[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3260 Placed on Calendar Senate (PCS)]
Calendar No. 877
110th CONGRESS
2d Session
S. 3260
[Report No. 110-417]
Making appropriations for financial services and general government for
the fiscal year ending September 30, 2009, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 14, 2008
Mr. Durbin, from the Committee on Appropriations, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
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, $273,895,000, of which not to exceed $11,097,000 is
for executive direction program activities; not to exceed $10,495,000
is for general counsel program activities; not to exceed $45,853,000 is
for economic policies and programs activities; not to exceed
$34,735,000 is for financial policies and programs activities; not to
exceed $61,712,000 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 $90,994,000 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 5
percent by all such transfers: Provided further, That any change in
funding greater than 5 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
$200,000 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,
$98,900,000; 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: Provided, That of the amount appropriated under this
heading, $2,000,000, to remain available until September 30, 2010, is
for information technology management.
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, $100,000,000, to
remain available until September 30, 2010, of which $8,280,000 shall be
for financial assistance, technical assistance, training and outreach
programs designed to benefit Native American, Native Hawaiian, and
Alaskan Native communities and provided primarily through qualified
community development lender organizations with experience and
expertise in community development banking and lending in Indian
country, Native American organizations, tribes and tribal organizations
and other suitable providers, and up to $14,750,000 may be used for
administrative expenses, including administration of the New Markets
Tax Credit, up to $6,100,000 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, $2,213,350,000, of which not less than
$4,000,000 shall be for the Tax Counseling for the Elderly Program, of
which not less than $9,000,000 shall be available for low-income
taxpayer clinic grants, of which not less than $8,000,000, to remain
available until September 30, 2010, shall be available for a Community
Volunteer Income Tax Assistance matching grants demonstration program
for tax return preparation assistance, and of which not less than
$194,073,500 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 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 the Internal Revenue Service, ``Operations Support''
appropriations 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 operate
and 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; $3,896,650,000, of which $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, $282,175,000, 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. In addition, of the funds made available by this
Act to the Internal Revenue Service, and subject to the same terms and
conditions, $490,000,000 shall be available for enhanced tax law
enforcement.
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 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 House Committee on Financial Services, the Senate Committee on
Banking, Housing, and Urban Affairs, and the Senate Committee on
Appropriations.
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.
Sec. 117. Section 101(e)(1) of the Economic Stimulus Act of 2008 is
amended by inserting:
``(C) Transfer authority.--The Secretary of the
Treasury is authorized to transfer funds provided by
paragraph (1)(A) among the accounts specified in
paragraph (1)(A) to carry out the rebates upon the
advance notification of the Committees on
Appropriations: Provided, That any proposed transfer of
funds greater than $5,000,000 shall be subject to the
advance approval of the Committees on
Appropriations.''.
Sec. 118. Not to exceed $5,000 shall be made available from the
Bureau of Engraving and Printing's Industrial Revolving Fund for
necessary official reception and representation expenses.
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;
$52,499,000.
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,
$5,250,000, of which $1,400,000 shall be available until September 30,
2010 for developing and overseeing implementation of a domestic AIDS
strategy, of which $300,000 shall be available until September 30, 2010
for Symposiums on Faith and Science.
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, $80,172,000, 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 (ONDCP); 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, $27,900,000; of which $1,300,000 shall remain available
until expended for policy research and evaluation: Provided, That of
the funds provided under this heading, $500,000 shall be allocated for
the National Academy of Public Administration to conduct an independent
review of ONDCP's grant-based programs: Provided further, That within 2
months after the date of enactment of this Act, the ONDCP shall
contract with the National Academy of Public Administration for
purposes as described in the previous proviso: Provided further, 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),
$5,000,000, 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 detailed spending plan
for the use of these funds no later than 90 days after 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, $235,000,000,
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
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 ensure the continued operation and
maintenance of the Performance Management System: 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
(ONDCP) shall submit recommendations for approval to the Committees on
Appropriations for both the initial High-Intensity Drug Trafficking
Area (HIDTA) allocation funding within 90 days after the enactment of
this Act and the discretionary HIDTA funding, according to the
framework proposed jointly by the HIDTA Directors and ONDCP, 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 committee approval: Provided further, That at least $500,000
may be available for new counties.
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),
$204,250,000, to remain available until expended, of which the amounts
are available as follows: $100,000,000 to support a national media
campaign, of which $10,000,000 shall be designated for methamphetamine
prevention messages: 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 should continue the corporate outreach
program; $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): Provided further, That, any grantee
seeking a renewal grant (year 2 through 5, or year 7 through 10), that
is determined to be ineligible or not entitled to continuation funding
for any reason, shall be afforded a fair, timely, and independent
appeal prior to the beginning of the subsequent funding year before
being denied a renewal grant; $1,000,000 for the National Drug Court
Institute; $9,600,000 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 $500,000 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.
Presidential Transition Administrative Support
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 House and Senate Committees on
Appropriations, 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 not later than 60 days after the date of the enactment
of this Act, and prior to the initial obligation of funds appropriated
under the heading ``Office of National Drug Control Policy'', a
detailed narrative and 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.
Sec. 203. Not to exceed 2 percent of any appropriations in this Act
made available to the Office of National Drug Control Policy may be
transferred between appropriated programs upon the advance approval of
the Committees on Appropriations: Provided, That no transfer may
increase or decrease any such appropriation by more than 3 percent.
Sec. 204. Not to exceed $1,000,000 of any appropriations in this
Act made available to the Office of National Drug Control Policy may be
reprogrammed within a program, project, or activity upon the advance
approval of the Committees on Appropriations.
Sec. 205. For fiscal year 2009 and thereafter, the Office of
Management and Budget shall use funds provided under the heading
``Office of Management and Budget, Salaries and Expenses'' to pay the
costs for the printing of a sufficient number of paper copies of the
documents associated with the President's annual budget request for
submission to the Congress.
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, $69,776,000,
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, $31,482,000.
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, $19,605,000.
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, $4,832,760,000 (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, $854,204,000, 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), $428,004,000, 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, $25,468,000; 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 that section.
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 by 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) United States magistrate judges.
(2) Bankruptcy judges appointed under chapter 6 of title
28, United States Code.
(3) Judges of the District Court of Guam, judges of the
District Court for the Northern Mariana Islands, and judges of
the District Court of the Virgin Islands.
(4) Bankruptcy judges and magistrate judges retired under
section 377 of title 28, United States Code.
(5) 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 the 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 also
shall have the authority''; and
(2) by striking ``this Act'' and inserting ``this
paragraph''.
Sec. 310. Pursuant to section 140 of Public Law 97-92, and from
funds appropriated in this Act, Justices and judges of the United
States are authorized during fiscal year 2009, to receive a salary
adjustment in accordance with 28 U.S.C. 461.
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 the Senate for these funds showing, by
object class, the expenditures made and the purpose therefor: Provided
further, That not more than 7 percent of the total amount appropriated
for this program may be used for administrative expenses.
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,
$15,400,000, to remain available until expended and in addition any
funds that remain available from prior year appropriations under this
heading for the District of Columbia Government, 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 the
costs of providing support requested by the Director of the United
States Secret Service Division in carrying out their 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 of which $400,000 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,
$251,625,000 to be allocated as follows: for the District of Columbia
Court of Appeals, $13,983,000, of which not to exceed $1,500 is for
official reception and representation expenses; for the District of
Columbia Superior Court, $110,135,000, of which not to exceed $1,500 is
for official reception and representation expenses; for the District of
Columbia Court System, $57,002,000, of which not to exceed $1,500 is
for official reception and representation expenses; and $70,505,000, 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 notwithstanding any other provision of law,
a single contract or related contracts for development and construction
of facilities may be employed which collectively include the full scope
of the project: Provided further, That the solicitation and contract
shall contain the clause ``availability of Funds'' found at 48 CFR
52.232-18: Provided further, 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 $70,505,000 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 $70,505,000 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,
$203,490,000, 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 $148,652,000 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 $2,000,000 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: 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, $16,000,000, 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 50
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, $5,000,000: Provided, That each entity
that receives funding under this heading shall submit a detailed budget
and comprehensive description to the Office of the Chief Financial
Officer of the District of Columbia (CFO) and to the Committees on
Appropriations of the House of Representatives and the Senate no later
than June 1, 2009 on the activities to be carried out with such funds.
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, $20,000,000 to improve public
school education in the District of Columbia; for the State Education
Office, $20,000,000 to expand quality public charter schools in the
District of Columbia, to remain available until expended; for the
Secretary of the Department of Education, $14,000,000 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:
Provided, That none of the funds provided in this Act or any other Act
for opportunity scholarships may be used by an eligible student to
enroll in a participating school under the D.C. School Choice Incentive
Act of 2003 unless (1) the participating school has and maintains a
valid certificate of occupancy issued by the District of Columbia; and
(2) the core subject matter teachers of the eligible student hold 4-
year bachelor's degrees: Provided further, That use of any funds in
this Act or any other Act for opportunity scholarships after school
year 2009-2010 shall only be available upon enactment of
reauthorization of that program by Congress and the adoption of
legislation by the District of Columbia approving such reauthorization.
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 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 President and the
Committees on Appropriations of the House of Representatives and the
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 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.
federal payment to the executive office of the mayor of the district of
columbia
For a Federal payment to the Executive Office of the Mayor of the
District of Columbia to enhance the quality of life for District
residents, $3,500,000, of which $1,250,000 shall be available as
Federal matching funds to temporarily continue benefits for low-income
couples who decide to marry, and $2,250,000 of which shall be to
continue Marriage Development Accounts in the District of Columbia:
Provided, That no funds shall be expended until the Mayor of the
District of Columbia submits a detailed expenditure plan, including
performance measures, to the Committees on Appropriations of the House
of Representatives and the Senate: Provided further, That the District
submit a preliminary progress report on activities no later than June
1, 2009, and a final report including a detailed description of
outcomes achieved no later than February 1, 2010.
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, $178,774,000 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 9, 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.), as amended by this Act: 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
Christopher Columbus Fellowship Foundation
salaries and expenses
For payment to the Christopher Columbus Fellowship Foundation,
established by section 423 of Public Law 102-281, $1,000,000, to remain
available until expended.
Commodity Futures Trading Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Commodity
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
passenger motor vehicles, and the rental of space (to include multiple
year leases) in the District of Columbia and elsewhere, $157,000,000,
including not to exceed $3,000 for official reception and
representation expenses.
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, $95,000,000: Provided,
That $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, $16,679,000, 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.
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, $341,875,000: Provided, That $341,875,000 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 $0: Provided further, That any
offsetting collections received in excess of $341,875,000 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.
administrative provisions--federal communications commission
Sec. 501. Section 302 of the Universal Service Antideficiency
Temporary Suspension Act is amended by striking ``December 31, 2008'',
each place it appears and inserting ``December 31, 2009''.
Sec. 502. None of the funds appropriated by this Act may be used by
the Federal Communications Commission to modify, amend, or change its
rules or regulations for universal service support payments to
implement the February 27, 2004 recommendations of the Federal-State
Joint Board on Universal Service regarding single connection or primary
line restrictions on universal service support payments.
Sec. 503. Of the funds provided, not less than $3,000,000 shall be
available to establish and administer a State Broadband Data and
Development matching grants program for State-level broadband demand
aggregation activities and creation of geographic inventory maps of
broadband service to identify gaps in service and provide a baseline
assessment of statewide broadband deployment.
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, $256,200,000, 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 $168,000,000
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 $19,300,000 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 $68,900,000: 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, $671,872,000. Amounts in the Fund, including 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
$8,524,445,000, of which: (1) $766,991,000 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:
Alabama:
Tuscaloosa Federal Building, $25,000,000.
California:
San Diego, United States Courthouse Annex,
$110,362,000.
San Ysidro, Land Port of Entry,
$58,910,000.
Colorado:
Lakewood, Denver Federal Center
Remediation, $10,472,000.
District of Columbia:
DHS Consolidation and development of St.
Elizabeths Campus, $331,390,000.
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, $200,404,000.
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: Provided further, That for fiscal year 2010 and thereafter,
the annual budget submission of the General Services Administration
shall include a detailed 5-year plan for Federal building construction
projects with a yearly update of total projected future funding needs:
Provided further, That for fiscal year 2010 and thereafter, the annual
budget submission of the General Services Administration shall, in
consultation with U.S. Customs and Border Patrol, include a detailed 5-
year plan for Federal land port-of-entry projects with a yearly update
of total projected future funding needs; (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) $4,692,156,000 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 the Federal Property and Administrative Services Act of 1949 (40
U.S.C. 592(b)(2)) 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 210(f)(6) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 592(b)(2))
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; $54,578,000.
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,
$69,349,000.
office of inspector general
For necessary expenses of the Office of Inspector General and
service authorized by 5 U.S.C. 3109, $54,000,000: 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.
electronic government fund
(including transfer of funds)
For necessary expenses in support of interagency projects that
enable the Federal Government to expand its ability to conduct
activities electronically, through the development and implementation
of innovative uses of the Internet and other electronic methods,
$1,000,000, to remain available until expended: Provided, That these
funds may be transferred to Federal agencies to carry out the purposes
of the Fund: Provided further, That this transfer authority shall be in
addition to any other transfer authority provided in this Act: Provided
further, That such transfers may not be made until 10 days after a
proposed spending plan and explanation for each project to be
undertaken has been submitted to the Committees on Appropriations.
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, $36,558,000, 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. 510. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 511. 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. 512. Except as otherwise provided in this title, funds made
available by this Act shall be used to transmit a fiscal year 2010
request for United States Courthouse construction only if the request:
(1) meets 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; (2) reflects the priorities of the Judicial Conference of the
United States as set out in its approved 5-year construction plan; and
(3) includes a standardized courtroom utilization study of each
facility to be constructed, replaced, or expanded.
Sec. 513. 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. 514. 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. 515. Subsections (a) and (b)(1) of section 323 of title 40,
United States Code, are amended by striking ``Consumer Information
Center'' and inserting ``Federal Citizen Services''; subsection (a) is
further amended by striking ``consumer''.
Sec. 516. In furtherance of the emergency management strategy set
forth by the Department of Homeland Security's National Response
Framework, the Administrator may provide for the use of the Federal
supply schedules of the General Services Administration by
nongovernmental organizations referenced in the National Response
Framework. Purchases under this authority shall be limited to use in
preparation for, response to, and recovery from an emergency incident
contemplated in the National Response Framework.
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, $2,000,000, 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, $330,883,000.
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, 2010: 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, $33,211,000, to remain
available until expended: Provided, That the Archivist is authorized to
construct an addition to the John F. Kennedy Presidential Library and
Museum; and of the funds provided, $22,000,000 shall be available for
construction costs and related services for building the addition to
the John F. Kennedy Presidential Library and Museum and other necessary
expenses, including renovating the Library as needed in constructing
the addition; and $2,000,000 is for the repair and restoration of the
plaza that surrounds the Lyndon Baines Johnson Presidential Library and
Museum that is under the joint control and custody of the University of
Texas: Provided further, That such funds shall remain available until
expended for this purpose and may be transferred directly to the
University and used, together with University funds, for the repair and
restoration of the plaza: Provided further, That such funds shall be
spent in accordance with the construction plan submitted to the
Committees on Appropriations on March 14, 2005: Provided further, That
the Archivist shall be prohibited from entering into any agreement with
the University or any other party that requires additional funding
commitments on behalf of the Federal Government for this project:
Provided further, That hereafter, no further Federal funding shall be
provided for this plaza project.
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, $10,500,000,
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.
administrative provision--national archives and records administration
Hereafter, the National Archives and Records Administration shall
include in its annual budget submission a comprehensive capital needs
assessment for funding provided under the ``Repairs and Restoration''
appropriations account to be updated yearly: Provided, That funds
proposed under the ``Repairs and Restoration'' appropriations account
for each fiscal year shall be allocated to projects on a priority basis
established under a comprehensive capital needs assessment.
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:
Provided further, That within the funds provided, the Office of
Personnel Management shall carry out the Intergovernmental Personnel
Act Mobility Program, with special attention to Federal agencies
employing more than 2,000 nurses: Provided further, That funding may be
allocated to develop guidelines that provide Federal agencies direction
in using their authority under the Intergovernmental Personnel Act
Mobility Program, according to the directives outlined in the
accompanying report.
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, $2,136,000, and in addition, not to exceed $20,428,000
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), as amended,
$2,000,000.
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, $938,000,000, 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 $890,000,000 of such offsetting collections
shall be available until expended for necessary expenses of this
account: Provided further, That $48,000,000 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, $447,250,000: 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 $1,000,000
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 $1,000,000 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: Provided further, That $69,451,000,
to remain available until September 30, 2010, shall be for initiatives
related to small business development and entrepreneurship, including
programmatic and construction activities, of which $250,000 shall be
for the Adelante Development Center for its ACCENT School-to-Work
Transition Program, Albuquerque, New Mexico; $1,100,000 shall be for
the Alaska Manufacturing Extension Partnership, Inc., for a rural
Alaska e-commerce training project, Anchorage, Alaska; $245,000 shall
be for the Albuquerque Hispano Chamber of Commerce workforce training,
Albuquerque, New Mexico; $600,000 shall be for the Alcorn State
University for a Systems Research Institute, Alcorn State, Mississippi;
$750,000 shall be for the Appalachian State University to study the
effects of economic growth resulting from viticulture and agritourism
in western North Carolina, Boone, North Carolina; $145,000 shall be for
the Association of Vermont Credit Unions, Student financial literacy,
Burlington, Vermont; $3,500,000 shall be for the Business and
infrastructure development, Mingo County Redevelopment Authority,
Williamson, West Virginia; $520,000 shall be for the Business
incubator, Arkansas Biosciences Institute, Arkansas State University;
$245,000 shall be for the Cedarbridge small business incubator,
Lakewood, New Jersey; $300,000 shall be for the Center for Economic
Growth, Watervliet Innovation Center, Albany, New York; $225,000 shall
be for the City of Baton Rouge, Louisiana, Small business investment
initiative for technical assistance to business enterprises; $100,000
shall be for the City of San Diego, California, One-stop small business
resource center; $245,000 shall be for the Colorado Enterprise Fund for
operating expenses and technical assistance to borrowers, Denver,
Colorado; $250,000 shall be for the Colorado State University
Sustainable Biofuels Development Center, Fort Collins, Colorado;
$250,000 shall be for the Community Links Hawaii for planning and
development of Oahu Technology and Innovation Park, Oahu, Hawaii;
$100,000 shall be for the E4 Entrepreneurship for immigrants,
minorities, women, and people with disabilities in southwest King
County, Washington; $200,000 shall be for the Eastern Washington
University, Accelerating economic development in rural, underserved
communities of NE Washington; $640,000 shall be for the Economic
development assistance for Wells, Nevada; $245,000 shall be for the
Economic Development for Central Oregon, Bend Venture Catalyst, Bend,
Oregon; $100,000 shall be for the Economic Development Training
Program, Camden, New Jersey; $350,000 shall be for the Entrepreneurial
Development Center business accelerator, Cedar Rapids, Iowa; $500,000
shall be for the First responder education initiative, Benedictine
University, Lisle, Illinois; $245,000 shall be for the Florida
Institute of Technology, Florida Advanced Combustion Center; $250,000
shall be for the Grambling State University, Expanding Minority
Entrepreneurship Regionally Across the Louisiana Delta [EMERALD]
program; $450,000 shall be for the Grays Harbor sustainable industries
research and development facility and incubator, Port of Grays Harbor,
Aberdeen, Washington; $450,000 shall be for the Grow Inglewood, small
business development, Inglewood, California; $245,000 shall be for the
Indiana University, Indiana innovation incubator, Bloomington, Indiana;
$225,500 shall be for the International Trade Compliance in Agra-
Business, Wichita, Kansas; $310,000 shall be for the Jackie Joyner-
Kersee Center for job training and placement services, East St. Louis,
Illinois; $600,000 shall be for the Jackson State University for Lynch
Street Corridor Redevelopment, Jackson, Mississippi; $550,000 shall be
for the Kansas Bioscience Authority for the Kansas Small Business
Biobased Polymer Initiative, Olathe, Kansas; $300,000 shall be for the
Kansas Farm Bureau for the Kansas Hometown Prosperity Alliance,
Manhattan, Kansas; $400,000 shall be for the Macomb County business
accelerator, Macomb County, Michigan; $260,000 shall be for the
Massachusetts Technology Collaborative Renewable Energy Economic
Development Center, Boston, Massachusetts; $500,000 shall be for the
Mississippi Biotechnology Association for a Feasibility Study and
Capacity Building, Jackson, Mississippi; $600,000 shall be for the
Mississippi State University for Convergence of Scientists and
Entrepreneurs to Expedite Commercialization (SCEEC), Starkville,
Mississippi; $600,000 shall be for the Mississippi Technology Alliance
for the Center for Innovation and Entrepreneurial Services, Jackson,
Mississippi; $1,000,000 shall be for the Missouri Western State
University for the Biotechnology Mobile Workforce Development Center,
St. Joseph, Missouri; $520,000 shall be for the Montana Department of
Commerce, for technical assistance and operating expenses of the Native
American and WIRED program; $500,000 shall be for the Montgomery County
Action Council for the development of economic growth and the
recruitment of small businesses, Independence, Kansas; $1,000,000 shall
be for the Myrtle Beach International Trade & Convention Center, Myrtle
Beach, South Carolina; $500,000 shall be for the National Center for
Aviation Training for a Technical Education and Training, Wichita,
Kansas; $300,000 shall be for the Native Hawaiian Organizations
Association, Entrepreneurial Development & Government Procurement
Center, Honolulu, Hawaii; $300,000 shall be for the Nebraska Community
Foundation, HomeTown Competitiveness, Lincoln, Nebraska; $520,000 shall
be for the New Castle County Chamber of Commerce, Emerging Enterprise
Center, business incubator, Delaware; $375,000 shall be for the North
Dakota State College of Science, Nanotechnology Applied Science
Laboratory; $300,000 shall be for the Northern Community Development
Corporation, Northeast Kingdom (NEK) wireless LINC, Vermont; $2,000,000
shall be for the Northern Kentucky University's College of Informatics,
Highland Heights, Kentucky; $245,000 shall be for the Ohio University,
Economic Development through Entrepreneurship in Appalachia [EDEA];
$700,000 shall be for the Pellissippi Research Centre on the Oak Ridge
Corridor, Alcoa, Tennessee; $245,000 shall be for the Pittsburgh Life
Sciences Greenhouse, Tech Belt Biosciences Initiative, Pittsburgh,
Pennsylvania; $100,000 shall be for the ReCycle North, Green-collar
enterprise program, Burlington, Vermont; $350,000 shall be for the
Rhode Island Rural Development Council and Farm Fresh Rhode Island, for
Rhode Island small business development; $250,000 shall be for the
Rural Economic Area Partnership [REAP] Zones, Rugby, North Dakota;
$500,000 shall be for the Rural Enterprise Institute's Native American
Rural Business and Resource Center at Eastern Oklahoma State College,
Wilburton, Oklahoma; $500,000 shall be for the Safer Foundation for
transitional employment placement, Chicago, Illinois; $375,000 shall be
for the Small Business and Economic Opportunity Office, Essex County,
New Jersey; $245,000 shall be for the Small business green development,
City of East Providence, Rhode Island; $100,000 shall be for the Small
business trade assistance office, Prince George's County, Maryland;
$475,000 shall be for the South Dakota State University, technology-
based economic development; $500,000 shall be for the Southern Illinois
University for the Southern Research Park, Carbondale, Illinois;
$700,000 shall be for the Southwestern Pennsylvania Advanced Robotics
Business Accelerator, Pittsburgh, Pennsylvania; $500,000 shall be for
the St. Leo Residence for Veterans for job training, Catholic
Charities, Chicago, Illinois; $175,000 shall be for the TechTown Small
Business Clinic, Wayne State Law School; $120,000 shall be for the
University of Connecticut Avery Point, business incubator, Groton,
Connecticut; $325,000 shall be for the University of Connecticut Health
Center business incubator, Farmington, Connecticut; $450,000 shall be
for the University of Kansas for Equipment for Pharmaceutical Small
Business Development, Kansas City, Kansas; $700,000 shall be for the
University of Kansas Hospital for Medical Faculty Small Business
Development, Kansas City, Kansas; $450,000 shall be for the University
of Maryland--Baltimore BioPark; $260,000 shall be for the University of
Massachusetts Dartmouth, Advanced Technical and Manufacturing Center
business incubator, Fall River, Massachusetts; $600,000 shall be for
the University of Southern Mississippi for Early Stage Entrepreneur
Development, Hattiesburg, Mississippi; $300,000 shall be for the
University of Wisconsin-Milwaukee, University-industry partnership to
foster rapid development of businesses in water industries; $500,000
shall be for the University Technology Park, Illinois Institute of
Technology, Chicago, Illinois; $250,000 shall be for the Virginia's
Center for Innovative Technology, Mine safety technology and
communication improvements, Herndon, Virginia; $250,000 shall be for
the Washington Hancock Community Agency for a Microbusiness Assistance
Program, Milbridge, Maine; and $400,000 shall be for the World Trade
Center Utah Partnership Initiative, Salt Lake City, Utah.
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,
$15,500,000.
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: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That 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
transferred to and merged with the 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 transferred to and merged with the appropriations
for Salaries and Expenses; and of which $9,000,000 is for indirect
administrative expenses, which may be transferred to and merged with
the appropriations for Salaries and Expenses.
administrative provisions--small business administration
(including transfer of funds)
Sec. 520. 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 610 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
Sec. 521. All disaster loans issued in Alaska or North Dakota shall
be administered by the Small Business Administration and shall not be
sold during fiscal year 2009.
Sec. 522. None of the funds made available under this Act may be
used by the Small Business Administration to implement the proposed
rule relating to women-owned small business Federal contract assistance
procedures published in the Federal Register on December 27, 2007 (72
Fed. Reg. 73285 et seq.).
Sec. 523. Of the amount made available under the heading ``State
and Tribal Assistance Grants'' under title II of division F of the
Consolidated Appropriations Act, 2008 (Public Law 110-161; 121 Stat.
2125), $2,953,000 is transferred to the ``Salaries and Expenses''
account of the Small Business Administration. The amount transferred
under this section shall be available for use under the terms and
conditions otherwise applicable to amounts appropriated for the
``Salaries and Expenses'' account of the Small Business Administration
and shall remain available until expended.
Harry S. Truman Scholarship Foundation
salaries and expenses
For payment to the Harry S. Truman Scholarship Foundation Trust
Fund, established by section 10 of Public Law 93-642, $500,000, to
remain available until expended: Provided, That hereafter, all requests
of the Board of Trustees to the Secretary provided for in this section
shall be binding on the Secretary, including requests for the issuance
at par of special obligations exclusively to the fund as provided for
in section 10(b), which the Secretary shall implement without regard to
the determination related to the public interest required by the last
sentence of that section.
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
salaries and expenses
(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,
$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 of Representatives or the 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
House of Representatives and the Senate Committees on Appropriations:
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. 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. 614. 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 exempt from taxation pursuant to section 501(c)(3) of the
Internal Revenue Code of 1986.
Sec. 615. Section 5112 of title 31, United States Code (as amended
by Public Law 110-161), is amended--
(1) by redesignating the second subsection (r) as
subsection (s), and
(2) by striking ``paragraph (4)'' each place it appears in
subsection (s)(5) (as redesignated by paragraph (1)) and
inserting ``paragraph (3)''.
Sec. 616. Life Insurance For Tax Court Judges Age 65 or Over. (a)
In General.--Section 7472 of title 26 is amended by inserting after the
word ``imposed'' where it appears in the second sentence the following
phrase ``after April 24, 1999, that is incurred''.
(b) Effective Date.--This amendment shall take effect as if
included in the amendment made by section 852 of the Pension Protection
Act of 2006.
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. 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. 619. Section 910(a) of the Trade Sanctions Reform and Export
Enhancement Act of 2000 (22 U.S.C. 7209(a)) is amended to read as
follows:
``(a) Authorization of Travel Relating to Commercial Sales of
Agricultural and Medical Goods.--The Secretary of the Treasury shall
promulgate regulations under which the travel-related transactions
listed in paragraph (c) of section 515.560 of title 31, Code of Federal
Regulations, are authorized by general license for travel to, from, or
within Cuba for the marketing and sale of agricultural and medical
goods pursuant to the provisions of this title.''.
Sec. 620. None of the funds made available in this Act may be used
to administer, implement, or enforce the amendments made to section
515.560 and section 515.561 of title 31, Code of Federal Regulations,
related to travel to visit relatives in Cuba, that were published in
the Federal Register on June 16, 2004.
Sec. 621. Through September 30, 2012, notwithstanding any other
provision of law, 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 the 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 (which for purposes of this paragraph
shall be defined to mean ``real estate brokerage'' and ``property
management'' respectively, as those terms were understood by the
Federal Reserve Board prior to March 11, 2000) 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 paragraph,
``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 Federal
Reserve Board prior to March 11, 2000.
Sec. 622. Christopher Columbus Fellowship Authorization. The
Christopher Columbus Fellowship Act (20 U.S.C. 5701 et seq.) is
amended--
(1) in section 426(a) (20 U.S.C. 5705(a))--
(A) in paragraph (3), by striking ``and'' at the
end;
(B) by redesignating paragraph (4) as paragraph
(5); and
(C) by inserting after paragraph (3) the following:
``(4) amounts appropriated to the Foundation, as authorized
under section 430; and''; and
(2) by adding at the end the following new section:
``SEC. 430. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Foundation, such
sums as may be necessary to carry out this subtitle.''.
Sec. 623. (a) Within 90 days after the date of enactment of this
Act, the Federal Trade Commission shall initiate a rulemaking
proceeding with respect to subprime mortgage loans and nontraditional
mortgage loans in accordance with section 553 of title 5, United States
Code. Any violation of a rule prescribed under this subsection shall be
treated as a violation of a rule under section 18 of the Federal Trade
Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or
practices.
(b)(1) Except as provided in paragraph (6), a State, as parens
patriae, may bring a civil action on behalf of its residents in an
appropriate State or district court of the United States to enforce the
provisions of section 128 of the Truth in Lending Act (15 U.S.C. 1638),
any other provision of the Truth in Lending Act, or any subprime
mortgage loan rule or nontraditional mortgage loan rule promulgated by
the Federal Trade Commission to obtain penalties and relief provided
under such Act or rule whenever the attorney general of the State has
reason to believe that the interests of the residents of the State have
been or are being threatened or adversely affected by a violation of
such Act or rule.
(2) The State shall serve written notice to the Commission of any
civil action under paragraph (1) at least 60 days prior to initiating
such civil action. The notice shall include a copy of the complaint to
be filed to initiate such civil action, except that if it is not
feasible for the State to provide such prior notice, the State shall
provide notice immediately upon instituting such civil action.
(3) Upon receiving the notice required by paragraph (2), the
Commission may intervene in such civil action and upon intervening--
(A) be heard on all matters arising in such civil action;
(B) remove the action to the appropriate United States
district court; and
(C) file petitions for appeal of a decision in such civil
action.
(4) Nothing in this subsection shall prevent the attorney general
of a State from exercising the powers conferred on the attorney general
by the laws of such State to conduct investigations or to administer
oaths or affirmations or to compel the attendance of witnesses or the
production of documentary and other evidence. Nothing in this section
shall prohibit the attorney general of a State, or other authorized
State officer, from proceeding in State or Federal court on the basis
of an alleged violation of any civil or criminal statute of that State.
(5) In a civil action brought under paragraph (1)--
(A) the venue shall be a judicial district in which the
defendant is found, is an inhabitant, or transacts business or
wherever venue is proper under section 1391 of title 28, United
States Code; and
(B) process may be served without regard to the territorial
limits of the district or of the State in which the civil
action is instituted.
(6) Whenever a civil action or an administrative action has been
instituted by or on behalf of the Commission for violation of any
provision of law or rule described in paragraph (1), no State may,
during the pendency of such action instituted by or on behalf of the
Commission, institute a civil action under that paragraph against any
defendant named in the complaint in such action for violation of any
law or rule as alleged in such complaint.
(7) If the attorney general of a State prevails in any civil action
under paragraph (1), the State can recover reasonable costs and
attorney fees from the lender or related party.
(c) Section 129 of the Truth in Lending Act (15 U.S.C. 1639) is
amended by adding at the end the following:
``(m) Civil Penalties in Federal Trade Commission Enforcement
Actions.--For purposes of enforcement by the Federal Trade Commission,
any violation of a regulation issued by the Federal Reserve Board
pursuant to subsection (l)(2) of this section shall be treated as a
violation of a rule promulgated under section 18 of the Federal Trade
Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or
practices.''.
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,
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 expressly approved by 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 of 1989
(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 (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 $17,000,000: 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 House and Senate Committees on Appropriations.
(b) The report in (a) and other required justification materials
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.
(c) 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. Notwithstanding section 1346 of title 31, United States
Code, and section 708 of this Act and any other provision of law, the
head of each appropriate executive department and agency shall transfer
to or reimburse the Federal Aviation Administration, upon the direction
of the Director of the Office of Management and Budget, funds made
available by this or any other Act for the purposes described below,
and shall submit budget requests for such purposes. These funds shall
be administered by the Federal Aviation Administration, in consultation
with the appropriate interagency groups designated by the Director and
shall be used to ensure the uninterrupted, continuous operation of the
Midway Atoll Airfield by the Federal Aviation Administration pursuant
to an operational agreement with the Department of the Interior for the
entirety of fiscal year 2009 and any period thereafter that precedes
the enactment of the Financial Services and General Government
Appropriations Act, 2010. The Director of the Office of Management and
Budget shall mandate the necessary transfers after determining an
equitable allocation between the appropriate executive departments and
agencies of the responsibility for funding the continuous operation of
the Midway Atoll Airfield based on, but not limited to, potential use,
interest in maintaining aviation safety, and applicability to
governmental operations and agency mission. The total funds transferred
or reimbursed shall not exceed $6,000,000 for any 12-month period. Such
sums shall be sufficient to ensure continued operation of the airfield
throughout the period cited above. Funds shall be available for
operation of the airfield or airfield-related capital upgrades. The
Director of the Office of Management and Budget shall notify the
Committees on Appropriations of such transfers or reimbursements within
15 days of this Act. Such transfers or reimbursements shall begin
within 30 days of enactment of this Act.
Sec. 735. Section 739 of division D of the Consolidated
Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 2029) 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 (Public Law
105-270), 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 subsection (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 section by not later than 120 days after the date
of the enactment of this Act.
``(B) Not later than 210 days after the date of the
enactment of this Act, 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 section:
``(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. 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. 737. 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. 738. (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 and shall apply to
civilian employees in the Department of Defense who are represented by
a labor organization as defined in 5 U.S.C. 7103(a)(4). Such adjustment
shall be effective as of the first day of the first applicable pay
period beginning on or after January 1, 2009. Civilian employees in the
Department of Defense who are eligible to be represented by a labor
organization as defined in 5 U.S.C. 7103(a)(4), but are not so
represented, will receive the adjustment provided for in this section
unless the positions are entitled to a pay adjustment under 5 U.S.C.
9902.
(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 U.S.'' 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. 739. 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. 740. 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. 741. 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. 742. 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 30 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. 743. (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) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the enactment of
this Act, or to any task order issued pursuant to such contract.
Sec. 744. (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. 745. (a) None of the funds available under this or any other
Act may be used to carry out a public-private competition or direct
conversion under Office of Management and Budget (OMB) Circular A-76,
or any successor regulation, directive or policy, relating to the Human
Resources Lines of Business initiative until 60 days after the Director
of the Office of Management and Budget submits to the Committees on
Appropriations of the House of Representatives and the Senate a report
on the use of public-private competitions and direct conversion to
contractor performance as part of the Human Resources Lines of Business
initiative.
(b) The report required by this section shall address the
following:
(1) The role, if any, that public-private competitions
under Circular A-76 or direct conversions to contractor
performance are expected to play as part of the Human Resources
Lines of Business initiative.
(2) The expected impact, if any, of the initiative on
employment levels at the Federal agencies involved or across
the Federal Government as a whole.
(3) An estimate of the annual and recurring savings the
initiative is expected to generate and a description of the
methodology used to derive that estimate.
(4) An estimate of the total transition costs attributable
to the initiative.
(5) Guidance for use by agencies in evaluating the benefits
of the initiative and in developing alternative strategies
should expected benefits fail to materialize.
(c) The Director of the Office of Management and Budget shall
provide a copy of the report to the Government Accountability Office at
the same time the report is submitted to the Committees on
Appropriations of the House of Representatives and the Senate. The
Government Accountability Office shall review the report and brief the
Committees on its views concerning the report within 45 days after
receiving the report from the Director.
Sec. 746. No later than 120 days after enactment of this Act, the
Office of Management and Budget shall submit a status report on the
pilot program, established under section 748 of division D of Public
Law 110-161, to develop and implement an inventory to track the cost
and size (in contractor manpower equivalents) of service contracts,
particularly with respect to contracts that have been performed poorly
by a contractor because of excessive costs or inferior quality, as
determined by a contracting officer within the last 5 years, involve
inherently governmental functions, or were undertaken without
competition.
Sec. 747. Notwithstanding 18 U.S.C. 209, a public or private
institution of higher education may offer or provide an officer or
employee of the executive branch of the United States Government, of
any independent agency of the United States, 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, in accordance with a program of
the institution of higher education that is designed to enhance the
recruitment of highly qualified individuals into Government service;
and an officer or employee may seek or receive such assistance or
forbearance permitted by this paragraph.
Sec. 748. Effective after January 20, 2009, and for each fiscal
year thereafter, no part of any appropriation contained in this or any
other Act may be used for the payment of services to any individual for
the filling of any position in an acting capacity if a nomination for
that individual to that position has been submitted to the Senate but
returned to the President under Rule XXXI of the Standing Rules of the
Senate without confirmation.
Sec. 749. 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. 750. Nonreduction in Pay While Federal Employee is Performing
Active Service in the Uniformed Services or National Guard. (a) In
General.--Subchapter IV of chapter 55 of title 5, United States Code,
is amended by adding at the end the following:
``Sec. 5538. Nonreduction in pay while serving in the uniformed
services or National Guard
``(a) An employee who is absent from a position of employment with
the Federal Government in order to perform active duty in the uniformed
services pursuant to a call or order to active duty under a provision
of law referred to in section 101(a)(13)(B) of title 10 shall be
entitled, while serving on active duty, to receive, for each pay period
described in subsection (b), an amount equal to the amount by which--
``(1) the amount of basic pay which would otherwise have
been payable to such employee for such pay period if such
employee's civilian employment with the Government had not been
interrupted by that service, exceeds (if at all)
``(2) the amount of pay and allowances which (as determined
under subsection (d))--
``(A) is payable to such employee for that service;
and
``(B) is allocable to such pay period.
``(b)(1) Amounts under this section shall be payable with respect
to each pay period (which would otherwise apply if the employee's
civilian employment had not been interrupted)--
``(A) during which such employee is entitled to
reemployment rights under chapter 43 of title 38 with respect
to the position from which such employee is absent (as referred
to in subsection (a)); and
``(B) for which such employee does not otherwise receive
basic pay (including by taking any annual, military, or other
paid leave) to which such employee is entitled by virtue of
such employee's civilian employment with the Government.
``(2) For purposes of this section, the period during which an
employee is entitled to reemployment rights under chapter 43 of title
38--
``(A) shall be determined disregarding the provisions of
section 4312(d) of title 38; and
``(B) shall include any period of time specified in section
4312(e) of title 38 within which an employee may report or
apply for employment or reemployment following completion of
service on active duty to which called or ordered as described
in subsection (a).
``(c) Any amount payable under this section to an employee shall be
paid--
``(1) by such employee's employing agency;
``(2) from the appropriation or fund which would be used to
pay the employee if such employee were in a pay status; and
``(3) to the extent practicable, at the same time and in
the same manner as would basic pay if such employee's civilian
employment had not been interrupted.
``(d) The Office of Personnel Management shall, in consultation
with Secretary of Defense, prescribe any regulations necessary to carry
out the preceding provisions of this section.
``(e)(1) The head of each agency referred to in section
2302(a)(2)(C)(ii) shall, in consultation with the Office, prescribe
procedures to ensure that the rights under this section apply to the
employees of such agency.
``(2) The Administrator of the Federal Aviation Administration
shall, in consultation with the Office, prescribe procedures to ensure
that the rights under this section apply to the employees of that
agency.
``(f) For purposes of this section--
``(1) the terms `employee', `Federal Government', and
`uniformed services' have the same respective meanings as given
those terms in section 4303 of title 38;
``(2) the term `employing agency', as used with respect to
an employee entitled to any payments under this section, means
the agency or other entity of the Government (including an
agency referred to in section 2302(a)(2)(C)(ii)) with respect
to which such employee has reemployment rights under chapter 43
of title 38; and
``(3) the term `basic pay' includes any amount payable
under section 5304.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 55 of title 5, United States Code, is amended by inserting
after the item relating to section 5537 the following:
``5538. Nonreduction in pay while serving in the uniformed services or
National Guard.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to pay periods (as described in section 5538(b) of
title 5, United States Code, as amended by this section) beginning on
or after the date of enactment of this Act.
Sec. 751. Each budget justification submitted to Congress for
fiscal year 2010 shall include a section titled ``Administration of
Congressionally Directed Funding'' for each department or agency.
Within such section, the budget justification shall describe the extent
to which the department or agency proposes to provide less than 100
percent funding of congressionally directed projects to congressionally
directed recipients, should the Congress provide such funds.
Information included in this section shall include the percentage the
agency or department proposes to redirect from each congressionally
directed project, purposes such redirected funding would be used for,
and the authority under which such redirected spending would occur. The
absence of congressionally directed funding in a fiscal year 2010
budget proposal shall not exempt any department or agency from
including the information required under this section in its fiscal
year 2010 budget justification.
Sec. 752. 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.
Sec. 753. Not later than 120 days after enactment of this Act, each
executive department and agency shall submit to the Director of the
Office of Management and Budget a report stating the total size of its
workforce, differentiated by number of civilian, military, and contract
workers as of December 31, 2008. Not later than 180 days after
enactment of this Act, the Director of the Office of Management and
Budget shall submit to the Committee a comprehensive statement
delineating the workforce data by individual department and agency, as
well as aggregate totals of civilian, military, and contract workers.
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, activity, 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, activity, 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, activity, 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, activity, or responsibility center,
unless in the case of Federal funds, the Committees on Appropriations
of the House of Representatives and the 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
the 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 the 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: Provided, That this subsection
shall not apply to any reprogramming submitted to the Council within 30
calendar days of the date of the enactment of this Act.
(c) The District of Columbia Government is authorized to approve
and execute reprogramming and transfer requests of local funds under
this title through November 1, 2009: Provided, That any reprogramming
submitted pursuant to this subsection in excess of $1,000,000 shall be
submitted to the Council prior to the close of business on September
30, 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. No later than 30 days after the end of the first quarter
of fiscal year 2009, the Mayor of the District of Columbia shall submit
to the Council of the District of Columbia and the Committees on
Appropriations of the House of Representatives and the Senate the new
fiscal year 2009 revenue estimates as of the end of such quarter. These
estimates shall be used in the budget request for fiscal year 2010. The
officially revised estimates at midyear shall be used for the midyear
report.
Sec. 808. None of the Federal funds provided in this Act may be
used by the District of Columbia to provide for salaries, expenses, or
other costs associated with the offices of United States Senator or
United States Representative under section 4(d) of the District of
Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C.
Law 3-171; D.C. Official Code, sec. 1-123).
Sec. 809. 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. 810. (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. 811. 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
the 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 is
otherwise designated by the Chief of Police;
(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. 812. (a) None of the Federal funds contained in this Act may
be used by the District of Columbia 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 Attorney
General from reviewing or commenting on briefs in private lawsuits, or
from consulting with officials of the District government regarding
such lawsuits.
Sec. 813. 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. 814. None of the funds contained in this Act may be used after
the expiration of the 60-day period that begins on the date of the
enactment of this Act to pay the salary of any chief financial officer
of any office of the District of Columbia government (including any
independent agency of the District of Columbia) who has not filed a
certification with the Mayor and the Chief Financial Officer of the
District of Columbia that the officer understands the duties and
restrictions applicable to the officer and the officer's agency as a
result of this Act (and the amendments made by this Act), including any
duty to prepare a report requested either in the Act or in any of the
reports accompanying the Act and the deadline by which each report must
be submitted: Provided, That the Chief Financial Officer of the
District of Columbia shall provide to the Committees on Appropriations
of the House of Representatives and the Senate by April 1, 2009 and
October 1, 2009, a summary list showing each report, the due date, and
the date submitted to the Committees.
Sec. 815. 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. 816. The Mayor of the District of Columbia shall submit 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 annual reports addressing--
(1) crime, including the homicide rate, implementation of
community policing, the number of police officers on local
beats, and the closing down of open-air drug markets;
(2) access to substance and alcohol abuse treatment,
including the number of treatment slots, the number of people
served, the number of people on waiting lists, and the
effectiveness of treatment programs, the retention rates in
treatment programs, and the recidivism/re-arrest rates for
treatment participants;
(3) management of parolees and pre-trial violent offenders,
including the number of halfway houses escapes and steps taken
to improve monitoring and supervision of halfway house
residents to reduce the number of escapes to be provided in
consultation with the Court Services and Offender Supervision
Agency for the District of Columbia;
(4) education, including access to special education
services and student achievement to be provided in consultation
with the District of Columbia Public Schools and the District
of Columbia public charter schools, repeated grade rates, high
school graduation rates, post-secondary education attendance
rates, and teen pregnancy rates;
(5) improvement in basic District services, including rat
control and abatement;
(6) application for and management of Federal grants,
including the number and type of grants for which the District
was eligible but failed to apply and the number and type of
grants awarded to the District but for which the District
failed to spend the amounts received;
(7) indicators of child and family well-being including
child living arrangements by family structure, number of
children aging out of foster care, poverty rates by family
structure, crime by family structure, marriage rates by income
quintile, and out-of-wedlock births; and
(8) employment, including job status and participation in
assistance programs by income, education and family structure.
Sec. 817. (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. 818. Beginning in fiscal year 2009 and each fiscal year
thereafter, the amount appropriated to the District of Columbia may be
increased by no more than $100,000,000 from funds identified in the
annual comprehensive annual financial report as the District's
immediately preceding fiscal year's 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 the Senate not fewer than 15 days in
advance of the obligation or expenditure.
Sec. 819. (a) Beginning in fiscal year 2009 and each fiscal year
thereafter, consistent with revenue collections, the amount
appropriated as District of Columbia Funds 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 annual 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 the Senate not fewer than 15 days
in advance of the obligation or expenditure.
Sec. 820. Beginning in fiscal year 2009 and each fiscal year
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, approved November 22, 2000 (114 Stat. 2440; D.C.
Official Code Sec. 1-204.50a): 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 reserve 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. 821. (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. 822. 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. 823. 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. 824. Notwithstanding section 602(c)(1) of the District of
Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C.
Official Code Sec. 1-206.02(c)(1)), the Income Tax Secured Bond
Authorization Act of 2008, as introduced on May 6, 2008 (D.C. Bill 17-
741), shall take effect on the date of its enactment by the District of
Columbia.
Sec. 825. (a) Increase in the Hourly Rate for Attorneys
Representing Indigent Defendants 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 enactment of this Act.
Sec. 826. 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''.
Calendar No. 877
110th CONGRESS
2d Session
S. 3260
[Report No. 110-417]
_______________________________________________________________________
A BILL
Making appropriations for financial services and general government for
the fiscal year ending September 30, 2009, and for other purposes.
_______________________________________________________________________
July 14, 2008
Read twice and placed on the calendar