[United States Statutes at Large, Volume 123, 111th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]
123 STAT. 524
Public Law 111-8
111th Congress
An Act
Making omnibus appropriations for the fiscal year ending September 30,
2009, and for other purposes. <>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Omnibus Appropriations Act, 2009''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2009
Title I--Agricultural Programs
Title II--Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agency and Food and Drug Administration
Title VII--General Provisions
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2009
Title I--Department of Commerce
Title II--Department of Justice
Title III--Science
Title IV--Related Agencies
Title V--General Provisions
DIVISION C--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2009
Title I--Department of Defense--Civil: Department of the Army
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent Agencies
Title V--General Provisions
DIVISION D--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2009
Title I--Department of the Treasury
Title II--Executive Office of the President and Funds Appropriated to
the President
Title III--The Judiciary
Title IV--District of Columbia
Title V--Independent Agencies
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123 STAT. 525
Title VI--General Provisions--This Act
Title VII--General Provisions--Government-wide
Title VIII--General Provisions--District of Columbia
DIVISION E--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2009
Title I--Department of the Interior
Title II--Environmental Protection Agency
Title III--Related Agencies
Title IV--General Provisions
DIVISION F--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2009
Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions
Title VI--Afghan Allies Protection Act of 2009
DIVISION G--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2009
Title I--Legislative Branch Appropriations
Title II--General Provisions
DIVISION H--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2009
Title I--Department of State and Related Agency
Title II--United States Agency for International Development
Title III--Bilateral Economic Assistance
Title IV--International Security Assistance
Title V--Multilateral Assistance
Title VI--Export and Investment Assistance
Title VII--General Provisions
DIVISION I--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2009
Title I--Department of Transportation
Title II--Department of Housing and Urban Development
Title III--Related Agencies
Title IV--General Provisions This Act
DIVISION J--FURTHER PROVISIONS RELATING TO THE DEPARTMENT OF HOMELAND
SECURITY AND OTHER MATTERS
SEC. 3. <> REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act printed in the House of
Representatives section of the Congressional Record on or about February
23, 2009 by the Chairman of the Committee on Appropriations of the House
shall have the same effect with respect to the allocation of funds and
implementation of this Act as if it were a joint explanatory statement
of a committee of conference.
SEC. 5. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2009.
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123 STAT. 526
DIVISION A--AGRICULTURE, <> RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2009
TITLE I
AGRICULTURAL PROGRAMS
Production, Processing and Marketing
Office of the Secretary
For necessary expenses of the Office of the Secretary of
Agriculture, $5,174,000: Provided, That not to exceed $11,000 of this
amount shall be available for official reception and representation
expenses, not otherwise provided for, as determined by the Secretary.
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief Economist,
$10,651,000.
national appeals division
For necessary expenses of the National Appeals Division,
$14,711,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program Analysis,
$9,054,000.
office of homeland Security
For necessary expenses of the Office of Homeland Security, $974,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, $17,527,000.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial Officer,
$5,954,000: <> Provided, That no funds made available
by this appropriation may be obligated for FAIR Act or Circular A-76
activities until the Secretary has submitted to the Committees on
Appropriations of both Houses of Congress and the Committee on Oversight
and Government Reform of the House of Representatives a report on the
Department's contracting out policies, including agency budgets for
contracting out.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant Secretary for
Civil Rights, $871,000.
[[Page 527]]
123 STAT. 527
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $21,551,000.
Office of the Assistant Secretary for Administration
For necessary expenses of the Office of the Assistant Secretary for
Administration, $687,000.
Agriculture Buildings and Facilities and Rental Payments
(including transfers of funds)
For payment of space rental and related costs pursuant to Public Law
92-313, including authorities pursuant to the 1984 delegation of
authority from the Administrator of General Services to the Department
of Agriculture under 40 U.S.C. 486, for programs and activities of the
Department which are included in this Act, and for alterations and other
actions needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to the
Administrator of General Services, and for the operation, maintenance,
improvement, and repair of Agriculture buildings and facilities, and for
related costs, $244,244,000, to remain available until expended, of
which $168,901,000 shall be available for payments to the General
Services Administration for rent; of which $13,500,000 for payment to
the Department of Homeland Security for building security activities;
and of which $61,843,000 for buildings operations and maintenance
expenses: Provided, That the Secretary is authorized to transfer funds
from a Departmental agency to this account to recover the full cost of
the space and security expenses of that agency that are funded by this
account when the actual costs exceed the agency estimate which will be
available for the activities and payments described herein.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to comply
with the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601 et seq.) and the Resource Conservation and
Recovery Act (42 U.S.C. 6901 et seq.), $5,100,000, to remain available
until expended: Provided, That appropriations and funds available herein
to the Department for Hazardous Materials Management may be transferred
to any agency of the Department for its use in meeting all requirements
pursuant to the above Acts on Federal and non-Federal lands.
Departmental Administration
(including transfers of funds)
For Departmental Administration, $27,011,000, to provide for
necessary expenses for management support services to offices of the
Department and for general administration, security, repairs and
alterations, and other miscellaneous supplies and expenses not otherwise
provided for and necessary for the practical and
[[Page 528]]
123 STAT. 528
efficient work of the Department: Provided, That this appropriation
shall be reimbursed from applicable appropriations in this Act for
travel expenses incident to the holding of hearings as required by 5
U.S.C. 551-558.
Office of the Assistant Secretary for Congressional Relations
(including transfers of funds)
For necessary expenses of the Office of the Assistant Secretary for
Congressional Relations to carry out the programs funded by this Act,
including programs involving intergovernmental affairs and liaison
within the executive branch, $3,877,000: Provided, That these funds may
be transferred to agencies of the Department of Agriculture funded by
this Act to maintain personnel at the agency level: <> Provided further, That no funds made available
by this appropriation may be obligated after 30 days from the date of
enactment of this Act, unless the Secretary has notified the Committees
on Appropriations of both Houses of Congress on the allocation of these
funds by USDA agency: Provided further, That no other funds appropriated
to the Department by this Act shall be available to the Department for
support of activities of congressional relations.
Office of Communications
For necessary expenses of the Office of Communications, $9,514,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General, including
employment pursuant to the Inspector General Act of 1978, $85,766,000,
including such sums as may be necessary for contracting and other
arrangements with public agencies and private persons pursuant to
section 6(a)(9) of the Inspector General Act of 1978, and including not
to exceed $125,000 for certain confidential operational expenses,
including the payment of informants, to be expended under the direction
of the Inspector General pursuant to Public Law 95-452 and section 1337
of Public Law 97-98.
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$41,620,000.
Office of the Under Secretary for Research, Education and Economics
For necessary expenses of the Office of the Under Secretary for
Research, Education and Economics, $609,000.
Economic Research Service
For necessary expenses of the Economic Research Service,
$79,500,000.
[[Page 529]]
123 STAT. 529
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service, $151,565,000, of which up to $37,265,000 shall be available
until expended for the Census of Agriculture.
Agricultural Research Service
salaries and expenses
For necessary expenses of the Agricultural Research Service and for
acquisition of lands by donation, exchange, or purchase at a nominal
cost not to exceed $100, and for land exchanges where the lands
exchanged shall be of equal value or shall be equalized by a payment of
money to the grantor which shall not exceed 25 percent of the total
value of the land or interests transferred out of Federal ownership,
$1,140,406,000, of which $112,571,000 shall be for the purposes, and in
the amounts, specified in the table titled ``Agricultural Research
Service, Salaries and Expenses, Congressionally-designated Projects'' in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): <>
Provided, That appropriations hereunder shall be available for the
operation and maintenance of aircraft and the purchase of not to exceed
one for replacement only: Provided further, That appropriations
hereunder shall be available pursuant to 7 U.S.C. 2250 for the
construction, alteration, and repair of buildings and improvements, but
unless otherwise provided, the cost of constructing any one building
shall not exceed $375,000, except for headhouses or greenhouses which
shall each be limited to $1,200,000, and except for 10 buildings to be
constructed or improved at a cost not to exceed $750,000 each, and the
cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the building or
$375,000, whichever is greater: <> Provided further,
That the limitations on alterations contained in this Act shall not
apply to modernization or replacement of existing facilities at
Beltsville, Maryland: Provided further, That appropriations hereunder
shall be available for granting easements at the Beltsville Agricultural
Research Center: Provided further, That the foregoing limitations shall
not apply to replacement of buildings needed to carry out the Act of
April 24, 1948 (21 U.S.C. 113a): Provided further, That funds may be
received from any State, other political subdivision, organization, or
individual for the purpose of establishing or operating any research
facility or research project of the Agricultural Research Service, as
authorized by law.
buildings and facilities
For acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities as
necessary to carry out the agricultural research programs of the
Department of Agriculture, where not otherwise provided, $46,752,000, of
which $46,752,000 shall be for the purposes, and in the amounts,
specified in the table titled ``Agricultural Research Service, Buildings
and Facilities Congressionally-designated Projects'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), to remain available until expended.
[[Page 530]]
123 STAT. 530
Cooperative State Research, Education, and Extension Service
research and education activities
For payments to agricultural experiment stations, for cooperative
forestry and other research, for facilities, and for other expenses,
$691,043,000, of which $113,275,000 shall be for the purposes, and in
the amounts, specified in the table titled ``Cooperative State Research,
Education, and Extension Service, Research and Education Activities,
Congressionally-designated Projects'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), as follows: to carry out the provisions of the Hatch
Act of 1887 (7 U.S.C. 361a-i), $207,106,000; for grants for cooperative
forestry research (16 U.S.C. 582a through a-7), $27,535,000; for
payments to eligible institutions (7 U.S.C. 3222), $45,504,000, provided
that each institution receives no less than $1,000,000; for special
grants (7 U.S.C. 450i(c)), $84,499,000; for competitive grants on
improved pest control (7 U.S.C. 450i(c)), $15,945,000; for competitive
grants (7 U.S.C. 450(i)(b)), $201,504,000, to remain available until
expended; for the support of animal health and disease programs (7
U.S.C. 3195), $2,950,000; for supplemental and alternative crops and
products (7 U.S.C. 3319d), $819,000; for grants for research pursuant to
the Critical Agricultural Materials Act (7 U.S.C. 178 et seq.),
$1,083,000, to remain available until expended; for the 1994 research
grants program for 1994 institutions pursuant to section 536 of Public
Law 103-382 (7 U.S.C. 301 note), $1,610,000, to remain available until
expended; for rangeland research grants (7 U.S.C. 3333), $983,000; for
higher education graduate fellowship grants (7 U.S.C. 3152(b)(6)),
$3,859,000, to remain available until expended (7 U.S.C. 2209b); for a
program pursuant to section 1415A of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3151a), $2,950,000,
to remain available until expended; for higher education challenge
grants (7 U.S.C. 3152(b)(1)), $5,654,000; for a higher education
multicultural scholars program (7 U.S.C. 3152(b)(5)), $981,000, to
remain available until expended (7 U.S.C. 2209b); for an education
grants program for Hispanic-serving Institutions (7 U.S.C. 3241),
$6,237,000; for competitive grants for the purpose of carrying out all
provisions of 7 U.S.C. 3156 to individual eligible institutions or
consortia of eligible institutions in Alaska and in Hawaii, with funds
awarded equally to each of the States of Alaska and Hawaii, $3,196,000;
for a secondary agriculture education program and 2-year post-secondary
education (7 U.S.C. 3152(j)), $983,000; for aquaculture grants (7 U.S.C.
3322), $3,928,000; for sustainable agriculture research and education (7
U.S.C. 5811), $14,399,000; for a program of capacity building grants (7
U.S.C. 3152(b)(4)) to institutions eligible to receive funds under 7
U.S.C. 3221 and 3222, $15,000,000, to remain available until expended (7
U.S.C. 2209b); for payments to the 1994 Institutions pursuant to section
534(a)(1) of Public Law 103-382, $3,342,000; for resident instruction
grants for insular areas under section 1491 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3363),
$800,000; for a new era rural technology program pursuant to section
1473E of the National Agricultural Research, Extension, and Teaching Act
of 1977 (7 U.S.C. 3319e), $750,000; and for necessary expenses of
Research and Education Activities,
[[Page 531]]
123 STAT. 531
$39,426,000, of which $2,704,000 for the Research, Education, and
Economics Information System and $2,136,000 for the Electronic Grants
Information System, are to remain available until expended.
native american institutions endowment fund
For the Native American Institutions Endowment Fund authorized by
Public Law 103-382 (7 U.S.C. 301 note), $11,880,000, to remain available
until expended.
extension activities
For payments to States, the District of Columbia, Puerto Rico, Guam,
the Virgin Islands, Micronesia, the Northern Marianas, and American
Samoa, $474,250,000, of which $9,388,000 shall be for the purposes, and
in the amounts, specified in the table titled ``Cooperative State
Research, Education, and Extension Service, Extension Activities,
Congressionally-designated Projects'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), as follows: payments for cooperative extension work
under the Smith-Lever Act, to be distributed under sections 3(b) and
3(c) of said Act, and under section 208(c) of Public Law 93-471, for
retirement and employees' compensation costs for extension agents,
$288,548,000; payments for extension work at the 1994 Institutions under
the Smith-Lever Act (7 U.S.C. 343(b)(3)), $3,321,000; payments for the
nutrition and family education program for low-income areas under
section 3(d) of the Act, $66,155,000; payments for the pest management
program under section 3(d) of the Act, $9,791,000; payments for the farm
safety program under section 3(d) of the Act, $4,863,000; payments for
New Technologies for Ag Extension under section 3(d) of the Act,
$1,500,000; payments to upgrade research, extension, and teaching
facilities at institutions eligible to receive funds under 7 U.S.C. 3221
and 3222, $18,000,000, to remain available until expended; payments for
youth-at-risk programs under section 3(d) of the Smith-Lever Act,
$8,182,000; for youth farm safety education and certification extension
grants, to be awarded competitively under section 3(d) of the Act,
$479,000; payments for carrying out the provisions of the Renewable
Resources Extension Act of 1978 (16 U.S.C. 1671 et seq.), $4,008,000;
payments for the federally-recognized Tribes Extension Program under
section 3(d) of the Smith-Lever Act, $3,000,000; payments for
sustainable agriculture programs under section 3(d) of the Act,
$4,568,000; payments for rural health and safety education as authorized
by section 502(i) of Public Law 92-419 (7 U.S.C. 2662(i)), $1,738,000;
payments for cooperative extension work by eligible institutions (7
U.S.C. 3221), $40,150,000, provided that each institution receives no
less than $1,000,000; for grants to youth organizations pursuant to 7
U.S.C. 7630, $1,767,000; payments to carry out the food animal residue
avoidance database program as authorized by 7 U.S.C. 7642, $806,000; and
for necessary expenses of Extension Activities, $17,374,000.
integrated activities
For the integrated research, education, and extension grants
programs, including necessary administrative expenses, $56,864,000, as
follows: for competitive grants programs authorized
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123 STAT. 532
under section 406 of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7626), $41,990,000, including $12,649,000
for the water quality program, $14,596,000 for the food safety program,
$4,096,000 for the regional pest management centers program, $4,388,000
for the Food Quality Protection Act risk mitigation program for major
food crop systems, $1,365,000 for the crops affected by Food Quality
Protection Act implementation, $3,054,000 for the methyl bromide
transition program, and $1,842,000 for the organic transition program;
for a competitive international science and education grants program
authorized under section 1459A of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3292b), to remain
available until expended, $3,000,000; for grants programs authorized
under section 2(c)(1)(B) of Public Law 89-106, as amended, $732,000, to
remain available until September 30, 2010, for the critical issues
program; $1,312,000 for the regional rural development centers program;
and $9,830,000 for the Food and Agriculture Defense Initiative
authorized under section 1484 of the National Agricultural Research,
Extension, and Teaching Act of 1977, to remain available until September
30, 2010.
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary for
Marketing and Regulatory Programs, $737,000.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Animal and Plant Health Inspection
Service, including up to $30,000 for representation allowances and for
expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C. 4085),
$876,675,000, of which $23,494,000 shall be for the purposes, and in the
amounts, specified in the table titled ``Animal and Plant Health
Inspection Service, Congressionally-designated Projects'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), of which $2,025,000 shall be
available for the control of outbreaks of insects, plant diseases,
animal diseases and for control of pest animals and birds to the extent
necessary to meet emergency conditions; of which $29,590,000 shall be
used for the cotton pests program for cost share purposes or for debt
retirement for active eradication zones; of which $14,500,000 shall be
for a National Animal Identification program, of which $3,500,000 is for
information technology infrastructure and services, and $9,395,000 is
for field implementation, and $1,605,000 is for program administration;
of which $60,594,000 shall be used to prevent and control avian
influenza and shall remain available until expended; of which $1,015,000
of the plum pox program shall remain available until September 30, 2010:
Provided, That funds provided for the contingency fund to meet emergency
conditions, information technology infrastructure, fruit fly program,
emerging plant pests, cotton pests program, grasshopper and mormon
cricket program, the National Veterinary Stockpile, up to $12,895,000 in
animal health monitoring
[[Page 533]]
123 STAT. 533
and surveillance for the animal identification system, up to $1,500,000
in the scrapie program for indemnities, up to $1,000,000 for wildlife
services methods development, up to $1,000,000 of the wildlife services
operations program for aviation safety, and up to 25 percent of the
screwworm program shall remain available until expended: Provided
further, That no funds shall be used to formulate or administer a
brucellosis eradication program for the current fiscal year that does
not require minimum matching by the States of at least 40 percent:
Provided further, That this appropriation shall be available for the
operation and maintenance of aircraft and the purchase of not to exceed
four, of which two shall be for replacement only: Provided further,
That, in addition, in emergencies which threaten any segment of the
agricultural production industry of this country, the Secretary may
transfer from other appropriations or funds available to the agencies or
corporations of the Department such sums as may be deemed necessary, to
be available only in such emergencies for the arrest and eradication of
contagious or infectious disease or pests of animals, poultry, or
plants, and for expenses in accordance with sections 10411 and 10417 of
the Animal Health Protection Act (7 U.S.C. 8310 and 8316) and sections
431 and 442 of the Plant Protection Act (7 U.S.C. 7751 and 7772), and
any unexpended balances of funds transferred for such emergency purposes
in the preceding fiscal year shall be merged with such transferred
amounts: Provided further, That appropriations hereunder shall be
available pursuant to law (7 U.S.C. 2250) for the repair and alteration
of leased buildings and improvements, but unless otherwise provided the
cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the building.
In fiscal year 2009, the agency is authorized to collect fees to
cover the total costs of providing technical assistance, goods, or
services requested by States, other political subdivisions, domestic and
international organizations, foreign governments, or individuals,
provided that such fees are structured such that any entity's liability
for such fees is reasonably based on the technical assistance, goods, or
services provided to the entity by the agency, and such fees shall be
credited to this account, to remain available until expended, without
further appropriation, for providing such assistance, goods, or
services.
BUILDINGS AND FACILITIES
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and purchase
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and
acquisition of land as authorized by 7 U.S.C. 428a, $4,712,000, to
remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing Service,
$86,711,000: Provided, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but the cost of altering any one
[[Page 534]]
123 STAT. 534
building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
Fees may be collected for the cost of standardization activities, as
established by regulation pursuant to law (31 U.S.C. 9701).
limitation on administrative expenses
Not to exceed $62,888,000 (from fees collected) shall be obligated
during the current fiscal year for administrative expenses: Provided,
That <> if crop size is understated and/or other
uncontrollable events occur, the agency may exceed this limitation by up
to 10 percent with notification to the Committees on Appropriations of
both Houses of Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), shall be used only for commodity program expenses as
authorized therein, and other related operating expenses, including not
less than $10,000,000 for replacement of a system to support commodity
purchases, except for: (1) transfers to the Department of Commerce as
authorized by the Fish and Wildlife Act of August 8, 1956; (2) transfers
otherwise provided in this Act; and (3) not more than $17,270,000 for
formulation and administration of marketing agreements and orders
pursuant to the Agricultural Marketing Agreement Act of 1937 and the
Agricultural Act of 1961.
payments to states and possessions
For payments to departments of agriculture, bureaus and departments
of markets, and similar agencies for marketing activities under section
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
$1,334,000.
Grain Inspection, Packers and Stockyards Administration
salaries and expenses
For necessary expenses of the Grain Inspection, Packers and
Stockyards Administration, $40,342,000: Provided, That this
appropriation shall be available pursuant to law (7 U.S.C. 2250) for the
alteration and repair of buildings and improvements, but the cost of
altering any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building.
limitation on inspection and weighing services expenses
Not to exceed $42,463,000 (from fees collected) shall be obligated
during the current fiscal year for inspection and weighing services:
Provided, That <> if grain export activities
require additional supervision and oversight, or other uncontrollable
factors occur, this limitation may be exceeded by up to 10 percent with
notification to the Committees on Appropriations of both Houses of
Congress.
[[Page 535]]
123 STAT. 535
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary for Food
Safety, $613,000.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by the
Federal Meat Inspection Act, the Poultry Products Inspection Act, and
the Egg Products Inspection Act, including not to exceed $50,000 for
representation allowances and for expenses pursuant to section 8 of the
Act approved August 3, 1956 (7 U.S.C. 1766), $971,566,000; and in
addition, $1,000,000 may be credited to this account from fees collected
for the cost of laboratory accreditation as authorized by section 1327
of the Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C.
138f): <> Provided, That no fewer than 120
full-time equivalent positions shall be employed during fiscal year 2009
for purposes dedicated solely to inspections and enforcement related to
the Humane Methods of Slaughter Act: Provided further, That of the
amount available under this heading, $3,000,000 shall be obligated to
maintain the Humane Animal Tracking System as part of the Public Health
Data Communication Infrastructure System: Provided further, That this
appropriation shall be available pursuant to law (7 U.S.C. 2250) for the
alteration and repair of buildings and improvements, but the cost of
altering any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building.
Office of the Under Secretary for Farm and Foreign Agricultural Services
For necessary expenses of the Office of the Under Secretary for Farm
and Foreign Agricultural Services, $646,000.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency, $1,170,273,000:
Provided, That the Secretary is authorized to use the services,
facilities, and authorities (but not the funds) of the Commodity Credit
Corporation to make program payments for all programs administered by
the Agency: Provided further, That other funds made available to the
Agency for authorized activities may be advanced to and merged with this
account.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural Credit Act
of 1987, as amended (7 U.S.C. 5101-5106), $4,369,000.
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security Act of
1985 (16 U.S.C. 3839bb-2), $5,000,000, to remain available until
expended.
[[Page 536]]
123 STAT. 536
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity payments to
dairy farmers and manufacturers of dairy products under a dairy
indemnity program, such sums as may be necessary, to remain available
until expended: Provided, That such program is carried out by the
Secretary in the same manner as the dairy indemnity program described in
the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2001 (Public Law 106-387, 114 Stat.
1549A-12).
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7
U.S.C. 1941 et seq.) loans, Indian tribe land acquisition loans (25
U.S.C. 488), and boll weevil loans (7 U.S.C. 1989), to be available from
funds in the Agricultural Credit Insurance Fund, as follows: farm
ownership loans, $1,461,066,000, of which $1,238,768,000 shall be for
unsubsidized guaranteed loans and $222,298,000 shall be for direct
loans; operating loans, $1,862,578,000, of which $1,017,497,000 shall be
for unsubsidized guaranteed loans, $269,986,000 shall be for subsidized
guaranteed loans and $575,095,000 shall be for direct loans; Indian
tribe land acquisition loans, $3,940,000; and for boll weevil
eradication program loans, $100,000,000: Provided, That <> the Secretary shall deem the pink bollworm to be a boll
weevil for the purpose of boll weevil eradication program loans.
For the cost of direct and guaranteed loans, including the cost of
modifying loans as defined in section 502 of the Congressional Budget
Act of 1974, as follows: farm ownership loans, $16,803,000, of which
$4,088,000 shall be for unsubsidized guaranteed loans, and $12,715,000
shall be for direct loans; operating loans, $130,371,000, of which
$25,336,000 shall be for unsubsidized guaranteed loans, $37,231,000
shall be for subsidized guaranteed loans, and $67,804,000 shall be for
direct loans; and Indian tribe land acquisition loans, $248,000.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $317,323,000, of which $309,403,000
shall be transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit Insurance
Program Account for farm ownership and operating direct loans and
guaranteed loans may be transferred among these programs: Provided,
That <> the Committees on Appropriations
of both Houses of Congress are notified at least 15 days in advance of
any transfer.
Risk Management Agency
For necessary expenses of the Risk Management Agency, $77,177,000:
Provided, That the funds made available under section 522(e) of the
Federal Crop Insurance Act (7 U.S.C. 1522(e)) may be used for the Common
Information Management System: Provided
[[Page 537]]
123 STAT. 537
further, That not to exceed $1,000 shall be available for official
reception and representation expenses, as authorized by 7 U.S.C.
1506(i).
CORPORATIONS
The following corporations and agencies are hereby authorized to
make expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law, and
to make contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act as may be necessary in carrying out the programs set forth
in the budget for the current fiscal year for such corporation or
agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop
Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain
available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary to
reimburse the Commodity Credit Corporation for net realized losses
sustained, but not previously reimbursed, pursuant to section 2 of the
Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the funds
available to the Commodity Credit Corporation under section 11 of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the
conduct of its business with the Foreign Agricultural Service, up to
$5,000,000 may be transferred to and used by the Foreign Agricultural
Service for information resource management activities of the Foreign
Agricultural Service that are not related to Commodity Credit
Corporation business.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit Corporation shall
not expend more than $5,000,000 for site investigation and cleanup
expenses, and operations and maintenance expenses to comply with the
requirement of section 107(g) of the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Resource Conservation and Recovery Act (42 U.S.C.
6961).
[[Page 538]]
123 STAT. 538
TITLE II
CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
For necessary expenses of the Office of the Under Secretary for
Natural Resources and Environment, $758,000.
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of the Act of
April 27, 1935 (16 U.S.C. 590a-f), including preparation of conservation
plans and establishment of measures to conserve soil and water
(including farm irrigation and land drainage and such special measures
for soil and water management as may be necessary to prevent floods and
the siltation of reservoirs and to control agricultural related
pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of information;
acquisition of lands, water, and interests therein for use in the plant
materials program by donation, exchange, or purchase at a nominal cost
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); purchase and erection or alteration or improvement of permanent
and temporary buildings; and operation and maintenance of aircraft,
$853,400,000, to remain available until September 30, 2010, of which
$31,650,000 shall be for the purposes, and in the amounts, specified in
the table titled ``Natural Resources Conservation Service, Conservation
Operations Congressionally-designated Projects'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That appropriations hereunder shall be
available pursuant to 7 U.S.C. 2250 for construction and improvement of
buildings and public improvements at plant materials centers, except
that the cost of alterations and improvements to other buildings and
other public improvements shall not exceed $250,000: Provided further,
That when buildings or other structures are erected on non-Federal land,
that the right to use such land is obtained as provided in 7 U.S.C.
2250a.
watershed and flood prevention operations
For necessary expenses to carry out preventive measures, including
but not limited to research, engineering operations, methods of
cultivation, the growing of vegetation, rehabilitation of existing works
and changes in use of land, in accordance with the Watershed Protection
and Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-1009), the
provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f), and in
accordance with the provisions of laws relating to the activities of the
Department, $24,289,000, to remain available until expended, of which
$23,643,000 shall be for the purposes, and in the amounts, specified in
the table titled ``Natural Resources Conservation Service, Watershed and
Flood Prevention Operations Congressionally-designated Projects'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided, That not
[[Page 539]]
123 STAT. 539
to exceed $15,000,000 of this appropriation shall be available for
technical assistance.
watershed rehabilitation program
For necessary expenses to carry out rehabilitation of structural
measures, in accordance with section 14 of the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1012), and in accordance with the
provisions of laws relating to the activities of the Department,
$40,000,000, to remain available until expended.
resource conservation and development
For necessary expenses in planning and carrying out projects for
resource conservation and development and for sound land use pursuant to
the provisions of sections 31 and 32 of the Bankhead-Jones Farm Tenant
Act (7 U.S.C. 1010-1011; 76 Stat. 607); the Act of April 27, 1935 (16
U.S.C. 590a-f); and subtitle H of title XV of the Agriculture and Food
Act of 1981 (16 U.S.C. 3451-3461), $50,730,000: Provided, That not to
exceed $3,073,000 shall be available for national headquarters
activities.
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary expenses of the Office of the Under Secretary for
Rural Development, $646,000.
Rural Development Salaries and Expenses
(including transfers of funds)
For necessary expenses for carrying out the administration and
implementation of programs in the Rural Development mission area,
including activities with institutions concerning the development and
operation of agricultural cooperatives; and for cooperative agreements;
$192,484,000: Provided, That notwithstanding any other provision of law,
funds appropriated under this section may be used for advertising and
promotional activities that support the Rural Development mission area:
Provided further, That not more than $10,000 may be expended to provide
modest nonmonetary awards to non-USDA employees: Provided further, That
any balances available from prior years for the Rural Utilities Service,
Rural Housing Service, and the Rural Business-Cooperative Service
salaries and expenses accounts shall be transferred to and merged with
this appropriation.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of 1949, to
be available from funds in the rural housing insurance
[[Page 540]]
123 STAT. 540
fund, as follows: $7,345,347,000 for loans to section 502 borrowers, of
which $1,121,488,000 shall be for direct loans, and of which
$6,223,859,000 shall be for unsubsidized guaranteed loans; $34,410,000
for section 504 housing repair loans; $69,512,000 for section 515 rental
housing; $129,090,000 for section 538 guaranteed multi-family housing
loans; $5,045,000 for section 524 site loans; $11,447,000 for credit
sales of acquired property, of which up to $1,447,000 may be for multi-
family credit sales; and $4,970,000 for section 523 self-help housing
land development loans.
For the cost of direct and guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, as follows: section 502 loans, $154,407,000, of which
$75,364,000 shall be for direct loans, and of which $79,043,000, to
remain available until expended, shall be for unsubsidized guaranteed
loans; section 504 housing repair loans, $9,246,000; repair,
rehabilitation, and new construction of section 515 rental housing,
$28,611,000; section 538 multi-family housing guaranteed loans,
$8,082,000; credit sales of acquired property, $523,000; and section 523
self-help housing and development loans, $82,000: Provided, That of the
total amount appropriated in this paragraph, $2,500,000 shall be
available through June 30, 2009, for authorized empowerment zones and
enterprise communities and communities designated by the Secretary of
Agriculture as Rural Economic Area Partnership Zones: Provided further,
That, for applications received under the 2009 notice of funding
availability, section 538 multi-family housing guaranteed loans funded
pursuant to this paragraph shall not be subject to a guarantee fee and
the interest on such loans may not be subsidized: Provided further, That
any balances for a demonstration program for the preservation and
revitalization of the section 515 multi-family rental housing properties
as authorized by Public Law 109-97 and Public Law 110-5 shall be
transferred to and merged with the ``Rural Housing Service, Multi-family
Housing Revitalization Program Account''.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $460,217,000, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed pursuant to
the authority under section 521(a)(2) or agreements entered into in lieu
of debt forgiveness or payments for eligible households as authorized by
section 502(c)(5)(D) of the Housing Act of 1949, $902,500,000, to remain
available through September 30, 2010; and, in addition, such sums as may
be necessary, as authorized by section 521(c) of the Act, to liquidate
debt incurred prior to fiscal year 1992 to carry out the rental
assistance program under section 521(a)(2) of the Act: Provided, That of
this amount, up to $5,958,000 shall be available for debt forgiveness or
payments for eligible households as authorized by section 502(c)(5)(D)
of the Act, and not to exceed $50,000 per project for advances to
nonprofit organizations or public agencies to cover direct costs (other
than purchase price) incurred in purchasing projects pursuant to section
502(c)(5)(C) of the Act: Provided further, That of this amount not less
than $2,030,000 is available for newly constructed units financed by
section 515 of the Housing Act of 1949, and not less
[[Page 541]]
123 STAT. 541
than $3,400,000 is for newly constructed units financed under sections
514 and 516 of the Housing Act of 1949: <> Provided
further, That rental assistance agreements entered into or renewed
during the current fiscal year shall be funded for a one-year period:
Provided further, That any unexpended balances remaining at the end of
such one-year agreements may be transferred and used for the purposes of
any debt reduction; maintenance, repair, or rehabilitation of any
existing projects; preservation; and rental assistance activities
authorized under title V of the Act: Provided further, That rental
assistance provided under agreements entered into prior to fiscal year
2009 for a farm labor multi-family housing project financed under
section 514 or 516 of the Act may not be recaptured for use in another
project until such assistance has remained unused for a period of 12
consecutive months, if such project has a waiting list of tenants
seeking such assistance or the project has rental assistance eligible
tenants who are not receiving such assistance: <>
Provided further, That such recaptured rental assistance shall, to the
extent practicable, be applied to another farm labor multi-family
housing project financed under section 514 or 516 of the Act.
multi-family housing revitalization program account
For the rural housing voucher program as authorized under section
542 of the Housing Act of 1949, but notwithstanding subsection (b) of
such section, for the cost to conduct a housing demonstration program to
provide revolving loans for the preservation of low-income multi-family
housing projects, and for additional costs to conduct a demonstration
program for the preservation and revitalization of multi-family rental
housing properties described in this paragraph, $27,714,000, to remain
available until expended: Provided, That <> of the
funds made available under this heading, $4,965,000 shall be available
for rural housing vouchers to any low-income household (including those
not receiving rental assistance) residing in a property financed with a
section 515 loan which has been prepaid after September 30, 2005:
Provided further, That the amount of such voucher shall be the
difference between comparable market rent for the section 515 unit and
the tenant paid rent for such unit: Provided further, That funds made
available for such vouchers shall be subject to the availability of
annual appropriations: Provided further, That the Secretary shall, to
the maximum extent practicable, administer such vouchers with current
regulations and administrative guidance applicable to section 8 housing
vouchers administered by the Secretary of the Department of Housing and
Urban Development (including the ability to pay administrative costs
related to delivery of the voucher funds): Provided further, That if the
Secretary determines that the amount made available for vouchers in this
or any other Act is not needed for vouchers, the Secretary may use such
funds for the demonstration programs for the preservation and
revitalization of multi-family rental housing properties described in
this paragraph: <> Provided further, That of the funds
made available under this heading, $2,889,000 shall be available for the
cost of loans to private non-profit organizations, or such non-profit
organizations' affiliate loan funds and State and local housing finance
agencies, to carry out a housing demonstration program to provide
revolving loans for the preservation of low-income multi-family housing
projects: Provided further, That loans under such demonstration program
shall
[[Page 542]]
123 STAT. 542
have an interest rate of not more than 1 percent direct loan to the
recipient: Provided further, That the Secretary may defer the interest
and principal payment to the Rural Housing Service for up to 3 years and
the term of such loans shall not exceed 30 years: Provided further, That
of the funds made available under this heading, $19,860,000 shall be
available for a demonstration program for the preservation and
revitalization of the section 514, 515, and 516 multi-family rental
housing properties to restructure existing USDA multi-family housing
loans, as the Secretary deems appropriate, expressly for the purposes of
ensuring the project has sufficient resources to preserve the project
for the purpose of providing safe and affordable housing for low-income
residents and farm laborers including reducing or eliminating interest;
deferring loan payments, subordinating, reducing or reamortizing loan
debt; and other financial assistance including advances, payments and
incentives (including the ability of owners to obtain reasonable returns
on investment) required by the Secretary: Provided further, That the
Secretary shall as part of the preservation and revitalization agreement
obtain a restrictive use agreement consistent with the terms of the
restructuring: Provided further, That if the Secretary determines that
additional funds for vouchers described in this paragraph are needed,
funds for the preservation and revitalization demonstration program may
be used for such vouchers: Provided further, That the Secretary may use
any unobligated funds appropriated for the rural housing voucher program
in a prior fiscal year to support information technology activities of
the Rural Housing Service to the extent the Secretary determines that
additional funds are not needed for this fiscal year to provide vouchers
described in this paragraph: Provided further, That if Congress enacts
legislation to permanently authorize a section 515 multi-family rental
housing loan restructuring program similar to the demonstration program
described herein, the Secretary may use funds made available for the
demonstration program under this heading to carry out such legislation
with the prior approval of the Committees on Appropriations of both
Houses of Congress.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $38,727,000, to remain available
until expended: Provided, That of the total amount appropriated,
$1,000,000 shall be available through June 30, 2009, for authorized
empowerment zones and enterprise communities and communities designated
by the Secretary of Agriculture as Rural Economic Area Partnership
Zones.
rural housing assistance grants
(including transfer of funds)
For grants and contracts for very low-income housing repair,
supervisory and technical assistance, compensation for construction
defects, and rural housing preservation made by the Rural Housing
Service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e, and 1490m,
$41,500,000, to remain available until expended: Provided, That of the
total amount appropriated, $1,200,000 shall be available through June
30, 2009, for authorized empowerment zones and
[[Page 543]]
123 STAT. 543
enterprise communities and communities designated by the Secretary of
Agriculture as Rural Economic Area Partnership Zones: Provided further,
That any balances to carry out a housing demonstration program to
provide revolving loans for the preservation of low-income multi-family
housing projects as authorized in Public Law 108-447 and Public Law 109-
97 shall be transferred to and merged with the ``Rural Housing Service,
Multi-family Housing Revitalization Program Account''.
farm labor program account
For the cost of direct loans, grants, and contracts, as authorized
by 42 U.S.C. 1484 and 1486, $18,269,000, to remain available until
expended, for direct farm labor housing loans and domestic farm labor
housing grants and contracts.
Rural Community Facilities Program Account
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants for rural
community facilities programs as authorized by section 306 and described
in section 381E(d)(1) of the Consolidated Farm and Rural Development
Act, $63,830,000, to remain available until expended: Provided, That
$6,256,000 of the amount appropriated under this heading shall be
available for a Rural Community Development Initiative: Provided
further, That such funds shall be used solely to develop the capacity
and ability of private, nonprofit community-based housing and community
development organizations, low-income rural communities, and Federally
Recognized Native American Tribes to undertake projects to improve
housing, community facilities, community and economic development
projects in rural areas: Provided further, That such funds shall be made
available to qualified private, nonprofit and public intermediary
organizations proposing to carry out a program of financial and
technical assistance: Provided further, That such intermediary
organizations shall provide matching funds from other sources, including
Federal funds for related activities, in an amount not less than funds
provided: Provided further, That $10,000,000 of the amount appropriated
under this heading shall be to provide grants for facilities in rural
communities with extreme unemployment and severe economic depression
(Public Law 106-387), with up to 5 percent for administration and
capacity building in the State rural development offices: Provided
further, That $3,972,000 of the amount appropriated under this heading
shall be available for community facilities grants to tribal colleges,
as authorized by section 306(a)(19) of such Act: Provided further, That
not to exceed $1,000,000 of the amount appropriated under this heading
shall be available through June 30, 2009, for authorized empowerment
zones and enterprise communities and communities designated by the
Secretary of Agriculture as Rural Economic Area Partnership Zones for
the rural community programs described in section 381E(d)(1) of the
Consolidated Farm and Rural Development Act: Provided further, That
sections 381E-H and 381N of the Consolidated Farm and Rural Development
Act are not applicable to the funds made available under this heading:
Provided further, That any prior balances in the Rural Development,
Rural Community Advancement Program account for programs authorized
[[Page 544]]
123 STAT. 544
by section 306 and described in section 381E(d)(1) of such Act be
transferred and merged with this account and any other prior balances
from the Rural Development, Rural Community Advancement Program account
that the Secretary determines is appropriate to transfer.
Rural Business--Cooperative Service
rural business program account
(including transfers of funds)
For the cost of loan guarantees and grants, for the rural business
development programs authorized by sections 306 and 310B and described
in sections 310B(f) and 381E(d)(3) of the Consolidated Farm and Rural
Development Act, $87,385,000, to remain available until expended:
Provided, That of the amount appropriated under this heading, not to
exceed $500,000 shall be made available for a grant to a qualified
national organization to provide technical assistance for rural
transportation in order to promote economic development and $2,979,000
shall be for grants to the Delta Regional Authority (7 U.S.C. 1921 et
seq.) for any Rural Community Advancement Program purpose as described
in section 381E(d) of the Consolidated Farm and Rural Development Act,
of which not more than 5 percent may be used for administrative
expenses: Provided further, That $4,000,000 of the amount appropriated
under this heading shall be for business grants to benefit Federally
Recognized Native American Tribes, including $250,000 for a grant to a
qualified national organization to provide technical assistance for
rural transportation in order to promote economic development: Provided
further, That not to exceed $8,300,000 of the amount appropriated under
this heading shall be available through June 30, 2009, for authorized
empowerment zones and enterprise communities and communities designated
by the Secretary of Agriculture as Rural Economic Area Partnership Zones
for the rural business and cooperative development programs described in
section 381E(d)(3) of the Consolidated Farm and Rural Development Act:
Provided further, That sections 381E-H and 381N of the Consolidated Farm
and Rural Development Act are not applicable to funds made available
under this heading: Provided further, That any prior balances in the
Rural Development, Rural Community Advancement Program account for
programs authorized by sections 306 and 310B and described in sections
310B(f) and 381E(d)(3) of such Act be transferred and merged with this
account and any other prior balances from the Rural Development, Rural
Community Advancement Program account that the Secretary determines is
appropriate to transfer.
rural development loan fund program account
(including transfer of funds)
For the principal amount of direct loans, as authorized by the Rural
Development Loan Fund (42 U.S.C. 9812(a)), $33,536,000.
For the cost of direct loans, $14,035,000, as authorized by the
Rural Development Loan Fund (42 U.S.C. 9812(a)), of which $1,724,000
shall be available through June 30, 2009, for Federally Recognized
Native American Tribes and of which $3,449,000 shall be available
through June 30, 2009, for Mississippi Delta Region
[[Page 545]]
123 STAT. 545
counties (as determined in accordance with Public Law 100-460):
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 of the total amount appropriated, $880,000
shall be available through June 30, 2009, for the cost of direct loans
for authorized empowerment zones and enterprise communities and
communities designated by the Secretary of Agriculture as Rural Economic
Area Partnership Zones.
In addition, for administrative expenses to carry out the direct
loan programs, $4,853,000 shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and Expenses''.
Rural Economic Development Loans Program Account
(including rescission of funds)
For the principal amount of direct loans, as authorized under
section 313 of the Rural Electrification Act, for the purpose of
promoting rural economic development and job creation projects,
$33,077,000.
Of the funds derived from interest on the cushion of credit
payments, as authorized by section 313 of the Rural Electrification Act
of 1936, $20,000,000 shall not be obligated and $20,000,000 are
rescinded.
rural cooperative development grants
For rural cooperative development grants authorized under section
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932), $12,636,000, of which $300,000 shall be for a cooperative
research agreement with a qualified academic institution to conduct
research on the national economic impact of all types of cooperatives;
and of which $2,582,000 shall be for cooperative agreements for the
appropriate technology transfer for rural areas program: Provided, That
not to exceed $1,463,000 shall be for cooperatives or associations of
cooperatives whose primary focus is to provide assistance to small,
socially disadvantaged producers and whose governing board and/or
membership is comprised of at least 75 percent socially disadvantaged
members; and of which $3,867,000, to remain available until expended,
shall be for value-added agricultural product market development grants,
as authorized by section 231 of the Agricultural Risk Protection Act of
2000 (7 U.S.C. 1621 note).
rural empowerment zones and enterprise communities grants
For grants in connection with empowerment zones and enterprise
communities, $8,130,000, to remain available until expended, for
designated rural empowerment zones and rural enterprise communities, as
authorized by the Taxpayer Relief Act of 1997 and the Omnibus
Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public
Law 105-277): Provided, That the funds provided under this paragraph
shall be made available to empowerment zones and enterprise communities
in a manner and with the same priorities such funds were made available
during the 2007 fiscal year.
[[Page 546]]
123 STAT. 546
rural energy for america program
For the cost of a program of loan guarantees and grants, under the
same terms and conditions as authorized by section 9007 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8107), $5,000,000:
Provided, That the cost of loan guarantees, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974.
Rural Utilities Service
Rural Water and Waste Disposal Program Account
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants for the
rural water, waste water, waste disposal, and solid waste management
programs authorized by sections 306, 306A, 306C, 306D, and 310B and
described in sections 306C(a)(2), 306D, and 381E(d)(2) of the
Consolidated Farm and Rural Development Act, $556,268,000, to remain
available until expended, of which not to exceed $497,000 shall be
available for the rural utilities program described in section
306(a)(2)(B) of such Act, and of which not to exceed $993,000 shall be
available for the rural utilities program described in section 306E of
such Act: Provided, That $65,000,000 of the amount appropriated under
this heading shall be for loans and grants including water and waste
disposal systems grants authorized by 306C(a)(2)(B) and 306D of the
Consolidated Farm and Rural Development Act and for Federally-recognized
Native American Tribes authorized by 306C(a)(1): Provided further, That
not to exceed $19,000,000 of the amount appropriated under this heading
shall be for technical assistance grants for rural water and waste
systems pursuant to section 306(a)(14) of such Act, unless the Secretary
makes a determination of extreme need, of which $5,600,000 shall be made
available for a grant to a qualified non-profit multi-state regional
technical assistance organization, with experience in working with small
communities on water and waste water problems, the principal purpose of
such grant shall be to assist rural communities with populations of
3,300 or less, in improving the planning, financing, development,
operation, and management of water and waste water systems, and of which
not less than $800,000 shall be for a qualified national Native American
organization to provide technical assistance for rural water systems for
tribal communities: Provided further, That not to exceed $14,000,000 of
the amount appropriated under this heading shall be for contracting with
qualified national organizations for a circuit rider program to provide
technical assistance for rural water systems: Provided further, That not
to exceed $12,700,000 of the amount appropriated under this heading
shall be available through June 30, 2009, for authorized empowerment
zones and enterprise communities and communities designated by the
Secretary of Agriculture as Rural Economic Area Partnership Zones for
the rural utilities programs described in section 381E(d)(2) of such
Act: Provided further, That $17,500,000 of the amount appropriated under
this heading shall be transferred to, and merged with, the Rural
Utilities Service, High Energy Cost Grants Account to provide grants
authorized under section 19 of the Rural Electrification Act of 1936 (7
U.S.C. 918a): Provided further, That any
[[Page 547]]
123 STAT. 547
prior year balances for high cost energy grants authorized by section 19
of the Rural Electrification Act of 1936 (7 U.S.C. 901(19)) shall be
transferred to and merged with the Rural Utilities Service, High Energy
Costs Grants Account: Provided further, That sections 381E-H and 381N of
the Consolidated Farm and Rural Development Act are not applicable to
the funds made available under this heading: Provided further, That any
prior balances in the Rural Development, Rural Community Advancement
Program account programs authorized by sections 306, 306A, 306C, 306D,
and 310B and described in sections 306C(a)(2), 306D, and 381E(d)(2) of
such Act be transferred to and merged with this account and any other
prior balances from the Rural Development, Rural Community Advancement
Program account that the Secretary determines is appropriate to
transfer.
rural electrification and telecommunications loans program account
(including transfer of funds)
The principal amount of direct and guaranteed loans as authorized by
section 305 of the Rural Electrification Act of 1936 (7 U.S.C. 935)
shall be made as follows: 5 percent rural electrification loans,
$100,000,000; loans made pursuant to section 306 of that Act, rural
electric, $6,500,000,000; 5 percent rural telecommunications loans,
$145,000,000; cost of money rural telecommunications loans,
$250,000,000; and for loans made pursuant to section 306 of that Act,
rural telecommunications loans, $295,000,000.
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, including the cost of modifying loans, of direct and
guaranteed loans authorized by sections 305 and 306 of the Rural
Electrification Act of 1936 (7 U.S.C. 935 and 936), as follows: the cost
of telecommunications loans, $525,000: Provided, That notwithstanding
section 305(d)(2) of the Rural Electrification Act of 1936, borrower
interest rates may exceed 7 percent per year.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $39,245,000, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
distance learning, telemedicine, and broadband program
(including rescission of funds)
For the principal amount of broadband telecommunication loans,
$400,487,000.
For grants for telemedicine and distance learning services in rural
areas, as authorized by 7 U.S.C. 950aaa et seq., $34,755,000, to remain
available until expended: Provided, That the Secretary may use funds
under this heading for grants authorized by 379(g) of the Consolidated
Farm and Rural Development Act: Provided further, That $4,965,000 shall
be made available to convert analog to digital operation those
noncommercial educational television broadcast stations that serve rural
areas and are qualified for Community Service Grants by the Corporation
for Public Broadcasting under section 396(k) of the Communications Act
of 1934, including associated translators and repeaters, regardless of
the location of their main transmitter, studio-to-transmitter links, and
[[Page 548]]
123 STAT. 548
equipment to allow local control over digital content and programming
through the use of high-definition broadcast, multi-casting and
datacasting technologies.
For the cost of broadband loans, as authorized by section 601 of the
Rural Electrification Act, $15,619,000, to remain available until
expended: Provided, That the cost of direct loans shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That of the unobligated balances available for the cost of the broadband
loans, $6,404,000 are rescinded.
In addition, $13,406,000, to remain available until expended, for a
grant program to finance broadband transmission in rural areas eligible
for Distance Learning and Telemedicine Program benefits authorized by 7
U.S.C. 950aaa.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition and Consumer Services
For necessary expenses of the Office of the Under Secretary for
Food, Nutrition and Consumer Services, $610,000.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
In lieu of the amounts made available in section 14222(b) of the
Food, Conservation, and Energy Act of 2008, for necessary expenses to
carry out the Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.), except section 21, and the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.), except sections 17 and 21; $14,951,911,000, to
remain available through September 30, 2010, of which $8,496,109,000 is
hereby appropriated and $6,455,802,000 shall be derived by transfer from
funds available under section 32 of the Act of August 24, 1935 (7 U.S.C.
612c).
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition Act
of 1966 (42 U.S.C. 1786), $6,860,000,000, to remain available through
September 30, 2010, of which such sums as are necessary to restore the
contingency reserve to $125,000,000 shall be placed in reserve, to
remain available until expended, to be allocated as the Secretary deems
necessary, notwithstanding section 17(i) of such Act, to support
participation should cost or participation exceed budget estimates:
Provided, That of the total amount available, the Secretary shall
obligate not less than $14,850,000 for a breastfeeding support
initiative in addition to the activities specified in section
17(h)(3)(A): Provided further, That, notwithstanding section
17(h)(10)(A) of such Act, only the provisions of section 17(h)(10)(B)(i)
and section 17(h)(10)(B)(ii) shall be effective in 2009; including
$14,000,000 for the purposes specified in section 17(h)(10)(B)(i):
Provided further, That funds made available for
[[Page 549]]
123 STAT. 549
the purposes specified in section 17(h)(10)(B)(ii) shall only be made
available upon determination by the Secretary that funds are available
to meet caseload requirements without the use of the contingency reserve
funds after the date of enactment of this Act: Provided further, That
hereafter none of the funds in this Act shall be available to pay
administrative expenses of WIC clinics except those that have an
announced policy of prohibiting smoking within the space used to carry
out the program: Provided further, That none of the funds provided in
this account shall be available for the purchase of infant formula
except in accordance with the cost containment and competitive bidding
requirements specified in section 17 of such Act: Provided further, That
none of the funds provided shall be available for activities that are
not fully reimbursed by other Federal Government departments or agencies
unless authorized by section 17 of such Act.
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.), $53,969,246,000, of which $3,000,000,000,
to remain available through September 30, 2010, shall be placed in
reserve for use only in such amounts and at such times as may become
necessary to carry out program operations: Provided, That funds provided
herein shall be expended in accordance with section 16 of the Food and
Nutrition Act of 2008: Provided further, That this appropriation shall
be subject to any work registration or workfare requirements as may be
required by law: Provided further, That funds made available for
Employment and Training under this heading shall remain available until
expended, as authorized by section 16(h)(1) of the Food and Nutrition
Act of 2008: Provided further, That funds made available under this
heading may be used to enter into contracts and employ staff to conduct
studies, evaluations, or to conduct activities related to program
integrity provided that such activities are authorized by the Food and
Nutrition Act of 2008.
commodity assistance program
For necessary expenses to carry out disaster assistance and the
Commodity Supplemental Food Program as authorized by section 4(a) of the
Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note);
the Emergency Food Assistance Act of 1983; special assistance for the
nuclear affected islands, as authorized by section 103(f)(2) of the
Compact of Free Association Amendments Act of 2003 (Public Law 108-188);
and the Farmers' Market Nutrition Program, as authorized by section
17(m) of the Child Nutrition Act of 1966, $230,800,000, to remain
available through September 30, 2010: Provided, That none of these funds
shall be available to reimburse the Commodity Credit Corporation for
commodities donated to the program: Provided further, That
notwithstanding any other provision of law, effective with funds made
available in fiscal year 2009 to support the Seniors Farmers' Market
Nutrition Program, as authorized by section 4402 of the Farm Security
and Rural Investment Act of 2002, such funds shall remain available
through September 30, 2010: Provided further, That of the funds made
available under section 27(a) of the Food and Nutrition Act of 2008 (7
U.S.C. 2036(a)), the Secretary may use up to 10 percent for costs
associated with the distribution of commodities.
[[Page 550]]
123 STAT. 550
nutrition programs administration
For necessary administrative expenses of the Food and Nutrition
Service for carrying out any domestic nutrition assistance program,
$142,595,000.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $158,000 for representation allowances and for
expenses pursuant to section 8 of the Act approved August 3, 1956 (7
U.S.C. 1766), $165,436,000: Provided, That the Service may utilize
advances of funds, or reimburse this appropriation for expenditures made
on behalf of Federal agencies, public and private organizations and
institutions under agreements executed pursuant to the agricultural food
production assistance programs (7 U.S.C. 1737) and the foreign
assistance programs of the United States Agency for International
Development: <> Provided further, That funds made
available for the cost of agreements under title I of the Agricultural
Trade Development and Assistance Act of 1954 and for title I ocean
freight differential may be used interchangeably between the two
accounts with prior notice to the Committees on Appropriations of both
Houses of Congress.
public law 480 title i direct credit and food for progress program
account
(including transfers of funds)
For administrative expenses to carry out the credit program of title
I, Public Law 83-480 and the Food for Progress Act of 1985, $2,736,000,
to be transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
public law 480 title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Food for Peace Act, for commodities supplied in
connection with dispositions abroad under title II of said Act,
$1,225,900,000, to remain available until expended.
commodity credit corporation export loans program account
(including transfers of funds)
For administrative expenses to carry out the Commodity Credit
Corporation's export guarantee program, GSM 102 and GSM 103, $5,333,000;
to cover common overhead expenses as permitted by section 11 of the
Commodity Credit Corporation Charter Act and in conformity with the
Federal Credit Reform Act of 1990, of which
[[Page 551]]
123 STAT. 551
$4,985,000 shall be transferred to and merged with the appropriation for
``Foreign Agricultural Service, Salaries and Expenses'', and of which
$348,000 shall be transferred to and merged with the appropriation for
``Farm Service Agency, Salaries and Expenses''.
mc govern-dole international food for education and child nutrition
program grants
For necessary expenses to carry out the provisions of section 3107
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
1), $100,000,000, to remain available until expended: Provided, That the
Commodity Credit Corporation is authorized to provide the services,
facilities, and authorities for the purpose of implementing such
section, subject to reimbursement from amounts provided herein.
TITLE VI
RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
salaries and expenses
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of
space rental and related costs pursuant to Public Law 92-313 for
programs and activities of the Food and Drug Administration which are
included in this Act; for rental of special purpose space in the
District of Columbia or elsewhere; for miscellaneous and emergency
expenses of enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's certificate,
not to exceed $25,000; and notwithstanding section 521 of Public Law
107-188; $2,622,267,000, of which $7,641,000 shall be for the purposes,
and in the amounts, specified in the final paragraph under ``Food and
Drug Administration, Salaries and Expenses'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That of the amount provided under this
heading, $510,665,000 shall be derived from prescription drug user fees
authorized by 21 U.S.C. 379h shall be credited to this account and
remain available until expended, and shall not include any fees pursuant
to 21 U.S.C. 379h(a)(2) and (a)(3) assessed for fiscal year 2010 but
collected in fiscal year 2009; $52,547,000 shall be derived from medical
device user fees authorized by 21 U.S.C. 379j, and shall be credited to
this account and remain available until expended; $15,260,000 shall be
derived from animal drug user fees authorized by 21 U.S.C. 379j, and
shall be credited to this account and remain available until expended;
and $4,831,000 shall be derived from animal generic drug user fees
authorized by 21 U.S.C. 379f, and shall be credited to this account and
shall remain available until expended: Provided further, That fees
derived from prescription drug, medical device, animal drug, and animal
generic drug assessments for fiscal year 2009 received during fiscal
year 2009, including any such fees assessed prior to fiscal year 2009
but credited for fiscal year 2009, shall be subject to the
[[Page 552]]
123 STAT. 552
fiscal year 2009 limitations: Provided further, That none of these funds
shall be used to develop, establish, or operate any program of user fees
authorized by 31 U.S.C. 9701: Provided further, That of the total amount
appropriated: (1) $648,722,000 shall be for the Center for Food Safety
and Applied Nutrition and related field activities in the Office of
Regulatory Affairs; (2) $777,437,000 shall be for the Center for Drug
Evaluation and Research and related field activities in the Office of
Regulatory Affairs, of which no less than $41,358,000 shall be available
for the Office of Generic Drugs; (3) $271,490,000 shall be for the
Center for Biologics Evaluation and Research and for related field
activities in the Office of Regulatory Affairs; (4) $134,344,000 shall
be for the Center for Veterinary Medicine and for related field
activities in the Office of Regulatory Affairs; (5) $310,547,000 shall
be for the Center for Devices and Radiological Health and for related
field activities in the Office of Regulatory Affairs; (6) $52,511,000
shall be for the National Center for Toxicological Research; (7) not to
exceed $111,758,000 shall be for Rent and Related activities, of which
$41,281,000 is for White Oak Consolidation, other than the amounts paid
to the General Services Administration for rent; (8) not to exceed
$155,425,000 shall be for payments to the General Services
Administration for rent; and (9) $160,033,000 shall be for other
activities, including the Office of the Commissioner; the Office of
Scientific and Medical Programs; the Office of Policy, Planning and
Preparedness; the Office of International and Special Programs; the
Office of Operations; and central services for these offices: Provided
further, That none of the funds made available under this heading shall
be used to transfer funds under section 770(n) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 379dd): Provided further, That funds
may be transferred from one specified activity to another with the prior
approval of the Committees on Appropriations of both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C. 263b,
export certification user fees authorized by 21 U.S.C. 381, and priority
review user fees authorized by 21 U.S.C. 360n may be credited to this
account, to remain available until expended.
buildings and facilities
For plans, construction, repair, improvement, extension, alteration,
and purchase of fixed equipment or facilities of or used by the Food and
Drug Administration, where not otherwise provided, $12,433,000, to
remain available until expended.
INDEPENDENT AGENCY
Farm Credit Administration
limitation on administrative expenses
Not to exceed $49,000,000 (from assessments collected from farm
credit institutions, including the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expenses as authorized under 12 U.S.C. 2249: Provided,
That this limitation shall not apply to expenses associated with
receiverships.
[[Page 553]]
123 STAT. 553
TITLE VII
GENERAL PROVISIONS
(including rescission and transfers of funds)
Sec. 701. Within the unit limit of cost fixed by law, appropriations
and authorizations made for the Department of Agriculture for the
current fiscal year under this Act shall be available for the purchase,
in addition to those specifically provided for, of not to exceed 327
passenger motor vehicles, of which 315 shall be for replacement only,
and for the hire of such vehicles.
Sec. 702. <> New obligational authority
provided for the following appropriation items in this Act shall remain
available until expended: Food Safety and Inspection Service, Public
Health Data Communication Infrastructure System; Farm Service Agency,
salaries and expenses funds made available to county committees; Foreign
Agricultural Service, middle-income country training program, and up to
$2,000,000 of the Foreign Agricultural Service appropriation solely for
the purpose of offsetting fluctuations in international currency
exchange rates, subject to documentation by the Foreign Agricultural
Service.
Sec. 703. The Secretary of Agriculture may transfer unobligated
balances of discretionary funds appropriated by this Act or other
available unobligated discretionary balances of the Department of
Agriculture to the Working Capital Fund for the acquisition of plant and
capital equipment necessary for the financial management modernization
initiative and the delivery of financial, administrative, and
information technology services of primary benefit to the agencies of
the Department of Agriculture: Provided, That none of the funds made
available by this Act or any other Act shall be transferred to the
Working Capital Fund without the prior approval of the agency
administrator: Provided further, That none of the funds transferred to
the Working Capital Fund pursuant to this section shall be available for
obligation without the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further, That none
of the funds appropriated by this Act or made available to the
Department's Working Capital Fund shall be available for obligation or
expenditure to make any changes to the Department's National Finance
Center without prior approval of the Committees on Appropriations of
both Houses of Congress as required by section 712 of this Act.
Sec. 704. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 705. No funds appropriated by this Act may be used to pay
negotiated indirect cost rates on cooperative agreements or similar
arrangements between the United States Department of Agriculture and
nonprofit institutions in excess of 10 percent of the total direct cost
of the agreement when the purpose of such cooperative arrangements is to
carry out programs of mutual interest between the two parties. This does
not preclude appropriate payment of indirect costs on grants and
contracts with such institutions when such indirect costs are computed
on a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 706. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in the current fiscal
year shall remain available until expended to disburse
[[Page 554]]
123 STAT. 554
obligations made in the current fiscal year for the following accounts:
the Rural Development Loan Fund program account, the Rural
Electrification and Telecommunication Loans program account, and the
Rural Housing Insurance Fund program account.
Sec. 707. Of the funds made available by this Act, not more than
$1,800,000 shall be used to cover necessary expenses of activities
related to all advisory committees, panels, commissions, and task forces
of the Department of Agriculture, except for panels used to comply with
negotiated rule makings and panels used to evaluate competitively
awarded grants.
Sec. 708. None of the funds appropriated by this Act may be used to
carry out section 410 of the Federal Meat Inspection Act (21 U.S.C.
679a) or section 30 of the Poultry Products Inspection Act (21 U.S.C.
471).
Sec. 709. No employee of the Department of Agriculture may be
detailed or assigned from an agency or office funded by this Act to any
other agency or office of the Department for more than 30 days unless
the individual's employing agency or office is fully reimbursed by the
receiving agency or office for the salary and expenses of the employee
for the period of assignment.
Sec. 710. None of the funds appropriated or otherwise made available
to the Department of Agriculture or the Food and Drug Administration
shall be used to transmit or otherwise make available to any non-
Department of Agriculture or non-Department of Health and Human Services
employee questions or responses to questions that are a result of
information requested for the appropriations hearing process.
Sec. 711. None of the funds made available to the Department of
Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the Office
of the Chief Information Officer, without the approval of the Chief
Information Officer and the concurrence of the Executive Information
Technology Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or otherwise made
available by this Act may be transferred to the Office of the Chief
Information Officer without the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further, That none
of the funds available to the Department of Agriculture for information
technology shall be obligated for projects over $25,000 prior to receipt
of written approval by the Chief Information Officer.
Sec. 712. <> (a) None of the funds
provided by this Act, or provided by previous Appropriations Acts to the
agencies funded by this Act that remain available for obligation or
expenditure in the current fiscal year, 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 expenditure through a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
[[Page 555]]
123 STAT. 555
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees; unless the Committees
on Appropriations of both Houses of Congress are notified 15
days in advance of such reprogramming of funds.
(b) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, 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 expenditure for activities,
programs, or projects through a reprogramming of funds in excess of
$500,000 or 10 percent, which-ever is less, that: (1) augments existing
programs, projects, or activities; (2) reduces by 10 percent funding for
any existing program, project, or activity, or numbers of personnel by
10 percent as approved by Congress; or (3) results from any general
savings from a reduction in personnel which would result in a change in
existing programs, activities, or projects as approved by Congress;
unless the Committees on Appropriations of both Houses of Congress are
notified 15 days in advance of such reprogramming of funds.
(c) The Secretary of Agriculture or the Secretary of Health and
Human Services shall notify the Committees on Appropriations of both
Houses of Congress before implementing a program or activity not carried
out during the previous fiscal year unless the program or activity is
funded by this Act or specifically funded by any other Act.
Sec. 713. None of the funds appropriated by this or any other Act
shall be used to pay the salaries and expenses of personnel who prepare
or submit appropriations language as part of the President's Budget
submission to the Congress of the United States for programs under the
jurisdiction of the Appropriations Subcommittees on Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies that
assumes revenues or reflects a reduction from the previous year due to
user fees proposals that have not been enacted into law prior to the
submission of the Budget unless such Budget submission identifies which
additional spending reductions should occur in the event the user fees
proposals are not enacted prior to the date of the convening of a
committee of conference for the fiscal year 2010 appropriations Act.
Sec. 714. None of the funds made available by this or any other Act
may be used to close or relocate a Rural Development office unless or
until the Secretary of Agriculture determines the cost effectiveness
and/or enhancement of program delivery: Provided,
That <> not later than 120 days
before the date of the proposed closure or relocation, the Secretary
notifies the Committees on Appropriation of the House and Senate, and
the members of Congress from the State in which the office is located of
the proposed closure or relocation and provides a report that describes
the justifications for such closures and relocations.
Sec. 715. None of the funds made available to the Food and Drug
Administration by this Act shall be used to close or relocate, or to
plan to close or relocate, the Food and Drug Administration Division of
Pharmaceutical Analysis in St. Louis, Missouri, outside the city or
county limits of St. Louis, Missouri.
[[Page 556]]
123 STAT. 556
Sec. 716. There is hereby appropriated $434,000, to remain available
until expended, for the Denali Commission to address deficiencies in
solid waste disposal sites which threaten to contaminate rural drinking
water supplies.
Sec. 717. None of the funds appropriated or otherwise made available
by this or any other Act shall be used to pay the salaries and expenses
of personnel to carry out an environmental quality incentives program
authorized by chapter 4 of subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3839aa, et seq.) in excess of $1,067,000,000.
Sec. 718. None of the funds made available in fiscal year 2009 or
preceding fiscal years for programs authorized under the Food for Peace
Act (7 U.S.C. 1691 et seq.) in excess of $20,000,000 shall be used to
reimburse the Commodity Credit Corporation for the release of eligible
commodities under section 302(f)(2)(A) of the Bill Emerson Humanitarian
Trust Act (7 U.S.C. 1736f-1): Provided, That any such funds made
available to reimburse the Commodity Credit Corporation shall only be
used pursuant to section 302(b)(2)(B)(i) of the Bill Emerson
Humanitarian Trust Act.
Sec. 719. No funds shall be used to pay salaries and expenses of
the Department of Agriculture to carry out or administer the program
authorized by section 14(h)(1) of the Watershed Protection and Flood
Prevention Act (16 U.S.C. 1012(h)(1)).
Sec. 720. Funds made available under section 1240I and section
1241(a) of the Food Security Act of 1985 and section 524(b) of the
Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal year
shall remain available until expended to disburse obligations made in
the current fiscal year.
Sec. 721. <> Unless otherwise authorized by
existing law, none of the funds provided in this 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. 722. Notwithstanding any other provision of law, any former RUS
borrower that has repaid or prepaid an insured, direct or guaranteed
loan under the Rural Electrification Act, or any not-for-profit utility
that is eligible to receive an insured or direct loan under such Act,
shall be eligible for assistance under section 313(b)(2)(B) of such Act
in the same manner as a borrower under such Act.
Sec. 723. None of the funds appropriated or otherwise made available
by this or any other Act shall be used to pay the salaries and expenses
of personnel to carry out a program under subsection (b)(2)(A)(i) of
section 14222 of Public Law 110-246 in excess of $1,071,530,000:
Provided, That none of the funds made available in this Act or any other
Act shall be used for salaries and expenses to carry out section
19(i)(1)(B) of the Richard B. Russell National School Lunch Act as
amended by section 4304 of Public Law 110-246 in excess of $16,000,000
until October 1, 2009: Provided further, of the unobligated balances
under section 32 of the Act of August 24, 1935, $293,530,000 are hereby
rescinded.
Sec. 724. <> Notwithstanding any other
provision of law, the Secretary of Agriculture is authorized to make
funding and other assistance available through the emergency watershed
protection program under section 403 of the Agricultural Credit Act of
1978
[[Page 557]]
123 STAT. 557
(16 U.S.C. 2203) to repair and prevent damage to non-Federal land in
watersheds that have been impaired by fires initiated by the Federal
Government and shall waive cost sharing requirements for the funding and
assistance.
Sec. 725. There is hereby appropriated $3,497,000, to remain
available until expended, for a grant to the National Center for Natural
Products Research for construction or renovation to carry out the
research objectives of the natural products research grant issued by the
Food and Drug Administration.
Sec. 726. There is hereby appropriated $469,000, to remain available
until expended, for the planning and design of construction of an
agriculture pest facility in the State of Hawaii.
Sec. 727. None of the funds made available in this Act may be used
to establish or implement a rule allowing poultry products to be
imported into the United States from the People's Republic of China.
Sec. 728. There is hereby appropriated $794,000 to the Farm Service
Agency to carry out a pilot program to demonstrate the use of new
technologies that increase the rate of growth of re-forested hardwood
trees on private non-industrial forests lands, enrolling lands on the
coast of the Gulf of Mexico that were damaged by Hurricane Katrina in
2005.
Sec. 729. None of the funds made available to the Department of
Agriculture in this Act may be used to implement the risk-based
inspection program in the 30 prototype locations announced on February
22, 2007, by the Under Secretary for Food Safety, or at any other
locations, until the USDA Office of Inspector General has provided its
findings to the Food Safety and Inspection Service and the Committees on
Appropriations of the House of Representatives and the Senate on the
data used in support of the development and design of the risk-based
inspection program and FSIS has addressed and resolved issues identified
by OIG.
Sec. 730. <> Notwithstanding any other
provision of law, and until receipt of the decennial Census in the year
2010, the Secretary of Agriculture shall consider--
(1) the City of Palmview, Texas; the City of Pharr, Texas;
the City of Hidalgo, Texas; the City of Alton, Texas; the City
of La Joya, Texas; the City of Penitas, Texas; the City of
Schertz, Texas; the City of Converse, Texas; the City of Cibolo,
Texas; and the Township of Bern, Pennsylvania (including
individuals and entities with projects within the cities),
eligible for loans and grants funded through the Rural Business
Program account;
(2) the County of Nueces, Texas (including individuals and
entities with projects within the county), eligible under the
Business and Industry Loan Guarantee Program for the purposes of
financing a beef processing facility;
(3) the City of Asheboro, North Carolina (including
individuals and entities with projects within the city),
eligible for loans and grants funded through the Rural Community
Facilities Program account;
(4) the City of Healdsburg, California; the City of
Imperial, California; the City of Havelock, North Carolina; and
the City of Newton, North Carolina (including individuals and
entities with projects within the cities), eligible for loans
and grants funded through the Rural Water and Waste Disposal
Program account; and
[[Page 558]]
123 STAT. 558
(5) the City of Aptos, California (including individuals and
entities with projects within the city), eligible for loans and
grants funded under the housing programs of the Rural Housing
Service.
Sec. 731. There is hereby appropriated $2,347,000 for section 4404
of Public Law 107-171.
Sec. 732. Notwithstanding any other provision of law, there is
hereby appropriated:
(1) $1,877,000 of which $1,408,000 shall be for a grant to
the Wisconsin Department of Agriculture, Trade, and Consumer
Protection, and $469,000 shall be for a grant to the Vermont
Agency of Agriculture, Foods, and Markets, as authorized by
section 6402 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 1621 note);
(2) $338,000 for a grant to the Wisconsin Department of
Agriculture, Trade and Consumer Protection; and
(3) $94,000 for a grant to the Graham Avenue Business
Improvement District in the State of New York.
Sec. 733. Section 382K(c) of the Consolidated Farm and Rural
Development Act <> (7 U.S.C.
2009aa-10(c)) is repealed.
Sec. 734. Notwithstanding any other provision of law, the Natural
Resources Conservation Service shall provide financial and technical
assistance--
(1) through the Watershed and Flood Prevention Operations
program for the Pocasset River Floodplain Management Project in
the State of Rhode Island;
(2) through the Watershed and Flood Prevention Operations
program to carry out the East Locust Creek Watershed Plan
Revision in Missouri, including up to 100 percent of the
engineering assistance and 75 percent cost share for
construction cost of site RW1;
(3) through the Watershed and Flood Prevention Operations
program to carry out the Little Otter Creek Watershed project in
Missouri. The sponsoring local organization may obtain land
rights by perpetual easements;
(4) through the Watershed and Flood Prevention Operations
program to carry out the Churchill Woods Dam Removal project in
DuPage County, Illinois;
(5) through the Watershed and Flood Prevention Operations
program to carry out the Dunloup Creek Watershed Project in
Fayette and Raleigh Counties, West Virginia;
(6) through the Watershed and Flood Prevention Operations
program to carry out the Alameda Creek Watershed Project in
Alameda County, California;
(7) through the Watershed and Flood Prevention Operations
program to carry out the Colgan Creek Restoration project in
Sonoma County, California;
(8) through the Watershed and Flood Prevention Operations
program to carry out the Hurricane Katrina-Related Watershed
Restoration project in Jackson County, Mississippi;
(9) through the Watershed and Flood Prevention Operations
program to carry out the Lake George Watershed Protection
project in Warren County, New York; and
(10) through the Watershed and Flood Prevention Operations
program to carry out the Pidcock-Mill Creeks Watershed project
in Bucks County, Pennsylvania.
[[Page 559]]
123 STAT. 559
Sec. 735. Section 17(r)(5) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1766(r)(5)) is amended--
(1) by striking ``eight'' and inserting ``ten'';
(2) by striking ``six'' and inserting ``eight''; and
(3) by inserting ``Vermont, Maryland,'' after the first
instance of ``States shall be''.
Sec. 736. Notwithstanding any other provision of law, for the
purposes of a grant under section 412 of the Agricultural Research,
Extension, and Education Reform Act of 1998, none of the funds in this
or any other Act may be used to prohibit the provision of in-kind
support from non-Federal sources under section 412(e)(3) in the form of
unrecovered indirect costs not otherwise charged against the grant,
consistent with the indirect rate of cost approved for a recipient.
Sec. 737. <> None of the
funds made available by this Act may be used to pay the salaries and
expenses of any individual to conduct any activities that would allow
the importation into the United States of any ruminant or swine, or any
fresh (including chilled or frozen) meat or product of any ruminant or
swine, that is born, raised, or slaughtered in
Argentina: <> Provided, That this section shall not
prevent the Secretary from conducting all necessary activities to review
this proposal and issue a report on the findings to the Committees on
Appropriations of the House and Senate: <>
Provided further, That this section shall only have effect until the
Secretary of Agriculture has reviewed the domestic animal health aspects
of the pending proposal to allow the importation of such products into
the United States and has issued a report to the Committees on the
findings of such review.
Sec. 738. Except as otherwise specifically provided by law,
unobligated balances remaining available at the end of the fiscal year
from appropriations made available for salaries and expenses in this Act
for the Farm Service Agency and the Rural Development mission area,
shall remain available through September 30, 2010, for information
technology expenses.
Sec. 739. None of the funds made available in this Act may be used
to pay the salaries or expenses of personnel to--
(1) inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(2) inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901
note; Public Law 104-127); or
(3) implement or enforce section 352.19 of title 9, Code of
Federal Regulations.
This division may be cited as the ``Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropriations Act,
2009''.
[[Page 560]]
123 STAT. 560
DIVISION B--COMMERCE, <> JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT,
2009
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of the
Department of Commerce provided for by law, and for engaging in trade
promotional activities abroad, including expenses of grants and
cooperative agreements for the purpose of promoting exports of United
States firms, without regard to 44 U.S.C. 3702 and 3703; full medical
coverage for dependent members of immediate families of employees
stationed overseas and employees temporarily posted overseas; travel and
transportation of employees of the International Trade Administration
between two points abroad, without regard to 49 U.S.C. 40118; employment
of Americans and aliens by contract for services; rental of space abroad
for periods not exceeding 10 years, and expenses of alteration, repair,
or improvement; purchase or construction of temporary demountable
exhibition structures for use abroad; payment of tort claims, in the
manner authorized in the first paragraph of 28 U.S.C. 2672 when such
claims arise in foreign countries; not to exceed $327,000 for official
representation expenses abroad; purchase of passenger motor vehicles for
official use abroad, not to exceed $45,000 per vehicle; obtaining
insurance on official motor vehicles; and rental of tie lines,
$429,870,000, to remain available until September 30, 2010, of which
$9,439,000 is to be derived from fees to be retained and used by the
International Trade Administration, notwithstanding 31 U.S.C. 3302:
Provided, That not less than $48,592,000 shall be for Manufacturing and
Services; not less than $42,332,000 shall be for Market Access and
Compliance; not less than $66,357,000 shall be for the Import
Administration of which $5,900,000 shall be for the Office of China
Compliance; not less than $237,739,000 shall be for the United States
and Foreign Commercial Service; and not less than $25,411,000 shall be
for Executive Direction and Administration: Provided further,
That <> the provisions of the first sentence of
section 105(f) and all of section 108(c) of the Mutual Educational and
Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall
apply in carrying out these activities without regard to section 5412 of
the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4912); and
that for the purpose of this Act, contributions under the provisions of
the Mutual Educational and Cultural Exchange Act of 1961 shall include
payment for assessments for services provided as part of these
activities: Provided further, That <> the
International Trade Administration shall be exempt from the requirements
of Circular A-25 (or any successor administrative regulation or policy)
issued by the Office of Management and Budget: <>
Provided further, That negotiations shall be conducted within the World
Trade Organization to recognize the right of members to distribute
monies collected from antidumping and countervailing duties: Provided
further, That negotiations shall be conducted within the World Trade
Organization consistent with the negotiating objectives contained
[[Page 561]]
123 STAT. 561
in the Trade Act of 2002, Public Law 107-210: Provided further, That
within the amounts appropriated, $4,400,000 shall be used for the
projects, and in the amounts, specified in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed overseas;
employment of Americans and aliens by contract for services abroad;
payment of tort claims, in the manner authorized in the first paragraph
of 28 U.S.C. 2672 when such claims arise in foreign countries; not to
exceed $15,000 for official representation expenses abroad; awards of
compensation to informers under the Export Administration Act of 1979,
and as authorized by 22 U.S.C. 401(b); and purchase of passenger motor
vehicles for official use and motor vehicles for law enforcement use
with special requirement vehicles eligible for purchase without regard
to any price limitation otherwise established by law, $83,676,000, to
remain available until expended, of which $14,767,000 shall be for
inspections and other activities related to national
security: <> Provided, That the provisions of the
first sentence of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
2458(c)) shall apply in carrying out these activities: Provided further,
That payments and contributions collected and accepted for materials or
services provided as part of such activities may be retained for use in
covering the cost of such activities, and for providing information to
the public with respect to the export administration and national
security activities of the Department of Commerce and other export
control programs of the United States and other governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided by the
Public Works and Economic Development Act of 1965, and for trade
adjustment assistance, $240,000,000, to remain available until expended:
Provided, That of the amounts provided, no more than $4,000,000 may be
transferred to ``Economic Development Administration, Salaries and
Expenses'' to conduct management oversight and administration of public
works grants.
salaries and expenses
For necessary expenses of administering the economic development
assistance programs as provided for by law, $32,800,000: Provided, That
these funds may be used to monitor projects approved pursuant to title I
of the Public Works Employment Act of 1976, title II of the Trade Act of
1974, and the Community Emergency Drought Relief Act of 1977.
[[Page 562]]
123 STAT. 562
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in fostering,
promoting, and developing minority business enterprise, including
expenses of grants, contracts, and other agreements with public or
private organizations, $29,825,000: Provided, That within the amounts
appropriated, $825,000 shall be used for the projects, and in the
amounts, specified in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic and
statistical analysis programs of the Department of Commerce,
$90,621,000, to remain available until September 30, 2010.
Bureau of the Census
salaries and expenses
For expenses necessary for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law, $233,588,000.
periodic censuses and programs
For necessary expenses to collect and publish statistics for
periodic censuses and programs provided for by law, $2,906,262,000, to
remain available until September 30, 2010: <>
Provided, That none of the funds provided in this or any other Act for
any fiscal year may be used for the collection of census data on race
identification that does not include ``some other race'' as a category:
Provided further, That from amounts provided herein, funds may be used
for additional promotion, outreach, and marketing activities: Provided
further, That none of the funds made available in this Act shall be used
for the conduct of sweepstakes in the 2010 Decennial Census.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA), $19,218,000,
to remain available until September 30, 2010: Provided, That,
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall
charge Federal agencies for costs incurred in spectrum management,
analysis, operations, and related services, and such fees shall be
retained and used as offsetting collections for costs of such spectrum
services, to remain available until expended: Provided further, That the
Secretary of Commerce is authorized to retain and use as offsetting
collections all funds transferred, or previously transferred, from other
Government agencies for all costs incurred in telecommunications
research, engineering, and
[[Page 563]]
123 STAT. 563
related activities by the Institute for Telecommunication Sciences of
NTIA, in furtherance of its assigned functions under this paragraph, and
such funds received from other Government agencies shall remain
available until expended.
public telecommunications facilities, planning and construction
For the administration of grants, authorized by section 392 of the
Communications Act of 1934, $20,000,000, to remain available until
expended as authorized by section 391 of the Act: Provided, That not to
exceed $2,000,000 shall be available for program administration as
authorized by section 391 of the Act: Provided further, That,
notwithstanding the provisions of section 391 of the Act, the prior year
unobligated balances may be made available for grants for projects for
which applications have been submitted and approved during any fiscal
year.
United States Patent and Trademark Office
salaries and expenses
For necessary expenses of the United States Patent and Trademark
Office (USPTO) provided for by law, including defense of suits
instituted against the Under Secretary of Commerce for Intellectual
Property and Director of the United States Patent and Trademark Office,
$2,010,100,000, to remain available until expended: Provided, That the
sum herein appropriated from the general fund shall be reduced as
offsetting collections assessed and collected pursuant to 15 U.S.C. 1113
and 35 U.S.C. 41 and 376 are received during fiscal year 2009, so as to
result in a fiscal year 2009 appropriation from the general fund
estimated at $0: Provided further, That during fiscal year 2009, should
the total amount of offsetting fee collections be less than
$2,010,100,000, this amount shall be reduced accordingly: Provided
further, That $750,000 may be transferred to ``Departmental Management,
Salaries and Expenses'' for activities associated with the National
Intellectual Property Law Enforcement Coordination Council: Provided
further, That from amounts provided herein, not to exceed $1,000 shall
be made available in fiscal year 2009 for official reception and
representation expenses: Provided further, That of the amounts provided
to the USPTO within this account, $5,000,000 shall not become available
for obligation until the Director of the USPTO has completed a
comprehensive review of the assumptions behind the patent examiner
expectancy goals and adopted a revised set of expectancy goals for
patent examination: Provided further, That in fiscal year 2009 from the
amounts made available for ``Salaries and Expenses'' for the USPTO, the
amounts necessary to pay: (1) the difference between the percentage of
basic pay contributed by the USPTO and employees under section 8334(a)
of title 5, United States Code, and the normal cost percentage (as
defined by section 8331(17) of that title) of basic pay, of employees
subject to subchapter III of chapter 83 of that title; and (2) the
present value of the otherwise unfunded accruing costs, as determined by
the Office of Personnel Management, of post-retirement life insurance
and post-retirement health benefits coverage for all USPTO employees,
shall be transferred to the Civil
[[Page 564]]
123 STAT. 564
Service Retirement and Disability Fund, the Employees Life Insurance
Fund, and the Employees Health Benefits Fund, as appropriate, and shall
be available for the authorized purposes of those accounts: Provided
further, That sections 801, 802, and 803 of division B, Public Law 108-
447 shall remain in effect during fiscal year 2009: Provided further,
That the Director may, this year, reduce by regulation fees payable for
documents in patent and trademark matters, in connection with the filing
of documents filed electronically in a form prescribed by the Director:
Provided further, That $2,000,000 shall be transferred to Office of
Inspector General for activities associated with carrying out
investigations and audits related to the USPTO: Provided further, That
from the amounts provided herein, no less than $4,000,000 shall be
available only for the USPTO contribution in a cooperative or joint
agreement or agreements with a non-profit organization or organizations,
successfully audited within the previous year, and with previous
experience in such programs, to conduct policy studies, including
studies relating to activities of United Nations Specialized agencies
and other international organizations, as well as conferences and other
development programs, in support of fair international protection of
intellectual property rights.
National Institute of Standards and Technology
scientific and technical research and services
For necessary expenses of the National Institute of Standards and
Technology, $472,000,000, to remain available until expended, of which
not to exceed $9,000,000 may be transferred to the ``Working Capital
Fund'': Provided, That not to exceed $5,000 shall be for official
reception and representation expenses: Provided further, That within the
amounts appropriated, $3,000,000 shall be used for the projects, and in
the amounts, specified in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated Act).
industrial technology services
For necessary expenses of the Hollings Manufacturing Extension
Partnership of the National Institute of Standards and Technology,
$110,000,000, to remain available until expended. In addition, for
necessary expenses of the Technology Innovation Program of the National
Institute of Standards and Technology, $65,000,000, to remain available
until expended.
construction of research facilities
For construction of new research facilities, including architectural
and engineering design, and for renovation and maintenance of existing
facilities, not otherwise provided for the National Institute of
Standards and Technology, as authorized by 15 U.S.C. 278c-278e,
$172,000,000, to remain available until expended, of which $30,000,000
is for a competitive construction grant program for research science
buildings: Provided, That within the amounts appropriated, $44,000,000
shall be used for the projects, and in the amounts, specified in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): <> Provided further, That the Secretary of Commerce shall
include
[[Page 565]]
123 STAT. 565
in the budget justification materials that the Secretary submits to
Congress in support of the Department of Commerce budget (as submitted
with the budget of the President under section 1105(a) of title 31,
United States Code) an estimate for each National Institute of Standards
and Technology construction project having a total multi-year program
cost of more than $5,000,000 and simultaneously the budget justification
materials shall include an estimate of the budgetary requirements for
each such project for each of the five subsequent fiscal years.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfers of funds)
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including maintenance,
operation, and hire of aircraft and vessels; grants, contracts, or other
payments to nonprofit organizations for the purposes of conducting
activities pursuant to cooperative agreements; and relocation of
facilities, $3,045,549,000, to remain available until September 30,
2010, except for funds provided for cooperative enforcement, which shall
remain available until September 30, 2011: Provided, That fees and
donations received by the National Ocean Service for the management of
national marine sanctuaries may be retained and used for the salaries
and expenses associated with those activities, notwithstanding 31 U.S.C.
3302: Provided further, That in addition, $3,000,000 shall be derived by
transfer from the fund entitled ``Coastal Zone Management'' and in
addition $79,000,000 shall be derived by transfer from the fund entitled
``Promote and Develop Fishery Products and Research Pertaining to
American Fisheries'': Provided further, That of the $3,133,549,000
provided for in direct obligations under this heading $3,045,549,000 is
appropriated from the general fund, $82,000,000 is provided by transfer,
and $6,000,000 is derived from recoveries of prior year obligations:
Provided further, That the total amount available for the National
Oceanic and Atmospheric Administration corporate services administrative
support costs shall not exceed $226,809,000: Provided further, That
payments of funds made available under this heading to the Department of
Commerce Working Capital Fund including Department of Commerce General
Counsel legal services shall not exceed $36,583,000: Provided further,
That within the amounts appropriated, $129,970,000 shall be used for the
projects, and in the amounts, specified in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided further, That any deviation from the amounts
designated for specific activities in the report accompanying this Act,
or any use of deobligated balances of funds provided under this heading
in previous years, shall be subject to the procedures set forth in
section 505 of this Act: <> Provided further, That in
allocating grants under sections 306 and 306A of the Coastal Zone
Management Act of 1972, as amended, no coastal State shall receive more
than 5 percent or less than 1 percent of increased funds appropriated
over the previous fiscal year: <> Provided
further, That the number of authorized officers in the NOAA Commissioned
Officer Corps shall remain at 321 until such time as section 6 of Public
Law 110-386 takes effect.
[[Page 566]]
123 STAT. 566
In addition, for necessary retired pay expenses under the Retired
Serviceman's Family Protection and Survivor Benefits Plan, and for
payments for the medical care of retired personnel and their dependents
under the Dependents Medical Care Act (10 U.S.C. 55), such sums as may
be necessary.
procurement, acquisition and construction
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic and
Atmospheric Administration, $1,243,647,000, to remain available until
September 30, 2011, except funds provided for construction of facilities
which shall remain available until expended: Provided, That of the
$1,245,647,000 provided for in direct obligations under this heading
$1,243,647,000 is appropriated from the general fund and $2,000,000 is
provided from recoveries of prior year obligations: Provided further,
That of the amounts provided for the National Polar-orbiting Operational
Environmental Satellite System, funds shall only be made available on a
dollar-for-dollar matching basis with funds provided for the same
purpose by the Department of Defense: Provided further, That except to
the extent expressly prohibited by any other law, the Department of
Defense may delegate procurement functions related to the National
Polar-orbiting Operational Environmental Satellite System to officials
of the Department of Commerce pursuant to section 2311 of title 10,
United States Code: Provided further, That any deviation from the
amounts designated for specific activities in the report accompanying
this Act, or any use of deobligated balances of funds provided under
this heading in previous years, shall be subject to the procedures set
forth in section 505 of this Act: Provided further, That within the
amounts appropriated, $29,610,000 shall be used for the projects, and in
the amounts, specified in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated Act).
pacific coastal salmon recovery
For necessary expenses associated with the restoration of Pacific
salmon populations, $80,000,000, to remain available until September 30,
2010: Provided, That of the funds provided herein the Secretary of
Commerce may issue grants to the States of Washington, Oregon, Idaho,
Nevada, California, and Alaska, and Federally-recognized tribes of the
Columbia River and Pacific Coast for projects necessary for restoration
of salmon and steelhead populations that are listed as threatened or
endangered, or identified by a State as at-risk to be so-listed, for
maintaining populations necessary for exercise of tribal treaty fishing
rights or native subsistence fishing, or for conservation of Pacific
coastal salmon and steelhead habitat, based on guidelines to be
developed by the Secretary of Commerce: Provided further, That funds
disbursed to States shall be subject to a matching requirement of funds
or documented in-kind contributions of at least 33 percent of the
Federal funds.
[[Page 567]]
123 STAT. 567
coastal zone management fund
(including transfer of funds)
Of amounts collected pursuant to section 308 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1456a), not to exceed $3,000,000 shall
be transferred to the ``Operations, Research, and Facilities'' account
to offset the costs of implementing such Act.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2009, obligations of direct loans may not exceed
$8,000,000 for Individual Fishing Quota loans and not to exceed
$59,000,000 for traditional direct loans as authorized by the Merchant
Marine Act of 1936: Provided, That none of the funds made available
under this heading may be used for direct loans for any new fishing
vessel that will increase the harvesting capacity in any United States
fishery.
Departmental Management
salaries and expenses
For expenses necessary for the departmental management of the
Department of Commerce provided for by law, including not to exceed
$5,000 for official entertainment, $53,000,000: Provided,
That <> the Secretary, within 120 days of
enactment of this Act, shall provide a report to the Committees on
Appropriations that audits and evaluates all decision documents and
expenditures by the Bureau of the Census as they relate to the 2010
Census: Provided further, That <> of the amounts
provided to the Secretary within this account, $5,000,000 shall not
become available for obligation until the Secretary certifies to the
Committees on Appropriations that the Bureau of the Census has followed
and met all standards and best practices, and all Office of Management
and Budget guidelines related to information technology projects and
contract management.
herbert c. hoover building renovation and modernization
For expenses necessary, including blast windows, for the renovation
and modernization of the Herbert C. Hoover Building, $5,000,000, to
remain available until expended.
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 (5
U.S.C. App.), $25,800,000.
General Provisions--Department of Commerce
(including transfer of funds)
Sec. 101. During the current fiscal year, applicable appropriations
and funds made available to the Department of Commerce by this Act shall
be available for the activities specified in the Act of October 26, 1949
(15 U.S.C. 1514), to the extent and in the manner prescribed by the Act,
and, notwithstanding 31 U.S.C.
[[Page 568]]
123 STAT. 568
3324, may be used for advanced payments not otherwise authorized only
upon the certification of officials designated by the Secretary of
Commerce that such payments are in the public interest.
Sec. 102. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries and
expenses shall be available for hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law
(5 U.S.C. 5901-5902).
Sec. 103. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce 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 section shall be
treated as a reprogramming of funds under section 505 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section: Provided
further, That <> the Secretary of
Commerce shall notify the Committees on Appropriations at least 15 days
in advance of the acquisition or disposal of any capital asset
(including land, structures, and equipment) not specifically provided
for in this Act or any other law appropriating funds for the Department
of Commerce: Provided further, That for the National Oceanic and
Atmospheric Administration this section shall provide for transfers
among appropriations made only to the National Oceanic and Atmospheric
Administration and such appropriations may not be transferred and
reprogrammed to other Department of Commerce bureaus and appropriation
accounts.
Sec. 104. Any costs incurred by a department or agency funded under
this title resulting from personnel actions taken in response to funding
reductions included in this title or from actions taken for the care and
protection of loan collateral or grant property shall be absorbed within
the total budgetary resources available to such department or agency:
Provided, That the authority to transfer funds between appropriations
accounts as may be necessary to carry out this section is provided in
addition to authorities included elsewhere in this Act: Provided
further, That use of funds to carry out this section shall be treated as
a reprogramming of funds under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 105. Hereafter, notwithstanding any other provision of law, no
funds appropriated under this Act or any other Act shall be used to
register, issue, transfer, or enforce any trademark of the phrase ``Last
Best Place''.
Sec. 106. <> Hereafter,
the Secretary of Commerce is permitted to prescribe and enforce
standards or regulations affecting safety and health in the context of
scientific and occupational diving within the National Oceanic and
Atmospheric Administration.
Sec. 107. <>
The requirements set forth by section 112 of division B of Public Law
110-161 are hereby adopted by reference.
Sec. 108. Notwithstanding any other law, the Secretary may furnish
services (including but not limited to utilities, telecommunications,
and security services) necessary to support the operation, maintenance,
and improvement of space that persons, firms or organizations are
authorized pursuant to the Public Buildings Cooperative Use Act of 1976
or other authority to use or occupy
[[Page 569]]
123 STAT. 569
in the Herbert C. Hoover Building, Washington, D.C., or other buildings,
the maintenance, operation, and protection of which has been delegated
to the Secretary from the Administrator of General Services pursuant to
the Federal Property and Administrative Services Act of 1949, as
amended, on a reimbursable or non-reimbursable basis. Amounts received
as reimbursement for services provided under this section or the
authority under which the use or occupancy of the space is authorized,
up to $200,000, shall be credited to the appropriation or fund which
initially bears the costs of such services.
Sec. 109. The amounts made available under section 213 of Public Law
108-199 for a New England lobster fishing capacity reduction program
shall be available for transfer by the National Oceanic and Atmospheric
Administration from the Fisheries Finance Program Account to the
Operations, Research, and Facilities appropriation, to remain available
until expended, for the Southern New England Cooperative Research
Initiative for cooperative research, marine debris removal, and gear
modification for conservation in Rhode Island.
Sec. 110. Section (d)(2)(A) of title 16 U.S.C. 3645 is amended by
inserting ``Nevada,'' after ``Idaho,''.
Sec. 111. <> With the consent of the President,
the Secretary of Commerce shall represent the United States Government
in negotiating and monitoring international agreements regarding
fisheries, marine mammals, or sea turtles: Provided, That the Secretary
of Commerce shall be responsible for the development and
interdepartmental coordination of the policies of the United States with
respect to the international negotiations and agreements referred to in
this section.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2009''.
TITLE II <>
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the Department of
Justice, $105,805,000, of which not to exceed $4,000,000 for security
and construction of Department of Justice facilities shall remain
available until expended: Provided, That the Attorney General is
authorized to transfer funds appropriated within General Administration
to any office in this account: Provided further, That $13,213,000 is for
Department Leadership; $7,834,000 is for Intergovernmental Relations/
External Affairs; $12,254,000 is for Executive Support/Professional
Responsibility; and $72,504,000 is for the Justice Management Division:
Provided further, That any change in amounts specified in the preceding
proviso greater than 5 percent shall be submitted for approval to the
House and Senate Committees on Appropriations consistent with the terms
of section 505 of this Act: Provided further, That this transfer
authority is in addition to transfers authorized under section 505 of
this Act.
[[Page 570]]
123 STAT. 570
justice information sharing technology
For necessary expenses for information sharing technology, including
planning, development, deployment and departmental direction,
$80,000,000, to remain available until expended, of which $7,132,000 is
for the unified financial management system.
tactical law enforcement wireless communications
For the costs of developing and implementing a nation-wide
Integrated Wireless Network supporting Federal law enforcement, and for
the costs of operations and maintenance of existing Land Mobile Radio
legacy systems, $185,000,000, to remain available until expended:
Provided, That the Attorney General shall transfer to this account all
funds made available to the Department of Justice for the purchase of
portable and mobile radios: Provided further, That any transfer made
under the preceding proviso shall be subject to section 505 of this Act.
Administrative Review and Appeals
For expenses necessary for the administration of pardon and clemency
petitions and immigration-related activities, $270,000,000, of which
$4,000,000 shall be derived by transfer from the Executive Office for
Immigration Review fees deposited in the ``Immigration Examinations
Fee'' account.
detention trustee
For necessary expenses of the Federal Detention Trustee,
$1,295,319,000, to remain available until expended: Provided, That the
Trustee shall be responsible for managing the Justice Prisoner and Alien
Transportation System: Provided further, That not to exceed $5,000,000
shall be considered ``funds appropriated for State and local law
enforcement assistance'' pursuant to 18 U.S.C. 4013(b).
Office of Inspector General
For necessary expenses of the Office of Inspector General,
$75,681,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as
authorized, $12,570,000.
Legal Activities
salaries and expenses, general legal activities
(including transfer of funds)
For expenses necessary for the legal activities of the Department of
Justice, not otherwise provided for, including not to exceed $20,000 for
expenses of collecting evidence, to be expended under the direction of,
and to be accounted for solely under the certificate
[[Page 571]]
123 STAT. 571
of, the Attorney General; and rent of private or Government-owned space
in the District of Columbia, $804,007,000, of which not to exceed
$10,000,000 for litigation support contracts shall remain available
until expended: Provided, That of the total amount appropriated, not to
exceed $10,000 shall be available to the United States National Central
Bureau, INTERPOL, for official reception and representation expenses:
Provided further, That notwithstanding section 205 of this Act, upon a
determination by the Attorney General that emergent circumstances
require additional funding for litigation activities of the Civil
Division, the Attorney General may transfer such amounts to ``Salaries
and Expenses, General Legal Activities'' from available appropriations
for the current fiscal year for the Department of Justice, as may be
necessary to respond to such circumstances: Provided further, That any
transfer pursuant to the previous proviso shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section: Provided further, That of the amount
appropriated, such sums as may be necessary shall be available to
reimburse the Office of Personnel Management for salaries and expenses
associated with the Federal observer program under section 8 of the
Voting Rights Act of 1965 (42 U.S.C. 1973f): Provided further, That of
the amounts provided under this heading for the Federal observer program
$3,390,000 shall remain available until expended, of which $1,090,000,
previously transferred to the Department of Justice by the Office of
Personnel Management under section 126 of division A of Public Law 110-
329, shall be transferred back to the Office of Personnel Management by
the Department of Justice.
In addition, for reimbursement of expenses of the Department of
Justice associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, not to exceed $7,833,000, to be appropriated
from the Vaccine Injury Compensation Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and kindred
laws, $157,788,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, 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 (and
estimated to be $157,788,000 in fiscal year 2009), shall be retained and
used for necessary expenses in this appropriation, and shall remain
available until expended: Provided further, That the sum herein
appropriated from the general fund shall be reduced as such offsetting
collections are received during fiscal year 2009, so as to result in a
final fiscal year 2009 appropriation from the general fund estimated at
$0.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements,
$1,836,336,000: Provided, That of the total amount appropriated, not to
exceed $8,000 shall be available for official reception and
representation expenses: Provided further, That not to exceed
[[Page 572]]
123 STAT. 572
$25,000,000 shall remain available until expended: Provided further,
That of the amount provided under this heading, not less than
$33,600,000 shall be used for salaries and expenses for assistant U.S.
Attorneys to carry out section 704 of the Adam Walsh Child Protection
and Safety Act of 2006 (Public Law 109-248) concerning the prosecution
of offenses relating to the sexual exploitation of children.
united states trustee system fund
For necessary expenses of the United States Trustee Program, as
authorized, $217,416,000, to remain available until expended and to be
derived from the United States Trustee System Fund: Provided, That
notwithstanding any other provision of law, deposits to the Fund shall
be available in such amounts as may be necessary to pay refunds due
depositors: Provided further, That, notwithstanding any other provision
of law, $160,000,000 of offsetting collections pursuant to 28 U.S.C.
589a(b) shall be retained and used for necessary expenses in this
appropriation and shall remain available until expended: Provided
further, That the sum herein appropriated from the Fund shall be reduced
as such offsetting collections are received during fiscal year 2009, so
as to result in a final fiscal year 2009 appropriation from the Fund
estimated at $52,416,000.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized by
section 3109 of title 5, United States Code, $1,823,000.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of contracts for
the procurement and supervision of expert witnesses, for private counsel
expenses, including advances, and for expenses of foreign counsel,
$168,300,000, to remain available until expended: Provided, That not to
exceed $10,000,000 may be made available for construction of buildings
for protected witness safesites: Provided further, That not to exceed
$3,000,000 may be made available for the purchase and maintenance of
armored and other vehicles for witness security caravans: Provided
further, That not to exceed $9,000,000 may be made available for the
purchase, installation, maintenance, and upgrade of secure
telecommunications equipment and a secure automated information network
to store and retrieve the identities and locations of protected
witnesses.
salaries and expenses, community relations service
For necessary expenses of the Community Relations Service,
$9,873,000: Provided, That notwithstanding section 205 of this Act, upon
a determination by the Attorney General that emergent circumstances
require additional funding for conflict resolution and violence
prevention activities of the Community Relations Service, the Attorney
General may transfer such amounts to the Community Relations Service,
from available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as
[[Page 573]]
123 STAT. 573
a reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section.
assets forfeiture fund
For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and (G),
$20,990,000, to be derived from the Department of Justice Assets
Forfeiture Fund.
United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals Service,
$950,000,000; of which not to exceed $30,000 shall be available for
official reception and representation expenses; of which not to exceed
$4,000,000 shall remain available until expended for information
technology systems; and of which not less than $12,625,000 shall be
available for the costs of courthouse security equipment, including
furnishings, relocations, and telephone systems and cabling, and shall
remain available until expended.
construction
For construction in space controlled, occupied or utilized by the
United States Marshals Service for prisoner holding and related support,
$4,000,000, to remain available until expended.
National Security Division
salaries and expenses
For expenses necessary to carry out the activities of the National
Security Division, $83,789,000; of which not to exceed $5,000,000 for
information technology systems shall remain available until expended:
Provided, That notwithstanding section 205 of this Act, upon a
determination by the Attorney General that emergent circumstances
require additional funding for the activities of the National Security
Division, the Attorney General may transfer such amounts to this heading
from available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification, investigation, and
prosecution of individuals associated with the most significant drug
trafficking and affiliated money laundering organizations not otherwise
provided for, to include inter-governmental agreements with State and
local law enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug trafficking,
$515,000,000, of which $50,000,000 shall remain
[[Page 574]]
123 STAT. 574
available until expended: Provided, That any amounts obligated from
appropriations under this heading may be used under authorities
available to the organizations reimbursed from this appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of Investigation for
detection, investigation, and prosecution of crimes against the United
States; $7,065,100,000; of which not to exceed $150,000,000 shall remain
available until expended: Provided, That not to exceed $205,000 shall be
available for official reception and representation expenses.
construction
For necessary expenses to construct or acquire buildings and sites
by purchase, or as otherwise authorized by law (including equipment for
such buildings); conversion and extension of federally-owned buildings;
and preliminary planning and design of projects; $153,491,000, to remain
available until expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement Administration,
including not to exceed $70,000 to meet unforeseen emergencies of a
confidential character pursuant to 28 U.S.C. 530C; and expenses for
conducting drug education and training programs, including travel and
related expenses for participants in such programs and the distribution
of items of token value that promote the goals of such programs,
$1,939,084,000; of which not to exceed $75,000,000 shall remain
available until expended; and of which not to exceed $100,000 shall be
available for official reception and representation expenses.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms
and Explosives, not to exceed $40,000 for official reception and
representation expenses; for training of State and local law enforcement
agencies with or without reimbursement, including training in connection
with the training and acquisition of canines for explosives and fire
accelerants detection; and for provision of laboratory assistance to
State and local law enforcement agencies, with or without reimbursement,
$1,054,215,000, of which not to exceed $1,000,000 shall be available for
the payment of attorneys' fees as provided by section 924(d)(2) of title
18, United States Code; and of which $10,000,000 shall remain available
until expended: Provided, That no funds appropriated herein shall be
available for salaries or administrative expenses in connection with
consolidating or centralizing, within the Department of Justice, the
records, or any portion thereof, of acquisition and disposition of
firearms maintained by Federal firearms licensees: Provided
[[Page 575]]
123 STAT. 575
further, That no funds appropriated herein shall be used to pay
administrative expenses or the compensation of any officer or employee
of the United States to implement an amendment or amendments to 27 CFR
478.118 or to change the definition of ``Curios or relics'' in 27 CFR
478.11 or remove any item from ATF Publication 5300.11 as it existed on
January 1, 1994: Provided further, That none of the funds appropriated
herein shall be available to investigate or act upon applications for
relief from Federal firearms disabilities under 18 U.S.C. 925(c):
Provided further, That such funds shall be available to investigate and
act upon applications filed by corporations for relief from Federal
firearms disabilities under section 925(c) of title 18, United States
Code: Provided further, That no funds made available by this or any
other Act may be used to transfer the functions, missions, or activities
of the Bureau of Alcohol, Tobacco, Firearms and Explosives to other
agencies or Departments in fiscal year 2009: <> Provided further, That,
beginning in fiscal year 2009 and thereafter, no funds appropriated
under this or any other Act may be used to disclose part or all of the
contents of the Firearms Trace System database maintained by the
National Trace Center of the Bureau of Alcohol, Tobacco, Firearms and
Explosives or any information required to be kept by licensees pursuant
to section 923(g) of title 18, United States Code, or required to be
reported pursuant to paragraphs (3) and (7) of such section 923(g),
except to: (1) a Federal, State, local, tribal, or foreign law
enforcement agency, or a Federal, State, or local prosecutor, solely in
connection with and for use in a criminal investigation or prosecution;
or (2) a Federal agency for a national security or intelligence purpose;
and all such data shall be immune from legal process, shall not be
subject to subpoena or other discovery, shall be inadmissible in
evidence, and shall not be used, relied on, or disclosed in any manner,
nor shall testimony or other evidence be permitted based on the data, in
a civil action in any State (including the District of Columbia) or
Federal court or in an administrative proceeding other than a proceeding
commenced by the Bureau of Alcohol, Tobacco, Firearms and Explosives to
enforce the provisions of chapter 44 of such title, or a review of such
an action or proceeding; except that this proviso shall not be construed
to prevent: (A) the disclosure of statistical information concerning
total production, importation, and exportation by each licensed importer
(as defined in section 921(a)(9) of such title) and licensed
manufacturer (as defined in section 921(a)(10) of such title); (B) the
sharing or exchange of such information among and between Federal,
State, local, or foreign law enforcement agencies, Federal, State, or
local prosecutors, and Federal national security, intelligence, or
counterterrorism officials; or (C) the publication of annual statistical
reports on products regulated by the Bureau of Alcohol, Tobacco,
Firearms and Explosives, including total production, importation, and
exportation by each licensed importer (as so defined) and licensed
manufacturer (as so defined), or statistical aggregate data regarding
firearms traffickers and trafficking channels, or firearms misuse,
felons, and trafficking investigations: Provided further, That no funds
made available by this or any other Act shall be expended to promulgate
or implement any rule requiring a physical inventory of any business
licensed under section 923 of title 18, United States Code: Provided
further, That no funds under this Act may be used to electronically
retrieve information gathered pursuant to 18 U.S.C.
[[Page 576]]
123 STAT. 576
923(g)(4) by name or any personal identification code: Provided further,
That no funds authorized or made available under this or any other Act
may be used to deny any application for a license under section 923 of
title 18, United States Code, or renewal of such a license due to a lack
of business activity, provided that the applicant is otherwise eligible
to receive such a license, and is eligible to report business income or
to claim an income tax deduction for business expenses under the
Internal Revenue Code of 1986.
Federal Prison System
salaries and expenses
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and
correctional institutions, including purchase (not to exceed 810, of
which 766 are for replacement only) and hire of law enforcement and
passenger motor vehicles, and for the provision of technical assistance
and advice on corrections related issues to foreign governments,
$5,595,754,000: <> Provided, That the Attorney
General may transfer to the Health Resources and Services Administration
such amounts as may be necessary for direct expenditures by that
Administration for medical relief for inmates of Federal penal and
correctional institutions: Provided further, That the Director of the
Federal Prison System, where necessary, may enter into contracts with a
fiscal agent or fiscal intermediary claims processor to determine the
amounts payable to persons who, on behalf of the Federal Prison System,
furnish health services to individuals committed to the custody of the
Federal Prison System: Provided further, That not to exceed $6,000 shall
be available for official reception and representation expenses:
Provided further, That not to exceed $50,000,000 shall remain available
for necessary operations until September 30, 2010: Provided further,
That, of the amounts provided for contract confinement, not to exceed
$20,000,000 shall remain available until expended to make payments in
advance for grants, contracts and reimbursable agreements, and other
expenses authorized by section 501(c) of the Refugee Education
Assistance Act of 1980 (8 U.S.C. 1522 note), for the care and security
in the United States of Cuban and Haitian entrants: Provided further,
That the Director of the Federal Prison System may accept donated
property and services relating to the operation of the prison card
program from a not-for-profit entity which has operated such program in
the past notwithstanding the fact that such not-for-profit entity
furnishes services under contracts to the Federal Prison System relating
to the operation of pre-release services, halfway houses, or other
custodial facilities.
buildings and facilities
For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use, including
all necessary expenses incident thereto, by contract or force account;
and constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account,
$575,807,000, to remain available until expended,
[[Page 577]]
123 STAT. 577
of which not less than $110,627,000 shall be available only for
modernization, maintenance and repair, and of which not to exceed
$14,000,000 shall be available to construct areas for inmate work
programs: Provided, That labor of United States prisoners may be used
for work performed under this appropriation.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby authorized to
make such expenditures, within the limits of funds and borrowing
authority available, and in accord with the law, and to make such
contracts and commitments, without regard to fiscal year limitations as
provided by section 9104 of title 31, United States Code, as may be
necessary in carrying out the program set forth in the budget for the
current fiscal year for such corporation, including purchase (not to
exceed five for replacement only) and hire of passenger motor vehicles.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,328,000 of the funds of the Federal Prison
Industries, Incorporated shall be available for its administrative
expenses, and for services as authorized by section 3109 of title 5,
United States Code, to be computed on an accrual basis to be determined
in accordance with the corporation's current prescribed accounting
system, and such amounts shall be exclusive of depreciation, payment of
claims, and expenditures which such accounting system requires to be
capitalized or charged to cost of commodities acquired or produced,
including selling and shipping expenses, and expenses in connection with
acquisition, construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property belonging to
the corporation or in which it has an interest.
State and Local Law Enforcement Activities
Office on Violence Against Women
violence against women prevention and prosecution programs
For grants, contracts, cooperative agreements, and other assistance
for the prevention and prosecution of violence against women, as
authorized by the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.) (``the 1968 Act''); the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994 Act''); the
Victims of Child Abuse Act of 1990 (Public Law 101-647) (``the 1990
Act''); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-21); the
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601
et seq.) (``the 1974 Act''); the Victims of Trafficking and Violence
Protection Act of 2000 (Public Law 106-386) (``the 2000 Act''); and the
Violence Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162) (``the 2005 Act''); and for related victims
services, $415,000,000, to remain available until expended: Provided,
That except as otherwise provided by law, not to exceed 3 percent of
funds made available under this heading may be
[[Page 578]]
123 STAT. 578
used for expenses related to evaluation, training, and technical
assistance: Provided further, That of the amount provided (which shall
be by transfer, for programs administered by the Office of Justice
Programs)--
(1) $15,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(2) $2,500,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by section
222 of the 1990 Act;
(3) $190,000,000 for grants to combat violence against
women, as authorized by part T of the 1968 Act, of which--
(A) $18,000,000 shall be for transitional housing
assistance grants for victims of domestic violence,
stalking or sexual assault as authorized by section
40299 of the 1994 Act; and
(B) $1,880,000 shall be for the National Institute
of Justice for research and evaluation of violence
against women and related issues addressed by grant
programs of the Office on Violence Against Women;
(4) $60,000,000 for grants to encourage arrest policies as
authorized by part U of the 1968 Act;
(5) $12,000,000 for sexual assault victims assistance, as
authorized by section 41601 of the 1994 Act;
(6) $41,000,000 for rural domestic violence and child abuse
enforcement assistance grants, as authorized by section 40295 of
the 1994 Act;
(7) $3,500,000 for training programs as authorized by
section 40152 of the 1994 Act, and for related local
demonstration projects;
(8) $3,000,000 for grants to improve the stalking and
domestic violence databases, as authorized by section 40602 of
the 1994 Act;
(9) $9,500,000 for grants to reduce violent crimes against
women on campus, as authorized by section 304 of the 2005 Act;
(10) $37,000,000 for legal assistance for victims, as
authorized by section 1201 of the 2000 Act;
(11) $4,250,000 for enhanced training and services to end
violence against and abuse of women in later life, as authorized
by section 40802 of the 1994 Act;
(12) $14,000,000 for the safe havens for children program,
as authorized by section 1301 of the 2000 Act;
(13) $6,750,000 for education and training to end violence
against and abuse of women with disabilities, as authorized by
section 1402 of the 2000 Act;
(14) $3,000,000 for an engaging men and youth in prevention
program, as authorized by section 41305 of the 1994 Act;
(15) $1,000,000 for analysis and research on violence
against Indian women, as authorized by section 904 of the 2005
Act;
(16) $1,000,000 for tracking of violence against Indian
women, as authorized by section 905 of the 2005 Act;
(17) $3,500,000 for services to advocate and respond to
youth, as authorized by section 41201 of the 1994 Act;
(18) $3,000,000 for grants to assist children and youth
exposed to violence, as authorized by section 41303 of the 1994
Act;
[[Page 579]]
123 STAT. 579
(19) $3,000,000 for the court training and improvements
program, as authorized by section 41002 of the 1994 Act;
(20) $1,000,000 for the National Resource Center on
Workplace Responses to assist victims of domestic violence, as
authorized by section 41501 of the 1994 Act; and
(21) $1,000,000 for grants for televised testimony, as
authorized by part N of title I of the 1968 Act.
Office of Justice Programs
justice assistance
For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act
of 1968; the Missing Children's Assistance Act (42 U.S.C. 5771 et seq.);
the Prosecutorial Remedies and Other Tools to end the Exploitation of
Children Today Act of 2003 (Public Law 108-21); the Justice for All Act
of 2004 (Public Law 108-405); the Violence Against Women and Department
of Justice Reauthorization Act of 2005 (Public Law 109-162); the Victims
of Child Abuse Act of 1990 (Public Law 101-647); the Victims of Crime
Act of 1984 (Public Law 98-473); the Adam Walsh Child Protection and
Safety Act of 2006 (Public Law 109-248); the PROTECT Our Children Act of
2008 (Public Law 110-401); subtitle D of title II of the Homeland
Security Act of 2002 (Public Law 107-296), which may include research
and development; and other programs (including the Statewide Automated
Victim Notification Program); $220,000,000, to remain available until
expended, of which:
(1) $45,000,000 is for criminal justice statistics programs,
pursuant to part C of the 1968 Act, of which $26,000,000 is for
the National Crime Victimization Survey; and
(2) $48,000,000 is for research, development, and evaluation
programs:
Provided, That section 1404(c)(3)(E)(i) of the Victims of Crime Act of
1984, as amended (42 U.S.C. 10603) is amended after ``internships'' by
inserting ``and for grants under subparagraphs (1)(A) and (B), pursuant
to rules or guidelines that generally establish a publicly-announced,
competitive process''.
state and local law enforcement assistance
For grants, contracts, cooperative agreements, and other assistance
authorized by the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and
Safe Streets Act of 1968 (``the 1968 Act''); the Justice for All Act of
2004 (Public Law 108-405); the Victims of Child Abuse Act of 1990
(Public Law 101-647) (``the 1990 Act''); the Trafficking Victims
Protection Reauthorization Act of 2005 (Public Law 109-164); the
Violence Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162); the Adam Walsh Child Protection and Safety
Act of 2006 (Public Law 109-248); and the Victims of Trafficking and
Violence Protection Act of 2000 (Public Law 106-386); and other
programs; $1,328,500,000, to remain available until expended as follows:
(1) $546,000,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part E of
title I of the 1968 Act, (except that section 1001(c), and
[[Page 580]]
123 STAT. 580
the special rules for Puerto Rico under section 505(g), of the
1968 Act, shall not apply for purposes of this Act), of which
$5,000,000 is for use by the National Institute of Justice in
assisting units of local government to identify, select,
develop, modernize, and purchase new technologies for use by law
enforcement, $2,000,000 is for a program to improve State and
local law enforcement intelligence capabilities including
antiterrorism training and training to ensure that
constitutional rights, civil liberties, civil rights, and
privacy interests are protected throughout the intelligence
process, $7,000,000 is to reimburse State and local law
enforcement for security and related costs, including overtime,
associated with the extraordinary security required to protect
the President-elect during the Presidential transition period;
and $20,000,000 is to reimburse State and local governments for
extraordinary costs associated with the 2009 Presidential
Inauguration;
(2) $400,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(i)(5) of the Immigration
and Nationality Act (8 U.S.C. 1231(i)(5));
(3) $31,000,000 for the Southwest Border Prosecutor
Initiative to reimburse State, county, parish, tribal, or
municipal governments for costs associated with the prosecution
of criminal cases declined by local offices of the United States
Attorneys;
(4) $3,000,000 for the Northern Border Prosecutor Initiative
to reimburse State, county, parish, tribal or municipal
governments for the costs associated with the prosecution of
criminal cases declined by local offices of United States
Attorneys;
(5) $178,500,000 for discretionary grants to improve the
functioning of the criminal justice system, to prevent or combat
juvenile delinquency, and to assist victims of crime (other than
compensation): Provided, That within the amounts appropriated,
$178,500,000 shall be used for the projects, and in the amounts
specified in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act);
(6) $30,000,000 for competitive grants to improve the
functioning of the criminal justice system, to prevent or combat
juvenile delinquency, and to assist victims of crime (other than
compensation);
(7) $2,000,000 for the purposes described in the Missing
Alzheimer's Disease Patient Alert Program (section 240001 of the
1994 Act);
(8) $10,000,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of Public Law
106-386 and for programs authorized under Public Law 109-164;
(9) $40,000,000 for Drug Courts, as authorized by section
1001(25)(A) of title I of the 1968 Act;
(10) $7,000,000 for a prescription drug monitoring program;
(11) $12,500,000 for prison rape prevention and prosecution
and other programs, as authorized by the Prison Rape Elimination
Act of 2003 (Public Law 108-79);
(12) $10,000,000 for grants for Residential Substance Abuse
Treatment for State Prisoners, as authorized by part S of title
I of the 1968 Act;
[[Page 581]]
123 STAT. 581
(13) $5,500,000 for the Capital Litigation Improvement Grant
Program, as authorized by section 426 of Public Law 108-405, and
for grants for wrongful prosecution review;
(14) $10,000,000 for mental health courts and adult and
juvenile collaboration program grants, as authorized by parts V
and HH of title I of the 1968 Act, and the Mentally Ill Offender
Treatment and Crime Reduction Reauthorization and Improvement
Act of 2008 (Public Law 110-416);
(15) $25,000,000 for assistance to Indian tribes, of which--
(A) $10,000,000 shall be available for grants under
section 20109 of subtitle A of title II of the 1994 Act;
(B) $9,000,000 shall be available for the Tribal
Courts Initiative; and
(C) $6,000,000 shall be available for tribal alcohol
and substance abuse reduction assistance grants; and
(16) $18,000,000 for economic, high technology and Internet
crime prevention grants:
Provided, That, if a unit of local government uses any of the funds made
available under this heading to increase the number of law enforcement
officers, the unit of local government will achieve a net gain in the
number of law enforcement officers who perform nonadministrative public
safety service.
weed and seed program fund
For necessary expenses, including salaries and related expenses of
the Office of Weed and Seed Strategies, $25,000,000, to remain available
until expended, as authorized by section 103 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968.
juvenile justice programs
For grants, contracts, cooperative agreements, and other assistance
authorized by the Juvenile Justice and Delinquency Prevention Act of
1974 (``the 1974 Act''), the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''), the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Public Law 109-162), the Missing
Children's Assistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial
Remedies and Other Tools to end the Exploitation of Children Today Act
of 2003 (Public Law 108-21); the Victims of Child Abuse Act of 1990
(Public Law 101-647); the Adam Walsh Child Protection and Safety Act of
2006 (Public Law 109-248); the PROTECT Our Children Act of 2008 (Public
Law 110-401), and other juvenile justice programs, $374,000,000, to
remain available until expended as follows:
(1) $75,000,000 for programs authorized by section 221 of
the 1974 Act, and for training and technical assistance to
assist small, non-profit organizations with the Federal grants
process;
(2) $82,000,000 for grants and projects, as authorized by
sections 261 and 262 of the 1974 Act: Provided, That within the
amounts appropriated, $82,000,000 shall be used for the
projects, and in the amounts, specified in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act);
(3) $80,000,000 for youth mentoring grants;
[[Page 582]]
123 STAT. 582
(4) $62,000,000 for delinquency prevention, as authorized by
section 505 of the 1974 Act, of which, pursuant to sections 261
and 262 thereof--
(A) $25,000,000 shall be for the Tribal Youth
Program;
(B) $10,000,000 shall be for a gang resistance
education and training program; and
(C) $25,000,000 shall be for grants of $360,000 to
each State and $4,840,000 shall be available for
discretionary grants, for programs and activities to
enforce State laws prohibiting the sale of alcoholic
beverages to minors or the purchase or consumption of
alcoholic beverages by minors, for prevention and
reduction of consumption of alcoholic beverages by
minors, and for technical assistance and training;
(5) $20,000,000 for programs authorized by the Victims of
Child Abuse Act of 1990; and
(6) $55,000,000 for the Juvenile Accountability Block Grants
program as authorized by part R of title I of the 1968 Act and
Guam shall be considered a State:
Provided, That not more than 10 percent of each amount may be used for
research, evaluation, and statistics activities designed to benefit the
programs or activities authorized: Provided further, That not more than
2 percent of each amount may be used for training and technical
assistance: Provided further, That the previous two provisos shall not
apply to grants and projects authorized by sections 261 and 262 of the
1974 Act.
public safety officer benefits
For payments and expenses authorized by part L of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796),
such sums as are necessary, as authorized by section 6093 of Public Law
100-690 (102 Stat. 4339-4340) (including amounts for administrative
costs, which amounts shall be paid to the ``Salaries and Expenses''
account), to remain available until expended; and $5,000,000 for
payments authorized by section 1201(b) of such Act; and $4,100,000 for
educational assistance, as authorized by section 1212 of such Act.
community oriented policing services
For activities authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322); the Omnibus Crime Control
and Safe Streets Act of 1968 (``the 1968 Act''); the Violence Against
Women and Department of Justice Reauthorization Act of 2005 (Public Law
109-162); subtitle D of title II of the Homeland Security Act of 2002
(Public Law 107-296), which may include research and development; and
the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law
109-177); the Second Chance Act of 2007 (Public Law 110-199); the NICS
Improvement Amendments Act of 2007 (Public Law 110-180); the Adam Walsh
Child Protection and Safety Act of 2006 (Public Law 109-248) (the ``Adam
Walsh Act''); and the Justice for All Act of 2004 (Public Law 108-405),
$550,500,000, to remain available until expended: Provided, That any
balances made available through prior year deobligations shall only be
available in accordance with section 505 of this Act. Of the amount
provided
[[Page 583]]
123 STAT. 583
(which shall be by transfer, for programs administered by the Office of
Justice Programs)--
(1) $25,000,000 is for the matching grant program for armor
vests for law enforcement officers, as authorized by section
2501 of title I of the 1968 Act: Provided, That $1,500,000 is
transferred directly to the National Institute of Standards and
Technology's Office of Law Enforcement Standards from the
Community Oriented Policing Services Office for research,
testing, and evaluation programs: Provided further, That section
2501(f) of part Y of title I of the 1968 Act (42 U.S.C.
3796ll(f)), is amended by inserting at the end the following:
``(3) Waiver.--The Director may waive in whole or in part,
the match requirement of paragraph (1) in the case of fiscal
hardship, as determined by the Director.'';
(2) $39,500,000 is for grants to entities described in
section 1701 of title I of the 1968 Act, to address public
safety and methamphetamine manufacturing, sale, and use in hot
spots as authorized by section 754 of Public Law 109-177, and
for other anti-methamphetamine-related activities: Provided,
That within the amounts appropriated, $34,500,000 shall be used
for the projects, and in the amounts, specified in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act);
(3) $187,000,000 is for a law enforcement technologies and
interoperable communications program, and related law
enforcement and public safety equipment: Provided, That within
the amounts appropriated, $185,500,000 shall be used for the
projects, and in the amounts, specified in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act);
(4) $25,000,000 is for offender re-entry programs, as
authorized under section 101 and 211 of the Second Chance Act of
2007 (Public Law 110-199), of which $15,000,000 is for grants
for adult and juvenile offender state and local reentry
demonstration projects, and $10,000,000 is for grants for
mentoring and transitional services;
(5) $10,000,000 is for grants to assist States and tribal
governments as authorized by the NICS Improvements Amendments
Act of 2007 (Public Law 110-180);
(6) $10,000,000 is for grants to upgrade criminal records,
as authorized under the Crime Identification Technology Act of
1998 (42 U.S.C. 14601);
(7) $156,000,000 is for DNA related and forensic programs
and activities as follows:
(A) $151,000,000 for a DNA analysis and capacity
enhancement program and for other local, state, and
Federal forensic activities including the purposes of
section 2 of the DNA Analysis Backlog Elimination Act of
2000 (the Debbie Smith DNA Backlog Grant Program); and
(B) $5,000,000 for the purposes described in the
Kirk Bloodsworth Post-Conviction DNA Testing Program
(Public Law 108-405, section 412);
(8) $20,000,000 is for improving tribal law enforcement,
including equipment and training;
(9) $15,000,000 is for programs to reduce gun crime and gang
violence;
(10) $4,000,000 is for training and technical assistance;
[[Page 584]]
123 STAT. 584
(11) $18,000,000 is for a national grant program the purpose
of which is to assist State and local law enforcement to locate,
arrest and prosecute child sexual predators and exploiters, and
to enforce sex offender registration laws described in section
1701(b) of the 1968 Act, of which:
(A) $5,000,000 is for sex offender management
assistance as authorized by the Adam Walsh Act and the
Violent Crime Control Act of 1994 (Public Law 103-322);
and
(B) $1,000,000 is for the National Sex Offender
Public Registry;
(12) $16,000,000 is for expenses authorized by part AA of
the 1968 Act (Secure our Schools); and
(13) $25,000,000 is for Paul Coverdell Forensic Science
Improvement Grants under part BB of title I of the 1968 Act.
salaries and expenses
For necessary expenses, not elsewhere specified in this title, for
management and administration of programs within the Office on Violence
Against Women, the Office of Justice Programs and the Community Oriented
Policing Services Office, $174,000,000, of which not to exceed
$14,000,000 shall be available for the Office on Violence Against Women;
not to exceed $130,000,000 shall be available for the Office of Justice
Programs; not to exceed $30,000,000 shall be available for the Community
Oriented Policing Services Office: Provided, That, notwithstanding
section 109 of title I of Public Law 90-351, an additional amount, not
to exceed $21,000,000 shall be available for authorized activities of
the Office of Audit, Assessment, and Management: Provided further, That
the total amount available for management and administration of such
programs shall not exceed $195,000,000.
General Provisions--Department of Justice
Sec. 201. In addition to amounts otherwise made available in this
title for official reception and representation expenses, a total of not
to exceed $50,000 from funds appropriated to the Department of Justice
in this title shall be available to the Attorney General for official
reception and representation expenses.
Sec. 202. None <> of the funds appropriated by
this title shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were carried to
term, or in the case of rape: Provided, That should this prohibition be
declared unconstitutional by a court of competent jurisdiction, this
section shall be null and void.
Sec. 203. None <> of the funds appropriated under
this title shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 204. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside
the Federal facility: Provided, That nothing in this section in any way
diminishes the effect of section 203 intended to address the
philosophical beliefs of individual employees of the Bureau of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice
[[Page 585]]
123 STAT. 585
in this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, 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 section 505 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section: <> Provided
further, That none of the funds appropriated to ``Buildings and
Facilities, Federal Prison System'' in this or any other Act may be
transferred to ``Salaries and Expenses, Federal Prison System'', or any
other Department of Justice account, unless the President certifies that
such a transfer is necessary to the national security interests of the
United States, and such authority shall not be delegated, and shall be
subject to section 505 of this Act.
Sec. 206. The <>
Attorney General is authorized to extend through September 30, 2010, the
Personnel Management Demonstration Project transferred to the Attorney
General pursuant to section 1115 of the Homeland Security Act of 2002,
Public Law 107-296 (6 U.S.C. 533) without limitation on the number of
employees or the positions covered.
Sec. 207. Notwithstanding <> any other provision of law, Public Law 102-395 section
102(b) shall extend to the Bureau of Alcohol, Tobacco, Firearms and
Explosives in the conduct of undercover investigative operations and
shall apply without fiscal year limitation with respect to any
undercover investigative operation initiated by the Bureau of Alcohol,
Tobacco, Firearms and Explosives that is necessary for the detection and
prosecution of crimes against the United States.
Sec. 208. None of the funds made available to the Department of
Justice in this Act may be used for the purpose of transporting an
individual who is a prisoner pursuant to conviction for crime under
State or Federal law and is classified as a maximum or high security
prisoner, other than to a prison or other facility certified by the
Federal Bureau of Prisons as appropriately secure for housing such a
prisoner.
Sec. 209. (a) None of the funds appropriated by this Act may be used
by Federal prisons to purchase cable television services, to rent or
purchase videocassettes, videocassette recorders, or other audiovisual
or electronic equipment used primarily for recreational purposes.
(b) The preceding sentence does not preclude the renting,
maintenance, or purchase of audiovisual or electronic equipment for
inmate training, religious, or educational programs.
Sec. 210. None <> of the funds made
available under this title shall be obligated or expended for Sentinel,
or for any other major new or enhanced information technology program
having total estimated development costs in excess of $100,000,000,
unless the Deputy Attorney General and the investment review board
certify to the Committees on Appropriations that the information
technology program has appropriate program management and contractor
oversight mechanisms in place, and that the program is compatible with
the enterprise architecture of the Department of Justice.
Sec. 211. The <> notification
thresholds and procedures set forth in section 505 of this Act shall
apply to deviations from the amounts
[[Page 586]]
123 STAT. 586
designated for specific activities in this Act and accompanying
statement, and to any use of deobligated balances of funds provided
under this title in previous years.
Sec. 212. None of the funds appropriated by this Act may be used to
plan for, begin, continue, finish, process, or approve a public-private
competition under the Office of Management and Budget Circular A-76 or
any successor administrative regulation, directive, or policy for work
performed by employees of the Bureau of Prisons or of Federal Prison
Industries, Incorporated.
Sec. 213. Notwithstanding any other provision of law, no funds
shall be available for the salary, benefits, or expenses of any United
States Attorney assigned dual or additional responsibilities by the
Attorney General or his designee that exempt that United States Attorney
from the residency requirements of 28 U.S.C. 545.
Sec. 214. None <> of the funds appropriated
in this or any other Act shall be obligated for the initiation of a
future phase of the Federal Bureau of Investigation's Sentinel program
until the Attorney General certifies to the Committees on Appropriations
that existing phases currently under contract for development or
fielding have completed a majority of the work for that phase under the
performance measurement baseline validated by the integrated baseline
review conducted in 2008: Provided, That this restriction does not apply
to planning and design activities for future
phases: <> Provided further, That the Bureau will
notify the Committees on Appropriations of any significant changes to
the baseline.
Sec. 215. <> (a) The Attorney General
shall submit quarterly reports to the Inspector General of the
Department of Justice regarding the costs and contracting procedures
relating to each conference held by the Department of Justice during
fiscal year 2009 for which the cost to the Government was more than
$20,000.
(b) Each report submitted under subsection (a) shall include, for
each conference described in that subsection held during the applicable
quarter--
(1) a description of the subject of and number of
participants attending that conference;
(2) a detailed statement of the costs to the Government
relating to that conference, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services; and
(C) a discussion of the methodology used to
determine which costs relate to that conference; and
(3) a description of the contracting procedures relating to
that conference, including--
(A) whether contracts were awarded on a competitive
basis for that conference; and
(B) a discussion of any cost comparison conducted by
the Department of Justice in evaluating potential
contractors for that conference.
This title may be cited as the ``Department of Justice
Appropriations Act, 2009''.
[[Page 587]]
123 STAT. 587
TITLE III <>
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6601-6671), hire of passenger motor vehicles, and services as authorized
by 5 U.S.C. 3109, not to exceed $2,500 for official reception and
representation expenses, and rental of conference rooms in the District
of Columbia, $5,303,000.
National Aeronautics and Space Administration
science
For necessary expenses, not otherwise provided for, in the conduct
and support of science research and development activities, including
research, development, operations, support, and services; maintenance;
construction of facilities including repair, rehabilitation,
revitalization, and modification of facilities, construction of new
facilities and additions to existing facilities, facility planning and
design, and restoration, and acquisition or condemnation of real
property, as authorized by law; environmental compliance and
restoration; space flight, spacecraft control, and communications
activities; program management; personnel and related costs, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $4,503,019,000 to remain available until
September 30, 2010.
aeronautics
For necessary expenses, not otherwise provided for, in the conduct
and support of aeronautics research and development activities,
including research, development, operations, support, and services;
maintenance; construction of facilities including repair,
rehabilitation, revitalization, and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law; environmental
compliance and restoration; space flight, spacecraft control, and
communications activities; program management; personnel and related
costs, including uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902; travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and operation of
mission and administrative aircraft, $500,000,000 to remain available
until September 30, 2010.
exploration
For necessary expenses, not otherwise provided for, in the conduct
and support of exploration research and development activities,
including research, development, operations, support, and services;
maintenance; construction of facilities including repair,
[[Page 588]]
123 STAT. 588
rehabilitation, revitalization, and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law; environmental
compliance and restoration; space flight, spacecraft control, and
communications activities; program management, personnel and related
costs, including uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902; travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and operation of
mission and administrative aircraft, $3,505,469,000 to remain available
until September 30, 2010.
space operations
For necessary expenses, not otherwise provided for, in the conduct
and support of space operations research and development activities,
including research, development, operations, support and services; space
flight, spacecraft control and communications activities including
operations, production, and services; maintenance; construction of
facilities including repair, rehabilitation, revitalization and
modification of facilities, construction of new facilities and additions
to existing facilities, facility planning and design, and restoration,
and acquisition or condemnation of real property, as authorized by law;
environmental compliance and restoration; program management; personnel
and related costs, including uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and hire of
passenger motor vehicles; and purchase, lease, charter, maintenance and
operation of mission and administrative aircraft, $5,764,710,000, to
remain available until September 30, 2010: Provided, That of the amounts
provided under this heading, $2,981,724,000 shall be for Space Shuttle
operations, production, research, development, and support,
$2,060,162,000 shall be for International Space Station operations,
production, research, development, and support, and $722,824,000 shall
be for Space and Flight support.
education
For necessary expenses, not otherwise provided for, in carrying out
aerospace and aeronautical education research and development
activities, including research, development, operations, support, and
services; program management; personnel and related costs, uniforms or
allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel
expenses; purchase and hire of passenger motor vehicles; and purchase,
lease, charter, maintenance, and operation of mission and administrative
aircraft, $169,200,000, to remain available until September 30, 2010.
cross agency support
For necessary expenses, not otherwise provided for, in the conduct
and support of science, aeronautics, exploration, space operations and
education research and development activities, including research,
development, operations, support, and services; maintenance;
construction of facilities including repair, rehabilitation,
revitalization, and modification of facilities, construction of new
facilities and additions to existing facilities, facility planning and
design, and restoration, and acquisition or condemnation of real
[[Page 589]]
123 STAT. 589
property, as authorized by law; environmental compliance and
restoration; space flight, spacecraft control, and communications
activities; program management; personnel and related costs, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
travel expenses; purchase and hire of passenger motor vehicles; not to
exceed $70,000 for official reception and representation expenses; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $3,306,387,000, to remain available until
September 30, 2010: Provided, That $2,024,000,000, together with not
more than $9,000,000 to be derived from receipts pursuant to 42 U.S.C.
2459j, shall be available for center management and operations: Provided
further, That notwithstanding 42 U.S.C. 2459j, proceeds from enhanced
use leases that may be made available for obligation for fiscal year
2009 shall not exceed $9,000,000: <>
Provided further, That each annual budget request shall include an
annual estimate of gross receipts and collections and proposed use of
all funds collected pursuant to 42 U.S.C. 2459j: Provided further, That
not less than $45,000,000 shall be available for independent
verification and validation activities, of which $5,000,000 shall be
available to develop core verification and validation competencies with
small businesses, and $40,000,000 shall be available for operations of
the independent verification and validation facility: Provided further,
That within the amounts appropriated $67,500,000 shall be used for the
projects, and in the amounts, specified in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $33,600,000, to remain
available until September 30, 2010.
administrative provisions
Notwithstanding the limitation on the duration of availability of
funds appropriated to the National Aeronautics and Space Administration
for any account in this Act, except for ``Office of Inspector General'',
when any activity has been initiated by the incurrence of obligations
for construction of facilities or environmental compliance and
restoration activities as authorized by law, such amount available for
such activity shall remain available until expended. This provision does
not apply to the amounts appropriated for institutional minor
revitalization and minor construction of facilities, and institutional
facility planning and design.
Notwithstanding the limitation on the availability of funds
appropriated to the National Aeronautics and Space Administration for
any account in this Act, except for ``Office of Inspector General'', the
amounts appropriated for construction of facilities shall remain
available until September 30, 2011.
Funds for announced prizes otherwise authorized shall remain
available, without fiscal year limitation, until the prize is claimed or
the offer is withdrawn.
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the National Aeronautics and Space
Administration in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically
[[Page 590]]
123 STAT. 590
provided, shall be increased by more than 10 percent by any such
transfers. Any transfer pursuant to this provision shall be treated as a
reprogramming of funds under section 505 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section.
Notwithstanding any other provision of law, no funds shall be used
to implement any Reduction in Force or other involuntary separations
(except for cause) by the National Aeronautics and Space Administration
prior to September 30, 2009.
The unexpired balances of the Science, Aeronautics, and Exploration
account, for activities for which funds are provided under this Act, may
be transferred to the new accounts established in this Act that provide
such activity. Balances so transferred shall be merged with the funds in
the newly established accounts, but shall be available under the same
terms, conditions and period of time as previously appropriated.
For the closeout of all Space Shuttle contracts and associated
programs, amounts that have expired but have not been cancelled in the
Human Space Flight, Space Flight Capabilities, and Exploration
Capabilities appropriations accounts shall remain available through
fiscal year 2015 for the liquidation of valid obligations incurred
during the period of fiscal year 2001 through fiscal year 2009.
Funding designations and minimum funding requirements contained in
any other Act shall not be applicable to funds appropriated by this
title for the National Aeronautics and Space Administration.
The Administrator <> of NASA shall, not
later than February 2, 2009, submit to the appropriate committees of
Congress a report that delineates by fiscal year, mission directorate
and object class the full costs necessary for Space Shuttle retirement
and transition activities for fiscal years 2006 through 2015 that
includes, but is not limited to, the following:
(1) the costs for environmental compliance and remediation;
(2) the gross and net proceeds from exchange sales of excess
Space Shuttle equipment;
(3) the costs to maintain required facilities at Kennedy
Space Center during the gap in human space flight;
(4) the costs associated with preservation of historic
properties;
(5) the costs of workforce transition; and
(6) other costs related to Space Shuttle retirement and
transition.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and the Act to
establish a National Medal of Science (42 U.S.C. 1880-1881); services as
authorized by 5 U.S.C. 3109; maintenance and operation of aircraft and
purchase of flight services for research support; acquisition of
aircraft; and authorized travel; $5,183,100,000, to remain available
until September 30, 2010, of which not to exceed $540,000,000 shall
remain available until expended for polar research and operations
support, and for reimbursement to other Federal agencies for operational
and science
[[Page 591]]
123 STAT. 591
support and logistical and other related activities for the United
States Antarctic program: Provided, That from funds specified in the
fiscal year 2009 budget request for icebreaking services, up to
$54,000,000 shall be available for the procurement of polar icebreaking
services: Provided further, That the National Science Foundation shall
only reimburse the Coast Guard for such sums as are agreed to according
to the existing memorandum of agreement: Provided further, That receipts
for scientific support services and materials furnished by the National
Research Centers and other National Science Foundation supported
research facilities may be credited to this appropriation: Provided
further, That not less than $133,000,000 shall be available for
activities authorized by section 7002(b)(2)(A)(iv) of Public Law 110-69.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment, facilities,
and other such capital assets pursuant to the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), including
authorized travel, $152,010,000, to remain available until expended.
education and human resources
For necessary expenses in carrying out science and engineering
education and human resources programs and activities pursuant to the
National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-
1875), including services as authorized by 5 U.S.C. 3109, authorized
travel, and rental of conference rooms in the District of Columbia,
$845,260,000, to remain available until September 30, 2010: Provided
further, That not less than $55,000,000 shall be available until
expended for activities authorized by section 7030 of Public Law 110-69.
agency operations and award management
For agency operations and award management necessary in carrying out
the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-
1875); services authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; not to exceed $9,000 for official reception and representation
expenses; uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902; rental of conference rooms in the District of Columbia; and
reimbursement of the Department of Homeland Security for security guard
services; $294,000,000: Provided, That contracts may be entered into
under this heading in fiscal year 2009 for maintenance and operation of
facilities, and for other services, to be provided during the next
fiscal year.
office of the national science board
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference rooms
in the District of Columbia, and the employment of experts and
consultants under section 3109 of title 5, United States Code) involved
in carrying out section 4 of the National Science Foundation Act of
1950, as amended (42 U.S.C. 1863) and Public Law
[[Page 592]]
123 STAT. 592
86-209 (42 U.S.C. 1880 et seq.), $4,030,000: Provided, That not to
exceed $2,500 shall be available for official reception and
representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, as amended,
$12,000,000.
This title may be cited as the ``Science Appropriations Act,
2009''.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights, including
hire of passenger motor vehicles, $8,800,000: Provided, That none of the
funds appropriated in this paragraph shall be used to employ in excess
of four full-time individuals under Schedule C of the Excepted Service
exclusive of one special assistant for each Commissioner: Provided
further, That none of the funds appropriated in this paragraph shall be
used to reimburse Commissioners for more than 75 billable days, with the
exception of the chairperson, who is permitted 125 billable days.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act of 1964,
the Age Discrimination in Employment Act of 1967, the Equal Pay Act of
1963, the Americans with Disabilities Act of 1990, and the Civil Rights
Act of 1991, including services as authorized by 5 U.S.C. 3109; hire of
passenger motor vehicles as authorized by 31 U.S.C. 1343(b); nonmonetary
awards to private citizens; and not to exceed $26,000,000 for payments
to State and local enforcement agencies for authorized services to the
Commission, $343,925,000: Provided, That the Commission is authorized to
make available for official reception and representation expenses not to
exceed $2,500 from available funds: <> Provided
further, That the Commission may take no action to implement any
workforce repositioning, restructuring, or reorganization until such
time as the House and Senate Committees on Appropriations have been
notified of such proposals, in accordance with the reprogramming
requirements of section 505 of this Act: Provided further, That the
Chair is authorized to accept and use any gift or donation to carry out
the work of the Commission.
[[Page 593]]
123 STAT. 593
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles, and services as authorized
by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $75,100,000, to remain available until
expended.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out the
purposes of the Legal Services Corporation Act of 1974, $390,000,000, of
which $365,800,000 is for basic field programs and required independent
audits; $4,200,000 is for the Office of Inspector General, of which such
amounts as may be necessary may be used to conduct additional audits of
recipients; $16,000,000 is for management and administration; $3,000,000
is for client self-help and information technology; and $1,000,000 is
for loan repayment assistance: Provided, That the Legal Services
Corporation may continue to provide locality pay to officers and
employees at a rate no greater than that provided by the Federal
Government to Washington, DC-based employees as authorized by 5 U.S.C.
5304, notwithstanding section 1005(d) of the Legal Services Corporation
Act, 42 U.S.C. 2996(d).
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited by,
or contrary to any of the provisions of, sections 501, 502, 503, 504,
505, and 506 of Public Law 105-119, and all funds appropriated in this
Act to the Legal Services Corporation shall be subject to the same terms
and conditions set forth in such sections, except that all references in
sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead
to 2008 and 2009, respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as authorized
by title II of Public Law 92-522, $3,200,000.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by 5 U.S.C. 3109,
$47,272,000, of which $1,000,000 shall remain available until expended:
Provided, That not to exceed $124,000 shall be available for official
reception and representation <> expenses: Provided
further, That negotiations shall be conducted within the World
[[Page 594]]
123 STAT. 594
Trade Organization to recognize the right of members to distribute
monies collected from antidumping and
countervailing <> duties: Provided further, That
negotiations shall be conducted within the World Trade Organization
consistent with the negotiating objectives contained in the Trade Act of
2002, Public Law 107-210.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as authorized
by the State Justice Institute Authorization Act of 1984 (42 U.S.C.
10701 et. seq.) $4,100,000, of which $250,000 shall remain available
until September 30, 2010: Provided, That not to exceed $2,500 shall be
available for official reception and representation expenses.
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. <> 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. 504. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid, the
remainder of the Act and the application of each provision to persons or
circumstances other than those as to which it is held invalid shall not
be affected thereby.
Sec. 505. <> (a) None of the funds
provided under this Act, or provided under previous appropriations Acts
to the agencies funded by this Act that remain available for obligation
or expenditure in fiscal year 2009, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure through the reprogramming of funds that:
(1) creates or initiates a new program, project or activity;
(2) eliminates a program, project or activity, unless the House and
Senate Committees on Appropriations are notified 15 days in advance of
such reprogramming of funds;
(3) increases funds or personnel by any means for any project or
activity for which funds have been denied or restricted by this Act,
unless the House and Senate Committees on Appropriations are notified 15
days in advance of such reprogramming of funds;
(4) relocates an office or employees, unless the House and Senate
Committees on Appropriations are notified 15 days in advance of such
reprogramming of funds;
[[Page 595]]
123 STAT. 595
(5) reorganizes or renames offices, programs or activities, unless
the House and Senate Committees on Appropriations are notified 15 days
in advance of such reprogramming of funds;
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees, unless the House and Senate
Committees on Appropriations are notified 15 days in advance of such
reprogramming of funds;
(7) proposes to use funds directed for a specific activity by either
the House or Senate Committee on Appropriations for a different purpose,
unless the House and Senate Committees on Appropriations are notified 15
days in advance of such reprogramming of funds;
(8) augments funds for existing programs, projects or activities in
excess of $500,000 or 10 percent, whichever is less, or reduces by 10
percent funding for any program, project or activity, or numbers of
personnel by 10 percent as approved by Congress, unless the House and
Senate Committees on Appropriations are notified 15 days in advance of
such reprogramming of funds; or
(9) results from any general savings, including savings from a
reduction in personnel, which would result in a change in existing
programs, projects or activities as approved by Congress, unless the
House and Senate Committees on Appropriations are notified 15 days in
advance of such reprogramming of funds.
(b) None of the funds in provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2009, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through the
reprogramming of funds after August 1, except in extraordinary
circumstances, and only after the House and Senate Committees on
Appropriations are notified 30 days in advance of such reprogramming of
funds.
Sec. 506. <>
Hereafter, none of the funds made available in this or any other Act may
be used to implement, administer, or enforce any guidelines of the Equal
Employment Opportunity Commission covering harassment based on religion,
when it is made known to the Federal entity or official to which such
funds are made available that such guidelines do not differ in any
respect from the proposed guidelines published by the Commission on
October 1, 1993 (58 Fed. Reg. 51266).
Sec. 507. If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bearing a ``Made in
America'' inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not made in the
United States, the person shall be ineligible to receive any contract or
subcontract made with funds made available in this Act, pursuant to the
debarment, suspension, and ineligibility procedures described in
sections 9.400 through 9.409 of title 48, Code of Federal Regulations.
Sec. 508. <> The Departments of Commerce
and Justice, the National Science Foundation, and the National
Aeronautics and Space Administration, shall provide to the House and
Senate Committees on Appropriations a quarterly accounting of the
cumulative balances of any unobligated funds that were received by such
agency during any previous fiscal year.
[[Page 596]]
123 STAT. 596
Sec. 509. Any costs incurred by a department or agency funded under
this Act resulting from, or to prevent, personnel actions taken in
response to funding reductions included in this Act shall be absorbed
within the total budgetary resources available to such department or
agency: Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this section is
provided in addition to authorities included elsewhere in this Act:
Provided further, That use of funds to carry out this section shall be
treated as a reprogramming of funds under section 505 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Sec. 510. <> None of the funds
provided by this Act shall be available to promote the sale or export of
tobacco or tobacco products, or to seek the reduction or removal by any
foreign country of restrictions on the marketing of tobacco or tobacco
products, except for restrictions which are not applied equally to all
tobacco or tobacco products of the same type.
Sec. 511. <> None of the funds appropriated
pursuant to this Act or any other provision of law may be used for--
(1) the implementation of any tax or fee in connection with
the implementation of subsection 922(t) of title 18, United
States Code; and
(2) any system to implement subsection 922(t) of title 18,
United States Code, that does not require and result in the
destruction of any identifying information submitted by or on
behalf of any person who has been determined not to be
prohibited from possessing or receiving a firearm no more than
24 hours after the system advises a Federal firearms licensee
that possession or receipt of a firearm by the prospective
transferee would not violate subsection (g) or (n) of section
922 of title 18, United States Code, or State law.
Sec. 512. <> Notwithstanding any other
provision of law, amounts deposited or available in the Fund established
under 42 U.S.C. 10601 in any fiscal year in excess of $635,000,000 shall
not be available for obligation until the following fiscal year.
Sec. 513. <> None of the funds made
available to the Department of Justice in this Act may be used to
discriminate against or denigrate the religious or moral beliefs of
students who participate in programs for which financial assistance is
provided from those funds, or of the parents or legal guardians of such
students.
Sec. 514. 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. 515. Any funds provided in this Act used to implement E-
Government Initiatives shall be subject to the procedures set forth in
section 505 of this Act.
Sec. 516. <> (a) Tracing studies conducted by
the Bureau of Alcohol, Tobacco, Firearms and Explosives are released
without adequate disclaimers regarding the limitations of the data.
(b) The Bureau of Alcohol, Tobacco, Firearms and Explosives shall
include in all such data releases, language similar to the following
that would make clear that trace data cannot be used to draw broad
conclusions about firearms-related crime:
[[Page 597]]
123 STAT. 597
(1) Firearm traces are designed to assist law enforcement
authorities in conducting investigations by tracking the sale
and possession of specific firearms. Law enforcement agencies
may request firearms traces for any reason, and those reasons
are not necessarily reported to the Federal Government. Not all
firearms used in crime are traced and not all firearms traced
are used in crime.
(2) Firearms selected for tracing are not chosen for
purposes of determining which types, makes, or models of
firearms are used for illicit purposes. The firearms selected do
not constitute a random sample and should not be considered
representative of the larger universe of all firearms used by
criminals, or any subset of that universe. Firearms are normally
traced to the first retail seller, and sources reported for
firearms traced do not necessarily represent the sources or
methods by which firearms in general are acquired for use in
crime.
Sec. 517. <> (a) The Inspectors
General of the Department of Commerce, the Department of Justice, the
National Aeronautics and Space Administration, the National Science
Foundation, and the Legal Services Corporation shall conduct audits,
pursuant to the Inspector General Act (5 U.S.C. App.), of grants or
contracts for which funds are appropriated by this Act, and shall submit
reports to Congress on the progress of such audits, which may include
preliminary findings and a description of areas of particular interest,
within 180 days after initiating such an audit and every 180 days
thereafter until any such audit is completed.
(b) Within <> 60
days after the date on which an audit described in subsection (a) by an
Inspector General is completed, the Secretary, Attorney General,
Administrator, Director, or President, as appropriate, shall make the
results of the audit available to the public on the Internet website
maintained by the Department, Administration, Foundation, or
Corporation, respectively. The results shall be made available in
redacted form to exclude--
(1) any matter described in section 552(b) of title 5,
United States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft or
for other inappropriate or unlawful purposes.
(c) A grant or contract funded by amounts appropriated by this Act
may not be used for the purpose of defraying the costs of a banquet or
conference that is not directly and programmatically related to the
purpose for which the grant or contract was awarded, such as a banquet
or conference held in connection with planning, training, assessment,
review, or other routine purposes related to a project funded by the
grant or contract.
(d) Any <> person awarded a grant or contract
funded by amounts appropriated by this Act shall submit a statement to
the Secretary of Commerce, the Attorney General, the Administrator,
Director, or President, as appropriate, certifying that no funds derived
from the grant or contract will be made available through a subcontract
or in any other manner to another person who has a financial interest in
the person awarded the grant or contract.
(e) The <> provisions of the preceding
subsections of this section shall take effect 30 days after the date on
which the Director of the Office of Management and Budget, in
consultation with the Director of the Office of Government Ethics,
determines that a uniform set of rules and requirements, substantially
similar to
[[Page 598]]
123 STAT. 598
the requirements in such subsections, consistently apply under the
executive branch ethics program to all Federal departments, agencies,
and entities.
Sec. 518. <> None of the funds appropriated
or otherwise made available under this Act may be used to issue patents
on claims directed to or encompassing a human organism.
Sec. 519. <> None of the funds made available in
this Act shall be used in any way whatsoever to support or justify the
use of torture by any official or contract employee of the United States
Government.
Sec. 520. <> (a)
Notwithstanding any other provision of law or treaty, none of the funds
appropriated or otherwise made available under this Act or any other Act
may be expended or obligated by a department, agency, or instrumentality
of the United States to pay administrative expenses or to compensate an
officer or employee of the United States in connection with requiring an
export license for the export to Canada of components, parts,
accessories or attachments for firearms listed in Category I, section
121.1 of title 22, Code of Federal Regulations (International
Trafficking in Arms Regulations (ITAR), part 121, as it existed on April
1, 2005) with a total value not exceeding $500 wholesale in any
transaction, provided that the conditions of subsection (b) of this
section are met by the exporting party for such articles.
(b) The foregoing exemption from obtaining an export license--
(1) does not exempt an exporter from filing any Shipper's
Export Declaration or notification letter required by law, or
from being otherwise eligible under the laws of the United
States to possess, ship, transport, or export the articles
enumerated in subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components and
parts for such firearms, other than for end use by the
Federal Government, or a Provincial or Municipal
Government of Canada;
(B) barrels, cylinders, receivers (frames) or
complete breech mechanisms for any firearm listed in
Category I, other than for end use by the Federal
Government, or a Provincial or Municipal Government of
Canada; or
(C) articles for export from Canada to another
foreign destination.
(c) In accordance with this section, the District Directors of
Customs and postmasters shall permit the permanent or temporary export
without a license of any unclassified articles specified in subsection
(a) to Canada for end use in Canada or return to the United States, or
temporary import of Canadian-origin items from Canada for end use in the
United States or return to Canada for a Canadian citizen.
(d) The <>
President may require export licenses under this section on a temporary
basis if the President determines, upon publication first in the Federal
Register, that the Government of Canada has implemented or maintained
inadequate import controls for the articles specified in subsection (a),
such that a significant diversion of such articles has and continues to
take place for use in international terrorism or in the escalation of a
conflict in another nation. The President shall terminate the
requirements of a license when reasons for the temporary requirements
have ceased.
[[Page 599]]
123 STAT. 599
Sec. 521. <> Notwithstanding any other provision
of law, no department, agency, or instrumentality of the United States
receiving appropriated funds under this Act or any other Act shall
obligate or expend in any way such funds to pay administrative expenses
or the compensation of any officer or employee of the United States to
deny any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and
qualified pursuant to 27 CFR section 478.112 or .113, for a permit to
import United States origin ``curios or relics'' firearms, parts, or
ammunition.
Sec. 522. None of the funds made available in this Act may be used
to include in any new bilateral or multilateral trade agreement the text
of--
(1) paragraph 2 of article 16.7 of the United States-
Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-
Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-Morocco
Free Trade Agreement.
Sec. 523. <> None of the funds
made available in this Act may be used to authorize or issue a national
security letter in contravention of any of the following laws
authorizing the Federal Bureau of Investigation to issue national
security letters: The Right to Financial Privacy Act; The Electronic
Communications Privacy Act; The Fair Credit Reporting Act; The National
Security Act of 1947; USA PATRIOT Act; and the laws amended by these
Acts.
Sec. 524. If at any time during any quarter, the program manager of
a project within the jurisdiction of the Departments of Commerce or
Justice, the National Aeronautics and Space Administration, or the
National Science Foundation totaling more than $75,000,000 has
reasonable cause to believe that the total program cost has increased by
10 percent, the program manager shall immediately inform the Secretary,
Administrator, or Director. The
Secretary, <> Administrator, or Director
shall notify the House and Senate Committees on Appropriations within 30
days in writing of such increase, and shall include in such notice: the
date on which such determination was made; a statement of the reasons
for such increases; the action taken and proposed to be taken to control
future cost growth of the project; changes made in the performance or
schedule milestones and the degree to which such changes have
contributed to the increase in total program costs or procurement costs;
new estimates of the total project or procurement costs; and a statement
validating that the project's management structure is adequate to
control total project or procurement costs.
Sec. 525. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence or intelligence related
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2009 until the enactment of the Intelligence
Authorization Act for fiscal year 2009.
Sec. 526. <> The
Departments, agencies, and commissions funded under this Act, shall
establish and maintain on the homepages of their Internet websites--
(1) a direct link to the Internet websites of their Offices
of Inspectors General; and
(2) a mechanism on the Offices of Inspectors General website
by which individuals may anonymously report cases
[[Page 600]]
123 STAT. 600
of waste, fraud, or abuse with respect to those Departments,
agencies, and commissions.
Sec. 527. None <> of the
funds appropriated or otherwise made available by this Act may be used
to enter into a contract in an amount greater than $5,000,000 or to
award a grant in excess of such amount unless the prospective contractor
or grantee certifies in writing to the agency awarding the contract or
grant that, to the best of its knowledge and belief, the contractor or
grantee has filed all Federal tax returns required during the three
years preceding the certification, has not been convicted of a criminal
offense under the Internal Revenue Code of 1986, and has not, more than
90 days prior to certification, been notified of any unpaid Federal tax
assessment for which the liability remains unsatisfied, unless the
assessment is the subject of an installment agreement or offer in
compromise that has been approved by the Internal Revenue Service and is
not in default, or the assessment is the subject of a non-frivolous
administrative or judicial proceeding.
Sec. 528. None of the funds appropriated or otherwise made available
in this Act may be used in a manner that is inconsistent with the
principal negotiating objective of the United States with respect to
trade remedy laws to preserve the ability of the United States--
(1) to enforce vigorously its trade laws, including
antidumping, countervailing duty, and safeguard laws;
(2) to avoid agreements that--
(A) lessen the effectiveness of domestic and
international disciplines on unfair trade, especially
dumping and subsidies; or
(B) lessen the effectiveness of domestic and
international safeguard provisions, in order to ensure
that United States workers, agricultural producers, and
firms can compete fully on fair terms and enjoy the
benefits of reciprocal trade concessions; and
(3) to address and remedy market distortions that lead to
dumping and subsidization, including overcapacity,
cartelization, and market-access barriers.
(Rescissions)
Sec. 529. (a) Of the unobligated balances available to the
Department of Commerce from prior appropriations, the following funds
are hereby rescinded from the following accounts and programs in the
specified amounts:
(1) ``Economic Development Administration, Economic
Development Assistance Programs'', $15,000,000;
(2) ``National Institute of Standards and Technology,
Industrial Technology Services'', $5,000,000;
(3) ``National Telecommunications and Information
Administration, Salaries and Expenses'', $3,000,000;
(4) ``National Telecommunications and Information
Administration, Public Telecommunications, Facilities, Planning
and Construction'', $1,600,000; and
(5) ``Bureau of the Census, Periodic Censuses and
Programs'', $1,000,000.
(b) Of <> the unobligated balances available to
the Department of Justice from prior appropriations, the following funds
are hereby rescinded, not later than September 30, 2009, from the
following accounts in the specified amounts:
[[Page 601]]
123 STAT. 601
(1) ``General Administration, Working Capital Fund'',
$100,000,000;
(2) ``Legal Activities, Assets Forfeiture Fund'',
$285,000,000;
(3) ``Office of Justice Programs'', $100,000,000; and
(4) ``Community Oriented Policing Services'', $100,000,000.
(c) <> Each department affected by the
recissions contained in subsections (a) and (b) shall, within 30 days of
enactment of this Act, submit to the Committee on Appropriations of the
House of Representatives and the Senate a report specifying the amount
of each rescission made pursuant to this section.
(d) The recissions contained in this section shall not apply to
funds provided in this Act.
Sec. 530. None of the funds made available in this Act may be used
to purchase first class or premium airline travel in contravention of
sections 301-10.122 through 301-10.124 of title 41 of the Code of
Federal Regulations.
Sec. 531. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees
from a Federal department or agency at any single conference occurring
outside the United States.
This division may be cited as the ``Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2009''.
DIVISION C--ENERGY <> AND WATER DEVELOPMENT AND RELATED
AGENCIES APPROPRIATIONS ACT, 2009
TITLE I
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the direction
of the Secretary of the Army and the supervision of the Chief of
Engineers for authorized civil functions of the Department of the Army
pertaining to rivers and harbors, flood and storm damage reduction,
shore protection, aquatic ecosystem restoration, and related efforts.
Investigations
For expenses necessary where authorized by law for the collection
and study of basic information pertaining to river and harbor, flood and
storm damage reduction, shore protection, aquatic ecosystem restoration,
and related needs; for surveys and detailed studies, and plans and
specifications of proposed river and harbor, flood and storm damage
reduction, shore protection, and aquatic ecosystem restoration projects
and related efforts prior to construction; for restudy of authorized
projects; and for miscellaneous investigations and, when authorized by
law, surveys and detailed studies, and plans and specifications of
projects prior to construction, $168,100,000, to remain available until
expended: Provided, That, except as provided in section 101 of this Act,
the amounts made available under this paragraph shall be expended as
authorized in law for the projects and activities specified in the text
and table under this heading in the explanatory statement described
[[Page 602]]
123 STAT. 602
in section 4 (in the matter preceding division A of this consolidated
Act).
Construction
For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related projects authorized by law; for conducting
detailed studies, and plans and specifications, of such projects
(including those involving participation by States, local governments,
or private groups) authorized or made eligible for selection by law (but
such detailed studies, and plans and specifications, shall not
constitute a commitment of the Government to construction);
$2,141,677,000, to remain available until expended; of which such sums
as are necessary to cover the Federal share of construction costs for
facilities under the Dredged Material Disposal Facilities program shall
be derived from the Harbor Maintenance Trust Fund as authorized by
Public Law 104-303; and of which such sums as are necessary pursuant to
Public Law 99-662 shall be derived from the Inland Waterways Trust Fund,
to cover one-half of the costs of construction, replacement,
rehabilitation, and expansion of inland waterways projects (including
only Chickamauga Lock, Tennessee; Kentucky Lock and Dam, Tennessee
River, Kentucky; Lock and Dams 2, 3, and 4 Monongahela River,
Pennsylvania; Marmet Lock and Dam, West Virginia; McAlpine Lock and Dam,
Kentucky and Indiana; Olmsted Lock and Dam, Illinois and Kentucky;
Gray's Landing Lock and Dam, Pennsylvania; R.C. Byrd Lock and Dam, Ohio
and West Virginia; and Point Marion Lock and Dam, Pennsylvania) shall be
derived from the Inland Waterways Trust Fund: Provided, That the Chief
of Engineers is directed to use $13,000,000 of the funds appropriated
herein for the Dallas Floodway Extension, Texas, project, including the
Cadillac Heights feature, generally in accordance with the Chief of
Engineers report dated December 7, 1999: Provided further, That the
Chief of Engineers is directed to use $8,000,000 of the funds
appropriated herein for planning, engineering, design or construction of
the Grundy, Buchanan County, and Dickenson County, Virginia, elements of
the Levisa and Tug Forks of the Big Sandy River and Upper Cumberland
River Project: Provided further, That the Chief of Engineers is directed
to use $8,500,000 of the funds appropriated herein to continue planning,
engineering, design or construction of the Lower Mingo County, Upper
Mingo County, Wayne County, McDowell County, West Virginia, elements of
the Levisa and Tug Forks of the Big Sandy River and Upper Cumberland
River Project: Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to use $9,000,000 of the
funds appropriated herein for the Clover Fork, City of Cumberland, Town
of Martin, Pike County (including Levisa Fork and Tug Fork Tributaries),
Bell County, Harlan County in accordance with the Draft Detailed Project
Report dated January 2002, Floyd County, Martin County, Johnson County,
and Knox County, Kentucky, detailed project report, elements of the
Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River:
Provided further, That the Chief of Engineers is directed to use
$17,048,000 of the funds provided herein for planning and design and
construction of a rural health care facility on the Fort Berthold
Reservation of the Three Affiliated Tribes, North Dakota: Provided
further, That, except as provided in section 101 of this
[[Page 603]]
123 STAT. 603
Act, the amounts made available under this paragraph shall be expended
as authorized in law for the projects and activities specified in the
text and table under this heading in the explanatory statement described
in section 4 (in the matter preceding division A of the consolidated
Act).
Mississippi River and Tributaries
For expenses necessary for flood damage reduction projects and
related efforts in the Mississippi River alluvial valley below Cape
Girardeau, Missouri, as authorized by law, $383,823,000, to remain
available until expended, of which such sums as are necessary to cover
the Federal share of eligible operation and maintenance costs for inland
harbors shall be derived from the Harbor Maintenance Trust Fund:
Provided, That the Chief of Engineers is directed to use $5,000,000 of
the funds provided herein for design and real estate activities and pump
supply elements for the Yazoo Basin, Yazoo Backwater Pumping Plant,
Mississippi: Provided further, That the Secretary of the Army, acting
through the Chief of Engineers is directed to use $8,000,000
appropriated herein for construction of water withdrawal features of the
Grand Prairie, Arkansas, project: Provided further, That, except as
provided in section 101 of this Act, the amounts made available under
this paragraph shall be expended as authorized in law for the projects
and activities specified in the text and table under this heading in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
operation and maintenance
For expenses necessary for the operation, maintenance, and care of
existing river and harbor, flood and storm damage reduction, aquatic
ecosystem restoration, and related projects authorized by law; providing
security for infrastructure owned or operated by the Corps, including
administrative buildings and laboratories; maintaining harbor channels
provided by a State, municipality, or other public agency that serve
essential navigation needs of general commerce, where authorized by law;
surveying and charting northern and northwestern lakes and connecting
waters; clearing and straightening channels; and removing obstructions
to navigation, $2,201,900,000, to remain available until expended, of
which such sums as are necessary to cover the Federal share of eligible
operation and maintenance costs for coastal harbors and channels, and
for inland harbors shall be derived from the Harbor Maintenance Trust
Fund; of which such sums as become available from the special account
for the Corps established by the Land and Water Conservation Act of
1965, as amended (16 U.S.C. 460l-6a(i)), shall be derived from that
account for resource protection, research, interpretation, and
maintenance activities related to resource protection in the areas at
which outdoor recreation is available; and of which such sums as become
available from fees collected under section 217 of the Water Resources
Development Act of 1996 (Public Law 104-303), shall be used to cover the
cost of operation and maintenance of the dredged material disposal
facilities for which such fees have been collected: Provided, That of
the amounts provided herein, not to exceed $500,000 is provided to the
Secretary of the Army to reimburse travel expenses as provided for in
section 9003(f) of the Water Resources Development
[[Page 604]]
123 STAT. 604
Act of 2007, Public Law 110-114 (121 Stat. 1289-1290): Provided further,
That 2 percent of the total amount of funds provided for each of the
programs, projects or activities funded under this heading shall not be
allocated to a field operating activity prior to the beginning of the
fourth quarter of the fiscal year and shall be available for use by the
Chief of Engineers to fund such emergency activities as the Chief of
Engineers determines to be necessary and appropriate; and that the Chief
of Engineers shall allocate during the fourth quarter any remaining
funds which have not been used for emergency activities proportionally
in accordance with the amounts provided for the programs, projects or
activities: Provided further, That, except as provided in section 101 of
this Act, the amounts made available under this paragraph shall be
expended as authorized in law for the projects and activities specified
in the text and table under the heading in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
Regulatory Program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $183,000,000, to remain
available until expended: Provided, That the Secretary of the Army,
acting through the Chief of Engineers, may use up to $3,200,000 of the
funds appropriated herein to reimburse the Port of Arlington, Gillam
County, Oregon, for those direct construction costs determined by the
Secretary to have been incurred by the Port as a result of and following
issuance of the Department of the Army Regulatory Program permit for the
construction of a commercial dock and offload facility at the Port in
February 2007, including the removal of the commercial dock and offload
facility.
Formerly Utilized Sites Remedial Action Program
For expenses necessary to clean up contamination from sites in the
United States resulting from work performed as part of the Nation's
early atomic energy program, $140,000,000, to remain available until
expended.
Expenses
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters of the
United States Army Corps of Engineers, and the offices of the Division
Engineers; and for the management and operation of the Humphreys
Engineer Center Support Activity, the Institute for Water Resources, the
United States Army Engineer Research and Development Center, and the
United States Army Corps of Engineers Finance Center, $179,365,000, to
remain available until expended, of which not to exceed $5,000 may be
used for official reception and representation purposes and only during
the current fiscal year: Provided, That no part of any other
appropriation provided in title I of this Act shall be available to fund
the civil works activities of the Office of the Chief of Engineers or
the civil works executive direction and management activities of the
division offices.
[[Page 605]]
123 STAT. 605
office of assistant secretary of the army (civil works)
For the Office of Assistant Secretary of the Army (Civil Works) as
authorized by 10 U.S.C. 3016(b)(3), $4,500,000, to remain available
until expended.
Administrative Provision
The Revolving Fund, Corps of Engineers, shall be available during
the current fiscal year for purchase (not to exceed 100 for replacement
only) and hire of passenger motor vehicles for the civil works program.
GENERAL PROVISIONS, Corps of Engineers--Civil
Sec. 101. (a) None of the funds provided in title I of this Act, or
provided by previous appropriations Acts to the agencies or entities
funded in title I of this Act that remain available for obligation or
expenditure in fiscal year 2009, shall be available for obligation or
expenditure through a reprogramming of funds that:
(1) creates or initiates a new program, project, or
activity;
(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
this Act, unless prior approval is received from the House and
Senate Committees on Appropriations;
(4) proposes to use funds directed for a specific activity
for a different purpose, unless prior approval is received from
the House and Senate Committees on Appropriations;
(5) augments or reduces existing programs, projects or
activities in excess of the amounts contained in subsections 6
through 10, unless prior approval is received from the House and
Senate Committees on Appropriations;
(6) Investigations.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a limit of
$150,000 per project, study or activity is allowed: Provided,
That for a base level less than $100,000, the reprogramming
limit is $25,000; Provided further, That up to $25,000 may be
reprogrammed into any continuing study or activity that did not
receive an appropriation for existing obligations and
concomitant administrative expenses;
(7) Construction.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a limit of
$3,000,000 per project, study or activity is allowed: Provided,
That for a base level less than $2,000,000, the reprogramming
limit is $300,000: Provided further, That up to $3,000,000 may
be reprogrammed for settled contractor claims, changed
conditions, or real estate deficiency judgments: Provided
further, That up to $300,000 may be reprogrammed into any
continuing study or activity that did not receive an
appropriation for existing obligations and concomitant
administrative expenses;
(8) Operation and maintenance.--
Unlimited <> reprogramming
authority is granted in order for the Corps to be able to
respond to emergencies: <> Provided, That
the Chief of Engineers must notify the House and Senate
Committees on Appropriations of these emergency actions as soon
thereafter as practicable: Provided further, That for a base
level over $1,000,000,
[[Page 606]]
123 STAT. 606
reprogramming of 15 percent of the base amount up to a limit of
$5,000,000 per project, study or activity is allowed: Provided
further, That for a base level less than $1,000,000, the
reprogramming limit is $150,000: Provided further, That $150,000
may be reprogrammed into any continuing study or activity that
did not receive an appropriation;
(9) Mississippi river and tributaries.--The same
reprogramming guidelines for the Investigations, Construction,
and Operation and Maintenance portions of the Mississippi River
and Tributaries Account as listed above; and
(10) Formerly utilized sites remedial action program.--
Reprogramming of up to 15 percent of the base of the receiving
project is permitted.
(b) Continuing Authorities Program.--Subsection (a)(1) shall not
apply to any project or activity funded under the continuing authorities
program.
(c) Not <> later than 60 days after the
date of enactment of this Act, the Corps of Engineers shall submit a
report to the House and Senate Committees on Appropriations to establish
the baseline for application of reprogramming and transfer authorities
for the current fiscal year: Provided, 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 appropriations; and
(3) An identification of items of special congressional
interest: Provided further, That <> the amount
appropriated for salaries and expenses of the Corps of Engineers
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. 102. None of the funds in this Act, or previous Acts, making
funds available for Energy and Water Development, shall be used to
implement any pending or future competitive sourcing actions under OMB
Circular A-76 or High Performing Organizations for the U.S. Army Corps
of Engineers.
Sec. 103. None <> of the funds made available in
this title may be used to award or modify any contract that commits an
amount for a project in excess of the amounts appropriated for that
project that remain unobligated.
Sec. 104. <> Within 90 days of the date
of the Chief of Engineers Report on a water resource matter, the
Assistant Secretary of the Army (Civil Works) shall submit the report to
the appropriate authorizing and appropriating committees of the
Congress.
Sec. 105. Water Reallocation, Lake Cumberland, Kentucky. (a) In
General.--Subject to subsection (b), none of the funds made available by
this Act may be used to carry out any water reallocation project or
component under the Wolf Creek Project, Lake Cumberland, Kentucky,
authorized under the Act of June 28, 1938 (52 Stat. 1215, ch. 795) and
the Act of July 24, 1946 (60 Stat. 636, ch. 595).
(b) Existing Reallocations.--Subsection (a) shall not apply to any
water reallocation for Lake Cumberland, Kentucky, that is carried out
subject to an agreement or payment schedule in effect on the date of
enactment of this Act.
[[Page 607]]
123 STAT. 607
Sec. 106. Section 121 of the Energy and Water Development
Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 2256) is amended
by striking subsection (a) and inserting the following:
``(a) Hereafter, the Secretary of the Army may carry out and fund
planning studies, watershed surveys and assessments, or technical
studies at 100 percent Federal expense to accomplish the purposes of the
2003 Biological Opinion described in section 205(b) of the Energy and
Water Development Appropriations Act, 2005 (Public Law 108-447; 118
Stat. 2949) as amended by subsection (b) or any related subsequent
biological opinion, and the collaborative program long-term
plan. <> In carrying out a study, survey, or
assessment under this subsection, the Secretary of the Army shall
consult with Federal, State, tribal and local governmental entities, as
well as entities participating in the Middle Rio Grande Endangered
Species Collaborative Program referred to in section 205 of this Act:
Provided, That the Secretary of the Army may also provide planning and
administrative assistance to the Middle Rio Grande Endangered Species
Collaborative Program, which shall not be subject to cost sharing
requirements with non-Federal interests.''.
Sec. 107. <> None of the funds in this Act, or
previous Acts, making funds available for Energy and Water Development
shall be used to award any continuing contract that commits additional
funding from the Inland Waterway Trust Fund unless or until such time
that a permanent solution to enhance revenues in the fund is enacted.
Sec. 108. <> The Secretary is authorized to conduct a
study of the Missouri River Projects located within the Missouri River
basin at a total cost of $25,000,000 with the express purpose to review
the original project purposes based on the Flood Control Act of 1944, as
amended, and other subsequent relevant legislation and judicial rulings
to determine if changes to the authorized project purposes and existing
Federal water resource infrastructure may be warranted: Provided, That
this study shall be undertaken at full Federal expense.
Sec. 109. Section 134 of Public Law 108-137 (117 Stat. 1842), as
amended by section 128(b) of Public Law 109-103 (119 Stat. 2260), is
further amended by striking ``$30,000,000'' wherever it appears and
inserting ``$48,300,000'' in lieu thereof.
Sec. 110. Section 101(a)(5) of the Water Resources Development Act
of 1996 (110 Stat. 3663) is amended--
(1) by inserting ``(A) In general.--'' before ``The''; and
(2) by adding at the end the following:
``(B) Credit toward non-federal share.--The
Secretary shall credit toward the non-Federal share of
the project the costs expended by non-Federal interests
for the replacement and reconstruction of the Soquel
Avenue Bridge.
``(C) Maximum amount of credit.--The credit under
paragraph (B) may not exceed $2,000,000.
``(D) Limitation of total project cost.--The
Secretary shall not include the costs to be credited
under paragraphs (B) and (C) in total project costs in
determining the amounts of the Federal and non-Federal
contributions.''.
Sec. 111. The Missouri River Levee System (MRLS) Unit L-385 Project,
Riverside, Missouri, authorized by the Flood Control Act of 1941, Public
Law 77-228, and the Flood Control Act of
[[Page 608]]
123 STAT. 608
1944, Public Law 78-534, is modified to direct the Secretary, acting
through the Chief of Engineers, to take such action as is necessary to
correct deficiencies in the L-385 levee system in Riverside, Missouri at
full Federal expense at a cost of no more than $7,000,000.
Sec. 112. Section 115 of the Energy and Water Development and
Related Agencies Appropriations Act, 2008 as contained in division C of
Public Law 110-161, <> is amended by striking
``$20,000,000. The Secretary shall transfer this facility to the
Secretary of the Interior for operation and maintenance upon the
completion of construction.'' and inserting in lieu thereof,
``$20,000,000: Provided, That the Secretary shall transfer ownership of
this facility to the Secretary of Health and Human Services for
operation and maintenance upon the completion of construction.''.
Sec. 113. Section 103(c)(7) of the Water Resources Development Act
of 1992 (106 Stat. 4811-12), as amended by section 117 of the Energy and
Water Development Appropriations Act of 2006 (119 Stat. 2255), is
further amended by striking ``15,000,000'' and inserting ``26,000,000''.
Sec. 114. Section 3118 of Public Law 110-114 (121 Stat. 1137) is
amended by--
(1) in paragraph (b) by inserting after ``New Mexico'' the
following: ``in accordance with the plans recommended in the
feasibility report for the Middle Rio Grande Bosque, New Mexico,
scheduled for completion in December 2008'';
(2) redesignating subsection (d) as subsection (e); and
(3) inserting a new subsection (d):
``(d) Cost Sharing.--Any requirement for non-Federal participation
in a project carried out in the bosque of Bernalillo County, New Mexico,
pursuant to this section shall be limited to the provision of lands,
easements, rights-of-way, relocations, and dredged material disposal
areas necessary for construction, operation and maintenance of the
project.''.
Sec. 115. The non-Federal interest for the project referenced in
section 3154 of the Water Resources Development Act of 2007 (Public Law
110-114; 121 Stat. 1148) may carry out design and construction work on
the project in advance of Federal appropriations or may provide funds
directly to the Secretary for the Secretary to carry out such
work: <> Provided, That the Secretary of the
Army shall reimburse the non-Federal interest for any costs incurred by
the non-Federal interest that are in excess of the non-Federal share of
total project costs subject to the availability of appropriations.
Sec. 116. <> The Colorado Department of Natural
Resources is authorized to perform modifications of the facility
(Chatfield Reservoir, Colorado), and any required mitigation which
results from implementation of the project: Provided, That in carrying
out the reassignment of storage space provided for in this section, the
Secretary shall collaborate with the Colorado Department of Natural
Resources and local interests to determine costs to be repaid for
storage that reflects the limited reliability of the resources and the
capability of non-Federal interests to make use of the reallocated
storage space in Chatfield Reservoir, Colorado.
Sec. 117. Section 117 of the Energy and Water Development and
Related Agencies Appropriations Act, 2005, as contained in division C of
Public Law 108-447, <> is hereby repealed.
[[Page 609]]
123 STAT. 609
Sec. 118. <> The Secretary of Army, acting
through the Chief of Engineers, shall reassign the regulatory boundaries
of the Chicago District to align with the existing civil works
boundaries of the Chicago District.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah Project
Completion Act, $40,360,000, to remain available until expended, of
which $987,000 shall be deposited into the Utah Reclamation Mitigation
and Conservation Account for use by the Utah Reclamation Mitigation and
Conservation Commission. In addition, for necessary expenses incurred in
carrying out related responsibilities of the Secretary of the Interior,
$1,640,000, to remain available until expended. For fiscal year 2009,
the Commission may use an amount not to exceed $1,500,000 for
administrative expenses.
Bureau of Reclamation
The following appropriations shall be expended to execute authorized
functions of the Bureau of Reclamation:
Water and Related Resources
(including transfers of funds)
For management, development, and restoration of water and related
natural resources and for related activities, including the operation,
maintenance, and rehabilitation of reclamation and other facilities,
participation in fulfilling related Federal responsibilities to Native
Americans, and related grants to, and cooperative and other agreements
with, State and local governments, federally recognized Indian tribes,
and others, $920,259,000, to remain available until expended, of which
$46,655,000 shall be available for transfer to the Upper Colorado River
Basin Fund and $24,962,000 shall be available for transfer to the Lower
Colorado River Basin Development Fund; of which such amounts as may be
necessary may be advanced to the Colorado River Dam Fund; of which not
more than $500,000 is for high priority projects which shall be carried
out by the Youth Conservation Corps, as authorized by 16 U.S.C. 1706:
Provided, That such transfers may be increased or decreased within the
overall appropriation under this heading: Provided further, That of the
total appropriated, the amount for program activities that can be
financed by the Reclamation Fund or the Bureau of Reclamation special
fee account established by 16 U.S.C. 460l-6a(i) shall be derived from
that Fund or account: Provided further, That funds contributed under 43
U.S.C. 395 are available until expended for the purposes for which
contributed: Provided further, That funds advanced under 43 U.S.C. 397a
shall be credited to this account and are available until expended for
the same purposes as the sums appropriated under this heading: Provided
further,
[[Page 610]]
123 STAT. 610
That funds available for expenditure for the Departmental Irrigation
Drainage Program may be expended by the Bureau of Reclamation for site
remediation on a nonreimbursable basis: Provided further, That funds
provided for the Friant-Kern and Madera Canals improvements may be
expended on a non-reimbursable basis: Provided further, That $4,000,000
of the funds appropriated under this heading shall be deposited in the
San Gabriel Basin Restoration Fund established by section 110 of title I
of appendix D of Public Law 106-554: Provided further, That, except as
provided in section 201 of this Act, the amounts made available under
this paragraph shall be expended as authorized in law for the projects
and activities specified in the text and table under this heading in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
Central Valley Project Restoration Fund
For carrying out the programs, projects, plans, habitat restoration,
improvement, and acquisition provisions of the Central Valley Project
Improvement Act, $56,079,000, to be derived from such sums as may be
collected in the Central Valley Project Restoration Fund pursuant to
sections 3407(d), 3404(c)(3), 3405(f), and 3406(c)(1) of Public Law 102-
575, to remain available until expended: Provided, That the Bureau of
Reclamation is directed to assess and collect the full amount of the
additional mitigation and restoration payments authorized by section
3407(d) of Public Law 102-575: Provided further, That none of the funds
made available under this heading may be used for the acquisition or
leasing of water for in-stream purposes if the water is already
committed to in-stream purposes by a court adopted decree or order.
California Bay-Delta Restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with plans to
be approved by the Secretary of the Interior, $40,000,000, to remain
available until expended, of which such amounts as may be necessary to
carry out such activities may be transferred to appropriate accounts of
other participating Federal agencies to carry out authorized purposes:
Provided, That funds appropriated herein may be used for the Federal
share of the costs of CALFED Program management: Provided further, That
the use of any funds provided to the California Bay-Delta Authority for
program-wide management and oversight activities shall be subject to the
approval of the Secretary of the Interior: Provided further, That CALFED
implementation shall be carried out in a balanced manner with clear
performance measures demonstrating concurrent progress in achieving the
goals and objectives of the Program.
policy and administration
(including transfer of funds)
For necessary expenses of policy, administration, and related
functions in the Office of the Commissioner, the Denver office, and
offices in the five regions of the Bureau of Reclamation, to remain
available until expended, $59,400,000, to be derived from
[[Page 611]]
123 STAT. 611
the Reclamation Fund and be nonreimbursable as provided in 43 U.S.C.
377: Provided, That no part of any other appropriation in this Act shall
be available for activities or functions budgeted as policy and
administration expenses: <> Provided
further, That, of the funds provided under this heading, $10,000,000
shall be transferred to ``Water and Related Resources'' upon the
expiration of the 90-day period following the date of enactment of this
Act if during such period, the Secretary of the Interior has not
submitted to the Committees on Appropriations of the House of
Representatives and the Senate the Bureau of Reclamation's five-year
budget plan.
ADMINISTRATIVE PROVISION
Appropriations for the Bureau of Reclamation shall be available for
purchase of not to exceed seven passenger motor vehicles, which are for
replacement only.
General Provisions, Department of the Interior
Sec. 201. (a) None of the funds provided in title II of this Act for
Water and Related Resources, or provided by previous appropriations Acts
to the agencies or entities funded in title II of this Act for Water and
Related Resources that remain available for obligation or expenditure in
fiscal year 2009, shall be available for obligation or expenditure
through a reprogramming of funds that--
(1) initiates or creates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by this Act,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the Senate;
(4) restarts or resumes any program, project or activity for
which funds are not provided in this Act, unless prior approval
is received from the Committees on Appropriations of the House
of Representatives and the Senate;
(5) transfers funds in excess of the following limits,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the Senate:
(A) 15 percent for any program, project or activity
for which $2,000,000 or more is available at the
beginning of the fiscal year; or
(B) $300,000 for any program, project or activity
for which less than $2,000,000 is available at the
beginning of the fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program,
project, or activity in the other category, unless prior
approval is received from the Committees on Appropriations of
the House of Representatives and the Senate; or
(7) transfers, where necessary to discharge legal
obligations of the Bureau of Reclamation, more than $5,000,000
to provide adequate funds for settled contractor claims,
increased contractor earnings due to accelerated rates of
operations, and real estate deficiency judgments, unless prior
approval is
[[Page 612]]
123 STAT. 612
received from the Committees on Appropriations of the House of
Representatives and the Senate.
(b) Subsection (a)(5) shall not apply to any transfer of funds
within the Facilities Operation, Maintenance, and Rehabilitation
category.
(c) For <> purposes of this section, the term
``transfer'' means any movement of funds into or out of a program,
project, or activity.
(d) The <> Bureau of Reclamation shall
submit reports on a quarterly basis to the Committees on Appropriations
of the House of Representatives and the Senate detailing all the funds
reprogrammed between programs, projects, activities, or categories of
funding. <> The first quarterly report shall be
submitted not later than 60 days after the date of enactment of this
Act.
Sec. 202. (a) <> None of the
funds appropriated or otherwise made available by this Act may be used
to determine the final point of discharge for the interceptor drain for
the San Luis Unit until development by the Secretary of the Interior and
the State of California of a plan, which shall conform to the water
quality standards of the State of California as approved by the
Administrator of the Environmental Protection Agency, to minimize any
detrimental effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and the
costs of the San Joaquin Valley Drainage Program shall be classified by
the Secretary of the Interior as reimbursable or nonreimbursable and
collected until fully repaid pursuant to the ``Cleanup Program-
Alternative Repayment Plan'' and the ``SJVDP-Alternative Repayment
Plan'' described in the report entitled ``Repayment Report, Kesterson
Reservoir Cleanup Program and San Joaquin Valley Drainage Program,
February 1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United States
relating to, or providing for, drainage service or drainage studies for
the San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal reclamation
law.
Sec. 203. <> None of the funds appropriated or
otherwise made available by this or any other Act may be used to pay the
salaries and expenses of personnel to purchase or lease water in the
Middle Rio Grande or the Carlsbad Projects in New Mexico unless said
purchase or lease is in compliance with the purchase requirements of
section 202 of Public Law 106-60.
Sec. 204. Funds under this title for Drought Emergency Assistance
shall be made available primarily for leasing of water for specified
drought related purposes from willing lessors, in compliance with
existing State laws and administered under State water priority
allocation.
Sec. 205. <> The Secretary of the
Interior, acting through the Commissioner of the Bureau of Reclamation,
is authorized to enter into grants, cooperative agreements, and other
agreements with irrigation or water districts and States to fund up to
50 percent of the cost of planning, designing, and constructing
improvements that will conserve water, increase water use efficiency, or
enhance water management through measurement or automation, at existing
water supply projects within the States identified in the Act of June
17, 1902, as amended, and supplemented: Provided, That when such
improvements are to federally owned facilities, such funds may be
provided in advance on a nonreimbursable basis to an entity operating
affected transferred works or may
[[Page 613]]
123 STAT. 613
be deemed nonreimbursable for nontransferred works: Provided further,
That the calculation of the non-Federal contribution shall provide for
consideration of the value of any in-kind contributions, but shall not
include funds received from other Federal agencies: Provided further,
That the cost of operating and maintaining such improvements shall be
the responsibility of the non-Federal entity: Provided further, That
this section shall not supercede any existing project-specific funding
authority: <> Provided further, That the
Secretary is also authorized to enter into grants or cooperative
agreements with universities or nonprofit research institutions to fund
water use efficiency research.
Sec. 206. (a) Section 209 of the Energy and Water Development
Appropriations Act, 2004 (Public Law 108-137; 117 Stat. 1850) is
repealed.
(b) The <> Secretary of the Interior
(referred to in this section as the ``Secretary'') shall establish and
maintain an Executive Committee of the Middle Rio Grande Endangered
Species Collaborative Program (referred to in this section as the
``Executive Committee'') consistent with the bylaws of the Middle Rio
Grande Endangered Species Collaborative Program adopted on October 2,
2006.
(c) Hereafter, in compliance with applicable Federal and State laws,
the Secretary (acting through the Commissioner of Reclamation), in
collaboration with the Executive Committee, may enter into any grants,
contracts, cooperative agreements, interagency agreements, or other
agreements that the Secretary determines to be necessary to comply with
the 2003 Biological Opinion described in section 205(b) of the Energy
and Water Development Appropriations Act, 2005 (Public Law 108-447; 118
Stat. 2949) as amended by section 121(b) of the Energy and Water
Development Appropriations Act, 2006 (Public Law 109-103; 119 Stat.
2256) or any related subsequent biological opinion or in furtherance of
the objectives set forth in the collaborative program long-term plan.
(d)(1) The acquisition of water under subsection (c) and any
administrative costs associated with carrying out subsection (c) shall
be at full Federal expense.
(2) Not more than 15 percent of amounts appropriated to carry out
subsection (c) shall be made available for the payment of administrative
expenses associated with carrying out that subsection.
(e)(1) The non-Federal share of activities carried out under
subsection (c) (other than an activity or a cost described in subsection
(d)(1)) shall be 25 percent. The non-Federal cost share shall be
determined on a programmatic, rather than a project-by-project basis.
(2) The non-Federal share required under paragraph (1) may be in the
form of in-kind contributions, the value of which shall be determined by
the Secretary in consultation with the executive committee.
(f) Nothing in this section modifies or expands the discretion of
the Secretary with respect to operating reservoir facilities under the
jurisdiction of the Secretary in the Rio Grande Valley, New Mexico.
Sec. 207. Section 208 of the Energy and Water Development and
Related Agencies Appropriations Act, 2008 (Public Law 110-161; 121 Stat.
1953) is amended--
(1) in subsection (a)--
[[Page 614]]
123 STAT. 614
(A) in paragraph (2)(B), by inserting ``, as
determined by the nonprofit conservation organization''
after ``Lake''; and
(B) in paragraph (4), by striking ``retirement of
water rights'' and all that follows through the
semicolon at the end and inserting ``retirement of water
rights;''; and
(2) in subsection (b), by striking ``June 30, 2010'' and
inserting ``June 30, 2012''.
Sec. 208. <> Notwithstanding any other provision of
law, of amounts made available under section 2507 of the Farm Security
and Rural Investment Act of 2002 (43 U.S.C. 2211 note; Public Law 107-
171), the Secretary of the Interior acting through the Commissioner of
Reclamation, shall allocate--
(1) $300,000 to the Desert Research Institute for LIDAR
acquisition data in the Walker River Basin, to supplement water
rights research and data funded under section 208(a)(1) of the
Energy and Water Development Appropriations Act, 2006 (Public
Law 109-103; 119 Stat. 2268); and
(2) $300,000 to the Director of the United States Fish and
Wildlife Service to conduct a multiyear assessment of and
monitoring of the ability of west central Nevada lakes to
support migratory loons, and identification of wintering areas
and annual range of loons using Walker Lake during migration.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy efficiency and renewable energy activities
in carrying out the purposes of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility
acquisition, construction, or expansion, and the purchase of not to
exceed two passenger vehicles for replacement, $1,928,540,000, to remain
available until expended: Provided, That, of the amount appropriated in
this paragraph, $228,803,380 shall be used for projects specified in the
table that appears under the heading ``Congressionally Directed Energy
Efficiency and Renewable Energy Projects'' in the text and table under
this heading in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
Electricity Delivery and Energy Reliability
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for electricity delivery and energy reliability
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $137,000,000, to
remain available until expended: Provided, That,
[[Page 615]]
123 STAT. 615
of the amount appropriated in this paragraph, $19,648,475 shall be used
for projects specified in the table that appears under the heading
``Congressionally Directed Electricity Delivery and Energy Reliability
Projects'' in the text and table under this heading in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).
Nuclear Energy
(including transfer of funds)
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for nuclear energy activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real property or
any facility or for plant or facility acquisition, construction, or
expansion, and the purchase of not to exceed 29 passenger motor
vehicles, including three new buses and 26 replacement vehicles,
including one ambulance, $792,000,000, to remain available until
expended: Provided, That, of the amount appropriated in this paragraph,
$2,854,500 shall be used for projects specified in the table that
appears under the heading ``Congressionally Directed Nuclear Energy
Projects'' in the text and table under this heading in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).
Clean Coal Technology
(including transfer of funds)
Of the funds made available under this heading for obligation in
prior years, $149,000,000 of uncommitted balances are transferred to
Fossil Energy Research and Development to be used until expended:
Provided, That funds made available in previous appropriations Acts
shall be made available for any ongoing project regardless of the
separate request for proposal under which the project was selected.
Fossil Energy Research and Development
(including transfer of funds)
For necessary expenses in carrying out fossil energy research and
development activities, under the authority of the Department of Energy
Organization Act (Public Law 95-91), including the acquisition of
interest, including defeasible and equitable interests in any real
property or any facility or for plant or facility acquisition or
expansion, and for conducting inquiries, technological investigations
and research concerning the extraction, processing, use, and disposal of
mineral substances without objectionable social and environmental costs
(30 U.S.C. 3, 1602, and 1603), $876,320,000, to remain available until
expended, of which $149,000,000 shall be derived by transfer from
``Clean Coal Technology'': Provided, That of the amounts provided,
$288,174,000 is available for the Clean Coal Power Initiative Round III
solicitation, pursuant to title IV of the Public Law 109-58: Provided
further, That funds appropriated for prior solicitations under the Clean
Coal Technology Program, Power Plant Improvement Initiative, Clean Coal
Power
[[Page 616]]
123 STAT. 616
Initiative, and FutureGen, but not required by the Department to meet
its obligations on projects selected under such solicitations, may be
utilized for the Clean Coal Power Initiative Round III solicitation
under this Act in accordance with the requirements of this Act rather
than the Acts under which the funds were appropriated: Provided further,
That no Clean Coal Power Initiative project may be selected for which
full funding is not available to provide for the total
project: <> Provided further, That if a
Clean Coal Power Initiative project selected after enactment of this
legislation for negotiation under this or any other Act in any fiscal
year, is not awarded within 2 years from the date the application was
selected, negotiations shall cease and the Federal funds committed to
the application shall be retained by the Department for future coal-
related research, development and demonstration projects, except that
the time limit may be extended at the Secretary's discretion for matters
outside the control of the applicant, or if the Secretary determines
that extension of the time limit is in the public interest: Provided
further, That the Secretary may not delegate this responsibility for
applications greater than $10,000,000: Provided further, That financial
assistance for costs in excess of those estimated as of the date of
award of original Clean Coal Power Initiative financial assistance may
not be provided in excess of the proportion of costs borne by the
Government in the original agreement and shall be limited to 25 percent
of the original financial assistance: Provided further, That funds shall
be expended in accordance with the provisions governing the use of funds
contained under the heading ``Clean Coal Technology'' in 42 U.S.C. 5903d
as well as those contained under the heading ``Clean Coal Technology''
in prior appropriations: Provided further, That any technology selected
under these programs shall be considered a Clean Coal Technology, and
any project selected under these programs shall be considered a Clean
Coal Technology Project, for the purposes of 42 U.S.C. 7651n, and
chapters 51, 52, and 60 of title 40 of the Code of Federal Regulations:
Provided further, That funds available for the Clean Coal Power
Initiative Round III Funding Opportunity Announcement may be used to
support any technology that meets the requirements of the Round III
Announcement relating to carbon capture and storage or other beneficial
uses of CO2, without regard to the 70 and 30 percent funding
allocations specified in section 402(b)(1)(A) and 402(b)(2)(A) of Public
Law 109-58: Provided further, That no part of the sum herein made
available shall be used for the field testing of nuclear explosives in
the recovery of oil and gas: Provided further, That, of the amount
appropriated in this paragraph, $43,864,150 shall be used for projects
specified in the table that appears under the heading ``Congressionally
Directed Fossil Energy Projects'' in the text and table under this
heading in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
Naval Petroleum and Oil Shale Reserves
For expenses necessary to carry out naval petroleum and oil shale
reserve activities, including the hire of passenger motor vehicles,
$19,099,000, to remain available until expended: Provided, That,
notwithstanding any other provision of law, unobligated funds
[[Page 617]]
123 STAT. 617
remaining from prior years shall be available for all naval petroleum
and oil shale reserve activities.
Strategic Petroleum Reserve
For necessary expenses for Strategic Petroleum Reserve facility
development and operations and program management activities pursuant to
the Energy Policy and Conservation Act of 1975, as amended (42 U.S.C.
6201 et seq.), $205,000,000, to remain available until expended, of
which $31,507,000 shall be provided to initiate new site expansion
activities, beyond land acquisition, consistent with the budget
request: <> Provided, That none of the funds
provided for new site expansion activities may be obligated or expended
for authorized activities until the Secretary has submitted a report to
the Congress on the effects of expansion of the Reserve on the domestic
petroleum market, which is required to be submitted within 45 days of
enactment of this Act.
Northeast Home Heating Oil Reserve
For necessary expenses for Northeast Home Heating Oil Reserve
storage, operation, and management activities pursuant to the Energy
Policy and Conservation Act, $9,800,000, to remain available until
expended.
Energy Information Administration
For necessary expenses in carrying out the activities of the Energy
Information Administration, $110,595,000, to remain available until
expended.
Non-Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for non-defense environmental cleanup activities in
carrying out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of
any real property or any facility or for plant or facility acquisition,
construction, or expansion, $261,819,000, to remain available until
expended: <> Provided, That the appropriation
includes funds for environmental remediation activities associated with
the Energy Technology and Engineering Center (ETEC) at the Santa Susana
Field Laboratory (SSFL), subject to the following: (1) the Department
shall use a portion of this funding to enter into an interagency
agreement with the Environmental Protection Agency (EPA) regarding a
comprehensive radioactive site characterization of Area IV of the SSFL
and (2) the Department shall provide the amount required by EPA for the
radioactive site characterization in fiscal year 2009 from within the
available funds: Provided further, That of the amounts provided,
$5,000,000 is available for necessary expenses for the purpose of
carrying out remedial actions under this title at real property in the
vicinity of the Tuba City processing site designated in section
102(a)(1), of the Uranium Mill Tailings Radiation Control Act of 1978
(Public Law 95-604, as amended; 42 U.S.C. 7901, et seq.),
notwithstanding section 112 of that Act, at a dump site immediately
adjacent to the north-northwest section of the Tuba City processing
site, and
[[Page 618]]
123 STAT. 618
on the north side of Highway 160: Provided further, That, of the amount
appropriated in this paragraph, $4,757,500 shall be used for projects
specified in the table that appears under the heading ``Congressionally
Directed Non-Defense Environmental Cleanup Projects'' in the text and
table under this heading in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act).
Uranium Enrichment Decontamination and Decommissioning Fund
For necessary expenses in carrying out uranium enrichment facility
decontamination and decommissioning, remedial actions, and other
activities of title II of the Atomic Energy Act of 1954, and title X,
subtitle A, of the Energy Policy Act of 1992, $535,503,000, to be
derived from the Uranium Enrichment Decontamination and Decommissioning
Fund, to remain available until expended, of which $10,000,000 shall be
available in accordance with title X, subtitle A, of the Energy Policy
Act of 1992.
Science
For Department of Energy expenses including the purchase,
construction and acquisition of plant and capital equipment, and other
expenses necessary for science activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not to exceed 49 passenger motor vehicles for
replacement only, including one law enforcement vehicle, one ambulance,
and three buses, $4,772,636,000, to remain available until expended:
Provided, That, of the amount appropriated in this paragraph,
$93,686,593 shall be used for projects specified in the table that
appears under the heading ``Congressionally Directed Science Projects''
in the text and table under this heading in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
Nuclear Waste <> Disposal
For nuclear waste disposal activities to carry out the purposes of
the Nuclear Waste Policy Act of 1982, Public Law 97-425, as amended (the
``NWPA''), including the acquisition of real property or facility
construction or expansion, $145,390,000, to remain available until
expended, and to be derived from the Nuclear Waste Fund: Provided, That
of the funds made available in this Act for Nuclear Waste Disposal,
$5,000,000 shall be provided to the Office of the Attorney General of
the State of Nevada solely for expenditures, other than salaries and
expenses of State employees, to conduct scientific oversight
responsibilities and participate in licensing activities pursuant to the
Act: Provided further, That notwithstanding the lack of a written
agreement with the State of Nevada under section 117(c) of the NWPA,
$1,000,000 shall be provided to Nye County, Nevada, for on-site
oversight activities under section 117(d) of that Act: Provided further,
That $9,000,000 shall be provided to affected units of local government,
as defined in the NWPA, to conduct appropriate activities and
participate in licensing activities: <> Provided
further, That of the $9,000,000
[[Page 619]]
123 STAT. 619
provided 7.5 percent of the funds provided shall be made available to
affected units of local government in California with the balance made
available to affected units of local government in Nevada for
distribution as determined by the Nevada units of local government:
Provided further, That this funding shall be provided to affected units
of local government, as defined in the NWPA: <> Provided further, That $500,000 shall be provided to the
Timbisha-Shoshone Tribe solely for expenditures, other than salaries and
expenses of tribal employees, to conduct appropriate activities and
participate in licensing activities under section 118(b) of the NWPA:
Provided further, That notwithstanding the provisions of chapters 65 and
75 of title 31, United States Code, the Department shall have no
monitoring, auditing or other oversight rights or responsibilities over
amounts provided to affected units of local government: Provided
further, That the funds for the State of Nevada shall be made available
solely to the Office of the Attorney General by direct payment and to
units of local government by direct payment: Provided further,
That <> within 90 days of the
completion of each Federal fiscal year, the Office of the Attorney
General of the State of Nevada and each of the affected units of local
government shall provide certification to the Department of Energy that
all funds expended from such payments have been expended for activities
authorized by the NWPA and this Act: Provided further, That failure to
provide such certification shall cause such entity to be prohibited from
any further funding provided for similar activities: Provided further,
That <> none of the funds herein appropriated may be:
(1) used directly or indirectly to influence legislative action, except
for normal and recognized executive-legislative communications, on any
matter pending before Congress or a State legislature or for lobbying
activity as provided in 18 U.S.C. 1913; (2) used for litigation
expenses; or (3) used to support multi-State efforts or other coalition
building activities inconsistent with the restrictions contained in this
Act: Provided further, That all proceeds and recoveries realized by the
Secretary in carrying out activities authorized by the NWPA, including
but not limited to, any proceeds from the sale of assets, shall be
available without further appropriation and shall remain available until
expended: Provided further, That no funds provided in this Act or any
previous Act may be used to pursue repayment or collection of funds
provided in any fiscal year to affected units of local government for
oversight activities that had been previously approved by the Department
of Energy, or to withhold payment of any such funds: Provided further,
That, of the amount appropriated in this paragraph, $1,855,425 shall be
used for projects specified in the table that appears under the heading
``Congressionally Directed Nuclear Waste Disposal Projects'' in the text
and table under this heading in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act).
Title 17 Innovative Technology Loan Guarantee Program
Subject to section 502 of the Congressional Budget Act of 1974,
commitments to guarantee loans under title XVII of the Energy Policy Act
of 2005, shall not exceed a total principal amount of $47,000,000,000
for eligible projects, to remain available until committed, and of which
$18,500,000,000 shall be for nuclear power facilities: Provided, That
these amounts are in addition to the
[[Page 620]]
123 STAT. 620
authority provided under section 20320 of Division B of Public Law 109-
289, as amended by Public Law 110-5: Provided further, That such sums as
are derived from amounts received from borrowers pursuant to section
1702(b)(2) of the Energy Policy Act of 2005 under this heading in this
and prior Acts, shall be collected in accordance with section 502(7) of
the Congressional Budget Act of 1974: Provided further, That the source
of such payment received from borrowers is not a loan or other debt
obligation that is guaranteed by the Federal Government: Provided
further, That pursuant to section 1702(b)(2) of the Energy Policy Act of
2005, no appropriations are available to pay the subsidy cost of such
guarantees: Provided further, That for necessary administrative expenses
to carry out this Loan Guarantee program, $19,880,000 is appropriated,
to remain available until expended: Provided further, That $19,880,000
of the fees collected pursuant to section 1702(h) of the Energy Policy
Act of 2005 shall be credited as offsetting collections to this account
to cover administrative expenses and shall remain available until
expended, so as to result in a final fiscal year 2009 appropriations
from the general fund estimated at not more than $0: <> Provided further, That none of the funds
made available in this Act shall be available for the execution of a new
solicitation with respect to such guaranteed loans until 30 days after
the Department of Energy has submitted to the Committees on
Appropriations of the House of Representatives and the Senate a loan
guarantee implementation plan that defines the proposed award levels and
eligible technologies: Provided further, That none of the loan guarantee
authority made available in this Act shall be available for commitments
to guarantee loans for any projects where funds, personnel, or property
(tangible or intangible) of any Federal agency, instrumentality,
personnel or affiliated entity are expected to be used (directly or
indirectly) through acquisitions, contracts, demonstrations, exchanges,
grants, incentives, leases, procurements, sales, other transaction
authority, or other arrangements, to support the project or to obtain
goods or services from the project: Provided further, That the previous
proviso shall not be interpreted as precluding the use of the loan
guarantee authority in this Act for commitments to guarantee loans for
projects as a result of such projects benefiting from (a) otherwise
allowable Federal income tax benefits; (b) being located on Federal land
pursuant to a lease or right-of-way agreement for which all
consideration for all uses is (i) paid exclusively in cash, (ii)
deposited in the Treasury as offsetting receipts, and (iii) equal to the
fair market value as determined by the head of the relevant Federal
agency; (c) Federal insurance programs, including Price-Anderson; or (d)
for electric generation projects, use of transmission facilities owned
or operated by a Federal Power Marketing Administration or the Tennessee
Valley Authority that have been authorized, approved, and financed
independent of the project receiving the guarantee: Provided further,
That <> none of the loan guarantee authority made
available in this Act shall be available for any project unless the
Director of the Office of Management and Budget has certified in advance
in writing that the loan guarantee and the project comply with the
provisions under this title.
[[Page 621]]
123 STAT. 621
Departmental Administration
(including transfer of funds)
For salaries and expenses of the Department of Energy necessary for
departmental administration in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the hire of passenger motor vehicles and official reception
and representation expenses not to exceed $30,000, $272,643,000, to
remain available until expended, plus such additional amounts as
necessary to cover increases in the estimated amount of cost of work for
others notwithstanding the provisions of the Anti-Deficiency Act (31
U.S.C. 1511 et seq.): Provided, That such increases in cost of work are
offset by revenue increases of the same or greater amount, to remain
available until expended: Provided further, That moneys received by the
Department for miscellaneous revenues estimated to total $117,317,000 in
fiscal year 2009 may be retained and used for operating expenses within
this account, and may remain available until expended, as authorized by
section 201 of Public Law 95-238, notwithstanding the provisions of 31
U.S.C. 3302: Provided further, That the sum herein appropriated shall be
reduced by the amount of miscellaneous revenues received during 2009,
and any related appropriated receipt account balances remaining from
prior years' miscellaneous revenues, so as to result in a final fiscal
year 2009 appropriation from the general fund estimated at not more than
$155,326,000.
Office of the Inspector General
For necessary expenses of the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $51,927,000, to remain available until expended.
ATOMIC ENERGY DEFENSE ACTIVITIES
National Nuclear Security Administration
Weapons Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense weapons
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, the purchase of not to
exceed two passenger motor vehicles, and one ambulance; $6,380,000,000,
to remain available until expended: Provided, That $19,300,000 is
authorized to be appropriated for the 09-D-007 LANSCE Refurbishment,
PED, Los Alamos National Laboratory, Los Alamos, New Mexico: Provided
further, That, of the amount appropriated in this paragraph, $22,836,000
shall be used for projects specified in the table that appears under the
heading ``Congressionally Directed Weapons Activities Projects'' in the
text and table under this heading in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act).
[[Page 622]]
123 STAT. 622
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for defense nuclear nonproliferation
activities, in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, and the purchase of
not to exceed one passenger motor vehicle for replacement only,
$1,482,350,000, to remain available until expended: Provided, That, of
the amount appropriated in this paragraph, $1,903,000 shall be used for
projects specified under the heading ``Congressionally Directed Defense
Nuclear Nonproliferation Projects'' in the text and table under this
heading in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
Naval Reactors
For Department of Energy expenses necessary for naval reactors
activities to carry out the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, $828,054,000, to
remain available until expended.
Office of the Administrator
For necessary expenses of the Office of the Administrator in the
National Nuclear Security Administration, including official reception
and representation expenses not to exceed $12,000, $439,190,000, to
remain available until expended: Provided, That, of the amount
appropriated in this paragraph, $23,311,750 shall be used for the
projects specified in the table that appears under the heading
``Congressionally Directed Office of the Administrator (NNSA) Projects''
in the text and table under this heading in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
(including transfer of funds)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, and the purchase of
not to exceed four ambulances and three passenger motor vehicles for
replacement only, $5,657,250,000, to remain available until expended, of
which $463,000,000 shall be transferred to the ``Uranium Enrichment
Decontamination and Decommissioning Fund'': Provided, That, of the
amount appropriated in this
[[Page 623]]
123 STAT. 623
paragraph, $17,908,391 shall be used for projects specified in the table
that appears under the heading ``Congressionally Directed Defense
Environmental Cleanup Projects'' in the text and table under this
heading in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses, necessary for atomic energy defense, other defense activities,
and classified activities, in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, and the purchase of not to exceed 10 passenger motor vehicles
for replacement only, $1,314,063,000, to remain available until
expended: Provided, That of the funds provided herein, $487,008,000 is
for project 99-D-143 Mixed Oxide Fuel Fabrication Facility, Savannah
River Site, South Carolina: Provided further, That the Department of
Energy adhere strictly to Department of Energy Order 413.3A for Project
99-D-143: Provided further, That, of the amount appropriated in this
paragraph, $999,075 shall be used for projects specified in the table
that appears under the heading ``Congressionally Directed Other Defense
Activities Projects'' in the text and table under this heading in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
Defense Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the purposes of
Public Law 97-425, as amended, including the acquisition of real
property or facility construction or expansion, $143,000,000, to remain
available until expended.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for official
reception and representation expenses in an amount not to exceed $1,500.
During fiscal year 2009, no new direct loan obligations may be made.
Operation and Maintenance, Southeastern Power Administration
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy,
including transmission wheeling and ancillary services pursuant to
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied
to the southeastern power area, $7,420,000, to remain available until
expended: Provided, That, notwithstanding 31 U.S.C. 3302, up to
$49,520,000 collected by the Southeastern Power Administration pursuant
to the Flood Control Act of 1944 to recover
[[Page 624]]
123 STAT. 624
purchase power and wheeling expenses shall be credited to this account
as offsetting collections, to remain available until expended for the
sole purpose of making purchase power and wheeling expenditures.
Operation and Maintenance, Southwestern Power Administration
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy, for
construction and acquisition of transmission lines, substations and
appurtenant facilities, and for administrative expenses, including
official reception and representation expenses in an amount not to
exceed $1,500 in carrying out section 5 of the Flood Control Act of 1944
(16 U.S.C. 825s), as applied to the Southwestern Power Administration,
$28,414,000, to remain available until expended: Provided, That,
notwithstanding 31 U.S.C. 3302, up to $35,000,000 collected by the
Southwestern Power Administration pursuant to the Flood Control Act of
1944 to recover purchase power and wheeling expenses shall be credited
to this account as offsetting collections, to remain available until
expended for the sole purpose of making purchase power and wheeling
expenditures.
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
related activities including conservation and renewable resources
programs as authorized, including official reception and representation
expenses in an amount not to exceed $1,500; $218,346,000, to remain
available until expended, of which $208,642,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That of the
amount herein appropriated, $7,342,000 is for deposit into the Utah
Reclamation Mitigation and Conservation Account pursuant to title IV of
the Reclamation Projects Authorization and Adjustment Act of 1992:
Provided further, That notwithstanding the provision of 31 U.S.C. 3302,
up to $403,118,000 collected by the Western Area Power Administration
pursuant to the Flood Control Act of 1944 and the Reclamation Project
Act of 1939 to recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain available
until expended for the sole purpose of making purchase power and
wheeling expenditures.
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $2,959,000, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
Administration, as provided in section 423 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
[[Page 625]]
123 STAT. 625
Federal Energy Regulatory Commission
Salaries and Expenses
For necessary expenses of the Federal Energy Regulatory Commission
to carry out the provisions of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including services as authorized by 5 U.S.C.
3109, the hire of passenger motor vehicles, and official reception and
representation expenses not to exceed $3,000, $273,400,000, to remain
available until expended: Provided, That notwithstanding <> any other provision of law, not to exceed $273,400,000 of
revenues from fees and annual charges, and other services and
collections in fiscal year 2009 shall be retained and used for necessary
expenses in this account, and shall remain available until expended:
Provided further, That the sum herein appropriated from the general fund
shall be reduced as revenues are received during fiscal year 2009 so as
to result in a final fiscal year 2009 appropriation from the general
fund estimated at not more than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
Sec. 301. <> Contract Competition. (a)
None of the funds in this or any other appropriations Act for fiscal
year 2009 or any previous fiscal year may be used to make payments for a
noncompetitive management and operating contract, or a contract for
environmental remediation or waste management in excess of $100,000,000
in annual funding at a current or former management and operating
contract site or facility, or to award a significant extension or
expansion to an existing management and operating contract, or other
contract covered by this section, unless such contract is awarded using
competitive procedures or the Secretary of Energy grants, on a case-by-
case basis, a waiver to allow for such a deviation. The Secretary may
not delegate the authority to grant such a waiver.
(b) Within <> 30 days of
formally notifying an incumbent contractor that the Secretary intends to
grant such a waiver, the Secretary shall submit to the Subcommittees on
Energy and Water Development of the Committees on Appropriations of the
House of Representatives and the Senate a report notifying the
Subcommittees of the waiver and setting forth, in specificity, the
substantive reasons why the Secretary believes the requirement for
competition should be waived for this particular award.
(c) In this section the term ``competitive procedures'' has the
meaning provided in section 4 of the Office of Federal Procurement
Policy Act (41 U.S.C. 403) and includes procedures described in section
303 of the Federal Property and Administrative Services Act of 1949 (41
U.S.C. 253) other than a procedure that solicits a proposal from only
one source.
Sec. 302. Unfunded Requests for Proposals. None of the funds
appropriated by this Act may be used to prepare or initiate Requests For
Proposals (RFPs) for a program if the program has not been funded by
Congress.
Sec. 303. Department of Energy Defense Nuclear Facilities Workforce
Restructuring. None of the funds appropriated by this Act may be used--
(1) to augment the funds made available for obligation by
this Act for severance payments and other benefits and
[[Page 626]]
123 STAT. 626
community assistance grants under section 4604 of the Atomic
Energy Defense Act (50 U.S.C. 2704) unless the Department of
Energy submits a reprogramming request to the appropriate
congressional committees; or
(2) to provide enhanced severance payments or other benefits
for employees of the Department of Energy under such section; or
(3) develop or implement a workforce restructuring plan that
covers employees of the Department of Energy.
Sec. 304. Unexpended Balances. The unexpended balances of prior
appropriations provided for activities in this Act may be available to
the same appropriation accounts for such activities established pursuant
to this title. Available balances may be merged with funds in the
applicable established accounts and thereafter may be accounted for as
one fund for the same time period as originally enacted.
Sec. 305. <> Bonneville Power Authority
Service Territory. None of the funds in this or any other Act for the
Administrator of the Bonneville Power Administration may be used to
enter into any agreement to perform energy efficiency services outside
the legally defined Bonneville service territory, with the exception of
services provided internationally, including services provided on a
reimbursable basis, unless the Administrator certifies in advance that
such services are not available from private sector businesses.
Sec. 306. <> User Facilities. When the
Department of Energy makes a user facility available to universities or
other potential users, or seeks input from universities or other
potential users regarding significant characteristics or equipment in a
user facility or a proposed user facility, the Department shall ensure
broad public notice of such availability or such need for input to
universities and other potential users. When the Department of Energy
considers the participation of a university or other potential user as a
formal partner in the establishment or operation of a user facility, the
Department shall employ full and open competition in selecting such a
partner. For purposes of this section, the term ``user facility''
includes, but is not limited to: (1) a user facility as described in
section 2203(a)(2) of the Energy Policy Act of 1992 (42 U.S.C.
13503(a)(2)); (2) a National Nuclear Security Administration Defense
Programs Technology Deployment Center/User Facility; and (3) any other
Departmental facility designated by the Department as a user facility.
Sec. 307. Intelligence Activities. Funds appropriated by this or any
other Act, or made available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security Act of
1947 (50 U.S.C. 414) during fiscal year 2009 until the enactment of the
Intelligence Authorization Act for fiscal year 2009.
Sec. 308. <> Laboratory Directed Research and
Development. Of the funds made available by the Department of Energy for
activities at government-owned, contractor-operated laboratories funded
in this Act or subsequent Energy and Water Development Appropriations
Acts, the Secretary may authorize a specific amount, not to exceed 8
percent of such funds, to be used by such laboratories for laboratory
directed research and development: Provided, That the Secretary may also
authorize a specific amount not to exceed 4 percent of such funds, to be
used by the plant manager of
[[Page 627]]
123 STAT. 627
a covered nuclear weapons production plant or the manager of the Nevada
Site Office for plant or site directed research and development:
Provided further, That notwithstanding Department of Energy order
413.2A, dated January 8, 2001, beginning in fiscal year 2006 and
thereafter, all DOE laboratories may be eligible for laboratory directed
research and development funding.
Sec. 309. Reliable Replacement Warhead. None of the funds provided
in this Act shall be available for the Reliable Replacement Warhead
(RRW).
Sec. 310. <> General Plant Projects. Plant or
construction projects for which amounts are made available under this
and subsequent appropriation Acts with a current estimated cost of less
than $10,000,000 are considered for purposes of section 4703 of Public
Law 107-314 as a plant project for which the approved total estimated
cost does not exceed the minor construction threshold and for purposes
of section 4704 of Public Law 107-314 as a construction project with a
current estimated cost of less than a minor construction threshold.
Sec. 311. <> Energy
Production. The Secretary of Energy shall provide funding to the
National Academy of Sciences to conduct an inventory of the energy
development potential on all lands currently managed by the Department
of Energy together with a report, to be submitted not later than July 1,
2009, which includes (1) a detailed analysis of all such resources
including oil, gas, coal, solar, wind, geothermal and other renewable
resources on such lands, (2) a delineation of the resources presently
available for development as well as those potentially available in the
future, and (3) an analysis of the environmental impacts associated with
any future development including actions necessary to mitigate negative
impacts.
Sec. 312. Reno Hydrogen Fuel Project. (a) The non-Federal share of
project costs shall be 20 percent.
(b) The cost of project vehicles, related facilities, and other
activities funded from the Federal Transit Administration sections 5307,
5308, 5309, and 5314 program, including the non-Federal share for the
FTA funds, is an eligible component of the non-Federal share for this
project.
(c) Contribution of the non-Federal share of project costs for all
grants made for this project may be deferred until the entire project is
completed.
(d) All operations and maintenance costs associated with vehicles,
equipment, and facilities utilized for this project are eligible project
costs.
(e) This <> section applies to project
appropriations beginning in fiscal year 2004.
Sec. 313. <> Integrated University Program.
(a) The Secretary of Energy, along with the Administrator of the
National Nuclear Security Administration and the Chairman of the Nuclear
Regulatory Commission, shall establish an Integrated University Program.
(b) For the purposes of carrying out this section, $45,000,000 is
authorized to be appropriated in each of fiscal years 2009 to 2019 as
follows:
(1) $15,000,000 for the Department of Energy;
(2) $15,000,000 for the Nuclear Regulatory Commission; and
[[Page 628]]
123 STAT. 628
(3) $15,000,000 for the National Nuclear Security
Administration.
(c) Of the amounts authorized to carry out this section, $10,000,000
shall be used by each organization to support university research and
development in areas relevant to their respective organization's
mission, and $5,000,000 shall be used by each organization to support a
jointly implemented Nuclear Science and Engineering Grant Program that
will support multiyear research projects that do not align with
programmatic missions but are critical to maintaining the discipline of
nuclear science and engineering.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, as amended,
notwithstanding 40 U.S.C. 14704, and, for necessary expenses for the
Federal Co-Chairman and the Alternate on the Appalachian Regional
Commission, for payment of the Federal share of the administrative
expenses of the Commission, including services as authorized by 5 U.S.C.
3109, and hire of passenger motor vehicles, $75,000,000, to remain
available until expended: Provided, That any congressionally directed
spending shall be taken from within that State's allocation in the
fiscal year in which it is provided.
Defense Nuclear Facilities Safety Board
Salaries and Expenses
For necessary expenses of the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $25,000,000, to
remain available until expended.
Delta Regional Authority
Salaries and Expenses
For necessary expenses of the Delta Regional Authority and to carry
out its activities, as authorized by the Delta Regional Authority Act of
2000, as amended, notwithstanding sections 382C(b)(2), 382F(d), 382M,
and 382N of said Act, $13,000,000, to remain available until expended.
Denali Commission
For expenses of the Denali Commission including the purchase,
construction, and acquisition of plant and capital equipment as
necessary and other expenses, $11,800,000, to remain available until
expended, notwithstanding the limitations contained in section 306(g) of
the Denali Commission Act of 1998.
[[Page 629]]
123 STAT. 629
Nuclear Regulatory Commission
Salaries and Expenses
For necessary expenses of the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974, as amended, and the
Atomic Energy Act of 1954, as amended, including official representation
expenses (not to exceed $25,000), $1,034,656,000, to remain available
until expended: Provided, That of the amount appropriated herein,
$49,000,000 shall be derived from the Nuclear Waste Fund: Provided
further, That revenues from licensing fees, inspection services, and
other services and collections estimated at $860,857,000 in fiscal year
2009 shall be retained and used for necessary salaries and expenses in
this account, notwithstanding 31 U.S.C. 3302, and shall remain available
until expended: Provided further, That the sum herein appropriated shall
be reduced by the amount of revenues received during fiscal year 2009 so
as to result in a final fiscal year 2009 appropriation estimated at not
more than $173,799,000: Provided further, That such funds as are made
available for necessary expenses of the Commission by this Act or any
other Act may be used for the acquisition and lease of additional office
space provided by the General Services Administration for personnel of
the U.S. Nuclear Regulatory Commission as close as reasonably possible
to the Commission's headquarters location in Rockville, Maryland, and of
such square footage and for such lease term, as are determined by the
Commission to be necessary to maintain the agency's regulatory
effectiveness, efficiency, and emergency response capability: Provided
further, That notwithstanding any other provision of law or any
prevailing practice, the acquisition and lease of space for such purpose
shall, to the extent necessary to obtain the space, be based on the
prevailing rates in the immediate vicinity of the Commission's
headquarters.
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,
$10,860,000, to remain available until expended: Provided, That revenues
from licensing fees, inspection services, and other services and
collections estimated at $9,774,000 in fiscal year 2009 shall be
retained and be available until expended, for necessary salaries and
expenses in this account, notwithstanding 31 U.S.C. 3302: Provided
further, That the sum herein appropriated shall be reduced by the amount
of revenues received during fiscal year 2009 so as to result in a final
fiscal year 2009 appropriation estimated at not more than $1,086,000.
Nuclear Waste Technical Review Board
Salaries and Expenses
For necessary expenses of the Nuclear Waste Technical Review Board,
as authorized by Public Law 100-203, section 5051, $3,811,000, to be
derived from the Nuclear Waste Fund, and to remain available until
expended.
[[Page 630]]
123 STAT. 630
Office of the Federal Coordinator for Alaska Natural Gas Transportation
Projects
For necessary expenses for the Office of the Federal Coordinator for
Alaska Natural Gas Transportation Projects pursuant to the Alaska
Natural Gas Pipeline Act of 2004, $4,400,000: Provided, That any fees,
charges, or commissions received pursuant to section 802 of Public Law
110-140 in fiscal year 2009 in excess of $4,660,000 shall not be
available for obligation until appropriated in a subsequent Act of
Congress.
TITLE V
GENERAL PROVISIONS
Sec. 501. <> None of the funds appropriated by
this Act may be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation matters pending
before Congress, other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
Sec. 502. 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 appropriation Act.
This division may be cited as the ``Energy and Water Development and
Related Agencies Appropriations Act, 2009''.
DIVISION D--FINANCIAL <> SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2009
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,
$278,870,000, of which not to exceed $21,619,000 is for executive
direction program activities; not to exceed $45,910,000 is for economic
policies and programs activities; not to exceed $36,039,000 is for
financial policies and programs activities; not to exceed $62,098,000 is
for terrorism and financial intelligence activities; not to exceed
$21,600,000 is for Treasury-wide management policies and programs
activities; and not to exceed $91,604,000 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
[[Page 631]]
123 STAT. 631
Appropriations: Provided further, That no appropriation for any program
activity shall be increased or decreased by more than 4 percent by all
such transfers: Provided further, That any change in funding greater
than 4 percent shall be submitted for approval to the House and Senate
Committees on Appropriations: Provided further, That of the amount
appropriated under this heading, not to exceed $3,000,000, to remain
available until September 30, 2010, is for information technology
modernization requirements; not to exceed $200,000 is for official
reception and representation expenses; and not to exceed $258,000 is for
unforeseen emergencies of a confidential nature, to be allocated and
expended under the direction of the Secretary of the Treasury and to be
accounted for solely on his certificate: Provided further, That of the
amount appropriated under this heading, $5,232,443, to remain available
until September 30, 2010, is for the Treasury-wide Financial Statement
Audit and Internal Control Program, of which such amounts as may be
necessary may be transferred to accounts of the Department's offices and
bureaus to conduct audits: Provided further, That this transfer
authority shall be in addition to any other provided in this Act:
Provided further, That of the amount appropriated under this heading,
$500,000, to remain available until September 30, 2010, is for secure
space requirements: Provided further, That of the amount appropriated
under this heading, $1,100,000, to remain available until September 30,
2010, is for salary and benefits for hiring of personnel whose work will
require completion of a security clearance investigation in order to
perform highly classified work to further the activities of the Office
of Terrorism and Financial Intelligence: Provided further, That of the
amount appropriated under this heading, $3,400,000, to remain available
until September 30, 2011, is to develop and implement programs within
the Office of Critical Infrastructure Protection and Compliance Policy,
including entering into cooperative agreements: Provided further, That
of the amount appropriated under this heading $3,000,000 to remain
available until September 30, 2011, is for modernizing the Office of
Debt Management's information technology.
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data processing
equipment, software, and services for the Department of the Treasury,
$26,975,000, to remain available until September 30, 2011: Provided,
That $11,518,000 is for repairs to the Treasury Annex Building: Provided
further, That these funds shall be transferred to accounts and in
amounts as necessary to satisfy the requirements of the Department's
offices, bureaus, and other organizations: Provided further, That this
transfer authority shall be in addition to any other transfer authority
provided in this Act: Provided further, That none of the funds
appropriated under this heading shall be used to support or supplement
``Internal Revenue Service, Operations Support'' or ``Internal Revenue
Service, Business Systems Modernization''.
[[Page 632]]
123 STAT. 632
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, $26,125,000, 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; $146,083,000, of which
not to exceed $6,000,000 shall be available for official travel
expenses; of which not to exceed $500,000 shall be available for
unforeseen emergencies of a confidential nature, to be allocated and
expended under the direction of the Inspector General for Tax
Administration; and of which not to exceed $1,500 shall be available for
official reception and representation expenses.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; travel and training expenses
of non-Federal and foreign government personnel to attend meetings and
training concerned with domestic and foreign financial intelligence
activities, law enforcement, and financial regulation; not to exceed
$14,000 for official reception and representation expenses; and for
assistance to Federal law enforcement agencies, with or without
reimbursement, $91,465,000, of which not to exceed $16,340,000 shall
remain available until September 30, 2011; and of which $9,178,000 shall
remain available until September 30, 2010: Provided, That funds
appropriated in this account may be used to procure personal services
contracts.
Treasury Forfeiture Fund
(RESCISSION)
Of the unobligated balances available under this heading,
$30,000,000 are rescinded.
[[Page 633]]
123 STAT. 633
Financial Management Service
salaries and expenses
For necessary expenses of the Financial Management Service,
$239,785,000, of which not to exceed $9,220,000 shall remain available
until September 30, 2011, for information systems modernization
initiatives; and of which not to exceed $2,500 shall be available for
official reception and representation expenses.
Alcohol and Tobacco Tax and Trade Bureau
Salaries and Expenses
For necessary expenses of carrying out section 1111 of the Homeland
Security Act of 2002, including hire of passenger motor vehicles,
$99,065,000; of which not to exceed $6,000 for official reception and
representation expenses; not to exceed $50,000 for cooperative research
and development programs for laboratory services; and provision of
laboratory assistance to State and local agencies with or without
reimbursement: Provided, That of the amount appropriated under this
heading, $2,000,000, to remain available until September 30, 2010, is
for information technology management.
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code, the United
States Mint is provided funding through the United States Mint Public
Enterprise Fund for costs associated with the production of circulating
coins, numismatic coins, and protective services, including both
operating expenses and capital investments. The aggregate amount of new
liabilities and obligations incurred during fiscal year 2009 under such
section 5136 for circulating coinage and protective service capital
investments of the United States Mint shall not exceed $42,150,000.
Bureau of the Public Debt
administering the public debt
For necessary expenses connected with any public-debt issues of the
United States, $187,352,000, of which not to exceed $2,500 shall be
available for official reception and representation expenses, and of
which not to exceed $2,000,000 shall remain available until September
30, 2011, for systems modernization: Provided, That the sum appropriated
herein from the general fund for fiscal year 2009 shall be reduced by
not more than $10,000,000 as definitive security issue fees and Legacy
Treasury Direct Investor Account Maintenance fees are collected, so as
to result in a final fiscal year 2009 appropriation from the general
fund estimated at $177,352,000. 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.
[[Page 634]]
123 STAT. 634
Community Development Financial Institutions Fund Program Account
To carry out the Community Development Banking and Financial
Institutions Act of 1994 (Public Law 103-325), including services
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for ES-3, $107,000,000, to
remain available until September 30, 2010, of which $8,500,000 shall be
for financial assistance, technical assistance, training and outreach
programs designed to benefit Native American, Native Hawaiian, and
Alaskan Native communities and provided primarily through qualified
community development lender organizations with experience and expertise
in community development banking and lending in Indian country, Native
American organizations, tribes and tribal organizations and other
suitable providers, $2,000,000 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), up to $14,750,000
may be used for administrative expenses, including administration of the
New Markets Tax Credit, up to $7,500,000 may be used for the cost of
direct loans, and up to $250,000 may be used for administrative expenses
to carry out the direct loan program: Provided, That the cost of direct
loans, including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize gross obligations
for the principal amount of direct loans not to exceed $16,000,000.
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to provide
taxpayer services, including pre-filing assistance and education, filing
and account services, taxpayer advocacy services, and other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner, $2,293,000,000, of which not less than $5,100,000 shall be
for the Tax Counseling for the Elderly Program, of which not less than
$9,500,000 shall be available for low-income taxpayer clinic grants, of
which not less than $8,000,000, to remain available until September 30,
2010, shall be available for a Community Volunteer Income Tax Assistance
matching grants demonstration program for tax return preparation
assistance, and of which not less than $193,000,000 shall be available
for operating expenses of the Taxpayer Advocate Service.
enforcement
(including transfer of funds)
For necessary expenses of the Internal Revenue Service to determine
and collect owed taxes, to provide legal and litigation support, to
conduct criminal investigations, to enforce criminal statutes related to
violations of internal revenue laws and other financial crimes, to
purchase (for police-type use, not to exceed 850) and hire passenger
motor vehicles (31 U.S.C. 1343(b)), and to provide other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner, $5,117,267,000, of
[[Page 635]]
123 STAT. 635
which not less than $57,252,000 shall be for the Interagency Crime and
Drug Enforcement program: Provided, That up to $10,000,000 may be
transferred as necessary from this account to ``Operations Support''
solely for the purposes of the Interagency Crime and Drug Enforcement
program: Provided further, That this transfer authority shall be in
addition to any other transfer authority provided in this Act.
operations support
For necessary expenses of the Internal Revenue Service to support
taxpayer services and enforcement programs, including rent payments;
facilities services; printing; postage; physical security; headquarters
and other IRS-wide administration activities; research and statistics of
income; telecommunications; information technology development,
enhancement, operations, maintenance, and security; the hire of
passenger motor vehicles (31 U.S.C. 1343(b)); and other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner; $3,867,011,000, of which up to $75,000,000 shall remain
available until September 30, 2010, for information technology support;
of which not to exceed $1,000,000 shall remain available until September
30, 2011, for research; of which not less than $2,000,000 shall be for
the Internal Revenue Service Oversight Board; and of which not to exceed
$25,000 shall be for official reception and representation.
business systems modernization
For necessary expenses of the Internal Revenue Service's business
systems modernization program, $229,914,000, to remain available until
September 30, 2011, for the capital asset acquisition of information
technology systems, including management and related contractual costs
of said acquisitions, including related Internal Revenue Service labor
costs, and contractual costs associated with operations authorized by 5
U.S.C. 3109: <> Provided, That, with the
exception of labor costs, none of these funds may be obligated until the
Internal Revenue Service submits to the Committees on Appropriations,
and such Committees approve, a plan for expenditure that: (1) meets the
capital planning and investment control review requirements established
by the Office of Management and Budget, including Circular A-11; (2)
complies with the Internal Revenue Service's enterprise architecture,
including the modernization blueprint; (3) conforms with the Internal
Revenue Service's enterprise life cycle methodology; (4) is approved by
the Internal Revenue Service, the Department of the Treasury, and the
Office of Management and Budget; (5) has been reviewed by the Government
Accountability Office; and (6) complies with the acquisition rules,
requirements, guidelines, and systems acquisition management practices
of the Federal Government.
health insurance tax credit administration
For expenses necessary to implement the health insurance tax credit
included in the Trade Act of 2002 (Public Law 107-210), $15,406,000.
[[Page 636]]
123 STAT. 636
administrative provisions--internal revenue service
(including transfer of funds)
Sec. 101. Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service or not to exceed 3
percent of appropriations under the heading ``Enforcement'' may be
transferred to any other Internal Revenue Service appropriation upon the
advance approval of the Committees on Appropriations.
Sec. 102. The Internal Revenue Service shall maintain a training
program to ensure that Internal Revenue Service employees are trained in
taxpayers' rights, in dealing courteously with taxpayers, and in cross-
cultural relations.
Sec. 103. The <> Internal Revenue Service
shall institute and enforce policies and procedures that will safeguard
the confidentiality of taxpayer information.
Sec. 104. Funds made available by this or any other Act to the
Internal Revenue Service shall be available for improved facilities and
increased staffing to provide sufficient and effective 1-800 help line
service for taxpayers. The Commissioner shall continue to make the
improvement of the Internal Revenue Service 1-800 help line service a
priority and allocate resources necessary to increase phone lines and
staff to improve the Internal Revenue Service 1-800 help line service.
Sec. 105. Of the funds made available by this Act to the Internal
Revenue Service, not less than $6,997,000,000 shall be available only
for tax enforcement. In addition, of the funds made available by this
Act to the Internal Revenue Service, and subject to the same terms and
conditions, $490,000,000 shall be available for enhanced tax law
enforcement.
Sec. 106. None <> of the funds made available in
this Act may be used to enter into, renew, extend, administer,
implement, enforce, or provide oversight of any qualified tax collection
contract (as defined in section 6306 of the Internal Revenue Code of
1986).
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 107. Appropriations to the Department of the Treasury in this
Act shall be available for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning; purchase of insurance for official motor vehicles operated in
foreign countries; purchase of motor vehicles without regard to the
general purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical services to
employees and their dependents serving in foreign countries; and
services authorized by 5 U.S.C. 3109.
Sec. 108. Not to exceed 2 percent of any appropriations in this Act
made available to the Departmental Offices--Salaries and Expenses,
Office of Inspector General, Financial Management Service, Alcohol and
Tobacco Tax and Trade Bureau, Financial Crimes Enforcement Network, and
Bureau of the Public Debt, may be transferred between such
appropriations upon the advance approval of the Committees on
Appropriations: Provided, That no
[[Page 637]]
123 STAT. 637
transfer may increase or decrease any such appropriation by more than 2
percent.
Sec. 109. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be transferred
to the Treasury Inspector General for Tax Administration's appropriation
upon the advance approval of the Committees on Appropriations: Provided,
That no transfer may increase or decrease any such appropriation by more
than 2 percent.
Sec. 110. Of the funds available for the purchase of law
enforcement vehicles, no funds may be obligated until the Secretary of
the Treasury certifies that the purchase by the respective Treasury
bureau is consistent with departmental vehicle management principles:
Provided, That the Secretary may delegate this authority to the
Assistant Secretary for Management.
Sec. 111. None of the funds appropriated in this Act or otherwise
available to the Department of the Treasury or the Bureau of Engraving
and Printing may be used to redesign the $1 Federal Reserve note.
Sec. 112. The Secretary of the Treasury may transfer funds from
Financial Management Service, Salaries and Expenses to the Debt
Collection Fund as necessary to cover the costs of debt collection:
Provided, That such amounts shall be reimbursed to such salaries and
expenses account from debt collections received in the Debt Collection
Fund.
Sec. 113. Section 122(g)(1) of Public Law 105-119 (5 U.S.C. 3104
note), is further amended by striking ``10 years'' and inserting ``11
years''.
Sec. 114. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United States Mint
to construct or operate any museum without the explicit approval of the
Committees on Appropriations of the House of Representatives and the
Senate, the House Committee on Financial Services, and the Senate
Committee on Banking, Housing, and Urban Affairs.
Sec. 115. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department of the
Treasury, the Bureau of Engraving and Printing, and the United States
Mint, individually or collectively, may be used to consolidate any or
all functions of the Bureau of Engraving and Printing and the United
States Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing, and Urban
Affairs; the House Committee on Appropriations; and the Senate Committee
on Appropriations.
Sec. 116. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for the Department of the Treasury's
intelligence or intelligence related activities are deemed to be
specifically authorized by the Congress for purposes of section 504 of
the National Security Act of 1947 (50 U.S.C. 414) during fiscal year
2009 until the enactment of the Intelligence Authorization Act for
Fiscal Year 2009.
Sec. 117. Not to exceed $5,000 shall be made available from the
Bureau of Engraving and Printing's Industrial Revolving Fund for
necessary official reception and representation expenses.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2009''.
[[Page 638]]
123 STAT. 638
TITLE II <>
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
Compensation of the President
For compensation of the President, including an expense allowance at
the rate of $50,000 per annum as authorized by 3 U.S.C. 102, $450,000:
Provided, That none of the funds made available for official expenses
shall be expended for any other purpose and any unused amount shall
revert to the Treasury pursuant to section 1552 of title 31, United
States Code.
White House Office
salaries and expenses
For necessary expenses for the White House as authorized by law,
including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
U.S.C. 105, which shall be expended and accounted for as provided in
that section; hire of passenger motor vehicles, newspapers, periodicals,
teletype news service, and travel (not to exceed $100,000 to be expended
and accounted for as provided by 3 U.S.C. 103); and not to exceed
$19,000 for official entertainment expenses, to be available for
allocation within the Executive Office of the President; $53,899,000, of
which $1,400,000 shall be for the Office of National AIDS Policy.
Executive Residence at the White House
operating expenses
For the care, maintenance, repair and alteration, refurnishing,
improvement, heating, and lighting, including electric power and
fixtures, of the Executive Residence at the White House and official
entertainment expenses of the President, $13,363,000, to be expended and
accounted for as provided by 3 U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at the
White House, such sums as may be necessary: Provided, That all
reimbursable operating expenses of the Executive Residence shall be made
in accordance with the provisions of this paragraph: Provided further,
That, notwithstanding any other provision of law, such amount for
reimbursable operating expenses shall be the exclusive authority of the
Executive Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the Executive
Residence shall require each person sponsoring a reimbursable political
event to pay in advance an amount equal to the estimated cost of the
event, and all such advance payments shall be credited to this account
and remain available until expended: Provided further, That the
Executive Residence shall require the national committee of the
political party of the President to maintain on deposit $25,000, to be
separately accounted for and available for expenses relating to
reimbursable political events
[[Page 639]]
123 STAT. 639
sponsored by such committee during such fiscal
year: <> Provided further, That the Executive
Residence shall ensure that a written notice of any amount owed for a
reimbursable operating expense under this paragraph is submitted to the
person owing such amount within 60 days after such expense is incurred,
and that such amount is collected within 30 days after the submission of
such notice: Provided further, That <> the
Executive Residence shall charge interest and assess penalties and other
charges on any such amount that is not reimbursed within such 30 days,
in accordance with the interest and penalty provisions applicable to an
outstanding debt on a United States Government claim under section 3717
of title 31, United States Code: Provided further, That each such amount
that is reimbursed, and any accompanying interest and charges, shall be
deposited in the Treasury as miscellaneous
receipts: <> Provided further, That the
Executive Residence shall prepare and submit to the Committees on
Appropriations, by not later than 90 days after the end of the fiscal
year covered by this Act, a report setting forth the reimbursable
operating expenses of the Executive Residence during the preceding
fiscal year, including the total amount of such expenses, the amount of
such total that consists of reimbursable official and ceremonial events,
the amount of such total that consists of reimbursable political events,
and the portion of each such amount that has been reimbursed as of the
date of the report: <> Provided further, That the
Executive Residence shall maintain a system for the tracking of expenses
related to reimbursable events within the Executive Residence that
includes a standard for the classification of any such expense as
political or nonpolitical: Provided further, That no provision of this
paragraph may be construed to exempt the Executive Residence from any
other applicable requirement of subchapter I or II of chapter 37 of
title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House, $1,600,000, to remain available until
expended, for required maintenance, safety and health issues, and
continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers in
carrying out its functions under the Employment Act of 1946 (15 U.S.C.
1021 et seq.), $4,118,000.
Office of Policy Development
salaries and expenses
For necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107,
$3,550,000.
[[Page 640]]
123 STAT. 640
National Security Council
salaries and expenses
For necessary expenses of the National Security Council, including
services as authorized by 5 U.S.C. 3109, $9,029,000.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
passenger motor vehicles, $101,333,000, of which not less than
$5,700,000 shall be for e-mail restoration activities, and of which
$11,923,000 shall remain available until expended for continued
modernization of the information technology infrastructure within the
Executive Office of the President.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and Budget,
including hire of passenger motor vehicles and services as authorized by
5 U.S.C. 3109 and to carry out the provisions of chapter 35 of title 44,
United States Code, $87,972,000, of which not to exceed $3,000 shall be
available for official representation expenses: Provided, That none of
the funds appropriated in this Act for the Office of Management and
Budget may be used for the purpose of reviewing any agricultural
marketing orders or any activities or regulations under the provisions
of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et
seq.): Provided further, That none of the funds made available for the
Office of Management and Budget by this Act may be expended for the
altering of the transcript of actual testimony of witnesses, except for
testimony of officials of the Office of Management and Budget, before
the Committees on Appropriations or their subcommittees: Provided
further, That none of the funds provided in this or prior Acts shall be
used, directly or indirectly, by the Office of Management and Budget,
for evaluating or determining if water resource project or study reports
submitted by the Chief of Engineers acting through the Secretary of the
Army are in compliance with all applicable laws, regulations, and
requirements relevant to the Civil Works water resource planning
process: <> Provided further, That the
Office of Management and Budget shall have not more than 60 days in
which to perform budgetary policy reviews of water resource matters on
which the Chief of Engineers has reported: Provided further,
That <> the Director of the Office of Management
and Budget shall notify the appropriate authorizing and appropriating
committees when the 60-day review is
initiated: <> Provided further, That if water
resource reports have not been transmitted to the appropriate
authorizing and appropriating committees within 15 days after the end of
the Office of Management and Budget review period based on the
notification from the Director, Congress shall assume Office of
Management and Budget concurrence with the report and act accordingly.
[[Page 641]]
123 STAT. 641
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, $27,200,000;
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.
Counterdrug Technology Assessment Center
(including transfer of funds)
For necessary expenses for the Counterdrug Technology Assessment
Center for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 2006 (Public Law 109-469),
$3,000,000, which shall remain available until expended for
counternarcotics research and development projects: Provided, That such
amount shall be available for transfer to other Federal departments or
agencies: <> Provided further, That the
Office of National Drug Control Policy shall submit for approval by the
Committees on Appropriations of the House of Representatives and the
Senate, a detailed spending plan for the use of these funds no later
than 90 days after enactment of this Act.
federal drug control programs
High Intensity Drug Trafficking Areas Program
(including transfers of funds)
For necessary <> expenses of the Office of
National Drug Control Policy's High Intensity Drug Trafficking Areas
Program, $234,000,000, to remain available until September 30, 2010, for
drug control activities consistent with the approved strategy for each
of the designated High Intensity Drug Trafficking Areas, of which no
less than 51 percent shall be transferred to State and local entities
for drug control activities, which shall be obligated within 120 days
after enactment of this Act: Provided, That up to 49 percent may be
transferred to Federal agencies and departments at a rate to be
determined by the Director, of which up to $2,100,000 may be used for
auditing services and associated activities, and up to $250,000 of the
$2,100,000 shall be used to ensure the continued operation and
maintenance of the Performance Management System: <> Provided further, That High Intensity Drug Trafficking
Areas Programs designated as of September 30, 2008, shall be funded at
no less than the fiscal year 2008 initial allocation levels (as revised
by the letter from the Director of the Office of National Drug Control
Policy to the Committees on Appropriations of the House of
Representatives and the Senate
[[Page 642]]
123 STAT. 642
dated April 8, 2008) or $3,000,000, whichever is greater, unless the
Director submits to the Committees on Appropriations of the House of
Representatives and the Senate, and the Committees approve,
justification for changes in those levels based on clearly articulated
priorities for the High Intensity Drug Trafficking Areas Programs, as
well as published Office of National Drug Control Policy performance
measures of effectiveness: Provided further, That no High Intensity Drug
Trafficking Area shall receive more than $47,457,447 as its fiscal year
2009 initial allocation level: Provided further, That, notwithstanding
the requirements of Public Law 106-58, any unexpended funds obligated
prior to fiscal year 2007 for programs addressing the treatment or
prevention of drug use as part of the approved strategy for a designated
High Intensity Drug Trafficking Area may be used for other approved
activities of that High Intensity Drug Trafficking
Area: <> Provided further, That the
Office of National Drug Control Policy (ONDCP) shall notify the
Committees on Appropriations of the House of Representatives and the
Senate of the initial High-Intensity Drug Trafficking Area (HIDTA)
allocation funding within 45 days after the enactment of this
Act: <> Provided further, That
ONDCP shall submit recommendations for approval to the Committees on
Appropriations for the use of discretionary HIDTA funding, according to
a framework proposed jointly by the HIDTA Directors and ONDCP, within 90
days after the enactment of this Act.
Other Federal Drug Control Programs
(including transfer of funds)
For activities to support a national anti-drug campaign for youth,
and for other purposes, authorized by the Office of National Drug
Control Policy Reauthorization Act of 2006 (Public Law 109-469),
$174,700,000, to remain available until expended, of which the amounts
are available as follows: $70,000,000 to support a national media
campaign, of which at least $8,000,000 shall be designated for
methamphetamine prevention messages: Provided, That the Office of
National Drug Control Policy shall maintain funding for non-advertising
services for the media campaign at no less than the fiscal year 2003
ratio of service funding to total funds and shall continue the corporate
outreach program; $90,000,000 to continue a program of matching grants
to drug-free communities, of which $2,000,000 shall be made available as
directed by section 4 of Public Law 107-82, as amended by Public Law
109-469 (21 U.S.C. 1521 note): Provided further, That any grantee
seeking a renewal grant (year 2 through 5, or year 7 through 10) that is
determined to be ineligible or not entitled to continuation funding for
any reason, shall be afforded a fair, timely, and independent appeal
prior to the beginning of the subsequent funding year before being
denied a renewal grant; $1,250,000 for the National Drug Court
Institute; $9,800,000 for the United States Anti-Doping Agency for anti-
doping activities; $1,900,000 for the United States membership dues to
the World Anti-Doping Agency; $1,250,000 for the National Alliance for
Model State Drug Laws; and $500,000 for evaluations and research related
to National Drug Control Program performance measures: Provided further,
That such funds may be transferred to other Federal departments and
agencies to carry out such activities: Provided further, That of the
amounts appropriated for a national media campaign, not
[[Page 643]]
123 STAT. 643
to exceed 10 percent shall be for administration, advertising
production, research and testing, labor, and related costs of the
national media campaign.
Unanticipated Needs
For expenses necessary to enable the President to meet unanticipated
needs, in furtherance of the national interest, security, or defense
which may arise at home or abroad during the current fiscal year, as
authorized by 3 U.S.C. 108, $1,000,000, to remain available until
September 30, 2010.
Presidential Transition Administrative Support
(including transfer of funds)
For expenses of the Office of Administration to carry out the
Presidential Transition Act of 1963 and similar expenses, in addition to
amounts otherwise appropriated by law, $8,000,000; Provided, That such
funds may be transferred to other accounts that provide funding for
offices within the Executive Office of the President and the Office of
the Vice President in this Act or any other Act, to carry out such
purposes.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
including subsistence expenses as authorized by 3 U.S.C. 106, which
shall be expended and accounted for as provided in that section; and
hire of passenger motor vehicles, $4,496,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to the
extent not otherwise provided for, heating and lighting, including
electric power and fixtures, of the official residence of the Vice
President; the hire of passenger motor vehicles; and not to exceed
$90,000 for official entertainment expenses of the Vice President, to be
accounted for solely on his certificate, $323,000: Provided, That
advances or repayments or transfers from this appropriation may be made
to any department or agency for expenses of carrying out such
activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfer of funds)
Sec. 201. <> From funds made available in
this Act under the headings ``White House Office'', ``Executive
Residence at the White
[[Page 644]]
123 STAT. 644
House'', ``White House Repair and Restoration'', ``Council of Economic
Advisors'', ``National Security Council'', ``Office of Administration'',
``Office of Policy Development'', ``Special Assistance to the
President'', and ``Official Residence of the Vice President'', the
Director of the Office of Management and Budget (or such other officer
as the President may designate in writing), may, 15 days after giving
notice to the Committees on Appropriations of the House of
Representatives and the Senate, transfer not to exceed 10 percent of any
such appropriation to any other such appropriation, to be merged with
and available for the same time and for the same purposes as the
appropriation to which transferred: Provided, That the amount of an
appropriation shall not be increased by more than 50 percent by such
transfers: Provided further, That no amount shall be transferred from
``Special Assistance to the President'' or ``Official Residence of the
Vice President'' without the approval of the Vice President.
Sec. 202. <> The President shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate not later than 60 days after the date of
the enactment of this Act, and prior to the initial obligation of funds
appropriated under the heading ``Office of National Drug Control
Policy'', a detailed narrative and financial plan on the proposed uses
of all funds under the heading by program, project, and activity, for
which the obligation of funds is anticipated: Provided, That up to 20
percent of funds appropriated under this heading may be obligated before
the submission of the report subject to prior approval of the Committees
on Appropriations: <> Provided further, That
the report shall be updated and submitted to the Committees on
Appropriations every 6 months and shall include information detailing
how the estimates and assumptions contained in previous reports have
changed: Provided further, That any new projects and changes in funding
of ongoing projects shall be subject to the prior approval of the
Committees on Appropriations.
Sec. 203. Not to exceed 2 percent of any appropriations in this Act
made available to the Office of National Drug Control Policy may be
transferred between appropriated programs upon the advance approval of
the Committees on Appropriations: Provided, That no transfer may
increase or decrease any such appropriation by more than 3 percent.
Sec. 204. Not to exceed $1,000,000 of any appropriations in this Act
made available to the Office of National Drug Control Policy may be
reprogrammed within a program, project, or activity upon the advance
approval of the Committees on Appropriations.
This title may be cited as the ``Executive Office of the President
Appropriations Act, 2009''.
TITLE III <>
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
purchase or hire, driving, maintenance, and operation of an automobile
for the Chief Justice, not to exceed $10,000 for
[[Page 645]]
123 STAT. 645
the purpose of transporting Associate Justices, and hire of passenger
motor vehicles as authorized by 31 U.S.C. 1343 and 1344; not to exceed
$10,000 for official reception and representation expenses; and for
miscellaneous expenses, to be expended as the Chief Justice may approve,
$69,777,000, of which $2,000,000 shall remain available until expended.
care of the building and grounds
For such expenditures as may be necessary to enable the Architect of
the Capitol to carry out the duties imposed upon the Architect by the
Act approved May 7, 1934 (40 U.S.C. 13a-13b), $18,447,000, which shall
remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of the chief judge, judges, and other officers and
employees, and for necessary expenses of the court, as authorized by
law, $30,384,000.
United States Court of International Trade
Salaries and Expenses
For salaries of the chief judge and eight judges, salaries of the
officers and employees of the court, services, and necessary expenses of
the court, as authorized by law, $19,605,000.
Courts of Appeals, District Courts, and Other Judicial Services
Salaries and Expenses
For the salaries of circuit and district judges (including judges of
the territorial courts of the United States), justices and judges
retired from office or from regular active service, judges of the United
States Court of Federal Claims, bankruptcy judges, magistrate judges,
and all other officers and employees of the Federal Judiciary not
otherwise specifically provided for, and necessary expenses of the
courts, as authorized by law, $4,801,369,000 (including the purchase of
firearms and ammunition); of which not to exceed $27,817,000 shall
remain available until expended for space alteration projects and for
furniture and furnishings related to new space alteration and
construction projects.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed
$4,253,000, to be appropriated from the Vaccine Injury Compensation
Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys appointed to
represent persons under section 3006A of title 18, United States Code,
and also under section 3599 of title 18, United States Code, in cases in
which a defendant is charged with a crime that may
[[Page 646]]
123 STAT. 646
be punishable by death; the compensation and reimbursement of expenses
of persons furnishing investigative, expert, and other services under
section 3006A(e) of title 18, United States Code, and also under section
3599(f) and (g)(2) of title 18, United States Code, in cases in which a
defendant is charged with a crime that may be punishable by death; the
compensation (in accordance with the maximums under section 3006A of
title 18, United States Code) and reimbursement of expenses of attorneys
appointed to assist the court in criminal cases where the defendant has
waived representation by counsel; the compensation and reimbursement of
travel expenses of guardians ad litem acting on behalf of financially
eligible minor or incompetent offenders in connection with transfers
from the United States to foreign countries with which the United States
has a treaty for the execution of penal sentences; the compensation and
reimbursement of expenses of attorneys appointed to represent jurors in
civil actions for the protection of their employment, as authorized by
28 U.S.C. 1875(d); the compensation and reimbursement of expenses of
attorneys appointed under 18 U.S.C. 983(b)(1) in connection with certain
judicial civil forfeiture proceedings; and for necessary training and
general administrative expenses, $849,400,000, to remain available until
expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
1876; compensation of jury commissioners as authorized by 28 U.S.C.
1863; and compensation of commissioners appointed in condemnation cases
pursuant to rule 71A(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71A(h)), $62,206,000, to remain available until
expended: Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable under
section 5332 of title 5, United States Code.
court security
(including transfers of funds)
For necessary expenses, not otherwise provided for, incident to the
provision of protective guard services for United States courthouses and
other facilities housing Federal court operations, and the procurement,
installation, and maintenance of security systems and equipment for
United States courthouses and other facilities housing Federal court
operations, including building ingress-egress control, inspection of
mail and packages, directed security patrols, perimeter security, basic
security services provided by the Federal Protective Service, and other
similar activities as authorized by section 1010 of the Judicial
Improvement and Access to Justice Act (Public Law 100-702),
$428,858,000, 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.
[[Page 647]]
123 STAT. 647
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by 31
U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $79,049,000, of which not to exceed $8,500 is authorized for
official reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as authorized
by Public Law 90-219, $25,725,000; of which $1,800,000 shall remain
available through September 30, 2010, to provide education and training
to Federal court personnel; and of which not to exceed $1,500 is
authorized for official reception and representation expenses.
Judicial Retirement Funds
payment to judiciary trust funds
For payment to the Judicial Officers' Retirement Fund, as authorized
by 28 U.S.C. 377(o), $65,340,000; to the Judicial Survivors' Annuities
Fund, as authorized by 28 U.S.C. 376(c), $6,600,000; and to the United
States Court of Federal Claims Judges' Retirement Fund, as authorized by
28 U.S.C. 178(l), $4,200,000.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $16,225,000, of which not
to exceed $1,000 is authorized for official reception and representation
expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available for
services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' and ``Courts of Appeals, District Courts,
and Other Judicial Services, Fees of Jurors and Commissioners'', shall
be increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under sections
[[Page 648]]
123 STAT. 648
604 and 608 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth in
section 608.
Sec. 303. Notwithstanding any other provision of law, the salaries
and expenses appropriation for ``Courts of Appeals, District Courts, and
Other Judicial Services'' shall be available for official reception and
representation expenses of the Judicial Conference of the United States:
Provided, That such available funds shall not exceed $11,000 and shall
be administered by the Director of the Administrative Office of the
United States Courts in the capacity as Secretary of the Judicial
Conference.
Sec. 304. Within <> 90 days after
the date of the enactment of this Act, the Administrative Office of the
U.S. Courts shall submit to the Committees on Appropriations a
comprehensive financial plan for the Judiciary allocating all sources of
available funds including appropriations, fee collections, and carryover
balances, to include a separate and detailed plan for the Judiciary
Information Technology Fund.
Sec. 305. Section <> 3314(a) of title 40,
United States Code, shall be applied by substituting ``Federal'' for
``executive'' each place it appears.
Sec. 306. In accordance with 28 U.S.C. 561-569, and notwithstanding
any other provision of law, the United States Marshals Service shall
provide, for such courthouses as its Director may designate in
consultation with the Director of the Administrative Office of the
United States Courts, for purposes of a pilot program, the security
services that 40 U.S.C. 1315 authorizes the Department of Homeland
Security to provide, except for the services specified in 40 U.S.C.
1315(b)(2)(E). <> For building-specific security
services at these courthouses, the Director of the Administrative Office
of the United States Courts shall reimburse the United States Marshals
Service rather than the Department of Homeland Security.
Sec. 307. (a). In General.--Section 604(a)(5) of title 28, United
States Code, is amended by striking ``magistrate judges appointed under
section 631 of this title,'' and inserting the following: ``, United
States magistrate judges, bankruptcy judges appointed under chapter 6 of
this title, judges of the District Court of Guam, judges of the District
Court for the Northern Mariana Islands, judges of the District Court of
the Virgin Islands, bankruptcy judges and magistrate judges retired
under section 377 of this title, and judges retired under section 373 of
this title, who are''.
(b) Construction.--For <> purposes of
construing and applying chapter 87 of title 5, United States Code,
including any adjustment of insurance rates by regulation or otherwise,
the following categories of judicial officers shall be deemed to be
judges of the United States as described under section 8701 of title 5,
United States Code:
(1) United States magistrate judges.
(2) Bankruptcy judges appointed under chapter 6 of title 28,
United States Code.
(3) Judges of the District Court of Guam, judges of the
District Court for the Northern Mariana Islands, and judges of
the District Court of the Virgin Islands.
(4) Bankruptcy judges and magistrate judges retired under
section 377 of title 28, United States Code.
[[Page 649]]
123 STAT. 649
(5) Judges retired under section 373 of title 28, United
States Code.
(c) Effective Date.--Subsection <> (b) and
the amendment made by subsection (a) shall apply with respect to any
payment made on or after the first day of the first applicable pay
period beginning on or after the date of the enactment of Public Law
110-177.
Sec. 308. Subsection (c) of section 407 of the Transportation,
Treasury, Housing and Urban Development, the Judiciary, the District of
Columbia, and Independent Agencies Appropriations Act, 2006 (division A,
title IV, of Public Law 109-115; 119 Stat. 2396, 2471) is <> repealed.
Sec. 309. Section 203(c) of the Judicial Improvements Act of 1990
(Public Law 101-650; 28 U.S.C. 133 note), is amended--
(1) in the second sentence, by inserting ``the district of
Hawaii,'' after ``Pennsylvania,'';
(2) in the third sentence (relating to the District of
Kansas), by striking ``17 years'' and inserting ``18 years'';
(3) in the sixth sentence (relating to the Northern District
of Ohio), by striking ``17 years'' and inserting ``18 years''.
(4) by inserting <> ``The first vacancy in
the office of the district judge in the district of Hawaii
occurring 15 years or more after the confirmation date of the
judge named to fill the temporary judgeship created under this
subsection shall not be filled.'' after the sixth sentence.
Sec. 310. <> Pursuant to section 140 of
Public Law 97-92, and from funds appropriated in this Act, Justices and
judges of the United States are authorized during fiscal year 2009, to
receive a salary adjustment in accordance with 28 U.S.C. 461.
This title may be cited as the ``Judiciary Appropriations Act,
2009''.
TITLE IV <>
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be deposited
into a dedicated account, for a nationwide program to be administered by
the Mayor, for District of Columbia resident tuition support,
$35,100,000, to remain available until expended: Provided, That such
funds, including any interest accrued thereon, may be used on behalf of
eligible District of Columbia residents to pay an amount based upon the
difference between in-State and out-of-State tuition at public
institutions of higher education, or to pay up to $2,500 each year at
eligible private institutions of higher education: Provided further,
That the awarding of such funds may be prioritized on the basis of a
resident's academic merit, the income and need of eligible students and
such other factors as may be authorized: <> Provided
further, That the District of Columbia government shall maintain a
dedicated account for the Resident Tuition Support Program that shall
consist of the Federal funds appropriated to the Program in this Act and
any subsequent appropriations, any unobligated balances from prior
fiscal years, and any interest earned in this or any fiscal year:
Provided further, That the account shall be under the control of the
District of
[[Page 650]]
123 STAT. 650
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,
$39,177,000, to remain available until expended and in addition any
funds that remain available from prior year appropriations under this
heading for the District of Columbia Government, of which $38,825,000 is
for the costs of providing public safety at events related to the
presence of the national capital in the District of Columbia, for the
costs of providing support requested by the Director of the United
States Secret Service Division in carrying out protective duties under
the direction of the Secretary of Homeland Security, and for the costs
of providing support to respond to immediate and specific terrorist
threats or attacks in the District of Columbia or surrounding
jurisdictions; and of which $352,000 is for the District of Columbia
National Guard retention and college access program.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia Courts,
$248,409,000 to be allocated as follows: for the District of Columbia
Court of Appeals, $12,630,000, of which not to exceed $1,500 is for
official reception and representation expenses; for the District of
Columbia Superior Court, $104,277,000, of which not to exceed $1,500 is
for official reception and representation expenses; for the District of
Columbia Court System, $55,426,000, of which not to exceed $1,500 is for
official reception and representation expenses; and $76,076,000, to
remain available until September 30, 2010, for capital improvements for
District of Columbia courthouse facilities, including structural
improvements to the District of Columbia cell block at the Moultrie
Courthouse: Provided, That funds made available for capital improvements
shall be expended consistent with the General Services Administration
(GSA) master plan study and building evaluation
report: <> Provided further, That
notwithstanding any other provision of law, all amounts under this
heading shall be apportioned quarterly by the Office of Management and
Budget and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal agencies, with
payroll and financial services to be provided on a contractual basis
with the GSA, and such services shall include the preparation of monthly
financial reports, copies of which shall be submitted directly by GSA to
the President and to the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Oversight and
Government Reform of the House of Representatives, and the Committee on
Homeland Security and Governmental Affairs of the
Senate: <> Provided further, That 30
days after providing written notice to the Committees
[[Page 651]]
123 STAT. 651
on Appropriations of the House of Representatives and the Senate, the
District of Columbia Courts may reallocate not more than $1,000,000 of
the funds provided under this heading among the items and entities
funded under this heading for operations, and not more than 4 percent of
the funds provided under this heading for facilities.
defender services in district of columbia courts
For payments authorized under section 11-2604 and section 11-2605,
D.C. Official Code (relating to representation provided under the
District of Columbia Criminal Justice Act), payments for counsel
appointed in proceedings in the Family Court of the Superior Court of
the District of Columbia under chapter 23 of title 16, D.C. Official
Code, or pursuant to contractual agreements to provide guardian ad litem
representation, training, technical assistance, and such other services
as are necessary to improve the quality of guardian ad litem
representation, payments for counsel appointed in adoption proceedings
under chapter 3 of title 16, D.C. Code, and payments for counsel
authorized under section 21-2060, D.C. Official Code (relating to
representation provided under the District of Columbia Guardianship,
Protective Proceedings, and Durable Power of Attorney Act of 1986),
$52,475,000, to remain available until expended: Provided, That the
funds provided in this Act under the heading ``Federal Payment to the
District of Columbia Courts'' (other than the $76,076,000 provided under
such heading for capital improvements for District of Columbia
courthouse facilities) may also be used for payments under this heading:
Provided further, That in addition to the funds provided under this
heading, the Joint Committee on Judicial Administration in the District
of Columbia may use funds provided in this Act under the heading
``Federal Payment to the District of Columbia Courts'' (other than the
$76,076,000 provided under such heading for capital improvements for
District of Columbia courthouse facilities), to make payments described
under this heading for obligations incurred during any fiscal year:
Provided further, That funds provided under this heading shall be
administered by the Joint Committee on Judicial Administration in the
District of Columbia: <> Provided
further, That notwithstanding any other provision of law, this
appropriation shall be apportioned quarterly by the Office of Management
and Budget and obligated and expended in the same manner as funds
appropriated for expenses of other Federal agencies, with payroll and
financial services to be provided on a contractual basis with the
General Services Administration (GSA), and such services shall include
the preparation of monthly financial reports, copies of which shall be
submitted directly by GSA to the President and to the Committees on
Appropriations of the House of Representatives and the Senate, the
Committee on Oversight and Government Reform of the House of
Representatives, and the Committee on Homeland Security and Governmental
Affairs of the Senate.
Federal Payment to the Court Services and Offender Supervision Agency
for the District of Columbia
For salaries and expenses, including the transfer and hire of motor
vehicles, of the Court Services and Offender Supervision Agency for the
District of Columbia, as authorized by the National
[[Page 652]]
123 STAT. 652
Capital Revitalization and Self-Government Improvement Act of 1997,
$203,490,000, of which not to exceed $2,000 is for official reception
and representation expenses related to Community Supervision and
Pretrial Services Agency programs; of which not to exceed $25,000 is for
dues and assessments relating to the implementation of the Court
Services and Offender Supervision Agency Interstate Supervision Act of
2002; of which not to exceed $400,000 for the Community Supervision
Program and $160,000 for the Pretrial Services Program, both to remain
available until September 30, 2010, are for information technology
infrastructure enhancement acquisitions; of which $148,652,000 shall be
for necessary expenses of Community Supervision and Sex Offender
Registration, to include expenses relating to the supervision of adults
subject to protection orders or the provision of services for or related
to such persons; of which $54,838,000 shall be available to the Pretrial
Services Agency: <> Provided, That notwithstanding any
other provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated for
salaries and expenses of other Federal agencies: Provided further, That
not less than $2,000,000 shall be available for re-entrant housing in
the District of Columbia: Provided further, That the Director is
authorized to accept and use gifts in the form of in-kind contributions
of space and hospitality to support offender and defendant programs, and
equipment and vocational training services to educate and train
offenders and defendants: <>
Provided further, That the Director shall keep accurate and detailed
records of the acceptance and use of any gift or donation under the
previous proviso, and shall make such records available for audit and
public inspection: Provided further, That the Court Services and
Offender Supervision Agency Director is authorized to accept and use
reimbursement from the District of Columbia Government for space and
services provided on a cost reimbursable basis.
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire of motor
vehicles, of the District of Columbia Public Defender Service, as
authorized by the National Capital Revitalization and Self-Government
Improvement Act of 1997, $35,659,000, of which $700,000 is to remain
available until September 30, 2010: Provided, That notwithstanding any
other provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated for
salaries and expenses of Federal agencies. Provided further, That for
fiscal year 2009 and thereafter, the Public Defender Service is
authorized to charge fees to cover costs of materials distributed and
training provided to attendees of educational events, including
conferences, sponsored by the Public Defender Service, and
notwithstanding 31 U.S.C. 3302, such fees shall be credited to this
account, to be available until expended without further appropriation.
[[Page 653]]
123 STAT. 653
Federal Payment to the District of Columbia Water and Sewer Authority
For a Federal payment to the District of Columbia Water and Sewer
Authority, $16,000,000, to remain available until expended, to continue
implementation of the Combined Sewer Overflow Long-Term Plan: Provided,
That the District of Columbia Water and Sewer Authority provides a 100
percent match for this payment.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating Council,
$1,774,000, to remain available until expended, to support initiatives
related to the coordination of Federal and local criminal justice
resources in the District of Columbia.
federal payment to the office of the chief financial officer of the
district of columbia
For a Federal payment to the Office of the Chief Financial Officer
of the District of Columbia, $4,887,622: Provided,
That <> each entity that receives
funding under this heading shall submit to the Office of the Chief
Financial Officer of the District of Columbia (CFO) a detailed budget
and comprehensive description of the activities to be carried out with
such funds no later than 60 days after enactment of this Act, and the
CFO shall submit a comprehensive report to the Committees on
Appropriations of the House of Representatives and the Senate no later
than June 1, 2009.
Federal Payment for School Improvement
For a Federal payment for a school improvement program in the
District of Columbia, $54,000,000, to be allocated as follows: for the
District of Columbia Public Schools, $20,000,000 to improve public
school education in the District of Columbia; for the State Education
Office, $20,000,000 to expand quality public charter schools in the
District of Columbia, to remain available until expended; for the
Secretary of the Department of Education, $14,000,000 to provide
opportunity scholarships for students in the District of Columbia in
accordance with division C, title III of the District of Columbia
Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 126), of which
up to $1,000,000 may be used to administer and fund assessments:
Provided, That none of the funds provided in this Act or any other Act
for opportunity scholarships may be used by an eligible student to
enroll in a participating school under the D.C. School Choice Incentive
Act of 2003 unless (1) the participating school has and maintains a
valid certificate of occupancy issued by the District of Columbia; and
(2) the core subject matter teachers of the eligible student hold 4-year
bachelor's degrees: Provided further, That use of any funds in this Act
or any other Act for opportunity scholarships after school year 2009-
2010 shall only be available upon enactment of reauthorization of that
program by Congress and the adoption of legislation by the District of
Columbia approving such reauthorization.
[[Page 654]]
123 STAT. 654
federal payment to jump start public school reform
For a Federal payment to jump start public school reform in the
District of Columbia, $20,000,000, of which $3,500,000 is to support the
recruitment, development and training of principals and other school
leaders; $7,000,000 is to develop optimal school programs and intervene
in low performing schools; $7,500,000 is for a customized data reporting
and accountability system on student performance as well as increased
outreach and training for parents and community members; and $2,000,000
is to support data reporting requirements associated with the District
of Columbia Public Schools teacher incentive program: Provided, That up
to $500,000 or 10 percent, whichever is less, of the amounts above may
be transferred as necessary from one activity to another activity:
Provided further, That <> the Committees
on Appropriations of the House of Representatives and Senate are
notified in writing 15 days in advance of the transfer: Provided
further, That any amount provided under this heading shall be available
only after such amount has been apportioned pursuant to chapter 15 of
title 31, United States Code.
federal payment for consolidated laboratory facility
For a Federal payment to the District of Columbia, $21,000,000, to
remain available until September 30, 2010, for costs associated with the
construction of a consolidated bioterrorism and forensics laboratory:
Provided, That the District of Columbia provides a 100 percent match for
this payment.
federal payment for central library and branch locations
For a Federal payment to the District of Columbia, $7,000,000, to
remain available until expended, for the Federal contribution for costs
associated with the renovation and rehabilitation of District libraries.
Federal Payment to the Executive Office of the Mayor of the District of
Columbia
For a Federal payment to the Executive Office of the Mayor of the
District of Columbia to enhance the quality of life for District
residents, $3,387,500, of which $1,250,000 shall be available as
matching funds to temporarily continue Federal benefits for low-income
couples who decide to marry, and of which $2,137,500 shall be to
continue Marriage Development Accounts in the District of Columbia:
Provided, That <> no funds shall be expended
until the Mayor of the District of Columbia submits a detailed
expenditure plan, including performance measures, to the Committees on
Appropriations of the House of Representatives and the
Senate: <> Provided further, That the
District submit a preliminary progress report on activities no later
than June 1, 2009, and a final report including a detailed description
of outcomes achieved no later than February 1, 2010.
District of Columbia Funds
The following amounts are appropriated for the District of Columbia
for the current fiscal year out of the General Fund of the District of
Columbia (``General Fund''), except as otherwise
[[Page 655]]
123 STAT. 655
specifically provided: Provided, That notwithstanding any other
provision of law, except as provided in section 450A of the District of
Columbia Home Rule Act, approved November 2, 2000 (114 Stat. 2440; D.C.
Official Code Sec. 1-204.50a), and provisions of this Act, the total
amount appropriated in this Act for operating expenses for the District
of Columbia for fiscal year 2009 under this heading shall not exceed the
lesser of the sum of the total revenues of the District of Columbia for
such fiscal year or $9,888,095,000 (of which $6,082,474,000 shall be
from local funds (including $420,119,000 from dedicated taxes),
$2,177,382,000 shall be from Federal grant funds, $1,621,929,000 shall
be from other funds, and $6,310,000 shall be from private funds); in
addition, $202,326,130 from funds previously appropriated in this Act as
Federal payments: Provided further, That of the local funds, such
amounts as may be necessary may be derived from the District's General
Fund balance: Provided further, That of these funds the District's
intradistrict authority shall be $725,461,000: in addition, for capital
construction projects, an increase of $1,482,977,000, of which
$1,121,734,000 shall be from local funds, $107,794,000 from the Local
Street Maintenance fund, $60,708,000 from the District of Columbia
Highway Trust Fund, $192,741,000 from Federal grant funds, and a
rescission of $353,447,000 from local funds and a rescission of
$37,500,000 from Local Street Maintenance funds appropriated under this
heading in prior fiscal years for a net amount of $1,092,030,000 to
remain available until expended: <>
Provided further, That the amounts provided under this heading are to be
available, allocated and expended as proposed under ``Title III--
District of Columbia Funds Division of Expenses'' of the Fiscal Year
2009 Proposed Budget and Financial Plan submitted to the Congress by the
District of Columbia on June 9, 2008 and such title is hereby
incorporated by reference as though set forth fully herein: Provided
further, That this amount may be increased by proceeds of one-time
transactions which are expended for emergency or unanticipated operating
or capital needs: Provided further, That such increases shall be
approved by enactment of local District law and shall comply with all
reserve requirements contained in the District of Columbia Home Rule Act
approved December 24, 1973 (87 Stat. 777; D.C. Official Code Sec. 1-
201.01 et seq.), as amended by this Act: Provided further, That the
Chief Financial Officer of the District of Columbia shall take such
steps as are necessary to assure that the District of Columbia meets
these requirements, including the apportioning by the Chief Financial
Officer of the appropriations and funds made available to the District
during fiscal year 2009, except that the Chief Financial Officer may not
reprogram for operating expenses any funds derived from bonds, notes, or
other obligations issued for capital projects.
This title may be cited as the ``District of Columbia
Appropriations Act, 2009''.
[[Page 656]]
123 STAT. 656
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.
Christopher Columbus Fellowship Foundation
SALARIES AND EXPENSES
For payment to the Christopher Columbus Fellowship Foundation,
established by section 423 of Public Law 102-281, $1,000,000, to remain
available until expended.
Commodity Futures Trading Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Commodity
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
passenger motor vehicles, and the rental of space (to include multiple
year leases) in the District of Columbia and elsewhere, $146,000,000,
including not to exceed $3,000 for official reception and representation
expenses: Provided, That $34,734,000 of the total amount appropriated
under this heading shall not be available for obligation until the
Commodity Futures Trading Commission submits an expenditure plan for
fiscal year 2009 to the Committees on Appropriations of the House of
Representatives and the Senate.
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, $105,404,000, of which
$6,000,000 shall remain available for obligation until September 30,
2011 for costs associated with the relocation of CPSC's laboratory to a
modern facility and the upgrade of laboratory equipment, and of which
$2,000,000 shall remain available for obligation until September 30,
2010 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).
[[Page 657]]
123 STAT. 657
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 $4,000,000 shall be transferred to the
National Institute of Standards and Technology for election reform
activities authorized under the Help America Vote Act of 2002: Provided,
That $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), $5,000,000
shall be for grants to carry out research on voting technology
improvements as authorized under part 3 of subtitle D of title II of
such Act, and $1,000,000, shall be to conduct a pilot program for grants
to States and units of local government for pre-election logic and
accuracy testing and post-election voting systems verification.
Federal Communications Commission
salaries and expenses
(including transfer of funds)
For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances therefor, as
authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official
reception and representation expenses; purchase and hire of motor
vehicles; special counsel fees; and services as authorized by 5 U.S.C.
3109, $341,875,000: Provided, That of the funds provided, not less than
$3,000,000 shall be available to establish and administer a State
Broadband Data and Development matching grants program for State-level
broadband demand aggregation activities and creation of geographic
inventory maps of broadband service to identify gaps in service and
provide a baseline assessment of statewide broadband deployment:
Provided further, That $341,875,000 of offsetting collections shall be
assessed and collected pursuant to section 9 of title I of the
Communications Act of 1934, shall be retained and used for necessary
expenses in this appropriation, and shall remain available until
expended: Provided further, That the sum herein appropriated shall be
reduced as such offsetting collections are received during fiscal year
2009 so as to result in a final fiscal year 2009 appropriation estimated
at $0: Provided further, That any offsetting collections received in
excess of $341,875,000 in fiscal year 2009 shall not be available for
obligation: Provided further, That remaining offsetting collections from
prior years collected in excess of the amount specified for collection
in each such year and otherwise becoming available
[[Page 658]]
123 STAT. 658
on October 1, 2008, shall not be available for obligation: Provided
further, That notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from the
use of a competitive bidding system that may be retained and made
available for obligation shall not exceed $85,000,000 for fiscal year
2009: Provided further, That, in addition, not to exceed $25,480,000 may
be transferred from the Universal Service Fund in fiscal year 2009 to
remain available until expended, to monitor the Universal Service Fund
program to prevent and remedy waste, fraud and abuse, and to conduct
audits and investigations by the Office of Inspector General.
Administrative Provisions--Federal Communications Commission
Sec. 501. Section 302 of the Universal Service Antideficiency
Temporary Suspension Act <> is amended by
striking ``December 31, 2008'', each place it appears and inserting
``December 31, 2009''.
Sec. 502. None of the funds appropriated by this Act may be used by
the Federal Communications Commission to modify, amend, or change its
rules or regulations for universal service support payments to implement
the February 27, 2004 recommendations of the Federal-State Joint Board
on Universal Service regarding single connection or primary line
restrictions on universal service support payments.
Federal Deposit Insurance Corporation
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$27,495,000, to be derived from the Deposit Insurance Fund 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, $63,618,000, of which not to exceed
$5,000 shall be available for reception and representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the Federal Labor
Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978,
and the Civil Service Reform Act of 1978, including services authorized
by 5 U.S.C. 3109, and including hire of experts and consultants, hire of
passenger motor vehicles, and rental of conference rooms in the District
of Columbia and elsewhere, $22,674,000: Provided, That public members of
the Federal Service Impasses Panel may be paid travel expenses and per
diem in lieu of subsistence as authorized by law (5 U.S.C. 5703) for
persons employed intermittently in the Government service, and
compensation as authorized by 5 U.S.C. 3109: Provided further, That
notwithstanding 31 U.S.C. 3302, funds received from fees charged to non-
[[Page 659]]
123 STAT. 659
Federal participants at labor-management relations conferences shall be
credited to and merged with this account, to be available without
further appropriation for the costs of carrying out these conferences.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and not to exceed $2,000 for official reception and
representation expenses, $259,200,000, to remain available until
expended: Provided, That not to exceed $300,000 shall be available for
use to contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718: Provided further, That,
notwithstanding any other provision of law, not to exceed $168,000,000
of offsetting collections derived from fees collected for premerger
notification filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection, shall
be retained and used for necessary expenses in this appropriation:
Provided further, That, notwithstanding any other provision of law, not
to exceed $21,000,000 in offsetting collections derived from fees
sufficient to implement and enforce the Telemarketing Sales Rule,
promulgated under the Telemarketing and Consumer Fraud and Abuse
Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to this
account, and be retained and used for necessary expenses in this
appropriation: Provided further, That the sum herein appropriated from
the general fund shall be reduced as such offsetting collections are
received during fiscal year 2009, so as to result in a final fiscal year
2009 appropriation from the general fund estimated at not more than
$70,200,000: 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, $651,198,000. To carry out the purposes of the Fund established
pursuant to section 592 of title 40, United States Code, the revenues
and collections deposited into the Fund shall be available for necessary
expenses of real property management and related activities not
otherwise provided for, including operation, maintenance, and protection
of federally owned and leased buildings; rental of buildings in the
District of Columbia; restoration of leased premises; moving
governmental agencies (including space adjustments and
telecommunications relocation expenses) in connection with the
assignment, allocation and transfer of space; contractual services
incident to cleaning or servicing buildings, and moving;
[[Page 660]]
123 STAT. 660
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 $8,427,771,000, of which: (1) $746,317,000 shall
remain available until expended for construction (including funds for
sites and expenses and associated design and construction services) of
additional projects at the following locations:
New Construction:
Alabama:
Tuscaloosa Federal Building, $25,000,000.
California:
San Diego, United States Courthouse Annex,
$110,362,000.
San Ysidro, Land Port of Entry, $58,910,000.
Colorado:
Lakewood, Denver Federal Center Remediation,
$10,472,000.
District of Columbia:
DHS Consolidation and development of St.
Elizabeths Campus, $331,390,000.
Federal Office Building 8, $15,000,000.
St. Elizabeths West Campus Infrastructure,
$8,249,000.
St. Elizabeths West Campus Site Acquisition,
$7,000,000.
Maryland:
Montgomery County, Food and Drug
Administration Consolidation, $163,530,000.
North Dakota:
Portal, Land Port of Entry, $15,204,000:
Provided, That each of the foregoing limits of costs on new construction
projects may be exceeded to the extent that savings are affected in
other such projects, but not to exceed 10 percent of the amounts
included in an approved prospectus, if required, unless advance approval
is obtained from the Committees on Appropriations of a greater
amount: <> Provided further, That all funds for
direct construction projects shall expire on September 30, 2010 and
remain in the Federal Buildings Fund except for funds for projects as to
which funds for design or other funds have been obligated in whole or in
part prior to such date: Provided further, That <> for fiscal year 2010 and thereafter, the annual budget
submission of the General Services Administration shall include a
detailed 5-year plan for Federal building construction projects with a
yearly update of total projected future funding needs: Provided further,
That for <> fiscal year 2010 and thereafter, the
annual budget submission of the General Services Administration shall,
in consultation with U.S. Customs and Border Protection, include a
detailed 5-year plan for Federal land port-of-entry projects with a
yearly update of total projected future funding needs; (2) $692,374,000
[[Page 661]]
123 STAT. 661
shall remain available until expended for repairs and alterations, which
includes associated design and construction services:
Repairs and Alterations:
District of Columbia:
Eisenhower Executive Office Building, CBR,
$14,700,000.
Eisenhower Executive Office Building, Phase
III, $51,075,000.
West Wing Infrastructure Systems Replacement,
$76,487,000.
Illinois:
Chicago, Dirksen Courthouse, $152,825,000.
North Carolina:
New Bern, United States Post Office and
Courthouse, $10,640,000.
Special Emphasis Programs:
Energy and Water Retrofit and Conservation
Measures, $36,647,000.
Basic Repairs and Alterations, $350,000,000:
Provided further, That <> funds made
available in this or any previous Act in the Federal Buildings Fund for
Repairs and Alterations shall, for prospectus projects, be limited to
the amount identified for each project, except each project in this or
any previous Act may be increased by an amount not to exceed 10 percent
unless advance approval is obtained from the Committees on
Appropriations of a greater amount: Provided further,
That <> additional projects for which
prospectuses have been fully approved may be funded under this category
only if advance approval is obtained from the Committees on
Appropriations: Provided further, That the amounts provided in this or
any prior Act for ``Repairs and Alterations'' may be used to fund costs
associated with implementing security improvements to buildings
necessary to meet the minimum standards for security in accordance with
current law and in compliance with the reprogramming guidelines of the
appropriate Committees of the House and Senate: Provided further, That
the difference between the funds appropriated and expended on any
projects in this or any prior Act, under the heading ``Repairs and
Alterations'', may be transferred to Basic Repairs and Alterations or
used to fund authorized increases in prospectus
projects: <> Provided further, That all funds
for repairs and alterations prospectus projects shall expire on
September 30, 2010 and remain in the Federal Buildings Fund except funds
for projects as to which funds for design or other funds have been
obligated in whole or in part prior to such date: Provided further, That
the amount provided in this or any prior Act for Basic Repairs and
Alterations may be used to pay claims against the Government arising
from any projects under the heading ``Repairs and Alterations'' or used
to fund authorized increases in prospectus projects; (3) $149,570,000
for installment acquisition payments including payments on purchase
contracts which shall remain available until expended; (4)
$4,642,156,000 for rental of space which shall remain available until
expended; and (5) $2,197,354,000 for building operations which shall
remain available until expended: Provided further, That funds available
to the General Services Administration shall not be available for
expenses of any construction, repair, alteration and acquisition project
for which a prospectus, if required by the Public Buildings Act of 1959,
has not been approved, except that necessary funds
[[Page 662]]
123 STAT. 662
may be expended for each project for required expenses for the
development of a proposed prospectus: Provided further, That funds
available in the Federal Buildings Fund may be expended for emergency
repairs when advance approval is obtained from the Committees on
Appropriations: Provided further, That amounts necessary to provide
reimbursable special services to other agencies under section 210(f)(6)
of the Federal Property and Administrative Services Act of 1949 (40
U.S.C. 592(b)(2)) and amounts to provide such reimbursable fencing,
lighting, guard booths, and other facilities on private or other
property not in Government ownership or control as may be appropriate to
enable the United States Secret Service to perform its protective
functions pursuant to 18 U.S.C. 3056, shall be available from such
revenues and collections: Provided further, That revenues and
collections and any other sums accruing to this Fund during fiscal year
2009, excluding reimbursements under section 210(f)(6) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 592(b)(2))
in excess of the aggregate new obligational authority authorized for
Real Property Activities of the Federal Buildings Fund in this Act shall
remain in the Fund and shall not be available for expenditure except as
authorized in appropriations Acts.
GENERAL ACTIVITIES
Government-wide Policy
For expenses authorized by law, not otherwise provided for, for
Government-wide policy and evaluation activities associated with the
management of real and personal property assets and certain
administrative services; Government-wide policy support responsibilities
relating to acquisition, telecommunications, information technology
management, and related technology activities; and services as
authorized by 5 U.S.C. 3109; $54,578,000.
operating expenses
For expenses authorized by law, not otherwise provided for, for
Government-wide activities associated with utilization and donation of
surplus personal property; disposal of real property; agency-wide policy
direction, management, and communications; Civilian Board of Contract
Appeals; services as authorized by 5 U.S.C. 3109; and not to exceed
$7,500 for official reception and representation expenses; $70,645,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General and
service authorized by 5 U.S.C. 3109, $54,000,000: Provided, That not to
exceed $15,000 shall be available for payment for information and
detection of fraud against the Government, including payment for
recovery of stolen Government property: Provided further, That not to
exceed $2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of efforts and
initiatives resulting in enhanced Office of Inspector General
effectiveness.
[[Page 663]]
123 STAT. 663
allowances and office staff for former presidents
(including transfer of funds)
For carrying out the provisions of the Act of August 25, 1958 (3
U.S.C. 102 note), and Public Law 95-138, $2,934,000: Provided, That the
Administrator of General Services shall transfer to the Secretary of the
Treasury such sums as may be necessary to carry out the provisions of
such Acts.
presidential transition expenses
For expenses necessary to carry out the Presidential Transition Act
of 1963, $8,520,000, of which not to exceed $1,000,000 is for activities
authorized by subsections 3(a)(8) and (9) of the Act.
federal citizen services fund
For necessary expenses of the Office of Citizen Services, including
services authorized by 5 U.S.C. 3109, $36,096,000, to be deposited into
the Federal Citizen Services Fund: Provided, That the appropriations,
revenues, and collections deposited into the Fund shall be available for
necessary expenses of Federal Citizen Services activities in the
aggregate amount not to exceed $50,000,000. Appropriations, revenues,
and collections accruing to this Fund during fiscal year 2009 in excess
of such amount shall remain in the Fund and shall not be available for
expenditure except as authorized in appropriations Acts.
administrative provisions--general services administration
(including transfers of funds)
Sec. 510. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 511. Funds in the Federal Buildings Fund made available for
fiscal year 2009 for Federal Buildings Fund activities may be
transferred between such activities only to the extent necessary to meet
program requirements: Provided, That <> any
proposed transfers shall be approved in advance by the Committees on
Appropriations.
Sec. 512. Except as otherwise provided in this title, funds made
available by this Act shall be used to transmit a fiscal year 2010
request for United States Courthouse construction only if the request:
(1) meets the design guide standards for construction as established and
approved by the General Services Administration, the Judicial Conference
of the United States, and the Office of Management and Budget; (2)
reflects the priorities of the Judicial Conference of the United States
as set out in its approved 5-year construction plan; and (3) includes a
standardized courtroom utilization study of each facility to be
constructed, replaced, or expanded.
Sec. 513. None of the funds provided in this Act may be used to
increase the amount of occupiable square feet, provide cleaning
services, security enhancements, or any other service usually provided
through the Federal Buildings Fund, to any agency that does not pay the
rate per square foot assessment for space and services as determined by
the General Services Administration
[[Page 664]]
123 STAT. 664
in compliance with the Public Buildings Amendments Act of 1972 (Public
Law 92-313).
Sec. 514. From funds made available under the heading ``Federal
Buildings Fund, Limitations on Availability of Revenue'', claims against
the Government of less than $250,000 arising from direct construction
projects and acquisition of buildings may be liquidated from savings
effected in other construction projects with prior notification to the
Committees on Appropriations.
Sec. 515. In <> any case
in which the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public Works of
the Senate adopt a resolution granting lease authority pursuant to a
prospectus transmitted to Congress by the Administrator of General
Services under section 3307 of title 40, United States Code, the
Administrator shall ensure that the delineated area of procurement is
identical to the delineated area included in the prospectus for all
lease agreements, except that, if the Administrator determines that the
delineated area of the procurement should not be identical to the
delineated area included in the prospectus, the Administrator shall
provide an explanatory statement to each of such committees and the
House and Senate Committees on Appropriations prior to exercising any
lease authority provided in the resolution.
Sec. 516. Subsections (a) and (b)(1) of section 323 of title 40,
United States Code, are each amended by striking ``Consumer Information
Center'' and inserting ``Federal Citizen Services''; and subsection (a)
is further amended by striking ``consumer''.
Sec. 517. 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.
Sec. 518. Working Capital Fund. (a) Purpose and Operation of
Working Capital Fund.--Subsections (a), (b) and (c) of section 3173 of
title 40, United States Code, are amended to read as follows:
``(a) Establishment and Purpose.--There is a working capital fund
for the necessary expenses of administrative support services including
accounting, budget, personnel, legal support and other related services;
and the maintenance and operation of printing and reproduction
facilities in support of the functions of the General Services
Administration, other Federal agencies, and other entities; and other
such administrative and management services that the Administrator of
GSA deems appropriate and advantageous (subject to prior notice to the
Office of Management and Budget).
``(b) Composition.--
``(1) In general.--Amounts received shall be credited to and
merged with the Fund, to remain available until expended, for
operating costs and capital outlays of the Fund: Provided, That
entities for which such services are performed shall be charged
at rates which will return in full all costs of providing such
services.
``(2) Cost and capital requirements.--The Administrator
shall determine the cost and capital requirements of the Fund
[[Page 665]]
123 STAT. 665
for each fiscal year and shall develop a plan concerning such
requirements in consultation with the Chief Financial Officer of
the General Services Administration. Any change to the cost and
capital requirements of the Fund for a fiscal year shall be
approved by the Administrator. The Administrator shall establish
rates to be charged to entities for which services are
performed, in accordance with the plan.
``(c) Deposit of Excess Amounts in the Treasury.--At the close of
each fiscal year, after making provision for anticipated operating needs
reflected in the cost and capital plan developed under subsection (b),
the uncommitted balance of any funds remaining in the Fund shall be
transferred to the general fund of the Treasury as miscellaneous
receipts.''.
(b) Transfer and Use of Amounts for Major Equipment Acquisitions.--
Section 3173 of title 40, United States Code, is amended to add
subsection (d), as follows:
``(d) Transfer and Use of Amounts for Major Equipment
Acquisitions.--
``(1) In general.--Subject to subparagraph (2), unobligated
balances of amounts appropriated or otherwise made available to
the General Services Administration for operating expenses and
salaries and expenses may be transferred and merged into the
`Major equipment acquisitions and development activity' of the
working capital fund of the General Services Administration for
agency-wide acquisition of capital equipment, automated data
processing systems and financial management and management
information systems: Provided, That acquisitions are limited to
those needed to implement the Chief Financial Officers Act of
1990 (Public Law 101-576, 104 Stat. 2838) and related laws or
regulations.
``(2) Requirements and Availability.--
``(A) Time for transfer.--Transfer of an amount
under this section must be done no later than the end of
the fifth fiscal year after the fiscal year for which
the amount is appropriated or otherwise made available.
``(B) Approval for use.--An amount transferred under
this section may be used only with the advance approval
of the Committees on Appropriations of the House of
Representatives and the Senate.
``(C) Availability.--An amount transferred under
this section remains available until expended.''
(c) Conforming and Clerical Amendments.--
(1) Section 312 of such title is repealed.
(2) The heading for section 3173 of such title is amended to
read as follows:
``Sec. 3173. Working capital fund for General Services Administration''.
Harry S Truman Scholarship Foundation
SALARIES AND EXPENSES
For payment <> to the Harry S Truman
Scholarship Foundation Trust Fund, established by section 10 of Public
Law 93-642, $500,000, to remain available until expended: Provided, That
hereafter, all requests of the Board of Trustees to the Secretary of the
Treasury provided for in this section shall be binding on the
[[Page 666]]
123 STAT. 666
Secretary, including requests for the issuance at par of special
obligations exclusively to the fund as provided for in section 10(b),
which the Secretary shall implement without regard to the determination
related to the public interest required by the last sentence of that
section.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit Systems
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978, and the Whistleblower Protection Act
of 1989 (5 U.S.C. 5509 note), including services as authorized by 5
U.S.C. 3109, rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, direct procurement of
survey printing, and not to exceed $2,000 for official reception and
representation expenses, $38,811,000 together with not to exceed
$2,579,000 for administrative expenses to adjudicate retirement appeals
to be transferred from the Civil Service Retirement and Disability Fund
in amounts determined by the Merit Systems Protection Board.
Morris K. Udall Scholarship and Excellence in National Environmental
Policy Foundation
morris k. udall scholarship and excellence in national environmental
policy trust fund
(including transfer of funds)
For payment to the Morris K. Udall Scholarship and Excellence in
National Environmental Policy Trust Fund, pursuant to the Morris K.
Udall Scholarship and Excellence in National Environmental and Native
American Public Policy Act of 1992 (20 U.S.C. 5601 et seq.), $3,750,000,
to remain available until expended, of which up to $50,000 shall be used
to conduct financial audits pursuant to the Accountability of Tax
Dollars Act of 2002 (Public Law 107-289) notwithstanding sections 8 and
9 of Public Law 102-259: Provided, That up to 60 percent of such funds
may be transferred by the Morris K. Udall Scholarship and Excellence in
National Environmental Policy Foundation for the necessary expenses of
the Native Nations Institute.
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to carry
out activities authorized in the Environmental Policy and Conflict
Resolution Act of 1998, $2,100,000, to remain available until expended.
[[Page 667]]
123 STAT. 667
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the administration of the
National Archives and Records Administration (including the Information
Security Oversight Office) and archived Federal records and related
activities, as provided by law, and for expenses necessary for the
review and declassification of documents and the activities of the
Public Interest Declassification Board, and for the hire of passenger
motor vehicles, and for uniforms or allowances therefor, as authorized
by law (5 U.S.C. 5901 et seq.), including maintenance, repairs, and
cleaning, $330,308,000, of which $650,000 shall remain available until
September 30, 2010.
electronic records archives
For necessary expenses in connection with the development of the
electronic records archives, to include all direct project costs
associated with research, analysis, design, development, and program
management, $67,008,000, of which $45,795,000 shall remain available
until September 30, 2011: <> Provided, That
none of the multi-year funds may be obligated until the National
Archives and Records Administration submits to the Committees on
Appropriations, and such Committees approve, a plan for expenditure
that: (1) meets the capital planning and investment control review
requirements established by the Office of Management and Budget,
including Circular A-11; (2) complies with the National Archives and
Records Administration's enterprise architecture; (3) conforms with the
National Archives and Records Administration's enterprise life cycle
methodology; (4) is approved by the National Archives and Records
Administration and the Office of Management and Budget; (5) has been
reviewed by the Government Accountability Office; and (6) complies with
the acquisition rules, requirements, guidelines, and systems acquisition
management practices of the Federal Government.
Repairs and Restoration
For the repair, alteration, and improvement of archives facilities,
and to provide adequate storage for holdings, $50,711,000, to remain
available until expended: Provided, That the Archivist is authorized to
construct an addition to the John F. Kennedy Presidential Library and
Museum; and of the funds provided, $22,000,000 shall be available for
construction costs and related services for building the addition to the
John F. Kennedy Presidential Library and Museum and other necessary
expenses, including renovating the Library as needed in constructing the
addition; $17,500,000 is for necessary expenses related to the repair
and renovation of the Franklin D. Roosevelt Presidential Library and
Museum in Hyde Park, New York; and $2,000,000 is for the repair and
restoration of the plaza that surrounds the Lyndon Baines Johnson
Presidential Library and Museum that is under the joint control and
custody of the University of Texas: Provided further, That such funds
shall remain available until expended for this purpose and may be
transferred directly to the University and used, together with
University funds, for the repair and restoration of the plaza: Provided
further, That such funds shall be spent
[[Page 668]]
123 STAT. 668
in accordance with the construction plan submitted to the Committees on
Appropriations on March 14, 2005: <> Provided
further, That the Archivist shall be prohibited from entering into any
agreement with the University or any other party that requires
additional funding commitments on behalf of the Federal Government for
this project: Provided further, That hereafter, no further Federal
funding shall be provided for this plaza project.
national historical publications and records commission
grants program
(including transfer of funds)
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, $11,250,000,
to remain available until expended: Provided, That of the funds provided
in this paragraph, $2,000,000 shall be transferred to the operating
expenses account of the National Archives and Records Administration for
operating expenses of the National Historical Publications and Records
Commission.
Administrative Provision--National Archives and Records Administration
Hereafter, the <>
National Archives and Records Administration shall include in its annual
budget submission a comprehensive capital needs assessment for funding
provided under the ``Repairs and Restoration'' appropriations account to
be updated yearly: Provided, That funds proposed under the ``Repairs and
Restoration'' appropriations account for each fiscal year shall be
allocated to projects on a priority basis established under a
comprehensive capital needs assessment.
National Credit Union Administration
Central Liquidity Facility
During fiscal year 2009, gross obligations of the Central Liquidity
Facility for the principal amount of new direct loans to member credit
unions, as authorized by 12 U.S.C. 1795 et seq., shall 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 2009 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 shall be
available until September 30, 2010 for technical assistance to low-
income designated credit unions.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office of
Government Ethics pursuant to the Ethics in Government Act of 1978, and
the Ethics Reform Act of 1989, including services
[[Page 669]]
123 STAT. 669
as authorized by 5 U.S.C. 3109, rental of conference rooms in the
District of Columbia and elsewhere, hire of passenger motor vehicles,
and not to exceed $1,500 for official reception and representation
expenses, $13,000,000.
Office of Personnel Management
Salaries and Expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office of
Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978
and the Civil Service Reform Act of 1978, including services as
authorized by 5 U.S.C. 3109; medical examinations performed for veterans
by private physicians on a fee basis; rental of conference rooms in the
District of Columbia and elsewhere; hire of passenger motor vehicles;
not to exceed $2,500 for official reception and representation expenses;
advances for reimbursements to applicable funds of the Office of
Personnel Management and the Federal Bureau of Investigation for
expenses incurred under Executive Order No. 10422 of January 9, 1953, as
amended; and payment of per diem and/or subsistence allowances to
employees where Voting Rights Act activities require an employee to
remain overnight at his or her post of duty, $92,829,000, of which
$5,851,000 shall remain available until expended for the Enterprise
Human Resources Integration project; $1,351,000 shall remain available
until expended for the Human Resources Line of Business project; and in
addition $118,082,000 for administrative expenses, to be transferred
from the appropriate trust funds of the Office of Personnel Management
without regard to other statutes, including direct procurement of
printed materials, for the retirement and insurance programs, of which
$15,200,000 shall remain available until expended for the cost of
automating the retirement recordkeeping systems: Provided, That the
provisions of this appropriation shall not affect the authority to use
applicable trust funds as provided by sections 8348(a)(1)(B), and
9004(f)(2)(A) of title 5, United States Code: Provided further, That no
part of this appropriation shall be available for salaries and expenses
of the Legal Examining Unit of the Office of Personnel Management
established pursuant to Executive Order No. 9358 of July 1, 1943, or any
successor unit of like purpose: Provided further, That the President's
Commission on White House Fellows, established by Executive Order No.
11183 of October 3, 1964, may, during fiscal year 2009, accept donations
of money, property, and personal services: Provided further, That such
donations, including those from prior years, may be used for the
development of publicity materials to provide information about the
White House Fellows, except that no such donations shall be accepted for
travel or reimbursement of travel expenses, or for the salaries of
employees of such Commission: Provided further, That within the funds
provided, the Office of Personnel Management shall carry out the
Intergovernmental Personnel Act Mobility Program, with special attention
to Federal agencies employing more than 2,000 nurses: Provided further,
That funding may be allocated to develop guidelines that provide Federal
agencies direction in using their authority under the Intergovernmental
Personnel Act Mobility Program, according to the directives outlined in
the accompanying report.
[[Page 670]]
123 STAT. 670
Office of Inspector General
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $1,828,000, and in addition, not to exceed $18,755,000
for administrative expenses to audit, investigate, and provide other
oversight of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate trust funds
of the Office of Personnel Management, as determined by the Inspector
General: Provided, That the Inspector General is authorized to rent
conference rooms in the District of Columbia and elsewhere.
Government Payment for Annuitants, Employees Health Benefits
For payment of Government contributions with respect to retired
employees, as authorized by chapter 89 of title 5, United States Code,
and the Retired Federal Employees Health Benefits Act (74 Stat. 849),
such sums as may be necessary.
Government Payment for Annuitants, Employee Life Insurance
For payment of Government contributions with respect to employees
retiring after December 31, 1989, as required by chapter 87 of title 5,
United States Code, such sums as may be necessary.
Payment to Civil Service Retirement and Disability Fund
For financing the unfunded liability of new and increased annuity
benefits becoming effective on or after October 20, 1969, as authorized
by 5 U.S.C. 8348, and annuities under special Acts to be credited to the
Civil Service Retirement and Disability Fund, such sums as may be
necessary: Provided, That <> annuities
authorized by the Act of May 29, 1944, and the Act of August 19, 1950
(33 U.S.C. 771-775), may hereafter be paid out of the Civil Service
Retirement and Disability Fund.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office of
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978 (Public Law 95-454), the Whistleblower
Protection Act of 1989 (Public Law 101-12), Public Law 107-304, and the
Uniformed Services Employment and Reemployment Rights Act of 1994
(Public Law 103-353), including services as authorized by 5 U.S.C. 3109,
payment of fees and expenses for witnesses, rental of conference rooms
in the District of Columbia and elsewhere, and hire of passenger motor
vehicles; $17,468,000.
[[Page 671]]
123 STAT. 671
Postal Regulatory Commission
salaries and expenses
(including transfer of funds)
For necessary expenses of the Postal Regulatory Commission in
carrying out the provisions of the Postal Accountability and Enhancement
Act (Public Law 109-435), $14,043,000, to be derived by transfer from
the Postal Service Fund and expended as authorized by section 603(a) of
such Act.
Privacy and Civil Liberties Oversight Board
salaries and expenses
For necessary expenses of the Privacy and Civil Liberties Oversight
Board, as authorized by section 1061 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), $1,500,000, to
remain available until September 30, 2010.
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, $943,000,000, to remain available until
expended; of which not to exceed $20,000 may be used toward funding a
permanent secretariat for the International Organization of Securities
Commissions; and of which not to exceed $130,000 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 $894,356,000 of such offsetting collections shall be
available until expended for necessary expenses of this account:
Provided further, That $48,644,000 shall be derived from prior year
unobligated balances from funds previously appropriated to the
Securities and Exchange Commission: Provided further, That the total
amount appropriated under this heading from the general fund for fiscal
year 2009 shall be reduced as such offsetting fees are received
[[Page 672]]
123 STAT. 672
so as to result in a final total fiscal year 2009 appropriation from the
general fund estimated at not more than $0.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System, including
expenses of attendance at meetings and of training for uniformed
personnel assigned to the Selective Service System, as authorized by 5
U.S.C. 4101-4118 for civilian employees; purchase of uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901-5902; hire of
passenger motor vehicles; services as authorized by 5 U.S.C. 3109; and
not to exceed $750 for official reception and representation expenses;
$22,000,000: Provided, That <>
during the current fiscal year, the President may exempt this
appropriation from the provisions of 31 U.S.C. 1341, whenever the
President deems such action to be necessary in the interest of national
defense: <> Provided further, That none of
the funds appropriated by this Act may be expended for or in connection
with the induction of any person into the Armed Forces of the United
States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the Small
Business Administration as authorized by Public Law 108-447, including
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344, and not to exceed $3,500 for official reception and representation
expenses, $386,896,000: Provided, That the Administrator is authorized
to charge fees to cover the cost of publications developed by the Small
Business Administration, and certain loan program activities, including
fees authorized by section 5(b) of the Small Business Act: Provided
further, That, notwithstanding 31 U.S.C. 3302, revenues received from
all such activities shall be credited to this account, to remain
available until expended, for carrying out these purposes without
further appropriations: Provided further, That $110,000,000 shall be
available to fund grants for performance in fiscal year 2009 or fiscal
year 2010 as authorized, of which $1,000,000 shall be for the Veterans
Assistance and Services Program authorized by section 21(n) of the Small
Business Act, as added by section 107 of Public Law 110-186, and of
which $1,000,000 shall be for the Small Business Energy Efficiency
Program authorized by section 1203(c) of Public Law 110-140: Provided
further, That $7,654,400 shall be available for the Loan Modernization
and Accounting System, to be available until September 30, 2010.
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,
$16,750,000.
[[Page 673]]
123 STAT. 673
surety bond guarantees revolving fund
For additional capital for the Surety Bond Guarantees Revolving
Fund, authorized by the Small Business Investment Act of 1958,
$2,000,000, to remain available until expended.
Business Loans Program Account
(including transfers of funds)
For the cost of direct loans, $2,500,000, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That subject to section 502 of the
Congressional Budget Act of 1974, during fiscal year 2009 commitments to
guarantee loans under section 503 of the Small Business Investment Act
of 1958 shall not exceed $7,500,000,000: Provided further, That during
fiscal year 2009 commitments for general business loans authorized under
section 7(a) of the Small Business Act shall not exceed $17,500,000,000:
Provided further, That during fiscal year 2009 commitments to
guarantee loans for debentures under section 303(b) of the Small
Business Investment Act of 1958, shall not exceed $3,000,000,000:
Provided further, That during fiscal year 2009, guarantees of trust
certificates authorized by section 5(g) of the Small Business Act shall
not exceed a principal amount of $12,000,000,000. In addition, for
administrative expenses to carry out the direct and guaranteed loan
programs, $138,480,000, which may be transferred to and merged with the
appropriations for Salaries and Expenses.
administrative provisions--small business administration
(including transfer of funds)
Sec. 520. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by more
than 10 percent by any such transfers: Provided, That any transfer
pursuant to this paragraph shall be treated as a reprogramming of funds
under section 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. 521. <> All
disaster loans issued in Alaska or North Dakota shall be administered by
the Small Business Administration and shall not be sold during fiscal
year 2009.
Sec. 522. None of the funds made available under this Act may be
used by the Small Business Administration to implement the rule relating
to women-owned small business Federal contract assistance procedures
published in the Federal Register on October 1, 2008 (73 Fed. Reg. 56940
et seq.).
Sec. 523. Of the amount made available under the heading ``State and
Tribal Assistance Grants'' under title II of division F of the
Consolidated Appropriations Act, 2008 (Public Law 110-161; 121 Stat.
2125) for the Mingo County Redevelopment Authority, $2,953,000 is
transferred to the ``Salaries and Expenses'' account of the Small
Business Administration. The amount transferred under this section shall
be for the Mingo County Redevelopment Authority and shall be available
for use under the terms
[[Page 674]]
123 STAT. 674
and conditions otherwise applicable to amounts appropriated for the
``Salaries and Expenses'' account of the Small Business Administration
and shall remain available until expended.
Sec. 524. Funds made available under section 534 of Public Law 110-
161 (121 Stat. 2125) for the Alabama Small Business Institute of
Commerce, Small Business Incubator, Rainbow City, Alabama shall be made
available to Alabama Small Business Institute of Commerce, Rainbow City,
Alabama.
Sec. 525. For an additional amount under the heading ``Small
Business Administration, Salaries and Expenses'', $65,653,678, to remain
available until September 30, 2010, shall be for initiatives related to
small business development and entrepreneurship, including programmatic
and construction activities, and in the amounts specified in the table
that appears under the heading ``Administrative Provisions-Small
Business Administration'' in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act).
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone on free
and reduced rate mail, pursuant to subsections (c) and (d) of section
2401 of title 39, United States Code, $111,831,000, of which $82,831,000
shall not be available for obligation until October 1,
2009: <> Provided, That mail for
overseas voting and mail for the blind shall continue to be free:
Provided further, That 6-day delivery and rural delivery of mail shall
continue at not less than the 1983 level: Provided further, That none of
the funds made available to the Postal Service by this Act shall be used
to implement any rule, regulation, or policy of charging any officer or
employee of any State or local child support enforcement agency, or any
individual participating in a State or local program of child support
enforcement, a fee for information requested or provided concerning an
address of a postal customer: Provided further, That none of the funds
provided in this Act shall be used to consolidate or close small rural
and other small post offices in fiscal year 2009.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$239,356,000, to be derived by transfer from the Postal Service Fund and
expended as authorized by section 603(b)(3) of the Postal Accountability
and Enhancement Act (Public Law 109-435).
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $48,463,000: Provided,
[[Page 675]]
123 STAT. 675
That travel expenses of the judges shall be paid upon the written
certificate of the judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
Sec. 601. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 602. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 603. The <> expenditure of any
appropriation under this Act for any consulting service through
procurement contract pursuant to section 3109 of title 5, United States
Code, shall be limited to those contracts where such expenditures are a
matter of public record and available for public inspection, except
where otherwise provided under existing law, or under existing Executive
order issued pursuant to existing law.
Sec. 604. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 605. None of the funds made available by this Act shall be
available for any activity or for paying the salary of any Government
employee where funding an activity or paying a salary to a Government
employee would result in a decision, determination, rule, regulation, or
policy that would prohibit the enforcement of section 307 of the Tariff
Act of 1930 (19 U.S.C. 1307).
Sec. 606. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with the Buy American Act (41 U.S.C.
10a-10c).
Sec. 607. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
Sec. 608. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2009, or provided from any
accounts in the Treasury derived by the collection of fees and available
to the agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that: (1) creates a new
program; (2) eliminates a program, project, or activity; (3) increases
funds or personnel for any program, project, or activity for which funds
have been denied or restricted by the Congress; (4) proposes to use
funds directed for a specific activity by either the House or Senate
Committees on Appropriations for a different purpose; (5) augments
existing programs, projects, or activities in excess of $5,000,000 or 10
percent, whichever is less; (6) reduces existing programs, projects, or
activities by $5,000,000 or 10 percent, whichever is less; or (7)
creates or
[[Page 676]]
123 STAT. 676
reorganizes offices, programs, or activities unless prior approval is
received from the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That prior to any significant
reorganization or restructuring of offices, programs, or activities,
each agency or entity funded in this Act shall consult with the
Committees on Appropriations of the House of Representatives and the
Senate: Provided further, That <> not later
than 60 days after the date of enactment of this Act, each agency funded
by this Act shall submit a report to the Committees on Appropriations of
the House of Representatives and the Senate to establish the baseline
for application of reprogramming and transfer authorities for the
current fiscal year: Provided further, That <> the
report shall include: (1) a table for each appropriation with a separate
column to display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if appropriate, and
the fiscal year enacted level; (2) a delineation in the table for each
appropriation both by object class and program, project, and activity as
detailed in the budget appendix for the respective appropriation; and
(3) an identification of items of special congressional
interest: <> Provided further, That the amount
appropriated or limited for salaries and expenses for an agency shall be
reduced by $100,000 per day for each day after the required date that
the report has not been submitted to the Congress.
Sec. 609. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the end
of fiscal year 2009 from appropriations made available for salaries and
expenses for fiscal year 2009 in this Act, shall remain available
through September 30, 2010, for each such account for the purposes
authorized: <> Provided, That a request
shall be submitted to the Committees on Appropriations of the House of
Representatives and the Senate for approval prior to the expenditure of
such funds: Provided further, That these requests shall be made in
compliance with reprogramming guidelines.
Sec. 610. None of the funds made available in this Act may be used
by the Executive Office of the President to request from the Federal
Bureau of Investigation any official background investigation report on
any individual, except when--
(1) such individual has given his or her express written
consent for such request not more than 6 months prior to the
date of such request and during the same presidential
administration; or
(2) such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under section
26 of the Office of Federal Procurement Policy Act (Public Law 93-400;
41 U.S.C. 422) shall not apply with respect to a contract under the
Federal Employees Health Benefits Program established under chapter 89
of title 5, United States Code.
Sec. 612. For the purpose of resolving litigation and implementing
any settlement agreements regarding the nonforeign area cost-of-living
allowance program, the Office of Personnel Management may accept and
utilize (without regard to any restriction on unanticipated travel
expenses imposed in an Appropriations Act) funds made available to the
Office of Personnel Management pursuant to court approval.
Sec. 613. No <> funds appropriated by this Act
shall be available to pay for an abortion, or the administrative
expenses in connection
[[Page 677]]
123 STAT. 677
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. Section 5112 of title 31, United States Code (as amended
by Public Law 110-161), is amended--
(1) by redesignating the second subsection (r) as subsection
(s), and
(2) by striking ``paragraph (4)'' each place it appears in
subsection (s)(5) (as redesignated by paragraph (1)) and
inserting ``paragraph (3)''.
Sec. 617. 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. 618. Life Insurance For Tax Court Judges Age 65 or Over. (a) In
General.--Section 7472 of title 26, United States Code, is amended by
inserting after the word ``imposed'' where it appears in the second
sentence the following phrase ``after April 24, 1999, that is
incurred''.
(b) Effective Date.--This <> amendment
shall take effect as if included in the amendment made by section 852 of
the Pension Protection Act of 2006.
Sec. 619. 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, 2008, including accrued interest, as a
result of the assessment of monetary penalties. Funds available for
obligation in fiscal year 2009 shall remain available until expended.
Sec. 620. Section 910(a) of the Trade Sanctions Reform and Export
Enhancement Act of 2000 (22 U.S.C. 7209(a)) is amended to read as
follows:
``(a) Authorization of Travel Relating to Commercial Sales of
Agricultural and Medical Goods.--The
Secretary <> of the Treasury shall promulgate
regulations under which the travel-related transactions listed in
paragraph (c) of section 515.560 of
[[Page 678]]
123 STAT. 678
title 31, Code of Federal Regulations, are authorized by general license
for travel to, from, or within Cuba for the marketing and sale of
agricultural and medical goods pursuant to the provisions of this
title.''.
Sec. 621. <> None of the funds made available in this
Act may be used to administer, implement, or enforce the amendments made
to section 515.560 and section 515.561 of title 31, Code of Federal
Regulations, related to travel to visit relatives in Cuba, that were
published in the Federal Register on June 16, 2004.
Sec. 622. None of the funds made available in this Act may be used
to administer, implement, or enforce the amendment made to section
515.533 of title 31, Code of Federal Regulations, that was published in
the Federal Register on February 25, 2005.
Sec. 623. Christopher Columbus Fellowship Authorization. The
Christopher Columbus Fellowship Act (20 U.S.C. 5701 et seq.) is
amended--
(1) in section 426(a) (20 U.S.C. 5705(a))--
(A) in paragraph (3), by striking ``and'' at the
end;
(B) by redesignating paragraph (4) as paragraph (5);
and
(C) by inserting after paragraph (3) the following:
``(4) amounts appropriated to the Foundation, as authorized
under section 430; and''; and
(2) by adding at the end the following new section:
``SEC. 430. <> AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Foundation, such
sums as may be necessary to carry out this subtitle.''.
Sec. 624. Notwithstanding <> any other
provision of law, for fiscal year 2009 and each fiscal year thereafter,
neither the Board of Governors of the Federal Reserve System nor the
Secretary of the Treasury may determine, by rule, regulation, order, or
otherwise, for purposes of section 4(k) of the Bank Holding Company Act
of 1956, or section 5136A of the Revised Statutes of the United States,
that real estate brokerage activity or real estate management activity
is an activity that is financial in nature, is incidental to any
financial activity, or is complementary to a financial activity. For
purposes <> of this section, ``real estate brokerage
activity'' shall mean ``real estate brokerage'', and ``real estate
management activity'' shall mean ``property management'', as those terms
were understood by the Board of Governors of the Federal Reserve System
prior to March 11, 2000.
Sec. 625. (a) Section 102(a)(3)(B) of the Help America Vote Act of
2002 (42 U.S.C. 15302(a)(3)(B)) is amended by striking ``March 1, 2008''
and inserting ``November 1, 2010''.
(b) The <> amendment made by subsection
(a) shall take effect as if included in the enactment of the Help
America Vote Act of 2002.
Sec. 626. <>
(a) Within 90 days after the date of enactment of this Act, the Federal
Trade Commission shall initiate a rulemaking proceeding with respect to
mortgage loans in accordance with section 553 of title 5, United States
Code. Any violation of a rule prescribed under this subsection shall be
treated as a violation of a rule under section 18 of the Federal Trade
Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or
practices.
(b)(1) Except as provided in paragraph (6), a State, as parens
patriae, may bring a civil action on behalf of its residents in an
[[Page 679]]
123 STAT. 679
appropriate State or district court of the United States to enforce the
provisions of section 128 of the Truth in Lending Act (15 U.S.C. 1638),
any other provision of the Truth in Lending Act, or any mortgage loan
rule promulgated by the Federal Trade Commission to obtain penalties and
relief provided under such Act or rule whenever the attorney general of
the State has reason to believe that the interests of the residents of
the State have been or are being threatened or adversely affected by a
violation of such Act or rule.
(2) The <> State shall serve written
notice to the Commission of any civil action under paragraph (1) at
least 60 days prior to initiating such civil action. The notice shall
include a copy of the complaint to be filed to initiate such civil
action, except that if it is not feasible for the State to provide such
prior notice, the State shall provide notice immediately upon
instituting such civil action.
(3) Upon receiving the notice required by paragraph (2), the
Commission may intervene in such civil action and upon intervening--
(A) be heard on all matters arising in such civil action;
(B) remove the action to the appropriate United States
district court; and
(C) file petitions for appeal of a decision in such civil
action.
(4) Nothing in this subsection shall prevent the attorney general of
a State from exercising the powers conferred on the attorney general by
the laws of such State to conduct investigations or to administer oaths
or affirmations or to compel the attendance of witnesses or the
production of documentary and other evidence. Nothing in this section
shall prohibit the attorney general of a State, or other authorized
State officer, from proceeding in State or Federal court on the basis of
an alleged violation of any civil or criminal statute of that State.
(5) In a civil action brought under paragraph (1)--
(A) the venue shall be a judicial district in which the
defendant is found, is an inhabitant, or transacts business or
wherever venue is proper under section 1391 of title 28, United
States Code; and
(B) process may be served without regard to the territorial
limits of the district or of the State in which the civil action
is instituted.
(6) Whenever a civil action or an administrative action has been
instituted by or on behalf of the Commission for violation of any
provision of law or rule described in paragraph (1), no State may,
during the pendency of such action instituted by or on behalf of the
Commission, institute a civil action under that paragraph against any
defendant named in the complaint in such action for violation of any law
or rule as alleged in such complaint.
(7) If the attorney general of a State prevails in any civil action
under paragraph (1), the State can recover reasonable costs and attorney
fees from the lender or related party.
(c) Section 129 of the Truth in Lending Act (15 U.S.C. 1639) is
amended by adding at the end the following:
``(m) Civil Penalties in Federal Trade Commission Enforcement
Actions.--For purposes of enforcement by the Federal Trade Commission,
any violation of a regulation issued by the Federal Reserve Board
pursuant to subsection (l)(2) of this
[[Page 680]]
123 STAT. 680
section shall be treated as a violation of a rule promulgated under
section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) regarding
unfair or deceptive acts or practices.''.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
Sec. 701. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 2009 shall obligate or expend any such funds, unless such
department, agency, or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to ensure that
all of its workplaces are free from the illegal use, possession, or
distribution of controlled substances (as defined in the Controlled
Substances Act (21 U.S.C. 802)) by the officers and employees of such
department, agency, or instrumentality.
Sec. 702. Unless <> otherwise
specifically provided, the maximum amount allowable during the current
fiscal year in accordance with section 16 of the Act of August 2, 1946
(60 Stat. 810), for the purchase of any passenger motor vehicle
(exclusive of buses, ambulances, law enforcement, and undercover
surveillance vehicles), is hereby fixed at $13,197 except station wagons
for which the maximum shall be $13,631: Provided, That these limits may
be exceeded by not to exceed $3,700 for police-type vehicles, and by not
to exceed $4,000 for special heavy-duty vehicles: Provided further, That
the limits set forth in this section may not be exceeded by more than 5
percent for electric or hybrid vehicles purchased for demonstration
under the provisions of the Electric and Hybrid Vehicle Research,
Development, and Demonstration Act of 1976: Provided further, That the
limits set forth in this section may be exceeded by the incremental cost
of clean alternative fuels vehicles acquired pursuant to Public Law 101-
549 over the cost of comparable conventionally fueled vehicles.
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel, or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances, in accordance with 5 U.S.C. 5922-5924.
Sec. 704. Unless <> otherwise specified
during the current fiscal year, no part of any appropriation contained
in this or any other Act shall be used to pay the compensation of any
officer or employee of the Government of the United States (including
any agency the majority of the stock of which is owned by the Government
of the United States) whose post of duty is in the continental United
States unless such person: (1) is a citizen of the United States; (2) is
a person in the service of the United States on the date of the
enactment of this Act who, being eligible for citizenship, has filed a
declaration of intention to become a citizen of the United States prior
to such date and is actually residing in the United States; (3) is a
person who owes allegiance to the United States; (4) is an alien from
Cuba, Poland, South Vietnam, the countries of the former Soviet Union,
or the Baltic countries lawfully admitted to the United States for
permanent residence;
[[Page 681]]
123 STAT. 681
(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
[[Page 682]]
123 STAT. 682
under this head, all the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the Act by which
they are made available: Provided, That in the event any functions
budgeted as administrative expenses are subsequently transferred to or
paid from other funds, the limitations on administrative expenses shall
be correspondingly reduced.
Sec. 708. No part of any appropriation contained in this or any
other Act shall be available for interagency financing of boards (except
Federal Executive Boards), commissions, councils, committees, or similar
groups (whether or not they are interagency entities) which do not have
a prior and specific statutory approval to receive financial support
from more than one agency or instrumentality.
Sec. 709. None of the funds made available pursuant to the
provisions of this Act shall be used to implement, administer, or
enforce any regulation which has been disapproved pursuant to a joint
resolution duly adopted in accordance with the applicable law of the
United States.
Sec. 710. (a) <> Notwithstanding any other
provision of law, and except as otherwise provided in this section, no
part of any of the funds appropriated for fiscal year 2009, by this or
any other Act, may be used to pay any prevailing rate employee described
in section 5342(a)(2)(A) of title 5, United States Code--
(1) during the period from the date of expiration of the
limitation imposed by the comparable section for previous fiscal
years until the normal effective date of the applicable wage
survey adjustment that is to take effect in fiscal year 2009, in
an amount that exceeds the rate payable for the applicable grade
and step of the applicable wage schedule in accordance with such
section; and
(2) during the period consisting of the remainder of fiscal
year 2009, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under paragraph (1) by more
than the sum of--
(A) the percentage adjustment taking effect in
fiscal year 2009 under section 5303 of title 5, United
States Code, in the rates of pay under the General
Schedule; and
(B) the difference between the overall average
percentage of the locality-based comparability payments
taking effect in fiscal year 2009 under section 5304 of
such title (whether by adjustment or otherwise), and the
overall average percentage of such payments which was
effective in the previous fiscal year under such
section.
(b) Notwithstanding any other provision of law, no prevailing rate
employee described in subparagraph (B) or (C) of section 5342(a)(2) of
title 5, United States Code, and no employee covered by section 5348 of
such title, may be paid during the periods for which subsection (a) is
in effect at a rate that exceeds the rates that would be payable under
subsection (a) were subsection (a) applicable to such employee.
(c) For <> the purposes of this section, the
rates payable to an employee who is covered by this section and who is
paid from a schedule not in existence on September 30, 2008, shall be
determined under regulations prescribed by the Office of Personnel
Management.
(d) Notwithstanding any other provision of law, rates of premium pay
for employees subject to this section may not be changed
[[Page 683]]
123 STAT. 683
from the rates in effect on September 30, 2008, except to the extent
determined by the Office of Personnel Management to be consistent with
the purpose of this section.
(e) This <> section shall apply with respect
to pay for service performed after September 30, 2008.
(f) For the purpose of administering any provision of law (including
any rule or regulation that provides premium pay, retirement, life
insurance, or any other employee benefit) that requires any deduction or
contribution, or that imposes any requirement or limitation on the basis
of a rate of salary or basic pay, the rate of salary or basic pay
payable after the application of this section shall be treated as the
rate of salary or basic pay.
(g) Nothing in this section shall be considered to permit or require
the payment to any employee covered by this section at a rate in excess
of the rate that would be payable were this section not in effect.
(h) The Office of Personnel Management may provide for exceptions to
the limitations imposed by this section if the Office determines that
such exceptions are necessary to ensure the recruitment or retention of
qualified employees.
Sec. 711. During <> the period in which the
head of any department or agency, or any other officer or civilian
employee of the Federal Government appointed by the President of the
United States, holds office, no funds may be obligated or expended in
excess of $5,000 to furnish or redecorate the office of such department
head, agency head, officer, or employee, or to purchase furniture or
make improvements for any such office, unless advance notice of such
furnishing or redecoration is transmitted to the Committees on
Appropriations of the House of Representatives and the
Senate. <> For the purposes of this section, the
term ``office'' shall include the entire suite of offices assigned to
the individual, as well as any other space used primarily by the
individual or the use of which is directly controlled by the individual.
Sec. 712. Notwithstanding section 1346 of title 31, United States
Code, or section 708 of this Act, funds made available for the current
fiscal year by this or any other Act shall be available for the
interagency funding of national security and emergency preparedness
telecommunications initiatives which benefit multiple Federal
departments, agencies, or entities, as provided by Executive Order No.
12472 (April 3, 1984).
Sec. 713. (a) None of the funds appropriated by this or any other
Act may be obligated or expended by any Federal department, agency, or
other instrumentality for the salaries or expenses of any employee
appointed to a position of a confidential or policy-determining
character excepted from the competitive service pursuant to section 3302
of title 5, United States Code, without a certification to the Office of
Personnel Management from the head of the Federal department, agency, or
other instrumentality employing the Schedule C appointee that the
Schedule C position was not created solely or primarily in order to
detail the employee to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed forces detailed to or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the National Geospatial-Intelligence Agency;
[[Page 684]]
123 STAT. 684
(5) the offices within the Department of Defense for the
collection of specialized national foreign intelligence through
reconnaissance programs;
(6) the Bureau of Intelligence and Research of the
Department of State;
(7) any agency, office, or unit of the Army, Navy, Air
Force, and Marine Corps, the Department of Homeland Security,
the Federal Bureau of Investigation and the Drug Enforcement
Administration of the Department of Justice, the Department of
Transportation, the Department of the Treasury, and the
Department of Energy performing intelligence functions; and
(8) the Director of National Intelligence or the Office of
the Director of National Intelligence.
Sec. 714. No part of any appropriation contained in this or any
other Act shall be available for the payment of the salary of any
officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or employee
or pertaining to the department or agency of such other officer
or employee in any way, irrespective of whether such
communication or contact is at the initiative of such other
officer or employee or in response to the request or inquiry of
such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of the
Federal Government, or attempts or threatens to commit any of
the foregoing actions with respect to such other officer or
employee, by reason of any communication or contact of such
other officer or employee with any Member, committee, or
subcommittee of the Congress as described in paragraph (1).
Sec. 715. (a) None of the funds made available in this or any other
Act may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
[[Page 685]]
123 STAT. 685
(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
[[Page 686]]
123 STAT. 686
Committees on Appropriations of the House of Representatives and the
Senate.
Sec. 720. No part of any appropriation contained in this or any
other Act shall be used directly or indirectly, including by private
contractor, for publicity or propaganda purposes within the United
States not heretofor authorized by the Congress.
Sec. 721. (a) <> In this section, the term
``agency''--
(1) means an Executive agency, as defined under section 105
of title 5, United States Code;
(2) includes a military department, as defined under section
102 of such title, the Postal Service, and the Postal Regulatory
Commission; and
(3) shall not include the Government Accountability Office.
(b) Unless authorized in accordance with law or regulations to use
such time for other purposes, an employee of an agency shall use
official time in an honest effort to perform official duties. An
employee not under a leave system, including a Presidential appointee
exempted under section 6301(2) of title 5, United States Code, has an
obligation to expend an honest effort and a reasonable proportion of
such employee's time in the performance of official duties.
Sec. 722. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act to any department or agency, which is a member of the Federal
Accounting Standards Advisory Board (FASAB), shall be available to
finance an appropriate share of FASAB administrative costs.
(transfer of funds)
Sec. 723. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, the head of each Executive department and agency is hereby
authorized to transfer to or reimburse ``General Services
Administration, Government-wide Policy'' with the approval of the
Director of the Office of Management and Budget, funds made available
for the current fiscal year by this or any other Act, including rebates
from charge card and other contracts: Provided, That these funds shall
be administered by the Administrator of General Services to support
Government-wide financial, information technology, procurement, and
other management innovations, initiatives, and activities, as approved
by the Director of the Office of Management and Budget, in consultation
with the appropriate interagency groups designated by the Director
(including the President's Management Council for overall management
improvement initiatives, the Chief Financial Officers Council for
financial management initiatives, the Chief Information Officers Council
for information technology initiatives, the Chief Human Capital Officers
Council for human capital initiatives, and the Chief Acquisition
Officers Council for procurement initiatives): Provided further, That
the total funds transferred or reimbursed shall not exceed
$17,000,000: <> Provided further, That such
transfers or reimbursements may only be made after 15 days following
notification of the Committees on Appropriations by the Director of the
Office of Management and Budget.
Sec. 724. Notwithstanding <> any other
provision of law, a woman may breastfeed her child at any location in a
Federal building or on Federal property, if the woman and her child are
otherwise authorized to be present at the location.
[[Page 687]]
123 STAT. 687
Sec. 725. Notwithstanding section 1346 of title 31, United States
Code, or section 708 of this Act, funds made available for the current
fiscal year by this or any other Act shall be available for the
interagency funding of specific projects, workshops, studies, and
similar efforts to carry out the purposes of the National Science and
Technology Council (authorized by Executive Order No. 12881), which
benefit multiple Federal departments, agencies, or entities: Provided,
That <> the Office of Management and Budget
shall provide a report describing the budget of and resources connected
with the National Science and Technology Council to the Committees on
Appropriations, the House Committee on Science and Technology, and the
Senate Committee on Commerce, Science, and Transportation 90 days after
enactment of this Act.
Sec. 726. Any request for proposals, solicitation, grant
application, form, notification, press release, or other publications
involving the distribution of Federal funds shall indicate the agency
providing the funds, the Catalog of Federal Domestic Assistance Number,
as applicable, and the amount provided: <>
Provided, That this provision shall apply to direct payments, formula
funds, and grants received by a State receiving Federal funds.
Sec. 727. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available in this or
any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally
identifiable information relating to an individual's access to
or use of any Federal Government Internet site of the agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to an
individual's access to or use of any nongovernmental Internet
site.
(b) Exceptions.--The limitations established in subsection (a) shall
not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet site
and is necessarily incident to providing the Internet site
services or to protecting the rights or property of the provider
of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety and
soundness, overall financial condition, management practices and
policies and compliance with applicable standards as provided in
law.
Sec. 728. (a) <> None of the funds
appropriated by this Act may be used to enter into or renew a contract
which includes a provision
[[Page 688]]
123 STAT. 688
providing prescription drug coverage, except where the contract also
includes a provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the plan
objects to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into or
renews a contract under this section may not subject any individual to
discrimination on the basis that the individual refuses to prescribe or
otherwise provide for contraceptives because such activities would be
contrary to the individual's religious beliefs or moral convictions.
(d) Nothing <> in this section shall be construed
to require coverage of abortion or abortion-related services.
Sec. 729. The <> Congress of
the United States recognizes the United States Anti-Doping Agency
(USADA) as the official anti-doping agency for Olympic, Pan American,
and Paralympic sport in the United States.
Sec. 730. Notwithstanding any other provision of law, funds
appropriated for official travel by Federal departments and agencies may
be used by such departments and agencies, if consistent with Office of
Management and Budget Circular A-126 regarding official travel for
Government personnel, to participate in the fractional aircraft
ownership pilot program.
Sec. 731. Notwithstanding any other provision of law, none of the
funds appropriated or made available under this Act or any other
appropriations Act may be used to implement or enforce restrictions or
limitations on the Coast Guard Congressional Fellowship Program, or to
implement the proposed regulations of the Office of Personnel Management
to add sections 300.311 through 300.316 to part 300 of title 5 of the
Code of Federal Regulations, published in the Federal Register, volume
68, number 174, on September 9, 2003 (relating to the detail of
executive branch employees to the legislative branch).
Sec. 732. Notwithstanding any other provision of law, no executive
branch agency shall purchase, construct, and/or lease any additional
facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without the advance approval of the Committees on Appropriations, except
that the Federal Law Enforcement Training Center is authorized to obtain
the temporary use of additional facilities by lease, contract, or other
agreement for training which cannot be accommodated in existing Center
facilities.
Sec. 733. (a) <> For fiscal year 2009, no funds
shall be available for transfers or reimbursements to the E-Government
initiatives sponsored by the Office of Management and Budget prior to 15
days following submission of a report to the Committees on
Appropriations by the Director of the Office of Management and Budget
and receipt of approval to transfer funds by the Committees on
Appropriations of the House of Representatives and the Senate.
(b) The <> report in (a) and other
required justification materials shall include at a minimum--
(1) a description of each initiative including but not
limited to its objectives, benefits, development status, risks,
cost effectiveness (including estimated net costs or savings to
the
[[Page 689]]
123 STAT. 689
government), and the estimated date of full operational
capability;
(2) the total development cost of each initiative by fiscal
year including costs to date, the estimated costs to complete
its development to full operational capability, and estimated
annual operations and maintenance costs; and
(3) the sources and distribution of funding by fiscal year
and by agency and bureau for each initiative including agency
contributions to date and estimated future contributions by
agency.
(c) No funds shall be available for obligation or expenditure for
new E-Government initiatives without the explicit approval of the
Committees on Appropriations of the House of Representatives and the
Senate.
Sec. 734. Notwithstanding section 1346 of title 31, United States
Code, and section 708 of this Act and any other provision of law, the
head of each appropriate executive department and agency shall transfer
to or reimburse the Federal Aviation Administration, upon the direction
of the Director of the Office of Management and Budget, funds made
available by this or any other Act for the purposes described below, and
shall submit budget requests for such purposes. These funds shall be
administered by the Federal Aviation Administration, in consultation
with the appropriate interagency groups designated by the Director and
shall be used to ensure the uninterrupted, continuous operation of the
Midway Atoll Airfield by the Federal Aviation Administration pursuant to
an operational agreement with the Department of the Interior for the
entirety of fiscal year 2009 and any period thereafter that precedes the
enactment of the Financial Services and General Government
Appropriations Act, 2010. The Director of the Office of Management and
Budget shall mandate the necessary transfers after determining an
equitable allocation between the appropriate executive departments and
agencies of the responsibility for funding the continuous operation of
the Midway Atoll Airfield based on, but not limited to, potential use,
interest in maintaining aviation safety, and applicability to
governmental operations and agency mission. The total funds transferred
or reimbursed shall not exceed $6,000,000 for any 12-month period. Such
sums shall be sufficient to ensure continued operation of the airfield
throughout the period cited above. Funds shall be available for
operation of the airfield or airfield-related capital
upgrades. <> The Director of the Office
of Management and Budget shall notify the Committees on Appropriations
of such transfers or reimbursements within 15 days of this
Act. <> Such transfers or reimbursements shall
begin within 30 days of enactment of this Act.
Sec. 735. Section 739(a)(1) of division D of the Consolidated
Appropriations Act, 2008 <> (Public Law 110-
161; 121 Stat. 2029) is amended by striking ``more than 10''.
Sec. 736. Section 739 of division D of the Consolidated
Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 2030) is amended
by striking subsection (b) and inserting the following:
``(b) Guidelines on Insourcing New and Contracted Out Functions.--
``(1) Guidelines required.--(A) The <>
heads of executive agencies subject to the Federal Activities
Inventory Reform Act of 1998 (Public Law 105-270; 31 U.S.C. 501
note) shall devise and implement guidelines and procedures to
ensure that
[[Page 690]]
123 STAT. 690
consideration is given to using, on a regular basis, Federal
employees to perform new functions and functions that are
performed by contractors and could be performed by Federal
employees.
``(B) The guidelines and procedures required under
subparagraph (A) may not include any specific limitation or
restriction on the number of functions or activities that may be
converted to performance by Federal employees.
``(2) Special consideration for certain functions.--The
guidelines and procedures required under paragraph (1) shall
provide for special consideration to be given to using Federal
employees to perform any function that--
``(A) is performed by a contractor and--
``(i) has been performed by Federal employees
at any time during the previous 10 years;
``(ii) is a function closely associated with
the performance of an inherently governmental
function;
``(iii) has been performed pursuant to a
contract awarded on a non-competitive basis; or
``(iv) has been performed poorly, as
determined by a contracting officer during the 5-
year period preceding the date of such
determination, because of excessive costs or
inferior quality; or
``(B) is a new requirement, with particular emphasis
given to a new requirement that is similar to a function
previously performed by Federal employees or is a
function closely associated with the performance of an
inherently governmental function.
``(3) Exclusion of certain functions from competitions.--The
head of an executive agency may not conduct a public-private
competition under Office of Management and Budget Circular A-76
or any other provision of law or regulation before--
``(A) in the case of a new agency function,
assigning the performance of the function to Federal
employees;
``(B) in the case of any agency function described
in paragraph (2), converting the function to performance
by Federal employees; or
``(C) in the case of an agency function performed by
Federal employees, expanding the scope of the function.
``(4) Deadline.--(A) The head of each executive agency shall
implement the guidelines and procedures required under this
subsection by not later than 120 days after the date of the
enactment of this subsection.
``(B) Not <> later than 210 days after the
date of the enactment of this subsection, the Government
Accountability Office shall submit a report on the
implementation of this subsection to the Committees on
Appropriations of the House of Representatives and the Senate,
the Committee on Oversight and Government Reform of the House of
Representatives, and the Committee on Homeland Security and
Governmental Affairs of the Senate.
``(5) Definitions.--In this subsection:
``(A) The term `inherently governmental functions'
has the meaning given such term in subpart 7.5 of part 7
of the Federal Acquisition Regulation.
[[Page 691]]
123 STAT. 691
``(B) The term `functions closely associated with
inherently governmental functions' means the functions
described in section 7.503(d) of the Federal Acquisition
Regulation.
``(6) Applicability.--This subsection shall not apply to the
Department of Defense.''.
Sec. 737. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or announce a
study or public-private competition regarding the conversion to
contractor performance of any function performed by Federal employees
pursuant to Office of Management and Budget Circular A-76 or any other
administrative regulation, directive, or policy.
Sec. 738. (a) Section 142(a) of division A of the Consolidated
Security, Disaster Assistance, and Continuing Appropriations Act, 2009
(Public Law 110-329; 122 Stat. 3580) <> is
amended by striking ``Security.'' and inserting ``Security and shall
apply to civilian employees in the Department of Defense who are
represented by a labor organization as defined in section 7103(a)(4) of
title 5, United States Code.''.
(b) The <> amendment made by subsection (a)
shall take effect as if included in the enactment of the Consolidated
Security, Disaster Assistance, and Continuing Appropriations Act, 2009.
Sec. 739. Unless <> otherwise authorized by
existing law, none of the funds provided in this Act or any other Act
may be used by an executive branch agency to produce any prepackaged
news story intended for broadcast or distribution in the United States,
unless the story includes a clear notification within the text or audio
of the prepackaged news story that the prepackaged news story was
prepared or funded by that executive branch agency.
Sec. 740. None of the funds made available in this Act may be used
in contravention of section 552a of title 5, United States Code
(popularly known as the Privacy Act) and regulations implementing that
section.
Sec. 741. Each <> executive department and
agency shall evaluate the creditworthiness of an individual before
issuing the individual a government travel charge card. Such evaluations
for individually-billed travel charge cards shall include an assessment
of the individual's consumer report from a consumer reporting agency as
those terms are defined in section 603 of the Fair Credit Reporting Act
(Public Law 91-508): Provided, That the department or agency may not
issue a government travel charge card to an individual that either lacks
a credit history or is found to have an unsatisfactory credit history as
a result of this evaluation: Provided further, That this restriction
shall not preclude issuance of a restricted-use charge, debit, or stored
value card made in accordance with agency procedures to: (1) an
individual with an unsatisfactory credit history where such card is used
to pay travel expenses and the agency determines there is no suitable
alternative payment mechanism available before issuing the card; or (2)
an individual who lacks a credit
history. <> Each executive department
and agency shall establish guidelines and procedures for disciplinary
actions to be taken against agency personnel for improper, fraudulent,
or abusive use of government charge cards, which shall include
appropriate disciplinary actions for use of charge cards for purposes,
and at establishments, that are inconsistent with the official business
of the Department or agency or with applicable standards of conduct.
[[Page 692]]
123 STAT. 692
Sec. 742. Crosscut Budget. (a) Definitions.--For purposes of this
section the following definitions apply:
(1) Great lakes.--The terms ``Great Lakes'' and ``Great
Lakes State'' have the same meanings as such terms have in
section 506 of the Water Resources Development Act of 2000 (42
U.S.C. 1962d-22).
(2) Great lakes restoration activities.--The term ``Great
Lakes restoration activities'' means any Federal or State
activity primarily or entirely within the Great Lakes watershed
that seeks to improve the overall health of the Great Lakes
ecosystem.
(b) Report.--Not later <> than 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. 743. (a) In General.--None of the funds appropriated or
otherwise made available by this or any other Act may be used for any
Federal Government contract with any foreign incorporated entity which
is treated as an inverted domestic corporation under section 835(b) of
the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any subsidiary of
such an entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive subsection (a)
with respect to any Federal Government contract under the
authority of such Secretary if the Secretary determines that the
waiver is required in the interest of national security.
(2) Report to congress.--Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the enactment of
this Act, or to any task order issued pursuant to such contract.
[[Page 693]]
123 STAT. 693
Sec. 744. (a) <> Each executive
department and agency shall establish and maintain on the homepage of
its website, an obvious, direct link to the website of its respective
Inspector General.
(b) Each <> Office of Inspector General shall:
(1) post on its website any public report or audit or portion of any
report or audit issued within one day of its release; (2) provide a
service on its website to allow an individual to request automatic
receipt of information relating to any public report or audit or portion
of that report or audit and which permits electronic transmittal of the
information, or notice of the availability of the information without
further request; and (3) establish and maintain a direct link on its
website for individuals to anonymously report waste, fraud and abuse.
Sec. 745. None of the funds made available by this or any other Act
may be used to implement, administer, enforce, or apply the rule
entitled ``Competitive Area'' published by the Office of Personnel
Management in the Federal Register on April 15, 2008 (73 Fed. Reg. 20180
et seq.).
Sec. 746. None of the funds made available by this or any other Act
may be used to implement, administer, or enforce section 5(b) of
Executive Order 13422 (72 Fed. Reg. 2763; relating to Regulatory Policy
Officer).
Sec. 747. <> No later than 120 days after
enactment of this Act, the Office of Management and Budget shall submit
a status report on the pilot program, established under section 748 of
division D of Public Law 110-161, to develop and implement an inventory
to track the cost and size (in contractor manpower equivalents) of
service contracts, particularly with respect to contracts that have been
performed poorly by a contractor because of excessive costs or inferior
quality, as determined by a contracting officer within the last 5 years,
involve inherently governmental functions, or were undertaken without
competition.
Sec. 748. Executive <> Order 13423 (72
Fed. Reg. 3919; Jan. 24, 2007) shall remain in effect hereafter except
as otherwise provided by law after the date of the enactment of this
Act.
Sec. 749. <> Effective
January 20, 2009, and for each fiscal year thereafter, no part of any
appropriation contained in this or any other Act may be used for the
payment of services to any individual carrying out the responsibilities
of any position requiring Senate advice and consent in an acting or
temporary capacity after the second submission of a nomination for that
individual to that position has been withdrawn or returned to the
President.
Sec. 750. Except <> as expressly provided
otherwise, any reference to ``this Act'' contained in any title other
than title IV or VIII shall not apply to such title IV or VIII.
Sec. 751. Nonreduction in Pay While Federal Employee is Performing
Active Service in the Uniformed Services or National Guard. (a) In
General.--Subchapter IV of chapter 55 of title 5, United States Code, is
amended by adding at the end the following:
``Sec. 5538. Nonreduction in pay while serving in the uniformed services
or National Guard
``(a) An employee who is absent from a position of employment with
the Federal Government in order to perform active duty in the uniformed
services pursuant to a call or order to active duty under a provision of
law referred to in section 101(a)(13)(B) of title 10 shall be entitled,
while serving on active duty, to receive,
[[Page 694]]
123 STAT. 694
for each pay period described in subsection (b), an amount equal to the
amount by which--
``(1) the amount of basic pay which would otherwise have
been payable to such employee for such pay period if such
employee's civilian employment with the Government had not been
interrupted by that service, exceeds (if at all)
``(2) the amount of pay and allowances which (as determined
under subsection (d))--
``(A) is payable to such employee for that service;
and
``(B) is allocable to such pay period.
``(b)(1) Amounts under this section shall be payable with respect to
each pay period (which would otherwise apply if the employee's civilian
employment had not been interrupted)--
``(A) during which such employee is entitled to reemployment
rights under chapter 43 of title 38 with respect to the position
from which such employee is absent (as referred to in subsection
(a)); and
``(B) for which such employee does not otherwise receive
basic pay (including by taking any annual, military, or other
paid leave) to which such employee is entitled by virtue of such
employee's civilian employment with the Government.
``(2) For purposes of this section, the period during which an
employee is entitled to reemployment rights under chapter 43 of title
38--
``(A) shall be determined disregarding the provisions of
section 4312(d) of title 38; and
``(B) shall include any period of time specified in section
4312(e) of title 38 within which an employee may report or apply
for employment or reemployment following completion of service
on active duty to which called or ordered as described in
subsection (a).
``(c) Any amount payable under this section to an employee shall be
paid--
``(1) by such employee's employing agency;
``(2) from the appropriation or fund which would be used to
pay the employee if such employee were in a pay status; and
``(3) to the extent practicable, at the same time and in the
same manner as would basic pay if such employee's civilian
employment had not been interrupted.
``(d) The <> Office of Personnel Management
shall, in consultation with Secretary of Defense, prescribe any
regulations necessary to carry out the preceding provisions of this
section.
``(e)(1) The <> head of each agency referred to
in section 2302(a)(2)(C)(ii) shall, in consultation with the Office,
prescribe procedures to ensure that the rights under this section apply
to the employees of such agency.
``(2) The Administrator of the Federal Aviation Administration
shall, in consultation with the Office, prescribe procedures to ensure
that the rights under this section apply to the employees of that
agency.
``(f) For <> purposes of this section--
``(1) the terms `employee', `Federal Government', and
`uniformed services' have the same respective meanings as given
those terms in section 4303 of title 38;
``(2) the term `employing agency', as used with respect to
an employee entitled to any payments under this section,
[[Page 695]]
123 STAT. 695
means the agency or other entity of the Government (including an
agency referred to in section 2302(a)(2)(C)(ii)) with respect to
which such employee has reemployment rights under chapter 43 of
title 38; and
``(3) the term `basic pay' includes any amount payable under
section 5304.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 55 of title 5, United States Code, is amended by inserting after
the item relating to section 5537 the following:
``5538. Nonreduction in pay while serving in the uniformed services or
National Guard.''.
(c) Effective Date.--The <> amendments made
by this section shall apply with respect to pay periods (as described in
section 5538(b) of title 5, United States Code, as amended by this
section) beginning on or after the date of enactment of this Act.
Sec. 752. <> Not later than 120 days
after enactment of this Act, each executive department and agency shall
submit to the Director of the Office of Management and Budget a report
stating the total size of its workforce, differentiated by number of
civilian, military, and contract workers as of December 31,
2008. <