SEC. 150. The authority provided by section 325 of Public
Law 108–108 (117 Stat. 1307) shall continue in effect through
the date specified in section 106(3) of this joint resolution.
SEC. 151. In addition to the amounts otherwise provided by
section 101, an additional amount is provided for ‘‘Department
of the Interior—National Park Service—Operation of the National
Park System’’ for security and visitor safety activities related to
the Presidential Inaugural Ceremonies, at a rate for operations
of $2,000,000.
SEC. 152. (a) Sections 104, 105, and 433 of division F of Public
Law 110–161 shall not apply to amounts provided by this joint
resolution.
(b) Nothing in this section amends or shall be construed as
amending the Outer Continental Shelf Lands Act (43 U.S.C. 1331
et seq.), including the public comment periods mandated by section
18 of that Act (43 U.S.C. 1344), the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.), or any other law or regulation.
SEC. 153. Amounts provided by section 101 for implementation
of the Modified Water Deliveries to Everglades National Park shall
be made available to the Army Corps of Engineers, which shall
immediately carry out Alternative 3.2.2.a to U.S. Highway 41 (the
Tamiami Trail) as substantially described in the Limited 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).
SEC. 154. Activities authorized by chapters 2, 3, and 5 of
title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.), including
section 246 of such Act, shall continue through the date specified
in section 106(3) of this joint resolution.

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PUBLIC LAW 110–329—SEPT. 30, 2008

SEC. 155. (a) In lieu of the amount otherwise provided by
section 101 for ‘‘Department of Health and Human Services—
Administration for Children and Families—Low-Income Home
Energy Assistance’’, there is appropriated for such account for
making payments under the Low-Income Home Energy Assistance
Act of 1981, $5,100,000,000, which shall remain available through
September 30, 2009. Of such amount, $4,509,672,000 is for 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.
SEC. 156. Notwithstanding section 101, amounts are provided
for ‘‘Corporation for National and Community Service—Operating
Expenses’’ to carry out subtitle E of the National and Community
Service Act of 1990 at a rate for operations of $23,782,000.
SEC. 157. (a) Amounts provided by section 101 for ‘‘Department
of Health and Human Services—Office of the Secretary—General
Departmental Management’’ are also available for the purpose of
funding the National Commission on Children and Disasters 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.
SEC. 158. (a) Notwithstanding section 101, amounts are provided for ‘‘Department of Education–Student Financial Assistance’’
at a rate for operations of $18,627,136,000, of which $16,761,000,000

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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.
SEC. 159. Notwithstanding any other provision of this joint
resolution, there is appropriated for payment to the heirs-at-law
of Stephanie Tubbs Jones, late a Representative from the State
of Ohio, $169,300.
SEC. 160. (a) Notwithstanding any other provision of this joint
resolution, there is appropriated for ‘‘Department of Veterans
Affairs—Veterans Benefits Administration—Filipino Veterans
Equity Compensation Fund’’ for payments to eligible persons who
served in the Philippines during World War II as authorized,
$198,000,000, to remain available until expended.
(b) The amount provided by this section is designated as an
emergency requirement and necessary to meet emergency needs
pursuant to section 204(a) of S. Con. Res. 21 (110th Congress)
and section 301(b)(2) of S. Con. Res. 70 (110th Congress), the
concurrent resolutions on the budget for fiscal years 2008 and
2009.
SEC. 161. The authority provided by section 1603(a) of Public
Law 109–234 shall continue in effect through the date specified
in section 106(3) of this joint resolution.
SEC. 162. Notwithstanding section 235(a)(2) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2195(a)(2)), the authority of
subsections (a) through (c) of section 234 of such Act shall remain
in effect through the date specified in section 106(3) of this joint
resolution.
SEC. 163. Notwithstanding any other provision of this joint
resolution, up to $5,000,000 of the amounts appropriated under
the heading ‘‘Other Bilateral Economic Assistance—Department of
the Treasury—Debt Restructuring’’ in Public Law 109–102, in such
Act as made applicable to fiscal year 2007 by the Continuing 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.
SEC. 164. The first proviso under the heading ‘‘Department
of State—Migration and Refugee Assistance’’ in title III of division
J of Public Law 110–161 shall not apply to amounts provided
by this joint resolution.
SEC. 165. Notwithstanding section 101 of this joint resolution,
the number in the third proviso under the heading ‘‘Military 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’’.
SEC. 166. Notwithstanding section 101, amounts are provided
for ‘‘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.

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Stephanie Tubbs
Jones.

Liberia.

Applicability.
Israel.

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Contracts.

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Mortgages.

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PUBLIC LAW 110–329—SEPT. 30, 2008

SEC. 167. Amounts provided by section 101 for ‘‘Department
of Transportation—Maritime Administration—Operations and
Training’’ shall include amounts necessary to satisfy the salaries
and benefits of employees of the United States Merchant Marine
Academy, to be derived solely from the total amount made available
in this joint resolution for the United States Merchant Marine
Academy. The Secretary of Transportation shall inform the 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.
SEC. 168. Notwithstanding any other provision of this joint
resolution, other than section 106, the Secretary of Housing and
Urban Development shall obligate funds provided by section 101
at a rate the Secretary determines is necessary to renew, in a
timely manner, all section 8 project-based rental assistance contracts. In renewing such contracts, the Secretary may provide for
payments to be made beyond the period covered by this joint resolution.
SEC. 169. Section 24(o) of the United States Housing Act of
1937 (42 U.S.C. 1437v(o)) shall be applied by substituting the
date specified in section 106(3) of this joint resolution for ‘‘September 30, 2008’’.
SEC. 170. Notwithstanding the limitation in the first sentence
of section 255(g) of the National Housing Act (12 U.S.C. 1715z20(g)), the Secretary of Housing and Urban Development may,
until the date specified in section 106(3) of this joint resolution,
insure and enter into commitments to insure mortgages under
section 255 of such Act.
SEC. 171. During the period covered by this joint resolution,
commitments to guarantee loans insured under the Mutual 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.
SEC. 172. Notwithstanding any other provision of this joint
resolution, from funds made available for personnel compensation
and benefits or salaries and expenses under any account in title
II of division K of Public Law 110–161 (except for ‘‘Office of Inspector
General’’ and ‘‘Office of Federal Housing Enterprise Oversight—
Salaries and Expenses’’), up to $15,000,000 may be transferred
to ‘‘Working Capital Fund’’ for information technology needs for
the Federal Housing Administration.
SEC. 173. Amounts provided by section 101 for ‘‘National
Transportation Safety Board—Salaries and Expenses’’ shall include
amounts necessary to make lease payments due in fiscal year
2009 only, on an obligation incurred in 2001 under a capital lease.
SEC. 174. The provisions of title II of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11311 et seq.) shall continue
in effect, notwithstanding section 209 of such Act, through the
earlier of (1) the date specified in section 106(3) of this joint 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’’.

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DIVISION B—DISASTER RELIEF AND RECOVERY
SUPPLEMENTAL APPROPRIATIONS ACT, 2008
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2008, and for other purposes, namely:

Disaster Relief
and Recovery
Supplemental
Appropriations
Act, 2008.

TITLE I—RELIEF AND RECOVERY FROM NATURAL
DISASTERS
CHAPTER 1—AGRICULTURE AND RURAL DEVELOPMENT
DEPARTMENT OF AGRICULTURE
OFFICE

OF INSPECTOR

GENERAL

For an additional amount for ‘‘Office of Inspector General’’,
$5,000,000, to remain available until expended, for oversight of
disaster- and emergency-related funding provided by this chapter.
AGRICULTURAL RESEARCH SERVICE
BUILDINGS AND FACILITIES

For an additional amount for ‘‘Buildings and Facilities’’,
$5,000,000, to remain available until expended, for the repair and
reconstruction of buildings damaged by natural disasters occurring
during 2008.
ANIMAL

AND

PLANT HEALTH INSPECTION SERVICE
SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’,
$5,000,000, to remain available through September 30, 2010, for
pathogen surveillance and eradication to address confirmed or 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

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EMERGENCY CONSERVATION PROGRAM

For an additional amount for ‘‘Emergency Conservation Program’’, $115,000,000, to remain available until expended.

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PUBLIC LAW 110–329—SEPT. 30, 2008
RURAL DEVELOPMENT PROGRAMS
RURAL DEVELOPMENT DISASTER ASSISTANCE FUND

Notification.
Deadline.

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 multifamily 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)

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7 USC 6945.

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SEC. 10101. (a) RURAL DEVELOPMENT DISASTER ASSISTANCE
FUND.—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

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122 STAT. 3587

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.

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Applicability.

Certification.

Certification.

Deadline.
Notification.

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Applicability.
7 USC 1531 note.

PUBLIC LAW 110–329—SEPT. 30, 2008

(i) QUARTERLY REPORTS.—The Secretary of Agriculture shall
submit, on a quarterly basis, to the Committees on Appropriations
of the House of Representatives and the Senate a report describing
the status of the Rural Development Disaster Assistance Fund
and any transactions that have affected the Fund since the previous
report.
SEC. 10102. Section 1601 (c)(2) of the Food, Conservation and
Energy Act of 2008 (Public Law 110-246) shall apply in 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).

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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.

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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

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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.

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Louisiana.

Reports.
Deadline.

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PUBLIC LAW 110–329—SEPT. 30, 2008
MISSISSIPPI RIVER AND TRIBUTARIES

Reports.
Deadline.

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

Reports.
Deadline.

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

Reports.
Deadline.

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

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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

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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.

Expiration 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.

Waiver authority.

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.

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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.

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PUBLIC LAW 110–329—SEPT. 30, 2008
CHAPTER 5—HOMELAND SECURITY
DEPARTMENT OF HOMELAND SECURITY
COAST GUARD
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
(INCLUDING TRANSFER OF FUNDS)

Plan.

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

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Grants.
Mississippi.

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RESCISSION OF FUNDS)

SEC. 10501. (a) RESCISSION.—Of amounts previously made
available from ‘‘Federal Emergency Management Agency—Disaster
Relief’’ to the State of Mississippi pursuant to section 404 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
of 1974 (42 U.S.C. 5170c) for Hurricane Katrina, an additional
$20,000,000 is rescinded.
(b) APPROPRIATION.—For ‘‘Federal Emergency Management
Agency—State and Local Programs’’, there is appropriated an additional $20,000,000, to remain available until expended, for a grant

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to the State of Mississippi for an interoperable communications
system required in the aftermath of Hurricane Katrina.
SEC. 10502. There is hereby appropriated to the Secretary
of the Department of Homeland Security not to exceed $100,000,000,
to remain available until September 30, 2009, for payments to
the American Red Cross for reimbursement of disaster relief and
recovery expenditures and emergency services provided in the
United States associated with hurricanes, floods, and other natural
disasters occurring in 2008 for which the President declared a
major disaster under title IV of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act of 1974, and only to the
extent funds are not made available for those activities by other
Federal sources: Provided, That these funds may be administered
by any authorized federal government agency to meet the purposes
of this provision and that total administrative costs shall not exceed
3 percent of the total appropriation: Provided further, That the
Comptroller General shall audit the use of these funds by the
American Red Cross.
SEC. 10503. Until such time as preliminary flood insurance
rate maps initiated prior to October 1, 2008 are completed and
released for public review, preliminary base flood elevations are
published in the Federal Register, and the second required local
newspaper publication of such base flood elevations is made for
the City of St. Louis, St. Charles and St. Louis counties in Missouri,
and Madison, Monroe, and St. Clair counties in Illinois, the
Administration shall not begin the statutory appeals process in
such areas required under section 1363 of the National Flood Insurance Act of 1968.

Audits.

Missouri.
Illinois.

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

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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.

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PUBLIC LAW 110–329—SEPT. 30, 2008
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
CAPITAL IMPROVEMENT AND MAINTENANCE
(INCLUDING TRANSFERS OF FUNDS)

For an additional amount for ‘‘Capital Improvement and
Maintenance’’, $30,000,000, to remain available until expended,
for necessary expenses, including cleanup, related to the consequences of hurricanes, floods and other natural disasters.
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)

Deadlines.

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

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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

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122 STAT. 3595

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.

Criteria.
Public
information.

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.

Applicability.
Deadline.

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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

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Criteria.
Public
information.

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Deadline.

PUBLIC LAW 110–329—SEPT. 30, 2008

and made publicly available without regard to section 437 of the
General Education Provisions Act, section 553 of title 5, United
States Code, or part B of title VII of the HEA: Provided further,
That the Secretary shall award funds available under this paragraph not later than 60 days after the date of the enactment
of this Act.

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GENERAL PROVISIONS, THIS CHAPTER
SEC. 10701. (a) EXTENSION OF WAIVER AUTHORITY.—Section
105 of subtitle A of title IV of division B of Public Law 109–
148 (119 Stat. 2797) is amended—
(1) in subsection (b)—
(A) in the first sentence, by striking ‘‘for fiscal year
2007.’’ and inserting ‘‘for any of fiscal years 2007 through
2009.’’; and
(B) by striking the second sentence; and
(2) in subsection (c)(2), by striking ‘‘for fiscal year 2006
or 2007’’ and inserting ‘‘for any fiscal year’’.
(b) APPLICATION OF WAIVER AUTHORITY TO AREAS AFFECTED
IN 2008.—The authority of the Secretary of Education under section
105 of subtitle A of title IV of division B of Public Law 109–
148 (119 Stat. 2797), as amended by subsection (a), may be exercised
with respect to an entity in an area affected by hurricanes, floods,
and other natural disasters occurring during 2008 for which the
President declared a major disaster under title IV of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act of 1974.
SEC. 10702. (a) ALLOCATION AND USE OF CAMPUS-BASED
HIGHER EDUCATION ASSISTANCE.—
(1) WAIVER OF MATCHING REQUIREMENTS.—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—

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(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

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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.

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Deadline.
Expenditure
plan.

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PUBLIC LAW 110–329—SEPT. 30, 2008
CHAPTER 9—DEPARTMENT OF STATE AND FOREIGN
OPERATIONS
INTERNATIONAL COMMISSIONS

INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES
AND MEXICO
CONSTRUCTION

Deadline.
Spending plan.

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

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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

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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.

Applicability.

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

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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

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122 STAT. 3600

Waiver authority.

Federal Register,
publication.
Deadline.

Deadline.

State and local
governments.
Plan.

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Reports.
Contracts.

Notification.
Deadline.

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PUBLIC LAW 110–329—SEPT. 30, 2008

Management Agency or the Army Corps of Engineers: Provided
further, That funds allocated under this heading shall not adversely
affect the amount of any formula assistance received by a State
under the Community Development Fund: Provided further, That
each State may use up to 5 percent of its allocation for 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 longterm 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 solesource 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

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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.

Procedures.
Reports.
Deadline.
Fraud.

GENERAL PROVISIONS, THIS CHAPTER
SEC. 11001. Section 7025 of Public Law 109–234 is amended
by inserting ‘‘and nine months’’ after ‘‘two years’’.
SEC. 11002. The Secretary of Housing and Urban Development
(‘‘Secretary’’) is authorized to transfer, at the request of the project
owner, any project-based assistance contract in its entirety entered
into pursuant to section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f) (and any use restriction on the project)
from one project to another project. The Secretary shall make
a determination of approval or disapproval within 60 days of receipt
of the proper documentation required for such transfer, as 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.
SEC. 11003. Section 901 of Public Law 109–148 is amended
by deleting ‘‘calendar years 2006 and 2007’’ and inserting ‘‘calendar
years 2006, 2007, 2008, and 2009’’.

120 Stat. 486.
Contracts.

Deadline.

119 Stat. 2781;
121 Stat. 162.

TITLE II—OTHER SUPPLEMENTAL APPROPRIATIONS
CHAPTER 1—STATE AND FOREIGN OPERATIONS
DEPARTMENT OF STATE
OFFICE

OF INSPECTOR

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(INCLUDING

GENERAL

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.

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PUBLIC LAW 110–329—SEPT. 30, 2008
BILATERAL ECONOMIC ASSISTANCE
OTHER BILATERAL ECONOMIC ASSISTANCE
ECONOMIC SUPPORT FUND
(INCLUDING TRANSFER OF FUNDS)

Haiti.

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

SEC. 20201. There is hereby appropriated to the Secretary
of Agriculture $100,000,000, to remain available until expended,
to carry out the Bill Emerson Humanitarian Trust, as authorized
by the Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f–
1).
TITLE III—GENERAL PROVISIONS
SHORT TITLE

SEC. 30001. This division may be cited as the ‘‘Disaster Relief
and Recovery Supplemental Appropriations Act, 2008’’.

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EMERGENCY DESIGNATION

SEC. 30002. Each amount in this Act is designated as an
emergency requirement and necessary to meet emergency needs

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pursuant to section 204(a) of S. Con. Res. 21 (110th Congress)
and section 301(b)(2) of S. Con. Res. 70 (110th Congress), the
concurrent resolutions on the budget for fiscal years 2008 and
2009.
COORDINATION OF PROVISIONS

SEC. 30003. Unless otherwise expressly provided, each amount
in this Act is a supplemental appropriation for fiscal year 2008
or, if enacted after September 30, 2008, for fiscal year 2009.
DIVISION C—DEPARTMENT OF DEFENSE APPROPRIATIONS
ACT, 2009
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2009, for military functions administered by the
Department of Defense and for other purposes, namely:

Department of
Defense
Appropriations
Act, 2009.

TITLE I
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty stations, for members of the Army on active duty, (except members
of reserve components provided for elsewhere), cadets, and aviation
cadets; for members of the Reserve Officers’ Training Corps; and
for payments pursuant to section 156 of Public Law 97–377, as
amended (42 U.S.C. 402 note), and to the Department of Defense
Military Retirement Fund, $36,382,736,000.
MILITARY PERSONNEL, NAVY
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty stations, for members of the Navy on active duty (except members
of the Reserve provided for elsewhere), midshipmen, and aviation
cadets; for members of the Reserve Officers’ Training Corps; and
for payments pursuant to section 156 of Public Law 97–377, as
amended (42 U.S.C. 402 note), and to the Department of Defense
Military Retirement Fund, $24,037,553,000.

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MILITARY PERSONNEL, MARINE CORPS
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty stations, for members of the Marine Corps on active duty (except
members of the Reserve provided for elsewhere); and for payments
pursuant to section 156 of Public Law 97–377, as amended (42

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PUBLIC LAW 110–329—SEPT. 30, 2008

U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $11,792,974,000.
MILITARY PERSONNEL, AIR FORCE
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty stations, for members of the Air Force on active duty (except members
of reserve components provided for elsewhere), cadets, and aviation
cadets; for members of the Reserve Officers’ Training Corps; and
for payments pursuant to section 156 of Public Law 97–377, as
amended (42 U.S.C. 402 note), and to the Department of Defense
Military Retirement Fund, $25,103,789,000.
RESERVE PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Army Reserve on active
duty under sections 10211, 10302, and 3038 of title 10, United
States Code, or while serving on active duty under section 12301(d)
of title 10, United States Code, in connection with performing
duty specified in section 12310(a) of title 10, United States Code,
or while undergoing reserve training, or while performing drills
or equivalent duty or other duty, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $3,904,296,000.
RESERVE PERSONNEL, NAVY
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Navy Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and expenses
authorized by section 16131 of title 10, United States Code; and
for payments to the Department of Defense Military Retirement
Fund, $1,855,968,000.

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RESERVE PERSONNEL, MARINE CORPS
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Marine Corps Reserve
on active duty under section 10211 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title
10, United States Code, in connection with performing duty specified
in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent
duty, and for members of the Marine Corps platoon leaders class,
and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military
Retirement Fund, $584,910,000.

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122 STAT. 3605

RESERVE PERSONNEL, AIR FORCE
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Air Force Reserve on
active duty under sections 10211, 10305, and 8038 of title 10,
United States Code, or while serving on active duty under section
12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States
Code, or while undergoing reserve training, or while performing
drills or equivalent duty or other duty, and expenses authorized
by section 16131 of title 10, United States Code; and for payments
to the Department of Defense Military Retirement Fund,
$1,423,676,000.
NATIONAL GUARD PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Army National Guard
while on duty under section 10211, 10302, or 12402 of title 10
or section 708 of title 32, United States Code, or while serving
on duty under section 12301(d) of title 10 or section 502(f) of
title 32, United States Code, in connection with performing duty
specified in section 12310(a) of title 10, United States Code, or
while undergoing training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section 16131 of
title 10, United States Code; and for payments to the Department
of Defense Military Retirement Fund, $6,616,220,000.
NATIONAL GUARD PERSONNEL, AIR FORCE
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Air National Guard on
duty under section 10211, 10305, or 12402 of title 10 or section
708 of title 32, United States Code, or while serving on duty
under section 12301(d) of title 10 or section 502(f) of title 32,
United States Code, in connection with performing duty specified
in section 12310(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title 10,
United States Code; and for payments to the Department of Defense
Military Retirement Fund, $2,741,768,000.
TITLE II
OPERATION AND MAINTENANCE
OPERATION

AND

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(INCLUDING

MAINTENANCE, ARMY

TRANSFER OF FUNDS)

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law;
and not to exceed $11,478,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or authority
of the Secretary of the Army, and payments may be made on
his certificate of necessity for confidential military purposes,
$31,207,243,000: Provided, That of the funds made available under

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122 STAT. 3606

PUBLIC LAW 110–329—SEPT. 30, 2008

this heading, $2,500,000 shall be available for Fort Baker, in accordance with terms and conditions as provided under the heading
‘‘Operation and Maintenance, Army’’, in Public Law 107–117.
OPERATION

AND

MAINTENANCE, NAVY

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps,
as authorized by law; and not to exceed $14,657,000 can be used
for emergencies and extraordinary expenses, to be expended on
the approval or authority of the Secretary of the Navy, and payments may be made on his certificate of necessity for confidential
military purposes, $34,410,773,000.
OPERATION

AND

MAINTENANCE, MARINE CORPS

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized
by law, $5,519,232,000.
OPERATION

AND

MAINTENANCE, AIR FORCE

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law;
and not to exceed $7,699,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or authority
of the Secretary of the Air Force, and payments may be made
on his certificate of necessity for confidential military purposes,
$34,865,964,000.
OPERATION

AND

MAINTENANCE, DEFENSE-WIDE

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(INCLUDING

TRANSFER OF FUNDS)

For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department of Defense (other than the military departments), as authorized by law, $25,939,466,000: Provided, That not more than
$50,000,000 may be used for the Combatant Commander Initiative
Fund authorized under section 166a of title 10, United States
Code: Provided further, That not to exceed $36,000,000 can be
used for emergencies and extraordinary expenses, to be expended
on the approval or authority of the Secretary of Defense, and
payments may be made on his certificate of necessity for confidential
military purposes: Provided further, That of the funds provided
under this heading, not less than $29,900,000 shall be made available for the Procurement Technical Assistance Cooperative Agreement Program, of which not less than $3,600,000 shall be available
for centers defined in 10 U.S.C. 2411(1)(D): Provided further, That
none of the funds appropriated or otherwise made available by
this Act may be used to plan or implement the consolidation of
a budget or appropriations liaison office of the Office of the Secretary of Defense, the office of the Secretary of a military department, or the service headquarters of one of the Armed Forces
into a legislative affairs or legislative liaison office: Provided further,
That, notwithstanding section 130(a) of title 10, United States
Code, not less than $46,970,000 shall be available for the Office
of the Undersecretary of Defense, Comptroller and Chief Financial

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PUBLIC LAW 110–329—SEPT. 30, 2008

122 STAT. 3607

Officer: Provided further, That $4,000,000, to remain available until
expended, is available only for expenses relating to certain classified
activities, and may be transferred as necessary by the Secretary
to operation and maintenance appropriations or research, development, test and evaluation appropriations, to be merged with and
to be available for the same time period as the appropriations
to which transferred: Provided further, That any ceiling on the
investment item unit cost of items that may be purchased with
operation and maintenance funds shall not apply to the funds
described in the preceding proviso: Provided further, That the
transfer authority provided under this heading is in addition to
any other transfer authority provided elsewhere in this Act.
OPERATION

MAINTENANCE, ARMY RESERVE

AND

For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $2,628,896,000.
OPERATION

AND

MAINTENANCE, NAVY RESERVE

For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,308,141,000.
OPERATION

AND

MAINTENANCE, MARINE CORPS RESERVE

For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of services,
supplies, and equipment; and communications, $212,487,000.
OPERATION

AND

MAINTENANCE, AIR FORCE RESERVE

For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $3,018,151,000.

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OPERATION

AND

MAINTENANCE, ARMY NATIONAL GUARD

For expenses of training, organizing, and administering the
Army National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; hire of passenger
motor vehicles; personnel services in the National Guard Bureau;
travel expenses (other than mileage), as authorized by law for
Army personnel on active duty, for Army National Guard division,

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122 STAT. 3608

PUBLIC LAW 110–329—SEPT. 30, 2008

regimental, and battalion commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau; supplying
and equipping the Army National Guard as authorized by law;
and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $5,858,303,000.
OPERATION

AND

MAINTENANCE, AIR NATIONAL GUARD

For expenses of training, organizing, and administering the
Air National Guard, including medical and hospital treatment and
related expenses in non-Federal hospitals; maintenance, operation,
and repairs to structures and facilities; transportation of things,
hire of passenger motor vehicles; supplying and equipping the Air
National Guard, as authorized by law; expenses for repair, modification, maintenance, and issue of supplies and equipment, including
those furnished from stocks under the control of agencies of the
Department of Defense; travel expenses (other than mileage) on
the same basis as authorized by law for Air National Guard personnel on active Federal duty, for Air National Guard commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National
Guard Bureau, $5,901,044,000.
UNITED STATES COURT

OF

APPEALS

FOR THE

ARMED FORCES

For salaries and expenses necessary for the United States
Court of Appeals for the Armed Forces, $13,254,000, of which not
to exceed $5,000 may be used for official representation purposes.
ENVIRONMENTAL RESTORATION, ARMY
(INCLUDING

TRANSFER OF FUNDS)

For the Department of the Army, $457,776,000, to remain
available until transferred: Provided, That the Secretary of the
Army shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous
waste, removal of unsafe buildings and debris of the Department
of the Army, or for similar purposes, transfer the funds made
available by this appropriation to other appropriations made available to the Department of the Army, to be merged with and to
be available for the same purposes and for the same time period
as the appropriations to which transferred: Provided further, That
upon a determination that all or part of the funds transferred
from this appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
elsewhere in this Act.
ENVIRONMENTAL RESTORATION, NAVY

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(INCLUDING

TRANSFER OF FUNDS)

For the Department of the Navy, $290,819,000, to remain available until transferred: Provided, That the Secretary of the Navy
shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste,

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PUBLIC LAW 110–329—SEPT. 30, 2008

122 STAT. 3609

removal of unsafe buildings and debris of the Department of the
Navy, or for similar purposes, transfer the funds made available
by this appropriation to other appropriations made available to
the Department of the Navy, to be merged with and to be available
for the same purposes and for the same time period as the appropriations to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this heading
is in addition to any other transfer authority provided elsewhere
in this Act.
ENVIRONMENTAL RESTORATION, AIR FORCE
(INCLUDING

TRANSFER OF FUNDS)

For the Department of the Air Force, $496,277,000, to remain
available until transferred: Provided, That the Secretary of the
Air Force shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of hazardous
waste, removal of unsafe buildings and debris of the Department
of the Air Force, or for similar purposes, transfer the funds made
available by this appropriation to other appropriations made available to the Department of the Air Force, to be merged with and
to be available for the same purposes and for the same time period
as the appropriations to which transferred: Provided further, That
upon a determination that all or part of the funds transferred
from this appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
elsewhere in this Act.
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

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(INCLUDING

TRANSFER OF FUNDS)

For the Department of Defense, $13,175,000, to remain available until transferred: Provided, That the Secretary of Defense
shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of
Defense, or for similar purposes, transfer the funds made available
by this appropriation to other appropriations made available to
the Department of Defense, to be merged with and to be available
for the same purposes and for the same time period as the appropriations to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this heading
is in addition to any other transfer authority provided elsewhere
in this Act.

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122 STAT. 3610

PUBLIC LAW 110–329—SEPT. 30, 2008

ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES
(INCLUDING

TRANSFER OF FUNDS)

For the Department of the Army, $291,296,000, to remain
available until transferred: Provided, That the Secretary of the
Army shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous
waste, removal of unsafe buildings and debris at sites formerly
used by the Department of Defense, transfer the funds made available by this appropriation to other appropriations made available
to the Department of the Army, to be merged with and to be
available for the same purposes and for the same time period
as the appropriations to which transferred: Provided further, That
upon a determination that all or part of the funds transferred
from this appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
elsewhere in this Act.
OVERSEAS HUMANITARIAN, DISASTER,

AND

CIVIC AID

For expenses relating to the Overseas Humanitarian, Disaster,
and Civic Aid programs of the Department of Defense (consisting
of the programs provided under sections 401, 402, 404, 407, 2557,
and 2561 of title 10, United States Code), $83,273,000, to remain
available until September 30, 2010.
COOPERATIVE THREAT REDUCTION ACCOUNT
For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for establishing
programs to prevent the proliferation of weapons, weapons components, and weapon-related technology and expertise; for programs
relating to the training and support of defense and military personnel for demilitarization and protection of weapons, weapons
components and weapons technology and expertise, and for defense
and military contacts, $434,135,000, to remain available until September 30, 2011: Provided, That of the amounts provided under
this heading, $12,000,000 shall be available only to support the
dismantling and disposal of nuclear submarines, submarine reactor
components, and security enhancements for transport and storage
of nuclear warheads in the Russian Far East.
TITLE III
PROCUREMENT

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AIRCRAFT PROCUREMENT, ARMY
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private
plants, including the land necessary therefor, for the foregoing

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122 STAT. 3611

purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $4,900,835,000, to
remain available for obligation until September 30, 2011.
MISSILE PROCUREMENT, ARMY
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private
plants, including the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $2,185,060,000, to
remain available for obligation until September 30, 2011.
PROCUREMENT

OF

WEAPONS

AND TRACKED COMBAT VEHICLES,
ARMY

For construction, procurement, production, and modification
of weapons and tracked combat vehicles, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment
and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $3,169,128,000, to
remain available for obligation until September 30, 2011.
PROCUREMENT

OF

AMMUNITION, ARMY

For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $2,287,398,000, to
remain available for obligation until September 30, 2011.

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OTHER PROCUREMENT, ARMY
For construction, procurement, production, and modification
of vehicles, including tactical, support, and non-tracked combat

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122 STAT. 3612

PUBLIC LAW 110–329—SEPT. 30, 2008

vehicles; the purchase of passenger motor vehicles for replacement
only; and the purchase of 3 vehicles required for physical security
of personnel, notwithstanding price limitations applicable to passenger vehicles but not to exceed $262,000 per vehicle; communications and electronic equipment; other support equipment; spare
parts, ordnance, and accessories therefor; specialized equipment
and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $10,684,014,000,
to remain available for obligation until September 30, 2011.
AIRCRAFT PROCUREMENT, NAVY
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare
parts, and accessories therefor; specialized equipment; expansion
of public and private plants, including the land necessary therefor,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government
and
contractor-owned
equipment
layaway,
$14,141,318,000, to remain available for obligation until September
30, 2011.
WEAPONS PROCUREMENT, NAVY
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related
support equipment including spare parts, and accessories therefor;
expansion of public and private plants, including the land necessary
therefor, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government
and
contractor-owned
equipment
layaway,
$3,292,972,000, to remain available for obligation until September
30, 2011.

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PROCUREMENT

OF

AMMUNITION, NAVY

AND

MARINE CORPS

For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $1,085,158,000, to
remain available for obligation until September 30, 2011.

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PUBLIC LAW 110–329—SEPT. 30, 2008
SHIPBUILDING

AND

122 STAT. 3613

CONVERSION, NAVY

For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine tools
and installation thereof in public and private plants; reserve plant
and Government and contractor-owned equipment layaway;
procurement of critical, long leadtime components and designs for
vessels to be constructed or converted in the future; and expansion
of public and private plants, including land necessary therefor,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title, as follows:
Carrier Replacement Program, $2,692,607,000;
Carrier Replacement Program (AP), $1,214,188,000;
NSSN, $2,107,040,000;
NSSN (AP), $1,395,548,000;
CVN Refueling, $593,534,000;
CVN Refuelings (AP), $21,389,000;
SSBN Submarine Refuelings, $221,823,000;
SSBN Submarine Refuelings (AP), $39,363,000;
DDG–1000 Program, $1,508,803,000;
DDG–51 Destroyer (AP), $200,000,000;
Littoral Combat Ship, $1,020,000,000;
LPD–17, $933,216,000;
LHA–R (AP), $178,300,000;
Intratheater Connector, $174,782,000;
LCAC Service Life Extension Program, $110,918,000;
Prior year shipbuilding costs, $165,152,000;
Service Craft, $48,117,000; and
For outfitting, post delivery, conversions, and first destination transportation, $429,587,000.
In all: $13,054,367,000, to remain available for obligation until
September 30, 2013: Provided, That additional obligations may
be incurred after September 30, 2013, for engineering services,
tests, evaluations, and other such budgeted work that must be
performed in the final stage of ship construction: Provided further,
That none of the funds provided under this heading for the construction or conversion of any naval vessel to be constructed in shipyards
in the United States shall be expended in foreign facilities for
the construction of major components of such vessel: Provided further, That none of the funds provided under this heading shall
be used for the construction of any naval vessel in foreign shipyards.

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OTHER PROCUREMENT, NAVY
For procurement, production, and modernization of support
equipment and materials not otherwise provided for, Navy ordnance
(except ordnance for new aircraft, new ships, and ships authorized
for conversion); the purchase of passenger motor vehicles for
replacement only, and the purchase of seven vehicles required for
physical security of personnel, notwithstanding price limitations
applicable to passenger vehicles but not to exceed $262,000 per
vehicle; expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval
of title; and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant and
Government
and
contractor-owned
equipment
layaway,

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122 STAT. 3614

PUBLIC LAW 110–329—SEPT. 30, 2008

$5,250,627,000, to remain available for obligation until September
30, 2011.
PROCUREMENT, MARINE CORPS
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare
parts, and accessories therefor; plant equipment, appliances, and
machine tools, and installation thereof in public and private plants;
reserve plant and Government and contractor-owned equipment
layaway; vehicles for the Marine Corps, including the purchase
of passenger motor vehicles for replacement only; and expansion
of public and private plants, including land necessary therefor,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title,
$1,376,917,000, to remain available for obligation until September
30, 2011.
AIRCRAFT PROCUREMENT, AIR FORCE
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling equipment, and training devices, spare parts, and accessories
therefor; specialized equipment; expansion of public and private
plants, Government-owned equipment and installation thereof in
such plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to approval
of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things, $13,112,617,000,
to remain available for obligation until September 30, 2011.
MISSILE PROCUREMENT, AIR FORCE
For construction, procurement, and modification of missiles,
spacecraft, rockets, and related equipment, including spare parts
and accessories therefor, ground handling equipment, and training
devices; expansion of public and private plants, Government-owned
equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $5,442,428,000, to remain available for
obligation until September 30, 2011.

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PROCUREMENT

OF

AMMUNITION, AIR FORCE

For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and

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PUBLIC LAW 110–329—SEPT. 30, 2008

122 STAT. 3615

machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $859,466,000, to
remain available for obligation until September 30, 2011.
OTHER PROCUREMENT, AIR FORCE
For procurement and modification of equipment (including
ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and
spare parts therefor, not otherwise provided for; the purchase of
passenger motor vehicles for replacement only, and the purchase
of two vehicles required for physical security of personnel, notwithstanding price limitations applicable to passenger vehicles but not
to exceed $262,000 per vehicle; lease of passenger motor vehicles;
and expansion of public and private plants, Government-owned
equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon, prior to approval of title; reserve plant and
Government
and
contractor-owned
equipment
layaway,
$16,052,569,000, to remain available for obligation until September
30, 2011.
PROCUREMENT, DEFENSE-WIDE
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies,
materials, and spare parts therefor, not otherwise provided for;
the purchase of passenger motor vehicles for replacement only;
expansion of public and private plants, equipment, and installation
thereof in such plants, erection of structures, and acquisition of
land for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior
to approval of title; reserve plant and Government and contractorowned equipment layaway, $3,306,269,000, to remain available for
obligation until September 30, 2011.
NATIONAL GUARD

AND

RESERVE EQUIPMENT

For procurement of aircraft, missiles, tracked combat vehicles,
ammunition, other weapons, and other procurement for the reserve
components of the Armed Forces, $750,000,000, to remain available
for obligation until September 30, 2011, of which $480,000,000
shall be available only for the Army National Guard: Provided,
That the Chiefs of the Reserve and National Guard components
shall, not later than 30 days after the enactment of this Act,
individually submit to the congressional defense committees the
modernization priority assessment for their respective Reserve or
National Guard component.

Deadline.
Assessment.

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DEFENSE PRODUCTION ACT PURCHASES
For activities by the Department of Defense pursuant to sections 108, 301, 302, and 303 of the Defense Production Act of
1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), $100,565,000,
to remain available until expended.

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122 STAT. 3616

PUBLIC LAW 110–329—SEPT. 30, 2008
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
RESEARCH, DEVELOPMENT, TEST

AND

EVALUATION, ARMY

For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$12,060,111,000, to remain available for obligation until September
30, 2010.
RESEARCH, DEVELOPMENT, TEST

AND

EVALUATION, NAVY

For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$19,764,276,000, to remain available for obligation until September
30, 2010: Provided, That funds appropriated in this paragraph
which are available for the V–22 may be used to meet unique
operational requirements of the Special Operations Forces: Provided
further, That funds appropriated in this paragraph shall be available for the Cobra Judy program.
RESEARCH, DEVELOPMENT, TEST

AND

EVALUATION, AIR FORCE

For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$27,084,340,000, to remain available for obligation until September
30, 2010.
RESEARCH, DEVELOPMENT, TEST

AND

EVALUATION, DEFENSE-WIDE

For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for basic
and applied scientific research, development, test and evaluation;
advanced research projects as may be designated and determined
by the Secretary of Defense, pursuant to law; maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$21,423,338,000, to remain available for obligation until September
30, 2010: Provided, That of the amount available under this heading
for the Prompt Global Strike Capability Development program,
not less than one-fourth shall be available for the Army Advanced
Hypersonic Weapon initiative.

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OPERATIONAL TEST

AND

EVALUATION, DEFENSE

For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and Evaluation, in the direction and supervision of operational test and evaluation, including initial operational test and evaluation which is conducted prior to, and in support of, production decisions; joint operational testing and evaluation; and administrative expenses in
connection therewith, $188,772,000, to remain available for obligation until September 30, 2010.

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PUBLIC LAW 110–329—SEPT. 30, 2008

122 STAT. 3617

TITLE V
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For the Defense Working Capital Funds, $1,489,234,000.
NATIONAL DEFENSE SEALIFT FUND
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve Fleet,
as established by section 11 of the Merchant Ship Sales Act of
1946 (50 U.S.C. App. 1744), and for the necessary expenses to
maintain and preserve a U.S.-flag merchant fleet to serve the
national security needs of the United States, $1,666,572,000, to
remain available until expended: Provided, That none of the funds
provided in this paragraph shall be used to award a new contract
that provides for the acquisition of any of the following major
components unless such components are manufactured in the
United States: auxiliary equipment, including pumps, for all shipboard services; propulsion system components (that is; engines,
reduction gears, and propellers); shipboard cranes; and spreaders
for shipboard cranes: Provided further, That the exercise of an
option in a contract awarded through the obligation of previously
appropriated funds shall not be considered to be the award of
a new contract: Provided further, That the Secretary of the military
department responsible for such procurement may waive the restrictions in the first proviso on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are
not available to meet Department of Defense requirements on a
timely basis and that such an acquisition must be made in order
to acquire capability for national security purposes.

Contracts.

Waiver authority.
Certification.

TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM

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(INCLUDING

TRANSFER OF FUNDS)

For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense as authorized by
law, $25,825,832,000, of which $1,300,000,000 shall be derived by
transfer from the National Defense Stockpile Transaction Fund;
of which $24,611,369,000 shall be for operation and maintenance,
of which not to exceed one percent shall remain available until
September 30, 2010, and of which up to $13,217,751,000 may be
available for contracts entered into under the TRICARE program;
of which $311,905,000, to remain available for obligation until September 30, 2011, shall be for procurement; and of which
$902,558,000, to remain available for obligation until September
30, 2010, shall be for research, development, test and evaluation:
Provided, That, notwithstanding any other provision of law, of
the amount made available under this heading for research,
development, test and evaluation, not less than $8,000,000 shall

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122 STAT. 3618

PUBLIC LAW 110–329—SEPT. 30, 2008

be available for HIV prevention educational activities undertaken
in connection with U.S. military training, exercises, and humanitarian assistance activities conducted primarily in African nations.
CHEMICAL AGENTS

AND

MUNITIONS DESTRUCTION, DEFENSE

For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents
and munitions, to include construction of facilities, in accordance
with the provisions of section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521), and for the destruction
of other chemical warfare materials that are not in the chemical
weapon stockpile, $1,505,634,000, of which $1,152,668,000 shall
be for operation and maintenance, of which no less than
$103,198,000, shall be for the Chemical Stockpile Emergency
Preparedness Program, consisting of $33,411,000 for activities on
military installations and $69,787,000, to remain available until
September 30, 2010, to assist State and local governments;
$64,085,000 shall be for procurement, to remain available until
September 30, 2011, of which no less than $26,428,000 shall be
for the Chemical Stockpile Emergency Preparedness Program to
assist State and local governments; and $288,881,000, to remain
available until September 30, 2010, shall be for research, development, test and evaluation, of which $283,219,000 shall only be
for the Assembled Chemical Weapons Alternatives (ACWA) program.
DRUG INTERDICTION

AND

COUNTER-DRUG ACTIVITIES, DEFENSE

(INCLUDING

TRANSFER OF FUNDS)

For drug interdiction and counter-drug activities of the Department of Defense, for transfer to appropriations available to the
Department of Defense for military personnel of the reserve components serving under the provisions of title 10 and title 32, United
States Code; for operation and maintenance; for procurement; and
for research, development, test and evaluation, $1,096,743,000: Provided, That the funds appropriated under this heading shall be
available for obligation for the same time period and for the same
purpose as the appropriation to which transferred: Provided further,
That upon a determination that all or part of the funds transferred
from this appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority contained
elsewhere in this Act.

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OFFICE

OF THE INSPECTOR

GENERAL

For expenses and activities of the Office of the Inspector General in carrying out the provisions of the Inspector General Act
of 1978, as amended, $271,845,000, of which $270,445,000 shall
be for operation and maintenance, of which not to exceed $700,000
is available for emergencies and extraordinary expenses to be
expended on the approval or authority of the Inspector General,
and payments may be made on the Inspector General’s certificate
of necessity for confidential military purposes; and of which

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PUBLIC LAW 110–329—SEPT. 30, 2008

122 STAT. 3619

$1,400,000, to remain available until September 30, 2011, shall
be for procurement.
TITLE VII
RELATED AGENCIES
CENTRAL INTELLIGENCE AGENCY RETIREMENT
SYSTEM FUND

AND

DISABILITY

For payment to the Central Intelligence Agency Retirement
and Disability System Fund, to maintain the proper funding level
for continuing the operation of the Central Intelligence Agency
Retirement and Disability System, $279,200,000.
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
(INCLUDING

TRANSFER OF FUNDS)

For necessary expenses of the Intelligence Community Management Account, $710,042,000: Provided, That of the funds appropriated under this heading, $44,000,000 shall be transferred to
the Department of Justice, of which $2,000,000 shall be for
reimbursement of Air Force personnel for the National Drug Intelligence Center to support the Department of Defense’s counterdrug intelligence responsibilities: Provided further, That the
National Drug Intelligence Center shall maintain the personnel
and technical resources to provide timely support to law enforcement authorities and the intelligence community by conducting
document and computer exploitation of materials collected in Federal, State, and local law enforcement activity associated with
counter-drug, counter-terrorism, and national security investigations and operations.
TITLE VIII

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GENERAL PROVISIONS
SEC. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not authorized by the Congress.
SEC. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of,
any person not a citizen of the United States shall not apply
to personnel of the Department of Defense: Provided, That salary
increases granted to direct and indirect hire foreign national
employees of the Department of Defense funded by this Act shall
not be at a rate in excess of the percentage increase authorized
by law for civilian employees of the Department of Defense whose
pay is computed under the provisions of section 5332 of title 5,
United States Code, or at a rate in excess of the percentage increase
provided by the appropriate host nation to its own employees,
whichever is higher: Provided further, That this section shall not
apply to Department of Defense foreign service national employees
serving at United States diplomatic missions whose pay is set
by the Department of State under the Foreign Service Act of 1980:
Provided further, That the limitations of this provision shall not

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10 USC 1584
note.

Wages.

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PUBLIC LAW 110–329—SEPT. 30, 2008

apply to foreign national employees of the Department of Defense
in the Republic of Turkey.
SEC. 8003. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current fiscal
year, unless expressly so provided herein.
SEC. 8004. No more than 20 percent of the appropriations
in this Act which are limited for obligation during the current
fiscal year shall be obligated during the last 2 months of the
fiscal year: Provided, That this section shall not apply to obligations
for support of active duty training of reserve components or summer
camp training of the Reserve Officers’ Training Corps.
(TRANSFER

Notification.

Deadline.

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Notification.

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OF FUNDS)

SEC. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, he may,
with the approval of the Office of Management and Budget, transfer
not to exceed $4,100,000,000 of working capital funds of the 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.
SEC. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and adjustments
to budget activities corresponding to such programs, projects, and
activities) contained in the tables titled ‘‘Explanation of Project
Level Adjustments’’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated
Act), the obligation and expenditure of amounts appropriated or
otherwise made available in this Act for those programs, projects,
and activities for which the amounts appropriated exceed the
amounts requested are hereby required by law to be carried out
in the manner provided by such tables to the same extent as
if the tables were included in the text of this Act.

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122 STAT. 3621

(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of appropriations
for purposes of section 8005 of this Act: Provided, That section
8005 shall apply when transfers of the amounts described in subsection (a) occur between appropriation accounts.
SEC. 8007. (a) Not later than 60 days after enactment of this
Act, the Department of Defense shall submit a report to the congressional defense committees to establish the baseline for application
of reprogramming and transfer authorities for fiscal year 2009:
Provided, That the report shall include—
(1) a table for each appropriation with a separate column
to display the President’s budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as detailed
in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the funds
provided in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional defense committees, unless the Secretary of Defense
certifies in writing to the congressional defense committees that
such reprogramming or transfer is necessary as an emergency
requirement.
SEC. 8008. The Secretaries of the Air Force and the Army
are authorized, using funds available under the headings ‘‘Operation
and Maintenance, Air Force’’ and ‘‘Operation and Maintenance,
Army’’, to complete facility conversions and phased repair projects
which may include upgrades and additions to Alaskan range infrastructure and training areas, and improved access to these ranges.

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(TRANSFER

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Deadline.
Reports.

Certification.

OF FUNDS)

SEC. 8009. During the current fiscal year, cash balances in
working capital funds of the Department of Defense established
pursuant to section 2208 of title 10, United States Code, may
be maintained in only such amounts as are necessary at any time
for cash disbursements to be made from such funds: Provided,
That transfers may be made between such funds: Provided further,
That transfers may be made between working capital funds and
the ‘‘Foreign Currency Fluctuations, Defense’’ appropriation and
the ‘‘Operation and Maintenance’’ appropriation accounts in such
amounts as may be determined by the Secretary of Defense, with
the approval of the Office of Management and Budget, except that
such transfers may not be made unless the Secretary of Defense
has notified the Congress of the proposed transfer. Except in
amounts equal to the amounts appropriated to working capital
funds in this Act, no obligations may be made against a working
capital fund to procure or increase the value of war reserve material
inventory, unless the Secretary of Defense has notified the Congress
prior to any such obligation.
SEC. 8010. Funds appropriated by this Act may not be used
to initiate a special access program without prior notification 30
calendar days in advance to the congressional defense committees.
SEC. 8011. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs economic

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Notification.

Notification.

Notification.
Deadline.
Contracts.
Notification.
Deadline.
10 USC 2306b
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122 STAT. 3622

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Humanitarian
assistance.
Territories.

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PUBLIC LAW 110–329—SEPT. 30, 2008

order quantity procurement in excess of $20,000,000 in any one
year of the contract or that includes an unfunded contingent liability
in excess of $20,000,000; or (2) a contract for advance procurement
leading to a multiyear contract that employs economic order
quantity procurement in excess of $20,000,000 in any one year,
unless the congressional defense committees have been notified
at least 30 days in advance of the proposed contract award: Provided, That no part of any appropriation contained in this Act
shall be available to initiate a multiyear contract for which the
economic order quantity advance procurement is not funded at
least to the limits of the Government’s liability: Provided further,
That no part of any appropriation contained in this Act shall
be available to initiate multiyear procurement contracts for any
systems or component thereof if the value of the multiyear contract
would exceed $500,000,000 unless specifically provided in this Act:
Provided further, That no multiyear procurement contract can be
terminated without 10-day prior notification to the congressional
defense committees: Provided further, That the execution of
multiyear authority shall require the use of a present value analysis
to determine lowest cost compared to an annual procurement: Provided further, That none of the funds provided in this Act may
be used for a multiyear contract executed after the date of the
enactment of
(1) the Secretary of Defense has submitted to Congress
a budget request for full funding of units to be procured through
the contract and, in the case of a contract for procurement
of aircraft, that includes, for any aircraft unit to be procured
through the contract for which procurement funds are requested
in that budget request for production beyond advance procurement activities in the fiscal year covered by the budget, full
funding of procurement of such unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the contractor
associated with the production of unfunded units to be delivered
under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used for
a multiyear procurement contract as follows:
SSN Virginia class submarine.
SEC. 8012. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby appropriated pursuant to section 401 of title 10, United States Code,
for humanitarian and civic assistance costs under chapter 20 of
title 10, United States Code. Such funds may also be obligated
for humanitarian and civic assistance costs incidental to authorized
operations and pursuant to authority granted in section 401 of
chapter 20 of title 10, United States Code, and these obligations
shall be reported as required by section 401(d) of title 10, United
States Code: Provided, That funds available for operation and
maintenance shall be available for providing humanitarian and
similar assistance by using Civic Action Teams in the Trust Territories of the Pacific Islands and freely associated states of Micronesia, pursuant to the Compact of Free Association as authorized

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122 STAT. 3623

by Public Law 99–239: Provided further, That upon a determination
by the Secretary of the Army that such action is beneficial for
graduate medical education programs conducted at Army medical
facilities located in Hawaii, the Secretary of the Army may authorize
the provision of medical services at such facilities and transportation to such facilities, on a nonreimbursable basis, for civilian
patients from American Samoa, the Commonwealth of the Northern
Mariana Islands, the Marshall Islands, the Federated States of
Micronesia, Palau, and Guam.
SEC. 8013. (a) During fiscal year 2009, the civilian personnel
of the Department of Defense may not be managed on the basis
of any end-strength, and the management of such personnel during
that fiscal year shall not be subject to any constraint or limitation
(known as an end-strength) on the number of such personnel who
may be employed on the last day of such fiscal year.
(b) The fiscal year 2010 budget request for the Department
of Defense as well as all justification material and other documentation supporting the fiscal year 2010 Department of Defense budget
request shall be prepared and submitted to the Congress as if
subsections (a) and (b) of this provision were effective with regard
to fiscal year 2010.
(c) Nothing in this section shall be construed to apply to military
(civilian) technicians.
SEC. 8014. None of the funds made available by this Act shall
be used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before
the Congress.
SEC. 8015. None of the funds appropriated by this Act shall
be available for the basic pay and allowances of any member of
the Army participating as a full-time student and receiving benefits
paid by the Secretary of Veterans Affairs from the Department
of Defense Education Benefits Fund when time spent as a fulltime student is credited toward completion of a service commitment:
Provided, That this section shall not apply to those members who
have reenlisted with this option prior to October 1, 1987: Provided
further, That this section applies only to active components of
the Army.
SEC. 8016. (a) None of the funds appropriated by this Act
shall be available to convert to contractor performance an activity
or function of the Department of Defense that, on or after the
date of the enactment of this Act, is performed by more than
10 Department of Defense civilian employees unless—
(1) the conversion is based on the result of a public-private
competition that includes a most efficient and cost effective
organization plan developed by such activity or function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers for
performance of the activity or function, the cost of performance
of the activity or function by a contractor would be less costly
to the Department of Defense by an amount that equals or
exceeds the lesser of—
(A) 10 percent of the most efficient organization’s personnel-related costs for performance of that activity or function by Federal employees; or
(B) $10,000,000; and

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PUBLIC LAW 110–329—SEPT. 30, 2008

(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of Defense
by—
(A) not making an employer-sponsored health insurance plan available to the workers who are to be employed
in the performance of that activity or function under the
contract; or
(B) offering to such workers an employer-sponsored
health benefits plan that requires the employer to contribute less towards the premium or subscription share
than the amount that is paid by the Department of Defense
for health benefits for civilian employees under chapter
89 of title 5, United States Code.
(b)(1) The Department of Defense, without regard to subsection
(a) of this section or subsection (a), (b), or (c) of section 2461
of title 10, United States Code, and notwithstanding any administrative regulation, requirement, or policy to the contrary shall have
full authority to enter into a contract for the performance of any
commercial or industrial type function of the Department of Defense
that—
(A) is included on the procurement list established pursuant
to section 2 of the Javits-Wagner-O’Day Act (41 U.S.C. 47);
(B) is planned to be converted to performance by a qualified
nonprofit agency for the blind or by a qualified nonprofit agency
for other severely handicapped individuals in accordance with
that Act; or
(C) is planned to be converted to performance by a qualified
firm under at least 51 percent ownership by an Indian tribe,
as defined in section 4(e) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b(e)), or a Native
Hawaiian Organization, as defined in section 8(a)(15) of the
Small Business Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or contracts
for depot maintenance as provided in sections 2469 and 2474 of
title 10, United States Code.
(c) The conversion of any activity or function of the Department
of Defense under the authority provided by this section shall be
credited toward any competitive or outsourcing goal, target, or
measurement that may be established by statute, regulation, or
policy and is deemed to be awarded under the authority of, and
in compliance with, subsection (h) of section 2304 of title 10, United
States Code, for the competition or outsourcing of commercial activities.
(TRANSFER

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OF FUNDS)

SEC. 8017. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred to any other appropriation contained in this Act solely for
the purpose of implementing a Mentor-Protege Program developmental assistance agreement pursuant to section 831 of the
National Defense Authorization Act for Fiscal Year 1991 (Public
Law 101–510; 10 U.S.C. 2302 note), as amended, under the
authority of this provision or any other transfer authority contained
in this Act.
SEC. 8018. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its departments
and agencies) of welded shipboard anchor and mooring chain 4

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122 STAT. 3625

inches in diameter and under unless the anchor and mooring chain
are manufactured in the United States from components which
are substantially manufactured in the United States: Provided,
That for the purpose of this section manufactured will include
cutting, heat treating, quality control, testing of chain and welding
(including the forging and shot blasting process): Provided further,
That for the purpose of this section substantially all of the components of anchor and mooring chain shall be considered to be produced or manufactured in the United States if the aggregate cost
of the components produced or manufactured in the United States
exceeds the aggregate cost of the components produced or manufactured outside the United States: Provided further, That when adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis, the Secretary of the service
responsible for the procurement may waive this restriction on a
case-by-case basis by certifying in writing to the Committees on
Appropriations that such an acquisition must be made in order
to acquire capability for national security purposes.
SEC. 8019. None of the funds available to the Department
of Defense may be used to demilitarize or dispose of M–1 Carbines,
M–1 Garand rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles,
or M–1911 pistols.
SEC. 8020. No more than $500,000 of the funds appropriated
or made available in this Act shall be used during a single fiscal
year for any single relocation of an organization, unit, activity
or function of the Department of Defense into or within the National
Capital Region: Provided, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying in writing
to the congressional defense committees that such a relocation
is required in the best interest of the Government.
SEC. 8021. In addition to the funds provided elsewhere in
this Act, $15,000,000 is appropriated only for incentive payments
authorized by section 504 of the Indian Financing Act of 1974
(25 U.S.C. 1544): Provided, That a prime contractor or a subcontractor at any tier that makes a subcontract award to any subcontractor or supplier as defined in section 1544 of title 25, United
States Code, or a small business owned and controlled by an individual or individuals defined under section 4221(9) of title 25,
United States Code, shall be considered a contractor for the purposes of being allowed additional compensation under section 504
of the Indian Financing Act of 1974 (25 U.S.C. 1544) whenever
the prime contract or subcontract amount is over $500,000 and
involves the expenditure of funds appropriated by an Act making
Appropriations for the Department of Defense with respect to any
fiscal year: Provided further, That notwithstanding section 430 of
title 41, United States Code, this section shall be applicable to
any Department of Defense acquisition of supplies or services,
including any contract and any subcontract at any tier for acquisition of commercial items produced or manufactured, in whole or
in part by any subcontractor or supplier defined in section 1544
of title 25, United States Code, or a small business owned and
controlled by an individual or individuals defined under section
4221(9) of title 25, United States Code.
SEC. 8022. Funds appropriated by this Act for the Defense
Media Activity shall not be used for any national or international
political or psychological activities.

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Certification.

Ammunition.

Waiver authority.
Certification.

Contracts.

Applicability.

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SEC. 8023. None of the funds appropriated by this Act shall
be available to perform any cost study pursuant to the provisions
of OMB Circular A–76 if the study being performed exceeds a
period of 24 months after initiation of such study with respect
to a single function activity or 30 months after initiation of such
study for a multi-function activity.
SEC. 8024. During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of title 10,
United States Code, in anticipation of receipt of contributions, only
from the Government of Kuwait, under that section: Provided,
That upon receipt, such contributions from the Government of
Kuwait shall be credited to the appropriations or fund which
incurred such obligations.
SEC. 8025. (a) Of the funds made available in this Act, not
less than $34,929,000 shall be available for the Civil Air Patrol
Corporation, of which—
(1) $26,605,000 shall be available from ‘‘Operation and
Maintenance, Air Force’’ to support Civil Air Patrol Corporation
operation and maintenance, readiness, counterdrug activities,
and drug demand reduction activities involving youth programs;
(2) $7,435,000 shall be available from ‘‘Aircraft Procurement, Air Force’’; and
(3) $889,000 shall be available from ‘‘Other Procurement,
Air Force’’ for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement
for any funds used by the Civil Air Patrol for counter-drug activities
in support of Federal, State, and local government agencies.
SEC. 8026. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense (department) federally funded research and development center (FFRDC),
either as a new entity, or as a separate entity administrated by
an organization managing another FFRDC, or as a nonprofit membership corporation consisting of a consortium of other FFRDCs
and other non-profit entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or any
similar entity of a defense FFRDC, and no paid consultant to
any defense FFRDC, except when acting in a technical advisory
capacity, may be compensated for his or her services as a member
of such entity, or as a paid consultant by more than one FFRDC
in a fiscal year: Provided, That a member of any such entity
referred to previously in this subsection shall be allowed travel
expenses and per diem as authorized under the Federal Joint Travel
Regulations, when engaged in the performance of membership
duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during fiscal
year 2009 may be used by a defense FFRDC, through a fee or
other payment mechanism, for construction of new buildings, for
payment of cost sharing for projects funded by Government grants,
for absorption of contract overruns, or for certain charitable contributions, not to include employee participation in community
service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2009, not more
than 5,600 staff years of technical effort (staff years) may be funded

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122 STAT. 3627

for defense FFRDCs: Provided, That of the specific amount referred
to previously in this subsection, not more than 1,100 staff years
may be funded for the defense studies and analysis FFRDCs: Provided further, That this subsection shall not apply to staff years
funded in the National Intelligence Program (NIP) and the Military
Intelligence Program (MIP).
(e) The Secretary of Defense shall, with the submission of
the department’s fiscal year 2010 budget request, submit a report
presenting the specific amounts of staff years of technical effort
to be allocated for each defense FFRDC during that fiscal year
and the associated budget estimates.
(f) Notwithstanding any other provision of this Act, the total
amount appropriated in this Act for FFRDCs is hereby reduced
by $84,000,000.
SEC. 8027. None of the funds appropriated or made available
in this Act shall be used to procure carbon, alloy or armor steel
plate for use in any Government-owned facility or property under
the control of the Department of Defense which were not melted
and rolled in the United States or Canada: Provided, That these
procurement restrictions shall apply to any and all Federal Supply
Class 9515, American Society of Testing and Materials (ASTM)
or American Iron and Steel Institute (AISI) specifications of carbon,
alloy or armor steel plate: Provided further, That the Secretary
of the military department responsible for the procurement may
waive this restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to
acquire capability for national security purposes: Provided further,
That these restrictions shall not apply to contracts which are in
being as of the date of the enactment of this Act.
SEC. 8028. For the purposes of this Act, the term ‘‘congressional
defense committees’’ means the Armed Services Committee of the
House of Representatives, the Armed Services Committee of the
Senate, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives.
SEC. 8029. During the current fiscal year, the Department
of Defense may acquire the modification, depot maintenance and
repair of aircraft, vehicles and vessels as well as the production
of components and other Defense-related articles, through competition between Department of Defense depot maintenance activities
and private firms: Provided, That the Senior Acquisition Executive
of the military department or Defense Agency concerned, with power
of delegation, shall certify that successful bids include comparable
estimates of all direct and indirect costs for both public and private
bids: Provided further, That Office of Management and Budget
Circular A–76 shall not apply to competitions conducted under
this section.
SEC. 8030. (a)(1) If the Secretary of Defense, after consultation
with the United States Trade Representative, determines that a
foreign country which is party to an agreement described in paragraph (2) has violated the terms of the agreement by discriminating
against certain types of products produced in the United States
that are covered by the agreement, the Secretary of Defense shall
rescind the Secretary’s blanket waiver of the Buy American Act

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Contracts.
Applicability.

Waiver authority.
Certification.

10 USC 101 note.

Certification.

41 USC 10b–2
note.

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with respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the
United States and a foreign country pursuant to which the Secretary
of Defense has prospectively waived the Buy American Act for
certain products in that country.
(b) The Secretary of Defense shall submit to the Congress
a report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2009. Such report shall separately
indicate the dollar value of items for which the Buy American
Act was waived pursuant to any agreement described in subsection
(a)(2), the Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.),
or any international agreement to which the United States is a
party.
(c) For purposes of this section, the term ‘‘Buy American Act’’
means title III of the Act entitled ‘‘An Act making appropriations
for the Treasury and Post Office Departments for the fiscal year
ending June 30, 1934, and for other purposes’’, approved March
3, 1933 (41 U.S.C. 10a et seq.).
SEC. 8031. During the current fiscal year, amounts contained
in the Department of Defense Overseas Military Facility Investment
Recovery Account established by section 2921(c)(1) of the National
Defense Authorization Act of 1991 (Public Law 101–510; 10 U.S.C.
2687 note) shall be available until expended for the payments
specified by section 2921(c)(2) of that Act.
SEC. 8032. (a) Notwithstanding any other provision of law,
the Secretary of the Air Force may convey at no cost to the Air
Force, without consideration, to Indian tribes located in the States
of North Dakota, South Dakota, Montana, and Minnesota
relocatable military housing units located at Grand Forks Air Force
Base and Minot Air Force Base that are excess to the needs of
the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost
to the Air Force, military housing units under subsection (a) in
accordance with the request for such units that are submitted
to the Secretary by the Operation Walking Shield Program on
behalf of Indian tribes located in the States of North Dakota,
South Dakota, Montana, and Minnesota.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units under
subsection (a) before submitting requests to the Secretary of the
Air Force under subsection (b).
(d) In this section, the term ‘‘Indian tribe’’ means any recognized
Indian tribe included on the current list published by the Secretary
of the Interior under section 104 of the Federally Recognized Indian
Tribe Act of 1994 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C.
479a–1).
SEC. 8033. During the current fiscal year, appropriations which
are available to the Department of Defense for operation and
maintenance may be used to purchase items having an investment
item unit cost of not more than $250,000.
SEC. 8034. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense
Working Capital Funds shall be used for the purchase of an investment item for the purpose of acquiring a new inventory item for

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sale or anticipated sale during the current fiscal year or a subsequent fiscal year to customers of the Department of Defense
Working Capital Funds if such an item would not have been chargeable to the Department of Defense Business Operations Fund during
fiscal year 1994 and if the purchase of such an investment item
would be chargeable during the current fiscal year to appropriations
made to the Department of Defense for procurement.
(b) The fiscal year 2010 budget request for the Department
of Defense as well as all justification material and other documentation supporting the fiscal year 2010 Department of Defense budget
shall be prepared and submitted to the Congress on the basis
that any equipment which was classified as an end item and funded
in a procurement appropriation contained in this Act shall be budgeted for in a proposed fiscal year 2010 procurement appropriation
and not in the supply management business area or any other
area or category of the Department of Defense Working Capital
Funds.
SEC. 8035. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain available
for obligation beyond the current fiscal year, except for funds appropriated for the Reserve for Contingencies, which shall remain available until September 30, 2010: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior
or subsequent fiscal year shall remain available until expended:
Provided further, That any funds appropriated or transferred to
the Central Intelligence Agency for advanced research and development acquisition, for agent operations, and for covert action programs authorized by the President under section 503 of the National
Security Act of 1947, as amended, shall remain available until
September 30, 2010.
SEC. 8036. Notwithstanding any other provision of law, funds
made available in this Act for the Defense Intelligence Agency
may be used for the design, development, and deployment of General Defense Intelligence Program intelligence communications and
intelligence information systems for the Services, the Unified and
Specified Commands, and the component commands.
SEC. 8037. Of the funds appropriated to the Department of
Defense under the heading ‘‘Operation and Maintenance, DefenseWide’’, not less than $12,000,000 shall be made available only
for the mitigation of environmental impacts, including training
and technical assistance to tribes, related administrative support,
the gathering of information, documenting of environmental damage, and developing a system for prioritization of mitigation and
cost to complete estimates for mitigation, on Indian lands resulting
from Department of Defense activities.
SEC. 8038. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense unless
the entity, in expending the funds, complies with the Buy American
Act. For purposes of this subsection, the term ‘‘Buy American Act’’
means title III of the Act entitled ‘‘An Act making appropriations
for the Treasury and Post Office Departments for the fiscal year
ending June 30, 1934, and for other purposes’’, approved March
3, 1933 (41 U.S.C. 10a et seq.).
(b) If the Secretary of Defense determines that a person has
been convicted of intentionally affixing a label bearing a ‘‘Made
in America’’ inscription to any product sold in or shipped to the

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50 USC
403u note.

Labeling.
Fraud.

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United States that is not made in America, the Secretary shall
determine, in accordance with section 2410f of title 10, United
States Code, whether the person should be debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress that any entity of the Department of Defense, in expending
the appropriation, purchase only American-made equipment and
products, provided that American-made equipment and products
are cost-competitive, quality-competitive, and available in a timely
fashion.
SEC. 8039. None of the funds appropriated by this Act shall
be available for a contract for studies, analysis, or consulting services entered into without competition on the basis of an unsolicited
proposal unless the head of the activity responsible for the procurement determines—
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an unsolicited
proposal which offers significant scientific or technological
promise, represents the product of original thinking, and was
submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a specific
concern, or to insure that a new product or idea of a specific
concern is given financial support: Provided, That this limitation shall not apply to contracts in an amount of less than
$25,000, contracts related to improvements of equipment that
is in development or production, or contracts as to which a
civilian official of the Department of Defense, who has been
confirmed by the Senate, determines that the award of such
contract is in the interest of the national defense.
SEC. 8040. (a) Except as provided in subsections (b) and (c),
none of the funds made available by this Act may be used—
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces
or civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee’s place of duty remains at the location of that headquarters.
(b) The Secretary of Defense or Secretary of a military department may waive the limitations in subsection (a), on a case-bycase basis, if the Secretary determines, and certifies to the Committees on Appropriations of the House of Representatives and Senate
that the granting of the waiver will reduce the personnel requirements or the financial requirements of the department.
(c) This section does not apply to—
(1) field operating agencies funded within the National
Intelligence Program; or
(2) an Army field operating agency established to eliminate,
mitigate, or counter the effects of improvised explosive devices,
and, as determined by the Secretary of the Army, other similar
threats.
SEC. 8041. The Secretary of Defense, notwithstanding any other
provision of law, acting through the Office of Economic Adjustment
of the Department of Defense, may use funds made available in
this Act under the heading ‘‘Operation and Maintenance, Defense-

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Wide’’ to make grants and supplement other Federal funds in
accordance with the guidance provided in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).

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(RESCISSIONS)
SEC. 8042. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from
the following accounts and programs in the specified amounts:
‘‘Aircraft Procurement, Army’’, 2008/2010, $174,600,000;
‘‘Procurement
of
Ammunition,
Army’’,
2008/2010,
$69,200,000;
‘‘Shipbuilding
and
Conversion,
Navy’’,
2008/2012,
$337,000,000;
‘‘Research, Development, Test and Evaluation, Army’’,
2008/2009, $49,800,000;
‘‘Research, Development, Test and Evaluation, Air Force’’,
2008/2009, $300,073,000;
‘‘Research, Development, Test and Evaluation, DefenseWide’’, 2008/2009, $150,000,000; and
‘‘Tanker Replacement Transfer Fund’’, $239,800,000.
SEC. 8043. None of the funds available in this Act may be
used to reduce the authorized positions for military (civilian) technicians of the Army National Guard, Air National Guard, Army
Reserve and Air Force Reserve for the purpose of applying any
administratively imposed civilian personnel ceiling, freeze, or reduction on military (civilian) technicians, unless such reductions are
a direct result of a reduction in military force structure.
SEC. 8044. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance
to the Democratic People’s Republic of Korea unless specifically
appropriated for that purpose.
SEC. 8045. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands
and Defense Agencies shall be available for reimbursement of pay,
allowances and other expenses which would otherwise be incurred
against appropriations for the National Guard and Reserve when
members of the National Guard and Reserve provide intelligence
or counterintelligence support to Combatant Commands, Defense
Agencies and Joint Intelligence Activities, including the activities
and programs included within the National Intelligence Program
and the Military Intelligence Program: Provided, That nothing in
this section authorizes deviation from established Reserve and
National Guard personnel and training procedures.
SEC. 8046. During the current fiscal year, none of the funds
appropriated in this Act may be used to reduce the civilian medical
and medical support personnel assigned to military treatment facilities below the September 30, 2003, level: Provided, That the Service
Surgeons General may waive this section by certifying to the
congressional defense committees that the beneficiary population
is declining in some catchment areas and civilian strength reductions may be consistent with responsible resource stewardship and
capitation-based budgeting.
SEC. 8047. (a) None of the funds available to the Department
of Defense for any fiscal year for drug interdiction or counterdrug activities may be transferred to any other department or

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North Korea.

Waiver authority.
Certification.

10 USC 374 note.

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122 STAT. 3632

50 USC 403f
note.

Ball bearings.
Waiver authority.
Certification.

Applicability.

Certification.

Notification.
Deadline.

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Applicability.

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PUBLIC LAW 110–329—SEPT. 30, 2008

agency of the United States except as specifically provided in an
appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction and counter-drug
activities may be transferred to any other department or agency
of the United States except as specifically provided in an appropriations law.
SEC. 8048. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other than
those produced by a domestic source and of domestic origin: Provided, That the Secretary of the military department responsible
for such procurement may waive this restriction on a case-bycase basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate, that adequate
domestic supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition must
be made in order to acquire capability for national security purposes: Provided further, That this restriction shall not apply to
the purchase of ‘‘commercial items’’, as defined by section 4(12)
of the Office of Federal Procurement Policy Act, except that the
restriction shall apply to ball or roller bearings purchased as end
items.
SEC. 8049. None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the
United States, unless the Secretary of Defense certifies to the
congressional defense committees that such an acquisition must
be made in order to acquire capability for national security purposes
that is not available from United States manufacturers.
SEC. 8050. None of the funds made available in this or any
other Act may be used to pay the salary of any officer or employee
of the Department of Defense who approves or implements the
transfer of administrative responsibilities or budgetary resources
of any program, project, or activity financed by this Act to the
jurisdiction of another Federal agency not financed by this Act
without the express authorization of Congress: Provided, That this
limitation shall not apply to transfers of funds expressly provided
for in Defense Appropriations Acts, or provisions of Acts providing
supplemental appropriations for the Department of Defense.
SEC. 8051. (a) Notwithstanding any other provision of law,
none of the funds available to the Department of Defense for the
current fiscal year may be obligated or expended to transfer to
another nation or an international organization any defense articles
or services (other than intelligence services) for use in the activities
described in subsection (b) unless the congressional defense committees, the Committee on International Relations of the House of
Representatives, and the Committee on Foreign Relations of the
Senate are notified 15 days in advance of such transfer.
(b) This section applies to—
(1) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII
of the United Nations Charter under the authority of a United
Nations Security Council resolution; and
(2) any other international peacekeeping, peace-enforcement, or humanitarian assistance operation.
(c) A notice under subsection (a) shall include the following—
(1) A description of the equipment, supplies, or services
to be transferred.

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122 STAT. 3633

(2) A statement of the value of the equipment, supplies,
or services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies—
(A) a statement of whether the inventory requirements
of all elements of the Armed Forces (including the reserve
components) for the type of equipment or supplies to be
transferred have been met; and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how the
President proposes to provide funds for such replacement.
SEC. 8052. None of the funds available to the Department
of Defense under this Act shall be obligated or expended to pay
a contractor under a contract with the Department of Defense
for costs of any amount paid by the contractor to an employee
when—
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee;
and
(2) such bonus is part of restructuring costs associated
with a business combination.

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(INCLUDING

Contracts.

TRANSFER OF FUNDS)

SEC. 8053. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the heading
‘‘Operation and Maintenance, Defense-Wide’’ may be transferred
to appropriations available for the pay of military personnel, to
be merged with, and to be available for the same time period
as the appropriations to which transferred, to be used in support
of such personnel in connection with support and services for eligible
organizations and activities outside the Department of Defense
pursuant to section 2012 of title 10, United States Code.
SEC. 8054. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the
period of availability for obligation has expired or which has closed
under the provisions of section 1552 of title 31, United States
Code, and which has a negative unliquidated or unexpended balance, an obligation or an adjustment of an obligation may be
charged to any current appropriation account for the same purpose
as the expired or closed account if—
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of
Defense; and
(3) in the case of an expired account, the obligation is
not chargeable to a current appropriation of the Department
of Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991, Public
Law 101–510, as amended (31 U.S.C. 1551 note): Provided,
That in the case of an expired account, if subsequent review
or investigation discloses that there was not in fact a negative
unliquidated or unexpended balance in the account, any charge
to a current account under the authority of this section shall
be reversed and recorded against the expired account: Provided

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122 STAT. 3634

Germany.

Waiver authority.
Certification.

Medical supplies
and equipment.
American Samoa.
Native
Americans.
10 USC 2241
note.

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Contracts.

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further, That the total amount charged to a current appropriation under this section may not exceed an amount equal to
1 percent of the total appropriation for that account.
SEC. 8055. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by
any person or entity on a space-available, reimbursable basis. The
Chief of the National Guard Bureau shall establish the amount
of reimbursement for such use on a case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited
to funds available for the National Guard Distance Learning Project
and be available to defray the costs associated with the use of
equipment of the project under that subsection. Such funds shall
be available for such purposes without fiscal year limitation.
SEC. 8056. Using funds available by this Act or any other
Act, the Secretary of the Air Force, pursuant to a determination
under section 2690 of title 10, United States Code, may implement
cost-effective agreements for required heating facility modernization
in the Kaiserslautern Military Community in the Federal Republic
of Germany: Provided, That in the City of Kaiserslautern such
agreements will include the use of United States anthracite as
the base load energy for municipal district heat to the United
States Defense installations: Provided further, That at Landstuhl
Army Regional Medical Center and Ramstein Air Base, furnished
heat may be obtained from private, regional or municipal services,
if provisions are included for the consideration of United States
coal as an energy source.
SEC. 8057. None of the funds appropriated in title IV of this
Act may be used to procure end-items for delivery to military
forces for operational training, operational use or inventory requirements: Provided, That this restriction does not apply to end-items
used in development, prototyping, and test activities preceding and
leading to acceptance for operational use: Provided further, That
this restriction does not apply to programs funded within the
National Intelligence Program: Provided further, That the Secretary
of Defense may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the
House of Representatives and the Senate that it is in the national
security interest to do so.
SEC. 8058. Notwithstanding any other provision of law, funds
available to the Department of Defense in this Act, and hereafter,
shall be made available to provide transportation of medical supplies and equipment, on a nonreimbursable basis, to American
Samoa, and funds available to the Department of Defense shall
be made available to provide transportation of medical supplies
and equipment, on a nonreimbursable basis, to the Indian Health
Service when it is in conjunction with a civil-military project.
SEC. 8059. None of the funds made available in this Act may
be used to approve or license the sale of the F–22A advanced
tactical fighter to any foreign government.
SEC. 8060. (a) The Secretary of Defense may, on a case-bycase basis, waive with respect to a foreign country each limitation
on the procurement of defense items from foreign sources provided
in law if the Secretary determines that the application of the
limitation with respect to that country would invalidate cooperative
programs entered into between the Department of Defense and
the foreign country, or would invalidate reciprocal trade agreements

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122 STAT. 3635

for the procurement of defense items entered into under section
2531 of title 10, United States Code, and the country does not
discriminate against the same or similar defense items produced
in the United States for that country.
(b) Subsection (a) applies with respect to—
(1) contracts and subcontracts entered into on or after
the date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under subsection
(a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section 11 (chapters
50–65) of the Harmonized Tariff Schedule and products classified
under headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019,
7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through
7508, 8105, 8108, 8109, 8211, 8215, and 9404.
SEC. 8061. (a) None of the funds made available by this Act
may be used to support any training program involving a unit
of the security forces of a foreign country if the Secretary of Defense
has received credible information from the Department of State
that the unit has committed a gross violation of human rights,
unless all necessary corrective steps have been taken.
(b) The Secretary of Defense, in consultation with the Secretary
of State, shall ensure that prior to a decision to conduct any training
program referred to in subsection (a), full consideration is given
to all credible information available to the Department of State
relating to human rights violations by foreign security forces.
(c) The Secretary of Defense, after consultation with the Secretary of State, may waive the prohibition in subsection (a) if
he determines that such waiver is required by extraordinary circumstances.
(d) Not more than 15 days after the exercise of any waiver
under subsection (c), the Secretary of Defense shall submit a report
to the congressional defense committees describing the extraordinary circumstances, the purpose and duration of the training
program, the United States forces and the foreign security forces
involved in the training program, and the information relating
to human rights violations that necessitates the waiver.
SEC. 8062. None of the funds appropriated or made available
in this Act to the Department of the Navy shall be used to develop,
lease or procure the T-AKE class of ships unless the main propulsion
diesel engines and propulsors are manufactured in the United
States by a domestically operated entity: Provided, That the Secretary of Defense may waive this restriction on a case-by-case
basis by certifying in writing to the Committees on Appropriations
of the House of Representatives and the Senate that adequate
domestic supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition must
be made in order to acquire capability for national security purposes
or there exists a significant cost or quality difference.
SEC. 8063. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations
Acts may be obligated or expended for the purpose of performing
repairs or maintenance to military family housing units of the

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Applicability.

Human rights.

Waiver authority.

Deadline.
Reports.

Waiver authority.
Certification.

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122 STAT. 3636

Reports.

Waiver authority.
Certification.
Classified
information.
Reports.
Deadline.

Waiver authority.
Certification.

Ammunition.

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Waiver authority.

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PUBLIC LAW 110–329—SEPT. 30, 2008

Department of Defense, including areas in such military family
housing units that may be used for the purpose of conducting
official Department of Defense business.
SEC. 8064. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ‘‘Research, Development,
Test and Evaluation, Defense-Wide’’ for any new start advanced
concept technology demonstration project or joint capability demonstration project may only be obligated 30 days after a report,
including a description of the project, the planned acquisition and
transition strategy and its estimated annual and total cost, has
been provided in writing to the congressional defense committees:
Provided, That the Secretary of Defense may waive this restriction
on a case-by-case basis by certifying to the congressional defense
committees that it is in the national interest to do so.
SEC. 8065. The Secretary of Defense shall provide a classified
quarterly report beginning 30 days after enactment of this Act,
to the House and Senate Appropriations Committees, Subcommittees on Defense on certain matters as directed in the classified
annex accompanying this Act.
SEC. 8066. During the current fiscal year, none of the funds
available to the Department of Defense may be used to provide
support to another department or agency of the United States
if such department or agency is more than 90 days in arrears
in making payment to the Department of Defense for goods or
services previously provided to such department or agency on a
reimbursable basis: Provided, That this restriction shall not apply
if the department is authorized by law to provide support to such
department or agency on a nonreimbursable basis, and is providing
the requested support pursuant to such authority: Provided further,
That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate
that it is in the national security interest to do so.
SEC. 8067. Notwithstanding section 12310(b) of title 10, United
States Code, a Reserve who is a member of the National Guard
serving on full-time National Guard duty under section 502(f) of
title 32, United States Code, may perform duties in support of
the ground-based elements of the National Ballistic Missile Defense
System.
SEC. 8068. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition held
by the Department of Defense that has a center-fire cartridge
and a United States military nomenclature designation of ‘‘armor
penetrator’’, ‘‘armor piercing (AP)’’, ‘‘armor piercing incendiary
(API)’’, or ‘‘armor-piercing incendiary-tracer (API–T)’’, except to an
entity performing demilitarization services for the Department of
Defense under a contract that requires the entity to demonstrate
to the satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by the demilitarization process; or (2) used to manufacture ammunition pursuant
to a contract with the Department of Defense or the manufacture
of ammunition for export pursuant to a License for Permanent
Export of Unclassified Military Articles issued by the Department
of State.
SEC. 8069. Notwithstanding any other provision of law, the
Chief of the National Guard Bureau, or his designee, may waive
payment of all or part of the consideration that otherwise would

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PUBLIC LAW 110–329—SEPT. 30, 2008

122 STAT. 3637

be required under section 2667 of title 10, United States Code,
in the case of a lease of personal property for a period not in
excess of 1 year to any organization specified in section 508(d)
of title 32, United States Code, or any other youth, social, or
fraternal nonprofit organization as may be approved by the Chief
of the National Guard Bureau, or his designee, on a case-by-case
basis.
SEC. 8070. None of the funds appropriated by this Act shall
be used for the support of any nonappropriated funds activity
of the Department of Defense that procures malt beverages and
wine with nonappropriated funds for resale (including such alcoholic
beverages sold by the drink) on a military installation located
in the United States unless such malt beverages and wine are
procured within that State, or in the case of the District of
Columbia, within the District of Columbia, in which the military
installation is located: Provided, That in a case in which the military
installation is located in more than one State, purchases may be
made in any State in which the installation is located: Provided
further, That such local procurement requirements for malt beverages and wine shall apply to all alcoholic beverages only for
military installations in States which are not contiguous with
another State: Provided further, That alcoholic beverages other
than wine and malt beverages, in contiguous States and the District
of Columbia shall be procured from the most competitive source,
price and other factors considered.
SEC. 8071. Funds available to the Department of Defense for
the Global Positioning System during the current fiscal year may
be used to fund civil requirements associated with the satellite
and ground control segments of such system’s modernization program.

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TRANSFER OF FUNDS)

SEC. 8072. Of the amounts appropriated in this Act under
the heading ‘‘Operation and Maintenance, Army’’, $47,700,000 shall
remain available until expended: Provided, That notwithstanding
any other provision of law, the Secretary of Defense is authorized
to transfer such funds to other activities of the Federal Government:
Provided further, That the Secretary of Defense is authorized to
enter into and carry out contracts for the acquisition of real property, construction, personal services, and operations related to
projects carrying out the purposes of this section: Provided further,
That contracts entered into under the authority of this section
may provide for such indemnification as the Secretary determines
to be necessary: Provided further, That projects authorized by this
section shall comply with applicable Federal, State, and local law
to the maximum extent consistent with the national security, as
determined by the Secretary of Defense.
SEC. 8073. Section 8106 of the Department of Defense Appropriations Act, 1997 (titles I through VIII of the matter under
subsection 101(b) of Public Law 104–208; 110 Stat. 3009–111; 10
U.S.C. 113 note) shall continue in effect to apply to disbursements
that are made by the Department of Defense in fiscal year 2009.
SEC. 8074. In addition to amounts provided elsewhere in this
Act, $8,000,000 is hereby appropriated to the Department of
Defense, to remain available for obligation until expended: Provided,
That notwithstanding any other provision of law, these funds shall
be available only for a grant to the Fisher House Foundation,

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Alcohol and
alcoholic
beverages.
State and local
governments.
District of
Columbia.

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Contracts.
Real property.

Applicability.
10 USC 113 note.

Grants.
Fisher House
Foundation, Inc.

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122 STAT. 3638

10 USC 2571
note.

Native
Americans.
Government
property.

PUBLIC LAW 110–329—SEPT. 30, 2008

Inc., only for the construction and furnishing of additional Fisher
Houses to meet the needs of military family members when confronted with the illness or hospitalization of an eligible military
beneficiary.
SEC. 8075. (a) During the current fiscal year and hereafter,
the Secretary of Defense, in coordination with the Secretary of
Health and Human Services, may carry out a program to distribute
surplus dental and medical equipment of the Department of
Defense, at no cost to the Department of Defense, to Indian Health
Service facilities and to federally-qualified health centers (within
the meaning of section 1905(l)(2)(B) of the Social Security Act
(42 U.S.C. 1396d(l)(2)(B))).
(b) In carrying out this provision, the Secretary of Defense
shall give the Indian Health Service a property disposal priority
equal to the priority given to the Department of Defense and
its twelve special screening programs in distribution of surplus
dental and medical supplies and equipment.
(INCLUDING

TRANSFER OF FUNDS)

SEC. 8076. Of the amounts appropriated in this Act under
the heading ‘‘Research, Development, Test and Evaluation, DefenseWide’’, $177,237,000 shall be for the Israeli Cooperative Programs:
Provided, That of this amount, $72,895,000 shall be for the Short
Range Ballistic Missile Defense (SRBMD) program, $30,000,000
shall be available for an upper-tier component to the Israeli Missile
Defense Architecture, and $74,342,000 shall be for the Arrow Missile Defense Program, of which $13,076,000 shall be for producing
Arrow missile components in the United States and Arrow missile
components in Israel to meet Israel’s defense requirements, consistent with each nation’s laws, regulations and procedures: Provided further, That funds made available under this provision for
production of missiles and missile components may be transferred
to appropriations available for the procurement of weapons and
equipment, to be merged with and to be available for the same
time period and the same purposes as the appropriation to which
transferred: Provided further, That the transfer authority provided
under this provision is in addition to any other transfer authority
contained in this Act.

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(INCLUDING

TRANSFER OF FUNDS)

SEC. 8077. Of the amounts appropriated in this Act under
the heading ‘‘Shipbuilding and Conversion, Navy’’, $165,152,000
shall be available until September 30, 2009, to fund prior year
shipbuilding cost increases: Provided, That upon enactment of this
Act, the Secretary of the Navy shall transfer such funds to the
following appropriations in the amounts specified: Provided further,
That the amounts transferred shall be merged with and be available
for the same purposes as the appropriations to which transferred:
To:
Under the heading ‘‘Shipbuilding and Conversion, Navy, 2001/
2009’’:
Carrier Replacement Program, $20,516,000;
Under the heading ‘‘Shipbuilding and Conversion, Navy, 2002/
2009’’:
New SSN, $21,000,000;

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122 STAT. 3639

Under the heading ‘‘Shipbuilding and Conversion, Navy, 2003/
2009’’:
LPD–17 Amphibious Transport Dock Program, $33,082,000;
Under the heading ‘‘Shipbuilding and Conversion, Navy, 2004/
2009’’:
New SSN, $60,000,000;
Under the heading ‘‘Shipbuilding and Conversion, Navy, 2007/
2011’’:
LHA Replacement Program, $14,310,000; and
Under the heading ‘‘Shipbuilding and Conversion, Navy, 2008/
2012’’:
SSBN Submarine Refuelings, $16,244,000.
SEC. 8078. None of the funds available to the Department
of Defense may be obligated to modify command and control relationships to give Fleet Forces Command administrative and operational control of U.S. Navy forces assigned to the Pacific fleet:
Provided, That the command and control relationships which
existed on October 1, 2004, shall remain in force unless changes
are specifically authorized in a subsequent Act.
SEC. 8079. Notwithstanding any other provision of law or regulation, the Secretary of Defense may exercise the provisions of
section 7403(g) of title 38, United States Code, for occupations
listed in section 7403(a)(2) of title 38, United States Code, as
well as the following:
Pharmacists, Audiologists, Psychologists, Social Workers,
Othotists/Prosthetists, Occupational Therapists, Physical
Therapists, Rehabilitation Therapists, Respiratory Therapists,
Speech Pathologists, Dietitian/Nutritionists, Industrial Hygienists, Psychology Technicians, Social Service Assistants, Practical Nurses, Nursing Assistants, and Dental Hygienists:
(A) The requirements of section 7403(g)(1)(A) of title
38, United States Code, shall apply.
(B) The limitations of section 7403(g)(1)(B) of title 38,
United States Code, shall not apply.
SEC. 8080. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for intelligence activities are
deemed to be specifically authorized by the Congress for purposes
of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2009 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2009.
SEC. 8081. None of the funds provided in this Act shall be
available for obligation or expenditure through a reprogramming
of funds that creates or initiates a new program, project, or activity
unless such program, project, or activity must be undertaken immediately in the interest of national security and only after written
prior notification to the congressional defense committees.
SEC. 8082. (a) In addition to the amounts provided elsewhere
in this Act, $3,000,000 is hereby appropriated to the Department
of Defense for ‘‘Operation and Maintenance, Army National Guard’’.
Such amount shall be made available to the Secretary of the Army
only to make a grant in the amount of $3,000,000 to the entity
specified in subsection (b) to facilitate access by veterans to
opportunities for skilled employment in the construction industry.
(b) The entity referred to in subsection (a) is the Center for
Military Recruitment, Assessment and Veterans Employment, a
nonprofit labor-management cooperation committee provided for by
section 302(c)(9) of the Labor-Management Relations Act, 1947 (29

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Applicability.

Notification.

Grants.

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PUBLIC LAW 110–329—SEPT. 30, 2008

U.S.C. 186(c)(9)), for the purposes set forth in section 6(b) of the
Labor Management Cooperation Act of 1978 (29 U.S.C. 175a note).
SEC. 8083. In addition to funds made available elsewhere in
this Act, $5,500,000 is hereby appropriated and shall remain available until expended to provide assistance, by grant or otherwise
(such as, but not limited to, the provision of funds for repairs,
maintenance, construction, and/or for the purchase of information
technology, text books, teaching resources), to public schools that
have unusually high concentrations of special needs military
dependents enrolled: Provided, That in selecting school systems
to receive such assistance, special consideration shall be given to
school systems in States that are considered overseas assignments,
and all schools within these school systems shall be eligible for
assistance: Provided further, That up to 2 percent of the total
appropriated funds under this section shall be available to support
the administration and execution of the funds or program and/
or events that promote the purpose of this appropriation (e.g. payment of travel and per diem of school teachers attending conferences
or a meeting that promotes the purpose of this appropriation and/
or consultant fees for on-site training of teachers, staff, or Joint
Venture Education Forum (JVEF) Committee members): Provided
further, That up to $300,000 shall be available to examine human
capital, family and quality of life issues relating to military presence
in Hawaii: Provided further, That up to $2,000,000 shall be available
for the Department of Defense to establish a nonprofit trust fund
to assist in the public-private funding of public school repair and
maintenance projects, or provide directly to nonprofit organizations
who in return will use these monies to provide assistance in the
form of repair, maintenance, or renovation to public school systems
that have high concentrations of special needs military dependents
and are located in States that are considered overseas assignments:
Provided further, That to the extent a Federal agency provides
this assistance, by contract, grant, or otherwise, it may accept
and expend non-Federal funds in combination with these Federal
funds to provide assistance for the authorized purpose, if the nonFederal entity requests such assistance and the non-Federal funds
are provided on a reimbursable basis.
SEC. 8084. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $112,400,000 is hereby appropriated to the Department of Defense: Provided, That the Secretary
of Defense shall make grants in the amounts specified as follows:
$20,000,000 to the United Service Organizations; $30,000,000 to
the Red Cross; $15,000,000 for the Waterbury Industrial Commons
Redevelopment Project; $4,750,000 for the SOAR Virtual School
District; $1,750,000 to The Presidio Trust; $5,000,000 to the STEM
Education Research Center; $10,000,000 to the Intrepid Museum
Foundation; $4,000,000 to the Go For Broke National Education
Center; $9,900,000 to the U.S.S. Missouri Memorial Association;
$4,000,000 to the Nimitz Center; $3,000,000 to Special Olympics
International; and $5,000,000 to the Paralympics Military Program.
SEC. 8085. The Department of Defense and the Department
of the Army shall make future budgetary and programming plans
to fully finance the Non-Line of Sight Future Force cannon (NLOS–
C) and a compatible large caliber ammunition resupply capability
for this system supported by the Future Combat Systems (FCS)
Brigade Combat Team (BCT) in order to field this system in fiscal
year 2010: Provided, That the Army shall develop the NLOS–

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122 STAT. 3641

C independent of the broader FCS development timeline to achieve
fielding by fiscal year 2010. In addition, the Army will deliver
five pre-production NLOS–C systems by the end of calendar year
2008 and three pre-production NLOS–C systems by the end of
calendar year 2009. These systems shall be in addition to those
systems necessary for developmental and operational testing.
SEC. 8086. The budget of the President for fiscal year 2010
submitted to the Congress pursuant to section 1105 of title 31,
United States Code, shall include separate budget justification documents for costs of United States Armed Forces’ participation in
contingency operations for the Military Personnel accounts, the
Operation and Maintenance accounts, and the Procurement
accounts: Provided, That these documents shall include a description of the funding requested for each contingency operation, for
each military service, to include all Active and Reserve components,
and for each appropriations account: Provided further, That these
documents shall include estimated costs for each element of expense
or object class, a reconciliation of increases and decreases for each
contingency operation, and programmatic data including, but not
limited to, troop strength for each Active and Reserve component,
and estimates of the major weapons systems deployed in support
of each contingency: Provided further, That these documents shall
include budget exhibits OP–5 and OP–32 (as defined in the Department of Defense Financial Management Regulation) for all contingency operations for the budget year and the two preceding fiscal
years.
SEC. 8087. None of the funds in this Act may be used for
research, development, test, evaluation, procurement or deployment
of nuclear armed interceptors of a missile defense system.
SEC. 8088. Up to $2,500,000 of the funds appropriated under
the heading ‘‘Operation and Maintenance, Navy’’ in this Act for
the Pacific Missile Range Facility may be made available to contract
for the repair, maintenance, and operation of adjacent off-base
water, drainage, and flood control systems, electrical upgrade to
support additional missions critical to base operations, and support
for a range footprint expansion to further guard against encroachment.
SEC. 8089. None of the funds appropriated or made available
in this Act shall be used to reduce or disestablish the operation
of the 53rd Weather Reconnaissance Squadron of the Air Force
Reserve, if such action would reduce the WC–130 Weather Reconnaissance mission below the levels funded in this Act: Provided,
That the Air Force shall allow the 53rd Weather Reconnaissance
Squadron to perform other missions in support of national defense
requirements during the non-hurricane season.
SEC. 8090. None of the funds provided in this Act shall be
available for integration of foreign intelligence information unless
the information has been lawfully collected and processed during
the conduct of authorized foreign intelligence activities: Provided,
That information pertaining to United States persons shall only
be handled in accordance with protections provided in the Fourth
Amendment of the United States Constitution as implemented
through Executive Order No. 12333.
SEC. 8091. (a) At the time members of reserve components
of the Armed Forces are called or ordered to active duty under
section 12302(a) of title 10, United States Code, each member

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Federal budget.
10 USC 221 note.

Notification.
Deployment.

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Waiver authority.

PUBLIC LAW 110–329—SEPT. 30, 2008

shall be notified in writing of the expected period during which
the member will be mobilized.
(b) The Secretary of Defense may waive the requirements of
subsection (a) in any case in which the Secretary determines that
it is necessary to do so to respond to a national security emergency
or to meet dire operational requirements of the Armed Forces.
(INCLUDING

Notification.
Deadline.

Contracts.
Deadline.
Certification.

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10 USC 1073
note.

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TRANSFER OF FUNDS)

SEC. 8092. The Secretary of Defense may transfer funds from
any available Department of the Navy appropriation to any available Navy ship construction appropriation for the purpose of liquidating necessary changes resulting from inflation, market fluctuations, or rate adjustments for any ship construction program appropriated in law: Provided, That the Secretary may transfer not
to exceed $100,000,000 under the authority provided by this section:
Provided further, That the Secretary may not transfer any funds
until 30 days after the proposed transfer has been reported to
the Committees on Appropriations of the House of Representatives
and the Senate, unless a response from the Committees is received
sooner: Provided further, That the transfer authority provided by
this section is in addition to any other transfer authority contained
elsewhere in this Act.
SEC. 8093. For purposes of section 612 of title 41, United
States Code, any subdivision of appropriations made under the
heading ‘‘Shipbuilding and Conversion, Navy’’ that is not closed
at the time reimbursement is made shall be available to reimburse
the Judgment Fund and shall be considered for the same purposes
as any subdivision under the heading ‘‘Shipbuilding and Conversion,
Navy’’ appropriations in the current fiscal year or any prior fiscal
year.
SEC. 8094. (a) None of the funds appropriated by this Act
may be used to transfer research and development, acquisition,
or other program authority relating to current tactical unmanned
aerial vehicles (TUAVs) from the Army.
(b) The Army shall retain responsibility for and operational
control of the MQ–1C Sky Warrior Unmanned Aerial Vehicle (UAV)
in order to support the Secretary of Defense in matters relating
to the employment of unmanned aerial vehicles.
(c) None of the funds appropriated by this Act may be used
to institute an inter-Service common contract for acquisition of
MQ–1 or MQ–1C UAVs until 30 days after the Secretary of Defense
certifies to the congressional defense committees that a common
contract would achieve cost savings, be interoperable with, and
not create undue sustainment costs compared to the current fleet.
SEC. 8095. None of the funds appropriated by this Act, and
hereafter, available for the Civilian Health and Medical Program
of the Uniformed Services (CHAMPUS) or TRICARE shall be available for the reimbursement of any health care provider for inpatient
mental health service for care received when a patient is referred
to a provider of inpatient mental health care or residential treatment care by a medical or health care professional having an
economic interest in the facility to which the patient is referred:
Provided, That this limitation does not apply in the case of inpatient
mental health services provided under the program for persons
with disabilities under subsection (d) of section 1079 of title 10,
United States Code, provided as partial hospital care, or provided
pursuant to a waiver authorized by the Secretary of Defense because

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122 STAT. 3643

of medical or psychological circumstances of the patient that are
confirmed by a health professional who is not a Federal employee
after a review, pursuant to rules prescribed by the Secretary, which
takes into account the appropriate level of care for the patient,
the intensity of services required by the patient, and the availability
of that care.
SEC. 8096. Of the funds provided in this Act, $10,000,000
shall be available for the operations and development of training
and technology for the Joint Interagency Training and Education
Center and the affiliated Center for National Response at the
Memorial Tunnel and for providing homeland defense/security and
traditional warfighting training to the Department of Defense, other
Federal agencies, and State and local first responder personnel
at the Joint Interagency Training and Education Center.
SEC. 8097. Notwithstanding any other provision of law or regulation, the Secretary of Defense may adjust wage rates for civilian
employees hired for certain health care occupations as authorized
for the Secretary of Veterans Affairs by section 7455 of title 38,
United States Code.
SEC. 8098. The authority to conduct a continuing cooperative
program in the proviso in title II of Public Law 102–368 under
the heading ‘‘Research, Development, Test and Evaluation, Defense
Agencies’’ (106 Stat. 1121) shall be extended through September
30, 2009 and hereafter, in cooperation with NELHA.
SEC. 8099. Up to $15,000,000 of the funds appropriated under
the heading, ‘‘Operation and Maintenance, Navy’’ may be made
available for the Asia Pacific Regional Initiative Program for the
purpose of enabling the Pacific Command to execute Theater Security Cooperation activities such as humanitarian assistance, and
payment of incremental and personnel costs of training and exercising with foreign security forces: Provided, That funds made available for this purpose may be used, notwithstanding any other
funding authorities for humanitarian assistance, security assistance
or combined exercise expenses: Provided further, That funds may
not be obligated to provide assistance to any foreign country that
is otherwise prohibited from receiving such type of assistance under
any other provision of law.
SEC. 8100. None of the funds appropriated by this Act for
programs of the Office of the Director of National Intelligence
shall remain available for obligation beyond the current fiscal year,
except for funds appropriated for research and technology, which
shall remain available until September 30, 2010.
SEC. 8101. Notwithstanding any other provision of this Act,
to reflect savings from revised economic assumptions, the total
amount appropriated in title II of this Act is hereby reduced by
$313,780,000, the total amount appropriated in title III of this
Act is hereby reduced by $298,000,000, and the total amount appropriated in title IV of this Act is hereby reduced by $218,000,000:
Provided, That the Secretary of Defense shall allocate this reduction
proportionally to each budget activity, activity group, subactivity
group, and each program, project, and activity, within each appropriation account.
SEC. 8102. For purposes of section 1553(b) of title 31, United
States Code, any subdivision of appropriations made in this Act
under the heading ‘‘Shipbuilding and Conversion, Navy’’ shall be
considered to be for the same purpose as any subdivision under
the heading ‘‘Shipbuilding and Conversion, Navy’’ appropriations

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Applicability.

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Designation.
10 USC 221 note.

10 USC 2302
note.

Iraq.

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Effective date.
50 USC 415a–2.

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in any prior fiscal year, and the 1 percent limitation shall apply
to the total amount of the appropriation.
SEC. 8103. Notwithstanding any other provision of law, that
not more than 35 percent of funds provided in this Act for environmental remediation may be obligated under indefinite delivery/
indefinite quantity contracts with a total contract value of
$130,000,000 or higher.
SEC. 8104. The Secretary of Defense shall create a major force
program category for space for the Future Years Defense Program
of the Department of Defense. The Secretary of Defense shall designate an official in the Office of the Secretary of Defense to provide
overall supervision of the preparation and justification of program
recommendations and budget proposals to be included in such major
force program category.
SEC. 8105. During the current fiscal year and hereafter, none
of the funds appropriated or otherwise available to the Department
of Defense may be obligated or expended to provide award fees
to any defense contractor contrary to the provisions of section
814 of the National Defense Authorization Act, Fiscal Year 2007
(Public Law 109–364).
SEC. 8106. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or expended
by the United States Government for a purpose as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq.
SEC. 8107. Beginning with the fiscal year 2010 budget request,
the Director of National Intelligence shall include the budget
exhibits identified in paragraphs (1) and (2) as described in the
Department of Defense Financial Management Regulation with the
congressional budget justification books.
(1) For procurement programs requesting more than
$20,000,000 in any fiscal year, the P–1, Procurement Program;
P–5, Cost Analysis; P–5a, Procurement History and Planning;
P–21, Production Schedule; and P–40 Budget Item Justification.
(2) For research, development, test and evaluation projects
requesting more than $10,000,000 in any fiscal year, the R–
1, RDT&E Program; R–2, RDT&E Budget Item Justification;
R–3, RDT&E Project Cost Analysis; and R–4, RDT&E Program
Schedule Profile.
SEC. 8108. None of the funds made available in this Act may
be used in contravention of the following laws enacted or regulations
promulgated to implement the United Nations Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (done at New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998 (division G of Public Law 105–277; 112
Stat. 2681–822; 8 U.S.C. 1231 note) and regulations prescribed
thereto, including regulations under part 208 of title 8, Code
of Federal Regulations, and part 95 of title 22, Code of Federal
Regulations.

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(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act,
2006 (Public Law 109–148).
SEC. 8109. Notwithstanding any other provision of law, none
of the funds made available in this Act may be used to pay negotiated indirect cost rates on a contract, grant, or cooperative agreement (or similar arrangement) entered into by the Department
of Defense and an entity in excess of 35 percent of the total
cost of the contract, grant, or agreement (or similar arrangement):
Provided, That this limitation shall apply only to contracts, grants,
or cooperative agreements entered into after the date of the enactment of this Act using funds made available in this Act for basic
research.
SEC. 8110. The Secretary of Defense shall maintain on the
homepage of the Internet website of the Department of Defense
a direct link to the Internet website of the Office of Inspector
General of the Department of Defense.
SEC. 8111. (a) Not later than 60 days after enactment of this
Act, the Office of the Director of National Intelligence shall submit
a report to the congressional intelligence committees to establish
the baseline for application of reprogramming and transfer authorities for fiscal year 2009: Provided, That the report shall include—
(1) a table for each appropriation with a separate column
to display the President’s budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National Intelligence
Program in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional intelligence committees, unless the Director of
National Intelligence certifies in writing to the congressional intelligence committees that such reprogramming or transfer is necessary as an emergency requirement.
SEC. 8112. The Director of National Intelligence shall submit
to Congress each year, at or about the time that the President’s
budget is submitted to Congress that year under section 1105(a)
of title 31, United States Code, a future-years intelligence program
(including associated annexes) reflecting the estimated expenditures
and proposed appropriations included in that budget. Any such
future-years intelligence program shall cover the fiscal year with
respect to which the budget is submitted and at least the four
succeeding fiscal years.
SEC. 8113. For the purposes of this Act, the term ‘‘congressional
intelligence committees’’ means the Permanent Select Committee
on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Subcommittee on Defense
of the Committee on Appropriations of the House of Representatives,
and the Subcommittee on Defense of the Committee on Appropriations of the Senate.
SEC. 8114. The Department of Defense shall continue to report
incremental contingency operations costs for Operation Iraqi
Freedom and Operation Enduring Freedom on a monthly basis

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Contracts.
Grants.

Applicability.

Web site.

Deadline.
Reports.

Certification.

Submission.
50 USC 415a–3.

Reports.

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122 STAT. 3646

Pennsylvania.

Designation.

PUBLIC LAW 110–329—SEPT. 30, 2008

in the Cost of War Execution Report as prescribed in the Department of Defense Financial Management Regulation Department
of Defense Instruction 7000.14, Volume 12, Chapter 23 ‘‘Contingency Operations’’, Annex 1, dated September 2005.
SEC. 8115. HORSHAM JOINT INTERAGENCY INSTALLATION.—
(a) ESTABLISHMENT OF INSTALLATION.—The Horsham Joint
Interagency Installation located in Horsham Township, Montgomery
County, Pennsylvania is hereby established. Pursuant to Section
3703 of the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery,
and Iraq Accountability Appropriations Act (121 Stat. 145), at a
time determined by the Secretary of the Navy, or upon completion
of the associated Defense Base Closure and Realignment Commission recommendations, the Secretary of the Navy shall, notwithstanding any other provision of law, transfer to the Secretary of
the Air Force, at no cost, all designated lands, easements, Air
Installation Compatible Use Zones, and facilities at NASJRB Willow
Grove. The airfield at the Horsham Joint Interagency Installation
shall be known as ‘‘Pitcairn-Willow Grove Field’’.
(b) TRANSFER TO COMMONWEALTH OF PENNSYLVANIA.—Notwithstanding any other provision of law, the Secretary of the Air Force
shall convey all of the Navy property transferred to the Air Force,
as well as excess Air Force property at the Willow Grove Air
Reserve Station, to the Commonwealth of Pennsylvania, at no cost,
for operation of the Horsham Joint Interagency Installation so
long as it is used continuously as the Horsham Joint Interagency
Installation. In the event the property is no longer used for the
Horsham Joint Interagency Installation, it shall revert to the
Department of Defense. Installation property conveyed to the
Commonwealth of Pennsylvania may not be reconveyed, but may
be leased, subleased, or licensed by the Commonwealth, for any
agreed upon term, for use by the United States, its agencies or
instrumentalities, at terms agreeable to the United States, or to
State or local government agencies, or other associated users.

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(INCLUDING

TRANSFER OF FUNDS)

SEC. 8116. (a) STOP-LOSS SPECIAL PAY.—In addition to the
amounts appropriated or otherwise made available elsewhere in
this Act, $72,000,000 is hereby appropriated to the Secretary of
Defense to carry out this section. Such amount shall be made
available to the Secretaries of the military departments only to
provide special pay during fiscal year 2009 to members of the
Army, Navy, Air Force, and Marine Corps, including members
of their reserve components who at any time during fiscal year
2009, serve on active duty while the members’ enlistment or period
of obligated service is extended, or whose eligibility for retirement
is suspended, pursuant to section 123 or 12305 of title 10, United
States Code, or any other provision of law (commonly referred
to as a ‘‘stop-loss authority’’) authorizing the President to extend
an enlistment or period of obligated service, or suspend an eligibility
for retirement, of a member of the uniformed services in time
of war or of national emergency declared by Congress or the President.
(b) SPECIAL PAY AMOUNT.—The amount of the special pay paid
under subsection (a) to or on behalf of an eligible member may
not exceed $500 per month for each month or portion of a month
during fiscal year 2009 that the member is retained on active
duty as a result of application of the stop-loss authority.

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(c) IMPLEMENTATION PLAN.—Before obligating or expending any
of the funds made available under subsection (a), the Secretary
of Defense shall submit to the Committees on Appropriations of
the House of Representatives and the Senate a report containing
a plan for the provision of the special pay authorized by this
section.
SEC. 8117. Section 3287 of title 18, United States Code, is
amended—
(1) by inserting ‘‘or Congress has enacted a specific
authorization for the use of the Armed Forces, as described
in section 5(b) of the War Powers Resolution (50 U.S.C.
1544(b)),’’ after ‘‘is at war’’;
(2) by inserting ‘‘or directly connected with or related to
the authorized use of the Armed Forces’’ after ‘‘prosecution
of the war’’;
(3) by striking ‘‘three years’’ and inserting ‘‘5 years’’;
(4) by striking ‘‘proclaimed by the President’’ and inserting
‘‘proclaimed by a Presidential proclamation, with notice to Congress,’’; and
(5) by adding at the end the following: ‘‘For purposes of
applying such definitions in this section, the term ‘war’ includes
a specific authorization for the use of the Armed Forces, as
described in section 5(b) of the War Powers Resolution (50
U.S.C. 1544(b)).’’.
SEC. 8118. INCENTIVES FOR ADDITIONAL DOWNBLENDING OF
HIGHLY ENRICHED URANIUM BY THE RUSSIAN FEDERATION. The
USEC Privatization Act (42 U.S.C. 2297h et seq.) is amended—
(1) in section 3102, by striking ‘‘For purposes’’ and inserting
‘‘Except as provided in section 3112A, for purposes’’; and
(2) by inserting after section 3112 the following:

Reports.

‘‘SEC. 3112A. INCENTIVES FOR ADDITIONAL DOWNBLENDING OF
HIGHLY ENRICHED URANIUM BY THE RUSSIAN FEDERATION.

42 USC
2297h–10a.

42 USC 2297h.

‘‘(a) DEFINITIONS.—In this section:
‘‘(1) COMPLETION OF THE RUSSIAN HEU AGREEMENT.—The
term ‘completion of the Russian HEU Agreement’ means the
importation into the United States from the Russian Federation
pursuant to the Russian HEU Agreement of uranium derived
from the downblending of not less than 500 metric tons of
highly enriched uranium of weapons origin.
‘‘(2) DOWNBLENDING.—The term ‘downblending’ means
processing highly enriched uranium into a uranium product
in any form in which the uranium contains less than 20 percent
uranium-235.
‘‘(3) HIGHLY ENRICHED URANIUM.—The term ‘highly
enriched uranium’ has the meaning given that term in section
3102(4).
‘‘(4) HIGHLY ENRICHED URANIUM OF WEAPONS ORIGIN.—The
term ‘highly enriched uranium of weapons origin’ means highly
enriched uranium that—
‘‘(A) contains 90 percent or more uranium-235; and
‘‘(B) is verified by the Secretary of Energy to be of
weapons origin.
‘‘(5) LOW-ENRICHED URANIUM.—The term ‘low-enriched uranium’ means a uranium product in any form, including uranium
hexafluoride (UF6) and uranium oxide (UO2), in which the

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uranium contains less than 20 percent uranium-235, including
natural uranium, without regard to whether the uranium is
incorporated into fuel rods or complete fuel assemblies.
‘‘(6) RUSSIAN HEU AGREEMENT.—The term ‘Russian HEU
Agreement’ has the meaning given that term in section
3102(11).
‘‘(7) URANIUM-235.—The term ‘uranium-235’ means the isotope 235U.
‘‘(b) STATEMENT OF POLICY.—It is the policy of the United
States to support the continued downblending of highly enriched
uranium of weapons origin in the Russian Federation in order
to protect the essential security interests of the United States
with respect to the nonproliferation of nuclear weapons.
‘‘(c) PROMOTION OF DOWNBLENDING OF RUSSIAN HIGHLY
ENRICHED URANIUM.—
‘‘(1) COMPLETION OF THE RUSSIAN HEU AGREEMENT.—Prior
to the completion of the Russian HEU Agreement, the importation into the United States of low-enriched uranium, including
low-enriched uranium obtained under contracts for separative
work units, that is produced in the Russian Federation and
is not imported pursuant to the Russian HEU Agreement,
may not exceed the following amounts:
‘‘(A) In the 4-year period beginning with calendar year
2008, 16,559 kilograms.
‘‘(B) In calendar year 2012, 24,839 kilograms.
‘‘(C) In calendar year 2013 and each calendar year
thereafter through the calendar year of the completion
of the Russian HEU Agreement, 41,398 kilograms.
‘‘(2) INCENTIVES TO CONTINUE DOWNBLENDING RUSSIAN
HIGHLY ENRICHED URANIUM AFTER THE COMPLETION OF THE
RUSSIAN HEU AGREEMENT.—
‘‘(A) IN GENERAL.—After the completion of the Russian

HEU Agreement, the importation into the United States
of low-enriched uranium, including low-enriched uranium
obtained under contracts for separative work units, that
is produced in the Russian Federation, whether or not
such low-enriched uranium is derived from highly enriched
uranium of weapons origin, may not exceed—
‘‘(i) in calendar year 2014, 485,279 kilograms;
‘‘(ii) in calendar year 2015, 455,142 kilograms;
‘‘(iii) in calendar year 2016, 480,146 kilograms;
‘‘(iv) in calendar year 2017, 490,710 kilograms;
‘‘(v) in calendar year 2018, 492,731 kilograms;
‘‘(vi) in calendar year 2019, 509,058 kilograms;
and
‘‘(vii) in calendar year 2020, 514,754 kilograms.
‘‘(B) ADDITIONAL IMPORTS IN EXCHANGE FOR A COMMIT-

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MENT TO DOWNBLEND AN ADDITIONAL 300 METRIC TONS OF
HIGHLY ENRICHED URANIUM.—
‘‘(i) IN GENERAL.—In addition to the amount

authorized to be imported under subparagraph (A) and
except as provided in clause (ii), if the Russian Federation enters into a bilateral agreement with the United
States under which the Russian Federation agrees to
downblend an additional 300 metric tons of highly
enriched uranium after the completion of the Russian
HEU Agreement, 4 kilograms of low-enriched uranium,

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PUBLIC LAW 110–329—SEPT. 30, 2008

122 STAT. 3649

whether or not such low-enriched uranium is derived
from highly enriched uranium of weapons origin and
including low-enriched uranium obtained under contracts for separative work units, may be imported in
a calendar year for every 1 kilogram of Russian highly
enriched uranium of weapons origin that was
downblended in the preceding calendar year, subject
to the verification of the Secretary of Energy under
paragraph (10).
‘‘(ii) MAXIMUM ANNUAL IMPORTS.—Not more than
120,000 kilograms of low-enriched uranium may be
imported in a calendar year under clause (i).
‘‘(3) EXCEPTIONS.—The import limitations described in
paragraphs (1) and (2) shall not apply to low-enriched uranium
produced in the Russian Federation that is imported into the
United States—
‘‘(A) for use in the initial core of a new nuclear reactor;
‘‘(B) for processing and to be certified for reexportation
and not for consumption in the United States; or
‘‘(C) to be added to the inventory of the Department
of Energy.
‘‘(4) LIMITED WAIVER AUTHORITY.—
‘‘(A) IN GENERAL.—Notwithstanding paragraph (1)(C),
if the completion of the Russian HEU Agreement does
not occur before December 31, 2013, the import limitations
under paragraph (1)(C) shall be waived, and low-enriched
uranium may be imported into the United States in the
quantities specified in paragraph (2) in a calendar year
after 2013, if—
‘‘(i) the Secretary of Energy and the Secretary
of State jointly determine that—
‘‘(I) the failure of the completion of the Russian
HEU Agreement arises from causes beyond the
control and without the fault or negligence of the
Government of the Russian Federation; and
‘‘(II) the Government of the Russian Federation has made reasonable efforts to avoid and mitigate the effects of the failure of the completion
of the Russian HEU Agreement; and
‘‘(ii) the Secretary of Energy and the Secretary
of State jointly notify Congress of, and publish in the
Federal Register, the determination under clause (i)
and the reasons for the determination.
‘‘(B) NOTICE AND WAIT.—A waiver under subparagraph
(A) may not take effect until the date that is 180 days
after the date on which Secretary of Energy and the Secretary of State notify Congress under subparagraph (A)(ii).
‘‘(C) TERMINATION.—A waiver under subparagraph (A)
shall terminate on December 31 of the calendar year with
respect to which the Secretary makes the determination
under subparagraph (A)(i).
‘‘(5) ADJUSTMENTS TO IMPORT LIMITATIONS.—
‘‘(A) IN GENERAL.—The import limitations described
in paragraph (2)(A) are based on the reference data in
the 2005 Market Report on the Global Nuclear Fuel Market
Supply and Demand 2005–2030 of the World Nuclear
Association. In each of calendar years 2016 and 2019, the

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Deadline.

Notification.
Federal Register,
publication.
Effective date.

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122 STAT. 3650

Effective date.

Deadline.
Federal Register,
publication.

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Notification.

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PUBLIC LAW 110–329—SEPT. 30, 2008
Secretary of Commerce shall review the projected demand
for uranium for nuclear reactors in the United States and
adjust the import limitations described in paragraph (2)(A)
to account for changes in such demand in years after the
year in which that report or a subsequent report is published.
‘‘(B) INCENTIVE ADJUSTMENT.—Beginning in the second
calendar year after the calendar year of the completion
of the Russian HEU Agreement, the Secretary of Energy
shall increase or decrease the amount of low-enriched uranium that may be imported in a calendar year under paragraph (2)(B) (including the amount of low-enriched uranium
that may be imported for each kilogram of highly enriched
uranium downblended under paragraph (2)(B)(i)) by a
percentage equal to the percentage increase or decrease,
as the case may be, in the average amount of uranium
loaded into nuclear power reactors in the United States
in the most recent 3-calendar-year period for which data
are available, as reported by the Energy Information
Administration of the Department of Energy, compared
to the average amount of uranium loaded into such reactors
during the 3-calendar-year period beginning on January
1, 2011, as reported by the Energy Information Administration.
‘‘(C) PUBLICATION OF ADJUSTMENTS.—As soon as practicable, but not later than July 31 of each calendar year,
the Secretary of Energy shall publish in the Federal Register the amount of low-enriched uranium that may be
imported in the current calendar year after the adjustments
under subparagraph (B).
‘‘(6) AUTHORITY FOR ADDITIONAL ADJUSTMENT.—In addition
to the adjustment under paragraph (5)(A), the Secretary of
Commerce may adjust the import limitations under paragraph
(2)(A) for a calendar year if the Secretary—
‘‘(A) in consultation with the Secretary of Energy,
determines that the available supply of low-enriched uranium and the available stockpiles of uranium of the Department of Energy are insufficient to meet demand in the
United States in the following calendar year; and
‘‘(B) notifies Congress of the adjustment not less than
45 days before making the adjustment.
‘‘(7) EQUIVALENT QUANTITIES OF LOW-ENRICHED URANIUM
IMPORTS.—
‘‘(A) IN GENERAL.—The import limitations described
in paragraphs (1) and (2) are expressed in terms of uranium
containing 4.4 percent uranium-235 and a tails assay of
0.3 percent.
‘‘(B) ADJUSTMENT FOR OTHER URANIUM.—Imports of
low-enriched uranium under paragraphs (1) and (2),
including low-enriched uranium obtained under contracts
for separative work units, shall count against the import
limitations described in such paragraphs in amounts calculated as the quantity of low-enriched uranium containing
4.4 percent uranium-235 necessary to equal the total
amount of uranium-235 contained in such imports.
‘‘(8) DOWNBLENDING OF OTHER HIGHLY ENRICHED URANIUM.—

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PUBLIC LAW 110–329—SEPT. 30, 2008

122 STAT. 3651

‘‘(A) IN GENERAL.—The downblending of highly
enriched uranium not of weapons origin may be counted
for purposes of paragraph (2)(B), subject to verification
under paragraph (10), if the Secretary of Energy determines
that the highly enriched uranium to be downblended poses
a risk to the national security of the United States.
‘‘(B) EQUIVALENT QUANTITIES OF HIGHLY ENRICHED URANIUM.—For purposes of determining the additional lowenriched uranium imports allowed under paragraph (2)(B),
highly enriched uranium not of weapons origin
downblended pursuant to subparagraph (A) shall count
as downblended highly enriched uranium of weapons origin
in amounts calculated as the quantity of highly enriched
uranium containing 90 percent uranium-235 necessary to
equal the total amount of uranium-235 contained in the
highly enriched uranium not of weapons origin
downblended pursuant to subparagraph (A).
‘‘(9) TERMINATION OF IMPORT RESTRICTIONS.—The provisions of this subsection shall terminate on December 31, 2020.
‘‘(10) TECHNICAL VERIFICATIONS BY SECRETARY OF
ENERGY.—
‘‘(A) IN GENERAL.—The Secretary of Energy shall verify
the origin, quantity, and uranium-235 content of the highly
enriched uranium downblended for purposes of paragraphs
(2)(B) and (8).
‘‘(B) METHODS OF VERIFICATION.—In conducting the
verification required under subparagraph (A), the Secretary
of Energy shall employ the transparency measures and
access provisions agreed to under the Russian HEU Agreement for monitoring the downblending of Russian highly
enriched uranium of weapons origin and such other
methods as the Secretary determines appropriate.
‘‘(11) ENFORCEMENT OF IMPORT LIMITATIONS.—The Secretary of Commerce shall be responsible for enforcing the import
limitations imposed under this subsection and shall enforce
such import limitations in a manner that imposes a minimal
burden on the commercial nuclear industry.
‘‘(12) EFFECT ON OTHER AGREEMENTS.—
‘‘(A) RUSSIAN HEU AGREEMENT.—Nothing in this section
shall be construed to modify the terms of the Russian
HEU Agreement, including the provisions of the Agreement
relating to the amount of low-enriched uranium that may
be imported into the United States.
‘‘(B) OTHER AGREEMENTS.—If a provision of any agreement between the United States and the Russian Federation, other than the Russian HEU Agreement, relating
to the importation of low-enriched uranium, including lowenriched uranium obtained under contracts for separative
work units, into the United States conflicts with a provision
of this section, the provision of this section shall supersede
the provision of the agreement to the extent of the conflict.’’.
SEC. 8119. The amounts appropriated in title II of this Act
are hereby reduced by $859,000,000 to reflect excess cash balances
in Department of Defense Working Capital Funds, as follows:
(1)
From
‘‘Operation
and
Maintenance,
Army’’,
$823,000,000; and

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122 STAT. 3652

PUBLIC LAW 110–329—SEPT. 30, 2008

(2) From ‘‘Operation and Maintenance, Air Force’’,
$36,000,000.
This division may be cited as the ‘‘Department of Defense
Appropriations Act, 2009’’.
Department of
Homeland
Security
Appropriations
Act, 2009.

DIVISION D—DEPARTMENT OF HOMELAND SECURITY
APPROPRIATIONS ACT, 2009
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Department of
Homeland Security for the fiscal year ending September 30, 2009,
and for other purposes, namely:
TITLE I
DEPARTMENTAL MANAGEMENT AND OPERATIONS
OFFICE

Deadlines.
Reports.

Certification.

OF THE

AND

EXECUTIVE MANAGEMENT

For necessary expenses of the Office of the Secretary of Homeland Security, as authorized by section 102 of the Homeland Security Act of 2002 (6 U.S.C. 112), and executive management of
the Department of Homeland Security, as authorized by law,
$123,456,000: Provided, That not to exceed $60,000 shall be for
official reception and representation expenses, of which $20,000
shall be made available to the Office of Policy solely to host Visa
Waiver Program negotiations in Washington, DC: Provided further,
That within 15 days after the end of each quarter of the fiscal
year, the Secretary shall submit to the Committees on Appropriations of the Senate and House of Representatives and to the Government Accountability Office a report of each instance where a request
by the Government Accountability Office for access to Department
of Homeland Security records was not granted within 20 calendar
days and Government Accountability Office requests for interviews
with Department of Homeland Security employees were not granted
within seven calendar days: Provided further, That $15,000,000
shall not be available for obligation until the second quarterly
report detailed in the previous proviso is submitted to the Committees on Appropriations of the Senate and House of Representatives:
Provided further, That $10,000,000 shall not be available for obligation until the Secretary of Homeland Security, in coordination with
the Administrator of the Federal Emergency Management Agency,
certifies to the Committees on Appropriations of the Senate and
the House of Representatives that processes to incorporate stakeholder input for grant guidance development and award distribution
have been: (1) developed to ensure transparency and increased
consultation about security needs for all-hazards; (2) formalized
and made clear to stakeholders; and (3) formalized to ensure future
use for each fiscal year.
OFFICE

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SECRETARY

OF THE

UNDER SECRETARY

FOR

MANAGEMENT

For necessary expenses of the Office of the Under Secretary
for Management, as authorized by sections 701 through 705 of
the Homeland Security Act of 2002 (6 U.S.C. 341 through 345),
$191,793,000, of which not to exceed $3,000 shall be for official
reception and representation expenses: Provided, That of the total
amount, $6,000,000 shall remain available until expended solely

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122 STAT. 3653

for the alteration and improvement of facilities, tenant improvements, and relocation costs to consolidate Department headquarters
operations at the Nebraska Avenue Complex; and $17,131,000 shall
remain available until expended for the Human Resources Information Technology program.
OFFICE

OF THE

CHIEF FINANCIAL OFFICER

For necessary expenses of the Office of the Chief Financial
Officer, as authorized by section 103 of the Homeland Security
Act of 2002 (6 U.S.C. 113), $55,235,000, of which $11,000,000 shall
remain available until expended for financial systems consolidation
efforts.
OFFICE

OF THE

CHIEF INFORMATION OFFICER

For necessary expenses of the Office of the Chief Information
Officer, as authorized by section 103 of the Homeland Security
Act of 2002 (6 U.S.C. 113), and Department-wide technology investments, $272,169,000; of which $86,928,000 shall be available for
salaries and expenses; and of which $185,241,000, to remain available until expended, shall be available for development and acquisition of information technology equipment, software, services, and
related activities for the Department of Homeland Security, of which
not less than $23,830,000 shall be available for data center development and an additional $22,300,000 shall be available to support
costs of transition to the National Center for Critical Information
Processing and Storage: Provided, That $100,000,000 of the total
amount appropriated under this heading shall not be available
for obligation until the Committees on Appropriations of the Senate
and the House of Representatives receive the report on data center
transition: Provided further, That none of the funds appropriated
shall be used to support or supplement the appropriations provided
for the United States Visitor and Immigrant Status Indicator Technology project or the Automated Commercial Environment: Provided
further, That the Chief Information Officer shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives, not more than 60 days after the date of enactment
of this Act, an expenditure plan for all information technology
acquisition projects that: (1) are funded under this heading; or
(2) are funded by multiple components of the Department of Homeland Security through reimbursable agreements: Provided further,
That such expenditure plan shall include each specific project
funded, key milestones, all funding sources for each project, details
of annual and lifecycle costs, and projected cost savings or cost
avoidance to be achieved by the project.

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ANALYSIS

AND

Deadline.
Expenditure
plan.

OPERATIONS

For necessary expenses for information analysis and operations
coordination activities, as authorized by title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.), $327,373,000, of which
not to exceed $5,000 shall be for official reception and representation
expenses; and of which $215,745,000 shall remain available until
September 30, 2010.

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PUBLIC LAW 110–329—SEPT. 30, 2008
OFFICE

OF THE

FEDERAL COORDINATOR
REBUILDING

FOR

GULF COAST

For necessary expenses of the Office of the Federal Coordinator
for Gulf Coast Rebuilding, $1,900,000.
OFFICE

OF INSPECTOR

GENERAL

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978
(5 U.S.C. App.), $98,513,000, of which not to exceed $150,000 may
be used for certain confidential operational expenses, including
the payment of informants, to be expended at the direction of
the Inspector General.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. CUSTOMS

AND

BORDER PROTECTION

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SALARIES AND EXPENSES

For necessary expenses for enforcement of laws relating to
border security, immigration, customs, agricultural inspections and
regulatory activities related to plant and animal imports, and
transportation of unaccompanied minor aliens; purchase and lease
of up to 6,300 (3,300 for replacement only) police-type vehicles;
and contracting with individuals for personal services abroad;
$7,603,206,000, of which $3,154,000 shall be derived from the
Harbor Maintenance Trust Fund for administrative expenses
related to the collection of the Harbor Maintenance Fee pursuant
to section 9505(c)(3) of the Internal Revenue Code of 1986 (26
U.S.C. 9505(c)(3)) and notwithstanding section 1511(e)(1) of the
Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which not
to exceed $45,000 shall be for official reception and representation
expenses; of which not less than $271,679,000 shall be for Air
and Marine Operations; of which $4,500,000 shall be for the 2010
Olympics Coordination Center, of which not to exceed $2,000,000
shall be available until September 30, 2010; of which $2,000,000
shall be for Project SeaHawk; of which such sums as become available in the Customs User Fee Account, except sums subject to
section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that
account; of which not to exceed $150,000 shall be available for
payment for rental space in connection with preclearance operations; and of which not to exceed $1,000,000 shall be for awards
of compensation to informants, to be accounted for solely under
the certificate of the Secretary of Homeland Security: Provided,
That for fiscal year 2009, the overtime limitation prescribed in
section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 267(c)(1))
shall be $35,000; and notwithstanding any other provision of law,
none of the funds appropriated by this Act may be available to
compensate any employee of U.S. Customs and Border Protection
for overtime, from whatever source, in an amount that exceeds
such limitation, except in individual cases determined by the Secretary of Homeland Security, or the designee of the Secretary,
to be necessary for national security purposes, to prevent excessive

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122 STAT. 3655

costs, or in cases of immigration emergencies: Provided further,
That no funding available under this heading may be obligated
for the operation of the Analytical Framework for Intelligence Officers until the Commissioner of U.S. Customs and Border Protection
certifies that this Framework complies with all applicable laws,
including section 552a of title 5, United States Code, and other
laws protecting privacy, and such certification is reviewed by the
Inspector General of the Department of Homeland Security: Provided further, That the Commissioner shall submit to the Committees on Appropriations of the Senate and the House of Representatives the results of operational field testing of cargo container
security devices in high risk trade lanes no later than 120 days
after the date of enactment of this Act.

Certification.

Test results.
Deadline.

AUTOMATION MODERNIZATION

For expenses for U.S. Customs and Border Protection automated systems, $511,334,000, to remain available until expended,
of which not less than $316,851,000 shall be for the development
of the Automated Commercial Environment: Provided, That of the
total amount made available under this heading, $216,851,000 may
not be obligated for the Automated Commercial Environment program until 30 days after the Committees on Appropriations of
the Senate and the House of Representatives receive a report on
the results to date and plans for the program from the Department
of Homeland Security.

Deadline.
Reports.

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BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY

For expenses for customs and border protection fencing, infrastructure, and technology, $775,000,000, to remain available until
expended: Provided, That of the amount provided under this
heading, $400,000,000 shall not be obligated until the Committees
on Appropriations of the Senate and the House of Representatives
receive and approve a plan for expenditure, prepared by the Secretary of Homeland Security and submitted not later than 90 days
after the date of the enactment of this Act, for a program to
establish and maintain a security barrier along the borders of
the United States of fencing and vehicle barriers, where practicable,
and other forms of tactical infrastructure and technology, that
includes the following—
(1) a detailed accounting of the program’s implementation
to date for all investments, including technology and tactical
infrastructure, for funding already expended relative to system
capabilities or services, system performance levels, mission
benefits and outcomes, milestones, cost targets, program
management capabilities, identification of the maximum investment, including life cycle costs, related to the Secure Border
Initiative program or any successor program, and description
of the methodology used to obtain these cost figures;
(2) a description of how specific projects will further the
objectives of the Secure Border Initiative, as defined in the
Department of Homeland Security Secure Border Plan, and
how the expenditure plan allocates funding to the highest priority border security needs;
(3) an explicit plan of action defining how all funds are
to be obligated to meet future program commitments, with
the planned expenditure of funds linked to the milestone-based

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Expenditure
plan.
Deadline.

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122 STAT. 3656

PUBLIC LAW 110–329—SEPT. 30, 2008
delivery of specific capabilities, services, performance levels,
mission benefits and outcomes, and program management
capabilities;
(4) an identification of staffing, including full-time equivalents, contractors, and detailees, by program office;
(5) a description of how the plan addresses security needs
at the Northern border and ports of entry, including infrastructure, technology, design and operations requirements, specific
locations where funding would be used, and priorities for
Northern border activities;
(6) a report on budget, obligations and expenditures, the
activities completed, and the progress made by the program
in terms of obtaining operational control of the entire border
of the United States;
(7) a listing of all open Government Accountability Office
and the Office of Inspector General recommendations related
to the program and the status of Department of Homeland
Security actions to address the recommendations, including
milestones to fully address such recommendations;
(8) a certification by the Chief Procurement Officer of the
Department that the program: (a) has been reviewed and
approved in accordance with the investment management
process of the Department, and that the process fulfills all
capital planning and investment control requirements and
reviews established by the Office of Management and Budget,
including as provided in Circular A–11, part 7; (b) that the
plans for the program comply with the Federal acquisition
rules, requirements, guidelines, and practices, and a description
of the actions being taken to address areas of non-compliance,
the risks associated with such actions, together with any plans
for addressing these risks, and the status of the implementation
of such actions; (c) that procedures to prevent conflicts of
interest between the prime integrator and major subcontractors
are established and that the Secure Border Initiative Program
Office has adequate staff and resources to effectively manage
the Secure Border Initiative program, all contracts, including
the exercise of technical oversight; and (d) the certifications
required under this paragraph should be accompanied by all
documents or memoranda, as well as documentation and a
description of the investment review processes used to obtain
such certifications;
(9) a certification by the Chief Information Officer of the
Department that: (a) the system architecture of the program
is sufficiently aligned with the information systems enterprise
architecture of the Department to minimize future rework,
including a description of all aspects of the architectures that
were or were not assessed in making the alignment determination, the date of the alignment determination, and any known
areas of misalignment together with the associated risks and
corrective actions to address any such areas; (b) the program
has a risk management process that regularly and proactively
identifies, evaluates, mitigates, and monitors risks throughout
the system life cycle and communicates high-risk conditions
to U.S. Customs and Border Protection and Department of
Homeland Security investment decision-makers, as well as a
listing of all the program’s high risks and the status of efforts
to address such risks; (c) an independent verification and

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122 STAT. 3657

validation agent is currently under contract for the projects
funded under this heading; and (d) the certification required
under this paragraph should be accompanied by all documents
or memoranda, as well as documentation and a description
of the investment review processes used to obtain such certification;
(10) a certification by the Chief Human Capital Officer
of the Department that the human capital needs of the Secure
Border Initiative program are being addressed so as to ensure
adequate staff and resources to effectively manage the Secure
Border Initiative, together with a description of SBI staffing
priorities;
(11) an analysis by the Secretary for each segment, defined
as not more than 15 miles, of fencing or tactical infrastructure,
of the selected approach compared to other, alternative means
of achieving operational control, and such analysis should
include cost, level of operational control, possible unintended
effects on communities, and other factors critical to the decision
making process; and
(12) is reviewed by the Government Accountability Office:
Provided further, That the Secretary shall report to the Committees
on Appropriations of the Senate and the House of Representatives
on program progress, and obligations and expenditures for all outstanding task orders as well as specific objectives to be achieved
through the award of current and remaining task orders planned
for the balance of available appropriations at least 15 days before
the award of any task order requiring an obligation of funds in
an amount greater than $25,000,000 and before the award of a
task order that would cause cumulative obligations of funds to
exceed 50 percent of the total amount appropriated: Provided further, That none of the funds provided under this heading may
be obligated unless the Department has complied with section
102(b)(1)(C)(i) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1103 note), and the Secretary
certifies such to the Committees on Appropriations of the Senate
and the House of Representatives: Provided further, That none
of the funds under this heading may be obligated for any project
or activity for which the Secretary has exercised waiver authority
pursuant to section 102(c) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) until
15 days have elapsed from the date of the publication of the decision
in the Federal Register: Provided further, That notwithstanding
the previous provisos, $100,000,000 of the amount provided under
this heading shall be made available for obligation upon enactment
of this Act without restriction.

Reports.
Deadline.

Certification.

Waiver authority.
Deadline.
Federal Register,
publication.

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AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND
PROCUREMENT

For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aircraft systems,
and other related equipment of the air and marine program,
including operational training and mission-related travel, and rental
payments for facilities occupied by the air or marine interdiction
and demand reduction programs, the operations of which include
the following: the interdiction of narcotics and other goods; the
provision of support to Federal, State, and local agencies in the
enforcement or administration of laws enforced by the Department

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PUBLIC LAW 110–329—SEPT. 30, 2008

of Homeland Security; and at the discretion of the Secretary of
Homeland Security, the provision of assistance to Federal, State,
and local agencies in other law enforcement and emergency humanitarian efforts, $528,000,000, to remain available until expended,
of which $5,000,000 shall be to address private aircraft enforcement
system noncompliance as specified in House Report 110–862: Provided, That no aircraft or other related equipment, with the exception of aircraft that are one of a kind and have been identified
as excess to U.S. Customs and Border Protection requirements
and aircraft that have been damaged beyond repair, shall be transferred to any other Federal agency, department, or office outside
of the Department of Homeland Security during fiscal year 2009
without the prior approval of the Committees on Appropriations
of the Senate and the House of Representatives: Provided further,
That of the total amount made available under this heading,
$18,000,000 shall not be obligated until the Secretary notifies the
Committees on Appropriations of the Senate and House of Representatives that the Department of Homeland Security has implemented the concept of operations described in section 544 of this
Act.

Notification.

CONSTRUCTION

Plan.
6 USC 214 note.

For necessary expenses to plan, construct, renovate, equip,
and maintain buildings and facilities necessary for the administration and enforcement of the laws relating to customs and immigration, $403,201,000, to remain available until expended, of which
$39,700,000 shall be for the Advanced Training Center: Provided,
That for fiscal year 2010 and thereafter, the annual budget submission of U.S. Customs and Border Protection for ‘‘Construction’’
shall, in consultation with the General Services Administration,
include a detailed 5-year plan for all Federal land border port
of entry projects with a yearly update of total projected future
funding needs.
U.S. IMMIGRATION

AND

CUSTOMS ENFORCEMENT

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SALARIES AND EXPENSES

Waiver authority.

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For necessary expenses for enforcement of immigration and
customs laws, detention and removals, and investigations; and purchase and lease of up to 3,790 (2,350 for replacement only) policetype vehicles; $4,927,210,000, of which not to exceed $7,500,000
shall be available until expended for conducting special operations
under section 3131 of the Customs Enforcement Act of 1986 (19
U.S.C. 2081); of which not to exceed $15,000 shall be for official
reception and representation expenses; of which not to exceed
$1,000,000 shall be for awards of compensation to informants, to
be accounted for solely under the certificate of the Secretary of
Homeland Security; of which not less than $305,000 shall be for
promotion of public awareness of the child pornography tipline
and anti-child exploitation activities; of which not less than
$5,400,000 shall be used to facilitate agreements consistent with
section 287(g) of the Immigration and Nationality Act (8 U.S.C.
1357(g)); and of which not to exceed $11,216,000 shall be available
to fund or reimburse other Federal agencies for the costs associated
with the care, maintenance, and repatriation of smuggled aliens
unlawfully present in the United States: Provided, That none of

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122 STAT. 3659

the funds made available under this heading shall be available
to compensate any employee for overtime in an annual amount
in excess of $35,000, except that the Secretary, or the designee
of the Secretary, may waive that amount as necessary for national
security purposes and in cases of immigration emergencies: Provided further, That of the total amount provided, $15,770,000 shall
be for activities in fiscal year 2009 to enforce laws against forced
child labor, of which not to exceed $6,000,000 shall remain available
until expended: Provided further, That of the total amount available,
not less than $1,000,000,000, of which $150,000,000 shall remain
available until September 30, 2010, shall be available to identify
aliens convicted of a crime, and who may be deportable, and to
remove them from the United States once they are judged deportable: Provided further, That the Secretary, or the designee of the
Secretary, shall report to the Committees on Appropriations of
the Senate and the House of Representatives, at least quarterly,
on progress implementing the preceding proviso, and the funds
obligated during that quarter to make that progress: Provided further, That the Secretary shall prioritize the identification and
removal of aliens convicted of a crime by the severity of that
crime: Provided further, That of the total amount provided, not
less than $2,481,213,000 is for detention and removal operations,
including transportation of unaccompanied minor aliens: Provided
further, That of the total amount provided, $6,800,000 shall remain
available until September 30, 2010, for the Visa Security Program:
Provided further, That none of the funds provided under this
heading may be used to continue a delegation of law enforcement
authority authorized under section 287(g) of the Immigration and
Nationality Act (8 U.S.C. 1357(g)) if the Department of Homeland
Security Inspector General determines that the terms of the agreement governing the delegation of authority have been violated:
Provided further, That effective April 15, 2009, none of the funds
provided under this heading may be used to continue any contract
for the provision of detention services if the two most recent overall
performance evaluations received by the contracted facility are less
than ‘‘adequate’’ or the equivalent median score in any subsequent
performance evaluation system: Provided further, That the Secretary shall submit to the Committees on Appropriations of the
Senate and the House of Representatives, not later than January
5, 2009, a plan for nationwide implementation of the Alternatives
to Detention program that identifies: (1) the funds required for
nationwide program implementation; (2) the timeframe for
achieving nationwide program implementation; and (3) an estimate
of the number of individuals who could be enrolled in a nationwide
program: Provided further, That nothing under this heading shall
prevent U.S. Immigation and Customs Enforcement from exercising
those authorities provided under immigration laws (as defined in
section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17))) during priority operations pertaining to aliens convicted of a crime.

Child labor.

Aliens.

Reports.
Deadlines.
Aliens.

Effective date.
Contracts.

Deadline.
Plan.

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FEDERAL PROTECTIVE SERVICE

The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses
related to the protection of federally-owned and leased buildings
and for the operations of the Federal Protective Service: Provided,
That the Secretary of Homeland Security and the Director of the

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Certification.
Deadline.

PUBL329

122 STAT. 3660

PUBLIC LAW 110–329—SEPT. 30, 2008

Office of Management and Budget shall certify in writing to the
Committees on Appropriations of the Senate and the House of
Representatives no later than December 31, 2008, that the operations of the Federal Protective Service will be fully funded in
fiscal year 2009 through revenues and collection of security fees,
and shall adjust the fees to ensure fee collections are sufficient
to ensure that the Federal Protective Service maintains not fewer
than 1,200 full-time equivalent staff and 900 full-time equivalent
Police Officers, Inspectors, Area Commanders, and Special Agents
who, while working, are directly engaged on a daily basis protecting
and enforcing laws at Federal buildings (referred to as ‘‘in-service
field staff’’).
AUTOMATION MODERNIZATION

Expenditure
plan.

For expenses of immigration and customs enforcement automated systems, $57,000,000, to remain available until expended:
Provided, That of the funds made available under this heading,
$5,000,000 shall not be obligated until the Committees on Appropriations of the Senate and the House of Representatives receive
an expenditure plan prepared by the Secretary of Homeland Security.
CONSTRUCTION

Privatization
plan.

For necessary expenses to plan, construct, renovate, equip,
and maintain buildings and facilities necessary for the administration and enforcement of the laws relating to customs and immigration, $5,000,000, to remain available until expended: Provided, That
none of the funds made available under this heading may be used
to solicit or consider any request to privatize facilities currently
owned by the United States Government and used to detain aliens
unlawfully present in the United States until the Committees on
Appropriations of the Senate and the House of Representatives
receive a plan for carrying out that privatization.
TRANSPORTATION SECURITY ADMINISTRATION
AVIATION SECURITY

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(INCLUDING

TRANSFER OF FUNDS)

For necessary expenses of the Transportation Security Administration related to providing civil aviation security services pursuant
to the Aviation and Transportation Security Act (Public Law 107–
71; 115 Stat. 597; 49 U.S.C. 40101 note), $4,754,518,000, to remain
available until September 30, 2010, of which not to exceed $10,000
shall be for official reception and representation expenses: Provided,
That of the total amount made available under this heading, not
to exceed $3,935,710,000 shall be for screening operations, of which
$621,106,000 shall be available for explosives detection systems;
and not to exceed $798,808,000 shall be for aviation security direction and enforcement: Provided further, That of the amount made
available in the preceding proviso for explosives detection systems,
$294,000,000 shall be available for the purchase and installation
of these systems, of which not less than $84,500,000 shall be available for the purchase and installation of certified explosives detection systems at medium- and small-sized airports: Provided further,
That the purchase of screening equipment for medium- and small-

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PUBLIC LAW 110–329—SEPT. 30, 2008

122 STAT. 3661

sized airports must be competitively awarded: Provided further,
That any award to deploy explosives detection systems shall be
based on risk, the airports current reliance on other screening
solutions, lobby congestion resulting in increased security concerns,
high injury rates, airport readiness, and increased cost effectiveness:
Provided further, That security service fees authorized under section
44940 of title 49, United States Code, shall be credited to this
appropriation as offsetting collections and shall be available only
for aviation security: Provided further, That any funds collected
and made available from aviation security fees pursuant to section
44940(i) of title 49, United States Code, may, notwithstanding paragraph (4) of such section 44940(i), be expended for the purpose
of improving screening at airport screening checkpoints, which may
include the purchase and utilization of emerging technology equipment; the refurbishment and replacement of current equipment;
the installation of surveillance systems to monitor checkpoint activities; the modification of checkpoint infrastructure to support checkpoint reconfigurations; and the creation of additional checkpoints
to screen aviation passengers and airport personnel: Provided further, That of the amounts provided under this heading, $20,000,000
may be transferred to the ‘‘Surface Transportation Security’’,
‘‘Transportation Threat Assessment and Credentialing’’, and
‘‘Transportation Security Support’’ appropriations in this Act for
the purpose of implementing regulations and activities authorized
in the Implementing Recommendations of the 9/11 Commission
Act of 2007 (Public Law 110–53): Provided further, That the sum
appropriated under this heading from the general fund shall be
reduced on a dollar-for-dollar basis as such offsetting collections
are received during fiscal year 2009, so as to result in a final
fiscal year appropriation from the general fund estimated at not
more than $2,434,518,000: Provided further, That any security
service fees collected in excess of the amount made available under
this heading shall become available during fiscal year 2010: Provided further, That Members of the United States House of Representatives and United States Senate, including the leadership;
the heads of Federal agencies and commissions, including the Secretary, Under Secretaries, and Assistant Secretaries of the Department of Homeland Security; the United States Attorney General
and Assistant Attorneys General and the United States attorneys;
and senior members of the Executive Office of the President,
including the Director of the Office of Management and Budget;
shall not be exempt from Federal passenger and baggage screening.
SURFACE TRANSPORTATION SECURITY

For necessary expenses of the Transportation Security Administration related to providing surface transportation security activities, $49,606,000, to remain available until September 30, 2010.

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TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING

For necessary expenses for the development and implementation of screening programs of the Office of Transportation Threat
Assessment and Credentialing, $116,018,000, to remain available
until September 30, 2010: Provided, That if the Assistant Secretary
of Homeland Security (Transportation Security Administration)
determines that the Secure Flight program does not need to check
airline passenger names against the full terrorist watch list, the

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Certification.

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PUBLIC LAW 110–329—SEPT. 30, 2008

Assistant Secretary shall certify to the Committees on Appropriations of the Senate and the House of Representatives that no
significant security risks are raised by screening airline passenger
names only against a subset of the full terrorist watch list.
TRANSPORTATION SECURITY SUPPORT

For necessary expenses of the Transportation Security Administration related to providing transportation security support and
intelligence pursuant to the Aviation and Transportation Security
Act (Public Law 107–71; 115 Stat. 597; 49 U.S.C. 40101 note),
$947,735,000, to remain available until September 30, 2010: Provided, That of the funds appropriated under this heading,
$20,000,000 may not be obligated for headquarters administration
until the Secretary of Homeland Security submits to the Committees
on Appropriations of the Senate and the House of Representatives
detailed expenditure plans for checkpoint support and explosives
detection systems refurbishment, procurement, and installations
on an airport-by-airport basis for fiscal year 2009: Provided further,
That these plans shall be submitted no later than 60 days after
the date of enactment of this Act.

Expenditure
plans.
Explosives
detection.

Deadline.

FEDERAL AIR MARSHALS

For necessary
$819,481,000.

expenses

of

the

Federal

Air

Marshals,

COAST GUARD

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OPERATING EXPENSES

Financial plan.
Deadline.

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For necessary expenses for the operation and maintenance of
the Coast Guard, not otherwise provided for; purchase or lease
of not to exceed 25 passenger motor vehicles, which shall be for
replacement only; for purchase or lease of small boats for contingent
and emergent requirements (at a unit cost of no more than
$700,000) and for repairs and service-life replacements, not to
exceed a total of $26,000,000; minor shore construction projects
not exceeding $1,000,000 in total cost at any location; payments
pursuant to section 156 of Public Law 97–377 (42 U.S.C. 402
note; 96 Stat. 1920); and recreation and welfare; $6,194,925,000,
of which $340,000,000 shall be for defense-related activities; of
which $24,500,000 shall be derived from the Oil Spill Liability
Trust Fund to carry out the purposes of section 1012(a)(5) of the
Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of which not to
exceed $20,000 shall be for official reception and representation
expenses; and of which $3,600,000 shall be available until expended
for the cost of repairing, rehabilitating, altering, modifying, and
making improvements, including customized tenant improvements,
to any replacement or expanded Operations Systems Center facility:
Provided, That none of the funds made available by this or any
other Act shall be available for administrative expenses in connection with shipping commissioners in the United States: Provided
further, That none of the funds made available by this Act shall
be for expenses incurred for recreational vessels under section 12114
of title 46, United States Code, except to the extent fees are collected
from yacht owners and credited to this appropriation: Provided

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122 STAT. 3663

further, That the Commandant shall submit a financial management improvement plan that has been reviewed by the Inspector
General of the Department of Homeland Security containing yearly,
measurable milestones, to the Committees on Appropriations of
the Senate and the House of Representatives by December 1, 2008:
Provided further, That the Coast Guard shall comply with the
requirements of section 527 of Public Law 108-136 with respect
to the Coast Guard Academy: Provided further, That notwithstanding section 503 of this Act, amounts not to exceed 5 percent
of the total amount appropriated under this heading may be transferred to the ‘‘Acquisition, Construction, and Improvements’’ appropriation, to be available under the terms and conditions applicable
to that appropriation, and to be available for personnel compensation and benefits and related costs to adjust personnel assignment
to accelerate management and oversight of new or existing projects
without detrimentally affecting the management and oversight of
other projects: Provided further, That the amount made available
for ‘‘Personnel, Compensation, and Benefits’’ in the ‘‘Acquisition,
Construction, and Improvements’’ appropriation shall not be
increased by more than 10 percent by such transfers: Provided
further, That the Committees on Appropriations of the Senate and
the House of Representatives shall be notified of each transfer
within 10 days after it is executed.

Notification.
Deadline.

ENVIRONMENTAL COMPLIANCE AND RESTORATION

For necessary expenses to carry out the environmental compliance and restoration functions of the Coast Guard under chapter
19 of title 14, United States Code, $13,000,000, to remain available
until expended.
RESERVE TRAINING

For necessary expenses of the Coast Guard Reserve, as authorized by law; operations and maintenance of the reserve program;
personnel and training costs; and equipment and services;
$130,501,000.

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ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of acquisition, construction, renovation,
and improvement of aids to navigation, shore facilities, vessels,
and aircraft, including equipment related thereto; and maintenance,
rehabilitation, lease and operation of facilities and equipment, as
authorized by law; $1,494,576,000, of which $20,000,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990
(33 U.S.C. 2712(a)(5)); of which $113,000,000 shall be available
until September 30, 2013, to acquire, repair, renovate, or improve
vessels, small boats, and related equipment; of which $89,174,000
shall be available until September 30, 2011, for other equipment;
of which $68,000,000 shall be available until September 30, 2011,
for shore facilities and aids to navigation facilities, including
$3,000,000 for Sector Buffalo and $15,000,000 for the Rescue
Swimmer Training Facility; of which $92,830,000 shall be available
for personnel compensation and benefits and related costs; of which
$97,578,000 shall be available until expended for a new Coast
Guard and Department of Homeland Security headquarters; and

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Expenditure
plan.

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of which $1,033,994,000 shall be available until September 30,
2013, for the Integrated Deepwater Systems program: Provided,
That of the funds made available for the Integrated Deepwater
Systems program, $244,550,000 is for aircraft and $571,003,000
is for surface ships: Provided further, That $350,000,000 of the
funds provided for the Integrated Deepwater Systems program may
not be obligated until the Committees on Appropriations of the
Senate and the House of Representatives receive directly from
the Coast Guard and approve a plan for expenditure that—
(1) defines activities, milestones, yearly costs, and life cycle
costs for each new procurement of a major asset, including
an independent cost estimate for each;
(2) identifies life cycle staffing and training needs of Coast
Guard project managers and procurement and contract staff;
(3) identifies competition to be conducted in, and summarizes the approved acquisition strategy for, each procurement;
(4) includes a certification by the Chief Human Capital
Officer of the Department of Homeland Security that current
human capital capabilities are sufficient to execute the expenditure plan;
(5) includes an explanation of each procurement that
involves an indefinite delivery/indefinite quantity contract and
explains the need for such contract;
(6) identifies individual project balances by fiscal year,
including planned carryover into fiscal year 2010 by project;
(7) identifies operational gaps by asset and explains how
funds provided in this Act address the shortfalls between current operational capabilities and requirements;
(8) includes a listing of all open Government Accountability
Office and Office of Inspector General recommendations related
to the program and the status of Coast Guard actions to address
the recommendations, including milestones for fully addressing
them;
(9) includes a certification by the Chief Procurement Officer
of the Department that the program has been reviewed and
approved in accordance with the investment management
process of the Department, and that the process fulfills all
capital planning and investment control requirements and
reviews established by the Office of Management and Budget,
including Circular A–11, part 7;
(10) identifies use of the Defense Contract Audit Agency;
(11) includes a certification by the head of contracting
activity for the Coast Guard and the Chief Procurement Officer
of the Department that the plans for the program comply
with the Federal acquisition rules, requirements, guidelines,
and practices, and a description of the actions being taken
to address areas of non-compliance, the risks associated with
them along with plans for addressing these risks, and the
status of their implementation;
(12) identifies the use of independent validation and
verification; and
(13) is reviewed by the Government Accountability Office:
Provided further, That no funding may be obligated for low rate
initial production or initial production of any Integrated Deepwater
Systems program asset until Coast Guard revises its Major Systems
Acquisition Manual procedures to require a formal design review
prior to the authorization of low rate initial production or initial

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PUBLIC LAW 110–329—SEPT. 30, 2008

122 STAT. 3665

production: Provided further, That the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate
and the House of Representatives, in conjunction with the President’s fiscal year 2010 budget, a review of the Revised Deepwater
Implementation Plan that identifies any changes to the plan for
the fiscal year; an annual performance comparison of Integrated
Deepwater Systems program assets to pre-Deepwater legacy assets;
a status report of legacy assets; a detailed explanation of how
the costs of legacy assets are being accounted for within the
Integrated Deepwater Systems program; and the earned value
management system gold card data for each Integrated Deepwater
Systems program asset: Provided further, That the Secretary shall
submit to the Committees on Appropriations of the Senate and
the House of Representatives a comprehensive review of the Revised
Deepwater Implementation Plan every 5 years, beginning in fiscal
year 2011, that includes a complete projection of the acquisition
costs and schedule for the duration of the plan through fiscal
year 2027: Provided further, That the Secretary shall annually
submit to the Committees on Appropriations of the Senate and
the House of Representatives, at the time that the President’s
budget is submitted under section 1105(a) of title 31, United States
Code, a future-years capital investment plan for the Coast Guard
that identifies for each capital budget line item—
(1) the proposed appropriation included in that budget;
(2) the total estimated cost of completion;
(3) projected funding levels for each fiscal year for the
next 5 fiscal years or until project completion, whichever is
earlier;
(4) an estimated completion date at the projected funding
levels; and
(5) changes, if any, in the total estimated cost of completion
or estimated completion date from previous future-years capital
investment plans submitted to the Committees on Appropriations of the Senate and the House of Representatives:
Provided further, That the Secretary shall ensure that amounts
specified in the future-years capital investment plan are consistent
to the maximum extent practicable with proposed appropriations
necessary to support the programs, projects, and activities of the
Coast Guard in the President’s budget as submitted under section
1105(a) of title 31, United States Code, for that fiscal year: Provided
further, That any inconsistencies between the capital investment
plan and proposed appropriations shall be identified and justified:
Provided further, That subsections (a), and (b) of section 6402
of the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery,
and Iraq Accountability Appropriations Act, 2007 (Public Law 110–
28) shall apply to fiscal year 2009: Provided further, That notwithstanding section 503 of this Act, amounts transferred from the
‘‘Operating Expenses’’ appropriation for personnel compensation and
benefits and related costs to adjust personnel assignment to accelerate management and oversight of new or existing projects may
be transferred to the ‘‘Operating Expenses’’ appropriation to be
merged with that appropriation, to be available under the same
terms and conditions for which that appropriation is available,
when no longer required for project acceleration or oversight, or
to otherwise adjust personnel assignment: Provided further, That
the Committees on Appropriations of the Senate and the House

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Reports.

Reports.
Deadline.
Effective date.
14 USC 663 note.

Deadline.
Investment plan.
14 USC 663 note.

Applicability.

Notification.
Deadline.

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PUBLIC LAW 110–329—SEPT. 30, 2008

of Representatives shall be notified of each transfer within 30
days after it is executed.
ALTERATION OF BRIDGES

For necessary expenses for alteration or removal of obstructive
bridges, as authorized by section 6 of the Truman-Hobbs Act (33
U.S.C. 516), $16,000,000, to remain available until expended: Provided, That of the amounts made available under this heading,
$2,000,000 shall be for the Burlington Northern Railroad Bridge
in Burlington, Iowa; $2,000,000 shall be for the Canadian Pacific
Railway Bridge in La Crosse, Wisconsin; $2,000,000 shall be for
the Chelsea Street Bridge in Chelsea, Massachusetts; $2,000,000
shall be for the Elgin, Joliet, and Eastern Railway Company Bridge
in Morris, Illinois; $4,000,000 shall be for the Fourteen Mile Bridge
in Mobile, Alabama; and $4,000,000 shall be for the Galveston
Causeway Bridge in Galveston, Texas.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

For necessary expenses for applied scientific research, development, test, and evaluation; and for maintenance, rehabilitation,
lease, and operation of facilities and equipment; as authorized by
law; $18,000,000, to remain available until expended, of which
$500,000 shall be derived from the Oil Spill Liability Trust Fund
to carry out the purposes of section 1012(a)(5) of the Oil Pollution
Act of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may be
credited to and used for the purposes of this appropriation funds
received from State and local governments, other public authorities,
private sources, and foreign countries for expenses incurred for
research, development, testing, and evaluation.
RETIRED PAY

For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments
under the Retired Serviceman’s Family Protection and Survivor
Benefits Plans, payment for career status bonuses, concurrent
receipts and combat-related special compensation under the
National Defense Authorization Act, and payments for medical care
of retired personnel and their dependents under chapter 55 of
title 10, United States Code, $1,236,745,000, to remain available
until expended.
UNITED STATES SECRET SERVICE

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SALARIES AND EXPENSES

For necessary expenses of the United States Secret Service,
including purchase of not to exceed 675 vehicles for police-type
use, of which 645 shall be for replacement only, and hire of passenger motor vehicles; purchase of motorcycles made in the United
States; hire of aircraft; services of expert witnesses at such rates
as may be determined by the Director of the Secret Service; rental
of buildings in the District of Columbia, and fencing, lighting,
guard booths, and other facilities on private or other property
not in Government ownership or control, as may be necessary
to perform protective functions; payment of per diem or subsistence
allowances to employees where a protective assignment during the

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122 STAT. 3667

actual day or days of the visit of a protectee requires an employee
to work 16 hours per day or to remain overnight at a post of
duty; conduct of and participation in firearms matches; presentation
of awards; travel of United States Secret Service employees on
protective missions without regard to the limitations on such
expenditures in this or any other Act if approval is obtained in
advance from the Committees on Appropriations of the Senate
and the House of Representatives; research and development; grants
to conduct behavioral research in support of protective research
and operations; and payment in advance for commercial accommodations as may be necessary to perform protective functions;
$1,408,729,000; of which not to exceed $25,000 shall be for official
reception and representation expenses; of which not to exceed
$100,000 shall be to provide technical assistance and equipment
to foreign law enforcement organizations in counterfeit investigations; of which $2,366,000 shall be for forensic and related support
of investigations of missing and exploited children; and of which
$6,000,000 shall be for a grant for activities related to the investigations of missing and exploited children and shall remain available
until expended: Provided, That up to $18,000,000 provided for
protective travel shall remain available until September 30, 2010:
Provided further, That up to $1,000,000 for National Special Security Events shall remain available until expended: Provided further,
That the United States Secret Service is authorized to obligate
funds in anticipation of reimbursements from Federal agencies and
entities, as defined in section 105 of title 5, United States Code,
receiving training sponsored by the James J. Rowley Training
Center, except that total obligations at the end of the fiscal year
shall not exceed total budgetary resources available under this
heading at the end of the fiscal year: Provided further, That none
of the funds made available under this heading shall be available
to compensate any employee for overtime in an annual amount
in excess of $35,000, except that the Secretary of Homeland Security, or the designee of the Secretary, may waive that amount
as necessary for national security purposes: Provided further, That
the limitation in the preceding proviso shall not take effect until
the Director of the Office of Management and Budget submits
to the Committees on Appropriations of the Senate and the House
of Representatives a report certifying that such a limitation on
compensation will not have a significant effect on operations of
the United States Secret Service: Provided further, That none of
the funds appropriated to the United States Secret Service by
this Act or by previous appropriations Acts may be made available
for the protection of the head of a Federal agency other than
the Secretary of Homeland Security: Provided further, That the
Director of the United States Secret Service may enter into an
agreement to perform such service on a fully reimbursable basis.

Waiver authority.

Reports.
Certification.

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ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED
EXPENSES

For necessary expenses for acquisition, construction, repair,
alteration, and improvement of facilities, $4,225,000, to remain
available until expended: Provided, That of the total amount provided, $250,000 is for a perimeter security and noise abatement
study at the James J. Rowley Training Center.

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122 STAT. 3668

PUBLIC LAW 110–329—SEPT. 30, 2008
TITLE III

PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
NATIONAL PROTECTION

AND

PROGRAMS DIRECTORATE

MANAGEMENT AND ADMINISTRATION

For salaries and expenses of the Office of the Under Secretary
for the National Protection and Programs Directorate, support for
operations, information technology, and the Office of Risk Management and Analysis, $51,350,000: Provided, That not to exceed
$5,000 shall be for official reception and representation expenses.
INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY

Expenditure
plan.

For necessary expenses for infrastructure protection and
information security programs and activities, as authorized by title
II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
$806,913,000, of which $720,116,000 shall remain available until
September 30, 2010: Provided, That of the total amount provided,
$20,000,000 is for necessary expenses of the National Infrastructure
Simulation and Analysis Center: Provided further, That of the
amount made available under this heading, $127,462,000 may not
be obligated for the National Cyber Security Initiative program
and $25,125,000 may not be obligated for the Next Generation
Networks program until the Committees on Appropriations of the
Senate and the House of Representatives receive and approve a
plan for expenditure for that program that describes the strategic
context of the program; the specific goals and milestones set for
the program; and the funds allocated to achieving each of those
goals: Provided further, That of the total amount provided,
$2,000,000 is for Philadelphia infrastructure monitoring; $3,000,000
is for protection of critical underground infrastructure in major
urban areas; $1,000,000 is for improved improvised explosive device
mapping and modeling tools; $3,500,000 is for State and local
cyber security training; and $4,000,000 is for the Power and Cyber
Systems Protection, Analysis, and Testing Program at the Idaho
National Laboratory.
UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR
TECHNOLOGY

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Expenditure
plan.

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For necessary expenses for the development of the United
States Visitor and Immigrant Status Indicator Technology project,
as authorized by section 110 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a),
$300,000,000, to remain available until expended: Provided, That
of the total amount made available under this heading, $75,000,000
may not be obligated for the United States Visitor and Immigrant
Status Indicator Technology project until the Committees on Appropriations of the Senate and the House of Representatives receive
a plan for expenditure prepared by the Secretary of Homeland
Security that includes—
(1) a detailed accounting of the program’s progress to date
relative to system capabilities or services, system performance
levels, mission benefits and outcomes, milestones, cost targets,
and program management capabilities;

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PUBLIC LAW 110–329—SEPT. 30, 2008

122 STAT. 3669

(2) an explicit plan of action defining how all funds are
to be obligated to meet future program commitments, with
the planned expenditure of funds linked to the milestone-based
delivery of specific capabilities, services, performance levels,
mission benefits and outcomes, and program management
capabilities;
(3) a listing of all open Government Accountability Office
and Office of Inspector General recommendations related to
the program and the status of Department of Homeland Security actions to address the recommendations, including milestones for fully addressing such recommendations;
(4)(a) a certification by the Chief Procurement Officer of
the Department that (1) the program has been reviewed and
approved in accordance with the investment management
process of the Department; (2) the process fulfills all capital
planning and investment control requirements and reviews
established by the Office of Management and Budget, including
as provided in Circular A–11, part 7; and (3) the plans for
the program comply with the Federal acquisition rules, requirements, guidelines, and practices; and (b) a description by the
Chief Procurement Officer of the actions being taken to address
areas of non-compliance, the risks associated with such areas
as well as any plans for addressing such risks, and the status
of the implementation of such actions;
(5)(a) a certification by the Chief Information Officer of
the Department that (1) an independent verification and validation agent is currently under contract for the project; (2) the
system architecture of the program is sufficiently aligned with
the information systems enterprise architecture of the Department to minimize future rework, including a description of
all aspects of the architecture that were or were not assessed
in making the alignment determination, the date of the alignment determination, and any known areas of misalignment
along with the associated risks and corrective actions to address
any such areas; and (3) the program has a risk management
process that regularly identifies, evaluates, mitigates, and monitors risks throughout the system life cycle, and communicates
high-risk conditions to agency and Department investment decision makers; and (b) a listing by the Chief Information Officer
of all the program’s high risks and the status of efforts to
address them;
(6) a certification by the Chief Human Capital Officer of
the Department that the human capital needs of the program
are being strategically and proactively managed, and that current human capital capabilities are sufficient to execute the
plans discussed in the report;
(7) a complete schedule for the full implementation of a
biometric exit program or a certification that such program
is not possible within 5 years; and
(8) a detailed accounting of operation and maintenance,
contractor services, and program costs associated with the
management of identity services:
Provided further, That no funding under this heading shall be
obligated for implementation of a final air exit solution pursuant
to the notice of proposed rulemaking (DHS–2008–0039) published
on April 24, 2008, until the Committees on Appropriations of the
Senate and the House of Representatives receive a report on pilot

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122 STAT. 3670

PUBLIC LAW 110–329—SEPT. 30, 2008

tests of the air exit solution, which shall be reviewed by the Government Accountability Office, and which shall test at least two scenarios: (a) where the airlines collect and transmit biometric exit
data as proposed in the notice of proposed rulemaking and (b)
where U.S. Customs and Border Protection collects such information
at the departure gates.
OFFICE

OF

HEALTH AFFAIRS

For necessary expenses of the Office of Health Affairs,
$157,191,000, of which $29,210,000 is for salaries and expenses;
and of which $127,981,000 is to remain available until September
30, 2010, for biosurveillance, BioWatch, medical readiness planning,
chemical response, and other activities: Provided, That not to exceed
$3,000 shall be for official reception and representation expenses.
FEDERAL EMERGENCY MANAGEMENT AGENCY
MANAGEMENT AND ADMINISTRATION

Federal budget.

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Certification.
Reports.

West Virginia.
Pennsylvania.
Disaster
evacuation.

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For necessary expenses for management and administration
of the Federal Emergency Management Agency, $837,437,000,
including activities authorized by the National Flood Insurance
Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701
et seq.), the Defense Production Act of 1950 (50 U.S.C. App. 2061
et seq.), sections 107 and 303 of the National Security Act of
1947 (50 U.S.C. 404, 405), Reorganization Plan No. 3 of 1978
(5 U.S.C. App.), the Homeland Security Act of 2002 (6 U.S.C.
101 et seq.), and the Post-Katrina Emergency Management Reform
Act of 2006 (Public Law 109–295; 120 Stat. 1394): Provided, That
not to exceed $3,000 shall be for official reception and representation
expenses: Provided further, That the President’s budget submitted
under section 1105(a) of title 31, United States Code, shall be
detailed by office for the Federal Emergency Management Agency:
Provided further, That $10,000,000 shall not be available for obligation until the Secretary of Homeland Security, in coordination with
the Administrator of the Federal Emergency Management Agency,
certifies and reports to the Committees on Appropriations of the
Senate and the House of Representatives that processes to incorporate stakeholder input for grant guidance development and award
distribution have been: (1) developed to ensure transparency and
increased consultation about security needs for all-hazards; (2) formalized and made clear to stakeholders; and (3) formalized to
ensure future use for each fiscal year: Provided further, That of
the total amount made available under this heading, $5,000,000
shall be for the development of tools and systems to measure
the achievement and effectiveness of first responder grant programs:
Provided further, That of the total amount made available under
this heading, $32,500,000 shall be for the Urban Search and Rescue
Response System, of which not to exceed $1,600,000 may be made
available for administrative costs; $2,200,000 shall be for the Pacific
Region Homeland Security Center, Honolulu, Hawaii, $5,000,000
shall be for the State of North Carolina, and $2,425,000 shall
be for the Commonwealth of Kentucky, as detailed in the statement
accompanying this Act; and $6,342,000 shall be for the Office of
National Capital Region Coordination: Provided further, That for

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PUBLIC LAW 110–329—SEPT. 30, 2008

122 STAT. 3671

purposes of planning, coordination, execution, and decision-making
related to mass evacuation during a disaster, the Governors of
the State of West Virginia and the Commonwealth of Pennsylvania,
or their designees, shall be incorporated into efforts to integrate
the activities of Federal, State, and local governments in the
National Capital Region, as defined in section 882 of Public Law
107–296, the Homeland Security Act of 2002.
STATE AND LOCAL PROGRAMS

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(INCLUDING

TRANSFER OF FUNDS)

For grants, contracts, cooperative agreements, and other activities, $3,105,700,000 shall be allocated as follows:
(1) $950,000,000 shall be for the State Homeland Security
Grant Program under section 2004 of the Homeland Security
Act of 2002 (6 U.S.C. 605): Provided, That of the amount
provided by this paragraph, $60,000,000 shall be for Operation
Stonegarden: Provided further, That notwithstanding subsection (c)(4) of such section 2004, for fiscal year 2009, the
Commonwealth of Puerto Rico shall make available to local
and tribal governments amounts provided to the Commonwealth of Puerto Rico under this paragraph in accordance with
subsection (c)(1) of such section 2004.
(2) $837,500,000 shall be for the Urban Area Security Initiative under section 2003 of the Homeland Security Act of
2002 (6 U.S.C. 604), of which, notwithstanding subsection (c)(1)
of such section, $15,000,000 shall be for grants to organizations
(as described under section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax section 501(a) of such
code) determined by the Secretary of Homeland Security to
be at high risk of a terrorist attack.
(3) $35,000,000 shall be for Regional Catastrophic
Preparedness Grants.
(4) $41,000,000 shall be for the Metropolitan Medical
Response System under section 635 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 723).
(5) $15,000,000 shall be for the Citizen Corps Program.
(6) $400,000,000 shall be for Public Transportation Security
Assistance and Railroad Security Assistance under sections
1406 and 1513 of the Implementing Recommendations of the
9/11 Commission Act of 2007 (Public Law 110–53; 6 U.S.C.
1135 and 1163), of which not less than $25,000,000 shall be
for Amtrak security: Provided, That there shall be no cost
share requirement for funds made available under this paragraph and made available for these same purposes in Public
Law 110–161: Provided further, That such public transportation
security assistance shall be provided directly to public transportation agencies.
(7) $400,000,000 shall be for Port Security Grants in accordance with 46 U.S.C. 70107.
(8) $12,000,000 shall be for Over-the-Road Bus Security
Assistance under section 1532 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public
Law 110–53; 6 U.S.C. 1182).
(9) $8,000,000 shall be for Trucking Industry Security
Grants.

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122 STAT. 3672

Expenditure
plan.
Deadline.

Grants.
Deadlines.

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Grants.
Deadlines.

Reports.

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PUBLIC LAW 110–329—SEPT. 30, 2008

(10) $50,000,000 shall be for Buffer Zone Protection Program Grants.
(11) $8,000,000 shall be for the Commercial Equipment
Direct Assistance Program.
(12) $50,000,000 shall be for the Interoperable Emergency
Communications Grant Program under section 1809 of the
Homeland Security Act of 2002 (6 U.S.C. 579).
(13) $35,000,000 shall remain available until expended,
for grants for Emergency Operations Centers under section
614 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5196c), as detailed in the statement
accompanying this Act.
(14) $264,200,000 shall be for training, exercises, technical
assistance, and other programs, of which—
(A) $164,500,000 is for purposes of training in accordance with section 1204 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1102),
of which $62,500,000 shall be for the Center for Domestic
Preparedness; $23,000,000 shall be for the National Energetic Materials Research and Testing Center, New Mexico
Institute of Mining and Technology; $23,000,000 shall be
for the National Center for Biomedical Research and
Training, Louisiana State University; $23,000,000 shall be
for the National Emergency Response and Rescue Training
Center, Texas A&M University; $23,000,000 shall be for
the National Exercise, Test, and Training Center, Nevada
Test Site; $5,000,000 shall be for the Transportation Technology Center, Incorporated, in Pueblo, Colorado; and
$5,000,000 shall be for the National Disaster Preparedness
Training Center, University of Hawaii, Honolulu, Hawaii;
and
(B) $1,700,000 for the Center for Counterterrorism and
Cyber Crime, Norwich University, Northfield, Vermont:
Provided, That not to exceed 3 percent of the amounts provided
under this heading may be transferred to the Federal Emergency
Management Agency ‘‘Management and Administration’’ account
for program administration, and an expenditure plan for program
administration shall be provided to the Committees on Appropriations of the Senate and the House of Representatives within 60
days of the date of enactment of this Act: Provided further, That
for grants under paragraphs (1) through (5), the applications for
grants shall be made available to eligible applicants not later than
25 days after the date of enactment of this Act, that eligible
applicants shall submit applications not later than 90 days after
the grant announcement, and that the Administrator of the Federal
Emergency Management Agency shall act within 90 days after
receipt of an application: Provided further, That for grants under
paragraphs (6) through (10) and (12), the applications for grants
shall be made available to eligible applicants not later than 30
days after the date of enactment of this Act, that eligible applicants
shall submit applications within 45 days after the grant announcement, and that the Federal Emergency Management Agency shall
act not later than 60 days after receipt of an application: Provided
further, That for grants under paragraphs (1) and (2), the installation of communications towers is not considered construction of
a building or other physical facility: Provided further, That grantees
shall provide reports on their use of funds, as determined necessary

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122 STAT. 3673

by the Secretary: Provided further, That (a) the Center for Domestic
Preparedness may provide training to emergency response providers
from the Federal Government, foreign governments, or private entities, if the Center for Domestic Preparedness is reimbursed for
the cost of such training, and any reimbursement under this subsection shall be credited to the account from which the expenditure
being reimbursed was made and shall be available, without fiscal
year limitation, for the purposes for which amounts in the account
may be expended, (b) the head of the Center for Domestic Preparedness shall ensure that any training provided under (a) does not
interfere with the primary mission of the Center to train State
and local emergency response providers: Provided further, That
the Government Accountability Office shall report to the Committees on Appropriations of the Senate and the House of Representatives regarding the data, assumptions, and methodology that the
Department of Homeland Security uses to assess risk and allocate
grants under the Urban Area Security Initiative and State Homeland Security Grant Program not later than 45 days after the
date of enactment of this Act: Provided further, That the report
shall include an assessment of the reliability and validity of the
data used, the basis for the assumptions used, how the methodology
is applied to determine the risk scores for individual locations,
an analysis of the usefulness of placing States and cities into
tier groups, and the allocation of grants to eligible locations: Provided further, That the Department provide the Government
Accountability Office with the actual data that the Department
used for its risk assessment and grant allocation: Provided further,
That the Department provide the Government Accountability Office
with access to all data needed for its analysis and report, including
specifics on all changes for the fiscal year 2009 process, including,
but not limited to, all changes in data, assumptions, and weights
used in methodology within 7 days after the date of enactment
of this Act: Provided further, That any subsequent changes made
regarding the risk methodology after the initial information is provided to the Government Accountability Office shall be provided
within 7 days after the change is made.

Reports.
Deadline.

Deadline.

Deadline.

FIREFIGHTER ASSISTANCE GRANTS

For necessary expenses for programs authorized by the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.),
$775,000,000, of which $565,000,000 shall be available to carry
out section 33 of that Act (15 U.S.C. 2229) and $210,000,000 shall
be available to carry out section 34 of that Act (15 U.S.C. 2229a),
to remain available until September 30, 2010: Provided, That not
to exceed 5 percent of the amount available under this heading
shall be available for program administration, and an expenditure
plan for program administration shall be provided to the Committees on Appropriations of the Senate and the House of Representatives within 60 days of the date of enactment of this Act.

Expenditure
plan.
Deadline.

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EMERGENCY MANAGEMENT PERFORMANCE GRANTS

For necessary expenses for emergency management performance grants, as authorized by the National Flood Insurance Act
of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701

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PUBLIC LAW 110–329—SEPT. 30, 2008

et seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.),
$315,000,000: Provided, That total administrative costs shall not
exceed 3 percent of the total amount appropriated under this
heading.
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

The aggregate charges assessed during fiscal year 2009, as
authorized in title III of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less than 100
percent of the amounts anticipated by the Department of Homeland
Security necessary for its radiological emergency preparedness program for the next fiscal year: Provided, That the methodology
for assessment and collection of fees shall be fair and equitable
and shall reflect costs of providing such services, including administrative costs of collecting such fees: Provided further, That fees
received under this heading shall be deposited in this account
as offsetting collections and will become available for authorized
purposes on October 1, 2009, and remain available until expended.
UNITED STATES FIRE ADMINISTRATION

For necessary expenses of the United States Fire Administration and for other purposes, as authorized by the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.) and
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.),
$44,979,000.
DISASTER RELIEF
(INCLUDING TRANSFER OF FUNDS)

Expenditure
plan.
Deadline.

Deadlines.
Reports.

Implementation
plan.

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Reports.

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For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), $1,400,000,000, to remain available until expended: Provided, That the Federal Emergency Management Agency shall
submit an expenditure plan to the Committees on Appropriations
of the Senate and the House of Representatives detailing the use
of the funds for disaster readiness and support within 60 days
after the date of enactment of this Act: Provided further, That
the Federal Emergency Management Agency shall provide a quarterly report detailing obligations against the expenditure plan and
a justification for any changes in spending: Provided further, That
of the total amount provided, $16,000,000 shall be transferred to
the Department of Homeland Security Office of Inspector General
for audits and investigations related to disasters, subject to section
503 of this Act: Provided further, That up to $105,600,000 may
be transferred to Federal Emergency Management Agency ‘‘Management and Administration’’ for management and administration
functions: Provided further, That the amount provided in the previous proviso shall not be available for transfer to ‘‘Management
and Administration’’ until the Federal Emergency Management
Agency submits an implementation plan to the Committees on
Appropriations of the Senate and the House of Representatives:
Provided further, That the Federal Emergency Management Agency
shall submit the monthly ‘‘Disaster Relief’’ report, as specified in
Public Law 110–161, to the Committees on Appropriations of the

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122 STAT. 3675

Senate and the House of Representatives, and include the amounts
provided to each Federal agency for mission assignments: Provided
further, That for any request for reimbursement from a Federal
agency to the Department of Homeland Security to cover expenditures under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), or any mission assignment
orders issued by the Department for such purposes, the Secretary
of Homeland Security shall take appropriate steps to ensure that
each agency is periodically reminded of Department policies on—
(1) the detailed information required in supporting documentation for reimbursements; and
(2) the necessity for timeliness of agency billings.
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

For activities under section 319 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5162),
$295,000 is for the cost of direct loans: Provided, That gross obligations for the principal amount of direct loans shall not exceed
$25,000,000: Provided further, That the cost of modifying such
loans shall be as defined in section 502 of the Congressional Budget
Act of 1974 (2 U.S.C. 661a).
FLOOD MAP MODERNIZATION FUND

For necessary expenses under section 1360 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4101), $220,000,000, and
such additional sums as may be provided by State and local governments or other political subdivisions for cost-shared mapping activities under section 1360(f)(2) of such Act (42 U.S.C. 4101(f)(2)),
to remain available until expended: Provided, That total administrative costs shall not exceed 3 percent of the total amount appropriated under this heading.

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NATIONAL FLOOD INSURANCE FUND

For activities under the National Flood Insurance Act of 1968
(42 U.S.C. 4001 et seq.), and the Flood Disaster Protection Act
of 1973 (42 U.S.C. 4001 et seq.), $156,599,000, which shall be
derived from offsetting collections assessed and collected under
section 1308(d) of the National Flood Insurance Act of 1968 (42
U.S.C. 4015(d)), which is available as follows: (1) not to exceed
$49,418,000 for salaries and expenses associated with flood mitigation and flood insurance operations; and (2) no less than
$107,181,000 for flood plain management and flood mapping, which
shall remain available until September 30, 2010: Provided, That
any additional fees collected pursuant to section 1308(d) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall
be credited as an offsetting collection to this account, to be available
for flood plain management and flood mapping: Provided further,
That in fiscal year 2009, no funds shall be available from the
National Flood Insurance Fund under section 1310 of that Act
(42 U.S.C. 4017) in excess of: (1) $85,000,000 for operating expenses;
(2) $869,905,000 for commissions and taxes of agents; (3) such
sums as are necessary for interest on Treasury borrowings; and
(4) $125,700,000, which shall remain available until expended for
flood mitigation actions, of which $80,000,000 is for severe repetitive
loss properties under section 1361A of the National Flood Insurance

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PUBLIC LAW 110–329—SEPT. 30, 2008

Act of 1968 (42 U.S.C. 4102a), of which $10,000,000 is for repetitive
insurance claims properties under section 1323 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4030), and of which
$35,700,000 is for flood mitigation assistance under section 1366
of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c)
notwithstanding subparagraphs (B) and (C) of subsection (b)(3)
and subsection (f) of section 1366 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4104c) and notwithstanding subsection (a)(7)
of section 1310 of the National Flood Insurance Act of 1968 (42
U.S.C. 4017): Provided further, That amounts collected under section 102 of the Flood Disaster Protection Act of 1973 and section
1366(i) of the National Flood Insurance Act of 1968 shall be deposited in the National Flood Insurance Fund to supplement other
amounts specified as available for section 1366 of the National
Flood Insurance Act of 1968, notwithstanding 42 U.S.C. 4012a(f)(8),
4104c(i), and 4104d(b)(2)-(3): Provided further, That total administrative costs shall not exceed 4 percent of the total appropriation.
NATIONAL PREDISASTER MITIGATION FUND

For the predisaster mitigation grant program under section
203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133), $90,000,000, to remain available until
expended and as detailed in the statement accompanying this Act:
Provided, That the total administrative costs associated with such
grants shall not exceed 3 percent of the total amount made available
under this heading.
EMERGENCY FOOD AND SHELTER

To carry out the emergency food and shelter program pursuant
to title III of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11331 et seq.), $200,000,000, to remain available until
expended: Provided, That total administrative costs shall not exceed
3.5 percent of the total amount made available under this heading.
CERRO GRANDE FIRE CLAIMS

(RESCISSION

OF FUNDS)

Of the funds made available under this heading for obligation
in prior years, $9,000,000 are rescinded.
TITLE IV
RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

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UNITED STATES CITIZENSHIP

AND IMMIGRATION

SERVICES

For necessary expenses for citizenship and immigration services, $101,740,000, of which $100,000,000 is for the E-Verify program to assist United States employers with maintaining a legal
workforce: Provided, That notwithstanding any other provision of
law, funds available to United States Citizenship and Immigration
Services may be used to acquire, operate, equip, dispose of and
replace up to five vehicles, of which two are for replacement only,
for areas where the Administrator of General Services does not
provide vehicles for lease: Provided further, That the Director of

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122 STAT. 3677

United States Citizenship and Immigration Services may authorize
employees who are assigned to those areas to use such vehicles
between the employees’ residences and places of employment.
FEDERAL LAW ENFORCEMENT TRAINING CENTER
SALARIES AND EXPENSES

For necessary expenses of the Federal Law Enforcement
Training Center, including materials and support costs of Federal
law enforcement basic training; the purchase of not to exceed 117
vehicles for police-type use and hire of passenger motor vehicles;
expenses for student athletic and related activities; the conduct
of and participation in firearms matches and presentation of
awards; public awareness and enhancement of community support
of law enforcement training; room and board for student interns;
a flat monthly reimbursement to employees authorized to use personal mobile phones for official duties; and services as authorized
by section 3109 of title 5, United States Code; $246,530,000, of
which up to $48,611,000 shall remain available until September
30, 2010, for materials and support costs of Federal law enforcement
basic training; of which $300,000 shall remain available until
expended for Federal law enforcement agencies participating in
training accreditation, to be distributed as determined by the Federal Law Enforcement Training Center for the needs of participating
agencies; and of which not to exceed $12,000 shall be for official
reception and representation expenses: Provided, That the Center
is authorized to obligate funds in anticipation of reimbursements
from agencies receiving training sponsored by the Center, except
that total obligations at the end of the fiscal year shall not exceed
total budgetary resources available at the end of the fiscal year:
Provided further, That section 1202(a) of Public Law 107–206 (42
U.S.C. 3771 note), as amended by Public Law 110–161 (121 Stat.
2068), is further amended by striking ‘‘December 31, 2010’’ and
inserting ‘‘December 31, 2011’’: Provided further, That the Federal
Law Enforcement Training Accreditation Board, including representatives from the Federal law enforcement community and
non-Federal accreditation experts involved in law enforcement
training, shall lead the Federal law enforcement training accreditation process to continue the implementation of measuring and
assessing the quality and effectiveness of Federal law enforcement
training programs, facilities, and instructors: Provided further, That
the Director of the Federal Law Enforcement Training Center shall
schedule basic or advanced law enforcement training, or both, at
all four training facilities under the control of the Federal Law
Enforcement Training Center to ensure that such training facilities
are operated at the highest capacity throughout the fiscal year.

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ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED
EXPENSES

For acquisition of necessary additional real property and facilities, construction, and ongoing maintenance, facility improvements,
and related expenses of the Federal Law Enforcement Training
Center, $86,456,000, to remain available until expended: Provided,
That the Center is authorized to accept reimbursement to this
appropriation from government agencies requesting the construction
of special use facilities: Provided further, That $3,000,000 is for

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PUBLIC LAW 110–329—SEPT. 30, 2008

construction of training and related facilities at Artesia, New
Mexico.
SCIENCE

AND

TECHNOLOGY

MANAGEMENT AND ADMINISTRATION

For salaries and expenses of the Office of the Under Secretary
for Science and Technology and for management and administration
of programs and activities, as authorized by title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.), $132,100,000:
Provided, That not to exceed $10,000 shall be for official reception
and representation expenses.
RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

Risk assessment.

Deadline.

For necessary expenses for science and technology research,
including advanced research projects; development; test and evaluation; acquisition; and operations; as authorized by title III of the
Homeland Security Act of 2002 (6 U.S.C. 181 et seq.); $800,487,000,
to remain available until expended: Provided, That not less than
$27,000,000 shall be available for the Southeast Region Research
Initiative at the Oak Ridge National Laboratory: Provided further,
That not less than $3,000,000 shall be available for Distributed
Environment for Critical Infrastructure Decisionmaking Exercises:
Provided further, That of the amount provided, $25,000,000 is for
construction expenses of the Pacific Northwest National Laboratory:
Provided further, That not less than $11,000,000 shall be available
for the National Institute for Hometown Security: Provided further,
That not less than $2,000,000 shall be available for the Naval
Postgraduate School: Provided further, That not less than
$2,000,000 shall be available to establish a homeland security
research, development, and manufacturing pilot project: Provided
further, That none of the funds made available under this heading
shall be obligated for a follow-on program to the Analysis, Dissemination, Visualization, Insight, and Semantic Enhancement program:
Provided further, That none of the funds available under this
heading shall be obligated for construction of a National Bio and
Agro-defense Facility located on the United States mainland until
the Secretary of Homeland Security completes a risk assessment
of whether foot-and-mouth disease work can be done safely on
the United States mainland and this assessment is reviewed by
the Government Accountability Office: Provided further, That the
Government Accountability Office shall complete its review within
6 months after the Department concludes the risk assessment.
DOMESTIC NUCLEAR DETECTION OFFICE

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MANAGEMENT AND ADMINISTRATION

For salaries and expenses of the Domestic Nuclear Detection
Office as authorized by title XIX of the Homeland Security Act
of 2002 (6 U.S.C. 591 et seq.) for management and administration
of programs and activities, $37,500,000: Provided, That not to
exceed $3,000 shall be for official reception and representation
expenses.

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122 STAT. 3679

RESEARCH, DEVELOPMENT, AND OPERATIONS

For necessary expenses for radiological and nuclear research,
development, testing, evaluation, and operations, $323,200,000, to
remain available until expended.
SYSTEMS ACQUISITION

For expenses for the Domestic Nuclear Detection Office acquisition and deployment of radiological detection systems in accordance
with the global nuclear detection architecture, $153,491,000, to
remain available until September 30, 2011: Provided, That none
of the funds appropriated under this heading shall be obligated
for full-scale procurement of Advanced Spectroscopic Portal monitors until the Secretary of Homeland Security submits to the
Committees on Appropriations of the Senate and the House of
Representatives a report certifying that a significant increase in
operational effectiveness will be achieved: Provided further, That
the Secretary shall submit separate and distinct certifications prior
to the procurement of Advanced Spectroscopic Portal monitors for
primary and secondary deployment that address the unique requirements for operational effectiveness of each type of deployment:
Provided further, That the Secretary shall consult with the National
Academy of Sciences before making such certifications: Provided
further, That none of the funds appropriated under this heading
shall be used for high-risk concurrent development and production
of mutually dependent software and hardware.

Reports.
Certification.

Certifications.

Consultation.

TITLE V
GENERAL PROVISIONS

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(INCLUDING

RESCISSIONS OF FUNDS)

SEC. 501. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 502. Subject to the requirements of section 503 of this
Act, the unexpended balances of prior appropriations provided for
activities in this Act may be transferred to appropriation accounts
for such activities established pursuant to this Act, may be merged
with funds in the applicable established accounts, and thereafter
may be accounted for as one fund for the same time period as
originally enacted.
SEC. 503. (a) None of the funds provided by this Act, provided
by previous appropriations Acts to the agencies in or transferred
to the Department of Homeland Security that remain available
for obligation or expenditure in fiscal year 2009, or provided from
any accounts in the Treasury of the United States derived by
the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates a new program, project,
or activity; (2) eliminates a program, project, office, or activity;
(3) increases funds for any program, project, or activity for which
funds have been denied or restricted by the Congress; (4) proposes
to use funds directed for a specific activity by either of the Committees on Appropriations of the Senate or the House of Representatives for a different purpose; or (5) contracts out any function

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Notifications.
Deadlines.

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Reports.

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31 USC 501 note.

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or activity for which funding levels were requested for Federal
full-time equivalents in the object classification tables contained
in the fiscal year 2009 Budget Appendix for the Department of
Homeland Security, as modified by the explanatory statement
accompanying this Act, unless the Committees on Appropriations
of the Senate and the House of Representatives are notified 15
days in advance of such reprogramming of funds.
(b) None of the funds provided by this Act, provided by previous
appropriations Acts to the agencies in or transferred to the Department of Homeland Security that remain available for obligation
or expenditure in fiscal year 2009, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees or proceeds available to the agencies funded by this Act,
shall be available for obligation or expenditure for programs,
projects, or activities through a reprogramming of funds in excess
of $5,000,000 or 10 percent, whichever is less, that: (1) augments
existing programs, projects, or activities; (2) reduces by 10 percent
funding for any existing program, project, or activity, or numbers
of personnel by 10 percent as approved by the Congress; or (3)
results from any general savings from a reduction in personnel
that would result in a change in existing programs, projects, or
activities as approved by the Congress, unless the Committees
on Appropriations of the Senate and the House of Representatives
are notified 15 days in advance of such reprogramming of funds.
(c) Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the Department of Homeland Security
by this Act or provided by previous appropriations Acts may be
transferred between such appropriations, but no such appropriation,
except as otherwise specifically provided, shall be increased by
more than 10 percent by such transfers: Provided, That any transfer
under this section shall be treated as a reprogramming of funds
under subsection (b) and shall not be available for obligation unless
the Committees on Appropriations of the Senate and the House
of Representatives are notified 15 days in advance of such transfer.
(d) Notwithstanding subsections (a), (b), and (c) of this section,
no funds shall be reprogrammed within or transferred between
appropriations after June 30, except in extraordinary circumstances
that imminently threaten the safety of human life or the protection
of property.
(e) Within 90 days after the date of enactment of this Act,
the Secretary of Homeland Security shall submit to the Committees
on Appropriations of the Senate and the House of Representatives
a report listing all dollar amounts specified in this Act and accompanying explanatory statement that are identified in the detailed
funding table at the end of the explanatory statement accompanying
this Act or any other amounts specified in this Act or accompanying
explanatory statement: Provided, That such dollar amounts specified in this Act and accompanying explanatory statement shall
be subject to the conditions and requirements of subsections (a),
(b), and (c) of this section.
SEC. 504. The Department of Homeland Security Working Capital Fund, established pursuant to section 403 of Public Law 103–
356 (31 U.S.C. 501 note), shall continue operations as a permanent
working capital fund for fiscal year 2009: Provided, That none
of the funds appropriated or otherwise made available to the Department of Homeland Security may be used to make payments to
the Working Capital Fund, except for the activities and amounts

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122 STAT. 3681

allowed in the President’s fiscal year 2009 budget: Provided further,
That funds provided to the Working Capital Fund shall be available
for obligation until expended to carry out the purposes of the
Working Capital Fund: Provided further, That all departmental
components shall be charged only for direct usage of each Working
Capital Fund service: Provided further, That funds provided to
the Working Capital Fund shall be used only for purposes consistent
with the contributing component: Provided further, That such fund
shall be paid in advance or reimbursed at rates which will return
the full cost of each service: Provided further, That the Working
Capital Fund shall be subject to the requirements of section 503
of this Act.
SEC. 505. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining available
at the end of fiscal year 2009 from appropriations for salaries
and expenses for fiscal year 2009 in this Act shall remain available
through September 30, 2010, in the account and for the purposes
for which the appropriations were provided: Provided, That prior
to the obligation of such funds, a request shall be submitted to
the Committees on Appropriations of the Senate and the House
of Representatives for approval in accordance with section 503
of this Act.
SEC. 506. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress
for purposes of section 504 of the National Security Act of 1947
(50 U.S.C. 414) during fiscal year 2009 until the enactment of
an Act authorizing intelligence activities for fiscal year 2009.
SEC. 507. None of the funds made available by this Act may
be used to make a grant allocation, discretionary grant award,
discretionary contract award, or to issue a letter of intent totaling
in excess of $1,000,000, or to announce publicly the intention to
make such an award, including a contract covered by the Federal
Acquisition Regulation, unless the Secretary of Homeland Security
notifies the Committees on Appropriations of the Senate and the
House of Representatives at least 3 full business days in advance
of making such an award or issuing such a letter: Provided, That
if the Secretary of Homeland Security determines that compliance
with this section would pose a substantial risk to human life,
health, or safety, an award may be made without notification and
the Committees on Appropriations of the Senate and the House
of Representatives shall be notified not later than 5 full business
days after such an award is made or letter issued: Provided further,
That no notification shall involve funds that are not available
for obligation: Provided further, That the notification shall include
the amount of the award, the fiscal year in which the funds for
the award were appropriated, and the account from which the
funds are being drawn: Provided further, That the Federal Emergency Management Agency shall brief the Committees on Appropriations of the Senate and the House of Representatives 5 full
business days in advance of announcing publicly the intention of
making an award under the State Homeland Security Grant Program; Urban Area Security Initiative; and the Regional Catastrophic Preparedness Grant Program.
SEC. 508. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without the advance

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Approval request.

Grants.
Notification.
Deadline.

Notification.
Deadline.

Briefing.
Deadline.

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Applicability.

Certification.
Reports.
Test phase.
Air carriers.

Deadlines.

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Plan.

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approval of the Committees on Appropriations of the Senate and
the House of Representatives, 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. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus
otherwise required under chapter 33 of title 40, United States
Code, has not been approved, except that necessary funds may
be expended for each project for required expenses for the development of a proposed prospectus.
SEC. 510. Sections 519, 520, 522, 528, 530, and 531 of the
Department of Homeland Security Appropriations Act, 2008 (division E of Public Law 110–161; 121 Stat. 2072, 2073, 2074, 2082)
shall apply with respect to funds made available in this Act in
the same manner as such sections applied to funds made available
in that Act.
SEC. 511. None of the funds in this Act may be used in contravention of the applicable provisions of the Buy American Act
(41 U.S.C. 10a et seq.).
SEC. 512. (a) None of the funds provided by this or previous
appropriations Acts may be obligated for deployment or implementation, on other than a test basis, of the Secure Flight program
or any other follow-on or successor passenger prescreening program,
until the Secretary of Homeland Security certifies, and the Government Accountability Office reports, to the Committees on Appropriations of the Senate and the House of Representatives, that all
ten of the conditions contained in paragraphs (1) through (10)
of section 522(a) of Public Law 108–334 (118 Stat. 1319) have
been successfully met.
(b) The report required by subsection (a) shall be submitted
within 90 days after the Secretary provides the requisite certification, and periodically thereafter, if necessary, until the Government Accountability Office confirms that all ten conditions have
been successfully met.
(c) Within 90 days after the date of enactment of this Act,
the Secretary of Homeland Security shall submit to the Committees
on Appropriations of the Senate and the House of Representatives
a detailed plan that describes: (1) the dates for achieving key
milestones, including the date or timeframes that the Secretary
will certify the program under subsection (a); and (2) the methodology to be followed to support the Secretary’s certification, as
required under subsection (a).
(d) During the testing phase permitted by subsection (a), no
information gathered from passengers, foreign or domestic air carriers, or reservation systems may be used to screen aviation passengers, or delay or deny boarding to such passengers, except in
instances where passenger names are matched to a Government
watch list.
(e) None of the funds provided in this or previous appropriations
Acts may be utilized to develop or test algorithms assigning risk
to passengers whose names are not on Government watch lists.
(f) None of the funds provided in this or any other Act may
be used for data or a database that is obtained from or remains
under the control of a non-Federal entity: Provided, That this

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122 STAT. 3683

restriction shall not apply to Passenger Name Record data obtained
from air carriers.
SEC. 513. None of the funds made available in this Act may
be used to amend the oath of allegiance required by section 337
of the Immigration and Nationality Act (8 U.S.C. 1448).
SEC. 514. None of the funds appropriated by this Act may
be used to process or approve a competition under Office of Management and Budget Circular A–76 for services provided as of June
1, 2004, by employees (including employees serving on a temporary
or term basis) of United States Citizenship and Immigration Services of the Department of Homeland Security who are known as
of that date as Immigration Information Officers, Contact Representatives, or Investigative Assistants.
SEC. 515. (a) The Secretary of Homeland Security shall
research, develop, and procure new technologies to inspect and
screen air cargo carried on passenger aircraft by the earliest date
possible.
(b) Existing checked baggage explosive detection equipment
and screeners shall be utilized to screen air cargo carried on passenger aircraft to the greatest extent practicable at each airport
until technologies developed under subsection (a) are available.
(c) The Assistant Secretary of Homeland Security (Transportation Security Administration) shall work with air carriers and
airports to ensure that the screening of cargo carried on passenger
aircraft, as defined in section 44901(g)(5) of title 49, United States
Code, increases incrementally each quarter.
(d) Not later than 45 days after the end of each quarter,
the Assistant Secretary shall submit to the Committees on Appropriations of the Senate and the House of Representatives a report
on air cargo inspection statistics by airport and air carrier detailing
the incremental progress being made to meet the requirements
of section 44901(g)(2) of title 49, United States Code.
SEC. 516. Except as provided in section 44945 of title 49,
United States Code, funds appropriated or transferred to Transportation Security Administration ‘‘Aviation Security’’, ‘‘Administration’’ and ‘‘Transportation Security Support’’ for fiscal years 2004,
2005, 2006, and 2007 that are recovered or deobligated shall be
available only for the procurement or installation of explosives
detection systems, for air cargo, baggage, and checkpoint screening
systems, subject to notification: Provided, That quarterly reports
shall be submitted to the Committees on Appropriations of the
Senate and the House of Representatives on any funds that are
recovered or deobligated.
SEC. 517. Any funds appropriated to United States Coast
Guard, ‘‘Acquisition, Construction, and Improvements’’ for fiscal
years 2002, 2003, 2004, 2005, and 2006 for the 110–123 foot patrol
boat conversion that are recovered, collected, or otherwise received
as the result of negotiation, mediation, or litigation, shall be available until expended for the Replacement Patrol Boat (FRC-B) program.
SEC. 518. (a)(1) Except as provided in paragraph (2), none
of the funds provided in this or any other Act shall be available
to commence or continue operations of the National Applications
Office until—
(A) the Secretary certifies in fiscal year 2009 that: (i)
National Applications Office programs comply with all existing

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Deadlines.
Reports.

Deadlines.
Reports.

Notification.

Certification.

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Deadlines.
Reports.
5 USC app. 8I
note.

Certification.
Notification.

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laws, including all applicable privacy and civil liberties standards; and, (ii) that clear definitions of all proposed domains
are established and are auditable;
(B) the Comptroller General of the United States notifies
the Committees on Appropriations of the Senate and the House
of Representatives and the Secretary that the Comptroller has
reviewed such certification; and
(C) the Secretary notifies the Committees of all funds to
be expended on the National Applications Office pursuant to
section 503 of this Act.
(2) Paragraph (1) shall not apply with respect to any use
of funds for activities substantially similar to such activities conducted by the Department of the Interior as set forth in the 1975
charter for the Civil Applications Committee under the provisions
of law codified at section 31 of title 43, United States Code.
(b) The Inspector General shall provide to the Committees
on Appropriations of the Senate and the House of Representatives,
starting six months after the date of enactment of this Act, and
quarterly thereafter, a classified report containing a review of the
data collected by the National Applications Office, including a
description of the collection purposes and the legal authority under
which the collection activities were authorized: Provided, That the
report shall also include a listing of all data collection activities
carried out on behalf of the National Applications Office by any
component of the National Guard.
(c) None of the funds provided in this or any other Act shall
be available to commence operations of the National Immigration
Information Sharing Operation until the Secretary certifies that
such program complies with all existing laws, including all
applicable privacy and civil liberties standards, the Comptroller
General of the United States notifies the Committees on Appropriations of the Senate and the House of Representatives and the
Secretary that the Comptroller has reviewed such certification,
and the Secretary notifies the Committees on Appropriations of
the Senate and the House of Representatives of all funds to be
expended on the National Immigration Information Sharing Operation pursuant to section 503.
SEC. 519. Within 45 days after the close of each month, the
Chief Financial Officer of the Department of Homeland Security
shall submit to the Committees on Appropriations of the Senate
and the House of Representatives a monthly budget and staffing
report that includes total obligations, on-board versus funded fulltime equivalent staffing levels, and the number of contract
employees by office.
SEC. 520. Section 532(a) of Public Law 109–295 (120 Stat.
1384) is amended by striking ‘‘2008’’ and inserting ‘‘2009’’.
SEC. 521. The functions of the Federal Law Enforcement
Training Center instructor staff shall be classified as inherently
governmental for the purpose of the Federal Activities Inventory
Reform Act of 1998 (31 U.S.C. 501 note).
SEC. 522. (a) None of the funds provided by this or any other
Act may be obligated for the development, testing, deployment,
or operation of any portion of a human resources management
system authorized by 5 U.S.C. 9701(a), or by regulations prescribed
pursuant to such section, for an employee as defined in 5 U.S.C.
7103(a)(2).

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122 STAT. 3685

(b) The Secretary of Homeland Security shall collaborate with
employee representatives in the manner prescribed in 5 U.S.C.
9701(e), in the planning, testing, and development of any portion
of a human resources management system that is developed, tested,
or deployed for persons excluded from the definition of employee
as that term is defined in 5 U.S.C. 7103(a)(2).
SEC. 523. In fiscal year 2009, none of the funds made available
in this or any other Act may be used to enforce section 4025(1)
of Public Law 108–458 unless the Assistant Secretary of Homeland
Security (Transportation Security Administration) reverses the
determination of July 19, 2007, that butane lighters are not a
significant threat to civil aviation security.
SEC. 524. Funds made available in this Act may be used to
alter operations within the Civil Engineering Program of the Coast
Guard nationwide, including civil engineering units, facilities design
and construction centers, maintenance and logistics commands, and
the Coast Guard Academy, except that none of the funds provided
in this Act may be used to reduce operations within any Civil
Engineering Unit unless specifically authorized by a statute enacted
after the date of the enactment of this Act.
SEC. 525. (a) Except as provided in subsection (b), none of
the funds appropriated in this or any other Act to the Office of
the Secretary and Executive Management, the Office of the Under
Secretary for Management, or the Office of the Chief Financial
Officer, may be obligated for a grant or contract funded under
such headings by a means other than full and open competition.
(b) Subsection (a) does not apply to obligation of funds for
a contract awarded—
(1) by a means that is required by a Federal statute,
including obligation for a purchase made under a mandated
preferential program, such as the AbilityOne Program, that
is authorized under the Javits-Wagner-O’Day Act (41 U.S.C.
46 et seq.);
(2) under the Small Business Act (15 U.S.C. 631 et seq.);
(3) in an amount less than the simplified acquisition
threshold described under section 302A(a) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C.
252a(a)); or
(4) by another Federal agency using funds provided through
an interagency agreement.
(c)(1) Subject to paragraph (2), the Secretary of Homeland
Security may waive the application of this section for the award
of a contract in the interest of national security or if failure to
do so would pose a substantial risk to human health or welfare.
(2) Not later than 5 days after the date on which the Secretary
of Homeland Security issues a waiver under this subsection, the
Secretary shall submit notification of that waiver to the Committees
on Appropriations of the Senate and the House of Representatives,
including a description of the applicable contract and an explanation
of why the waiver authority was used. The Secretary may not
delegate the authority to grant such a waiver.
(d) In addition to the requirements established by this section,
the Inspector General for the Department of Homeland Security
shall review departmental contracts awarded through other than
full and open competition to assess departmental compliance with
applicable laws and regulations: Provided, That the Inspector General shall review selected contracts awarded in the previous fiscal

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Grants.
Contracts.

Waiver authority.

Deadline.
Notification.

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Reports.

Certification.

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year through other than full and open competition: Provided further,
That in determining which contracts to review, the Inspector General shall consider the cost and complexity of the goods and services
to be provided under the contract, the criticality of the contract
to fulfilling Department missions, past performance problems on
similar contracts or by the selected vendor, complaints received
about the award process or contractor performance, and such other
factors as the Inspector General deems relevant: Provided further,
That the Inspector General shall report the results of the reviews
to the Committees on Appropriations of the Senate and the House
of Representatives.
SEC. 526. None of the funds provided by this or previous appropriations Acts shall be used to fund any position designated as
a Principal Federal Official for any Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
declared disasters or emergencies.
SEC. 527. None of the funds made available in this Act may
be used by United States Citizenship and Immigration Services
to grant an immigration benefit unless the results of background
checks required by law to be completed prior to the granting of
the benefit have been received by United States Citizenship and
Immigration Services, and the results do not preclude the granting
of the benefit.
SEC. 528. None of the funds made available in this Act may
be used to destroy or put out to pasture any horse or other equine
belonging to the Federal Government that has become unfit for
service, unless the trainer or handler is first given the option
to take possession of the equine through an adoption program
that has safeguards against slaughter and inhumane treatment.
SEC. 529. None of the funds provided in this Act shall be
available to carry out section 872 of Public Law 107–296.
SEC. 530. None of the funds provided in this Act under the
heading ‘‘Office of the Chief Information Officer’’ shall be used
for data center development other than for the National Center
for Critical Information Processing and Storage until the Chief
Information Officer certifies that the National Center for Critical
Information Processing and Storage is fully utilized as the Department’s primary data storage center at the highest capacity throughout the fiscal year.
SEC. 531. None of the funds in this Act shall be used to
reduce the United States Coast Guard’s Operations Systems Center
mission or its government-employed or contract staff levels.
SEC. 532. None of the funds appropriated by this Act may
be used to conduct, or to implement the results of, a competition
under Office of Management and Budget Circular A–76 for activities
performed with respect to the Coast Guard National Vessel Documentation Center.
SEC. 533. The Secretary of Homeland Security shall require
that all contracts of the Department of Homeland Security that
provide award fees link such fees to successful acquisition outcomes
(which outcomes shall be specified in terms of cost, schedule, and
performance).
SEC. 534. None of the funds made available to the Office of
the Secretary and Executive Management under this Act may be
expended for any new hires by the Department of Homeland Security that are not verified through the basic pilot program under

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PUBLIC LAW 110–329—SEPT. 30, 2008

122 STAT. 3687

section 401 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note).
SEC. 535. None of the funds made available in this Act for
U.S. Customs and Border Protection may be used to prevent an
individual not in the business of importing a prescription drug
(within the meaning of section 801(g) of the Federal Food, Drug,
and Cosmetic Act) from importing a prescription drug from Canada
that complies with the Federal Food, Drug, and Cosmetic Act:
Provided, That this section shall apply only to individuals transporting on their person a personal-use quantity of the prescription
drug, not to exceed a 90-day supply: Provided further, That the
prescription drug may not be—
(1) a controlled substance, as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
SEC. 536. None of the funds made available in this Act may
be used by the Secretary of Homeland Security or any delegate
of the Secretary to issue any rule or regulation which implements
the Notice of Proposed Rulemaking related to Petitions for Aliens
To Perform Temporary Nonagricultural Services or Labor (H–2B)
set out beginning on 70 Fed. Reg. 3984 (January 27, 2005).
SEC. 537. Section 831 of the Homeland Security Act of 2002
(6 U.S.C. 391) is amended—
(1) in subsection (a), by striking ‘‘Until September 30,
2008,’’ and inserting ‘‘Until September 30, 2009 and subject
to subsection (d),’’;
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following:
‘‘(d) ADDITIONAL REQUIREMENTS.—
‘‘(1) IN GENERAL.—The authority of the Secretary under
this section shall terminate September 30, 2009, unless before
that date the Secretary—
‘‘(A) issues policy guidance detailing the appropriate
use of that authority; and
‘‘(B) provides training to each employee that is authorized to exercise that authority.
‘‘(2) REPORT.—The Secretary shall provide an annual report
to the Committees on Appropriations of the Senate and the
House of Representatives, the Committee on Homeland Security
and Governmental Affairs of the Senate, and the Committee
on Homeland Security of the House of Representatives detailing
the projects for which the authority granted by subsection
(a) was used, the rationale for its use, the funds spent using
that authority, the outcome of each project for which that
authority was used, and the results of any audits of such
projects.’’.
SEC. 538. None of the funds made available in this Act may
be used for planning, testing, piloting, or developing a national
identification card.
SEC. 539. (a) Notwithstanding any other provision of this Act,
except as provided in subsection (b), and 30 days after the date
that the President determines whether to declare a major disaster
because of an event and any appeal is completed, the Administrator
shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security
of the House of Representatives, the Committee on Transportation

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Drugs and drug
abuse.

Applicability.

Termination
date.

Deadline.
President.
Web site.
Reports.

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122 STAT. 3688

New York.

Notification.
Deadline.

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and Infrastructure of the House of Representatives, the Committees
on Appropriations of the Senate and the House of Representatives,
and publish on the website of the Federal Emergency Management
Agency, a report regarding that decision, which shall summarize
damage assessment information used to determine whether to
declare a major disaster.
(b) The Administrator may redact from a report under subsection (a) any data that the Administrator determines would compromise national security.
(c) In this section—
(1) the term ‘‘Administrator’’ means the Administrator of
the Federal Emergency Management Agency; and
(2) the term ‘‘major disaster’’ has the meaning given that
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).
SEC. 540. Notwithstanding any other provision of law, should
the Secretary of Homeland Security determine that the National
Bio and Agro-defense Facility be located at a site other than Plum
Island, New York, the Secretary shall liquidate the Plum Island
asset by directing the Administrator of General Services to sell
through public sale all real and related personal property and
transportation assets which support Plum Island operations, subject
to such terms and conditions as necessary to protect government
interests and meet program requirements: Provided, That the gross
proceeds of such sale shall be deposited as offsetting collections
into the Department of Homeland Security Science and Technology
‘‘Research, Development, Acquisition, and Operations’’ account and,
subject to appropriation, shall be available until expended, for site
acquisition, construction, and costs related to the construction of
the National Bio and Agro-defense Facility, including the costs
associated with the sale, including due diligence requirements, necessary environmental remediation at Plum Island, and reimbursement of expenses incurred by the General Services Administration
which shall not exceed 1 percent of the sale price: Provided further,
That after the completion of construction and environmental remediation, the unexpended balances of funds appropriated for costs
in the preceding proviso shall be available for transfer to the appropriate account for design and construction of a consolidated Department of Homeland Security Headquarters project, excluding daily
operations and maintenance costs, notwithstanding section 503 of
this Act, and the Committees on Appropriations of the Senate
and the House of Representatives shall be notified 15 days prior
to such transfer.
SEC. 541. Any official that is required by this Act to report
or certify to the Committees on Appropriations of the Senate and
the House of Representatives may not delegate such authority
to perform that act unless specifically authorized herein.
SEC. 542. The Secretary of Homeland Security, in consultation
with the Secretary of the Treasury, shall notify the Committees
on Appropriations of the Senate and the House of Representatives
of any proposed transfers of funds available under 31 U.S.C.
9703.2(g)(4)(B) from the Department of the Treasury Forfeiture
Fund to any agency within the Department of Homeland Security:
Provided, That none of the funds identified for such a transfer
may be obligated until the Committees on Appropriations of the
Senate and the House of Representatives approve the proposed
transfers.

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PUBLIC LAW 110–329—SEPT. 30, 2008

122 STAT. 3689

SEC. 543. Section 520 of Public Law 108–90 (6 U.S.C. 469)
is amended—
(1) by inserting ‘‘(a) FEES.—’’ before ‘‘For fiscal year 2004
and thereafter’’; and
(2) by adding at the end the following:
‘‘(b) RECURRENT TRAINING OF ALIENS IN OPERATION OF AIRCRAFT.—
‘‘(1) PROCESS FOR REVIEWING THREAT ASSESSMENTS.—Notwithstanding section 44939(e) of title 49, United States Code,
the Secretary shall establish a process to ensure that an alien
(as defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)) applying for recurrent training
in the operation of any aircraft is properly identified and has
not, since the time of any prior threat assessment conducted
pursuant to section 44939(a) of such title, become a risk to
aviation or national security.
‘‘(2) INTERRUPTION OF TRAINING.—If the Secretary determines, in carrying out the process established under paragraph
(1), that an alien is a present risk to aviation or national
security, the Secretary shall immediately notify the person
providing the training of the determination and that person
shall not provide the training or if such training has commenced
that person shall immediately terminate the training.
‘‘(3) FEES.—The Secretary may charge reasonable fees
under subsection (a) for providing credentialing and background
investigations for aliens in connection with the process for
recurrent training established under paragraph (1). Such fees
shall be promulgated by notice in the Federal Register.’’.
SEC. 544. (a) Not later than six months from the date of
enactment of this Act, the Secretary of Homeland Security shall
consult with the Secretaries of Defense and Transportation and
develop a concept of operations for unmanned aerial systems in
the United States national airspace system for the purposes of
border and maritime security operations.
(b) The Secretary of Homeland Security shall report to the
Committees on Appropriations of the Senate and the House of
Representatives not later than 30 days after the date of enactment
of this Act on any foreseeable challenges to complying with subsection (a).
SEC. 545. If the Assistant Secretary of Homeland Security
(Transportation Security Administration) determines that an airport does not need to participate in the basic pilot program, the
Assistant Secretary shall certify to the Committees on Appropriations of the Senate and the House of Representatives that no
security risks will result by such non-participation.
SEC. 546. Notwithstanding any other provision of law, and
not later than 30 days after the date of submission of a request
for a single payment, the President shall provide a single payment
for any eligible costs under section 406 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172)
for any police station, fire station, or criminal justice facility that
was damaged by Hurricane Katrina of 2005 or Hurricane Rita
of 2005: Provided, That the President shall not reduce the amount
of assistance provided under section 406(c)(1) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5172(c)(1)) for such facilities: Provided further, That nothing in
the previous proviso may be construed to alter the appeal or review

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Notification.

Notice.
Federal Register,
publication.
Deadlines.
Consultation.

Reports.

Certification.

Deadline.
President.

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122 STAT. 3690

Mississippi.

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PUBLIC LAW 110–329—SEPT. 30, 2008

process relating to assistance provided under section 406 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5172): Provided further, That the President shall not
reduce the amount of assistance provided to a local government
under section 406(d) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172(d)) more than once for
each such type of facility for which that local government is
receiving assistance under section 406 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act relating to Hurricane
Katrina of 2005 or Hurricane Rita of 2005.
SEC. 547. For grants to States pursuant to section 204(a) of
the REAL ID Act of 2005 (division B of Public Law 109–13),
$50,000,000, to remain available until expended. In addition, for
developing an information sharing and verification capability with
States to support implementation of the REAL ID Act, $50,000,000,
to remain available until expended: Provided, That none of the
funds provided in this section for development of the information
sharing and verification system shall be available to create any
new system of records from the data accessible by such information
technology system, or to create any means of access by Federal
agencies to such information technology system other than to fulfill
responsibilities pursuant to the REAL ID Act of 2005.
SEC. 548. Notwithstanding any other provision of law, the
Federal Emergency Management Agency shall reimburse Jones
County and Harrison County in the State of Mississippi under
section 407 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5173) for unreimbursed costs relating
to the removal of debris that were incurred by such counties as
a result of Hurricane Katrina in 2005.
SEC. 549. From the unobligated balances of prior year appropriations made available for Transportation Security Administration, $31,000,000 are rescinded: Provided, That the Transportation
Security Administration shall not rescind any unobligated balances
from the following programs: screener partnership program; explosives detection systems; checkpoint support; aviation regulation
and other enforcement; air cargo; and air cargo research and
development.
SEC. 550. From the unobligated balances of prior year appropriations made available for ‘‘Analysis and Operations’’, $21,373,000
are rescinded.
SEC. 551. From unobligated balances of prior year appropriations made available for Coast Guard ‘‘Acquisition, Construction,
and Improvements’’, $20,000,000 are rescinded: Provided, That no
funds shall be rescinded from prior year appropriations provided
for the National Security Cutter or the Maritime Patrol Aircraft:
Provided further, That the Coast Guard shall submit notification
in accordance with section 503 of this Act listing projects for which
funding will be rescinded.
SEC. 552. For fiscal year 2008, funds made available for Federal
Emergency Management Agency ‘‘National Predisaster Mitigation
Fund’’ shall be provided as detailed in the explanatory statement
accompanying Public Law 110–161.
SEC. 553. Section 203(m) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5133(m)) is
amended by striking ‘‘September 30, 2008’’ and inserting ‘‘September 30, 2009’’.

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PUBLIC LAW 110–329—SEPT. 30, 2008

122 STAT. 3691

This division may be cited as the ‘‘Department of Homeland
Security Appropriations Act, 2009’’.
DIVISION E—MILITARY CONSTRUCTION AND VETERANS
AFFAIRS AND RELATED AGENCIES APPROPRIATIONS ACT,
2009
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for military construction,
the Department of Veterans Affairs, and related agencies for the
fiscal year ending September 30, 2009, and for other purposes,
namely:

Military
Construction and
Veterans Affairs
and Related
Agencies
Appropriations
Act, 2009.

TITLE I
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION, ARMY
(INCLUDING

RESCISSIONS OF FUNDS)

For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities, and real property for the Army as currently authorized by
law, including personnel in the Army Corps of Engineers and other
personal services necessary for the purposes of this appropriation,
and for construction and operation of facilities in support of the
functions of the Commander in Chief, $4,692,648,000, to remain
available until September 30, 2013: Provided, That of this amount,
not to exceed $178,685,000 shall be available for study, planning,
design, architect and engineer services, and host nation support,
as authorized by law, unless the Secretary of Defense determines
that additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That the amount appropriated in this paragraph shall be
for the projects and activities, and in the amounts, specified under
the heading ‘‘Military Construction, Army’’, and under the headings
‘‘Army’’ in the table entitled ‘‘Military Construction’’, in the explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That of the
funds appropriated for ‘‘Military Construction, Army’’ under Public
Law 110–5, $34,720,000 are hereby rescinded: Provided further,
That of the funds appropriated for ‘‘Military Construction, Army’’
under Public Law 110–161, $16,600,000 are hereby rescinded.

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MILITARY CONSTRUCTION, NAVY

AND

MARINE CORPS

For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently
authorized by law, including personnel in the Naval Facilities
Engineering Command and other personal services necessary for
the purposes of this appropriation, $3,333,369,000, to remain available until September 30, 2013: Provided, That of this amount,
not to exceed $246,528,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by law,

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122 STAT. 3692

PUBLIC LAW 110–329—SEPT. 30, 2008

unless the Secretary of Defense determines that additional obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination
and the reasons therefor: Provided further, That the amount appropriated in this paragraph shall be for the projects and activities,
and in the amounts, specified under the heading ‘‘Military Construction, Navy and Marine Corps’’, and under the headings ‘‘Navy’’
in the table entitled ‘‘Military Construction’’, in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act).
MILITARY CONSTRUCTION, AIR FORCE
(INCLUDING

Notification.

RESCISSION OF FUNDS)

For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities, and real property for the Air Force as currently authorized
by law, $1,117,746,000, to remain available until September 30,
2013: Provided, That of this amount, not to exceed $93,436,000
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary of
Defense determines that additional obligations are necessary for
such purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor: Provided further, That the amount appropriated in this
paragraph shall be for the projects and activities, and in the
amounts, specified under the heading ‘‘Military Construction, Air
Force’’, and under the headings ‘‘Air Force’’ in the table entitled
‘‘Military Construction’’, in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act): Provided further, That of the funds appropriated for ‘‘Military
Construction, Air Force’’ under Public Law 110–161, $20,821,000
are hereby rescinded.
MILITARY CONSTRUCTION, DEFENSE-WIDE
(INCLUDING

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TRANSFER AND RESCISSION OF FUNDS)

For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and
real property for activities and agencies of the Department of
Defense (other than the military departments), as currently authorized by law, $1,695,204,000, to remain available until September
30, 2013: Provided, That such amounts of this appropriation as
may be determined by the Secretary of Defense may be transferred
to such appropriations of the Department of Defense available for
military construction or family housing as the Secretary may designate, to be merged with and to be available for the same purposes,
and for the same time period, as the appropriation or fund to
which transferred: Provided further, That of the amount appropriated, not to exceed $186,060,000 shall be available for study,
planning, design, and architect and engineer services, as authorized
by law, unless the Secretary of Defense determines that additional
obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That the amount

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122 STAT. 3693

appropriated in this paragraph shall be for the projects and activities, and in the amounts, specified under the heading ‘‘Military
Construction, Defense-Wide’’, and under the headings ‘‘DefenseWide’’ in the table entitled ‘‘Military Construction’’, in the explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That of the
funds appropriated for ‘‘Military Construction, Defense-Wide’’ under
Public Law 108–324, $3,589,000 are hereby rescinded: Provided
further, That none of the funds appropriated under this heading
may be obligated or expended for site activation or construction
of a long-range missile defense system in a European country until
the government of the country in which such missile defense system
(including interceptors and associated radars) is proposed to be
deployed has given final approval (including parliamentary ratification) to any missile defense agreements negotiated between such
government and the United States Government concerning the proposed deployment of such components in such country.
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD
(INCLUDING

RESCISSION OF FUNDS)

For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army National Guard, and contributions therefor, as authorized
by chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $736,317,000, to remain available
until September 30, 2013: Provided, That the amount appropriated
in this paragraph shall be for the projects and activities, and
in the amounts, specified under the heading ‘‘Military Construction,
Army National Guard’’, and under the headings ‘‘Army National
Guard’’ in the table entitled ‘‘Military Construction’’, in the explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That of the
funds appropriated for ‘‘Military Construction, Army National
Guard’’ under Public Law 110–161, $1,400,000 are hereby rescinded.
MILITARY CONSTRUCTION, AIR NATIONAL GUARD
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Air National Guard, and contributions therefor, as authorized by
chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $242,924,000, to remain available until
September 30, 2013: Provided, That the amount appropriated in
this paragraph shall be for the projects and activities, and in
the amounts, specified under the heading ‘‘Military Construction,
Air National Guard’’, and under the headings ‘‘Air National Guard’’
in the table entitled ‘‘Military Construction’’, in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act).

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MILITARY CONSTRUCTION, ARMY RESERVE
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army Reserve as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,

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122 STAT. 3694

PUBLIC LAW 110–329—SEPT. 30, 2008

$282,607,000, to remain available until September 30, 2013: Provided, That the amount appropriated in this paragraph shall be
for the projects and activities, and in the amounts, specified under
the heading ‘‘Military Construction, Army Reserve’’, and under the
headings ‘‘Army Reserve’’ in the table entitled ‘‘Military Construction’’, in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
MILITARY CONSTRUCTION, NAVY RESERVE
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized
by chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $57,045,000, to remain available
until September 30, 2013: Provided, That the amount appropriated
in this paragraph shall be for the projects and activities, and
in the amounts, specified under the heading ‘‘Military Construction,
Navy Reserve’’, and under the headings ‘‘Navy Reserve’’ in the
table entitled ‘‘Military Construction’’, in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
MILITARY CONSTRUCTION, AIR FORCE RESERVE
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Air Force Reserve as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$36,958,000, to remain available until September 30, 2013: Provided, That the amount appropriated in this paragraph shall be
for the projects and activities, and in the amounts, specified under
the heading ‘‘Military Construction, Air Force Reserve’’, and under
the headings ‘‘Air Force Reserve’’ in the table entitled ‘‘Military
Construction’’, in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated Act).
NORTH ATLANTIC TREATY ORGANIZATION
SECURITY INVESTMENT PROGRAM
For the United States share of the cost of the North Atlantic
Treaty Organization Security Investment Program for the acquisition and construction of military facilities and installations
(including international military headquarters) and for related
expenses for the collective defense of the North Atlantic Treaty
Area as authorized by section 2806 of title 10, United States Code,
and Military Construction Authorization Acts, $230,867,000, to
remain available until expended.

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FAMILY HOUSING CONSTRUCTION, ARMY
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension,
and alteration, as authorized by law, $646,580,000, to remain available until September 30, 2013: Provided, That the amount appropriated in this paragraph shall be for the projects and activities,
and in the amounts, specified under the heading ‘‘Family Housing

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122 STAT. 3695

Construction, Army’’, and under the heading ‘‘Family Housing
Construction, Army’’ in the table entitled ‘‘Military Construction’’,
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
FAMILY HOUSING OPERATION

AND

MAINTENANCE, ARMY

For expenses of family housing for the Army for operation
and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as
authorized by law, $716,110,000.
FAMILY HOUSING CONSTRUCTION, NAVY

AND

MARINE CORPS

For expenses of family housing for the Navy and Marine Corps
for construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$380,123,000, to remain available until September 30, 2013: Provided, That the amount appropriated in this paragraph shall be
for the projects and activities, and in the amounts, specified under
the heading ‘‘Family Housing Construction, Navy and Marine
Corps’’, and under the heading ‘‘Family Housing Construction, Navy
and Marine Corps’’ in the table entitled ‘‘Military Construction’’,
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY
MARINE CORPS

AND

For expenses of family housing for the Navy and Marine Corps
for operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and insurance
premiums, as authorized by law, $376,062,000.
FAMILY HOUSING CONSTRUCTION, AIR FORCE
For expenses of family housing for the Air Force for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $395,879,000, to remain
available until September 30, 2013: Provided, That the amount
appropriated in this paragraph shall be for the projects and activities, and in the amounts, specified under the heading ‘‘Family
Housing Construction, Air Force’’, and under the heading ‘‘Family
Housing Construction, Air Force’’ in the table entitled ‘‘Military
Construction’’, in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated Act).
FAMILY HOUSING OPERATION

AND

MAINTENANCE, AIR FORCE

For expenses of family housing for the Air Force for operation
and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as
authorized by law, $594,465,000.

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FAMILY HOUSING OPERATION

AND

MAINTENANCE, DEFENSE-WIDE

For expenses of family housing for the activities and agencies
of the Department of Defense (other than the military departments)

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122 STAT. 3696

PUBLIC LAW 110–329—SEPT. 30, 2008

for operation and maintenance, leasing, and minor construction,
as authorized by law, $49,231,000.
DEPARTMENT

OF

DEFENSE FAMILY HOUSING IMPROVEMENT FUND

For the Department of Defense Family Housing Improvement
Fund, $850,000, to remain available until expended, for family
housing initiatives undertaken pursuant to section 2883 of title
10, United States Code, providing alternative means of acquiring
and improving military family housing and supporting facilities.
HOMEOWNERS ASSISTANCE FUND
For the Homeowners Assistance Fund established by section
1013 of the Demonstration Cities and Metropolitan Development
Act of 1966, as amended (42 U.S.C. 3374), $4,500,000, to remain
available until expended.
CHEMICAL DEMILITARIZATION CONSTRUCTION, DEFENSE-WIDE
For expenses of construction, not otherwise provided for, necessary for the destruction of the United States stockpile of lethal
chemical agents and munitions in accordance with section 1412
of the Department of Defense Authorization Act, 1986 (50 U.S.C.
1521), and for the destruction of other chemical warfare materials
that are not in the chemical weapon stockpile, as currently authorized by law, $144,278,000, to remain available until September
30, 2013, which shall be only for the Assembled Chemical Weapons
Alternatives program: Provided, That the amount appropriated in
this paragraph shall be for the projects and activities, and in
the amounts, specified under the heading ‘‘Chemical Demilitarization Construction, Defense-Wide’’ in the table entitled ‘‘Military
Construction’’ in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated Act).
DEPARTMENT

OF

DEFENSE BASE CLOSURE ACCOUNT 1990

For deposit into the Department of Defense Base Closure
Account 1990, established by section 2906(a)(1) of the Defense Base
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
$458,377,000, to remain available until expended.
DEPARTMENT

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Notification.
Deadline.

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OF

DEFENSE BASE CLOSURE ACCOUNT 2005

For deposit into the Department of Defense Base Closure
Account 2005, established by section 2906A(a)(1) of the Defense
Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
$8,765,613,000, to remain available until expended: Provided, That
the Department of Defense shall notify the Committees on Appropriations of both Houses of Congress 14 days prior to obligating
an amount for a construction project that exceeds or reduces the
amount identified for that project in the most recently submitted
budget request for this account by 20 percent or $2,000,000, whichever is less: Provided further, That the previous proviso shall not
apply to projects costing less than $5,000,000, except for those
projects not previously identified in any budget submission for
this account and exceeding the minor construction threshold under
10 U.S.C. 2805.

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PUBLIC LAW 110–329—SEPT. 30, 2008

122 STAT. 3697

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ADMINISTRATIVE PROVISIONS
SEC. 101. None of the funds made available in this title shall
be expended for payments under a cost-plus-a-fixed-fee contract
for construction, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific
approval in writing of the Secretary of Defense setting forth the
reasons therefor.
SEC. 102. Funds made available in this title for construction
shall be available for hire of passenger motor vehicles.
SEC. 103. Funds made available in this title for construction
may be used for advances to the Federal Highway Administration,
Department of Transportation, for the construction of access roads
as authorized by section 210 of title 23, United States Code, when
projects authorized therein are certified as important to the national
defense by the Secretary of Defense.
SEC. 104. None of the funds made available in this title may
be used to begin construction of new bases in the United States
for which specific appropriations have not been made.
SEC. 105. None of the funds made available in this title shall
be used for purchase of land or land easements in excess of 100
percent of the value as determined by the Army Corps of Engineers
or the Naval Facilities Engineering Command, except: (1) where
there is a determination of value by a Federal court; (2) purchases
negotiated by the Attorney General or the designee of the Attorney
General; (3) where the estimated value is less than $25,000; or
(4) as otherwise determined by the Secretary of Defense to be
in the public interest.
SEC. 106. None of the funds made available in this title shall
be used to: (1) acquire land; (2) provide for site preparation; or
(3) install utilities for any family housing, except housing for which
funds have been made available in annual Acts making appropriations for military construction.
SEC. 107. None of the funds made available in this title for
minor construction may be used to transfer or relocate any activity
from one base or installation to another, without prior notification
to the Committees on Appropriations of both Houses of Congress.
SEC. 108. None of the funds made available in this title may
be used for the procurement of steel for any construction project
or activity for which American steel producers, fabricators, and
manufacturers have been denied the opportunity to compete for
such steel procurement.
SEC. 109. None of the funds available to the Department of
Defense for military construction or family housing during the
current fiscal year may be used to pay real property taxes in
any foreign nation.
SEC. 110. None of the funds made available in this title may
be used to initiate a new installation overseas without prior notification to the Committees on Appropriations of both Houses of Congress.
SEC. 111. None of the funds made available in this title may
be obligated for architect and engineer contracts estimated by the
Government to exceed $500,000 for projects to be accomplished
in Japan, in any North Atlantic Treaty Organization member
country, or in countries bordering the Arabian Sea, unless such
contracts are awarded to United States firms or United States
firms in joint venture with host nation firms.

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Contracts.

Notification.

Notification.

Contracts.
Japan.

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122 STAT. 3698
Contracts.
Kwajalein Atoll.

Notification.
Military exercise.
Deadline.

PUBLIC LAW 110–329—SEPT. 30, 2008

SEC. 112. None of the funds made available in this title for
military construction in the United States territories and possessions in the Pacific and on Kwajalein Atoll, or in countries bordering
the Arabian Sea, may be used to award any contract estimated
by the Government to exceed $1,000,000 to a foreign contractor:
Provided, That this section shall not be applicable to contract
awards for which the lowest responsive and responsible bid of
a United States contractor exceeds the lowest responsive and
responsible bid of a foreign contractor by greater than 20 percent:
Provided further, That this section shall not apply to contract
awards for military construction on Kwajalein Atoll for which the
lowest responsive and responsible bid is submitted by a Marshallese
contractor.
SEC. 113. The Secretary of Defense is to inform the appropriate
committees of both Houses of Congress, including the Committees
on Appropriations, of the plans and scope of any proposed military
exercise involving United States personnel 30 days prior to its
occurring, if amounts expended for construction, either temporary
or permanent, are anticipated to exceed $100,000.
SEC. 114. Not more than 20 percent of the funds made available
in this title which are limited for obligation during the current
fiscal year shall be obligated during the last two months of the
fiscal year.
(INCLUDING

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Deadlines.
Reports.
22 USC 1928
note.

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TRANSFER OF FUNDS)

SEC. 115. Funds appropriated to the Department of Defense
for construction in prior years shall be available for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.
SEC. 116. For military construction or family housing projects
that are being completed with funds otherwise expired or lapsed
for obligation, expired or lapsed funds may be used to pay the
cost of associated supervision, inspection, overhead, engineering
and design on those projects and on subsequent claims, if any.
SEC. 117. Notwithstanding any other provision of law, any
funds made available to a military department or defense agency
for the construction of military projects may be obligated for a
military construction project or contract, or for any portion of such
a project or contract, at any time before the end of the fourth
fiscal year after the fiscal year for which funds for such project
were made available, if the funds obligated for such project: (1)
are obligated from funds available for military construction projects;
and (2) do not exceed the amount appropriated for such project,
plus any amount by which the cost of such project is increased
pursuant to law.
SEC. 118. (a) The Secretary of Defense, in consultation with
the Secretary of State, shall submit to the Committees on Appropriations of both Houses of Congress, by February 15 of each
year, an annual report in unclassified and, if necessary, classified
form, on actions taken by the Department of Defense and the
Department of State during the previous fiscal year to encourage
host countries to assume a greater share of the common defense
burden of such countries and the United States.
(b) The report under subsection (a) shall include a description
of—
(1) attempts to secure cash and in-kind contributions from
host countries for military construction projects;

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PUBLIC LAW 110–329—SEPT. 30, 2008

122 STAT. 3699

(2) attempts to achieve economic incentives offered by host
countries to encourage private investment for the benefit of
the United States Armed Forces;
(3) attempts to recover funds due to be paid to the United
States by host countries for assets deeded or otherwise imparted
to host countries upon the cessation of United States operations
at military installations;
(4) the amount spent by host countries on defense, in
dollars and in terms of the percent of gross domestic product
(GDP) of the host country; and
(5) for host countries that are members of the North
Atlantic Treaty Organization (NATO), the amount contributed
to NATO by host countries, in dollars and in terms of the
percent of the total NATO budget.
(c) In this section, the term ‘‘host country’’ means other member
countries of NATO, Japan, South Korea, and United States allies
bordering the Arabian Sea.
(INCLUDING

TRANSFER OF FUNDS)

SEC. 119. In addition to any other transfer authority available
to the Department of Defense, proceeds deposited to the Department
of Defense Base Closure Account established by section 207(a)(1)
of the Defense Authorization Amendments and Base Closure and
Realignment Act (10 U.S.C. 2687 note) pursuant to section
207(a)(2)(C) of such Act, may be transferred to the account established by section 2906(a)(1) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), to be merged
with, and to be available for the same purposes and the same
time period as that account.

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(INCLUDING

TRANSFER OF FUNDS)

SEC. 120. Subject to 30 days prior notification, or 14 days
for a notification provided in an electronic medium pursuant to
sections 480 and 2883, of title 10, United States Code, to the
Committees on Appropriations of both Houses of Congress, such
additional amounts as may be determined by the Secretary of
Defense may be transferred to: (1) the Department of Defense
Family Housing Improvement Fund from amounts appropriated
for construction in ‘‘Family Housing’’ accounts, to be merged with
and to be available for the same purposes and for the same period
of time as amounts appropriated directly to the Fund; or (2) the
Department of Defense Military Unaccompanied Housing Improvement Fund from amounts appropriated for construction of military
unaccompanied housing in ‘‘Military Construction’’ accounts, to be
merged with and to be available for the same purposes and for
the same period of time as amounts appropriated directly to the
Fund: Provided, That appropriations made available to the Funds
shall be available to cover the costs, as defined in section 502(5)
of the Congressional Budget Act of 1974, of direct loans or loan
guarantees issued by the Department of Defense pursuant to the
provisions of subchapter IV of chapter 169 of title 10, United States
Code, pertaining to alternative means of acquiring and improving
military family housing, military unaccompanied housing, and supporting facilities.
SEC. 121. (a) Not later than 60 days before issuing any solicitation for a contract with the private sector for military family housing

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Deadlines.
Notifications.

Deadline.
Contracts.
Notice.

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122 STAT. 3700

PUBLIC LAW 110–329—SEPT. 30, 2008

the Secretary of the military department concerned shall submit
to the Committees on Appropriations of both Houses of Congress
the notice described in subsection (b).
(b)(1) A notice referred to in subsection (a) is a notice of any
guarantee (including the making of mortgage or rental payments)
proposed to be made by the Secretary to the private party under
the contract involved in the event of—
(A) the closure or realignment of the installation for which
housing is provided under the contract;
(B) a reduction in force of units stationed at such installation; or
(C) the extended deployment overseas of units stationed
at such installation.
(2) Each notice under this subsection shall specify the nature
of the guarantee involved and assess the extent and likelihood,
if any, of the liability of the Federal Government with respect
to the guarantee.
(INCLUDING

10 USC 2821
note.

Notification.

Reports.
Deadline.

SEC. 122. In addition to any other transfer authority available
to the Department of Defense, amounts may be transferred from
the accounts established by sections 2906(a)(1) and 2906A(a)(1)
of the Defense Base Closure and Realignment Act of 1990 (10
U.S.C. 2687 note), to the fund established by section 1013(d) of
the Demonstration Cities and Metropolitan Development Act of
1966 (42 U.S.C. 3374) to pay for expenses associated with the
Homeowners Assistance Program. Any amounts transferred shall
be merged with and be available for the same purposes and for
the same time period as the fund to which transferred.
SEC. 123. Notwithstanding any other provision of law, funds
made available in this title for operation and maintenance of family
housing shall be the exclusive source of funds for repair and maintenance of all family housing units, including general or flag officer
quarters: Provided, That not more than $35,000 per unit may
be spent annually for the maintenance and repair of any general
or flag officer quarters without 30 days prior notification to the
Committees on Appropriations of both Houses of Congress, except
that an after-the-fact notification shall be submitted if the limitation
is exceeded solely due to costs associated with environmental
remediation that could not be reasonably anticipated at the time
of the budget submission: Provided further, That the Under Secretary of Defense (Comptroller) is to report annually to the Committees on Appropriations of both Houses of Congress all operation
and maintenance expenditures for each individual general or flag
officer quarters for the prior fiscal year.
SEC. 124. Amounts contained in the Ford Island Improvement
Account established by subsection (h) of section 2814 of title 10,
United States Code, are appropriated and shall be available until
expended for the purposes specified in subsection (i)(1) of such
section or until transferred pursuant to subsection (i)(3) of such
section.
(INCLUDING

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Certification.

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TRANSFER OF FUNDS)

TRANSFER OF FUNDS)

SEC. 125. None of the funds made available in this title, or
in any Act making appropriations for military construction which
remain available for obligation, may be obligated or expended to

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PUBLIC LAW 110–329—SEPT. 30, 2008

122 STAT. 3701

carry out a military construction, land acquisition, or family housing
project at or for a military installation approved for closure, or
at a military installation for the purposes of supporting a function
that has been approved for realignment to another installation,
in 2005 under the Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C.
2687 note), unless such a project at a military installation approved
for realignment will support a continuing mission or function at
that installation or a new mission or function that is planned
for that installation, or unless the Secretary of Defense certifies
that the cost to the United States of carrying out such project
would be less than the cost to the United States of cancelling
such project, or if the project is at an active component base that
shall be established as an enclave or in the case of projects having
multi-agency use, that another Government agency has indicated
it will assume ownership of the completed project. The Secretary
of Defense may not transfer funds made available as a result
of this limitation from any military construction project, land
acquisition, or family housing project to another account or use
such funds for another purpose or project without the prior approval
of the Committees on Appropriations of both Houses of Congress.
This section shall not apply to military construction projects, land
acquisition, or family housing projects for which the project is
vital to the national security or the protection of health, safety,
or environmental quality: Provided, That the Secretary of Defense
shall notify the congressional defense committees within seven days
of a decision to carry out such a military construction project.

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(INCLUDING

TRANSFER OF FUNDS)

SEC. 126. During the 5-year period after appropriations available in this Act to the Department of Defense for military construction and family housing operation and maintenance and construction have expired for obligation, upon a determination that such
appropriations will not be necessary for the liquidation of obligations
or for making authorized adjustments to such appropriations for
obligations incurred during the period of availability of such appropriations, unobligated balances of such appropriations may be transferred into the appropriation ‘‘Foreign Currency Fluctuations,
Construction, Defense’’, to be merged with and to be available
for the same time period and for the same purposes as the appropriation to which transferred.
SEC. 127. None of the funds appropriated or otherwise made
available in this title may be used for any action that is related
to or promotes the expansion of the boundaries or size of the
Pinon Canyon Maneuver Site, Colorado.
SEC. 128. Amounts appropriated or otherwise made available
in an account funded under the headings in this title may be
transferred among projects and activities within that account in
accordance with the reprogramming guidelines for military
construction and family housing construction contained in the
explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), and in the guidance
for military construction reprogrammings and notifications contained in Department of Defense Financial Management Regulation
7000.14–R, Volume 3, Chapter 7, of December 1996, as in effect
on the date of enactment of this Act.

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Deadline.

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Colorado.

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122 STAT. 3702

PUBLIC LAW 110–329—SEPT. 30, 2008
(INCLUDING

Study.

Deadline.
Expenditure
plan.

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Deadline.
Expenditure
plan.

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TRANSFER OF FUNDS)

SEC. 129. (a) Of the amount appropriated or otherwise made
available by this Act for the Department of Defense under the
heading ‘‘Military Construction, Air Force’’ and available for planning and design, the Secretary of the Air Force shall, in accordance
with section 1535 of title 31, United States Code, transfer $500,000
to the American Battle Monuments Commission to conduct an
engineering study on the restoration of the Lafayette Escadrille
Memorial in Marnes-La-Coquette, France.
(b) The study conducted pursuant to subsection (a) shall
include:
(1) an estimate of costs to be incurred to restore the structure, features, landscaped grounds and caretaker’s quarters
of the Lafayette Escadrille Memorial to standards similar to
memorials and burial grounds administered by the American
Battle Monuments Commission; and
(2) an estimate of annual costs for the long-term preservation, maintenance, and operation of the memorial under those
standards.
(c) The amount transferred under subsection (a) shall remain
available until expended.
SEC. 130. Of the funds provided for ‘‘Family Housing Construction, Defense-Wide’’ under Public Law 110–5, $6,040,000 are hereby
rescinded.
SEC. 131. In addition to amounts otherwise appropriated or
made available under the heading ‘‘Military Construction, Air
National Guard’’, there is hereby appropriated an additional
$28,000,000, to remain available until September 30, 2013, for
the construction of Air National Guard fire stations: Provided, That
notwithstanding any other provision of law, such funds may be
obligated and expended to carry out planning and design and
construction not otherwise authorized by law: Provided further,
That within 30 days of enactment of this Act, and prior to obligation
of funds, the Air National Guard shall submit to the Committees
on Appropriations of both Houses of Congress an expenditure plan
for funds provided under this section.
SEC. 132. In addition to amounts otherwise appropriated or
made available under the heading ‘‘Military Construction, Army
National Guard’’, there is hereby appropriated an additional
$147,000,000 to remain available until September 30, 2013, for
the construction of facilities consistent with Army National Guard
emerging requirements: Provided, That notwithstanding any other
provision of law, such funds may be obligated and expended to
carry out planning and design and construction not otherwise
authorized by law: Provided further, That within 30 days of enactment of this Act, and prior to obligation of funds, the Director
of the Army National Guard shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan
for funds provided under this section.

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PUBLIC LAW 110–329—SEPT. 30, 2008

122 STAT. 3703

TITLE II
DEPARTMENT OF VETERANS AFFAIRS
VETERANS BENEFITS ADMINISTRATION
COMPENSATION AND PENSIONS

(INCLUDING

TRANSFER OF FUNDS)

For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as authorized by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61
of title 38, United States Code; pension benefits to or on behalf
of veterans as authorized by chapters 15, 51, 53, 55, and 61 of
title 38, United States Code; and burial benefits, the Reinstated
Entitlement Program for Survivors, emergency and other officers’
retirement pay, adjusted-service credits and certificates, payment
of premiums due on commercial life insurance policies guaranteed
under the provisions of title IV of the Servicemembers Civil Relief
Act (50 U.S.C. App. 541 et seq.) and for other benefits as authorized
by sections 107, 1312, 1977, and 2106, and chapters 23, 51, 53,
55, and 61 of title 38, United States Code, $43,111,681,000, to
remain available until expended: Provided, That not to exceed
$26,798,000 of the amount appropriated under this heading shall
be reimbursed to ‘‘General operating expenses’’, ‘‘Medical support
and compliance’’, and ‘‘Information technology systems’’ for necessary expenses in implementing the provisions of chapters 51,
53, and 55 of title 38, United States Code, the funding source
for which is specifically provided as the ‘‘Compensation and pensions’’ appropriation: Provided further, That such sums as may
be earned on an actual qualifying patient basis, shall be reimbursed
to ‘‘Medical care collections fund’’ to augment the funding of individual medical facilities for nursing home care provided to pensioners as authorized.
READJUSTMENT BENEFITS

For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by chapters 21, 30, 31,
33, 34, 35, 36, 39, 51, 53, 55, and 61 of title 38, United States
Code, $3,832,944,000, to remain available until expended: Provided,
That expenses for rehabilitation program services and assistance
which the Secretary is authorized to provide under subsection (a)
of section 3104 of title 38, United States Code, other than under
paragraphs (1), (2), (5), and (11) of that subsection, shall be charged
to this account.

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VETERANS INSURANCE AND INDEMNITIES

For military and naval insurance, national service life insurance, servicemen’s indemnities, service-disabled veterans insurance,
and veterans mortgage life insurance as authorized by title 38,
United States Code, chapters 19 and 21, $42,300,000, to remain
available until expended.

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122 STAT. 3704

PUBLIC LAW 110–329—SEPT. 30, 2008
VETERANS HOUSING BENEFIT PROGRAM FUND

For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by subchapters I through III of chapter 37 of title 38, United States
Code: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That during fiscal year 2009,
within the resources available, not to exceed $500,000 in gross
obligations for direct loans are authorized for specially adapted
housing loans.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $157,210,000.
VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

(INCLUDING

TRANSFER OF FUNDS)

For the cost of direct loans, $61,000, as authorized by chapter
31 of title 38, United States Code: Provided, That such costs,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That funds made available under this heading are available
to subsidize gross obligations for the principal amount of direct
loans not to exceed $3,180,000.
In addition, for administrative expenses necessary to carry
out the direct loan program, $320,000, which may be paid to the
appropriation for ‘‘General operating expenses’’.
NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT

For administrative expenses to carry out the direct loan program authorized by subchapter V of chapter 37 of title 38, United
States Code, $646,000.
GUARANTEED TRANSITIONAL HOUSING LOANS FOR HOMELESS
VETERANS PROGRAM ACCOUNT

For the administrative expenses to carry out the guaranteed
transitional housing loan program authorized by subchapter VI
of chapter 20 of title 38, United States Code, not to exceed $750,000
of the amounts appropriated by this Act for ‘‘General operating
expenses’’ and ‘‘Medical support and compliance’’ may be expended.
VETERANS HEALTH ADMINISTRATION
MEDICAL SERVICES

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(INCLUDING

TRANSFER OF FUNDS)

For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of
the Department of Veterans Affairs and veterans described in section 1705(a) of title 38, United States Code, including care and
treatment in facilities not under the jurisdiction of the Department,
and including medical supplies and equipment, food services, and
salaries and expenses of health-care employees hired under title
38, United States Code, and aid to State homes as authorized
by section 1741 of title 38, United States Code; $30,969,903,000,
plus reimbursements, of which not less than $3,800,000,000 shall

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PUBLIC LAW 110–329—SEPT. 30, 2008

122 STAT. 3705

be expended for specialty mental health care and of which
$250,000,000 shall be for establishment and implementation of
a new rural health outreach and delivery initiative: Provided, That
of the funds made available under this heading, not to exceed
$1,600,000,000 shall be available until September 30, 2010: Provided further, That, notwithstanding any other provision of law,
the Secretary of Veterans Affairs shall establish a priority for
the provision of medical treatment for veterans who have serviceconnected disabilities, lower income, or have special needs: Provided
further, That, notwithstanding any other provision of law, the Secretary of Veterans Affairs shall give priority funding for the provision of basic medical benefits to veterans in enrollment priority
groups 1 through 6: Provided further, That, notwithstanding any
other provision of law, the Secretary of Veterans Affairs may
authorize the dispensing of prescription drugs from Veterans Health
Administration facilities to enrolled veterans with privately written
prescriptions based on requirements established by the Secretary:
Provided further, That the implementation of the program described
in the previous proviso shall incur no additional cost to the Department of Veterans Affairs: Provided further, That for the Department
of Defense/Department of Veterans Affairs Health Care Sharing
Incentive Fund, as authorized by section 8111(d) of title 38, United
States Code, a minimum of $15,000,000, to remain available until
expended, for any purpose authorized by section 8111 of title 38,
United States Code.

Priorities.

Priorities.

MEDICAL SUPPORT AND COMPLIANCE

For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and
research activities, as authorized by law; administrative expenses
in support of capital policy activities; and administrative and legal
expenses of the Department for collecting and recovering amounts
owed the Department as authorized under chapter 17 of title 38,
United States Code, and the Federal Medical Care Recovery Act
(42 U.S.C. 2651 et seq.): $4,450,000,000, plus reimbursements, of
which $250,000,000 shall be available until September 30, 2010.

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MEDICAL FACILITIES

For necessary expenses for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities and other necessary facilities of the Veterans Health Administration; for administrative expenses in support of planning, design, project management, real property acquisition and disposition, construction, and
renovation of any facility under the jurisdiction or for the use
of the Department; for oversight, engineering, and architectural
activities not charged to project costs; for repairing, altering,
improving, or providing facilities in the several hospitals and homes
under the jurisdiction of the Department, not otherwise provided
for, either by contract or by the hire of temporary employees and
purchase of materials; for leases of facilities; and for laundry services, $5,029,000,000, plus reimbursements, of which $350,000,000
shall be available until September 30, 2010: Provided, That
$300,000,000 for non-recurring maintenance provided under this
heading shall be allocated in a manner not subject to the Veterans
Equitable Resource Allocation.

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122 STAT. 3706

PUBLIC LAW 110–329—SEPT. 30, 2008
MEDICAL AND PROSTHETIC RESEARCH

For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by chapter
73 of title 38, United States Code, $510,000,000, plus reimbursements, to remain available until September 30, 2010.
NATIONAL CEMETERY ADMINISTRATION
For necessary expenses of the National Cemetery Administration for operations and maintenance, not otherwise provided for,
including uniforms or allowances therefor; cemeterial expenses as
authorized by law; purchase of one passenger motor vehicle for
use in cemeterial operations; hire of passenger motor vehicles; and
repair, alteration or improvement of facilities under the jurisdiction
of the National Cemetery Administration, $230,000,000, of which
not to exceed $23,000,000 shall be available until September 30,
2010.
DEPARTMENTAL ADMINISTRATION
GENERAL OPERATING EXPENSES

For necessary operating expenses of the Department of Veterans Affairs, not otherwise provided for, including administrative
expenses in support of Department-Wide capital planning, management and policy activities, uniforms, or allowances therefor; not
to exceed $25,000 for official reception and representation expenses;
hire of passenger motor vehicles; and reimbursement of the General
Services Administration for security guard services, and the Department of Defense for the cost of overseas employee mail,
$1,801,867,000: Provided, That expenses for services and assistance
authorized under paragraphs (1), (2), (5), and (11) of section 3104(a)
of title 38, United States Code, that the Secretary of Veterans
Affairs determines are necessary to enable entitled veterans: (1)
to the maximum extent feasible, to become employable and to
obtain and maintain suitable employment; or (2) to achieve maximum independence in daily living, shall be charged to this account:
Provided further, That the Veterans Benefits Administration shall
be funded at not less than $1,466,095,000: Provided further, That
of the funds made available under this heading, not to exceed
$83,000,000 shall be available for obligation until September 30,
2010: Provided further, That from the funds made available under
this heading, the Veterans Benefits Administration may purchase
(on a one-for-one replacement basis only) up to two passenger
motor vehicles for use in operations of that Administration in
Manila, Philippines.

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INFORMATION TECHNOLOGY SYSTEMS

For necessary expenses for information technology systems and
telecommunications support, including developmental information
systems and operational information systems; for pay and associated
costs; and for the capital asset acquisition of information technology
systems, including management and related contractual costs of
said acquisitions, including contractual costs associated with operations authorized by section 3109 of title 5, United States Code,

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PUBLIC LAW 110–329—SEPT. 30, 2008

122 STAT. 3707

$2,489,391,000, plus reimbursements, to be available until September 30, 2010: Provided, That of the funds made available under
this heading, not less than $48,000,000 shall be for the Financial
and Logistics Integrated Technology Enterprise program: Provided
further, That none of these funds may be obligated until the Department of Veterans Affairs submits to the Committees on Appropriations of both Houses of Congress, and such Committees approve,
a plan for expenditure that: (1) meets the capital planning and
investment control review requirements established by the Office
of Management and Budget; (2) complies with the Department
of Veterans Affairs enterprise architecture; (3) conforms with an
established enterprise life cycle methodology; and (4) complies with
the acquisition rules, requirements, guidelines, and systems acquisition management practices of the Federal Government: Provided
further, That within 30 days of enactment of this Act, the Secretary
of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress a reprogramming base letter
which provides, by project, the costs included in this appropriation.

Expenditure
plan.

Deadline.
Submission.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions of
the Inspector General Act of 1978 (5 U.S.C. App.), $87,818,000,
of which $5,000,000 shall be available until September 30, 2010.

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CONSTRUCTION, MAJOR PROJECTS

For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the jurisdiction or
for the use of the Department of Veterans Affairs, or for any
of the purposes set forth in sections 316, 2404, 2406, 8102, 8103,
8106, 8108, 8109, 8110, and 8122 of title 38, United States Code,
including planning, architectural and engineering services,
construction management services, maintenance or guarantee
period services costs associated with equipment guarantees provided
under the project, services of claims analysts, offsite utility and
storm drainage system construction costs, and site acquisition,
where the estimated cost of a project is more than the amount
set forth in section 8104(a)(3)(A) of title 38, United States Code,
or where funds for a project were made available in a previous
major project appropriation, $923,382,000, to remain available until
expended, of which $10,000,000 shall be to make reimbursements
as provided in section 13 of the Contract Disputes Act of 1978
(41 U.S.C. 612) for claims paid for contract disputes: Provided,
That except for advance planning activities, including needs assessments which may or may not lead to capital investments, and
other capital asset management related activities, including portfolio development and management activities, and investment
strategy studies funded through the advance planning fund and
the planning and design activities funded through the design fund,
including needs assessments which may or may not lead to capital
investments, and funds provided for the purchase of land for the
National Cemetery Administration through the land acquisition
line item, none of the funds appropriated under this heading shall
be used for any project which has not been approved by the Congress
in the budgetary process: Provided further, That funds provided
in this appropriation for fiscal year 2009, for each approved project

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Deadlines.

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122 STAT. 3708

Reports.

PUBLIC LAW 110–329—SEPT. 30, 2008

shall be obligated: (1) by the awarding of a construction documents
contract by September 30, 2009; and (2) by the awarding of a
construction contract by September 30, 2010: Provided further, That
the Secretary of Veterans Affairs shall promptly submit to the
Committees on Appropriations of both Houses of Congress a written
report on any approved major construction project for which obligations are not incurred within the time limitations established above:
Provided further, That of the amount appropriated in this paragraph, $923,382,000 shall be for the projects and activities, and
in the amounts, specified under this heading in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act).
CONSTRUCTION, MINOR PROJECTS

For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the jurisdiction or
for the use of the Department of Veterans Affairs, including planning and assessments of needs which may lead to capital investments, architectural and engineering services, maintenance or guarantee period services costs associated with equipment guarantees
provided under the project, services of claims analysts, offsite utility
and storm drainage system construction costs, and site acquisition,
or for any of the purposes set forth in sections 316, 2404, 2406,
8102, 8103, 8106, 8108, 8109, 8110, 8122, and 8162 of title 38,
United States Code, where the estimated cost of a project is equal
to or less than the amount set forth in section 8104(a)(3)(A) of
title 38, United States Code, $741,534,000, to remain available
until expended, along with unobligated balances of previous
‘‘Construction, minor projects’’ appropriations which are hereby
made available for any project where the estimated cost is equal
to or less than the amount set forth in such section: Provided,
That funds in this account shall be available for: (1) repairs to
any of the nonmedical facilities under the jurisdiction or for the
use of the Department which are necessary because of loss or
damage caused by any natural disaster or catastrophe; and (2)
temporary measures necessary to prevent or to minimize further
loss by such causes: Provided further: That $7,000,000 of the amount
appropriated in this paragraph shall be for the installation of alternative fueling stations at 35 medical facility campuses.
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES

For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify, or alter
existing hospital, nursing home, and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by sections
8131 through 8137 of title 38, United States Code, $175,000,000,
to remain available until expended.

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GRANTS FOR CONSTRUCTION OF STATE VETERANS CEMETERIES

For grants to assist States in establishing, expanding, or
improving State veterans cemeteries as authorized by section 2408
of title 38, United States Code, $42,000,000, to remain available
until expended.

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PUBLIC LAW 110–329—SEPT. 30, 2008

122 STAT. 3709

ADMINISTRATIVE PROVISIONS
(INCLUDING

TRANSFER OF FUNDS)

SEC. 201. Any appropriation for fiscal year 2009 for ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans insurance and indemnities’’ may be transferred as necessary to any
other of the mentioned appropriations: Provided, That before a
transfer may take place, the Secretary of Veterans Affairs shall
request from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and such Committees
issue an approval, or absent a response, a period of 30 days has
elapsed.

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(INCLUDING

TRANSFER OF FUNDS)

SEC. 202. Amounts made available for the Department of Veterans Affairs for fiscal year 2009, in this Act or any other Act,
under the ‘‘Medical services’’, ‘‘Medical support and compliance’’,
and ‘‘Medical facilities’’ accounts may be transferred among the
accounts to the extent necessary to implement the restructuring
of the Veterans Health Administration accounts: Provided, That
any transfers between the ‘‘Medical services’’ and ‘‘Medical support
and compliance’’ accounts of 1 percent or less of the total amount
appropriated to the account in this or any other Act may take
place subject to notification from the Secretary of Veterans Affairs
to the Committees on Appropriations of both Houses of Congress
of the amount and purpose of the transfer: Provided further, That
any transfers between the ‘‘Medical services’’ and ‘‘Medical support
and compliance’’ accounts in excess of 1 percent, or exceeding the
cumulative 1 percent for the fiscal year, may take place only after
the Secretary requests from the Committees on Appropriations
of both Houses of Congress the authority to make the transfer
and an approval is issued: Provided further, That any transfers
to or from the ‘‘Medical facilities’’ account may take place only
after the Secretary requests from the Committees on Appropriations
of both Houses of Congress the authority to make the transfer
and an approval is issued.
SEC. 203. Appropriations available in this title for salaries
and expenses shall be available for services authorized by section
3109 of title 5, United States Code, hire of passenger motor vehicles;
lease of a facility or land or both; and uniforms or allowances
therefore, as authorized by sections 5901 through 5902 of title
5, United States Code.
SEC. 204. No appropriations in this title (except the appropriations for ‘‘Construction, major projects’’, and ‘‘Construction, minor
projects’’) shall be available for the purchase of any site for or
toward the construction of any new hospital or home.
SEC. 205. No appropriations in this title shall be available
for hospitalization or examination of any persons (except beneficiaries entitled to such hospitalization or examination under the
laws providing such benefits to veterans, and persons receiving
such treatment under sections 7901 through 7904 of title 5, United
States Code, or the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the cost of such hospitalization or examination is made
to the ‘‘Medical services’’ account at such rates as may be fixed
by the Secretary of Veterans Affairs.

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122 STAT. 3710

PUBLIC LAW 110–329—SEPT. 30, 2008

SEC. 206. Appropriations available in this title for ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans insurance and indemnities’’ shall be available for payment of prior year
accrued obligations required to be recorded by law against the
corresponding prior year accounts within the last quarter of fiscal
year 2008.
SEC. 207. Appropriations available in this title shall be available
to pay prior year obligations of corresponding prior year appropriations accounts resulting from sections 3328(a), 3334, and 3712(a)
of title 31, United States Code, except that if such obligations
are from trust fund accounts they shall be payable only from ‘‘Compensation and pensions’’.
(INCLUDING

TRANSFER OF FUNDS)

SEC. 208. Notwithstanding any other provision of law, during
fiscal year 2009, the Secretary of Veterans Affairs shall, from the
National Service Life Insurance Fund (38 U.S.C. 1920), the Veterans’ Special Life Insurance Fund (38 U.S.C. 1923), and the United
States Government Life Insurance Fund (38 U.S.C. 1955), reimburse
the ‘‘General operating expenses’’ and ‘‘Information technology systems’’ accounts for the cost of administration of the insurance
programs financed through those accounts: Provided, That
reimbursement shall be made only from the surplus earnings
accumulated in such an insurance program during fiscal year 2009
that are available for dividends in that program after claims have
been paid and actuarially determined reserves have been set aside:
Provided further, That if the cost of administration of such an
insurance program exceeds the amount of surplus earnings accumulated in that program, reimbursement shall be made only to the
extent of such surplus earnings: Provided further, That the Secretary shall determine the cost of administration for fiscal year
2009 which is properly allocable to the provision of each such
insurance program and to the provision of any total disability
income insurance included in that insurance program.
SEC. 209. Amounts deducted from enhanced-use lease proceeds
to reimburse an account for expenses incurred by that account
during a prior fiscal year for providing enhanced-use lease services,
may be obligated during the fiscal year in which the proceeds
are received.

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(INCLUDING

TRANSFER OF FUNDS)

SEC. 210. Funds available in this title or funds for salaries
and other administrative expenses shall also be available to
reimburse the Office of Resolution Management of the Department
of Veterans Affairs and the Office of Employment Discrimination
Complaint Adjudication under section 319 of title 38, United States
Code, for all services provided at rates which will recover actual
costs but not exceed $34,158,000 for the Office of Resolution
Management and $3,278,000 for the Office of Employment and
Discrimination Complaint Adjudication: Provided, That payments
may be made in advance for services to be furnished based on
estimated costs: Provided further, That amounts received shall be
credited to the ‘‘General operating expenses’’ and ‘‘Information technology systems’’ accounts for use by the office that provided the
service.

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PUBLIC LAW 110–329—SEPT. 30, 2008

122 STAT. 3711

SEC. 211. No appropriations in this title shall be available
to enter into any new lease of real property if the estimated annual
rental is more than $1,000,000 unless the Secretary submits a
report which the Committees on Appropriations of both Houses
of Congress approve within 30 days following the date on which
the report is received.
SEC. 212. No funds of the Department of Veterans Affairs
shall be available for hospital care, nursing home care, or medical
services provided to any person under chapter 17 of title 38, United
States Code, for a non-service-connected disability described in section 1729(a)(2) of such title, unless that person has disclosed to
the Secretary of Veterans Affairs, in such form as the Secretary
may require, current, accurate third-party reimbursement information for purposes of section 1729 of such title: Provided, That
the Secretary may recover, in the same manner as any other debt
due the United States, the reasonable charges for such care or
services from any person who does not make such disclosure as
required: Provided further, That any amounts so recovered for care
or services provided in a prior fiscal year may be obligated by
the Secretary during the fiscal year in which amounts are received.
(INCLUDING

Reports.
Deadline.

TRANSFER OF FUNDS)

SEC. 213. Notwithstanding any other provision of law, proceeds
or revenues derived from enhanced-use leasing activities (including
disposal) may be deposited into the ‘‘Construction, major projects’’
and ‘‘Construction, minor projects’’ accounts and be used for
construction (including site acquisition and disposition), alterations,
and improvements of any medical facility under the jurisdiction
or for the use of the Department of Veterans Affairs. Such sums
as realized are in addition to the amount provided for in ‘‘Construction, major projects’’ and ‘‘Construction, minor projects’’.
SEC. 214. Amounts made available under ‘‘Medical services’’
are available—
(1) for furnishing recreational facilities, supplies, and equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.

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(INCLUDING

TRANSFER OF FUNDS)

SEC. 215. Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38, United
States Code, may be transferred to ‘‘Medical services’’, to remain
available until expended for the purposes of that account.
SEC. 216. Notwithstanding any other provision of law, the
Secretary of Veterans Affairs shall allow veterans who are eligible
under existing Department of Veterans Affairs medical care requirements and who reside in Alaska to obtain medical care services
from medical facilities supported by the Indian Health Service
or tribal organizations. The Secretary shall: (1) limit the application
of this provision to rural Alaskan veterans in areas where an
existing Department of Veterans Affairs facility or Veterans Affairscontracted service is unavailable; (2) require participating veterans
and facilities to comply with all appropriate rules and regulations,
as established by the Secretary; (3) require this provision to be
consistent with Capital Asset Realignment for Enhanced Services

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Alaska.

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122 STAT. 3712

PUBLIC LAW 110–329—SEPT. 30, 2008

activities; and (4) result in no additional cost to the Department
of Veterans Affairs or the Indian Health Service.
(INCLUDING

Deadlines.
Reports.

TRANSFER OF FUNDS)

SEC. 217. Such sums as may be deposited to the Department
of Veterans Affairs Capital Asset Fund pursuant to section 8118
of title 38, United States Code, may be transferred to the ‘‘Construction, major projects’’ and ‘‘Construction, minor projects’’ accounts,
to remain available until expended for the purposes of these
accounts.
SEC. 218. None of the funds available to the Department of
Veterans Affairs, in this Act, or any other Act, may be used to
replace the current system by which the Veterans Integrated Services Networks select and contract for diabetes monitoring supplies
and equipment.
SEC. 219. None of the funds made available in this title may
be used to implement any policy prohibiting the Directors of the
Veterans Integrated Services Networks from conducting outreach
or marketing to enroll new veterans within their respective Networks.
SEC. 220. The Secretary of Veterans Affairs shall submit to
the Committees on Appropriations of both Houses of Congress a
quarterly report on the financial status of the Veterans Health
Administration.
(INCLUDING

TRANSFER OF FUNDS)

SEC. 221. Amounts made available under the ‘‘Medical services’’,
‘‘Medical support and compliance’’, ‘‘Medical facilities’’, ‘‘General
operating expenses’’, and ‘‘National Cemetery Administration’’
accounts for fiscal year 2009, may be transferred to or from the
‘‘Information technology systems’’ account: Provided, That before
a transfer may take place, the Secretary of Veterans Affairs shall
request from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an approval
is issued.
(INCLUDING
Deadline.

SEC. 222. Amounts made available for the ‘‘Information technology systems’’ account may be transferred between projects: Provided, That no project may be increased or decreased by more
than $1,000,000 of cost prior to submitting a request to the Committees on Appropriations of both Houses of Congress to make the
transfer and an approval is issued, or absent a response, a period
of 30 days has elapsed.
(INCLUDING

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TRANSFER OF FUNDS)

TRANSFER OF FUNDS)

SEC. 223. Any balances in prior year accounts established for
the payment of benefits under the Reinstated Entitlement Program
for Survivors shall be transferred to and merged with amounts
available under the ‘‘Compensation and pensions’’ account, and
receipts that would otherwise be credited to the accounts established
for the payment of benefits under the Reinstated Entitlement Program for Survivors program shall be credited to amounts available
under the ‘‘Compensation and pensions’’ account.

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PUBLIC LAW 110–329—SEPT. 30, 2008

122 STAT. 3713

SEC. 224. Section 1710(f)(2)(B) of title 38, United States Code,
is amended by striking ‘‘September 30, 2008,’’ and inserting ‘‘September 30, 2009,’’.
SEC. 225. Section 1729(a)(2)(E) of title 38, United States Code,
is amended by striking ‘‘October 1, 2008,’’ and inserting ‘‘October
1, 2009,’’.
SEC. 226. The Department shall continue research into Gulf
War illness at levels not less than those made available in fiscal
year 2008, within available funds contained in this Act.
SEC. 227. (a) Upon a determination by the Secretary of Veterans
Affairs that such action is in the national interest, and will have
a direct benefit for veterans through increased access to treatment,
the Secretary of Veterans Affairs may transfer not more than
$5,000,000 to the Secretary of Health and Human Services for
the Graduate Psychology Education Program, which includes treatment of veterans, to support increased training of psychologists
skilled in the treatment of post-traumatic stress disorder, traumatic
brain injury, and related disorders.
(b) The Secretary of Health and Human Services may only
use funds transferred under this section for the purposes described
in subsection (a).
(c) The Secretary of Veterans Affairs shall notify Congress
of any such transfer of funds under this section.
SEC. 228. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of Veterans Affairs may be used in a manner that is inconsistent with—
(1) section 842 of the Transportation, Treasury, Housing
and Urban Development, the Judiciary, and Independent Agencies Appropriations Act, 2006 (Public Law 109–115; 119 Stat.
2506); or
(2) section 8110(a)(5) of title 38, United States Code.
SEC. 229. The Secretary of Veterans Affairs may carry out
a major medical facility lease in fiscal year 2009 in an amount
not to exceed $12,000,000 to implement the recommendations outlined in the August 2007 Study of South Texas Veterans’ Inpatient
and Specialty Outpatient Health Care Needs.
SEC. 230. Of the amounts made available to the Department
of Veterans Affairs for fiscal year 2009, in this Act or any other
Act, under the ‘‘Medical Facilities’’ account for non-recurring
maintenance, not more than 20 percent of the funds made available
shall be obligated during the last 2 months of the fiscal year:
Provided, That the Secretary may waive this requirement after
providing written notice to the Committees on Appropriations of
both Houses of Congress.
SEC. 231. Section 2703 of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane
Recovery, 2006 (120 Stat. 469) is amended—
(1) by inserting ‘‘(a)’’ before ‘‘Notwithstanding’’; and
(2) by adding at the end the following:
‘‘(b) This land shall be owned by the City of Gulfport for
no less than 50 years from the date of enactment of this Act.’’.
SEC. 232. None of the funds made available in this Act may
be used to carry out section 111(c)(5) of title 38, United States
Code, during fiscal year 2009.
SEC. 233. Notwithstanding any other provision of law, authority
to carry out activities provided for under section 1703(d)(4) of title
38, United States Code, shall continue in effect until January

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Notification.

Waiver authority.
Notice.

Extension date.

PUBL329

122 STAT. 3714

Extension date.

PUBLIC LAW 110–329—SEPT. 30, 2008

31, 2009, unless prior to that date, authorization is enacted into
law otherwise extending this authority.
SEC. 234. Notwithstanding any other provision of law, authority
to carry out activities provided for under section 5317(g) of title
38, United States Code, shall continue in effect until January
31, 2009, unless prior to that date, authorization is enacted into
law otherwise extending this authority.
TITLE III
RELATED AGENCIES
AMERICAN BATTLE MONUMENTS COMMISSION
SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the acquisition
of land or interest in land in foreign countries; purchases and
repair of uniforms for caretakers of national cemeteries and monuments outside of the United States and its territories and possessions; rent of office and garage space in foreign countries; purchase
(one-for-one replacement basis only) and hire of passenger motor
vehicles; not to exceed $7,500 for official reception and representation expenses; and insurance of official motor vehicles in foreign
countries, when required by law of such countries, $59,470,000,
to remain available until expended.
FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, such sums as may be
necessary, to remain available until expended, for purposes authorized by section 2109 of title 36, United States Code.
UNITED STATES COURT

OF

APPEALS

FOR

VETERANS CLAIMS

SALARIES AND EXPENSES

For necessary expenses for the operation of the United States
Court of Appeals for Veterans Claims as authorized by sections
7251 through 7298 of title 38, United States Code, $30,975,000,
of which $1,700,000 shall be available for the purpose of providing
financial assistance as described, and in accordance with the process
and reporting procedures set forth, under this heading in Public
Law 102–229.
DEPARTMENT

OF

DEFENSE—CIVIL

CEMETERIAL EXPENSES, ARMY

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SALARIES AND EXPENSES

For necessary expenses, as authorized by law, for maintenance,
operation, and improvement of Arlington National Cemetery and
Soldiers’ and Airmen’s Home National Cemetery, including the
purchase of two passenger motor vehicles for replacement only,
and not to exceed $1,000 for official reception and representation

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PUBL329

PUBLIC LAW 110–329—SEPT. 30, 2008

122 STAT. 3715

expenses, $36,730,000, to remain available until expended. In addition, such sums as may be necessary for parking maintenance,
repairs and replacement, to be derived from the Lease of Department of Defense Real Property for Defense Agencies account.
Funds appropriated under this Act may be provided to
Arlington County, Virginia, for the relocation of the federally owned
water main at Arlington National Cemetery making additional land
available for ground burials.
ARMED FORCES RETIREMENT HOME
TRUST FUND

For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home—
Washington, District of Columbia, and the Armed Forces Retirement
Home—Gulfport, Mississippi, to be paid from funds available in
the Armed Forces Retirement Home Trust Fund, $63,010,000, of
which $8,025,000 shall remain available until expended for
construction and renovation of the physical plants at the Armed
Forces Retirement Home—Washington, District of Columbia and
the Armed Forces Retirement Home—Gulfport, Mississippi.
TITLE IV

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GENERAL PROVISIONS
SEC. 401. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 402. Such sums as may be necessary for fiscal year 2009
for pay raises for programs funded by this Act shall be absorbed
within the levels appropriated in this Act.
SEC. 403. None of the funds made available in this Act may
be used for any program, project, or activity, when it is made
known to the Federal entity or official to which the funds are
made available that the program, project, or activity is not in
compliance with any Federal law relating to risk assessment, the
protection of private property rights, or unfunded mandates.
SEC. 404. No part of any funds appropriated in this Act shall
be used by an agency of the executive branch, other than for
normal and recognized executive-legislative relationships, for 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 Congress, except in presentation to Congress itself.
SEC. 405. All departments and agencies funded under this
Act are encouraged, within the limits of the existing statutory
authorities and funding, to expand their use of ‘‘E-Commerce’’ technologies and procedures in the conduct of their business practices
and public service activities.
SEC. 406. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government except pursuant to a transfer made
by, or transfer authority provided in, this or any other appropriations Act.
SEC. 407. Unless stated otherwise, all reports and notifications
required by this Act shall be submitted to the Subcommittee on

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Pay raises.

Lobbying.

Submissions.

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122 STAT. 3716

PUBLIC LAW 110–329—SEPT. 30, 2008

Military Construction, Veterans Affairs, and Related Agencies of
the Committee on Appropriations of the House of Representatives
and the Subcommittee on Military Construction, Veterans Affairs,
and Related Agencies of the Committee on Appropriations of the
Senate.
SEC. 408. None of the funds made available in this Act may
be used to modify the standards applicable to the determination
of the entitlement of veterans to special monthly pensions under
sections 1513(a) and 1521(e) of title 38, United States Code, as
in effect pursuant to the opinion of the United States Court of
Appeals for Veterans Claims in the case of Hartness v. Nicholson
(No. 04–0888, July 21, 2006).
SEC. 409. None of the funds made available in this Act may
be used for a project or program named for an individual then
serving as a Member, Delegate, or Resident Commissioner of the
United States Congress.
This division may be cited as the ‘‘Military Construction and
Veterans Affairs and Related Agencies Appropriations Act, 2009’’.
Approved September 30, 2008.

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LEGISLATIVE HISTORY—H.R. 2638 (S. 1644):
HOUSE REPORTS: No. 110–181 (Comm. on Appropriations).
SENATE REPORTS: No. 110–84 accompanying S. 1644 (Comm. on Appropriations).
CONGRESSIONAL RECORD:
Vol. 153 (2007): June 12–15, considered and passed House.
July 24–26, considered and passed Senate, amended.
Vol. 154 (2008): Sept. 24, House concurred in Senate amendment with an
amendment.
Sept. 26, 27, Senate considered and concurred in House
amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 44 (2008):
Sept. 30, Presidential statement.

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