[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7323 Reported in House (RH)]






                                                 Union Calendar No. 594
110th CONGRESS
  2d Session
                                H. R. 7323

                          [Report No. 110-920]

Making appropriations for financial services and general government for 
   the fiscal year ending September 30, 2009, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 10, 2008

    Mr. Serrano, from the Committee on Appropriations, reported the 
following bill; which was committed to the Committee of the Whole House 
          on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
Making appropriations for financial services and general government for 
   the fiscal year ending September 30, 2009, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 2009, and for 
other purposes, namely:

                                TITLE I

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses of the Departmental Offices including 
operation and maintenance of the Treasury Building and Annex; hire of 
passenger motor vehicles; maintenance, repairs, and improvements of, 
and purchase of commercial insurance policies for, real properties 
leased or owned overseas, when necessary for the performance of 
official business, $275,395,000, of which not to exceed $21,592,000 is 
for executive direction program activities; not to exceed $45,853,000 
is for economic policies and programs activities; not to exceed 
$35,435,000 is for financial policies and programs activities; not to 
exceed $62,012,000 is for terrorism and financial intelligence 
activities; not to exceed $19,009,000 is for Treasury-wide management 
policies and programs activities; and not to exceed $91,494,000 is for 
administration programs activities: Provided, That the Secretary of the 
Treasury is authorized to transfer funds appropriated for any program 
activity of the Departmental Offices to any other program activity of 
the Departmental Offices upon notification to the House and Senate 
Committees on Appropriations: Provided further, That no appropriation 
for any program activity shall be increased or decreased by more than 4 
percent by all such transfers: Provided further, That any change in 
funding greater than 4 percent shall be submitted for approval to the 
House and Senate Committees on Appropriations: Provided further, That 
of the amount appropriated under this heading, not to exceed 
$3,000,000, to remain available until September 30, 2010, is for 
information technology modernization requirements; not to exceed 
$150,000 is for official reception and representation expenses; and not 
to exceed $258,000 is for unforeseen emergencies of a confidential 
nature, to be allocated and expended under the direction of the 
Secretary of the Treasury and to be accounted for solely on his 
certificate: Provided further, That of the amount appropriated under 
this heading, $5,232,443, to remain available until September 30, 2010, 
is for the Treasury-wide Financial Statement Audit and Internal Control 
Program, of which such amounts as may be necessary may be transferred 
to accounts of the Department's offices and bureaus to conduct audits: 
Provided further, That this transfer authority shall be in addition to 
any other provided in this Act: Provided further, That of the amount 
appropriated under this heading, $500,000, to remain available until 
September 30, 2010, is for secure space requirements: Provided further, 
That of the amount appropriated under this heading, $1,100,000, to 
remain available until September 30, 2010, is for salary and benefits 
for hiring of personnel whose work will require completion of a 
security clearance investigation in order to perform highly classified 
work to further the activities of the Office of Terrorism and Financial 
Intelligence: Provided further, That of the amount appropriated under 
this heading, $3,400,000, to remain available until September 30, 2011, 
is to develop and implement programs within the Office of Critical 
Infrastructure Protection and Compliance Policy, including entering 
into cooperative agreements: Provided further, That of the amount 
appropriated under this heading $3,000,000 to remain available until 
September 30, 2011, is for modernizing the Office of Debt Management's 
information technology.

        department-wide systems and capital investments programs

                     (including transfer of funds)

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

                      office of inspector general

                         salaries and expenses

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, not 
to exceed $2,000,000 for official travel expenses, including hire of 
passenger motor vehicles; and not to exceed $100,000 for unforeseen 
emergencies of a confidential nature, to be allocated and expended 
under the direction of the Inspector General of the Treasury, 
$19,356,000, of which not to exceed $2,500 shall be available for 
official reception and representation expenses.

           treasury inspector general for tax administration

                         salaries and expenses

    For necessary expenses of the Treasury Inspector General for Tax 
Administration in carrying out the Inspector General Act of 1978, 
including purchase (not to exceed 150 for replacement only for police-
type use) and hire of passenger motor vehicles (31 U.S.C. 1343(b)); 
services authorized by 5 U.S.C. 3109, at such rates as may be 
determined by the Inspector General for Tax Administration; 
$145,736,000, of which not to exceed $6,000,000 shall be available for 
official travel expenses; of which not to exceed $500,000 shall be 
available for unforeseen emergencies of a confidential nature, to be 
allocated and expended under the direction of the Inspector General for 
Tax Administration; and of which not to exceed $1,500 shall be 
available for official reception and representation expenses.

                  Financial Crimes Enforcement Network

                         salaries and expenses

    For necessary expenses of the Financial Crimes Enforcement Network, 
including hire of passenger motor vehicles; travel and training 
expenses of non-Federal and foreign government personnel to attend 
meetings and training concerned with domestic and foreign financial 
intelligence activities, law enforcement, and financial regulation; not 
to exceed $14,000 for official reception and representation expenses; 
and for assistance to Federal law enforcement agencies, with or without 
reimbursement, $91,335,000, of which not to exceed $16,340,000 shall 
remain available until September 30, 2011; and of which $9,178,000 
shall remain available until September 30, 2010: Provided, That funds 
appropriated in this account may be used to procure personal services 
contracts.

                      Financial Management Service

                         salaries and expenses

    For necessary expenses of the Financial Management Service, 
$239,344,000, of which not to exceed $9,220,000 shall remain available 
until September 30, 2011, for information systems modernization 
initiatives; and of which not to exceed $2,500 shall be available for 
official reception and representation expenses.

                Alcohol and Tobacco Tax and Trade Bureau

                         salaries and expenses

    For necessary expenses of carrying out section 1111 of the Homeland 
Security Act of 2002, including hire of passenger motor vehicles, 
$96,900,000; of which not to exceed $6,000 for official reception and 
representation expenses; not to exceed $50,000 for cooperative research 
and development programs for laboratory services; and provision of 
laboratory assistance to State and local agencies with or without 
reimbursement.

                           United States Mint

               united states mint public enterprise fund

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

                       Bureau of the Public Debt

                     administering the public debt

    For necessary expenses connected with any public-debt issues of the 
United States, $187,054,000, of which not to exceed $2,500 shall be 
available for official reception and representation expenses, and of 
which not to exceed $2,000,000 shall remain available until September 
30, 2011, for systems modernization: Provided, That the sum 
appropriated herein from the general fund for fiscal year 2009 shall be 
reduced by not more than $10,000,000 as definitive security issue fees 
and Legacy Treasury Direct Investor Account Maintenance fees are 
collected, so as to result in a final fiscal year 2009 appropriation 
from the general fund estimated at $177,054,000. In addition, $90,000 
to be derived from the Oil Spill Liability Trust Fund to reimburse the 
Bureau for administrative and personnel expenses for financial 
management of the Fund, as authorized by section 1012 of Public Law 
101-380.

   Community Development Financial Institutions Fund Program Account

    To carry out the Community Development Banking and Financial 
Institutions Act of 1994 (Public Law 103-325), including services 
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed 
the per diem rate equivalent to the rate for ES-3, $105,000,000 to 
remain available until September 30, 2010, of which up to $13,778,000 
may be used for administrative expenses, including administration of 
the New Markets Tax Credit, up to $7,500,000 may be used for the cost 
of direct loans, and up to $250,000 may be used for administrative 
expenses to carry out the direct loan program: Provided, That the cost 
of direct loans, including the cost of modifying such loans, shall be 
as defined in section 502 of the Congressional Budget Act of 1974: 
Provided further, That these funds are available to subsidize gross 
obligations for the principal amount of direct loans not to exceed 
$16,000,000.

                        Internal Revenue Service

                           taxpayer services

    For necessary expenses of the Internal Revenue Service to provide 
taxpayer services, including pre-filing assistance and education, 
filing and account services, taxpayer advocacy services, and other 
services as authorized by 5 U.S.C. 3109, at such rates as may be 
determined by the Commissioner, $2,210,000,000, of which not less than 
$5,100,000 shall be for the Tax Counseling for the Elderly Program, of 
which not less than $9,500,000 shall be available for low-income 
taxpayer clinic grants, and of which not less than $192,000,000 shall 
be available for operating expenses of the Taxpayer Advocate Service.

                              enforcement

                     (including transfer of funds)

    For necessary expenses of the Internal Revenue Service to determine 
and collect owed taxes, to provide legal and litigation support, to 
conduct criminal investigations, to enforce criminal statutes related 
to violations of internal revenue laws and other financial crimes, to 
purchase (for police-type use, not to exceed 850) and hire of passenger 
motor vehicles (31 U.S.C. 1343(b)), and to provide other services as 
authorized by 5 U.S.C. 3109, at such rates as may be determined by the 
Commissioner, $5,117,267,000, of which not less than $57,252,000 shall 
be for the Interagency Crime and Drug Enforcement program: Provided, 
That up to $10,000,000 may be transferred as necessary from this 
account to ``Operations Support'' solely for the purposes of the 
Interagency Crime and Drug Enforcement program: Provided further, That 
this transfer authority shall be in addition to any other transfer 
authority provided in this Act.

                           operations support

    For necessary expenses of the Internal Revenue Service to support 
taxpayer services and enforcement programs, including rent payments; 
facilities services; printing; postage; physical security; headquarters 
and other IRS-wide administration activities; research and statistics 
of income; telecommunications; information technology development, 
enhancement, operations, maintenance, and security; the hire of 
passenger motor vehicles (31 U.S.C. 1343(b)); and other services as 
authorized by 5 U.S.C. 3109, at such rates as may be determined by the 
Commissioner; $3,833,127,000, of which up to $75,000,000 shall remain 
available until September 30, 2010, for information technology support; 
of which not to exceed $1,000,000 shall remain available until 
September 30, 2011, for research; of which not less than $2,000,000 
shall be for the Internal Revenue Service Oversight Board; and of which 
not to exceed $25,000 shall be for official reception and 
representation.

                     business systems modernization

    For necessary expenses of the Internal Revenue Service's business 
systems modernization program, $222,664,000, to remain available until 
September 30, 2011, for the capital asset acquisition of information 
technology systems, including management and related contractual costs 
of said acquisitions, including related Internal Revenue Service labor 
costs, and contractual costs associated with operations authorized by 5 
U.S.C. 3109: Provided, That, with the exception of labor costs, none of 
these funds may be obligated until the Internal Revenue Service submits 
to the Committees on Appropriations, and such Committees approve, a 
plan for expenditure that: (1) meets the capital planning and 
investment control review requirements established by the Office of 
Management and Budget, including Circular A-11; (2) complies with the 
Internal Revenue Service's enterprise architecture, including the 
modernization blueprint; (3) conforms with the Internal Revenue 
Service's enterprise life cycle methodology; (4) is approved by the 
Internal Revenue Service, the Department of the Treasury, and the 
Office of Management and Budget; (5) has been reviewed by the 
Government Accountability Office; and (6) complies with the acquisition 
rules, requirements, guidelines, and systems acquisition management 
practices of the Federal Government.

               health insurance tax credit administration

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

          administrative provisions--internal revenue service

                     (including transfer of funds)

    Sec. 101.  Not to exceed 5 percent of any appropriation made 
available in this Act to the Internal Revenue Service or not to exceed 
3 percent of appropriations under the heading ``Enforcement'' may be 
transferred to any other Internal Revenue Service appropriation upon 
the advance approval of the Committees on Appropriations.
    Sec. 102.  The Internal Revenue Service shall maintain a training 
program to ensure that Internal Revenue Service employees are trained 
in taxpayers' rights, in dealing courteously with taxpayers, and in 
cross-cultural relations.
    Sec. 103.  The Internal Revenue Service shall institute and enforce 
policies and procedures that will safeguard the confidentiality of 
taxpayer information.
    Sec. 104.  Funds made available by this or any other Act to the 
Internal Revenue Service shall be available for improved facilities and 
increased staffing to provide sufficient and effective 1-800 help line 
service for taxpayers. The Commissioner shall continue to make the 
improvement of the Internal Revenue Service 1-800 help line service a 
priority and allocate resources necessary to increase phone lines and 
staff to improve the Internal Revenue Service 1-800 help line service.
    Sec. 105.  Of the funds made available by this Act to the Internal 
Revenue Service, not less than $6,997,000,000 shall be available only 
for tax enforcement and related support activities funded in Internal 
Revenue Service ``Enforcement'' and ``Operations Support'' accounts. In 
addition, of the funds made available by this Act to the Internal 
Revenue Service, and subject to the same terms and conditions, an 
additional $490,000,000 shall be available for enhanced tax enforcement 
and related support activities. Not to exceed 1 percent of the funds 
made available by this Act to the Internal Revenue Service ``Operations 
Support'' account, for tax enforcement related support activities, may 
be transferred to taxpayer service related support activities upon the 
advance notification of the Committees on Appropriations.
    Sec. 106.  None of the funds made available in this Act may be used 
to enter into, renew, extend, administer, implement, enforce, or 
provide oversight of any qualified tax collection contract (as defined 
in section 6306 of the Internal Revenue Code of 1986).

         Administrative Provisions--Department of the Treasury

                     (including transfers of funds)

    Sec. 107.  Appropriations to the Department of the Treasury in this 
Act shall be available for uniforms or allowances therefor, as 
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and 
cleaning; purchase of insurance for official motor vehicles operated in 
foreign countries; purchase of motor vehicles without regard to the 
general purchase price limitations for vehicles purchased and used 
overseas for the current fiscal year; entering into contracts with the 
Department of State for the furnishing of health and medical services 
to employees and their dependents serving in foreign countries; and 
services authorized by 5 U.S.C. 3109.
    Sec. 108.  Not to exceed 2 percent of any appropriations in this 
Act made available to the Departmental Offices--Salaries and Expenses, 
Office of Inspector General, Financial Management Service, Alcohol and 
Tobacco Tax and Trade Bureau, Financial Crimes Enforcement Network, and 
Bureau of the Public Debt, may be transferred between such 
appropriations upon the advance approval of the Committees on 
Appropriations: Provided, That no transfer may increase or decrease any 
such appropriation by more than 2 percent.
    Sec. 109.  Not to exceed 2 percent of any appropriation made 
available in this Act to the Internal Revenue Service may be 
transferred to the Treasury Inspector General for Tax Administration's 
appropriation upon the advance approval of the Committees on 
Appropriations: Provided, That no transfer may increase or decrease any 
such appropriation by more than 2 percent.
    Sec. 110.  Of the funds available for the purchase of law 
enforcement vehicles, no funds may be obligated until the Secretary of 
the Treasury certifies that the purchase by the respective Treasury 
bureau is consistent with departmental vehicle management principles: 
Provided, That the Secretary may delegate this authority to the 
Assistant Secretary for Management.
    Sec. 111.  None of the funds appropriated in this Act or otherwise 
available to the Department of the Treasury or the Bureau of Engraving 
and Printing may be used to redesign the $1 Federal Reserve note.
    Sec. 112.  The Secretary of the Treasury may transfer funds from 
Financial Management Service, Salaries and Expenses to the Debt 
Collection Fund as necessary to cover the costs of debt collection: 
Provided, That such amounts shall be reimbursed to such salaries and 
expenses account from debt collections received in the Debt Collection 
Fund.
    Sec. 113.  Section 122(g)(1) of Public Law 105-119 (5 U.S.C. 3104 
note), is further amended by striking ``10 years'' and inserting ``11 
years''.
    Sec. 114.  None of the funds appropriated or otherwise made 
available by this or any other Act may be used by the United States 
Mint to construct or operate any museum without the explicit approval 
of the Committees on Appropriations of the House of Representatives and 
the Senate, the House Committee on Financial Services, and the Senate 
Committee on Banking, Housing, and Urban Affairs.
    Sec. 115.  None of the funds appropriated or otherwise made 
available by this or any other Act or source to the Department of the 
Treasury, the Bureau of Engraving and Printing, and the United States 
Mint, individually or collectively, may be used to consolidate any or 
all functions of the Bureau of Engraving and Printing and the United 
States Mint without the explicit approval of the House Committee on 
Financial Services; the Senate Committee on Banking, Housing, and Urban 
Affairs; the House Committee on Appropriations; and the Senate 
Committee on Appropriations.
    Sec. 116.  Funds appropriated by this Act, or made available by the 
transfer of funds in this Act, for the Department of the Treasury's 
intelligence or intelligence related activities are deemed to be 
specifically authorized by the Congress for purposes of section 504 of 
the National Security Act of 1947 (50 U.S.C. 414) during fiscal year 
2009 until the enactment of the Intelligence Authorization Act for 
Fiscal Year 2009.
     This title may be cited as the ``Department of the Treasury 
Appropriations Act, 2009''.

                                TITLE II

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                               PRESIDENT

                     Compensation of the President

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

                           White House Office

                         salaries and expenses

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

                 Executive Residence at the White House

                           operating expenses

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

                         reimbursable expenses

    For the reimbursable expenses of the Executive Residence at the 
White House, such sums as may be necessary: Provided, That all 
reimbursable operating expenses of the Executive Residence shall be 
made in accordance with the provisions of this paragraph: Provided 
further, That, notwithstanding any other provision of law, such amount 
for reimbursable operating expenses shall be the exclusive authority of 
the Executive Residence to incur obligations and to receive offsetting 
collections, for such expenses: Provided further, That the Executive 
Residence shall require each person sponsoring a reimbursable political 
event to pay in advance an amount equal to the estimated cost of the 
event, and all such advance payments shall be credited to this account 
and remain available until expended: Provided further, That the 
Executive Residence shall require the national committee of the 
political party of the President to maintain on deposit $25,000, to be 
separately accounted for and available for expenses relating to 
reimbursable political events sponsored by such committee during such 
fiscal year: Provided further, That the Executive Residence shall 
ensure that a written notice of any amount owed for a reimbursable 
operating expense under this paragraph is submitted to the person owing 
such amount within 60 days after such expense is incurred, and that 
such amount is collected within 30 days after the submission of such 
notice: Provided further, That the Executive Residence shall charge 
interest and assess penalties and other charges on any such amount that 
is not reimbursed within such 30 days, in accordance with the interest 
and penalty provisions applicable to an outstanding debt on a United 
States Government claim under section 3717 of title 31, United States 
Code: Provided further, That each such amount that is reimbursed, and 
any accompanying interest and charges, shall be deposited in the 
Treasury as miscellaneous receipts: Provided further, That the 
Executive Residence shall prepare and submit to the Committees on 
Appropriations, by not later than 90 days after the end of the fiscal 
year covered by this Act, a report setting forth the reimbursable 
operating expenses of the Executive Residence during the preceding 
fiscal year, including the total amount of such expenses, the amount of 
such total that consists of reimbursable official and ceremonial 
events, the amount of such total that consists of reimbursable 
political events, and the portion of each such amount that has been 
reimbursed as of the date of the report: Provided further, That the 
Executive Residence shall maintain a system for the tracking of 
expenses related to reimbursable events within the Executive Residence 
that includes a standard for the classification of any such expense as 
political or nonpolitical: Provided further, That no provision of this 
paragraph may be construed to exempt the Executive Residence from any 
other applicable requirement of subchapter I or II of chapter 37 of 
title 31, United States Code.

                   White House Repair and Restoration

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

                      Council of Economic Advisers

                         salaries and expenses

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

                      Office of Policy Development

                         salaries and expenses

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

                       National Security Council

                         salaries and expenses

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

                        Office of Administration

                         salaries and expenses

    For necessary expenses of the Office of Administration, including 
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of 
passenger motor vehicles, $95,633,000, of which $11,923,000 shall 
remain available until expended for continued modernization of the 
information technology infrastructure within the Executive Office of 
the President.

                    Office of Management and Budget

                         salaries and expenses

    For necessary expenses of the Office of Management and Budget, 
including hire of passenger motor vehicles and services as authorized 
by 5 U.S.C. 3109 and to carry out the provisions of chapter 35 of title 
44, United States Code, $79,972,000, of which not to exceed $3,000 
shall be available for official representation expenses: Provided, That 
none of the funds appropriated in this Act for the Office of Management 
and Budget may be used for the purpose of reviewing any agricultural 
marketing orders or any activities or regulations under the provisions 
of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et 
seq.): Provided further, That none of the funds made available for the 
Office of Management and Budget by this Act may be expended for the 
altering of the transcript of actual testimony of witnesses, except for 
testimony of officials of the Office of Management and Budget, before 
the Committees on Appropriations or their subcommittees: Provided 
further, That none of the funds provided in this or prior Acts shall be 
used, directly or indirectly, by the Office of Management and Budget, 
for evaluating or determining if water resource project or study 
reports submitted by the Chief of Engineers acting through the 
Secretary of the Army are in compliance with all applicable laws, 
regulations, and requirements relevant to the Civil Works water 
resource planning process: Provided further, That the Office of 
Management and Budget shall have not more than 60 days in which to 
perform budgetary policy reviews of water resource matters on which the 
Chief of Engineers has reported: Provided further, That the Director of 
the Office of Management and Budget shall notify the appropriate 
authorizing and appropriating committees when the 60-day review is 
initiated: Provided further, That if water resource reports have not 
been transmitted to the appropriate authorizing and appropriating 
committees within 15 days after the end of the Office of Management and 
Budget review period based on the notification from the Director, 
Congress shall assume Office of Management and Budget concurrence with 
the report and act accordingly.

                 Office of National Drug Control Policy

                         salaries and expenses

    For necessary expenses of the Office of National Drug Control 
Policy; for research activities pursuant to the Office of National Drug 
Control Policy Reauthorization Act of 2006 (Public Law 109-469); not to 
exceed $10,000 for official reception and representation expenses; and 
for participation in joint projects or in the provision of services on 
matters of mutual interest with nonprofit, research, or public 
organizations or agencies, with or without reimbursement, $26,011,000; 
of which $500,000 shall remain available until expended for policy 
research and evaluation: Provided, That the Office is authorized to 
accept, hold, administer, and utilize gifts, both real and personal, 
public and private, without fiscal year limitation, for the purpose of 
aiding or facilitating the work of the Office.

                counterdrug technology assessment center

                     (including transfer of funds)

    For necessary expenses for the Counterdrug Technology Assessment 
Center for research activities pursuant to the Office of National Drug 
Control Policy Reauthorization Act of 2006 (Public Law 109-469), 
$1,000,000, which shall remain available until expended for 
counternarcotics research and development projects: Provided, That such 
amount shall be available for transfer to other Federal departments or 
agencies: Provided further, That the Office of National Drug Control 
Policy shall submit for approval by the Committees on Appropriations of 
the House of Representatives and the Senate a spending plan for the use 
of these funds no later than 90 days after the enactment of this Act.

                     federal drug control programs

             high intensity drug trafficking areas program

                     (including transfers of funds)

    For necessary expenses of the Office of National Drug Control 
Policy's High Intensity Drug Trafficking Areas Program, $230,000,000, 
to remain available until September 30, 2010, for drug control 
activities consistent with the approved strategy for each of the 
designated High Intensity Drug Trafficking Areas, of which no less than 
51 percent shall be transferred to State and local entities for drug 
control activities, which shall be obligated within 120 days after the 
enactment of this Act: Provided, That up to 49 percent may be 
transferred to Federal agencies and departments at a rate to be 
determined by the Director, of which up to $2,100,000 may be used for 
auditing services and associated activities, and up to $250,000 of the 
$2,100,000 shall be used to measure the performance of the High 
Intensity Drug Trafficking Areas Program: Provided further, That High 
Intensity Drug Trafficking Areas Programs designated as of September 
30, 2008, shall be funded at no less than the fiscal year 2008 initial 
allocation levels (as revised by the letter from the Director of the 
Office of National Drug Control Policy to the Committees on 
Appropriations of the House of Representatives and the Senate dated 
April 8, 2008) or $3,000,000, whichever is greater, unless the Director 
submits to the Committees on Appropriations of the House of 
Representatives and the Senate, and the Committees approve, 
justification for changes in those levels based on clearly articulated 
priorities for the High Intensity Drug Trafficking Areas Programs, as 
well as published Office of National Drug Control Policy performance 
measures of effectiveness: Provided further, That no High Intensity 
Drug Trafficking Area shall receive more than $47,457,447 as its fiscal 
year 2009 initial allocation level: Provided further, That, 
notwithstanding the requirements of Public Law 106-58, any unexpended 
funds obligated prior to fiscal year 2007 for programs addressing the 
treatment or prevention of drug use as part of the approved strategy 
for a designated High Intensity Drug Trafficking Area may be used for 
other approved activities of that High Intensity Drug Trafficking Area: 
Provided further, That the Office of National Drug Control Policy shall 
submit recommendations for approval to the Committees on Appropriations 
for both the High Intensity Drug Trafficking Area initial allocation 
funding within 90 days after the enactment of this Act and the High 
Intensity Drug Trafficking Area discretionary funding within 120 days 
after the enactment of this Act: Provided further, That within the 
discretionary funding amount, plans for use of such funds shall be 
subject to approval by the Committees on Appropriations.

                  other federal drug control programs

                     (including transfer of funds)

    For activities to support a national anti-drug campaign for youth, 
and for other purposes, authorized by the Office of National Drug 
Control Policy Reauthorization Act of 2006 (Public Law 109-469), 
$165,000,000, to remain available until expended, of which the amounts 
are available as follows: $60,000,000 to support a national media 
campaign: Provided, That the Office of National Drug Control Policy 
shall maintain funding for non-advertising services for the media 
campaign at no less than the fiscal year 2003 ratio of service funding 
to total funds and shall continue the corporate outreach program as it 
operated prior to its cancellation; $90,000,000 to continue a program 
of matching grants to drug-free communities, of which $2,000,000 shall 
be made available as directed by section 4 of Public Law 107-82, as 
amended by Public Law 109-469 (21 U.S.C. 1521 note); $1,500,000 for 
training and technical assistance for drug court professionals; 
$10,100,000 for the United States Anti-Doping Agency for anti-doping 
activities; $1,900,000 for the United States membership dues to the 
World Anti-Doping Agency; $1,250,000 for the National Alliance for 
Model State Drug Laws; and $250,000 for evaluations and research 
related to National Drug Control Program performance measures: Provided 
further, That such funds may be transferred to other Federal 
departments and agencies to carry out such activities: Provided 
further, That of the amounts appropriated for a national media 
campaign, not to exceed 10 percent shall be for administration, 
advertising production, research and testing, labor, and related costs 
of the national media campaign.

                          Unanticipated Needs

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

             Presidential Transition Administrative Support

                     (including transfer of funds)

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

                  Special Assistance to the President

                         salaries and expenses

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

                Official Residence of the Vice President

                           operating expenses

                     (including transfer of funds)

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

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

                     (including transfer of funds)

    Sec. 201.  From funds made available in this Act under the headings 
``White House Office'', ``Executive Residence at the White House'', 
``White House Repair and Restoration'', ``Council of Economic 
Advisors'', ``National Security Council'', ``Office of 
Administration'', ``Office of Policy Development'', ``Special 
Assistance to the President'', and ``Official Residence of the Vice 
President'', the Director of the Office of Management and Budget (or 
such other officer as the President may designate in writing), may, 15 
days after giving notice to the Committees on Appropriations of the 
House of Representatives and the Senate, transfer not to exceed 10 
percent of any such appropriation to any other such appropriation, to 
be merged with and available for the same time and for the same 
purposes as the appropriation to which transferred: Provided, That the 
amount of an appropriation shall not be increased by more than 50 
percent by such transfers: Provided further, That no amount shall be 
transferred from ``Special Assistance to the President'' or ``Official 
Residence of the Vice President'' without the approval of the Vice 
President.
    Sec. 202.  The President shall submit to the Committees on 
Appropriations of the House of Representatives and the Senate not later 
than 60 days after enactment of this Act, and prior to the initial 
obligation of funds appropriated under the heading ``Office of National 
Drug Control Policy'', a financial plan on the proposed uses of all 
funds under the heading by program, project, and activity, for which 
the obligation of funds is anticipated: Provided, That up to 20 percent 
of funds appropriated under this heading may be obligated before the 
submission of the report subject to prior approval of the Committees on 
Appropriations: Provided further, That the report shall be updated and 
submitted to the Committees on Appropriations every 6 months and shall 
include information detailing how the estimates and assumptions 
contained in previous reports have changed: Provided further, That any 
new projects and changes in funding of ongoing projects shall be 
subject to the prior approval of the Committees on Appropriations.
     This title may be cited as the ``Executive Office of the President 
Appropriations Act, 2009''.

                               TITLE III

                             THE JUDICIARY

                   Supreme Court of the United States

                         salaries and expenses

    For expenses necessary for the operation of the Supreme Court, as 
required by law, excluding care of the building and grounds, including 
purchase or hire, driving, maintenance, and operation of an automobile 
for the Chief Justice, not to exceed $10,000 for the purpose of 
transporting Associate Justices, and hire of passenger motor vehicles 
as authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for 
official reception and representation expenses; and for miscellaneous 
expenses, to be expended as the Chief Justice may approve, $69,777,000, 
of which $2,000,000 shall remain available until expended.

                    care of the building and grounds

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

         United States Court of Appeals for the Federal Circuit

                         salaries and expenses

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

               United States Court of International Trade

                         salaries and expenses

    For salaries of the chief judge and eight judges, salaries of the 
officers and employees of the court, services, and necessary expenses 
of the court, as authorized by law, $19,590,000.

    Courts of Appeals, District Courts, and Other Judicial Services

                         salaries and expenses

    For the salaries of circuit and district judges (including judges 
of the territorial courts of the United States), justices and judges 
retired from office or from regular active service, judges of the 
United States Court of Federal Claims, bankruptcy judges, magistrate 
judges, and all other officers and employees of the Federal Judiciary 
not otherwise specifically provided for, and necessary expenses of the 
courts, as authorized by law, $4,830,060,000 (including the purchase of 
firearms and ammunition); of which not to exceed $27,817,000 shall 
remain available until expended for space alteration projects and for 
furniture and furnishings related to new space alteration and 
construction projects.
    In addition, for expenses of the United States Court of Federal 
Claims associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed 
$4,253,000, to be appropriated from the Vaccine Injury Compensation 
Trust Fund.

                           defender services

    For the operation of Federal Defender organizations; the 
compensation and reimbursement of expenses of attorneys appointed to 
represent persons under section 3006A of title 18, United States Code, 
and also under section 3599 of title 18, United States Code, in cases 
in which a defendant is charged with a crime that may be punishable by 
death; the compensation and reimbursement of expenses of persons 
furnishing investigative, expert, and other services under section 
3006A(e) of title 18, United States Code, and also under section 
3599(f) and (g)(2) of title 18, United States Code, in cases in which a 
defendant is charged with a crime that may be punishable by death; the 
compensation (in accordance with the maximums under section 3006A of 
title 18, United States Code) and reimbursement of expenses of 
attorneys appointed to assist the court in criminal cases where the 
defendant has waived representation by counsel; the compensation and 
reimbursement of travel expenses of guardians ad litem acting on behalf 
of financially eligible minor or incompetent offenders in connection 
with transfers from the United States to foreign countries with which 
the United States has a treaty for the execution of penal sentences; 
the compensation and reimbursement of expenses of attorneys appointed 
to represent jurors in civil actions for the protection of their 
employment, as authorized by 28 U.S.C. 1875(d); the compensation and 
reimbursement of expenses of attorneys appointed under 18 U.S.C. 
983(b)(1) in connection with certain judicial civil forfeiture 
proceedings; and for necessary training and general administrative 
expenses, $862,977,000, to remain available until expended.

                    fees of jurors and commissioners

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

                             court security

                     (including transfers of funds)

    For necessary expenses, not otherwise provided for, incident to the 
provision of protective guard services for United States courthouses 
and other facilities housing Federal court operations, and the 
procurement, installation, and maintenance of security systems and 
equipment for United States courthouses and other facilities housing 
Federal court operations, including building ingress-egress control, 
inspection of mail and packages, directed security patrols, perimeter 
security, basic security services provided by the Federal Protective 
Service, and other similar activities as authorized by section 1010 of 
the Judicial Improvement and Access to Justice Act (Public Law 100-
702), $430,004,000, of which not to exceed $15,000,000 shall remain 
available until expended, to be expended directly or transferred to the 
United States Marshals Service, which shall be responsible for 
administering the Judicial Facility Security Program consistent with 
standards or guidelines agreed to by the Director of the Administrative 
Office of the United States Courts and the Attorney General.

           Administrative Office of the United States Courts

                         salaries and expenses

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

                        Federal Judicial Center

                         salaries and expenses

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

                       Judicial Retirement Funds

                    payment to judiciary trust funds

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

                  United States Sentencing Commission

                         salaries and expenses

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

                Administrative Provisions--The Judiciary

                     (including transfer of funds)

    Sec. 301.  Appropriations and authorizations made in this title 
which are available for salaries and expenses shall be available for 
services as authorized by 5 U.S.C. 3109.
    Sec. 302.  Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Judiciary in this Act may 
be transferred between such appropriations, but no such appropriation, 
except ``Courts of Appeals, District Courts, and Other Judicial 
Services, Defender Services'' and ``Courts of Appeals, District Courts, 
and Other Judicial Services, Fees of Jurors and Commissioners'', shall 
be increased by more than 10 percent by any such transfers: Provided, 
That any transfer pursuant to this section shall be treated as a 
reprogramming of funds under sections 604 and 608 of this Act and shall 
not be available for obligation or expenditure except in compliance 
with the procedures set forth in section 608.
    Sec. 303.  Notwithstanding any other provision of law, the salaries 
and expenses appropriation for ``Courts of Appeals, District Courts, 
and Other Judicial Services'' shall be available for official reception 
and representation expenses of the Judicial Conference of the United 
States: Provided, That such available funds shall not exceed $11,000 
and shall be administered by the Director of the Administrative Office 
of the United States Courts in the capacity as Secretary of the 
Judicial Conference.
    Sec. 304.  Within 90 days after the date of the enactment of this 
Act, the Administrative Office of the U.S. Courts shall submit to the 
Committees on Appropriations a comprehensive financial plan for the 
Judiciary allocating all sources of available funds including 
appropriations, fee collections, and carryover balances, to include a 
separate and detailed plan for the Judiciary Information Technology 
Fund.
    Sec. 305.  Section 3314(a) of title 40, United States Code, shall 
be applied by substituting ``Federal'' for ``executive'' each place it 
appears.
    Sec. 306.  In accordance with 28 U.S.C. 561-569, and 
notwithstanding any other provision of law, the United States Marshals 
Service shall provide, for such courthouses as its Director may 
designate in consultation with the Director of the Administrative 
Office of the United States Courts, for purposes of a pilot program, 
the security services that 40 U.S.C. 1315 authorizes the Department of 
Homeland Security to provide, except for the services specified in 40 
U.S.C. 1315(b)(2)(E). For building-specific security services at these 
courthouses, the Director of the Administrative Office of the United 
States Courts shall reimburse the United States Marshals Service rather 
than the Department of Homeland Security.
    Sec. 307. (a) In General.--Section 604(a)(5) of title 28, United 
States Code, is amended striking ``magistrate judges appointed under 
section 631 of this title,'' and inserting the following: ``, United 
States magistrate judges, bankruptcy judges appointed under chapter 6 
of this title, judges of the District Court of Guam, judges of the 
District Court for the Northern Mariana Islands, judges of the District 
Court of the Virgin Islands, bankruptcy judges and magistrate judges 
retired under section 377 of this title, and judges retired under 
section 373 of this title, who are''.
    (b) Construction.--For purposes of construing and applying chapter 
87 of title 5, United States Code, including any adjustment of 
insurance rates by regulation or otherwise, the following categories of 
judicial officers shall be deemed to be judges of the United States as 
described under section 8701 of title 5, United States Code:
            (1) Bankruptcy judges appointed under chapter 6 of title 
        28, United States Code.
            (2) Territorial district court judges appointed under 
        section 24 of the Organic Act of Guam (48 U.S.C. 1424b), 
        section 1(b) of the Act of November 8, 1977 (48 U.S.C. 1821), 
        or section 24(a) of the Revised Organic Act of the Virgin 
        Islands (48 U.S.C. 1614(a)).
            (3) Bankruptcy judges retired under section 377 of title 
        28, United States Code.
            (4) Judges retired under section 373 of title 28, United 
        States Code.
    (c) Effective Date.--Subsection (b) and the amendment made by 
subsection (a) shall apply with respect to any payment made on or after 
the first day of the first applicable pay period beginning on or after 
the date of enactment of Public Law 110-177.
    Sec. 308.  Subsection (c) of section 407 of the Transportation, 
Treasury, Housing and Urban Development, the Judiciary, the District of 
Columbia, and Independent Agencies Appropriations Act, 2006 (division 
A, title IV, of Public Law 109-115; 119 Stat. 2396, 2471) is repealed.
    Sec. 309.  Section 3672 of title 18, United States Code, is amended 
in the fourth sentence in the seventh undesignated paragraph--(1) by 
inserting ``to expend funds or'' after ``He shall also have the 
authority''; and (2) by striking ``this Act'' and inserting ``this 
paragraph''.
    Sec. 310.  Section 203(c) of the Judicial Improvements Act of 1990 
(Public Law 101-650; 28 U.S.C. 133 note), is amended--
            (1) in the third sentence (relating to the district of 
        Kansas), by striking ``17 years'' and inserting ``21 years''; 
        and
            (2) in the sixth sentence (relating to the northern 
        district of Ohio), by striking ``17 years'' and inserting ``21 
        years''.
     This title may be cited as the ``Judiciary Appropriations Act, 
2009''.

                                TITLE IV

                          DISTRICT OF COLUMBIA

                             Federal Funds

              federal payment for resident tuition support

    For a Federal payment to the District of Columbia, to be deposited 
into a dedicated account, for a nationwide program to be administered 
by the Mayor, for District of Columbia resident tuition support, 
$35,100,000, to remain available until expended: Provided, That such 
funds, including any interest accrued thereon, may be used on behalf of 
eligible District of Columbia residents to pay an amount based upon the 
difference between in-State and out-of-State tuition at public 
institutions of higher education, or to pay up to $2,500 each year at 
eligible private institutions of higher education: Provided further, 
That the awarding of such funds may be prioritized on the basis of a 
resident's academic merit, the income and need of eligible students and 
such other factors as may be authorized: Provided further, That the 
District of Columbia government shall maintain a dedicated account for 
the Resident Tuition Support Program that shall consist of the Federal 
funds appropriated to the Program in this Act and any subsequent 
appropriations, any unobligated balances from prior fiscal years, and 
any interest earned in this or any fiscal year: Provided further, That 
the account shall be under the control of the District of Columbia 
Chief Financial Officer, who shall use those funds solely for the 
purposes of carrying out the Resident Tuition Support Program: Provided 
further, That the Office of the Chief Financial Officer shall provide a 
quarterly financial report to the Committees on Appropriations of the 
House of Representatives and Senate for these funds showing, by object 
class, the expenditures made and the purpose therefor.

   federal payment for emergency planning and security costs in the 
                          district of columbia

    For a Federal payment of necessary expenses, as determined by the 
Mayor of the District of Columbia in written consultation with the 
elected county or city officials of surrounding jurisdictions, 
$15,352,000, to remain available until expended; of which $15,000,000 
is for the costs of providing public safety at events related to the 
presence of the national capital in the District of Columbia, for 
support requested by the Director of the United States Secret Service 
Division in carrying out protective duties under the direction of the 
Secretary of Homeland Security, and for the costs of providing support 
to respond to immediate and specific terrorist threats or attacks in 
the District of Columbia or surrounding jurisdictions; and $352,000 is 
for the District of Columbia National Guard retention and college 
access program.

           federal payment to the district of columbia courts

    For salaries and expenses for the District of Columbia Courts, 
$248,409,000 to be allocated as follows: for the District of Columbia 
Court of Appeals, $12,630,000, of which not to exceed $1,500 is for 
official reception and representation expenses; for the District of 
Columbia Superior Court, $104,277,000, of which not to exceed $1,500 is 
for official reception and representation expenses; for the District of 
Columbia Court System, $55,426,000, of which not to exceed $1,500 is 
for official reception and representation expenses; and $76,076,000, to 
remain available until September 30, 2010, for capital improvements for 
District of Columbia courthouse facilities, including structural 
improvements to the District of Columbia cell block at the Moultrie 
Courthouse: Provided, That funds made available for capital 
improvements shall be expended consistent with the General Services 
Administration (GSA) master plan study and building evaluation report: 
Provided further, That notwithstanding any other provision of law, all 
amounts under this heading shall be apportioned quarterly by the Office 
of Management and Budget and obligated and expended in the same manner 
as funds appropriated for salaries and expenses of other Federal 
agencies, with payroll and financial services to be provided on a 
contractual basis with the GSA, and such services shall include the 
preparation of monthly financial reports, copies of which shall be 
submitted directly by GSA to the President and to the Committees on 
Appropriations of the House of Representatives and the Senate, the 
Committee on Oversight and Government Reform of the House of 
Representatives, and the Committee on Homeland Security and 
Governmental Affairs of the Senate: Provided further, That 30 days 
after providing written notice to the Committees on Appropriations of 
the House of Representatives and the Senate, the District of Columbia 
Courts may reallocate not more than $1,000,000 of the funds provided 
under this heading among the items and entities funded under this 
heading for operations, and not more than 4 percent of the funds 
provided under this heading for facilities.

            defender services in district of columbia courts

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

 federal payment to the court services and offender supervision agency 
                      for the district of columbia

    For salaries and expenses, including the transfer and hire of motor 
vehicles, of the Court Services and Offender Supervision Agency for the 
District of Columbia, as authorized by the National Capital 
Revitalization and Self-Government Improvement Act of 1997, 
$202,490,000, of which not to exceed $2,000 is for official reception 
and representation expenses related to Community Supervision and 
Pretrial Services Agency programs; of which not to exceed $25,000 is 
for dues and assessments relating to the implementation of the Court 
Services and Offender Supervision Agency Interstate Supervision Act of 
2002; of which not to exceed $400,000 for the Community Supervision 
Program and $160,000 for the Pretrial Services Program, both to remain 
available until September 30, 2010, are for information technology 
infrastructure enhancement acquisitions; of which $147,652,000 shall be 
for necessary expenses of Community Supervision and Sex Offender 
Registration, to include expenses relating to the supervision of adults 
subject to protection orders or the provision of services for or 
related to such persons; of which $54,838,000 shall be available to the 
Pretrial Services Agency: Provided, That notwithstanding any other 
provision of law, all amounts under this heading shall be apportioned 
quarterly by the Office of Management and Budget and obligated and 
expended in the same manner as funds appropriated for salaries and 
expenses of other Federal agencies: Provided further, That not less 
than $1,000,000 shall be available for re-entrant housing in the 
District of Columbia: Provided further, That the Director is authorized 
to accept and use gifts in the form of in-kind contributions of space 
and hospitality to support offender and defendant programs, and 
equipment and vocational training services to educate and train 
offenders and defendants: Provided further, That the Director shall 
keep accurate and detailed records of the acceptance and use of any 
gift or donation under the previous proviso, and shall make such 
records available for audit and public inspection: Provided further, 
That the Court Services and Offender Supervision Agency Director is 
authorized to accept and use reimbursement from the District of 
Columbia Government for space and services provided on a cost 
reimbursable basis.

  federal payment to the district of columbia public defender service

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

 federal payment to the district of columbia water and sewer authority

    For a Federal payment to the District of Columbia Water and Sewer 
Authority, $14,000,000, to remain available until expended, to continue 
implementation of the Combined Sewer Overflow Long-Term Plan: Provided, 
That the District of Columbia Water and Sewer Authority provides a 100 
percent match for this payment.

      federal payment to the criminal justice coordinating council

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

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

    For a Federal payment to the Office of the Chief Financial Officer 
of the District of Columbia, $4,486,000 Provided, That each entity that 
receives funding under this heading shall submit to the Office of the 
Chief Financial Officer of the District of Columbia (CFO) a report on 
the activities to be carried out with such funds no later than March 
15, 2009, and the CFO shall submit a comprehensive report to the 
Committees on Appropriations of the House of Representatives and the 
Senate no later than June 1, 2009.

                 federal payment for school improvement

    For a Federal payment for a school improvement program in the 
District of Columbia, $54,000,000, to be allocated as follows: for the 
District of Columbia Public Schools, $21,200,000 to improve public 
school education in the District of Columbia; for the State Education 
Office, $18,000,000 to expand quality public charter schools in the 
District of Columbia, to remain available until expended; for the 
Secretary of the Department of Education, $14,800,000 to provide 
opportunity scholarships for students in the District of Columbia in 
accordance with division C, title III of the District of Columbia 
Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 126), of which 
up to $1,000,000 may be used to administer and fund assessments.

           federal payment to jump start public school reform

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

          federal payment for consolidated laboratory facility

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

        federal payment for central library and branch locations

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

                       District of Columbia Funds

    The following amounts are appropriated for the District of Columbia 
for the current fiscal year out of the General Fund of the District of 
Columbia (``General Fund''), except as otherwise specifically provided: 
Provided, That notwithstanding any other provision of law, except as 
provided in section 450A of the District of Columbia Home Rule Act, 
approved November 2, 2000 (114 Stat. 2440; D.C. Official Code, section 
1-204.50a) and provisions of this Act, the total amount appropriated in 
this Act for operating expenses for the District of Columbia for fiscal 
year 2009 under this heading shall not exceed the lesser of the sum of 
the total revenues of the District of Columbia for such fiscal year or 
$10,011,231,000 (of which $6,203,795,000 shall be from local funds, 
(including $441,319,000 from dedicated taxes) $2,177,373,000 shall be 
from Federal grant funds, $1,623,754,000 shall be from other funds, and 
$6,310,000 shall be from private funds), in addition, $156,874,000 from 
funds previously appropriated in this Act as Federal payments: Provided 
further, That of the local funds, such amounts as may be necessary may 
be derived from the District's General Fund balance: Provided further, 
That of these funds the District's intradistrict authority shall be 
$725,461,000: in addition For capital construction projects, an 
increase of $1,482,977,000, of which $1,121,734,000 shall be from local 
funds, $60,708,000 from the District of Columbia Highway Trust fund, 
$107,794,000 from the Local Street Maintenance fund, $192,741,000 from 
Federal grant funds, and a rescission of $353,447,000 from local funds 
and a rescission of $37,500,000 from Local Street Maintenance funds 
appropriated under this heading in prior fiscal years for a net amount 
of $1,092,030,000, to remain available until expended: Provided 
further, That the amounts provided under this heading are to be 
available, allocated and expended as proposed under ``Title III--
District of Columbia Funds Division of Expenses'' of the Fiscal Year 
2009 Proposed Budget and Financial Plan submitted to the Congress of 
the United States by the District of Columbia on June 09, 2008 and such 
title is hereby incorporated by reference as though set forth fully 
herein. Provided further, That this amount may be increased by proceeds 
of one-time transactions, which are expended for emergency or 
unanticipated operating or capital needs: Provided further, That such 
increases shall be approved by enactment of local District law and 
shall comply with all reserve requirements contained in the District of 
Columbia Home Rule Act approved December 24, 1973 (87 Stat. 777; D.C. 
Official Code Sec. 1-201.01 et seq.): Provided further, That the Chief 
Financial Officer of the District of Columbia shall take such steps as 
are necessary to assure that the District of Columbia meets these 
requirements, including the apportioning by the Chief Financial Officer 
of the appropriations and funds made available to the District during 
fiscal year 2009, except that the Chief Financial Officer may not 
reprogram for operating expenses any funds derived from bonds, notes, 
or other obligations issued for capital projects.
     This title may be cited as the ``District of Columbia 
Appropriations Act, 2009''.

                                TITLE V

                          INDEPENDENT AGENCIES

                   Consumer Product Safety Commission

                         salaries and expenses

    For necessary expenses of the Consumer Product Safety Commission 
(CPSC), including hire of passenger motor vehicles, services as 
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed 
the per diem rate equivalent to the maximum rate payable under 5 U.S.C. 
5376, purchase of nominal awards to recognize non-Federal officials' 
contributions to Commission activities, and not to exceed $1,000 for 
official reception and representation expenses, $100,000,000, of which 
$6,000,000 shall remain available for obligation until September 30, 
2011 for costs associated with the relocation of CPSC's laboratory to a 
modern facility and the upgrade of laboratory equipment.

                     Election Assistance Commission

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses to carry out the Help America Vote Act of 
2002, $18,559,000, of which $4,000,000 shall be transferred to the 
National Institute of Standards and Technology for election reform 
activities authorized under the Help America Vote Act of 2002: 
Provided, That $1,250,000 shall be for the Help America Vote College 
Program as provided by the Help America Vote Act of 2002 (Public Law 
107-252): Provided further, That $400,000 shall be for a competitive 
grant program to support community involvement in student and parent 
mock elections.

                        election reform programs

    For necessary expenses relating to election reform programs, 
$116,000,000, to remain available until expended, of which $110,000,000 
shall be for requirements payments under part 1 of subtitle D of title 
II of the Help America Vote Act of 2002 (Public Law 107-252), 
$5,000,000 shall be for grants to carry out research on voting 
technology improvements as authorized under part 3 of subtitle D of 
title II of such Act, and $1,000,000, subject to authorization, shall 
be to conduct a pilot program for grants to States and units of local 
government for pre-election logic and accuracy testing and post-
election voting systems verification.

                   Federal Communications Commission

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses of the Federal Communications Commission, as 
authorized by law, including uniforms and allowances therefor, as 
authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official 
reception and representation expenses; purchase and hire of motor 
vehicles; special counsel fees; and services as authorized by 5 U.S.C. 
3109, $338,874,783: Provided, That $337,874,783 of offsetting 
collections shall be assessed and collected pursuant to section 9 of 
title I of the Communications Act of 1934, shall be retained and used 
for necessary expenses in this appropriation, and shall remain 
available until expended: Provided further, That the sum herein 
appropriated shall be reduced as such offsetting collections are 
received during fiscal year 2009 so as to result in a final fiscal year 
2009 appropriation estimated at $1,000,000: Provided further, That any 
offsetting collections received in excess of $337,874,783 in fiscal 
year 2009 shall not be available for obligation: Provided further, That 
remaining offsetting collections from prior years collected in excess 
of the amount specified for collection in each such year and otherwise 
becoming available on October 1, 2008, shall not be available for 
obligation: Provided further, That notwithstanding 47 U.S.C. 
309(j)(8)(B), proceeds from the use of a competitive bidding system 
that may be retained and made available for obligation shall not exceed 
$85,000,000 for fiscal year 2009: Provided further, That, in addition, 
not to exceed $25,480,000 may be transferred from the Universal Service 
Fund in fiscal year 2009 to remain available until expended, to monitor 
the Universal Service Fund program to prevent and remedy waste, fraud 
and abuse, and to conduct audits and investigations by the Office of 
Inspector General.

                 Federal Deposit Insurance Corporation

                      office of inspector general

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

                      Federal Election Commission

                         salaries and expenses

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

                   Federal Labor Relations Authority

                         salaries and expenses

    For necessary expenses to carry out functions of the Federal Labor 
Relations Authority, pursuant to Reorganization Plan Numbered 2 of 
1978, and the Civil Service Reform Act of 1978, including services 
authorized by 5 U.S.C. 3109, and including hire of experts and 
consultants, hire of passenger motor vehicles, and rental of conference 
rooms in the District of Columbia and elsewhere, $22,674,000: Provided, 
That public members of the Federal Service Impasses Panel may be paid 
travel expenses and per diem in lieu of subsistence as authorized by 
law (5 U.S.C. 5703) for persons employed intermittently in the 
Government service, and compensation as authorized by 5 U.S.C. 3109: 
Provided further, That notwithstanding 31 U.S.C. 3302, funds received 
from fees charged to non-Federal participants at labor-management 
relations conferences shall be credited to and merged with this 
account, to be available without further appropriation for the costs of 
carrying out these conferences.

                        Federal Trade Commission

                         salaries and expenses

    For necessary expenses of the Federal Trade Commission, including 
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
services as authorized by 5 U.S.C. 3109; hire of passenger motor 
vehicles; and not to exceed $2,000 for official reception and 
representation expenses, $259,200,000, to remain available until 
expended: Provided, That not to exceed $300,000 shall be available for 
use to contract with a person or persons for collection services in 
accordance with the terms of 31 U.S.C. 3718: Provided further, That, 
notwithstanding any other provision of law, not to exceed $170,500,000 
of offsetting collections derived from fees collected for premerger 
notification filings under the Hart-Scott-Rodino Antitrust Improvements 
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection, 
shall be retained and used for necessary expenses in this 
appropriation: Provided further, That, notwithstanding any other 
provision of law, not to exceed $21,000,000 in offsetting collections 
derived from fees sufficient to implement and enforce the Telemarketing 
Sales Rule, promulgated under the Telemarketing and Consumer Fraud and 
Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to 
this account, and be retained and used for necessary expenses in this 
appropriation: Provided further, That the sum herein appropriated from 
the general fund shall be reduced as such offsetting collections are 
received during fiscal year 2009, so as to result in a final fiscal 
year 2009 appropriation from the general fund estimated at not more 
than $67,700,000: Provided further, That none of the funds made 
available to the Federal Trade Commission may be used to implement 
subsection (e)(2)(B) of section 43 of the Federal Deposit Insurance Act 
(12 U.S.C. 1831t).

                    General Services Administration

                        real property activities

                         federal buildings fund

                 limitations on availability of revenue

    For an additional amount to be deposited in the Federal Buildings 
Fund, $308,712,000. To carry out the purposes of the Fund established 
pursuant to section 592 of title 40, United States Code, the revenues 
and collections deposited into the Fund shall be available for 
necessary expenses of real property management and related activities 
not otherwise provided for, including operation, maintenance, and 
protection of federally owned and leased buildings; rental of buildings 
in the District of Columbia; restoration of leased premises; moving 
governmental agencies (including space adjustments and 
telecommunications relocation expenses) in connection with the 
assignment, allocation and transfer of space; contractual services 
incident to cleaning or servicing buildings, and moving; repair and 
alteration of federally owned buildings including grounds, approaches 
and appurtenances; care and safeguarding of sites; maintenance, 
preservation, demolition, and equipment; acquisition of buildings and 
sites by purchase, condemnation, or as otherwise authorized by law; 
acquisition of options to purchase buildings and sites; conversion and 
extension of federally owned buildings; preliminary planning and design 
of projects by contract or otherwise; construction of new buildings 
(including equipment for such buildings); and payment of principal, 
interest, and any other obligations for public buildings acquired by 
installment purchase and purchase contract; in the aggregate amount of 
$8,161,285,000, of which: (1) $453,831,000 shall remain available until 
expended for construction (including funds for sites and expenses and 
associated design and construction services) of additional projects at 
the following locations:


New Construction:
  California:
   San Diego, United States Courthouse Annex, $110,362,000.
   San Ysidro, Land Port of Entry, $58,910,000.
  Colorado:
   Lakewood, Denver Federal Remediation, $10,472,000.
  District of Columbia:
   DHS Consolidation and development of St. Elizabeths Campus, $165,102,000.
   St. Elizabeths West Campus Infrastructure, $8,249,000.
   St. Elizabeths West Campus Site Acquisition, $7,000,000.
  Maryland:
   Montgomery County, Food and Drug Administration Consolidation, $78,532,000.
  North Dakota:
   Portal, Land Port of Entry, $15,204,000:
 

    Provided, That each of the foregoing limits of costs on new 
construction projects may be exceeded to the extent that savings are 
affected in other such projects, but not to exceed 10 percent of the 
amounts included in an approved prospectus, if required, unless advance 
approval is obtained from the Committees on Appropriations of a greater 
amount: Provided further, That all funds for direct construction 
projects shall expire on September 30, 2010, and remain in the Federal 
Buildings Fund except for funds for projects as to which funds for 
design or other funds have been obligated in whole or in part prior to 
such date; (2) $692,374,000 shall remain available until expended for 
repairs and alterations, which includes associated design and 
construction services:


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

    Provided further, That funds made available in this or any previous 
Act in the Federal Buildings Fund for Repairs and Alterations shall, 
for prospectus projects, be limited to the amount identified for each 
project, except each project in this or any previous Act may be 
increased by an amount not to exceed 10 percent unless advance approval 
is obtained from the Committees on Appropriations of a greater amount: 
Provided further, That additional projects for which prospectuses have 
been fully approved may be funded under this category only if advance 
approval is obtained from the Committees on Appropriations: Provided 
further, That the amounts provided in this or any prior Act for 
``Repairs and Alterations'' may be used to fund costs associated with 
implementing security improvements to buildings necessary to meet the 
minimum standards for security in accordance with current law and in 
compliance with the reprogramming guidelines of the appropriate 
Committees of the House and Senate: Provided further, That the 
difference between the funds appropriated and expended on any projects 
in this or any prior Act, under the heading ``Repairs and 
Alterations'', may be transferred to Basic Repairs and Alterations or 
used to fund authorized increases in prospectus projects: Provided 
further, That all funds for repairs and alterations prospectus projects 
shall expire on September 30, 2010, and remain in the Federal Buildings 
Fund except funds for projects as to which funds for design or other 
funds have been obligated in whole or in part prior to such date: 
Provided further, That the amount provided in this or any prior Act for 
Basic Repairs and Alterations may be used to pay claims against the 
Government arising from any projects under the heading ``Repairs and 
Alterations'' or used to fund authorized increases in prospectus 
projects; (3) $149,570,000 for installment acquisition payments, 
including payments on purchase contracts which shall remain available 
until expended; (4) $4,642,156,000 for rental of space which shall 
remain available until expended; and (5) $2,223,354,000 for building 
operations which shall remain available until expended: Provided 
further, That funds available to the General Services Administration 
shall not be available for expenses of any construction, repair, 
alteration and acquisition project for which a prospectus, if required 
by the Public Buildings Act of 1959, has not been approved, except that 
necessary funds may be expended for each project for required expenses 
for the development of a proposed prospectus: Provided further, That 
funds available in the Federal Buildings Fund may be expended for 
emergency repairs when advance approval is obtained from the Committees 
on Appropriations: Provided further, That amounts necessary to provide 
reimbursable special services to other agencies under section 210(f)(6) 
of section 592 of title 40, United States Code and amounts to provide 
such reimbursable fencing, lighting, guard booths, and other facilities 
on private or other property not in Government ownership or control as 
may be appropriate to enable the United States Secret Service to 
perform its protective functions pursuant to 18 U.S.C. 3056, shall be 
available from such revenues and collections: Provided further, That 
revenues and collections and any other sums accruing to this Fund 
during fiscal year 2009, excluding reimbursements under section 592 of 
title 40, United States Code in excess of the aggregate new 
obligational authority authorized for Real Property Activities of the 
Federal Buildings Fund in this Act shall remain in the Fund and shall 
not be available for expenditure except as authorized in appropriations 
Acts.

                           general activities

                         government-wide policy

    For expenses authorized by law, not otherwise provided for, for 
Government-wide policy and evaluation activities associated with the 
management of real and personal property assets and certain 
administrative services; Government-wide policy support 
responsibilities relating to acquisition, telecommunications, 
information technology management, and related technology activities; 
and services as authorized by 5 U.S.C. 3109; $56,215,000.

                           operating expenses

    For expenses authorized by law, not otherwise provided for, for 
Government-wide activities associated with utilization and donation of 
surplus personal property; disposal of real property; agency-wide 
policy direction, management, and communications; Civilian Board of 
Contract Appeals; services as authorized by 5 U.S.C. 3109; and not to 
exceed $7,500 for official reception and representation expenses; 
$71,208,000.

                      office of inspector general

    For necessary expenses of the Office of Inspector General and 
service authorized by 5 U.S.C. 3109, $51,800,000: Provided, That not to 
exceed $15,000 shall be available for payment for information and 
detection of fraud against the Government, including payment for 
recovery of stolen Government property: Provided further, That not to 
exceed $2,500 shall be available for awards to employees of other 
Federal agencies and private citizens in recognition of efforts and 
initiatives resulting in enhanced Office of Inspector General 
effectiveness.

           allowances and office staff for former presidents

                     (including transfer of funds)

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

                    presidential transition expenses

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

                     federal citizen services fund

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

       administrative provisions--general services administration

                     (including transfers of funds)

    Sec. 501.  Funds available to the General Services Administration 
shall be available for the hire of passenger motor vehicles.
    Sec. 502.  Funds in the Federal Buildings Fund made available for 
fiscal year 2009 for Federal Buildings Fund activities may be 
transferred between such activities only to the extent necessary to 
meet program requirements: Provided, That any proposed transfers shall 
be approved in advance by the Committees on Appropriations.
    Sec. 503.  Except as otherwise provided in this title, no funds 
made available by this Act shall be used to transmit a fiscal year 2010 
request for United States Courthouse construction that: (1) does not 
meet the design guide standards for construction as established and 
approved by the General Services Administration, the Judicial 
Conference of the United States, and the Office of Management and 
Budget; and (2) does not reflect the priorities of the Judicial 
Conference of the United States as set out in its approved 5-year 
construction plan: Provided, That the fiscal year 2010 request must be 
accompanied by a standardized courtroom utilization study of each 
facility to be constructed, replaced, or expanded.
    Sec. 504.  None of the funds provided in this Act may be used to 
increase the amount of occupiable square feet, provide cleaning 
services, security enhancements, or any other service usually provided 
through the Federal Buildings Fund, to any agency that does not pay the 
rate per square foot assessment for space and services as determined by 
the General Services Administration in compliance with the Public 
Buildings Amendments Act of 1972 (Public Law 92-313).
    Sec. 505.  From funds made available under the heading ``Federal 
Buildings Fund, Limitations on Availability of Revenue'', claims 
against the Government of less than $250,000 arising from direct 
construction projects and acquisition of buildings may be liquidated 
from savings effected in other construction projects with prior 
notification to the Committees on Appropriations.
    Sec. 506.  In any case in which the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate adopt a resolution granting 
lease authority pursuant to a prospectus transmitted to Congress by the 
Administrator of General Services under section 3307 of title 40, 
United States Code, the Administrator shall ensure that the delineated 
area of procurement is identical to the delineated area included in the 
prospectus for all lease agreements, except that, if the Administrator 
determines that the delineated area of the procurement should not be 
identical to the delineated area included in the prospectus, the 
Administrator shall provide an explanatory statement to each of such 
committees and the House and Senate Committees on Appropriations prior 
to exercising any lease authority provided in the resolution.
    Sec. 507.  Subsections (a) and (b)(1) of section 323 of title 40, 
United States Code, are each amended by striking ``Consumer Information 
Center'' and inserting ``Federal Citizen Services''; and subsection (a) 
is further amended by striking ``consumer''.
    Sec. 508. Working Capital Fund.--(a) Purpose and Operation of 
Working Capital Fund.--Subsections (a), (b) and (c) of section 3173 of 
title 40, United States Code, are amended to read as follows:
    ``(a) Establishment and Purpose.--There is a working capital fund 
for the necessary expenses of administrative support services including 
accounting, budget, personnel, legal support and other related 
services; and the maintenance and operation of printing and 
reproduction facilities in support of the functions of the General 
Services Administration, other Federal agencies, and other entities; 
and other such administrative and management services that the 
Administrator of GSA deems appropriate and advantageous (subject to 
prior notice to the Office of Management and Budget).
    ``(b) Composition.--
            ``(1) In general.--Amounts received shall be credited to 
        and merged with the Fund, to remain available until expended, 
        for operating costs and capital outlays of the Fund: Provided, 
        That entities for which such services are performed shall be 
        charged at rates which will return in full all costs of 
        providing such services.
            ``(2) Cost and capital requirements.--The Administrator 
        shall determine the cost and capital requirements of the Fund 
        for each fiscal year and shall develop a plan concerning such 
        requirements in consultation with the Chief Financial Officer 
        of the General Services Administration. Any change to the cost 
        and capital requirements of the Fund for a fiscal year shall be 
        approved by the Administrator. The Administrator shall 
        establish rates to be charged to entities for which services 
        are performed, in accordance with the plan.
    ``(c) Deposit of Excess Amounts in the Treasury.--At the close of 
each fiscal year, after making provision for anticipated operating 
needs reflected in the cost and capital plan developed under subsection 
(b), the uncommitted balance of any funds remaining in the Fund shall 
be transferred to the general fund of the Treasury as miscellaneous 
receipts.''.
    (b) Transfer and Use of Amounts for Major Equipment Acquisitions.--
Section 3173 of title 40, United States Code, is amended to add 
subsection (d), as follows:
    ``(d) Transfer and Use of Amounts for Major Equipment 
Acquisitions.--
            ``(1) In general.--Subject to subparagraph (2), unobligated 
        balances of amounts appropriated or otherwise made available to 
        the General Services Administration for operating expenses and 
        salaries and expenses may be transferred and merged into the 
        `Major equipment acquisitions and development activity' of the 
        working capital fund of the General Services Administration for 
        agency-wide acquisition of capital equipment, automated data 
        processing systems and financial management and management 
        information systems: Provided, That acquisitions are limited to 
        those needed to implement the Chief Financial Officers Act of 
        1990 (Public Law 101-576, 104 Stat. 2838) and related laws or 
        regulations.
            ``(2) Requirements and Availability.--
                    ``(A) Time for transfer.--Transfer of an amount 
                under this section must be done no later than the end 
                of the fifth fiscal year after the fiscal year for 
                which the amount is appropriated or otherwise made 
                available.
                    ``(B) Approval for use.--An amount transferred 
                under this section may be used only with the advance 
                approval of the Committees on Appropriations of the 
                House of Representatives and the Senate.
                    ``(C) Availability.--An amount transferred under 
                this section remains available until expended.''
    (c) Conforming and Clerical Amendments.--
            (1) Section 312 of such title is repealed.
            (2) The heading for section 3173 of such title is amended 
        to read as follows:
``Sec. 3173. Working capital fund for General Services 
              Administration''.

                     Merit Systems Protection Board

                         salaries and expenses

                     (including transfer of funds)

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

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

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

                     (including transfer of funds)

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

                 environmental dispute resolution fund

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

              National Archives and Records Administration

                           operating expenses

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

                      electronic records archives

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

                        repairs and restoration

    For the repair, alteration, and improvement of archives facilities, 
and to provide adequate storage for holdings, $26,711,000, to remain 
available until expended.

        national historical publications and records commission

                             grants program

                     (including transfer of funds)

    For necessary expenses for allocations and grants for historical 
publications and records as authorized by 44 U.S.C. 2504, $12,000,000, 
to remain available until expended: Provided, That of the funds 
provided in this paragraph, $2,000,000 shall be transferred to the 
operating expenses account of the National Archives and Records 
Administration for operating expenses of the National Historical 
Publications and Records Commission.

                  National Credit Union Administration

                       central liquidity facility

    During fiscal year 2009, gross obligations of the Central Liquidity 
Facility for the principal amount of new direct loans to member credit 
unions, as authorized by 12 U.S.C. 1795 et seq., shall not exceed 
$1,500,000,000: Provided, That administrative expenses of the Central 
Liquidity Facility in fiscal year 2009 shall not exceed $334,000.

               community development revolving loan fund

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

                      Office of Government Ethics

                         salaries and expenses

    For necessary expenses to carry out functions of the Office of 
Government Ethics pursuant to the Ethics in Government Act of 1978, and 
the Ethics Reform Act of 1989, including services as authorized by 5 
U.S.C. 3109, rental of conference rooms in the District of Columbia and 
elsewhere, hire of passenger motor vehicles, and not to exceed $1,500 
for official reception and representation expenses, $13,000,000.

                     Office of Personnel Management

                         salaries and expenses

                  (including transfer of trust funds)

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

                      office of inspector general

                         salaries and expenses

                  (including transfer of trust funds)

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
including services as authorized by 5 U.S.C. 3109, hire of passenger 
motor vehicles, $1,538,000, and in addition, not to exceed $16,962,000 
for administrative expenses to audit, investigate, and provide other 
oversight of the Office of Personnel Management's retirement and 
insurance programs, to be transferred from the appropriate trust funds 
of the Office of Personnel Management, as determined by the Inspector 
General: Provided, That the Inspector General is authorized to rent 
conference rooms in the District of Columbia and elsewhere.

      government payment for annuitants, employees health benefits

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

       government payment for annuitants, employee life insurance

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

        payment to civil service retirement and disability fund

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

                       Office of Special Counsel

                         salaries and expenses

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

                      Postal Regulatory Commission

                         salaries and expenses

                     (including transfer of funds)

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

              Privacy and Civil Liberties Oversight Board

                         salaries and expenses

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

                   Securities and Exchange Commission

                         salaries and expenses

    For necessary expenses for the Securities and Exchange Commission, 
including services as authorized by 5 U.S.C. 3109, the rental of space 
(to include multiple year leases) in the District of Columbia and 
elsewhere, and not to exceed $3,500 for official reception and 
representation expenses, $928,000,000, to remain available until 
expended; of which not to exceed $20,000 may be used toward funding a 
permanent secretariat for the International Organization of Securities 
Commissions; and of which not to exceed $100,000 shall be available for 
expenses for consultations and meetings hosted by the Commission with 
foreign governmental and other regulatory officials, members of their 
delegations, appropriate representatives, and staff to exchange views 
concerning developments relating to securities matters, development and 
implementation of cooperation agreements concerning securities matters, 
and provision of technical assistance for the development of foreign 
securities markets, such expenses to include necessary logistic and 
administrative expenses and the expenses of Commission staff and 
foreign invitees in attendance at such consultations and meetings 
including: (1) such incidental expenses as meals taken in the course of 
such attendance; (2) any travel and transportation to or from such 
meetings; and (3) any other related lodging or subsistence: Provided, 
That fees and charges authorized by sections 6(b) of the Securities 
Exchange Act of 1933 (15 U.S.C. 77f(b)), and 13(e), 14(g) and 31 of the 
Securities Exchange Act of 1934 (15 U.S.C. 78m(e), 78n(g), and 78ee), 
shall be credited to this account as offsetting collections: Provided 
further, That not to exceed $879,356,000 of such offsetting collections 
shall be available until expended for necessary expenses of this 
account: Provided further, That $48,644,000 shall be derived from prior 
year unobligated balances from funds previously appropriated to the 
Securities and Exchange Commission: Provided further, That the total 
amount appropriated under this heading from the general fund for fiscal 
year 2009 shall be reduced as such offsetting fees are received so as 
to result in a final total fiscal year 2009 appropriation from the 
general fund estimated at not more than $0.

                        Selective Service System

                         salaries and expenses

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

                     Small Business Administration

                         salaries and expenses

    For necessary expenses, not otherwise provided for, of the Small 
Business Administration as authorized by Public Law 108-447, including 
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 
1344, and not to exceed $3,500 for official reception and 
representation expenses, $389,208,000: Provided, That the Administrator 
is authorized to charge fees to cover the cost of publications 
developed by the Small Business Administration, and certain loan 
program activities, including fees authorized by section 5(b) of the 
Small Business Act: Provided further, That, notwithstanding 31 U.S.C. 
3302, revenues received from all such activities shall be credited to 
this account, to remain available until expended, for carrying out 
these purposes without further appropriations: Provided further, That 
$110,000,000 shall be available to fund grants for performance in 
fiscal year 2009 or fiscal year 2010 as authorized, of which $2,500,000 
shall be for the Veterans Assistance and Services Program authorized by 
section 21(n) of the Small Business Act, as added by section 107 of 
Public Law 110-186, and of which $2,500,000 shall be for the Small 
Business Energy Efficiency Program authorized by section 1203(c) of 
Public Law 110-140: Provided further, That $7,654,400 shall be 
available for the Loan Modernization and Accounting System, to be 
available until September 30, 2010.

                      office of inspector general

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

                 surety bond guarantees revolving fund

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

                     business loans program account

                     (including transfers of funds)

    For the cost of direct loans, $2,500,000, to remain available until 
expended; and for the cost of guaranteed loans, $100,000,000: Provided, 
That of the amount for the cost of guaranteed loans, such sums as may 
be necessary shall be for the Increased Veteran Participation Program 
under section 7(a)(32) of the Small Business Act, as added by section 
208 of Public Law 110-186: Provided further, That amounts remaining 
after the application of the preceding proviso shall be used by the 
Small Business Administration to reduce fees pursuant to subparagraph 
(C) of section 7(a)(23) of the Small Business Act by an estimated 
aggregate amount equal to the amounts remaining, notwithstanding the 
requirement of such section of reducing to zero the cost to the 
Administration of making guarantees: Provided further, That such 
reduction may be made only with respect to loans guaranteed after the 
date of enactment of this Act: Provided further, That such costs, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974: Provided further, 
That subject to section 502 of the Congressional Budget Act of 1974, 
during fiscal year 2009 commitments to guarantee loans under section 
503 of the Small Business Investment Act of 1958 shall not exceed 
$7,500,000,000: Provided  further, That during fiscal year 2009 
commitments for general business loans authorized under section 7(a) of 
the Small Business Act shall not exceed $17,500,000,000: Provided 
further, That during fiscal year 2009 commitments to guarantee loans 
for debentures under section 303(b) of the Small Business Investment 
Act of 1958, shall not exceed $3,000,000,000: Provided further, That 
during fiscal year 2009, guarantees of trust certificates authorized by 
section 5(g) of the Small Business Act shall not exceed a principal 
amount of $12,000,000,000. In addition, for administrative expenses to 
carry out the direct and guaranteed loan programs, $138,480,000, which 
may be transferred to and merged with the appropriations for Salaries 
and Expenses.

                     disaster loan program account

                     (including transfers of funds)

    For administrative expenses to carry out the direct loan program, 
authorized by section 7(b) of the Small Business Act, $160,068,000, to 
be available until expended, of which $1,000,000 is for the Office of 
Inspector General of the Small Business Administration for audits and 
reviews of disaster loans and the disaster loan program and shall be 
paid to appropriations for the Office of Inspector General; of which 
$150,068,000 is for direct administrative expenses of loan making and 
servicing to carry out the direct loan program, which may be paid to 
appropriations for Salaries and Expenses; and of which $9,000,000 is 
for indirect administrative expenses, which may be paid to 
appropriations for Salaries and Expenses.

        administrative provisions--small business administration

                     (including transfer of funds)

    Sec. 510.  Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Small Business 
Administration in this Act may be transferred between such 
appropriations, but no such appropriation shall be increased by more 
than 10 percent by any such transfers: Provided, That any transfer 
pursuant to this paragraph shall be treated as a reprogramming of funds 
under section 608 of this Act and shall not be available for obligation 
or expenditure except in compliance with the procedures set forth in 
that section.
    Sec. 511.  For an additional amount under the heading ``Small 
Business Administration, Salaries and Expenses'', $72,018,000, to 
remain available until September 30, 2010, shall be for initiatives 
related to small business development and entrepreneurship, including 
programmatic and construction activities, and in the amounts specified 
in the table that appears under the heading ``Administrative 
Provisions-Small Business Administration'' in the report of the 
Committee on Appropriations of the House of Representatives to 
accompany this Act.

                      United States Postal Service

                   payment to the postal service fund

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

                      office of inspector general

                     (including transfer of funds)

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

                        United States Tax Court

                         salaries and expenses

    For necessary expenses, including contract reporting and other 
services as authorized by 5 U.S.C. 3109, $48,463,000: Provided, That 
travel expenses of the judges shall be paid upon the written 
certificate of the judge.

                                TITLE VI

                      GENERAL PROVISIONS--THIS ACT

    Sec. 601.  None of the funds in this Act shall be used for the 
planning or execution of any program to pay the expenses of, or 
otherwise compensate, non-Federal parties intervening in regulatory or 
adjudicatory proceedings funded in this Act.
    Sec. 602.  None of the funds appropriated in this Act shall remain 
available for obligation beyond the current fiscal year, nor may any be 
transferred to other appropriations, unless expressly so provided 
herein.
    Sec. 603.  The expenditure of any appropriation under this Act for 
any consulting service through procurement contract pursuant to section 
3109 of title 5, United States Code, shall be limited to those 
contracts where such expenditures are a matter of public record and 
available for public inspection, except where otherwise provided under 
existing law, or under existing Executive order issued pursuant to 
existing law.
    Sec. 604.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 605.  None of the funds made available by this Act shall be 
available for any activity or for paying the salary of any Government 
employee where funding an activity or paying a salary to a Government 
employee would result in a decision, determination, rule, regulation, 
or policy that would prohibit the enforcement of section 307 of the 
Tariff Act of 1930 (19 U.S.C. 1307).
    Sec. 606.  No funds appropriated pursuant to this Act may be 
expended by an entity unless the entity agrees that in expending the 
assistance the entity will comply with the Buy American Act (41 U.S.C. 
10a-10c).
    Sec. 607.  No funds appropriated or otherwise made available under 
this Act shall be made available to any person or entity that has been 
convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
    Sec. 608.  Except as otherwise provided in this Act, none of the 
funds provided in this Act, provided by previous appropriations Acts to 
the agencies or entities funded in this Act that remain available for 
obligation or expenditure in fiscal year 2009, or provided from any 
accounts in the Treasury derived by the collection of fees and 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that: (1) 
creates a new program; (2) eliminates a program, project, or activity; 
(3) increases funds or personnel for any program, project, or activity 
for which funds have been denied or restricted by the Congress; (4) 
proposes to use funds directed for a specific activity by either the 
House or Senate Committees on Appropriations for a different purpose; 
(5) augments existing programs, projects, or activities in excess of 
$5,000,000 or 10 percent, whichever is less; (6) reduces existing 
programs, projects, or activities by $5,000,000 or 10 percent, 
whichever is less; or (7) creates or reorganizes offices, programs, or 
activities unless prior approval is received from the Committees on 
Appropriations of the House of Representatives and the Senate: 
Provided, That prior to any significant reorganization or restructuring 
of offices, programs, or activities, each agency or entity funded in 
this Act shall consult with the Committees on Appropriations of the 
House of Representatives and the Senate: Provided further, That not 
later than 60 days after the date of enactment of this Act, each agency 
funded by this Act shall submit a report to the Committees on 
Appropriations of the House of Representatives and the Senate to 
establish the baseline for application of reprogramming and transfer 
authorities for the current fiscal year: Provided further, That the 
report shall include: (1) a table for each appropriation with a 
separate column to display the President's budget request, adjustments 
made by Congress, adjustments due to enacted rescissions, if 
appropriate, and the fiscal year enacted level; (2) a delineation in 
the table for each appropriation both by object class and program, 
project, and activity as detailed in the budget appendix for the 
respective appropriation; and (3) an identification of items of special 
congressional interest: Provided further, That the amount appropriated 
or limited for salaries and expenses for an agency shall be reduced by 
$100,000 per day for each day after the required date that the report 
has not been submitted to the Congress.
    Sec. 609.  Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 2009 from appropriations made available for salaries 
and expenses for fiscal year 2009 in this Act, shall remain available 
through September 30, 2010, for each such account for the purposes 
authorized: Provided, That a request shall be submitted to the 
Committees on Appropriations of the House of Representatives and the 
Senate for approval prior to the expenditure of such funds: Provided 
further, That these requests shall be made in compliance with 
reprogramming guidelines.
    Sec. 610.  None of the funds made available in this Act may be used 
by the Executive Office of the President to request from the Federal 
Bureau of Investigation any official background investigation report on 
any individual, except when--
            (1) such individual has given his or her express written 
        consent for such request not more than 6 months prior to the 
        date of such request and during the same presidential 
        administration; or
            (2) such request is required due to extraordinary 
        circumstances involving national security.
    Sec. 611.  The cost accounting standards promulgated under section 
26 of the Office of Federal Procurement Policy Act (Public Law 93-400; 
41 U.S.C. 422) shall not apply with respect to a contract under the 
Federal Employees Health Benefits Program established under chapter 89 
of title 5, United States Code.
    Sec. 612.  For the purpose of resolving litigation and implementing 
any settlement agreements regarding the nonforeign area cost-of-living 
allowance program, the Office of Personnel Management may accept and 
utilize (without regard to any restriction on unanticipated travel 
expenses imposed in an Appropriations Act) funds made available to the 
Office of Personnel Management pursuant to court approval.
    Sec. 613.  No funds appropriated by this Act shall be available to 
pay for an abortion, or the administrative expenses in connection with 
any health plan under the Federal employees health benefits program 
which provides any benefits or coverage for abortions.
    Sec. 614.  The provision of section 613 shall not apply where the 
life of the mother would be endangered if the fetus were carried to 
term, or the pregnancy is the result of an act of rape or incest.
    Sec. 615.  In order to promote Government access to commercial 
information technology, the restriction on purchasing nondomestic 
articles, materials, and supplies set forth in the Buy American Act (41 
U.S.C. 10a et seq.), shall not apply to the acquisition by the Federal 
Government of information technology (as defined in section 11101 of 
title 40, United States Code), that is a commercial item (as defined in 
section 4(12) of the Office of Federal Procurement Policy Act (41 
U.S.C. 403(12)).
    Sec. 616.  Notwithstanding section 1353 of title 31, United States 
Code, no officer or employee of any regulatory agency or commission 
funded by this Act may accept on behalf of that agency, nor may such 
agency or commission accept, payment or reimbursement from a non-
Federal entity for travel, subsistence, or related expenses for the 
purpose of enabling an officer or employee to attend and participate in 
any meeting or similar function relating to the official duties of the 
officer or employee when the entity offering payment or reimbursement 
is a person or entity subject to regulation by such agency or 
commission, or represents a person or entity subject to regulation by 
such agency or commission, unless the person or entity is an 
organization described in section 501(c)(3) of the Internal Revenue 
Code of 1986 and exempt from tax under section 501(a) of such Code.
    Sec. 617.  The Public Company Accounting Oversight Board shall have 
authority to obligate funds for the scholarship program established by 
section 109(c)(2) of the Sarbanes-Oxley Act of 2002 (Public Law 107-
204) in an aggregate amount not exceeding the amount of funds collected 
by the Board as of September 30, 2008, including accrued interest, as a 
result of the assessment of monetary penalties. Funds available for 
obligation in fiscal year 2009 shall remain available until expended.
    Sec. 618.  Section 619 of division D of the Consolidated 
Appropriations Act, 2008 (20 U.S.C. 2009a) is amended to read as 
follows:
    ``Sec. 619.  Hereafter, the Secretary of the Treasury shall invest 
such amounts appropriated and contributed to the Harry S Truman 
Memorial Scholarship Trust Fund in such obligations as the Board of 
Trustees of the Harry S Truman Scholarship Foundation may request. Such 
a request shall be binding on the Secretary to the extent consistent 
with section 10(b) of the Harry S Truman Memorial Scholarship Act (20 
U.S.C. 2009(b)), without regard to the last sentence thereof.''.
    Sec. 619. (a) In General.--The second sentence of section 7472 of 
the Internal Revenue Code of 1986 is amended by inserting ``after April 
24, 1999, that is incurred'' after ``imposed''.
    (b) Effective Date.--The amendment made by this section shall take 
effect as if included in the amendment made by section 852 of the 
Pension Protection Act of 2006.
    Sec. 620.  None of the funds made available by this Act may be used 
by the Federal Communications Commission to implement or enforce 
paragraphs (2) through (7) of the Commission's daily newspaper cross-
ownership rule (47 C.F.R. 73.3555(d)), as amended by the Commission's 
Report and Order and Order on Reconsideration (FCC 07-216), adopted 
December 18, 2007, and any notes pertaining to such paragraphs.
    Sec. 621.  None of the funds made available in this Act may be used 
to administer, implement, or enforce the amendment made to section 
515.533 of title 31, Code of Federal Regulations, that was published in 
the Federal Register on February 25, 2005.
    Sec. 622.  For purposes of applying section 515.561(a) of title 31, 
Code of Federal Regulations, the 3-year period provided in such section 
shall be reduced to a 1-year period.
    Sec. 623.  For purposes of applying section 515.561 of title 31, 
Code of Federal Regulations, the term ``member of a person's immediate 
family'' shall include any aunt, uncle, niece, nephew, or first cousin 
of that person, in addition to those individuals listed in section 
515.561(c) of such Code.
    Sec. 624.  Notwithstanding any other provision of law, for fiscal 
year 2009 and each fiscal year thereafter, neither the Board of 
Governors of the Federal Reserve System nor the Secretary of the 
Treasury may determine, by rule, regulation, order, or otherwise, for 
purposes of section 4(k) of the Bank Holding Company Act of 1956, or 
section 5136A of the Revised Statutes of the United States, that real 
estate brokerage activity or real estate management activity is an 
activity that is financial in nature, is incidental to any financial 
activity, or is complementary to a financial activity. For purposes of 
this section, ``real estate brokerage activity'' shall mean ``real 
estate brokerage'', and ``real estate management activity'' shall mean 
``property management'', as those terms were understood by the Board of 
Governors of the Federal Reserve System prior to March 11, 2000.

                               TITLE VII

                  GENERAL PROVISIONS--GOVERNMENT-WIDE

                Departments, Agencies, and Corporations

    Sec. 701.  No department, agency, or instrumentality of the United 
States receiving appropriated funds under this or any other Act for 
fiscal year 2009 shall obligate or expend any such funds, unless such 
department, agency, or instrumentality has in place, and will continue 
to administer in good faith, a written policy designed to ensure that 
all of its workplaces are free from the illegal use, possession, or 
distribution of controlled substances (as defined in the Controlled 
Substances Act (21 U.S.C. 802)) by the officers and employees of such 
department, agency, or instrumentality.
    Sec. 702.  Unless otherwise specifically provided, the maximum 
amount allowable during the current fiscal year in accordance with 
section 16 of the Act of August 2, 1946 (60 Stat. 810), for the 
purchase of any passenger motor vehicle (exclusive of buses, 
ambulances, law enforcement, and undercover surveillance vehicles), is 
hereby fixed at $13,197 except station wagons for which the maximum 
shall be $13,631: Provided, That these limits may be exceeded by not to 
exceed $3,700 for police-type vehicles, and by not to exceed $4,000 for 
special heavy-duty vehicles: Provided further, That the limits set 
forth in this section may not be exceeded by more than 5 percent for 
electric or hybrid vehicles purchased for demonstration under the 
provisions of the Electric and Hybrid Vehicle Research, Development, 
and Demonstration Act of 1976: Provided further, That the limits set 
forth in this section may be exceeded by the incremental cost of clean 
alternative fuels vehicles acquired pursuant to Public Law 101-549 over 
the cost of comparable conventionally fueled vehicles.
    Sec. 703.  Appropriations of the executive departments and 
independent establishments for the current fiscal year available for 
expenses of travel, or for the expenses of the activity concerned, are 
hereby made available for quarters allowances and cost-of-living 
allowances, in accordance with 5 U.S.C. 5922-5924.
    Sec. 704.  Unless otherwise specified during the current fiscal 
year, no part of any appropriation contained in this or any other Act 
shall be used to pay the compensation of any officer or employee of the 
Government of the United States (including any agency the majority of 
the stock of which is owned by the Government of the United States) 
whose post of duty is in the continental United States unless such 
person: (1) is a citizen of the United States; (2) is a person in the 
service of the United States on the date of the enactment of this Act 
who, being eligible for citizenship, has filed a declaration of 
intention to become a citizen of the United States prior to such date 
and is actually residing in the United States; (3) is a person who owes 
allegiance to the United States; (4) is an alien from Cuba, Poland, 
South Vietnam, the countries of the former Soviet Union, or the Baltic 
countries lawfully admitted to the United States for permanent 
residence; (5) is a South Vietnamese, Cambodian, or Laotian refugee 
paroled in the United States after January 1, 1975; or (6) is a 
national of the People's Republic of China who qualifies for adjustment 
of status pursuant to the Chinese Student Protection Act of 1992 
(Public Law 102-404): Provided, That for the purpose of this section, 
an affidavit signed by any such person shall be considered prima facie 
evidence that the requirements of this section with respect to his or 
her status have been complied with: Provided further, That any person 
making a false affidavit shall be guilty of a felony, and, upon 
conviction, shall be fined no more than $4,000 or imprisoned for not 
more than 1 year, or both: Provided further, That the above penal 
clause shall be in addition to, and not in substitution for, any other 
provisions of existing law: Provided further, That any payment made to 
any officer or employee contrary to the provisions of this section 
shall be recoverable in action by the Federal Government. This section 
shall not apply to citizens of Ireland, Israel, or the Republic of the 
Philippines, or to nationals of those countries allied with the United 
States in a current defense effort, or to international broadcasters 
employed by the Broadcasting Board of Governors, or to temporary 
employment of translators, or to temporary employment in the field 
service (not to exceed 60 days) as a result of emergencies: Provided 
further, That this section does not apply to the employment as Wildland 
firefighters for not more than 120 days of nonresident aliens employed 
by the Department of the Interior or the USDA Forest Service pursuant 
to an agreement with another country.
    Sec. 705.  Appropriations available to any department or agency 
during the current fiscal year for necessary expenses, including 
maintenance or operating expenses, shall also be available for payment 
to the General Services Administration for charges for space and 
services and those expenses of renovation and alteration of buildings 
and facilities which constitute public improvements performed in 
accordance with the Public Buildings Act of 1959 (73 Stat. 479), the 
Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable 
law.
    Sec. 706.  In addition to funds provided in this or any other Act, 
all Federal agencies are authorized to receive and use funds resulting 
from the sale of materials, including Federal records disposed of 
pursuant to a records schedule recovered through recycling or waste 
prevention programs. Such funds shall be available until expended for 
the following purposes:
            (1) Acquisition, waste reduction and prevention, and 
        recycling programs as described in Executive Order No. 13423 
        (January 24, 2007), including any such programs adopted prior 
        to the effective date of the Executive order.
            (2) Other Federal agency environmental management programs, 
        including, but not limited to, the development and 
        implementation of hazardous waste management and pollution 
        prevention programs.
            (3) Other employee programs as authorized by law or as 
        deemed appropriate by the head of the Federal agency.
    Sec. 707.  Funds made available by this or any other Act for 
administrative expenses in the current fiscal year of the corporations 
and agencies subject to chapter 91 of title 31, United States Code, 
shall be available, in addition to objects for which such funds are 
otherwise available, for rent in the District of Columbia; services in 
accordance with 5 U.S.C. 3109; and the objects specified under this 
head, all the provisions of which shall be applicable to the 
expenditure of such funds unless otherwise specified in the Act by 
which they are made available: Provided, That in the event any 
functions budgeted as administrative expenses are subsequently 
transferred to or paid from other funds, the limitations on 
administrative expenses shall be correspondingly reduced.
    Sec. 708.  No part of any appropriation contained in this or any 
other Act shall be available for interagency financing of boards 
(except Federal Executive Boards), commissions, councils, committees, 
or similar groups (whether or not they are interagency entities) which 
do not have a prior and specific statutory approval to receive 
financial support from more than one agency or instrumentality.
    Sec. 709.  None of the funds made available pursuant to the 
provisions of this Act shall be used to implement, administer, or 
enforce any regulation which has been disapproved pursuant to a joint 
resolution duly adopted in accordance with the applicable law of the 
United States.
    Sec. 710. (a) Notwithstanding any other provision of law, and 
except as otherwise provided in this section, no part of any of the 
funds appropriated for fiscal year 2009, by this or any other Act, may 
be used to pay any prevailing rate employee described in section 
5342(a)(2)(A) of title 5, United States Code--
            (1) during the period from the date of expiration of the 
        limitation imposed by the comparable section for previous 
        fiscal years until the normal effective date of the applicable 
        wage survey adjustment that is to take effect in fiscal year 
        2009, in an amount that exceeds the rate payable for the 
        applicable grade and step of the applicable wage schedule in 
        accordance with such section; and
            (2) during the period consisting of the remainder of fiscal 
        year 2009, in an amount that exceeds, as a result of a wage 
        survey adjustment, the rate payable under paragraph (1) by more 
        than the sum of--
                    (A) the percentage adjustment taking effect in 
                fiscal year 2009 under section 5303 of title 5, United 
                States Code, in the rates of pay under the General 
                Schedule; and
                    (B) the difference between the overall average 
                percentage of the locality-based comparability payments 
                taking effect in fiscal year 2009 under section 5304 of 
                such title (whether by adjustment or otherwise), and 
                the overall average percentage of such payments which 
                was effective in the previous fiscal year under such 
                section.
    (b) Notwithstanding any other provision of law, no prevailing rate 
employee described in subparagraph (B) or (C) of section 5342(a)(2) of 
title 5, United States Code, and no employee covered by section 5348 of 
such title, may be paid during the periods for which subsection (a) is 
in effect at a rate that exceeds the rates that would be payable under 
subsection (a) were subsection (a) applicable to such employee.
    (c) For the purposes of this section, the rates payable to an 
employee who is covered by this section and who is paid from a schedule 
not in existence on September 30, 2008, shall be determined under 
regulations prescribed by the Office of Personnel Management.
    (d) Notwithstanding any other provision of law, rates of premium 
pay for employees subject to this section may not be changed from the 
rates in effect on September 30, 2008, except to the extent determined 
by the Office of Personnel Management to be consistent with the purpose 
of this section.
    (e) This section shall apply with respect to pay for service 
performed after September 30, 2008.
    (f) For the purpose of administering any provision of law 
(including any rule or regulation that provides premium pay, 
retirement, life insurance, or any other employee benefit) that 
requires any deduction or contribution, or that imposes any requirement 
or limitation on the basis of a rate of salary or basic pay, the rate 
of salary or basic pay payable after the application of this section 
shall be treated as the rate of salary or basic pay.
    (g) Nothing in this section shall be considered to permit or 
require the payment to any employee covered by this section at a rate 
in excess of the rate that would be payable were this section not in 
effect.
    (h) The Office of Personnel Management may provide for exceptions 
to the limitations imposed by this section if the Office determines 
that such exceptions are necessary to ensure the recruitment or 
retention of qualified employees.
    Sec. 711.  During the period in which the head of any department or 
agency, or any other officer or civilian employee of the Federal 
Government appointed by the President of the United States, holds 
office, no funds may be obligated or expended in excess of $5,000 to 
furnish or redecorate the office of such department head, agency head, 
officer, or employee, or to purchase furniture or make improvements for 
any such office, unless advance notice of such furnishing or 
redecoration is transmitted to the Committees on Appropriations of the 
House of Representatives and the Senate. For the purposes of this 
section, the term ``office'' shall include the entire suite of offices 
assigned to the individual, as well as any other space used primarily 
by the individual or the use of which is directly controlled by the 
individual.
    Sec. 712.  Notwithstanding section 1346 of title 31, United States 
Code, or section 708 of this Act, funds made available for the current 
fiscal year by this or any other Act shall be available for the 
interagency funding of national security and emergency preparedness 
telecommunications initiatives which benefit multiple Federal 
departments, agencies, or entities, as provided by Executive Order No. 
12472 (April 3, 1984).
    Sec. 713. (a) None of the funds appropriated by this or any other 
Act may be obligated or expended by any Federal department, agency, or 
other instrumentality for the salaries or expenses of any employee 
appointed to a position of a confidential or policy-determining 
character excepted from the competitive service pursuant to section 
3302 of title 5, United States Code, without a certification to the 
Office of Personnel Management from the head of the Federal department, 
agency, or other instrumentality employing the Schedule C appointee 
that the Schedule C position was not created solely or primarily in 
order to detail the employee to the White House.
    (b) The provisions of this section shall not apply to Federal 
employees or members of the armed forces detailed to or from--
            (1) the Central Intelligence Agency;
            (2) the National Security Agency;
            (3) the Defense Intelligence Agency;
            (4) the National Geospatial-Intelligence Agency;
            (5) the offices within the Department of Defense for the 
        collection of specialized national foreign intelligence through 
        reconnaissance programs;
            (6) the Bureau of Intelligence and Research of the 
        Department of State;
            (7) any agency, office, or unit of the Army, Navy, Air 
        Force, and Marine Corps, the Department of Homeland Security, 
        the Federal Bureau of Investigation and the Drug Enforcement 
        Administration of the Department of Justice, the Department of 
        Transportation, the Department of the Treasury, and the 
        Department of Energy performing intelligence functions; and
            (8) the Director of National Intelligence or the Office of 
        the Director of National Intelligence.
    Sec. 714.  No part of any appropriation contained in this or any 
other Act shall be available for the payment of the salary of any 
officer or employee of the Federal Government, who--
            (1) prohibits or prevents, or attempts or threatens to 
        prohibit or prevent, any other officer or employee of the 
        Federal Government from having any direct oral or written 
        communication or contact with any Member, committee, or 
        subcommittee of the Congress in connection with any matter 
        pertaining to the employment of such other officer or employee 
        or pertaining to the department or agency of such other officer 
        or employee in any way, irrespective of whether such 
        communication or contact is at the initiative of such other 
        officer or employee or in response to the request or inquiry of 
        such Member, committee, or subcommittee; or
            (2) removes, suspends from duty without pay, demotes, 
        reduces in rank, seniority, status, pay, or performance or 
        efficiency rating, denies promotion to, relocates, reassigns, 
        transfers, disciplines, or discriminates in regard to any 
        employment right, entitlement, or benefit, or any term or 
        condition of employment of, any other officer or employee of 
        the Federal Government, or attempts or threatens to commit any 
        of the foregoing actions with respect to such other officer or 
        employee, by reason of any communication or contact of such 
        other officer or employee with any Member, committee, or 
        subcommittee of the Congress as described in paragraph (1).
    Sec. 715. (a) None of the funds made available in this or any other 
Act may be obligated or expended for any employee training that--
            (1) does not meet identified needs for knowledge, skills, 
        and abilities bearing directly upon the performance of official 
        duties;
            (2) contains elements likely to induce high levels of 
        emotional response or psychological stress in some 
        participants;
            (3) does not require prior employee notification of the 
        content and methods to be used in the training and written end 
        of course evaluation;
            (4) contains any methods or content associated with 
        religious or quasi-religious belief systems or ``new age'' 
        belief systems as defined in Equal Employment Opportunity 
        Commission Notice N-915.022, dated September 2, 1988; or
            (5) is offensive to, or designed to change, participants' 
        personal values or lifestyle outside the workplace.
    (b) Nothing in this section shall prohibit, restrict, or otherwise 
preclude an agency from conducting training bearing directly upon the 
performance of official duties.
    Sec. 716.  No funds appropriated in this or any other Act may be 
used to implement or enforce the agreements in Standard Forms 312 and 
4414 of the Government or any other nondisclosure policy, form, or 
agreement if such policy, form, or agreement does not contain the 
following provisions: ``These restrictions are consistent with and do 
not supersede, conflict with, or otherwise alter the employee 
obligations, rights, or liabilities created by Executive Order No. 
12958; section 7211 of title 5, United States Code (governing 
disclosures to Congress); section 1034 of title 10, United States Code, 
as amended by the Military Whistleblower Protection Act (governing 
disclosure to Congress by members of the military); section 2302(b)(8) 
of title 5, United States Code, as amended by the Whistleblower 
Protection Act of 1989 (governing disclosures of illegality, waste, 
fraud, abuse or public health or safety threats); the Intelligence 
Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing 
disclosures that could expose confidential Government agents); and the 
statutes which protect against disclosure that may compromise the 
national security, including sections 641, 793, 794, 798, and 952 of 
title 18, United States Code, and section 4(b) of the Subversive 
Activities Act of 1950 (50 U.S.C. 783(b)). The definitions, 
requirements, obligations, rights, sanctions, and liabilities created 
by said Executive order and listed statutes are incorporated into this 
agreement and are controlling.'': Provided, That notwithstanding the 
preceding paragraph, a nondisclosure policy form or agreement that is 
to be executed by a person connected with the conduct of an 
intelligence or intelligence-related activity, other than an employee 
or officer of the United States Government, may contain provisions 
appropriate to the particular activity for which such document is to be 
used. Such form or agreement shall, at a minimum, require that the 
person will not disclose any classified information received in the 
course of such activity unless specifically authorized to do so by the 
United States Government. Such nondisclosure forms shall also make it 
clear that they do not bar disclosures to Congress, or to an authorized 
official of an executive agency or the Department of Justice, that are 
essential to reporting a substantial violation of law.
    Sec. 717.  No part of any funds appropriated in this or any other 
Act shall be used by an agency of the executive branch, other than for 
normal and recognized executive-legislative relationships, for 
publicity or propaganda purposes, and for the preparation, distribution 
or use of any kit, pamphlet, booklet, publication, radio, television, 
or film presentation designed to support or defeat legislation pending 
before the Congress, except in presentation to the Congress itself.
    Sec. 718.  None of the funds appropriated by this or any other Act 
may be used by an agency to provide a Federal employee's home address 
to any labor organization except when the employee has authorized such 
disclosure or when such disclosure has been ordered by a court of 
competent jurisdiction.
    Sec. 719.  None of the funds made available in this Act or any 
other Act may be used to provide any non-public information such as 
mailing or telephone lists to any person or any organization outside of 
the Federal Government without the approval of the Committees on 
Appropriations of the House of Representatives and the Senate.
    Sec. 720.  No part of any appropriation contained in this or any 
other Act shall be used directly or indirectly, including by private 
contractor, for publicity or propaganda purposes within the United 
States not heretofor authorized by the Congress.
    Sec. 721. (a) In this section, the term ``agency''--
            (1) means an Executive agency, as defined under section 105 
        of title 5, United States Code;
            (2) includes a military department, as defined under 
        section 102 of such title, the Postal Service, and the Postal 
        Regulatory Commission; and
            (3) shall not include the Government Accountability Office.
    (b) Unless authorized in accordance with law or regulations to use 
such time for other purposes, an employee of an agency shall use 
official time in an honest effort to perform official duties. An 
employee not under a leave system, including a Presidential appointee 
exempted under section 6301(2) of title 5, United States Code, has an 
obligation to expend an honest effort and a reasonable proportion of 
such employee's time in the performance of official duties.
    Sec. 722.  Notwithstanding 31 U.S.C. 1346 and section 708 of this 
Act, funds made available for the current fiscal year by this or any 
other Act to any department or agency, which is a member of the Federal 
Accounting Standards Advisory Board (FASAB), shall be available to 
finance an appropriate share of FASAB administrative costs.

                          (transfer of funds)

    Sec. 723.  Notwithstanding 31 U.S.C. 1346 and section 708 of this 
Act, the head of each Executive department and agency is hereby 
authorized to transfer to or reimburse ``General Services 
Administration, Government-wide Policy'' with the approval of the 
Director of the Office of Management and Budget, funds made available 
for the current fiscal year by this or any other Act, including rebates 
from charge card and other contracts: Provided, That these funds shall 
be administered by the Administrator of General Services to support 
Government-wide financial, information technology, procurement, and 
other management innovations, initiatives, and activities, as approved 
by the Director of the Office of Management and Budget, in consultation 
with the appropriate interagency groups designated by the Director 
(including the President's Management Council for overall management 
improvement initiatives, the Chief Financial Officers Council for 
financial management initiatives, the Chief Information Officers 
Council for information technology initiatives, the Chief Human Capital 
Officers Council for human capital initiatives, and the Chief 
Acquisition Officers Council for procurement initiatives): Provided 
further, That the total funds transferred or reimbursed shall not 
exceed $11,700,000: Provided further, That such transfers or 
reimbursements may only be made after 15 days following notification of 
the Committees on Appropriations by the Director of the Office of 
Management and Budget.
    Sec. 724.  Notwithstanding any other provision of law, a woman may 
breastfeed her child at any location in a Federal building or on 
Federal property, if the woman and her child are otherwise authorized 
to be present at the location.
    Sec. 725.  Notwithstanding section 1346 of title 31, United States 
Code, or section 708 of this Act, funds made available for the current 
fiscal year by this or any other Act shall be available for the 
interagency funding of specific projects, workshops, studies, and 
similar efforts to carry out the purposes of the National Science and 
Technology Council (authorized by Executive Order No. 12881), which 
benefit multiple Federal departments, agencies, or entities: Provided, 
That the Office of Management and Budget shall provide a report 
describing the budget of and resources connected with the National 
Science and Technology Council to the Committees on Appropriations, the 
House Committee on Science and Technology, and the Senate Committee on 
Commerce, Science, and Transportation 90 days after enactment of this 
Act.
    Sec. 726.  Any request for proposals, solicitation, grant 
application, form, notification, press release, or other publications 
involving the distribution of Federal funds shall indicate the agency 
providing the funds, the Catalog of Federal Domestic Assistance Number, 
as applicable, and the amount provided: Provided, That this provision 
shall apply to direct payments, formula funds, and grants received by a 
State receiving Federal funds.
    Sec. 727. (a) Prohibition of Federal Agency Monitoring of 
Individuals' Internet Use.--None of the funds made available in this or 
any other Act may be used by any Federal agency--
            (1) to collect, review, or create any aggregation of data, 
        derived from any means, that includes any personally 
        identifiable information relating to an individual's access to 
        or use of any Federal Government Internet site of the agency; 
        or
            (2) to enter into any agreement with a third party 
        (including another government agency) to collect, review, or 
        obtain any aggregation of data, derived from any means, that 
        includes any personally identifiable information relating to an 
        individual's access to or use of any nongovernmental Internet 
        site.
    (b) Exceptions.--The limitations established in subsection (a) 
shall not apply to--
            (1) any record of aggregate data that does not identify 
        particular persons;
            (2) any voluntary submission of personally identifiable 
        information;
            (3) any action taken for law enforcement, regulatory, or 
        supervisory purposes, in accordance with applicable law; or
            (4) any action described in subsection (a)(1) that is a 
        system security action taken by the operator of an Internet 
        site and is necessarily incident to providing the Internet site 
        services or to protecting the rights or property of the 
        provider of the Internet site.
    (c) Definitions.--For the purposes of this section:
            (1) The term ``regulatory'' means agency actions to 
        implement, interpret or enforce authorities provided in law.
            (2) The term ``supervisory'' means examinations of the 
        agency's supervised institutions, including assessing safety 
        and soundness, overall financial condition, management 
        practices and policies and compliance with applicable standards 
        as provided in law.
    Sec. 728. (a) None of the funds appropriated by this Act may be 
used to enter into or renew a contract which includes a provision 
providing prescription drug coverage, except where the contract also 
includes a provision for contraceptive coverage.
    (b) Nothing in this section shall apply to a contract with--
            (1) any of the following religious plans:
                    (A) Personal Care's HMO; and
                    (B) OSF HealthPlans, Inc.; and
            (2) any existing or future plan, if the carrier for the 
        plan objects to such coverage on the basis of religious 
        beliefs.
    (c) In implementing this section, any plan that enters into or 
renews a contract under this section may not subject any individual to 
discrimination on the basis that the individual refuses to prescribe or 
otherwise provide for contraceptives because such activities would be 
contrary to the individual's religious beliefs or moral convictions.
    (d) Nothing in this section shall be construed to require coverage 
of abortion or abortion-related services.
    Sec. 729.  The Congress of the United States recognizes the United 
States Anti-Doping Agency (USADA) as the official anti-doping agency 
for Olympic, Pan American, and Paralympic sport in the United States.
    Sec. 730.  Notwithstanding any other provision of law, funds 
appropriated for official travel by Federal departments and agencies 
may be used by such departments and agencies, if consistent with Office 
of Management and Budget Circular A-126 regarding official travel for 
Government personnel, to participate in the fractional aircraft 
ownership pilot program.
    Sec. 731.  Notwithstanding any other provision of law, none of the 
funds appropriated or made available under this Act or any other 
appropriations Act may be used to implement or enforce restrictions or 
limitations on the Coast Guard Congressional Fellowship Program, or to 
implement the proposed regulations of the Office of Personnel 
Management to add sections 300.311 through 300.316 to part 300 of title 
5 of the Code of Federal Regulations, published in the Federal 
Register, volume 68, number 174, on September 9, 2003 (relating to the 
detail of executive branch employees to the legislative branch).
    Sec. 732.  Notwithstanding any other provision of law, no executive 
branch agency shall purchase, construct, and/or lease any additional 
facilities, except within or contiguous to existing locations, to be 
used for the purpose of conducting Federal law enforcement training 
without the advance approval of the Committees on Appropriations, 
except that the Federal Law Enforcement Training Center is authorized 
to obtain the temporary use of additional facilities by lease, 
contract, or other agreement for training which cannot be accommodated 
in existing Center facilities.
    Sec. 733. (a) For fiscal year 2009, no funds shall be available for 
transfers or reimbursements to the E-Government initiatives sponsored 
by the Office of Management and Budget prior to 15 days following 
submission of a report to the Committees on Appropriations by the 
Director of the Office of Management and Budget and receipt of approval 
to transfer funds by the Committees on Appropriations of the House of 
Representatives and the Senate. This report shall include at a 
minimum--
                    (1) a description of each initiative including but 
                not limited to its objectives, benefits, development 
                status, risks, cost effectiveness (including estimated 
                net costs or savings to the government), and the 
                estimated date of full operational capability;
                    (2) the total development cost of each initiative 
                by fiscal year including costs to date, the estimated 
                costs to complete its development to full operational 
                capability, and estimated annual operations and 
                maintenance costs; and
                    (3) the sources and distribution of funding by 
                fiscal year and by agency and bureau for each 
                initiative including agency contributions to date and 
                estimated future contributions by agency.
    (b) No funds shall be available for obligation or expenditure for 
new E-Government initiatives without the explicit approval of the 
Committees on Appropriations of the House of Representatives and the 
Senate.
    Sec. 734.  Section 739(a)(1) of division D of the Consolidated 
Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 2029) is 
amended by striking ``more than 10''.
    Sec. 735.  Section 739 of division D of the Consolidated 
Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 2030) is 
amended by striking subsection (b) and inserting the following:
    ``(b) Guidelines on Insourcing New and Contracted Out Functions.--
            ``(1) Guidelines required.--(A) The heads of executive 
        agencies subject to the Federal Activities Inventory Reform Act 
        of 1998 (Public Law 105-270; 31 U.S.C. 501 note) shall devise 
        and implement guidelines and procedures to ensure that 
        consideration is given to using, on a regular basis, Federal 
        employees to perform new functions and functions that are 
        performed by contractors and could be performed by Federal 
        employees.
            ``(B) The guidelines and procedures required under 
        subparagraph (A) may not include any specific limitation or 
        restriction on the number of functions or activities that may 
        be converted to performance by Federal employees.
            ``(2) Special consideration for certain functions.--The 
        guidelines and procedures required under paragraph (1) shall 
        provide for special consideration to be given to using Federal 
        employees to perform any function that--
                    ``(A) is performed by a contractor and--
                            ``(i) has been performed by Federal 
                        employees at any time during the previous 10 
                        years;
                            ``(ii) is a function closely associated 
                        with the performance of an inherently 
                        governmental function;
                            ``(iii) has been performed pursuant to a 
                        contract awarded on a non-competitive basis; or
                            ``(iv) has been performed poorly, as 
                        determined by a contracting officer during the 
                        5-year period preceding the date of such 
                        determination, because of excessive costs or 
                        inferior quality; or
                    ``(B) is a new requirement, with particular 
                emphasis given to a new requirement that is similar to 
                a function previously performed by Federal employees or 
                is a function closely associated with the performance 
                of an inherently governmental function.
            ``(3) Exclusion of certain functions from competitions.--
        The head of an executive agency may not conduct a public-
        private competition under Office of Management and Budget 
        Circular A-76 or any other provision of law or regulation 
        before--
                    ``(A) in the case of a new agency function, 
                assigning the performance of the function to Federal 
                employees;
                    ``(B) in the case of any agency function described 
                in paragraph (2), converting the function to 
                performance by Federal employees; or
                    ``(C) in the case of an agency function performed 
                by Federal employees, expanding the scope of the 
                function.
            ``(4) Deadline.--(A) The head of each executive agency 
        shall implement the guidelines and procedures required under 
        this subsection by not later than 120 days after the date of 
        the enactment of this subsection.
            ``(B) Not later than 120 days after the date of the 
        enactment of this subsection, the Government Accountability 
        Office shall submit a report on the implementation of this 
        subsection to the Committees on Appropriations of the House of 
        Representatives and the Senate, the Committee on Oversight and 
        Government Reform of the House of Representatives, and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate.
            ``(5) Definitions.--In this subsection:
                    ``(A) The term `inherently governmental functions' 
                has the meaning given such term in subpart 7.5 of part 
                7 of the Federal Acquisition Regulation.
                    ``(B) The term `functions closely associated with 
                inherently governmental functions' means the functions 
                described in section 7.503(d) of the Federal 
                Acquisition Regulation.
            ``(6) Applicability.--This subsection shall not apply to 
        the Department of Defense.''.
    Sec. 736.  None of the funds appropriated or otherwise made 
available by this or any other Act may be used to begin or announce a 
study or public-private competition regarding the conversion to 
contractor performance of any function performed by Federal employees 
pursuant to Office of Management and Budget Circular A-76 or any other 
administrative regulation, directive, or policy.
    Sec. 737. (a) The adjustment in rates of basic pay for employees 
under the statutory pay systems that takes effect in fiscal year 2009 
under sections 5303 and 5304 of title 5, United States Code, shall be 
an increase of 3.9 percent, and this adjustment shall apply to civilian 
employees in the Department of Homeland Security. Such adjustment shall 
be effective as of the first day of the first applicable pay period 
beginning on or after January 1, 2009.
    (b) Notwithstanding section 710 of this Act, the adjustment in 
rates of basic pay for the statutory pay systems that take place in 
fiscal year 2009 under sections 5344 and 5348 of title 5, United States 
Code, shall be no less than the percentage in subsection (a) as 
employees in the same location whose rates of basic pay are adjusted 
pursuant to the statutory pay systems under section 5303 and 5304 of 
title 5, United States Code. Prevailing rate employees at locations 
where there are no employees whose pay is increased pursuant to 
sections 5303 and 5304 of title 5 and prevailing rate employees 
described in section 5343(a)(5) of title 5 shall be considered to be 
located in the pay locality designated as ``Rest of US'' pursuant to 
section 5304 of title 5 for purposes of this subsection.
    (c) Funds used to carry out this section shall be paid from 
appropriations, which are made to each applicable department or agency 
for salaries and expenses for fiscal year 2009.
    Sec. 738.  Unless otherwise authorized by existing law, none of the 
funds provided in this Act or any other Act may be used by an executive 
branch agency to produce any prepackaged news story intended for 
broadcast or distribution in the United States, unless the story 
includes a clear notification within the text or audio of the 
prepackaged news story that the prepackaged news story was prepared or 
funded by that executive branch agency.
    Sec. 739.  None of the funds made available in this Act may be used 
in contravention of section 552a of title 5, United States Code 
(popularly known as the Privacy Act) and regulations implementing that 
section.
    Sec. 740.  Each executive department and agency shall evaluate the 
creditworthiness of an individual before issuing the individual a 
government travel charge card. Such evaluations for individually-billed 
travel charge cards shall include an assessment of the individual's 
consumer report from a consumer reporting agency as those terms are 
defined in section 603 of the Fair Credit Reporting Act (Public Law 91-
508): Provided, That the department or agency may not issue a 
government travel charge card to an individual that either lacks a 
credit history or is found to have an unsatisfactory credit history as 
a result of this evaluation: Provided further, That this restriction 
shall not preclude issuance of a restricted-use charge, debit, or 
stored value card made in accordance with agency procedures to: (1) an 
individual with an unsatisfactory credit history where such card is 
used to pay travel expenses and the agency determines there is no 
suitable alternative payment mechanism available before issuing the 
card; or (2) an individual who lacks a credit history. Each executive 
department and agency shall establish guidelines and procedures for 
disciplinary actions to be taken against agency personnel for improper, 
fraudulent, or abusive use of government charge cards, which shall 
include appropriate disciplinary actions for use of charge cards for 
purposes, and at establishments, that are inconsistent with the 
official business of the Department or agency or with applicable 
standards of conduct.
    Sec. 741. Crosscut Budget.--(a) Definitions.--For purposes of this 
section the following definitions apply:
            (1) Great lakes.--The terms ``Great Lakes'' and ``Great 
        Lakes State'' have the same meanings as such terms have in 
        section 506 of the Water Resources Development Act of 2000 (42 
        U.S.C. 1962d-22).
            (2) Great lakes restoration activities.--The term ``Great 
        Lakes restoration activities'' means any Federal or State 
        activity primarily or entirely within the Great Lakes watershed 
        that seeks to improve the overall health of the Great Lakes 
        ecosystem.
    (b) Report.--Not later than 45 days after submission of the budget 
of the President to Congress, the Director of the Office of Management 
and Budget, in coordination with the Governor of each Great Lakes State 
and the Great Lakes Interagency Task Force, shall submit to the 
appropriate authorizing and appropriating committees of the Senate and 
the House of Representatives a financial report, certified by the 
Secretary of each agency that has budget authority for Great Lakes 
restoration activities, containing--
            (1) an interagency budget crosscut report that--
                    (A) displays the budget proposed, including any 
                planned interagency or intra-agency transfer, for each 
                of the Federal agencies that carries out Great Lakes 
                restoration activities in the upcoming fiscal year, 
                separately reporting the amount of funding to be 
                provided under existing laws pertaining to the Great 
                Lakes ecosystem; and
                    (B) identifies all expenditures since fiscal year 
                2004 by the Federal Government and State governments 
                for Great Lakes restoration activities;
            (2) a detailed accounting of all funds received and 
        obligated by all Federal agencies and, to the extent available, 
        State agencies using Federal funds, for Great Lakes restoration 
        activities during the current and previous fiscal years;
            (3) a budget for the proposed projects (including a 
        description of the project, authorization level, and project 
        status) to be carried out in the upcoming fiscal year with the 
        Federal portion of funds for activities; and
            (4) a listing of all projects to be undertaken in the 
        upcoming fiscal year with the Federal portion of funds for 
        activities.
    Sec. 742. (a) In General.--None of the funds appropriated or 
otherwise made available by this or any other Act may be used for any 
Federal Government contract with any foreign incorporated entity which 
is treated as an inverted domestic corporation under section 835(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any subsidiary 
of such an entity.
    (b) Waivers.--
            (1) In general.--Any Secretary shall waive subsection (a) 
        with respect to any Federal Government contract under the 
        authority of such Secretary if the Secretary determines that 
        the waiver is required in the interest of national security.
            (2) Report to congress.--Any Secretary issuing a waiver 
        under paragraph (1) shall report such issuance to Congress.
    (c) Exceptions.--This section shall not apply to--
            (1) any Federal Government contract entered into before the 
        date of the enactment of this Act (or any task order issued 
        pursuant to such a contract); or
            (2) any Federal Government contract for articles, materials 
        and supplies that is in compliance with the Buy American Act 
        (41 U.S.C. 10a-10c).
    Sec. 743. (a) Each executive department and agency shall establish 
and maintain on the homepage of its website, an obvious, direct link to 
the website of its respective Inspector General.
    (b) Each Office of Inspector General shall: (1) post on its website 
any public report or audit or portion of any report or audit issued 
within one day of its release; (2) provide a service on its website to 
allow an individual to request automatic receipt of information 
relating to any public report or audit or portion of that report or 
audit and which permits electronic transmittal of the information, or 
notice of the availability of the information without further request; 
and (3) establish and maintain a direct link on its website for 
individuals to anonymously report waste, fraud and abuse.
    Sec. 744.  Notwithstanding any other provision of law, a public or 
private institution of higher education may offer or provide an officer 
or employee of any branch of the United States Government or of the 
District of Columbia, who is a current or former student of such 
institution, financial assistance for the purpose of repaying a student 
loan or forbearance of student loan repayment, and an officer or 
employee of any branch of the United States Government or of the 
District of Columbia may seek or receive such assistance or 
forbearance.
    Sec. 745.  None of the funds made available by this or any other 
Act may be used to implement, administer, enforce, or apply the rule 
entitled ``Competitive Area'' published by the Office of Personnel 
Management in the Federal Register on April 15, 2008 (73 Fed. Reg. 
20180 et seq.).
    Sec. 746.  None of the funds made available by this or any other 
Act may be used to implement, administer, or enforce section 5(b) of 
Executive Order 13422 (72 Fed. Reg. 2763; relating to Regulatory Policy 
Officer).
    Sec. 747.  Executive Order 13423 (72 Fed. Reg. 3919; Jan. 24, 2007) 
shall remain in effect hereafter except as otherwise provided by law 
after the date of the enactment of this Act.
    Sec. 748.  Except as expressly provided otherwise, any reference to 
``this Act'' contained in any title other than title IV or VIII shall 
not apply to such title IV or VIII.

                               TITLE VIII

                GENERAL PROVISIONS--DISTRICT OF COLUMBIA

    Sec. 801.  Whenever in this Act, an amount is specified within an 
appropriation for particular purposes or objects of expenditure, such 
amount, unless otherwise specified, shall be considered as the maximum 
amount that may be expended for said purpose or object rather than an 
amount set apart exclusively therefor.
    Sec. 802.  Appropriations in this Act shall be available for 
expenses of travel and for the payment of dues of organizations 
concerned with the work of the District of Columbia government, when 
authorized by the Mayor, or, in the case of the Council of the District 
of Columbia, funds may be expended with the authorization of the 
Chairman of the Council.
    Sec. 803.  There are appropriated from the applicable funds of the 
District of Columbia such sums as may be necessary for making refunds 
and for the payment of legal settlements or judgments that have been 
entered against the District of Columbia government.
    Sec. 804. (a) None of the Federal funds provided in this Act shall 
be used for publicity or propaganda purposes or implementation of any 
policy including boycott designed to support or defeat legislation 
pending before Congress or any State legislature.
    (b) The District of Columbia may use local funds provided in this 
title to carry out lobbying activities on any matter.
    Sec. 805. (a) None of the funds provided under this Act to the 
agencies funded by this Act, both Federal and District government 
agencies, that remain available for obligation or expenditure in fiscal 
year 2009, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditures 
for an agency through a reprogramming of funds which--
            (1) creates new programs;
            (2) eliminates a program, project, or responsibility 
        center;
            (3) establishes or changes allocations specifically denied, 
        limited or increased under this Act;
            (4) increases funds or personnel by any means for any 
        program, project, or responsibility center for which funds have 
        been denied or restricted;
            (5) reestablishes any program or project previously 
        deferred through reprogramming;
            (6) augments any existing program, project, or 
        responsibility center through a reprogramming of funds in 
        excess of $3,000,000 or 10 percent, whichever is less; or
            (7) increases by 20 percent or more personnel assigned to a 
        specific program, project or responsibility center,
unless in the case of Federal funds, the Committees on Appropriations 
of the House of Representatives and Senate are notified in writing 15 
days in advance of the reprogramming and in the case of local funds, 
the Committees on Appropriations of the House of Representatives and 
Senate are provided summary reports on April 1, 2009 and October 1, 
2009, setting forth detailed information regarding each such local 
funds reprogramming conducted subject to this subsection.
    (b) None of the local funds contained in this Act may be available 
for obligation or expenditure for an agency through a transfer of any 
local funds in excess of $3,000,000 from one appropriation heading to 
another unless the Committees on Appropriations of the House of 
Representatives and Senate are provided summary reports on April 1, 
2009 and October 1, 2009, setting forth detailed information regarding 
each reprogramming conducted subject to this subsection, except that in 
no event may the amount of any funds transferred exceed 4 percent of 
the local funds in the appropriations.
    (c) The District of Columbia government is authorized to approve 
and execute reprogramming and transfer requests of local funds under 
this title through December 1, 2009.
    Sec. 806.  Consistent with the provisions of section 1301(a) of 
title 31, United States Code, appropriations under this Act shall be 
applied only to the objects for which the appropriations were made 
except as otherwise provided by law.
    Sec. 807.  None of the Federal funds made available in this Act may 
be used to implement or enforce the Health Care Benefits Expansion Act 
of 1992 (D.C. Law 9-114; D.C. Official Code, sec. 32-701 et seq.) or to 
otherwise implement or enforce any system of registration of unmarried, 
cohabiting couples, including but not limited to registration for the 
purpose of extending employment, health, or governmental benefits to 
such couples on the same basis that such benefits are extended to 
legally married couples.
    Sec. 808. (a) Section 446B(f) of the District of Columbia Home Rule 
Act (sec. 1-204.46b(f), D.C. Official Code) is amended by striking 
``fiscal years 2006 through 2008'' and inserting ``fiscal year 2006 and 
each succeeding fiscal year''.
    (b) The amendment made by subsection (a) shall take effect as if 
included in the enactment of the 2005 District of Columbia Omnibus 
Authorization Act.
    Sec. 809.  Except as otherwise provided in this section, none of 
the funds made available by this Act or by any other Act may be used to 
provide any officer or employee of the District of Columbia with an 
official vehicle unless the officer or employee uses the vehicle only 
in the performance of the officer's or employee's official duties. For 
purposes of this section, the term ``official duties'' does not include 
travel between the officer's or employee's residence and workplace, 
except in the case of--
            (1) an officer or employee of the Metropolitan Police 
        Department who resides in the District of Columbia or a 
        District of Columbia government employee as may otherwise be 
        designated by the Chief of the Department;
            (2) at the discretion of the Fire Chief, an officer or 
        employee of the District of Columbia Fire and Emergency Medical 
        Services Department who resides in the District of Columbia and 
        is on call 24 hours a day or is otherwise designated by the 
        Fire Chief;
            (3) at the discretion of the Director of the Department of 
        Corrections, an officer or employee of the District of Columbia 
        Department of Corrections who resides in the District of 
        Columbia and is on call 24 hours a day or is otherwise 
        designated by the Director;
            (4) the Mayor of the District of Columbia; and
            (5) the Chairman of the Council of the District of 
        Columbia.
    Sec. 810. (a) None of the Federal funds contained in this Act may 
be used by the District of Columbia Office of Attorney General or any 
other officer or entity of the District government to provide 
assistance for any petition drive or civil action which seeks to 
require Congress to provide for voting representation in Congress for 
the District of Columbia.
    (b) Nothing in this section bars the District of Columbia Office of 
Attorney General from reviewing or commenting on briefs in private 
lawsuits, or from consulting with officials of the District government 
regarding such lawsuits.
    Sec. 811.  None of the Federal funds contained in this Act may be 
used for any program of distributing sterile needles or syringes for 
the hypodermic injection of any illegal drug.
    Sec. 812.  Nothing in this Act may be construed to prevent the 
Council or Mayor of the District of Columbia from addressing the issue 
of the provision of contraceptive coverage by health insurance plans, 
but it is the intent of Congress that any legislation enacted on such 
issue should include a ``conscience clause'' which provides exceptions 
for religious beliefs and moral convictions.
    Sec. 813. (a) No later than 30 calendar days after the date of the 
enactment of this Act, the Chief Financial Officer of the District of 
Columbia shall submit to the appropriate committees of Congress, the 
Mayor, and the Council of the District of Columbia a revised 
appropriated funds operating budget in the format of the budget that 
the District of Columbia government submitted pursuant to section 442 
of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.42), for all agencies of the District of Columbia government for 
fiscal year 2009 that is in the total amount of the approved 
appropriation and that realigns all budgeted data for personal services 
and other-than-personal-services, respectively, with anticipated actual 
expenditures.
    (b) This section shall apply only to an agency where the Chief 
Financial Officer of the District of Columbia certifies that a 
reallocation is required to address unanticipated changes in program 
requirements.
    Sec. 814. (a) Notwithstanding section 615(i)(3)(B) of the 
Individuals With Disabilities Education Act (20 U.S.C. 1415(i)(3)(B)), 
none of the funds contained in this Act or in any other Act making 
appropriations for the government of the District of Columbia for 
fiscal year 2009 or any succeeding fiscal year may be made available--
            (1) to pay the fees of an attorney who represents a party 
        in or defends an IDEA proceeding which was initiated prior to 
        the date of the enactment of this Act in an amount in excess of 
        $4,000 for that proceeding; or
            (2) to pay the fees of an attorney or firm who represents a 
        party in or defends an IDEA proceeding which was initiated 
        prior to the date of the enactment of this Act if the Chief 
        Financial Officer of the District of Columbia determines that 
        the attorney or firm has a pecuniary interest (either directly 
        or through an attorney, officer, or employee of the firm) in 
        any special education diagnostic services or schools or other 
        special education service providers.
    (b) In this section, the term ``IDEA proceeding'' means any action 
or administrative proceeding (including any ensuing or related 
proceedings before a court of competent jurisdiction) brought against 
the District of Columbia Public Schools under the Individuals with 
Disabilities Education Act (20 U.S.C. 1400 et seq.).
    Sec. 815.  In the current fiscal year and thereafter, the amount 
appropriated to the District of Columbia may be increased by no more 
than $100,000,000 from funds identified in the comprehensive annual 
financial report as the District's fiscal year 2008 unexpended general 
fund surplus. The District may obligate and expend these amounts only 
in accordance with the following conditions:
            (1) The Chief Financial Officer of the District of Columbia 
        shall certify that the use of any such amounts is not 
        anticipated to have a negative impact on the District's long-
        term financial, fiscal, and economic vitality.
            (2) The District of Columbia may only use these funds for 
        the following expenditures:
                    (A) One-time expenditures.
                    (B) Expenditures to avoid deficit spending.
                    (C) Debt Reduction.
                    (D) Program needs.
                    (E) Expenditures to avoid revenue shortfalls.
            (3) The amounts shall be obligated and expended in 
        accordance with laws enacted by the Council in support of each 
        such obligation or expenditure.
            (4) The amounts may not be used to fund the agencies of the 
        District of Columbia government under court ordered 
        receivership.
            (5) The amounts may not be obligated or expended unless the 
        Mayor notifies the Committees on Appropriations of the House of 
        Representatives and Senate not fewer than 30 days in advance of 
        the obligation or expenditure.
    Sec. 816. (a) In the current fiscal year and thereafter, to account 
for an unanticipated growth of revenue collections, the amount 
appropriated as District of Columbia Funds pursuant to this Act may be 
increased--
            (1) by an aggregate amount of not more than 25 percent, in 
        the case of amounts proposed to be allocated as ``Other-Type 
        Funds'' in the Fiscal Year 2009 Proposed Budget and Financial 
        Plan submitted to Congress by the District of Columbia; and
            (2) by an aggregate amount of not more than 6 percent, in 
        the case of any other amounts proposed to be allocated in such 
        Proposed Budget and Financial Plan.
    (b) The District of Columbia may obligate and expend any increase 
in the amount of funds authorized under this section only in accordance 
with the following conditions:
            (1) The Chief Financial Officer of the District of Columbia 
        shall certify--
                    (A) the increase in revenue; and
                    (B) that the use of the amounts is not anticipated 
                to have a negative impact on the long-term financial, 
                fiscal, or economic health of the District.
            (2) The amounts shall be obligated and expended in 
        accordance with laws enacted by the Council of the District of 
        Columbia in support of each such obligation and expenditure, 
        consistent with the requirements of this Act.
            (3) The amounts may not be used to fund any agencies of the 
        District government operating under court-ordered receivership.
            (4) The amounts may not be obligated or expended unless the 
        Mayor has notified the Committees on Appropriations of the 
        House of Representatives and Senate not fewer than 30 days in 
        advance of the obligation or expenditure.
    Sec. 817.  In the current fiscal year and thereafter, the Chief 
Financial Officer for the District of Columbia may, for the purpose of 
cash flow management, conduct short-term borrowing from the emergency 
reserve fund and from the contingency reserve fund established under 
section 450A of the District of Columbia Home Rule Act (Public Law 93-
198): Provided, That the amount borrowed shall not exceed 50 percent of 
the total amount of funds contained in both the emergency and 
contingency reserve funds at the time of borrowing: Provided further, 
That the borrowing shall not deplete either fund by more than 50 
percent: Provided further, That 100 percent of the funds borrowed shall 
be replenished within 9 months of the time of the borrowing or by the 
end of the fiscal year, whichever occurs earlier: Provided further, 
That in the event that short-term borrowing has been conducted and the 
emergency or the contingency funds are later depleted below 50 percent 
as a result of an emergency or contingency, an amount equal to the 
amount necessary to restore reserve levels to 50 percent of the total 
amount of funds contained in both the emergency and contingency reserve 
fund must be replenished from the amount borrowed within 60 days.
    Sec. 818. (a) None of the funds contained in this Act may be used 
to enact or carry out any law, rule, or regulation to legalize or 
otherwise reduce penalties associated with the possession, use, or 
distribution of any schedule I substance under the Controlled 
Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols 
derivative.
    (b) The Legalization of Marijuana for Medical Treatment Initiative 
of 1998, also known as Initiative 59, approved by the electors of the 
District of Columbia on November 3, 1998, shall not take effect.
    Sec. 819.  None of the funds appropriated under this Act shall be 
expended for any abortion except where the life of the mother would be 
endangered if the fetus were carried to term or where the pregnancy is 
the result of an act of rape or incest.
    Sec. 820.  Amounts appropriated in this Act as operating funds may 
be transferred to the District of Columbia's enterprise and capital 
funds and such amounts, once transferred shall retain appropriation 
authority consistent with the provisions of this Act.
    Sec. 821. (a) Increase in Hourly Rate for Attorneys Representing 
Indigent Defendents in the District of Columbia Courts.--Section 11-
2604(a), District of Columbia Official Code, is amended by striking 
``$65 per hour'' and inserting ``$90 per hour''.
    (b) Increase in Caps on Total Compensation Paid for Particular 
Cases.--Section 11-2604(b), District of Columbia Official Code, is 
amended to read as follows:
    ``(b) The compensation to be paid to an attorney appointed pursuant 
to this chapter shall not exceed the following maximum amounts:
            ``(1) For representation of a defendant before the Superior 
        Court of the District of Columbia for misdemeanors or felonies, 
        the maximum amount set forth in section 3006A(d)(2) of title 
        18, United States Code, for representation of a defendant 
        before the United States magistrate judge or the district court 
        for misdemeanors or felonies (as the case may be).
            ``(2) For representation of a defendant before the District 
        of Columbia Court of Appeals, the maximum amount set forth in 
        section 3006A(d)(2) of title 18, United States Code, for 
        representation of a defendant in an appellate court.
            ``(3) For representation of a defendant in post-trial 
        matters for misdemeanors or felonies, the amount applicable 
        under paragraph (1) for misdemeanors or felonies (as the case 
        may be).''.
    (c) Special Rule for Compensation of Attorneys in Neglect and 
Termination of Parental Rights Proceedings.--Section 16-2326.01(b), 
District of Columbia Official Code, is amended--
            (1) in paragraph (1), by striking ``$1,600'' and inserting 
        ``$1,980'';
            (2) in paragraph (2), by striking ``$1,600'' and inserting 
        ``$1,980'';
            (3) in paragraph (3), by striking ``$2,200'' and inserting 
        ``$2,700''; and
            (4) in paragraph (4), by striking ``$1,100'' and inserting 
        ``$1,350''.
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to cases and proceedings initiated on or after the 
date of the enactment of this Act.
    Sec. 822.  Except as expressly provided otherwise, any reference to 
``this Act'' contained in this title or in title IV shall be treated as 
referring only to the provisions of this title or of title IV.
     This Act may be cited as the ``Financial Services and General 
Government Appropriations Act, 2009''.
                                                 Union Calendar No. 594

110th CONGRESS

  2d Session

                               H. R. 7323

                          [Report No. 110-920]

_______________________________________________________________________

                                 A BILL

Making appropriations for financial services and general government for 
   the fiscal year ending September 30, 2009, and for other purposes.

_______________________________________________________________________

                           December 10, 2008

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed