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

== Detailed Summary ==


<summary>
Department of Homeland SecurityConsolidated Security, Disaster Assistance, and Continuing Appropriations Act, 20082009 - <b>Title I: Department of Homeland Security Departmental Management and Operations<b>Division A: Continuing Appropriations Resolution, 2009</b> - </b>MakesContinuing Appropriations Resolution, 2009 - (Sec. 101) Makes continuing appropriations for the Department of Homeland Security (DHS)FY2009 for FY2008continuing projects or activities that were conducted in FY2008, and for which appropriations, funds, or other authority were made available in the Officesfollowing appropriations Acts of the Secretary,Consolidated Appropriations Act, 2008: (the Consolidated Appropriations Act, 2008): (1) the Under Secretary for Management,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 Chief Financial Officer,Services and General Government Appropriations Act, 2008; (5) the Chief Information Officer,Department of the Federal Coordinator for Gulf Coast Rebuilding,Interior, Environment, and Related Agencies Appropriations Act, 2008; (6) the Inspector General.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.

Withholds specified funds until the Secretary of Homeland Security (Secretary) certifies(Sec. 102) Requires rates for operations for such projects and reportsactivities to the House and Senate Appropriations Committees that DHS has revised its guidance with respectbe calculated without regard to relations withamounts designated in the Government Accountability Office (GAO) to specifically provide for expedited timeframesapplicable appropriations Acts for providing GAO with accessFY2008 as emergency requirements or necessary to records, interviewsmeet emergency needs pursuant to any budget resolution, with specified exceptions for: (1) the Department of program officials,Health and a significant streamliningHuman Services, Food and Drug Administration; (2) the Department of Justice, Federal Bureau of Investigation (FBI); (3) the review process for documentsDepartment 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 interview requests.maintenance.

Prohibits(Sec. 106) Provides funding under this Act until the useearliest of: (1) enactment of specified funds to supportan appropriation for projects or supplement the appropriationsactivities provided for in this Act; (2) enactment of the United States Visitor and Immigrant Status Indicator Technology project (US-VISIT)applicable appropriations Act for FY2009 without any provision for such projects or the Automated Commercial Environment.activities; or (3) March 6, 2009.

Requires the Director of Operations Coordination to encourage rotating state(Sec. 111) Continues through March 6, 2009, certain activities for entitlements and local fire service representation atother mandatory payments whose budget authority was provided in appropriations Acts for FY2008, and for activities under the National Operations Center.Food and Nutrition Act of 2008.

Requires the Inspector General to investigate(Sec. 112) Authorizes apportionment of amounts made available under this Act for civilian personnel compensation and report to Congress on decisionsbenefits in each department and Federal Emergency Management Agency (FEMA) policy relatingagency up to formaldehyde in trailers in the Gulf Coast region, health and safety concernsrate for operations necessary to avoid furloughs. Prohibits the use of occupants of FEMA-supplied housing, and whether FEMA adequately addressed public health and safety issues of householdssuch authority, however, until after the department or agency has taken all necessary actions to which FEMA provides disaster housing.reduce or defer non-personnel-related administrative expenses.

<b>Title II: Security, Enforcement, and Investigations</b> - Makes appropriations for FY2008 for: (1) U.S. Customs and Border Protection (CBP), including for automated systems, border security 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 activities to promote awareness of the child pornography tipline, to reimburse other agencies for costs associated with the repatriation of smuggled illegal aliens, and to enforce laws against forced child labor and for the Federal Protective Service, automated systems, and construction; (3) the Transportation Security Administration (TSA), including for aviation and surface transportation security, 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 making funds available(Sec. 114) Provides amounts at a specified rate for procurements relatedoperations to the acquisition of additional major assets as partDepartment of Agriculture for: (1) the Integrated Deepwater Systems program not already under contract until an Alternatives Analysis has been completed by an independent qualified third party. DirectsFood and Nutrition Service, the Secretary to submit an expenditure planSpecial Supplemental Nutrition Program for Women, Infants, and Children (WIC); and (2) the Rural Housing Service, the Rental Assistance Program.

<b>Title III: Protection, Preparedness, Response, and Recovery</b> - Makes appropriations for FY2008 for: (1) the immediate Office(Sec. 116) Suspends through March 6, 2009, a required transfer of funds under the Under Secretary for National ProtectionFood, Conservation, and Programs, the National Protection Planning Office, support for operations, information technology, and facility costs; (2) infrastructure protection and information security programs and activities; (3) US-VISIT, with sums withheld until the Appropriations Committees receive and approve an expenditure plan prepared byEnergy Act of 2008 to the Secretary that includes specified elements; (4)of Agriculture, acting through the OfficeAdministrator of Health Affairs;the Food and (5) FEMA, includingNutrition Service, for grants to state and local governments for terrorism prevention activities, firefighter assistance grants, emergency management performance grants, 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 Richard B. Russell National Flood Insurance Fund, the National Flood Mitigation Fund, the National Pre-Disaster Mitigation Fund, and emergency food and shelter.School Lunch Program.

Requires: (1)(Sec. 117) Provides amounts for the GovernorsDepartment of West Virginia and Pennsylvania to be incorporated into efforts to integrateAgriculture, Rural Housing Service, Rural Housing Insurance Fund Program Account for the activitiescost of federal, state, and local governments inunsubsidized guaranteed loans for borrowers under the National Capital Region; (2) specified fundsGuaranteed Rural Housing Loan Program, at the rate necessary to be used to develop a web-based versionmaintain the same principal amount of the National Fire Incident Reporting System that will ensure that fire-related data can be submitted and accessed by fire departmentsloan guarantee commitments as made in real time; and (3) the FEMA Administrator to update training practices relating to addressing health concerns of recipients of assistance from FEMA.FY2008.

<b>Title IV: Research and Development, Training, and Services</b> - Makes appropriations for FY2008 for: (1) U.S. Citizenship and Immigration Services (CIS), including funding to address backlogs of security checks associated with pending applications and petitions; (2) the Federal Law Enforcement Training Center, including for acquisition, construction, improvements, and related expenses; (3) 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. Makes specified sums available to support implementation of the Securing the Cities Initiative at the level requested in the President's budget.

<b>Title V: General Provisions</b> - (Sec. 501)(Sec. 119) Provides that no partamounts for the Department of any appropriation contained in this Act shall remain availableAgriculture, Food and Nutrition Service, Commodity Assistance Program at a specified rate for operations, with a specified portion earmarked for obligation beyond the current fiscal year unless expressly provided.Commodity Supplemental Food Program.

(Sec. 502) Prohibits120) 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 provided in this Act from being available to carry out reorganization authority.for additional promotion, outreach, and marketing activities.

(Sec. 503) Provides that none of121) Authorizes the funds provided by this Act, by previous appropriations Acts to the agencies in or transferred to DHS that remain availableAssistant Secretary for obligation or expenditure in FY2008, or from any accounts inCommunications and Information of the Treasury derived by the collectionDepartment of feesCommerce to expend funds available tounder the agencies funded by this Act, shall be available for obligation or expenditure through a reprogrammingDigital Television Transition and Public Safety Act of funds that: (1) creates a new program; (2) eliminates a program, project, office, or activity; (3) increases funds2005 for any program, project, or activity for which funds have been denied or restricted by Congress; (4) proposes to use funds directed for a specific activity by eitheradditional administrative expenses of the Senate or House Appropriations Committees fordigital-to-analog converter box program at a different purpose; or (5) enters into a contract for the performancerate of any function or activity for which funds have been appropriate for federal full-time equivalent positions unless those committees are notified 15 days in advance of such reprogramming of funds.up to $180 million through March 6, 2009.

Limits reprogramming(Sec. 122) Provides amounts at a specified rate for operations for: (1) the Department of fundsJustice, Federal Prison System; and transfers among appropriations. Prohibits any reprogramming or transfers after June 30, 2008, except in extraordinary circumstances which imminently threaten the safety of human life or(2) the protectionDepartment of property.Justice, General Administration, Detention Trustees.

(Sec. 504) Prohibits funds made available to DHS from being used to make payments to the DHS Working Capital Fund, except124) Permits obligation of amounts provided for activitiesthe National Aeronautics and amounts allowedSpace Administration (NASA) in the President's FY2008 budget, with exceptions.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. 505) Prohibits, except as otherwise specifically provided by law, more than 50% of unobligated balances remaining available at125) Amends the end of FY2008 from appropriations for salariesIran, North Korea, and expenses for FY2008 in thisSyria Nonproliferation Act to extend from remaining available through September 30, 2009, inJuly 1, 2012, to January 1, 2016, the account anddate before which federal payments for work or services necessary to meet U.S. obligations under the purposes for whichAgreement Concerning Cooperation on the Civil International Space Station are excluded from the calculation of extraordinary payments in connection with the appropriations were provided.International Space Station.

(Sec. 506) Deems funds made available by this Act126) Provides additional amounts for intelligence activities to be specifically authorized by Congress for purposes of the National Security ActDepartment of 1947 during FY2008 untilJustice, General Legal Activities, Salaries and Expenses at a specified rate for operations to reimburse the enactmentOffice of an Act authorizing intelligence activitiesPersonnel Management (OPM) for FY2008.salaries and expenses associated with the federal observer program under the Voting Rights Act of 1965.

(Sec. 507) Designates the Federal Law Enforcement Training Accreditation Board to lead the federal law enforcement training accreditation process.127) Extends through March 6, 2009, authority for Appalachian regional development.

(Sec. 508)128) Prohibits derivation from the useInland Waterways Trust Fund of funds inany amounts provided under this Act to make grant allocations, discretionary grant or contract awards, or to issue a letter of intent totaling in excess of $1 million, or to announce publiclyDivision for the intention to make such awards unless the SecretaryDepartment of DHS notifies the Appropriations Committees at least three full business days in advance. Requires the Administrator of FEMA to brief those committees five business days in advance of announcing publicly the intention of making an awardArmy, Corps of formula-based grants, law enforcement terrorism prevention grants, high-threat, high-density urban areas grants, or regional catastrophic preparedness grants.Engineers-Civil for inland waterway major rehabilitation projects.

(Sec. 509) Prohibits any agency from purchasing, constructing, or leasing any additional facilities, except within or contiguous129) Appropriates funds for FY2009 to existing locations, to be used to conduct federal law enforcement training without the advance approvalDepartment of Energy, for the Appropriations Committees, with an exception.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.

(Sec. 510) 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. 511) Prohibits: (1)Amends the use of funds made available by this Act for expenses for construction, repair, alteration, or acquisition project for which a prospectus, if required, has not been approved, with an exception;Energy Independence and (2) the use of funds in thisSecurity Act in contravention of 2007 with respect to the Buy American Act.advanced technology vehicles manufacturing incentive program.

(Sec. 513) Prohibits: (1)Requires loans made by the obligationSecretary of fundsEnergy (Secretary throughout this section) to automobile manufacturers and component suppliers for deployment or implementationadvanced vehicles manufacturing facilities in the United States to be made through the Federal Financing Bank, with the full faith and credit of the Secure Flight program or other follow on or successor passenger prescreening program,federal government on other than a test basis, until the Secretary has certifiedprincipal and interest. Requires the Government Accountability Office (GAO) has reported that specified requirements have been met; and (2) during the testing phase, information gathered from passengers, foreign or domestic air carriers, or reservation systems from being usedfull credit subsidy to screen aviation passengers, or delay or deny boarding to such passengers, except where passenger names are matched to a government watch list.be paid by the Secretary using appropriated funds.

(Sec. 514) ProhibitsModifies the use of funds made available in this ActSecretary's requirement to amendissue regulations regarding automobile manufacturer eligibility requirements for such loans to direct the oathSecretary, within 60 days after enactment of allegiance required by the Immigration and Nationality Act.this Act, to promulgate an interim final rule establishing regulations necessary to administer such loans.

(Sec. 515) ProhibitsAuthorizes the Secretary to use of funds appropriated by this Actdirect hiring authority to process or approve a competition under Office of Managementappoint such professional and Budget (OMB) Circular A-76administrative personnel for services provided as of June 1, 2004, by employees of CIS who are known as Immigration Information Officers, Contact Representatives, or Investigative Assistants.the incentive program.

(Sec. 516) Prohibits the availability of funds appropriated to the Secret Service for the protection of: (1) the head of a federal agency other than the Secretary, unless the Director is fully reimbursed; and (2) a federal official other than persons granted protection under the federal criminal code or the Secretary, but authorizes the Director to enter into an agreement to perform such protection on a fully reimbursable basis for protectees not designated.

(Sec. 517) 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 screen air cargo carried on such aircraft 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.

(Sec. 518) Prohibits: funds in this Act from being used: (1) by any person other than the privacy officer appointed under the Homeland Security Act of 2002 (HSA) to alter, require changes to, delay, or prohibit the transmission of a privacy officer report to Congress; and (2)130) Provides additional FY2009 amounts to pay the salaryDepartment of any employee serving as a contracting officer's technical representative (COTR) or acting in a similar capacity who has not received COTR training.Energy for weatherization assistance.

(Sec. 520) Makes any funds appropriated or transferred to TSA &quot;Aviation Security,&quot; &quot;Administration,&quot; and &quot;Transportation Security Support&quot; for FY2004-FY2007, which are recovered or deobligated, available only for procurement and installation of explosive detection systems for air cargo, baggage, and checkpoint screening systems, subject to notification.

(Sec. 522) Rescinds specified unobligated balances(Sec. 131) Provides additional amounts to the Department of DHS from Departmental Operations, the OfficeTreasury, Internal Revenue Service, Taxpayer Services to meet the requirements of State and Local Government Coordination, and the Working Capital Fund.Economic Stimulus Act of 2008 at a specified rate for operations.

(Sec. 523) Makes funds appropriated132) Provides additional amounts to the Coast Guard for acquisition, construction, and improvements in FY2002-FY2006 forExecutive Office of the 110-123 foot patrol boat conversion that are received as the resultPresident, Office of negotiation, mediation, or litigation available until expendedAdministration for the Replacement Patrol Boat program.e-mail restoration activities at a specified rate for operations.

(Sec. 524) Continues operations133) Provides amounts to the Executive Office of the DHS Working Capital Fund during FY2008.President, Office of Administration, Presidential Transition Administrative Support to carry out the Presidential Transition Act of 1963 at a specified rate for operations.

(Sec. 525) Requires: (1) FEMA to submit a quarterly report to134) Authorizes the Appropriations Committees detailing the allocation and obligationDistrict of Columbia to expend local funds for disaster relief;certain programs and (2)activities as provided under title IV of S. 3260 (110th Congress), as reported by the Secretary,Senate Committee on Appropriations, at least quarterly, to obtaina specified rate set forth in the Fiscal Year 2009 Proposed Budget and reportFinancial Plan submitted to those committeesCongress by the District on obligation and expenditure data from agencies performing mission assignment. Exempts specified projects from precertification requirements.June 9, 2008.

(Sec. 526) Requires the Chief Financial Officer of DHS to submit to the Appropriations Committees135) Provides amounts for a monthly budget and staffing report that includes total obligations and on-board versus funded full-time equivalent staffing levelsdirect federal payment for emergency planning and security costs in the numberDistrict of contract employees by office.Columbia, at a specified rate for operations.

(Sec. 527) Modifies a provision regarding undercover investigative operations authority of136) Provides an additional amount to the Secret ServiceFederal Communications Commission for consumer education associated with the transition to make it applicable to FY2008.digital television on February 17, 2009, at a specified rate for operations.

(Sec. 528) Requires137) Provides amounts to the Federal Law Enforcement Training Center instructor staffGeneral Services Administration to be classified as inherently governmental for purposes ofcarry out the Federal Activities Inventory ReformPresidential Transition Act of 1998.1963 at a specified rate for operations.

(Sec. 529) Prohibits the use of funds in this Act to alter or reduce operations within the Coast Guard's civil engineering program nationwide.

(Sec. 530) Amends the Intelligence Reform and Terrorism Prevention Act of 2004138) Provides amounts to extend the dateGeneral Services Administration, Allowances and Office Staff for implementation of the Western Hemisphere Travel Initiative until not later than three months after the Secretary of StateFormer Presidents to provide certain services and facilities to the Secretary make required certifications or June 1, 2009.Presidents-Elect and Vice-Presidents-Elect at a specified rate for operations.

(Sec. 531) Amends139) Requires the DHSlimitation on gross obligations applicable with respect to the National Credit Union Administration Central Liquidity Facility in the Financial Services and General Government Appropriations Act, 20072008 to allow a state or political subdivisionbe the amount authorized by the Federal Credit Union Act (a total face value not to adopt or enforce a regulation, requirement, or standardexceed twelve times the subscribed capital stock and surplus of performance regarding chemical facility security that is more stringent than the federal standard, unless there is an actual conflict.Central Liquidity Facility).

(Sec. 532) Prohibits funds provided in this Act140) Provides amounts for both the Postal Regulatory Commission and the Office of the Chief Information OfficerInspector General of the U.S. Postal Service, to be derived by transfer from being 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 Center is fully utilized as DHS's primary data storage center at the highest capacity throughout the fiscal year.Postal Service Fund.

(Sec. 533) Prohibits the use of funds in this Act to reduce the Coast Guard's Operations Systems Center mission or its government-employed or contract staff levels.

(Sec. 534) Permits the transfer of specified funds from prior year balances currently available to TSA to &quot;Transportation Threat Assessment142) Requires an annual and Credentialing&quot;locality-based comparability pay increase for FY2009 of 3.9% for federal employees, including civilian employees of the Secure Flight program.Department of Homeland Security.

(Sec. 535) Provides specified disaster assistance for schools damaged by Hurricanes Katrina143) Amends the Illegal Immigration Reform and Rita.Immigrant Responsibility Act of 1996 to extend through March 6, 2009, specified pilot programs of employment eligibility confirmation.

(Sec. 537) Modifies sexual abuse prohibitions under144) Continues through March 6, 2009, the federal criminal code to substitute references torequirement in the Attorney General with references toDepartments of Commerce, Justice, and State, the headJudiciary, and Related Agencies Appropriations Act, 1993 that the Secretaries of any federal department or agency.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. 538) Directs145) Extends through March 6, 2009, the Secretary: (1) to developnational flood insurance program and a plan forspecified increased maximum amount the control and managementDirector of Arundo donax (a tall perennial reed) along the portion ofFederal Emergency Management Agency (FEMA) may borrow for the Rio Grande River that serves asprogram, with the international border betweenPresident's approval, from the United States and Mexico; (2) andSecretary of the DHS Inspector General to take specified actions regardingTreasury under the establishment and maintenanceNational Flood Insurance Act of a direct link for individuals to anonymously report waste, fraud, or abuse; and (3) to require that all DHS contracts that provide award fees link such fees to successful acquisition outcomes.1968.

(Sec. 541) Prohibits the expenditure of funds made available to the Office of the Secretary and Executive Management under this Act for any new hires by DHS that are not verified146) Extends through the basic pilot program of employment eligibility confirmation requiredMarch 6, 2009, specified authorities under the Illegal Immigration Reform and Immigrant ResponsibilityDefense Production Act of 1996.1950.

(Sec. 542) Prohibits147) Extends through March 6, 2009, the useauthority of funds made available in this Act for CBP or any agency or office within DHS to prevent an individual from importing a prescription drug from Canada if: (1) such individual is not in the businessSecretaries of importing a prescription drug;the Interior and (2) such drug complies with specified provisions of the Federal Food, Drug, and Cosmetic ActAgriculture to pilot test agency-wide joint permitting and is not a controlled substance or a biological product.leasing programs.

(Sec. 543) Prohibits148) Extends through March 6, 2009, the useauthority of funds made available in this Act to: (1) issue any rule or regulation which implements the NoticeSecretary of Proposed Rulemaking relatedAgriculture to Petitions for Aliens To Perform Temporary Nonagricultural Services or Labor; (2) remove offenses frompermit the listState Forester of criminal offenses disqualifying individuals from receiving a Transportation Worker Identification Credential; or (3) make payments in connection with the failureUtah to use competitive procedures to award contracts. Requires the Secretary, by December 31, 2008, to report to Congressperform forest, rangeland, and watershed restoration services on specified congressional initiatives not requested by the PresidentNational Forest System lands in his budget for which sums were appropriated during FY2008.Utah.

(Sec. 546) Directs: (1)149) Continues through March 6, 2009, the President to ensure that operational controlauthority of all international land and maritime borders is achieved; and (2) the Secretary to establish and demonstrate operational control of 100%Agriculture to initiate the conveyance of such borders. Authorizes CBP to: (1) hire and train additional full-time agents for deployment along all international borders; and (2) install along all such borders vehicle barriers, ground-based radar, and cameras and deploy unmanned aerial vehicles and supporting systems.U.S. Forest Service administrative sites.

(Sec. 547) Makes specified funding available for an employment eligibility verification basic pilot program.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. 548) Directs the FEMA Administrator to authorize151) Provides additional amounts, at a large in-lieu contributionspecified rate for operations, to the Peebles School in Iberia Parish, LouisianaDepartment of the Interior, National Park Service for damages relatingsecurity and visitor safety activities related to Hurricanes Katrina or Rita.the Presidential Inaugural Ceremonies.

(Sec. 549) Directs152) Provides that amounts provided by this Act shall not be affected by specified provisions of the SecretaryConsolidated Appropriations Act, 2008, namely prohibitions against: (1) the expenditure by the Department of the Interior of certain funds to develop a national strategy onconduct 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 closed circuit televisionfunds to prevent and respondprepare or publish final regulations regarding a commercial leasing program for oil shale (and tar sands) resources on public lands or to terrorist acts.conduct an oil shale lease sale.

(Sec. 550) Amends HSA to direct the Secretary to: (1) regulate the purchase and sale of ammonium nitrate to prevent its misappropriation or use in a terrorist act; (2) establish a threshold percentage for a substance to be treated as ammonium nitrate; (3) establish a process by which ammonium nitrate facility owners and ammonium nitrate purchasers are required to register with DHS and are issued a registration number; and (4) require facility owners to maintain a record of each sale or transfer of ownership of ammonium nitrate for two years.

Sets forth provisions regarding: (1) exempting persons producing, selling, or purchasing ammonium nitrate exclusively(Sec. 153) Makes amounts provided for use as an explosive material under a federal explosives license; (2) ensuring that accessimplementation of agricultural producersthe Modified Water Deliveries to Everglades National Park available instead to ammonium nitrate is not unduly burdened; (3) restricting the disclosureArmy Corps of information obtained under this section; (4) inspecting and auditing facility owner recordsEngineers to prevent the misappropriation of ammonium nitrate; and (5) timely reporting of the theft or unexplained loss of ammonium nitrate.carry out immediately Alternative 3.2.2.a to U.S. Highway 41 (the Tamiami Trail).

Prohibits: (1) buying and taking possession(Sec. 154) Continues through March 6, 2009, authorized activities under title II (relief from injury caused by import competition) of ammonium nitrate, or owning or operating an ammonium nitrate facility, without a registration number; or (2) failing to comply with any requirementthe Trade Act of this section. Prescribes a civil penalty. Sets forth provisions regarding protections from civil liability1974 for trade adjustment assistance (TAA) for workers, firms, and preemption. Sets deadlinesalternative TAA program for regulations. Authorizes appropriations.older workers.

(Sec. 552) Directs the Secretary to report to155) Appropriates specified committees regardingfunds in lieu of the Secretary's plans relating to: (1) implementing specified recommendations regardingamount otherwise provided by section 101 for the 2010 Vancouver OlympicDepartment of Health and Paralympic Games;Human Services, Administration for Children and (2)Families, Low-Income Home Energy Assistance account to make payments under the feasibilityLow-Income Home Energy Assistance Act of implementing a program1981, to prescreen individuals traveling by rail between Vancouver, Canada,remain available throughout FY2009. Earmarks funds for Low-Income Home Energy Assistance Program (LIHEAP) grants under the Act, including for leverage resources and Seattle, Washington, during the Games while those individuals are in Vancouver.emergency requirements.

(Sec. 553) Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to require the Secretary to construct reinforced fencing along not less than 700 miles of the southwest border and provide for the installation of additional physical barriers, roads, lighting, cameras, and sensors to gain operational control of the southwest border.

(Sec. 554) Directs DHS, through FEMA,Designates specified funds as an emergency requirement and necessary to consider: (1) implementation, through fair and open competition, of management, tracking, and accountability systems; and (2) any efficiencies created through cooperative purchasing agreements.meet emergency needs.

(Sec. 555) Prohibits using funds in this Act to destroy or put out to pasture any horse belonging to the government that has become unfit156) Provides amounts for service unless the trainer or handler is first given the optionCorporation for National and Community Service to take possession through an adoptioncarry out the Civilian Community Corps program that has safeguards against slaughterunder the National and inhumane treatment.Community Service Act of 1990 at a specified rate for operations.

(Sec. 556) Modifies provisions157) Makes amounts provided by this Act for the Department of the Intelligence ReformHealth and Terrorism Prevention ActHuman Services, Office of 2004 to direct the Secretary to establish an international registered traveler program that incorporatesSecretary, General Departmental Management also available technologies, such as biometrics, e-passports, and security threat assessments, to expedite the screening and processing of international travelers who enter and exit the United States. Permits the Secretary to impose a fee for funding the program. Directs the Secretary to establish a phased-implementation of a biometric-based international registered traveler program in conjunction with US-VISIT, other prescreening initiatives,National Commission on Children and the Visa Waiver Program within DHS at U.S. airports with the highest volume of international travelers.Disasters.

(Sec. 557) Directs TSA to report on implementation of the Performance Accountability and Standards System.

(Sec. 558) Directs158) Provides amounts for the Comptroller General to study DHS's useDepartment of shared border management to secureEducation, Student Financial Assistance at a specified rate for operations. Earmarks funds for the international borders ofPell Grants Program under the United States.Higher Education Act of 1965.

(Sec. 559) Increases amounts authorized to be appropriatedProhibits through March 6, 2009, any ratable increase or decrease in the Border Law Enforcement Relief Act of 2007appropriations for each of FY2008-FY2012.Pell Grants.

(Sec. 560) Directs the Comptroller General159) Makes specified appropriations for payment to study the costheirs-at-law of fencing the southern border and report to specified committees.Stephanie Tubbs Jones, a former Representative from Ohio.

(Sec. 561) Urges160) Makes appropriations to the PresidentDepartment of Veterans Affairs, Veterans Benefits Administration, Filipino Veterans Equity Compensation Fund for payments to request emergency spending that fully funds: (1) existing interior and border security authorizations that have not been funded by Congress; and (2) the border and interior security initiatives contained in the comprehensive immigration reform bill introducedeligible persons who served in the Senate on June 18, 2007 (S. 1639).Philippines during World War II.

(Sec. 562) Directs the Commissioner of CBPDesignates such amount as an emergency requirement and necessary to report on the training of its personnel to effectively assist the Food and Drug Administration (FDA) in monitoring our nation's food supply.meet emergency needs.

(Sec. 563) Directs161) Continues through March 6, 2009, the TSA Administrator to assess and report to Congress on the implementation of the voluntary provisionauthority of federal agency heads under the Emergency Services Program. AllowsSupplemental Appropriations Act for Defense, the AdministratorGlobal War on Terror, and Hurricane Recovery, 2006 to conduct unannounced interviewsprovide allowances, benefits, and gratuities to test air carrier employees and foreign air carriers responsible for registering law enforcement officers, firefighters, and emergency medical technicians as part of the program. Directs the Administrator to develop a mechanismassignees on the TSAofficial duty in Iraq or DHS websiteAfghanistan comparable to those provided by which first responders may report barriersthe Secretary of State to volunteering inmembers of the program.Foreign Service.

(Sec. 564) Prohibits162) Continues through March 6, 2009, the useauthority of funds made available by thisthe Overseas Private Investment Corporation (OPIC) under the the Foreign Assistance Act to enter into a contractor award a grant in excess of $5 million unless the prospective contractor or grantee certifies that:1961 to: (1) the contractor or grantee has no unpaid federal tax assessments or has entered into an installment agreement or offer in compromise with the Internal Revenue Service (IRS)issue investment insurance and guaranties to resolve any unpaid assessments; oreligible investors; and (2) the liability for any unpaid assessments other than for income, estate, and gift taxes is the subject of a non-frivolous administrative or judicial appeal.make certain direct loans.

(Sec. 565) Directs163) Earmarks certain funds appropriated for the Secretary to work with officialsOther Bilateral Economic Assistance, Department of Floridathe Treasury, Debt Restructuring in the Foreign Operations, Export Financing, and other statesRelated Programs Appropriations Act, 2006 for use to resolveassist Liberia in buying back its commercial debt through the differences betweenDebt Reduction Facility of the Transportation Worker Identification Credential Program administered by TSA and existing state transportation facility access control programs.International Development Association.

(Sec. 566) Prohibits funds made available in164) Exempts amounts provided by this Act from being used for planning, testing, piloting, or developing a national identification card.specified limitation on administrative expenses for migration and refugee assistance.

(Sec. 567) Amends165) Deems a specified increase in funds for Military Assistance, Funds Appropriated to the Federal Fire Prevention and Control Act of 1974President, Foreign Military Financing Program, which shall apply to authorize the use of fire department grants$2.55 billion made available for assistance to fund fire prevention programs.Israel in FY2009 for procurement in Israel of defense articles and defense services, including research and development.

(Sec. 568) Expresses166) Provides amounts for the senseDepartment of Congress that sufficient funds should be appropriated to allow the Secretary to increase the number of CBP personnel protecting the northern border by 1,517 officers and 788 agents.Transportation, Federal Aviation Administration at a specified rate for operations, with a specified portion earmarked for aviation safety activities.

(Sec. 569) Directs167) Requires amounts provided for the SecretaryDepartment of Transportation, Maritime Administration to determineinclude amounts necessary to satisfy the areas alongsalaries and benefits of employees of the U.S. international borders where federal and state law enforcement officers are unable to achieve radio communication or where such communication is inadequate and to develop a plan for enhancing such communication capability.Merchant Marine Academy.

(Sec. 570) Allocates a specified sum to CIS for a benefits fraud assessment of the H-1B Visa Program.

(Sec. 571) Directs168) Requires the CommandantSecretary of the Coast GuardHousing and Urban Development (HUD) to submitobligate funds provided by this Act at a rate necessary to Congress and make available on its websiterenew, in a report on the implementation and use of interagency operational centers for port security.timely manner, all section 8 project-based rental assistance contracts.

(Sec. 572) Increases sums appropriated for firefighter assistance grants. Reduces funding for infrastructure protection169) Extends through March 6, 2009, certain demolition, site revitalization, replacement housing, and information security.tenant-based assistance grants to public housing agencies (PHAs) under the United States Housing Act of 1937.

(Sec. 573) Repeals a provision requiring the Federal Aviation Administration (FAA) acquisition management system170) Extends through March 6, 2009, HUD authority to applyinsure and enter into commitments to TSA acquisitions and authorizing system modifications byinsure home equity conversion mortgages (HECMs) for elderly homeowners under the Under Secretary of Transportation for Security.National Housing Act (NHA).

(Sec. 574) Requires GAO to report171) Places a ceiling through March 6, 2009, on criteria and factors that DHS usesthe loan principal of commitments to determineguarantee loans insured under the regional boundaries for Urban Area Security Initiative regions.Mutual Mortgage Insurance Fund.

(Sec. 575)172) Permits the usetransfer of specifiedcertain funds for a national emergency grant to address the effects ofWorking Capital Fund for information technology needs for the May 4, 2007, Greensburg, Kansas, tornado to provide temporary public sector employment and professional municipal services necessary to coordinate disaster recovery, other specified services, and delivery of humanitarian assistance.Federal Housing Administration (FHA).

(Sec. 576) Directs173) Requires amounts provided for the FEMA AdministratorNational Transportation Safety Board to reportinclude amounts necessary to specified committees and publishmake lease payments due in FY2009 only, on its websitean obligation incurred in 2001 under a report regarding any presidential determination to declare a major disaster that summarizes damage assessment information used to determine whether to declare a major disaster.capital lease.

(Sec. 577) Provides that if174) Continues the Secretary establishes a National Transportation Security CenterUnited States Interagency Council on Homelessness through the earlier of: (1) March 6, 2009; or (2) the enactment of Excellence,an authorization Act relating to the Mineta Transportation Institute at San Jose State University may be included as a member institution.McKinney-Vento Homeless Assistance Act.

(Sec. 578) Makes specified sums available for state<b>Division B: Disaster Relief and local law enforcement entities for securityRecovery Supplemental Appropriations Act, 2008</b> - Disaster Relief and related costs associated with theRecovery Supplemental Appropriations Act, 2008 Democratic- Makes emergency supplemental appropriations for disaster relief and Republican National Conventions.recovery for FY2008.

<b>Title VI: Border Law EnforcementI: Relief Act </b>- (Sec. 601) Border Law Enforcement Relief Act of 2007and Recovery from Natural Disasters - Authorizes the SecretaryChapter 1: Agriculture and Rural Development</b> - Makes emergency supplemental appropriations to award grants to a tribal, state, or local law enforcement agency located in a county within 100 miles of a U.S. border with Canada or Mexico, or in a county beyond 100 miles that has been certified by the Secretary as a high impact area, to provide assistance in addressing:Department of Agriculture for: (1) criminal activity that occurs by virtuethe Office of proximity toInspector General; (2) the border;Agricultural Research Service; (3) the Animal and (2)Plant Health Inspection Service; (4) the U.S. government's failure to adequately secure its borders. Authorizes appropriations.Natural Resources Conservation Service; (5) the Farm Service Agency; and (6) Rural Development Programs.

<b>Title VII: Border Infrastructure and Technology Modernization</b> - (Sec. 701) Border Infrastructure and Technology Modernization Act of 2007 - Directs(Sec. 10101) Establishes the Secretary to: (1) increase, during FY2009-FY2013, the number of agents and inspectorsRural Development Disaster Assistance Fund in ICE and CBP; and (2)the Treasury to provide such agents and inspectors new technology trainingadditional amounts to a levelthe Secretary of proficiency acceptable to protect U.S. borders.Agriculture for authorized activities of the Rural Development Mission Area (RDMA) agencies in areas affected by a disaster.

DirectsAllows the Commissioner, every other year, to: (1) review the Port of Entry Infrastructure Assessment Study and the nationwide strategySecretary to waive limitations on population, income, or cost-sharing otherwise applicable to prioritize and address infrastructure needs at land ports of entry prepared by DHS and the General Services Administration (GSA), update the assessment of the infrastructure needs of all U.S. land ports of entry, and submit an updated assessment to Congress; and (2) implement the infrastructure and technology improvement projectsactivity or project for which amounts in the order of priority assigned or forward the prioritized list to the GSA Administrator for implementation.Fund will be obligated.

(Sec. 705) Directs the Secretary, annually, to prepare and submit to Congress a National Land Border Security Plan that includes a vulnerability assessment of each port of entry located on the U.S. northern and southern borders. Authorizes the Secretary to establish one or more port security coordinators at such ports.

Directs the Commissioner of CBP to: (1) develop a plan to expand Customs-Trade Partnership Against Terrorism programs along the U.S. northern and southern borders; and (2) establish a demonstration program to develop a cooperative trade security system to improve supply chain security.

Directs the Secretary, acting through the Commissioner, to carry out a technology demonstration program to test and evaluate new port of entry technologies that enhance inspections and the detection of weapons of mass destruction and to train personnel in its use.

<b>Division B: Border Security - Title X: Border Security Requirements</b> - (Sec. 1001) Border Security First Act of 2007 - Directs: (1) the Secretary to establish and demonstrate operational control of 100% of the international land border between the United States and Mexico; and (2) CBP Border Patrol to hire and train 23,000 full-time agents.

Requires CBP to: (1) install along the border at least 300 miles(Sec. 10102) Declares that a specified waiver of vehicle barriers, 700 linear miles of fencing,the Paperwork Reduction Act and 105 ground-based radarcertain requirements for administrative procedural notice and camera towers;comment in the Food, Conservation, and (2) deploy four unmanned aerial vehicles and supporting systems.Energy Act of 2008 shall apply in implementing the supplemental agricultural disaster assistance program under such Act.

Directs the Secretary<b>Chapter 2: Commerce and Science </b>- Makes emergency supplemental appropriations to detain all removable aliens apprehended crossing the border in violationDepartment of federal or state law, except as specifically mandated by federal or state law or humanitarian circumstances. Requires that ICE haveCommerce for: (1) the resources to maintain this practice, includingEconomic Development Administration; (2) the resources necessary to detain up to 45,000 aliens per day on an annual basis.National Oceanic and Atmospheric Administration (NOAA); and (3) the National Aeronautics and Space Administration (NASA).

Requires<b>Chapter 3: Energy and Water Development</b> <b>- Department of Defense - Civil</b> - Makes emergency supplemental appropriations to the PresidentDepartment of Defense (DOD) for : (1) the Department of the Army Corps of Engineers for construction expenses related to submit a report to Congress detailing progress madethe consequences of Hurricane Katrina and to include specific actions that are or should be undertaken byother hurricanes, floods and other natural disasters; (2) the Secretary.Mississippi River and Tributaries for recovery from natural disasters; (3) navigation channel dredging and project repair; and (4) flood control and coastal emergencies.

Authorizes<b>Chapter 4: Financial Services and General Government - Independent Agencies</b> - 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.

<b>Chapter 5: Homeland Security</b> - 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.

<b>Chapter 6: Interior and Environment</b> - 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.

<b>Chapter 7: Health and Human Services and Education</b> - 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.



<b>Chapter 8: Military Construction</b> - Makes emergency supplemental appropriations to DOD for military construction by the Army National Guard.

<b>Chapter 9: Department of State and Foreign Operations</b> - Makes emergency supplemental appropriations to the Department of State for the International Boundary and Water Commission, United States and Mexico for construction.

<b>Chapter 10: Transportation and Housing and Urban Development</b> - 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.

<b>Title II: Other Supplemental Appropriations </b><b>- Chapter 1: State and Foreign Operations </b>- Makes emergency supplemental appropriations to the Department of State for: (1) the Office of Inspector General; and (2) bilateral economic assistance.

<b>Chapter 2: Agriculture</b> - Makes emergency supplemental appropriations to the Secretary of Agriculture for the Bill Emerson Humanitarian Trust.

<b>Title III: General Provisions</b> - (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.

<b>Division C: Department of Defense Appropriations Act, 2009</b> - Department of Defense Appropriations Act, 2009 - <b>Title I: Military Personnel </b>- 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.

<b>Title II: Operation and Maintenance </b>- Appropriates funds for FY2009 for operation and maintenance (O&amp;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.

<b>Title III: Procurement </b>- 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.

<b>Title IV: Research, Development, Test and Evaluation </b>- Appropriates funds for FY2009 for research, development, test and evaluation (RDT&amp;E) by the Armed Forces and defense agencies. Appropriates funds for the Director of Operational Test and Evaluation.

<b>Title V: Revolving and Management Funds </b>- Appropriates funds for: (1) the Defense Working Capital Funds; and (2) programs under the National Defense Sealift Fund.

<b>Title VI: Other Department of Defense Programs </b>- 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.

<b>Title VII: Related Agencies </b>- Appropriates funds for the: (1) Central Intelligence Agency Retirement and Disability System Fund; and (2) Intelligence Community Management Account.

<b>Title VIII: General Provisions </b>- 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&amp;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&amp;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&amp;M, and procurement accounts.

(Sec. 8087) Prohibits funds from being used for RDT&amp;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.

<b>Division </b><b>D: Department of Homeland Security Appropriations Act, 2009 - </b>Department of Homeland Security Appropriations Act, 2009 - <b>Title I: Departmental Management and Operations - </b>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.

<b>Title II: Security, Enforcement, and Investigations</b> - 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.

<b>Title III: Protection, Preparedness, Response, and Recovery</b> - 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.

<b>Title IV: Research and Development, Training, and Services</b> - 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.

<b>Title V: General Provisions</b> - (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 &quot;Aviation Security,&quot; &quot;Administration,&quot; and &quot;Transportation Security Support&quot; 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.

<b>Division E: Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2009</b> - Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2009 - <b>Title I: Department of Defense</b> - 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.

<b>Title II: Department of Veterans Affairs</b> - 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.

<b>Title III: Related Agencies</b> - 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.

<b>Title IV: General Provisions</b> - 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.
</summary>
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== Status of the Legislation ==


<status>
Latest Major Action: 9/29/2008: Presented to President.
</status>
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== Points in Favor ==

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== Points Against ==

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