U.S. Congress - Text of S.3260 as Placed on Calendar Senate Judiciary Appropriations Act, 2009
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An original bill making appropriations for financial services and general government for the fiscal year ending September 30, 2009, and for other purposes.
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S 3260 PCSCommentsClose CommentsPermalink
Calendar No. 877CommentsClose CommentsPermalink
110th CONGRESSCommentsClose CommentsPermalink
2d SessionCommentsClose CommentsPermalink
S. 3260CommentsClose CommentsPermalink
[Report No. 110-417]CommentsClose CommentsPermalink
Making appropriations for financial services and general government for the fiscal year ending September 30, 2009, and for other purposes.CommentsClose CommentsPermalink
IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink
July 14, 2008CommentsClose CommentsPermalink
Mr. DURBIN, from the Committee on Appropriations, reported the following original bill; which was read twice and placed on the calendarCommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
Making appropriations for financial services and general government for the fiscal year ending September 30, 2009, and for other purposes.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2009, and for other purposes, namely:CommentsClose CommentsPermalink
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Departmental Offices including operation and maintenance of the Treasury Building and Annex; hire of passenger motor vehicles; maintenance, repairs, and improvements of, and purchase of commercial insurance policies for, real properties leased or owned overseas, when necessary for the performance of official business, $273,895,000, of which not to exceed $11,097,000 is for executive direction program activities; not to exceed $10,495,000 is for general counsel program activities; not to exceed $45,853,000 is for economic policies and programs activities; not to exceed $34,735,000 is for financial policies and programs activities; not to exceed $61,712,000 is for terrorism and financial intelligence activities; not to exceed $19,009,000 is for Treasury-wide management policies and programs activities; and not to exceed $90,994,000 is for administration programs activities: Provided, That the Secretary of the Treasury is authorized to transfer funds appropriated for any program activity of the Departmental Offices to any other program activity of the Departmental Offices upon notification to the House and Senate Committees on Appropriations: Provided further, That no appropriation for any program activity shall be increased or decreased by more than 5 percent by all such transfers: Provided further, That any change in funding greater than 5 percent shall be submitted for approval to the House and Senate Committees on Appropriations: Provided further, That of the amount appropriated under this heading, not to exceed $3,000,000, to remain available until September 30, 2010, is for information technology modernization requirements; not to exceed $200,000 is for official reception and representation expenses; and not to exceed $258,000 is for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of the Secretary of the Treasury and to be accounted for solely on his certificate: Provided further, That of the amount appropriated under this heading, $5,232,443, to remain available until September 30, 2010, is for the Treasury-wide Financial Statement Audit and Internal Control Program, of which such amounts as may be necessary may be transferred to accounts of the Department’s offices and bureaus to conduct audits: Provided further, That this transfer authority shall be in addition to any other provided in this Act: Provided further, That of the amount appropriated under this heading, $500,000, to remain available until September 30, 2010, is for secure space requirements: Provided further, That of the amount appropriated under this heading, $1,100,000, to remain available until September 30, 2010, is for salary and benefits for hiring of personnel whose work will require completion of a security clearance investigation in order to perform highly classified work to further the activities of the Office of Terrorism and Financial Intelligence: Provided further, That of the amount appropriated under this heading, $3,400,000, to remain available until September 30, 2011, is to develop and implement programs within the Office of Critical Infrastructure Protection and Compliance Policy, including entering into cooperative agreements: Provided further, That of the amount appropriated under this heading, $3,000,000, to remain available until September 30, 2011, is for modernizing the Office of Debt Management’s information technology.CommentsClose CommentsPermalink
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’.CommentsClose CommentsPermalink
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, not to exceed $2,000,000 for official travel expenses, including hire of passenger motor vehicles; and not to exceed $100,000 for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of the Inspector General of the Treasury, $19,356,000, of which not to exceed $2,500 shall be available for official reception and representation expenses.CommentsClose CommentsPermalink
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 (
Financial Crimes Enforcement Network
SALARIES AND EXPENSES
For necessary expenses of the Financial Crimes Enforcement Network, including hire of passenger motor vehicles; travel and training expenses of non-Federal and foreign government personnel to attend meetings and training concerned with domestic and foreign financial intelligence activities, law enforcement, and financial regulation; not to exceed $14,000 for official reception and representation expenses; and for assistance to Federal law enforcement agencies, with or without reimbursement, $91,335,000, of which not to exceed $16,340,000 shall remain available until September 30, 2011; and of which $9,178,000 shall remain available until September 30, 2010: Provided, That funds appropriated in this account may be used to procure personal services contracts.CommentsClose CommentsPermalink
Financial Management Service
SALARIES AND EXPENSES
For necessary expenses of the Financial Management Service, $239,344,000, of which not to exceed $9,220,000 shall remain available until September 30, 2011, for information systems modernization initiatives; and of which not to exceed $2,500 shall be available for official reception and representation expenses.CommentsClose CommentsPermalink
Alcohol and Tobacco Tax and Trade Bureau
SALARIES AND EXPENSES
For necessary expenses of carrying out section 1111 of the Homeland Security Act of 2002, including hire of passenger motor vehicles, $98,900,000; of which not to exceed $6,000 for official reception and representation expenses; not to exceed $50,000 for cooperative research and development programs for laboratory services; and provision of laboratory assistance to State and local agencies with or without reimbursement: Provided, That of the amount appropriated under this heading, $2,000,000, to remain available until September 30, 2010, is for information technology management.CommentsClose CommentsPermalink
United States Mint
UNITED STATES MINT PUBLIC ENTERPRISE FUND
Pursuant to
Bureau of the Public Debt
ADMINISTERING THE PUBLIC DEBT
For necessary expenses connected with any public-debt issues of the United States, $187,054,000, of which not to exceed $2,500 shall be available for official reception and representation expenses, and of which not to exceed $2,000,000 shall remain available until September 30, 2011, for systems modernization: Provided, That the sum appropriated herein from the general fund for fiscal year 2009 shall be reduced by not more than $10,000,000 as definitive security issue fees and Legacy Treasury Direct Investor Account Maintenance fees are collected, so as to result in a final fiscal year 2009 appropriation from the general fund estimated at $177,054,000. In addition, $90,000 to be derived from the Oil Spill Liability Trust Fund to reimburse the Bureau for administrative and personnel expenses for financial management of the Fund, as authorized by section 1012 of
Community Development Financial Institutions Fund Program Account
To carry out the Community Development Banking and Financial Institutions Act of 1994 (
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
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 (
OPERATIONS SUPPORT
For necessary expenses of the Internal Revenue Service to operate and support taxpayer services and enforcement programs, including rent payments; facilities services; printing; postage; physical security; headquarters and other IRS-wide administration activities; research and statistics of income; telecommunications; information technology development, enhancement, operations, maintenance, and security; the hire of passenger motor vehicles (
BUSINESS SYSTEMS MODERNIZATION
For necessary expenses of the Internal Revenue Service’s business systems modernization program, $282,175,000, to remain available until September 30, 2011, for the capital asset acquisition of information technology systems, including management and related contractual costs of said acquisitions, including related Internal Revenue Service labor costs, and contractual costs associated with operations authorized by
HEALTH INSURANCE TAX CREDIT ADMINISTRATION
For expenses necessary to implement the health insurance tax credit included in the Trade Act of 2002 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 103. The Internal Revenue Service shall institute and enforce policies and procedures that will safeguard the confidentiality of taxpayer information.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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).CommentsClose CommentsPermalink
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 (
SEC. 108. Not to exceed 2 percent of any appropriations in this Act made available to the Departmental Offices--Salaries and Expenses, Office of Inspector General, Financial Management Service, Alcohol and Tobacco Tax and Trade Bureau, Financial Crimes Enforcement Network, and Bureau of the Public Debt, may be transferred between such appropriations upon the advance approval of the Committees on Appropriations: Provided, That no transfer may increase or decrease any such appropriation by more than 2 percent.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 112. The Secretary of the Treasury may transfer funds from Financial Management Service, Salaries and Expenses to Debt Collection Fund as necessary to cover the costs of debt collection: Provided, That such amounts shall be reimbursed to such salaries and expenses account from debt collections received in the Debt Collection Fund.CommentsClose CommentsPermalink
SEC. 113. Section 122(g)(1) of
SEC. 114. None of the funds appropriated or otherwise made available by this or any other Act may be used by the United States Mint to construct or operate any museum without the explicit approval of the House Committee on Financial Services, the Senate Committee on Banking, Housing, and Urban Affairs, and the Senate Committee on Appropriations.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
SEC. 117. Section 101(e)(1) of the Economic Stimulus Act of 2008 is amended by inserting:CommentsClose CommentsPermalink
‘(C) TRANSFER AUTHORITY- The Secretary of the Treasury is authorized to transfer funds provided by paragraph (1)(A) among the accounts specified in paragraph (1)(A) to carry out the rebates upon the advance notification of the Committees on Appropriations: Provided, That any proposed transfer of funds greater than $5,000,000 shall be subject to the advance approval of the Committees on Appropriations.’.CommentsClose CommentsPermalink
SEC. 118. Not to exceed $5,000 shall be made available from the Bureau of Engraving and Printing’s Industrial Revolving Fund for necessary official reception and representation expenses.CommentsClose CommentsPermalink
This title may be cited as the ‘Department of the Treasury Appropriations Act, 2009’.CommentsClose CommentsPermalink
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
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
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
REIMBURSABLE EXPENSES
For the reimbursable expenses of the Executive Residence at the White House, such sums as may be necessary: Provided, That all reimbursable operating expenses of the Executive Residence shall be made in accordance with the provisions of this paragraph: Provided further, That, notwithstanding any other provision of law, such amount for reimbursable operating expenses shall be the exclusive authority of the Executive Residence to incur obligations and to receive offsetting collections, for such expenses: Provided further, That the Executive Residence shall require each person sponsoring a reimbursable political event to pay in advance an amount equal to the estimated cost of the event, and all such advance payments shall be credited to this account and remain available until expended: Provided further, That the Executive Residence shall require the national committee of the political party of the President to maintain on deposit $25,000, to be separately accounted for and available for expenses relating to reimbursable political events sponsored by such committee during such fiscal year: Provided further, That the Executive Residence shall ensure that a written notice of any amount owed for a reimbursable operating expense under this paragraph is submitted to the person owing such amount within 60 days after such expense is incurred, and that such amount is collected within 30 days after the submission of such notice: Provided further, That the Executive Residence shall charge interest and assess penalties and other charges on any such amount that is not reimbursed within such 30 days, in accordance with the interest and penalty provisions applicable to an outstanding debt on a United States Government claim under
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.CommentsClose CommentsPermalink
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 (
Office of Policy Development
SALARIES AND EXPENSES
For necessary expenses of the Office of Policy Development, including services as authorized by
National Security Council
SALARIES AND EXPENSES
For necessary expenses of the National Security Council, including services as authorized by
Office of Administration
SALARIES AND EXPENSES
For necessary expenses of the Office of Administration, including services as authorized by
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
Office of National Drug Control Policy
SALARIES AND EXPENSES
For necessary expenses of the Office of National Drug Control Policy (ONDCP); for research activities pursuant to the Office of National Drug Control Policy Reauthorization Act of 2006 (
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 (
FEDERAL DRUG CONTROL PROGRAMS
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Office of National Drug Control Policy’s High Intensity Drug Trafficking Areas Program, $235,000,000, to remain available until September 30, 2010, for drug control activities consistent with the approved strategy for each of the designated High Intensity Drug Trafficking Areas, of which no less than 51 percent shall be transferred to State and local entities for drug control activities, which shall be obligated within 120 days after enactment of this Act: Provided, That up to 49 percent may be transferred to Federal agencies and departments at a rate to be determined by the Director, of which up to $2,100,000 may be used for auditing services and associated activities, and up to $250,000 of the $2,100,000 shall be used to ensure the continued operation and maintenance of the Performance Management System: Provided further, That High Intensity Drug Trafficking Areas Programs designated as of September 30, 2008, shall be funded at no less than the fiscal year 2008 initial allocation levels (as revised by the letter from the Director of the Office of National Drug Control Policy to the Committees on Appropriations of the House of Representatives and the Senate dated April 8, 2008) or $3,000,000, whichever is greater, unless the Director submits to the Committees on Appropriations of the House of Representatives and the Senate, and the Committees approve, justification for changes in those levels based on clearly articulated priorities for the High Intensity Drug Trafficking Areas Programs, as well as published Office of National Drug Control Policy performance measures of effectiveness: Provided further, That no High Intensity Drug Trafficking Area shall receive more than $47,457,447 as its fiscal year 2009 initial allocation level: Provided further, That, notwithstanding the requirements of
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 (
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
Presidential Transition Administrative Support
For expenses of the Office of Administration to carry out the Presidential Transition Act of 1963, and similar expenses, in addition to amounts otherwise appropriated by law, $8,000,000: Provided, That such funds may be transferred to other accounts that provide funding for offices within the Executive Office of the President and the Office of the Vice President in this Act or any other Act, to carry out such purposes.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
Administrative Provisions--Executive Office of the President and Funds Appropriated to the President
(INCLUDING TRANSFER OF FUNDS)
SEC. 201. From funds made available in this Act under the headings ‘White House Office’, ‘Executive Residence at the White House’, ‘White House Repair and Restoration’, ‘Council of Economic Advisors’, ‘National Security Council’, ‘Office of Administration’, ‘Office of Policy Development’, ‘Special Assistance to the President’, and ‘Official Residence of the Vice President’, the Director of the Office of Management and Budget (or such other officer as the President may designate in writing), may, 15 days after giving notice to the House and Senate Committees on Appropriations, transfer not to exceed 10 percent of any such appropriation to any other such appropriation, to be merged with and available for the same time and for the same purposes as the appropriation to which transferred: Provided, That the amount of an appropriation shall not be increased by more than 50 percent by such transfers: Provided further, That no amount shall be transferred from ‘Special Assistance to the President’ or ‘Official Residence of the Vice President’ without the approval of the Vice President.CommentsClose CommentsPermalink
SEC. 202. The President shall submit to the Committees on Appropriations not later than 60 days after the date of the enactment of this Act, and prior to the initial obligation of funds appropriated under the heading ‘Office of National Drug Control Policy’, a detailed narrative and financial plan on the proposed uses of all funds under the heading by program, project, and activity, for which the obligation of funds is anticipated: Provided, That up to 20 percent of funds appropriated under this heading may be obligated before the submission of the report subject to prior approval of the Committees on Appropriations: Provided further, That the report shall be updated and submitted to the Committees on Appropriations every 6 months and shall include information detailing how the estimates and assumptions contained in previous reports have changed: Provided further, That any new projects and changes in funding of ongoing projects shall be subject to the prior approval of the Committees on Appropriations.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 205. For fiscal year 2009 and thereafter, the Office of Management and Budget shall use funds provided under the heading ‘Office of Management and Budget, Salaries and Expenses’ to pay the costs for the printing of a sufficient number of paper copies of the documents associated with the President’s annual budget request for submission to the Congress.CommentsClose CommentsPermalink
This title may be cited as the ‘Executive Office of the President Appropriations Act, 2009’.CommentsClose CommentsPermalink
TITLE III
THE JUDICIARY
Supreme Court of the United States
SALARIES AND EXPENSES
For expenses necessary for the operation of the Supreme Court, as required by law, excluding care of the building and grounds, including purchase or hire, driving, maintenance, and operation of an automobile for the Chief Justice, not to exceed $10,000 for the purpose of transporting Associate Justices, and hire of passenger motor vehicles as authorized by
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 (
United States Court of Appeals for the Federal Circuit
SALARIES AND EXPENSES
For salaries of the chief judge, judges, and other officers and employees, and for necessary expenses of the court, as authorized by law, $31,482,000.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Courts of Appeals, District Courts, and Other Judicial Services
SALARIES AND EXPENSES
For the salaries of circuit and district judges (including judges of the territorial courts of the United States), justices and judges retired from office or from regular active service, judges of the United States Court of Federal Claims, bankruptcy judges, magistrate judges, and all other officers and employees of the Federal Judiciary not otherwise specifically provided for, and necessary expenses of the courts, as authorized by law, $4,832,760,000 (including the purchase of firearms and ammunition); of which not to exceed $27,817,000 shall remain available until expended for space alteration projects and for furniture and furnishings related to new space alteration and construction projects.CommentsClose CommentsPermalink
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 (
DEFENDER SERVICES
For the operation of Federal Defender organizations; the compensation and reimbursement of expenses of attorneys appointed to represent persons under
FEES OF JURORS AND COMMISSIONERS
For fees and expenses of jurors as authorized by
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 (
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
Federal Judicial Center
SALARIES AND EXPENSES
For necessary expenses of the Federal Judicial Center, as authorized by
Judicial Retirement Funds
PAYMENT TO JUDICIARY TRUST FUNDS
For payment to the Judicial Officers’ Retirement Fund, as authorized by
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.CommentsClose CommentsPermalink
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
SEC. 302. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Judiciary in this Act may be transferred between such appropriations, but no such appropriation, except ‘Courts of Appeals, District Courts, and Other Judicial Services, Defender Services’ and ‘Courts of Appeals, District Courts, and Other Judicial Services, Fees of Jurors and Commissioners’, shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under sections 604 and 608 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 305.
SEC. 306. In accordance with
SEC. 307. (a). IN GENERAL-
(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
(1) United States magistrate judges.CommentsClose CommentsPermalink
(2) Bankruptcy judges appointed under chapter 6 of title 28, United States Code.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(4) Bankruptcy judges and magistrate judges retired under
(5) Judges retired under
(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
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
SEC. 309.
(1) by inserting ‘to expend funds or’ after ‘He also shall have the authority’; andCommentsClose CommentsPermalink
(2) by striking ‘this Act’ and inserting ‘this paragraph’.CommentsClose CommentsPermalink
SEC. 310. Pursuant to section 140 of
This title may be cited as the ‘Judiciary Appropriations Act, 2009’.CommentsClose CommentsPermalink
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT
For a Federal payment to the District of Columbia, to be deposited into a dedicated account, for a nationwide program to be administered by the Mayor, for District of Columbia resident tuition support, $35,100,000, to remain available until expended: Provided, That such funds, including any interest accrued thereon, may be used on behalf of eligible District of Columbia residents to pay an amount based upon the difference between in-State and out-of-State tuition at public institutions of higher education, or to pay up to $2,500 each year at eligible private institutions of higher education: Provided further, That the awarding of such funds may be prioritized on the basis of a resident’s academic merit, the income and need of eligible students and such other factors as may be authorized: Provided further, That the District of Columbia government shall maintain a dedicated account for the Resident Tuition Support Program that shall consist of the Federal funds appropriated to the Program in this Act and any subsequent appropriations, any unobligated balances from prior fiscal years, and any interest earned in this or any fiscal year: Provided further, That the account shall be under the control of the District of Columbia Chief Financial Officer, who shall use those funds solely for the purposes of carrying out the Resident Tuition Support Program: Provided further, That the Office of the Chief Financial Officer shall provide a quarterly financial report to the Committees on Appropriations of the House of Representatives and the Senate for these funds showing, by object class, the expenditures made and the purpose therefor: Provided further, That not more than 7 percent of the total amount appropriated for this program may be used for administrative expenses.CommentsClose CommentsPermalink
FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS IN THE DISTRICT OF COLUMBIA
For a Federal payment of necessary expenses, as determined by the Mayor of the District of Columbia in written consultation with the elected county or city officials of surrounding jurisdictions, $15,400,000, to remain available until expended and in addition any funds that remain available from prior year appropriations under this heading for the District of Columbia Government, of which $15,000,000 is for the costs of providing public safety at events related to the presence of the national capital in the District of Columbia, for the costs of providing support requested by the Director of the United States Secret Service Division in carrying out their protective duties under the direction of the Secretary of Homeland Security, and for the costs of providing support to respond to immediate and specific terrorist threats or attacks in the District of Columbia or surrounding jurisdictions; and of which $400,000 is for the District of Columbia National Guard retention and college access program.CommentsClose CommentsPermalink
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS
For salaries and expenses for the District of Columbia Courts, $251,625,000 to be allocated as follows: for the District of Columbia Court of Appeals, $13,983,000, of which not to exceed $1,500 is for official reception and representation expenses; for the District of Columbia Superior Court, $110,135,000, of which not to exceed $1,500 is for official reception and representation expenses; for the District of Columbia Court System, $57,002,000, of which not to exceed $1,500 is for official reception and representation expenses; and $70,505,000, to remain available until September 30, 2010, for capital improvements for District of Columbia courthouse facilities, including structural improvements to the District of Columbia cell block at the Moultrie Courthouse: Provided, That notwithstanding any other provision of law, a single contract or related contracts for development and construction of facilities may be employed which collectively include the full scope of the project: Provided further, That the solicitation and contract shall contain the clause ‘availability of Funds’ found at 48 CFR 52.232-18: Provided further, That funds made available for capital improvements shall be expended consistent with the General Services Administration (GSA) master plan study and building evaluation report: Provided further, That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of other Federal agencies, with payroll and financial services to be provided on a contractual basis with the GSA, and such services shall include the preparation of monthly financial reports, copies of which shall be submitted directly by GSA to the President and to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate: Provided further, That 30 days after providing written notice to the Committees on Appropriations of the House of Representatives and the Senate, the District of Columbia Courts may reallocate not more than $1,000,000 of the funds provided under this heading among the items and entities funded under this heading for operations, and not more than 4 percent of the funds provided under this heading for facilities.CommentsClose CommentsPermalink
DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS
For payments authorized under section 11-2604 and section 11-2605, D.C. Official Code (relating to representation provided under the District of Columbia Criminal Justice Act), payments for counsel appointed in proceedings in the Family Court of the Superior Court of the District of Columbia under chapter 23 of title 16, D.C. Official Code, or pursuant to contractual agreements to provide guardian ad litem representation, training, technical assistance, and such other services as are necessary to improve the quality of guardian ad litem representation, payments for counsel appointed in adoption proceedings under chapter 3 of title 16, D.C. Code, and payments for counsel authorized under section 21-2060, D.C. Official Code (relating to representation provided under the District of Columbia Guardianship, Protective Proceedings, and Durable Power of Attorney Act of 1986), $52,475,000, to remain available until expended: Provided, That the funds provided in this Act under the heading ‘Federal Payment to the District of Columbia Courts’ (other than the $70,505,000 provided under such heading for capital improvements for District of Columbia courthouse facilities) may also be used for payments under this heading: Provided further, That in addition to the funds provided under this heading, the Joint Committee on Judicial Administration in the District of Columbia may use funds provided in this Act under the heading ‘Federal Payment to the District of Columbia Courts’ (other than the $70,505,000 provided under such heading for capital improvements for District of Columbia courthouse facilities), to make payments described under this heading for obligations incurred during any fiscal year: Provided further, That funds provided under this heading shall be administered by the Joint Committee on Judicial Administration in the District of Columbia: Provided further, That notwithstanding any other provision of law, this appropriation shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for expenses of other Federal agencies, with payroll and financial services to be provided on a contractual basis with the General Services Administration (GSA), and such services shall include the preparation of monthly financial reports, copies of which shall be submitted directly by GSA to the President and to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate.CommentsClose CommentsPermalink
FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA
For salaries and expenses, including the transfer and hire of motor vehicles, of the Court Services and Offender Supervision Agency for the District of Columbia, as authorized by the National Capital Revitalization and Self-Government Improvement Act of 1997, $203,490,000, of which not to exceed $2,000 is for official reception and representation expenses related to Community Supervision and Pretrial Services Agency programs; of which not to exceed $25,000 is for dues and assessments relating to the implementation of the Court Services and Offender Supervision Agency Interstate Supervision Act of 2002; of which not to exceed $400,000 for the Community Supervision Program and $160,000 for the Pretrial Services Program, both to remain available until September 30, 2010, are for information technology infrastructure enhancement acquisitions; of which $148,652,000 shall be for necessary expenses of Community Supervision and Sex Offender Registration, to include expenses relating to the supervision of adults subject to protection orders or the provision of services for or related to such persons; of which $54,838,000 shall be available to the Pretrial Services Agency: Provided, That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of other Federal agencies: Provided further, That not less than $2,000,000 shall be available for re-entrant housing in the District of Columbia: Provided further, That the Director is authorized to accept and use gifts in the form of in-kind contributions of space and hospitality to support offender and defendant programs, and equipment and vocational training services to educate and train offenders and defendants: Provided further, That the Director shall keep accurate and detailed records of the acceptance and use of any gift or donation under the previous proviso, and shall make such records available for audit and public inspection: Provided further, That the Court Services and Offender Supervision Agency Director is authorized to accept and use reimbursement from the District of Columbia Government for space and services provided on a cost reimbursable basis.CommentsClose CommentsPermalink
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE
For salaries and expenses, including the transfer and hire of motor vehicles, of the District of Columbia Public Defender Service, as authorized by the National Capital Revitalization and Self-Government Improvement Act of 1997, $35,659,000: Provided, That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of Federal agencies: Provided further, That for fiscal year 2009 and thereafter, the Public Defender Service is authorized to charge fees to cover costs of materials distributed and training provided to attendees of educational events, including conferences, sponsored by the Public Defender Service, and notwithstanding
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY
For a Federal payment to the District of Columbia Water and Sewer Authority, $16,000,000, to remain available until expended, to continue implementation of the Combined Sewer Overflow Long-Term Plan: Provided, That the District of Columbia Water and Sewer Authority provides a 50 percent match for this payment.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
FEDERAL PAYMENT TO THE OFFICE OF THE CHIEF FINANCIAL OFFICER OF THE DISTRICT OF COLUMBIA
For a Federal payment to the Office of the Chief Financial Officer of the District of Columbia, $5,000,000: Provided, That each entity that receives funding under this heading shall submit a detailed budget and comprehensive description to the Office of the Chief Financial Officer of the District of Columbia (CFO) and to the Committees on Appropriations of the House of Representatives and the Senate no later than June 1, 2009 on the activities to be carried out with such funds.CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
FEDERAL PAYMENT TO JUMP START PUBLIC SCHOOL REFORM
For a Federal payment to jump start public school reform in the District of Columbia, $20,000,000, of which $3,500,000 is to support the recruitment, development and training of principals and other school leaders; $7,000,000 is to develop optimal school programs and intervene in low performing schools; $7,500,000 is for a customized data reporting and accountability system on student performance as well as increased outreach and training for parents and community members; and $2,000,000 is to support data reporting requirements associated with the District of Columbia Public Schools teacher incentive program: Provided, That up to $500,000 or 10 percent, whichever is less, of the amounts above may be transferred as necessary from one activity to another activity: Provided further, That the President and the Committees on Appropriations of the House of Representatives and the Senate are notified in writing 15 days in advance of the transfer: Provided further, That any amount provided under this heading shall be available only after such amount has been apportioned pursuant to chapter 15 of title 31, United States Code.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
FEDERAL PAYMENT TO THE EXECUTIVE OFFICE OF THE MAYOR OF THE DISTRICT OF COLUMBIA
For a Federal payment to the Executive Office of the Mayor of the District of Columbia to enhance the quality of life for District residents, $3,500,000, of which $1,250,000 shall be available as Federal matching funds to temporarily continue benefits for low-income couples who decide to marry, and $2,250,000 of which shall be to continue Marriage Development Accounts in the District of Columbia: Provided, That no funds shall be expended until the Mayor of the District of Columbia submits a detailed expenditure plan, including performance measures, to the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That the District submit a preliminary progress report on activities no later than June 1, 2009, and a final report including a detailed description of outcomes achieved no later than February 1, 2010.CommentsClose CommentsPermalink
District of Columbia Funds
The following amounts are appropriated for the District of Columbia for the current fiscal year out of the General Fund of the District of Columbia (‘General Fund’), except as otherwise specifically provided: Provided, That notwithstanding any other provision of law, except as provided in section 450A of the District of Columbia Home Rule Act, approved November 2, 2000 (114 Stat. 2440; D.C. Official Code, section 1-204.50a) and provisions of this Act, the total amount appropriated in this Act for operating expenses for the District of Columbia for fiscal year 2009 under this heading shall not exceed the lesser of the sum of the total revenues of the District of Columbia for such fiscal year or $10,011,231,000 (of which $6,203,795,000 shall be from local funds, (including $441,319,000 from dedicated taxes), $2,177,373,000 shall be from Federal grant funds, $1,623,754,000 shall be from other funds, and $6,310,000 shall be from private funds), in addition, $178,774,000 from funds previously appropriated in this Act as Federal payments: Provided further, That of the local funds, such amounts as may be necessary may be derived from the District’s General Fund balance: Provided further, That of these funds the District’s intradistrict authority shall be $725,461,000: in addition for capital construction projects, an increase of $1,482,977,000, of which $1,121,734,000 shall be from local funds, $60,708,000 from the District of Columbia Highway Trust fund, $107,794,000 from the Local Street Maintenance fund, $192,741,000 from Federal grant funds, and a rescission of $353,447,000 from local funds and a rescission of $37,500,000 from Local Street Maintenance funds appropriated under this heading in prior fiscal years for a net amount of $1,092,030,000, to remain available until expended: Provided further, That the amounts provided under this heading are to be available, allocated and expended as proposed under ‘Title III--District of Columbia Funds Division of Expenses’ of the Fiscal Year 2009 Proposed Budget and Financial Plan submitted to the Congress of the United States by the District of Columbia on June 9, 2008 and such title is hereby incorporated by reference as though set forth fully herein: Provided further, That this amount may be increased by proceeds of one-time transactions, which are expended for emergency or unanticipated operating or capital needs: Provided further, That such increases shall be approved by enactment of local District law and shall comply with all reserve requirements contained in the District of Columbia Home Rule Act approved December 24, 1973 (87 Stat. 777; D.C. Official Code Sec. 1-201.01 et seq.), as amended by this Act: Provided further, That the Chief Financial Officer of the District of Columbia shall take such steps as are necessary to assure that the District of Columbia meets these requirements, including the apportioning by the Chief Financial Officer of the appropriations and funds made available to the District during fiscal year 2009, except that the Chief Financial Officer may not reprogram for operating expenses any funds derived from bonds, notes, or other obligations issued for capital projects.CommentsClose CommentsPermalink
This title may be cited as the ‘District of Columbia Appropriations Act, 2009’.CommentsClose CommentsPermalink
TITLE V
INDEPENDENT AGENCIES
Christopher Columbus Fellowship Foundation
SALARIES AND EXPENSES
For payment to the Christopher Columbus Fellowship Foundation, established by section 423 of
Commodity Futures Trading Commission
SALARIES AND EXPENSES
For necessary expenses to carry out the provisions of the Commodity Exchange Act (
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
Election Assistance Commission
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the Help America Vote Act of 2002, $16,679,000, of which $4,000,000 shall be transferred to the National Institute of Standards and Technology for election reform activities authorized under the Help America Vote Act of 2002.CommentsClose CommentsPermalink
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
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’.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 503. Of the funds provided, not less than $3,000,000 shall be available to establish and administer a State Broadband Data and Development matching grants program for State-level broadband demand aggregation activities and creation of geographic inventory maps of broadband service to identify gaps in service and provide a baseline assessment of statewide broadband deployment.CommentsClose CommentsPermalink
Federal Deposit Insurance Corporation
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $27,495,000, to be derived from the Deposit Insurance Fund and the FSLIC Resolution Fund.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
Federal Trade Commission
SALARIES AND EXPENSES
For necessary expenses of the Federal Trade Commission, including uniforms or allowances therefor, as authorized by
General Services Administration
REAL PROPERTY ACTIVITIES
FEDERAL BUILDINGS FUND
LIMITATIONS ON AVAILABILITY OF REVENUE
For an additional amount to be deposited in the Federal Buildings Fund, $671,872,000. Amounts in the Fund, including revenues and collections deposited into the Fund, shall be available for necessary expenses of real property management and related activities not otherwise provided for, including operation, maintenance, and protection of federally owned and leased buildings; rental of buildings in the District of Columbia; restoration of leased premises; moving governmental agencies (including space adjustments and telecommunications relocation expenses) in connection with the assignment, allocation, and transfer of space; contractual services incident to cleaning or servicing buildings, and moving; repair and alteration of federally owned buildings including grounds, approaches and appurtenances; care and safeguarding of sites; maintenance, preservation, demolition, and equipment; acquisition of buildings and sites by purchase, condemnation, or as otherwise authorized by law; acquisition of options to purchase buildings and sites; conversion and extension of federally owned buildings; preliminary planning and design of projects by contract or otherwise; construction of new buildings (including equipment for such buildings); and payment of principal, interest, and any other obligations for public buildings acquired by installment purchase and purchase contract; in the aggregate amount of $8,524,445,000, of which: (1) $766,991,000 shall remain available until expended for construction (including funds for sites and expenses and associated design and construction services) of additional projects at the following locations:CommentsClose CommentsPermalink
New Construction:CommentsClose CommentsPermalink
Alabama:CommentsClose CommentsPermalink
Tuscaloosa Federal Building, $25,000,000.CommentsClose CommentsPermalink
California:CommentsClose CommentsPermalink
San Diego, United States Courthouse Annex, $110,362,000.CommentsClose CommentsPermalink
San Ysidro, Land Port of Entry, $58,910,000.CommentsClose CommentsPermalink
Colorado:CommentsClose CommentsPermalink
Lakewood, Denver Federal Center Remediation, $10,472,000.CommentsClose CommentsPermalink
District of Columbia:CommentsClose CommentsPermalink
DHS Consolidation and development of St. Elizabeths Campus, $331,390,000.CommentsClose CommentsPermalink
St. Elizabeths West Campus Infrastructure, $8,249,000.CommentsClose CommentsPermalink
St. Elizabeths West Campus Site Acquisition, $7,000,000.CommentsClose CommentsPermalink
Maryland:CommentsClose CommentsPermalink
Montgomery County, Food and Drug Administration Consolidation, $200,404,000.CommentsClose CommentsPermalink
North Dakota:CommentsClose CommentsPermalink
Portal, Land Port of Entry, $15,204,000:CommentsClose CommentsPermalink
Provided, That each of the foregoing limits of costs on new construction projects may be exceeded to the extent that savings are affected in other such projects, but not to exceed 10 percent of the amounts included in an approved prospectus, if required, unless advance approval is obtained from the Committees on Appropriations of a greater amount: Provided further, That all funds for direct construction projects shall expire on September 30, 2010 and remain in the Federal Buildings Fund except for funds for projects as to which funds for design or other funds have been obligated in whole or in part prior to such date: Provided further, That for fiscal year 2010 and thereafter, the annual budget submission of the General Services Administration shall include a detailed 5-year plan for Federal building construction projects with a yearly update of total projected future funding needs: Provided further, That for fiscal year 2010 and thereafter, the annual budget submission of the General Services Administration shall, in consultation with U.S. Customs and Border Patrol, include a detailed 5-year plan for Federal land port-of-entry projects with a yearly update of total projected future funding needs; (2) $692,374,000 shall remain available until expended for repairs and alterations, which includes associated design and construction services:CommentsClose CommentsPermalink
Repairs and Alterations:CommentsClose CommentsPermalink
District of Columbia:CommentsClose CommentsPermalink
Eisenhower Executive Office Building, CBR, $14,700,000.CommentsClose CommentsPermalink
Eisenhower Executive Office Building, Phase III, $51,075,000.CommentsClose CommentsPermalink
West Wing Infrastructure Systems Replacement, $76,487,000.CommentsClose CommentsPermalink
Illinois:CommentsClose CommentsPermalink
Chicago, Dirksen Courthouse, $152,825,000.CommentsClose CommentsPermalink
North Carolina:CommentsClose CommentsPermalink
New Bern, United States Post Office and Courthouse, $10,640,000.CommentsClose CommentsPermalink
Special Emphasis Programs:CommentsClose CommentsPermalink
Energy and Water Retrofit and Conservation Measures, $36,647,000.CommentsClose CommentsPermalink
Basic Repairs and Alterations, $350,000,000:CommentsClose CommentsPermalink
Provided further, That funds made available in this or any previous Act in the Federal Buildings Fund for Repairs and Alterations shall, for prospectus projects, be limited to the amount identified for each project, except each project in this or any previous Act may be increased by an amount not to exceed 10 percent unless advance approval is obtained from the Committees on Appropriations of a greater amount: Provided further, That additional projects for which prospectuses have been fully approved may be funded under this category only if advance approval is obtained from the Committees on Appropriations: Provided further, That the amounts provided in this or any prior Act for ‘Repairs and Alterations’ may be used to fund costs associated with implementing security improvements to buildings necessary to meet the minimum standards for security in accordance with current law and in compliance with the reprogramming guidelines of the appropriate Committees of the House and Senate: Provided further, That the difference between the funds appropriated and expended on any projects in this or any prior Act, under the heading ‘Repairs and Alterations’, may be transferred to Basic Repairs and Alterations or used to fund authorized increases in prospectus projects: Provided further, That all funds for repairs and alterations prospectus projects shall expire on September 30, 2010 and remain in the Federal Buildings Fund except funds for projects as to which funds for design or other funds have been obligated in whole or in part prior to such date: Provided further, That the amount provided in this or any prior Act for Basic Repairs and Alterations may be used to pay claims against the Government arising from any projects under the heading ‘Repairs and Alterations’ or used to fund authorized increases in prospectus projects; (3) $149,570,000 for installment acquisition payments including payments on purchase contracts which shall remain available until expended; (4) $4,692,156,000 for rental of space which shall remain available until expended; and (5) $2,223,354,000 for building operations which shall remain available until expended: Provided further, That funds available to the General Services Administration shall not be available for expenses of any construction, repair, alteration and acquisition project for which a prospectus, if required by the Public Buildings Act of 1959, has not been approved, except that necessary funds may be expended for each project for required expenses for the development of a proposed prospectus: Provided further, That funds available in the Federal Buildings Fund may be expended for emergency repairs when advance approval is obtained from the Committees on Appropriations: Provided further, That amounts necessary to provide reimbursable special services to other agencies under section 210(f)(6) of the Federal Property and Administrative Services Act of 1949 (
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
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
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General and service authorized by
ELECTRONIC GOVERNMENT FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses in support of interagency projects that enable the Federal Government to expand its ability to conduct activities electronically, through the development and implementation of innovative uses of the Internet and other electronic methods, $1,000,000, to remain available until expended: Provided, That these funds may be transferred to Federal agencies to carry out the purposes of the Fund: Provided further, That this transfer authority shall be in addition to any other transfer authority provided in this Act: Provided further, That such transfers may not be made until 10 days after a proposed spending plan and explanation for each project to be undertaken has been submitted to the Committees on Appropriations.CommentsClose CommentsPermalink
ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS
(INCLUDING TRANSFER OF FUNDS)
For carrying out the provisions of the Act of August 25, 1958 (
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.CommentsClose CommentsPermalink
FEDERAL CITIZEN SERVICES FUND
For necessary expenses of the Office of Citizen Services, including services authorized by
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 513. None of the funds provided in this Act may be used to increase the amount of occupiable square feet, provide cleaning services, security enhancements, or any other service usually provided through the Federal Buildings Fund, to any agency that does not pay the rate per square foot assessment for space and services as determined by the General Services Administration in compliance with the Public Buildings Amendments Act of 1972 (
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.CommentsClose CommentsPermalink
SEC. 515. Subsections (a) and (b)(1) of
SEC. 516. In furtherance of the emergency management strategy set forth by the Department of Homeland Security’s National Response Framework, the Administrator may provide for the use of the Federal supply schedules of the General Services Administration by nongovernmental organizations referenced in the National Response Framework. Purchases under this authority shall be limited to use in preparation for, response to, and recovery from an emergency incident contemplated in the National Response Framework.CommentsClose CommentsPermalink
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 (
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 (
ENVIRONMENTAL DISPUTE RESOLUTION FUND
For payment to the Environmental Dispute Resolution Fund to carry out activities authorized in the Environmental Policy and Conflict Resolution Act of 1998, $2,000,000, to remain available until expended.CommentsClose CommentsPermalink
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 (
ELECTRONIC RECORDS ARCHIVES
For necessary expenses in connection with the development of the electronic records archives, to include all direct project costs associated with research, analysis, design, development, and program management, $67,008,000, of which $45,795,000 shall remain available until September 30, 2010: Provided, That none of the multi-year funds may be obligated until the National Archives and Records Administration submits to the Committees on Appropriations, and such Committees approve, a plan for expenditure that: (1) meets the capital planning and investment control review requirements established by the Office of Management and Budget, including Circular A-11; (2) complies with the National Archives and Records Administration’s enterprise architecture; (3) conforms with the National Archives and Records Administration’s enterprise life cycle methodology; (4) is approved by the National Archives and Records Administration and the Office of Management and Budget; (5) has been reviewed by the Government Accountability Office; and (6) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the Federal Government.CommentsClose CommentsPermalink
REPAIRS AND RESTORATION
For the repair, alteration, and improvement of archives facilities, and to provide adequate storage for holdings, $33,211,000, to remain available until expended: Provided, That the Archivist is authorized to construct an addition to the John F. Kennedy Presidential Library and Museum; and of the funds provided, $22,000,000 shall be available for construction costs and related services for building the addition to the John F. Kennedy Presidential Library and Museum and other necessary expenses, including renovating the Library as needed in constructing the addition; and $2,000,000 is for the repair and restoration of the plaza that surrounds the Lyndon Baines Johnson Presidential Library and Museum that is under the joint control and custody of the University of Texas: Provided further, That such funds shall remain available until expended for this purpose and may be transferred directly to the University and used, together with University funds, for the repair and restoration of the plaza: Provided further, That such funds shall be spent in accordance with the construction plan submitted to the Committees on Appropriations on March 14, 2005: Provided further, That the Archivist shall be prohibited from entering into any agreement with the University or any other party that requires additional funding commitments on behalf of the Federal Government for this project: Provided further, That hereafter, no further Federal funding shall be provided for this plaza project.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
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
COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
For the Community Development Revolving Loan Fund program as authorized by
Office of Government Ethics
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the Office of Government Ethics pursuant to the Ethics in Government Act of 1978, and the Ethics Reform Act of 1989, including services as authorized by
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
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
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 (
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 (
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 (
Securities and Exchange Commission
SALARIES AND EXPENSES
For necessary expenses for the Securities and Exchange Commission, including services as authorized by
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
Small Business Administration
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for, of the Small Business Administration as authorized by
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $15,500,000.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
DISASTER LOAN PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For administrative expenses to carry out the direct loan program authorized by section 7(b) of the Small Business Act, $160,068,000, to be available until expended, of which $1,000,000 is for the Office of Inspector General of the Small Business Administration for audits and reviews of disaster loans and the disaster loan program and shall be transferred to and merged with the appropriations for the Office of Inspector General; of which $150,068,000 is for direct administrative expenses of loan making and servicing to carry out the direct loan program, which may be transferred to and merged with the appropriations for Salaries and Expenses; and of which $9,000,000 is for indirect administrative expenses, which may be transferred to and merged with the appropriations for Salaries and Expenses.CommentsClose CommentsPermalink
ADMINISTRATIVE PROVISIONS--SMALL BUSINESS ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
SEC. 520. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Small Business Administration in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this paragraph shall be treated as a reprogramming of funds under section 610 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 522. None of the funds made available under this Act may be used by the Small Business Administration to implement the proposed rule relating to women-owned small business Federal contract assistance procedures published in the Federal Register on December 27, 2007 (72 Fed. Reg. 73285 et seq.).CommentsClose CommentsPermalink
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 (
Harry S. Truman Scholarship Foundation
SALARIES AND EXPENSES
For payment to the Harry S. Truman Scholarship Foundation Trust Fund, established by section 10 of
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
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 (
United States Tax Court
SALARIES AND EXPENSES
For necessary expenses, including contract reporting and other services as authorized by
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 603. The expenditure of any appropriation under this Act for any consulting service through procurement contract pursuant to
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.CommentsClose CommentsPermalink
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 (
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 (
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 (
SEC. 608. Except as otherwise provided in this Act, none of the funds provided in this Act, provided by previous appropriations Acts to the agencies or entities funded in this Act that remain available for obligation or expenditure in fiscal year 2009, or provided from any accounts in the Treasury derived by the collection of fees and available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates a new program; (2) eliminates a program, project, or activity; (3) increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by the Congress; (4) proposes to use funds directed for a specific activity by either the House of Representatives or the Senate Committees on Appropriations for a different purpose; (5) augments existing programs, projects, or activities in excess of $5,000,000 or 10 percent, whichever is less; (6) reduces existing programs, projects, or activities by $5,000,000 or 10 percent, whichever is less; or (7) creates or reorganizes offices, programs, or activities unless prior approval is received from the House of Representatives and the Senate Committees on Appropriations: Provided, That prior to any significant reorganization or restructuring of offices, programs, or activities, each agency or entity funded in this Act shall consult with the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That not later than 60 days after the date of enactment of this Act, each agency funded by this Act shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate to establish the baseline for application of reprogramming and transfer authorities for the current fiscal year: Provided further, That the report shall include: (1) a table for each appropriation with a separate column to display the President’s budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; (2) a delineation in the table for each appropriation both by object class and program, project, and activity as detailed in the budget appendix for the respective appropriation; and (3) an identification of items of special congressional interest: Provided further, That the amount appropriated or limited for salaries and expenses for an agency shall be reduced by $100,000 per day for each day after the required date that the report has not been submitted to the Congress.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(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; orCommentsClose CommentsPermalink
(2) such request is required due to extraordinary circumstances involving national security.CommentsClose CommentsPermalink
SEC. 611. The cost accounting standards promulgated under section 26 of the Office of Federal Procurement Policy Act (
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.CommentsClose CommentsPermalink
SEC. 613. In order to promote Government access to commercial information technology, the restriction on purchasing nondomestic articles, materials, and supplies set forth in the Buy American Act (
SEC. 614. Notwithstanding
SEC. 615.
(1) by redesignating the second subsection (r) as subsection (s), andCommentsClose CommentsPermalink
(2) by striking ‘paragraph (4)’ each place it appears in subsection (s)(5) (as redesignated by paragraph (1)) and inserting ‘paragraph (3)’.CommentsClose CommentsPermalink
SEC. 616. LIFE INSURANCE FOR TAX COURT JUDGES AGE 65 OR OVER. (a) IN GENERAL- Section 7472 of title 26 is amended by inserting after the word ‘imposed’ where it appears in the second sentence the following phrase ‘after April 24, 1999, that is incurred’.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 617. The Public Company Accounting Oversight Board shall have authority to obligate funds for the scholarship program established by section 109(c)(2) of the Sarbanes-Oxley Act of 2002 (
SEC. 618. None of the funds made available in this Act may be used to administer, implement, or enforce the amendment made to section 515.533 of title 31, Code of Federal Regulations, that was published in the Federal Register on February 25, 2005.CommentsClose CommentsPermalink
SEC. 619. Section 910(a) of the Trade Sanctions Reform and Export Enhancement Act of 2000 (
‘(a) AUTHORIZATION OF TRAVEL RELATING TO COMMERCIAL SALES OF AGRICULTURAL AND MEDICAL GOODS- The Secretary of the Treasury shall promulgate regulations under which the travel-related transactions listed in paragraph (c) of section 515.560 of title 31, Code of Federal Regulations, are authorized by general license for travel to, from, or within Cuba for the marketing and sale of agricultural and medical goods pursuant to the provisions of this title.’.CommentsClose CommentsPermalink
SEC. 620. None of the funds made available in this Act may be used to administer, implement, or enforce the amendments made to section 515.560 and section 515.561 of title 31, Code of Federal Regulations, related to travel to visit relatives in Cuba, that were published in the Federal Register on June 16, 2004.CommentsClose CommentsPermalink
SEC. 621. Through September 30, 2012, notwithstanding any other provision of law, neither the Board of Governors of the Federal Reserve System nor the Secretary of the Treasury may determine, by rule, regulation, order, or otherwise, for the purposes of section 4(K) of the Bank Holding Company Act of 1956, or section 5136A of the Revised Statutes of the United States, that real estate brokerage activity or real estate management activity (which for purposes of this paragraph shall be defined to mean ‘real estate brokerage’ and ‘property management’ respectively, as those terms were understood by the Federal Reserve Board prior to March 11, 2000) is an activity that is financial in nature, is incidental to any financial activity, or is complementary to a financial activity. For purposes of this paragraph, ‘real estate brokerage activity’ shall mean ‘real estate brokerage’, and ‘real estate management activity’ shall mean ‘property management’ as those terms were understood by the Federal Reserve Board prior to March 11, 2000.CommentsClose CommentsPermalink
SEC. 622. CHRISTOPHER COLUMBUS FELLOWSHIP AUTHORIZATION. The Christopher Columbus Fellowship Act (
(1) in section 426(a) (
(A) in paragraph (3), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(B) by redesignating paragraph (4) as paragraph (5); andCommentsClose CommentsPermalink
(C) by inserting after paragraph (3) the following:CommentsClose CommentsPermalink
‘(4) amounts appropriated to the Foundation, as authorized under section 430; and’; andCommentsClose CommentsPermalink
(2) by adding at the end the following new section:CommentsClose CommentsPermalink
‘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.’.CommentsClose CommentsPermalink
SEC. 623. (a) Within 90 days after the date of enactment of this Act, the Federal Trade Commission shall initiate a rulemaking proceeding with respect to subprime mortgage loans and nontraditional mortgage loans in accordance with
section 553 of title 5, United States Code . Any violation of a rule prescribed under this subsection shall be treated as a violation of a rule under section 18 of the Federal Trade Commission Act (15 U.S.C. 57a ) regarding unfair or deceptive acts or practices.CommentsClose CommentsPermalink(b)(1) Except as provided in paragraph (6), a State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate State or district court of the United States to enforce the provisions of section 128 of the Truth in Lending Act (
15 U.S.C. 1638 ), any other provision of the Truth in Lending Act, or any subprime mortgage loan rule or nontraditional mortgage loan rule promulgated by the Federal Trade Commission to obtain penalties and relief provided under such Act or rule whenever the attorney general of the State has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a violation of such Act or rule.CommentsClose CommentsPermalink(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.CommentsClose CommentsPermalink
(3) Upon receiving the notice required by paragraph (2), the Commission may intervene in such civil action and upon intervening--CommentsClose CommentsPermalink
(A) be heard on all matters arising in such civil action;CommentsClose CommentsPermalink
(B) remove the action to the appropriate United States district court; andCommentsClose CommentsPermalink
(C) file petitions for appeal of a decision in such civil action.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(5) In a civil action brought under paragraph (1)--CommentsClose CommentsPermalink
(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 ; andCommentsClose CommentsPermalink(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c) Section 129 of the Truth in Lending Act (
15 U.S.C. 1639 ) is amended by adding at the end the following:CommentsClose CommentsPermalink‘(m) CIVIL PENALTIES IN FEDERAL TRADE COMMISSION ENFORCEMENT ACTIONS- For purposes of enforcement by the Federal Trade Commission, any violation of a regulation issued by the Federal Reserve Board pursuant to subsection (l)(2) of this section shall be treated as a violation of a rule promulgated under section 18 of the Federal Trade Commission Act (
15 U.S.C. 57a ) regarding unfair or deceptive acts or practices.’.CommentsClose CommentsPermalink
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 (
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
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
SEC. 704. Unless otherwise specified during the current fiscal year, no part of any appropriation contained in this or any other Act shall be used to pay the compensation of any officer or employee of the Government of the United States (including any agency the majority of the stock of which is owned by the Government of the United States) whose post of duty is in the continental United States unless such person: (1) is a citizen of the United States; (2) is a person in the service of the United States on the date of the enactment of this Act who, being eligible for citizenship, has filed a declaration of intention to become a citizen of the United States prior to such date and is actually residing in the United States; (3) is a person who owes allegiance to the United States; (4) is an alien from Cuba, Poland, South Vietnam, the countries of the former Soviet Union, or the Baltic countries lawfully admitted to the United States for permanent residence; (5) is a South Vietnamese, Cambodian, or Laotian refugee paroled in the United States after January 1, 1975; or (6) is a national of the People’s Republic of China who qualifies for adjustment of status pursuant to the Chinese Student Protection Act of 1992 (
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.CommentsClose CommentsPermalink
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:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) Other Federal agency environmental management programs, including, but not limited to, the development and implementation of hazardous waste management and pollution prevention programs.CommentsClose CommentsPermalink
(3) Other employee programs as authorized by law or as deemed appropriate by the head of the Federal agency.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
(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; andCommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) the percentage adjustment taking effect in fiscal year 2009 under
(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.CommentsClose CommentsPermalink
(b) Notwithstanding any other provision of law, no prevailing rate employee described in subparagraph (B) or (C) of
(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.CommentsClose CommentsPermalink
(d) Notwithstanding any other provision of law, rates of premium pay for employees subject to this section may not be changed from the rates in effect on September 30, 2008, except to the extent determined by the Office of Personnel Management to be consistent with the purpose of this section.CommentsClose CommentsPermalink
(e) This section shall apply with respect to pay for service performed after September 30, 2008.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 711. During the period in which the head of any department or agency, or any other officer or civilian employee of the Federal Government appointed by the President of the United States, holds office, no funds may be obligated or expended in excess of $5,000 to furnish or redecorate the office of such department head, agency head, officer, or employee, or to purchase furniture or make improvements for any such office, unless advance notice of such furnishing or redecoration is expressly approved by the Committees on Appropriations of the House of Representatives and the Senate. For the purposes of this section, the term ‘office’ shall include the entire suite of offices assigned to the individual, as well as any other space used primarily by the individual or the use of which is directly controlled by the individual.CommentsClose CommentsPermalink
SEC. 712. Notwithstanding
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
(b) The provisions of this section shall not apply to Federal employees or members of the armed forces detailed to or from--CommentsClose CommentsPermalink
(1) the Central Intelligence Agency;CommentsClose CommentsPermalink
(2) the National Security Agency;CommentsClose CommentsPermalink
(3) the Defense Intelligence Agency;CommentsClose CommentsPermalink
(4) the National Geospatial-Intelligence Agency;CommentsClose CommentsPermalink
(5) the offices within the Department of Defense for the collection of specialized national foreign intelligence through reconnaissance programs;CommentsClose CommentsPermalink
(6) the Bureau of Intelligence and Research of the Department of State;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(8) the Director of National Intelligence or the Office of the Director of National Intelligence.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(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; orCommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(1) does not meet identified needs for knowledge, skills, and abilities bearing directly upon the performance of official duties;CommentsClose CommentsPermalink
(2) contains elements likely to induce high levels of emotional response or psychological stress in some participants;CommentsClose CommentsPermalink
(3) does not require prior employee notification of the content and methods to be used in the training and written end of course evaluation;CommentsClose CommentsPermalink
(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; orCommentsClose CommentsPermalink
(5) is offensive to, or designed to change, participants’ personal values or lifestyle outside the workplace.CommentsClose CommentsPermalink
(b) Nothing in this section shall prohibit, restrict, or otherwise preclude an agency from conducting training bearing directly upon the performance of official duties.CommentsClose CommentsPermalink
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;
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 719. None of the funds made available in this Act or any other Act may be used to provide any non-public information such as mailing or telephone lists to any person or any organization outside of the Federal Government without the approval of the Committees on Appropriations of the House of Representatives and the Senate.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 721. (a) In this section, the term ‘agency’--CommentsClose CommentsPermalink
(1) means an Executive agency, as defined under
(2) includes a military department, as defined under section 102 of such title, the Postal Service, and the Postal Regulatory Commission; andCommentsClose CommentsPermalink
(3) shall not include the Government Accountability Office.CommentsClose CommentsPermalink
(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
SEC. 722. Notwithstanding
(TRANSFER OF FUNDS)
SEC. 723. Notwithstanding
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.CommentsClose CommentsPermalink
SEC. 725. Notwithstanding
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.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(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; orCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(b) EXCEPTIONS- The limitations established in subsection (a) shall not apply to--CommentsClose CommentsPermalink
(1) any record of aggregate data that does not identify particular persons;CommentsClose CommentsPermalink
(2) any voluntary submission of personally identifiable information;CommentsClose CommentsPermalink
(3) any action taken for law enforcement, regulatory, or supervisory purposes, in accordance with applicable law; orCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c) DEFINITIONS- For the purposes of this section:CommentsClose CommentsPermalink
(1) The term ‘regulatory’ means agency actions to implement, interpret or enforce authorities provided in law.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 728. (a) None of the funds appropriated by this Act may be used to enter into or renew a contract which includes a provision providing prescription drug coverage, except where the contract also includes a provision for contraceptive coverage.CommentsClose CommentsPermalink
(b) Nothing in this section shall apply to a contract with--CommentsClose CommentsPermalink
(1) any of the following religious plans:CommentsClose CommentsPermalink
(A) Personal Care’s HMO; andCommentsClose CommentsPermalink
(B) OSF HealthPlans, Inc.; andCommentsClose CommentsPermalink
(2) any existing or future plan, if the carrier for the plan objects to such coverage on the basis of religious beliefs.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(d) Nothing in this section shall be construed to require coverage of abortion or abortion-related services.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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).CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 733. (a) For fiscal year 2009, no funds shall be available for transfers or reimbursements to the E-Government initiatives sponsored by the Office of Management and Budget prior to 15 days following submission of a report to the Committees on Appropriations by the Director of the Office of Management and Budget and receipt of approval to transfer funds by the House and Senate Committees on Appropriations.CommentsClose CommentsPermalink
(b) The report in (a) and other required justification materials shall include at a minimum--CommentsClose CommentsPermalink
(1) a description of each initiative including but not limited to its objectives, benefits, development status, risks, cost effectiveness (including estimated net costs or savings to the government), and the estimated date of full operational capability;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 734. Notwithstanding
SEC. 735. Section 739 of division D of the Consolidated Appropriations Act, 2008 (
‘(b) GUIDELINES ON INSOURCING NEW AND CONTRACTED OUT FUNCTIONS-CommentsClose CommentsPermalink
‘(1) GUIDELINES REQUIRED-CommentsClose CommentsPermalink
‘(A) The heads of executive agencies subject to the Federal Activities Inventory Reform Act (
Public Law 105-270 ), shall devise and implement guidelines and procedures to ensure that consideration is given to using, on a regular basis, Federal employees to perform new functions and functions that are performed by contractors and could be performed by Federal employees.CommentsClose CommentsPermalink‘(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.CommentsClose CommentsPermalink
‘(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 thatCommentsClose CommentsPermalink
‘(A) is performed by a contractor and--CommentsClose CommentsPermalink
‘(i) has been performed by Federal employees at any time during the previous 10 years;CommentsClose CommentsPermalink
‘(ii) is a function closely associated with the performance of an inherently governmental function;CommentsClose CommentsPermalink
‘(iii) has been performed pursuant to a contract awarded on a non-competitive basis; orCommentsClose CommentsPermalink
‘(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; orCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(A) in the case of a new agency function, assigning the performance of the function to Federal employees;CommentsClose CommentsPermalink
‘(B) in the case of any agency function described in subsection (2), converting the function to performance by Federal employees; orCommentsClose CommentsPermalink
‘(C) in the case of an agency function performed by Federal employees, expanding the scope of the function.CommentsClose CommentsPermalink
‘(4) DEADLINE-CommentsClose CommentsPermalink
‘(A) The head of each executive agency shall implement the guidelines and procedures required under this section by not later than 120 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
‘(B) Not later than 210 days after the date of the enactment of this Act, the Government Accountability Office shall submit a report on the implementation of this subsection to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate.CommentsClose CommentsPermalink
‘(5) DEFINITIONS- In this section:CommentsClose CommentsPermalink
‘(A) The term ‘inherently governmental functions’ has the meaning given such term in subpart 7.5 of part 7 of the Federal Acquisition Regulation.CommentsClose CommentsPermalink
‘(B) The term ‘functions closely associated with inherently governmental functions’ means the functions described in section 7.503(d) of the Federal Acquisition Regulation.CommentsClose CommentsPermalink
‘(6) APPLICABILITY- This subsection shall not apply to the Department of Defense.’.CommentsClose CommentsPermalink
SEC. 736. Section 739(a)(1) of division D of the Consolidated Appropriations Act, 2008 (
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.CommentsClose CommentsPermalink
SEC. 738. (a) The adjustment in rates of basic pay for employees under the statutory pay systems that takes effect in fiscal year 2009 under sections 5303 and 5304 of title 5, United States Code, shall be an increase of 3.9 percent, and this adjustment shall apply to civilian employees in the Department of Homeland Security and shall apply to civilian employees in the Department of Defense who are represented by a labor organization as defined in
(b) Notwithstanding section 710 of this Act, the adjustment in rates of basic pay for the statutory pay systems that take place in fiscal year 2009 under sections 5344 and 5348 of title 5, United States Code, shall be no less than the percentage in subsection (a) as employees in the same location whose rates of basic pay are adjusted pursuant to the statutory pay systems under section 5303 and 5304 of title 5, United States Code. Prevailing rate employees at locations where there are no employees whose pay is increased pursuant to sections 5303 and 5304 of title 5 and prevailing rate employees described in section 5343(a)(5) of title 5 shall be considered to be located in the pay locality designated as ‘Rest of U.S.’ pursuant to section 5304 of title 5 for purposes of this subsection.CommentsClose CommentsPermalink
(c) Funds used to carry out this section shall be paid from appropriations, which are made to each applicable department or agency for salaries and expenses for fiscal year 2009.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 740. None of the funds made available in this Act may be used in contravention of
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 (
SEC. 742. CROSSCUT BUDGET. (a) DEFINITIONS- For purposes of this section the following definitions apply:CommentsClose CommentsPermalink
(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 (
(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.CommentsClose CommentsPermalink
(b) REPORT- Not later than 30 days after submission of the budget of the President to Congress, the Director of the Office of Management and Budget, in coordination with the Governor of each Great Lakes State and the Great Lakes Interagency Task Force, shall submit to the appropriate authorizing and appropriating committees of the Senate and the House of Representatives a financial report, certified by the Secretary of each agency that has budget authority for Great Lakes restoration activities, containing--CommentsClose CommentsPermalink
(1) an interagency budget crosscut report that--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(B) identifies all expenditures since fiscal year 2004 by the Federal Government and State governments for Great Lakes restoration activities;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(4) a listing of all projects to be undertaken in the upcoming fiscal year with the Federal portion of funds for activities.CommentsClose CommentsPermalink
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 (
(b) WAIVERS-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) REPORT TO CONGRESS- Any Secretary issuing a waiver under paragraph (1) shall report such issuance to Congress.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 745. (a) None of the funds available under this or any other Act may be used to carry out a public-private competition or direct conversion under Office of Management and Budget (OMB) Circular A-76, or any successor regulation, directive or policy, relating to the Human Resources Lines of Business initiative until 60 days after the Director of the Office of Management and Budget submits to the Committees on Appropriations of the House of Representatives and the Senate a report on the use of public-private competitions and direct conversion to contractor performance as part of the Human Resources Lines of Business initiative.CommentsClose CommentsPermalink
(b) The report required by this section shall address the following:CommentsClose CommentsPermalink
(1) The role, if any, that public-private competitions under Circular A-76 or direct conversions to contractor performance are expected to play as part of the Human Resources Lines of Business initiative.CommentsClose CommentsPermalink
(2) The expected impact, if any, of the initiative on employment levels at the Federal agencies involved or across the Federal Government as a whole.CommentsClose CommentsPermalink
(3) An estimate of the annual and recurring savings the initiative is expected to generate and a description of the methodology used to derive that estimate.CommentsClose CommentsPermalink
(4) An estimate of the total transition costs attributable to the initiative.CommentsClose CommentsPermalink
(5) Guidance for use by agencies in evaluating the benefits of the initiative and in developing alternative strategies should expected benefits fail to materialize.CommentsClose CommentsPermalink
(c) The Director of the Office of Management and Budget shall provide a copy of the report to the Government Accountability Office at the same time the report is submitted to the Committees on Appropriations of the House of Representatives and the Senate. The Government Accountability Office shall review the report and brief the Committees on its views concerning the report within 45 days after receiving the report from the Director.CommentsClose CommentsPermalink
SEC. 746. No later than 120 days after enactment of this Act, the Office of Management and Budget shall submit a status report on the pilot program, established under section 748 of division D of
SEC. 747. Notwithstanding
SEC. 748. Effective after January 20, 2009, and for each fiscal year thereafter, no part of any appropriation contained in this or any other Act may be used for the payment of services to any individual for the filling of any position in an acting capacity if a nomination for that individual to that position has been submitted to the Senate but returned to the President under Rule XXXI of the Standing Rules of the Senate without confirmation.CommentsClose CommentsPermalink
SEC. 749. None of the funds made available by this or any other Act may be used to implement, administer, enforce, or apply the rule entitled ‘Competitive Area’ published by the Office of Personnel Management in the Federal Register on April 15, 2008 (73 Fed. Reg. 20180 et seq.).CommentsClose CommentsPermalink
SEC. 750. NONREDUCTION IN PAY WHILE FEDERAL EMPLOYEE IS PERFORMING ACTIVE SERVICE IN THE UNIFORMED SERVICES OR NATIONAL GUARD. (a) IN GENERAL- Subchapter IV of chapter 55 of title 5, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink
‘Sec. 5538. Nonreduction in pay while serving in the uniformed services or National Guard
‘(a) An employee who is absent from a position of employment with the Federal Government in order to perform active duty in the uniformed services pursuant to a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10 shall be entitled, while serving on active duty, to receive, for each pay period described in subsection (b), an amount equal to the amount by which--CommentsClose CommentsPermalink
‘(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)CommentsClose CommentsPermalink
‘(2) the amount of pay and allowances which (as determined under subsection (d))--CommentsClose CommentsPermalink
‘(A) is payable to such employee for that service; andCommentsClose CommentsPermalink
‘(B) is allocable to such pay period.CommentsClose CommentsPermalink
‘(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)--CommentsClose CommentsPermalink
‘(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)); andCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(2) For purposes of this section, the period during which an employee is entitled to reemployment rights under chapter 43 of title 38--CommentsClose CommentsPermalink
‘(A) shall be determined disregarding the provisions of section 4312(d) of title 38; andCommentsClose CommentsPermalink
‘(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).CommentsClose CommentsPermalink
‘(c) Any amount payable under this section to an employee shall be paid--CommentsClose CommentsPermalink
‘(1) by such employee’s employing agency;CommentsClose CommentsPermalink
‘(2) from the appropriation or fund which would be used to pay the employee if such employee were in a pay status; andCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(f) For purposes of this section--CommentsClose CommentsPermalink
‘(1) the terms ‘employee’, ‘Federal Government’, and ‘uniformed services’ have the same respective meanings as given those terms in section 4303 of title 38;CommentsClose CommentsPermalink
‘(2) the term ‘employing agency’, as used with respect to an employee entitled to any payments under this section, means the agency or other entity of the Government (including an agency referred to in section 2302(a)(2)(C)(ii)) with respect to which such employee has reemployment rights under chapter 43 of title 38; andCommentsClose CommentsPermalink
‘(3) the term ‘basic pay’ includes any amount payable under section 5304.’.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
‘5538. Nonreduction in pay while serving in the uniformed services or National Guard.’.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalinkSEC. 751. Each budget justification submitted to Congress for fiscal year 2010 shall include a section titled ‘Administration of Congressionally Directed Funding’ for each department or agency. Within such section, the budget justification shall describe the extent to which the department or agency proposes to provide less than 100 percent funding of congressionally directed projects to congressionally directed recipients, should the Congress provide such funds. Information included in this section shall include the percentage the agency or department proposes to redirect from each congressionally directed project, purposes such redirected funding would be used for, and the authority under which such redirected spending would occur. The absence of congressionally directed funding in a fiscal year 2010 budget proposal shall not exempt any department or agency from including the information required under this section in its fiscal year 2010 budget justification.CommentsClose CommentsPermalink
SEC. 752. Except as expressly provided otherwise, any reference to ‘this Act’ contained in any title other than title IV or VIII shall not apply to such title IV or VIII.CommentsClose CommentsPermalink
SEC. 753. Not later than 120 days after enactment of this Act, each executive department and agency shall submit to the Director of the Office of Management and Budget a report stating the total size of its workforce, differentiated by number of civilian, military, and contract workers as of December 31, 2008. Not later than 180 days after enactment of this Act, the Director of the Office of Management and Budget shall submit to the Committee a comprehensive statement delineating the workforce data by individual department and agency, as well as aggregate totals of civilian, military, and contract workers.CommentsClose CommentsPermalink
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
SEC. 801. Whenever in this Act, an amount is specified within an appropriation for particular purposes or objects of expenditure, such amount, unless otherwise specified, shall be considered as the maximum amount that may be expended for said purpose or object rather than an amount set apart exclusively therefor.CommentsClose CommentsPermalink
SEC. 802. Appropriations in this Act shall be available for expenses of travel and for the payment of dues of organizations concerned with the work of the District of Columbia government, when authorized by the Mayor, or, in the case of the Council of the District of Columbia, funds may be expended with the authorization of the Chairman of the Council.CommentsClose CommentsPermalink
SEC. 803. There are appropriated from the applicable funds of the District of Columbia such sums as may be necessary for making refunds and for the payment of legal settlements or judgments that have been entered against the District of Columbia government.CommentsClose CommentsPermalink
SEC. 804. (a) None of the Federal funds provided in this Act shall be used for publicity or propaganda purposes or implementation of any policy including boycott designed to support or defeat legislation pending before Congress or any State legislature.CommentsClose CommentsPermalink
(b) The District of Columbia may use local funds provided in this title to carry out lobbying activities on any matter.CommentsClose CommentsPermalink
SEC. 805. (a) None of the funds provided under this Act to the agencies funded by this Act, both Federal and District government agencies, that remain available for obligation or expenditure in fiscal year 2009, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditures for an agency through a reprogramming of funds which--CommentsClose CommentsPermalink
(1) creates new programs;CommentsClose CommentsPermalink
(2) eliminates a program, project, activity, or responsibility center;CommentsClose CommentsPermalink
(3) establishes or changes allocations specifically denied, limited or increased under this Act;CommentsClose CommentsPermalink
(4) increases funds or personnel by any means for any program, project, activity, or responsibility center for which funds have been denied or restricted;CommentsClose CommentsPermalink
(5) reestablishes any program or project previously deferred through reprogramming;CommentsClose CommentsPermalink
(6) augments any existing program, project, activity, or responsibility center through a reprogramming of funds in excess of $3,000,000 or 10 percent, whichever is less; orCommentsClose CommentsPermalink
(7) increases by 20 percent or more personnel assigned to a specific program, project, activity, or responsibility center,CommentsClose CommentsPermalink
unless in the case of Federal funds, the Committees on Appropriations of the House of Representatives and the Senate are notified in writing 15 days in advance of the reprogramming and in the case of local funds, the Committees on Appropriations of the House of Representatives and the Senate are provided summary reports on April 1, 2009 and October 1, 2009, setting forth detailed information regarding each such local funds reprogramming conducted subject to this subsection.CommentsClose CommentsPermalink
(b) None of the local funds contained in this Act may be available for obligation or expenditure for an agency through a transfer of any local funds in excess of $3,000,000 from one appropriation heading to another unless the Committees on Appropriations of the House of Representatives and the Senate are provided summary reports on April 1, 2009 and October 1, 2009, setting forth detailed information regarding each reprogramming conducted subject to this subsection, except that in no event may the amount of any funds transferred exceed 4 percent of the local funds in the appropriations: Provided, That this subsection shall not apply to any reprogramming submitted to the Council within 30 calendar days of the date of the enactment of this Act.CommentsClose CommentsPermalink
(c) The District of Columbia Government is authorized to approve and execute reprogramming and transfer requests of local funds under this title through November 1, 2009: Provided, That any reprogramming submitted pursuant to this subsection in excess of $1,000,000 shall be submitted to the Council prior to the close of business on September 30, 2009.CommentsClose CommentsPermalink
SEC. 806. Consistent with the provisions of
SEC. 807. No later than 30 days after the end of the first quarter of fiscal year 2009, the Mayor of the District of Columbia shall submit to the Council of the District of Columbia and the Committees on Appropriations of the House of Representatives and the Senate the new fiscal year 2009 revenue estimates as of the end of such quarter. These estimates shall be used in the budget request for fiscal year 2010. The officially revised estimates at midyear shall be used for the midyear report.CommentsClose CommentsPermalink
SEC. 808. None of the Federal funds provided in this Act may be used by the District of Columbia to provide for salaries, expenses, or other costs associated with the offices of United States Senator or United States Representative under section 4(d) of the District of Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C. Law 3-171; D.C. Official Code, sec. 1-123).CommentsClose CommentsPermalink
SEC. 809. None of the Federal funds made available in this Act may be used to implement or enforce the Health Care Benefits Expansion Act of 1992 (D.C. Law 9-114; D.C. Official Code, sec. 32-701 et seq.) or to otherwise implement or enforce any system of registration of unmarried, cohabiting couples, including but not limited to registration for the purpose of extending employment, health, or governmental benefits to such couples on the same basis that such benefits are extended to legally married couples.CommentsClose CommentsPermalink
SEC. 810. (a) Section 446B(f) of the District of Columbia Home Rule Act (sec. 1-204.46b(f), D.C. Official Code) is amended by striking ‘fiscal years 2006 through 2008’ and inserting ‘fiscal year 2006 and each succeeding fiscal year’.CommentsClose CommentsPermalink
(b) The amendment made by subsection (a) shall take effect as if included in the enactment of the 2005 District of Columbia Omnibus Authorization Act.CommentsClose CommentsPermalink
SEC. 811. Except as otherwise provided in this section, none of the funds made available by this Act or by any other Act may be used to provide any officer or employee of the District of Columbia with an official vehicle unless the officer or employee uses the vehicle only in the performance of the officer’s or employee’s official duties. For the purposes of this section, the term ‘official duties’ does not include travel between the officer’s or employee’s residence and workplace, except in the case of--CommentsClose CommentsPermalink
(1) an officer or employee of the Metropolitan Police Department who resides in the District of Columbia or is otherwise designated by the Chief of Police;CommentsClose CommentsPermalink
(2) at the discretion of the Fire Chief, an officer or employee of the District of Columbia Fire and Emergency Medical Services Department who resides in the District of Columbia and is on call 24 hours a day or is otherwise designated by the Fire Chief;CommentsClose CommentsPermalink
(3) at the discretion of the Director of the Department of Corrections, an officer or employee of the District of Columbia Department of Corrections who resides in the District of Columbia and is on call 24 hours a day or is otherwise designated by the Director;CommentsClose CommentsPermalink
(4) the Mayor of the District of Columbia; andCommentsClose CommentsPermalink
(5) the Chairman of the Council of the District of Columbia.CommentsClose CommentsPermalink
SEC. 812. (a) None of the Federal funds contained in this Act may be used by the District of Columbia Attorney General or any other officer or entity of the District government to provide assistance for any petition drive or civil action which seeks to require Congress to provide for voting representation in Congress for the District of Columbia.CommentsClose CommentsPermalink
(b) Nothing in this section bars the District of Columbia Attorney General from reviewing or commenting on briefs in private lawsuits, or from consulting with officials of the District government regarding such lawsuits.CommentsClose CommentsPermalink
SEC. 813. None of the Federal funds contained in this Act may be used for any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug.CommentsClose CommentsPermalink
SEC. 814. None of the funds contained in this Act may be used after the expiration of the 60-day period that begins on the date of the enactment of this Act to pay the salary of any chief financial officer of any office of the District of Columbia government (including any independent agency of the District of Columbia) who has not filed a certification with the Mayor and the Chief Financial Officer of the District of Columbia that the officer understands the duties and restrictions applicable to the officer and the officer’s agency as a result of this Act (and the amendments made by this Act), including any duty to prepare a report requested either in the Act or in any of the reports accompanying the Act and the deadline by which each report must be submitted: Provided, That the Chief Financial Officer of the District of Columbia shall provide to the Committees on Appropriations of the House of Representatives and the Senate by April 1, 2009 and October 1, 2009, a summary list showing each report, the due date, and the date submitted to the Committees.CommentsClose CommentsPermalink
SEC. 815. Nothing in this Act may be construed to prevent the Council or Mayor of the District of Columbia from addressing the issue of the provision of contraceptive coverage by health insurance plans, but it is the intent of Congress that any legislation enacted on such issue should include a ‘conscience clause’ which provides exceptions for religious beliefs and moral convictions.CommentsClose CommentsPermalink
SEC. 816. The Mayor of the District of Columbia shall submit to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate annual reports addressing--CommentsClose CommentsPermalink
(1) crime, including the homicide rate, implementation of community policing, the number of police officers on local beats, and the closing down of open-air drug markets;CommentsClose CommentsPermalink
(2) access to substance and alcohol abuse treatment, including the number of treatment slots, the number of people served, the number of people on waiting lists, and the effectiveness of treatment programs, the retention rates in treatment programs, and the recidivism/re-arrest rates for treatment participants;CommentsClose CommentsPermalink
(3) management of parolees and pre-trial violent offenders, including the number of halfway houses escapes and steps taken to improve monitoring and supervision of halfway house residents to reduce the number of escapes to be provided in consultation with the Court Services and Offender Supervision Agency for the District of Columbia;CommentsClose CommentsPermalink
(4) education, including access to special education services and student achievement to be provided in consultation with the District of Columbia Public Schools and the District of Columbia public charter schools, repeated grade rates, high school graduation rates, post-secondary education attendance rates, and teen pregnancy rates;CommentsClose CommentsPermalink
(5) improvement in basic District services, including rat control and abatement;CommentsClose CommentsPermalink
(6) application for and management of Federal grants, including the number and type of grants for which the District was eligible but failed to apply and the number and type of grants awarded to the District but for which the District failed to spend the amounts received;CommentsClose CommentsPermalink
(7) indicators of child and family well-being including child living arrangements by family structure, number of children aging out of foster care, poverty rates by family structure, crime by family structure, marriage rates by income quintile, and out-of-wedlock births; andCommentsClose CommentsPermalink
(8) employment, including job status and participation in assistance programs by income, education and family structure.CommentsClose CommentsPermalink
Sec. 817. (a) Notwithstanding section 615(i)(3)(B) of the Individuals With Disabilities Education Act (
(1) to pay the fees of an attorney who represents a party in or defends an IDEA proceeding which was initiated prior to the date of the enactment of this Act in an amount in excess of $4,000 for that proceeding; orCommentsClose CommentsPermalink
(2) to pay the fees of an attorney or firm who represents a party in or defends an IDEA proceeding which was initiated prior to the date of the enactment of this Act if the Chief Financial Officer of the District of Columbia determines that the attorney or firm has a pecuniary interest (either directly or through an attorney, officer, or employee of the firm) in any special education diagnostic services or schools or other special education service providers.CommentsClose CommentsPermalink
(b) In this section, the term ‘IDEA proceeding’ means any action or administrative proceeding (including any ensuing or related proceedings before a court of competent jurisdiction) brought against the District of Columbia Public Schools under the Individuals with Disabilities Education Act (
SEC. 818. Beginning in fiscal year 2009 and each fiscal year thereafter, the amount appropriated to the District of Columbia may be increased by no more than $100,000,000 from funds identified in the annual comprehensive annual financial report as the District’s immediately preceding fiscal year’s unexpended general fund surplus. The District may obligate and expend these amounts only in accordance with the following conditions:CommentsClose CommentsPermalink
(1) The Chief Financial Officer of the District of Columbia shall certify that the use of any such amounts is not anticipated to have a negative impact on the District’s long-term financial, fiscal, and economic vitality.CommentsClose CommentsPermalink
(2) The District of Columbia may only use these funds for the following expenditures:CommentsClose CommentsPermalink
(A) One-time expenditures.CommentsClose CommentsPermalink
(B) Expenditures to avoid deficit spending.CommentsClose CommentsPermalink
(C) Debt Reduction.CommentsClose CommentsPermalink
(D) Program needs.CommentsClose CommentsPermalink
(E) Expenditures to avoid revenue shortfalls.CommentsClose CommentsPermalink
(3) The amounts shall be obligated and expended in accordance with laws enacted by the Council in support of each such obligation or expenditure.CommentsClose CommentsPermalink
(4) The amounts may not be used to fund the agencies of the District of Columbia government under court ordered receivership.CommentsClose CommentsPermalink
(5) The amounts may not be obligated or expended unless the Mayor notifies the Committees on Appropriations of the House of Representatives and the Senate not fewer than 15 days in advance of the obligation or expenditure.CommentsClose CommentsPermalink
SEC. 819. (a) Beginning in fiscal year 2009 and each fiscal year thereafter, consistent with revenue collections, the amount appropriated as District of Columbia Funds may be increased--CommentsClose CommentsPermalink
(1) by an aggregate amount of not more than 25 percent, in the case of amounts proposed to be allocated as ‘Other-Type Funds’ in the annual Proposed Budget and Financial Plan submitted to Congress by the District of Columbia; andCommentsClose CommentsPermalink
(2) by an aggregate amount of not more than 6 percent, in the case of any other amounts proposed to be allocated in such Proposed Budget and Financial Plan.CommentsClose CommentsPermalink
(b) The District of Columbia may obligate and expend any increase in the amount of funds authorized under this section only in accordance with the following conditions:CommentsClose CommentsPermalink
(1) The Chief Financial Officer of the District of Columbia shall certify--CommentsClose CommentsPermalink
(A) the increase in revenue; andCommentsClose CommentsPermalink
(B) that the use of the amounts is not anticipated to have a negative impact on the long-term financial, fiscal, or economic health of the District.CommentsClose CommentsPermalink
(2) The amounts shall be obligated and expended in accordance with laws enacted by the Council of the District of Columbia in support of each such obligation and expenditure, consistent with the requirements of this Act.CommentsClose CommentsPermalink
(3) The amounts may not be used to fund any agencies of the District government operating under court-ordered receivership.CommentsClose CommentsPermalink
(4) The amounts may not be obligated or expended unless the Mayor has notified the Committees on Appropriations of the House of Representatives and the Senate not fewer than 15 days in advance of the obligation or expenditure.CommentsClose CommentsPermalink
SEC. 820. Beginning in fiscal year 2009 and each fiscal year thereafter, the Chief Financial Officer for the District of Columbia may, for the purpose of cash flow management, conduct short-term borrowing from the emergency reserve fund and from the contingency reserve fund established under section 450A of the District of Columbia Home Rule Act, approved November 22, 2000 (114 Stat. 2440; D.C. Official Code Sec. 1-204.50a): Provided, That the amount borrowed shall not exceed 50 percent of the total amount of funds contained in both the emergency and contingency reserve funds at the time of borrowing: Provided further, That the borrowing shall not deplete either fund by more than 50 percent: Provided further, That 100 percent of the funds borrowed shall be replenished within 9 months of the time of the borrowing or by the end of the fiscal year, whichever occurs earlier: Provided further, That in the event that short-term borrowing has been conducted and the emergency or the contingency reserve funds are later depleted below 50 percent as a result of an emergency or contingency, an amount equal to the amount necessary to restore reserve levels to 50 percent of the total amount of funds contained in both the emergency and contingency reserve fund must be replenished from the amount borrowed within 60 days.CommentsClose CommentsPermalink
SEC. 821. (a) None of the funds contained in this Act may be used to enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act (
(b) The Legalization of Marijuana for Medical Treatment Initiative of 1998, also known as Initiative 59, approved by the electors of the District of Columbia on November 3, 1998, shall not take effect.CommentsClose CommentsPermalink
SEC. 822. None of the funds appropriated under this Act shall be expended for any abortion except where the life of the mother would be endangered if the fetus were carried to term or where the pregnancy is the result of an act of rape or incest.CommentsClose CommentsPermalink
SEC. 823. Amounts appropriated in this Act as operating funds may be transferred to the District of Columbia’s enterprise and capital funds and such amounts, once transferred shall retain appropriation authority consistent with the provisions of this Act.CommentsClose CommentsPermalink
SEC. 824. Notwithstanding section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code Sec. 1-206.02(c)(1)), the Income Tax Secured Bond Authorization Act of 2008, as introduced on May 6, 2008 (D.C. Bill 17-741), shall take effect on the date of its enactment by the District of Columbia.CommentsClose CommentsPermalink
SEC. 825. (a) INCREASE IN THE HOURLY RATE FOR ATTORNEYS REPRESENTING INDIGENT DEFENDANTS IN THE DISTRICT OF COLUMBIA COURTS- Section 11-2604(a), District of Columbia Official Code, is amended by striking ‘$65 per hour’ and inserting ‘$90 per hour’.CommentsClose CommentsPermalink
(b) INCREASE IN CAPS ON TOTAL COMPENSATION PAID FOR PARTICULAR CASES- Section 11-2604(b), District of Columbia Official Code, is amended to read as follows:CommentsClose CommentsPermalink
‘(b) The compensation to be paid to an attorney appointed pursuant to this chapter shall not exceed the following maximum amounts--CommentsClose CommentsPermalink
‘(1) For representation of a defendant before the Superior Court of the District of Columbia for misdemeanors or felonies, the maximum amount set forth in
section 3006A(d)(2) of title 18, United States Code , for representation of a defendant before the United States magistrate judge or the district court for misdemeanors or felonies (as the case may be).CommentsClose CommentsPermalink‘(2) For representation of a defendant before the District of Columbia Court of Appeals, the maximum amount set forth in
section 3006A(d)(2) of title 18, United States Code , for representation of a defendant in an appellate court.CommentsClose CommentsPermalink‘(3) For representation of a defendant in post-trial matters for misdemeanors or felonies, the amount applicable under paragraph (1) for misdemeanors or felonies (as the case may be).’.CommentsClose CommentsPermalink
(c) SPECIAL RULE FOR COMPENSATION OF ATTORNEYS IN NEGLECT AND TERMINATION OF PARENTAL RIGHTS PROCEEDINGS- Section 16-2326.01(b), District of Columbia Official Code, is amended--CommentsClose CommentsPermalink
(1) in paragraph (1), by striking ‘$1,600’ and inserting ‘$1,980’;CommentsClose CommentsPermalink
(2) in paragraph (2), by striking ‘$1,600’ and inserting ‘$1,980’;CommentsClose CommentsPermalink
(3) in paragraph (3), by striking ‘$2,200’ and inserting ‘$2,700’; andCommentsClose CommentsPermalink
(4) in paragraph (4), by striking ‘$1,100’ and inserting ‘$1,350’.CommentsClose CommentsPermalink
(d) EFFECTIVE DATE- The amendments made by this section shall apply with respect to cases and proceedings initiated on or after the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 826. Except as expressly provided otherwise, any reference to ‘this Act’ contained in this title or in title IV shall be treated as referring only to the provisions of this title or of title IV.CommentsClose CommentsPermalink
This Act may be cited as the ‘Financial Services and General Government Appropriations Act, 2009’.CommentsClose CommentsPermalink
Calendar No. 877CommentsClose CommentsPermalink
110th CONGRESSCommentsClose CommentsPermalink
2d SessionCommentsClose CommentsPermalink
S. 3260CommentsClose CommentsPermalink
[Report No. 110-417]CommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
Making appropriations for financial services and general government for the fiscal year ending September 30, 2009, and for other purposes.CommentsClose CommentsPermalink
July 14, 2008CommentsClose CommentsPermalink
Read twice and placed on the calendarCommentsClose CommentsPermalink
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