[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3170 Engrossed in House (EH)]
111th CONGRESS
1st Session
H. R. 3170
_______________________________________________________________________
AN ACT
Making appropriations for financial services and general government for
the fiscal year ending September 30, 2010, 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, 2010, 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, $303,388,000, of which not to exceed $21,983,000 is
for executive direction program activities; not to exceed $46,249,000
is for economic policies and programs activities; not to exceed
$48,080,000 is for financial policies and programs activities; not to
exceed $64,611,000 is for terrorism and financial intelligence
activities; not to exceed $22,679,000 is for Treasury-wide management
policies and programs activities; and not to exceed $99,786,000 is for
administration programs activities: Provided, That the Secretary of the
Treasury is authorized to transfer funds appropriated for any program
activity of the Departmental Offices to any other program activity of
the Departmental Offices upon notification to the House and Senate
Committees on Appropriations: Provided further, That no appropriation
for any program activity shall be increased or decreased by more than 4
percent by all such transfers: Provided further, That any change in
funding greater than 4 percent shall be submitted for approval to the
House and Senate Committees on Appropriations: Provided further, That
of the amount appropriated under this heading, not to exceed
$3,000,000, to remain available until September 30, 2011, 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, $6,787,000, to remain available until September 30, 2011,
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, 2011, is for secure space requirements: Provided further,
That of the amount appropriated under this heading, $3,400,000, to
remain available until September 30, 2012, 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, 2012, 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,
$9,544,000, to remain available until September 30, 2012: Provided,
That $4,544,000 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,
$29,700,000, 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;
$149,000,000, 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, including for course development, 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,
$102,760,000 (increased by $15,000,000), of which not to exceed
$26,085,000 shall remain available until September 30, 2012; and of
which $9,316,000 shall remain available until September 30, 2011:
Provided, That funds appropriated in this account may be used to
procure personal services contracts.
Treasury Forfeiture Fund
(rescission)
Of the unobligated balances available under this heading,
$50,000,000 is permanently rescinded and returned to the general fund.
Financial Management Service
salaries and expenses
For necessary expenses of the Financial Management Service,
$244,132,000, of which not to exceed $9,220,000 shall remain available
until September 30, 2012, 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,
$99,500,000; of which not to exceed $6,000 for official reception and
representation expenses; not to exceed $50,000 for cooperative research
and development programs for laboratory services; and provision of
laboratory assistance to State and local agencies with or without
reimbursement.
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code, the
United States Mint is provided funding through the United States Mint
Public Enterprise Fund for costs associated with the production of
circulating coins, numismatic coins, and protective services, including
both operating expenses and capital investments. The aggregate amount
of new liabilities and obligations incurred during fiscal year 2010
under such section 5136 for circulating coinage and protective service
capital investments of the United States Mint shall not exceed
$26,700,000.
Bureau of the Public Debt
administering the public debt
For necessary expenses connected with any public-debt issues of the
United States, $192,244,000, 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, 2012, for systems modernization: Provided, That the sum
appropriated herein from the general fund for fiscal year 2010 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 2010 appropriation
from the general fund estimated at $182,244,000. 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
(including transfer of funds)
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, $243,600,000, to
remain available until September 30, 2011, notwithstanding subsections
(d) and (e) of section 108 of such Act (12 U.S.C. 4707); of which
$10,000,000 shall be for financial assistance, technical assistance,
training, and outreach programs under sections 105 through 109 of such
Act (12 U.S.C. 4704-4708), 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; of which $1,000,000 shall
be available for the pilot project grant program under section 1132(d)
of division A of the Housing and Economic Recovery Act of 2008 (Public
Law 110-289); of which $80,000,000 shall be transferred to the Capital
Magnet Fund, as authorized by section 1339 of the Federal Housing
Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 1301
et seq.), as amended by section 1131 of the Housing and Economic
Recovery Act of 2008 (``HERA''; Public Law 110-289), to support
financing for affordable housing and economic development projects; of
which up to $18,000,000 may be used for administrative expenses,
including administration of the New Markets Tax Credit Program; of
which up to $7,500,000 may be used for the cost of direct loans; and of
which 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: Provided
further, That section 1339(h)(3) of the Federal Housing Enterprises
Financial Safety and Soundness Act of 1992, as added by section 1131 of
HERA, shall be applied by substituting the term ``at least 10 times the
grant amount or such other amount that the Secretary may require'' for
``at least 10 times the grant amount''.
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, $2,273,830,000, of which not less than
$5,100,000 shall be for the Tax Counseling for the Elderly Program, of
which not less than $10,000,000 shall be available for low-income
taxpayer clinic grants, of which not less than $9,000,000, to remain
available until September 30, 2011, shall be available for Community
Volunteer Income Tax Assistance matching grants for tax return
preparation assistance, and of which not less than $205,800,000 shall
be available for operating expenses of the Taxpayer Advocate Service.
enforcement
(including transfer of funds)
For necessary expenses for tax enforcement activities 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,
$4,904,000,000, of which not less than $59,206,000 shall be for the
Interagency Crime and Drug Enforcement program; and of which not to
exceed $126,500 shall be for official reception and representation
expenses associated with hosting the Leeds Castle Meeting in the United
States during 2010: Provided, That up to $10,000,000 may be transferred
as necessary from this account to ``Operations Support'' solely for the
purposes of the Interagency Crime and Drug Enforcement program:
Provided further, That this transfer authority shall be in addition to
any other transfer authority provided in this Act. In addition to
amounts made available above, $600,000,000 shall be made available for
enhanced tax enforcement activities.
operations support
For necessary expenses of the Internal Revenue Service to support
taxpayer services and enforcement programs, including rent payments;
facilities services; printing; postage; physical security; headquarters
and other IRS-wide administration activities; research and statistics
of income; telecommunications; information technology development,
enhancement, operations, maintenance, and security; the hire of
passenger motor vehicles (31 U.S.C. 1343(b)); and other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner; $4,082,984,000, of which up to $75,000,000 shall remain
available until September 30, 2011, for information technology support;
of which not to exceed $1,000,000 shall remain available until
September 30, 2012, for research; of which not less than $2,000,000
shall be for the Internal Revenue Service Oversight Board; of which not
to exceed $25,000 shall be for official reception and representation;
and of which $290,000,000 shall be made available to support enhanced
tax enforcement activities: Provided, That of the amounts provided
under this heading, such sums as are necessary shall be available to
fully support tax enforcement and enhanced tax enforcement activities.
business systems modernization
For necessary expenses of the Internal Revenue Service's business
systems modernization program, $253,674,000, to remain available until
September 30, 2012, 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), $15,512,000.
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.
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 105. 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. 106. 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. 107. 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. 108. 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. 109. 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. 110. The Secretary of the Treasury may transfer funds from
Financial Management Service, Salaries and Expenses to the Debt
Collection Fund as necessary to cover the costs of debt collection:
Provided, That such amounts shall be reimbursed to such salaries and
expenses account from debt collections received in the Debt Collection
Fund.
Sec. 111. Section 122(g)(1) of Public Law 105-119 (5 U.S.C. 3104
note), is further amended by striking ``11 years'' and inserting ``12
years''.
Sec. 112. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United States
Mint to construct or operate any museum without the explicit approval
of the Committees on Appropriations of the House of Representatives and
the Senate, the House Committee on Financial Services, and the Senate
Committee on Banking, Housing and Urban Affairs.
Sec. 113. 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. 114. 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
2010 until the enactment of the Intelligence Authorization Act for
Fiscal Year 2010.
Sec. 115. 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.
Sec. 116. The Secretary is authorized to establish additional
Treasury accounts for the Alcohol & Tobacco Tax and Trade Bureau,
Department of the Treasury; U.S. Customs and Border Protection,
Department of Homeland Security; and the Bureau of Alcohol, Tobacco
Firearms and Explosives, Department of Justice, for purposes of
administering refunds under 31 U.S.C. 1324.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2010''.
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 31 U.S.C. 1552.
The White House
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; and 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, $59,319,000,
of which not less than $1,400,000 shall be for the Office of National
AIDS Policy.
Executive Residence at the White House
operating expenses
For the care, maintenance, repair and alteration, refurnishing,
improvement, heating, and lighting, including electric power and
fixtures, of the Executive Residence at the White House and official
entertainment expenses of the President, $13,838,000, 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 31 U.S.C. 3717: 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, $2,500,000, to remain available until
expended, for required maintenance, resolution of 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.), $4,200,000.
National Security Council
salaries and expenses
For necessary expenses of the National Security Council, including
services as authorized by 5 U.S.C. 3109, $12,231,000.
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, $115,280,000, of which $16,768,000 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, $92,687,000, of which not to exceed $3,000
shall be available for official representation expenses: Provided, That
none of the funds appropriated in this Act for the Office of Management
and Budget may be used for the purpose of reviewing any agricultural
marketing orders or any activities or regulations under the provisions
of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et
seq.): Provided further, That none of the funds made available for the
Office of Management and Budget by this Act may be expended for the
altering of the transcript of actual testimony of witnesses, except for
testimony of officials of the Office of Management and Budget, before
the Committees on Appropriations or their subcommittees: Provided
further, That none of the funds provided in this or prior Acts shall be
used, directly or indirectly, by the Office of Management and Budget,
for evaluating or determining if water resource project or study
reports submitted by the Chief of Engineers acting through the
Secretary of the Army are in compliance with all applicable laws,
regulations, and requirements relevant to the Civil Works water
resource planning process: Provided further, That the Office of
Management and Budget shall have not more than 60 days in which to
perform budgetary policy reviews of water resource matters on which the
Chief of Engineers has reported: Provided further, That the Director of
the Office of Management and Budget shall notify the appropriate
authorizing and appropriating committees when the 60-day review is
initiated: Provided further, That if water resource reports have not
been transmitted to the appropriate authorizing and appropriating
committees within 15 days after the end of the Office of Management and
Budget review period based on the notification from the Director,
Congress shall assume Office of Management and Budget concurrence with
the report and act accordingly.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 2006 (Public Law 109-469); not to
exceed $10,000 for official reception and representation expenses; and
for participation in joint projects or in the provision of services on
matters of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement, $27,575,000;
of which $1,300,000 shall remain available until expended for policy
research and evaluation: Provided, That the Office is authorized to
accept, hold, administer, and utilize gifts, both real and personal,
public and private, without fiscal year limitation, for the purpose of
aiding or facilitating the work of the Office.
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, $248,000,000,
to remain available until September 30, 2011, for drug control
activities consistent with the approved strategy for each of the
designated High Intensity Drug Trafficking Areas (``HIDTAs''), of which
not less than 51 percent shall be transferred to State and local
entities for drug control activities and shall be obligated not later
than 120 days after enactment of this Act: Provided, That up to 49
percent may be transferred to Federal agencies and departments in
amounts determined by the Director of the Office of National Drug
Control Policy (``the Director''), of which up to $2,700,000 may be
used for auditing services and associated activities (including up to
$250,000 to ensure the continued operation and maintenance of the
Performance Management System): Provided further, That each High
Intensity Drug Trafficking Area designated as of September 30, 2009,
shall be funded at not less than the fiscal year 2009 base level,
unless the Director submits to the Committees on Appropriations of the
House of Representatives and the Senate justification for changes to
those levels based on clearly articulated priorities and published
Office of National Drug Control Policy performance measures of
effectiveness: Provided further, That the Director shall notify the
Committees on Appropriations of the initial allocation of fiscal year
2010 funding among HIDTAs not later than 45 days after enactment of
this Act, and shall notify the Committees of planned uses of
discretionary HIDTA funding, as determined in consultation with the
HIDTA Directors, not later than 90 days after enactment of this Act.
other federal drug control programs
(including transfer of funds)
For other drug control activities authorized by the Office of
National Drug Control Policy Reauthorization Act of 2006 (Public Law
109-469), $132,400,000, to remain available until expended, which shall
be available as follows: $20,000,000 for outreach and media activities
related to drug abuse prevention; $98,000,000 for the Drug-Free
Communities Program, of which $2,000,000 shall be made available as
directed by section 4 of Public Law 107-82, as amended by Public Law
109-469 (21 U.S.C. 1521 note); $1,000,000 for the National Drug Court
Institute; $10,000,000 for the United States Anti-Doping Agency for
anti-doping activities; $1,900,000 for the United States membership
dues to the World Anti-Doping Agency; $1,250,000 for the National
Alliance for Model State Drug Laws; and $250,000 for evaluations and
research related to National Drug Control Program performance measures,
which may be transferred to other Federal departments and agencies to
carry out such activities: Provided, That any grantee under the Drug-
Free Communities Program seeking a renewal grant (year 2 through 5, or
year 7 through 10) that is not awarded renewal funding shall be
afforded a fair, timely, and independent appeal of the non-renewal
decision prior to the beginning of the funding year.
Unanticipated Needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest, security,
or defense which may arise at home or abroad during the current fiscal
year, as authorized by 3 U.S.C. 108, $1,000,000, to remain available
until September 30, 2011.
Partnership Fund for Program Integrity Innovation
(including transfer of funds)
To execute the Partnership Fund for Program Integrity Innovation,
$40,000,000, to remain available until September 30, 2012, which may be
used for grants, contracts, cooperative agreements, and administrative
costs for carrying out Partnership Fund for Program Integrity
Innovation pilot projects: Provided, That funds made available under
this heading may be transferred by the Director of the Office of
Management and Budget to appropriate agencies to carry out pilot
projects and to conduct or provide for evaluation of such projects:
Provided further, That no funds may be obligated for any pilot project
unless the Director of the Office of Management and Budget has
determined that the project: (1) addresses programs that have a
substantial state role in eligibility determination or administration
or where Federal-state cooperation could otherwise be beneficial; (2)
in aggregate, is expected to save at least as much money as it costs;
(3) demonstrates the potential to streamline administration and/or
strengthen program integrity; and (4) does not achieve savings
primarily by reducing the participation of eligible beneficiaries:
Provided further, That the Director shall notify the Committees on
Appropriations of the House of Representatives and the Senate of each
determination required by the preceding proviso at least 15 days in
advance of obligating funds for the pilot project involved, and shall
include in the notification a statement of the purposes and objectives
of the pilot project and a plan for evaluating its results: Provided
further, That the Director shall submit a progress report on activities
funded under this heading to the Committee on Appropriations not later
than September 30, 2010, and annually thereafter for the next four
years.
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, $4,604,000.
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, $330,000: 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
``The White House'', ``Executive Residence at the White House'',
``White House Repair and Restoration'', ``Council of Economic
Advisers'', ``National Security Council'', ``Office of
Administration'', ``Special Assistance to the President'', and
``Official Residence of the Vice President'', the Director of the
Office of Management and Budget (or such other officer as the President
may designate in writing), may, 15 days after giving notice to the
Committees on Appropriations of the House of Representatives and the
Senate, transfer not to exceed 10 percent of any such appropriation to
any other such appropriation, to be merged with and available for the
same time and for the same purposes as the appropriation to which
transferred: Provided, That the amount of an appropriation shall not be
increased by more than 50 percent by such transfers: Provided further,
That no amount shall be transferred from ``Special Assistance to the
President'' or ``Official Residence of the Vice President'' without the
approval of the Vice President.
Sec. 202. The Director of the Office of National Drug Control
Policy shall submit to the Committees on Appropriations of the House of
Representatives and the Senate not later than 60 days after the date of
enactment of this Act, and prior to the initial obligation of more than
20 percent of the funds appropriated in any account under the headings
``Office of National Drug Control Policy'' and ``Federal Drug Control
Programs'', a detailed narrative and financial plan on the proposed
uses of all funds under the account by program, project, and activity:
Provided, That the reports required by this section 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.
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.
This title may be cited as the ``Executive Office of the President
Appropriations Act, 2010''.
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, $74,034,000,
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 40
U.S.C. 6111, $14,525,000, 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, $33,577,000.
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, $21,350,000.
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, $5,080,709,000 (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
$5,428,000, 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 18 U.S.C. 3006A, and also under 18 U.S.C. 3599,
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 18
U.S.C. 3006A(e), and also under 18 U.S.C. 3599(f) and (g)(2), 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 18
U.S.C. 3006A) 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, $982,699,000, 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 71.1(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71.1(h)), $62,275,000, to remain available until
expended: Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable under 5
U.S.C. 5332.
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), $457,353,000, 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, $83,075,000, 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, $27,328,000; of which $1,800,000 shall
remain available through September 30, 2011, 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), $71,874,000; to the Judicial Survivors'
Annuities Fund, as authorized by 28 U.S.C. 376(c), $6,500,000; and to
the United States Court of Federal Claims Judges' Retirement Fund, as
authorized by 28 U.S.C. 178(l), $4,000,000.
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, $16,837,000, of which
not to exceed $1,000 is authorized for official reception and
representation expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available for
services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and Other Judicial
Services--Defender Services'' and ``Courts of Appeals, District Courts,
and Other Judicial Services--Fees of Jurors and Commissioners'', shall
be increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under sections 604 and 608 of this Act and shall
not be available for obligation or expenditure except in compliance
with the procedures set forth in section 608.
Sec. 303. Notwithstanding any other provision of law, the salaries
and expenses appropriation for ``Courts of Appeals, District Courts,
and Other Judicial Services'' shall be available for official reception
and representation expenses of the Judicial Conference of the United
States: Provided, That such available funds shall not exceed $11,000
and shall be administered by the Director of the Administrative Office
of the United States Courts in the capacity as Secretary of the
Judicial Conference.
Sec. 304. Within 90 days after the date of the enactment of this
Act, the Administrative Office of the U.S. Courts shall submit to the
Committees on Appropriations a comprehensive financial plan for the
Judiciary allocating all sources of available funds including
appropriations, fee collections, and carryover balances, to include a
separate and detailed plan for the Judiciary Information Technology
Fund, which will establish the baseline referred to in the second
proviso of section 608.
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. Section 203(c) of the Judicial Improvements Act of 1990
(Public Law 101-650; 28 U.S.C. 133 note), is amended--
(1) in the third sentence (relating to the District of
Kansas), by striking ``18 years'' and inserting ``19 years'';
and
(2) in the sixth sentence (relating to the Northern
District of Ohio), by striking ``18 years'' and inserting ``19
years''.
This title may be cited as the ``Judiciary Appropriations Act,
2010''.
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.
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,
$15,000,000, 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, for the costs of
providing public safety at events related to the presence of the
national capital in the District of Columbia, including support
requested by the Director of the United States Secret Service Division
in carrying out protective duties under the direction of the Secretary
of Homeland Security, and for the costs of providing support to respond
to immediate and specific terrorist threats or attacks in the District
of Columbia or surrounding jurisdictions.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia Courts,
$268,920,000 to be allocated as follows: for the District of Columbia
Court of Appeals, $12,022,000, of which not to exceed $1,500 is for
official reception and representation expenses; for the District of
Columbia Superior Court, $108,524,000, of which not to exceed $1,500 is
for official reception and representation expenses; for the District of
Columbia Court System, $65,114,000, of which not to exceed $1,500 is
for official reception and representation expenses; and $83,260,000, to
remain available until September 30, 2011, for capital improvements for
District of Columbia courthouse facilities, including structural
improvements to the District of Columbia cell block at the Moultrie
Courthouse: Provided, That funds made available for capital
improvements shall be expended consistent with the General Services
Administration (GSA) master plan study and building evaluation report:
Provided further, That notwithstanding any other provision of law, all
amounts under this heading shall be apportioned quarterly by the Office
of Management and Budget and obligated and expended in the same manner
as funds appropriated for salaries and expenses of other Federal
agencies, with payroll and financial services to be provided on a
contractual basis with the GSA, and such services shall include the
preparation of monthly financial reports, copies of which shall be
submitted directly by GSA to the President and to the Committees on
Appropriations of the House of Representatives and the Senate, the
Committee on Oversight and Government Reform of the House of
Representatives, and the Committee on Homeland Security and
Governmental Affairs of the Senate: Provided further, That 30 days
after providing written notice to the Committees on Appropriations of
the House of Representatives and the Senate, the District of Columbia
Courts may reallocate not more than $1,000,000 of the funds provided
under this heading among the items and entities funded under this
heading for operations, and not more than 4 percent of the funds
provided under this heading for facilities.
defender services in district of columbia courts
For payments authorized under section 11-2604 and section 11-2605,
D.C. Official Code (relating to representation provided under the
District of Columbia Criminal Justice Act), payments for counsel
appointed in proceedings in the Family Court of the Superior Court of
the District of Columbia under chapter 23 of title 16, D.C. Official
Code, or pursuant to contractual agreements to provide guardian ad
litem representation, training, technical assistance, and such other
services as are necessary to improve the quality of guardian ad litem
representation, payments for counsel appointed in adoption proceedings
under chapter 3 of title 16, D.C. Official 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),
$55,000,000, 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 $83,260,000 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 $83,260,000 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,
$212,408,000, 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 $153,856,000 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 $58,552,000 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, $37,316,000: 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.
federal payment for water and sewer services
For a Federal payment for water and sewer services, $20,400,000,
which shall be used as follows: $20,000,000 for a payment to the
District of Columbia Water and Sewer Authority (WASA), to remain
available until expended, to continue implementation of the Combined
Sewer Overflow Long-Term Plan and subject to a 100 percent match from
WASA; $400,000 for the District of Columbia Department of the
Environment, to conduct a study of lead levels in the District's
drinkng water.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating Council,
$2,000,000, 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 for judicial commissions
For a Federal payment to the Commission on Judicial Disabilities
and Tenure, $295,000, and for the Judicial Nomination Commission,
$205,000, to remain available until September 30, 2011.
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, $1,700,000: Provided, That each entity
that receives funding under this heading shall submit to the Office of
the Chief Financial Officer of the District of Columbia (CFO), not
later than 60 days after enactment of this Act, a detailed budget and
comprehensive description of the activities to be carried out with such
funds, and the CFO shall submit a comprehensive report to the
Committees on Appropriations of the House of Representatives and the
Senate not later than June 1, 2010.
federal payment for school improvement
For a Federal payment for a school improvement program in the
District of Columbia, $74,400,000, to be allocated as follows: for the
District of Columbia Public Schools, $42,200,000 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 Education, $12,200,000 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 notwithstanding the
second proviso under this heading in Public Law 111-8, funds provided
herein may be used to provide opportunity scholarships to students who
received scholarships in the 2009-2010 school year: Provided further,
That funds available under this heading for opportunity scholarships,
including from prior-year appropriations acts, may be made available
for scholarships to students who received scholarships in the 2009-2010
school year: Provided further, 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 DC
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.
federal payment for consolidated laboratory facility
For a Federal payment to the District of Columbia, $15,000,000, to
remain available until September 30, 2011, for costs associated with
the construction of a consolidated bioterrorism and forensics
laboratory: Provided, That the District of Columbia provides a 100
percent match for this payment.
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia, $2,375,000, of
which $2,000,000 is to remain available until September 30, 2011, to
support costs associated with the District of Columbia National Guard;
and of which $375,000 is to remain available until expended for the
District of Columbia National Guard retention and college access
programs, which shall hereafter be known as the ``Major General David
F. Wherley, Jr. District of Columbia National Guard Retention and
College Access Program''.
federal payment for housing for the homeless
For a Federal payment to the District of Columbia, $19,200,000, to
remain available until September 30, 2011, to support permanent
supportive housing programs in the District.
federal payment for youth services
For a Federal payment to the District of Columbia, $5,000,000, to
remain available until September 30, 2011, to support the
``Reconnecting Disconnected Youth'' initiative.
federal payment for public health services
For a Federal payment to the District of Columbia, $4,000,000, to
remain available until September 30, 2011, for HIV/AIDS prevention
programs in the District.
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,
(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 2010 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 $8,858,278,000 (of
which $5,721,742,000 shall be from local funds, (including $313,789,000
from dedicated taxes) $2,575,447,000 shall be from Federal grant funds,
$556,429,000 shall be from other funds, and $4,660,000 shall be from
private funds); in addition, $125,274,000 from funds previously
appropriated in this Act as Federal payments, which does not include
funds appropriated under the American Recovery and Reinvestment Act of
2009 (123 Stat. 115; 26 U.S.C. Section 1, note): 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
$712,697,000: in addition for capital construction projects, an
increase of $2,963,810,000, of which $2,373,879,000 shall be from local
funds, $54,893,000 from the District of Columbia Highway Trust fund,
$212,854,000 from the Local Street Maintenance fund, $322,184,000 from
Federal grant funds, and a rescission of $1,833,594,000 from local
funds and a rescission of $91,327,000 from Local Street Maintenance
funds appropriated under this heading in prior fiscal years for a net
amount of $1,038,889,000, 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
2010 Proposed Budget and Financial Plan transmitted to the Mayor by the
District of Columbia Council on June 5, 2009: 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 (87
Stat. 777; D.C. Official Code sec. 1-201.01 et seq.): Provided further,
That the Chief Financial Officer of the District of Columbia shall take
such steps as are necessary to assure that the District of Columbia
meets these requirements, including the apportioning by the Chief
Financial Officer of the appropriations and funds made available to the
District during fiscal year 2010, 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, 2010''.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of the
United States, authorized by 5 U.S.C. 591 et seq., $1,500,000, of
which, not to exceed $1,000 is 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 $2,000 for
official reception and representation expenses, $113,325,000 (increased
by $4,875,000), of which $2,000,000 shall remain available for
obligation until September 30, 2011, to implement the Virginia Graeme
Baker Pool and Spa Safety Act grant program as provided by section 1405
of Public Law 110-140 (15 U.S.C. 8004).
Election Assistance Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote Act of
2002, $17,959,000, of which $3,500,000 shall be transferred to the
National Institute of Standards and Technology for election reform
activities authorized under the Help America Vote Act of 2002:
Provided, That $750,000 shall be for the Help America Vote College
Program as provided by the Help America Vote Act of 2002 (Public Law
107-252): Provided further, That $300,000 shall be for a competitive
grant program to support community involvement in student and parent
mock elections.
election reform programs
For necessary expenses relating to election reform programs,
$106,000,000, to remain available until expended, of which $100,000,000
shall be for requirements payments under part 1 of subtitle D of title
II of the Help America Vote Act of 2002 (Public Law 107-252),
$4,000,000 shall be for grants to carry out research on voting
technology improvements as authorized under part 3 of subtitle D of
title II of such Act, and $2,000,000, shall be to conduct a pilot
program for grants to States and units of local government for pre-
election logic and accuracy testing and post-election voting systems
verification.
Federal Communications Commission
salaries and expenses
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, $335,794,000: Provided, That $334,794,000 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 2010 so as to result in a final fiscal year
2010 appropriation estimated at $1,000,000: Provided further, That any
offsetting collections received in excess of $334,794,000 in fiscal
year 2010 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, 2009, 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 2010.
Federal Deposit Insurance Corporation
office of the inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$37,942,000, to be derived from the Deposit Insurance Fund or, only
when appropriate, 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, as amended, $65,100,000, 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, $24,773,000: 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, $291,700,000, 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 $102,000,000
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 $19,000,000 in offsetting collections
derived from fees sufficient to implement and enforce the Telemarketing
Sales Rule, promulgated under the Telemarketing and Consumer Fraud and
Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to
this account, and be retained and used for necessary expenses in this
appropriation: Provided further, That the sum herein appropriated from
the general fund shall be reduced as such offsetting collections are
received during fiscal year 2010, so as to result in a final fiscal
year 2010 appropriation from the general fund estimated at not more
than $170,700,000: Provided further, That none of the funds made
available to the Federal Trade Commission may be used to implement
subsection (e)(2)(B) of section 43 of the Federal Deposit Insurance Act
(12 U.S.C. 1831t).
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
For an additional amount to be deposited in the Federal Buildings
Fund, $459,900,000 (reduced by $15,000,000). 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
$8,465,585,000 (reduced by $5,125,000) (reduced by $15,000,000), of
which: (1) $722,537,000 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:
Mobile, United States Courthouse, $96,000,000.
California:
Calexico, Calexico West, Land Port of Entry,
$9,437,000.
Colorado:
Lakewood, Denver Federal Center Remediation,
$9,962,000.
District of Columbia:
Columbia Plaza, $100,000,000.
Southeast Federal Center Remediation, $15,000,000.
Florida:
Miami, Federal Bureau of Investigation Field Office
Consolidation, $190,675,000.
Georgia:
Savannah, United States Courthouse, $7,900,000.
Maine:
Madawaska, Land Port of Entry, $50,127,000.
Maryland:
White Oak, Food and Drug Administration
Consolidation, $137,871,000.
Greenbelt, United States Courthouse, $10,000,000.
Texas:
El Paso, Tornillo-Guadalupe, Land Port of Entry,
$91,565,000.
San Antonio, United States Courthouse, $4,000,000:
Provided, That each of the foregoing limits of costs on new
construction projects may be exceeded to the extent that savings are
effected in other such projects, but not to exceed 10 percent of the
amounts 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, 2011, and remain in the Federal
Buildings Fund except for funds for projects as to which funds for
design or other funds have been obligated in whole or in part prior to
such date; (2) $400,276,000 shall remain available until expended for
repairs and alterations, which includes associated design and
construction services:
Repairs and Alterations:
District of Columbia:
East Wing Infrastructure Systems Replacement,
$35,000,000.
Eisenhower Executive Office Building (roof
replacement), $15,000,000.
New Executive Office Building, $30,276,000.
Special Emphasis Programs:
Fire and Life Safety Program, $20,000,000.
Energy and Water Retrofit and Conservation
Measures, $20,000,000.
Federal High-Performance Green Buildings--Energy
Independence and Security Act of 2007, $20,000,000.
Basic Repairs and Alterations, $260,000,000:
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, 2011, 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) $140,525,000 for installment acquisition payments
including payments on purchase contracts which shall remain available
until expended; (4) $4,861,871,000 (reduced by $2,875,000) (reduced by
$15,000,000) for rental of space which shall remain available until
expended; and (5) $2,340,376,000 (reduced by $2,250,000) 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 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 2010, excluding
reimbursements under 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; $63,165,000, of which
$3,000,000, to be available until expended, is provided for the Office
of Federal High-Performance Green Buildings.
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; the 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;
$72,881,000, of which $1,000,000 shall be for a payment to the Oklahoma
City National Memorial Foundation as authorized by 16 U.S.C. 450ss-5.
office of inspector general
For necessary expenses of the Office of Inspector General and
service authorized by 5 U.S.C. 3109, $60,080,000: 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,
$33,000,000, to remain available until expended: Provided, That these
funds may be transferred to Federal agencies to carry out the purpose
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 of
the House of Representatives and the Senate.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25, 1958 (3
U.S.C. 102 note), and Public Law 95-138, $3,756,000.
federal citizen services fund
For necessary expenses of the Office of Citizen Services, including
services authorized by 5 U.S.C. 3109, $36,515,000, 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 $61,000,000. Appropriations, revenues,
and collections accruing to this Fund during fiscal year 2010 in excess
of such amount shall remain in the Fund and shall not be available for
expenditure except as authorized in appropriations Acts.
administrative provisions--general services administration
(including transfers of funds)
Sec. 501. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 502. Funds in the Federal Buildings Fund made available for
fiscal year 2010 for Federal Buildings Fund activities may be
transferred between such activities only to the extent necessary to
meet program requirements: Provided, That any proposed transfers shall
be approved in advance by the Committees on Appropriations.
Sec. 503. Except as otherwise provided in this title, funds made
available by this Act shall be used to transmit a fiscal year 2011
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. 504. None of the funds provided in this Act may be used to
increase the amount of occupiable square feet, provide cleaning
services, security enhancements, or any other service usually provided
through the Federal Buildings Fund, to any agency that does not pay the
rate per square foot assessment for space and services as determined by
the General Services Administration in compliance with the Public
Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 505. From funds made available under the heading ``Federal
Buildings Fund, Limitations on Availability of Revenue'', claims
against the Government of less than $250,000 arising from direct
construction projects and acquisition of buildings may be liquidated
from savings effected in other construction projects with prior
notification to the Committees on Appropriations.
Sec. 506. In any case in which the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate adopt a resolution granting
lease authority pursuant to a prospectus transmitted to Congress by the
Administrator of General Services under 40 U.S.C. 3307, the
Administrator shall ensure that the delineated area of procurement is
identical to the delineated area included in the prospectus for all
lease agreements, except that, if the Administrator determines that the
delineated area of the procurement should not be identical to the
delineated area included in the prospectus, the Administrator shall
provide an explanatory statement to each of such committees and the
House and Senate Committees on Appropriations prior to exercising any
lease authority provided in the resolution.
Sec. 507. In furtherance of the emergency management policy set
forth in the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, the Administrator of the General Services
Administration may provide for the use of the Federal supply schedules
of the General Services Administration by relief and disaster
assistance organizations as described in section 309 of that Act.
Purchases under this authority shall be limited to use in preparation
for, response to, and recovery from hazards as defined in section 602
of that Act.
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, $40,339,000 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.),
$2,200,000, 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, $3,800,000, 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, $339,770,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Reform Act of
2008, Public Law 110-409, 122 Stat. 4302-16 (2008), and the Inspector
General Act of 1978 (5 U.S.C. App.), and for the hire of passenger
motor vehicles, $4,100,000.
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, $85,500,000, of which $61,757,000 shall remain available
until September 30, 2012: 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, $27,500,000, to remain
available until expended.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, $13,000,000,
to remain available until expended.
National Credit Union Administration
central liquidity facility
During fiscal year 2010, 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 be the amount
authorized by section 307(a)(4)(A) of the Federal Credit Union Act (12
U.S.C. 1795f(a)(4)(A)): Provided, That administrative expenses of the
Central Liquidity Facility in fiscal year 2010 shall not exceed
$1,250,000.
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 (increased by
$250,000) shall be available until September 30, 2011, 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, $14,415,000.
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; 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, $97,970,000, of which
$5,908,000 shall remain available until expended for the Enterprise
Human Resources Integration project; $1,364,000 shall remain available
until expended for the Human Resources Line of Business project; and in
addition $113,238,000 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
$9,364,000 shall remain available until expended for the cost of
implementing the new integrated financial system, and of which
$4,248,000 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 2010,
accept donations of money, property, and personal services: Provided
further, That such donations, including those from prior years, may be
used for the development of publicity materials to provide information
about the White House Fellows, except that no such donations shall be
accepted for travel or reimbursement of travel expenses, or for the
salaries of employees of such Commission.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $3,148,000, 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; $18,495,000.
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), up to $14,333,000, to be derived
by transfer from the Postal Service Fund and expended as authorized by
section 603(a) of such Act: Provided, That unobligated balances
remaining in this account on October 1, 2009, shall be transferred back
to the Postal Service Fund: Provided further, That unobligated balances
remaining in this account on October 1, 2010, shall be transferred back
to the Postal Service Fund.
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), $2,000,000, to
remain available until September 30, 2011.
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, $1,036,000,000, to remain available until
expended; of which not less than $4,400,000 shall be for the Office of
Inspector General; 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
$1,025,780,000 of such offsetting collections shall be available until
expended for necessary expenses of this account: Provided further, That
$10,220,000 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 2010 shall be
reduced as such offsetting fees are received so as to result in a final
total fiscal year 2010 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;
$24,150,000: 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, $428,387,000: 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 2010 or fiscal year 2011 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 $11,690,500 shall be
available for the Loan Modernization and Accounting System, to be
available until September 30, 2011: Provided further, That $10,000,000,
to remain available until September 30, 2011, shall be for expenses for
the relocation of the headquarters of the Small Business
Administration.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$16,300,000.
surety bond guarantees revolving fund
For additional capital for the Surety Bond Guarantees Revolving
Fund, authorized by the Small Business Investment Act of 1958,
$1,000,000, to remain available until expended.
business loans program account
(including transfers of funds)
For the cost of direct loans, $3,000,000, to remain available until
expended, and for the cost of guaranteed loans, $80,000,000, as
authorized by section 7(a) of the Small Business Act, 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
2010 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 2010 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 2010 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 2010,
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, $153,000,000, which may be
paid to the appropriations account for Salaries and Expenses.
disaster loans program account
(including transfers of funds)
For the cost of guaranteed loans, including the cost of modifying
loans, as defined in section 502 of the Congressional Budget Act of
1974, $1,690,000, to remain available until expended, of which $352,357
is for loan guarantees as authorized by section 42 of the Small
Business Act, and $1,337,643 is for loan guarantees as authorized by
section 12085 of Public Law 110-246.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $102,310,000, to be available until
expended, of which $91,000,000 is for direct administrative expenses of
loan making and servicing to carry out the direct loan program, which
may be paid to the appropriations for Salaries and Expenses; of which
$9,000,000 is for indirect administrative expenses for the direct loan
program, which may be paid to the appropriations for Salaries and
Expenses; 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 programs and shall be paid to the
appropriations for the Office of Inspector General; and of which
$1,310,000 is for administrative expenses to carry out the guaranteed
loan programs, which may be paid to the appropriations account for
Salaries and Expenses.
administrative provisions--small business administration
(including transfer of funds)
Sec. 510. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by more
than 10 percent by any such transfers: Provided, That any transfer
pursuant to this paragraph shall be treated as a reprogramming of funds
under section 608 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
Sec. 511. For an additional amount under the heading ``Small
Business Administration--Salaries and Expenses'', $62,300,000, to
remain available until September 30, 2011, which shall be for
initiatives related to small business development and entrepreneurship,
including programmatic and construction activities, in the amounts and
for the purposes specified in the table that appears under the heading
``Administrative Provisions--Small Business Administration'' in the
reports of the Committees on Appropriations of the House of
Representatives and the Senate accompanying this Act.
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone on free
and reduced rate mail, pursuant to subsections (c) and (d) of section
2401 of title 39, United States Code, $118,328,000, of which
$89,328,000 shall not be available for obligation until October 1,
2010: 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 2010.
office of inspector general
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, up to
$244,397,000, 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): Provided, That
unobligated balances remaining in this account on October 1, 2009,
shall be transferred back to the Postal Service Fund: Provided further,
That unobligated balances remaining in this account on October 1, 2010,
shall be transferred back to the Postal Service Fund.
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $49,242,000: 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 5
U.S.C. 3109, 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 2010, or provided from any
accounts in the Treasury derived by the collection of fees and
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that: (1)
creates a new program; (2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or activity
for which funds have been denied or restricted by the Congress; (4)
proposes to use funds directed for a specific activity by either the
House or Senate Committees on Appropriations for a different purpose;
(5) augments existing programs, projects, or activities in excess of
$5,000,000 or 10 percent, whichever is less; (6) reduces existing
programs, projects, or activities by $5,000,000 or 10 percent,
whichever is less; or (7) creates or reorganizes offices, programs, or
activities unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That prior to any significant reorganization or restructuring
of offices, programs, or activities, each agency or entity funded in
this Act shall consult with the Committees on Appropriations of the
House of Representatives and the Senate: Provided further, That not
later than 60 days after the date of enactment of this Act, each agency
funded by this Act shall submit a report to the Committees on
Appropriations of the House of Representatives and the Senate to
establish the baseline for application of reprogramming and transfer
authorities for the current fiscal year: Provided further, That the
report shall include: (1) a table for each appropriation with a
separate column to display the President's budget request, adjustments
made by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level; (2) a delineation in
the table for each appropriation both by object class and program,
project, and activity as detailed in the budget appendix for the
respective appropriation; and (3) an identification of items of special
congressional interest: Provided further, That the amount appropriated
or limited for salaries and expenses for an agency shall be reduced by
$100,000 per day for each day after the required date that the report
has not been submitted to the Congress.
Sec. 609. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2010 from appropriations made available for salaries
and expenses for fiscal year 2010 in this Act, shall remain available
through September 30, 2011, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the
Committees on Appropriations of the House of Representatives and the
Senate for approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance with
reprogramming guidelines.
Sec. 610. None of the funds made available in this Act may be used
by the Executive Office of the President to request from the Federal
Bureau of Investigation any official background investigation report on
any individual, except when--
(1) such individual has given his or her express written
consent for such request not more than 6 months prior to the
date of such request and during the same presidential
administration; or
(2) such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under section
26 of the Office of Federal Procurement Policy Act (Public Law 93-400;
41 U.S.C. 422) shall not apply with respect to a contract under the
Federal Employees Health Benefits Program established under chapter 89
of title 5, United States Code.
Sec. 612. For the purpose of resolving litigation and implementing
any settlement agreements regarding the nonforeign area cost-of-living
allowance program, the Office of Personnel Management may accept and
utilize (without regard to any restriction on unanticipated travel
expenses imposed in an Appropriations Act) funds made available to the
Office of Personnel Management pursuant to court approval.
Sec. 613. No funds appropriated by this Act shall be available to
pay for an abortion, or the administrative expenses in connection with
any health plan under the Federal employees health benefits program
which provides any benefits or coverage for abortions.
Sec. 614. The provision of section 613 shall not apply where the
life of the mother would be endangered if the fetus were carried to
term, or the pregnancy is the result of an act of rape or incest.
Sec. 615. In order to promote Government access to commercial
information technology, the restriction on purchasing nondomestic
articles, materials, and supplies set forth in the Buy American Act (41
U.S.C. 10a et seq.), shall not apply to the acquisition by the Federal
Government of information technology (as defined in section 11101 of
title 40, United States Code), that is a commercial item (as defined in
section 4(12) of the Office of Federal Procurement Policy Act (41
U.S.C. 403(12)).
Sec. 616. Notwithstanding section 1353 of title 31, United States
Code, no officer or employee of any regulatory agency or commission
funded by this Act may accept on behalf of that agency, nor may such
agency or commission accept, payment or reimbursement from a non-
Federal entity for travel, subsistence, or related expenses for the
purpose of enabling an officer or employee to attend and participate in
any meeting or similar function relating to the official duties of the
officer or employee when the entity offering payment or reimbursement
is a person or entity subject to regulation by such agency or
commission, or represents a person or entity subject to regulation by
such agency or commission, unless the person or entity is an
organization described in section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax under section 501(a) of such Code.
Sec. 617. The Public Company Accounting Oversight Board shall have
authority to obligate funds for the scholarship program established by
section 109(c)(2) of the Sarbanes-Oxley Act of 2002 (Public Law 107-
204) in an aggregate amount not exceeding the amount of funds collected
by the Board as of December 31, 2009, including accrued interest, as a
result of the assessment of monetary penalties. Funds available for
obligation in fiscal year 2010 shall remain available until expended.
Sec. 618. During fiscal year 2010, for purposes of section
908(b)(1) of the Trade Sanctions Reform and Export Enhancement Act of
2000 (22 U.S.C. 7207(b)(1)), the term ``payment of cash in advance''
shall be interpreted as payment before the transfer of title to, and
control of, the exported items to the Cuban purchaser.
Sec. 619. None of the funds made available in this Act may be used
to implement or enforce section 101(a) of the Consumer Product Safety
Improvement Act of 2008 in regards to off-highway vehicles. For
purposes of this section the term ``off-highway vehicles'' mean
motorized vehicle designed to travel on 2, 3, or 4 wheels, having a
seat designed to be straddled by the operator and handlebars for
steering control, and such term includes snowmobiles.
Sec. 620. (a) Section 101(a)(1) of the Federal and District of
Columbia Government Real Property Act of 2006 (Public Law 109-396; 120
Stat. 2711) is amended to read as follows:
``(1) In general.--
``(A) U.S. reservation 13.--On the date on which
the District of Columbia conveys to the Administrator
of General Services all right, title, and interest of
the District of Columbia in the property described in
subsection (c), the Administrator shall convey to the
District of Columbia all right, title, and interest of
the United States in U.S. Reservation 13, subject to
the conditions described in subsection (b).
``(B) Old naval hospital.--Not later than 60 days
after the date of the enactment of the Financial
Services and General Government Appropriations Act,
2010, the Administrator shall convey to the District of
Columbia all right, title, and interest of the United
States in Old Naval Hospital.''.
(b) The amendment made by subsection (a) shall take effect as if
included in the enactment of the Federal and District of Columbia
Government Real Property Act of 2006.
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 2010 shall obligate or expend any such funds, unless such
department, agency, or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to ensure that
all of its workplaces are free from the illegal use, possession, or
distribution of controlled substances (as defined in the Controlled
Substances Act (21 U.S.C. 802)) by the officers and employees of such
department, agency, or instrumentality.
Sec. 702. Unless otherwise specifically provided, the maximum
amount allowable during the current fiscal year in accordance with
section 16 of the Act of August 2, 1946 (60 Stat. 810), for the
purchase of any passenger motor vehicle (exclusive of buses,
ambulances, law enforcement, and undercover surveillance vehicles), is
hereby fixed at $13,197 except station wagons for which the maximum
shall be $13,631: Provided, That these limits may be exceeded by not to
exceed $3,700 for police-type vehicles, and by not to exceed $4,000 for
special heavy-duty vehicles: Provided further, That the limits set
forth in this section may not be exceeded by more than 5 percent for
electric or hybrid vehicles purchased for demonstration under the
provisions of the Electric and Hybrid Vehicle Research, Development,
and Demonstration Act of 1976: Provided further, That the limits set
forth in this section may be exceeded by the incremental cost of clean
alternative fuels vehicles acquired pursuant to Public Law 101-549 over
the cost of comparable conventionally fueled vehicles.
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel, or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances, in accordance with 5 U.S.C. 5922-5924.
Sec. 704. Unless otherwise specified during the current fiscal
year, no part of any appropriation contained in this or any other Act
shall be used to pay the compensation of any officer or employee of the
Government of the United States (including any agency the majority of
the stock of which is owned by the Government of the United States)
whose post of duty is in the continental United States unless such
person: (1) is a citizen of the United States; (2) is a person in the
service of the United States on the date of the enactment of this Act
who, being eligible for citizenship, has filed a declaration of
intention to become a citizen of the United States prior to such date
and is actually residing in the United States; (3) is a person who owes
allegiance to the United States; (4) is an alien from Cuba, Poland,
South Vietnam, the countries of the former Soviet Union, or the Baltic
countries lawfully admitted to the United States for permanent
residence; (5) is a South Vietnamese, Cambodian, or Laotian refugee
paroled in the United States after January 1, 1975; or (6) is a
national of the People's Republic of China who qualifies for adjustment
of status pursuant to the Chinese Student Protection Act of 1992
(Public Law 102-404): Provided, That for the purpose of this section,
an affidavit signed by any such person shall be considered prima facie
evidence that the requirements of this section with respect to his or
her status have been complied with: Provided further, That any person
making a false affidavit shall be guilty of a felony, and, upon
conviction, shall be fined no more than $4,000 or imprisoned for not
more than 1 year, or both: Provided further, That the above penal
clause shall be in addition to, and not in substitution for, any other
provisions of existing law: Provided further, That any payment made to
any officer or employee contrary to the provisions of this section
shall be recoverable in action by the Federal Government. This section
shall not apply to citizens of Ireland, Israel, or the Republic of the
Philippines, or to nationals of those countries allied with the United
States in a current defense effort, or to international broadcasters
employed by the Broadcasting Board of Governors, or to temporary
employment of translators, or to temporary employment in the field
service (not to exceed 60 days) as a result of emergencies: Provided
further, That this section does not apply to the employment as Wildland
firefighters for not more than 120 days of nonresident aliens employed
by the Department of the Interior or the USDA Forest Service pursuant
to an agreement with another country.
Sec. 705. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment
to the General Services Administration for charges for space and
services and those expenses of renovation and alteration of buildings
and facilities which constitute public improvements performed in
accordance with the Public Buildings Act of 1959 (73 Stat. 479), the
Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable
law.
Sec. 706. In addition to funds provided in this or any other Act,
all Federal agencies are authorized to receive and use funds resulting
from the sale of materials, including Federal records disposed of
pursuant to a records schedule recovered through recycling or waste
prevention programs. Such funds shall be available until expended for
the following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13423
(January 24, 2007), including any such programs adopted prior
to the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 707. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations
and agencies subject to chapter 91 of title 31, United States Code,
shall be available, in addition to objects for which such funds are
otherwise available, for rent in the District of Columbia; services in
accordance with 5 U.S.C. 3109; and the objects specified under this
head, all the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the Act by
which they are made available: Provided, That in the event any
functions budgeted as administrative expenses are subsequently
transferred to or paid from other funds, the limitations on
administrative expenses shall be correspondingly reduced.
Sec. 708. No part of any appropriation contained in this or any
other Act shall be available for interagency financing of boards
(except Federal Executive Boards), commissions, councils, committees,
or similar groups (whether or not they are interagency entities) which
do not have a prior and specific statutory approval to receive
financial support from more than one agency or instrumentality.
Sec. 709. None of the funds made available pursuant to the
provisions of this Act shall be used to implement, administer, or
enforce any regulation which has been disapproved pursuant to a joint
resolution duly adopted in accordance with the applicable law of the
United States.
Sec. 710. (a) Notwithstanding any other provision of law, and
except as otherwise provided in this section, no part of any of the
funds appropriated for fiscal year 2010, 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
2010, 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 2010, 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 2010 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 2010 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, 2009, 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, 2009, 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, 2009.
(f) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit) that
requires any deduction or contribution, or that imposes any requirement
or limitation on the basis of a rate of salary or basic pay, the rate
of salary or basic pay payable after the application of this section
shall be treated as the rate of salary or basic pay.
(g) Nothing in this section shall be considered to permit or
require the payment to any employee covered by this section at a rate
in excess of the rate that would be payable were this section not in
effect.
(h) The Office of Personnel Management may provide for exceptions
to the limitations imposed by this section if the Office determines
that such exceptions are necessary to ensure the recruitment or
retention of qualified employees.
Sec. 711. During the period in which the head of any department or
agency, or any other officer or civilian employee of the Federal
Government appointed by the President of the United States, holds
office, no funds may be obligated or expended in excess of $5,000 to
furnish or redecorate the office of such department head, agency head,
officer, or employee, or to purchase furniture or make improvements for
any such office, unless advance notice of such furnishing or
redecoration is transmitted to the Committees on Appropriations of the
House of Representatives and the Senate. For the purposes of this
section, the term ``office'' shall include the entire suite of offices
assigned to the individual, as well as any other space used primarily
by the individual or the use of which is directly controlled by the
individual.
Sec. 712. Notwithstanding section 31 U.S.C 1346, 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 5 U.S.C.
3302, 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 quasireligious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 716. No funds appropriated in this or any other Act may be
used to implement or enforce the agreements in Standard Forms 312 and
4414 of the Government or any other nondisclosure policy, form, or
agreement if such policy, form, or agreement does not contain the
following provisions: ``These restrictions are consistent with and do
not supersede, conflict with, or otherwise alter the employee
obligations, rights, or liabilities created by Executive Order No.
12958; section 7211 of title 5, United States Code (governing
disclosures to Congress); section 1034 of title 10, United States Code,
as amended by the Military Whistleblower Protection Act (governing
disclosure to Congress by members of the military); section 2302(b)(8)
of title 5, United States Code, as amended by the Whistleblower
Protection Act of 1989 (governing disclosures of illegality, waste,
fraud, abuse or public health or safety threats); the Intelligence
Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing
disclosures that could expose confidential Government agents); and the
statutes which protect against disclosure that may compromise the
national security, including sections 641, 793, 794, 798, and 952 of
title 18, United States Code, and section 4(b) of the Subversive
Activities Act of 1950 (50 U.S.C. 783(b)). The definitions,
requirements, obligations, rights, sanctions, and liabilities created
by said Executive order and listed statutes are incorporated into this
agreement and are controlling.'': Provided, That notwithstanding the
preceding paragraph, a nondisclosure policy form or agreement that is
to be executed by a person connected with the conduct of an
intelligence or intelligence-related activity, other than an employee
or officer of the United States Government, may contain provisions
appropriate to the particular activity for which such document is to be
used. Such form or agreement shall, at a minimum, require that the
person will not disclose any classified information received in the
course of such activity unless specifically authorized to do so by the
United States Government. Such nondisclosure forms shall also make it
clear that they do not bar disclosures to Congress, or to an authorized
official of an executive agency or the Department of Justice, that are
essential to reporting a substantial violation of law.
Sec. 717. No part of any funds appropriated in this or any other
Act shall be used by an agency of the executive branch, other than for
normal and recognized executive-legislative relationships, for
publicity or propaganda purposes, and for the preparation, distribution
or use of any kit, pamphlet, booklet, publication, radio, television,
or film presentation designed to support or defeat legislation pending
before the Congress, except in presentation to the Congress itself.
Sec. 718. None of the funds appropriated by this or any other Act
may be used by an agency to provide a Federal employee's home address
to any labor organization except when the employee has authorized such
disclosure or when such disclosure has been ordered by a court of
competent jurisdiction.
Sec. 719. None of the funds made available in this Act or any
other Act may be used to provide any non-public information such as
mailing or telephone lists to any person or any organization outside of
the Federal Government without the approval of the Committees on
Appropriations of the House of Representatives and the Senate.
Sec. 720. No part of any appropriation contained in this or any
other Act shall be used directly or indirectly, including by private
contractor, for publicity or propaganda purposes within the United
States not heretofore authorized by the Congress.
Sec. 721. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under 5 U.S.C.
105;
(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 5 U.S.C. 6301(2), 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, the Chief Acquisition
Officers Council for procurement initiatives, and the Performance
Improvement Council for performance improvement 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 31 U.S.C. 1346, 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; 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 non-Federal government
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 to the Federal government 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 2010, no funds shall be available for
transfers or reimbursements to the E-Government initiatives sponsored
by the Office of Management and Budget prior to 15 days following
submission of a report to the Committees on Appropriations by the
Director of the Office of Management and Budget and receipt of approval
to transfer funds by the Committees on Appropriations of the House of
Representatives and the Senate.
(b) The report in subsection (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. 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. 735. 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. 736. 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. 737. 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. 738. (a) Definitions.--For purposes of this section the
following definitions apply:
(1) Great lakes.--The terms ``Great Lakes'' and ``Great
Lakes State'' have the same meanings as such terms have in
section 506 of the Water Resources Development Act of 2000 (42
U.S.C. 1962d-22).
(2) Great lakes restoration activities.--The term ``Great
Lakes restoration activities'' means any Federal or State
activity primarily or entirely within the Great Lakes watershed
that seeks to improve the overall health of the Great Lakes
ecosystem.
(b) Report.--Not later than 45 days after submission of the budget
of the President to Congress, the Director of the Office of Management
and Budget, in coordination with the Governor of each Great Lakes State
and the Great Lakes Interagency Task Force, shall submit to the
appropriate authorizing and appropriating committees of the Senate and
the House of Representatives a financial report, certified by the
Secretary of each agency that has budget authority for Great Lakes
restoration activities, containing--
(1) an interagency budget crosscut report that--
(A) displays the budget proposed, including any
planned interagency or intra-agency transfer, for each
of the Federal agencies that carries out Great Lakes
restoration activities in the upcoming fiscal year,
separately reporting the amount of funding to be
provided under existing laws pertaining to the Great
Lakes ecosystem; and
(B) identifies all expenditures since fiscal year
2004 by the Federal Government and State governments
for Great Lakes restoration activities;
(2) a detailed accounting of all funds received and
obligated by all Federal agencies and, to the extent available,
State agencies using Federal funds, for Great Lakes restoration
activities during the current and previous fiscal years;
(3) a budget for the proposed projects (including a
description of the project, authorization level, and project
status) to be carried out in the upcoming fiscal year with the
Federal portion of funds for activities; and
(4) a listing of all projects to be undertaken in the
upcoming fiscal year with the Federal portion of funds for
activities.
Sec. 739. (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. 740. 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. 741. Notwithstanding section 748 of division D of the Omnibus
Appropriations Act, 2009, the President may modify or replace Executive
Order No. 13423 if the President determines that a revised or new
Executive order will achieve equal or better environmental or energy
efficiency results in terms of emission of greenhouse gases, use of
renewable energy, reduction in water use, sustainable environmental
practices, toxic and hazardous chemicals, construction and renovation
practices, vehicle consumption of petroleum products, and use of
electronic equipment and its disposition and notifies the appropriate
committees of Congress at least 15 days in advance of the change.
Sec. 742. 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, 2009. 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.
Sec. 743. (a)(1) Not later than the end of the third quarter of
fiscal year 2010 and each subsequent fiscal year, and for each
department or agency not later than its inventory required under the
Federal Activities Inventory Reform Act of 1998 (Public Law 105-270),
the head of each Federal department or agency (other than the
Department of Defense) shall submit to Congress an annual inventory of
the activities performed during the preceding fiscal year pursuant to
contracts for services for or on behalf of such department or agency,
as the case may be. The entry for an activity on an inventory under
this section shall include, for the fiscal year covered by such entry,
the following:
(A) The functions performed by the contractor.
(B) The contracting organization, the component of the
department or agency administering the contract, and the
organization whose requirements are being met through
contractor performance of the function.
(C) The dollar size and funding source for the contract
under which the function is performed by appropriation and
operating agency.
(D) The fiscal year for which the activity first appeared
on an inventory under this section.
(E) The number of full-time contractor employees (or its
equivalent) paid for the performance of the activity.
(F) A determination whether the contract pursuant to which
the activity is performed is a personal services contract.
(G) Whether the contract has been performed pursuant to a
contract awarded on a noncompetitive basis, either originally
or upon a subsequent renewal.
(H) Whether the contract 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.
(2) The inventory required under this subsection shall be submitted
in unclassified form, but may include a classified annex.
(b) Not later than 30 days after the date on which an inventory
with respect to a department or agency is required to be submitted to
Congress under subsection (a), the head of such department or agency
shall--
(1) make the inventory available to the public; and
(2) publish in the Federal Register a notice that the
inventory is available to the public.
(c) Not later than 90 days after the date on which an inventory is
submitted under subsection (a), the head of the department or agency,
or component thereof, responsible for activities in the inventory
shall--
(1) review the contracts and activities in the inventory
for which such head is responsible;
(2) ensure that--
(A) each contract on the list that is a personal
services contract has been entered into, and is being
performed, in accordance with applicable statutory and
regulatory requirements;
(B) the activities on the list do not include any
inherently governmental functions; and
(C) to the maximum extent practicable, the
activities on the list do not include any functions
closely associated with inherently governmental
functions;
(3) identify activities that should be considered for
conversion--
(A) to performance by employees of the department
or agency; or
(B) to an acquisition approach that would be more
advantageous to the department or agency; and
(4) develop a plan to provide for appropriate consideration
of the conversion of activities identified under paragraph (3)
within a reasonable period of time.
(d) Nothing in this section shall be construed to authorize the
performance of personal services by a contractor except where expressly
authorized by a provision of law other than this section.
(e)(1) The term ``function closely associated with inherently
governmental functions'' means the functions described in section
7.503(d) of the Federal Acquisition Regulation.
(2) The term ``inherently governmental functions'' has the meaning
given such term in subpart 7.5 of part 7 of the Federal Acquisition
Regulation.
(3) The term ``personal services contract'' means a contract under
which, as a result of its terms or conditions or the manner of its
administration during performance, contractor personnel are subject to
the relatively continuous supervision and control of one or more
Government officers or employees, except that the giving of an order
for a specific article or service, with the right to reject the
finished product or result, is not the type of supervision or control
that makes a contract a personal services contract.
Sec. 744. Congress requests the President, and directs the
Attorney General, to transmit to each House of Congress, not later than
14 days after the date of the adoption of this Act, copies of any
portions of all documents, records, and communications in their
possession referring or relating to the notification of rights under
Miranda v. Arizona, 384 U.S. 436 (1966), by the Department of Justice,
including all component agencies, to captured foreign persons who are
suspected of terrorism and detainees in the custody of the Armed Forces
of the United States.
Sec. 745. (a) None of the funds made available in this or any other
Act may be used to obtain a financial or ownership interest (or right
to acquire such an interest) in an automobile manufacturer that
deprives an automobile dealer of its economic rights under a dealer
agreement and does not assume (or assign to a successor in interest)
each dealer agreement which is valid and in existence (and has not been
lawfully terminated under applicable State law) before the date of the
commencement of a case under title 11, United States Code, by such
automobile manufacturer.
(b) Any automobile manufacturer with respect to which the Federal
Government has a financial or ownership interest (or right to acquire
such an interest) shall, to the extent that a valid dealer agreement
existing immediately before the date of the commencement of a case
under title 11, United States Code, by such automobile manufacturer is
not assumed by or assigned to another automobile manufacturer, require
any new entity created in such case to enter into a new dealer
agreement with the dealer whose agreement was not so assumed or
assigned, and on the same terms as existed immediately before such
date.
Sec. 746. Except as expressly provided otherwise, any reference to
``this Act'' contained in any title other than title IV or VIII shall
not apply to such title IV or VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(including transfer of funds)
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 Federal 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 2010, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditures
for an agency through a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility
center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds have
been denied or restricted;
(5) reestablishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds in
excess of $3,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center,
unless the Committees on Appropriations of the House of Representatives
and the Senate and the President are notified in writing 15 days in
advance of the reprogramming.
(b) The District of Columbia government is authorized to approve
and execute reprogramming and transfer requests of local funds under
this title through November 1, 2010.
Sec. 806. Consistent with the provisions of section 1301(a) of
title 31, United States Code, appropriations under this Act shall be
applied only to the objects for which the appropriations were made
except as otherwise provided by law.
Sec. 807. None of the Federal funds 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. 808. Except as otherwise provided in this section, none of
the funds made available by this Act or by any other Act may be used to
provide any officer or employee of the District of Columbia with an
official vehicle unless the officer or employee uses the vehicle only
in the performance of the officer's or employee's official duties. For
purposes of this section, the term ``official duties'' does not include
travel between the officer's or employee's residence and workplace,
except in the case of--
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or a
District of Columbia government employee as may otherwise be
designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or
employee of the District of Columbia Fire and Emergency Medical
Services Department who resides in the District of Columbia and
is on call 24 hours a day or is otherwise designated by the
Fire Chief;
(3) at the discretion of the Director of the Department of
Corrections, an officer or employee of the District of Columbia
Department of Corrections who resides in the District of
Columbia and is on call 24 hours a day or is otherwise
designated by the Director;
(4) the Mayor of the District of Columbia; and
(5) the Chairman of the Council of the District of
Columbia.
Sec. 809. (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. 810. 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. 811. None of the Federal 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.
Sec. 812. None of the Federal 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. 813. (a) No later than 30 calendar days after the date of the
enactment of this Act, the Chief Financial Officer of the District of
Columbia shall submit to the appropriate committees of Congress, the
Mayor, and the Council of the District of Columbia, a revised
appropriated funds operating budget in the format of the budget that
the District of Columbia government submitted pursuant to section 442
of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.42), for all agencies of the District of Columbia government for
fiscal year 2010 that is in the total amount of the approved
appropriation and that realigns all budgeted data for personal services
and other-than-personal-services, respectively, with anticipated actual
expenditures.
(b) This section shall apply only to an agency for which the Chief
Financial Officer of the District of Columbia certifies that a
reallocation is required to address unanticipated changes in program
requirements.
Sec. 814. No later than 30 calendar days after the date of the
enactment of this Act, the Chief Financial Officer of the District of
Columbia shall submit to the appropriate committees of Congress, the
Mayor, and the Council for the District of Columbia, a revised
appropriated funds operating budget for the District of Columbia Public
Schools that aligns schools budgets to actual enrollment. The revised
appropriated funds budget shall be in the format of the budget that the
District of Columbia government submitted pursuant to section 442 of
the District of Columbia Home Rule Act (D.C. Official Code, Sec. 1-
204.42).
Sec. 815. 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. 816. None of the funds contained in this Act may be used to
distribute any needle or syringe for the hypodermic injection of any
illegal drug in any area of the District of Columbia which is within
1,000 feet of a public or private day care center, elementary school,
vocational school, secondary school, college, junior college, or
university, or any public swimming pool, park, playground, video
arcade, or youth center, or an event sponsored by any such entity.
Sec. 817. 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.
TITLE IX
ADDITIONAL GENERAL PROVISIONS
Sec. 901. None of the funds made available in this Act may be used
for first-class travel by the employees of Federal departments and
agencies in contravention of sections 301-10.122 through 301-10.124 of
title 41, Code of Federal Regulations.
This Act may be cited as the ``Financial Services and General
Government Appropriations Act, 2010''.
Passed the House of Representatives July 16, 2009.
Attest:
Clerk.
111th CONGRESS
1st Session
H. R. 3170
_______________________________________________________________________
AN ACT
Making appropriations for financial services and general government for
the fiscal year ending September 30, 2010, and for other purposes.