H.R.2638 - Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009110th Congress (2007-2008)
Summary: H.R.2638 — 110th Congress (2007-2008)
Public Law (09/27/2008)
Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 - Division A: Continuing Appropriations Resolution, 2009 - Continuing Appropriations Resolution, 2009 - (Sec. 101) Makes continuing appropriations for FY2009 for continuing projects or activities that were conducted in FY2008, and for which appropriations, funds, or other authority were made available in the following appropriations Acts of the Consolidated Appropriations Act, 2008: (the Consolidated Appropriations Act, 2008): (1) the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2008; (2) the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2008; (3) the Energy and Water Development and Related Agencies Appropriations Act, 2008; (4) the Financial Services and General Government Appropriations Act, 2008; (5) the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2008; (6) the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2008; (7) the Legislative Branch Appropriations Act, 2008; (8) the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008; and (9) the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2008.
(Sec. 102) Requires rates for operations for such projects and activities to be calculated without regard to amounts designated in the applicable appropriations Acts for FY2008 as emergency requirements or necessary to meet emergency needs pursuant to any budget resolution, with specified exceptions for: (1) the Department of Health and Human Services, Food and Drug Administration; (2) the Department of Justice, Federal Bureau of Investigation (FBI); (3) the Department of Labor, Employment and Training Administration, State Unemployment Insurance and Employment Service operations; and (4) the Department of State, Administration of Foreign Affairs, diplomatic and consular programs, and embassy security, construction, and maintenance.
(Sec. 106) Provides funding under this Act until the earliest of: (1) enactment of an appropriation for projects or activities provided for in this Act; (2) enactment of the applicable appropriations Act for FY2009 without any provision for such projects or activities; or (3) March 6, 2009.
(Sec. 111) Continues through March 6, 2009, certain activities for entitlements and other mandatory payments whose budget authority was provided in appropriations Acts for FY2008, and for activities under the Food and Nutrition Act of 2008.
(Sec. 112) Authorizes apportionment of amounts made available under this Act for civilian personnel compensation and benefits in each department and agency up to the rate for operations necessary to avoid furloughs. Prohibits the use of such authority, however, until after the department or agency has taken all necessary actions to reduce or defer non-personnel-related administrative expenses.
(Sec. 114) Provides amounts at a specified rate for operations to the Department of Agriculture for: (1) the Food and Nutrition Service, the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC); and (2) the Rural Housing Service, the Rental Assistance Program.
(Sec. 116) Suspends through March 6, 2009, a required transfer of funds under the Food, Conservation, and Energy Act of 2008 to the Secretary of Agriculture, acting through the Administrator of the Food and Nutrition Service, for the Richard B. Russell National School Lunch Program.
(Sec. 117) Provides amounts for the Department of Agriculture, Rural Housing Service, Rural Housing Insurance Fund Program Account for the cost of unsubsidized guaranteed loans for borrowers under the Guaranteed Rural Housing Loan Program, at the rate necessary to maintain the same principal amount of loan guarantee commitments as made in FY2008.
(Sec. 119) Provides amounts for the Department of Agriculture, Food and Nutrition Service, Commodity Assistance Program at a specified rate for operations, with a specified portion earmarked for the Commodity Supplemental Food Program.
(Sec. 120) Provides amounts for the Department of Commerce, Bureau of the Census for periodic censuses and programs at a specified rate for operations. Allows the use of funds for additional promotion, outreach, and marketing activities.
(Sec. 121) Authorizes the Assistant Secretary for Communications and Information of the Department of Commerce to expend funds available under the Digital Television Transition and Public Safety Act of 2005 for additional administrative expenses of the digital-to-analog converter box program at a rate of up to $180 million through March 6, 2009.
(Sec. 122) Provides amounts at a specified rate for operations for: (1) the Department of Justice, Federal Prison System; and (2) the Department of Justice, General Administration, Detention Trustees.
(Sec. 124) Permits obligation of amounts provided for the National Aeronautics and Space Administration (NASA) 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 Senate Committee on Appropriations.
(Sec. 125) Amends the Iran, North Korea, and Syria Nonproliferation Act to extend from July 1, 2012, to January 1, 2016, the date before which federal payments for work or services necessary to meet U.S. obligations under the Agreement Concerning Cooperation on the Civil International Space Station are excluded from the calculation of extraordinary payments in connection with the International Space Station.
(Sec. 126) Provides additional amounts for the Department of Justice, General Legal Activities, Salaries and Expenses at a specified rate for operations to reimburse the Office of Personnel Management (OPM) for salaries and expenses associated with the federal observer program under the Voting Rights Act of 1965.
(Sec. 127) Extends through March 6, 2009, authority for Appalachian regional development.
(Sec. 128) Prohibits derivation from the Inland Waterways Trust Fund of any amounts provided under this Division for the Department of the Army, Corps of Engineers-Civil for inland waterway major rehabilitation projects.
(Sec. 129) Appropriates funds for FY2009 to the Department of Energy, for the Advanced Technology Vehicles Manufacturing Loan Program Account for the cost of direct loans as authorized by the Energy Independence and Security Act of 2007. Limits total commitments for direct loans using such funds to $25 billion.
Amends the Energy Independence and Security Act of 2007 with respect to the advanced technology vehicles manufacturing incentive program.
Requires loans made by the Secretary of Energy (Secretary throughout this section) to automobile manufacturers and component suppliers for advanced vehicles manufacturing facilities in the United States to be made through the Federal Financing Bank, with the full faith and credit of the federal government on the principal and interest. Requires the full credit subsidy to be paid by the Secretary using appropriated funds.
Modifies the Secretary's requirement to issue regulations regarding automobile manufacturer eligibility requirements for such loans to direct the Secretary, within 60 days after enactment of this Act, to promulgate an interim final rule establishing regulations necessary to administer such loans.
Authorizes the Secretary to use direct hiring authority to appoint such professional and administrative personnel for the incentive program.
(Sec. 130) Provides additional FY2009 amounts to the Department of Energy for weatherization assistance.
(Sec. 131) Provides additional amounts to the Department of the Treasury, Internal Revenue Service, Taxpayer Services to meet the requirements of the Economic Stimulus Act of 2008 at a specified rate for operations.
(Sec. 132) Provides additional amounts to the Executive Office of the President, Office of Administration for e-mail restoration activities at a specified rate for operations.
(Sec. 133) Provides amounts to the Executive Office of the President, Office of Administration, Presidential Transition Administrative Support to carry out the Presidential Transition Act of 1963 at a specified rate for operations.
(Sec. 134) Authorizes the District of Columbia to expend local funds for certain programs and activities as provided under title IV of S. 3260 (110th Congress), as reported by the Senate Committee on Appropriations, at a specified rate set forth in the Fiscal Year 2009 Proposed Budget and Financial Plan submitted to Congress by the District on June 9, 2008.
(Sec. 135) Provides amounts for a direct federal payment for emergency planning and security costs in the District of Columbia, at a specified rate for operations.
(Sec. 136) Provides an additional amount to the Federal Communications Commission for consumer education associated with the transition to digital television on February 17, 2009, at a specified rate for operations.
(Sec. 137) Provides amounts to the General Services Administration to carry out the Presidential Transition Act of 1963 at a specified rate for operations.
(Sec. 138) Provides amounts to the General Services Administration, Allowances and Office Staff for Former Presidents to provide certain services and facilities to the Presidents-Elect and Vice-Presidents-Elect at a specified rate for operations.
(Sec. 139) Requires the limitation on gross obligations applicable with respect to the National Credit Union Administration Central Liquidity Facility in the Financial Services and General Government Appropriations Act, 2008 to be the amount authorized by the Federal Credit Union Act (a total face value not to exceed twelve times the subscribed capital stock and surplus of the Central Liquidity Facility).
(Sec. 140) Provides amounts for both the Postal Regulatory Commission and the Office of the Inspector General of the U.S. Postal Service, to be derived by transfer from the Postal Service Fund.
(Sec. 142) Requires an annual and locality-based comparability pay increase for FY2009 of 3.9% for federal employees, including civilian employees of the Department of Homeland Security.
(Sec. 143) Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to extend through March 6, 2009, specified pilot programs of employment eligibility confirmation.
(Sec. 144) Continues through March 6, 2009, the requirement in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 that the Secretaries of State and of Homeland Security set aside 3,000 alien investor (EB-5) visas annually for 15 years for aliens (and spouses and children) eligible for admission under the Immigration and Nationality Act.
(Sec. 145) Extends through March 6, 2009, the national flood insurance program and a specified increased maximum amount the Director of the Federal Emergency Management Agency (FEMA) may borrow for the program, with the President's approval, from the Secretary of the Treasury under the National Flood Insurance Act of 1968.
(Sec. 146) Extends through March 6, 2009, specified authorities under the Defense Production Act of 1950.
(Sec. 147) Extends through March 6, 2009, the authority of the Secretaries of the Interior and of Agriculture to pilot test agency-wide joint permitting and leasing programs.
(Sec. 148) Extends through March 6, 2009, the authority of the Secretary of Agriculture to permit the State Forester of Utah to perform forest, rangeland, and watershed restoration services on National Forest System lands in Utah.
(Sec. 149) Continues through March 6, 2009, the authority of the Secretary of Agriculture to initiate the conveyance of U.S. Forest Service administrative sites.
(Sec. 150) Continues through March 6, 2009, the authority of the Secretary of the Interior or the Secretary of Agriculture (where National Forest System lands are involved) to renew expired, transferred, or waived grazing permits or leases.
(Sec. 151) Provides additional amounts, at a specified rate for operations, to the Department of the Interior, National Park Service for security and visitor safety activities related to the Presidential Inaugural Ceremonies.
(Sec. 152) Provides that amounts provided by this Act shall not be affected by specified provisions of the Consolidated Appropriations Act, 2008, namely prohibitions against: (1) the expenditure by the Department of the Interior of certain funds to conduct offshore preleasing, leasing, and related activities in specified areas of the west coast, the eastern Gulf of Mexico, and the North Atlantic; (2) oil and natural gas preleasing, and related activities in the Mid-Atlantic and South Atlantic planning areas; and (3) the use of funds to prepare or publish final regulations regarding a commercial leasing program for oil shale (and tar sands) resources on public lands or to conduct an oil shale lease sale.
(Sec. 153) Makes amounts provided for implementation of the Modified Water Deliveries to Everglades National Park available instead to the Army Corps of Engineers to carry out immediately Alternative 3.2.2.a to U.S. Highway 41 (the Tamiami Trail).
(Sec. 154) Continues through March 6, 2009, authorized activities under title II (relief from injury caused by import competition) of the Trade Act of 1974 for trade adjustment assistance (TAA) for workers, firms, and alternative TAA program for older workers.
(Sec. 155) Appropriates specified funds in lieu of the amount otherwise provided by section 101 for the Department of Health and Human Services, Administration for Children and Families, Low-Income Home Energy Assistance account to make payments under the Low-Income Home Energy Assistance Act of 1981, to remain available throughout FY2009. Earmarks funds for Low-Income Home Energy Assistance Program (LIHEAP) grants under the Act, including for leverage resources and emergency requirements.
Designates specified funds as an emergency requirement and necessary to meet emergency needs.
(Sec. 156) Provides amounts for the Corporation for National and Community Service to carry out the Civilian Community Corps program under the National and Community Service Act of 1990 at a specified rate for operations.
(Sec. 157) Makes amounts provided by this Act for the Department of Health and Human Services, Office of the Secretary, General Departmental Management also available for funding the National Commission on Children and Disasters.
(Sec. 158) Provides amounts for the Department of Education, Student Financial Assistance at a specified rate for operations. Earmarks funds for the Pell Grants Program under the Higher Education Act of 1965.
Prohibits through March 6, 2009, any ratable increase or decrease in appropriations for Pell Grants.
(Sec. 159) Makes specified appropriations for payment to the heirs-at-law of Stephanie Tubbs Jones, a former Representative from Ohio.
(Sec. 160) Makes appropriations to the 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.
Designates such amount as an emergency requirement and necessary to meet emergency needs.
(Sec. 161) Continues through March 6, 2009, the authority of federal agency heads under the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 to provide allowances, benefits, and gratuities to employees and assignees on official duty in Iraq or Afghanistan comparable to those provided by the Secretary of State to members of the Foreign Service.
(Sec. 162) Continues through March 6, 2009, the authority of the Overseas Private Investment Corporation (OPIC) under the the Foreign Assistance Act of 1961 to: (1) issue investment insurance and guaranties to eligible investors; and (2) make certain direct loans.
(Sec. 163) Earmarks certain funds appropriated for the Other Bilateral Economic Assistance, Department of the Treasury, Debt Restructuring in the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006 for use to assist Liberia in buying back its commercial debt through the Debt Reduction Facility of the International Development Association.
(Sec. 164) Exempts amounts provided by this Act from a specified limitation on administrative expenses for migration and refugee assistance.
(Sec. 165) Deems a specified increase in funds for Military Assistance, Funds Appropriated to the President, Foreign Military Financing Program, which shall apply to the $2.55 billion made available for assistance to Israel in FY2009 for procurement in Israel of defense articles and defense services, including research and development.
(Sec. 166) Provides amounts for the Department of Transportation, Federal Aviation Administration at a specified rate for operations, with a specified portion earmarked for aviation safety activities.
(Sec. 167) Requires amounts provided for the Department of Transportation, Maritime Administration to include amounts necessary to satisfy the salaries and benefits of employees of the U.S. Merchant Marine Academy.
(Sec. 168) Requires the Secretary of Housing and Urban Development (HUD) to obligate funds provided by this Act at a rate necessary to renew, in a timely manner, all section 8 project-based rental assistance contracts.
(Sec. 169) Extends through March 6, 2009, certain demolition, site revitalization, replacement housing, and tenant-based assistance grants to public housing agencies (PHAs) under the United States Housing Act of 1937.
(Sec. 170) Extends through March 6, 2009, HUD authority to insure and enter into commitments to insure home equity conversion mortgages (HECMs) for elderly homeowners under the National Housing Act (NHA).
(Sec. 171) Places a ceiling through March 6, 2009, on the loan principal of commitments to guarantee loans insured under the Mutual Mortgage Insurance Fund.
(Sec. 172) Permits the transfer of certain funds to the Working Capital Fund for information technology needs for the Federal Housing Administration (FHA).
(Sec. 173) Requires amounts provided for the National Transportation Safety Board to include amounts necessary to make lease payments due in FY2009 only, on an obligation incurred in 2001 under a capital lease.
(Sec. 174) Continues the United States Interagency Council on Homelessness through the earlier of: (1) March 6, 2009; or (2) the enactment of an authorization Act relating to the McKinney-Vento Homeless Assistance Act.
Division B: Disaster Relief and Recovery Supplemental Appropriations Act, 2008 - Disaster Relief and Recovery Supplemental Appropriations Act, 2008 - Makes emergency supplemental appropriations for disaster relief and recovery for FY2008.
Title I: Relief and Recovery from Natural Disasters - Chapter 1: Agriculture and Rural Development - Makes emergency supplemental appropriations to the Department of Agriculture for: (1) the Office of Inspector General; (2) the Agricultural Research Service; (3) the Animal and Plant Health Inspection Service; (4) the Natural Resources Conservation Service; (5) the Farm Service Agency; and (6) Rural Development Programs.
(Sec. 10101) Establishes the Rural Development Disaster Assistance Fund in the Treasury to provide additional amounts to the Secretary of Agriculture for authorized activities of the Rural Development Mission Area (RDMA) agencies in areas affected by a disaster.
Allows the Secretary to waive limitations on population, income, or cost-sharing otherwise applicable to an activity or project for which amounts in the Fund will be obligated.
(Sec. 10102) Declares that a specified waiver of the Paperwork Reduction Act and certain requirements for administrative procedural notice and comment in the Food, Conservation, and Energy Act of 2008 shall apply in implementing the supplemental agricultural disaster assistance program under such Act.
Chapter 2: Commerce and Science - Makes emergency supplemental appropriations to the Department of Commerce for: (1) the Economic Development Administration; (2) the National Oceanic and Atmospheric Administration (NOAA); and (3) the National Aeronautics and Space Administration (NASA).
Chapter 3: Energy and Water Development - Department of Defense - Civil - Makes emergency supplemental appropriations to the Department of Defense (DOD) for : (1) the Department of the Army Corps of Engineers for construction expenses related to the consequences of Hurricane Katrina and other hurricanes, floods and other natural disasters; (2) the Mississippi River and Tributaries for recovery from natural disasters; (3) navigation channel dredging and project repair; and (4) flood control and coastal emergencies.
Chapter 4: Financial Services and General Government - Independent Agencies - Makes emergency supplemental appropriations to the General Services Administration (GSA) for: (1) real property activities, the Federal Buildings Fund, and construction and acquisition; and (2) the Small Business Administration (SBA), including the Office of Inspector General.
Chapter 5: Homeland Security - Makes emergency supplemental appropriations to the Department of Homeland Security (DHS) for: (1) the Coast Guard; and (2) the Federal Emergency Management Agency (FEMA) for disaster relief.
(Sec. 10501) Rescinds additional FEMA funds earmarked for disaster relief to Mississippi for Hurricane Katrina.
Appropriates such rescinded funds to FEMA state and local programs for a grant to Mississippi for an interoperable communications system required in the aftermath of Hurricane Katrina.
(Sec. 10502) Appropriates funds to the DHS Secretary, to remain available through FY2009, for reimbursement to the American Red Cross for disaster relief and recovery expenditures and emergency services provided in the United States associated with hurricanes, floods, and other natural disasters occurring in 2008. Requires the Comptroller General to audit the use of such funds.
(Sec. 10503) Prohibits FEMA from beginning the statutory appeals process required under the National Flood Insurance Act of 1968 in the city of St. Louis, St. Charles and St. Louis counties in Missouri, and Madison, Monroe, and St. Clair counties in Illinois until preliminary flood insurance rate maps initiated before 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 such areas.
Chapter 6: Interior and Environment - Makes emergency supplemental appropriations to the Department of the Interior for: (1) the Bureau of Land Management for wildland fire management; and (2) the U.S. Fish and Wildlife Service for construction.
Makes emergency supplemental appropriations to the Department of Agriculture Forest Service for: (1) capital improvements and maintenance; and (2) wildland fire management.
Chapter 7: Health and Human Services and Education - Makes emergency supplemental appropriations to the Department of Health and Human Services for the Administration for Children and Families Social Services Block Grant program.
Makes emergency supplemental appropriations to the Department of Education for: (1) school improvement programs; and (2) higher education disaster relief.
(Sec. 10701) Amends the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006, with respect to elementary and secondary education hurricane relief, to extend through FY2009 the authority of the Secretary of Education, in providing any grant or other assistance to entities in states in which a major disaster was declared relating to Hurricane Katrina or Rita, to waive or modify requirements relating to: (1) maintenance of effort; (2) use of federal funds to supplement, not supplant, non-federal funds; or (3) any non-federal share or capital contribution required to match federal funds.
Applies the Secretary's extended waiver authority to major disaster areas affected by natural disasters in 2008.
(Sec. 10702) Requires the Secretary, with respect to funds made available for academic year 2009-2010 to an institution of higher education (IHE) located in an area affected by a 2008 natural disaster, to waive the requirement that a participating IHE provide a non-federal share or a capital contribution to match federal funds provided under the Higher Education Act of 1965.
Chapter 8: Military Construction - Makes emergency supplemental appropriations to DOD for military construction by the Army National Guard.
Chapter 9: Department of State and Foreign Operations - Makes emergency supplemental appropriations to the Department of State for the International Boundary and Water Commission, United States and Mexico for construction.
Chapter 10: Transportation and Housing and Urban Development - Makes emergency supplemental appropriations to: (1) the Department of Transportation (DOT) for the Federal Highway Administration for federal-aid highways and the Emergency Relief Program, and the Federal Railroad Administration for railroad rehabilitation and repair; and (2) the Department of Housing and Urban Development (HUD) for tenant-based rental assistance in public and Indian housing, and community planning and development.
(Sec. 11001) Amends the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 to extend through May 15, 2009, the Secretary of Transportation's authority to: (1) waive the federal matching share requirements for federal transit assistance programs (including the federal matching share requirements contained in existing federal assistance grant agreements) for recipients of such assistance directly affected by Hurricane Katrina; and (2) allow such recipients to use such assistance for operating assistance, notwithstanding the terms and conditions contained in existing federal assistance grant agreements.
(Sec. 11002) Authorizes the HUD Secretary to transfer from one project to another, at project owner request, any project-based assistance contract in its entirety entered into pursuant to section 8 (public housing rental assistance) of the United States Housing Act of 1937 (and any use restriction on the project).
(Sec. 11003) Amends the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 to extend through calendar 2009 the authority of the HUD Secretary to permit a public housing agency (PHA) to combine assistance under the United States Housing Act of 1937 to facilitate the use of funds to assist families in Louisiana and Mississippi who were receiving housing assistance immediately before the 2005 hurricanes and were displaced from their housing by them.
Title II: Other Supplemental Appropriations - Chapter 1: State and Foreign Operations - Makes emergency supplemental appropriations to the Department of State for: (1) the Office of Inspector General; and (2) bilateral economic assistance.
Chapter 2: Agriculture - Makes emergency supplemental appropriations to the Secretary of Agriculture for the Bill Emerson Humanitarian Trust.
Title III: General Provisions - (Sec. 30002) Designates each amount in this Act as an emergency requirement and necessary to meet emergency needs.
(Sec. 30003) Declares that, unless otherwise expressly provided, each amount in this Act is a supplemental appropriation for FY2008 or, if enacted after September 30, 2008, for FY2009.
Division C: Department of Defense Appropriations Act, 2009 - Department of Defense Appropriations Act, 2009 - Title I: Military Personnel - Appropriates funds for FY2009 for active-duty and reserve personnel in the Army, Navy, Marine Corps, and Air Force, and for National Guard personnel in the Army and Air Force.
Title II: Operation and Maintenance - Appropriates funds for FY2009 for operation and maintenance (O&M) for the Army, Navy, Marine Corps, and Air Force, the defense agencies, the reserve components, and the Army and Air National Guard. Appropriates funds for: (1) the United States Court of Appeals for the Armed Forces; (2) environmental restoration for the military departments, the Department of Defense (DOD), and at formerly used defense sites; (3) overseas humanitarian, disaster, and civic aid; and (4) cooperative threat reduction.
Title III: Procurement - Appropriates funds for FY2009 for procurement by the Armed Forces of aircraft, missiles, weapons, tracked combat vehicles, ammunition, shipbuilding and conversion, and other procurement. Appropriates funds for: (1) defense-wide procurement; (2) National Guard and reserve equipment; and (3) certain procurements under the Defense Production Act of 1950.
Title IV: Research, Development, Test and Evaluation - Appropriates funds for FY2009 for research, development, test and evaluation (RDT&E) by the Armed Forces and defense agencies. Appropriates funds for the Director of Operational Test and Evaluation.
Title V: Revolving and Management Funds - Appropriates funds for: (1) the Defense Working Capital Funds; and (2) programs under the National Defense Sealift Fund.
Title VI: Other Department of Defense Programs - Appropriates funds for: (1) the Defense Health Program; (2) the destruction of lethal chemical agents and munitions; (3) drug interdiction and counter-drug activities, defense; and (4) the Office of the Inspector General.
Title VII: Related Agencies - Appropriates funds for the: (1) Central Intelligence Agency Retirement and Disability System Fund; and (2) Intelligence Community Management Account.
Title VIII: General Provisions - Specifies authorized, restricted, and prohibited uses of authorized funds.
(Sec. 8007) Requires a report from DOD to the congressional defense committees to establish the baseline for application of FY2009 reprogramming and transfer authorities.
(Sec. 8011) Authorizes procurement funds to be used for a multiyear procurement contract for the SSN Virginia class submarine.
(Sec. 8013) Prohibits, during FY2009, the management by end-strengths of DOD civilian personnel.
(Sec. 8024) Authorizes DOD to incur obligations of up to $350 million for DOD military compensation, construction projects, and supplies and services in anticipation of receipts of contributions from the government of Kuwait.
(Sec. 8026) Prohibits the use of funds from this Act to establish a new federally funded research and development center (FFRDC). Limits the federal compensation to be paid to FFRDC members or consultants. Prohibits the use of FY2009 funds for new building construction, cost-sharing payments for projects funded by government grants, absorption of cost overruns, or certain charitable contributions. Limits the staff years of technical effort that may be funded for FFRDCs from FY2009 funds. Reduces by $84 million the total amount appropriated in this Act for FFRDCs.
(Sec. 8027) Provides Buy American requirements with respect to the DOD procurement of carbon, alloy, or armor steel plating.
(Sec. 8030) Requires the Secretary of Defense (Secretary, for purposes of this Division) to report to Congress on the amount of DOD purchases from foreign entities in FY2009.
(Sec. 8032) Authorizes the Secretary of the Air Force to convey to Indian tribes located in North Dakota, South Dakota, Montana, and Minnesota relocatable military housing units currently located at Grand Forks and Minot Air Force Bases that are excess to the needs of the Air Force. Requires the Operation Walking Shield Program to resolve any housing unit conflicts arising after such conveyance.
(Sec. 8037) Makes specified DOD O&M funds available only for the mitigation of environmental impacts on Indian lands resulting from DOD activities.
(Sec. 8038) Prohibits the use of funds: (1) by a DOD entity without compliance with the Buy American Act; (2) to establish additional field operating agencies of DOD elements, except for those funded within the National Foreign Intelligence Program and Army agencies established to eliminate, mitigate, or counter the effects of improvised explosive devices; (3) for assistance to the Democratic People's Republic of North Korea, unless specifically appropriated for such purpose; and (4) to reduce the civilian medical and medical support personnel assigned to military treatment facilities below the September 30, 2003, level.
(Sec. 8042) Rescinds specified funds from various accounts under prior defense appropriations Acts.
(Sec. 8047) Prohibits the transfer to any other department or agency, except as specifically provided in an appropriations law, of funds available to DOD or the Central Intelligence Agency (CIA) for drug interdiction or counter-drug activities.
(Sec. 8051) Prohibits current fiscal year DOD funds from being obligated or expended to transfer to another nation or international organization defense articles or services for use in any United Nations (UN) peacekeeping or peace enforcement operation, or for any other international peacekeeping, peace enforcement, or humanitarian assistance operation, unless specified congressional committees are given 15 days' advance notice.
(Sec. 8058) Makes DOD funds available to provide transportation of medical supplies and equipment to: (1) American Samoa; and (2) the Indian Health Service in conjunction with a civil-military project.
(Sec. 8059) Prohibits funds from being used to approve or license the sale of the F-22 advanced tactical fighter to any foreign government.
(Sec. 8060) Authorizes the Secretary, on a case-by-case basis, to waive limitations on the procurement of defense items from a foreign country if: (1) the Secretary determines that such limitations would invalidate cooperative or reciprocal trade agreements for the procurement of defense items; and (2) such country does not discriminate against the same or similar defense items procured in the United States for that country. Provides exceptions.
(Sec. 8061) Prohibits the use of appropriated funds to support a training program of any unit of the security forces of a foreign country if credible information exists that such unit has committed a gross violation of human rights, unless all necessary corrective steps have been taken. Requires the monitoring of such information. Authorizes the Secretary to waive such prohibition under extraordinary circumstances (requiring a report to the defense committees on any such waiver).
(Sec. 8067) Authorizes members of the National Guard performing full-time duty to support ground-based elements of the National Ballistic Missile Defense System.
(Sec. 8068) Prohibits appropriated funds from being used to transfer to any nongovernmental entity specified armor-piercing ammunition, except to an entity performing demilitarization services for DOD.
(Sec. 8069) Authorizes the Chief of the National Guard Bureau to waive payment for the lease of non-excess DOD personal property to certain, youth, social, or fraternal nonprofit organizations.
(Sec. 8075) Authorizes the Secretary to carry out a program to distribute surplus DOD dental and medical equipment to Indian Health Service facilities and federally-qualified health centers.
(Sec. 8076) Earmarks specified RDT&E funds for the Israeli Cooperative Programs, including producing Arrow missile components in the United States and Israel to meet Israel's defense requirements.
(Sec. 8077) Makes Navy shipbuilding and conversion funds available to fund prior-year shipbuilding cost increases, allocating such funds among specified naval accounts.
(Sec. 8082) Appropriates funds for a grant by the Secretary of the Army to facilitate access by veterans to opportunities for skilled employment in the construction industry.
(Sec. 8083) Appropriates funds for assistance to public schools that have unusually high concentrations of special needs military dependents enrolled.
(Sec. 8084) Appropriates funds to DOD for 12 specified grants by the Secretary.
(Sec. 8085) Directs: (1) DOD and the Army to make future budgetary and programming plans to fully finance the Non-Line of Sight Objective Force cannon and ammunition resupply capability in order to field such system in FY2010; and (2) the Army to deliver five pre-production systems by the end of 2008, and three by the end of 2009.
(Sec. 8086) Requires the FY2010 budget to include separate budget justification documents for costs of U.S. Armed Forces' participation in contingency operations for the military personnel, O&M, and procurement accounts.
(Sec. 8087) Prohibits funds from being used for RDT&E, procurement, or deployment of nuclear armed interceptors of a missile defense system.
(Sec. 8090) Prohibits the availability of funds for integration of foreign intelligence information unless such information has been lawfully collected and processed during the conduct of authorized foreign intelligence activities.
(Sec. 8091) Requires Ready Reserve members who are called or ordered to active duty in time of national emergency to be notified of their expected mobilization period at the time they are called or ordered. Allows the Secretary to waive such requirement in order to respond to a national security emergency or meet dire operational requirements.
(Sec. 8096) Earmarks funds for the operations and development of training and technology for the Joint Interagency Training and Education Center and affiliated Center for National Response at the Memorial Tunnel, and certain related homeland defense/security training purposes.
(Sec. 8099) Earmarks funds to enable the U.S. Pacific Command to execute humanitarian assistance activities and the payment of costs of training and exercising with foreign security forces.
(Sec. 8101) Reduces by specified amounts the total amounts appropriated in titles II, III, and IV of this Division, to reflect savings from revised economic assumptions.
(Sec. 8104) Directs the Secretary to create a major force program category for space for DOD's future years defense program.
(Sec. 8106) Prohibits the use of funds to: (1) establish any military installation or base for the permanent stationing of U.S. Armed Forces in Iraq; or (2) exercise U.S. control over any oil resource of Iraq.
(Sec. 8108) Prohibits the use of funds in contravention of specified laws or regulations promulgated to implement the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
(Sec. 8110) Requires the Secretary to maintain on the DOD Internet website homepage a direct link to the Internet website of the DOD's Office of Inspector General.
(Sec. 8111) Requires the Director of National Intelligence (DNI) to report to the intelligence committees on establishing the baseline for application of reprogramming and transfer authorities for FY2009. Limits the availability of National Intelligence Program funds until such report is submitted.
(Sec. 8112) Requires the DNI to submit annually to Congress a future-years intelligence program reflecting estimated expenditures and proposed appropriations.
(Sec. 8114) Directs DOD to continue to report on a monthly basis incremental contingency operations costs for Operations Iraqi Freedom and Enduring Freedom.
(Sec. 8115) Establishes the Horsham Joint Interagency Installation in Horsham Township, Pennsylvania. Directs the Secretary of the Navy to transfer to the Secretary of the Air Force certain lands, easements, and facilities at NASJRB Willow Grove, including an airfield to be known as Pitcairn-Willow Grove Field. Requires the Secretary of the Air Force to convey to the Commonwealth of Pennsylvania all transferred lands, easements, and facilities, for use by the Installation.
(Sec. 8116) Appropriates funds for the use of special pay for members whose period of obligated service is extended, or whose eligibility for retirement is suspended, due to the President's authority to extend such service or suspend such retirement (commonly referred to as stop-loss authority). Prohibits such special pay from exceeding $500 per month. Directs the Secretary, before obligating or expending any funds for such purpose, to submit to the appropriations committees a plan for the provision of such pay.
(Sec. 8117) Suspends the running of any statute of limitations on certain offenses against the United States when Congress has enacted a specific authorization for the use of Armed Forces, as described under the War Powers Resolution. Extends such suspension for five (currently, three) years after the termination of such hostilities, or by congressional concurrent resolution.
(Sec. 8118) Amends the USEC Privatization Act to state that 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 essential U.S. security interests with respect to the nonproliferation of nuclear weapons. Provides specific U.S. import limits, for 2008 and thereafter and prior to the completion of the Russian HEU (highly enriched uranium) Agreement (the Agreement), of low-enriched uranium. Provides specific limits, for 2014 and thereafter and following completion of the Agreement, of low-enriched uranium produced in the Russian Federation. Allows for additional imports of low-enriched uranium over such limits if the Russian Federation agrees (by way of a bilateral agreement with the United States) to downblend an additional 300 metric tons of highly enriched uranium after the completion of the Agreement. Limits to 120,000 kilograms the amount of low-enriched uranium that may be imported in any year.
Provides a limited waiver of the import restrictions when the Secretaries of Energy and State jointly determine that: (1) failure of completion of the Agreement is beyond the control and without the fault of the government of the Russian Federation; and (2) that government has made reasonable efforts to avoid and mitigate the effects of such failure. Prohibits the waiver from taking effect until 180 days after congressional notification.
Directs the Secretary of: (1) Commerce to periodically adjust the import limits; and (2) Energy to provide incentive adjustments to such limits by the percentage increase (or decrease) in the amount of uranium loaded into U.S. nuclear power reactors in the most recent three-year period. Allows the Secretary of Commerce to adjust such limits upon: (1) determination that the available supplies of low-enriched uranium and the available stockpiles of uranium of the Department of Energy are insufficient to meet demand; and (2) notification of Congress 45 days in advance of the adjustment.
Authorizes the downblending of highly enriched uranium not of weapons origin if the Secretary of Energy determines that such uranium poses a risk to U.S. national security.
Terminates the import restrictions on December 31, 2020.
Requires the Secretary of: (1) Energy to verify the origin, quantity, and uranium-235 content of the downblended highly enriched uranium; and (2) Commerce to be responsible for enforcing the import limits.
(Sec. 8119) Reduces by $859 million the total amount appropriated in title II of this Division, to reflect excess cash balances in DOD Working Capital Funds.
Division D: Department of Homeland Security Appropriations Act, 2009 - Department of Homeland Security Appropriations Act, 2009 - Title I: Departmental Management and Operations - Makes appropriations for the Department of Homeland Security (DHS) for FY2009 for executive management, analysis and operations, and the Offices of the Secretary of Homeland Security, the Under Secretary for Management, the Chief Financial Officer, the Chief Information Officer, the Federal Coordinator for Gulf Coast Rebuilding, and the Inspector General.
Title II: Security, Enforcement, and Investigations - Makes appropriations for FY2009 for: (1) U.S. Customs and Border Protection (CBP), including for automation modernization, customs and border protection fencing, infrastructure, and technology, and air and marine interdiction, operations, maintenance, and procurement, and construction; (2) U.S. Immigration and Customs Enforcement (ICE), including for identifying and removing aliens convicted of a crime once they are judged deportable, the Federal Protective Service, automation modernization, and construction; (3) the Transportation Security Administration (TSA), including for aviation security (including screening operations and explosives detection systems), surface transportation security, the Office of Transportation Threat Assessment and Credentialing, transportation security support, and Federal Air Marshals; (4) the Coast Guard, including for environmental compliance and restoration, reserve training, acquisition, construction, and improvements, alteration of bridges, research, development, test, and evaluation, and retired pay; and (5) the U.S. Secret Service, including for acquisition, construction, improvements, and related expenses.
Prohibits obligation of certain funds available for the Integrated Deepwater Systems program until congressional appropriations committees receive an expenditure plan directly from the Coast Guard meeting specified criteria.
Title III: Protection, Preparedness, Response, and Recovery - Makes appropriations for FY2009 for: (1) the Office of the Under Secretary for National Protection and Programs Directorate, including for infrastructure protection and information security programs and activities, the United States Visitors and Immigrant Status Indicator Technology Project (US-VISIT), and the Office of Health Affairs; and (2) the Federal Emergency Management Agency (FEMA), including for grants for state and local programs, firefighter assistance, and emergency management performance, the radiological emergency preparedness program, the U.S. Fire Administration, disaster relief and the disaster assistance direct loan program account, the Flood Map Modernization Fund, the National Flood Insurance Fund, the National Pre-Disaster Mitigation Fund, and the emergency food and shelter program. Rescinds specified funds for Cerro Grande fire claims.
Title IV: Research and Development, Training, and Services - Makes appropriations for FY2009 for: (1) U.S. Citizenship and Immigration Services (CIS), including funding for the E-Verify program to assist U.S. employers with maintaining a legal workforce; (2) the Federal Law Enforcement Training Center, including for acquisition, construction, improvements, and related expenses; (3) the Office of the Under Secretary for Science and Technology, including for research, development, acquisition, and operations; and (4) the Domestic Nuclear Detection Office, including for research, development, testing, evaluation, and operations and for systems acquisition and deployment.
Title V: General Provisions - (Sec. 501) Sets forth limitations and prohibitions on the availability, use, reprogramming, or transfer of funds for specified programs and activities under this Act.
(Sec. 507) Designates the Federal Law Enforcement Training Accreditation Board to lead the federal law enforcement training accreditation process. Requires the Director of the Federal Law Enforcement Training Center to schedule basic or advanced law enforcement training at all four training facilities under the Center's control to ensure that these centers are operated at the highest capacity throughout the fiscal year.
(Sec. 512) Prohibits: (1) the obligation of funds for deployment or implementation of the Secure Flight program or other follow on or successor passenger prescreening program on other than a test basis until the Secretary has certified and the Government Accountability Office (GAO) has reported that prescribed conditions have been met; and (2) use, during the testing phase, of information gathered from passengers, foreign or domestic air carriers, or reservation systems to screen aviation passengers or to delay or deny boarding to such passengers, except where passenger names are matched to a government watch list.
(Sec. 513) Prohibits the use of funds made available in this Act to amend the oath of allegiance required under the Immigration and Nationality Act.
(Sec. 514) Prohibits the use of funds appropriated by this Act to process or approve a competition under Office of Management and Budget (OMB) Circular A-76 for services provided as of June 1, 2004, by employees of CIS who are known as Immigration Information Officers, Contact Representatives, or Investigative Assistants.
(Sec. 515) Directs the Secretary to research, develop, and procure new technologies to inspect and screen air cargo carried on passenger aircraft at the earliest date possible. Requires existing checked baggage explosive detection equipment and screeners to be used to the greatest extent practicable at each airport until the new technologies are available. Requires TSA to report to the Appropriations Committees on air cargo inspection statistics by airport and air carrier. Requires incremental quarterly increases in the screening of such cargo. Provides that any funds appropriated or transferred to TSA "Aviation Security," "Administration," and "Transportation Security Support" for FY2004-FY2007 that are recovered or deobligated shall be available only for procurement and installation of explosive detection systems for air cargo, baggage, and checkpoint screening systems, subject to notification.
(Sec. 522) Prohibits the use of funds: (1) for deployment or operation of a DHS human resources management system in ; (2) in FY2009 to enforce provisions of the Intelligence Reform and Terrorism Prevention Act of 2004 regarding the prohibition on air passengers carrying butane lighters unless the Assistant Secretary (TSA) reverses the determination of July 19, 2007, that butane lighters are not a significant threat to civil aviation security; (3) 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; or (4) to conduct, or implement the results of, a competition under OMB Circular A-76 for activities performed with respect to the Coast Guard National Vessel Documentation Center.
(Sec. 535) Prohibits the use of CBP funds to prevent an individual from importing a prescription drug from Canada if: (1) such individual is not in the business of importing a prescription drug; and (2) such drug complies with specified provisions of the Federal Food, Drug, and Cosmetic Act and is not a controlled substance or a biological product. Makes this section applicable only to individuals transporting on their person a personal-use quantity of the prescription drug, not to exceed a 90-day supply.
(Sec. 538) Prohibits the use of funds for planning, testing, piloting, or developing a national identification card.
(Sec. 539) Requires the FEMA Administrator, within 30 days after the President determines whether to declare a major disaster because of an event and any appeal is completed, to submit to specified congressional committees a report that summarizes damage assessment information used in that determination.
(Sec. 540) Authorizes the liquidation of the National Bio and Agro-defense Facility at Plum Island, New York. Allows the proceeds of the sale to be used to offset the costs of the Facility and certain expenses related to the sale.
(Sec. 543) Directs the Secretary to establish a process to ensure that an alien applying for recurrent training in the operation of any aircraft is properly identified and has not, since the time of any prior threat assessment, become a risk to aviation or national security. Allows the Secretary to charge reasonable fees for providing credentialing and background investigations for aliens in connection with such process.
(Sec. 546) Directs the President to provide single payments for eligible costs under the Robert T. Stafford Disaster Relief and Emergency Assistance Act to police and fire stations and criminal justice facilities that were damaged by Hurricanes Katrina or Rita in 2005. Prohibits the President from reducing the amount of assistance provided to a local government under that Act more than once for each such type of facility.
(Sec. 547) Makes funds available for grants to states pursuant to the REAL ID Act of 2005, as well as sums to develop an information sharing and verification capability to support implementation of that Act.
(Sec. 548) Directs FEMA to reimburse Jones and Harrison Counties, Mississippi, under the Stafford Act for unreimbursed costs relating to debris removal incurred as a result of Hurricane Katrina.
(Sec. 549) Rescinds unobligated balances of prior year appropriations made available for TSA, with exceptions.
Division E: Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2009 - Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2009 - Title I: Department of Defense - Appropriates funds for FY2009 for the Department of Defense (DOD) for: (1) military construction for the Army, Navy and Marine Corps, and Air Force (military departments), DOD, the Army and Air National Guard, and the Army, Navy, and Air Force reserves; (2) the North Atlantic Treaty Organization (NATO) Security Investment Program; (3) family housing and related operation and maintenance for the military departments and DOD; (4) the Department of Defense Family Housing Improvement Fund; (5) the Homeowners Assistance Fund; (6) chemical demilitarization construction; and (7) the Department of Defense Base Closure Accounts of 1990 and 2005.
Specifies restrictions and authorizations regarding the use of funds appropriated in this title and in other military construction appropriations Acts.
(Sec. 113) Directs the Secretary of Defense to notify the appropriate congressional committees 30 days in advance of the plans and scope of any proposed military exercise involving U.S. personnel if construction costs are anticipated to exceed $100,000.
(Sec. 118) Directs the Secretary to report to the appropriations committees on actions taken by DOD and the Department of State to encourage other members of NATO, Japan, South Korea, and U.S. allies bordering the Arabian Sea to assume a greater share of the common defense burden of such nations and the United States.
(Sec. 121) Requires the Secretary of the military department concerned, at least 60 days prior to issuing any solicitation for a contract with the private sector for military family housing, to notify the appropriations committees of any guarantees (including the making of mortgage or rental payments) proposed to be made to the private party in the event of: (1) the closure or realignment of the installation for which the housing is provided; (2) a reduction in force of units stationed at such installation; or (3) the extended deployment overseas of units stationed at such installation.
(Sec. 122) Authorizes the transfer of DOD funds for expenses associated with the Homeowners Assistance Program under the Demonstration Cities and Metropolitan Development Act of 1966.
(Sec. 125) Places specified restrictions and limitations on the obligation or expenditure of funds made available in this title or in any other military construction appropriations Act to carry out a military construction, land acquisition, or family housing project at or for a military installation approved for closure, or for supporting a function that has been approved for realignment to another installation, in 2005 under the Defense Base Closure and Realignment Act of 1990.
(Sec. 127) Prohibits the use of funds for any action related to or promoting the expansion of the boundaries or size of the Pinon Canyon Maneuver Site, Colorado.
(Sec. 129) Directs the Secretary of the Air Force to transfer specified funds to the American Battle Monuments Commission to conduct an engineering study on the restoration of the Lafayette Escadrille Memorial in Marnes-La-Coquette, France.
(Sec. 130) Rescinds specified DOD family housing construction funds.
(Sec. 131) Appropriates funds for the construction of: (1) Air National Guard fire stations; and (2) facilities consistent with Army National Guard emerging requirements.
Title II: Department of Veterans Affairs - Authorizes appropriations for the Department of Veterans Affairs (VA) for: (1) veterans' benefits programs; (2) readjustment benefits; (3) veterans insurance and indemnities; (4) the Veterans Housing Benefit Program Fund; (5) the Vocational Rehabilitation Loans Program; (6) the Native American Veteran Housing Loan Program; (7) guaranteed transitional housing loans for homeless veterans; (8) the Veterans Health Administration (including for medical and prosthetic research); (9) the National Cemetery Administration; (10) general operating expenses; (11) information technology systems; (12) the Office of the Inspector General; (13) construction for major and minor projects; and (14) grants for the construction of state extended care facilities and veterans cemeteries.
Specifies restrictions and authorizations regarding the use of funds appropriated in this title.
(Sec. 210) Makes funds from this title available to reimburse expenses of the Office of Resolution Management and the Office of Employment Discrimination Complaint Adjudication, within specified limits.
(Sec. 216) Directs the Secretary of Veterans Affairs (Secretary, for purposes of this title) to allow veterans eligible under existing VA medical care requirements and who reside in Alaska to obtain medical services from facilities supported by the Indian Health Service or tribal organizations.
(Sec. 218) Prohibits the VA from using funds available in this or any other Act to replace the current system by which the Veterans Integrated Service Networks select and contract for diabetes monitoring supplies and equipment.
(Sec. 220) Directs the Secretary to report quarterly to the appropriations committees on the financial status of the Veterans Health Administration.
(Sec. 224) Extends through FY2009: (1) specified per diem copayments in connection with the provision of VA hospital and nursing home care; and (2) the right to recovery from third-party insurers in connection with VA treatment for non-service-connected disabilities.
(Sec. 226) Requires the VA to continue research into Gulf War Illness at levels not less than those made available in FY2008, within available funds contained in this Act.
(Sec. 227) Authorizes the Secretary, in the national interest, to transfer up to $5 million to the Secretary of Health and Human Services to support increased training of psychologists skilled in the treatment of post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), and related disorders. Requires the Secretary to notify Congress of each transfer.
(Sec. 229) Authorizes the Secretary to carry out a major medical facility lease in FY2009 to implement the recommendations outlined in the August, 2007 study of south Texas veterans' inpatient and specialty outpatient health care needs.
(Sec. 232) Prohibits VA funds from being used during FY2009 to adjust the rates of deductibles charged in connection with the beneficiary travel program.
(Sec. 233) Continues through January 31, 2009, VA authority to: (1) conduct recovery audits of contracts for the non-VA care of veterans; and (2) obtain income verification information from the Secretary of the Treasury or the Commissioner of Social Security in connection with needs-based veterans' benefits.
Title III: Related Agencies - Appropriates funds for: (1) the American Battle Monuments Commission; (2) the U.S. Court of Appeals for Veterans Claims; (3) cemeterial expenses, Army; and (4) the Armed Forces Retirement Home.
Title IV: General Provisions - Specifies restrictions and authorizations regarding the use of funds appropriated in this Act.
(Sec. 409) Prohibits funds from being used for any project or program named for an individual then serving as a Member, Delegate, or Resident Commissioner of Congress.