U.S. Congress - Text of H.R.1105 as Enrolled Bill Omnibus Appropriations Act of 2009
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Donate NowH.R.1105 - Omnibus Appropriations Act of 2009
Making omnibus appropriations for the fiscal year ending September 30, 2009, and for other purposes.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Introduced in House | 230,530 | n/a | n/a |
| Engrossed in House | 231,611 | 4 | 0% |
| Placed on Calendar Senate | 230,604 | 8 | 0% |
| Enrolled Bill | 223,689 | 8 Show Changes Hide Changes | 0% |
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HR 1105 PCS Calendar No. 26 111th CONGRESS 1st Session
IN THE SENATE OF THE UNITED STATES February 25, 2009 Received and read the first time February 26, 2009 Read the second time and placed on the calendar AN ACT
of theCommentsClose CommentsPermalink
United States of AmericaCommentsClose CommentsPermalink
AT THE FIRST SESSIONCommentsClose CommentsPermalink
Begun and held at the City of Washington on Tuesday,CommentsClose CommentsPermalink
the sixth day of January, two thousand and nineCommentsClose CommentsPermalink
An ActCommentsClose CommentsPermalink
Making omnibus appropriations 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
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Omnibus Appropriations Act, 2009’.CommentsClose CommentsPermalink
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title.CommentsClose CommentsPermalink
Sec. 2. Table of contents.CommentsClose CommentsPermalink
Sec. 3. References.CommentsClose CommentsPermalink
Sec. 4. Explanatory statement.CommentsClose CommentsPermalink
Sec. 5. Statement of appropriations.CommentsClose CommentsPermalink
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2009
Title I--Agricultural ProgramsCommentsClose CommentsPermalink
Title II--Conservation ProgramsCommentsClose CommentsPermalink
Title III--Rural Development ProgramsCommentsClose CommentsPermalink
Title IV--Domestic Food ProgramsCommentsClose CommentsPermalink
Title V--Foreign Assistance and Related ProgramsCommentsClose CommentsPermalink
Title VI--Related Agency and Food and Drug AdministrationCommentsClose CommentsPermalink
Title VII--General ProvisionsCommentsClose CommentsPermalink
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2009
Title I--Department of CommerceCommentsClose CommentsPermalink
Title II--Department of JusticeCommentsClose CommentsPermalink
Title III--ScienceCommentsClose CommentsPermalink
Title IV--Related AgenciesCommentsClose CommentsPermalink
Title V--General ProvisionsCommentsClose CommentsPermalink
DIVISION C--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 2009
Title I--Department of Defense--Civil: Department of the ArmyCommentsClose CommentsPermalink
Title II--Department of the InteriorCommentsClose CommentsPermalink
Title III--Department of EnergyCommentsClose CommentsPermalink
Title IV--Independent AgenciesCommentsClose CommentsPermalink
Title V--General ProvisionsCommentsClose CommentsPermalink
DIVISION D--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2009
Title I--Department of the TreasuryCommentsClose CommentsPermalink
Title II--Executive Office of the President and Funds Appropriated to the PresidentCommentsClose CommentsPermalink
Title III--The JudiciaryCommentsClose CommentsPermalink
Title IV--District of ColumbiaCommentsClose CommentsPermalink
Title V--Independent AgenciesCommentsClose CommentsPermalink
Title VI--General Provisions--This ActCommentsClose CommentsPermalink
Title VII--General Provisions--Government-wideCommentsClose CommentsPermalink
Title VIII--General Provisions--District of ColumbiaCommentsClose CommentsPermalink
DIVISION E--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2009
Title I--Department of the InteriorCommentsClose CommentsPermalink
Title II--Environmental Protection AgencyCommentsClose CommentsPermalink
Title III--Related AgenciesCommentsClose CommentsPermalink
Title IV--General ProvisionsCommentsClose CommentsPermalink
DIVISION F--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2009
Title I--Department of LaborCommentsClose CommentsPermalink
Title II--Department of Health and Human ServicesCommentsClose CommentsPermalink
Title III--Department of EducationCommentsClose CommentsPermalink
Title IV--Related AgenciesCommentsClose CommentsPermalink
Title V--General ProvisionsCommentsClose CommentsPermalink
Title VI--Afghan Allies Protection Act of 2009CommentsClose CommentsPermalink
DIVISION G--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2009
Title I--Legislative Branch AppropriationsCommentsClose CommentsPermalink
Title II--General ProvisionsCommentsClose CommentsPermalink
DIVISION H--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2009
Title I--Department of State and Related AgencyCommentsClose CommentsPermalink
Title II--United States Agency for International DevelopmentCommentsClose CommentsPermalink
Title III--Bilateral Economic AssistanceCommentsClose CommentsPermalink
Title IV--International Security AssistanceCommentsClose CommentsPermalink
Title V--Multilateral AssistanceCommentsClose CommentsPermalink
Title VI--Export and Investment AssistanceCommentsClose CommentsPermalink
Title VII--General ProvisionsCommentsClose CommentsPermalink
DIVISION I--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2009
Title I--Department of TransportationCommentsClose CommentsPermalink
Title II--Department of Housing and Urban DevelopmentCommentsClose CommentsPermalink
Title III--Related AgenciesCommentsClose CommentsPermalink
Title IV--General Provisions This ActCommentsClose CommentsPermalink
DIVISION J--FURTHER PROVISIONS RELATING TO THE DEPARTMENT OF HOMELAND SECURITY AND OTHER MATTERS
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this Act shall be treated as referring only to the provisions of that division.CommentsClose CommentsPermalink
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act printed in the House of Representatives section of the Congressional Record on or about February 23, 2009 by the Chairman of the Committee on Appropriations of the House shall have the same effect with respect to the allocation of funds and implementation of this Act as if it were a joint explanatory statement of a committee of conference.CommentsClose CommentsPermalink
SEC. 5. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2009.CommentsClose CommentsPermalink
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2009
TITLE I
AGRICULTURAL PROGRAMS
Production, Processing and Marketing
Office of the Secretary
For necessary expenses of the Office of the Secretary of Agriculture, $5,174,000: Provided, That not to exceed $11,000 of this amount shall be available for official reception and representation expenses, not otherwise provided for, as determined by the Secretary.CommentsClose CommentsPermalink
Executive Operations
OFFICE OF THE CHIEF ECONOMIST
For necessary expenses of the Office of the Chief Economist, $10,651,000.CommentsClose CommentsPermalink
NATIONAL APPEALS DIVISION
For necessary expenses of the National Appeals Division, $14,711,000.CommentsClose CommentsPermalink
office of budget and program analysis
For necessary expenses of the Office of Budget and Program Analysis, $9,054,000.CommentsClose CommentsPermalink
OFFICE OF HOMELAND SECURITY
For necessary expenses of the Office of Homeland Security, $974,000.CommentsClose CommentsPermalink
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information Officer, $17,527,000.CommentsClose CommentsPermalink
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial Officer, $5,954,000: Provided, That no funds made available by this appropriation may be obligated for FAIR Act or Circular A-76 activities until the Secretary has submitted to the Committees on Appropriations of both Houses of Congress and the Committee on Oversight and Government Reform of the House of Representatives a report on the Department’s contracting out policies, including agency budgets for contracting out.CommentsClose CommentsPermalink
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant Secretary for Civil Rights, $871,000.CommentsClose CommentsPermalink
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $21,551,000.CommentsClose CommentsPermalink
Office of the Assistant Secretary for Administration
For necessary expenses of the Office of the Assistant Secretary for Administration, $687,000.CommentsClose CommentsPermalink
Agriculture Buildings and Facilities and Rental Payments
(INCLUDING TRANSFERS OF FUNDS)
For payment of space rental and related costs pursuant to
Hazardous Materials Management
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Department of Agriculture, to comply with the Comprehensive Environmental Response, Compensation, and Liability Act (
Departmental Administration
(INCLUDING TRANSFERS OF FUNDS)
For Departmental Administration, $27,011,000, to provide for necessary expenses for management support services to offices of the Department and for general administration, security, repairs and alterations, and other miscellaneous supplies and expenses not otherwise provided for and necessary for the practical and efficient work of the Department: Provided, That this appropriation shall be reimbursed from applicable appropriations in this Act for travel expenses incident to the holding of hearings as required by
Office of the Assistant Secretary for Congressional Relations
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Office of the Assistant Secretary for Congressional Relations to carry out the programs funded by this Act, including programs involving intergovernmental affairs and liaison within the executive branch, $3,877,000: Provided, That these funds may be transferred to agencies of the Department of Agriculture funded by this Act to maintain personnel at the agency level: Provided further, That no funds made available by this appropriation may be obligated after 30 days from the date of enactment of this Act, unless the Secretary has notified the Committees on Appropriations of both Houses of Congress on the allocation of these funds by USDA agency: Provided further, That no other funds appropriated to the Department by this Act shall be available to the Department for support of activities of congressional relations.CommentsClose CommentsPermalink
Office of Communications
For necessary expenses of the Office of Communications, $9,514,000.CommentsClose CommentsPermalink
Office of Inspector General
For necessary expenses of the Office of Inspector General, including employment pursuant to the Inspector General Act of 1978, $85,766,000, including such sums as may be necessary for contracting and other arrangements with public agencies and private persons pursuant to section 6(a)(9) of the Inspector General Act of 1978, and including not to exceed $125,000 for certain confidential operational expenses, including the payment of informants, to be expended under the direction of the Inspector General pursuant to
Office of the General Counsel
For necessary expenses of the Office of the General Counsel, $41,620,000.CommentsClose CommentsPermalink
Office of the Under Secretary for Research, Education and Economics
For necessary expenses of the Office of the Under Secretary for Research, Education and Economics, $609,000.CommentsClose CommentsPermalink
Economic Research Service
For necessary expenses of the Economic Research Service, $79,500,000.CommentsClose CommentsPermalink
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics Service, $151,565,000, of which up to $37,265,000 shall be available until expended for the Census of Agriculture.CommentsClose CommentsPermalink
Agricultural Research Service
SALARIES AND EXPENSES
For necessary expenses of the Agricultural Research Service and for acquisition of lands by donation, exchange, or purchase at a nominal cost not to exceed $100, and for land exchanges where the lands exchanged shall be of equal value or shall be equalized by a payment of money to the grantor which shall not exceed 25 percent of the total value of the land or interests transferred out of Federal ownership, $1,140,406,000, of which $112,571,000 shall be for the purposes, and in the amounts, specified in the table titled ‘Agricultural Research Service, Salaries and Expenses, Congressionally-designated Projects’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, That appropriations hereunder shall be available for the operation and maintenance of aircraft and the purchase of not to exceed one for replacement only: Provided further, That appropriations hereunder shall be available pursuant to
BUILDINGS AND FACILITIES
For acquisition of land, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities as necessary to carry out the agricultural research programs of the Department of Agriculture, where not otherwise provided, $46,752,000, of which $46,752,000 shall be for the purposes, and in the amounts, specified in the table titled ‘Agricultural Research Service, Buildings and Facilities Congressionally-designated Projects’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), to remain available until expended.CommentsClose CommentsPermalink
Cooperative State Research, Education, and Extension Service
RESEARCH AND EDUCATION ACTIVITIES
For payments to agricultural experiment stations, for cooperative forestry and other research, for facilities, and for other expenses, $691,043,000, of which $113,275,000 shall be for the purposes, and in the amounts, specified in the table titled ‘Cooperative State Research, Education, and Extension Service, Research and Education Activities, Congressionally-designated Projects’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), as follows: to carry out the provisions of the Hatch Act of 1887 (
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
For the Native American Institutions Endowment Fund authorized by
EXTENSION ACTIVITIES
For payments to States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, Micronesia, the Northern Marianas, and American Samoa, $474,250,000, of which $9,388,000 shall be for the purposes, and in the amounts, specified in the table titled ‘Cooperative State Research, Education, and Extension Service, Extension Activities, Congressionally-designated Projects’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), as follows: payments for cooperative extension work under the Smith-Lever Act, to be distributed under sections 3(b) and 3(c) of said Act, and under section 208(c) of
INTEGRATED ACTIVITIES
For the integrated research, education, and extension grants programs, including necessary administrative expenses, $56,864,000, as follows: for competitive grants programs authorized under section 406 of the Agricultural Research, Extension, and Education Reform Act of 1998 (
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary for Marketing and Regulatory Programs, $737,000.CommentsClose CommentsPermalink
Animal and Plant Health Inspection Service
salaries and expenses
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Animal and Plant Health Inspection Service, including up to $30,000 for representation allowances and for expenses pursuant to the Foreign Service Act of 1980 (
In fiscal year 2009, the agency is authorized to collect fees to cover the total costs of providing technical assistance, goods, or services requested by States, other political subdivisions, domestic and international organizations, foreign governments, or individuals, provided that such fees are structured such that any entity’s liability for such fees is reasonably based on the technical assistance, goods, or services provided to the entity by the agency, and such fees shall be credited to this account, to remain available until expended, without further appropriation, for providing such assistance, goods, or services.CommentsClose CommentsPermalink
BUILDINGS AND FACILITIES
For plans, construction, repair, preventive maintenance, environmental support, improvement, extension, alteration, and purchase of fixed equipment or facilities, as authorized by
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing Service, $86,711,000: Provided, That this appropriation shall be available pursuant to law (
Fees may be collected for the cost of standardization activities, as established by regulation pursuant to law (
LIMITATION ON ADMINISTRATIVE EXPENSES
Not to exceed $62,888,000 (from fees collected) shall be obligated during the current fiscal year for administrative expenses: Provided, That if crop size is understated and/or other uncontrollable events occur, the agency may exceed this limitation by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress.CommentsClose CommentsPermalink
FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY (SECTION 32)
(INCLUDING TRANSFERS OF FUNDS)
Funds available under section 32 of the Act of August 24, 1935 (
PAYMENTS TO STATES AND POSSESSIONS
For payments to departments of agriculture, bureaus and departments of markets, and similar agencies for marketing activities under section 204(b) of the Agricultural Marketing Act of 1946 (
Grain Inspection, Packers and Stockyards Administration
salaries and expenses
For necessary expenses of the Grain Inspection, Packers and Stockyards Administration, $40,342,000: Provided, That this appropriation shall be available pursuant to law (
LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES
Not to exceed $42,463,000 (from fees collected) shall be obligated during the current fiscal year for inspection and weighing services: Provided, That if grain export activities require additional supervision and oversight, or other uncontrollable factors occur, this limitation may be exceeded by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress.CommentsClose CommentsPermalink
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary for Food Safety, $613,000.CommentsClose CommentsPermalink
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act, including not to exceed $50,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 (
Office of the Under Secretary for Farm and Foreign Agricultural Services
For necessary expenses of the Office of the Under Secretary for Farm and Foreign Agricultural Services, $646,000.CommentsClose CommentsPermalink
Farm Service Agency
salaries and expenses
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Farm Service Agency, $1,170,273,000: Provided, That the Secretary is authorized to use the services, facilities, and authorities (but not the funds) of the Commodity Credit Corporation to make program payments for all programs administered by the Agency: Provided further, That other funds made available to the Agency for authorized activities may be advanced to and merged with this account.CommentsClose CommentsPermalink
STATE MEDIATION GRANTS
For grants pursuant to section 502(b) of the Agricultural Credit Act of 1987, as amended (
GRASSROOTS SOURCE WATER PROTECTION PROGRAM
For necessary expenses to carry out wellhead or groundwater protection activities under section 1240O of the Food Security Act of 1985 (
DAIRY INDEMNITY PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses involved in making indemnity payments to dairy farmers and manufacturers of dairy products under a dairy indemnity program, such sums as may be necessary, to remain available until expended: Provided, That such program is carried out by the Secretary in the same manner as the dairy indemnity program described in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct and guaranteed farm ownership (
For the cost of direct and guaranteed loans, including the cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, as follows: farm ownership loans, $16,803,000, of which $4,088,000 shall be for unsubsidized guaranteed loans, and $12,715,000 shall be for direct loans; operating loans, $130,371,000, of which $25,336,000 shall be for unsubsidized guaranteed loans, $37,231,000 shall be for subsidized guaranteed loans, and $67,804,000 shall be for direct loans; and Indian tribe land acquisition loans, $248,000.CommentsClose CommentsPermalink
In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $317,323,000, of which $309,403,000 shall be transferred to and merged with the appropriation for ‘Farm Service Agency, Salaries and Expenses’.CommentsClose CommentsPermalink
Funds appropriated by this Act to the Agricultural Credit Insurance Program Account for farm ownership and operating direct loans and guaranteed loans may be transferred among these programs: Provided, That the Committees on Appropriations of both Houses of Congress are notified at least 15 days in advance of any transfer.CommentsClose CommentsPermalink
Risk Management Agency
For necessary expenses of the Risk Management Agency, $77,177,000: Provided, That the funds made available under section 522(e) of the Federal Crop Insurance Act (
CORPORATIONS
The following corporations and agencies are hereby authorized to make expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accord with law, and to make contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for such corporation or agency, except as hereinafter provided.CommentsClose CommentsPermalink
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop Insurance Act (
Commodity Credit Corporation Fund
reimbursement for net realized losses
(INCLUDING TRANSFERS OF FUNDS)
For the current fiscal year, such sums as may be necessary to reimburse the Commodity Credit Corporation for net realized losses sustained, but not previously reimbursed, pursuant to section 2 of the Act of August 17, 1961 (
HAZARDOUS WASTE MANAGEMENT
(LIMITATION ON EXPENSES)
For the current fiscal year, the Commodity Credit Corporation shall not expend more than $5,000,000 for site investigation and cleanup expenses, and operations and maintenance expenses to comply with the requirement of section 107(g) of the Comprehensive Environmental Response, Compensation, and Liability Act (
TITLE II
CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
For necessary expenses of the Office of the Under Secretary for Natural Resources and Environment, $758,000.CommentsClose CommentsPermalink
Natural Resources Conservation Service
CONSERVATION OPERATIONS
For necessary expenses for carrying out the provisions of the Act of April 27, 1935 (
WATERSHED AND FLOOD PREVENTION OPERATIONS
For necessary expenses to carry out preventive measures, including but not limited to research, engineering operations, methods of cultivation, the growing of vegetation, rehabilitation of existing works and changes in use of land, in accordance with the Watershed Protection and Flood Prevention Act (
WATERSHED REHABILITATION PROGRAM
For necessary expenses to carry out rehabilitation of structural measures, in accordance with section 14 of the Watershed Protection and Flood Prevention Act (
RESOURCE CONSERVATION AND DEVELOPMENT
For necessary expenses in planning and carrying out projects for resource conservation and development and for sound land use pursuant to the provisions of sections 31 and 32 of the Bankhead-Jones Farm Tenant Act (
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary expenses of the Office of the Under Secretary for Rural Development, $646,000.CommentsClose CommentsPermalink
Rural Development Salaries and Expenses
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for carrying out the administration and implementation of programs in the Rural Development mission area, including activities with institutions concerning the development and operation of agricultural cooperatives; and for cooperative agreements; $192,484,000: Provided, That notwithstanding any other provision of law, funds appropriated under this section may be used for advertising and promotional activities that support the Rural Development mission area: Provided further, That not more than $10,000 may be expended to provide modest nonmonetary awards to non-USDA employees: Provided further, That any balances available from prior years for the Rural Utilities Service, Rural Housing Service, and the Rural Business-Cooperative Service salaries and expenses accounts shall be transferred to and merged with this appropriation.CommentsClose CommentsPermalink
Rural Housing Service
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct and guaranteed loans as authorized by title V of the Housing Act of 1949, to be available from funds in the rural housing insurance fund, as follows: $7,345,347,000 for loans to section 502 borrowers, of which $1,121,488,000 shall be for direct loans, and of which $6,223,859,000 shall be for unsubsidized guaranteed loans; $34,410,000 for section 504 housing repair loans; $69,512,000 for section 515 rental housing; $129,090,000 for section 538 guaranteed multi-family housing loans; $5,045,000 for section 524 site loans; $11,447,000 for credit sales of acquired property, of which up to $1,447,000 may be for multi-family credit sales; and $4,970,000 for section 523 self-help housing land development loans.CommentsClose CommentsPermalink
For the cost of direct and guaranteed loans, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, as follows: section 502 loans, $154,407,000, of which $75,364,000 shall be for direct loans, and of which $79,043,000, to remain available until expended, shall be for unsubsidized guaranteed loans; section 504 housing repair loans, $9,246,000; repair, rehabilitation, and new construction of section 515 rental housing, $28,611,000; section 538 multi-family housing guaranteed loans, $8,082,000; credit sales of acquired property, $523,000; and section 523 self-help housing and development loans, $82,000: Provided, That of the total amount appropriated in this paragraph, $2,500,000 shall be available through June 30, 2009, for authorized empowerment zones and enterprise communities and communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones: Provided further, That, for applications received under the 2009 notice of funding availability, section 538 multi-family housing guaranteed loans funded pursuant to this paragraph shall not be subject to a guarantee fee and the interest on such loans may not be subsidized: Provided further, That any balances for a demonstration program for the preservation and revitalization of the section 515 multi-family rental housing properties as authorized by
In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $460,217,000, which shall be transferred to and merged with the appropriation for ‘Rural Development, Salaries and Expenses’.CommentsClose CommentsPermalink
RENTAL ASSISTANCE PROGRAM
For rental assistance agreements entered into or renewed pursuant to the authority under section 521(a)(2) or agreements entered into in lieu of debt forgiveness or payments for eligible households as authorized by section 502(c)(5)(D) of the Housing Act of 1949, $902,500,000, to remain available through September 30, 2010; and, in addition, such sums as may be necessary, as authorized by section 521(c) of the Act, to liquidate debt incurred prior to fiscal year 1992 to carry out the rental assistance program under section 521(a)(2) of the Act: Provided, That of this amount, up to $5,958,000 shall be available for debt forgiveness or payments for eligible households as authorized by section 502(c)(5)(D) of the Act, and not to exceed $50,000 per project for advances to nonprofit organizations or public agencies to cover direct costs (other than purchase price) incurred in purchasing projects pursuant to section 502(c)(5)(C) of the Act: Provided further, That of this amount not less than $2,030,000 is available for newly constructed units financed by section 515 of the Housing Act of 1949, and not less than $3,400,000 is for newly constructed units financed under sections 514 and 516 of the Housing Act of 1949: Provided further, That rental assistance agreements entered into or renewed during the current fiscal year shall be funded for a one-year period: Provided further, That any unexpended balances remaining at the end of such one-year agreements may be transferred and used for the purposes of any debt reduction; maintenance, repair, or rehabilitation of any existing projects; preservation; and rental assistance activities authorized under title V of the Act: Provided further, That rental assistance provided under agreements entered into prior to fiscal year 2009 for a farm labor multi-family housing project financed under section 514 or 516 of the Act may not be recaptured for use in another project until such assistance has remained unused for a period of 12 consecutive months, if such project has a waiting list of tenants seeking such assistance or the project has rental assistance eligible tenants who are not receiving such assistance: Provided further, That such recaptured rental assistance shall, to the extent practicable, be applied to another farm labor multi-family housing project financed under section 514 or 516 of the Act.CommentsClose CommentsPermalink
MULTI-FAMILY HOUSING REVITALIZATION PROGRAM ACCOUNT
For the rural housing voucher program as authorized under section 542 of the Housing Act of 1949, but notwithstanding subsection (b) of such section, for the cost to conduct a housing demonstration program to provide revolving loans for the preservation of low-income multi-family housing projects, and for additional costs to conduct a demonstration program for the preservation and revitalization of multi-family rental housing properties described in this paragraph, $27,714,000, to remain available until expended: Provided, That of the funds made available under this heading, $4,965,000 shall be available for rural housing vouchers to any low-income household (including those not receiving rental assistance) residing in a property financed with a section 515 loan which has been prepaid after September 30, 2005: Provided further, That the amount of such voucher shall be the difference between comparable market rent for the section 515 unit and the tenant paid rent for such unit: Provided further, That funds made available for such vouchers shall be subject to the availability of annual appropriations: Provided further, That the Secretary shall, to the maximum extent practicable, administer such vouchers with current regulations and administrative guidance applicable to section 8 housing vouchers administered by the Secretary of the Department of Housing and Urban Development (including the ability to pay administrative costs related to delivery of the voucher funds): Provided further, That if the Secretary determines that the amount made available for vouchers in this or any other Act is not needed for vouchers, the Secretary may use such funds for the demonstration programs for the preservation and revitalization of multi-family rental housing properties described in this paragraph: Provided further, That of the funds made available under this heading, $2,889,000 shall be available for the cost of loans to private non-profit organizations, or such non-profit organizations’ affiliate loan funds and State and local housing finance agencies, to carry out a housing demonstration program to provide revolving loans for the preservation of low-income multi-family housing projects: Provided further, That loans under such demonstration program shall have an interest rate of not more than 1 percent direct loan to the recipient: Provided further, That the Secretary may defer the interest and principal payment to the Rural Housing Service for up to 3 years and the term of such loans shall not exceed 30 years: Provided further, That of the funds made available under this heading, $19,860,000 shall be available for a demonstration program for the preservation and revitalization of the section 514, 515, and 516 multi-family rental housing properties to restructure existing USDA multi-family housing loans, as the Secretary deems appropriate, expressly for the purposes of ensuring the project has sufficient resources to preserve the project for the purpose of providing safe and affordable housing for low-income residents and farm laborers including reducing or eliminating interest; deferring loan payments, subordinating, reducing or reamortizing loan debt; and other financial assistance including advances, payments and incentives (including the ability of owners to obtain reasonable returns on investment) required by the Secretary: Provided further, That the Secretary shall as part of the preservation and revitalization agreement obtain a restrictive use agreement consistent with the terms of the restructuring: Provided further, That if the Secretary determines that additional funds for vouchers described in this paragraph are needed, funds for the preservation and revitalization demonstration program may be used for such vouchers: Provided further, That the Secretary may use any unobligated funds appropriated for the rural housing voucher program in a prior fiscal year to support information technology activities of the Rural Housing Service to the extent the Secretary determines that additional funds are not needed for this fiscal year to provide vouchers described in this paragraph: Provided further, That if Congress enacts legislation to permanently authorize a section 515 multi-family rental housing loan restructuring program similar to the demonstration program described herein, the Secretary may use funds made available for the demonstration program under this heading to carry out such legislation with the prior approval of the Committees on Appropriations of both Houses of Congress.CommentsClose CommentsPermalink
MUTUAL AND SELF-HELP HOUSING GRANTS
For grants and contracts pursuant to section 523(b)(1)(A) of the Housing Act of 1949 (
RURAL HOUSING ASSISTANCE GRANTS
(INCLUDING TRANSFER OF FUNDS)
For grants and contracts for very low-income housing repair, supervisory and technical assistance, compensation for construction defects, and rural housing preservation made by the Rural Housing Service, as authorized by
FARM LABOR PROGRAM ACCOUNT
For the cost of direct loans, grants, and contracts, as authorized by
RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For the cost of direct loans, loan guarantees, and grants for rural community facilities programs as authorized by section 306 and described in section 381E(d)(1) of the Consolidated Farm and Rural Development Act, $63,830,000, to remain available until expended: Provided, That $6,256,000 of the amount appropriated under this heading shall be available for a Rural Community Development Initiative: Provided further, That such funds shall be used solely to develop the capacity and ability of private, nonprofit community-based housing and community development organizations, low-income rural communities, and Federally Recognized Native American Tribes to undertake projects to improve housing, community facilities, community and economic development projects in rural areas: Provided further, That such funds shall be made available to qualified private, nonprofit and public intermediary organizations proposing to carry out a program of financial and technical assistance: Provided further, That such intermediary organizations shall provide matching funds from other sources, including Federal funds for related activities, in an amount not less than funds provided: Provided further, That $10,000,000 of the amount appropriated under this heading shall be to provide grants for facilities in rural communities with extreme unemployment and severe economic depression (
Rural Business--Cooperative Service
RURAL BUSINESS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For the cost of loan guarantees and grants, for the rural business development programs authorized by sections 306 and 310B and described in sections 310B(f) and 381E(d)(3) of the Consolidated Farm and Rural Development Act, $87,385,000, to remain available until expended: Provided, That of the amount appropriated under this heading, not to exceed $500,000 shall be made available for a grant to a qualified national organization to provide technical assistance for rural transportation in order to promote economic development and $2,979,000 shall be for grants to the Delta Regional Authority (
RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the principal amount of direct loans, as authorized by the Rural Development Loan Fund (
For the cost of direct loans, $14,035,000, as authorized by the Rural Development Loan Fund (
In addition, for administrative expenses to carry out the direct loan programs, $4,853,000 shall be transferred to and merged with the appropriation for ‘Rural Development, Salaries and Expenses’.CommentsClose CommentsPermalink
RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT
(INCLUDING RESCISSION OF FUNDS)
For the principal amount of direct loans, as authorized under section 313 of the Rural Electrification Act, for the purpose of promoting rural economic development and job creation projects, $33,077,000.CommentsClose CommentsPermalink
Of the funds derived from interest on the cushion of credit payments, as authorized by section 313 of the Rural Electrification Act of 1936, $20,000,000 shall not be obligated and $20,000,000 are rescinded.CommentsClose CommentsPermalink
RURAL COOPERATIVE DEVELOPMENT GRANTS
For rural cooperative development grants authorized under section 310B(e) of the Consolidated Farm and Rural Development Act (
RURAL EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES GRANTS
For grants in connection with empowerment zones and enterprise communities, $8,130,000, to remain available until expended, for designated rural empowerment zones and rural enterprise communities, as authorized by the Taxpayer Relief Act of 1997 and the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (
RURAL ENERGY FOR AMERICA PROGRAM
For the cost of a program of loan guarantees and grants, under the same terms and conditions as authorized by section 9007 of the Farm Security and Rural Investment Act of 2002 (
Rural Utilities Service
RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For the cost of direct loans, loan guarantees, and grants for the rural water, waste water, waste disposal, and solid waste management programs authorized by sections 306, 306A, 306C, 306D, and 310B and described in sections 306C(a)(2), 306D, and 381E(d)(2) of the Consolidated Farm and Rural Development Act, $556,268,000, to remain available until expended, of which not to exceed $497,000 shall be available for the rural utilities program described in section 306(a)(2)(B) of such Act, and of which not to exceed $993,000 shall be available for the rural utilities program described in section 306E of such Act: Provided, That $65,000,000 of the amount appropriated under this heading shall be for loans and grants including water and waste disposal systems grants authorized by 306C(a)(2)(B) and 306D of the Consolidated Farm and Rural Development Act and for Federally-recognized Native American Tribes authorized by 306C(a)(1): Provided further, That not to exceed $19,000,000 of the amount appropriated under this heading shall be for technical assistance grants for rural water and waste systems pursuant to section 306(a)(14) of such Act, unless the Secretary makes a determination of extreme need, of which $5,600,000 shall be made available for a grant to a qualified non-profit multi-state regional technical assistance organization, with experience in working with small communities on water and waste water problems, the principal purpose of such grant shall be to assist rural communities with populations of 3,300 or less, in improving the planning, financing, development, operation, and management of water and waste water systems, and of which not less than $800,000 shall be for a qualified national Native American organization to provide technical assistance for rural water systems for tribal communities: Provided further, That not to exceed $14,000,000 of the amount appropriated under this heading shall be for contracting with qualified national organizations for a circuit rider program to provide technical assistance for rural water systems: Provided further, That not to exceed $12,700,000 of the amount appropriated under this heading shall be available through June 30, 2009, for authorized empowerment zones and enterprise communities and communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones for the rural utilities programs described in section 381E(d)(2) of such Act: Provided further, That $17,500,000 of the amount appropriated under this heading shall be transferred to, and merged with, the Rural Utilities Service, High Energy Cost Grants Account to provide grants authorized under section 19 of the Rural Electrification Act of 1936 (
RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The principal amount of direct and guaranteed loans as authorized by section 305 of the Rural Electrification Act of 1936 (
For the cost, as defined in section 502 of the Congressional Budget Act of 1974, including the cost of modifying loans, of direct and guaranteed loans authorized by sections 305 and 306 of the Rural Electrification Act of 1936 (
In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $39,245,000, which shall be transferred to and merged with the appropriation for ‘Rural Development, Salaries and Expenses’.CommentsClose CommentsPermalink
DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM
(INCLUDING RESCISSION OF FUNDS)
For the principal amount of broadband telecommunication loans, $400,487,000.CommentsClose CommentsPermalink
For grants for telemedicine and distance learning services in rural areas, as authorized by
For the cost of broadband loans, as authorized by section 601 of the Rural Electrification Act, $15,619,000, to remain available until expended: Provided, That the cost of direct loans shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That of the unobligated balances available for the cost of the broadband loans, $6,404,000 are rescinded.CommentsClose CommentsPermalink
In addition, $13,406,000, to remain available until expended, for a grant program to finance broadband transmission in rural areas eligible for Distance Learning and Telemedicine Program benefits authorized by
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition and Consumer Services
For necessary expenses of the Office of the Under Secretary for Food, Nutrition and Consumer Services, $610,000.CommentsClose CommentsPermalink
Food and Nutrition Service
CHILD NUTRITION PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
In lieu of the amounts made available in section 14222(b) of the Food, Conservation, and Energy Act of 2008, for necessary expenses to carry out the Richard B. Russell National School Lunch Act (
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC)
For necessary expenses to carry out the special supplemental nutrition program as authorized by section 17 of the Child Nutrition Act of 1966 (
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
For necessary expenses to carry out the Food and Nutrition Act of 2008 (
COMMODITY ASSISTANCE PROGRAM
For necessary expenses to carry out disaster assistance and the Commodity Supplemental Food Program as authorized by section 4(a) of the Agriculture and Consumer Protection Act of 1973 (
NUTRITION PROGRAMS ADMINISTRATION
For necessary administrative expenses of the Food and Nutrition Service for carrying out any domestic nutrition assistance program, $142,595,000.CommentsClose CommentsPermalink
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Foreign Agricultural Service, including not to exceed $158,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 (
PUBLIC LAW 480 TITLE I DIRECT CREDIT AND FOOD FOR PROGRESS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For administrative expenses to carry out the credit program of title I,
PUBLIC LAW 480 TITLE II GRANTS
For expenses during the current fiscal year, not otherwise recoverable, and unrecovered prior years’ costs, including interest thereon, under the Food for Peace Act, for commodities supplied in connection with dispositions abroad under title II of said Act, $1,225,900,000, to remain available until expended.CommentsClose CommentsPermalink
COMMODITY CREDIT CORPORATION EXPORT LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For administrative expenses to carry out the Commodity Credit Corporation’s export guarantee program, GSM 102 and GSM 103, $5,333,000; to cover common overhead expenses as permitted by section 11 of the Commodity Credit Corporation Charter Act and in conformity with the Federal Credit Reform Act of 1990, of which $4,985,000 shall be transferred to and merged with the appropriation for ‘Foreign Agricultural Service, Salaries and Expenses’, and of which $348,000 shall be transferred to and merged with the appropriation for ‘Farm Service Agency, Salaries and Expenses’.CommentsClose CommentsPermalink
MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION PROGRAM GRANTS
For necessary expenses to carry out the provisions of section 3107 of the Farm Security and Rural Investment Act of 2002 (
TITLE VI
RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
SALARIES AND EXPENSES
For necessary expenses of the Food and Drug Administration, including hire and purchase of passenger motor vehicles; for payment of space rental and related costs pursuant to
In addition, mammography user fees authorized by
BUILDINGS AND FACILITIES
For plans, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of or used by the Food and Drug Administration, where not otherwise provided, $12,433,000, to remain available until expended.CommentsClose CommentsPermalink
INDEPENDENT AGENCY
Farm Credit Administration
LIMITATION ON ADMINISTRATIVE EXPENSES
Not to exceed $49,000,000 (from assessments collected from farm credit institutions, including the Federal Agricultural Mortgage Corporation) shall be obligated during the current fiscal year for administrative expenses as authorized under
TITLE VII
GENERAL PROVISIONS
(INCLUDING RESCISSION AND TRANSFERS OF FUNDS)
SEC. 701. Within the unit limit of cost fixed by law, appropriations and authorizations made for the Department of Agriculture for the current fiscal year under this Act shall be available for the purchase, in addition to those specifically provided for, of not to exceed 327 passenger motor vehicles, of which 315 shall be for replacement only, and for the hire of such vehicles.CommentsClose CommentsPermalink
SEC. 702. New obligational authority provided for the following appropriation items in this Act shall remain available until expended: Food Safety and Inspection Service, Public Health Data Communication Infrastructure System; Farm Service Agency, salaries and expenses funds made available to county committees; Foreign Agricultural Service, middle-income country training program, and up to $2,000,000 of the Foreign Agricultural Service appropriation solely for the purpose of offsetting fluctuations in international currency exchange rates, subject to documentation by the Foreign Agricultural Service.CommentsClose CommentsPermalink
SEC. 703. The Secretary of Agriculture may transfer unobligated balances of discretionary funds appropriated by this Act or other available unobligated discretionary balances of the Department of Agriculture to the Working Capital Fund for the acquisition of plant and capital equipment necessary for the financial management modernization initiative and the delivery of financial, administrative, and information technology services of primary benefit to the agencies of the Department of Agriculture: Provided, That none of the funds made available by this Act or any other Act shall be transferred to the Working Capital Fund without the prior approval of the agency administrator: Provided further, That none of the funds transferred to the Working Capital Fund pursuant to this section shall be available for obligation without the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further, That none of the funds appropriated by this Act or made available to the Department’s Working Capital Fund shall be available for obligation or expenditure to make any changes to the Department’s National Finance Center without prior approval of the Committees on Appropriations of both Houses of Congress as required by section 712 of this Act.CommentsClose CommentsPermalink
SEC. 704. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.CommentsClose CommentsPermalink
SEC. 705. No funds appropriated by this Act may be used to pay negotiated indirect cost rates on cooperative agreements or similar arrangements between the United States Department of Agriculture and nonprofit institutions in excess of 10 percent of the total direct cost of the agreement when the purpose of such cooperative arrangements is to carry out programs of mutual interest between the two parties. This does not preclude appropriate payment of indirect costs on grants and contracts with such institutions when such indirect costs are computed on a similar basis for all agencies for which appropriations are provided in this Act.CommentsClose CommentsPermalink
SEC. 706. Appropriations to the Department of Agriculture for the cost of direct and guaranteed loans made available in the current fiscal year shall remain available until expended to disburse obligations made in the current fiscal year for the following accounts: the Rural Development Loan Fund program account, the Rural Electrification and Telecommunication Loans program account, and the Rural Housing Insurance Fund program account.CommentsClose CommentsPermalink
SEC. 707. Of the funds made available by this Act, not more than $1,800,000 shall be used to cover necessary expenses of activities related to all advisory committees, panels, commissions, and task forces of the Department of Agriculture, except for panels used to comply with negotiated rule makings and panels used to evaluate competitively awarded grants.CommentsClose CommentsPermalink
SEC. 708. None of the funds appropriated by this Act may be used to carry out section 410 of the Federal Meat Inspection Act (
SEC. 709. No employee of the Department of Agriculture may be detailed or assigned from an agency or office funded by this Act to any other agency or office of the Department for more than 30 days unless the individual’s employing agency or office is fully reimbursed by the receiving agency or office for the salary and expenses of the employee for the period of assignment.CommentsClose CommentsPermalink
SEC. 710. None of the funds appropriated or otherwise made available to the Department of Agriculture or the Food and Drug Administration shall be used to transmit or otherwise make available to any non-Department of Agriculture or non-Department of Health and Human Services employee questions or responses to questions that are a result of information requested for the appropriations hearing process.CommentsClose CommentsPermalink
SEC. 711. None of the funds made available to the Department of Agriculture by this Act may be used to acquire new information technology systems or significant upgrades, as determined by the Office of the Chief Information Officer, without the approval of the Chief Information Officer and the concurrence of the Executive Information Technology Investment Review Board: Provided, That notwithstanding any other provision of law, none of the funds appropriated or otherwise made available by this Act may be transferred to the Office of the Chief Information Officer without the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further, That none of the funds available to the Department of Agriculture for information technology shall be obligated for projects over $25,000 prior to receipt of written approval by the Chief Information Officer.CommentsClose CommentsPermalink
SEC. 712. (a) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds which--CommentsClose CommentsPermalink
(1) creates new programs;CommentsClose CommentsPermalink
(2) eliminates a program, project, or activity;CommentsClose CommentsPermalink
(3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted;CommentsClose CommentsPermalink
(4) relocates an office or employees;CommentsClose CommentsPermalink
(5) reorganizes offices, programs, or activities; orCommentsClose CommentsPermalink
(6) contracts out or privatizes any functions or activities presently performed by Federal employees; unless the Committees on Appropriations of both Houses of Congress are notified 15 days in advance of such reprogramming of funds.CommentsClose CommentsPermalink
(b) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming of funds in excess of $500,000 or 10 percent, which-ever is less, that: (1) augments existing programs, projects, or activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or (3) results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects as approved by Congress; unless the Committees on Appropriations of both Houses of Congress are notified 15 days in advance of such reprogramming of funds.CommentsClose CommentsPermalink
(c) The Secretary of Agriculture or the Secretary of Health and Human Services shall notify the Committees on Appropriations of both Houses of Congress before implementing a program or activity not carried out during the previous fiscal year unless the program or activity is funded by this Act or specifically funded by any other Act.CommentsClose CommentsPermalink
SEC. 713. None of the funds appropriated by this or any other Act shall be used to pay the salaries and expenses of personnel who prepare or submit appropriations language as part of the President’s Budget submission to the Congress of the United States for programs under the jurisdiction of the Appropriations Subcommittees on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies that assumes revenues or reflects a reduction from the previous year due to user fees proposals that have not been enacted into law prior to the submission of the Budget unless such Budget submission identifies which additional spending reductions should occur in the event the user fees proposals are not enacted prior to the date of the convening of a committee of conference for the fiscal year 2010 appropriations Act.CommentsClose CommentsPermalink
SEC. 714. None of the funds made available by this or any other Act may be used to close or relocate a Rural Development office unless or until the Secretary of Agriculture determines the cost effectiveness and/or enhancement of program delivery: Provided, That not later than 120 days before the date of the proposed closure or relocation, the Secretary notifies the Committees on Appropriation of the House and Senate, and the members of Congress from the State in which the office is located of the proposed closure or relocation and provides a report that describes the justifications for such closures and relocations.CommentsClose CommentsPermalink
SEC. 715. None of the funds made available to the Food and Drug Administration by this Act shall be used to close or relocate, or to plan to close or relocate, the Food and Drug Administration Division of Pharmaceutical Analysis in St. Louis, Missouri, outside the city or county limits of St. Louis, Missouri.CommentsClose CommentsPermalink
SEC. 716. There is hereby appropriated $434,000, to remain available until expended, for the Denali Commission to address deficiencies in solid waste disposal sites which threaten to contaminate rural drinking water supplies.CommentsClose CommentsPermalink
SEC. 717. None of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries and expenses of personnel to carry out an environmental quality incentives program authorized by chapter 4 of subtitle D of title XII of the Food Security Act of 1985 (
SEC. 718. None of the funds made available in fiscal year 2009 or preceding fiscal years for programs authorized under the Food for Peace Act (
SEC. 719. No funds shall be used to pay salaries and expenses of the Department of Agriculture to carry out or administer the program authorized by section 14(h)(1) of the Watershed Protection and Flood Prevention Act (
SEC. 720. Funds made available under section 1240I and section 1241(a) of the Food Security Act of 1985 and section 524(b) of the Federal Crop Insurance Act (
SEC. 721. Unless otherwise authorized by existing law, none of the funds provided in this Act, may be used by an executive branch agency to produce any prepackaged news story intended for broadcast or distribution in the United States unless the story includes a clear notification within the text or audio of the prepackaged news story that the prepackaged news story was prepared or funded by that executive branch agency.CommentsClose CommentsPermalink
SEC. 722. Notwithstanding any other provision of law, any former RUS borrower that has repaid or prepaid an insured, direct or guaranteed loan under the Rural Electrification Act, or any not-for-profit utility that is eligible to receive an insured or direct loan under such Act, shall be eligible for assistance under section 313(b)(2)(B) of such Act in the same manner as a borrower under such Act.CommentsClose CommentsPermalink
SEC. 723. None of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries and expenses of personnel to carry out a program under subsection (b)(2)(A)(i) of section 14222 of
SEC. 724. Notwithstanding any other provision of law, the Secretary of Agriculture is authorized to make funding and other assistance available through the emergency watershed protection program under section 403 of the Agricultural Credit Act of 1978 (
SEC. 725. There is hereby appropriated $3,497,000, to remain available until expended, for a grant to the National Center for Natural Products Research for construction or renovation to carry out the research objectives of the natural products research grant issued by the Food and Drug Administration.CommentsClose CommentsPermalink
SEC. 726. There is hereby appropriated $469,000, to remain available until expended, for the planning and design of construction of an agriculture pest facility in the State of Hawaii.CommentsClose CommentsPermalink
SEC. 727. None of the funds made available in this Act may be used to establish or implement a rule allowing poultry products to be imported into the United States from the People’s Republic of China.CommentsClose CommentsPermalink
SEC. 728. There is hereby appropriated $794,000 to the Farm Service Agency to carry out a pilot program to demonstrate the use of new technologies that increase the rate of growth of re-forested hardwood trees on private non-industrial forests lands, enrolling lands on the coast of the Gulf of Mexico that were damaged by Hurricane Katrina in 2005.CommentsClose CommentsPermalink
SEC. 729. None of the funds made available to the Department of Agriculture in this Act may be used to implement the risk-based inspection program in the 30 prototype locations announced on February 22, 2007, by the Under Secretary for Food Safety, or at any other locations, until the USDA Office of Inspector General has provided its findings to the Food Safety and Inspection Service and the Committees on Appropriations of the House of Representatives and the Senate on the data used in support of the development and design of the risk-based inspection program and FSIS has addressed and resolved issues identified by OIG.CommentsClose CommentsPermalink
SEC. 730. Notwithstanding any other provision of law, and until receipt of the decennial Census in the year 2010, the Secretary of Agriculture shall consider--CommentsClose CommentsPermalink
(1) the City of Palmview, Texas; the City of Pharr, Texas; the City of Hidalgo, Texas; the City of Alton, Texas; the City of La Joya, Texas; the City of Penitas, Texas; the City of Schertz, Texas; the City of Converse, Texas; the City of Cibolo, Texas; and the Township of Bern, Pennsylvania (including individuals and entities with projects within the cities), eligible for loans and grants funded through the Rural Business Program account;CommentsClose CommentsPermalink
(2) the County of Nueces, Texas (including individuals and entities with projects within the county), eligible under the Business and Industry Loan Guarantee Program for the purposes of financing a beef processing facility;CommentsClose CommentsPermalink
(3) the City of Asheboro, North Carolina (including individuals and entities with projects within the city), eligible for loans and grants funded through the Rural Community Facilities Program account;CommentsClose CommentsPermalink
(4) the City of Healdsburg, California; the City of Imperial, California; the City of Havelock, North Carolina; and the City of Newton, North Carolina (including individuals and entities with projects within the cities), eligible for loans and grants funded through the Rural Water and Waste Disposal Program account; andCommentsClose CommentsPermalink
(5) the City of Aptos, California (including individuals and entities with projects within the city), eligible for loans and grants funded under the housing programs of the Rural Housing Service.CommentsClose CommentsPermalink
SEC. 731. There is hereby appropriated $2,347,000 for section 4404 of
SEC. 732. Notwithstanding any other provision of law, there is hereby appropriated:CommentsClose CommentsPermalink
(1) $1,877,000 of which $1,408,000 shall be for a grant to the Wisconsin Department of Agriculture, Trade, and Consumer Protection, and $469,000 shall be for a grant to the Vermont Agency of Agriculture, Foods, and Markets, as authorized by section 6402 of the Farm Security and Rural Investment Act of 2002 (
(2) $338,000 for a grant to the Wisconsin Department of Agriculture, Trade and Consumer Protection; andCommentsClose CommentsPermalink
(3) $94,000 for a grant to the Graham Avenue Business Improvement District in the State of New York.CommentsClose CommentsPermalink
SEC. 733. Section 382K(c) of the Consolidated Farm and Rural Development Act (
SEC. 734. Notwithstanding any other provision of law, the Natural Resources Conservation Service shall provide financial and technical assistance--CommentsClose CommentsPermalink
(1) through the Watershed and Flood Prevention Operations program for the Pocasset River Floodplain Management Project in the State of Rhode Island;CommentsClose CommentsPermalink
(2) through the Watershed and Flood Prevention Operations program to carry out the East Locust Creek Watershed Plan Revision in Missouri, including up to 100 percent of the engineering assistance and 75 percent cost share for construction cost of site RW1;CommentsClose CommentsPermalink
(3) through the Watershed and Flood Prevention Operations program to carry out the Little Otter Creek Watershed project in Missouri. The sponsoring local organization may obtain land rights by perpetual easements;CommentsClose CommentsPermalink
(4) through the Watershed and Flood Prevention Operations program to carry out the Churchill Woods Dam Removal project in DuPage County, Illinois;CommentsClose CommentsPermalink
(5) through the Watershed and Flood Prevention Operations program to carry out the Dunloup Creek Watershed Project in Fayette and Raleigh Counties, West Virginia;CommentsClose CommentsPermalink
(6) through the Watershed and Flood Prevention Operations program to carry out the Alameda Creek Watershed Project in Alameda County, California;CommentsClose CommentsPermalink
(7) through the Watershed and Flood Prevention Operations program to carry out the Colgan Creek Restoration project in Sonoma County, California;CommentsClose CommentsPermalink
(8) through the Watershed and Flood Prevention Operations program to carry out the Hurricane Katrina-Related Watershed Restoration project in Jackson County, Mississippi;CommentsClose CommentsPermalink
(9) through the Watershed and Flood Prevention Operations program to carry out the Lake George Watershed Protection project in Warren County, New York; andCommentsClose CommentsPermalink
(10) through the Watershed and Flood Prevention Operations program to carry out the Pidcock-Mill Creeks Watershed project in Bucks County, Pennsylvania.CommentsClose CommentsPermalink
SEC. 735. Section 17(r)(5) of the Richard B. Russell National School Lunch Act (
(1) by striking ‘eight’ and inserting ‘ten’;CommentsClose CommentsPermalink
(2) by striking ‘six’ and inserting ‘eight’; andCommentsClose CommentsPermalink
(3) by inserting ‘Vermont, Maryland,’ after the first instance of ‘States shall be’.CommentsClose CommentsPermalink
SEC. 736. Notwithstanding any other provision of law, for the purposes of a grant under section 412 of the Agricultural Research, Extension, and Education Reform Act of 1998, none of the funds in this or any other Act may be used to prohibit the provision of in-kind support from non-Federal sources under section 412(e)(3) in the form of unrecovered indirect costs not otherwise charged against the grant, consistent with the indirect rate of cost approved for a recipient.CommentsClose CommentsPermalink
Sec. 737. None of the funds made available by this Act may be used to pay the salaries and expenses of any individual to conduct any activities that would allow the importation into the United States of any ruminant or swine, or any fresh (including chilled or frozen) meat or product of any ruminant or swine, that is born, raised, or slaughtered in Argentina: Provided, That this section shall not prevent the Secretary from conducting all necessary activities to review this proposal and issue a report on the findings to the Committees on Appropriations of the House and Senate: Provided further, That this section shall only have effect until the Secretary of Agriculture has reviewed the domestic animal health aspects of the pending proposal to allow the importation of such products into the United States and has issued a report to the Committees on the findings of such review.CommentsClose CommentsPermalink
SEC. 738. Except as otherwise specifically provided by law, unobligated balances remaining available at the end of the fiscal year from appropriations made available for salaries and expenses in this Act for the Farm Service Agency and the Rural Development mission area, shall remain available through September 30, 2010, for information technology expenses.CommentsClose CommentsPermalink
SEC. 739. None of the funds made available in this Act may be used to pay the salaries or expenses of personnel to--CommentsClose CommentsPermalink
(1) inspect horses under section 3 of the Federal Meat Inspection Act (
(2) inspect horses under section 903 of the Federal Agriculture Improvement and Reform Act of 1996 (
(3) implement or enforce section 352.19 of title 9, Code of Federal Regulations.CommentsClose CommentsPermalink
This division may be cited as the ‘Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2009’.CommentsClose CommentsPermalink
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2009
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
OPERATIONS AND ADMINISTRATION
For necessary expenses for international trade activities of the Department of Commerce provided for by law, and for engaging in trade promotional activities abroad, including expenses of grants and cooperative agreements for the purpose of promoting exports of United States firms, without regard to
Bureau of Industry and Security
OPERATIONS AND ADMINISTRATION
For necessary expenses for export administration and national security activities of the Department of Commerce, including costs associated with the performance of export administration field activities both domestically and abroad; full medical coverage for dependent members of immediate families of employees stationed overseas; employment of Americans and aliens by contract for services abroad; payment of tort claims, in the manner authorized in the first paragraph of
Economic Development Administration
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
For grants for economic development assistance as provided by the Public Works and Economic Development Act of 1965, and for trade adjustment assistance, $240,000,000, to remain available until expended: Provided, That of the amounts provided, no more than $4,000,000 may be transferred to ‘Economic Development Administration, Salaries and Expenses’ to conduct management oversight and administration of public works grants.CommentsClose CommentsPermalink
SALARIES AND EXPENSES
For necessary expenses of administering the economic development assistance programs as provided for by law, $32,800,000: Provided, That these funds may be used to monitor projects approved pursuant to title I of the Public Works Employment Act of 1976, title II of the Trade Act of 1974, and the Community Emergency Drought Relief Act of 1977.CommentsClose CommentsPermalink
Minority Business Development Agency
MINORITY BUSINESS DEVELOPMENT
For necessary expenses of the Department of Commerce in fostering, promoting, and developing minority business enterprise, including expenses of grants, contracts, and other agreements with public or private organizations, $29,825,000: Provided, That within the amounts appropriated, $825,000 shall be used for the projects, and in the amounts, specified in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).CommentsClose CommentsPermalink
Economic and Statistical Analysis
SALARIES AND EXPENSES
For necessary expenses, as authorized by law, of economic and statistical analysis programs of the Department of Commerce, $90,621,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
Bureau of the Census
SALARIES AND EXPENSES
For expenses necessary for collecting, compiling, analyzing, preparing, and publishing statistics, provided for by law, $233,588,000.CommentsClose CommentsPermalink
PERIODIC CENSUSES AND PROGRAMS
For necessary expenses to collect and publish statistics for periodic censuses and programs provided for by law, $2,906,262,000, to remain available until September 30, 2010: Provided, That none of the funds provided in this or any other Act for any fiscal year may be used for the collection of census data on race identification that does not include ‘some other race’ as a category: Provided further, That from amounts provided herein, funds may be used for additional promotion, outreach, and marketing activities: Provided further, That none of the funds made available in this Act shall be used for the conduct of sweepstakes in the 2010 Decennial Census.CommentsClose CommentsPermalink
National Telecommunications and Information Administration
SALARIES AND EXPENSES
For necessary expenses, as provided for by law, of the National Telecommunications and Information Administration (NTIA), $19,218,000, to remain available until September 30, 2010: Provided, That, notwithstanding
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND CONSTRUCTION
For the administration of grants, authorized by section 392 of the Communications Act of 1934, $20,000,000, to remain available until expended as authorized by section 391 of the Act: Provided, That not to exceed $2,000,000 shall be available for program administration as authorized by section 391 of the Act: Provided further, That, notwithstanding the provisions of section 391 of the Act, the prior year unobligated balances may be made available for grants for projects for which applications have been submitted and approved during any fiscal year.CommentsClose CommentsPermalink
United States Patent and Trademark Office
SALARIES AND EXPENSES
For necessary expenses of the United States Patent and Trademark Office (USPTO) provided for by law, including defense of suits instituted against the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, $2,010,100,000, to remain available until expended: Provided, That the sum herein appropriated from the general fund shall be reduced as offsetting collections assessed and collected pursuant to
National Institute of Standards and Technology
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
For necessary expenses of the National Institute of Standards and Technology, $472,000,000, to remain available until expended, of which not to exceed $9,000,000 may be transferred to the ‘Working Capital Fund’: Provided, That not to exceed $5,000 shall be for official reception and representation expenses: Provided further, That within the amounts appropriated, $3,000,000 shall be used for the projects, and in the amounts, specified in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).CommentsClose CommentsPermalink
INDUSTRIAL TECHNOLOGY SERVICES
For necessary expenses of the Hollings Manufacturing Extension Partnership of the National Institute of Standards and Technology, $110,000,000, to remain available until expended. In addition, for necessary expenses of the Technology Innovation Program of the National Institute of Standards and Technology, $65,000,000, to remain available until expended.CommentsClose CommentsPermalink
CONSTRUCTION OF RESEARCH FACILITIES
For construction of new research facilities, including architectural and engineering design, and for renovation and maintenance of existing facilities, not otherwise provided for the National Institute of Standards and Technology, as authorized by
National Oceanic and Atmospheric Administration
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of activities authorized by law for the National Oceanic and Atmospheric Administration, including maintenance, operation, and hire of aircraft and vessels; grants, contracts, or other payments to nonprofit organizations for the purposes of conducting activities pursuant to cooperative agreements; and relocation of facilities, $3,045,549,000, to remain available until September 30, 2010, except for funds provided for cooperative enforcement, which shall remain available until September 30, 2011: Provided, That fees and donations received by the National Ocean Service for the management of national marine sanctuaries may be retained and used for the salaries and expenses associated with those activities, notwithstanding
In addition, for necessary retired pay expenses under the Retired Serviceman’s Family Protection and Survivor Benefits Plan, and for payments for the medical care of retired personnel and their dependents under the Dependents Medical Care Act (
PROCUREMENT, ACQUISITION AND CONSTRUCTION
For procurement, acquisition and construction of capital assets, including alteration and modification costs, of the National Oceanic and Atmospheric Administration, $1,243,647,000, to remain available until September 30, 2011, except funds provided for construction of facilities which shall remain available until expended: Provided, That of the $1,245,647,000 provided for in direct obligations under this heading $1,243,647,000 is appropriated from the general fund and $2,000,000 is provided from recoveries of prior year obligations: Provided further, That of the amounts provided for the National Polar-orbiting Operational Environmental Satellite System, funds shall only be made available on a dollar-for-dollar matching basis with funds provided for the same purpose by the Department of Defense: Provided further, That except to the extent expressly prohibited by any other law, the Department of Defense may delegate procurement functions related to the National Polar-orbiting Operational Environmental Satellite System to officials of the Department of Commerce pursuant to
PACIFIC COASTAL SALMON RECOVERY
For necessary expenses associated with the restoration of Pacific salmon populations, $80,000,000, to remain available until September 30, 2010: Provided, That of the funds provided herein the Secretary of Commerce may issue grants to the States of Washington, Oregon, Idaho, Nevada, California, and Alaska, and Federally-recognized tribes of the Columbia River and Pacific Coast for projects necessary for restoration of salmon and steelhead populations that are listed as threatened or endangered, or identified by a State as at-risk to be so-listed, for maintaining populations necessary for exercise of tribal treaty fishing rights or native subsistence fishing, or for conservation of Pacific coastal salmon and steelhead habitat, based on guidelines to be developed by the Secretary of Commerce: Provided further, That funds disbursed to States shall be subject to a matching requirement of funds or documented in-kind contributions of at least 33 percent of the Federal funds.CommentsClose CommentsPermalink
COASTAL ZONE MANAGEMENT FUND
(INCLUDING TRANSFER OF FUNDS)
Of amounts collected pursuant to section 308 of the Coastal Zone Management Act of 1972 (
FISHERIES FINANCE PROGRAM ACCOUNT
Subject to section 502 of the Congressional Budget Act of 1974, during fiscal year 2009, obligations of direct loans may not exceed $8,000,000 for Individual Fishing Quota loans and not to exceed $59,000,000 for traditional direct loans as authorized by the Merchant Marine Act of 1936: Provided, That none of the funds made available under this heading may be used for direct loans for any new fishing vessel that will increase the harvesting capacity in any United States fishery.CommentsClose CommentsPermalink
Departmental Management
SALARIES AND EXPENSES
For expenses necessary for the departmental management of the Department of Commerce provided for by law, including not to exceed $5,000 for official entertainment, $53,000,000: Provided, That the Secretary, within 120 days of enactment of this Act, shall provide a report to the Committees on Appropriations that audits and evaluates all decision documents and expenditures by the Bureau of the Census as they relate to the 2010 Census: Provided further, That of the amounts provided to the Secretary within this account, $5,000,000 shall not become available for obligation until the Secretary certifies to the Committees on Appropriations that the Bureau of the Census has followed and met all standards and best practices, and all Office of Management and Budget guidelines related to information technology projects and contract management.CommentsClose CommentsPermalink
HERBERT C. HOOVER BUILDING RENOVATION AND MODERNIZATION
For expenses necessary, including blast windows, for the renovation and modernization of the Herbert C. Hoover Building, $5,000,000, to remain available until expended.CommentsClose CommentsPermalink
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), $25,800,000.CommentsClose CommentsPermalink
General Provisions--Department of Commerce
(INCLUDING TRANSFER OF FUNDS)
Sec. 101. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce by this Act shall be available for the activities specified in the Act of October 26, 1949 (
Sec. 102. During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by
Sec. 103. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Commerce in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That the Secretary of Commerce shall notify the Committees on Appropriations at least 15 days in advance of the acquisition or disposal of any capital asset (including land, structures, and equipment) not specifically provided for in this Act or any other law appropriating funds for the Department of Commerce: Provided further, That for the National Oceanic and Atmospheric Administration this section shall provide for transfers among appropriations made only to the National Oceanic and Atmospheric Administration and such appropriations may not be transferred and reprogrammed to other Department of Commerce bureaus and appropriation accounts.CommentsClose CommentsPermalink
Sec. 104. Any costs incurred by a department or agency funded under this title resulting from personnel actions taken in response to funding reductions included in this title or from actions taken for the care and protection of loan collateral or grant property shall be absorbed within the total budgetary resources available to such department or agency: Provided, That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further, That use of funds to carry out this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.CommentsClose CommentsPermalink
Sec. 105. Hereafter, notwithstanding any other provision of law, no funds appropriated under this Act or any other Act shall be used to register, issue, transfer, or enforce any trademark of the phrase ‘Last Best Place’.CommentsClose CommentsPermalink
Sec. 106. Hereafter, the Secretary of Commerce is permitted to prescribe and enforce standards or regulations affecting safety and health in the context of scientific and occupational diving within the National Oceanic and Atmospheric Administration.CommentsClose CommentsPermalink
SEC. 107. The requirements set forth by section 112 of division B of
Sec. 108. Notwithstanding any other law, the Secretary may furnish services (including but not limited to utilities, telecommunications, and security services) necessary to support the operation, maintenance, and improvement of space that persons, firms or organizations are authorized pursuant to the Public Buildings Cooperative Use Act of 1976 or other authority to use or occupy in the Herbert C. Hoover Building, Washington, D.C., or other buildings, the maintenance, operation, and protection of which has been delegated to the Secretary from the Administrator of General Services pursuant to the Federal Property and Administrative Services Act of 1949, as amended, on a reimbursable or non-reimbursable basis. Amounts received as reimbursement for services provided under this section or the authority under which the use or occupancy of the space is authorized, up to $200,000, shall be credited to the appropriation or fund which initially bears the costs of such services.CommentsClose CommentsPermalink
SEC. 109. The amounts made available under section 213 of
SEC. 110. Section (d)(2)(A) of title
Sec. 111. With the consent of the President, the Secretary of Commerce shall represent the United States Government in negotiating and monitoring international agreements regarding fisheries, marine mammals, or sea turtles: Provided, That the Secretary of Commerce shall be responsible for the development and interdepartmental coordination of the policies of the United States with respect to the international negotiations and agreements referred to in this section.CommentsClose CommentsPermalink
This title may be cited as the ‘Department of Commerce Appropriations Act, 2009’.CommentsClose CommentsPermalink
TITLE II
DEPARTMENT OF JUSTICE
General Administration
SALARIES AND EXPENSES
For expenses necessary for the administration of the Department of Justice, $105,805,000, of which not to exceed $4,000,000 for security and construction of Department of Justice facilities shall remain available until expended: Provided, That the Attorney General is authorized to transfer funds appropriated within General Administration to any office in this account: Provided further, That $13,213,000 is for Department Leadership; $7,834,000 is for Intergovernmental Relations/External Affairs; $12,254,000 is for Executive Support/Professional Responsibility; and $72,504,000 is for the Justice Management Division: Provided further, That any change in amounts specified in the preceding proviso greater than 5 percent shall be submitted for approval to the House and Senate Committees on Appropriations consistent with the terms of section 505 of this Act: Provided further, That this transfer authority is in addition to transfers authorized under section 505 of this Act.CommentsClose CommentsPermalink
JUSTICE INFORMATION SHARING TECHNOLOGY
For necessary expenses for information sharing technology, including planning, development, deployment and departmental direction, $80,000,000, to remain available until expended, of which $7,132,000 is for the unified financial management system.CommentsClose CommentsPermalink
TACTICAL LAW ENFORCEMENT WIRELESS COMMUNICATIONS
For the costs of developing and implementing a nation-wide Integrated Wireless Network supporting Federal law enforcement, and for the costs of operations and maintenance of existing Land Mobile Radio legacy systems, $185,000,000, to remain available until expended: Provided, That the Attorney General shall transfer to this account all funds made available to the Department of Justice for the purchase of portable and mobile radios: Provided further, That any transfer made under the preceding proviso shall be subject to section 505 of this Act.CommentsClose CommentsPermalink
ADMINISTRATIVE REVIEW AND APPEALS
For expenses necessary for the administration of pardon and clemency petitions and immigration-related activities, $270,000,000, of which $4,000,000 shall be derived by transfer from the Executive Office for Immigration Review fees deposited in the ‘Immigration Examinations Fee’ account.CommentsClose CommentsPermalink
DETENTION TRUSTEE
For necessary expenses of the Federal Detention Trustee, $1,295,319,000, to remain available until expended: Provided, That the Trustee shall be responsible for managing the Justice Prisoner and Alien Transportation System: Provided further, That not to exceed $5,000,000 shall be considered ‘funds appropriated for State and local law enforcement assistance’ pursuant to
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General, $75,681,000, including not to exceed $10,000 to meet unforeseen emergencies of a confidential character.CommentsClose CommentsPermalink
United States Parole Commission
SALARIES AND EXPENSES
For necessary expenses of the United States Parole Commission as authorized, $12,570,000.CommentsClose CommentsPermalink
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for the legal activities of the Department of Justice, not otherwise provided for, including not to exceed $20,000 for expenses of collecting evidence, to be expended under the direction of, and to be accounted for solely under the certificate of, the Attorney General; and rent of private or Government-owned space in the District of Columbia, $804,007,000, of which not to exceed $10,000,000 for litigation support contracts shall remain available until expended: Provided, That of the total amount appropriated, not to exceed $10,000 shall be available to the United States National Central Bureau, INTERPOL, for official reception and representation expenses: Provided further, That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for litigation activities of the Civil Division, the Attorney General may transfer such amounts to ‘Salaries and Expenses, General Legal Activities’ from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further, That any transfer pursuant to the previous proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That of the amount appropriated, such sums as may be necessary shall be available to reimburse the Office of Personnel Management for salaries and expenses associated with the Federal observer program under section 8 of the Voting Rights Act of 1965 (
In addition, for reimbursement of expenses of the Department of Justice associated with processing cases under the National Childhood Vaccine Injury Act of 1986, not to exceed $7,833,000, to be appropriated from the Vaccine Injury Compensation Trust Fund.CommentsClose CommentsPermalink
SALARIES AND EXPENSES, ANTITRUST DIVISION
For expenses necessary for the enforcement of antitrust and kindred laws, $157,788,000, to remain available until expended: Provided, That notwithstanding any other provision of law, fees collected for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For necessary expenses of the Offices of the United States Attorneys, including inter-governmental and cooperative agreements, $1,836,336,000: Provided, That of the total amount appropriated, not to exceed $8,000 shall be available for official reception and representation expenses: Provided further, That not to exceed $25,000,000 shall remain available until expended: Provided further, That of the amount provided under this heading, not less than $33,600,000 shall be used for salaries and expenses for assistant U.S. Attorneys to carry out section 704 of the Adam Walsh Child Protection and Safety Act of 2006 (
UNITED STATES TRUSTEE SYSTEM FUND
For necessary expenses of the United States Trustee Program, as authorized, $217,416,000, to remain available until expended and to be derived from the United States Trustee System Fund: Provided, That notwithstanding any other provision of law, deposits to the Fund shall be available in such amounts as may be necessary to pay refunds due depositors: Provided further, That, notwithstanding any other provision of law, $160,000,000 of offsetting collections pursuant to
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
For expenses necessary to carry out the activities of the Foreign Claims Settlement Commission, including services as authorized by
FEES AND EXPENSES OF WITNESSES
For fees and expenses of witnesses, for expenses of contracts for the procurement and supervision of expert witnesses, for private counsel expenses, including advances, and for expenses of foreign counsel, $168,300,000, to remain available until expended: Provided, That not to exceed $10,000,000 may be made available for construction of buildings for protected witness safesites: Provided further, That not to exceed $3,000,000 may be made available for the purchase and maintenance of armored and other vehicles for witness security caravans: Provided further, That not to exceed $9,000,000 may be made available for the purchase, installation, maintenance, and upgrade of secure telecommunications equipment and a secure automated information network to store and retrieve the identities and locations of protected witnesses.CommentsClose CommentsPermalink
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
For necessary expenses of the Community Relations Service, $9,873,000: Provided, That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for conflict resolution and violence prevention activities of the Community Relations Service, the Attorney General may transfer such amounts to the Community Relations Service, from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further, That any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.CommentsClose CommentsPermalink
ASSETS FORFEITURE FUND
For expenses authorized by
United States Marshals Service
SALARIES AND EXPENSES
For necessary expenses of the United States Marshals Service, $950,000,000; of which not to exceed $30,000 shall be available for official reception and representation expenses; of which not to exceed $4,000,000 shall remain available until expended for information technology systems; and of which not less than $12,625,000 shall be available for the costs of courthouse security equipment, including furnishings, relocations, and telephone systems and cabling, and shall remain available until expended.CommentsClose CommentsPermalink
CONSTRUCTION
For construction in space controlled, occupied or utilized by the United States Marshals Service for prisoner holding and related support, $4,000,000, to remain available until expended.CommentsClose CommentsPermalink
National Security Division
SALARIES AND EXPENSES
For expenses necessary to carry out the activities of the National Security Division, $83,789,000; of which not to exceed $5,000,000 for information technology systems shall remain available until expended: Provided, That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for the activities of the National Security Division, the Attorney General may transfer such amounts to this heading from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further, That any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.CommentsClose CommentsPermalink
Interagency Law Enforcement
INTERAGENCY CRIME AND DRUG ENFORCEMENT
For necessary expenses for the identification, investigation, and prosecution of individuals associated with the most significant drug trafficking and affiliated money laundering organizations not otherwise provided for, to include inter-governmental agreements with State and local law enforcement agencies engaged in the investigation and prosecution of individuals involved in organized crime drug trafficking, $515,000,000, of which $50,000,000 shall remain available until expended: Provided, That any amounts obligated from appropriations under this heading may be used under authorities available to the organizations reimbursed from this appropriation.CommentsClose CommentsPermalink
Federal Bureau of Investigation
SALARIES AND EXPENSES
For necessary expenses of the Federal Bureau of Investigation for detection, investigation, and prosecution of crimes against the United States; $7,065,100,000; of which not to exceed $150,000,000 shall remain available until expended: Provided, That not to exceed $205,000 shall be available for official reception and representation expenses.CommentsClose CommentsPermalink
CONSTRUCTION
For necessary expenses to construct or acquire buildings and sites by purchase, or as otherwise authorized by law (including equipment for such buildings); conversion and extension of federally-owned buildings; and preliminary planning and design of projects; $153,491,000, to remain available until expended.CommentsClose CommentsPermalink
Drug Enforcement Administration
SALARIES AND EXPENSES
For necessary expenses of the Drug Enforcement Administration, including not to exceed $70,000 to meet unforeseen emergencies of a confidential character pursuant to
Bureau of Alcohol, Tobacco, Firearms and Explosives
SALARIES AND EXPENSES
For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms and Explosives, not to exceed $40,000 for official reception and representation expenses; for training of State and local law enforcement agencies with or without reimbursement, including training in connection with the training and acquisition of canines for explosives and fire accelerants detection; and for provision of laboratory assistance to State and local law enforcement agencies, with or without reimbursement, $1,054,215,000, of which not to exceed $1,000,000 shall be available for the payment of attorneys’ fees as provided by
Federal Prison System
SALARIES AND EXPENSES
For necessary expenses of the Federal Prison System for the administration, operation, and maintenance of Federal penal and correctional institutions, including purchase (not to exceed 810, of which 766 are for replacement only) and hire of law enforcement and passenger motor vehicles, and for the provision of technical assistance and advice on corrections related issues to foreign governments, $5,595,754,000: Provided, That the Attorney General may transfer to the Health Resources and Services Administration such amounts as may be necessary for direct expenditures by that Administration for medical relief for inmates of Federal penal and correctional institutions: Provided further, That the Director of the Federal Prison System, where necessary, may enter into contracts with a fiscal agent or fiscal intermediary claims processor to determine the amounts payable to persons who, on behalf of the Federal Prison System, furnish health services to individuals committed to the custody of the Federal Prison System: Provided further, That not to exceed $6,000 shall be available for official reception and representation expenses: Provided further, That not to exceed $50,000,000 shall remain available for necessary operations until September 30, 2010: Provided further, That, of the amounts provided for contract confinement, not to exceed $20,000,000 shall remain available until expended to make payments in advance for grants, contracts and reimbursable agreements, and other expenses authorized by section 501(c) of the Refugee Education Assistance Act of 1980 (
BUILDINGS AND FACILITIES
For planning, acquisition of sites and construction of new facilities; purchase and acquisition of facilities and remodeling, and equipping of such facilities for penal and correctional use, including all necessary expenses incident thereto, by contract or force account; and constructing, remodeling, and equipping necessary buildings and facilities at existing penal and correctional institutions, including all necessary expenses incident thereto, by contract or force account, $575,807,000, to remain available until expended, of which not less than $110,627,000 shall be available only for modernization, maintenance and repair, and of which not to exceed $14,000,000 shall be available to construct areas for inmate work programs: Provided, That labor of United States prisoners may be used for work performed under this appropriation.CommentsClose CommentsPermalink
FEDERAL PRISON INDUSTRIES, INCORPORATED
The Federal Prison Industries, Incorporated, is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available, and in accord with the law, and to make such contracts and commitments, without regard to fiscal year limitations as provided by
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES, INCORPORATED
Not to exceed $2,328,000 of the funds of the Federal Prison Industries, Incorporated shall be available for its administrative expenses, and for services as authorized by
State and Local Law Enforcement Activities
Office on Violence Against Women
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
For grants, contracts, cooperative agreements, and other assistance for the prevention and prosecution of violence against women, as authorized by the Omnibus Crime Control and Safe Streets Act of 1968 (
(1) $15,000,000 for the court-appointed special advocate program, as authorized by section 217 of the 1990 Act;CommentsClose CommentsPermalink
(2) $2,500,000 for child abuse training programs for judicial personnel and practitioners, as authorized by section 222 of the 1990 Act;CommentsClose CommentsPermalink
(3) $190,000,000 for grants to combat violence against women, as authorized by part T of the 1968 Act, of which--CommentsClose CommentsPermalink
(A) $18,000,000 shall be for transitional housing assistance grants for victims of domestic violence, stalking or sexual assault as authorized by section 40299 of the 1994 Act; andCommentsClose CommentsPermalink
(B) $1,880,000 shall be for the National Institute of Justice for research and evaluation of violence against women and related issues addressed by grant programs of the Office on Violence Against Women;CommentsClose CommentsPermalink
(4) $60,000,000 for grants to encourage arrest policies as authorized by part U of the 1968 Act;CommentsClose CommentsPermalink
(5) $12,000,000 for sexual assault victims assistance, as authorized by section 41601 of the 1994 Act;CommentsClose CommentsPermalink
(6) $41,000,000 for rural domestic violence and child abuse enforcement assistance grants, as authorized by section 40295 of the 1994 Act;CommentsClose CommentsPermalink
(7) $3,500,000 for training programs as authorized by section 40152 of the 1994 Act, and for related local demonstration projects;CommentsClose CommentsPermalink
(8) $3,000,000 for grants to improve the stalking and domestic violence databases, as authorized by section 40602 of the 1994 Act;CommentsClose CommentsPermalink
(9) $9,500,000 for grants to reduce violent crimes against women on campus, as authorized by section 304 of the 2005 Act;CommentsClose CommentsPermalink
(10) $37,000,000 for legal assistance for victims, as authorized by section 1201 of the 2000 Act;CommentsClose CommentsPermalink
(11) $4,250,000 for enhanced training and services to end violence against and abuse of women in later life, as authorized by section 40802 of the 1994 Act;CommentsClose CommentsPermalink
(12) $14,000,000 for the safe havens for children program, as authorized by section 1301 of the 2000 Act;CommentsClose CommentsPermalink
(13) $6,750,000 for education and training to end violence against and abuse of women with disabilities, as authorized by section 1402 of the 2000 Act;CommentsClose CommentsPermalink
(14) $3,000,000 for an engaging men and youth in prevention program, as authorized by section 41305 of the 1994 Act;CommentsClose CommentsPermalink
(15) $1,000,000 for analysis and research on violence against Indian women, as authorized by section 904 of the 2005 Act;CommentsClose CommentsPermalink
(16) $1,000,000 for tracking of violence against Indian women, as authorized by section 905 of the 2005 Act;CommentsClose CommentsPermalink
(17) $3,500,000 for services to advocate and respond to youth, as authorized by section 41201 of the 1994 Act;CommentsClose CommentsPermalink
(18) $3,000,000 for grants to assist children and youth exposed to violence, as authorized by section 41303 of the 1994 Act;CommentsClose CommentsPermalink
(19) $3,000,000 for the court training and improvements program, as authorized by section 41002 of the 1994 Act;CommentsClose CommentsPermalink
(20) $1,000,000 for the National Resource Center on Workplace Responses to assist victims of domestic violence, as authorized by section 41501 of the 1994 Act; andCommentsClose CommentsPermalink
(21) $1,000,000 for grants for televised testimony, as authorized by part N of title I of the 1968 Act.CommentsClose CommentsPermalink
Office of Justice Programs
JUSTICE ASSISTANCE
For grants, contracts, cooperative agreements, and other assistance authorized by title I of the Omnibus Crime Control and Safe Streets Act of 1968; the Missing Children’s Assistance Act (
(1) $45,000,000 is for criminal justice statistics programs, pursuant to part C of the 1968 Act, of which $26,000,000 is for the National Crime Victimization Survey; andCommentsClose CommentsPermalink
(2) $48,000,000 is for research, development, and evaluation programs:CommentsClose CommentsPermalink
Provided, That section 1404(c)(3)(E)(i) of the Victims of Crime Act of 1984, as amended (
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
For grants, contracts, cooperative agreements, and other assistance authorized by the Violent Crime Control and Law Enforcement Act of 1994 (
(1) $546,000,000 for the Edward Byrne Memorial Justice Assistance Grant program as authorized by subpart 1 of part E of title I of the 1968 Act, (except that section 1001(c), and the special rules for Puerto Rico under section 505(g), of the 1968 Act, shall not apply for purposes of this Act), of which $5,000,000 is for use by the National Institute of Justice in assisting units of local government to identify, select, develop, modernize, and purchase new technologies for use by law enforcement, $2,000,000 is for a program to improve State and local law enforcement intelligence capabilities including antiterrorism training and training to ensure that constitutional rights, civil liberties, civil rights, and privacy interests are protected throughout the intelligence process, $7,000,000 is to reimburse State and local law enforcement for security and related costs, including overtime, associated with the extraordinary security required to protect the President-elect during the Presidential transition period; and $20,000,000 is to reimburse State and local governments for extraordinary costs associated with the 2009 Presidential Inauguration;CommentsClose CommentsPermalink
(2) $400,000,000 for the State Criminal Alien Assistance Program, as authorized by section 241(i)(5) of the Immigration and Nationality Act (
(3) $31,000,000 for the Southwest Border Prosecutor Initiative to reimburse State, county, parish, tribal, or municipal governments for costs associated with the prosecution of criminal cases declined by local offices of the United States Attorneys;CommentsClose CommentsPermalink
(4) $3,000,000 for the Northern Border Prosecutor Initiative to reimburse State, county, parish, tribal or municipal governments for the costs associated with the prosecution of criminal cases declined by local offices of United States Attorneys;CommentsClose CommentsPermalink
(5) $178,500,000 for discretionary grants to improve the functioning of the criminal justice system, to prevent or combat juvenile delinquency, and to assist victims of crime (other than compensation): Provided, That within the amounts appropriated, $178,500,000 shall be used for the projects, and in the amounts specified in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act);CommentsClose CommentsPermalink
(6) $30,000,000 for competitive grants to improve the functioning of the criminal justice system, to prevent or combat juvenile delinquency, and to assist victims of crime (other than compensation);CommentsClose CommentsPermalink
(7) $2,000,000 for the purposes described in the Missing Alzheimer’s Disease Patient Alert Program (section 240001 of the 1994 Act);CommentsClose CommentsPermalink
(8) $10,000,000 for victim services programs for victims of trafficking, as authorized by section 107(b)(2) of
(9) $40,000,000 for Drug Courts, as authorized by section 1001(25)(A) of title I of the 1968 Act;CommentsClose CommentsPermalink
(10) $7,000,000 for a prescription drug monitoring program;CommentsClose CommentsPermalink
(11) $12,500,000 for prison rape prevention and prosecution and other programs, as authorized by the Prison Rape Elimination Act of 2003 (
(12) $10,000,000 for grants for Residential Substance Abuse Treatment for State Prisoners, as authorized by part S of title I of the 1968 Act;CommentsClose CommentsPermalink
(13) $5,500,000 for the Capital Litigation Improvement Grant Program, as authorized by section 426 of
(14) $10,000,000 for mental health courts and adult and juvenile collaboration program grants, as authorized by parts V and HH of title I of the 1968 Act, and the Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act of 2008 (
(15) $25,000,000 for assistance to Indian tribes, of which--CommentsClose CommentsPermalink
(A) $10,000,000 shall be available for grants under section 20109 of subtitle A of title II of the 1994 Act;CommentsClose CommentsPermalink
(B) $9,000,000 shall be available for the Tribal Courts Initiative; andCommentsClose CommentsPermalink
(C) $6,000,000 shall be available for tribal alcohol and substance abuse reduction assistance grants; andCommentsClose CommentsPermalink
(16) $18,000,000 for economic, high technology and Internet crime prevention grants:CommentsClose CommentsPermalink
Provided, That, if a unit of local government uses any of the funds made available under this heading to increase the number of law enforcement officers, the unit of local government will achieve a net gain in the number of law enforcement officers who perform nonadministrative public safety service.CommentsClose CommentsPermalink
WEED AND SEED PROGRAM FUND
For necessary expenses, including salaries and related expenses of the Office of Weed and Seed Strategies, $25,000,000, to remain available until expended, as authorized by section 103 of title I of the Omnibus Crime Control and Safe Streets Act of 1968.CommentsClose CommentsPermalink
JUVENILE JUSTICE PROGRAMS
For grants, contracts, cooperative agreements, and other assistance authorized by the Juvenile Justice and Delinquency Prevention Act of 1974 (‘the 1974 Act’), the Omnibus Crime Control and Safe Streets Act of 1968 (‘the 1968 Act’), the Violence Against Women and Department of Justice Reauthorization Act of 2005 (
(1) $75,000,000 for programs authorized by section 221 of the 1974 Act, and for training and technical assistance to assist small, non-profit organizations with the Federal grants process;CommentsClose CommentsPermalink
(2) $82,000,000 for grants and projects, as authorized by sections 261 and 262 of the 1974 Act: Provided, That within the amounts appropriated, $82,000,000 shall be used for the projects, and in the amounts, specified in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act);CommentsClose CommentsPermalink
(3) $80,000,000 for youth mentoring grants;CommentsClose CommentsPermalink
(4) $62,000,000 for delinquency prevention, as authorized by section 505 of the 1974 Act, of which, pursuant to sections 261 and 262 thereof--CommentsClose CommentsPermalink
(A) $25,000,000 shall be for the Tribal Youth Program;CommentsClose CommentsPermalink
(B) $10,000,000 shall be for a gang resistance education and training program; andCommentsClose CommentsPermalink
(C) $25,000,000 shall be for grants of $360,000 to each State and $4,840,000 shall be available for discretionary grants, for programs and activities to enforce State laws prohibiting the sale of alcoholic beverages to minors or the purchase or consumption of alcoholic beverages by minors, for prevention and reduction of consumption of alcoholic beverages by minors, and for technical assistance and training;CommentsClose CommentsPermalink
(5) $20,000,000 for programs authorized by the Victims of Child Abuse Act of 1990; andCommentsClose CommentsPermalink
(6) $55,000,000 for the Juvenile Accountability Block Grants program as authorized by part R of title I of the 1968 Act and Guam shall be considered a State:CommentsClose CommentsPermalink
Provided, That not more than 10 percent of each amount may be used for research, evaluation, and statistics activities designed to benefit the programs or activities authorized: Provided further, That not more than 2 percent of each amount may be used for training and technical assistance: Provided further, That the previous two provisos shall not apply to grants and projects authorized by sections 261 and 262 of the 1974 Act.CommentsClose CommentsPermalink
PUBLIC SAFETY OFFICER BENEFITS
For payments and expenses authorized by part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (
COMMUNITY ORIENTED POLICING SERVICES
For activities authorized by the Violent Crime Control and Law Enforcement Act of 1994 (
(1) $25,000,000 is for the matching grant program for armor vests for law enforcement officers, as authorized by section 2501 of title I of the 1968 Act: Provided, That $1,500,000 is transferred directly to the National Institute of Standards and Technology’s Office of Law Enforcement Standards from the Community Oriented Policing Services Office for research, testing, and evaluation programs: Provided further, That section 2501(f) of part Y of title I of the 1968 Act (
‘(3) WAIVER- The Director may waive in whole or in part, the match requirement of paragraph (1) in the case of fiscal hardship, as determined by the Director.’;CommentsClose CommentsPermalink
(2) $39,500,000 is for grants to entities described in section 1701 of title I of the 1968 Act, to address public safety and methamphetamine manufacturing, sale, and use in hot spots as authorized by section 754 of
(3) $187,000,000 is for a law enforcement technologies and interoperable communications program, and related law enforcement and public safety equipment: Provided, That within the amounts appropriated, $185,500,000 shall be used for the projects, and in the amounts, specified in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act);CommentsClose CommentsPermalink
(4) $25,000,000 is for offender re-entry programs, as authorized under section 101 and 211 of the Second Chance Act of 2007 (
(5) $10,000,000 is for grants to assist States and tribal governments as authorized by the NICS Improvements Amendments Act of 2007 (
(6) $10,000,000 is for grants to upgrade criminal records, as authorized under the Crime Identification Technology Act of 1998 (
(7) $156,000,000 is for DNA related and forensic programs and activities as follows:CommentsClose CommentsPermalink
(A) $151,000,000 for a DNA analysis and capacity enhancement program and for other local, state, and Federal forensic activities including the purposes of section 2 of the DNA Analysis Backlog Elimination Act of 2000 (the Debbie Smith DNA Backlog Grant Program); andCommentsClose CommentsPermalink
(B) $5,000,000 for the purposes described in the Kirk Bloodsworth Post-Conviction DNA Testing Program (
(8) $20,000,000 is for improving tribal law enforcement, including equipment and training;CommentsClose CommentsPermalink
(9) $15,000,000 is for programs to reduce gun crime and gang violence;CommentsClose CommentsPermalink
(10) $4,000,000 is for training and technical assistance;CommentsClose CommentsPermalink
(11) $18,000,000 is for a national grant program the purpose of which is to assist State and local law enforcement to locate, arrest and prosecute child sexual predators and exploiters, and to enforce sex offender registration laws described in section 1701(b) of the 1968 Act, of which:CommentsClose CommentsPermalink
(A) $5,000,000 is for sex offender management assistance as authorized by the Adam Walsh Act and the Violent Crime Control Act of 1994 (
(B) $1,000,000 is for the National Sex Offender Public Registry;CommentsClose CommentsPermalink
(12) $16,000,000 is for expenses authorized by part AA of the 1968 Act (Secure our Schools); andCommentsClose CommentsPermalink
(13) $25,000,000 is for Paul Coverdell Forensic Science Improvement Grants under part BB of title I of the 1968 Act.CommentsClose CommentsPermalink
SALARIES AND EXPENSES
For necessary expenses, not elsewhere specified in this title, for management and administration of programs within the Office on Violence Against Women, the Office of Justice Programs and the Community Oriented Policing Services Office, $174,000,000, of which not to exceed $14,000,000 shall be available for the Office on Violence Against Women; not to exceed $130,000,000 shall be available for the Office of Justice Programs; not to exceed $30,000,000 shall be available for the Community Oriented Policing Services Office: Provided, That, notwithstanding section 109 of title I of
General Provisions--Department of Justice
Sec. 201. In addition to amounts otherwise made available in this title for official reception and representation expenses, a total of not to exceed $50,000 from funds appropriated to the Department of Justice in this title shall be available to the Attorney General for official reception and representation expenses.CommentsClose CommentsPermalink
Sec. 202. None of the funds appropriated by this title shall be available to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape: Provided, That should this prohibition be declared unconstitutional by a court of competent jurisdiction, this section shall be null and void.CommentsClose CommentsPermalink
Sec. 203. None of the funds appropriated under this title shall be used to require any person to perform, or facilitate in any way the performance of, any abortion.CommentsClose CommentsPermalink
Sec. 204. Nothing in the preceding section shall remove the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section in any way diminishes the effect of section 203 intended to address the philosophical beliefs of individual employees of the Bureau of Prisons.CommentsClose CommentsPermalink
Sec. 205. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Justice in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section: Provided further, That none of the funds appropriated to ‘Buildings and Facilities, Federal Prison System’ in this or any other Act may be transferred to ‘Salaries and Expenses, Federal Prison System’, or any other Department of Justice account, unless the President certifies that such a transfer is necessary to the national security interests of the United States, and such authority shall not be delegated, and shall be subject to section 505 of this Act.CommentsClose CommentsPermalink
Sec. 206. The Attorney General is authorized to extend through September 30, 2010, the Personnel Management Demonstration Project transferred to the Attorney General pursuant to section 1115 of the Homeland Security Act of 2002,
Sec. 207. Notwithstanding any other provision of law,
Sec. 208. None of the funds made available to the Department of Justice in this Act may be used for the purpose of transporting an individual who is a prisoner pursuant to conviction for crime under State or Federal law and is classified as a maximum or high security prisoner, other than to a prison or other facility certified by the Federal Bureau of Prisons as appropriately secure for housing such a prisoner.CommentsClose CommentsPermalink
Sec. 209. (a) None of the funds appropriated by this Act may be used by Federal prisons to purchase cable television services, to rent or purchase videocassettes, videocassette recorders, or other audiovisual or electronic equipment used primarily for recreational purposes.CommentsClose CommentsPermalink
(b) The preceding sentence does not preclude the renting, maintenance, or purchase of audiovisual or electronic equipment for inmate training, religious, or educational programs.CommentsClose CommentsPermalink
Sec. 210. None of the funds made available under this title shall be obligated or expended for Sentinel, or for any other major new or enhanced information technology program having total estimated development costs in excess of $100,000,000, unless the Deputy Attorney General and the investment review board certify to the Committees on Appropriations that the information technology program has appropriate program management and contractor oversight mechanisms in place, and that the program is compatible with the enterprise architecture of the Department of Justice.CommentsClose CommentsPermalink
Sec. 211. The notification thresholds and procedures set forth in section 505 of this Act shall apply to deviations from the amounts designated for specific activities in this Act and accompanying statement, and to any use of deobligated balances of funds provided under this title in previous years.CommentsClose CommentsPermalink
Sec. 212. None of the funds appropriated by this Act may be used to plan for, begin, continue, finish, process, or approve a public-private competition under the Office of Management and Budget Circular A-76 or any successor administrative regulation, directive, or policy for work performed by employees of the Bureau of Prisons or of Federal Prison Industries, Incorporated.CommentsClose CommentsPermalink
Sec. 213. Notwithstanding any other provision of law, no funds shall be available for the salary, benefits, or expenses of any United States Attorney assigned dual or additional responsibilities by the Attorney General or his designee that exempt that United States Attorney from the residency requirements of
Sec. 214. None of the funds appropriated in this or any other Act shall be obligated for the initiation of a future phase of the Federal Bureau of Investigation’s Sentinel program until the Attorney General certifies to the Committees on Appropriations that existing phases currently under contract for development or fielding have completed a majority of the work for that phase under the performance measurement baseline validated by the integrated baseline review conducted in 2008: Provided, That this restriction does not apply to planning and design activities for future phases: Provided further, That the Bureau will notify the Committees on Appropriations of any significant changes to the baseline.CommentsClose CommentsPermalink
Sec. 215. (a) The Attorney General shall submit quarterly reports to the Inspector General of the Department of Justice regarding the costs and contracting procedures relating to each conference held by the Department of Justice during fiscal year 2009 for which the cost to the Government was more than $20,000.CommentsClose CommentsPermalink
(b) Each report submitted under subsection (a) shall include, for each conference described in that subsection held during the applicable quarter--CommentsClose CommentsPermalink
(1) a description of the subject of and number of participants attending that conference;CommentsClose CommentsPermalink
(2) a detailed statement of the costs to the Government relating to that conference, including--CommentsClose CommentsPermalink
(A) the cost of any food or beverages;CommentsClose CommentsPermalink
(B) the cost of any audio-visual services; andCommentsClose CommentsPermalink
(C) a discussion of the methodology used to determine which costs relate to that conference; andCommentsClose CommentsPermalink
(3) a description of the contracting procedures relating to that conference, including--CommentsClose CommentsPermalink
(A) whether contracts were awarded on a competitive basis for that conference; andCommentsClose CommentsPermalink
(B) a discussion of any cost comparison conducted by the Department of Justice in evaluating potential contractors for that conference.CommentsClose CommentsPermalink
This title may be cited as the ‘Department of Justice Appropriations Act, 2009’.CommentsClose CommentsPermalink
TITLE III
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and Technology Policy, in carrying out the purposes of the National Science and Technology Policy, Organization, and Priorities Act of 1976 (
National Aeronautics and Space Administration
science
For necessary expenses, not otherwise provided for, in the conduct and support of science research and development activities, including research, development, operations, support, and services; maintenance; construction of facilities including repair, rehabilitation, revitalization, and modification of facilities, construction of new facilities and additions to existing facilities, facility planning and design, and restoration, and acquisition or condemnation of real property, as authorized by law; environmental compliance and restoration; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by
aeronautics
For necessary expenses, not otherwise provided for, in the conduct and support of aeronautics research and development activities, including research, development, operations, support, and services; maintenance; construction of facilities including repair, rehabilitation, revitalization, and modification of facilities, construction of new facilities and additions to existing facilities, facility planning and design, and restoration, and acquisition or condemnation of real property, as authorized by law; environmental compliance and restoration; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by
exploration
For necessary expenses, not otherwise provided for, in the conduct and support of exploration research and development activities, including research, development, operations, support, and services; maintenance; construction of facilities including repair, rehabilitation, revitalization, and modification of facilities, construction of new facilities and additions to existing facilities, facility planning and design, and restoration, and acquisition or condemnation of real property, as authorized by law; environmental compliance and restoration; space flight, spacecraft control, and communications activities; program management, personnel and related costs, including uniforms or allowances therefor, as authorized by
space operations
For necessary expenses, not otherwise provided for, in the conduct and support of space operations research and development activities, including research, development, operations, support and services; space flight, spacecraft control and communications activities including operations, production, and services; maintenance; construction of facilities including repair, rehabilitation, revitalization and modification of facilities, construction of new facilities and additions to existing facilities, facility planning and design, and restoration, and acquisition or condemnation of real property, as authorized by law; environmental compliance and restoration; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by
education
For necessary expenses, not otherwise provided for, in carrying out aerospace and aeronautical education research and development activities, including research, development, operations, support, and services; program management; personnel and related costs, uniforms or allowances therefor, as authorized by
CROSS AGENCY SUPPORT
For necessary expenses, not otherwise provided for, in the conduct and support of science, aeronautics, exploration, space operations and education research and development activities, including research, development, operations, support, and services; maintenance; construction of facilities including repair, rehabilitation, revitalization, and modification of facilities, construction of new facilities and additions to existing facilities, facility planning and design, and restoration, and acquisition or condemnation of real property, as authorized by law; environmental compliance and restoration; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by
office of inspector general
For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, $33,600,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
ADMINISTRATIVE PROVISIONS
Notwithstanding the limitation on the duration of availability of funds appropriated to the National Aeronautics and Space Administration for any account in this Act, except for ‘Office of Inspector General’, when any activity has been initiated by the incurrence of obligations for construction of facilities or environmental compliance and restoration activities as authorized by law, such amount available for such activity shall remain available until expended. This provision does not apply to the amounts appropriated for institutional minor revitalization and minor construction of facilities, and institutional facility planning and design.CommentsClose CommentsPermalink
Notwithstanding the limitation on the availability of funds appropriated to the National Aeronautics and Space Administration for any account in this Act, except for ‘Office of Inspector General’, the amounts appropriated for construction of facilities shall remain available until September 30, 2011.CommentsClose CommentsPermalink
Funds for announced prizes otherwise authorized shall remain available, without fiscal year limitation, until the prize is claimed or the offer is withdrawn.CommentsClose CommentsPermalink
Not to exceed 5 percent of any appropriation made available for the current fiscal year for the National Aeronautics and Space Administration in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers. Any transfer pursuant to this provision shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section.CommentsClose CommentsPermalink
Notwithstanding any other provision of law, no funds shall be used to implement any Reduction in Force or other involuntary separations (except for cause) by the National Aeronautics and Space Administration prior to September 30, 2009.CommentsClose CommentsPermalink
The unexpired balances of the Science, Aeronautics, and Exploration account, for activities for which funds are provided under this Act, may be transferred to the new accounts established in this Act that provide such activity. Balances so transferred shall be merged with the funds in the newly established accounts, but shall be available under the same terms, conditions and period of time as previously appropriated.CommentsClose CommentsPermalink
For the closeout of all Space Shuttle contracts and associated programs, amounts that have expired but have not been cancelled in the Human Space Flight, Space Flight Capabilities, and Exploration Capabilities appropriations accounts shall remain available through fiscal year 2015 for the liquidation of valid obligations incurred during the period of fiscal year 2001 through fiscal year 2009.CommentsClose CommentsPermalink
Funding designations and minimum funding requirements contained in any other Act shall not be applicable to funds appropriated by this title for the National Aeronautics and Space Administration.CommentsClose CommentsPermalink
The Administrator of NASA shall, not later than February 2, 2009, submit to the appropriate committees of Congress a report that delineates by fiscal year, mission directorate and object class the full costs necessary for Space Shuttle retirement and transition activities for fiscal years 2006 through 2015 that includes, but is not limited to, the following:CommentsClose CommentsPermalink
(1) the costs for environmental compliance and remediation;CommentsClose CommentsPermalink
(2) the gross and net proceeds from exchange sales of excess Space Shuttle equipment;CommentsClose CommentsPermalink
(3) the costs to maintain required facilities at Kennedy Space Center during the gap in human space flight;CommentsClose CommentsPermalink
(4) the costs associated with preservation of historic properties;CommentsClose CommentsPermalink
(5) the costs of workforce transition; andCommentsClose CommentsPermalink
(6) other costs related to Space Shuttle retirement and transition.CommentsClose CommentsPermalink
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science Foundation Act of 1950, as amended (
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
For necessary expenses for the acquisition, construction, commissioning, and upgrading of major research equipment, facilities, and other such capital assets pursuant to the National Science Foundation Act of 1950, as amended (
education and human resources
For necessary expenses in carrying out science and engineering education and human resources programs and activities pursuant to the National Science Foundation Act of 1950, as amended (
agency operations and award management
For agency operations and award management necessary in carrying out the National Science Foundation Act of 1950, as amended (
office of the national science board
For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms in the District of Columbia, and the employment of experts and consultants under
office of inspector general
For necessary expenses of the Office of Inspector General as authorized by the Inspector General Act of 1978, as amended, $12,000,000.CommentsClose CommentsPermalink
This title may be cited as the ‘Science Appropriations Act, 2009’.CommentsClose CommentsPermalink
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
SALARIES AND EXPENSES
For necessary expenses of the Commission on Civil Rights, including hire of passenger motor vehicles, $8,800,000: Provided, That none of the funds appropriated in this paragraph shall be used to employ in excess of four full-time individuals under Schedule C of the Excepted Service exclusive of one special assistant for each Commissioner: Provided further, That none of the funds appropriated in this paragraph shall be used to reimburse Commissioners for more than 75 billable days, with the exception of the chairperson, who is permitted 125 billable days.CommentsClose CommentsPermalink
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity Commission as authorized by title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Equal Pay Act of 1963, the Americans with Disabilities Act of 1990, and the Civil Rights Act of 1991, including services as authorized by
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade Commission, including hire of passenger motor vehicles, and services as authorized by
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out the purposes of the Legal Services Corporation Act of 1974, $390,000,000, of which $365,800,000 is for basic field programs and required independent audits; $4,200,000 is for the Office of Inspector General, of which such amounts as may be necessary may be used to conduct additional audits of recipients; $16,000,000 is for management and administration; $3,000,000 is for client self-help and information technology; and $1,000,000 is for loan repayment assistance: Provided, That the Legal Services Corporation may continue to provide locality pay to officers and employees at a rate no greater than that provided by the Federal Government to Washington, DC-based employees as authorized by
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal Services Corporation shall be expended for any purpose prohibited or limited by, or contrary to any of the provisions of, sections 501, 502, 503, 504, 505, and 506 of
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as authorized by title II of
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States Trade Representative, including the hire of passenger motor vehicles and the employment of experts and consultants as authorized by
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as authorized by the State Justice Institute Authorization Act of 1984 (
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress.CommentsClose CommentsPermalink
Sec. 502. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.CommentsClose CommentsPermalink
Sec. 503. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to
Sec. 504. If any provision of this Act or the application of such provision to any person or circumstances shall be held invalid, the remainder of the Act and the application of each provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby.CommentsClose CommentsPermalink
Sec. 505. (a) None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2009, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through the reprogramming of funds that:CommentsClose CommentsPermalink
(1) creates or initiates a new program, project or activity;CommentsClose CommentsPermalink
(2) eliminates a program, project or activity, unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds;CommentsClose CommentsPermalink
(3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted by this Act, unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds;CommentsClose CommentsPermalink
(4) relocates an office or employees, unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds;CommentsClose CommentsPermalink
(5) reorganizes or renames offices, programs or activities, unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds;CommentsClose CommentsPermalink
(6) contracts out or privatizes any functions or activities presently performed by Federal employees, unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds;CommentsClose CommentsPermalink
(7) proposes to use funds directed for a specific activity by either the House or Senate Committee on Appropriations for a different purpose, unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds;CommentsClose CommentsPermalink
(8) augments funds for existing programs, projects or activities in excess of $500,000 or 10 percent, whichever is less, or reduces by 10 percent funding for any program, project or activity, or numbers of personnel by 10 percent as approved by Congress, unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds; orCommentsClose CommentsPermalink
(9) results from any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, projects or activities as approved by Congress, unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds.CommentsClose CommentsPermalink
(b) None of the funds in provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2009, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through the reprogramming of funds after August 1, except in extraordinary circumstances, and only after the House and Senate Committees on Appropriations are notified 30 days in advance of such reprogramming of funds.CommentsClose CommentsPermalink
Sec. 506. Hereafter, none of the funds made available in this or any other Act may be used to implement, administer, or enforce any guidelines of the Equal Employment Opportunity Commission covering harassment based on religion, when it is made known to the Federal entity or official to which such funds are made available that such guidelines do not differ in any respect from the proposed guidelines published by the Commission on October 1, 1993 (58 Fed. Reg. 51266).CommentsClose CommentsPermalink
Sec. 507. If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a ‘Made in America’ inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, the person shall be ineligible to receive any contract or subcontract made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations.CommentsClose CommentsPermalink
Sec. 508. The Departments of Commerce and Justice, the National Science Foundation, and the National Aeronautics and Space Administration, shall provide to the House and Senate Committees on Appropriations a quarterly accounting of the cumulative balances of any unobligated funds that were received by such agency during any previous fiscal year.CommentsClose CommentsPermalink
Sec. 509. Any costs incurred by a department or agency funded under this Act resulting from, or to prevent, personnel actions taken in response to funding reductions included in this Act shall be absorbed within the total budgetary resources available to such department or agency: Provided, That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further, That use of funds to carry out this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.CommentsClose CommentsPermalink
Sec. 510. None of the funds provided by this Act shall be available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products, except for restrictions which are not applied equally to all tobacco or tobacco products of the same type.CommentsClose CommentsPermalink
Sec. 511. None of the funds appropriated pursuant to this Act or any other provision of law may be used for--CommentsClose CommentsPermalink
(1) the implementation of any tax or fee in connection with the implementation of sub
(2) any system to implement sub
Sec. 512. Notwithstanding any other provision of law, amounts deposited or available in the Fund established under
Sec. 513. None of the funds made available to the Department of Justice in this Act may be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds, or of the parents or legal guardians of such students.CommentsClose CommentsPermalink
Sec. 514. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act.CommentsClose CommentsPermalink
Sec. 515. Any funds provided in this Act used to implement E-Government Initiatives shall be subject to the procedures set forth in section 505 of this Act.CommentsClose CommentsPermalink
Sec. 516. (a) Tracing studies conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives are released without adequate disclaimers regarding the limitations of the data.CommentsClose CommentsPermalink
(b) The Bureau of Alcohol, Tobacco, Firearms and Explosives shall include in all such data releases, language similar to the following that would make clear that trace data cannot be used to draw broad conclusions about firearms-related crime:CommentsClose CommentsPermalink
(1) Firearm traces are designed to assist law enforcement authorities in conducting investigations by tracking the sale and possession of specific firearms. Law enforcement agencies may request firearms traces for any reason, and those reasons are not necessarily reported to the Federal Government. Not all firearms used in crime are traced and not all firearms traced are used in crime.CommentsClose CommentsPermalink
(2) Firearms selected for tracing are not chosen for purposes of determining which types, makes, or models of firearms are used for illicit purposes. The firearms selected do not constitute a random sample and should not be considered representative of the larger universe of all firearms used by criminals, or any subset of that universe. Firearms are normally traced to the first retail seller, and sources reported for firearms traced do not necessarily represent the sources or methods by which firearms in general are acquired for use in crime.CommentsClose CommentsPermalink
Sec. 517. (a) The Inspectors General of the Department of Commerce, the Department of Justice, the National Aeronautics and Space Administration, the National Science Foundation, and the Legal Services Corporation shall conduct audits, pursuant to the Inspector General Act (5 U.S.C. App.), of grants or contracts for which funds are appropriated by this Act, and shall submit reports to Congress on the progress of such audits, which may include preliminary findings and a description of areas of particular interest, within 180 days after initiating such an audit and every 180 days thereafter until any such audit is completed.CommentsClose CommentsPermalink
(b) Within 60 days after the date on which an audit described in subsection (a) by an Inspector General is completed, the Secretary, Attorney General, Administrator, Director, or President, as appropriate, shall make the results of the audit available to the public on the Internet website maintained by the Department, Administration, Foundation, or Corporation, respectively. The results shall be made available in redacted form to exclude--CommentsClose CommentsPermalink
(1) any matter described in
(2) sensitive personal information for any individual, the public access to which could be used to commit identity theft or for other inappropriate or unlawful purposes.CommentsClose CommentsPermalink
(c) A grant or contract funded by amounts appropriated by this Act may not be used for the purpose of defraying the costs of a banquet or conference that is not directly and programmatically related to the purpose for which the grant or contract was awarded, such as a banquet or conference held in connection with planning, training, assessment, review, or other routine purposes related to a project funded by the grant or contract.CommentsClose CommentsPermalink
(d) Any person awarded a grant or contract funded by amounts appropriated by this Act shall submit a statement to the Secretary of Commerce, the Attorney General, the Administrator, Director, or President, as appropriate, certifying that no funds derived from the grant or contract will be made available through a subcontract or in any other manner to another person who has a financial interest in the person awarded the grant or contract.CommentsClose CommentsPermalink
(e) The provisions of the preceding subsections of this section shall take effect 30 days after the date on which the Director of the Office of Management and Budget, in consultation with the Director of the Office of Government Ethics, determines that a uniform set of rules and requirements, substantially similar to the requirements in such subsections, consistently apply under the executive branch ethics program to all Federal departments, agencies, and entities.CommentsClose CommentsPermalink
Sec. 518. None of the funds appropriated or otherwise made available under this Act may be used to issue patents on claims directed to or encompassing a human organism.CommentsClose CommentsPermalink
Sec. 519. None of the funds made available in this Act shall be used in any way whatsoever to support or justify the use of torture by any official or contract employee of the United States Government.CommentsClose CommentsPermalink
Sec. 520. (a) Notwithstanding any other provision of law or treaty, none of the funds appropriated or otherwise made available under this Act or any other Act may be expended or obligated by a department, agency, or instrumentality of the United States to pay administrative expenses or to compensate an officer or employee of the United States in connection with requiring an export license for the export to Canada of components, parts, accessories or attachments for firearms listed in Category I, section 121.1 of title 22, Code of Federal Regulations (International Trafficking in Arms Regulations (ITAR), part 121, as it existed on April 1, 2005) with a total value not exceeding $500 wholesale in any transaction, provided that the conditions of subsection (b) of this section are met by the exporting party for such articles.CommentsClose CommentsPermalink
(b) The foregoing exemption from obtaining an export license--CommentsClose CommentsPermalink
(1) does not exempt an exporter from filing any Shipper’s Export Declaration or notification letter required by law, or from being otherwise eligible under the laws of the United States to possess, ship, transport, or export the articles enumerated in subsection (a); andCommentsClose CommentsPermalink
(2) does not permit the export without a license of--CommentsClose CommentsPermalink
(A) fully automatic firearms and components and parts for such firearms, other than for end use by the Federal Government, or a Provincial or Municipal Government of Canada;CommentsClose CommentsPermalink
(B) barrels, cylinders, receivers (frames) or complete breech mechanisms for any firearm listed in Category I, other than for end use by the Federal Government, or a Provincial or Municipal Government of Canada; orCommentsClose CommentsPermalink
(C) articles for export from Canada to another foreign destination.CommentsClose CommentsPermalink
(c) In accordance with this section, the District Directors of Customs and postmasters shall permit the permanent or temporary export without a license of any unclassified articles specified in subsection (a) to Canada for end use in Canada or return to the United States, or temporary import of Canadian-origin items from Canada for end use in the United States or return to Canada for a Canadian citizen.CommentsClose CommentsPermalink
(d) The President may require export licenses under this section on a temporary basis if the President determines, upon publication first in the Federal Register, that the Government of Canada has implemented or maintained inadequate import controls for the articles specified in subsection (a), such that a significant diversion of such articles has and continues to take place for use in international terrorism or in the escalation of a conflict in another nation. The President shall terminate the requirements of a license when reasons for the temporary requirements have ceased.CommentsClose CommentsPermalink
Sec. 521. Notwithstanding any other provision of law, no department, agency, or instrumentality of the United States receiving appropriated funds under this Act or any other Act shall obligate or expend in any way such funds to pay administrative expenses or the compensation of any officer or employee of the United States to deny any application submitted pursuant to
Sec. 522. None of the funds made available in this Act may be used to include in any new bilateral or multilateral trade agreement the text of--CommentsClose CommentsPermalink
(1) paragraph 2 of article 16.7 of the United States-Singapore Free Trade Agreement;CommentsClose CommentsPermalink
(2) paragraph 4 of article 17.9 of the United States-Australia Free Trade Agreement; orCommentsClose CommentsPermalink
(3) paragraph 4 of article 15.9 of the United States-Morocco Free Trade Agreement.CommentsClose CommentsPermalink
Sec. 523. None of the funds made available in this Act may be used to authorize or issue a national security letter in contravention of any of the following laws authorizing the Federal Bureau of Investigation to issue national security letters: The Right to Financial Privacy Act; The Electronic Communications Privacy Act; The Fair Credit Reporting Act; The National Security Act of 1947; USA PATRIOT Act; and the laws amended by these Acts.CommentsClose CommentsPermalink
Sec. 524. If at any time during any quarter, the program manager of a project within the jurisdiction of the Departments of Commerce or Justice, the National Aeronautics and Space Administration, or the National Science Foundation totaling more than $75,000,000 has reasonable cause to believe that the total program cost has increased by 10 percent, the program manager shall immediately inform the Secretary, Administrator, or Director. The Secretary, Administrator, or Director shall notify the House and Senate Committees on Appropriations within 30 days in writing of such increase, and shall include in such notice: the date on which such determination was made; a statement of the reasons for such increases; the action taken and proposed to be taken to control future cost growth of the project; changes made in the performance or schedule milestones and the degree to which such changes have contributed to the increase in total program costs or procurement costs; new estimates of the total project or procurement costs; and a statement validating that the project’s management structure is adequate to control total project or procurement costs.CommentsClose CommentsPermalink
Sec. 525. Funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence or intelligence related activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (
Sec. 526. The Departments, agencies, and commissions funded under this Act, shall establish and maintain on the homepages of their Internet websites--CommentsClose CommentsPermalink
(1) a direct link to the Internet websites of their Offices of Inspectors General; andCommentsClose CommentsPermalink
(2) a mechanism on the Offices of Inspectors General website by which individuals may anonymously report cases of waste, fraud, or abuse with respect to those Departments, agencies, and commissions.CommentsClose CommentsPermalink
Sec. 527. None of the funds appropriated or otherwise made available by this Act may be used to enter into a contract in an amount greater than $5,000,000 or to award a grant in excess of such amount unless the prospective contractor or grantee certifies in writing to the agency awarding the contract or grant that, to the best of its knowledge and belief, the contractor or grantee has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.CommentsClose CommentsPermalink
Sec. 528. None of the funds appropriated or otherwise made available in this Act may be used in a manner that is inconsistent with the principal negotiating objective of the United States with respect to trade remedy laws to preserve the ability of the United States--CommentsClose CommentsPermalink
(1) to enforce vigorously its trade laws, including antidumping, countervailing duty, and safeguard laws;CommentsClose CommentsPermalink
(2) to avoid agreements that--CommentsClose CommentsPermalink
(A) lessen the effectiveness of domestic and international disciplines on unfair trade, especially dumping and subsidies; orCommentsClose CommentsPermalink
(B) lessen the effectiveness of domestic and international safeguard provisions, in order to ensure that United States workers, agricultural producers, and firms can compete fully on fair terms and enjoy the benefits of reciprocal trade concessions; andCommentsClose CommentsPermalink
(3) to address and remedy market distortions that lead to dumping and subsidization, including overcapacity, cartelization, and market-access barriers.CommentsClose CommentsPermalink
(RESCISSIONS)
Sec. 529. (a) Of the unobligated balances available to the Department of Commerce from prior appropriations, the following funds are hereby rescinded from the following accounts and programs in the specified amounts:CommentsClose CommentsPermalink
(1) ‘Economic Development Administration, Economic Development Assistance Programs’, $15,000,000;CommentsClose CommentsPermalink
(2) ‘National Institute of Standards and Technology, Industrial Technology Services’, $5,000,000;CommentsClose CommentsPermalink
(3) ‘National Telecommunications and Information Administration, Salaries and Expenses’, $3,000,000;CommentsClose CommentsPermalink
(4) ‘National Telecommunications and Information Administration, Public Telecommunications, Facilities, Planning and Construction’, $1,600,000; andCommentsClose CommentsPermalink
(5) ‘Bureau of the Census, Periodic Censuses and Programs’, $1,000,000.CommentsClose CommentsPermalink
(b) Of the unobligated balances available to the Department of Justice from prior appropriations, the following funds are hereby rescinded, not later than September 30, 2009, from the following accounts in the specified amounts:CommentsClose CommentsPermalink
(1) ‘General Administration, Working Capital Fund’, $100,000,000;CommentsClose CommentsPermalink
(2) ‘Legal Activities, Assets Forfeiture Fund’, $285,000,000;CommentsClose CommentsPermalink
(3) ‘Office of Justice Programs’, $100,000,000; andCommentsClose CommentsPermalink
(4) ‘Community Oriented Policing Services’, $100,000,000.CommentsClose CommentsPermalink
(c) Each department affected by the recissions contained in subsections (a) and (b) shall, within 30 days of enactment of this Act, submit to the Committee on Appropriations of the House of Representatives and the Senate a report specifying the amount of each rescission made pursuant to this section.CommentsClose CommentsPermalink
(d) The recissions contained in this section shall not apply to funds provided in this Act.CommentsClose CommentsPermalink
Sec. 530. None of the funds made available in this Act may be used to purchase first class or premium airline travel in contravention of sections 301-10.122 through 301-10.124 of title 41 of the Code of Federal Regulations.CommentsClose CommentsPermalink
Sec. 531. None of the funds made available in this Act may be used to send or otherwise pay for the attendance of more than 50 employees from a Federal department or agency at any single conference occurring outside the United States.CommentsClose CommentsPermalink
This division may be cited as the ‘Commerce, Justice, Science, and Related Agencies Appropriations Act, 2009’.CommentsClose CommentsPermalink
DIVISION C--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 2009
TITLE I
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief of Engineers for authorized civil functions of the Department of the Army pertaining to rivers and harbors, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related efforts.CommentsClose CommentsPermalink
INVESTIGATIONS
For expenses necessary where authorized by law for the collection and study of basic information pertaining to river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related needs; for surveys and detailed studies, and plans and specifications of proposed river and harbor, flood and storm damage reduction, shore protection, and aquatic ecosystem restoration projects and related efforts prior to construction; for restudy of authorized projects; and for miscellaneous investigations and, when authorized by law, surveys and detailed studies, and plans and specifications of projects prior to construction, $168,100,000, to remain available until expended: Provided, That, except as provided in section 101 of this Act, the amounts made available under this paragraph shall be expended as authorized in law for the projects and activities specified in the text and table under this heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).CommentsClose CommentsPermalink
CONSTRUCTION
For expenses necessary for the construction of river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related projects authorized by law; for conducting detailed studies, and plans and specifications, of such projects (including those involving participation by States, local governments, or private groups) authorized or made eligible for selection by law (but such detailed studies, and plans and specifications, shall not constitute a commitment of the Government to construction); $2,141,677,000, to remain available until expended; of which such sums as are necessary to cover the Federal share of construction costs for facilities under the Dredged Material Disposal Facilities program shall be derived from the Harbor Maintenance Trust Fund as authorized by
MISSISSIPPI RIVER AND TRIBUTARIES
For expenses necessary for flood damage reduction projects and related efforts in the Mississippi River alluvial valley below Cape Girardeau, Missouri, as authorized by law, $383,823,000, to remain available until expended, of which such sums as are necessary to cover the Federal share of eligible operation and maintenance costs for inland harbors shall be derived from the Harbor Maintenance Trust Fund: Provided, That the Chief of Engineers is directed to use $5,000,000 of the funds provided herein for design and real estate activities and pump supply elements for the Yazoo Basin, Yazoo Backwater Pumping Plant, Mississippi: Provided further, That the Secretary of the Army, acting through the Chief of Engineers is directed to use $8,000,000 appropriated herein for construction of water withdrawal features of the Grand Prairie, Arkansas, project: Provided further, That, except as provided in section 101 of this Act, the amounts made available under this paragraph shall be expended as authorized in law for the projects and activities specified in the text and table under this heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).CommentsClose CommentsPermalink
OPERATION AND MAINTENANCE
For expenses necessary for the operation, maintenance, and care of existing river and harbor, flood and storm damage reduction, aquatic ecosystem restoration, and related projects authorized by law; providing security for infrastructure owned or operated by the Corps, including administrative buildings and laboratories; maintaining harbor channels provided by a State, municipality, or other public agency that serve essential navigation needs of general commerce, where authorized by law; surveying and charting northern and northwestern lakes and connecting waters; clearing and straightening channels; and removing obstructions to navigation, $2,201,900,000, to remain available until expended, of which such sums as are necessary to cover the Federal share of eligible operation and maintenance costs for coastal harbors and channels, and for inland harbors shall be derived from the Harbor Maintenance Trust Fund; of which such sums as become available from the special account for the Corps established by the Land and Water Conservation Act of 1965, as amended (
REGULATORY PROGRAM
For expenses necessary for administration of laws pertaining to regulation of navigable waters and wetlands, $183,000,000, to remain available until expended: Provided, That the Secretary of the Army, acting through the Chief of Engineers, may use up to $3,200,000 of the funds appropriated herein to reimburse the Port of Arlington, Gillam County, Oregon, for those direct construction costs determined by the Secretary to have been incurred by the Port as a result of and following issuance of the Department of the Army Regulatory Program permit for the construction of a commercial dock and offload facility at the Port in February 2007, including the removal of the commercial dock and offload facility.CommentsClose CommentsPermalink
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
For expenses necessary to clean up contamination from sites in the United States resulting from work performed as part of the Nation’s early atomic energy program, $140,000,000, to remain available until expended.CommentsClose CommentsPermalink
EXPENSES
For expenses necessary for the supervision and general administration of the civil works program in the headquarters of the United States Army Corps of Engineers, and the offices of the Division Engineers; and for the management and operation of the Humphreys Engineer Center Support Activity, the Institute for Water Resources, the United States Army Engineer Research and Development Center, and the United States Army Corps of Engineers Finance Center, $179,365,000, to remain available until expended, of which not to exceed $5,000 may be used for official reception and representation purposes and only during the current fiscal year: Provided, That no part of any other appropriation provided in title I of this Act shall be available to fund the civil works activities of the Office of the Chief of Engineers or the civil works executive direction and management activities of the division offices.CommentsClose CommentsPermalink
OFFICE OF ASSISTANT SECRETARY OF THE ARMY (CIVIL WORKS)
For the Office of Assistant Secretary of the Army (Civil Works) as authorized by
ADMINISTRATIVE PROVISION
The Revolving Fund, Corps of Engineers, shall be available during the current fiscal year for purchase (not to exceed 100 for replacement only) and hire of passenger motor vehicles for the civil works program.CommentsClose CommentsPermalink
GENERAL PROVISIONS, CORPS OF ENGINEERS--CIVIL
SEC. 101. (a) None of the funds provided in title I of this Act, or provided by previous appropriations Acts to the agencies or entities funded in title I of this Act that remain available for obligation or expenditure in fiscal year 2009, shall be available for obligation or expenditure through a reprogramming of funds that:CommentsClose CommentsPermalink
(1) creates or initiates a new program, project, or activity;CommentsClose CommentsPermalink
(2) eliminates a program, project, or activity;CommentsClose CommentsPermalink
(3) increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by this Act, unless prior approval is received from the House and Senate Committees on Appropriations;CommentsClose CommentsPermalink
(4) proposes to use funds directed for a specific activity for a different purpose, unless prior approval is received from the House and Senate Committees on Appropriations;CommentsClose CommentsPermalink
(5) augments or reduces existing programs, projects or activities in excess of the amounts contained in subsections 6 through 10, unless prior approval is received from the House and Senate Committees on Appropriations;CommentsClose CommentsPermalink
(6) INVESTIGATIONS- For a base level over $100,000, reprogramming of 25 percent of the base amount up to a limit of $150,000 per project, study or activity is allowed: Provided, That for a base level less than $100,000, the reprogramming limit is $25,000; Provided further, That up to $25,000 may be reprogrammed into any continuing study or activity that did not receive an appropriation for existing obligations and concomitant administrative expenses;CommentsClose CommentsPermalink
(7) CONSTRUCTION- For a base level over $2,000,000, reprogramming of 15 percent of the base amount up to a limit of $3,000,000 per project, study or activity is allowed: Provided, That for a base level less than $2,000,000, the reprogramming limit is $300,000: Provided further, That up to $3,000,000 may be reprogrammed for settled contractor claims, changed conditions, or real estate deficiency judgments: Provided further, That up to $300,000 may be reprogrammed into any continuing study or activity that did not receive an appropriation for existing obligations and concomitant administrative expenses;CommentsClose CommentsPermalink
(8) OPERATION AND MAINTENANCE- Unlimited reprogramming authority is granted in order for the Corps to be able to respond to emergencies: Provided, That the Chief of Engineers must notify the House and Senate Committees on Appropriations of these emergency actions as soon thereafter as practicable: Provided further, That for a base level over $1,000,000, reprogramming of 15 percent of the base amount up to a limit of $5,000,000 per project, study or activity is allowed: Provided further, That for a base level less than $1,000,000, the reprogramming limit is $150,000: Provided further, That $150,000 may be reprogrammed into any continuing study or activity that did not receive an appropriation;CommentsClose CommentsPermalink
(9) MISSISSIPPI RIVER AND TRIBUTARIES- The same reprogramming guidelines for the Investigations, Construction, and Operation and Maintenance portions of the Mississippi River and Tributaries Account as listed above; andCommentsClose CommentsPermalink
(10) FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM- Reprogramming of up to 15 percent of the base of the receiving project is permitted.CommentsClose CommentsPermalink
(b) CONTINUING AUTHORITIES PROGRAM- Subsection (a)(1) shall not apply to any project or activity funded under the continuing authorities program.CommentsClose CommentsPermalink
(c) Not later than 60 days after the date of enactment of this Act, the Corps of Engineers shall submit a report to the House and Senate Committees on Appropriations to establish the baseline for application of reprogramming and transfer authorities for the current fiscal year: Provided, That the report shall include:CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(2) A delineation in the table for each appropriation both by object class and program, project and activity as detailed in the budget appendix for the respective appropriations; andCommentsClose CommentsPermalink
(3) An identification of items of special congressional interest: Provided further, That the amount appropriated for salaries and expenses of the Corps of Engineers shall be reduced by $100,000 per day for each day after the required date that the report has not been submitted to the Congress.CommentsClose CommentsPermalink
SEC. 102. None of the funds in this Act, or previous Acts, making funds available for Energy and Water Development, shall be used to implement any pending or future competitive sourcing actions under OMB Circular A-76 or High Performing Organizations for the U.S. Army Corps of Engineers.CommentsClose CommentsPermalink
Sec. 103. None of the funds made available in this title may be used to award or modify any contract that commits an amount for a project in excess of the amounts appropriated for that project that remain unobligated.CommentsClose CommentsPermalink
SEC. 104. Within 90 days of the date of the Chief of Engineers Report on a water resource matter, the Assistant Secretary of the Army (Civil Works) shall submit the report to the appropriate authorizing and appropriating committees of the Congress.CommentsClose CommentsPermalink
SEC. 105. WATER REALLOCATION, LAKE CUMBERLAND, KENTUCKY. (a) IN GENERAL- Subject to subsection (b), none of the funds made available by this Act may be used to carry out any water reallocation project or component under the Wolf Creek Project, Lake Cumberland, Kentucky, authorized under the Act of June 28, 1938 (52 Stat. 1215, ch. 795) and the Act of July 24, 1946 (60 Stat. 636, ch. 595).CommentsClose CommentsPermalink
(b) EXISTING REALLOCATIONS- Subsection (a) shall not apply to any water reallocation for Lake Cumberland, Kentucky, that is carried out subject to an agreement or payment schedule in effect on the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 106. Section 121 of the Energy and Water Development Appropriations Act, 2006 (
‘(a) Hereafter, the Secretary of the Army may carry out and fund planning studies, watershed surveys and assessments, or technical studies at 100 percent Federal expense to accomplish the purposes of the 2003 Biological Opinion described in section 205(b) of the Energy and Water Development Appropriations Act, 2005 (
; 118 Stat. 2949) as amended by subsection (b) or any related subsequent biological opinion, and the collaborative program long-term plan. In carrying out a study, survey, or assessment under this subsection, the Secretary of the Army shall consult with Federal, State, tribal and local governmental entities, as well as entities participating in the Middle Rio Grande Endangered Species Collaborative Program referred to in section 205 of this Act: Provided, That the Secretary of the Army may also provide planning and administrative assistance to the Middle Rio Grande Endangered Species Collaborative Program, which shall not be subject to cost sharing requirements with non-Federal interests.’.CommentsClose CommentsPermalink Public Law 108-447
SEC. 107. None of the funds in this Act, or previous Acts, making funds available for Energy and Water Development shall be used to award any continuing contract that commits additional funding from the Inland Waterway Trust Fund unless or until such time that a permanent solution to enhance revenues in the fund is enacted.CommentsClose CommentsPermalink
SEC. 108. The Secretary is authorized to conduct a study of the Missouri River Projects located within the Missouri River basin at a total cost of $25,000,000 with the express purpose to review the original project purposes based on the Flood Control Act of 1944, as amended, and other subsequent relevant legislation and judicial rulings to determine if changes to the authorized project purposes and existing Federal water resource infrastructure may be warranted: Provided, That this study shall be undertaken at full Federal expense.CommentsClose CommentsPermalink
SEC. 109. Section 134 of
SEC. 110. Section 101(a)(5) of the Water Resources Development Act of 1996 (110 Stat. 3663) is amended--CommentsClose CommentsPermalink
(1) by inserting ‘(A) IN GENERAL- ’ before ‘The’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(B) CREDIT TOWARD NON-FEDERAL SHARE- The Secretary shall credit toward the non-Federal share of the project the costs expended by non-Federal interests for the replacement and reconstruction of the Soquel Avenue Bridge.CommentsClose CommentsPermalink
‘(C) MAXIMUM AMOUNT OF CREDIT- The credit under paragraph (B) may not exceed $2,000,000.CommentsClose CommentsPermalink
‘(D) LIMITATION OF TOTAL PROJECT COST- The Secretary shall not include the costs to be credited under paragraphs (B) and (C) in total project costs in determining the amounts of the Federal and non-Federal contributions.’.CommentsClose CommentsPermalink
SEC. 111. The Missouri River Levee System (MRLS) Unit L-385 Project, Riverside, Missouri, authorized by the Flood Control Act of 1941,
SEC. 112. Section 115 of the Energy and Water Development and Related Agencies Appropriations Act, 2008 as contained in division C of
SEC. 113. Section 103(c)(7) of the Water Resources Development Act of 1992 (106 Stat. 4811-12), as amended by section 117 of the Energy and Water Development Appropriations Act of 2006 (119 Stat. 2255), is further amended by striking ‘15,000,000’ and inserting ‘26,000,000’.CommentsClose CommentsPermalink
SEC. 114. Section 3118 of
(1) in paragraph (b) by inserting after ‘New Mexico’ the following: ‘in accordance with the plans recommended in the feasibility report for the Middle Rio Grande Bosque, New Mexico, scheduled for completion in December 2008’;CommentsClose CommentsPermalink
(2) redesignating subsection (d) as subsection (e); andCommentsClose CommentsPermalink
(3) inserting a new subsection (d):CommentsClose CommentsPermalink
‘(d) COST SHARING- Any requirement for non-Federal participation in a project carried out in the bosque of Bernalillo County, New Mexico, pursuant to this section shall be limited to the provision of lands, easements, rights-of-way, relocations, and dredged material disposal areas necessary for construction, operation and maintenance of the project.’.CommentsClose CommentsPermalink
SEC. 115. The non-Federal interest for the project referenced in section 3154 of the Water Resources Development Act of 2007 (
SEC. 116. The Colorado Department of Natural Resources is authorized to perform modifications of the facility (Chatfield Reservoir, Colorado), and any required mitigation which results from implementation of the project: Provided, That in carrying out the reassignment of storage space provided for in this section, the Secretary shall collaborate with the Colorado Department of Natural Resources and local interests to determine costs to be repaid for storage that reflects the limited reliability of the resources and the capability of non-Federal interests to make use of the reallocated storage space in Chatfield Reservoir, Colorado.CommentsClose CommentsPermalink
SEC. 117. Section 117 of the Energy and Water Development and Related Agencies Appropriations Act, 2005, as contained in division C of
SEC. 118. The Secretary of Army, acting through the Chief of Engineers, shall reassign the regulatory boundaries of the Chicago District to align with the existing civil works boundaries of the Chicago District.CommentsClose CommentsPermalink
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
For carrying out activities authorized by the Central Utah Project Completion Act, $40,360,000, to remain available until expended, of which $987,000 shall be deposited into the Utah Reclamation Mitigation and Conservation Account for use by the Utah Reclamation Mitigation and Conservation Commission. In addition, for necessary expenses incurred in carrying out related responsibilities of the Secretary of the Interior, $1,640,000, to remain available until expended. For fiscal year 2009, the Commission may use an amount not to exceed $1,500,000 for administrative expenses.CommentsClose CommentsPermalink
Bureau of Reclamation
The following appropriations shall be expended to execute authorized functions of the Bureau of Reclamation:CommentsClose CommentsPermalink
WATER AND RELATED RESOURCES
(INCLUDING TRANSFERS OF FUNDS)
For management, development, and restoration of water and related natural resources and for related activities, including the operation, maintenance, and rehabilitation of reclamation and other facilities, participation in fulfilling related Federal responsibilities to Native Americans, and related grants to, and cooperative and other agreements with, State and local governments, federally recognized Indian tribes, and others, $920,259,000, to remain available until expended, of which $46,655,000 shall be available for transfer to the Upper Colorado River Basin Fund and $24,962,000 shall be available for transfer to the Lower Colorado River Basin Development Fund; of which such amounts as may be necessary may be advanced to the Colorado River Dam Fund; of which not more than $500,000 is for high priority projects which shall be carried out by the Youth Conservation Corps, as authorized by
CENTRAL VALLEY PROJECT RESTORATION FUND
For carrying out the programs, projects, plans, habitat restoration, improvement, and acquisition provisions of the Central Valley Project Improvement Act, $56,079,000, to be derived from such sums as may be collected in the Central Valley Project Restoration Fund pursuant to sections 3407(d), 3404(c)(3), 3405(f), and 3406(c)(1) of
CALIFORNIA BAY-DELTA RESTORATION
(INCLUDING TRANSFERS OF FUNDS)
For carrying out activities authorized by the Water Supply, Reliability, and Environmental Improvement Act, consistent with plans to be approved by the Secretary of the Interior, $40,000,000, to remain available until expended, of which such amounts as may be necessary to carry out such activities may be transferred to appropriate accounts of other participating Federal agencies to carry out authorized purposes: Provided, That funds appropriated herein may be used for the Federal share of the costs of CALFED Program management: Provided further, That the use of any funds provided to the California Bay-Delta Authority for program-wide management and oversight activities shall be subject to the approval of the Secretary of the Interior: Provided further, That CALFED implementation shall be carried out in a balanced manner with clear performance measures demonstrating concurrent progress in achieving the goals and objectives of the Program.CommentsClose CommentsPermalink
POLICY AND ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of policy, administration, and related functions in the Office of the Commissioner, the Denver office, and offices in the five regions of the Bureau of Reclamation, to remain available until expended, $59,400,000, to be derived from the Reclamation Fund and be nonreimbursable as provided in
ADMINISTRATIVE PROVISION
Appropriations for the Bureau of Reclamation shall be available for purchase of not to exceed seven passenger motor vehicles, which are for replacement only.CommentsClose CommentsPermalink
General Provisions, Department of the Interior
SEC. 201. (a) None of the funds provided in title II of this Act for Water and Related Resources, or provided by previous appropriations Acts to the agencies or entities funded in title II of this Act for Water and Related Resources that remain available for obligation or expenditure in fiscal year 2009, shall be available for obligation or expenditure through a reprogramming of funds that--CommentsClose CommentsPermalink
(1) initiates or creates a new program, project, or activity;CommentsClose CommentsPermalink
(2) eliminates a program, project, or activity;CommentsClose CommentsPermalink
(3) increases funds for any program, project, or activity for which funds have been denied or restricted by this Act, unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate;CommentsClose CommentsPermalink
(4) restarts or resumes any program, project or activity for which funds are not provided in this Act, unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate;CommentsClose CommentsPermalink
(5) transfers funds in excess of the following limits, unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate:CommentsClose CommentsPermalink
(A) 15 percent for any program, project or activity for which $2,000,000 or more is available at the beginning of the fiscal year; orCommentsClose CommentsPermalink
(B) $300,000 for any program, project or activity for which less than $2,000,000 is available at the beginning of the fiscal year;CommentsClose CommentsPermalink
(6) transfers more than $500,000 from either the Facilities Operation, Maintenance, and Rehabilitation category or the Resources Management and Development category to any program, project, or activity in the other category, unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate; orCommentsClose CommentsPermalink
(7) transfers, where necessary to discharge legal obligations of the Bureau of Reclamation, more than $5,000,000 to provide adequate funds for settled contractor claims, increased contractor earnings due to accelerated rates of operations, and real estate deficiency judgments, unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate.CommentsClose CommentsPermalink
(b) Subsection (a)(5) shall not apply to any transfer of funds within the Facilities Operation, Maintenance, and Rehabilitation category.CommentsClose CommentsPermalink
(c) For purposes of this section, the term ‘transfer’ means any movement of funds into or out of a program, project, or activity.CommentsClose CommentsPermalink
(d) The Bureau of Reclamation shall submit reports on a quarterly basis to the Committees on Appropriations of the House of Representatives and the Senate detailing all the funds reprogrammed between programs, projects, activities, or categories of funding. The first quarterly report shall be submitted not later than 60 days after the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 202. (a) None of the funds appropriated or otherwise made available by this Act may be used to determine the final point of discharge for the interceptor drain for the San Luis Unit until development by the Secretary of the Interior and the State of California of a plan, which shall conform to the water quality standards of the State of California as approved by the Administrator of the Environmental Protection Agency, to minimize any detrimental effect of the San Luis drainage waters.CommentsClose CommentsPermalink
(b) The costs of the Kesterson Reservoir Cleanup Program and the costs of the San Joaquin Valley Drainage Program shall be classified by the Secretary of the Interior as reimbursable or nonreimbursable and collected until fully repaid pursuant to the ‘Cleanup Program-Alternative Repayment Plan’ and the ‘SJVDP-Alternative Repayment Plan’ described in the report entitled ‘Repayment Report, Kesterson Reservoir Cleanup Program and San Joaquin Valley Drainage Program, February 1995’, prepared by the Department of the Interior, Bureau of Reclamation. Any future obligations of funds by the United States relating to, or providing for, drainage service or drainage studies for the San Luis Unit shall be fully reimbursable by San Luis Unit beneficiaries of such service or studies pursuant to Federal reclamation law.CommentsClose CommentsPermalink
SEC. 203. None of the funds appropriated or otherwise made available by this or any other Act may be used to pay the salaries and expenses of personnel to purchase or lease water in the Middle Rio Grande or the Carlsbad Projects in New Mexico unless said purchase or lease is in compliance with the purchase requirements of section 202 of
SEC. 204. Funds under this title for Drought Emergency Assistance shall be made available primarily for leasing of water for specified drought related purposes from willing lessors, in compliance with existing State laws and administered under State water priority allocation.CommentsClose CommentsPermalink
SEC. 205. The Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation, is authorized to enter into grants, cooperative agreements, and other agreements with irrigation or water districts and States to fund up to 50 percent of the cost of planning, designing, and constructing improvements that will conserve water, increase water use efficiency, or enhance water management through measurement or automation, at existing water supply projects within the States identified in the Act of June 17, 1902, as amended, and supplemented: Provided, That when such improvements are to federally owned facilities, such funds may be provided in advance on a nonreimbursable basis to an entity operating affected transferred works or may be deemed nonreimbursable for nontransferred works: Provided further, That the calculation of the non-Federal contribution shall provide for consideration of the value of any in-kind contributions, but shall not include funds received from other Federal agencies: Provided further, That the cost of operating and maintaining such improvements shall be the responsibility of the non-Federal entity: Provided further, That this section shall not supercede any existing project-specific funding authority: Provided further, That the Secretary is also authorized to enter into grants or cooperative agreements with universities or nonprofit research institutions to fund water use efficiency research.CommentsClose CommentsPermalink
SEC. 206. (a) Section 209 of the Energy and Water Development Appropriations Act, 2004 (
(b) The Secretary of the Interior (referred to in this section as the ‘Secretary’) shall establish and maintain an Executive Committee of the Middle Rio Grande Endangered Species Collaborative Program (referred to in this section as the ‘Executive Committee’) consistent with the bylaws of the Middle Rio Grande Endangered Species Collaborative Program adopted on October 2, 2006.CommentsClose CommentsPermalink
(c) Hereafter, in compliance with applicable Federal and State laws, the Secretary (acting through the Commissioner of Reclamation), in collaboration with the Executive Committee, may enter into any grants, contracts, cooperative agreements, interagency agreements, or other agreements that the Secretary determines to be necessary to comply with the 2003 Biological Opinion described in section 205(b) of the Energy and Water Development Appropriations Act, 2005 (
(d)(1) The acquisition of water under subsection (c) and any administrative costs associated with carrying out subsection (c) shall be at full Federal expense.CommentsClose CommentsPermalink
(2) Not more than 15 percent of amounts appropriated to carry out subsection (c) shall be made available for the payment of administrative expenses associated with carrying out that subsection.CommentsClose CommentsPermalink
(e)(1) The non-Federal share of activities carried out under subsection (c) (other than an activity or a cost described in subsection (d)(1)) shall be 25 percent. The non-Federal cost share shall be determined on a programmatic, rather than a project-by-project basis.CommentsClose CommentsPermalink
(2) The non-Federal share required under paragraph (1) may be in the form of in-kind contributions, the value of which shall be determined by the Secretary in consultation with the executive committee.CommentsClose CommentsPermalink
(f) Nothing in this section modifies or expands the discretion of the Secretary with respect to operating reservoir facilities under the jurisdiction of the Secretary in the Rio Grande Valley, New Mexico.CommentsClose CommentsPermalink
Sec. 207. Section 208 of the Energy and Water Development and Related Agencies Appropriations Act, 2008 (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) in paragraph (2)(B), by inserting ‘, as determined by the nonprofit conservation organization’ after ‘Lake’; andCommentsClose CommentsPermalink
(B) in paragraph (4), by striking ‘retirement of water rights’ and all that follows through the semicolon at the end and inserting ‘retirement of water rights;’; andCommentsClose CommentsPermalink
(2) in subsection (b), by striking ‘June 30, 2010’ and inserting ‘June 30, 2012’.CommentsClose CommentsPermalink
Sec. 208. Notwithstanding any other provision of law, of amounts made available under section 2507 of the Farm Security and Rural Investment Act of 2002 (
(1) $300,000 to the Desert Research Institute for LIDAR acquisition data in the Walker River Basin, to supplement water rights research and data funded under section 208(a)(1) of the Energy and Water Development Appropriations Act, 2006 (
(2) $300,000 to the Director of the United States Fish and Wildlife Service to conduct a multiyear assessment of and monitoring of the ability of west central Nevada lakes to support migratory loons, and identification of wintering areas and annual range of loons using Walker Lake during migration.CommentsClose CommentsPermalink
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for energy efficiency and renewable energy activities in carrying out the purposes of the Department of Energy Organization Act (
Electricity Delivery and Energy Reliability
For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for electricity delivery and energy reliability activities in carrying out the purposes of the Department of Energy Organization Act (
Nuclear Energy
(INCLUDING TRANSFER OF FUNDS)
For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for nuclear energy activities in carrying out the purposes of the Department of Energy Organization Act (
CLEAN COAL TECHNOLOGY
(INCLUDING TRANSFER OF FUNDS)
Of the funds made available under this heading for obligation in prior years, $149,000,000 of uncommitted balances are transferred to Fossil Energy Research and Development to be used until expended: Provided, That funds made available in previous appropriations Acts shall be made available for any ongoing project regardless of the separate request for proposal under which the project was selected.CommentsClose CommentsPermalink
Fossil Energy Research and Development
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses in carrying out fossil energy research and development activities, under the authority of the Department of Energy Organization Act (
Naval Petroleum and Oil Shale Reserves
For expenses necessary to carry out naval petroleum and oil shale reserve activities, including the hire of passenger motor vehicles, $19,099,000, to remain available until expended: Provided, That, notwithstanding any other provision of law, unobligated funds remaining from prior years shall be available for all naval petroleum and oil shale reserve activities.CommentsClose CommentsPermalink
Strategic Petroleum Reserve
For necessary expenses for Strategic Petroleum Reserve facility development and operations and program management activities pursuant to the Energy Policy and Conservation Act of 1975, as amended (
Northeast Home Heating Oil Reserve
For necessary expenses for Northeast Home Heating Oil Reserve storage, operation, and management activities pursuant to the Energy Policy and Conservation Act, $9,800,000, to remain available until expended.CommentsClose CommentsPermalink
Energy Information Administration
For necessary expenses in carrying out the activities of the Energy Information Administration, $110,595,000, to remain available until expended.CommentsClose CommentsPermalink
Non-Defense Environmental Cleanup
For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses necessary for non-defense environmental cleanup activities in carrying out the purposes of the Department of Energy Organization Act (
Uranium Enrichment Decontamination and Decommissioning Fund
For necessary expenses in carrying out uranium enrichment facility decontamination and decommissioning, remedial actions, and other activities of title II of the Atomic Energy Act of 1954, and title X, subtitle A, of the Energy Policy Act of 1992, $535,503,000, to be derived from the Uranium Enrichment Decontamination and Decommissioning Fund, to remain available until expended, of which $10,000,000 shall be available in accordance with title X, subtitle A, of the Energy Policy Act of 1992.CommentsClose CommentsPermalink
Science
For Department of Energy expenses including the purchase, construction and acquisition of plant and capital equipment, and other expenses necessary for science activities in carrying out the purposes of the Department of Energy Organization Act (
Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the purposes of the Nuclear Waste Policy Act of 1982,
Title 17 Innovative Technology Loan Guarantee Program
Subject to section 502 of the Congressional Budget Act of 1974, commitments to guarantee loans under title XVII of the Energy Policy Act of 2005, shall not exceed a total principal amount of $47,000,000,000 for eligible projects, to remain available until committed, and of which $18,500,000,000 shall be for nuclear power facilities: Provided, That these amounts are in addition to the authority provided under section 20320 of Division B of
Departmental Administration
(INCLUDING TRANSFER OF FUNDS)
For salaries and expenses of the Department of Energy necessary for departmental administration in carrying out the purposes of the Department of Energy Organization Act (
Office of the Inspector General
For necessary expenses of the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $51,927,000, to remain available until expended.CommentsClose CommentsPermalink
ATOMIC ENERGY DEFENSE ACTIVITIES
National Nuclear Security Administration
Weapons Activities
For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other incidental expenses necessary for atomic energy defense weapons activities in carrying out the purposes of the Department of Energy Organization Act (
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other incidental expenses necessary for defense nuclear nonproliferation activities, in carrying out the purposes of the Department of Energy Organization Act (
Naval Reactors
For Department of Energy expenses necessary for naval reactors activities to carry out the Department of Energy Organization Act (
Office of the Administrator
For necessary expenses of the Office of the Administrator in the National Nuclear Security Administration, including official reception and representation expenses not to exceed $12,000, $439,190,000, to remain available until expended: Provided, That, of the amount appropriated in this paragraph, $23,311,750 shall be used for the projects specified in the table that appears under the heading ‘Congressionally Directed Office of the Administrator (NNSA) Projects’ in the text and table under this heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).CommentsClose CommentsPermalink
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
(INCLUDING TRANSFER OF FUNDS)
For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses necessary for atomic energy defense environmental cleanup activities in carrying out the purposes of the Department of Energy Organization Act (
Other Defense Activities
For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses, necessary for atomic energy defense, other defense activities, and classified activities, in carrying out the purposes of the Department of Energy Organization Act (
Defense Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the purposes of
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund, established pursuant to
Operation and Maintenance, Southeastern Power Administration
For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy, including transmission wheeling and ancillary services pursuant to section 5 of the Flood Control Act of 1944 (
Operation and Maintenance, Southwestern Power Administration
For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy, for construction and acquisition of transmission lines, substations and appurtenant facilities, and for administrative expenses, including official reception and representation expenses in an amount not to exceed $1,500 in carrying out section 5 of the Flood Control Act of 1944 (
Construction, Rehabilitation, Operation and Maintenance, Western Area Power Administration
For carrying out the functions authorized by title III, section 302(a)(1)(E) of the Act of August 4, 1977 (
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the hydroelectric facilities at the Falcon and Amistad Dams, $2,959,000, to remain available until expended, and to be derived from the Falcon and Amistad Operating and Maintenance Fund of the Western Area Power Administration, as provided in section 423 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995.CommentsClose CommentsPermalink
Federal Energy Regulatory Commission
SALARIES AND EXPENSES
For necessary expenses of the Federal Energy Regulatory Commission to carry out the provisions of the Department of Energy Organization Act (
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
Sec. 301. Contract Competition. (a) None of the funds in this or any other appropriations Act for fiscal year 2009 or any previous fiscal year may be used to make payments for a noncompetitive management and operating contract, or a contract for environmental remediation or waste management in excess of $100,000,000 in annual funding at a current or former management and operating contract site or facility, or to award a significant extension or expansion to an existing management and operating contract, or other contract covered by this section, unless such contract is awarded using competitive procedures or the Secretary of Energy grants, on a case-by-case basis, a waiver to allow for such a deviation. The Secretary may not delegate the authority to grant such a waiver.CommentsClose CommentsPermalink
(b) Within 30 days of formally notifying an incumbent contractor that the Secretary intends to grant such a waiver, the Secretary shall submit to the Subcommittees on Energy and Water Development of the Committees on Appropriations of the House of Representatives and the Senate a report notifying the Subcommittees of the waiver and setting forth, in specificity, the substantive reasons why the Secretary believes the requirement for competition should be waived for this particular award.CommentsClose CommentsPermalink
(c) In this section the term ‘competitive procedures’ has the meaning provided in section 4 of the Office of Federal Procurement Policy Act (
SEC. 302. UNFUNDED REQUESTS FOR PROPOSALS. None of the funds appropriated by this Act may be used to prepare or initiate Requests For Proposals (RFPs) for a program if the program has not been funded by Congress.CommentsClose CommentsPermalink
Sec. 303. Department of Energy Defense Nuclear Facilities Workforce Restructuring. None of the funds appropriated by this Act may be used--CommentsClose CommentsPermalink
(1) to augment the funds made available for obligation by this Act for severance payments and other benefits and community assistance grants under section 4604 of the Atomic Energy Defense Act (
(2) to provide enhanced severance payments or other benefits for employees of the Department of Energy under such section; orCommentsClose CommentsPermalink
(3) develop or implement a workforce restructuring plan that covers employees of the Department of Energy.CommentsClose CommentsPermalink
SEC. 304. UNEXPENDED BALANCES. The unexpended balances of prior appropriations provided for activities in this Act may be available to the same appropriation accounts for such activities established pursuant to this title. Available balances may be merged with funds in the applicable established accounts and thereafter may be accounted for as one fund for the same time period as originally enacted.CommentsClose CommentsPermalink
SEC. 305. BONNEVILLE POWER AUTHORITY SERVICE TERRITORY. None of the funds in this or any other Act for the Administrator of the Bonneville Power Administration may be used to enter into any agreement to perform energy efficiency services outside the legally defined Bonneville service territory, with the exception of services provided internationally, including services provided on a reimbursable basis, unless the Administrator certifies in advance that such services are not available from private sector businesses.CommentsClose CommentsPermalink
SEC. 306. USER FACILITIES. When the Department of Energy makes a user facility available to universities or other potential users, or seeks input from universities or other potential users regarding significant characteristics or equipment in a user facility or a proposed user facility, the Department shall ensure broad public notice of such availability or such need for input to universities and other potential users. When the Department of Energy considers the participation of a university or other potential user as a formal partner in the establishment or operation of a user facility, the Department shall employ full and open competition in selecting such a partner. For purposes of this section, the term ‘user facility’ includes, but is not limited to: (1) a user facility as described in section 2203(a)(2) of the Energy Policy Act of 1992 (
SEC. 307. INTELLIGENCE ACTIVITIES. Funds appropriated by this or any other Act, or made available by the transfer of funds in this Act, for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (
SEC. 308. LABORATORY DIRECTED RESEARCH AND DEVELOPMENT. Of the funds made available by the Department of Energy for activities at government-owned, contractor-operated laboratories funded in this Act or subsequent Energy and Water Development Appropriations Acts, the Secretary may authorize a specific amount, not to exceed 8 percent of such funds, to be used by such laboratories for laboratory directed research and development: Provided, That the Secretary may also authorize a specific amount not to exceed 4 percent of such funds, to be used by the plant manager of a covered nuclear weapons production plant or the manager of the Nevada Site Office for plant or site directed research and development: Provided further, That notwithstanding Department of Energy order 413.2A, dated January 8, 2001, beginning in fiscal year 2006 and thereafter, all DOE laboratories may be eligible for laboratory directed research and development funding.CommentsClose CommentsPermalink
Sec. 309. Reliable Replacement Warhead. None of the funds provided in this Act shall be available for the Reliable Replacement Warhead (RRW).CommentsClose CommentsPermalink
SEC. 310. GENERAL PLANT PROJECTS. Plant or construction projects for which amounts are made available under this and subsequent appropriation Acts with a current estimated cost of less than $10,000,000 are considered for purposes of section 4703 of
Sec. 311. Energy Production. The Secretary of Energy shall provide funding to the National Academy of Sciences to conduct an inventory of the energy development potential on all lands currently managed by the Department of Energy together with a report, to be submitted not later than July 1, 2009, which includes (1) a detailed analysis of all such resources including oil, gas, coal, solar, wind, geothermal and other renewable resources on such lands, (2) a delineation of the resources presently available for development as well as those potentially available in the future, and (3) an analysis of the environmental impacts associated with any future development including actions necessary to mitigate negative impacts.CommentsClose CommentsPermalink
SEC. 312. RENO HYDROGEN FUEL PROJECT. (a) The non-Federal share of project costs shall be 20 percent.CommentsClose CommentsPermalink
(b) The cost of project vehicles, related facilities, and other activities funded from the Federal Transit Administration sections 5307, 5308, 5309, and 5314 program, including the non-Federal share for the FTA funds, is an eligible component of the non-Federal share for this project.CommentsClose CommentsPermalink
(c) Contribution of the non-Federal share of project costs for all grants made for this project may be deferred until the entire project is completed.CommentsClose CommentsPermalink
(d) All operations and maintenance costs associated with vehicles, equipment, and facilities utilized for this project are eligible project costs.CommentsClose CommentsPermalink
(e) This section applies to project appropriations beginning in fiscal year 2004.CommentsClose CommentsPermalink
SEC. 313. INTEGRATED UNIVERSITY PROGRAM. (a) The Secretary of Energy, along with the Administrator of the National Nuclear Security Administration and the Chairman of the Nuclear Regulatory Commission, shall establish an Integrated University Program.CommentsClose CommentsPermalink
(b) For the purposes of carrying out this section, $45,000,000 is authorized to be appropriated in each of fiscal years 2009 to 2019 as follows:CommentsClose CommentsPermalink
(1) $15,000,000 for the Department of Energy;CommentsClose CommentsPermalink
(2) $15,000,000 for the Nuclear Regulatory Commission; andCommentsClose CommentsPermalink
(3) $15,000,000 for the National Nuclear Security Administration.CommentsClose CommentsPermalink
(c) Of the amounts authorized to carry out this section, $10,000,000 shall be used by each organization to support university research and development in areas relevant to their respective organization’s mission, and $5,000,000 shall be used by each organization to support a jointly implemented Nuclear Science and Engineering Grant Program that will support multiyear research projects that do not align with programmatic missions but are critical to maintaining the discipline of nuclear science and engineering.CommentsClose CommentsPermalink
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the Appalachian Regional Development Act of 1965, as amended, notwithstanding
Defense Nuclear Facilities Safety Board
SALARIES AND EXPENSES
For necessary expenses of the Defense Nuclear Facilities Safety Board in carrying out activities authorized by the Atomic Energy Act of 1954, as amended by
Delta Regional Authority
SALARIES AND EXPENSES
For necessary expenses of the Delta Regional Authority and to carry out its activities, as authorized by the Delta Regional Authority Act of 2000, as amended, notwithstanding sections 382C(b)(2), 382F(d), 382M, and 382N of said Act, $13,000,000, to remain available until expended.CommentsClose CommentsPermalink
Denali Commission
For expenses of the Denali Commission including the purchase, construction, and acquisition of plant and capital equipment as necessary and other expenses, $11,800,000, to remain available until expended, notwithstanding the limitations contained in section 306(g) of the Denali Commission Act of 1998.CommentsClose CommentsPermalink
Nuclear Regulatory Commission
SALARIES AND EXPENSES
For necessary expenses of the Commission in carrying out the purposes of the Energy Reorganization Act of 1974, as amended, and the Atomic Energy Act of 1954, as amended, including official representation expenses (not to exceed $25,000), $1,034,656,000, to remain available until expended: Provided, That of the amount appropriated herein, $49,000,000 shall be derived from the Nuclear Waste Fund: Provided further, That revenues from licensing fees, inspection services, and other services and collections estimated at $860,857,000 in fiscal year 2009 shall be retained and used for necessary salaries and expenses in this account, notwithstanding
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $10,860,000, to remain available until expended: Provided, That revenues from licensing fees, inspection services, and other services and collections estimated at $9,774,000 in fiscal year 2009 shall be retained and be available until expended, for necessary salaries and expenses in this account, notwithstanding
Nuclear Waste Technical Review Board
SALARIES AND EXPENSES
For necessary expenses of the Nuclear Waste Technical Review Board, as authorized by
Office of the Federal Coordinator for Alaska Natural Gas Transportation Projects
For necessary expenses for the Office of the Federal Coordinator for Alaska Natural Gas Transportation Projects pursuant to the Alaska Natural Gas Pipeline Act of 2004, $4,400,000: Provided, That any fees, charges, or commissions received pursuant to section 802 of
TITLE V
GENERAL PROVISIONS
SEC. 501. None of the funds appropriated by this Act may be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in
SEC. 502. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in this Act or any other appropriation Act.CommentsClose CommentsPermalink
This division may be cited as the ‘Energy and Water Development and Related Agencies Appropriations Act, 2009’.CommentsClose CommentsPermalink
DIVISION D--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2009
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Departmental Offices including operation and maintenance of the Treasury Building and Annex; hire of passenger motor vehicles; maintenance, repairs, and improvements of, and purchase of commercial insurance policies for, real properties leased or owned overseas, when necessary for the performance of official business, $278,870,000, of which not to exceed $21,619,000 is for executive direction program activities; not to exceed $45,910,000 is for economic policies and programs activities; not to exceed $36,039,000 is for financial policies and programs activities; not to exceed $62,098,000 is for terrorism and financial intelligence activities; not to exceed $21,600,000 is for Treasury-wide management policies and programs activities; and not to exceed $91,604,000 is for administration programs activities: Provided, That the Secretary of the Treasury is authorized to transfer funds appropriated for any program activity of the Departmental Offices to any other program activity of the Departmental Offices upon notification to the House and Senate Committees on Appropriations: Provided further, That no appropriation for any program activity shall be increased or decreased by more than 4 percent by all such transfers: Provided further, That any change in funding greater than 4 percent shall be submitted for approval to the House and Senate Committees on Appropriations: Provided further, That of the amount appropriated under this heading, not to exceed $3,000,000, to remain available until September 30, 2010, is for information technology modernization requirements; not to exceed $200,000 is for official reception and representation expenses; and not to exceed $258,000 is for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of the Secretary of the Treasury and to be accounted for solely on his certificate: Provided further, That of the amount appropriated under this heading, $5,232,443, to remain available until September 30, 2010, is for the Treasury-wide Financial Statement Audit and Internal Control Program, of which such amounts as may be necessary may be transferred to accounts of the Department’s offices and bureaus to conduct audits: Provided further, That this transfer authority shall be in addition to any other provided in this Act: Provided further, That of the amount appropriated under this heading, $500,000, to remain available until September 30, 2010, is for secure space requirements: Provided further, That of the amount appropriated under this heading, $1,100,000, to remain available until September 30, 2010, is for salary and benefits for hiring of personnel whose work will require completion of a security clearance investigation in order to perform highly classified work to further the activities of the Office of Terrorism and Financial Intelligence: Provided further, That of the amount appropriated under this heading, $3,400,000, to remain available until September 30, 2011, is to develop and implement programs within the Office of Critical Infrastructure Protection and Compliance Policy, including entering into cooperative agreements: Provided further, That of the amount appropriated under this heading $3,000,000 to remain available until September 30, 2011, is for modernizing the Office of Debt Management’s information technology.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, $26,125,000, 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, $91,465,000, of which not to exceed $16,340,000 shall remain available until September 30, 2011; and of which $9,178,000 shall remain available until September 30, 2010: Provided, That funds appropriated in this account may be used to procure personal services contracts.CommentsClose CommentsPermalink
Treasury Forfeiture Fund
(RESCISSION)
Of the unobligated balances available under this heading, $30,000,000 are rescinded.CommentsClose CommentsPermalink
Financial Management Service
salaries and expenses
For necessary expenses of the Financial Management Service, $239,785,000, of which not to exceed $9,220,000 shall remain available until September 30, 2011, for information systems modernization initiatives; and of which not to exceed $2,500 shall be available for official reception and representation expenses.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, $99,065,000; of which not to exceed $6,000 for official reception and representation expenses; not to exceed $50,000 for cooperative research and development programs for laboratory services; and provision of laboratory assistance to State and local agencies with or without reimbursement: Provided, That of the amount appropriated under this heading, $2,000,000, to remain available until September 30, 2010, is for information technology management.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, $187,352,000, of which not to exceed $2,500 shall be available for official reception and representation expenses, and of which not to exceed $2,000,000 shall remain available until September 30, 2011, for systems modernization: Provided, That the sum appropriated herein from the general fund for fiscal year 2009 shall be reduced by not more than $10,000,000 as definitive security issue fees and Legacy Treasury Direct Investor Account Maintenance fees are collected, so as to result in a final fiscal year 2009 appropriation from the general fund estimated at $177,352,000. In addition, $90,000 to be derived from the Oil Spill Liability Trust Fund to reimburse the Bureau for administrative and personnel expenses for financial management of the Fund, as authorized by section 1012 of
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 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, $229,914,000, to remain available until September 30, 2011, for the capital asset acquisition of information technology systems, including management and related contractual costs of said acquisitions, including related Internal Revenue Service labor costs, and contractual costs associated with operations authorized by
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 the Debt Collection Fund as necessary to cover the costs of debt collection: Provided, That such amounts shall be reimbursed to such salaries and expenses account from debt collections received in the Debt Collection Fund.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 Committees on Appropriations of the House of Representatives and the Senate, the House Committee on Financial Services, and the Senate Committee on Banking, Housing, and Urban Affairs.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. 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; 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, $234,000,000, to remain available until September 30, 2010, for drug control activities consistent with the approved strategy for each of the designated High Intensity Drug Trafficking Areas, of which no less than 51 percent shall be transferred to State and local entities for drug control activities, which shall be obligated within 120 days after enactment of this Act: Provided, That up to 49 percent may be transferred to Federal agencies and departments at a rate to be determined by the Director, of which up to $2,100,000 may be used for auditing services and associated activities, and up to $250,000 of the $2,100,000 shall be used to ensure the continued operation and maintenance of the Performance Management System: Provided further, That High Intensity Drug Trafficking Areas Programs designated as of September 30, 2008, shall be funded at no less than the fiscal year 2008 initial allocation levels (as revised by the letter from the Director of the Office of National Drug Control Policy to the Committees on Appropriations of the House of Representatives and the Senate 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
(INCLUDING TRANSFER OF FUNDS)
For expenses of the Office of Administration to carry out the Presidential Transition Act of 1963 and similar expenses, in addition to amounts otherwise appropriated by law, $8,000,000; Provided, That such funds may be transferred to other accounts that provide funding for offices within the Executive Office of the President and the Office of the Vice President in this Act or any other Act, to carry out such purposes.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 Committees on Appropriations of the House of Representatives and the Senate, transfer not to exceed 10 percent of any such appropriation to any other such appropriation, to be merged with and available for the same time and for the same purposes as the appropriation to which transferred: Provided, That the amount of an appropriation shall not be increased by more than 50 percent by such transfers: Provided further, That no amount shall be transferred from ‘Special Assistance to the President’ or ‘Official Residence of the Vice President’ without the approval of the Vice President.CommentsClose CommentsPermalink
SEC. 202. The President shall submit to the Committees on Appropriations of the House of Representatives and the Senate not later than 60 days after the date of the enactment of this Act, and prior to the initial obligation of funds appropriated under the heading ‘Office of National Drug Control Policy’, a detailed narrative and financial plan on the proposed uses of all funds under the heading by program, project, and activity, for which the obligation of funds is anticipated: Provided, That up to 20 percent of funds appropriated under this heading may be obligated before the submission of the report subject to prior approval of the Committees on Appropriations: Provided further, That the report shall be updated and submitted to the Committees on Appropriations every 6 months and shall include information detailing how the estimates and assumptions contained in previous reports have changed: Provided further, That any new projects and changes in funding of ongoing projects shall be subject to the prior approval of the Committees on Appropriations.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
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, $30,384,000.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, $4,801,369,000 (including the purchase of firearms and ammunition); of which not to exceed $27,817,000 shall remain available until expended for space alteration projects and for furniture and furnishings related to new space alteration and construction projects.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 section 608.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. Section 203(c) of the Judicial Improvements Act of 1990 (
(1) in the second sentence, by inserting ‘the district of Hawaii,’ after ‘Pennsylvania,’;CommentsClose CommentsPermalink
(2) in the third sentence (relating to the District of Kansas), by striking ‘17 years’ and inserting ‘18 years’;CommentsClose CommentsPermalink
(3) in the sixth sentence (relating to the Northern District of Ohio), by striking ‘17 years’ and inserting ‘18 years’.CommentsClose CommentsPermalink
(4) by inserting ‘The first vacancy in the office of the district judge in the district of Hawaii occurring 15 years or more after the confirmation date of the judge named to fill the temporary judgeship created under this subsection shall not be filled.’ after the sixth sentence.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.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, $39,177,000, to remain available until expended and in addition any funds that remain available from prior year appropriations under this heading for the District of Columbia Government, of which $38,825,000 is for the costs of providing public safety at events related to the presence of the national capital in the District of Columbia, for the costs of providing support requested by the Director of the United States Secret Service Division in carrying out protective duties under the direction of the Secretary of Homeland Security, and for the costs of providing support to respond to immediate and specific terrorist threats or attacks in the District of Columbia or surrounding jurisdictions; and of which $352,000 is for the District of Columbia National Guard retention and college access program.CommentsClose CommentsPermalink
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS
For salaries and expenses for the District of Columbia Courts, $248,409,000 to be allocated as follows: for the District of Columbia Court of Appeals, $12,630,000, of which not to exceed $1,500 is for official reception and representation expenses; for the District of Columbia Superior Court, $104,277,000, of which not to exceed $1,500 is for official reception and representation expenses; for the District of Columbia Court System, $55,426,000, of which not to exceed $1,500 is for official reception and representation expenses; and $76,076,000, to remain available until September 30, 2010, for capital improvements for District of Columbia courthouse facilities, including structural improvements to the District of Columbia cell block at the Moultrie Courthouse: Provided, That funds made available for capital improvements shall be expended consistent with the General Services Administration (GSA) master plan study and building evaluation report: Provided further, That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of other Federal agencies, with payroll and financial services to be provided on a contractual basis with the GSA, and such services shall include the preparation of monthly financial reports, copies of which shall be submitted directly by GSA to the President and to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate: Provided further, That 30 days after providing written notice to the Committees on Appropriations of the House of Representatives and the Senate, the District of Columbia Courts may reallocate not more than $1,000,000 of the funds provided under this heading among the items and entities funded under this heading for operations, and not more than 4 percent of the funds provided under this heading for facilities.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 $76,076,000 provided under such heading for capital improvements for District of Columbia courthouse facilities) may also be used for payments under this heading: Provided further, That in addition to the funds provided under this heading, the Joint Committee on Judicial Administration in the District of Columbia may use funds provided in this Act under the heading ‘Federal Payment to the District of Columbia Courts’ (other than the $76,076,000 provided under such heading for capital improvements for District of Columbia courthouse facilities), to make payments described under this heading for obligations incurred during any fiscal year: Provided further, That funds provided under this heading shall be administered by the Joint Committee on Judicial Administration in the District of Columbia: Provided further, That notwithstanding any other provision of law, this appropriation shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for expenses of other Federal agencies, with payroll and financial services to be provided on a contractual basis with the General Services Administration (GSA), and such services shall include the preparation of monthly financial reports, copies of which shall be submitted directly by GSA to the President and to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate.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, of which $700,000 is to remain available until September 30, 2010: Provided, That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of Federal agencies. Provided further, That for fiscal year 2009 and thereafter, the Public Defender Service is authorized to charge fees to cover costs of materials distributed and training provided to attendees of educational events, including conferences, sponsored by the Public Defender Service, and notwithstanding
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY
For a Federal payment to the District of Columbia Water and Sewer Authority, $16,000,000, to remain available until expended, to continue implementation of the Combined Sewer Overflow Long-Term Plan: Provided, That the District of Columbia Water and Sewer Authority provides a 100 percent match for this payment.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, $4,887,622: Provided, That each entity that receives funding under this heading shall submit to the Office of the Chief Financial Officer of the District of Columbia (CFO) a detailed budget and comprehensive description of the activities to be carried out with such funds no later than 60 days after enactment of this Act, and the CFO shall submit a comprehensive report to the Committees on Appropriations of the House of Representatives and the Senate no later than June 1, 2009.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 to jump start public school reform
For a Federal payment to jump start public school reform in the District of Columbia, $20,000,000, of which $3,500,000 is to support the recruitment, development and training of principals and other school leaders; $7,000,000 is to develop optimal school programs and intervene in low performing schools; $7,500,000 is for a customized data reporting and accountability system on student performance as well as increased outreach and training for parents and community members; and $2,000,000 is to support data reporting requirements associated with the District of Columbia Public Schools teacher incentive program: Provided, That up to $500,000 or 10 percent, whichever is less, of the amounts above may be transferred as necessary from one activity to another activity: Provided further, That the Committees on Appropriations of the House of Representatives and Senate are notified in writing 15 days in advance of the transfer: Provided further, That any amount provided under this heading shall be available only after such amount has been apportioned pursuant to chapter 15 of title 31, United States Code.CommentsClose CommentsPermalink
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 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, $3,387,500, of which $1,250,000 shall be available as matching funds to temporarily continue Federal benefits for low-income couples who decide to marry, and of which $2,137,500 shall be to continue Marriage Development Accounts in the District of Columbia: Provided, That no funds shall be expended until the Mayor of the District of Columbia submits a detailed expenditure plan, including performance measures, to the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That the District submit a preliminary progress report on activities no later than June 1, 2009, and a final report including a detailed description of outcomes achieved no later than February 1, 2010.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 Sec. 1-204.50a), and provisions of this Act, the total amount appropriated in this Act for operating expenses for the District of Columbia for fiscal year 2009 under this heading shall not exceed the lesser of the sum of the total revenues of the District of Columbia for such fiscal year or $9,888,095,000 (of which $6,082,474,000 shall be from local funds (including $420,119,000 from dedicated taxes), $2,177,382,000 shall be from Federal grant funds, $1,621,929,000 shall be from other funds, and $6,310,000 shall be from private funds); in addition, $202,326,130 from funds previously appropriated in this Act as Federal payments: Provided further, That of the local funds, such amounts as may be necessary may be derived from the District’s General Fund balance: Provided further, That of these funds the District’s intradistrict authority shall be $725,461,000: in addition, for capital construction projects, an increase of $1,482,977,000, of which $1,121,734,000 shall be from local funds, $107,794,000 from the Local Street Maintenance fund, $60,708,000 from the District of Columbia Highway Trust Fund, $192,741,000 from Federal grant funds, and a rescission of $353,447,000 from local funds and a rescission of $37,500,000 from Local Street Maintenance funds appropriated under this heading in prior fiscal years for a net amount of $1,092,030,000 to remain available until expended: Provided further, That the amounts provided under this heading are to be available, allocated and expended as proposed under ‘Title III--District of Columbia Funds Division of Expenses’ of the Fiscal Year 2009 Proposed Budget and Financial Plan submitted to the Congress by the District of Columbia on June 9, 2008 and such title is hereby incorporated by reference as though set forth fully herein: Provided further, That this amount may be increased by proceeds of one-time transactions which are expended for emergency or unanticipated operating or capital needs: Provided further, That such increases shall be approved by enactment of local District law and shall comply with all reserve requirements contained in the District of Columbia Home Rule Act approved December 24, 1973 (87 Stat. 777; D.C. Official Code 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
Administrative Conference of the United States
SALARIES AND EXPENSES
For necessary expenses of the Administrative Conference of the United States, authorized by
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, $17,959,000, of which $4,000,000 shall be transferred to the National Institute of Standards and Technology for election reform activities authorized under the Help America Vote Act of 2002: Provided, That $750,000 shall be for the Help America Vote College Program as provided by the Help America Vote Act of 2002 (
ELECTION REFORM PROGRAMS
For necessary expenses relating to election reform programs, $106,000,000, to remain available until expended, of which $100,000,000 shall be for requirements payments under part 1 of subtitle D of title II of the Help America Vote Act of 2002 (
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
Federal Deposit Insurance Corporation
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $27,495,000, to be derived from the Deposit Insurance Fund or, only when appropriate, the FSLIC Resolution Fund.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, $651,198,000. To carry out the purposes of the Fund established pursuant to
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
Federal Office Building 8, $15,000,000.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, $163,530,000.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 Protection, include a detailed 5-year plan for Federal land port-of-entry projects with a yearly update of total projected future funding needs; (2) $692,374,000 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) $4,642,156,000 for rental of space which shall remain available until expended; and (5) $2,197,354,000 for building operations which shall remain available until expended: Provided further, That funds available to the General Services Administration shall not be available for expenses of any construction, repair, alteration and acquisition project for which a prospectus, if required by the Public Buildings Act of 1959, has not been approved, except that necessary funds 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
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. In any case in which the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate adopt a resolution granting lease authority pursuant to a prospectus transmitted to Congress by the Administrator of General Services under
Sec. 516. Subsections (a) and (b)(1) of
SEC. 517. In furtherance of the emergency management policy set forth in the Robert T. Stafford Disaster Relief and Emergency Assistance Act, the Administrator of the General Services Administration may provide for the use of the Federal supply schedules of the General Services Administration by relief and disaster assistance organizations as described in section 309 of that Act. Purchases under this authority shall be limited to use in preparation for, response to, and recovery from hazards as defined in section 602 of that Act.CommentsClose CommentsPermalink
Sec. 518. Working Capital Fund. (a) Purpose and Operation of Working Capital Fund- Subsections (a), (b) and (c) of
‘(a) Establishment and Purpose- There is a working capital fund for the necessary expenses of administrative support services including accounting, budget, personnel, legal support and other related services; and the maintenance and operation of printing and reproduction facilities in support of the functions of the General Services Administration, other Federal agencies, and other entities; and other such administrative and management services that the Administrator of GSA deems appropriate and advantageous (subject to prior notice to the Office of Management and Budget).CommentsClose CommentsPermalink
‘(b) Composition-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Amounts received shall be credited to and merged with the Fund, to remain available until expended, for operating costs and capital outlays of the Fund: Provided, That entities for which such services are performed shall be charged at rates which will return in full all costs of providing such services.CommentsClose CommentsPermalink
‘(2) COST AND CAPITAL REQUIREMENTS- The Administrator shall determine the cost and capital requirements of the Fund for each fiscal year and shall develop a plan concerning such requirements in consultation with the Chief Financial Officer of the General Services Administration. Any change to the cost and capital requirements of the Fund for a fiscal year shall be approved by the Administrator. The Administrator shall establish rates to be charged to entities for which services are performed, in accordance with the plan.CommentsClose CommentsPermalink
‘(c) Deposit of Excess Amounts in the Treasury- At the close of each fiscal year, after making provision for anticipated operating needs reflected in the cost and capital plan developed under subsection (b), the uncommitted balance of any funds remaining in the Fund shall be transferred to the general fund of the Treasury as miscellaneous receipts.’.CommentsClose CommentsPermalink
(b) Transfer and Use of Amounts for Major Equipment Acquisitions-
‘(d) Transfer and Use of Amounts for Major Equipment Acquisitions-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Subject to subparagraph (2), unobligated balances of amounts appropriated or otherwise made available to the General Services Administration for operating expenses and salaries and expenses may be transferred and merged into the ‘Major equipment acquisitions and development activity’ of the working capital fund of the General Services Administration for agency-wide acquisition of capital equipment, automated data processing systems and financial management and management information systems: Provided, That acquisitions are limited to those needed to implement the Chief Financial Officers Act of 1990 (
, 104 Stat. 2838) and related laws or regulations.CommentsClose CommentsPermalink Public Law 101-576 ‘(2) REQUIREMENTS AND AVAILABILITY-CommentsClose CommentsPermalink
‘(A) TIME FOR TRANSFER- Transfer of an amount under this section must be done no later than the end of the fifth fiscal year after the fiscal year for which the amount is appropriated or otherwise made available.CommentsClose CommentsPermalink
‘(B) APPROVAL FOR USE- An amount transferred under this section may be used only with the advance approval of the Committees on Appropriations of the House of Representatives and the Senate.CommentsClose CommentsPermalink
‘(C) AVAILABILITY- An amount transferred under this section remains available until expended.’CommentsClose CommentsPermalink
(c) Conforming and Clerical Amendments-CommentsClose CommentsPermalink
(1) Section 312 of such title is repealed.CommentsClose CommentsPermalink
(2) The heading for section 3173 of such title is amended to read as follows:CommentsClose CommentsPermalink
‘Sec. 3173. Working capital fund for General Services Administration’.
Harry S Truman Scholarship Foundation
SALARIES AND EXPENSES
For payment to the Harry S Truman Scholarship Foundation Trust Fund, established by section 10 of
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, $2,100,000, 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, 2011: Provided, That none of the multi-year funds may be obligated until the National Archives and Records Administration submits to the Committees on Appropriations, and such Committees approve, a plan for expenditure that: (1) meets the capital planning and investment control review requirements established by the Office of Management and Budget, including Circular A-11; (2) complies with the National Archives and Records Administration’s enterprise architecture; (3) conforms with the National Archives and Records Administration’s enterprise life cycle methodology; (4) is approved by the National Archives and Records Administration and the Office of Management and Budget; (5) has been reviewed by the Government Accountability Office; and (6) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the Federal Government.CommentsClose CommentsPermalink
REPAIRS AND RESTORATION
For the repair, alteration, and improvement of archives facilities, and to provide adequate storage for holdings, $50,711,000, to remain available until expended: Provided, That the Archivist is authorized to construct an addition to the John F. Kennedy Presidential Library and Museum; and of the funds provided, $22,000,000 shall be available for construction costs and related services for building the addition to the John F. Kennedy Presidential Library and Museum and other necessary expenses, including renovating the Library as needed in constructing the addition; $17,500,000 is for necessary expenses related to the repair and renovation of the Franklin D. Roosevelt Presidential Library and Museum in Hyde Park, New York; and $2,000,000 is for the repair and restoration of the plaza that surrounds the Lyndon Baines Johnson Presidential Library and Museum that is under the joint control and custody of the University of Texas: Provided further, That such funds shall remain available until expended for this purpose and may be transferred directly to the University and used, together with University funds, for the repair and restoration of the plaza: Provided further, That such funds shall be spent 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, $16,750,000.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
ADMINISTRATIVE PROVISIONS--SMALL BUSINESS ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
Sec. 520. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Small Business Administration in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this paragraph shall be treated as a reprogramming of funds under section 608 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.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 rule relating to women-owned small business Federal contract assistance procedures published in the Federal Register on October 1, 2008 (73 Fed. Reg. 56940 et seq.).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 (
SEC. 524. Funds made available under section 534 of
Sec. 525. For an additional amount under the heading ‘Small Business Administration, Salaries and Expenses’, $65,653,678, to remain available until September 30, 2010, shall be for initiatives related to small business development and entrepreneurship, including programmatic and construction activities, and in the amounts specified in the table that appears under the heading ‘Administrative Provisions-Small Business Administration’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).CommentsClose CommentsPermalink
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 or Senate Committees on Appropriations for a different purpose; (5) augments existing programs, projects, or activities in excess of $5,000,000 or 10 percent, whichever is less; (6) reduces existing programs, projects, or activities by $5,000,000 or 10 percent, whichever is less; or (7) creates or reorganizes offices, programs, or activities unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate: Provided, That prior to any significant reorganization or restructuring of offices, programs, or activities, each agency or entity funded in this Act shall consult with the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That not later than 60 days after the date of enactment of this Act, each agency funded by this Act shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate to establish the baseline for application of reprogramming and transfer authorities for the current fiscal year: Provided further, That the report shall include: (1) a table for each appropriation with a separate column to display the President’s budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; (2) a delineation in the table for each appropriation both by object class and program, project, and activity as detailed in the budget appendix for the respective appropriation; and (3) an identification of items of special congressional interest: Provided further, That the amount appropriated or limited for salaries and expenses for an agency shall be reduced by $100,000 per day for each day after the required date that the report has not been submitted to the Congress.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. No funds appropriated by this Act shall be available to pay for an abortion, or the administrative expenses in connection with any health plan under the Federal employees health benefits program which provides any benefits or coverage for abortions.CommentsClose CommentsPermalink
Sec. 614. The provision of section 613 shall not apply where the life of the mother would be endangered if the fetus were carried to term, or the pregnancy is the result of an act of rape or incest.CommentsClose CommentsPermalink
Sec. 615. In order to promote Government access to commercial information technology, the restriction on purchasing nondomestic articles, materials, and supplies set forth in the Buy American Act (
SEC. 616.
(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. 617. Notwithstanding
SEC. 618. Life Insurance For Tax Court Judges Age 65 or Over. (a) IN GENERAL-
(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. 619. The Public Company Accounting Oversight Board shall have authority to obligate funds for the scholarship program established by section 109(c)(2) of the Sarbanes-Oxley Act of 2002 (
SEC. 620. 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. 621. None of the funds made available in this Act may be used to administer, implement, or enforce the amendments made to section 515.560 and section 515.561 of title 31, Code of Federal Regulations, related to travel to visit relatives in Cuba, that were published in the Federal Register on June 16, 2004.CommentsClose CommentsPermalink
SEC. 622. None of the funds made available in this Act may be used to administer, implement, or enforce the amendment made to section 515.533 of title 31, Code of Federal Regulations, that was published in the Federal Register on February 25, 2005.CommentsClose CommentsPermalink
SEC. 623. 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. 624. Notwithstanding any other provision of law, for fiscal year 2009 and each fiscal year thereafter, neither the Board of Governors of the Federal Reserve System nor the Secretary of the Treasury may determine, by rule, regulation, order, or otherwise, for purposes of section 4(k) of the Bank Holding Company Act of 1956, or section 5136A of the Revised Statutes of the United States, that real estate brokerage activity or real estate management activity is an activity that is financial in nature, is incidental to any financial activity, or is complementary to a financial activity. For purposes of this section, ‘real estate brokerage activity’ shall mean ‘real estate brokerage’, and ‘real estate management activity’ shall mean ‘property management’, as those terms were understood by the Board of Governors of the Federal Reserve System prior to March 11, 2000.CommentsClose CommentsPermalink
SEC. 625. (a) Section 102(a)(3)(B) of the Help America Vote Act of 2002 (
) is amended by striking ‘March 1, 2008’ and inserting ‘November 1, 2010’.CommentsClose CommentsPermalink 42 U.S.C. 15302(a)(3)(B) (b) The amendment made by subsection (a) shall take effect as if included in the enactment of the Help America Vote Act of 2002.CommentsClose CommentsPermalink
SEC. 626. (a) Within 90 days after the date of enactment of this Act, the Federal Trade Commission shall initiate a rulemaking proceeding with respect to mortgage loans in accordance with
. 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 ( section 553 of title 5, United States Code ) regarding unfair or deceptive acts or practices.CommentsClose CommentsPermalink 15 U.S.C. 57a (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 (
), any other provision of the Truth in Lending Act, or any mortgage loan rule promulgated by the Federal Trade Commission to obtain penalties and relief provided under such Act or rule whenever the attorney general of the State has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a violation of such Act or rule.CommentsClose CommentsPermalink 15 U.S.C. 1638 (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
; andCommentsClose CommentsPermalink section 1391 of title 28, United States Code (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 (
) is amended by adding at the end the following:CommentsClose CommentsPermalink 15 U.S.C. 1639 ‘(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 (
) regarding unfair or deceptive acts or practices.’.CommentsClose CommentsPermalink 15 U.S.C. 57a
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 transmitted to the Committees on Appropriations of the House of Representatives and the Senate. For the purposes of this section, the term ‘office’ shall include the entire suite of offices assigned to the individual, as well as any other space used primarily by the individual or the use of which is directly controlled by the individual.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 Committees on Appropriations of the House of Representatives and the Senate.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(a)(1) of division D of the Consolidated Appropriations Act, 2008 (
Sec. 736. 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- (A) The heads of executive agencies subject to the Federal Activities Inventory Reform Act of 1998 (
; Public Law 105-270 note) shall devise and implement guidelines and procedures to ensure that consideration is given to using, on a regular basis, Federal employees to perform new functions and functions that are performed by contractors and could be performed by Federal employees.CommentsClose CommentsPermalink 31 U.S.C. 501 ‘(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 that--CommentsClose 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 paragraph (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- (A) The head of each executive agency shall implement the guidelines and procedures required under this subsection by not later than 120 days after the date of the enactment of this subsection.CommentsClose CommentsPermalink
‘(B) Not later than 210 days after the date of the enactment of this subsection, the Government Accountability Office shall submit a report on the implementation of this subsection to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate.CommentsClose CommentsPermalink
‘(5) DEFINITIONS- In this subsection: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. 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) Section 142(a) of division A of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (
(b) The amendment made by subsection (a) shall take effect as if included in the enactment of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009.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 45 days after submission of the budget of the President to Congress, the Director of the Office of Management and Budget, in coordination with the Governor of each Great Lakes State and the Great Lakes Interagency Task Force, shall submit to the appropriate authorizing and appropriating committees of the Senate and the House of Representatives a financial report, certified by the Secretary of each agency that has budget authority for Great Lakes restoration activities, containing--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. 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. 746. None of the funds made available by this or any other Act may be used to implement, administer, or enforce section 5(b) of Executive Order 13422 (72 Fed. Reg. 2763; relating to Regulatory Policy Officer).CommentsClose CommentsPermalink
SEC. 747. No later than 120 days after enactment of this Act, the Office of Management and Budget shall submit a status report on the pilot program, established under section 748 of division D of
Sec. 748. Executive Order 13423 (72 Fed. Reg. 3919; Jan. 24, 2007) shall remain in effect hereafter except as otherwise provided by law after the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 749. Effective January 20, 2009, and for each fiscal year thereafter, no part of any appropriation contained in this or any other Act may be used for the payment of services to any individual carrying out the responsibilities of any position requiring Senate advice and consent in an acting or temporary capacity after the second submission of a nomination for that individual to that position has been withdrawn or returned to the President.CommentsClose CommentsPermalink
Sec. 750. Except as expressly provided otherwise, any reference to ‘this Act’ contained in any title other than title IV or VIII shall not apply to such title IV or VIII.CommentsClose CommentsPermalink
SEC. 751. NONREDUCTION IN PAY WHILE FEDERAL EMPLOYEE IS PERFORMING ACTIVE SERVICE IN THE UNIFORMED SERVICES OR NATIONAL GUARD. (a) IN GENERAL- Subchapter IV of chapter 55 of title 5, United States Code, is amended by adding at the end the following: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
, as amended by this section) beginning on or after the date of enactment of this Act.CommentsClose CommentsPermalink section 5538(b) of title 5, United States Code SEC. 752. Not later than 120 days after enactment of this Act, each executive department and agency shall submit to the Director of the Office of Management and Budget a report stating the total size of its workforce, differentiated by number of civilian, military, and contract workers as of December 31, 2008. 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, 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, 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, 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 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.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 December 1, 2009.CommentsClose CommentsPermalink
Sec. 806. Consistent with the provisions of
Sec. 807. None of the Federal funds made available in this Act may be used to implement or enforce the Health Care Benefits Expansion Act of 1992 (D.C. Law 9-114; D.C. Official Code, sec. 32-701 et seq.) or to otherwise implement or enforce any system of registration of unmarried, cohabiting couples, including but not limited to registration for the purpose of extending employment, health, or governmental benefits to such couples on the same basis that such benefits are extended to legally married couples.CommentsClose CommentsPermalink
Sec. 808. (a) Section 446B(f) of the District of Columbia Home Rule Act (sec. 1-204.46b(f), D.C. Official Code) is amended by striking ‘fiscal years 2006 through 2008’ and inserting ‘fiscal year 2006 and each succeeding fiscal year’.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. 809. 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. 810. Except as otherwise provided in this section, none of the funds made available by this Act or by any other Act may be used to provide any officer or employee of the District of Columbia with an official vehicle unless the officer or employee uses the vehicle only in the performance of the officer’s or employee’s official duties. For purposes of this section, the term ‘official duties’ does not include travel between the officer’s or employee’s residence and workplace, except in the case of--CommentsClose CommentsPermalink
(1) an officer or employee of the Metropolitan Police Department who resides in the District of Columbia or a District of Columbia government employee as may otherwise be designated by the Chief of the Department;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. 811. (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. 812. 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. 813. 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. 814. (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 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. 815. 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. 816. 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 30 days in advance of the obligation or expenditure.CommentsClose CommentsPermalink
SEC. 817. (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 30 days in advance of the obligation or expenditure.CommentsClose CommentsPermalink
SEC. 818. 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 (
Sec. 819. (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. 820. 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. 821. 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. 822. (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 ‘$80 per hour’ and inserting ‘$90 per hour’.CommentsClose CommentsPermalink
(b) 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 ‘$1,760’ and inserting ‘$1,980’;CommentsClose CommentsPermalink
(2) in paragraph (2), by striking ‘$1,760’ and inserting ‘$1,980’;CommentsClose CommentsPermalink
(3) in paragraph (3), by striking ‘$2,400’ and inserting ‘$2,700’; andCommentsClose CommentsPermalink
(4) in paragraph (4), by striking ‘$1,200’ and inserting ‘$1,350’.CommentsClose CommentsPermalink
(c) 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. 823. Section 2 of the Act entitled ‘An Act Relative to the control of wharf property and certain public spaces in the District of Columbia’, approved March 3, 1899 (sec. 10-501.02(a), D.C. Official Code) is amended by striking the last sentence.CommentsClose CommentsPermalink
Sec. 824. 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 division may be cited as the ‘Financial Services and General Government Appropriations Act, 2009’.CommentsClose CommentsPermalink
DIVISION E--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2009
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For necessary expenses for protection, use, improvement, development, disposal, cadastral surveying, classification, acquisition of easements and other interests in lands, and performance of other functions, including maintenance of facilities, as authorized by law, in the management of lands and their resources under the jurisdiction of the Bureau of Land Management, including the general administration of the Bureau, and assessment of mineral potential of public lands pursuant to
In addition, $36,400,000 is for the processing of applications for permit to drill and related use authorizations, to remain available until expended, to be reduced by amounts collected by the Bureau and credited to this appropriation that shall be derived from $4,000 per new application for permit to drill that the Bureau shall collect upon submission of each new application, and in addition, $34,696,000 is for Mining Law Administration program operations, including the cost of administering the mining claim fee program; to remain available until expended, to be reduced by amounts collected by the Bureau and credited to this appropriation from annual mining claim fees so as to result in a final appropriation estimated at not more than $890,194,000, and $2,000,000, to remain available until expended, from communication site rental fees established by the Bureau for the cost of administering communication site activities.CommentsClose CommentsPermalink
CONSTRUCTION
For construction of buildings, recreation facilities, roads, trails, and appurtenant facilities, $6,590,000, to remain available until expended.CommentsClose CommentsPermalink
LAND ACQUISITION
For expenses necessary to carry out sections 205, 206, and 318(d) of
OREGON AND CALIFORNIA GRANT LANDS
For expenses necessary for management, protection, and development of resources and for construction, operation, and maintenance of access roads, reforestation, and other improvements on the revested Oregon and California Railroad grant lands, on other Federal lands in the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of lands or interests therein, including existing connecting roads on or adjacent to such grant lands; $109,949,000, to remain available until expended: Provided, That 25 percent of the aggregate of all receipts during the current fiscal year from the revested Oregon and California Railroad grant lands is hereby made a charge against the Oregon and California land-grant fund and shall be transferred to the General Fund in the Treasury in accordance with the second paragraph of subsection (b) of title II of the Act of August 28, 1937 (50 Stat. 876).CommentsClose CommentsPermalink
FOREST ECOSYSTEM HEALTH AND RECOVERY FUND
(REVOLVING FUND, SPECIAL ACCOUNT)
In addition to the purposes authorized in
RANGE IMPROVEMENTS
For rehabilitation, protection, and acquisition of lands and interests therein, and improvement of Federal rangelands pursuant to section 401 of the Federal Land Policy and Management Act of 1976 (
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
For administrative expenses and other costs related to processing application documents and other authorizations for use and disposal of public lands and resources, for costs of providing copies of official public land documents, for monitoring construction, operation, and termination of facilities in conjunction with use authorizations, and for rehabilitation of damaged property, such amounts as may be collected under
MISCELLANEOUS TRUST FUNDS
In addition to amounts authorized to be expended under existing laws, there is hereby appropriated such amounts as may be contributed under section 307 of the Act of October 21, 1976 (
PAYMENTS FROM PROCEEDS, SALE OF WATER
(RESCISSION)
The unobligated balances available under this heading on the date of enactment of this Act are permanently rescinded.CommentsClose CommentsPermalink
USE OF RECEIPTS FROM MINERAL LEASING ACTIVITIES ON CERTAIN NAVAL OIL SHALE RESERVES
(RESCISSION)
Of the unobligated balances available under this heading, $12,996,000 are permanently rescinded.CommentsClose CommentsPermalink
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Land Management (BLM) shall be available for purchase, erection, and dismantlement of temporary structures, and alteration and maintenance of necessary buildings and appurtenant facilities to which the United States has title; up to $100,000 for payments, at the discretion of the Secretary, for information or evidence concerning violations of laws administered by the Bureau; miscellaneous and emergency expenses of enforcement activities authorized or approved by the Secretary and to be accounted for solely on the Secretary’s certificate, not to exceed $10,000: Provided, That notwithstanding
In fiscal year 2009 and each fiscal year thereafter, the Bureau of Land Management shall collect mining law administration fees; such fees shall be collected in the same manner as those authorized by
The provisions of law codified at sections 28f(a) and 28g of title 30, United States Code, are amended to remove the modifications made under the heading ‘administrative provisions’, under the heading ‘Bureau of Land Management’ in title I of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2008 (division F of
Sums not to exceed 1 percent of the total value of procurements received by the Bureau of Land Management from vendors under enterprise information technology-procurements that the Department of the Interior and other Federal Government agencies may use to order information technology hereafter may be deposited into the Management of Lands and Resources account to offset costs incurred in conducting the procurement.CommentsClose CommentsPermalink
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and Wildlife Service, as authorized by law, and for scientific and economic studies, maintenance of the herd of long-horned cattle on the Wichita Mountains Wildlife Refuge, general administration, and for the performance of other authorized functions related to such resources by direct expenditure, contracts, grants, cooperative agreements and reimbursable agreements with public and private entities, $1,140,962,000, to remain available until September 30, 2010 except as otherwise provided herein: Provided, That $2,500,000 is for high priority projects, which shall be carried out by the Youth Conservation Corps: Provided further, That not to exceed $19,266,000 shall be used for implementing subsections (a), (b), (c), and (e) of section 4 of the Endangered Species Act, as amended, for species that are indigenous to the United States (except for processing petitions, developing and issuing proposed and final regulations, and taking any other steps to implement actions described in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to exceed $10,458,000 shall be used for any activity regarding the designation of critical habitat, pursuant to subsection (a)(3), excluding litigation support, for species listed pursuant to subsection (a)(1) prior to October 1, 2008: Provided further, That of the amount available for law enforcement, up to $400,000, to remain available until expended, may at the discretion of the Secretary be used for payment for information, rewards, or evidence concerning violations of laws administered by the Service, and miscellaneous and emergency expenses of enforcement activity, authorized or approved by the Secretary and to be accounted for solely on the Secretary’s certificate: Provided further, That of the amount provided for environmental contaminants, up to $1,000,000 may remain available until expended for contaminant sample analyses.CommentsClose CommentsPermalink
CONSTRUCTION
(INCLUDING RESCISSION OF FUNDS)
For construction, improvement, acquisition, or removal of buildings and other facilities required in the conservation, management, investigation, protection, and utilization of fishery and wildlife resources, and the acquisition of lands and interests therein; $35,587,000, to remain available until expended: Provided, That of the unobligated balances made available in
land acquisition
For expenses necessary to carry out the Land and Water Conservation Fund Act of 1965, as amended (
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
(INCLUDING RESCISSION OF FUNDS)
For expenses necessary to carry out section 6 of the Endangered Species Act of 1973 (
national wildlife refuge fund
For expenses necessary to implement the Act of October 17, 1978 (
NORTH AMERICAN WETLANDS CONSERVATION FUND
For expenses necessary to carry out the provisions of the North American Wetlands Conservation Act, as amended (
NEOTROPICAL MIGRATORY BIRD CONSERVATION
For expenses necessary to carry out the Neotropical Migratory Bird Conservation Act, as amended, (
MULTINATIONAL SPECIES CONSERVATION FUND
For expenses necessary to carry out the African Elephant Conservation Act (
state and tribal wildlife grants
For wildlife conservation grants to States and to the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, the Northern Mariana Islands, American Samoa, and federally-recognized Indian tribes under the provisions of the Fish and Wildlife Act of 1956 and the Fish and Wildlife Coordination Act, for the development and implementation of programs for the benefit of wildlife and their habitat, including species that are not hunted or fished, $75,000,000, to remain available until expended: Provided, That of the amount provided herein, $7,000,000 is for a competitive grant program for Indian tribes not subject to the remaining provisions of this appropriation: Provided further, That $5,000,000 is for a competitive grant program for States, territories, and other jurisdictions with approved plans, not subject to the remaining provisions of this appropriation: Provided further, That the Secretary shall, after deducting $11,106,000 and administrative expenses, apportion the amount provided herein in the following manner: (1) to the District of Columbia and to the Commonwealth of Puerto Rico, each a sum equal to not more than one-half of 1 percent thereof; and (2) to Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, each a sum equal to not more than one-fourth of 1 percent thereof: Provided further, That the Secretary shall apportion the remaining amount in the following manner: (1) one-third of which is based on the ratio to which the land area of such State bears to the total land area of all such States; and (2) two-thirds of which is based on the ratio to which the population of such State bears to the total population of all such States: Provided further, That the amounts apportioned under this paragraph shall be adjusted equitably so that no State shall be apportioned a sum which is less than 1 percent of the amount available for apportionment under this paragraph for any fiscal year or more than 5 percent of such amount: Provided further, That the Federal share of planning grants shall not exceed 75 percent of the total costs of such projects and the Federal share of implementation grants shall not exceed 50 percent of the total costs of such projects: Provided further, That the non-Federal share of such projects may not be derived from Federal grant programs: Provided further, That no State, territory, or other jurisdiction shall receive a grant if its comprehensive wildlife conservation plan is disapproved and such funds that would have been distributed to such State, territory, or other jurisdiction shall be distributed equitably to States, territories, and other jurisdictions with approved plans: Provided further, That any amount apportioned in 2009 to any State, territory, or other jurisdiction that remains unobligated as of September 30, 2010, shall be reapportioned, together with funds appropriated in 2011, in the manner provided herein.CommentsClose CommentsPermalink
WILDLIFE CONSERVATION AND APPRECIATION FUND
(RESCISSION)
Of the unobligated balances available under this heading from prior year appropriations, all remaining amounts are permanently rescinded.CommentsClose CommentsPermalink
ADMINISTRATIVE PROVISIONS
Appropriations and funds available to the United States Fish and Wildlife Service shall be available for repair of damage to public roads within and adjacent to reservation areas caused by operations of the Service; options for the purchase of land at not to exceed $1 for each option; facilities incident to such public recreational uses on conservation areas as are consistent with their primary purpose; and the maintenance and improvement of aquaria, buildings, and other facilities under the jurisdiction of the Service and to which the United States has title, and which are used pursuant to law in connection with management, and investigation of fish and wildlife resources: Provided, That notwithstanding
National Park Service
OPERATION OF THE NATIONAL PARK SYSTEM
For expenses necessary for the management, operation, and maintenance of areas and facilities administered by the National Park Service (including expenses to carry out programs of the United States Park Police), and for the general administration of the National Park Service, $2,131,529,000, of which $9,851,000 for planning and interagency coordination in support of Everglades restoration and $99,586,000 for maintenance, repair or rehabilitation projects for constructed assets, operation of the National Park Service automated facility management software system, and comprehensive facility condition assessments shall remain available until September 30, 2010.CommentsClose CommentsPermalink
NATIONAL RECREATION AND PRESERVATION
For expenses necessary to carry out recreation programs, natural programs, cultural programs, heritage partnership programs, environmental compliance and review, international park affairs, statutory or contractual aid for other activities, and grant administration, not otherwise provided for, $59,684,000.CommentsClose CommentsPermalink
historic preservation fund
(INCLUDING TRANSFERS AND RESCISSION OF FUNDS)
For expenses necessary in carrying out the Historic Preservation Act of 1966, as amended (
CONSTRUCTION
(INCLUDING RESCISSION OF FUNDS)
For construction, improvements, repair or replacement of physical facilities, including a portion of the expense for the modifications authorized by section 104 of the Everglades National Park Protection and Expansion Act of 1989, $233,158,000, to remain available until expended: Provided, That funds appropriated in this Act, or in any prior Act of Congress, for the implementation of the Modified Water Deliveries to Everglades National Park Project, shall be made available to the Army Corps of Engineers which shall, notwithstanding any other provision of law, immediately and without further delay construct or cause to be constructed Alternative 3.2.2.a to U.S. Highway 41 (the Tamiami Trail) consistent with the Limited Reevaluation Report with Integrated Environmental Assessment and addendum, approved August 2008: Provided further, That the Secretary of the Interior, acting through the National Park Service, is directed to immediately evaluate the feasibility of additional bridge length, beyond that to be constructed pursuant to the Modified Water Deliveries to Everglades National Park Project (16 U.S.C. Sec. 410r-8), including a continuous bridge, or additional bridges or some combination thereof, for the Tamiami Trail (U.S. Highway 41) to restore more natural water flow to Everglades National Park and Florida Bay and for the purpose of restoring habitat within the Park and the ecological connectivity between the Park and the Water Conservation Areas. The feasibility study and the recommendation of the Secretary shall be submitted to the Congress no later than 12 months from the date of enactment of this Act: Provided further, That for fiscal year 2009 and hereafter, fees paid by the National Park Service to the West Yellowstone/Hebgen Basin Solid Waste District will be restricted to operations and maintenance costs of the facility, given the capital contribution made by the National Park Service: Provided further, That, notwithstanding any other provision of law, a single procurement for the construction project at the Jefferson Memorial plaza and seawall in Washington, DC, may be issued which includes the full scope of the project: Provided further, That the solicitation and the contract shall contain the clause ‘availability of funds’ found at 48 CFR 52.232.18: Provided further, That the National Park Service shall grant funds not to exceed $3,000,000 to the St. Louis Metropolitan Park and Recreation District for the purpose of planning and constructing a pedestrian bridge to provide safe visitor access to the Jefferson National Expansion Memorial Arch: Provided further, That the unobligated balances in the Federal Infrastructure Improvement Fund under this heading are permanently rescinded.CommentsClose CommentsPermalink
LAND AND WATER CONSERVATION FUND
(RESCISSION)
The contract authority provided for fiscal year 2009 by
LAND ACQUISITION AND STATE ASSISTANCE
(INCLUDING RESCISSION OF FUNDS)
For expenses necessary to carry out the Land and Water Conservation Act of 1965, as amended (
URBAN PARK AND RECREATION FUND
(RESCISSION)
Of the unobligated balances available under this heading, $1,300,000 are rescinded.CommentsClose CommentsPermalink
administrative provisions
In addition to other uses set forth in section 407(d) of
For fiscal year 2009 and hereafter, a willing seller from whom the Service acquires title to real property may be considered a ‘displaced person’ for purposes of the Uniform Relocation Assistance and Real Property Acquisition Policy Act and its implementing regulations, whether or not the Service has the authority to acquire such property by eminent domain.CommentsClose CommentsPermalink
For the costs of administration of the Land and Water Conservation Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 2006 (
Section 3(f) of the Act of August 21, 1935 (
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological Survey to perform surveys, investigations, and research covering topography, geology, hydrology, biology, and the mineral and water resources of the United States, its territories and possessions, and other areas as authorized by
administrative provisions
From within the amount appropriated for activities of the United States Geological Survey such sums as are necessary shall be available for reimbursement to the General Services Administration for security guard services; contracting for the furnishing of topographic maps and for the making of geophysical or other specialized surveys when it is administratively determined that such procedures are in the public interest; construction and maintenance of necessary buildings and appurtenant facilities; acquisition of lands for gauging stations and observation wells; expenses of the United States National Committee on Geology; and payment of compensation and expenses of persons on the rolls of the Survey duly appointed to represent the United States in the negotiation and administration of interstate compacts: Provided, That activities funded by appropriations herein made may be accomplished through the use of contracts, grants, or cooperative agreements as defined in
Minerals Management Service
ROYALTY AND OFFSHORE MINERALS MANAGEMENT
For expenses necessary for minerals leasing and environmental studies, regulation of industry operations, and collection of royalties, as authorized by law; for enforcing laws and regulations applicable to oil, gas, and other minerals leases, permits, licenses and operating contracts; for energy-related or other authorized marine-related purposes on the Outer Continental Shelf; and for matching grants or cooperative agreements, $157,373,000, to remain available until September 30, 2010, of which $86,684,000 shall be available for royalty management activities; and an amount not to exceed $146,730,000, to be credited to this appropriation and to remain available until expended, from additions to receipts resulting from increases to rates in effect on August 5, 1993, and from cost recovery fees: Provided, That in fiscal year 2009 and each fiscal year thereafter, fees and charges authorized by
OIL SPILL RESEARCH
For necessary expenses to carry out title I, section 1016, title IV, sections 4202 and 4303, title VII, and title VIII, section 8201 of the Oil Pollution Act of 1990, $6,303,000, which shall be derived from the Oil Spill Liability Trust Fund, to remain available until expended.CommentsClose CommentsPermalink
ADMINISTRATIVE PROVISION
Notwithstanding the provisions of section 35(b) of the Mineral Leasing Act, as amended (
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the Surface Mining Control and Reclamation Act of 1977,
abandoned mine reclamation fund
(INCLUDING RESCISSION OF FUNDS)
For necessary expenses to carry out title IV of the Surface Mining Control and Reclamation Act of 1977,
administrative provision
With funds available for the Technical Innovation and Professional Services program in this Act, the Secretary may transfer title for computer hardware, software and other technical equipment to State and tribal regulatory and reclamation programs.CommentsClose CommentsPermalink
Bureau of Indian Affairs
operation of indian programs
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for the operation of Indian programs, as authorized by law, including the Snyder Act of November 2, 1921 (
construction
(INCLUDING TRANSFER OF FUNDS)
For construction, repair, improvement, and maintenance of irrigation and power systems, buildings, utilities, and other facilities, including architectural and engineering services by contract; acquisition of lands, and interests in lands; and preparation of lands for farming, and for construction of the Navajo Indian Irrigation Project pursuant to
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO INDIANS
For payments and necessary administrative expenses for implementation of Indian land and water claim settlements pursuant to Public Laws 99-264, 100-580, 101-618, 108-447, 109-379, and 109-479, and for implementation of other land and water rights settlements, $21,627,000, to remain available until expended.CommentsClose CommentsPermalink
indian guaranteed loan program account
For the cost of guaranteed loans, $8,186,000, of which $1,600,000 is for administrative expenses, as authorized by the Indian Financing Act of 1974, as amended: Provided, That of the amounts provided herein for administrative expenses, $500,000 is for the modernization of a management and accounting system: Provided further, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed $85,200,517.CommentsClose CommentsPermalink
ADMINISTRATIVE PROVISIONS
The Bureau of Indian Affairs may carry out the operation of Indian programs by direct expenditure, contracts, cooperative agreements, compacts and grants, either directly or in cooperation with States and other organizations.CommentsClose CommentsPermalink
Notwithstanding
Appropriations for the Bureau of Indian Affairs (except the Revolving Fund for Loans Liquidating Account, Indian Loan Guaranty and Insurance Fund Liquidating Account, Indian Guaranteed Loan Financing Account, Indian Direct Loan Financing Account, and the Indian Guaranteed Loan Program account) shall be available for expenses of exhibits.CommentsClose CommentsPermalink
Notwithstanding any other provision of law, no funds available to the Bureau of Indian Affairs for central office oversight and Executive Direction and Administrative Services (except executive direction and administrative services funding for Tribal Priority Allocations, regional offices, and facilities operations and maintenance) shall be available for contracts, grants, compacts, or cooperative agreements with the Bureau of Indian Affairs under the provisions of the Indian Self-Determination Act or the Tribal Self-Governance Act of 1994 (
In the event any tribe returns appropriations made available by this Act to the Bureau of Indian Affairs, this action shall not diminish the Federal Government’s trust responsibility to that tribe, or the government-to-government relationship between the United States and that tribe, or that tribe’s ability to access future appropriations.CommentsClose CommentsPermalink
Notwithstanding any other provision of law, no funds available to the Bureau, other than the amounts provided herein for assistance to public schools under
Appropriations made available in this or any other Act for schools funded by the Bureau shall be available only to the schools in the Bureau school system as of September 1, 1996. No funds available to the Bureau shall be used to support expanded grades for any school or dormitory beyond the grade structure in place or approved by the Secretary of the Interior at each school in the Bureau school system as of October 1, 1995. Funds made available under this Act may not be used to establish a charter school at a Bureau-funded school (as that term is defined in section 1146 of the Education Amendments of 1978 (
Notwithstanding any other provision of law, including section 113 of title I of appendix C of
Departmental Offices
Office of the Secretary
SALARIES AND EXPENSES
For necessary expenses for management of the Department of the Interior, $107,264,000; of which not to exceed $15,000 may be for official reception and representation expenses; and of which up to $1,000,000 shall be available for workers compensation payments and unemployment compensation payments associated with the orderly closure of the United States Bureau of Mines: Provided, That, for fiscal year 2009 up to $400,000 of the payments authorized by the Act of October 20, 1976, as amended (
Management of Federal Lands for Subsistence Uses
(RESCISSION)
The unobligated balances under this heading as of the date of enactment of this provision are permanently rescinded.CommentsClose CommentsPermalink
Insular Affairs
ASSISTANCE TO TERRITORIES
For expenses necessary for assistance to territories under the jurisdiction of the Department of the Interior, $78,665,000, of which: (1) $69,815,000 shall remain available until expended for technical assistance, including maintenance assistance, disaster assistance, insular management controls, coral reef initiative activities, and brown tree snake control and research; grants to the judiciary in American Samoa for compensation and expenses, as authorized by law (
COMPACT OF FREE ASSOCIATION
For grants and necessary expenses, $5,318,000, to remain available until expended, as provided for in sections 221(a)(2), 221(b), and 233 of the Compact of Free Association for the Republic of Palau; and section 221(a)(2) of the Compacts of Free Association for the Government of the Republic of the Marshall Islands and the Federated States of Micronesia, as authorized by
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor, $62,050,000.CommentsClose CommentsPermalink
Office of Inspector General
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General, $45,953,000.CommentsClose CommentsPermalink
Office of the Special Trustee for American Indians
FEDERAL TRUST PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For the operation of trust programs for Indians by direct expenditure, contracts, cooperative agreements, compacts, and grants, $181,648,000, to remain available until expended, of which not to exceed $56,445,000 from this or any other Act, shall be available for historical accounting: Provided, That funds for trust management improvements and litigation support may, as needed, be transferred to or merged with the Bureau of Indian Affairs, ‘Operation of Indian Programs’ account; the Office of the Solicitor, ‘Salaries and Expenses’ account; and the Office of the Secretary, ‘Salaries and Expenses’ account: Provided further, That funds made available through contracts or grants obligated during fiscal year 2009, as authorized by the Indian Self-Determination Act of 1975 (
Department-wide Programs
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for fire preparedness, suppression operations, fire science and research, emergency rehabilitation, hazardous fuels reduction, and rural fire assistance by the Department of the Interior, $859,453,000, to remain available until expended, of which not to exceed $6,137,000 shall be for the renovation or construction of fire facilities: Provided, That such funds are also available for repayment of advances to other appropriation accounts from which funds were previously transferred for such purposes: Provided further, That persons hired pursuant to
central hazardous materials fund
For necessary expenses of the Department of the Interior and any of its component offices and bureaus for the remedial action, including associated activities, of hazardous waste substances, pollutants, or contaminants pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (
NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
To conduct natural resource damage assessment and restoration activities by the Department of the Interior necessary to carry out the provisions of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (
WORKING CAPITAL FUND
For the acquisition of a departmental financial and business management system, $73,435,000, to remain available until expended: Provided, That none of the funds in this Act or previous appropriations Acts may be used to establish reserves in the Working Capital Fund account other than for accrued annual leave and depreciation of equipment without prior approval of the House and Senate Committees on Appropriations.CommentsClose CommentsPermalink
administrative provisions
There is hereby authorized for acquisition from available resources within the Working Capital Fund, 15 aircraft, 10 of which shall be for replacement and which may be obtained by donation, purchase or through available excess surplus property: Provided, That existing aircraft being replaced may be sold, with proceeds derived or trade-in value used to offset the purchase price for the replacement aircraft.CommentsClose CommentsPermalink
General Provisions, Department of the Interior
(INCLUDING TRANSFERS OF FUNDS)
SEC. 101. Appropriations made in this title shall be available for expenditure or transfer (within each bureau or office), with the approval of the Secretary, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: Provided, That no funds shall be made available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have been exhausted: Provided further, That all funds used pursuant to this section must be replenished by a supplemental appropriation which must be requested as promptly as possible.CommentsClose CommentsPermalink
SEC. 102. The Secretary may authorize the expenditure or transfer of any no year appropriation in this title, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of wildland fires on or threatening lands under the jurisdiction of the Department of the Interior; for the emergency rehabilitation of burned-over lands under its jurisdiction; for emergency actions related to potential or actual earthquakes, floods, volcanoes, storms, or other unavoidable causes; for contingency planning subsequent to actual oil spills; for response and natural resource damage assessment activities related to actual oil spills; for the prevention, suppression, and control of actual or potential grasshopper and Mormon cricket outbreaks on lands under the jurisdiction of the Secretary, pursuant to the authority in section 1773(b) of
SEC. 103. Appropriations made to the Department of the Interior in this title shall be available for services as authorized by
SEC. 104. Appropriations made in this Act under the headings Bureau of Indian Affairs and Office of the Special Trustee for American Indians and any unobligated balances from prior appropriations Acts made under the same headings shall be available for expenditure or transfer for Indian trust management and reform activities. Total funding for historical accounting activities shall not exceed amounts specifically designated in this Act for such purpose.CommentsClose CommentsPermalink
SEC. 105. Notwithstanding any other provision of law, the Secretary of the Interior is authorized to redistribute any Tribal Priority Allocation funds, including tribal base funds, to alleviate tribal funding inequities by transferring funds to address identified, unmet needs, dual enrollment, overlapping service areas or inaccurate distribution methodologies. No tribe shall receive a reduction in Tribal Priority Allocation funds of more than 10 percent in fiscal year 2009. Under circumstances of dual enrollment, overlapping service areas or inaccurate distribution methodologies, the 10 percent limitation does not apply.CommentsClose CommentsPermalink
SEC. 106. Notwithstanding any other provision of law, in conveying the Twin Cities Research Center under the authority provided by
SEC. 107. The Secretary of the Interior may use discretionary funds to pay private attorney fees and costs for employees and former employees of the Department of the Interior reasonably incurred in connection with Cobell v. Kempthorne to the extent that such fees and costs are not paid by the Department of Justice or by private insurance. In no case shall the Secretary make payments under this section that would result in payment of hourly fees in excess of the highest hourly rate approved by the District Court for the District of Columbia for counsel in Cobell v. Kempthorne.CommentsClose CommentsPermalink
SEC. 108. The United States Fish and Wildlife Service shall, in carrying out its responsibilities to protect threatened and endangered species of salmon, implement a system of mass marking of salmonid stocks, intended for harvest, that are released from federally operated or federally financed hatcheries including but not limited to fish releases of coho, chinook, and steelhead species. Marked fish must have a visible mark that can be readily identified by commercial and recreational fishers.CommentsClose CommentsPermalink
SEC. 109. No funds appropriated for the Department of the Interior by this Act or any other Act shall be used to study or implement any plan to drain Lake Powell or to reduce the water level of the lake below the range of water levels required for the operation of the Glen Canyon Dam.CommentsClose CommentsPermalink
SEC. 110. Notwithstanding any other provision of law, the Secretary of the Interior is authorized to acquire lands, waters, or interests therein including the use of all or part of any pier, dock, or landing within the State of New York and the State of New Jersey, for the purpose of operating and maintaining facilities in the support of transportation and accommodation of visitors to Ellis, Governors, and Liberty Islands, and of other program and administrative activities, by donation or with appropriated funds, including franchise fees (and other monetary consideration), or by exchange; and the Secretary is authorized to negotiate and enter into leases, subleases, concession contracts or other agreements for the use of such facilities on such terms and conditions as the Secretary may determine reasonable.CommentsClose CommentsPermalink
SEC. 111. Title
SEC. 112. No funds appropriated or otherwise made available to the Department of the Interior may be used, in relation to any proposal to store water for the purpose of export, for approval of any right-of-way or similar authorization on the Mojave National Preserve or lands managed by the Needles Field Office of the Bureau of Land Management, or for carrying out any activities associated with such right-of-way or similar approval.CommentsClose CommentsPermalink
SEC. 113. The Secretary of the Interior may enter into cooperative agreements with a State or political subdivision (including any agency thereof), or any not-for-profit organization if the agreement will: (1) serve a mutual interest of the parties to the agreement in carrying out the programs administered by the Department of the Interior; and (2) all parties will contribute resources to the accomplishment of these objectives. At the discretion of the Secretary, such agreements shall not be subject to a competitive process.CommentsClose CommentsPermalink
SEC. 114. Funds provided in this Act for Federal land acquisition by the National Park Service for Shenandoah Valley Battlefields National Historic District and Ice Age National Scenic Trail may be used for a grant to a State, a local government, or any other land management entity for the acquisition of lands without regard to any restriction on the use of Federal land acquisition funds provided through the Land and Water Conservation Fund Act of 1965 as amended.CommentsClose CommentsPermalink
SEC. 115. Sections 109 and 110 of the Federal Oil and Gas Royalty Management Act (
SEC. 116. The Pittsford National Fish Hatchery in Chittenden, Vermont is hereby renamed the Dwight D. Eisenhower National Fish Hatchery.CommentsClose CommentsPermalink
SEC. 117. Section 6 of the Great Sand Dunes National Park and Preserve Act of 2000 (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by striking ‘(a) Establishment- (1) When’ and inserting the following:CommentsClose CommentsPermalink
‘(a) Establishment and Purpose-CommentsClose CommentsPermalink
‘(1) ESTABLISHMENT-CommentsClose CommentsPermalink
‘(A) IN GENERAL- When’;CommentsClose CommentsPermalink
(B) in paragraph (2), by striking ‘(2) Such establishment’ and inserting the following:CommentsClose CommentsPermalink
‘(B) EFFECTIVE DATE- The establishment of the refuge under subparagraph (A)’; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
‘(2) PURPOSE- The purpose of the Baca National Wildlife Refuge shall be to restore, enhance, and maintain wetland, upland, riparian, and other habitats for native wildlife, plant, and fish species in the San Luis Valley.’;CommentsClose CommentsPermalink
(2) in subsection (c)--CommentsClose CommentsPermalink
(A) by striking ‘The Secretary’ and inserting the following:CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Secretary’; andCommentsClose CommentsPermalink
(B) by adding at the end the following:CommentsClose CommentsPermalink
‘(2) REQUIREMENTS- In administering the Baca National Wildlife Refuge, the Secretary shall, to the maximum extent practicable--CommentsClose CommentsPermalink
‘(A) emphasize migratory bird conservation; andCommentsClose CommentsPermalink
‘(B) take into consideration the role of the Refuge in broader landscape conservation efforts.’; andCommentsClose CommentsPermalink
(3) in subsection (d)--CommentsClose CommentsPermalink
(A) in paragraph (1), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(B) in paragraph (2), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
‘(3) subject to any agreement in existence as of the date of enactment of this paragraph, and to the extent consistent with the purposes of the Refuge, use decreed water rights on the Refuge in approximately the same manner that the water rights have been used historically.’.CommentsClose CommentsPermalink
SEC. 118. None of the funds in this Act may be used to further reduce the number of Axis or Fallow deer at Point Reyes National Seashore below the number as of the date of enactment of this Act.CommentsClose CommentsPermalink
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For science and technology, including research and development activities, which shall include research and development activities under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; necessary expenses for personnel and related costs and travel expenses; procurement of laboratory equipment and supplies; and other operating expenses in support of research and development, $790,051,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
Environmental Programs and Management
For environmental programs and management, including necessary expenses, not otherwise provided for, for personnel and related costs and travel expenses; hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; purchase of reprints; library memberships in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members; administrative costs of the brownfields program under the Small Business Liability Relief and Brownfields Revitalization Act of 2002; and not to exceed $19,000 for official reception and representation expenses, $2,392,079,000, to remain available until September 30, 2010: Provided, That of the funds included under this heading, not less than $95,846,000 shall be for the Geographic Programs specified in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).CommentsClose CommentsPermalink
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, as amended, $44,791,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
Buildings and Facilities
For construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of, or for use by, the Environmental Protection Agency, $35,001,000, to remain available until expended.CommentsClose CommentsPermalink
Hazardous Substance Superfund
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses to carry out the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground storage tank cleanup activities authorized by subtitle I of the Solid Waste Disposal Act, as amended, $112,577,000, to remain available until expended, of which $77,077,000 shall be for carrying out leaking underground storage tank cleanup activities authorized by section 9003(h) of the Solid Waste Disposal Act, as amended; $35,500,000 shall be for carrying out the other provisions of the Solid Waste Disposal Act specified in section 9508(c) of the Internal Revenue Code, as amended: Provided, That the Administrator is authorized to use appropriations made available under this heading to implement section 9013 of the Solid Waste Disposal Act to provide financial assistance to federally recognized Indian tribes for the development and implementation of programs to manage underground storage tanks.CommentsClose CommentsPermalink
Oil Spill Response
For expenses necessary to carry out the Environmental Protection Agency’s responsibilities under the Oil Pollution Act of 1990, $17,687,000, to be derived from the Oil Spill Liability trust fund, to remain available until expended.CommentsClose CommentsPermalink
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance, including capitalization grants for State revolving funds and performance partnership grants, $2,968,464,000, to remain available until expended, of which $689,080,000 shall be for making capitalization grants for the Clean Water State Revolving Funds under title VI of the Federal Water Pollution Control Act, as amended (the ‘Act’); of which up to $75,000,000 shall be available for loans, including interest free loans as authorized by
Administrative Provisions, Environmental Protection Agency
(INCLUDING RESCISSION OF FUNDS)
For fiscal year 2009, notwithstanding
The Administrator of the Environmental Protection Agency is authorized to collect and obligate pesticide registration service fees in accordance with section 33 of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended by
For fiscal year 2009 and thereafter, the Science and Technology and Environmental Programs and Management Accounts are available for uniforms, or allowances therefore, as authorized by
None of the funds made available by this Act may be used in contravention of, or to delay the implementation of, Executive Order No. 12898 of February 11, 1994 (59 Fed. Reg. 7629; relating to Federal actions to address environmental justice in minority populations and low-income populations).CommentsClose CommentsPermalink
Title II of
From unobligated balances to carry out projects and activities funded through the State and Tribal Assistance Grants Account, $10,000,000 are permanently rescinded.CommentsClose CommentsPermalink
Of the funds provided in the Environmental Programs and Management Account, not less than $6,500,000 shall be used for activities to develop and publish a final rule not later than June 26, 2009, and to begin implementation, to require mandatory reporting of greenhouse gas emissions above appropriate thresholds in all sectors of the economy of the United States, as required by
For fiscal year 2009 and thereafter, the Science and Technology, Environmental Programs and Management, Office of Inspector General, Hazardous Substance Superfund, and Leaking Underground Storage Tank Trust Fund Program Accounts, are available for the construction, alteration, repair, rehabilitation, and renovation of facilities provided that the cost does not exceed $85,000 per project.CommentsClose CommentsPermalink
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
FOREST AND RANGELAND RESEARCH
For necessary expenses of forest and rangeland research as authorized by law, $296,380,000, to remain available until expended: Provided, That of the funds provided, $60,770,000 is for the forest inventory and analysis program.CommentsClose CommentsPermalink
state and private forestry
For necessary expenses of cooperating with and providing technical and financial assistance to States, territories, possessions, and others, and for forest health management, including treatments of pests, pathogens, and invasive or noxious plants and for restoring and rehabilitating forests damaged by pests or invasive plants, cooperative forestry, and education and land conservation activities and conducting an international program as authorized, $265,861,000, to remain available until expended, as authorized by law; and of which $49,445,000 is to be derived from the Land and Water Conservation Fund.CommentsClose CommentsPermalink
NATIONAL FOREST SYSTEM
(INCLUDING RESCISSION OF FUNDS)
For necessary expenses of the Forest Service, not otherwise provided for, for management, protection, improvement, and utilization of the National Forest System, $1,514,805,000, to remain available until expended, which shall include 50 percent of all moneys received during prior fiscal years as fees collected under the Land and Water Conservation Fund Act of 1965, as amended, in accordance with section 4 of the Act (
capital improvement and maintenance
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Forest Service, not otherwise provided for, $495,393,000, to remain available until expended, for construction, capital improvement, maintenance and acquisition of buildings and other facilities and infrastructure; and for construction, capital improvement, decommissioning, and maintenance of forest roads and trails by the Forest Service as authorized by
LAND ACQUISITION
For expenses necessary to carry out the provisions of the Land and Water Conservation Fund Act of 1965, as amended (
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS
For acquisition of lands within the exterior boundaries of the Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland National Forests, California, as authorized by law, $1,050,000, to be derived from forest receipts.CommentsClose CommentsPermalink
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from funds deposited by State, county, or municipal governments, public school districts, or other public school authorities, and for authorized expenditures from funds deposited by non-Federal parties pursuant to Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967, as amended (
RANGE BETTERMENT FUND
For necessary expenses of range rehabilitation, protection, and improvement, 50 percent of all moneys received during the prior fiscal year, as fees for grazing domestic livestock on lands in National Forests in the 16 Western States, pursuant to section 401(b)(1) of
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH
For expenses authorized by
MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES
For necessary expenses of the Forest Service to manage Federal lands in Alaska for subsistence uses under title VIII of the Alaska National Interest Lands Conservation Act (
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for forest fire presuppression activities on National Forest System lands, for emergency fire suppression on or adjacent to such lands or other lands under fire protection agreement, hazardous fuels reduction on or adjacent to such lands, and for emergency rehabilitation of burned-over National Forest System lands and water, $2,131,630,000, to remain available until expended: Provided, That such funds including unobligated balances under this heading, are available for repayment of advances from other appropriations accounts previously transferred for such purposes: Provided further, That such funds shall be available to reimburse State and other cooperating entities for services provided in response to wildfire and other emergencies or disasters to the extent such reimbursements by the Forest Service for non-fire emergencies are fully repaid by the responsible emergency management agency: Provided further, That, notwithstanding any other provision of law, $8,000,000 of funds appropriated under this appropriation shall be used for Fire Science Research in support of the Joint Fire Science Program: Provided further, That all authorities for the use of funds, including the use of contracts, grants, and cooperative agreements, available to execute the Forest and Rangeland Research appropriation, are also available in the utilization of these funds for Fire Science Research: Provided further, That funds provided shall be available for emergency rehabilitation and restoration, hazardous fuels reduction activities in the urban-wildland interface, support to Federal emergency response, and wildfire suppression activities of the Forest Service: Provided further, That of the funds provided, $328,086,000 is for hazardous fuels reduction activities, $11,500,000 is for rehabilitation and restoration, $23,917,000 is for research activities and to make competitive research grants pursuant to the Forest and Rangeland Renewable Resources Research Act, as amended (
ADMINISTRATIVE PROVISIONS, FOREST SERVICE
Appropriations to the Forest Service for the current fiscal year shall be available for: (1) purchase of passenger motor vehicles; acquisition of passenger motor vehicles from excess sources, and hire of such vehicles; purchase, lease, operation, maintenance, and acquisition of aircraft from excess sources to maintain the operable fleet for use in Forest Service wildland fire programs and other Forest Service programs; notwithstanding other provisions of law, existing aircraft being replaced may be sold, with proceeds derived or trade-in value used to offset the purchase price for the replacement aircraft; (2) services pursuant to
Any appropriations or funds available to the Forest Service may be transferred to the Wildland Fire Management appropriation for forest firefighting, emergency rehabilitation of burned-over or damaged lands or waters under its jurisdiction, and fire preparedness due to severe burning conditions upon notification of the House and Senate Committees on Appropriations and if and only if all previously appropriated emergency contingent funds under the heading ‘Wildland Fire Management’ have been released by the President and apportioned and all wildfire suppression funds under the heading ‘Wildland Fire Management’ are obligated.CommentsClose CommentsPermalink
Funds appropriated to the Forest Service shall be available for assistance to or through the Agency for International Development in connection with forest and rangeland research, technical information, and assistance in foreign countries, and shall be available to support forestry and related natural resource activities outside the United States and its territories and possessions, including technical assistance, education and training, and cooperation with United States and international organizations.CommentsClose CommentsPermalink
None of the funds made available to the Forest Service in this Act or any other Act with respect to any fiscal year shall be subject to transfer under the provisions of section 702(b) of the Department of Agriculture Organic Act of 1944 (
None of the funds available to the Forest Service may be reprogrammed without the advance approval of the House and Senate Committees on Appropriations in accordance with the reprogramming procedures contained in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).CommentsClose CommentsPermalink
Not more than $73,285,000 of funds available to the Forest Service shall be transferred to the Working Capital Fund of the Department of Agriculture and not more than $19,400,000 of funds available to the Forest Service shall be transferred to the Department of Agriculture for Department Reimbursable Programs, commonly referred to as Greenbook charges. Nothing in this paragraph shall prohibit or limit the use of reimbursable agreements requested by the Forest Service in order to obtain services from the Department of Agriculture’s National Information Technology Center.CommentsClose CommentsPermalink
Funds available to the Forest Service shall be available to conduct a program of up to $5,000,000 for priority projects within the scope of the approved budget, of which $2,500,000 shall be carried out by the Youth Conservation Corps and $2,500,000 shall be carried out under the authority of the Public Lands Corps Healthy Forests Restoration Act of 2005,
Of the funds available to the Forest Service, $4,000 is available to the Chief of the Forest Service for official reception and representation expenses.CommentsClose CommentsPermalink
Pursuant to sections 405(b) and 410(b) of
Pursuant to section 2(b)(2) of
Funds appropriated to the Forest Service shall be available for interactions with and providing technical assistance to rural communities and natural resource-based businesses for sustainable rural development purposes.CommentsClose CommentsPermalink
Funds appropriated to the Forest Service shall be available for payments to counties within the Columbia River Gorge National Scenic Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of
An eligible individual who is employed in any project funded under title V of the Older American Act of 1965 (
Any funds appropriated to the Forest Service may be used to meet the non-Federal share requirement in section 502(c) of the Older American Act of 1965 (
Funds available to the Forest Service, not to exceed $50,000,000, shall be assessed for the purpose of performing facilities maintenance. Such assessments shall occur using a square foot rate charged on the same basis the agency uses to assess programs for payment of rent, utilities, and other support services.CommentsClose CommentsPermalink
Notwithstanding any other provision of law, any appropriations or funds available to the Forest Service not to exceed $500,000 may be used to reimburse the Office of the General Counsel (OGC), Department of Agriculture, for travel and related expenses incurred as a result of OGC assistance or participation requested by the Forest Service at meetings, training sessions, management reviews, land purchase negotiations and similar non-litigation related matters. Future budget justifications for both the Forest Service and the Department of Agriculture should clearly display the sums previously transferred and the requested funding transfers.CommentsClose CommentsPermalink
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
INDIAN HEALTH SERVICES
For expenses necessary to carry out the Act of August 5, 1954 (68 Stat. 674), the Indian Self-Determination Act, the Indian Health Care Improvement Act, and titles II and III of the Public Health Service Act with respect to the Indian Health Service, $3,190,956,000, together with payments received during the fiscal year pursuant to
INDIAN HEALTH FACILITIES
For construction, repair, maintenance, improvement, and equipment of health and related auxiliary facilities, including quarters for personnel; preparation of plans, specifications, and drawings; acquisition of sites, purchase and erection of modular buildings, and purchases of trailers; and for provision of domestic and community sanitation facilities for Indians, as authorized by section 7 of the Act of August 5, 1954 (
ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE
Appropriations in this Act to the Indian Health Service shall be available for services as authorized by
In accordance with the provisions of the Indian Health Care Improvement Act, non-Indian patients may be extended health care at all tribally administered or Indian Health Service facilities, subject to charges, and the proceeds along with funds recovered under the Federal Medical Care Recovery Act (
Funds appropriated to the Indian Health Service in this Act, except those used for administrative and program direction purposes, shall not be subject to limitations directed at curtailing Federal travel and transportation.CommentsClose CommentsPermalink
None of the funds made available to the Indian Health Service in this Act shall be used for any assessments or charges by the Department of Health and Human Services unless identified in the budget justification and provided in this Act, or approved by the House and Senate Committees on Appropriations through the reprogramming process.CommentsClose CommentsPermalink
Notwithstanding any other provision of law, funds previously or herein made available to a tribe or tribal organization through a contract, grant, or agreement authorized by title I or title V of the Indian Self-Determination and Education Assistance Act of 1975 (
None of the funds made available to the Indian Health Service in this Act shall be used to implement the final rule published in the Federal Register on September 16, 1987, by the Department of Health and Human Services, relating to the eligibility for the health care services of the Indian Health Service until the Indian Health Service has submitted a budget request reflecting the increased costs associated with the proposed final rule, and such request has been included in an appropriations Act and enacted into law.CommentsClose CommentsPermalink
With respect to functions transferred by the Indian Health Service to tribes or tribal organizations, the Indian Health Service is authorized to provide goods and services to those entities, on a reimbursable basis, including payment in advance with subsequent adjustment. The reimbursements received therefrom, along with the funds received from those entities pursuant to the Indian Self-Determination Act, may be credited to the same or subsequent appropriation account that provided the funding, with such amounts to remain available until expended.CommentsClose CommentsPermalink
Reimbursements for training, technical assistance, or services provided by the Indian Health Service will contain total costs, including direct, administrative, and overhead associated with the provision of goods, services, or technical assistance.CommentsClose CommentsPermalink
The appropriation structure for the Indian Health Service may not be altered without advance notification to the House and Senate Committees on Appropriations.CommentsClose CommentsPermalink
National Institutes of Health
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
For necessary expenses for the National Institute of Environmental Health Sciences in carrying out activities set forth in section 311(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, and section 126(g) of the Superfund Amendments and Reauthorization Act of 1986, $78,074,000.CommentsClose CommentsPermalink
Agency for Toxic Substances and Disease Registry
TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH
For necessary expenses for the Agency for Toxic Substances and Disease Registry (ATSDR) in carrying out activities set forth in sections 104(i) and 111(c)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended; section 118(f) of the Superfund Amendments and Reauthorization Act of 1986 (SARA), as amended; and section 3019 of the Solid Waste Disposal Act, as amended, $74,039,000, of which up to $1,000 to remain available until expended, is for Individual Learning Accounts for full-time equivalent employees of the Agency for Toxic Substances and Disease Registry: Provided, That notwithstanding any other provision of law, in lieu of performing a health assessment under section 104(i)(6) of CERCLA, the Administrator of ATSDR may conduct other appropriate health studies, evaluations, or activities, including, without limitation, biomedical testing, clinical evaluations, medical monitoring, and referral to accredited health care providers: Provided further, That in performing any such health assessment or health study, evaluation, or activity, the Administrator of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of CERCLA: Provided further, That none of the funds appropriated under this heading shall be available for ATSDR to issue in excess of 40 toxicological profiles pursuant to section 104(i) of CERCLA during fiscal year 2009, and existing profiles may be updated as necessary.CommentsClose CommentsPermalink
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the Council on Environmental Quality and Office of Environmental Quality pursuant to the National Environmental Policy Act of 1969, the Environmental Quality Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not to exceed $750 for official reception and representation expenses, $2,703,000: Provided, That notwithstanding section 202 of the National Environmental Policy Act of 1970, the Council shall consist of one member, appointed by the President, by and with the advice and consent of the Senate, serving as chairman and exercising all powers, functions, and duties of the Council.CommentsClose CommentsPermalink
Chemical Safety and Hazard Investigation Board
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses in carrying out activities pursuant to section 112(r)(6) of the Clean Air Act, as amended, including hire of passenger vehicles, uniforms or allowances therefor, as authorized by
Office of Navajo and Hopi Indian Relocation
SALARIES AND EXPENSES
For necessary expenses of the Office of Navajo and Hopi Indian Relocation as authorized by
Institute of American Indian and Alaska Native Culture and Arts Development
payment to the institute
For payment to the Institute of American Indian and Alaska Native Culture and Arts Development, as authorized by title XV of
Smithsonian Institution
SALARIES AND EXPENSES
For necessary expenses of the Smithsonian Institution, as authorized by law, including research in the fields of art, science, and history; development, preservation, and documentation of the National Collections; presentation of public exhibits and performances; collection, preparation, dissemination, and exchange of information and publications; conduct of education, training, and museum assistance programs; maintenance, alteration, operation, lease (for terms not to exceed 30 years), and protection of buildings, facilities, and approaches; not to exceed $100,000 for services as authorized by
facilities capital
For necessary expenses of repair, revitalization, and alteration of facilities owned or occupied by the Smithsonian Institution, by contract or otherwise, as authorized by section 2 of the Act of August 22, 1949 (63 Stat. 623), and for construction, including necessary personnel, $123,000,000, to remain available until expended, of which not to exceed $10,000 is for services as authorized by
LEGACY FUND
For major restoration, renovation, and rehabilitation of existing Smithsonian facilities, $15,000,000, to remain available until expended: Provided, That such funds may be made available in incremental amounts for individual projects after being matched by an equal amount in private donations, which shall not include in-kind contributions: Provided further, That none of the funds made available under this heading, or any required matching funds, shall be used for day-to-day maintenance, general salaries and expenses, or programmatic purposes: Provided further, That the total amount of private contributions may be adjusted to reflect any provision in this or any other appropriations Act that affects the overall amount of the Federal appropriation for this Fund.CommentsClose CommentsPermalink
National Gallery of Art
SALARIES AND EXPENSES
For the upkeep and operations of the National Gallery of Art, the protection and care of the works of art therein, and administrative expenses incident thereto, as authorized by the Act of March 24, 1937 (50 Stat. 51), as amended by the public resolution of April 13, 1939 (Public Resolution 9, Seventy-sixth Congress), including services as authorized by
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS
For necessary expenses of repair, restoration and renovation of buildings, grounds and facilities owned or occupied by the National Gallery of Art, by contract or otherwise, as authorized, $17,368,000, to remain available until expended: Provided, That contracts awarded for environmental systems, protection systems, and exterior repair or renovation of buildings of the National Gallery of Art may be negotiated with selected contractors and awarded on the basis of contractor qualifications as well as price.CommentsClose CommentsPermalink
John F. Kennedy Center for the Performing Arts
OPERATIONS AND MAINTENANCE
For necessary expenses for the operation, maintenance and security of the John F. Kennedy Center for the Performing Arts, $21,300,000.CommentsClose CommentsPermalink
CAPITAL REPAIR AND RESTORATION
For necessary expenses for capital repair and restoration of the existing features of the building and site of the John F. Kennedy Center for the Performing Arts, $15,064,000, to remain available until expended.CommentsClose CommentsPermalink
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of passenger vehicles and services as authorized by
National Foundation on the Arts and the Humanities
National Endowment for the Arts
GRANTS AND ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the National Foundation on the Arts and the Humanities Act of 1965, as amended, $155,000,000 shall be available to the National Endowment for the Arts for the support of projects and productions in the arts, including arts education and public outreach activities, through assistance to organizations and individuals pursuant to section 5 of the Act, for program support, and for administering the functions of the Act, to remain available until expended: Provided, That funds appropriated herein shall be expended in accordance with sections 309 and 311 of
National Endowment for the Humanities
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foundation on the Arts and the Humanities Act of 1965, as amended, $155,000,000, to remain available until expended, of which $140,700,000 shall be available for support of activities in the humanities, pursuant to section 7(c) of the Act and for administering the functions of the Act; and $14,300,000 shall be available to carry out the matching grants program pursuant to section 10(a)(2) of the Act including $9,300,000 for the purposes of section 7(h): Provided, That appropriations for carrying out section 10(a)(2) shall be available for obligation only in such amounts as may be equal to the total amounts of gifts, bequests, and devises of money, and other property accepted by the chairman or by grantees of the Endowment under the provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal years for which equal amounts have not previously been appropriated.CommentsClose CommentsPermalink
ADMINISTRATIVE PROVISION
None of the funds appropriated to the National Foundation on the Arts and the Humanities may be used to process any grant or contract documents which do not include the text of
Commission of Fine Arts
salaries and expenses
For expenses made necessary by the Act establishing a Commission of Fine Arts (
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS
For necessary expenses as authorized by
Advisory Council on Historic Preservation
SALARIES AND EXPENSES
For necessary expenses of the Advisory Council on Historic Preservation (
National Capital Planning Commission
SALARIES AND EXPENSES
For necessary expenses, as authorized by the National Capital Planning Act of 1952 (
United States Holocaust Memorial Museum
HOLOCAUST MEMORIAL MUSEUM
For expenses of the Holocaust Memorial Museum, as authorized by
Presidio Trust
PRESIDIO TRUST FUND
For necessary expenses to carry out title I of the Omnibus Parks and Public Lands Management Act of 1996, $17,450,000 shall be available to the Presidio Trust, to remain available until expended.CommentsClose CommentsPermalink
Dwight D. Eisenhower Memorial Commission
SALARIES AND EXPENSES
For necessary expenses, including the costs of construction design, of the Dwight D. Eisenhower Memorial Commission, $2,000,000, to remain available until expended.CommentsClose CommentsPermalink
TITLE IV
GENERAL PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
SEC. 401. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to
SEC. 402. No part of any appropriation contained in this Act shall be available for any activity or the publication or distribution of literature that in any way tends to promote public support or opposition to any legislative proposal on which Congressional action is not complete other than to communicate to Members of Congress as described in
SEC. 403. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.CommentsClose CommentsPermalink
SEC. 404. None of the funds provided in this Act to any department or agency shall be obligated or expended to provide a personal cook, chauffeur, or other personal servants to any officer or employee of such department or agency except as otherwise provided by law.CommentsClose CommentsPermalink
SEC. 405. Estimated overhead charges, deductions, reserves or holdbacks from programs, projects, activities and subactivities to support government-wide, departmental, agency or bureau administrative functions or headquarters, regional or central operations shall be presented in annual budget justifications and subject to approval by the Committees on Appropriations. Changes to such estimates shall be presented to the Committees on Appropriations for approval.CommentsClose CommentsPermalink
SEC. 406. 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 provided in, this Act or any other Act.CommentsClose CommentsPermalink
SEC. 407. None of the funds in this Act may be used to plan, prepare, or offer for sale timber from trees classified as giant sequoia (Sequoiadendron giganteum) which are located on National Forest System or Bureau of Land Management lands in a manner different than such sales were conducted in fiscal year 2006.CommentsClose CommentsPermalink
SEC. 408. (a) LIMITATION OF FUNDS- None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended to accept or process applications for a patent for any mining or mill site claim located under the general mining laws.CommentsClose CommentsPermalink
(b) EXCEPTIONS- The provisions of subsection (a) shall not apply if the Secretary of the Interior determines that, for the claim concerned: (1) a patent application was filed with the Secretary on or before September 30, 1994; and (2) all requirements established under sections 2325 and 2326 of the Revised Statutes (
(c) REPORT- On September 30, 2009, the Secretary of the Interior shall file with the House and Senate Committees on Appropriations and the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on actions taken by the Department under the plan submitted pursuant to section 314(c) of the Department of the Interior and Related Agencies Appropriations Act, 1997 (
(d) MINERAL EXAMINATIONS- In order to process patent applications in a timely and responsible manner, upon the request of a patent applicant, the Secretary of the Interior shall allow the applicant to fund a qualified third-party contractor to be selected by the Bureau of Land Management to conduct a mineral examination of the mining claims or mill sites contained in a patent application as set forth in subsection (b). The Bureau of Land Management shall have the sole responsibility to choose and pay the third-party contractor in accordance with the standard procedures employed by the Bureau of Land Management in the retention of third-party contractors.CommentsClose CommentsPermalink
SEC. 409. Notwithstanding any other provision of law, amounts appropriated to or otherwise designated in committee reports for the Bureau of Indian Affairs and the Indian Health Service by Public Laws 103-138, 103-332, 104-134, 104-208, 105-83, 105-277, 106-113, 106-291, 107-63, 108-7, 108-108, 108-447, 109-54, 109-289, division B and Continuing Appropriations Resolution, 2007 (division B of
SEC. 410. Prior to October 1, 2009, the Secretary of Agriculture shall not be considered to be in violation of subparagraph 6(f)(5)(A) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (
SEC. 411. No funds provided in this Act may be expended to conduct preleasing, leasing and related activities under either the Mineral Leasing Act (
SEC. 412. In entering into agreements with foreign countries pursuant to the Wildfire Suppression Assistance Act (
SEC. 413. In awarding a Federal contract with funds made available by this Act, notwithstanding Federal Government procurement and contracting laws, the Secretary of Agriculture and the Secretary of the Interior (the ‘Secretaries’) may, in evaluating bids and proposals, give consideration to local contractors who are from, and who provide employment and training for, dislocated and displaced workers in an economically disadvantaged rural community, including those historically timber-dependent areas that have been affected by reduced timber harvesting on Federal lands and other forest-dependent rural communities isolated from significant alternative employment opportunities: Provided, That notwithstanding Federal Government procurement and contracting laws the Secretaries may award contracts, grants or cooperative agreements to local non-profit entities, Youth Conservation Corps or related partnerships with State, local or non-profit youth groups, or small or micro-business or disadvantaged business: Provided further, That the contract, grant, or cooperative agreement is for forest hazardous fuels reduction, watershed or water quality monitoring or restoration, wildlife or fish population monitoring, or habitat restoration or management: Provided further, That the terms ‘rural community’ and ‘economically disadvantaged’ shall have the same meanings as in section 2374 of
SEC. 414. None of the funds made available by this or any other Act may be used in fiscal year 2009 for competitive sourcing studies and any related activities involving Forest Service personnel.CommentsClose CommentsPermalink
SEC. 415. Unless otherwise provided herein, no funds appropriated in this Act for the acquisition of lands or interests in lands may be expended for the filing of declarations of taking or complaints in condemnation without the approval of the House and Senate Committees on Appropriations: Provided, That this provision shall not apply to funds appropriated to implement the Everglades National Park Protection and Expansion Act of 1989, or to funds appropriated for Federal assistance to the State of Florida to acquire lands for Everglades restoration purposes.CommentsClose CommentsPermalink
SEC. 416. None of the funds made available under this Act may be used to promulgate or implement the Environmental Protection Agency proposed regulations published in the Federal Register on January 3, 2007 (72 Fed. Reg. 69).CommentsClose CommentsPermalink
Sec. 417. Section 337(a) of the Department of the Interior and Related Agencies Appropriations Act, 2005 (
SEC. 418. Section 330 of
SEC. 419. Section 422 of title IV of division F of
SEC. 420. In addition to the amounts otherwise provided to the Environmental Protection Agency in this Act, $8,000,000, to remain available until expended, is provided to EPA to be transferred to the Department of the Navy for clean-up activities at the Treasure Island Naval Station--Hunters Point Annex.CommentsClose CommentsPermalink
SEC. 421. The boundaries of the Tongass National Forest in the State of Alaska are modified to include the approximately 1,043.38 acres of land acquired by the United States from the Alaska Mental Health Trust Authority, which is more particularly described as lots 1-B and 1-C, Mt. Verstovia-Gavan Hill Subdivision of U.S. Survey No. 3858 and U.S. Survey No. 3849.CommentsClose CommentsPermalink
SEC. 422. Title V of the Forest Service Realignment and Enhancement Act, 2005,
(1) In section 503, subsection (f) by striking ‘2008’ and inserting in lieu thereof ‘2011’ and;CommentsClose CommentsPermalink
(2) In section 504--CommentsClose CommentsPermalink
(A) in subsection (a)(3) by striking in whole, and inserting in lieu thereof ‘TERMS, CONDITIONS, AND RESERVATIONS- The conveyance of an administrative site under this title shall be subject to such terms, conditions, and reservations as the Secretary determines to be necessary to protect the public interest’;CommentsClose CommentsPermalink
(B) in subsection (d)(1) by striking ‘Subchapter I of chapter 5’, and inserting in lieu thereof ‘Chapter 5 of subtitle I’; andCommentsClose CommentsPermalink
(C) in subsection (d)(4)(B) by striking in whole, and inserting in lieu thereof ‘determine whether to include terms, conditions, and reservations under subsection (a)(3); and’.CommentsClose CommentsPermalink
Sec. 423. LAKE TAHOE BASIN HAZARDOUS FUEL REDUCTION PROJECTS. (a) Hereafter, subject to subsection (b), a proposal to authorize a hazardous fuel reduction project, not to exceed 5,000 acres, including no more than 1,500 acres of mechanical thinning, on the Lake Tahoe Basin Management Unit may be categorically excluded from documentation in an environmental impact statement or an environmental assessment under the National Environmental Policy Act of 1969 (NEPA) (
(1) is consistent with the Lake Tahoe Basin Multi-Jurisdictional Fuel Reduction and Wildfire Prevention Strategy published in December 2007 and any subsequent revisions to the Strategy;CommentsClose CommentsPermalink
(2) is not conducted in any wilderness areas; andCommentsClose CommentsPermalink
(3) does not involve any new permanent roads.CommentsClose CommentsPermalink
(b) A proposal that is categorically excluded under this section shall be subject to--CommentsClose CommentsPermalink
(1) the extraordinary circumstances procedures established by the Forest Service pursuant to section 1508.4 of title 40, Code of Federal Regulations; andCommentsClose CommentsPermalink
(2) an opportunity for public input.CommentsClose CommentsPermalink
SEC. 424. Not later than June 30, 2009, the Administrator of the Environmental Protection Agency shall reconsider, and confirm or reverse, the decision to deny the request of the State of California to regulate greenhouse gas emissions from new motor vehicles.CommentsClose CommentsPermalink
SEC. 425. TOXICS RELEASE INVENTORY REPORTING. Notwithstanding any other provision of law--CommentsClose CommentsPermalink
(1) none of the funds made available by this or any other Act may, hereafter, be used to implement the final rule promulgated by the Administrator of the Environmental Protection Agency entitled ‘Toxics Release Inventory Burden Reduction Final Rule’ (71 Fed. Reg. 76932); andCommentsClose CommentsPermalink
(2) the final rule described in paragraph (1) shall have no force or effect. The affected regulatory text shall revert to what it was before the final rule described in paragraph (1) became effective, until any future action taken by the Administrator.CommentsClose CommentsPermalink
SEC. 426. Section 325 of
SEC. 427. The Secretary of Agriculture and the Secretary of the Interior shall execute an agreement that transfers management and oversight including transfer of function for the workforce, of the Centennial, Collbran, Columbia Basin, Fort Simcoe, Treasure Lake, and Weber Basin Job Corps Centers to the Forest Service. These Job Corps centers shall continue to be administered as described in section 147(c) of
SEC. 428. Section 434 of division F of
‘(3) By adding at the end the following:CommentsClose CommentsPermalink
‘(m) Section 106 of
shall apply to all projects authorized by this Act. Sections 104 and 105 of Public Law 108-148 may be applied to projects authorized by this Act.’.’.CommentsClose CommentsPermalink Public Law 108-148
Sec. 429. (a) During the 60-day period beginning on the date of the enactment of this Act--CommentsClose CommentsPermalink
(1) the Secretary of the Interior and the Secretary of Commerce may withdraw or reissue the rule described in subsection (c)(1) without regard to any provision of statute or regulation that establishes a requirement for such withdrawal; andCommentsClose CommentsPermalink
(2) the Secretary of the Interior may withdraw or reissue the rule referred to in subsection (c)(2) without regard to any provision of statute or regulation that establishes a requirement for such withdrawal.CommentsClose CommentsPermalink
(b) If the Secretary of the Interior or the Secretary of Commerce (or both) withdraws a rule under subsection (a), such Secretary shall implement the provisions of law under which the rule was issued in accordance with the regulations in effect under such provisions immediately before the effective date of such rule, except as otherwise provided by any Act or rule that takes effect after the effective date of the rule that is withdrawn.CommentsClose CommentsPermalink
(c) The rules referred to in subsection (a) are the following:CommentsClose CommentsPermalink
(1) The final rule relating to ‘Interagency Cooperation under the Endangered Species Act’, issued by the United States Fish and Wildlife Service and the National Marine Fisheries Service and signed November 26, 2008, by the Assistant Secretary of Fish and Wildlife and Parks of the Department of the Interior and the Deputy Assistant Administrator for the Regulatory Programs of the National Marine Fisheries Service.CommentsClose CommentsPermalink
(2) The final rule relating to ‘Endangered and Threatened Wildlife and Plants; Special Rule for the Polar Bear’, issued by the Assistant Secretary of Fish and Wildlife and Parks of the Department of the Interior on December 10, 2008.CommentsClose CommentsPermalink
SEC. 430. Within the amounts appropriated in this division, funding shall be allocated in the amounts specified for those projects and purposes delineated in the table titled ‘Congressionally Directed Spending’ included in the explanatory statement accompanying this Act (as described in section 4, in the matter preceding division A of this consolidated Act).CommentsClose CommentsPermalink
This division may be cited as the ‘Department of the Interior, Environment, and Related Agencies Appropriations Act, 2009’.CommentsClose CommentsPermalink
DIVISION F--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2009
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration
TRAINING AND EMPLOYMENT SERVICES
For necessary expenses of the Workforce Investment Act of 1998 (‘WIA’), the Denali Commission Act of 1998, and the Women in Apprenticeship and Non-Traditional Occupations Act of 1992, including the purchase and hire of passenger motor vehicles, the construction, alteration, and repair of buildings and other facilities, and the purchase of real property for training centers as authorized by the WIA; $3,626,448,000, plus reimbursements, shall be available. Of the amounts provided:CommentsClose CommentsPermalink
(1) for grants to States for adult employment and training activities, youth activities, and dislocated worker employment and training activities, $2,969,449,000 as follows:CommentsClose CommentsPermalink
(A) $861,540,000 for adult employment and training activities, of which $149,540,000 shall be available for the period July 1, 2009, through June 30, 2010, and of which $712,000,000 shall be available for the period October 1, 2009 through June 30, 2010;CommentsClose CommentsPermalink
(B) $924,069,000 for youth activities, which shall be available for the period April 1, 2009 through June 30, 2010; andCommentsClose CommentsPermalink
(C) $1,183,840,000 for dislocated worker employment and training activities, of which $335,840,000 shall be available for the period July 1, 2009 through June 30, 2010, and of which $848,000,000 shall be available for the period October 1, 2009 through June 30, 2010:CommentsClose CommentsPermalink
Provided, That notwithstanding the transfer limitation under section 133(b)(4) of the WIA, up to 30 percent of such funds may be transferred by a local board if approved by the Governor;CommentsClose CommentsPermalink
(2) for federally administered programs, $489,429,000 as follows:CommentsClose CommentsPermalink
(A) $283,051,000 for the dislocated workers assistance national reserve, of which $71,051,000 shall be available for the period July 1, 2009 through June 30, 2010, and of which $212,000,000 shall be available for the period October 1, 2009 through June 30, 2010: Provided, That up to $125,000,000 may be made available for Community-Based Job Training grants from funds reserved under section 132(a)(2)(A) of the WIA and shall be used to carry out such grants under section 171(d) of such Act, except that the 10 percent limitation otherwise applicable to the amount of funds that may be used to carry out section 171(d) shall not be applicable to funds used for Community-Based Job Training grants: Provided further, That funds provided to carry out section 132(a)(2)(A) of the WIA may be used to provide assistance to a State for State-wide or local use in order to address cases where there have been worker dislocations across multiple sectors or across multiple local areas and such workers remain dislocated; coordinate the State workforce development plan with emerging economic development needs; and train such eligible dislocated workers: Provided further, That funds provided to carry out section 171(d) of the WIA may be used for demonstration projects that provide assistance to new entrants in the workforce and incumbent workers;CommentsClose CommentsPermalink
(B) $52,758,000 for Native American programs, which shall be available for the period July 1, 2009 through June 30, 2010;CommentsClose CommentsPermalink
(C) $82,620,000 for migrant and seasonal farmworker programs under section 167 of the WIA, including $76,710,000 for formula grants (of which not less that 70 percent shall be for employment and training services), $5,400,000 for migrant and seasonal housing (of which not less than 70 percent shall be for permanent housing), and $510,000 for other discretionary purposes, which shall be available for the period July 1, 2009 through June 30, 2010: Provided, That notwithstanding any other provision of law or related regulation, the Department of Labor shall take no action limiting the number or proportion of eligible participants receiving related assistance services or discouraging grantees from providing such services;CommentsClose CommentsPermalink
(D) $1,000,000 for carrying out the Women in Apprenticeship and Nontraditional Occupations Act, which shall be available for the period July 1, 2009 through June 30, 2010; andCommentsClose CommentsPermalink
(E) $70,000,000 for YouthBuild activities as described in section 173A of the WIA, which shall be available for the period April 1, 2009 through June 30, 2010: Provided, That for program years 2008 and 2009, the YouthBuild program may serve an individual who has dropped out of high school and re-enrolled in an alternative school, if that re-enrollment is part of a sequential service strategy;CommentsClose CommentsPermalink
(3) for national activities, $167,570,000, as follows:CommentsClose CommentsPermalink
(A) $48,781,000 for Pilots, Demonstrations, and Research, which shall be available for the period April 1, 2009 through June 30, 2010, of which $5,000,000 shall be for competitive grants to address the employment and training needs of young parents (notwithstanding the requirements of section 171(b)(2)(B) or 171(c)(4)(D) of the WIA), and of which $41,324,000 shall be used for the projects, and in the amounts, specified under the heading ‘Training and Employment Services’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, That funding provided to carry out such projects shall not be subject to the requirements of sections 171(b)(2)(B) and 171(c)(4)(D) of the WIA, the joint funding requirements of sections 171(b)(2)(A) and 171(c)(4)(A) of the WIA, or any time limit requirements of sections 171(b)(2)(C) and 171(c)(4)(B) of the WIA;CommentsClose CommentsPermalink
(B) $108,493,000 for ex-offender activities, under the authority of section 171 of the WIA, which shall be available for the period April 1, 2009 through June 30, 2010, notwithstanding the requirements of section 171(b)(2)(B) or 171(c)(4)(D): Provided, That not less than $88,500,000 shall be for youthful offender activities, of which $35,000,000 shall be for a program of competitive grants to local educational agencies or community-based organizations to develop and implement mentoring strategies that integrate educational and employment interventions designed to prevent youth violence in schools identified as persistently dangerous under section 9532 of the Elementary and Secondary Education Act;CommentsClose CommentsPermalink
(C) $6,918,000 for Evaluation, which shall be available for the period July 1, 2009 through June 30, 2010; andCommentsClose CommentsPermalink
(D) $3,378,000 for the Denali Commission, which shall be available for the period July 1, 2009 through June 30, 2010.CommentsClose CommentsPermalink
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
To carry out title V of the Older Americans Act of 1965, $571,925,000, which shall be available for the period July 1, 2009 through June 30, 2010: Provided, That funds made available under this heading in this Act may, in accordance with section 517(c) of the Older Americans Act of 1965, be recaptured and reobligated.CommentsClose CommentsPermalink
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES
For payments during fiscal year 2009 of trade adjustment benefit payments and allowances under part I of subchapter B of chapter 2 of title II of the Trade Act of 1974, and section 246 of that Act; and for training, employment and case management services, allowances for job search and relocation, and related State administrative expenses under part II of subchapter B of chapter 2 of title II of the Trade Act of 1974, $958,800,000, together with such amounts as may be necessary to be charged to the subsequent appropriation for payments for any period subsequent to September 15, 2009.CommentsClose CommentsPermalink
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS
For authorized administrative expenses, $91,698,000, together with not to exceed $3,563,167,000 which may be expended from the Employment Security Administration Account in the Unemployment Trust Fund (‘the Trust Fund’), of which:CommentsClose CommentsPermalink
(1) $2,782,145,000 from the Trust Fund is for grants to States for the administration of State unemployment insurance laws as authorized under title III of the Social Security Act (including $10,000,000 to conduct in-person reemployment and eligibility assessments and unemployment insurance improper payment reviews), the administration of unemployment insurance for Federal employees and for ex-service members as authorized under
(2) $11,310,000 from the Trust Fund is for national activities necessary to support the administration of the Federal-State unemployment insurance system;CommentsClose CommentsPermalink
(3) $680,893,000 from the Trust Fund, together with $22,683,000 from the General Fund of the Treasury, is for grants to States in accordance with section 6 of the Wagner-Peyser Act, and shall be available for Federal obligation for the period July 1, 2009 through June 30, 2010;CommentsClose CommentsPermalink
(4) $20,869,000 from the Trust Fund is for national activities of the Employment Service, including administration of the work opportunity tax credit under section 51 of the Internal Revenue Code of 1986, and the provision of technical assistance and staff training under the Wagner-Peyser Act, including not to exceed $1,228,000 that may be used for amortization payments to States which had independent retirement plans in their State employment service agencies prior to 1980;CommentsClose CommentsPermalink
(5) $67,950,000 from the Trust Fund is for the administration of foreign labor certifications and related activities under the Immigration and Nationality Act and related laws, of which $52,821,000 shall be available for the Federal administration of such activities, and $15,129,000 shall be available for grants to States for the administration of such activities;CommentsClose CommentsPermalink
(6) $51,720,000 from the General Fund is to provide workforce information, national electronic tools, and one-stop system building under the Wagner-Peyser Act and section 171 (e)(2)(C) of the Workforce Investment Act of 1998 and shall be available for Federal obligation for the period July 1, 2009 through June 30, 2010; andCommentsClose CommentsPermalink
(7) $17,295,000 from the General Fund is to provide for work incentive grants to the States and shall be available for the period July 1, 2009 through June 30, 2010:CommentsClose CommentsPermalink
Provided, That to the extent that the Average Weekly Insured Unemployment (‘AWIU’) for fiscal year 2009 is projected by the Department of Labor to exceed 3,487,000, an additional $28,600,000 from the Trust Fund shall be available for obligation for every 100,000 increase in the AWIU level (including a pro rata amount for any increment less than 100,000) to carry out title III of the Social Security Act: Provided further, That funds appropriated in this Act that are allotted to a State to carry out activities under title III of the Social Security Act may be used by such State to assist other States in carrying out activities under such title III if the other States include areas that have suffered a major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act: Provided further, That the Secretary of Labor may use funds appropriated for grants to States under title III of the Social Security Act to make payments on behalf of States for the use of the National Directory of New Hires under section 453(j)(8) of such Act: Provided further, That funds appropriated in this Act which are used to establish a national one-stop career center system, or which are used to support the national activities of the Federal-State unemployment insurance or immigration programs, may be obligated in contracts, grants, or agreements with non-State entities: Provided further, That funds appropriated under this Act for activities authorized under title III of the Social Security Act and the Wagner-Peyser Act may be used by States to fund integrated Unemployment Insurance and Employment Service automation efforts, notwithstanding cost allocation principles prescribed under the Office of Management and Budget Circular A-87: Provided further, That the Secretary, at the request of a State participating in a consortium with other States, may reallot funds allotted to such State under title III of the Social Security Act to other States participating in the consortium in order to carry out activities that benefit the administration of the unemployment compensation law of the State making the request.CommentsClose CommentsPermalink
In addition, $40,000,000 from the Employment Security Administration Account of the Unemployment Trust Fund shall be available to conduct in-person reemployment and eligibility assessments and unemployment insurance improper payment reviews: Provided, That not later than June 30, 2010, the Secretary shall submit an interim report to the Congress that includes available information on expenditures, number of individuals assessed, and outcomes from the assessments: Provided further, That not later than June 30, 2011, the Secretary of Labor shall submit to the Congress a final report containing comprehensive information on the estimated savings that result from the assessments of claimants and identification of best practices.CommentsClose CommentsPermalink
ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS
For repayable advances to the Unemployment Trust Fund as authorized by sections 905(d) and 1203 of the Social Security Act, and to the Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of the Internal Revenue Code of 1954; and for nonrepayable advances to the Unemployment Trust Fund as authorized by
In addition, for making repayable advances to the Black Lung Disability Trust Fund in the current fiscal year after September 15, 2009, for costs incurred by the Black Lung Disability Trust Fund in the current fiscal year, such sums as may be necessary.CommentsClose CommentsPermalink
PROGRAM ADMINISTRATION
For expenses of administering employment and training programs, $85,323,000, together with not to exceed $45,140,000, which may be expended from the Employment Security Administration Account in the Unemployment Trust Fund.CommentsClose CommentsPermalink
Employee Benefits Security Administration
SALARIES AND EXPENSES
For necessary expenses for the Employee Benefits Security Administration, $143,419,000.CommentsClose CommentsPermalink
Pension Benefit Guaranty Corporation
PENSION BENEFIT GUARANTY CORPORATION FUND
The Pension Benefit Guaranty Corporation (‘Corporation’) is authorized to make such expenditures, including financial assistance authorized by subtitle E of title IV of the Employee Retirement Income Security Act of 1974, within limits of funds and borrowing authority available to the Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by
Employment Standards Administration
salaries and expenses
(including rescission)
For necessary expenses for the Employment Standards Administration, including reimbursement to State, Federal, and local agencies and their employees for inspection services rendered, $438,166,000, together with $2,101,000 which may be expended from the Special Fund in accordance with sections 39(c), 44(d), and 44(j) of the Longshore and Harbor Workers’ Compensation Act: Provided, That the Secretary of Labor is authorized to establish and, in accordance with 31 U.S.C 3302, collect and deposit in the Treasury fees for processing applications and issuing certificates under sections 11(d) and 14 of the Fair Labor Standards Act of 1938 and for processing applications and issuing registrations under title I of the Migrant and Seasonal Agricultural Worker Protection Act.CommentsClose CommentsPermalink
Of the unobligated funds collected pursuant to section 286(v) of the Immigration and Nationality Act, $97,000,000 are rescinded as of September 30, 2009.CommentsClose CommentsPermalink
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses (except administrative expenses) accruing during the current or any prior fiscal year authorized by
(1) For enhancement and maintenance of automated data processing systems and telecommunications systems, $15,068,000;CommentsClose CommentsPermalink
(2) For automated workload processing operations, including document imaging, centralized mail intake, and medical bill processing, $23,273,000;CommentsClose CommentsPermalink
(3) For periodic roll management and medical review, $14,379,000; andCommentsClose CommentsPermalink
(4) The remaining funds shall be paid into the Treasury as miscellaneous receipts:CommentsClose CommentsPermalink
Provided further, That the Secretary may require that any person filing a notice of injury or a claim for benefits under
SPECIAL BENEFITS FOR DISABLED COAL MINERS
For carrying out title IV of the Federal Mine Safety and Health Act of 1977, as amended by
For making after July 31 of the current fiscal year, benefit payments to individuals under title IV of such Act, for costs incurred in the current fiscal year, such amounts as may be necessary.CommentsClose CommentsPermalink
For making benefit payments under title IV for the first quarter of fiscal year 2010, $56,000,000, to remain available until expended.CommentsClose CommentsPermalink
ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION FUND
For necessary expenses to administer the Energy Employees Occupational Illness Compensation Program Act, $49,654,000, to remain available until expended: Provided, That the Secretary of Labor may require that any person filing a claim for benefits under the Act provide as part of such claim, such identifying information (including Social Security account number) as may be prescribed.CommentsClose CommentsPermalink
BLACK LUNG DISABILITY TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
In fiscal year 2009 and thereafter, such sums as may be necessary from the Black Lung Disability Trust Fund (‘Fund’), to remain available until expended, for payment of all benefits authorized by section 9501(d)(1), (2), (4), and (7) of the Internal Revenue Code of 1954; and interest on advances, as authorized by section 9501(c)(2) of that Act. In addition, the following amounts may be expended from the Fund for fiscal year 2009 for expenses of operation and administration of the Black Lung Benefits program, as authorized by section 9501(d)(5): not to exceed $32,308,000 for transfer to the Employment Standards Administration ‘Salaries and Expenses’; not to exceed $24,694,000 for transfer to Departmental Management, ‘Salaries and Expenses’; not to exceed $325,000 for transfer to Departmental Management, ‘Office of Inspector General’; and not to exceed $356,000 for payments into miscellaneous receipts for the expenses of the Department of the Treasury.CommentsClose CommentsPermalink
Occupational Safety and Health Administration
SALARIES AND EXPENSES
For necessary expenses for the Occupational Safety and Health Administration, $513,042,000, including not to exceed $92,593,000 which shall be the maximum amount available for grants to States under section 23(g) of the Occupational Safety and Health Act (‘Act’), which grants shall be no less than 50 percent of the costs of State occupational safety and health programs required to be incurred under plans approved by the Secretary of Labor under section 18 of the Act; and, in addition, notwithstanding
(1) to provide, as authorized by the Act, consultation, technical assistance, educational and training services, and to conduct surveys and studies;CommentsClose CommentsPermalink
(2) to conduct an inspection or investigation in response to an employee complaint, to issue a citation for violations found during such inspection, and to assess a penalty for violations which are not corrected within a reasonable abatement period and for any willful violations found;CommentsClose CommentsPermalink
(3) to take any action authorized by the Act with respect to imminent dangers;CommentsClose CommentsPermalink
(4) to take any action authorized by the Act with respect to health hazards;CommentsClose CommentsPermalink
(5) to take any action authorized by the Act with respect to a report of an employment accident which is fatal to one or more employees or which results in hospitalization of two or more employees, and to take any action pursuant to such investigation authorized by the Act; andCommentsClose CommentsPermalink
(6) to take any action authorized by the Act with respect to complaints of discrimination against employees for exercising rights under the Act:CommentsClose CommentsPermalink
Provided further, That the foregoing proviso shall not apply to any person who is engaged in a farming operation which does not maintain a temporary labor camp and employs 10 or fewer employees: Provided further, That $10,000,000 shall be available for Susan Harwood training grants, of which $3,144,000 shall be used for the Institutional Competency Building training grants awarded in February 2008, provided that a grantee has demonstrated satisfactory performance: Provided further, That such grants shall be awarded not later than 30 days after the date of enactment of this Act.CommentsClose CommentsPermalink
Mine Safety and Health Administration
SALARIES AND EXPENSES
For necessary expenses for the Mine Safety and Health Administration, $347,003,000, including purchase and bestowal of certificates and trophies in connection with mine rescue and first-aid work, and the hire of passenger motor vehicles, including up to $2,000,000 for mine rescue and recovery activities, and $1,808,000 to continue the project with the United Mine Workers of America, for classroom and simulated rescue training for mine rescue teams; in addition, not to exceed $750,000 may be collected by the National Mine Health and Safety Academy for room, board, tuition, and the sale of training materials, otherwise authorized by law to be collected, to be available for mine safety and health education and training activities, notwithstanding
Bureau of Labor Statistics
SALARIES AND EXPENSES
For necessary expenses for the Bureau of Labor Statistics, including advances or reimbursements to State, Federal, and local agencies and their employees for services rendered, $518,918,000, together with not to exceed $78,264,000, which may be expended from the Employment Security Administration Account in the Unemployment Trust Fund, of which $1,500,000 may be used to fund the mass layoff statistics program under section 15 of the Wagner-Peyser Act: Provided, That the Current Employment Survey shall maintain the content of the survey issued prior to June 2005 with respect to the collection of data for the women worker series.CommentsClose CommentsPermalink
Office of Disability Employment Policy
SALARIES AND EXPENSES
For necessary expenses for the Office of Disability Employment Policy to provide leadership, develop policy and initiatives, and award grants furthering the objective of eliminating barriers to the training and employment of people with disabilities, $26,679,000.CommentsClose CommentsPermalink
Departmental Management
SALARIES AND EXPENSES
For necessary expenses for Departmental Management, including the hire of three sedans, and including the management or operation, through contracts, grants or other arrangements of Departmental activities conducted by or through the Bureau of International Labor Affairs, including bilateral and multilateral technical assistance and other international labor activities, $313,871,000, of which $86,074,000 is for the Bureau of International Labor Affairs (including $6,500,000 to implement model programs to address worker rights issues through technical assistance in countries with which the United States has trade preference programs), and of which $21,286,000 is for the acquisition of Departmental information technology, architecture, infrastructure, equipment, software and related needs, which will be allocated by the Department’s Chief Information Officer in accordance with the Department’s capital investment management process to assure a sound investment strategy; together with not to exceed $327,000, which may be expended from the Employment Security Administration Account in the Unemployment Trust Fund.CommentsClose CommentsPermalink
OFFICE OF JOB CORPS
To carry out subtitle C of title I of the Workforce Investment Act of 1998, including Federal administrative expenses, the purchase and hire of passenger motor vehicles, the construction, alteration and repairs of buildings and other facilities, and the purchase of real property for training centers as authorized by the Workforce Investment Act; $1,683,938,000, plus reimbursements, as follows:CommentsClose CommentsPermalink
(1) $1,540,276,000 for Job Corps Operations, of which $949,276,000 shall be available for obligation for the period July 1, 2009 through June 30, 2010 and of which $591,000,000 shall be available for obligation for the period October 1, 2009 through June 30, 2010;CommentsClose CommentsPermalink
(2) $115,000,000 for construction, rehabilitation and acquisition of Job Corps Centers, of which $15,000,000 shall be available for the period July 1, 2009 through June 30, 2012 and $100,000,000 shall be available for the period October 1, 2009 through June 30, 2012; andCommentsClose CommentsPermalink
(3) $28,662,000 for necessary expenses of the Office of Job Corps shall be available for obligation for the period October 1, 2008 through September 30, 2009:CommentsClose CommentsPermalink
Provided, That the Office of Job Corps shall have contracting authority: Provided further, That no funds from any other appropriation shall be used to provide meal services at or for Job Corps centers.CommentsClose CommentsPermalink
VETERANS EMPLOYMENT AND TRAINING
Not to exceed $205,468,000 may be derived from the Employment Security Administration Account in the Unemployment Trust Fund to carry out the provisions of
OFFICE OF INSPECTOR GENERAL
For salaries and expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $76,326,000, together with not to exceed $5,815,000, which may be expended from the Employment Security Administration Account in the Unemployment Trust Fund.CommentsClose CommentsPermalink
General Provisions
SEC. 101. None of the funds appropriated in this Act for the Job Corps shall be used to pay the salary of an individual, either as direct costs or any proration as an indirect cost, at a rate in excess of Executive Level I.CommentsClose CommentsPermalink
(TRANSFER OF FUNDS)
SEC. 102. Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985) which are appropriated for the current fiscal year for the Department of Labor in this Act may be transferred between a program, project, or activity, but no such program, project, or activity shall be increased by more than 3 percent by any such transfer: Provided, That the transfer authority granted by this section shall be available only to meet emergency needs and shall not be used to create any new program or to fund any project or activity for which no funds are provided in this Act: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer.CommentsClose CommentsPermalink
SEC. 103. In accordance with Executive Order No. 13126, none of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended for the procurement of goods mined, produced, manufactured, or harvested or services rendered, whole or in part, by forced or indentured child labor in industries and host countries already identified by the United States Department of Labor prior to enactment of this Act.CommentsClose CommentsPermalink
Sec. 104. After September 30, 2008, the Secretary of Labor shall issue a monthly transit subsidy of not less than the full amount (of not less than $115) that each of its employees of the National Capital Region is eligible to receive.CommentsClose CommentsPermalink
SEC. 105. None of the funds appropriated in this title for grants under section 171 of the Workforce Investment Act of 1998 may be obligated prior to the preparation and submission of a report by the Secretary of Labor to the Committees on Appropriations of the House of Representatives and the Senate detailing the planned uses of such funds.CommentsClose CommentsPermalink
SEC. 106. There is authorized to be appropriated such sums as may be necessary to the Denali Commission through the Department of Labor to conduct job training of the local workforce where Denali Commission projects will be constructed.CommentsClose CommentsPermalink
SEC. 107. None of the funds made available to the Department of Labor for grants under section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 may be used for any purpose other than training in the occupations and industries for which employers are using H-1B visas to hire foreign workers, and the related activities necessary to support such training: Provided, That the preceding limitation shall not apply to multi-year grants awarded prior to June 30, 2007.CommentsClose CommentsPermalink
SEC. 108. None of the funds available in this Act or available to the Secretary of Labor from other sources for Community-Based Job Training grants and grants authorized under section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 shall be obligated for a grant awarded on a non-competitive basis.CommentsClose CommentsPermalink
SEC. 109. The Secretary of Labor shall take no action to amend, through regulatory or administration action, the definition established in section 667.220 of title 20 of the Code of Federal Regulations for functions and activities under title I of the Workforce Investment Act of 1998, or to modify, through regulatory or administrative action, the procedure for redesignation of local areas as specified in subtitle B of title I of that Act (including applying the standards specified in section 116(a)(3)(B) of that Act, but notwithstanding the time limits specified in section 116(a)(3)(B) of that Act), until such time as legislation reauthorizing the Act is enacted. Nothing in the preceding sentence shall permit or require the Secretary to withdraw approval for such redesignation from a State that received the approval not later than October 12, 2005, or to revise action taken or modify the redesignation procedure being used by the Secretary in order to complete such redesignation for a State that initiated the process of such redesignation by submitting any request for such redesignation not later than October 26, 2005.CommentsClose CommentsPermalink
SEC. 110. None of the funds made available in this or any other Act shall be available to finalize or implement any proposed regulation under the Workforce Investment Act of 1998, Wagner-Peyser Act of 1933, or the Trade Adjustment Assistance Reform Act of 2002 until such time as legislation reauthorizing the Workforce Investment Act of 1998 and the Trade Adjustment Assistance Reform Act of 2002 is enacted.CommentsClose CommentsPermalink
Sec. 111. None of the funds appropriated in this Act under the heading ‘Employment and Training Administration’ shall be used by a recipient or subrecipient of such funds to pay the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of Executive Level II. This limitation shall not apply to vendors providing goods and services as defined in Office of Management and Budget Circular A-133. Where States are recipients of such funds, States may establish a lower limit for salaries and bonuses of those receiving salaries and bonuses from subrecipients of such funds, taking into account factors including the relative cost-of-living in the State, the compensation levels for comparable State or local government employees, and the size of the organizations that administer Federal programs involved including Employment and Training Administration programs.CommentsClose CommentsPermalink
This title may be cited as the ‘Department of Labor Appropriations Act, 2009’.CommentsClose CommentsPermalink
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
HEALTH RESOURCES AND SERVICES
For carrying out titles II, III, IV, VII, VIII, X, XI, XII, XIX, and XXVI of the Public Health Service Act (‘PHS Act’), section 427(a) of the Federal Coal Mine Health and Safety Act, title V and sections 711, 1128E, and 1820 of the Social Security Act, the Health Care Quality Improvement Act of 1986, the Native Hawaiian Health Care Act of 1988, the Cardiac Arrest Survival Act of 2000, section 712 of the American Jobs Creation Act of 2004, and the Stem Cell Therapeutic and Research Act of 2005, $7,234,436,000, of which $39,200,000 from general revenues, notwithstanding section 1820(j) of the Social Security Act, shall be available for carrying out the Medicare rural hospital flexibility grants program under such section: Provided, That of the funds made available under this heading, $129,000 shall be available until expended for facilities renovations at the Gillis W. Long Hansen’s Disease Center: Provided further, That $56,000,000 of the funding provided for community health centers shall be for base grant adjustments for existing health centers: Provided further, That in addition to fees authorized by section 427(b) of the Health Care Quality Improvement Act of 1986, fees shall be collected for the full disclosure of information under the Act sufficient to recover the full costs of operating the National Practitioner Data Bank, and shall remain available until expended to carry out that Act: Provided further, That fees collected for the full disclosure of information under the ‘Health Care Fraud and Abuse Data Collection Program’, authorized by section 1128E(d)(2) of the Social Security Act, shall be sufficient to recover the full costs of operating the program, and shall remain available until expended to carry out that Act: Provided further, That no more than $40,000 is available until expended for carrying out the provisions of section 224(o) of the PHS Act including associated administrative expenses and relevant evaluations: Provided further, That no more than $44,055,000 is available until expended for carrying out the provisions of
HEALTH EDUCATION ASSISTANCE LOANS PROGRAM ACCOUNT
Such sums as may be necessary to carry out the purpose of the program, as authorized by title VII of the Public Health Service Act (‘PHS Act’). For administrative expenses to carry out the guaranteed loan program, including section 709 of the PHS Act, $2,847,000.CommentsClose CommentsPermalink
VACCINE INJURY COMPENSATION PROGRAM TRUST FUND
For payments from the Vaccine Injury Compensation Program Trust Fund (‘Trust Fund’), such sums as may be necessary for claims associated with vaccine-related injury or death with respect to vaccines administered after September 30, 1988, pursuant to subtitle 2 of title XXI of the Public Health Service Act, to remain available until expended: Provided, That for necessary administrative expenses, not to exceed $5,404,000 shall be available from the Trust Fund to the Secretary of Health and Human Services.CommentsClose CommentsPermalink
Centers for Disease Control and Prevention
disease control, research, and training
To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and XXVI of the Public Health Service Act (‘PHS Act’), sections 101, 102, 103, 201, 202, 203, 301, 501, and 514 of the Federal Mine Safety and Health Act of 1977, section 13 of the Mine Improvement and New Emergency Response Act of 2006, sections 20, 21, and 22 of the Occupational Safety and Health Act of 1970, title IV of the Immigration and Nationality Act, section 501 of the Refugee Education Assistance Act of 1980, and for expenses necessary to support activities related to countering potential biological, nuclear, radiological, and chemical threats to civilian populations; including purchase and insurance of official motor vehicles in foreign countries; and purchase, hire, maintenance, and operation of aircraft, $6,283,350,000, of which $151,500,000 shall remain available until expended for acquisition of real property, equipment, construction and renovation of facilities; of which $570,307,000 shall remain available until expended for the Strategic National Stockpile under section 319F-2 of the PHS Act; of which $21,997,000 shall be used for the projects, and in the amounts, specified under the heading ‘Disease Control, Research, and Training’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act); of which $118,863,000 for international HIV/AIDS shall remain available through September 30, 2010; and of which $70,000,000 shall be available until expended to provide screening and treatment for first response emergency services personnel, residents, students, and others related to the September 11, 2001 terrorist attacks on the World Trade Center: Provided, That in addition, such sums as may be derived from authorized user fees, which shall be credited to this account: Provided further, That in addition to amounts provided herein, the following amounts shall be available from amounts available under section 241 of the PHS Act: (1) $12,794,000 to carry out the National Immunization Surveys; (2) $124,701,000 to carry out the National Center for Health Statistics surveys; (3) $24,751,000 to carry out information systems standards development and architecture and applications-based research used at local public health levels; (4) $46,780,000 for Health Marketing; (5) $31,000,000 to carry out Public Health Research; and (6) $91,225,000 to carry out research activities within the National Occupational Research Agenda: Provided further, That none of the funds made available for injury prevention and control at the Centers for Disease Control and Prevention may be used, in whole or in part, to advocate or promote gun control: Provided further, That of the funds made available under this heading, up to $1,000 per eligible employee of the Centers for Disease Control and Prevention shall be made available until expended for Individual Learning Accounts: Provided further, That the Director may redirect the total amount made available under authority of
In addition, for necessary expenses to administer the Energy Employees Occupational Illness Compensation Program Act, $55,358,000, to remain available until expended, of which $4,500,000 shall be for use by or in support of the Advisory Board on Radiation and Worker Health (‘the Board’) to carry out its statutory responsibilities, including obtaining audits, technical assistance, and other support from the Board’s audit contractor with regard to radiation dose estimation and reconstruction efforts, site profiles, procedures, and review of Special Exposure Cohort petitions and evaluation reports: Provided, That this amount shall be available consistent with the provision regarding administrative expenses in section 151(b) of division B, title I of
National Institutes of Health
NATIONAL CANCER INSTITUTE
For carrying out section 301 and title IV of the Public Health Service Act with respect to cancer, $4,968,973,000, of which up to $8,000,000 may be used for facilities repairs and improvements at the National Cancer Institute-Frederick Federally Funded Research and Development Center in Frederick, Maryland.CommentsClose CommentsPermalink
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE
For carrying out section 301 and title IV of the Public Health Service Act with respect to cardiovascular, lung, and blood diseases, and blood and blood products, $3,015,689,000.CommentsClose CommentsPermalink
NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH
For carrying out section 301 and title IV of the Public Health Service Act with respect to dental disease, $402,652,000.CommentsClose CommentsPermalink
NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY DISEASES
For carrying out section 301 and title IV of the Public Health Service Act with respect to diabetes and digestive and kidney disease, $1,761,338,000.CommentsClose CommentsPermalink
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE
For carrying out section 301 and title IV of the Public Health Service Act with respect to neurological disorders and stroke, $1,593,344,000.CommentsClose CommentsPermalink
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES
(INCLUDING TRANSFER OF FUNDS)
For carrying out section 301 and title IV of the Public Health Service Act with respect to allergy and infectious diseases, $4,702,572,000: Provided, That $300,000,000 may be made available to International Assistance Programs ‘Global Fund to Fight HIV/AIDS, Malaria, and Tuberculosis’, to remain available until expended.CommentsClose CommentsPermalink
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES
For carrying out section 301 and title IV of the Public Health Service Act with respect to general medical sciences, $1,997,801,000.CommentsClose CommentsPermalink
EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT
For carrying out section 301 and title IV of the Public Health Service Act with respect to child health and human development, $1,294,894,000.CommentsClose CommentsPermalink
NATIONAL EYE INSTITUTE
For carrying out section 301 and title IV of the Public Health Service Act with respect to eye diseases and visual disorders, $688,480,000.CommentsClose CommentsPermalink
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
For carrying out section 301 and title IV of the Public Health Service Act with respect to environmental health sciences, $662,820,000.CommentsClose CommentsPermalink
NATIONAL INSTITUTE ON AGING
For carrying out section 301 and title IV of the Public Health Service Act with respect to aging, $1,080,796,000.CommentsClose CommentsPermalink
NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN DISEASES
For carrying out section 301 and title IV of the Public Health Service Act with respect to arthritis and musculoskeletal and skin diseases, $524,872,000.CommentsClose CommentsPermalink
NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION DISORDERS
For carrying out section 301 and title IV of the Public Health Service Act with respect to deafness and other communication disorders, $407,259,000.CommentsClose CommentsPermalink
NATIONAL INSTITUTE OF NURSING RESEARCH
For carrying out section 301 and title IV of the Public Health Service Act with respect to nursing research, $141,879,000.CommentsClose CommentsPermalink
NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM
For carrying out section 301 and title IV of the Public Health Service Act with respect to alcohol abuse and alcoholism, $450,230,000.CommentsClose CommentsPermalink
NATIONAL INSTITUTE ON DRUG ABUSE
For carrying out section 301 and title IV of the Public Health Service Act with respect to drug abuse, $1,032,759,000.CommentsClose CommentsPermalink
NATIONAL INSTITUTE OF MENTAL HEALTH
For carrying out section 301 and title IV of the Public Health Service Act with respect to mental health, $1,450,491,000.CommentsClose CommentsPermalink
NATIONAL HUMAN GENOME RESEARCH INSTITUTE
For carrying out section 301 and title IV of the Public Health Service Act with respect to human genome research, $502,367,000.CommentsClose CommentsPermalink
NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING
For carrying out section 301 and title IV of the Public Health Service Act with respect to biomedical imaging and bioengineering research, $308,208,000.CommentsClose CommentsPermalink
NATIONAL CENTER FOR RESEARCH RESOURCES
For carrying out section 301 and title IV of the Public Health Service Act with respect to research resources and general research support grants, $1,226,263,000.CommentsClose CommentsPermalink
NATIONAL CENTER FOR COMPLEMENTARY AND ALTERNATIVE MEDICINE
For carrying out section 301 and title IV of the Public Health Service Act with respect to complementary and alternative medicine, $125,471,000.CommentsClose CommentsPermalink
NATIONAL CENTER ON MINORITY HEALTH AND HEALTH DISPARITIES
For carrying out section 301 and title IV of the Public Health Service Act with respect to minority health and health disparities research, $205,959,000.CommentsClose CommentsPermalink
JOHN E. FOGARTY INTERNATIONAL CENTER
For carrying out the activities of the John E. Fogarty International Center (described in subpart 2 of part E of title IV of the Public Health Service Act), $68,691,000.CommentsClose CommentsPermalink
NATIONAL LIBRARY OF MEDICINE
For carrying out section 301 and title IV of the Public Health Service Act (‘PHS Act’) with respect to health information communications, $330,771,000, of which $4,000,000 shall be available until expended for improvement of information systems: Provided, That in fiscal year 2009, the National Library of Medicine may enter into personal services contracts for the provision of services in facilities owned, operated, or constructed under the jurisdiction of the National Institutes of Health: Provided further, That in addition to amounts provided herein, $8,200,000 shall be available from amounts available under section 241 of the PHS Act to carry out the purposes of the National Information Center on Health Services Research and Health Care Technology established under section 478A of the PHS Act and related health services.CommentsClose CommentsPermalink
OFFICE OF THE DIRECTOR
For carrying out the responsibilities of the Office of the Director, National Institutes of Health (‘NIH’), $1,246,864,000, of which up to $25,000,000 shall be used to carry out section 214 of this Act: Provided, That funding shall be available for the purchase of not to exceed 29 passenger motor vehicles for replacement only: Provided further, That the NIH is authorized to collect third party payments for the cost of clinical services that are incurred in NIH research facilities and that such payments shall be credited to the NIH Management Fund: Provided further, That all funds credited to such Fund shall remain available for one fiscal year after the fiscal year in which they are deposited: Provided further, That up to $192,300,000 shall be available for continuation of the National Children’s Study: Provided further, That $541,133,000 shall be available for the Common Fund established under section 402A(c)(1) of the Public Health Service Act (‘PHS Act’): Provided further, That of the funds provided $10,000 shall be for official reception and representation expenses when specifically approved by the Director of the NIH: Provided further, That the Office of AIDS Research within the Office of the Director of the NIH may spend up to $8,000,000 to make grants for construction or renovation of facilities as provided for in section 2354(a)(5)(B) of the PHS Act.CommentsClose CommentsPermalink
BUILDINGS AND FACILITIES
For the study of, construction of, renovation of, and acquisition of equipment for, facilities of or used by the National Institutes of Health, including the acquisition of real property, $125,581,000, to remain available until expended.CommentsClose CommentsPermalink
Substance Abuse and Mental Health Services Administration
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES
For carrying out titles III, V, and XIX of the Public Health Service Act (‘PHS Act’) with respect to substance abuse and mental health services and the Protection and Advocacy for Individuals with Mental Illness Act, $3,334,906,000, of which $15,666,000 shall be used for the projects, and in the amounts, specified under the heading ‘Substance Abuse and Mental Health Services’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, That notwithstanding section 520A(f)(2) of the PHS Act, no funds appropriated for carrying out section 520A are available for carrying out section 1971 of the PHS Act: Provided further, That $2,000,000 shall be available to establish State-administered controlled substance monitoring systems as authorized by
Agency for Healthcare Research and Quality
HEALTHCARE RESEARCH AND QUALITY
For carrying out titles III and IX of the Public Health Service Act (‘PHS Act’), part A of title XI of the Social Security Act, and section 1013 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, amounts received from Freedom of Information Act fees, reimbursable and interagency agreements, and the sale of data shall be credited to this appropriation and shall remain available until expended: Provided, That the amount made available pursuant to section 937(c) of the PHS Act shall not exceed $372,053,000.CommentsClose CommentsPermalink
Centers for Medicare and Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI and XIX of the Social Security Act, $149,335,031,000, to remain available until expended.CommentsClose CommentsPermalink
For making, after May 31, 2009, payments to States under title XIX of the Social Security Act for the last quarter of fiscal year 2009 for unanticipated costs, incurred for the current fiscal year, such sums as may be necessary.CommentsClose CommentsPermalink
For making payments to States or in the case of section 1928 on behalf of States under title XIX of the Social Security Act for the first quarter of fiscal year 2010, $71,700,038,000, to remain available until expended.CommentsClose CommentsPermalink
Payment under title XIX may be made for any quarter with respect to a State plan or plan amendment in effect during such quarter, if submitted in or prior to such quarter and approved in that or any subsequent quarter.CommentsClose CommentsPermalink
payments to health care trust funds
For payment to the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, as provided under sections 217(g), 1844, and 1860D-16 of the Social Security Act, sections 103(c) and 111(d) of the Social Security Amendments of 1965, section 278(d) of
In addition, for making matching payments under section 1844, and benefit payments under section 1860D-16 of the Social Security Act, not anticipated in budget estimates, such sums as may be necessary.CommentsClose CommentsPermalink
program management
For carrying out, except as otherwise provided, titles XI, XVIII, XIX, and XXI of the Social Security Act, titles XIII and XXVII of the Public Health Service Act (‘PHS Act’), and the Clinical Laboratory Improvement Amendments of 1988, not to exceed $3,305,386,000, to be transferred from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, as authorized by section 201(g) of the Social Security Act; together with all funds collected in accordance with section 353 of the PHS Act and section 1857(e)(2) of the Social Security Act, funds retained by the Secretary of Health and Human Services pursuant to section 302 of the Tax Relief and Health Care Act of 2006; and such sums as may be collected from authorized user fees and the sale of data, which shall be credited to this account and remain available until expended: Provided, That all funds derived in accordance with
Health Care Fraud and Abuse Control Account
In addition to amounts otherwise available for program integrity and program management, $198,000,000, to be transferred from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, as authorized by section 201(g) of the Social Security Act, of which $147,038,000 shall be for the Medicare Integrity Program at the Centers for Medicare and Medicaid Services to conduct oversight of activities for Medicare Advantage and the Medicare Prescription Drug Program authorized in title XVIII of the Social Security Act, including activities listed in section 1893(b) of such Act; of which $18,967,000 shall be for the Department of Health and Human Services Office of Inspector General; of which $13,028,000 shall be for the Medicaid and State Children’s Health Insurance Program (‘SCHIP’) program integrity activities; and of which $18,967,000 shall be for the Department of Justice: Provided, That the report required by section 1817(k)(5) of the Social Security Act for fiscal year 2009 shall include measures of the operational efficiency and impact on fraud, waste, and abuse in the Medicare, Medicaid, and SCHIP programs for the funds provided by this appropriation.CommentsClose CommentsPermalink
Administration for Children and Families
PAYMENTS TO STATES FOR CHILD SUPPORT ENFORCEMENT AND FAMILY SUPPORT PROGRAMS
For making payments to States or other non-Federal entities under titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the Act of July 5, 1960, $2,759,078,000, to remain available until expended; and for such purposes for the first quarter of fiscal year 2010, $1,000,000,000, to remain available until expended.CommentsClose CommentsPermalink
For making payments to each State for carrying out the program of Aid to Families with Dependent Children under title IV-A of the Social Security Act before the effective date of the program of Temporary Assistance for Needy Families with respect to such State, such sums as may be necessary: Provided, That the sum of the amounts available to a State with respect to expenditures under such title IV-A in fiscal year 1997 under this appropriation and under such title IV-A as amended by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 shall not exceed the limitations under section 116(b) of such Act.CommentsClose CommentsPermalink
For making, after May 31 of the current fiscal year, payments to States or other non-Federal entities under titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the Act of July 5, 1960, for the last 3 months of the current fiscal year for unanticipated costs, incurred for the current fiscal year, such sums as may be necessary.CommentsClose CommentsPermalink
REFUGEE AND ENTRANT ASSISTANCE
For necessary expenses for refugee and entrant assistance activities authorized by section 414 of the Immigration and Nationality Act and section 501 of the Refugee Education Assistance Act of 1980, for carrying out section 462 of the Homeland Security Act of 2002, for costs associated with the care and placement of unaccompanied alien children, and for carrying out the Torture Victims Relief Act of 1998, $633,442,000, of which up to $9,814,000 shall be available to carry out the Trafficking Victims Protection Act of 2000: Provided, That funds appropriated under this heading pursuant to section 414(a) of the Immigration and Nationality Act and section 462 of the Homeland Security Act of 2002 for fiscal year 2009 shall be available for the costs of assistance provided and other activities to remain available through September 30, 2011.CommentsClose CommentsPermalink
PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT BLOCK GRANT
For carrying out the Child Care and Development Block Grant Act of 1990, $2,127,081,000 shall be used to supplement, not supplant State general revenue funds for child care assistance for low-income families: Provided, That $18,960,000 shall be available for child care resource and referral and school-aged child care activities, of which $1,000,000 shall be for the Child Care Aware toll-free hotline: Provided further, That, in addition to the amounts required to be reserved by the States under section 658G, $271,401,000 shall be reserved by the States for activities authorized under section 658G, of which $99,534,000 shall be for activities that improve the quality of infant and toddler care: Provided further, That $9,910,000 shall be for use by the Secretary of Health and Human Services for child care research, demonstration, and evaluation activities.CommentsClose CommentsPermalink
SOCIAL SERVICES BLOCK GRANT
For making grants to States pursuant to section 2002 of the Social Security Act, $1,700,000,000: Provided, That notwithstanding subparagraph (B) of section 404(d)(2) of such Act, the applicable percent specified under such subparagraph for a State to carry out State programs pursuant to title XX of such Act shall be 10 percent.CommentsClose CommentsPermalink
children and families services programs
For carrying out, except as otherwise provided, the Runaway and Homeless Youth Act, the Developmental Disabilities Assistance and Bill of Rights Act, the Head Start Act, the Child Abuse Prevention and Treatment Act, sections 310 and 316 of the Family Violence Prevention and Services Act, the Native American Programs Act of 1974, title II of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 (adoption opportunities), sections 330F and 330G of the Public Health Service Act (‘PHS Act’), the Abandoned Infants Assistance Act of 1988, sections 261 and 291 of the Help America Vote Act of 2002, part B-1 of title IV and sections 413, 1110, and 1115 of the Social Security Act; for making payments under the Community Services Block Grant Act (‘CSBG Act’), sections 439(i), 473B, and 477(i) of the Social Security Act, and the Assets for Independence Act; and for necessary administrative expenses to carry out such Acts and titles I, IV, V, X, XI, XIV, XVI, and XX of the Social Security Act, the Act of July 5, 1960, the Low-Income Home Energy Assistance Act of 1981, title IV of the Immigration and Nationality Act, section 501 of the Refugee Education Assistance Act of 1980, and section 505 of the Family Support Act of 1988, $9,301,111,000, of which $36,500,000, to remain available through September 30, 2010, shall be for grants to States for adoption incentive payments, as authorized by section 473A of the Social Security Act and may be made for adoptions completed before September 30, 2009: Provided, That without regard to the fiscal year limitations set forth in section 473A of the Social Security Act, from the amounts appropriated herein, the Secretary shall pay adoption incentives for fiscal year 2008 in the same manner as such incentives were awarded in fiscal year 2008 for the previous fiscal year: Provided further, That $7,112,786,000 shall be for making payments under the Head Start Act, of which $2,000,000, to remain available through September 30, 2010, shall be designated to fund section 657B: Provided further, That $746,000,000 shall be for making payments under the CSBG Act: Provided further, That not less than $10,000,000 shall be for section 680(3)(B) of the CSBG Act: Provided further, That in addition to amounts provided herein, $5,762,000 shall be available from amounts available under section 241 of the PHS Act to carry out the provisions of section 1110 of the Social Security Act: Provided further, That to the extent Community Services Block Grant funds are distributed as grant funds by a State to an eligible entity as provided under the CSBG Act, and have not been expended by such entity, they shall remain with such entity for carryover into the next fiscal year for expenditure by such entity consistent with program purposes: Provided further, That the Secretary of Health and Human Services shall establish procedures regarding the disposition of intangible assets and program income that permit such assets acquired with, and program income derived from, grant funds authorized under section 680 of the CSBG Act to become the sole property of such grantees after a period of not more than 12 years after the end of the grant period for any activity consistent with section 680(a)(2)(A) of the CSBG Act: Provided further, That intangible assets in the form of loans, equity investments and other debt instruments, and program income may be used by grantees for any eligible purpose consistent with section 680(a)(2)(A) of the CSBG Act: Provided further, That these procedures shall apply to such grant funds made available after November 29, 1999: Provided further, That funds appropriated for section 680(a)(2) of the CSBG Act shall be available for financing construction and rehabilitation and loans or investments in private business enterprises owned by community development corporations: Provided further, That $47,688,000 shall be for a compassion capital fund to provide grants to charitable organizations to emulate model social service programs and to encourage research on the best practices of social service organizations: Provided further, That $17,410,000 shall be for activities authorized by the Help America Vote Act of 2002, of which $12,154,000 shall be for payments to States to promote access for voters with disabilities, and of which $5,256,000 shall be for payments to States for protection and advocacy systems for voters with disabilities: Provided further, That $94,659,000 shall be for making competitive grants to provide abstinence education (as defined by section 510(b)(2) of the Social Security Act) to adolescents, and for Federal costs of administering the grants: Provided further, That grants under the immediately preceding proviso shall be made only to public and private entities which agree that, with respect to an adolescent to whom the entities provide abstinence education under such grants, the entities will not provide to that adolescent any other education regarding sexual conduct, except that, in the case of an entity expressly required by law to provide health information or services the adolescent shall not be precluded from seeking health information or services from the entity in a different setting than the setting in which abstinence education was provided: Provided further, That information provided through such competitive grants for abstinence education shall be scientifically accurate and shall comply with section 317P(c)(2) of the PHS Act: Provided further, That within amounts provided herein for abstinence education for adolescents, up to $10,000,000 may be available for a national abstinence education campaign: Provided further, That in addition to amounts provided herein for abstinence education for adolescents, $4,455,000 shall be available from amounts available under section 241 of the PHS Act to carry out evaluations (including longitudinal evaluations) of adolescent pregnancy prevention approaches: Provided further, That up to $2,000,000 shall be for improving the Public Assistance Reporting Information System, including grants to States to support data collection for a study of the system’s effectiveness: Provided further, That $16,910,000 shall be used for the projects, and in the amounts, specified under the heading ‘Children and Families Services Programs’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).CommentsClose CommentsPermalink
PROMOTING SAFE AND STABLE FAMILIES
For carrying out section 436 of the Social Security Act, $345,000,000 and section 437 of such Act, $63,311,000.CommentsClose CommentsPermalink
PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION ASSISTANCE
For making payments to States or other non-Federal entities under title IV-E of the Social Security Act, $5,050,000,000.CommentsClose CommentsPermalink
For making payments to States or other non-Federal entities under title IV-E of the Social Security Act, for the first quarter of fiscal year 2010, $1,800,000,000.CommentsClose CommentsPermalink
For making, after May 31 of the current fiscal year, payments to States or other non-Federal entities under section 474 of title IV-E of the Social Security Act, for the last 3 months of the current fiscal year for unanticipated costs, incurred for the current fiscal year, such sums as may be necessary.CommentsClose CommentsPermalink
Administration on Aging
AGING SERVICES PROGRAMS
For carrying out, to the extent not otherwise provided, the Older Americans Act of 1965, section 398 of the Public Health Service Act, and section 119 of the Medicare Improvements for Patients and Providers Act of 2008, $1,491,343,000, of which $5,500,000 shall be available for activities regarding medication management, screening, and education to prevent incorrect medication and adverse drug reactions: Provided, That $5,123,000 shall be used for the projects, and in the amounts, specified under the heading ‘Aging Services Programs’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).CommentsClose CommentsPermalink
Office of the Secretary
general departmental management
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses, not otherwise provided, for general departmental management, including hire of six sedans, and for carrying out titles III, XVII, XX, XXI, and XXIX of the Public Health Service Act (‘PHS Act’), the United States-Mexico Border Health Commission Act, and research studies under section 1110 of the Social Security Act, $389,925,000, together with $5,851,000 to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, and $46,756,000 from the amounts available under section 241 of the PHS Act to carry out national health or human services research and evaluation activities: Provided, That of this amount, $51,891,000 shall be for minority AIDS prevention and treatment activities; $5,789,000 shall be to assist Afghanistan in the development of maternal and child health clinics, consistent with section 103(a)(4)(H) of the Afghanistan Freedom Support Act of 2002; and $1,000,000 shall be transferred, not later than 30 days after enactment of this Act, to the National Institute of Mental Health to administer the Interagency Autism Coordinating Committee: Provided further, That of the funds made available under this heading for carrying out title XX of the PHS Act, $13,120,000 shall be for activities specified under section 2003(b)(2), all of which shall be for prevention service demonstration grants under section 510(b)(2) of title V of the Social Security Act without application of the limitation of section 2010(c) of such title XX: Provided further, That funds provided in this Act for embryo adoption activities may be used to provide, to individuals adopting embryos, through grants and other mechanisms, medical and administrative services deemed necessary for such adoptions: Provided further, That such services shall be provided consistent with 42 CFR 59.5(a)(4): Provided further, That $2,854,000 shall be used for the projects, and in the amounts, specified under the heading ‘General Departmental Management’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided further, That specific information requests from the chairmen and ranking members of the Subcommittees on Labor, Health and Human Services, and Education, and Related Agencies, on scientific research or any other matter, shall be transmitted to the Committees on Appropriations of the House of Representatives and the Senate (‘Committees on Appropriations’) in a prompt, professional manner and within the time frame specified in the request: Provided further, That scientific information, including such information provided in congressional testimony, requested by the Committees on Appropriations and prepared by government researchers and scientists shall be transmitted to the Committees on Appropriations, uncensored and without delay.CommentsClose CommentsPermalink
OFFICE OF MEDICARE HEARINGS AND APPEALS
For expenses necessary for administrative law judges responsible for hearing cases under title XVIII of the Social Security Act (and related provisions of title XI of such Act), $64,604,000, to be transferred in appropriate part from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund.CommentsClose CommentsPermalink
office of the national coordinator for health information technology
For expenses necessary for the Office of the National Coordinator for Health Information Technology, including grants, contracts, and cooperative agreements for the development and advancement of interoperable health information technology, $43,552,000: Provided, That in addition to amounts provided herein, $17,679,000 shall be available from amounts available under section 241 of the Public Health Service Act.CommentsClose CommentsPermalink
office of inspector general
For expenses necessary for the Office of Inspector General, including the hire of passenger motor vehicles for investigations, in carrying out the provisions of the Inspector General Act of 1978, $45,279,000: Provided, That of such amount, necessary sums shall be available for providing protective services to the Secretary of Health and Human Services and investigating non-payment of child support cases for which non-payment is a Federal offense under
office for civil rights
For expenses necessary for the Office for Civil Rights, $36,785,000, together with not to exceed $3,314,000 to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund.CommentsClose CommentsPermalink
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health Service Commissioned Officers as authorized by law, for payments under the Retired Serviceman’s Family Protection Plan and Survivor Benefit Plan, and for medical care of dependents and retired personnel under the Dependents’ Medical Care Act, such amounts as may be required during the current fiscal year.CommentsClose CommentsPermalink
public health and social services emergency fund
(including transfer of funds)
For expenses necessary to support activities related to countering potential biological, nuclear, radiological and chemical threats to civilian populations, and for other public health emergencies, $537,704,000, of which not to exceed $22,052,000 shall be to pay the costs described in section 319F-2(c)(7)(B) of the Public Health Service Act (‘PHS Act’).CommentsClose CommentsPermalink
For expenses necessary to support advanced research and development pursuant to section 319L of the PHS Act, $275,000,000, to be derived by transfer from funds appropriated under the heading ‘Biodefense Countermeasures’ in the Department of Homeland Security Appropriations Act, 2004, to remain available through September 30, 2010.CommentsClose CommentsPermalink
For expenses necessary to prepare for and respond to an influenza pandemic, $448,091,000, together with $137,000,000 to be derived by transfer from funds appropriated under the heading ‘Biodefense Countermeasures’ in the Department of Homeland Security Appropriations Act, 2004, of which $507,000,000 shall be available until expended, for activities including the development and purchase of vaccine, antivirals, necessary medical supplies, diagnostics, and other surveillance tools: Provided, That products purchased with these funds may, at the discretion of the Secretary of Health and Human Services, be deposited in the Strategic National Stockpile under section 319F-2 of the PHS Act: Provided further, That notwithstanding section 496(b) of the PHS Act, funds may be used for the construction or renovation of privately owned facilities for the production of pandemic influenza vaccines and other biologics, if the Secretary finds such construction or renovation necessary to secure sufficient supplies of such vaccines or biologics: Provided further, That funds appropriated herein may be transferred to other appropriation accounts of the Department of Health and Human Services, as determined by the Secretary to be appropriate, to be used for the purposes specified in this paragraph.CommentsClose CommentsPermalink
GENERAL PROVISIONS
SEC. 201. Funds appropriated in this title shall be available for not to exceed $50,000 for official reception and representation expenses when specifically approved by the Secretary of Health and Human Services.CommentsClose CommentsPermalink
SEC. 202. The Secretary of Health and Human Services shall make available through assignment not more than 60 employees of the Public Health Service to assist in child survival activities and to work in AIDS programs through and with funds provided by the Agency for International Development, the United Nations International Children’s Emergency Fund or the World Health Organization.CommentsClose CommentsPermalink
SEC. 203. None of the funds appropriated in this Act for the National Institutes of Health, the Agency for Healthcare Research and Quality, and the Substance Abuse and Mental Health Services Administration shall be used to pay the salary of an individual, through a grant or other extramural mechanism, at a rate in excess of Executive Level I.CommentsClose CommentsPermalink
SEC. 204. None of the funds appropriated in this Act may be expended pursuant to section 241 of the Public Health Service Act, except for funds specifically provided for in this Act, or for other taps and assessments made by any office located in the Department of Health and Human Services, prior to the preparation and submission of a report by the Secretary of Health and Human Services to the Committees on Appropriations of the House of Representatives and the Senate detailing the planned uses of such funds.CommentsClose CommentsPermalink
SEC. 205. Notwithstanding section 241(a) of the Public Health Service Act, such portion as the Secretary of Health and Human Services shall determine, but not more than 2.4 percent, of any amounts appropriated for programs authorized under such Act shall be made available for the evaluation (directly, or by grants or contracts) of the implementation and effectiveness of such programs.CommentsClose CommentsPermalink
(TRANSFER OF FUNDS)
SEC. 206. Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985) which are appropriated for the current fiscal year for the Department of Health and Human Services in this Act may be transferred between a program, project, or activity, but no such program, project, or activity shall be increased by more than 3 percent by any such transfer: Provided, That the transfer authority granted by this section shall be available only to meet emergency needs and shall not be used to create any new program or to fund any project or activity for which no funds are provided in this Act: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer.CommentsClose CommentsPermalink
(TRANSFER OF FUNDS)
SEC. 207. The Director of the National Institutes of Health, jointly with the Director of the Office of AIDS Research, may transfer up to 3 percent among institutes and centers from the total amounts identified by these two Directors as funding for research pertaining to the human immunodeficiency virus: Provided, That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer.CommentsClose CommentsPermalink
(TRANSFER OF FUNDS)
SEC. 208. Of the amounts made available in this Act for the National Institutes of Health, the amount for research related to the human immunodeficiency virus, as jointly determined by the Director of the National Institutes of Health and the Director of the Office of AIDS Research, shall be made available to the ‘Office of AIDS Research’ account. The Director of the Office of AIDS Research shall transfer from such account amounts necessary to carry out section 2353(d)(3) of the Public Health Service Act.CommentsClose CommentsPermalink
Sec. 209. None of the funds appropriated in this Act may be made available to any entity under title X of the Public Health Service Act unless the applicant for the award certifies to the Secretary of Health and Human Services that it encourages family participation in the decision of minors to seek family planning services and that it provides counseling to minors on how to resist attempts to coerce minors into engaging in sexual activities.CommentsClose CommentsPermalink
SEC. 210. Notwithstanding any other provision of law, no provider of services under title X of the Public Health Service Act shall be exempt from any State law requiring notification or the reporting of child abuse, child molestation, sexual abuse, rape, or incest.CommentsClose CommentsPermalink
SEC. 211. None of the funds appropriated by this Act (including funds appropriated to any trust fund) may be used to carry out the Medicare Advantage program if the Secretary of Health and Human Services denies participation in such program to an otherwise eligible entity (including a Provider Sponsored Organization) because the entity informs the Secretary that it will not provide, pay for, provide coverage of, or provide referrals for abortions: Provided, That the Secretary shall make appropriate prospective adjustments to the capitation payment to such an entity (based on an actuarially sound estimate of the expected costs of providing the service to such entity’s enrollees): Provided further, That nothing in this section shall be construed to change the Medicare program’s coverage for such services and a Medicare Advantage organization described in this section shall be responsible for informing enrollees where to obtain information about all Medicare covered services.CommentsClose CommentsPermalink
SEC. 212. (a) Except as provided by subsection (e) none of the funds appropriated by this Act may be used to withhold substance abuse funding from a State pursuant to section 1926 of the Public Health Service Act if such State certifies to the Secretary of Health and Human Services by May 1, 2009, that the State will commit additional State funds, in accordance with subsection (b), to ensure compliance with State laws prohibiting the sale of tobacco products to individuals under 18 years of age.CommentsClose CommentsPermalink
(b) The amount of funds to be committed by a State under subsection (a) shall be equal to 1 percent of such State’s substance abuse block grant allocation for each percentage point by which the State misses the retailer compliance rate goal established by the Secretary under section 1926 of such Act.CommentsClose CommentsPermalink
(c) The State is to maintain State expenditures in fiscal year 2009 for tobacco prevention programs and for compliance activities at a level that is not less than the level of such expenditures maintained by the State for fiscal year 2008, and adding to that level the additional funds for tobacco compliance activities required under subsection (a). The State is to submit a report to the Secretary on all fiscal year 2008 State expenditures and all fiscal year 2009 obligations for tobacco prevention and compliance activities by program activity by July 31, 2009.CommentsClose CommentsPermalink
(d) The Secretary shall exercise discretion in enforcing the timing of the State obligation of the additional funds required by the certification described in subsection (a) as late as July 31, 2009.CommentsClose CommentsPermalink
(e) None of the funds appropriated by this Act may be used to withhold substance abuse funding pursuant to section 1926 of the Public Health Service Act from a territory that receives less than $1,000,000.CommentsClose CommentsPermalink
SEC. 213. In order for the Department of Health and Human Services to carry out international health activities, including HIV/AIDS and other infectious disease, chronic and environmental disease, and other health activities abroad during fiscal year 2009:CommentsClose CommentsPermalink
(1) The Secretary of Health and Human Services may exercise authority equivalent to that available to the Secretary of State in section 2(c) of the State Department Basic Authorities Act of 1956. The Secretary of Health and Human Services shall consult with the Secretary of State and relevant Chief of Mission to ensure that the authority provided in this section is exercised in a manner consistent with section 207 of the Foreign Service Act of 1980 and other applicable statutes administered by the Department of State.CommentsClose CommentsPermalink
(2) The Secretary of Health and Human Services is authorized to provide such funds by advance or reimbursement to the Secretary of State as may be necessary to pay the costs of acquisition, lease, alteration, renovation, and management of facilities outside of the United States for the use of the Department of Health and Human Services. The Department of State shall cooperate fully with the Secretary of Health and Human Services to ensure that the Department of Health and Human Services has secure, safe, functional facilities that comply with applicable regulation governing location, setback, and other facilities requirements and serve the purposes established by this Act. The Secretary of Health and Human Services is authorized, in consultation with the Secretary of State, through grant or cooperative agreement, to make available to public or nonprofit private institutions or agencies in participating foreign countries, funds to acquire, lease, alter, or renovate facilities in those countries as necessary to conduct programs of assistance for international health activities, including activities relating to HIV/AIDS and other infectious diseases, chronic and environmental diseases, and other health activities abroad.CommentsClose CommentsPermalink
SEC. 214. (a) AUTHORITY- Notwithstanding any other provision of law, the Director of the National Institutes of Health (‘Director’) may use funds available under section 402(b)(7) or 402(b)(12) of the Public Health Service Act (‘PHS Act’) to enter into transactions (other than contracts, cooperative agreements, or grants) to carry out research identified pursuant to such section 402(b)(7) (pertaining to the Common Fund) or research and activities described in such section 402(b)(12).CommentsClose CommentsPermalink
(b) PEER REVIEW- In entering into transactions under subsection (a), the Director may utilize such peer review procedures (including consultation with appropriate scientific experts) as the Director determines to be appropriate to obtain assessments of scientific and technical merit. Such procedures shall apply to such transactions in lieu of the peer review and advisory council review procedures that would otherwise be required under sections 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act.CommentsClose CommentsPermalink
SEC. 215. Funds which are available for Individual Learning Accounts for employees of the Centers for Disease Control and Prevention (‘CDC’) and the Agency for Toxic Substances and Disease Registry (‘ATSDR’) may be transferred to ‘Disease Control, Research, and Training’, to be available only for Individual Learning Accounts: Provided, That such funds may be used for any individual full-time equivalent employee while such employee is employed either by CDC or ATSDR.CommentsClose CommentsPermalink
SEC. 216. Notwithstanding any other provisions of law, funds made available in this Act may be used to continue operating the Council on Graduate Medical Education established by section 301 of
Sec. 217. The Director of the National Institutes of Health (‘NIH’) shall require in the current fiscal year and thereafter that all investigators funded by the NIH submit or have submitted for them to the National Library of Medicine’s PubMed Central an electronic version of their final, peer-reviewed manuscripts upon acceptance for publication, to be made publicly available no later than 12 months after the official date of publication: Provided, That the NIH shall implement the public access policy in a manner consistent with copyright law.CommentsClose CommentsPermalink
SEC. 218. Not to exceed $35,000,000 of funds appropriated by this Act to the institutes and centers of the National Institutes of Health may be used for alteration, repair, or improvement of facilities, as necessary for the proper and efficient conduct of the activities authorized herein, at not to exceed $2,500,000 per project.CommentsClose CommentsPermalink
(TRANSFER OF FUNDS)
SEC. 219. Of the amounts made available for the National Institutes of Health, 1 percent of the amount made available for National Research Service Awards (‘NRSA’) shall be made available to the Administrator of the Health Resources and Services Administration to make NRSA awards for research in primary medical care to individuals affiliated with entities who have received grants or contracts under section 747 of the Public Health Service Act, and 1 percent of the amount made available for NRSA shall be made available to the Director of the Agency for Healthcare Research and Quality to make NRSA awards for health service research.CommentsClose CommentsPermalink
Sec. 220. Section 223 of division G of the Consolidated Appropriations Act, 2008, is amended in its first proviso by striking ‘for’ the first time it appears and inserting ‘in’.CommentsClose CommentsPermalink
SEC. 221. (a) IN GENERAL- Section 1927(c)(1)(D) of the Social Security Act (42 U.S.C. Sec. 1396r-8(c)(1)(D)), as added by section 6001(d)(2) of the Deficit Reduction Act of 2005, is amended--CommentsClose CommentsPermalink
(1) in clause (i)--CommentsClose CommentsPermalink
(A) by redesignating subclause (IV) as subclause (VI); andCommentsClose CommentsPermalink
(B) by inserting after subclause (III) the following:CommentsClose CommentsPermalink
‘(IV) An entity that--CommentsClose CommentsPermalink
‘(aa) is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Act or is State-owned or operated; andCommentsClose CommentsPermalink
‘(bb) would be a covered entity described in section 340(B)(a)(4) of the Public Health Service Act insofar as the entity provides the same type of services to the same type of populations as a covered entity described in such section provides, but does not receive funding under a provision of law referred to in such section;CommentsClose CommentsPermalink
‘(V) A public or nonprofit entity, or an entity based at an institution of higher learning whose primary purpose is to provide health care services to students of that institution, that provides a service or services described under section 1001(a) of the Public Health Service Act,
.’.CommentsClose CommentsPermalink 42 U.S.C. 300 (2) by adding at the end the following new clause:CommentsClose CommentsPermalink
‘(iv) RULE OF CONSTRUCTION- Nothing in this subparagraph shall be construed to alter any existing statutory or regulatory prohibition on services with respect to an entity described in clause (i)(IV), including the prohibition set forth in section 1008 of the Public Health Service Act.’.CommentsClose CommentsPermalink
(b) EFFECTIVE DATE- The amendments made by this subsection shall take effect as if included in the amendment made by section 6001(d)(2) of the Deficit Reduction Act of 2005.CommentsClose CommentsPermalink
SEC. 222. Section 202 of
is hereby amended by substituting ‘4,000’ for ‘2,800’.CommentsClose CommentsPermalink Public Law 102-394 SEC. 223. Within 60 days of passage of this Act, the Secretary of the Department of Health and Human Services shall issue an Advanced Notice of Proposed Rulemaking to solicit public comment in advance of modifying regulations at 42 CFR Part 50 Subpart F for the purpose of strengthening Federal oversight and identifying enhancements of policies, including requirements for financial disclosure to institutions, governing financial conflicts of interest among extramural investigators receiving grant support from the National Institutes of Health.CommentsClose CommentsPermalink
SEC. 224. Hereafter, the activities authorized under section 399M of the Public Health Service Act shall be known as the ‘James T. Walsh Universal Newborn Hearing Screening Program.’CommentsClose CommentsPermalink
(RESCISSION OF FUNDS)
SEC. 225. Of the funds available for carrying out section 204 of the Ticket to Work and Work Incentives Improvement Act of 1999 (
SEC. 226. Section 1941(b)(1)(B) of the Social Security Act, as added by section 7002(b) of the Supplemental Appropriations Act, 2008, is amended by inserting ‘each of’ after ‘for’.CommentsClose CommentsPermalink
This title may be cited as the ‘Department of Health and Human Services Appropriations Act, 2009’.CommentsClose CommentsPermalink
TITLE III
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I of the Elementary and Secondary Education Act of 1965 (‘ESEA’) and section 418A of the Higher Education Act of 1965, $15,760,086,000, of which $4,739,881,000 shall become available on July 1, 2009, and shall remain available through September 30, 2010, and of which $10,841,176,000 shall become available on October 1, 2009, and shall remain available through September 30, 2010, for academic year 2009-2010: Provided, That $6,597,946,000 shall be for basic grants under section 1124 of the ESEA: Provided further, That up to $4,000,000 of these funds shall be available to the Secretary of Education on October 1, 2008, to obtain annually updated local educational-agency-level census poverty data from the Bureau of the Census: Provided further, That $1,365,031,000 shall be for concentration grants under section 1124A of the ESEA: Provided further, That $3,264,712,000 shall be for targeted grants under section 1125 of the ESEA: Provided further, That $3,264,712,000 shall be for education finance incentive grants under section 1125A of the ESEA: Provided further, That $9,167,000 shall be to carry out sections 1501 and 1503 of the ESEA.CommentsClose CommentsPermalink
Impact Aid
For carrying out programs of financial assistance to federally affected schools authorized by title VIII of the Elementary and Secondary Education Act of 1965, $1,265,718,000, of which $1,128,535,000 shall be for basic support payments under section 8003(b), $48,602,000 shall be for payments for children with disabilities under section 8003(d), $17,509,000 shall be for construction under section 8007(b) and shall remain available through September 30, 2010, $66,208,000 shall be for Federal property payments under section 8002, and $4,864,000, to remain available until expended, shall be for facilities maintenance under section 8008: Provided, That for purposes of computing the amount of a payment for an eligible local educational agency under section 8003(a) for school year 2008-2009, children enrolled in a school of such agency that would otherwise be eligible for payment under section 8003(a)(1)(B) of such Act, but due to the deployment of both parents or legal guardians, or a parent or legal guardian having sole custody of such children, or due to the death of a military parent or legal guardian while on active duty (so long as such children reside on Federal property as described in section 8003(a)(1)(B)), are no longer eligible under such section, shall be considered as eligible students under such section, provided such students remain in average daily attendance at a school in the same local educational agency they attended prior to their change in eligibility status.CommentsClose CommentsPermalink
School Improvement Programs
For carrying out school improvement activities authorized by parts A, B, and D of title II, part B of title IV, subparts 6 and 9 of part D of title V, parts A and B of title VI, and parts B and C of title VII of the Elementary and Secondary Education Act of 1965 (‘ESEA’); the McKinney-Vento Homeless Assistance Act; section 203 of the Educational Technical Assistance Act of 2002; the Compact of Free Association Amendments Act of 2003; and the Civil Rights Act of 1964, $5,362,016,000, of which $3,495,865,000 shall become available on July 1, 2009, and remain available through September 30, 2010, and of which $1,681,441,000 shall become available on October 1, 2009, and shall remain available through September 30, 2010, for academic year 2009-2010: Provided, That of the funds available for section 2103(a) of the ESEA, $5,000,000 shall be available for a school leadership partnership initiative and up to $7,500,000 shall be available for teacher and principal quality national activities administered by the Secretary of Education, as specified in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided further, That funds made available to carry out part B of title VII of the ESEA may be used for construction, renovation and modernization of any elementary school, secondary school, or structure related to an elementary school or secondary school, run by the Department of Education of the State of Hawaii, that serves a predominantly Native Hawaiian student body: Provided further, That from the funds referred to in the preceding proviso, not less than $1,500,000 shall be for a grant to the Department of Education of the State of Hawaii for the activities described in such proviso, and $1,500,000 shall be for a grant to the University of Hawaii School of Law for a Center of Excellence in Native Hawaiian law: Provided further, That funds made available to carry out part C of title VII of the ESEA may be used for construction: Provided further, That up to 100 percent of the funds available to a State educational agency under part D of title II of the ESEA may be used for subgrants described in section 2412(a)(2)(B) of such Act: Provided further, That $57,113,000 shall be available to carry out section 203 of the Educational Technical Assistance Act of 2002: Provided further, That $33,791,000 shall be available to carry out part D of title V of the ESEA: Provided further, That no funds appropriated under this heading may be used to carry out section 5494 under the ESEA: Provided further, That $17,687,000 shall be available to carry out the Supplemental Education Grants program for the Federated States of Micronesia and the Republic of the Marshall Islands: Provided further, That up to 5 percent of these amounts may be reserved by the Federated States of Micronesia and the Republic of the Marshall Islands to administer the Supplemental Education Grants programs and to obtain technical assistance, oversight and consultancy services in the administration of these grants and to reimburse the United States Departments of Labor, Health and Human Services, and Education for such services: Provided further, That $7,360,000 of the funds available for the Foreign Language Assistance Program shall be available for 5-year grants to local educational agencies that would work in partnership with one or more institutions of higher education to establish or expand articulated programs of study in languages critical to United States national security that will enable successful students to advance from elementary school through college to achieve a superior level of proficiency in those languages.CommentsClose CommentsPermalink
Indian Education
For expenses necessary to carry out, to the extent not otherwise provided, title VII, part A of the Elementary and Secondary Education Act of 1965, $122,282,000.CommentsClose CommentsPermalink
Innovation and Improvement
For carrying out activities authorized by part G of title I, subpart 5 of part A and parts C and D of title II, parts B, C, and D of title V, and section 1504 of the Elementary and Secondary Education Act of 1965, $996,425,000: Provided, That $10,649,000 shall be provided to the National Board for Professional Teaching Standards to carry out section 2151(c), including $1,000,000 to develop a National Board certification for principals of elementary and secondary schools: Provided further, That from funds for subpart 4, part C of title II, up to 3 percent shall be available to the Secretary of Education for technical assistance and dissemination of information: Provided further, That $347,640,000 shall be available to carry out part D of title V: Provided further, That $88,015,000 shall be used for the projects, and in the amounts, specified under the heading ‘Innovation and Improvement’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided further, That $97,270,000 of the funds for subpart 1 shall be for competitive grants to local educational agencies, including charter schools that are local educational agencies, or States, or partnerships of: (1) a local educational agency, a State, or both; and (2) at least one non-profit organization to develop and implement performance-based teacher and principal compensation systems in high-need schools: Provided further, That such performance-based compensation systems must consider gains in student academic achievement as well as classroom evaluations conducted multiple times during each school year among other factors and provide educators with incentives to take on additional responsibilities and leadership roles: Provided further, That up to 5 percent of such funds for competitive grants shall be available for technical assistance, training, peer review of applications, program outreach and evaluation activities: Provided further, That of the funds available for part B of title V, the Secretary shall use up to $21,031,000 to carry out activities under section 5205(b) and under subpart 2, and shall use not less than $195,000,000 to carry out other activities authorized under subpart 1.CommentsClose CommentsPermalink
Safe Schools and Citizenship Education
For carrying out activities authorized by subpart 3 of part C of title II, part A of title IV, and subparts 2, 3 and 10 of part D of title V of the Elementary and Secondary Education Act of 1965, $690,370,000, of which $294,759,000 shall become available on July 1, 2009, and remain available through September 30, 2010: Provided, That $294,759,000 shall be available for subpart 1 of part A of title IV and $220,240,000 shall be available for subpart 2 of part A of title IV: Provided further, That $141,912,000 shall be available to carry out part D of title V: Provided further, That of the funds available to carry out subpart 3 of part C of title II, up to $13,383,000 may be used to carry out section 2345 and $2,957,000 shall be used by the Center for Civic Education to implement a comprehensive program to improve public knowledge, understanding, and support of the Congress and the State legislatures.CommentsClose CommentsPermalink
English Language Acquisition
For carrying out part A of title III of the Elementary and Secondary Education Act of 1965, $730,000,000, which shall become available on July 1, 2009, and shall remain available through September 30, 2010, except that 6.5 percent of such amount shall be available on October 1, 2008, and shall remain available through September 30, 2010, to carry out activities under section 3111(c)(1)(C): Provided, That the Secretary of Education shall use the American Community Survey child counts to calculate State allocations under such part but, for any State that would otherwise receive greater than a 10-percent reduction from its previous year’s allocation, the Secretary shall carry out such calculation using the average of the American Community Survey child counts for the 3 most recent years.CommentsClose CommentsPermalink
Special Education
For carrying out the Individuals with Disabilities Education Act (‘IDEA’) and the Special Olympics Sport and Empowerment Act of 2004, $12,579,677,000, of which $3,726,354,000 shall become available on July 1, 2009, and shall remain available through September 30, 2010, and of which $8,592,383,000 shall become available on October 1, 2009, and shall remain available through September 30, 2010, for academic year 2009-2010: Provided, That $13,250,000 shall be for Recording for the Blind and Dyslexic, Inc., to support the development, production, and circulation of recorded educational materials: Provided further, That $737,000 shall be for the recipient of funds provided by
Rehabilitation Services and Disability Research
For carrying out, to the extent not otherwise provided, the Rehabilitation Act of 1973, the Assistive Technology Act of 1998, and the Helen Keller National Center Act, $3,387,762,000: Provided, That $3,088,000 shall be used for the projects, and in the amounts, specified under the heading ‘Rehabilitation Services and Disability Research’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).CommentsClose CommentsPermalink
Special Institutions for Persons With Disabilities
AMERICAN PRINTING HOUSE FOR THE BLIND
For carrying out the Act of March 3, 1879, $22,599,000.CommentsClose CommentsPermalink
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF
For the National Technical Institute for the Deaf under titles I and II of the Education of the Deaf Act of 1986, $64,212,000, of which $1,175,000 shall be for construction and shall remain available until expended: Provided, That from the total amount available, the Institute may at its discretion use funds for the endowment program as authorized under section 207 of such Act.CommentsClose CommentsPermalink
GALLAUDET UNIVERSITY
For the Kendall Demonstration Elementary School, the Model Secondary School for the Deaf, and the partial support of Gallaudet University under titles I and II of the Education of the Deaf Act of 1986, $124,000,000, of which $6,000,000 shall be for construction and shall remain available until expended: Provided, That from the total amount available, the University may at its discretion use funds for the endowment program as authorized under section 207 of such Act.CommentsClose CommentsPermalink
Career, Technical, and Adult Education
For carrying out, to the extent not otherwise provided, the Carl D. Perkins Career and Technical Education Act of 2006, the Adult Education and Family Literacy Act, subpart 4 of part D of title V of the Elementary and Secondary Education Act of 1965 (‘ESEA’) and title VIII-D of the Higher Education Amendments of 1998, $1,944,348,000, of which $4,400,000 shall become available on October 1, 2008 and remain available until September 30, 2010, of which $1,148,948,000 shall become available on July 1, 2009, and shall remain available through September 30, 2010, and of which $791,000,000 shall become available on October 1, 2009, and shall remain available through September 30, 2010: Provided, That of the amount provided for Adult Education State Grants, $67,896,000 shall be made available for integrated English literacy and civics education services to immigrants and other limited English proficient populations: Provided further, That of the amount reserved for integrated English literacy and civics education, notwithstanding section 211 of the Adult Education and Family Literacy Act, 65 percent shall be allocated to States based on a State’s absolute need as determined by calculating each State’s share of a 10-year average of the United States Citizenship and Immigration Services data for immigrants admitted for legal permanent residence for the 10 most recent years, and 35 percent allocated to States that experienced growth as measured by the average of the 3 most recent years for which United States Citizenship and Immigration Services data for immigrants admitted for legal permanent residence are available, except that no State shall be allocated an amount less than $60,000: Provided further, That of the amounts made available for the Adult Education and Family Literacy Act, $6,878,000 shall be for national leadership activities under section 243 and $6,468,000 shall be for the National Institute for Literacy under section 242: Provided further, That $88,000,000 shall be available to support the activities authorized under subpart 4 of part D of title V of the ESEA, of which up to 5 percent shall become available October 1, 2008, and shall remain available through September 30, 2010, for evaluation, technical assistance, school networks, peer review of applications, and program outreach activities, and of which not less than 95 percent shall become available on July 1, 2009, and remain available through September 30, 2010, for grants to local educational agencies: Provided further, That funds made available to local educational agencies under this subpart shall be used only for activities related to establishing smaller learning communities within large high schools or small high schools that provide alternatives for students enrolled in large high schools.CommentsClose CommentsPermalink
Student Financial Assistance
(INCLUDING DEFERRAL OF FUNDS)
For carrying out subparts 1, 3, and 4 of part A, part C and part E of title IV of the Higher Education Act of 1965, $19,156,973,000, which shall remain available through September 30, 2010.CommentsClose CommentsPermalink
The maximum Pell Grant for which a student shall be eligible during award year 2009-2010 shall be $4,860.CommentsClose CommentsPermalink
Of the funds made available under section 401A(e)(1)(D) of the Higher Education Act of 1965, $887,000,000 shall not be available until October 1, 2009.CommentsClose CommentsPermalink
Student Aid Administration
For Federal administrative expenses to carry out part D of title I, and subparts 1, 3, and 4 of part A, and parts B, C, D, and E of title IV of the Higher Education Act of 1965, $753,402,000, which shall remain available until expended.CommentsClose CommentsPermalink
Higher Education
For carrying out, to the extent not otherwise provided, titles II, III, IV, V, VI, and VII of the Higher Education Act of 1965 (‘HEA’), section 1543 of the Higher Education Amendments of 1992, the Mutual Educational and Cultural Exchange Act of 1961, title VIII of the Higher Education Amendments of 1998, part I of subtitle A of title VI of the America COMPETES Act, section 515 of the Federal Mine Safety and Health Act of 1977, and section 117 of the Carl D. Perkins Career and Technical Education Act of 2006, $2,100,150,000: Provided, That $9,687,000, to remain available through September 30, 2010, shall be available to fund fellowships for academic year 2010-2011 under subpart 1 of part A of title VII of the HEA, under the terms and conditions of such subpart 1: Provided further, That $609,000 shall be for data collection and evaluation activities for programs under the HEA, including such activities needed to comply with the Government Performance and Results Act of 1993: Provided further, That notwithstanding any other provision of law, funds made available in this Act to carry out title VI of the HEA and section 102(b)(6) of the Mutual Educational and Cultural Exchange Act of 1961 may be used to support visits and study in foreign countries by individuals who are participating in advanced foreign language training and international studies in areas that are vital to United States national security and who plan to apply their language skills and knowledge of these countries in the fields of government, the professions, or international development: Provided further, That of the funds referred to in the preceding proviso up to 1 percent may be used for program evaluation, national outreach, and information dissemination activities: Provided further, That up to $6,556,000 shall be available to continue funding for recipients of multi-year awards under section 204 of the HEA, as that Act was in effect prior to the date of enactment of the Higher Education Opportunity Act (‘HEOA’), in accordance with the terms of their awards: Provided further, That notwithstanding any other provision of law, funds available under section 371 of the HEA for Tribal Colleges and Universities may be used for construction grants, including such funds to recipients of continuation grants for multi-year awards that were made in fiscal year 2008 under section 316 of the HEA, as that Act was in effect prior to the date of enactment of the HEOA, in accordance with the terms of such multi-year awards: Provided further, That notwithstanding any other provision of law, a recipient of a multi-year award under section 316 of the HEA, as that section was in effect prior to the date of enactment of the HEOA, that would have otherwise received a continuation award for fiscal year 2009 under that section, shall receive under section 316, as amended by the HEOA, not less than the amount that such recipient would have received under such a continuation award: Provided further, That the portion of the funds received under section 316 by a recipient described in the preceding proviso that is equal to the amount of such continuation award shall be used in accordance with the terms of such continuation award: Provided further, That $1,000,000, to remain available until expended, shall be available to carry out a scholarship program for the purpose of increasing the skilled workforce for industrial health and safety occupations, including mine safety: Provided further, That the Secretary of Education shall identify these scholarships as ‘Erma Byrd Scholarships’: Provided further, That such scholarships shall be awarded without regard to an applicant’s prior work experience, but the Secretary shall, notwithstanding section 437 of the General Education Provisions Act and
Howard University
For partial support of Howard University, $234,977,000, of which not less than $3,464,000 shall be for a matching endowment grant pursuant to the Howard University Endowment Act and shall remain available until expended.CommentsClose CommentsPermalink
College Housing and Academic Facilities Loans Program
For Federal administrative expenses to carry out activities related to existing facility loans pursuant to section 121 of the Higher Education Act of 1965, $461,000.CommentsClose CommentsPermalink
Historically Black College and University Capital Financing Program Account
Notwithstanding the limitations contained in section 344(a) of the Higher Education Act of 1965 (‘HEA’), the aggregate principal amount of outstanding bonds insured under the Historically Black College and University Capital Financing Program is authorized to equal but not exceed $725,000,000, which may be used for loans to public and private historically black colleges and universities without regard to paragraphs (1) and (2) of section 344(a).CommentsClose CommentsPermalink
For the cost of guaranteed loans, $10,000,000, as authorized pursuant to Part D of title III of the HEA: 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 these funds are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed $100,000,000. In addition, for administrative expenses to carry out the Historically Black College and University Capital Financing Program entered into pursuant to part D of title III of the HEA, $354,000.CommentsClose CommentsPermalink
Institute of Education Sciences
For carrying out activities authorized by the Education Sciences Reform Act of 2002, the National Assessment of Educational Progress Authorization Act, section 208 of the Educational Technical Assistance Act of 2002, and section 664 of the Individuals with Disabilities Education Act, $617,175,000, of which $312,241,000 shall be available until September 30, 2010: Provided, That funds available to carry out section 208 of the Educational Technical Assistance Act may be used for Statewide data systems that include postsecondary and workforce information: Provided further, That up to $5,000,000 of the funds available to carry out section 208 of the Educational Technical Assistance Act may be used for State data coordinators and for awards to public or private organizations or agencies to improve data coordination.CommentsClose CommentsPermalink
Departmental Management
PROGRAM ADMINISTRATION
For carrying out, to the extent not otherwise provided, the Department of Education Organization Act, including rental of conference rooms in the District of Columbia and hire of three passenger motor vehicles, $433,482,000, of which $5,400,000, to remain available until expended, shall be for relocation of, and renovation of buildings occupied by, Department staff.CommentsClose CommentsPermalink
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights, as authorized by section 203 of the Department of Education Organization Act, $96,826,000.CommentsClose CommentsPermalink
OFFICE OF THE INSPECTOR GENERAL
For expenses necessary for the Office of the Inspector General, as authorized by section 212 of the Department of Education Organization Act, $54,539,000.CommentsClose CommentsPermalink
General Provisions
SEC. 301. No funds appropriated in this Act may be used for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to overcome racial imbalance in any school or school system, or for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to carry out a plan of racial desegregation of any school or school system.CommentsClose CommentsPermalink
SEC. 302. None of the funds contained in this Act shall be used to require, directly or indirectly, the transportation of any student to a school other than the school which is nearest the student’s home, except for a student requiring special education, to the school offering such special education, in order to comply with title VI of the Civil Rights Act of 1964. For the purpose of this section an indirect requirement of transportation of students includes the transportation of students to carry out a plan involving the reorganization of the grade structure of schools, the pairing of schools, or the clustering of schools, or any combination of grade restructuring, pairing or clustering. The prohibition described in this section does not include the establishment of magnet schools.CommentsClose CommentsPermalink
SEC. 303. No funds appropriated in this Act may be used to prevent the implementation of programs of voluntary prayer and meditation in the public schools.CommentsClose CommentsPermalink
(TRANSFER OF FUNDS)
SEC. 304. Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985) which are appropriated for the Department of Education in this Act may be transferred between appropriations, but no such appropriation shall be increased by more than 3 percent by any such transfer: Provided, That the transfer authority granted by this section shall be available only to meet emergency needs and shall not be used to create any new program or to fund any project or activity for which no funds are provided in this Act: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer.CommentsClose CommentsPermalink
SEC. 305. The signature pages submitted by Heart Butte School District in Pondera County, Montana, as part of its application for Impact Aid under title VIII of the Elementary and Secondary Education Act of 1965, shall be considered to have been timely and complete for purposes of receiving funding under such program for fiscal year 2009.CommentsClose CommentsPermalink
SEC. 306. The Outlying Areas may consolidate funds received under this Act as well as any remaining funds received under the Department of Education Appropriations Act, 2008, pursuant to
This title may be cited as the ‘Department of Education Appropriations Act, 2009’.CommentsClose CommentsPermalink
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
SALARIES AND EXPENSES
For expenses necessary for the Committee for Purchase From People Who Are Blind or Severely Disabled established by
Corporation for National and Community Service
operating expenses
For necessary expenses for the Corporation for National and Community Service to carry out the Domestic Volunteer Service Act of 1973 (‘1973 Act’) and the National and Community Service Act of 1990 (‘1990 Act’), $680,564,000, of which $309,835,000 shall be to carry out the 1973 Act and $370,729,000 shall be to carry out the 1990 Act: Provided, That $27,500,000 of the amount provided under this heading shall be available to carry out subtitle E of the 1990 Act at five campuses throughout the United States: Provided further, That up to 1 percent of program grant funds may be used to defray the costs of conducting grant application reviews, including the use of outside peer reviewers and electronic management of the grants cycle: Provided further, That none of the funds made available under this heading for activities authorized by section 122 and part E of title II of the 1973 Act shall be used to provide stipends or other monetary incentives to program participants or volunteer leaders whose incomes exceed the income guidelines in subsections 211(e) and 213(b) of the 1973 Act: Provided further, That notwithstanding subtitle H of title I of the 1990 Act, none of the funds provided for quality and innovation activities shall be used to support salaries and related expenses (including travel) attributable to Corporation for National and Community Service employees: Provided further, That of the amounts provided under this heading: (1) not more than $55,000,000 of grants made under subtitle C of the 1990 Act may be used to administer, reimburse, or support any national service program authorized under section 129(d)(2) of the 1990 Act; and (2) $11,790,000 shall be to provide assistance to State commissions on national and community service, under section 126(a) of the 1990 Act and notwithstanding section 501(a)(4) of the 1990 Act.CommentsClose CommentsPermalink
national service trust
(including transfer of funds)
For necessary expenses for the National Service Trust established under subtitle D of title I of the National and Community Service Act of 1990 (‘1990 Act’), $131,075,000, to remain available until expended: Provided, That the Corporation for National and Community Service may transfer additional funds from the amount provided within ‘Operating Expenses’ for grants made under subtitle C of the 1990 Act to this appropriation upon determination that such transfer is necessary to support the activities of national service participants and after notice is transmitted to the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That amounts appropriated for or transferred to the National Service Trust may be invested under section 145(b) of the 1990 Act without regard to the requirement to apportion funds under
SALARIES AND EXPENSES
For necessary expenses of administration as provided under section 501(a)(4) of the National and Community Service Act of 1990 and under section 504(a) of the Domestic Volunteer Service Act of 1973, including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms in the District of Columbia, the employment of experts and consultants authorized under
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, $6,512,000.CommentsClose CommentsPermalink
ADMINISTRATIVE PROVISIONS
SEC. 401. Notwithstanding any other provision of law, the term ‘qualified student loan’ with respect to national service education awards shall mean any loan determined by an institution of higher education to be necessary to cover a student’s cost of attendance at such institution and made, insured, or guaranteed directly to a student by a State agency, in addition to other meanings under section 148(b)(7) of the National and Community Service Act of 1990.CommentsClose CommentsPermalink
SEC. 402. Notwithstanding any other provision of law, funds made available under section 129(d)(5)(B) of the National and Community Service Act of 1990 (‘1990 Act’) to assist entities in placing applicants who are individuals with disabilities may be provided to any entity that receives a grant under section 121 of the 1990 Act.CommentsClose CommentsPermalink
Sec. 403. The Corporation for National and Community Service (‘the Corporation’) shall make any significant changes to program requirements, service delivery or policy only through public notice and comment rulemaking. For fiscal year 2009, during any grant selection process, an officer or employee of the Corporation shall not knowingly disclose any covered grant selection information regarding such selection, directly or indirectly, to any person other than an officer or employee of the Corporation that is authorized by the Corporation to receive such information.CommentsClose CommentsPermalink
Sec. 404. Professional Corps programs described in section 122(a)(8) of the National and Community Service Act of 1990 may apply to the Corporation for National and Community Service for a waiver of application of section 140(c)(2).CommentsClose CommentsPermalink
SEC. 405. Notwithstanding
SEC. 406. Organizations operating projects under the AmeriCorps Education Awards Program shall do so without regard to the requirements of sections 121(d) and (e), 131(e), 132, and 140(a), (d), and (e) of the National and Community Service Act of 1990.CommentsClose CommentsPermalink
SEC. 407. AmeriCorps programs receiving grants under the National Service Trust program shall meet an overall minimum share requirement of 24 percent for the first three years that they receive AmeriCorps funding, and thereafter shall meet the overall minimum share requirement as provided in section 2521.60 of title 45, Code of Federal Regulations, without regard to the operating costs match requirement in section 121(e) or the member support Federal share limitations in section 140 of the National and Community Service Act of 1990, and subject to partial waiver consistent with section 2521.70 of title 45, Code of Federal Regulations.CommentsClose CommentsPermalink
SEC. 408. Notwithstanding any other provision of law, formula-based grants to States and territories under section 129(a)(1)-(2) of the National and Community Service Act of 1990 to operate AmeriCorps programs may be made if the application describes proposed positions into which participants will be placed, the proposed minimum qualifications of such participants, and includes an assurance that the State will select national service programs for subgrants on a competitive basis, and an assurance that the aforementioned information will be provided for each subgrant awarded prior to the execution of such subgrants.CommentsClose CommentsPermalink
(TRANSFER OF FUNDS)
Sec. 409. For fiscal year 2009 and thereafter, in addition to amounts otherwise provided to the National Service Trust, at no later than the end of the fifth fiscal year after the fiscal year for which funds are appropriated or otherwise made available, unobligated balances of appropriations available for grants under the National Service Trust Program under subtitle C of title I of the 1990 Act during such fiscal year may be transferred to the National Service Trust after notice is transmitted to the Committees on Appropriations of the House of Representatives and the Senate, if such funds are initially obligated before the expiration of their period of availability.CommentsClose CommentsPermalink
SEC. 410. Of the amounts provided in this Act which the Corporation for National and Community Service (‘the Corporation’) allocates for the provision of assistance under subsections 129(a) and (b) of the National and Community Service Act of 1990 (‘1990 Act’), the Corporation shall apply the formula in section 129(a)(1) of the 1990 Act in such a manner so as to ensure that each State shall receive a minimum of $500,000: Provided, That, in no event shall the total amount allotted under section 129(a)(1) exceed 33 1/3 percent of the funds allocated by the Corporation for the provision of assistance under subsections 129(a) and (b) of the 1990 Act.CommentsClose CommentsPermalink
SEC. 411. Notwithstanding section 139(b) of the National and Community Service Act of 1990 (‘1990 Act’), an individual in an approved national service position performing full-time or part-time national service directly related to disaster relief efforts may continue in that term of service for a period of 6 months beyond the periods otherwise specified in sections 139(b) and 153(e) of the 1990 Act or section 104 of the Domestic Volunteer Service Act of 1973. Service in an extended term as provided under this section shall constitute a single term of service for purposes of sections 146(b) and (c) of the 1990 Act.CommentsClose CommentsPermalink
SEC. 412. Donations made to the Corporation for National and Community Service (‘the Corporation’) under section 196 of the National and Community Service Act of 1990 (‘1990 Act’) for the purposes of financing programs and operations under titles I and II of the 1973 Act or subtitles B, C, D, or E of title I of the 1990 Act shall be used to supplement and not supplant current programs and operations.CommentsClose CommentsPermalink
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting (‘Corporation’), as authorized by the Communications Act of 1934, an amount which shall be available within limitations specified by that Act, for the fiscal year 2011, $430,000,000: Provided, That no funds made available to the Corporation by this Act shall be used to pay for receptions, parties, or similar forms of entertainment for Government officials or employees: Provided further, That none of the funds contained in this paragraph shall be available or used to aid or support any program or activity from which any person is excluded, or is denied benefits, or is discriminated against, on the basis of race, color, national origin, religion, or sex: Provided further, That no funds made available to the Corporation by this Act shall be used to apply any political test or qualification in selecting, appointing, promoting, or taking any other personnel action with respect to officers, agents, and employees of the Corporation: Provided further, That for fiscal year 2009, in addition to the amounts provided above, $34,591,000 shall be for costs related to digital program production, development, and distribution, associated with the transition of public broadcasting to digital broadcasting, to be awarded as determined by the Corporation in consultation with public radio and television licensees or permittees, or their designated representatives: Provided further, That for fiscal year 2009, in addition to the amounts provided above, $26,642,000 is available pursuant to section 396(k)(10) of the Communications Act of 1934 for replacement and upgrade of the public radio interconnection system: Provided further, That none of the funds made available to the Corporation by this Act, division G of the Consolidated Appropriations Act, 2008, or the Continuing Appropriations Resolution, 2007, shall be used to support the Television Future Fund or any similar purpose.CommentsClose CommentsPermalink
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and Conciliation Service (‘Service’) to carry out the functions vested in it by the Labor Management Relations Act, 1947, including hire of passenger motor vehicles; for expenses necessary for the Labor-Management Cooperation Act of 1978; and for expenses necessary for the Service to carry out the functions vested in it by the Civil Service Reform Act, $45,476,000: Provided, That notwithstanding
Federal Mine Safety and Health Review Commission
SALARIES AND EXPENSES
For expenses necessary for the Federal Mine Safety and Health Review Commission, $8,653,000.CommentsClose CommentsPermalink
Institute of Museum and Library Services
office of museum and library services: grants and administration
For carrying out the Museum and Library Services Act of 1996 and the National Museum of African American History and Culture Act, $274,840,000, of which $10,737,000 shall be used for the projects, and in the amounts, specified under the heading ‘Office of Museum and Library Services: Grants and Administration’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, That funds may be made available for support through inter-agency agreement or grant to commemorative Federal commissions that support museum and library activities, in partnership with libraries and museums that are eligible for funding under programs carried out by the Institute of Museum and Library Services.CommentsClose CommentsPermalink
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the Social Security Act, $11,403,000, to be transferred to this appropriation from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund.CommentsClose CommentsPermalink
National Council on Disability
SALARIES AND EXPENSES
For expenses necessary for the National Council on Disability as authorized by title IV of the Rehabilitation Act of 1973, $3,206,000.CommentsClose CommentsPermalink
National Labor Relations Board
SALARIES AND EXPENSES
For expenses necessary for the National Labor Relations Board to carry out the functions vested in it by the Labor-Management Relations Act, 1947, and other laws, $262,595,000: Provided, That no part of this appropriation shall be available to organize or assist in organizing agricultural laborers or used in connection with investigations, hearings, directives, or orders concerning bargaining units composed of agricultural laborers as referred to in section 2(3) of the Act of July 5, 1935, and as amended by the Labor-Management Relations Act, 1947, and as defined in section 3(f) of the Act of June 25, 1938, and including in said definition employees engaged in the maintenance and operation of ditches, canals, reservoirs, and waterways when maintained or operated on a mutual, nonprofit basis and at least 95 percent of the water stored or supplied thereby is used for farming purposes.CommentsClose CommentsPermalink
National Mediation Board
SALARIES AND EXPENSES
For expenses necessary to carry out the provisions of the Railway Labor Act, including emergency boards appointed by the President, $12,992,000.CommentsClose CommentsPermalink
Occupational Safety and Health Review Commission
SALARIES AND EXPENSES
For expenses necessary for the Occupational Safety and Health Review Commission, $11,186,000.CommentsClose CommentsPermalink
Railroad Retirement Board
DUAL BENEFITS PAYMENTS ACCOUNT
For payment to the Dual Benefits Payments Account, authorized under section 15(d) of the Railroad Retirement Act of 1974, $72,000,000, which shall include amounts becoming available in fiscal year 2009 pursuant to section 224(c)(1)(B) of
FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS
For payment to the accounts established in the Treasury for the payment of benefits under the Railroad Retirement Act for interest earned on unnegotiated checks, $150,000, to remain available through September 30, 2010, which shall be the maximum amount available for payment pursuant to section 417 of
LIMITATION ON ADMINISTRATION
For necessary expenses for the Railroad Retirement Board (‘Board’) for administration of the Railroad Retirement Act and the Railroad Unemployment Insurance Act, $105,463,000, to be derived in such amounts as determined by the Board from the railroad retirement accounts and from moneys credited to the railroad unemployment insurance administration fund.CommentsClose CommentsPermalink
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General (‘Office’) for audit, investigatory and review activities, as authorized by the Inspector General Act of 1978, not more than $7,806,000, to be derived from the railroad retirement accounts and railroad unemployment insurance account: Provided, That none of the funds made available in any other paragraph of this Act may be transferred to the Office; used to carry out any such transfer; used to provide any office space, equipment, office supplies, communications facilities or services, maintenance services, or administrative services for the Office; used to pay any salary, benefit, or award for any personnel of the Office; used to pay any other operating expense of the Office; or used to reimburse the Office for any service provided, or expense incurred, by the Office, except as permitted pursuant to the last proviso under this heading in division G of the Consolidated Appropriations Act, 2008.CommentsClose CommentsPermalink
Social Security Administration
PAYMENTS TO SOCIAL SECURITY TRUST FUNDS
For payment to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, as provided under sections 201(m), 228(g), and 1131(b)(2) of the Social Security Act, $20,406,000.CommentsClose CommentsPermalink
SUPPLEMENTAL SECURITY INCOME PROGRAM
For carrying out titles XI and XVI of the Social Security Act, section 401 of
For making, after June 15 of the current fiscal year, benefit payments to individuals under title XVI of the Social Security Act, for unanticipated costs incurred for the current fiscal year, such sums as may be necessary.CommentsClose CommentsPermalink
For making benefit payments under title XVI of the Social Security Act for the first quarter of fiscal year 2010, $15,400,000,000, to remain available until expended.CommentsClose CommentsPermalink
LIMITATION ON ADMINISTRATIVE EXPENSES
For necessary expenses, including the hire of two passenger motor vehicles, and not to exceed $15,000 for official reception and representation expenses, not more than $10,067,500,000 may be expended, as authorized by section 201(g)(1) of the Social Security Act, from any one or all of the trust funds referred to therein: Provided, That not less than $2,000,000 shall be for the Social Security Advisory Board: Provided further, That unobligated balances of funds provided under this paragraph at the end of fiscal year 2009 not needed for fiscal year 2009 shall remain available until expended to invest in the Social Security Administration information technology and telecommunications hardware and software infrastructure, including related equipment and non-payroll administrative expenses associated solely with this information technology and telecommunications infrastructure: Provided further, That reimbursement to the trust funds under this heading for expenditures for official time for employees of the Social Security Administration pursuant to
From funds provided under the first paragraph, not less than $264,000,000 shall be available for the cost associated with conducting continuing disability reviews under titles II and XVI of the Social Security Act and for the cost associated with conducting redeterminations of eligibility under title XVI of the Social Security Act.CommentsClose CommentsPermalink
In addition to the amounts made available above, and subject to the same terms and conditions, $240,000,000, for additional continuing disability reviews and redeterminations of eligibility: Provided, That the Commissioner shall provide to the Congress (at the conclusion of the fiscal year) a report on the obligation and expenditure of these additional amounts, similar to the reports that were required by section 103(d)(2) of
In addition, $145,000,000 to be derived from administration fees in excess of $5.00 per supplementary payment collected pursuant to section 1616(d) of the Social Security Act or section 212(b)(3) of
In addition, up to $1,000,000 to be derived from fees collected pursuant to section 303(c) of the Social Security Protection Act, which shall remain available until expended.CommentsClose CommentsPermalink
office of inspector general
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $28,000,000, together with not to exceed $70,127,000, to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund.CommentsClose CommentsPermalink
In addition, an amount not to exceed 3 percent of the total provided in this appropriation may be transferred from the ‘Limitation on Administrative Expenses’, Social Security Administration, to be merged with this account, to be available for the time and purposes for which this account is available: Provided, That notice of such transfers shall be transmitted promptly to the Committees on Appropriations of the House of Representatives and the Senate.CommentsClose CommentsPermalink
TITLE V
GENERAL PROVISIONS
SEC. 501. The Secretaries of Labor, Health and Human Services, and Education are authorized to transfer unexpended balances of prior appropriations to accounts corresponding to current appropriations provided in this Act. Such transferred balances shall be used for the same purpose, and for the same periods of time, for which they were originally appropriated.CommentsClose CommentsPermalink
SEC. 502. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.CommentsClose CommentsPermalink
SEC. 503. (a) No part of any appropriation contained in this Act shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the Congress or any State legislature, except in presentation to the Congress or any State legislature itself.CommentsClose CommentsPermalink
(b) No part of any appropriation contained in this Act shall be used to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence legislation or appropriations pending before the Congress or any State legislature.CommentsClose CommentsPermalink
SEC. 504. The Secretaries of Labor and Education are authorized to make available not to exceed $28,000 and $20,000, respectively, from funds available for salaries and expenses under titles I and III, respectively, for official reception and representation expenses; the Director of the Federal Mediation and Conciliation Service is authorized to make available for official reception and representation expenses not to exceed $5,000 from the funds available for ‘Federal Mediation and Conciliation Service, Salaries and expenses’; and the Chairman of the National Mediation Board is authorized to make available for official reception and representation expenses not to exceed $5,000 from funds available for ‘National Mediation Board, Salaries and expenses’.CommentsClose CommentsPermalink
SEC. 505. Notwithstanding any other provision of this Act, no funds appropriated in this Act shall be used to carry out any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug.CommentsClose CommentsPermalink
SEC. 506. When issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money, all grantees receiving Federal funds included in this Act, including but not limited to State and local governments and recipients of Federal research grants, shall clearly state--CommentsClose CommentsPermalink
(1) the percentage of the total costs of the program or project which will be financed with Federal money;CommentsClose CommentsPermalink
(2) the dollar amount of Federal funds for the project or program; andCommentsClose CommentsPermalink
(3) percentage and dollar amount of the total costs of the project or program that will be financed by non-governmental sources.CommentsClose CommentsPermalink
SEC. 507. (a) None of the funds appropriated in this Act, and none of the funds in any trust fund to which funds are appropriated in this Act, shall be expended for any abortion.CommentsClose CommentsPermalink
(b) None of the funds appropriated in this Act, and none of the funds in any trust fund to which funds are appropriated in this Act, shall be expended for health benefits coverage that includes coverage of abortion.CommentsClose CommentsPermalink
(c) The term ‘health benefits coverage’ means the package of services covered by a managed care provider or organization pursuant to a contract or other arrangement.CommentsClose CommentsPermalink
SEC. 508. (a) The limitations established in the preceding section shall not apply to an abortion--CommentsClose CommentsPermalink
(1) if the pregnancy is the result of an act of rape or incest; orCommentsClose CommentsPermalink
(2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed.CommentsClose CommentsPermalink
(b) Nothing in the preceding section shall be construed as prohibiting the expenditure by a State, locality, entity, or private person of State, local, or private funds (other than a State’s or locality’s contribution of Medicaid matching funds).CommentsClose CommentsPermalink
(c) Nothing in the preceding section shall be construed as restricting the ability of any managed care provider from offering abortion coverage or the ability of a State or locality to contract separately with such a provider for such coverage with State funds (other than a State’s or locality’s contribution of Medicaid matching funds).CommentsClose CommentsPermalink
(d)(1) None of the funds made available in this Act may be made available to a Federal agency or program, or to a State or local government, if such agency, program, or government subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions.CommentsClose CommentsPermalink
(2) In this subsection, the term ‘health care entity’ includes an individual physician or other health care professional, a hospital, a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care facility, organization, or plan.CommentsClose CommentsPermalink
SEC. 509. (a) None of the funds made available in this Act may be used for--CommentsClose CommentsPermalink
(1) the creation of a human embryo or embryos for research purposes; orCommentsClose CommentsPermalink
(2) research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under 45 CFR 46.204(b) and section 498(b) of the Public Health Service Act (
(b) For purposes of this section, the term ‘human embryo or embryos’ includes any organism, not protected as a human subject under 45 CFR 46 as of the date of the enactment of this Act, that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells.CommentsClose CommentsPermalink
SEC. 510. (a) None of the funds made available in this Act may be used for any activity that promotes the legalization of any drug or other substance included in schedule I of the schedules of controlled substances established under section 202 of the Controlled Substances Act except for normal and recognized executive-congressional communications.CommentsClose CommentsPermalink
(b) The limitation in subsection (a) shall not apply when there is significant medical evidence of a therapeutic advantage to the use of such drug or other substance or that federally sponsored clinical trials are being conducted to determine therapeutic advantage.CommentsClose CommentsPermalink
SEC. 511. None of the funds made available in this Act may be used to promulgate or adopt any final standard under section 1173(b) of the Social Security Act providing for, or providing for the assignment of, a unique health identifier for an individual (except in an individual’s capacity as an employer or a health care provider), until legislation is enacted specifically approving the standard.CommentsClose CommentsPermalink
Sec. 512. None of the funds made available in this Act may be obligated or expended to enter into or renew a contract with an entity if--CommentsClose CommentsPermalink
(1) such entity is otherwise a contractor with the United States and is subject to the requirement in
(2) such entity has not submitted a report as required by that section for the most recent year for which such requirement was applicable to such entity.CommentsClose CommentsPermalink
SEC. 513. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriation Act.CommentsClose CommentsPermalink
SEC. 514. None of the funds made available by this Act to carry out the Library Services and Technology Act may be made available to any library covered by paragraph (1) of section 224(f) of such Act, as amended by the Children’s Internet Protection Act, unless such library has made the certifications required by paragraph (4) of such section.CommentsClose CommentsPermalink
SEC. 515. None of the funds made available by this Act to carry out part D of title II of the Elementary and Secondary Education Act of 1965 may be made available to any elementary or secondary school covered by paragraph (1) of section 2441(a) of such Act, as amended by the Children’s Internet Protection Act and the No Child Left Behind Act, unless the local educational agency with responsibility for such covered school has made the certifications required by paragraph (2) of such section.CommentsClose CommentsPermalink
SEC. 516. (a) None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2009, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that--CommentsClose CommentsPermalink
(1) creates new programs;CommentsClose CommentsPermalink
(2) eliminates a program, project, or activity;CommentsClose CommentsPermalink
(3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted;CommentsClose CommentsPermalink
(4) relocates an office or employees;CommentsClose CommentsPermalink
(5) reorganizes or renames offices;CommentsClose CommentsPermalink
(6) reorganizes programs or activities; orCommentsClose CommentsPermalink
(7) contracts out or privatizes any functions or activities presently performed by Federal employees;CommentsClose CommentsPermalink
unless the Committees on Appropriations of the House of Representatives and the Senate are notified 15 days in advance of such reprogramming or of an announcement of intent relating to such reprogramming, whichever occurs earlier.CommentsClose CommentsPermalink
(b) None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2009, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds in excess of $500,000 or 10 percent, whichever is less, that--CommentsClose CommentsPermalink
(1) augments existing programs, projects (including construction projects), or activities;CommentsClose CommentsPermalink
(2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; orCommentsClose CommentsPermalink
(3) results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects as approved by Congress;CommentsClose CommentsPermalink
unless the Committees on Appropriations of the House of Representatives and the Senate are notified 15 days in advance of such reprogramming or of an announcement of intent relating to such reprogramming, whichever occurs earlier.CommentsClose CommentsPermalink
SEC. 517. (a) None of the funds made available in this Act may be used to request that a candidate for appointment to a Federal scientific advisory committee disclose the political affiliation or voting history of the candidate or the position that the candidate holds with respect to political issues not directly related to and necessary for the work of the committee involved.CommentsClose CommentsPermalink
(b) None of the funds made available in this Act may be used to disseminate scientific information that is deliberately false or misleading.CommentsClose CommentsPermalink
Sec. 518. Within 45 days of enactment of this Act, each department and related agency funded through this Act shall submit an operating plan that details at the program, project, and activity level any funding allocations for fiscal year 2009 that are different than those specified in this Act, the accompanying detailed table in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), or the fiscal year 2009 budget request.CommentsClose CommentsPermalink
Sec. 519. None of the funds in this Act may be used to employ workers described in section 274A(h)(3) of the Immigration and Nationality Act.CommentsClose CommentsPermalink
Sec. 520. The Secretaries of Labor, Health and Human Services, and Education shall each prepare and submit to the Committees on Appropriations of the House of Representatives and the Senate a report on the number and amount of contracts, grants, and cooperative agreements exceeding $100,000 in value and awarded by the Department on a non-competitive basis during each quarter of fiscal year 2009, but not to include grants awarded on a formula basis or directed by law. Such report shall include the name of the contractor or grantee, the amount of funding, the governmental purpose, including a justification for issuing the award on a non-competitive basis. Such report shall be transmitted to the Committees within 30 days after the end of the quarter for which the report is submitted.CommentsClose CommentsPermalink
SEC. 521. None of the funds appropriated or otherwise made available by this Act may be used to enter into a contract in an amount greater than $5,000,000 or to award a grant in excess of such amount unless the prospective contractor or grantee certifies in writing to the agency awarding the contract or grant that, to the best of its knowledge and belief, the contractor or grantee has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.CommentsClose CommentsPermalink
Sec. 522. None of the funds appropriated in this Act shall be expended or obligated by the Commissioner of Social Security, for purposes of administering Social Security benefit payments under title II of the Social Security Act, to process any claim for credit for a quarter of coverage based on work performed under a social security account number that is not the claimant’s number and the performance of such work under such number has formed the basis for a conviction of the claimant of a violation of section 208(a)(6) or (7) of the Social Security Act.CommentsClose CommentsPermalink
SEC. 523. (a) Section 14002(a)(2)(A)(i) of division A of the American Recovery and Reinvestment Act of 2009 (
(b) Section 14002(b)(1) of such division is amended by striking ‘14001’ and inserting ‘14001(d)’.CommentsClose CommentsPermalink
(c) Section 14003(a) of such division is amended by striking ‘the Adult and Family Literacy Act (
(d) Section 14005(a) of such division is amended by striking ‘14001’ and inserting ‘14001(d)’.CommentsClose CommentsPermalink
(e) Section 14005(d)(4)(C) of such division is amended by striking ‘6401(e)(1)(9)(A)(ii)’ and inserting ‘6401(e)(1)(A)(ii)’.CommentsClose CommentsPermalink
(f) Section 14005(d)(5) of such division is amended--CommentsClose CommentsPermalink
(1) by striking ‘1116(a)(7)(C)(iv)’ and inserting ‘1116(b)(7)(C)(iv)’; andCommentsClose CommentsPermalink
(2) by striking ‘1116(a)(8)(B)’ and inserting ‘1116(b)(8)(B)’.CommentsClose CommentsPermalink
(g) Section 14011 of such division is amended by inserting before the period at the end the following: ‘, unless such funds are used to provide special education and related services to children with disabilities, as authorized by the Individuals with Disabilities Education Act (
(h) Section 14012(c) of such division is amended to read as follows:CommentsClose CommentsPermalink
‘(c) CRITERIA- The Secretary shall not grant a waiver or modification under this section unless the Secretary determines that the State receiving such waiver or modification will not provide for elementary, secondary, and public higher education, for the fiscal year under consideration, a smaller percentage of the total revenues available to the State than the percentage provided for such purpose in the preceding fiscal year.’.CommentsClose CommentsPermalink
TITLE VI
AFGHAN ALLIES PROTECTION ACT OF 2009
SEC. 601. SHORT TITLE.
This Act may be cited as the ‘Afghan Allies Protection Act of 2009’.CommentsClose CommentsPermalink
SEC. 602. PROTECTION FOR AFGHAN ALLIES.
(a) Appropriate Committees of Congress Defined- In this section, the term ‘appropriate committees of Congress’ means--CommentsClose CommentsPermalink
(1) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on the Judiciary of the Senate; andCommentsClose CommentsPermalink
(2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives.CommentsClose CommentsPermalink
(b) Special Immigrant Status for Certain Afghans-CommentsClose CommentsPermalink
(1) IN GENERAL- Subject to paragraph (3), the Secretary of Homeland Security, or, notwithstanding any other provision of law, the Secretary of State in consultation with the Secretary of Homeland Security, may provide an alien described in subparagraph (A), (B), or (C) of paragraph (2) with the status of a special immigrant under section 101(a)(27) of the Immigration and Nationality Act (
(A) or an agent acting on behalf of the alien, submits a petition for classification under section 203(b)(4) of such Act (
(B) is otherwise eligible to receive an immigrant visa;CommentsClose CommentsPermalink
(C) is otherwise admissible to the United States for permanent residence (excluding the grounds for inadmissibility specified in section 212(a)(4) of such Act (
(D) clears a background check and appropriate screening, as determined by the Secretary of Homeland Security.CommentsClose CommentsPermalink
(2) ALIENS DESCRIBED-CommentsClose CommentsPermalink
(A) PRINCIPAL ALIENS- An alien is described in this subparagraph if the alien--CommentsClose CommentsPermalink
(i) is a citizen or national of Afghanistan;CommentsClose CommentsPermalink
(ii) was or is employed by or on behalf of the United States Government in Afghanistan on or after October 7, 2001, for not less than one year;CommentsClose CommentsPermalink
(iii) provided faithful and valuable service to the United States Government, which is documented in a positive recommendation or evaluation, subject to subparagraph (D), from the employee’s senior supervisor or the person currently occupying that position, or a more senior person, if the employee’s senior supervisor has left the employer or has left Afghanistan; andCommentsClose CommentsPermalink
(iv) has experienced or is experiencing an ongoing serious threat as a consequence of the alien’s employment by the United States Government.CommentsClose CommentsPermalink
(B) SPOUSE OR CHILD- An alien is described in this subparagraph if the alien--CommentsClose CommentsPermalink
(i) is the spouse or child of a principal alien described in subparagraph (A); andCommentsClose CommentsPermalink
(ii) is accompanying or following to join the principal alien in the United States.CommentsClose CommentsPermalink
(C) SURVIVING SPOUSE OR CHILD- An alien is described in this subparagraph if the alien--CommentsClose CommentsPermalink
(i) was the spouse or child of a principal alien described in subparagraph (A) who had a petition for classification approved pursuant to this section or section 1059 of the National Defense Authorization Act for Fiscal Year 2006 (
(ii) due to the death of the principal alien--CommentsClose CommentsPermalink
(I) such petition was revoked or terminated (or otherwise rendered null); andCommentsClose CommentsPermalink
(II) such petition would have been approved if the principal alien had survived.CommentsClose CommentsPermalink
(D) APPROVAL BY CHIEF OF MISSION REQUIRED- A recommendation or evaluation required under subparagraph (A)(iii) shall be accompanied by approval from the appropriate Chief of Mission, or the designee of the appropriate Chief of Mission, who shall conduct a risk assessment of the alien and an independent review of records maintained by the United States Government or hiring organization or entity to confirm employment and faithful and valuable service to the United States Government prior to approval of a petition under this section.CommentsClose CommentsPermalink
(3) NUMERICAL LIMITATIONS-CommentsClose CommentsPermalink
(A) IN GENERAL- Except as provided in subparagraph (C), the total number of principal aliens who may be provided special immigrant status under this section may not exceed 1,500 per year for each of the fiscal years 2009, 2010, 2011, 2012, and 2013.CommentsClose CommentsPermalink
(B) EXCLUSION FROM NUMERICAL LIMITATIONS- Aliens provided special immigrant status under this subsection shall not be counted against any numerical limitation under sections 201(d), 202(a), or 203(b)(4) of the Immigration and Nationality Act (
(C) CARRY FORWARD-CommentsClose CommentsPermalink
(i) FISCAL YEARS 2009 THROUGH 2013- If the numerical limitation specified in subparagraph (A) is not reached during a given fiscal year, with respect to fiscal year 2009, 2010, 2011, 2012, or 2013, the numerical limitation specified in such subparagraph for the following fiscal year shall be increased by a number equal to the difference between--CommentsClose CommentsPermalink
(I) the numerical limitation specified in subparagraph (A) for the given fiscal year; andCommentsClose CommentsPermalink
(II) the number of principal aliens provided special immigrant status under this section during the given fiscal year.CommentsClose CommentsPermalink
(ii) FISCAL YEAR 2014- If the numerical limitation determined under clause (i) is not reached in fiscal year 2013, the total number of principal aliens who may be provided special immigrant status under this subsection for fiscal year 2014 shall be equal to the difference between--CommentsClose CommentsPermalink
(I) the numerical limitation determined under clause (i) for fiscal year 2013; andCommentsClose CommentsPermalink
(II) the number of principal aliens provided such status under this section during fiscal year 2013.CommentsClose CommentsPermalink
(4) PROHIBITION ON FEES- The Secretary of Homeland Security or the Secretary of State may not charge an alien described in subparagraph (A), (B), or (C) of paragraph (2) any fee in connection with an application for, or issuance of, a special immigrant visa under this section.CommentsClose CommentsPermalink
(5) ASSISTANCE WITH PASSPORT ISSUANCE- The Secretary of State shall make a reasonable effort to ensure that an alien described in subparagraph (A), (B), or (C) of paragraph (2) who is issued a special immigrant visa pursuant to this subsection is provided with the appropriate series Afghan passport necessary to enter the United States.CommentsClose CommentsPermalink
(6) PROTECTION OF ALIENS- The Secretary of State, in consultation with the heads of other appropriate Federal agencies, shall make a reasonable effort to provide an alien described in subparagraph (A), (B), or (C) of paragraph (2) who is seeking special immigrant status under this subsection protection or to immediately remove such alien from Afghanistan, if possible, if the Secretary determines, after consultation, that such alien is in imminent danger.CommentsClose CommentsPermalink
(7) OTHER ELIGIBILITY FOR IMMIGRANT STATUS- No alien shall be denied the opportunity to apply for admission under this subsection solely because such alien qualifies as an immediate relative or is eligible for any other immigrant classification.CommentsClose CommentsPermalink
(8) RESETTLEMENT SUPPORT- A citizen or national of Afghanistan who is granted special immigrant status described in section 101(a)(27) of the Immigration and Nationality Act (
(9) ADJUSTMENT OF STATUS- Notwithstanding paragraph (2), (7), or (8) of subsection (c) of section 245 of the Immigration and Nationality Act (
(A) was paroled or admitted as a nonimmigrant into the United States; andCommentsClose CommentsPermalink
(B) is otherwise eligible for special immigrant status under--CommentsClose CommentsPermalink
(i)(I) this subsection; orCommentsClose CommentsPermalink
(II) such section 1244(b); andCommentsClose CommentsPermalink
(ii) the Immigration and Nationality Act (
(10) REPORT ON IMPLEMENTATION AND AUTHORITY TO CARRY OUT ADMINISTRATIVE MEASURES-CommentsClose CommentsPermalink
(A) REQUIREMENT FOR REPORT- Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security and the Secretary of State, in consultation with the Secretary of Defense, shall submit to the appropriate committees of Congress a report on the implementation of this subsection.CommentsClose CommentsPermalink
(B) CONTENT OF REPORT- The report required by subparagraph (A) shall describe actions taken, and additional administrative measures that may be needed, to ensure the integrity of the program established under this subsection and the national security interests of the United States related to such program.CommentsClose CommentsPermalink
(C) AUTHORITY TO CARRY OUT ADMINISTRATIVE MEASURES- The Secretary of Homeland Security and the Secretary of State shall implement any additional administrative measures described in subparagraph (B) as they may deem necessary and appropriate to ensure the integrity of the program established under this subsection and the national security interests of the United States related to such program.CommentsClose CommentsPermalink
(11) ANNUAL REPORT ON USE OF SPECIAL IMMIGRANT STATUS-CommentsClose CommentsPermalink
(A) REQUIREMENT- Not later than 120 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall submit to the appropriate committees of Congress a report on the number of citizens or nationals of Afghanistan or Iraq who have applied for status as special immigrants under this subsection or section 1244 of the Refugee Crisis in Iraq Act of 2007 (
(B) CONTENT- Each report required by subparagraph (A) submitted in a fiscal year shall include the following information for the previous fiscal year:CommentsClose CommentsPermalink
(i) The number of citizens or nationals of Afghanistan or Iraq who submitted an application for status as a special immigrant pursuant to this section or section 1244 of the Refugee Crisis in Iraq Act of 2007 (
(I) by the number of principal aliens applying for such status; andCommentsClose CommentsPermalink
(II) by the number of spouses and children of principal aliens applying for such status.CommentsClose CommentsPermalink
(ii) The number of applications referred to in clause (i) that--CommentsClose CommentsPermalink
(I) were approved; orCommentsClose CommentsPermalink
(II) were denied, including a description of the basis for each denial.CommentsClose CommentsPermalink
(c) Information Regarding Citizens or Nationals of Afghanistan Employed by the United States or Federal Contractors in Afghanistan-CommentsClose CommentsPermalink
(1) REQUIREMENT TO COMPILE INFORMATION-CommentsClose CommentsPermalink
(A) IN GENERAL- Not later than 120 days after the date of the enactment of this Act, the Administrator of the United States Agency for International Development, the Secretary of Defense, the Secretary of Homeland Security, the Secretary of State, and the Secretary of the Treasury shall--CommentsClose CommentsPermalink
(i) review internal records and databases of their respective agencies for information that can be used to verify employment of citizens or nationals of Afghanistan by the United States Government; andCommentsClose CommentsPermalink
(ii) request from each prime contractor or grantee that has performed work in Afghanistan since October 7, 2001, under a contract, grant, or cooperative agreement with their respective agencies that is valued in excess of $25,000, information that may be used to verify the employment of such citizens or nationals by such contractor or grantee.CommentsClose CommentsPermalink
(B) INFORMATION REQUIRED- To the extent data is available, the information referred to in subparagraph (A) shall include the name and dates of employment of, biometric data for, and other data that can be used to verify the employment of each citizen or national of Afghanistan who has performed work in Afghanistan since October 7, 2001, under a contract, grant, or cooperative agreement with an executive agency.CommentsClose CommentsPermalink
(2) REPORT ON ESTABLISHMENT OF DATABASE- Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Administrator of the United States Agency for International Development, the Secretary of Homeland Security, the Secretary of State, and the Secretary of the Treasury, shall submit to the appropriate committees of Congress a report examining the options for establishing a unified and classified database of information related to contracts, grants, or cooperative agreements entered into by executive agencies for the performance of work in Afghanistan since October 7, 2001, including the information described and collected under paragraph (1), to be used by relevant Federal departments and agencies to adjudicate refugee, asylum, special immigrant visa, and other immigration claims and applications.CommentsClose CommentsPermalink
(3) REPORT ON NONCOMPLIANCE- Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate committees of Congress a report that describes--CommentsClose CommentsPermalink
(A) the inability or unwillingness of any contractor or grantee to provide the information requested under paragraph (1)(A)(ii); andCommentsClose CommentsPermalink
(B) the reasons that such contractor or grantee provided for failing to provide such information.CommentsClose CommentsPermalink
(4) EXECUTIVE AGENCY DEFINED- In this subsection, the term ‘executive agency’ has the meaning given that term in section 4 of the Office of Federal Procurement Policy Act (
(d) Rule of Construction- Nothing in this section may be construed to affect the authority of the Secretary of Homeland Security under section 1059 of the National Defense Authorization Act for Fiscal Year 2006 (
This division may be cited as the ‘Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2009’.CommentsClose CommentsPermalink
DIVISION G--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2009
TITLE I
LEGISLATIVE BRANCH
SENATE
Expense Allowances
For expense allowances of the Vice President, $20,000; the President Pro Tempore of the Senate, $40,000; Majority Leader of the Senate, $40,000; Minority Leader of the Senate, $40,000; Majority Whip of the Senate, $10,000; Minority Whip of the Senate, $10,000; Chairmen of the Majority and Minority Conference Committees, $5,000 for each Chairman; and Chairmen of the Majority and Minority Policy Committees, $5,000 for each Chairman; in all, $180,000.CommentsClose CommentsPermalink
Representation Allowances for the Majority and Minority Leaders
For representation allowances of the Majority and Minority Leaders of the Senate, $15,000 for each such Leader; in all, $30,000.CommentsClose CommentsPermalink
Salaries, Officers and Employees
For compensation of officers, employees, and others as authorized by law, including agency contributions, $171,699,000, which shall be paid from this appropriation without regard to the following limitations:CommentsClose CommentsPermalink
OFFICE OF THE VICE PRESIDENT
For the Office of the Vice President, $2,413,000.CommentsClose CommentsPermalink
OFFICE OF THE PRESIDENT PRO TEMPORE
For the Office of the President Pro Tempore, $720,000.CommentsClose CommentsPermalink
OFFICE OF THE PRESIDENT PRO TEMPORE EMERITUS
For the Office of the President Pro Tempore Emeritus, $100,000.CommentsClose CommentsPermalink
OFFICES OF THE MAJORITY AND MINORITY LEADERS
For Offices of the Majority and Minority Leaders, $4,998,000.CommentsClose CommentsPermalink
OFFICES OF THE MAJORITY AND MINORITY WHIPS
For Offices of the Majority and Minority Whips, $3,096,000.CommentsClose CommentsPermalink
COMMITTEE ON APPROPRIATIONS
For salaries of the Committee on Appropriations, $15,200,000.CommentsClose CommentsPermalink
CONFERENCE COMMITTEES
For the Conference of the Majority and the Conference of the Minority, at rates of compensation to be fixed by the Chairman of each such committee, $1,655,000 for each such committee; in all, $3,310,000.CommentsClose CommentsPermalink
OFFICES OF THE SECRETARIES OF THE CONFERENCE OF THE MAJORITY AND THE CONFERENCE OF THE MINORITY
For Offices of the Secretaries of the Conference of the Majority and the Conference of the Minority, $814,000.CommentsClose CommentsPermalink
POLICY COMMITTEES
For salaries of the Majority Policy Committee and the Minority Policy Committee, $1,690,000 for each such committee; in all, $3,380,000.CommentsClose CommentsPermalink
OFFICE OF THE CHAPLAIN
For Office of the Chaplain, $397,000.CommentsClose CommentsPermalink
OFFICE OF THE SECRETARY
For Office of the Secretary, $24,020,000.CommentsClose CommentsPermalink
OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER
For Office of the Sergeant at Arms and Doorkeeper, $66,800,000.CommentsClose CommentsPermalink
OFFICES OF THE SECRETARIES FOR THE MAJORITY AND MINORITY
For Offices of the Secretary for the Majority and the Secretary for the Minority, $1,758,000.CommentsClose CommentsPermalink
AGENCY CONTRIBUTIONS AND RELATED EXPENSES
For agency contributions for employee benefits, as authorized by law, and related expenses, $44,693,000.CommentsClose CommentsPermalink
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative Counsel of the Senate, $6,743,000.CommentsClose CommentsPermalink
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal Counsel, $1,484,000.CommentsClose CommentsPermalink
Expense Allowances of the Secretary of the Senate, Sergeant at Arms and Doorkeeper of the Senate, and Secretaries for the Majority and Minority of the Senate
For expense allowances of the Secretary of the Senate, $7,500; Sergeant at Arms and Doorkeeper of the Senate, $7,500; Secretary for the Majority of the Senate, $7,500; Secretary for the Minority of the Senate, $7,500; in all, $30,000.CommentsClose CommentsPermalink
Contingent Expenses of the Senate
INQUIRIES AND INVESTIGATIONS
For expenses of inquiries and investigations ordered by the Senate, or conducted under paragraph 1 of rule XXVI of the Standing Rules of the Senate, section 112 of the Supplemental Appropriations and Rescission Act, 1980 (
EXPENSES OF THE UNITED STATES SENATE CAUCUS ON INTERNATIONAL NARCOTICS CONTROL
For expenses of the United States Senate Caucus on International Narcotics Control, $520,000.CommentsClose CommentsPermalink
SECRETARY OF THE SENATE
For expenses of the Office of the Secretary of the Senate, $2,000,000.CommentsClose CommentsPermalink
SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE
For expenses of the Office of the Sergeant at Arms and Doorkeeper of the Senate, $153,601,000, which shall remain available until September 30, 2013.CommentsClose CommentsPermalink
MISCELLANEOUS ITEMS
For miscellaneous items, $21,043,000, of which up to $500,000 shall be made available for a pilot program for mailings of postal patron postcards by Senators for the purpose of providing notice of a town meeting by a Senator in a county (or equivalent unit of local government) at which the Senator will personally attend: Provided, That any amount allocated to a Senator for such mailing shall not exceed 50 percent of the cost of the mailing and the remaining cost shall be paid by the Senator from other funds available to the Senator.CommentsClose CommentsPermalink
SENATORS’ OFFICIAL PERSONNEL AND OFFICE EXPENSE ACCOUNT
For Senators’ Official Personnel and Office Expense Account, $400,000,000.CommentsClose CommentsPermalink
OFFICIAL MAIL COSTS
For expenses necessary for official mail costs of the Senate, $300,000.CommentsClose CommentsPermalink
Administrative Provisions
SEC. 1. GROSS RATE OF COMPENSATION IN OFFICES OF SENATORS. Effective on and after October 1, 2008, each of the dollar amounts contained in the table under section 105(d)(1)(A) of the Legislative Branch Appropriations Act, 1968 (
SEC. 2. CONSULTANTS. (a) In General-CommentsClose CommentsPermalink
(1) The first sentence of section 101(a) of the Supplemental Appropriations Act, 1977 (
(2) The second sentence of section 101(a) of the Supplemental Appropriations Act, 1977 (
(b) Effective Date- This section shall take effect on the date of enactment of this Act and shall apply to fiscal year 2009 and each fiscal year thereafter.CommentsClose CommentsPermalink
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For salaries and expenses of the House of Representatives, $1,301,267,000, as follows:CommentsClose CommentsPermalink
HOUSE LEADERSHIP OFFICES
For salaries and expenses, as authorized by law, $25,113,000, including: Office of the Speaker, $4,879,000, including $25,000 for official expenses of the Speaker; Office of the Majority Floor Leader, $2,436,000, including $10,000 for official expenses of the Majority Leader; Office of the Minority Floor Leader, $4,390,000, including $10,000 for official expenses of the Minority Leader; Office of the Majority Whip, including the Chief Deputy Majority Whip, $2,115,000, including $5,000 for official expenses of the Majority Whip; Office of the Minority Whip, including the Chief Deputy Minority Whip, $1,630,000, including $5,000 for official expenses of the Minority Whip; Speaker’s Office for Legislative Floor Activities, $501,000; Republican Steering Committee, $950,000; Republican Conference, $1,777,000; Republican Policy Committee, $337,000; Democratic Steering and Policy Committee, $1,315,000; Democratic Caucus, $1,749,000; nine minority employees, $1,502,000; training and program development--majority, $290,000; training and program development--minority, $290,000; Cloakroom Personnel--majority, $476,000; and Cloakroom Personnel--minority, $476,000.CommentsClose CommentsPermalink
Members’ Representational Allowances Including Members’ Clerk Hire, Official Expenses of Members, and Official Mail
For Members’ representational allowances, including Members’ clerk hire, official expenses, and official mail, $609,000,000.CommentsClose CommentsPermalink
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special and select, authorized by House resolutions, $154,000,000: Provided, That such amount shall remain available for such salaries and expenses until December 31, 2010, except that $9,500,000 of such amount shall remain available until expended for committee room upgrading.CommentsClose CommentsPermalink
Committee on Appropriations
For salaries and expenses of the Committee on Appropriations, $31,300,000, including studies and examinations of executive agencies and temporary personal services for such committee, to be expended in accordance with section 202(b) of the Legislative Reorganization Act of 1946 and to be available for reimbursement to agencies for services performed: Provided, That such amount shall remain available for such salaries and expenses until December 31, 2010.CommentsClose CommentsPermalink
Salaries, Officers and Employees
For compensation and expenses of officers and employees, as authorized by law, $187,954,000, including: for salaries and expenses of the Office of the Clerk, including not more than $23,000, of which not more than $20,000 is for the Family Room, for official representation and reception expenses, $27,457,000, of which $500,000 shall remain available until December 31, 2010 and $2,060,000 shall remain available until expended; for salaries and expenses of the Office of the Sergeant at Arms, including the position of Superintendent of Garages, and including not more than $3,000 for official representation and reception expenses, $8,355,000; for salaries and expenses of the Office of the Chief Administrative Officer, including not more than $3,000 for official representation and reception expenses, $125,838,000, of which $7,057,000 shall remain available until expended; for salaries and expenses of the Office of the Inspector General, $4,945,000; for salaries and expenses of the Office of Emergency Planning, Preparedness and Operations, $3,974,000, to remain available until expended; for salaries and expenses of the Office of General Counsel, $1,357,000; for the Office of the Chaplain, $173,000; for salaries and expenses of the Office of the Parliamentarian, including the Parliamentarian, $2,000 for preparing the Digest of Rules, and not more than $1,000 for official representation and reception expenses, $2,007,000; for salaries and expenses of the Office of the Law Revision Counsel of the House, $3,057,000; for salaries and expenses of the Office of the Legislative Counsel of the House, $8,337,000; for salaries and expenses of the Office of Interparliamentary Affairs, $777,000; for other authorized employees, $1,158,000; and for salaries and expenses of the Office of the Historian, including the costs of the House Fellows Program (including lodging and related expenses for visiting Program participants), $519,000.CommentsClose CommentsPermalink
Allowances and Expenses
For allowances and expenses as authorized by House resolution or law, $293,900,000, including: supplies, materials, administrative costs and Federal tort claims, $11,656,000, of which $2,500,000 shall remain available until expended; official mail for committees, leadership offices, and administrative offices of the House, $201,000; Government contributions for health, retirement, Social Security, and other applicable employee benefits, $260,703,000; supplies, materials, and other costs relating to the House portion of expenses for the Capitol Visitor Center, $1,900,000, to remain available until expended; Business Continuity and Disaster Recovery, $18,698,000, of which $6,260,000 shall remain available until expended; and miscellaneous items including purchase, exchange, maintenance, repair and operation of House motor vehicles, interparliamentary receptions, and gratuities to heirs of deceased employees of the House, $742,000.CommentsClose CommentsPermalink
Child Care Center
For salaries and expenses of the House of Representatives Child Care Center, such amounts as are deposited in the account established by section 312(d)(1) of the Legislative Branch Appropriations Act, 1992 (
Administrative Provisions
SEC. 101. (a) REQUIRING AMOUNTS REMAINING IN MEMBERS’ REPRESENTATIONAL ALLOWANCES TO BE USED FOR DEFICIT REDUCTION OR TO REDUCE THE FEDERAL DEBT- Notwithstanding any other provision of law, any amounts appropriated under this Act for ‘HOUSE OF REPRESENTATIVES--SALARIES AND EXPENSES--MEMBERS’ REPRESENTATIONAL ALLOWANCES’ shall be available only for fiscal year 2009. Any amount remaining after all payments are made under such allowances for fiscal year 2009 shall be deposited in the Treasury and used for deficit reduction (or, if there is no Federal budget deficit after all such payments have been made, for reducing the Federal debt, in such manner as the Secretary of the Treasury considers appropriate).CommentsClose CommentsPermalink
(b) REGULATIONS- The Committee on House Administration of the House of Representatives shall have authority to prescribe regulations to carry out this section.CommentsClose CommentsPermalink
(c) DEFINITION- As used in this section, the term ‘Member of the House of Representatives’ means a Representative in, or a Delegate or Resident Commissioner to, the Congress.CommentsClose CommentsPermalink
SEC. 102. (a) The Chief Administrative Officer of the House of Representatives shall deposit all amounts received as promotional rebates and incentives on credit card purchases, balances, and payments into the House Services Revolving Fund under section 105 of the Legislative Branch Appropriations Act, 2005.CommentsClose CommentsPermalink
(b) Section 105(a) of the Legislative Branch Appropriations Act, 2005 (
‘(6) The collection of promotional rebates and incentives on credit card purchases, balances, and payments.’.CommentsClose CommentsPermalink
(c) The amendments made by this section shall apply with respect to fiscal year 2009 and each succeeding fiscal year.CommentsClose CommentsPermalink
SEC. 103. (a) Section 101 of the Legislative Branch Appropriations Act, 1993 (
‘(d) Amounts appropriated for any fiscal year for the House of Representatives under the heading ‘Allowances and Expenses’ may be transferred to the Architect of the Capitol and made available under the heading ‘House Office Buildings’, subject to the approval of the Committee on Appropriations of the House of Representatives.’.CommentsClose CommentsPermalink
(b) The amendment made by subsection (a) shall apply with respect to fiscal year 2009 and each succeeding fiscal year.CommentsClose CommentsPermalink
SEC. 104. (a) Effective with respect to fiscal year 2008 and each succeeding fiscal year, the aggregate amount otherwise authorized to be appropriated for a fiscal year for the lump-sum allowance for each of the following offices is increased as follows:CommentsClose CommentsPermalink
(1) The allowance for the office of the Majority Floor Leader is increased by $200,000.CommentsClose CommentsPermalink
(2) The allowance for the office of the Minority Floor Leader is increased by $200,000.CommentsClose CommentsPermalink
(b) Effective with respect to fiscal year 2009 and each succeeding fiscal year, the aggregate amount otherwise authorized to be appropriated for a fiscal year for the lump-sum allowance for each of the following offices is increased as follows:CommentsClose CommentsPermalink
(1) The allowance for the office of the Majority Whip is increased by $72,000.CommentsClose CommentsPermalink
(2) The allowance for the office of the Minority Whip is increased by $72,000.CommentsClose CommentsPermalink
SEC. 105. (a) Section 101 of the Legislative Branch Appropriations Act, 1993 (
(b) Section 101(c)(2) of such Act (
‘(2) The headings referred to in paragraph (1) are ‘House Leadership Offices’, ‘Members’ Representational Allowances’, ‘Committee Employees’, ‘Salaries, Officers and Employees’, and ‘Allowances and Expenses’.’.CommentsClose CommentsPermalink
(c) The amendments made by this section shall apply with respect to fiscal year 2009 and each succeeding fiscal year.CommentsClose CommentsPermalink
SEC. 106. PERMITTING HOUSE CHILD CARE CENTER TO OFFER SERVICES FOR SCHOOL-AGE CHILDREN- Section 312(a)(1) of the Legislative Branch Appropriations Act, 1992 (
JOINT ITEMS
For Joint Committees, as follows:CommentsClose CommentsPermalink
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee, $4,626,000, to be disbursed by the Secretary of the Senate.CommentsClose CommentsPermalink
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on Taxation, $10,719,000, to be disbursed by the Chief Administrative Officer of the House of Representatives.CommentsClose CommentsPermalink
For other joint items, as follows:CommentsClose CommentsPermalink
Office of the Attending Physician
For medical supplies, equipment, and contingent expenses of the emergency rooms, and for the Attending Physician and his assistants, including: (1) an allowance of $2,175 per month to the Attending Physician; (2) an allowance of $1,300 per month to one Senior Medical Officer; (3) an allowance of $725 per month each to three medical officers while on duty in the Office of the Attending Physician; (4) an allowance of $725 per month to two assistants and $580 per month each not to exceed 11 assistants on the basis heretofore provided for such assistants; and (5) $2,223,000 for reimbursement to the Department of the Navy for expenses incurred for staff and equipment assigned to the Office of the Attending Physician, which shall be advanced and credited to the applicable appropriation or appropriations from which such salaries, allowances, and other expenses are payable and shall be available for all the purposes thereof, $3,105,000, to be disbursed by the Chief Administrative Officer of the House of Representatives.CommentsClose CommentsPermalink
Office of Congressional Accessibility Services
SALARIES AND EXPENSES
For salaries and expenses of the Office of Congressional Accessibility Services, $800,000, to be disbursed by the Secretary of the Senate.CommentsClose CommentsPermalink
CAPITOL GUIDE SERVICE AND SPECIAL SERVICES OFFICE
SALARIES AND EXPENSES
For salaries and expenses of the Capitol Guide Service, $9,940,000, to be disbursed by the Secretary of the Senate and Special Services Office.CommentsClose CommentsPermalink
Statements of Appropriations
For the preparation, under the direction of the Committees on Appropriations of the Senate and the House of Representatives, of the statements for the second session of the 110th Congress, showing appropriations made, indefinite appropriations, and contracts authorized, together with a chronological history of the regular appropriations bills as required by law, $30,000, to be paid to the persons designated by the chairmen of such committees to supervise the work.CommentsClose CommentsPermalink
CAPITOL POLICE
Salaries
For salaries of employees of the Capitol Police, including overtime, hazardous duty pay differential, and Government contributions for health, retirement, social security, professional liability insurance, and other applicable employee benefits, $248,000,000, to be disbursed by the Chief of the Capitol Police or his designee.CommentsClose CommentsPermalink
General Expenses
For necessary expenses of the Capitol Police, including motor vehicles, communications and other equipment, security equipment and installation, uniforms, weapons, supplies, materials, training, medical services, forensic services, stenographic services, personal and professional services, the employee assistance program, the awards program, postage, communication services, travel advances, relocation of instructor and liaison personnel for the Federal Law Enforcement Training Center, and not more than $5,000 to be expended on the certification of the Chief of the Capitol Police in connection with official representation and reception expenses, $57,750,000, to be disbursed by the Chief of the Capitol Police or his designee: Provided, That, notwithstanding any other provision of law, the cost of basic training for the Capitol Police at the Federal Law Enforcement Training Center for fiscal year 2009 shall be paid by the Secretary of Homeland Security from funds available to the Department of Homeland Security.CommentsClose CommentsPermalink
Administrative Provision
(INCLUDING TRANSFER OF FUNDS)
SEC. 1001. TRANSFER AUTHORITY- Amounts appropriated for fiscal year 2009 for the Capitol Police may be transferred between the headings ‘SALARIES’ and ‘GENERAL EXPENSES’ upon the approval of the Committees on Appropriations of the House of Representatives and the Senate.CommentsClose CommentsPermalink
OFFICE OF COMPLIANCE
Salaries and Expenses
For salaries and expenses of the Office of Compliance, as authorized by section 305 of the Congressional Accountability Act of 1995 (
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary for operation of the Congressional Budget Office, including not more than $6,000 to be expended on the certification of the Director of the Congressional Budget Office in connection with official representation and reception expenses, $44,082,000.CommentsClose CommentsPermalink
ARCHITECT OF THE CAPITOL
General Administration
For salaries for the Architect of the Capitol, and other personal services, at rates of pay provided by law; for surveys and studies in connection with activities under the care of the Architect of the Capitol; for all necessary expenses for the general and administrative support of the operations under the Architect of the Capitol including the Botanic Garden; electrical substations of the Capitol, Senate and House office buildings, and other facilities under the jurisdiction of the Architect of the Capitol; including furnishings and office equipment; including not more than $5,000 for official reception and representation expenses, to be expended as the Architect of the Capitol may approve; for purchase or exchange, maintenance, and operation of a passenger motor vehicle, $90,659,000, of which $1,505,000 shall remain available until September 30, 2013.CommentsClose CommentsPermalink
Capitol Building
For all necessary expenses for the maintenance, care and operation of the Capitol, $35,840,000, of which $10,681,000 shall remain available until September 30, 2013.CommentsClose CommentsPermalink
Capitol Grounds
For all necessary expenses for care and improvement of grounds surrounding the Capitol, the Senate and House office buildings, and the Capitol Power Plant, $9,649,000, of which $340,000 shall remain available until September 30, 2013.CommentsClose CommentsPermalink
Senate Office Buildings
For all necessary expenses for the maintenance, care and operation of Senate office buildings; and furniture and furnishings to be expended under the control and supervision of the Architect of the Capitol, $69,359,000, of which $9,743,000 shall remain available until September 30, 2013.CommentsClose CommentsPermalink
House Office Buildings
For all necessary expenses for the maintenance, care and operation of the House office buildings, $65,814,000, of which $19,603,000 shall remain available until September 30, 2013.CommentsClose CommentsPermalink
Capitol Power Plant
For all necessary expenses for the maintenance, care and operation of the Capitol Power Plant; lighting, heating, power (including the purchase of electrical energy) and water and sewer services for the Capitol, Senate and House office buildings, Library of Congress buildings, and the grounds about the same, Botanic Garden, Senate garage, and air conditioning refrigeration not supplied from plants in any of such buildings; heating the Government Printing Office and Washington City Post Office, and heating and chilled water for air conditioning for the Supreme Court Building, the Union Station complex, the Thurgood Marshall Federal Judiciary Building and the Folger Shakespeare Library, expenses for which shall be advanced or reimbursed upon request of the Architect of the Capitol and amounts so received shall be deposited into the Treasury to the credit of this appropriation, $149,042,000, of which $63,570,000 shall remain available until September 30, 2013: Provided, That not more than $8,000,000 of the funds credited or to be reimbursed to this appropriation as herein provided shall be available for obligation during fiscal year 2009.CommentsClose CommentsPermalink
Library Buildings and Grounds
For all necessary expenses for the mechanical and structural maintenance, care and operation of the Library buildings and grounds, $39,094,000, of which $13,640,000 shall remain available until September 30, 2013.CommentsClose CommentsPermalink
Capitol Police Buildings, Grounds and Security
For all necessary expenses for the maintenance, care and operation of buildings, grounds and security enhancements of the United States Capitol Police, wherever located, the Alternate Computer Facility, and AOC security operations, $18,996,000, of which $3,497,000 shall remain available until September 30, 2013.CommentsClose CommentsPermalink
Botanic Garden
For all necessary expenses for the maintenance, care and operation of the Botanic Garden and the nurseries, buildings, grounds, and collections; and purchase and exchange, maintenance, repair, and operation of a passenger motor vehicle; all under the direction of the Joint Committee on the Library, $10,906,000, of which $2,055,000 shall remain available until September 30, 2013: Provided, That of the amount made available under this heading, the Architect may obligate and expend such sums as may be necessary for the maintenance, care and operation of the National Garden established under section 307E of the Legislative Branch Appropriations Act, 1989 (
Capitol Visitor Center
For an additional amount for the Capitol Visitor Center project, $31,124,000, to remain available until expended, and in addition, $9,103,000 for Capitol Visitor Center operations costs: Provided, That the Architect of the Capitol may not obligate any of the funds which are made available for the Capitol Visitor Center project without an obligation plan approved by the Committees on Appropriations of the Senate and House of Representatives.CommentsClose CommentsPermalink
Administrative Provisions
SEC. 1101. (a) Collection and Sale of Recyclable Materials-CommentsClose CommentsPermalink
(1) ESTABLISHMENT OF PROGRAM- The Architect of the Capitol shall establish a program for the collection and sale of recyclable materials collected from or on the Capitol buildings and grounds, in accordance with the procedures applicable under subchapter III of chapter 5 of subtitle I of title 40, United States Code to the sale of surplus property by an executive agency.CommentsClose CommentsPermalink
(2) EXCLUSION OF MATERIALS SUBJECT TO OTHER PROGRAMS- The program established under this section shall not apply with respect to any materials which are subject to collection and sale under--CommentsClose CommentsPermalink
(A) the third undesignated paragraph under the center heading ‘MISCELLANEOUS’ in the first section of the Act entitled ‘An Act making appropriations for sundry civil expenses of the government for the fiscal year ending June thirtieth, eighteen hundred and eighty-three, and for other purposes’, approved August 7, 1882 (
(B) section 104(a) of the Legislative Branch Appropriations Act, 1987 (as enacted by reference in identical form by section 101(j) of
(C) the Senate waste recycling program referred to in section 4 of the Legislative Branch Appropriations Act, 2001 (
(D) any other authorized program for the collection and sale of recyclable materials.CommentsClose CommentsPermalink
(b) Revolving Fund-CommentsClose CommentsPermalink
(1) IN GENERAL- There is established in the Treasury a revolving fund for the Office of the Architect of the Capitol, which shall consist of--CommentsClose CommentsPermalink
(A) proceeds from the sale of recyclable materials under the program established under this section; andCommentsClose CommentsPermalink
(B) such amounts as may be appropriated under law.CommentsClose CommentsPermalink
(2) USE OF FUND- Amounts in the revolving fund established under paragraph (1) shall be available without fiscal year limitation to the Architect of the Capitol, subject to the Architect providing prior notice to the Committees on Appropriations of the House of Representatives and Senate--CommentsClose CommentsPermalink
(A) to carry out the program established under this section;CommentsClose CommentsPermalink
(B) to carry out authorized programs and activities of the Architect to improve the environment; andCommentsClose CommentsPermalink
(C) to carry out authorized programs and activities of the Architect to promote energy savings.CommentsClose CommentsPermalink
(c) Effective Date- This section shall apply with respect to each of the fiscal years 2009 through 2013.CommentsClose CommentsPermalink
SEC. 1102. (a) PERMITTING LEASING OF SPACE- Subject to the availability of funds, the Architect of the Capitol may acquire real property by lease for the use of the Library of Congress in any State or the District of Columbia if--CommentsClose CommentsPermalink
(1) the Architect of the Capitol and the Librarian of Congress submit a joint request for the Architect to lease the property to the Joint Committee on the Library and to the Committees on Appropriations of the House of Representatives and Senate; andCommentsClose CommentsPermalink
(2) the Joint Committee on the Library and the Committees on Appropriations of the House of Representatives and Senate each approve the request.CommentsClose CommentsPermalink
(b) TRANSFER OF FUNDS- Subject to the approval of the Joint Committee on the Library and the Committees on Appropriations of the House of Representatives and the Senate, the Architect of the Capitol and the Librarian of Congress may transfer between themselves appropriations or other available funds to pay the costs incurred in acquiring real property pursuant to the authority of this section and the costs of necessary expenses incurred in connection with the acquisition of the property.CommentsClose CommentsPermalink
(c) LIMIT ON OBLIGATIONS- No obligation entered into pursuant to the authority of this section shall be in advance of, or in excess of, available appropriations.CommentsClose CommentsPermalink
(d) EFFECTIVE DATE- This section shall apply with respect to fiscal year 2009 and each succeeding fiscal year.CommentsClose CommentsPermalink
LIBRARY OF CONGRESS
Salaries and Expenses
For necessary expenses of the Library of Congress not otherwise provided for, including development and maintenance of the Library’s catalogs; custody and custodial care of the Library buildings; special clothing; cleaning, laundering and repair of uniforms; preservation of motion pictures in the custody of the Library; operation and maintenance of the American Folklife Center in the Library; preparation and distribution of catalog records and other publications of the Library; hire or purchase of one passenger motor vehicle; and expenses of the Library of Congress Trust Fund Board not properly chargeable to the income of any trust fund held by the Board, $419,030,000, of which not more than $6,000,000 shall be derived from collections credited to this appropriation during fiscal year 2009, and shall remain available until expended, under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480;
Copyright Office
SALARIES AND EXPENSES
For necessary expenses of the Copyright Office, $51,592,000, of which not more than $28,751,000, to remain available until expended, shall be derived from collections credited to this appropriation during fiscal year 2009 under
Congressional Research Service
SALARIES AND EXPENSES
For necessary expenses to carry out the provisions of section 203 of the Legislative Reorganization Act of 1946 (
Books for the Blind and Physically Handicapped
SALARIES AND EXPENSES
For salaries and expenses to carry out the Act of March 3, 1931 (chapter 400; 46 Stat. 1487;
Administrative Provisions
SEC. 1201. INCENTIVE AWARDS PROGRAM- Of the amounts appropriated to the Library of Congress in this Act, not more than $5,000 may be expended, on the certification of the Librarian of Congress, in connection with official representation and reception expenses for the incentive awards program.CommentsClose CommentsPermalink
SEC. 1202. REIMBURSABLE AND REVOLVING FUND ACTIVITIES. (a) IN GENERAL- For fiscal year 2009, the obligational authority of the Library of Congress for the activities described in subsection (b) may not exceed $134,212,000.CommentsClose CommentsPermalink
(b) ACTIVITIES- The activities referred to in subsection (a) are reimbursable and revolving fund activities that are funded from sources other than appropriations to the Library in appropriations Acts for the legislative branch.CommentsClose CommentsPermalink
(c) TRANSFER OF FUNDS- During fiscal year 2009, the Librarian of Congress may temporarily transfer funds appropriated in this Act, under the heading ‘Library of Congress’, under the subheading ‘Salaries and expenses’, to the revolving fund for the FEDLINK Program and the Federal Research Program established under section 103 of the Library of Congress Fiscal Operations Improvement Act of 2000 (
SEC. 1203. TRANSFER AUTHORITY. (a) IN GENERAL- Amounts appropriated for fiscal year 2009 for the Library of Congress may be transferred during fiscal year 2009 between any of the headings under the heading ‘Library of Congress’ upon the approval of the Committees on Appropriations of the Senate and the House of Representatives.CommentsClose CommentsPermalink
(b) LIMITATION- Not more than 10 percent of the total amount of funds appropriated to the account under any heading under the heading ‘Library of Congress’ for fiscal year 2009 may be transferred from that account by all transfers made under subsection (a).CommentsClose CommentsPermalink
SEC. 1204. ABRAHAM LINCOLN BICENTENNIAL COMMISSION. Section 5(d) of the Abraham Lincoln Bicentennial Commission Act (36 U.S.C. note prec. 101;
GOVERNMENT PRINTING OFFICE
Congressional Printing and Binding
(INCLUDING TRANSFER OF FUNDS)
For authorized printing and binding for the Congress and the distribution of Congressional information in any format; printing and binding for the Architect of the Capitol; expenses necessary for preparing the semimonthly and session index to the Congressional Record, as authorized by law (
Office of Superintendent of Documents
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For expenses of the Office of Superintendent of Documents necessary to provide for the cataloging and indexing of Government publications and their distribution to the public, Members of Congress, other Government agencies, and designated depository and international exchange libraries as authorized by law, $38,744,000: Provided, That amounts of not more than $2,000,000 from current year appropriations are authorized for producing and disseminating Congressional serial sets and other related publications for fiscal years 2007 and 2008 to depository and other designated libraries: Provided further, That any unobligated or unexpended balances in this account or accounts for similar purposes for preceding fiscal years may be transferred to the Government Printing Office revolving fund for carrying out the purposes of this heading, subject to the approval of the Committees on Appropriations of the House of Representatives and Senate.CommentsClose CommentsPermalink
Government Printing Office Revolving Fund
For payment to the Government Printing Office Revolving Fund, $4,995,000 for information technology development and facilities repair: Provided, That the Government Printing Office is hereby authorized to make such expenditures, within the limits of funds available and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by
GOVERNMENT ACCOUNTABILITY OFFICE
SALARIES AND EXPENSES
For necessary expenses of the Government Accountability Office, including not more than $12,500 to be expended on the certification of the Comptroller General of the United States in connection with official representation and reception expenses; temporary or intermittent services under
Administrative Provision
SEC. 1301. REPEAL AND MODIFICATION OF CERTAIN REPORTING REQUIREMENTS. (a) Spectrum Relocation Fund Transfers- Section 118(e)(1)(B) of the National Telecommunications and Information Administration Organization Act (
(1) in clause (ii) by adding ‘and’ after the semicolon;CommentsClose CommentsPermalink
(2) in clause (iii) by striking ‘; and’ and inserting a period; andCommentsClose CommentsPermalink
(3) by striking clause (iv).CommentsClose CommentsPermalink
(b) Use of Funds in Projects Constructed Under Projected Cost- Section 211(d) of the Public Works and Economic Development Act of 1965 (
‘(d) Review by Comptroller General- The Comptroller General of the United States shall regularly review the implementation of this section.’.CommentsClose CommentsPermalink
(c) GAO Study and Report on Impact of Safe Harbor on Medigap Policies- Section 5201(b)(2) of title V of division J of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (
(d) GAO Report on Date Rape Drug Campaign- Section 7(b)(3) of the Hillary J. Farias and Samantha Reid Date-Rape Drug Prohibition Act of 2000 (
(e) Inspector General Audit and GAO Report on Enrollees Eligible for Medicaid- Section 2108(d) of the Social Security Act (
(1) in the heading by striking ‘and GAO Report’; andCommentsClose CommentsPermalink
(2) by striking paragraph (3).CommentsClose CommentsPermalink
(f) GAO Report on MA Regional Plan Stabilization Fund- Section 1858(e)(7) of the Social Security Act (
(g) Breast Implants; Study by Comptroller General- Section 214 of the Medical Device User Fee and Modernization Act of 2002 (
(h) Disposition of Rights-
(1) by striking paragraph (3); andCommentsClose CommentsPermalink
(2) by redesignating paragraph (4) as paragraph (3).CommentsClose CommentsPermalink
OPEN WORLD LEADERSHIP CENTER TRUST FUND
For a payment to the Open World Leadership Center Trust Fund for financing activities of the Open World Leadership Center under section 313 of the Legislative Branch Appropriations Act, 2001 (
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
For payment to the John C. Stennis Center for Public Service Development Trust Fund established under section 116 of the John C. Stennis Center for Public Service Training and Development Act (
TITLE II
GENERAL PROVISIONS
SEC. 201. MAINTENANCE AND CARE OF PRIVATE VEHICLES. No part of the funds appropriated in this Act shall be used for the maintenance or care of private vehicles, except for emergency assistance and cleaning as may be provided under regulations relating to parking facilities for the House of Representatives issued by the Committee on House Administration and for the Senate issued by the Committee on Rules and Administration.CommentsClose CommentsPermalink
SEC. 202. FISCAL YEAR LIMITATION. No part of the funds appropriated in this Act shall remain available for obligation beyond fiscal year 2009 unless expressly so provided in this Act.CommentsClose CommentsPermalink
SEC. 203. RATES OF COMPENSATION AND DESIGNATION. Whenever in this Act any office or position not specifically established by the Legislative Pay Act of 1929 (46 Stat. 32 et seq.) is appropriated for or the rate of compensation or designation of any office or position appropriated for is different from that specifically established by such Act, the rate of compensation and the designation in this Act shall be the permanent law with respect thereto: Provided, That the provisions in this Act for the various items of official expenses of Members, officers, and committees of the Senate and House of Representatives, and clerk hire for Senators and Members of the House of Representatives shall be the permanent law with respect thereto.CommentsClose CommentsPermalink
SEC. 204. CONSULTING SERVICES. The expenditure of any appropriation under this Act for any consulting service through procurement contract, under
SEC. 205. AWARDS AND SETTLEMENTS. Such sums as may be necessary are appropriated to the account described in subsection (a) of section 415 of the Congressional Accountability Act of 1995 (
SEC. 206. COSTS OF LBFMC. Amounts available for administrative expenses of any legislative branch entity which participates in the Legislative Branch Financial Managers Council (LBFMC) established by charter on March 26, 1996, shall be available to finance an appropriate share of LBFMC costs as determined by the LBFMC, except that the total LBFMC costs to be shared among all participating legislative branch entities (in such allocations among the entities as the entities may determine) may not exceed $2,000.CommentsClose CommentsPermalink
SEC. 207. LANDSCAPE MAINTENANCE. The Architect of the Capitol, in consultation with the District of Columbia, is authorized to maintain and improve the landscape features, excluding streets in the irregular shaped grassy areas bounded by Washington Avenue SW on the northeast, Second Street SW on the west, Square 582 on the south, and the beginning of the I-395 tunnel on the southeast.CommentsClose CommentsPermalink
SEC. 208. LIMITATION ON TRANSFERS. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriation Act.CommentsClose CommentsPermalink
SEC. 209. GUIDED TOURS OF THE CAPITOL. (a) Except as provided in subsection (b), none of the funds made available to the Architect of the Capitol in this Act may be used to eliminate guided tours of the United States Capitol which are led by employees and interns of offices of Members of Congress and other offices of the House of Representatives and Senate.CommentsClose CommentsPermalink
(b) At the direction of the Capitol Police Board, or at the direction of the Architect of the Capitol with the approval of the Capitol Police Board, guided tours of the United States Capitol which are led by employees and interns described in subsection (a) may be suspended temporarily or otherwise subject to restriction for security or related reasons to the same extent as guided tours of the United States Capitol which are led by the Architect of the Capitol.CommentsClose CommentsPermalink
SEC. 210. LIMITATION ON CERTAIN INSPECTORS GENERAL AUTHORITY TO USE FIREARMS. None of the funds made available in this Act may be used by the Inspector General of the Architect of the Capitol or the Inspector General of the Library of Congress to purchase, maintain, or carry any firearm.CommentsClose CommentsPermalink
This division may be cited as the ‘Legislative Branch Appropriations Act, 2009’.CommentsClose CommentsPermalink
DIVISION H--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2009
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Department of State and the Foreign Service not otherwise provided for, $5,360,318,000, of which $1,117,000,000 is for Worldwide Security Protection (to remain available until expended), to be allocated as follows:CommentsClose CommentsPermalink
(1) HUMAN RESOURCES- For necessary expenses for training, human resources management, and salaries, including employment without regard to civil service and classification laws of persons on a temporary basis (not to exceed $700,000), as authorized by section 801 of the United States Information and Educational Exchange Act of 1948, $2,118,598,000 to remain available until September 30, 2010, of which not less than $130,637,000 shall be available only for public diplomacy American salaries.CommentsClose CommentsPermalink
(2) OVERSEAS PROGRAMS- For necessary expenses for the regional bureaus of the Department of State and overseas activities as authorized by law, $1,548,617,000, to remain available until September 30, 2010, of which not less than $264,169,000 shall be available only for public diplomacy international information programs.CommentsClose CommentsPermalink
(3) DIPLOMATIC POLICY AND SUPPORT- For necessary expenses for the functional bureaus of the Department of State including representation to certain international organizations in which the United States participates pursuant to treaties ratified pursuant to the advice and consent of the Senate or specific Acts of Congress, general administration, and arms control, nonproliferation and disarmament activities as authorized, $585,078,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
(4) SECURITY PROGRAMS- For necessary expenses for security activities, $1,108,025,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
(5) FEES AND PAYMENTS COLLECTED- In addition to amounts otherwise made available under this heading--CommentsClose CommentsPermalink
(A) not to exceed $1,605,150 shall be derived from fees collected from other executive agencies for lease or use of facilities located at the International Center in accordance with section 4 of the International Center Act, and, in addition, as authorized by section 5 of such Act, $490,000, to be derived from the reserve authorized by that section, to be used for the purposes set out in that section;CommentsClose CommentsPermalink
(B) as authorized by section 810 of the United States Information and Educational Exchange Act, not to exceed $6,000,000, to remain available until expended, may be credited to this appropriation from fees or other payments received from English teaching, library, motion pictures, and publication programs and from fees from educational advising and counseling and exchange visitor programs; andCommentsClose CommentsPermalink
(C) not to exceed $15,000, which shall be derived from reimbursements, surcharges and fees for use of Blair House facilities.CommentsClose CommentsPermalink
(6) TRANSFER AND REPROGRAMMING-CommentsClose CommentsPermalink
(A) Notwithstanding any provision of this Act, funds may be reprogrammed within and between subsections under this heading subject to section 7015 of this Act.CommentsClose CommentsPermalink
(B) Of the amount made available under this heading, not to exceed $10,000,000 may be transferred to, and merged with, funds made available by this Act under the heading ‘Emergencies in the Diplomatic and Consular Service’, to be available only for emergency evacuations and rewards, as authorized.CommentsClose CommentsPermalink
(C) Funds appropriated under this heading are available for acquisition by exchange or purchase of passenger motor vehicles as authorized by law and, pursuant to
CIVILIAN STABILIZATION INITIATIVE
For necessary expenses to establish, support, maintain, mobilize, and deploy a civilian response corps in coordination with the United States Agency for International Development, and for related reconstruction and stabilization assistance to prevent or respond to conflict or civil strife in foreign countries or regions, or to enable transition from such strife, $45,000,000, to remain available until expended: Provided, That up to $23,014,000 may be made available in fiscal year 2009 to provide administrative expenses for the Office of the Coordinator for Reconstruction and Stabilization: Provided further, That notwithstanding any other provision of law and following consultation with the Committees on Appropriations, the President may exercise transfer authorities contained in the Foreign Assistance Act of 1961 for reconstruction and stabilization assistance managed by the Office of the Coordinator for Reconstruction and Stabilization, United States Department of State, only to support an actively deployed civilian response corps, subject to the regular notification procedures of the Committees on Appropriations: Provided further, That not later than 60 days after enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development shall submit a coordinated joint spending plan for funds made available under this heading and under the heading ‘Civilian Stabilization Initiative’ in title II of this Act.CommentsClose CommentsPermalink
CAPITAL INVESTMENT FUND
For necessary expenses of the Capital Investment Fund, $71,000,000, to remain available until expended, as authorized: Provided, That section 135(e) of
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General, $37,000,000, notwithstanding section 209(a)(1) of the Foreign Service Act of 1980 (
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
For expenses of educational and cultural exchange programs, as authorized, $538,000,000, to remain available until expended: Provided, That not to exceed $5,000,000, to remain available until expended, may be credited to this appropriation from fees or other payments received from or in connection with English teaching, educational advising and counseling programs, and exchange visitor programs as authorized.CommentsClose CommentsPermalink
REPRESENTATION ALLOWANCES
For representation allowances as authorized, $8,175,000.CommentsClose CommentsPermalink
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the Secretary of State to provide for extraordinary protective services, as authorized, $22,814,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
For necessary expenses for carrying out the Foreign Service Buildings Act of 1926 (
In addition, for the costs of worldwide security upgrades, acquisition, and construction as authorized, $770,000,000, to remain available until expended: Provided, That funds made available by this paragraph may not be obligated until a plan is submitted to the Committees on Appropriations with the proposed allocation of funds made available by this Act and by proceeds of sales for all projects in fiscal year 2009: Provided further, That the Under Secretary for Management, United States Department of State, shall consult with the Committees on Appropriations on a regular and ongoing basis on the design of any proposed self-financed New Embassy Compound.CommentsClose CommentsPermalink
In addition, for necessary expenses for overseas facility construction and related costs for the United States Agency for International Development, pursuant to section 667 of the Foreign Assistance Act of 1961, $135,225,000, to remain available until expended.CommentsClose CommentsPermalink
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to enable the Secretary of State to meet unforeseen emergencies arising in the Diplomatic and Consular Service, $9,000,000, to remain available until expended as authorized, of which not to exceed $1,000,000 may be transferred to, and merged with, funds appropriated by this Act under the heading ‘Repatriation Loans Program Account’, subject to the same terms and conditions.CommentsClose CommentsPermalink
BUYING POWER MAINTENANCE ACCOUNT
To offset adverse fluctuations in foreign currency exchange rates and/or overseas wage and price changes, as authorized by section 24(b) of the State Department Basic Authorities Act of 1956 (
REPATRIATION LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans, $678,000, as authorized: 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.CommentsClose CommentsPermalink
In addition, for administrative expenses necessary to carry out the direct loan program, $675,000, which may be transferred to, and merged with, funds made available under the heading ‘Diplomatic and Consular Programs’.CommentsClose CommentsPermalink
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
For necessary expenses to carry out the Taiwan Relations Act (
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
For payment to the Foreign Service Retirement and Disability Fund, as authorized by law, $157,100,000.CommentsClose CommentsPermalink
International Organizations
contributions to international organizations
For necessary expenses, not otherwise provided for, to meet annual obligations of membership in international multilateral organizations, pursuant to treaties ratified pursuant to the advice and consent of the Senate, conventions or specific Acts of Congress, $1,529,400,000: Provided, That the Secretary of State shall, at the time of the submission of the President’s budget to Congress under
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
For necessary expenses to pay assessed and other expenses of international peacekeeping activities directed to the maintenance or restoration of international peace and security, $1,517,000,000, of which 15 percent shall remain available until September 30, 2010: Provided, That none of the funds made available by this Act shall be obligated or expended for any new or expanded United Nations peacekeeping mission unless, at least 15 days in advance of voting for the new or expanded mission in the United Nations Security Council (or in an emergency as far in advance as is practicable): (1) the Committees on Appropriations are notified of the estimated cost and length of the mission, the national interest that will be served, and the planned exit strategy; (2) the Committees on Appropriations are notified that the United Nations has taken appropriate measures to prevent United Nations employees, contractor personnel, and peacekeeping forces serving in any United Nations peacekeeping mission from trafficking in persons, exploiting victims of trafficking, or committing acts of illegal sexual exploitation, and to hold accountable individuals who engage in such acts while participating in the peacekeeping mission, including the prosecution in their home countries of such individuals in connection with such acts; and (3) notification pursuant to section 7015 of this Act is submitted, and the procedures therein followed, setting forth the source of funds that will be used to pay for the cost of the new or expanded mission: Provided further, That funds shall be available for peacekeeping expenses only upon a certification by the Secretary of State to the Committees on Appropriations that American manufacturers and suppliers are being given opportunities to provide equipment, services, and material for United Nations peacekeeping activities equal to those being given to foreign manufacturers and suppliers.CommentsClose CommentsPermalink
International Commissions
For necessary expenses, not otherwise provided for, to meet obligations of the United States arising under treaties, or specific Acts of Congress, as follows:CommentsClose CommentsPermalink
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the International Boundary and Water Commission, United States and Mexico, and to comply with laws applicable to the United States Section, including not to exceed $6,000 for representation; as follows:CommentsClose CommentsPermalink
SALARIES AND EXPENSES
For salaries and expenses, not otherwise provided for, $32,256,000.CommentsClose CommentsPermalink
CONSTRUCTION
For detailed plan preparation and construction of authorized projects, $43,250,000, to remain available until expended, as authorized.CommentsClose CommentsPermalink
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
For necessary expenses, not otherwise provided, $11,649,000, of which $7,559,000 is for the International Joint Commission and $1,970,000 is for the International Boundary Commission, United States and Canada, as authorized by treaties between the United States and Canada or Great Britain, and $2,120,000 is for the Border Environment Cooperation Commission as authorized by
international fisheries commissions
For necessary expenses for international fisheries commissions, not otherwise provided for, as authorized by law, $29,925,000: Provided, That the United States share of such expenses may be advanced to the respective commissions pursuant to
RELATED AGENCY
Broadcasting Board of Governors
INTERNATIONAL BROADCASTING OPERATIONS
For necessary expenses to enable the Broadcasting Board of Governors, as authorized, to carry out international communication activities, including the purchase, rent, construction, and improvement of facilities for radio and television transmission and reception and purchase, lease, and installation of necessary equipment for radio and television transmission and reception to Cuba, and to make and supervise grants for radio and television broadcasting to the Middle East, $698,187,000: Provided, That of the total amount in this heading, not to exceed $16,000 may be used for official receptions within the United States as authorized, not to exceed $35,000 may be used for representation abroad as authorized, and not to exceed $39,000 may be used for official reception and representation expenses of Radio Free Europe/Radio Liberty; and in addition, notwithstanding any other provision of law, not to exceed $2,000,000 in receipts from advertising and revenue from business ventures, not to exceed $500,000 in receipts from cooperating international organizations, and not to exceed $1,000,000 in receipts from privatization efforts of the Voice of America and the International Broadcasting Bureau, to remain available until expended for carrying out authorized purposes.CommentsClose CommentsPermalink
BROADCASTING CAPITAL IMPROVEMENTS
For the purchase, rent, construction, and improvement of facilities for radio and television transmission and reception, and purchase and installation of necessary equipment for radio and television transmission and reception as authorized, $11,296,000, to remain available until expended, as authorized.CommentsClose CommentsPermalink
RELATED PROGRAMS
The Asia Foundation
For a grant to the Asia Foundation, as authorized by the Asia Foundation Act (
United States Institute of Peace
For necessary expenses of the United States Institute of Peace as authorized in the United States Institute of Peace Act, $31,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-Western Dialogue Trust Fund, the total amount of the interest and earnings accruing to such Fund on or before September 30, 2009, to remain available until expended.CommentsClose CommentsPermalink
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships, Incorporated, as authorized by sections 4 and 5 of the Eisenhower Exchange Fellowship Act of 1990 (
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship Program as authorized by section 214 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (
East-West Center
To enable the Secretary of State to provide for carrying out the provisions of the Center for Cultural and Technical Interchange Between East and West Act of 1960, by grant to the Center for Cultural and Technical Interchange Between East and West in the State of Hawaii, $21,000,000: Provided, That none of the funds appropriated herein shall be used to pay any salary, or enter into any contract providing for the payment thereof, in excess of the rate authorized by
National Endowment for Democracy
For grants made by the Department of State to the National Endowment for Democracy, as authorized by the National Endowment for Democracy Act, $115,000,000, to remain available until expended, of which $100,000,000 shall be allocated in the traditional and customary manner among the core institutes and $15,000,000 shall be for democracy, human rights, and rule of law programs, of which $250,000 shall be for programs and activities in Tibet: Provided, That the President of the National Endowment for Democracy shall provide to the Committees on Appropriations not later than 45 days after the date of enactment of this Act a report on the proposed uses of funds under this heading on a regional and country basis: Provided further, That funds made available by this Act for the promotion of democracy may be made available for the National Endowment for Democracy notwithstanding any other provision of law or regulation.CommentsClose CommentsPermalink
OTHER COMMISSIONS
Commission for the Preservation of America’s Heritage Abroad
SALARIES AND EXPENSES
For necessary expenses for the Commission for the Preservation of America’s Heritage Abroad, $599,000, as authorized by section 1303 of
Commission on International Religious Freedom
SALARIES AND EXPENSES
For necessary expenses for the United States Commission on International Religious Freedom, as authorized by title II of the International Religious Freedom Act of 1998 (
Commission on Security and Cooperation in Europe
SALARIES AND EXPENSES
For necessary expenses of the Commission on Security and Cooperation in Europe, as authorized by
Congressional-Executive Commission on the People’s Republic of China
SALARIES AND EXPENSES
For necessary expenses of the Congressional-Executive Commission on the People’s Republic of China, as authorized, $2,000,000, including not more than $3,000 for the purpose of official representation, to remain available until September 30, 2010.CommentsClose CommentsPermalink
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic and Security Review Commission, $4,000,000, including not more than $4,000 for the purpose of official representation, to remain available until September 30, 2010: Provided, That the Commission shall provide to the Committees on Appropriations a quarterly accounting of the cumulative balances of any unobligated funds that were received by the Commission during any previous fiscal year: Provided further, That section 308(e) of the United States-China Relations Act of 2000 (
United States Senate-China Interparliamentary Group
SALARIES AND EXPENSES
For necessary expenses of the United States Senate-China Interparliamentary Group, as authorized under section 153 of the Consolidated Appropriations Act, 2004 (
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of section 667 of the Foreign Assistance Act of 1961, $808,584,000, of which up to $85,000,000 may remain available until September 30, 2010: Provided, That none of the funds appropriated under this heading and under the heading ‘Capital Investment Fund’ in this Act may be made available to finance the construction (including architect and engineering services), purchase, or long-term lease of offices for use by the United States Agency for International Development (USAID), unless the USAID Administrator has identified such proposed construction (including architect and engineering services), purchase, or long-term lease of offices in a report submitted to the Committees on Appropriations at least 15 days prior to the obligation of funds for such purposes: Provided further, That the previous proviso shall not apply when the total cost of construction (including architect and engineering services), purchase, or long-term lease of offices does not exceed $1,000,000: Provided further, That contracts or agreements entered into with funds appropriated under this heading may entail commitments for the expenditure of such funds through fiscal year 2010: Provided further, That any decision to open a new USAID overseas mission or office or, except where there is a substantial security risk to mission personnel, to close or significantly reduce the number of personnel of any such mission or office, shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That the authority of sections 610 and 109 of the Foreign Assistance Act of 1961 may be exercised by the Secretary of State to transfer funds appropriated to carry out chapter 1 of part I of such Act to ‘Operating Expenses’ in accordance with the provisions of those sections: Provided further, That of the funds appropriated or made available under this heading, not to exceed $250,000 shall be available for representation and entertainment allowances, of which not to exceed $5,000 shall be available for entertainment allowances, for USAID during the current fiscal year: Provided further, That no such entertainment funds may be used for the purposes listed in section 7020 of this Act: Provided further, That appropriate steps shall be taken to assure that, to the maximum extent possible, United States-owned foreign currencies are utilized in lieu of dollars.CommentsClose CommentsPermalink
CIVILIAN STABILIZATION INITIATIVE
For necessary expenses to carry out section 667 of the Foreign Assistance Act of 1961 for the United States Agency for International Development (USAID) to establish, support, maintain, mobilize, and deploy a civilian response corps in coordination with the Department of State, and for related reconstruction and stabilization assistance to prevent or respond to conflict or civil strife in foreign countries or regions, or to enable transition from such strife, $30,000,000, to remain available until expended: Provided, That not later than 60 days after enactment of this Act, the Secretary of State and the USAID Administrator shall submit a coordinated joint spending plan for funds made available under this heading and under the heading ‘Civilian Stabilization Initiative’ in title I of this Act.CommentsClose CommentsPermalink
CAPITAL INVESTMENT FUND
For necessary expenses for overseas construction and related costs, and for the procurement and enhancement of information technology and related capital investments, pursuant to section 667 of the Foreign Assistance Act of 1961, $35,775,000, to remain available until expended: Provided, That this amount is in addition to funds otherwise available for such purposes: Provided further, That funds appropriated under this heading shall be available for obligation only pursuant to the regular notification procedures of the Committees on Appropriations.CommentsClose CommentsPermalink
OFFICE OF INSPECTOR GENERAL
For necessary expenses to carry out the provisions of section 667 of the Foreign Assistance Act of 1961, $42,000,000, to remain available until September 30, 2010, which sum shall be available for the Office of the Inspector General of the United States Agency for International Development.CommentsClose CommentsPermalink
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out the provisions of the Foreign Assistance Act of 1961, and for other purposes, to remain available until September 30, 2009, unless otherwise specified herein, as follows:CommentsClose CommentsPermalink
global health and child survival
(including transfer of funds)
For necessary expenses to carry out the provisions of chapters 1 and 10 of part I of the Foreign Assistance Act of 1961, for global health activities, in addition to funds otherwise available for such purposes, $1,955,000,000, to remain available until September 30, 2010, and which shall be apportioned directly to the United States Agency for International Development: Provided, That this amount shall be made available for such activities as: (1) child survival and maternal health programs; (2) immunization and oral rehydration programs; (3) other health, nutrition, water and sanitation programs which directly address the needs of mothers and children, and related education programs; (4) assistance for children displaced or orphaned by causes other than AIDS; (5) programs for the prevention, treatment, control of, and research on HIV/AIDS, tuberculosis, polio, malaria, and other infectious diseases, and for assistance to communities severely affected by HIV/AIDS, including children infected or affected by AIDS; and (6) family planning/reproductive health: Provided further, That none of the funds appropriated under this paragraph may be made available for nonproject assistance, except that funds may be made available for such assistance for ongoing health activities: Provided further, That of the funds appropriated under this paragraph, not to exceed $400,000, in addition to funds otherwise available for such purposes, may be used to monitor and provide oversight of child survival, maternal and family planning/reproductive health, and infectious disease programs: Provided further, That of the funds appropriated under this paragraph, $75,000,000 should be made available for a United States contribution to The GAVI Fund, and up to $5,000,000 may be transferred to, and merged with, funds appropriated by this Act under the heading ‘Operating Expenses’ in title II for costs directly related to global health, but funds made available for such costs may not be derived from amounts made available for contributions under this and preceding provisos: Provided further, That none of the funds made available in this Act nor any unobligated balances from prior appropriations Acts may be made available to any organization or program which, as determined by the President of the United States, supports or participates in the management of a program of coercive abortion or involuntary sterilization: Provided further, That any determination made under the previous proviso must be made no later than 6 months after the date of enactment of this Act, and must be accompanied by the evidence and criteria utilized to make the determination: Provided further, That none of the funds made available under this Act may be used to pay for the performance of abortion as a method of family planning or to motivate or coerce any person to practice abortions: Provided further, That nothing in this paragraph shall be construed to alter any existing statutory prohibitions against abortion under section 104 of the Foreign Assistance Act of 1961: Provided further, That none of the funds made available under this Act may be used to lobby for or against abortion: Provided further, That in order to reduce reliance on abortion in developing nations, funds shall be available only to voluntary family planning projects which offer, either directly or through referral to, or information about access to, a broad range of family planning methods and services, and that any such voluntary family planning project shall meet the following requirements: (1) service providers or referral agents in the project shall not implement or be subject to quotas, or other numerical targets, of total number of births, number of family planning acceptors, or acceptors of a particular method of family planning (this provision shall not be construed to include the use of quantitative estimates or indicators for budgeting and planning purposes); (2) the project shall not include payment of incentives, bribes, gratuities, or financial reward to: (A) an individual in exchange for becoming a family planning acceptor; or (B) program personnel for achieving a numerical target or quota of total number of births, number of family planning acceptors, or acceptors of a particular method of family planning; (3) the project shall not deny any right or benefit, including the right of access to participate in any program of general welfare or the right of access to health care, as a consequence of any individual’s decision not to accept family planning services; (4) the project shall provide family planning acceptors comprehensible information on the health benefits and risks of the method chosen, including those conditions that might render the use of the method inadvisable and those adverse side effects known to be consequent to the use of the method; and (5) the project shall ensure that experimental contraceptive drugs and devices and medical procedures are provided only in the context of a scientific study in which participants are advised of potential risks and benefits; and, not less than 60 days after the date on which the Administrator of the United States Agency for International Development determines that there has been a violation of the requirements contained in paragraph (1), (2), (3), or (5) of this proviso, or a pattern or practice of violations of the requirements contained in paragraph (4) of this proviso, the Administrator shall submit to the Committees on Appropriations a report containing a description of such violation and the corrective action taken by the Agency: Provided further, That in awarding grants for natural family planning under section 104 of the Foreign Assistance Act of 1961 no applicant shall be discriminated against because of such applicant’s religious or conscientious commitment to offer only natural family planning; and, additionally, all such applicants shall comply with the requirements of the previous proviso: Provided further, That for purposes of this or any other Act authorizing or appropriating funds for the Department of State, foreign operations, and related programs, the term ‘motivate’, as it relates to family planning assistance, shall not be construed to prohibit the provision, consistent with local law, of information or counseling about all pregnancy options: Provided further, That information provided about the use of condoms as part of projects or activities that are funded from amounts appropriated by this Act shall be medically accurate and shall include the public health benefits and failure rates of such use.CommentsClose CommentsPermalink
In addition, for necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 for the prevention, treatment, and control of, and research on, HIV/AIDS, $5,159,000,000, to remain available until expended, and which shall be apportioned directly to the Department of State: Provided, That of the funds appropriated under this paragraph, not less than $600,000,000 shall be made available, notwithstanding any other provision of law, except for the United States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 2003 (
development assistance
For necessary expenses to carry out the provisions of sections 103, 105, 106, and sections 251 through 255, and chapter 10 of part I of the Foreign Assistance Act of 1961, $1,800,000,000, to remain available until September 30, 2010: Provided, That of the funds appropriated under this heading that are made available for assistance programs for displaced and orphaned children and victims of war, not to exceed $44,000, in addition to funds otherwise available for such purposes, may be used to monitor and provide oversight of such programs: Provided further, That of the funds appropriated by this Act and prior Acts for fiscal year 2009, not less than $245,000,000 shall be made available for microenterprise and microfinance development programs for the poor, especially women: Provided further, That of the funds appropriated under this heading, not less than $22,500,000 shall be made available for the American Schools and Hospitals Abroad program: Provided further, That of the funds appropriated under this heading, $10,000,000 shall be made available for cooperative development programs within the Office of Private and Voluntary Cooperation: Provided further, That of the funds appropriated by this Act and prior Acts for fiscal year 2009, not less than $300,000,000 shall be made available for water and sanitation supply projects pursuant to the Senator Paul Simon Water for the Poor Act of 2005 (
INTERNATIONAL DISASTER ASSISTANCE
For necessary expenses to carry out the provisions of section 491 of the Foreign Assistance Act of 1961 for international disaster relief, rehabilitation, and reconstruction assistance, $350,000,000, to remain available until expended.CommentsClose CommentsPermalink
TRANSITION INITIATIVES
For necessary expenses for international disaster rehabilitation and reconstruction assistance pursuant to section 491 of the Foreign Assistance Act of 1961, $50,000,000, to remain available until expended, to support transition to democracy and to long-term development of countries in crisis: Provided, That such support may include assistance to develop, strengthen, or preserve democratic institutions and processes, revitalize basic infrastructure, and foster the peaceful resolution of conflict: Provided further, That the United States Agency for International Development shall submit a report to the Committees on Appropriations at least 5 days prior to beginning a new program of assistance: Provided further, That if the President determines that it is important to the national interests of the United States to provide transition assistance in excess of the amount appropriated under this heading, up to $15,000,000 of the funds appropriated by this Act to carry out the provisions of part I of the Foreign Assistance Act of 1961 may be used for purposes of this heading and under the authorities applicable to funds appropriated under this heading: Provided further, That funds made available pursuant to the previous proviso shall be made available subject to prior consultation with the Committees on Appropriations.CommentsClose CommentsPermalink
DEVELOPMENT CREDIT AUTHORITY
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans and loan guarantees provided by the United States Agency for International Development, as authorized by sections 256 and 635 of the Foreign Assistance Act of 1961, up to $25,000,000 may be derived by transfer from funds appropriated by this Act to carry out part I of such Act and under the heading ‘Assistance for Europe, Eurasia and Central Asia’: Provided, That funds provided under this paragraph and funds provided as a gift pursuant to section 635(d) of the Foreign Assistance Act of 1961 shall be made available only for micro and small enterprise programs, urban programs, and other programs which further the purposes of part I of such Act: Provided further, That such costs, including the cost of modifying such direct and guaranteed loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That funds made available by this paragraph may be used for the cost of modifying any such guaranteed loans under this Act or prior Acts, and funds used for such costs shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That the provisions of section 107A(d) (relating to general provisions applicable to the Development Credit Authority) of the Foreign Assistance Act of 1961, as contained in section 306 of H.R. 1486 as reported by the House Committee on International Relations on May 9, 1997, shall be applicable to direct loans and loan guarantees provided under this heading: Provided further, That these funds are available to subsidize total loan principal, any portion of which is to be guaranteed, of up to $700,000,000.CommentsClose CommentsPermalink
In addition, for administrative expenses to carry out credit programs administered by the United States Agency for International Development, $8,000,000, which may be transferred to, and merged with, funds made available under the heading ‘Operating Expenses’ in title II of this Act: Provided, That funds made available under this heading shall remain available until September 30, 2011.CommentsClose CommentsPermalink
economic support fund
(including transfer of funds)
For necessary expenses to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961, $3,007,000,000, to remain available until September 30, 2010: Provided, That of the funds appropriated under this heading, $200,000,000 shall be available only for Egypt, which sum shall be provided on a grant basis, and of which sum cash transfer assistance shall be provided with the understanding that Egypt will undertake significant economic and democratic reforms which are additional to those which were undertaken in previous fiscal years: Provided further, That of the funds appropriated under this heading for assistance for Egypt, up to $20,000,000 shall be made available for democracy, human rights and governance programs, and not less than $35,000,000 shall be made available for education programs, of which not less than $10,000,000 is for scholarships for Egyptian students with high financial need: Provided further, That $11,000,000 of the funds appropriated under this heading should be made available for Cyprus to be used only for scholarships, administrative support of the scholarship program, bicommunal projects, and measures aimed at reunification of the island and designed to reduce tensions and promote peace and cooperation between the two communities on Cyprus: Provided further, That of the funds appropriated under this heading, not less than $263,547,000 shall be made available for assistance for Jordan: Provided further, That of the funds appropriated under this heading not more than $75,000,000 may be made available for assistance for the West Bank and Gaza, of which not to exceed $2,000,000 may be used for administrative expenses of the United States Agency for International Development (USAID), in addition to funds otherwise available for such purposes, to carry out programs in the West Bank and Gaza: Provided further, That $67,500,000 of the funds appropriated under this heading shall be made available for assistance for Lebanon, of which not less than $10,000,000 shall be made available for educational scholarships for students in Lebanon with high financial need: Provided further, That $200,000,000 of the funds made available for assistance for Afghanistan under this heading may be obligated for such assistance only after the Secretary of State certifies to the Committees on Appropriations that the Government of Afghanistan at both the national and provincial level is cooperating fully with United States-funded poppy eradication and interdiction efforts in Afghanistan: Provided further, That the President may waive the previous proviso if the President determines and reports to the Committees on Appropriations that to do so is in the national security interests of the United States: Provided further, That of the funds appropriated under this heading, $200,000,000 shall be apportioned directly to USAID for alternative development/institution building programs in Colombia: Provided further, That of the funds appropriated under this heading that are available for Colombia, not less than $3,500,000 shall be transferred to, and merged with, funds appropriated under the heading ‘Migration and Refugee Assistance’ and shall be made available only for assistance to nongovernmental organizations that provide emergency relief aid to Colombian refugees in neighboring countries.CommentsClose CommentsPermalink
DEMOCRACY FUND
(a) For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 for the promotion of democracy globally, $116,000,000, to remain available until September 30, 2011, of which not less than $74,000,000 shall be made available for the Human Rights and Democracy Fund of the Bureau of Democracy, Human Rights and Labor, Department of State, and not less than $37,000,000 shall be made available for the Office of Democracy and Governance of the Bureau for Democracy, Conflict, and Humanitarian Assistance, United States Agency for International Development.CommentsClose CommentsPermalink
(b) Of the funds appropriated under this heading that are made available to the Bureau of Democracy, Human Rights and Labor, not less than $17,000,000 shall be made available for the promotion of democracy in the People’s Republic of China, Hong Kong, and Taiwan, and not less than $6,500,000 shall be made available for the promotion of democracy in countries located outside the Middle East region with a significant Muslim population, and where such programs and activities would be important to respond to, deter, or prevent extremism: Provided, That assistance for Taiwan should be matched from sources other than the United States Government.CommentsClose CommentsPermalink
(c) Of the funds appropriated under this heading that are made available to the Bureau for Democracy, Conflict, and Humanitarian Assistance, not less than $19,500,000 shall be made available for the Elections and Political Process Fund, $7,500,000 shall be made available for international labor programs, and not less than $10,000,000 shall be made available to provide institutional and core support for organizations that promote human rights, independent media and the rule of law.CommentsClose CommentsPermalink
(d) Funds appropriated by this Act that are made available for the promotion of democracy may be made available notwithstanding any other provision of law. Funds appropriated under this heading are in addition to funds otherwise made available for such purposes.CommentsClose CommentsPermalink
(e) For the purposes of funds appropriated by this Act, the term ‘promotion of democracy’ means programs that support good governance, human rights, independent media, and the rule of law, and otherwise strengthen the capacity of democratic political parties, governments, nongovernmental organizations and institutions, and citizens to support the development of democratic states, institutions, and practices that are responsive and accountable to citizens.CommentsClose CommentsPermalink
(f) Any contract, grant, or cooperative agreement (or any amendment to any contract, grant, or cooperative agreement) in excess of $1,000,000 of funds under this heading, and in excess of $2,500,000 under other headings in this Act, for the promotion of democracy, with the exception of programs and activities of the National Endowment for Democracy, shall be subject to the regular notification procedures of the Committees on Appropriations.CommentsClose CommentsPermalink
international fund for ireland
For necessary expenses to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961, $15,000,000, which shall be available for the United States contribution to the International Fund for Ireland and shall be made available in accordance with the provisions of the Anglo-Irish Agreement Support Act of 1986 (
ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA
For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961, the FREEDOM Support Act, and the Support for East European Democracy (SEED) Act of 1989, $650,000,000, to remain available until September 30, 2010, which shall be available, notwithstanding any other provision of law, for assistance and for related programs for countries identified in section 3 of the FREEDOM Support Act and section 3(c) of the SEED Act: Provided, That funds appropriated under this heading shall be considered to be economic assistance under the Foreign Assistance Act of 1961 for purposes of making available the administrative authorities contained in that Act for the use of economic assistance: Provided further, That notwithstanding any provision of this or any other Act, funds appropriated in prior years under the headings ‘Independent States of the Former Soviet Union’ and similar headings and ‘Assistance for Eastern Europe and the Baltic States’ and similar headings, and currencies generated by or converted from such funds, shall be available for use in any country for which funds are made available under this heading without regard to the geographic limitations of the heading under which such funds were originally appropriated: Provided further, That funds made available for the Southern Caucasus region may be used for confidence-building measures and other activities in furtherance of the peaceful resolution of conflicts, including in Nagorno-Karabagh.CommentsClose CommentsPermalink
Department of State
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
For necessary expenses to carry out section 481 of the Foreign Assistance Act of 1961, $875,000,000, to remain available until September 30, 2010: Provided, That during fiscal year 2009, the Department of State may also use the authority of section 608 of the Foreign Assistance Act of 1961, without regard to its restrictions, to receive excess property from an agency of the United States Government for the purpose of providing it to a foreign country or international organization under chapter 8 of part I of that Act subject to the regular notification procedures of the Committees on Appropriations: Provided further, That the Secretary of State shall provide to the Committees on Appropriations not later than 45 days after the date of the enactment of this Act and prior to the initial obligation of funds appropriated under this heading, a report on the proposed uses of all funds under this heading on a country-by-country basis for each proposed program, project, or activity: Provided further, That none of the funds appropriated under this heading for assistance for Afghanistan may be made available for eradication programs through the aerial spraying of herbicides unless the Secretary of State determines and reports to the Committees on Appropriations that the President of Afghanistan has requested assistance for such aerial spraying programs for counternarcotics or counterterrorism purposes: Provided further, That in the event the Secretary of State makes a determination pursuant to the previous proviso, the Secretary shall consult with the Committees on Appropriations prior to the obligation of funds for such eradication programs: Provided further, That of the funds appropriated under this heading, $5,000,000 should be made available to combat piracy of United States copyrighted materials, consistent with the requirements of section 688(a) and (b) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008 (division J of
ANDEAN COUNTERDRUG PROGRAMS
For necessary expenses to carry out section 481 of the Foreign Assistance Act of 1961 to support counterdrug activities in the Andean region of South America, $315,000,000, to remain available until September 30, 2010: Provided, That the Secretary of State, in consultation with the Administrator of the United States Agency for International Development (USAID), shall provide to the Committees on Appropriations not later than 45 days after the date of the enactment of this Act and prior to the initial obligation of funds appropriated under this heading, a report on the proposed uses of all funds under this heading on a country-by-country basis for each proposed program, project, or activity: Provided further, That section 482(b) of the Foreign Assistance Act of 1961 shall not apply to funds appropriated under this heading: Provided further, That assistance provided with funds appropriated under this heading that is made available notwithstanding section 482(b) of the Foreign Assistance Act of 1961 shall be made available subject to the regular notification procedures of the Committees on Appropriations: Provided further, That funds appropriated under this heading that are made available for assistance for the Bolivian military and police may be made available for such purposes only if the Secretary of State certifies to the Committees on Appropriations that the Bolivian military and police are respecting internationally recognized human rights and cooperating fully with investigations and prosecutions by civilian judicial authorities of military and police personnel who have been credibly alleged to have violated such rights: Provided further, That of the funds appropriated under this heading, not more than $16,730,000 may be available for administrative expenses of the Department of State, and not more than $8,000,000 of the funds made available for alternative development/institution building programs under the heading ‘Economic Support Fund’ in this Act may be available, in addition to amounts otherwise available for such purposes, for administrative expenses of USAID.CommentsClose CommentsPermalink
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
For necessary expenses for nonproliferation, anti-terrorism, demining and related programs and activities, $525,000,000, to carry out the provisions of chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-terrorism assistance, chapter 9 of part II of the Foreign Assistance Act of 1961, section 504 of the FREEDOM Support Act, section 23 of the Arms Export Control Act or the Foreign Assistance Act of 1961 for demining activities, the clearance of unexploded ordnance, the destruction of small arms, and related activities, notwithstanding any other provision of law, including activities implemented through nongovernmental and international organizations, and section 301 of the Foreign Assistance Act of 1961 for a voluntary contribution to the International Atomic Energy Agency (IAEA), and for a United States contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory Commission: Provided, That of this amount not to exceed $41,000,000, to remain available until expended, may be made available for the Nonproliferation and Disarmament Fund, notwithstanding any other provision of law, to promote bilateral and multilateral activities relating to nonproliferation and disarmament: Provided further, That such funds may also be used for such countries other than the Independent States of the former Soviet Union and international organizations when it is in the national security interest of the United States to do so: Provided further, That funds appropriated under this heading may be made available for IAEA only if the Secretary of State determines (and so reports to the Congress) that Israel is not being denied its right to participate in the activities of that Agency: Provided further, That of the funds appropriated under this heading, not more than $750,000 may be made available for public-private partnerships for conventional weapons and mine action by grant, cooperative agreement or contract: Provided further, That of the funds made available for demining and related activities, not to exceed $700,000, in addition to funds otherwise available for such purposes, may be used for administrative expenses related to the operation and management of the demining program: Provided further, That funds appropriated under this heading that are available for ‘Anti-terrorism Assistance’ and ‘Export Control and Border Security’ shall remain available until September 30, 2010.CommentsClose CommentsPermalink
migration and refugee assistance
For necessary expenses, not otherwise provided for, to enable the Secretary of State to provide, as authorized by law, a contribution to the International Committee of the Red Cross, assistance to refugees, including contributions to the International Organization for Migration and the United Nations High Commissioner for Refugees, and other activities to meet refugee and migration needs; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1980; allowances as authorized by sections 5921 through 5925 of title 5, United States Code; purchase and hire of passenger motor vehicles; and services as authorized by
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND
For necessary expenses to carry out the provisions of section 2(c) of the Migration and Refugee Assistance Act of 1962, as amended (
Independent Agencies
PEACE CORPS
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of the Peace Corps Act (75 Stat. 612), including the purchase of not to exceed five passenger motor vehicles for administrative purposes for use outside of the United States, $340,000,000 to remain available until September 30, 2010: Provided, That none of the funds appropriated under this heading shall be used to pay for abortions: Provided further, That the Director of the Peace Corps may transfer to the Foreign Currency Fluctuations Account, as authorized by
MILLENNIUM CHALLENGE CORPORATION
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of the Millennium Challenge Act of 2003, $875,000,000 to remain available until expended: Provided, That of the funds appropriated under this heading, up to $95,000,000 may be available for administrative expenses of the Millennium Challenge Corporation (the Corporation): Provided further, That up to 10 percent of the funds appropriated under this heading may be made available to carry out the purposes of section 616 of the Millennium Challenge Act of 2003 for candidate countries for fiscal year 2009: Provided further, That none of the funds available to carry out section 616 of such Act may be made available until the Chief Executive Officer of the Corporation provides a report to the Committees on Appropriations listing the candidate countries that will be receiving assistance under section 616 of such Act, the level of assistance proposed for each such country, a description of the proposed programs, projects and activities, and the implementing agency or agencies of the United States Government: Provided further, That section 605(e)(4) of the Millennium Challenge Act of 2003 shall apply to funds appropriated under this heading: Provided further, That funds appropriated under this heading may be made available for a Millennium Challenge Compact entered into pursuant to section 609 of the Millennium Challenge Act of 2003 only if such Compact obligates, or contains a commitment to obligate subject to the availability of funds and the mutual agreement of the parties to the Compact to proceed, the entire amount of the United States Government funding anticipated for the duration of the Compact: Provided further, That the Corporation should reimburse the United States Agency for International Development (USAID) for all expenses incurred by USAID with funds appropriated under this heading in assisting the Corporation in carrying out the Millennium Challenge Act of 2003 (
INTER-AMERICAN FOUNDATION
For necessary expenses to carry out the functions of the Inter-American Foundation in accordance with the provisions of section 401 of the Foreign Assistance Act of 1969, $22,500,000, to remain available until September 30, 2010: Provided, That of the funds appropriated under this heading, not to exceed $3,000 shall be available for entertainment and representation allowances.CommentsClose CommentsPermalink
AFRICAN DEVELOPMENT FOUNDATION
For necessary expenses to carry out title V of the International Security and Development Cooperation Act of 1980 (
Department of the Treasury
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
For necessary expenses to carry out the provisions of section 129 of the Foreign Assistance Act of 1961, $25,000,000, to remain available until September 30, 2011, which shall be available notwithstanding any other provision of law.CommentsClose CommentsPermalink
DEBT RESTRUCTURING
For the cost, as defined in section 502 of the Congressional Budget Act of 1974, of modifying loans and loan guarantees, as the President may determine, for which funds have been appropriated or otherwise made available for programs within the International Affairs Budget Function 150, including the cost of selling, reducing, or canceling amounts owed to the United States as a result of concessional loans made to eligible countries, pursuant to parts IV and V of the Foreign Assistance Act of 1961, of modifying concessional credit agreements with least developed countries, as authorized under section 411 of the Agricultural Trade Development and Assistance Act of 1954, as amended, of concessional loans, guarantees and credit agreements, as authorized under section 572 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 (
(1) the Inter-American Development Bank;CommentsClose CommentsPermalink
(2) the African Development Fund;CommentsClose CommentsPermalink
(3) the African Development Bank; andCommentsClose CommentsPermalink
(4) the Central American Bank for Economic Integration:CommentsClose CommentsPermalink
Provided further, That funds may not be paid to the HIPC Trust Fund for the benefit of any country if the Secretary of State has credible evidence that the government of such country is engaged in a consistent pattern of gross violations of internationally recognized human rights or in military or civil conflict that undermines its ability to develop and implement measures to alleviate poverty and to devote adequate human and financial resources to that end: Provided further, That on the basis of final appropriations, the Secretary of the Treasury shall consult with the Committees on Appropriations concerning which countries and international financial institutions are expected to benefit from a United States contribution to the HIPC Trust Fund during the fiscal year: Provided further, That the Secretary of the Treasury shall notify the Committees on Appropriations not less than 15 days in advance of the signature of an agreement by the United States to make payments to the HIPC Trust Fund of amounts for such countries and institutions: Provided further, That the Secretary of the Treasury may disburse funds designated for debt reduction through the HIPC Trust Fund only for the benefit of countries that--CommentsClose CommentsPermalink
(1) have committed, for a period of 24 months, not to accept new market-rate loans from the international financial institution receiving debt repayment as a result of such disbursement, other than loans made by such institutions to export-oriented commercial projects that generate foreign exchange which are generally referred to as ‘enclave’ loans; andCommentsClose CommentsPermalink
(2) have documented and demonstrated their commitment to redirect their budgetary resources from international debt repayments to programs to alleviate poverty and promote economic growth that are additional to or expand upon those previously available for such purposes:CommentsClose CommentsPermalink
Provided further, That any limitation of subsection (e) of section 411 of the Agricultural Trade Development and Assistance Act of 1954 shall not apply to funds appropriated under this heading: Provided further, That none of the funds made available under this heading in this or any other appropriations Act shall be made available for Sudan or Burma unless the Secretary of the Treasury determines and notifies the Committees on Appropriations that a democratically elected government has taken office.CommentsClose CommentsPermalink
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Funds Appropriated to the President
PEACEKEEPING OPERATIONS
For necessary expenses to carry out the provisions of section 551 of the Foreign Assistance Act of 1961, $250,200,000: Provided, That of the funds made available under this heading, not less than $25,000,000 shall be made available for a United States contribution to the Multinational Force and Observers mission in the Sinai: Provided further, That none of the funds appropriated under this heading shall be obligated or expended except as provided through the regular notification procedures of the Committees on Appropriations.CommentsClose CommentsPermalink
INTERNATIONAL MILITARY EDUCATION AND TRAINING
For necessary expenses to carry out the provisions of section 541 of the Foreign Assistance Act of 1961, $91,000,000, of which up to $4,000,000 may remain available until expended and may only be provided through the regular notification procedures of the Committees on Appropriations: Provided, That the civilian personnel for whom military education and training may be provided under this heading may include civilians who are not members of a government whose participation would contribute to improved civil-military relations, civilian control of the military, or respect for human rights: Provided further, That funds made available under this heading for assistance for Haiti, Guatemala, the Democratic Republic of the Congo, Nigeria, Sri Lanka, Nepal, Ethiopia, Bangladesh, Libya, and Angola may only be provided through the regular notification procedures of the Committees on Appropriations and any such notification shall include a detailed description of proposed activities: Provided further, That of the funds appropriated under this heading, not to exceed $55,000 shall be available for entertainment allowances.CommentsClose CommentsPermalink
foreign military financing program
For necessary expenses for grants to enable the President to carry out the provisions of section 23 of the Arms Export Control Act, $4,635,000,000: Provided, That of the funds appropriated under this heading, not less than $2,380,000,000 shall be available for grants only for Israel, and not less than $1,300,000,000 shall be made available for grants only for Egypt, including for border security programs and activities in the Sinai: Provided further, That the funds appropriated by this paragraph for Israel shall be disbursed within 30 days of the enactment of this Act: Provided further, That to the extent that the Government of Israel requests that funds be used for such purposes, grants made available for Israel by this paragraph shall, as agreed by the United States and Israel, be available for advanced weapons systems, of which not less than $670,650,000 shall be available for the procurement in Israel of defense articles and defense services, including research and development: Provided further, That of the funds appropriated by this paragraph, $235,000,000 shall be made available for assistance for Jordan: Provided further, That of the funds appropriated under this heading, not more than $53,000,000 shall be available for Colombia, of which $12,500,000 is available to support maritime interdiction: Provided further, That funds appropriated under this heading for assistance for Pakistan may be made available only for border security, counter-terrorism and law enforcement activities directed against Al Qaeda, the Taliban and associated terrorist groups: Provided further, That none of the funds made available under this heading shall be made available to support or continue any program initially funded under the authority of section 1206 of the National Defense Authorization Act for Fiscal Year 2006 (
None of the funds made available under this heading shall be available to finance the procurement of defense articles, defense services, or design and construction services that are not sold by the United States Government under the Arms Export Control Act unless the foreign country proposing to make such procurements has first signed an agreement with the United States Government specifying the conditions under which such procurements may be financed with such funds: Provided, That all country and funding level increases in allocations shall be submitted through the regular notification procedures of section 7015 of this Act: Provided further, That none of the funds appropriated under this heading may be made available for assistance for Nepal, Sri Lanka, Pakistan, Bangladesh, Philippines, Indonesia, Bosnia and Herzegovina, Haiti, Guatemala, Ethiopia, and the Democratic Republic of the Congo except pursuant to the regular notification procedures of the Committees on Appropriations: Provided further, That funds made available under this heading may be used, notwithstanding any other provision of law, for demining, the clearance of unexploded ordnance, and related activities, and may include activities implemented through nongovernmental and international organizations: Provided further, That only those countries for which assistance was justified for the ‘Foreign Military Sales Financing Program’ in the fiscal year 1989 congressional presentation for security assistance programs may utilize funds made available under this heading for procurement of defense articles, defense services or design and construction services that are not sold by the United States Government under the Arms Export Control Act: Provided further, That funds appropriated under this heading shall be expended at the minimum rate necessary to make timely payment for defense articles and services: Provided further, That not more than $51,420,000 of the funds appropriated under this heading may be obligated for necessary expenses, including the purchase of passenger motor vehicles for replacement only for use outside of the United States, for the general costs of administering military assistance and sales, except that this limitation may be exceeded only through the regular notification procedures of the Committees on Appropriations: Provided further, That of the funds appropriated under this heading for general costs of administering military assistance and sales, not to exceed $4,000 shall be available for entertainment expenses and not to exceed $130,000 shall be available for representation allowances: Provided further, That not more than $470,000,000 of funds realized pursuant to section 21(e)(1)(A) of the Arms Export Control Act may be obligated for expenses incurred by the Department of Defense during fiscal year 2009 pursuant to section 43(b) of the Arms Export Control Act, except that this limitation may be exceeded only through the regular notification procedures of the Committees on Appropriations: Provided further, That funds appropriated under this heading estimated to be outlayed for Egypt during fiscal year 2009 shall be transferred to an interest bearing account for Egypt in the Federal Reserve Bank of New York within 30 days of enactment of this Act.CommentsClose CommentsPermalink
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
For necessary expenses to carry out the provisions of section 301 of the Foreign Assistance Act of 1961, and of section 2 of the United Nations Environment Program Participation Act of 1973, $352,500,000: Provided, That section 307(a) of the Foreign Assistance Act of 1961 shall not apply to contributions to the United Nations Democracy Fund.CommentsClose CommentsPermalink
international financial institutions
global environment facility
For the United States contribution for the Global Environment Facility, $80,000,000, to the International Bank for Reconstruction and Development as trustee for the Global Environment Facility, by the Secretary of the Treasury, to remain available until expended.CommentsClose CommentsPermalink
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION
For payment to the International Development Association by the Secretary of the Treasury, $1,115,000,000, to remain available until expended.CommentsClose CommentsPermalink
CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS MULTILATERAL INVESTMENT FUND
For payment to the Enterprise for the Americas Multilateral Investment Fund by the Secretary of the Treasury, for the United States contribution to the fund, $25,000,000, to remain available until expended.CommentsClose CommentsPermalink
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
For the United States contribution by the Secretary of the Treasury to the increase in resources of the Asian Development Fund, as authorized by the Asian Development Bank Act, as amended, $105,000,000, to remain available until expended.CommentsClose CommentsPermalink
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
For the United States contribution by the Secretary of the Treasury to the increase in resources of the African Development Fund, $150,000,000, to remain available until expended.CommentsClose CommentsPermalink
contribution to the international fund for agricultural development
For the United States contribution by the Secretary of the Treasury to increase the resources of the International Fund for Agricultural Development, $18,000,000, to remain available until expended.CommentsClose CommentsPermalink
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $2,500,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
PROGRAM ACCOUNT
The Export-Import Bank of the United States is authorized to make such expenditures within the limits of funds and borrowing authority available to such corporation, and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations, as provided by section 104 of the Government Corporation Control Act, as may be necessary in carrying out the program for the current fiscal year for such corporation: Provided, That none of the funds available during the current fiscal year may be used to make expenditures, contracts, or commitments for the export of nuclear equipment, fuel, or technology to any country, other than a nuclear-weapon state as defined in Article IX of the Treaty on the Non-Proliferation of Nuclear Weapons eligible to receive economic or military assistance under this Act, that has detonated a nuclear explosive after the date of the enactment of this Act: Provided further, That notwithstanding section 1(c) of
subsidy appropriation
For the cost of direct loans, loan guarantees, insurance, and tied-aid grants as authorized by section 10 of the Export-Import Bank Act of 1945, as amended, not to exceed $41,000,000: 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 such funds shall remain available until September 30, 2024, for the disbursement of direct loans, loan guarantees, insurance and tied-aid grants obligated in fiscal years 2009, 2010, 2011, and 2012: Provided further, That none of the funds appropriated by this Act or any prior Acts appropriating funds for the Department of State, foreign operations, and related programs for tied-aid credits or grants may be used for any other purpose except through the regular notification procedures of the Committees on Appropriations: Provided further, That funds appropriated by this paragraph are made available notwithstanding section 2(b)(2) of the Export-Import Bank Act of 1945, in connection with the purchase or lease of any product by any Eastern European country, any Baltic State or any agency or national thereof.CommentsClose CommentsPermalink
ADMINISTRATIVE EXPENSES
For administrative expenses to carry out the direct and guaranteed loan and insurance programs, including hire of passenger motor vehicles and services as authorized by
receipts collected
Receipts collected pursuant to the Export-Import Bank Act of 1945, as amended, and the Federal Credit Reform Act of 1990, as amended, in an amount not to exceed the amount appropriated herein, shall be credited as offsetting collections to this account: Provided, That the sums herein appropriated from the General Fund shall be reduced on a dollar-for-dollar basis by such offsetting collections so as to result in a final fiscal year appropriation from the General Fund estimated at $0: Provided further, That of amounts collected in fiscal year 2009 in excess of obligations, up to $75,000,000, shall become available on September 1, 2009 and shall remain available until September 30, 2012.CommentsClose CommentsPermalink
Overseas Private Investment Corporation
NONCREDIT ACCOUNT
The Overseas Private Investment Corporation is authorized to make, without regard to fiscal year limitations, as provided by
PROGRAM ACCOUNT
For the cost of direct and guaranteed loans, $29,000,000, as authorized by section 234 of the Foreign Assistance Act of 1961, to be derived by transfer from the Overseas Private Investment Corporation Noncredit Account: 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 such sums shall be available for direct loan obligations and loan guaranty commitments incurred or made during fiscal years 2009, 2010, and 2011: Provided further, That funds so obligated in fiscal year 2009 remain available for disbursement through 2017; funds obligated in fiscal year 2010 remain available for disbursement through 2018; and funds obligated in fiscal year 2011 remain available for disbursement through 2019: Provided further, That notwithstanding any other provision of law, the Overseas Private Investment Corporation is authorized to undertake any program authorized by title IV of the Foreign Assistance Act of 1961 in Iraq: Provided further, That funds made available pursuant to the authority of the previous proviso shall be subject to the regular notification procedures of the Committees on Appropriations.CommentsClose CommentsPermalink
In addition, such sums as may be necessary for administrative expenses to carry out the credit program may be derived from amounts available for administrative expenses to carry out the credit and insurance programs in the Overseas Private Investment Corporation Noncredit Account and merged with said account.CommentsClose CommentsPermalink
Funds Appropriated to the President
TRADE AND DEVELOPMENT AGENCY
For necessary expenses to carry out the provisions of section 661 of the Foreign Assistance Act of 1961, $50,800,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act shall be available, except as otherwise provided, for allowances and differentials as authorized by subchapter 59 of title 5, United States Code; for services as authorized by
UNOBLIGATED BALANCES REPORT
SEC. 7002. Any Department or Agency to which funds are appropriated or otherwise made available by this Act shall provide to the Committees on Appropriations a quarterly accounting of cumulative balances by program, project, and activity of the funds received by such Department or Agency in this fiscal year or any previous fiscal year that remain unobligated and unexpended.CommentsClose CommentsPermalink
CONSULTING SERVICES
SEC. 7003. The expenditure of any appropriation under title I of this Act for any consulting service through procurement contract, pursuant to
embassy construction
Sec. 7004. (a) Of funds provided under title I of this Act, except as provided in subsection (b), a project to construct a diplomatic facility of the United States may not include office space or other accommodations for an employee of a Federal agency or department if the Secretary of State determines that such department or agency has not provided to the Department of State the full amount of funding required by subsection (e) of section 604 of the Secure Embassy Construction and Counterterrorism Act of 1999 (as enacted into law by section 1000(a)(7) of
(b) Notwithstanding the prohibition in subsection (a), a project to construct a diplomatic facility of the United States may include office space or other accommodations for members of the United States Marine Corps.CommentsClose CommentsPermalink
PERSONNEL ACTIONS
SEC. 7005. Any costs incurred by a department or agency funded under title I of this Act resulting from personnel actions taken in response to funding reductions included in this Act shall be absorbed within the total budgetary resources available under title I to such department or agency: Provided, That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further, That use of funds to carry out this section shall be treated as a reprogramming of funds under section 7015 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
CONSULAR AFFAIRS REFORM
SEC. 7006. Not later than 60 days after the enactment of this Act the Secretary of State shall certify and report to the Committees on Appropriations that the Department of State is implementing recommendations contained in the Office of Inspector General audit ‘Review of Controls and Notification for Access to Passport Records in the Department of State’s Passport Information Electronic Records System (PIERS)’ (AUD/IP-08-29), July 2008.CommentsClose CommentsPermalink
prohibition against direct funding for certain countries
Sec. 7007. None of the funds appropriated or otherwise made available pursuant to titles III through VI of this Act shall be obligated or expended to finance directly any assistance or reparations for the governments of Cuba, North Korea, Iran, or Syria: Provided, That for purposes of this section, the prohibition on obligations or expenditures shall include direct loans, credits, insurance and guarantees of the Export-Import Bank or its agents.CommentsClose CommentsPermalink
MILITARY COUPS
SEC. 7008. None of the funds appropriated or otherwise made available pursuant to titles III through VI of this Act shall be obligated or expended to finance directly any assistance to the government of any country whose duly elected head of government is deposed by military coup or decree: Provided, That assistance may be resumed to such government if the President determines and certifies to the Committees on Appropriations that subsequent to the termination of assistance a democratically elected government has taken office: Provided further, That the provisions of this section shall not apply to assistance to promote democratic elections or public participation in democratic processes: Provided further, That funds made available pursuant to the previous provisos shall be subject to the regular notification procedures of the Committees on Appropriations.CommentsClose CommentsPermalink
TRANSFER AUTHORITY
SEC. 7009. (a) DEPARTMENT OF STATE AND BROADCASTING BOARD OF GOVERNORS- Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of State under title I of this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers: Provided, That not to exceed 5 percent of any appropriation made available for the current fiscal year for the Broadcasting Board of Governors under title I of this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers: Provided further, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 7015(a) and (b) 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
(b) EXPORT FINANCING TRANSFER AUTHORITIES- Not to exceed 5 percent of any appropriation other than for administrative expenses made available for fiscal year 2009, for programs under title VI of this Act may be transferred between such appropriations for use for any of the purposes, programs, and activities for which the funds in such receiving account may be used, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 25 percent by any such transfer: Provided, That the exercise of such authority shall be subject to the regular notification procedures of the Committees on Appropriations.CommentsClose CommentsPermalink
(c)(1) LIMITATION ON TRANSFERS BETWEEN AGENCIES- None of the funds made available under titles II through V of this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriation Act.CommentsClose CommentsPermalink
(2) Notwithstanding paragraph (1), in addition to transfers made by, or authorized elsewhere in, this Act, funds appropriated by this Act to carry out the purposes of the Foreign Assistance Act of 1961 may be allocated or transferred to agencies of the United States Government pursuant to the provisions of sections 109, 610, and 632 of the Foreign Assistance Act of 1961.CommentsClose CommentsPermalink
(d) TRANSFERS BETWEEN ACCOUNTS- None of the funds made available under titles II through V of this Act may be obligated under an appropriation account to which they were not appropriated, except for transfers specifically provided for in this Act, unless the President provides notification in accordance with the regular notification procedures of the Committees on Appropriations.CommentsClose CommentsPermalink
(e) AUDIT OF INTER-AGENCY TRANSFERS- Any agreement for the transfer or allocation of funds appropriated by this Act, or prior Acts, entered into between the United States Agency for International Development and another agency of the United States Government under the authority of section 632(a) of the Foreign Assistance Act of 1961 or any comparable provision of law, shall expressly provide that the Office of the Inspector General for the agency receiving the transfer or allocation of such funds shall perform periodic program and financial audits of the use of such funds: Provided, That funds transferred under such authority may be made available for the cost of such audits.CommentsClose CommentsPermalink
REPORTING REQUIREMENT
SEC. 7010. The Secretary of State shall provide the Committees on Appropriations, not later than April 1, 2009, and for each fiscal quarter, a report in writing on the uses of funds made available under the headings ‘Foreign Military Financing Program’, ‘International Military Education and Training’, and ‘Peacekeeping Operations’: Provided, That such report shall include a description of the obligation and expenditure of funds, and the specific country in receipt of, and the use or purpose of the assistance provided by such funds.CommentsClose CommentsPermalink
AVAILABILITY OF FUNDS
SEC. 7011. No part of any appropriation contained in this Act shall remain available for obligation after the expiration of the current fiscal year unless expressly so provided in this Act: Provided, That funds appropriated for the purposes of chapters 1, 8, 11, and 12 of part I, section 661, section 667, chapters 4, 5, 6, 8, and 9 of part II of the Foreign Assistance Act of 1961, section 23 of the Arms Export Control Act, and funds provided under the headings ‘Assistance for Europe, Eurasia and Central Asia’ and ‘Development Credit Authority’, shall remain available for an additional 4 years from the date on which the availability of such funds would otherwise have expired, if such funds are initially obligated before the expiration of their respective periods of availability contained in this Act: Provided further, That, notwithstanding any other provision of this Act, any funds made available for the purposes of chapter 1 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961 which are allocated or obligated for cash disbursements in order to address balance of payments or economic policy reform objectives, shall remain available until expended.CommentsClose CommentsPermalink
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT
SEC. 7012. No part of any appropriation provided under titles III through VI in this Act shall be used to furnish assistance to the government of any country which is in default during a period in excess of one calendar year in payment to the United States of principal or interest on any loan made to the government of such country by the United States pursuant to a program for which funds are appropriated under this Act unless the President determines, following consultations with the Committees on Appropriations, that assistance to such country is in the national interest of the United States.CommentsClose CommentsPermalink
PROHIBITION ON TAXATION OF UNITED STATES ASSISTANCE
SEC. 7013. (a) PROHIBITION ON TAXATION- None of the funds appropriated under titles III through VI of this Act may be made available to provide assistance for a foreign country under a new bilateral agreement governing the terms and conditions under which such assistance is to be provided unless such agreement includes a provision stating that assistance provided by the United States shall be exempt from taxation, or reimbursed, by the foreign government, and the Secretary of State shall expeditiously seek to negotiate amendments to existing bilateral agreements, as necessary, to conform with this requirement.CommentsClose CommentsPermalink
(b) REIMBURSEMENT OF FOREIGN TAXES- An amount equivalent to 200 percent of the total taxes assessed during fiscal year 2009 on funds appropriated by this Act by a foreign government or entity against commodities financed under United States assistance programs for which funds are appropriated by this Act, either directly or through grantees, contractors and subcontractors shall be withheld from obligation from funds appropriated for assistance for fiscal year 2010 and allocated for the central government of such country and for the West Bank and Gaza program to the extent that the Secretary of State certifies and reports in writing to the Committees on Appropriations that such taxes have not been reimbursed to the Government of the United States.CommentsClose CommentsPermalink
(c) DE MINIMIS EXCEPTION- Foreign taxes of a de minimis nature shall not be subject to the provisions of subsection (b).CommentsClose CommentsPermalink
(d) REPROGRAMMING OF FUNDS- Funds withheld from obligation for each country or entity pursuant to subsection (b) shall be reprogrammed for assistance to countries which do not assess taxes on United States assistance or which have an effective arrangement that is providing substantial reimbursement of such taxes.CommentsClose CommentsPermalink
(e) DETERMINATIONS-CommentsClose CommentsPermalink
(1) The provisions of this section shall not apply to any country or entity the Secretary of State determines--CommentsClose CommentsPermalink
(A) does not assess taxes on United States assistance or which has an effective arrangement that is providing substantial reimbursement of such taxes; orCommentsClose CommentsPermalink
(B) the foreign policy interests of the United States outweigh the purpose of this section to ensure that United States assistance is not subject to taxation.CommentsClose CommentsPermalink
(2) The Secretary of State shall consult with the Committees on Appropriations at least 15 days prior to exercising the authority of this subsection with regard to any country or entity.CommentsClose CommentsPermalink
(f) IMPLEMENTATION- The Secretary of State shall issue rules, regulations, or policy guidance, as appropriate, to implement the prohibition against the taxation of assistance contained in this section.CommentsClose CommentsPermalink
(g) DEFINITIONS- As used in this section--CommentsClose CommentsPermalink
(1) the terms ‘taxes’ and ‘taxation’ refer to value added taxes and customs duties imposed on commodities financed with United States assistance for programs for which funds are appropriated by this Act; andCommentsClose CommentsPermalink
(2) the term ‘bilateral agreement’ refers to a framework bilateral agreement between the Government of the United States and the government of the country receiving assistance that describes the privileges and immunities applicable to United States foreign assistance for such country generally, or an individual agreement between the Government of the United States and such government that describes, among other things, the treatment for tax purposes that will be accorded the United States assistance provided under that agreement.CommentsClose CommentsPermalink
reservations of funds
Sec. 7014. (a) Funds appropriated under titles II through VI of this Act which are specifically designated may be reprogrammed for other programs within the same account notwithstanding the designation if compliance with the designation is made impossible by operation of any provision of this or any other Act: Provided, That any such reprogramming shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That assistance that is reprogrammed pursuant to this subsection shall be made available under the same terms and conditions as originally provided.CommentsClose CommentsPermalink
(b) In addition to the authority contained in subsection (a), the original period of availability of funds appropriated by this Act and administered by the United States Agency for International Development that are specifically designated for particular programs or activities by this or any other Act shall be extended for an additional fiscal year if the Administrator of such agency determines and reports promptly to the Committees on Appropriations that the termination of assistance to a country or a significant change in circumstances makes it unlikely that such designated funds can be obligated during the original period of availability: Provided, That such designated funds that continue to be available for an additional fiscal year shall be obligated only for the purpose of such designation.CommentsClose CommentsPermalink
(c) Ceilings and specifically designated funding levels contained in this Act shall not be applicable to funds or authorities appropriated or otherwise made available by any subsequent Act unless such Act specifically so directs: Provided, That specifically designated funding levels or minimum funding requirements contained in any other Act shall not be applicable to funds appropriated by this Act.CommentsClose CommentsPermalink
REPROGRAMMING NOTIFICATION REQUIREMENTS
SEC. 7015. (a) None of the funds made available in title I of this Act, or in prior appropriations Acts to the agencies and departments funded by this Act that remain available for obligation or expenditure in fiscal year 2009, or provided from any accounts in the Treasury of the United States derived by the collection of fees or of currency reflows or other offsetting collections, or made available by transfer, to the agencies and departments funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates new programs; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) closes or opens a mission or post; (6) reorganizes or renames offices; (7) reorganizes programs or activities; or (8) contracts out or privatizes any functions or activities presently performed by Federal employees; unless the Committees on Appropriations are notified 15 days in advance of such reprogramming of funds.CommentsClose CommentsPermalink
(b) For the purposes of providing the executive branch with the necessary administrative flexibility, none of the funds provided under title I of this Act, or provided under previous appropriations Acts to the agency or department funded under title I of this Act that remain available for obligation or expenditure in fiscal year 2009, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agency or department funded by title I of this Act, shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming of funds in excess of $750,000 or 10 percent, whichever is less, that: (1) augments existing programs, projects, or activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or (3) results from any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, activities, or projects as approved by Congress; unless the Committees on Appropriations are notified 15 days in advance of such reprogramming of funds.CommentsClose CommentsPermalink
(c) For the purposes of providing the executive branch with the necessary administrative flexibility, none of the funds made available under titles II through V in this Act under the headings ‘Global Health and Child Survival’, ‘Development Assistance’, ‘International Organizations and Programs’, ‘Trade and Development Agency’, ‘International Narcotics Control and Law Enforcement’, ‘Andean Counterdrug Programs’, ‘Assistance for Europe, Eurasia and Central Asia’, ‘Economic Support Fund’, ‘Democracy Fund’, ‘Peacekeeping Operations’, ‘Capital Investment Fund’, ‘Operating Expenses’, ‘Office of Inspector General’, ‘Nonproliferation, Anti-terrorism, Demining and Related Programs’, ‘Millennium Challenge Corporation’, ‘Foreign Military Financing Program’, ‘International Military Education and Training’, ‘Peace Corps’, and ‘Migration and Refugee Assistance’, shall be available for obligation for activities, programs, projects, type of materiel assistance, countries, or other operations not justified or in excess of the amount justified to the Committees on Appropriations for obligation under any of these specific headings unless the Committees on Appropriations are previously notified 15 days in advance: Provided, That the President shall not enter into any commitment of funds appropriated for the purposes of section 23 of the Arms Export Control Act for the provision of major defense equipment, other than conventional ammunition, or other major defense items defined to be aircraft, ships, missiles, or combat vehicles, not previously justified to Congress or 20 percent in excess of the quantities justified to Congress unless the Committees on Appropriations are notified 15 days in advance of such commitment: Provided further, That this subsection shall not apply to any reprogramming for an activity, program, or project for which funds are appropriated under titles II through IV of this Act of less than 10 percent of the amount previously justified to the Congress for obligation for such activity, program, or project for the current fiscal year.CommentsClose CommentsPermalink
(d) Notwithstanding any other provision of law, funds transferred by the Department of Defense to the Department of State and the United States Agency for International Development, and funds made available for programs authorized by section 1206 of the National Defense Authorization Act for Fiscal Year 2006 (
(e) The requirements of this section or any similar provision of this Act or any other Act, including any prior Act requiring notification in accordance with the regular notification procedures of the Committees on Appropriations, may be waived if failure to do so would pose a substantial risk to human health or welfare: Provided, That in case of any such waiver, notification to the Congress, or the appropriate congressional committees, shall be provided as early as practicable, but in no event later than 3 days after taking the action to which such notification requirement was applicable, in the context of the circumstances necessitating such waiver: Provided further, That any notification provided pursuant to such a waiver shall contain an explanation of the emergency circumstances.CommentsClose CommentsPermalink
(f) None of the funds appropriated under titles III through VI of this Act shall be obligated or expended for assistance for Serbia, Sudan, Zimbabwe, Pakistan, Dominican Republic, Cuba, Iran, Haiti, Libya, Ethiopia, Nepal, Mexico, or Cambodia and countries listed in section 7045(f)(4) of this Act except as provided through the regular notification procedures of the Committees on Appropriations.CommentsClose CommentsPermalink
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
SEC. 7016. Prior to providing excess Department of Defense articles in accordance with section 516(a) of the Foreign Assistance Act of 1961, the Department of Defense shall notify the Committees on Appropriations to the same extent and under the same conditions as other committees pursuant to subsection (f) of that section: Provided, That before issuing a letter of offer to sell excess defense articles under the Arms Export Control Act, the Department of Defense shall notify the Committees on Appropriations in accordance with the regular notification procedures of such Committees if such defense articles are significant military equipment (as defined in section 47(9) of the Arms Export Control Act) or are valued (in terms of original acquisition cost) at $7,000,000 or more, or if notification is required elsewhere in this Act for the use of appropriated funds for specific countries that would receive such excess defense articles: Provided further, That such Committees shall also be informed of the original acquisition cost of such defense articles.CommentsClose CommentsPermalink
limitation on availability of funds for international organizations and programs
Sec. 7017. Subject to the regular notification procedures of the Committees on Appropriations, funds appropriated under titles III through VI of this Act or any previously enacted Act making appropriations for the Department of State, foreign operations, and related programs, which are returned or not made available for organizations and programs because of the implementation of section 307(a) of the Foreign Assistance Act of 1961, shall remain available for obligation until September 30, 2010.CommentsClose CommentsPermalink
prohibition on funding for abortions and involuntary sterilization
Sec. 7018. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for the performance of abortions as a method of family planning or to motivate or coerce any person to practice abortions. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for the performance of involuntary sterilization as a method of family planning or to coerce or provide any financial incentive to any person to undergo sterilizations. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for any biomedical research which relates in whole or in part, to methods of, or the performance of, abortions or involuntary sterilization as a means of family planning. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be obligated or expended for any country or organization if the President certifies that the use of these funds by any such country or organization would violate any of the above provisions related to abortions and involuntary sterilizations.CommentsClose CommentsPermalink
ALLOCATIONS
SEC. 7019. (a) Funds provided in this Act for the following accounts shall be made available for programs and countries in the amounts contained in the respective tables included in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act):CommentsClose CommentsPermalink
‘Educational and Cultural Exchange Programs’.CommentsClose CommentsPermalink
‘International Fisheries Commissions’.CommentsClose CommentsPermalink
‘International Broadcasting Operations’.CommentsClose CommentsPermalink
‘Global Health and Child Survival’.CommentsClose CommentsPermalink
‘Development Assistance’.CommentsClose CommentsPermalink
‘Economic Support Fund’.CommentsClose CommentsPermalink
‘Assistance for Europe, Eurasia and Central Asia’.CommentsClose CommentsPermalink
‘Andean Counterdrug Programs’.CommentsClose CommentsPermalink
‘Nonproliferation, Anti-terrorism, Demining and Related Programs’.CommentsClose CommentsPermalink
‘Foreign Military Financing Program’.CommentsClose CommentsPermalink
‘International Organizations and Programs’.CommentsClose CommentsPermalink
(b) For the purposes of implementing this section and only with respect to the tables included in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), the Secretary of State, Administrator of the United States Agency for International Development and the Broadcasting Board of Governors, as appropriate, may propose deviations to the amounts referenced in subsection (a), subject to the regular notification procedures of the Committees on Appropriations and section 634A of the Foreign Assistance Act of 1961.CommentsClose CommentsPermalink
(c) The requirements contained in subsection (a) shall apply to the table under the headings ‘Bilateral Economic Assistance’ and ‘General Provisions’ in such explanatory statement.CommentsClose CommentsPermalink
PROHIBITION OF PAYMENT OF CERTAIN EXPENSES
SEC. 7020. None of the funds appropriated or otherwise made available by this Act under the headings ‘International Military Education and Training’ or ‘Foreign Military Financing Program’ for Informational Program activities or under the headings ‘Global Health and Child Survival’, ‘Development Assistance’, and ‘Economic Support Fund’ may be obligated or expended to pay for--CommentsClose CommentsPermalink
(1) alcoholic beverages; orCommentsClose CommentsPermalink
(2) entertainment expenses for activities that are substantially of a recreational character, including but not limited to entrance fees at sporting events, theatrical and musical productions, and amusement parks.CommentsClose CommentsPermalink
prohibition on assistance to foreign governments that export lethal military equipment to countries supporting international terrorism
SEC. 7021. (a) None of the funds appropriated or otherwise made available by titles III through VI of this Act may be available to any foreign government which provides lethal military equipment to a country the government of which the Secretary of State has determined is a government that supports international terrorism for purposes of section 6(j) of the Export Administration Act of 1979. The prohibition under this section with respect to a foreign government shall terminate 12 months after that government ceases to provide such military equipment. This section applies with respect to lethal military equipment provided under a contract entered into after October 1, 1997.CommentsClose CommentsPermalink
(b) Assistance restricted by subsection (a) or any other similar provision of law, may be furnished if the President determines that furnishing such assistance is important to the national interests of the United States.CommentsClose CommentsPermalink
(c) Whenever the President makes a determination pursuant to subsection (b), the President shall submit to the appropriate congressional committees a report with respect to the furnishing of such assistance. Any such report shall include a detailed explanation of the assistance to be provided, including the estimated dollar amount of such assistance, and an explanation of how the assistance furthers United States national interests.CommentsClose CommentsPermalink
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES
SEC. 7022. (a) Funds appropriated for bilateral assistance under any heading in titles III through VI of this Act and funds appropriated under any such heading in a provision of law enacted prior to the enactment of this Act, shall not be made available to any country which the President determines--CommentsClose CommentsPermalink
(1) grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism; orCommentsClose CommentsPermalink
(2) otherwise supports international terrorism.CommentsClose CommentsPermalink
(b) The President may waive the application of subsection (a) to a country if the President determines that national security or humanitarian reasons justify such waiver. The President shall publish each waiver in the Federal Register and, at least 15 days before the waiver takes effect, shall notify the Committees on Appropriations of the waiver (including the justification for the waiver) in accordance with the regular notification procedures of the Committees on Appropriations.CommentsClose CommentsPermalink
authorization requirements
Sec. 7023. Funds appropriated by this Act, except funds appropriated under the heading ‘Trade and Development Agency’, may be obligated and expended notwithstanding section 10 of
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
SEC. 7024. For the purpose of titles II through VI of this Act ‘program, project, and activity’ shall be defined at the appropriations Act account level and shall include all appropriations and authorizations Acts funding directives, ceilings, and limitations with the exception that for the following accounts: ‘Economic Support Fund’ and ‘Foreign Military Financing Program’, ‘program, project, and activity’ shall also be considered to include country, regional, and central program level funding within each such account; for the development assistance accounts of the United States Agency for International Development ‘program, project, and activity’ shall also be considered to include central, country, regional, and program level funding, either as: (1) justified to the Congress; or (2) allocated by the executive branch in accordance with a report, to be provided to the Committees on Appropriations within 30 days of the enactment of this Act, as required by section 653(a) of the Foreign Assistance Act of 1961.CommentsClose CommentsPermalink
AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION AND AFRICAN DEVELOPMENT FOUNDATION
SEC. 7025. Unless expressly provided to the contrary, provisions of this or any other Act, including provisions contained in prior Acts authorizing or making appropriations for the Department of State, foreign operations, and related programs, shall not be construed to prohibit activities authorized by or conducted under the Peace Corps Act, the Inter-American Foundation Act or the African Development Foundation Act. The agency shall promptly report to the Committees on Appropriations whenever it is conducting activities or is proposing to conduct activities in a country for which assistance is prohibited.CommentsClose CommentsPermalink
commerce, trade and surplus commodities
Sec. 7026. (a) None of the funds appropriated or made available pursuant to titles III through VI of this Act for direct assistance and none of the funds otherwise made available to the Export-Import Bank and the Overseas Private Investment Corporation shall be obligated or expended to finance any loan, any assistance or any other financial commitments for establishing or expanding production of any commodity for export by any country other than the United States, if the commodity is likely to be in surplus on world markets at the time the resulting productive capacity is expected to become operative and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity: Provided, That such prohibition shall not apply to the Export-Import Bank if in the judgment of its Board of Directors the benefits to industry and employment in the United States are likely to outweigh the injury to United States producers of the same, similar, or competing commodity, and the Chairman of the Board so notifies the Committees on Appropriations.CommentsClose CommentsPermalink
(b) None of the funds appropriated by this or any other Act to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be available for any testing or breeding feasibility study, variety improvement or introduction, consultancy, publication, conference, or training in connection with the growth or production in a foreign country of an agricultural commodity for export which would compete with a similar commodity grown or produced in the United States: Provided, That this subsection shall not prohibit--CommentsClose CommentsPermalink
(1) activities designed to increase food security in developing countries where such activities will not have a significant impact on the export of agricultural commodities of the United States; orCommentsClose CommentsPermalink
(2) research activities intended primarily to benefit American producers.CommentsClose CommentsPermalink
(c) The Secretary of the Treasury shall instruct the United States Executive Directors of the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American Development Bank, the International Monetary Fund, the Asian Development Bank, the Inter-American Investment Corporation, the North American Development Bank, the European Bank for Reconstruction and Development, the African Development Bank, and the African Development Fund to use the voice and vote of the United States to oppose any assistance by these institutions, using funds appropriated or made available pursuant to titles III through VI of this Act, for the production or extraction of any commodity or mineral for export, if it is in surplus on world markets and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity.CommentsClose CommentsPermalink
SEPARATE ACCOUNTS
SEC. 7027. (a) SEPARATE ACCOUNTS FOR LOCAL CURRENCIES-CommentsClose CommentsPermalink
(1) If assistance is furnished to the government of a foreign country under chapters 1 and 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961 under agreements which result in the generation of local currencies of that country, the Administrator of the United States Agency for International Development shall--CommentsClose CommentsPermalink
(A) require that local currencies be deposited in a separate account established by that government;CommentsClose CommentsPermalink
(B) enter into an agreement with that government which sets forth--CommentsClose CommentsPermalink
(i) the amount of the local currencies to be generated; andCommentsClose CommentsPermalink
(ii) the terms and conditions under which the currencies so deposited may be utilized, consistent with this section; andCommentsClose CommentsPermalink
(C) establish by agreement with that government the responsibilities of the United States Agency for International Development and that government to monitor and account for deposits into and disbursements from the separate account.CommentsClose CommentsPermalink
(2) USES OF LOCAL CURRENCIES- As may be agreed upon with the foreign government, local currencies deposited in a separate account pursuant to subsection (a), or an equivalent amount of local currencies, shall be used only--CommentsClose CommentsPermalink
(A) to carry out chapter 1 or 10 of part I or chapter 4 of part II (as the case may be), for such purposes as--CommentsClose CommentsPermalink
(i) project and sector assistance activities; orCommentsClose CommentsPermalink
(ii) debt and deficit financing; orCommentsClose CommentsPermalink
(B) for the administrative requirements of the United States Government.CommentsClose CommentsPermalink
(3) PROGRAMMING ACCOUNTABILITY- The United States Agency for International Development shall take all necessary steps to ensure that the equivalent of the local currencies disbursed pursuant to subsection (a)(2)(A) from the separate account established pursuant to subsection (a)(1) are used for the purposes agreed upon pursuant to subsection (a)(2).CommentsClose CommentsPermalink
(4) TERMINATION OF ASSISTANCE PROGRAMS- Upon termination of assistance to a country under chapter 1 or 10 of part I or chapter 4 of part II (as the case may be), any unencumbered balances of funds which remain in a separate account established pursuant to subsection (a) shall be disposed of for such purposes as may be agreed to by the government of that country and the United States Government.CommentsClose CommentsPermalink
(5) REPORTING REQUIREMENT- The Administrator of the United States Agency for International Development shall report on an annual basis as part of the justification documents submitted to the Committees on Appropriations on the use of local currencies for the administrative requirements of the United States Government as authorized in subsection (a)(2)(B), and such report shall include the amount of local currency (and United States dollar equivalent) used and/or to be used for such purpose in each applicable country.CommentsClose CommentsPermalink
(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS-CommentsClose CommentsPermalink
(1) If assistance is made available to the government of a foreign country, under chapter 1 or 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961, as cash transfer assistance or as nonproject sector assistance, that country shall be required to maintain such funds in a separate account and not commingle them with any other funds.CommentsClose CommentsPermalink
(2) APPLICABILITY OF OTHER PROVISIONS OF LAW- Such funds may be obligated and expended notwithstanding provisions of law which are inconsistent with the nature of this assistance including provisions which are referenced in the Joint Explanatory Statement of the Committee of Conference accompanying House Joint Resolution 648 (House Report No. 98-1159).CommentsClose CommentsPermalink
(3) NOTIFICATION- At least 15 days prior to obligating any such cash transfer or nonproject sector assistance, the President shall submit a notification through the regular notification procedures of the Committees on Appropriations, which shall include a detailed description of how the funds proposed to be made available will be used, with a discussion of the United States interests that will be served by the assistance (including, as appropriate, a description of the economic policy reforms that will be promoted by such assistance).CommentsClose CommentsPermalink
(4) EXEMPTION- Nonproject sector assistance funds may be exempt from the requirements of subsection (b)(1) only through the notification procedures of the Committees on Appropriations.CommentsClose CommentsPermalink
ELIGIBILITY FOR ASSISTANCE
SEC. 7028. (a) ASSISTANCE THROUGH NONGOVERNMENTAL ORGANIZATIONS- Restrictions contained in this or any other Act with respect to assistance for a country shall not be construed to restrict assistance in support of programs of nongovernmental organizations from funds appropriated by this Act to carry out the provisions of chapters 1, 10, 11, and 12 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961, and from funds appropriated under the heading ‘Assistance for Europe, Eurasia and Central Asia’: Provided, That before using the authority of this subsection to furnish assistance in support of programs of nongovernmental organizations, the President shall notify the Committees on Appropriations under the regular notification procedures of those committees, including a description of the program to be assisted, the assistance to be provided, and the reasons for furnishing such assistance: Provided further, That nothing in this subsection shall be construed to alter any existing statutory prohibitions against abortion or involuntary sterilizations contained in this or any other Act.CommentsClose CommentsPermalink
(b) PUBLIC LAW 480- During fiscal year 2009, restrictions contained in this or any other Act with respect to assistance for a country shall not be construed to restrict assistance under the Agricultural Trade Development and Assistance Act of 1954: Provided, That none of the funds appropriated to carry out title I of such Act and made available pursuant to this subsection may be obligated or expended except as provided through the regular notification procedures of the Committees on Appropriations.CommentsClose CommentsPermalink
(c) EXCEPTION- This section shall not apply--CommentsClose CommentsPermalink
(1) with respect to section 620A of the Foreign Assistance Act of 1961 or any comparable provision of law prohibiting assistance to countries that support international terrorism; orCommentsClose CommentsPermalink
(2) with respect to section 116 of the Foreign Assistance Act of 1961 or any comparable provision of law prohibiting assistance to the government of a country that violates internationally recognized human rights.CommentsClose CommentsPermalink
impact on jobs in the united states
Sec. 7029. None of the funds appropriated under titles III through VI of this Act may be obligated or expended to provide--CommentsClose CommentsPermalink
(1) any financial incentive to a business enterprise currently located in the United States for the purpose of inducing such an enterprise to relocate outside the United States if such incentive or inducement is likely to reduce the number of employees of such business enterprise in the United States because United States production is being replaced by such enterprise outside the United States; orCommentsClose CommentsPermalink
(2) assistance for any program, project, or activity that contributes to the violation of internationally recognized workers rights, as defined in section 507(4) of the Trade Act of 1974, of workers in the recipient country, including any designated zone or area in that country: Provided, That the application of section 507(4)(D) and (E) of such Act should be commensurate with the level of development of the recipient country and sector, and shall not preclude assistance for the informal sector in such country, micro and small-scale enterprise, and smallholder agriculture.CommentsClose CommentsPermalink
international financial institutions
Sec. 7030. (a) None of the funds appropriated in title V of this Act may be made as payment to any international financial institution while the United States Executive Director to such institution is compensated by the institution at a rate which, together with whatever compensation such Director receives from the United States, is in excess of the rate provided for an individual occupying a position at level IV of the Executive Schedule under
(b) The Secretary of the Treasury shall instruct the United States Executive Director at each international financial institution to oppose any loan, grant, strategy or policy of these institutions that would require user fees or service charges on poor people for primary education or primary healthcare, including prevention, care and treatment for HIV/AIDS, malaria, tuberculosis, and infant, child, and maternal well-being, in connection with the institutions’ financing programs.CommentsClose CommentsPermalink
(c) The Secretary of the Treasury shall instruct the United States Executive Director at the International Monetary Fund to use the voice and vote of the United States to oppose any loan, project, agreement, memorandum, instrument, or other program of the International Monetary Fund that would not exempt increased government spending on health care or education from national budget caps or restraints, hiring or wage bill ceilings or other limits imposed by the International Monetary Fund in Heavily Indebted Poor Countries.CommentsClose CommentsPermalink
(d) For purposes of this section ‘international financial institutions’ are the International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, the Asian Development Fund, the African Development Bank, the African Development Fund, the International Monetary Fund, the North American Development Bank, and the European Bank for Reconstruction and Development.CommentsClose CommentsPermalink
DEBT-FOR-DEVELOPMENT
SEC. 7031. In order to enhance the continued participation of nongovernmental organizations in debt-for-development and debt-for-nature exchanges, a nongovernmental organization which is a grantee or contractor of the United States Agency for International Development may place in interest bearing accounts local currencies which accrue to that organization as a result of economic assistance provided under title III of this Act and, subject to the regular notification procedures of the Committees on Appropriations, any interest earned on such investment shall be used for the purpose for which the assistance was provided to that organization.CommentsClose CommentsPermalink
AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES
SEC. 7032. (a) Loans Eligible for Sale, Reduction, or Cancellation-CommentsClose CommentsPermalink
(1) AUTHORITY TO SELL, REDUCE, OR CANCEL CERTAIN LOANS- Notwithstanding any other provision of law, the President may, in accordance with this section, sell to any eligible purchaser any concessional loan or portion thereof made before January 1, 1995, pursuant to the Foreign Assistance Act of 1961, to the government of any eligible country as defined in section 702(6) of that Act or on receipt of payment from an eligible purchaser, reduce or cancel such loan or portion thereof, only for the purpose of facilitating--CommentsClose CommentsPermalink
(A) debt-for-equity swaps, debt-for-development swaps, or debt-for-nature swaps; orCommentsClose CommentsPermalink
(B) a debt buyback by an eligible country of its own qualified debt, only if the eligible country uses an additional amount of the local currency of the eligible country, equal to not less than 40 percent of the price paid for such debt by such eligible country, or the difference between the price paid for such debt and the face value of such debt, to support activities that link conservation and sustainable use of natural resources with local community development, and child survival and other child development, in a manner consistent with sections 707 through 710 of the Foreign Assistance Act of 1961, if the sale, reduction, or cancellation would not contravene any term or condition of any prior agreement relating to such loan.CommentsClose CommentsPermalink
(2) TERMS AND CONDITIONS- Notwithstanding any other provision of law, the President shall, in accordance with this section, establish the terms and conditions under which loans may be sold, reduced, or canceled pursuant to this section.CommentsClose CommentsPermalink
(3) ADMINISTRATION- The Facility, as defined in section 702(8) of the Foreign Assistance Act of 1961, shall notify the administrator of the agency primarily responsible for administering part I of the Foreign Assistance Act of 1961 of purchasers that the President has determined to be eligible, and shall direct such agency to carry out the sale, reduction, or cancellation of a loan pursuant to this section. Such agency shall make adjustment in its accounts to reflect the sale, reduction, or cancellation.CommentsClose CommentsPermalink
(4) LIMITATION- The authorities of this subsection shall be available only to the extent that appropriations for the cost of the modification, as defined in section 502 of the Congressional Budget Act of 1974, are made in advance.CommentsClose CommentsPermalink
(b) DEPOSIT OF PROCEEDS- The proceeds from the sale, reduction, or cancellation of any loan sold, reduced, or canceled pursuant to this section shall be deposited in the United States Government account or accounts established for the repayment of such loan.CommentsClose CommentsPermalink
(c) ELIGIBLE PURCHASERS- A loan may be sold pursuant to subsection (a)(1)(A) only to a purchaser who presents plans satisfactory to the President for using the loan for the purpose of engaging in debt-for-equity swaps, debt-for-development swaps, or debt-for-nature swaps.CommentsClose CommentsPermalink
(d) DEBTOR CONSULTATIONS- Before the sale to any eligible purchaser, or any reduction or cancellation pursuant to this section, of any loan made to an eligible country, the President should consult with the country concerning the amount of loans to be sold, reduced, or canceled and their uses for debt-for-equity swaps, debt-for-development swaps, or debt-for-nature swaps.CommentsClose CommentsPermalink
(e) AVAILABILITY OF FUNDS- The authority provided by subsection (a) may be used only with regard to funds appropriated by this Act under the heading ‘Debt Restructuring’.CommentsClose CommentsPermalink
SPECIAL DEBT RELIEF FOR THE POOREST
SEC. 7033. (a) AUTHORITY TO REDUCE DEBT- The President may reduce amounts owed to the United States (or any agency of the United States) by an eligible country as a result of--CommentsClose CommentsPermalink
(1) guarantees issued under sections 221 and 222 of the Foreign Assistance Act of 1961;CommentsClose CommentsPermalink
(2) credits extended or guarantees issued under the Arms Export Control Act; orCommentsClose CommentsPermalink
(3) any obligation or portion of such obligation, to pay for purchases of United States agricultural commodities guaranteed by the Commodity Credit Corporation under export credit guarantee programs authorized pursuant to section 5(f) of the Commodity Credit Corporation Charter Act of June 29, 1948, as amended, section 4(b) of the Food for Peace Act of 1966, as amended (
(b) LIMITATIONS-CommentsClose CommentsPermalink
(1) The authority provided by subsection (a) may be exercised only to implement multilateral official debt relief and referendum agreements, commonly referred to as ‘Paris Club Agreed Minutes’.CommentsClose CommentsPermalink
(2) The authority provided by subsection (a) may be exercised only in such amounts or to such extent as is provided in advance by appropriations Acts.CommentsClose CommentsPermalink
(3) The authority provided by subsection (a) may be exercised only with respect to countries with heavy debt burdens that are eligible to borrow from the International Development Association, but not from the International Bank for Reconstruction and Development, commonly referred to as ‘IDA-only’ countries.CommentsClose CommentsPermalink
(c) CONDITIONS- The authority provided by subsection (a) may be exercised only with respect to a country whose government--CommentsClose CommentsPermalink
(1) does not have an excessive level of military expenditures;CommentsClose CommentsPermalink
(2) has not repeatedly provided support for acts of international terrorism;CommentsClose CommentsPermalink
(3) is not failing to cooperate on international narcotics control matters;CommentsClose CommentsPermalink
(4) (including its military or other security forces) does not engage in a consistent pattern of gross violations of internationally recognized human rights; andCommentsClose CommentsPermalink
(5) is not ineligible for assistance because of the application of section 527 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995.CommentsClose CommentsPermalink
(d) AVAILABILITY OF FUNDS- The authority provided by subsection (a) may be used only with regard to the funds appropriated by this Act under the heading ‘Debt Restructuring’.CommentsClose CommentsPermalink
(e) CERTAIN PROHIBITIONS INAPPLICABLE- A reduction of debt pursuant to subsection (a) shall not be considered assistance for the purposes of any provision of law limiting assistance to a country. The authority provided by subsection (a) may be exercised notwithstanding section 620(r) of the Foreign Assistance Act of 1961 or section 321 of the International Development and Food Assistance Act of 1975.CommentsClose CommentsPermalink
SPECIAL AUTHORITIES
SEC. 7034. (a) AFGHANISTAN, IRAQ, PAKISTAN, LEBANON, MONTENEGRO, VICTIMS OF WAR, DISPLACED CHILDREN, AND DISPLACED BURMESE- Funds appropriated under titles III through VI of this Act that are made available for assistance for Afghanistan may be made available notwithstanding section 7012 of this Act or any similar provision of law and section 660 of the Foreign Assistance Act of 1961, and funds appropriated in titles III and VI of this Act that are made available for Iraq, Lebanon, Montenegro, Pakistan, and for victims of war, displaced children, and displaced Burmese, and to assist victims of trafficking in persons and, subject to the regular notification procedures of the Committees on Appropriations, to combat such trafficking, may be made available notwithstanding any other provision of law.CommentsClose CommentsPermalink
(b)(1) WAIVER- The President may waive the provisions of section 1003 of
(2) PERIOD OF APPLICATION OF WAIVER- Any waiver pursuant to paragraph (1) shall be effective for no more than a period of 6 months at a time and shall not apply beyond 12 months after the enactment of this Act.CommentsClose CommentsPermalink
(c) SMALL BUSINESS- In entering into multiple award indefinite-quantity contracts with funds appropriated by this Act, the United States Agency for International Development may provide an exception to the fair opportunity process for placing task orders under such contracts when the order is placed with any category of small or small disadvantaged business.CommentsClose CommentsPermalink
(d) VIETNAMESE REFUGEES- Section 594(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005 (enacted as division D of
(e) RECONSTITUTING CIVILIAN POLICE AUTHORITY- In providing assistance with funds appropriated by this Act under section 660(b)(6) of the Foreign Assistance Act of 1961, support for a nation emerging from instability may be deemed to mean support for regional, district, municipal, or other sub-national entity emerging from instability, as well as a nation emerging from instability.CommentsClose CommentsPermalink
(f) INTERNATIONAL PRISON CONDITIONS- Funds appropriated by this Act to carry out the provisions of chapters 1 and 11 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961, and the Support for East European Democracy (SEED) Act of 1989, shall be made available for assistance to address inhumane conditions in prisons and other detention facilities administered by foreign governments that the Secretary of State determines are making efforts to address, among other things, prisoners’ health, sanitation, nutrition and other basic needs: Provided, That the Secretary of State shall designate a Deputy Assistant Secretary of State in the Bureau of Democracy, Human Rights and Labor to have primary responsibility for diplomatic efforts related to international prison conditions.CommentsClose CommentsPermalink
(g) EXTENSION OF AUTHORITY- The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (
(1) in section 599D (
(A) in subsection (b)(3), by striking ‘and 2008’ and inserting ‘2008, and 2009’; andCommentsClose CommentsPermalink
(B) in subsection (e), by striking ‘2008’ each place it appears and inserting ‘2009’; andCommentsClose CommentsPermalink
(2) in section 599E (
(h) WORLD FOOD PROGRAM- Of the funds managed by the Bureau for Democracy, Conflict, and Humanitarian Assistance of the United States Agency for International Development, from this or any other Act, not less than $10,000,000 shall be made available as a general contribution to the World Food Program, notwithstanding any other provision of law.CommentsClose CommentsPermalink
(i) Library of Congress- Notwithstanding any other provision of law, of the funds appropriated under the heading ‘Embassy Security, Construction, and Maintenance’, not less than $2,000,000 shall be made available for the Capital Security Cost-Sharing fees of the Library of Congress.CommentsClose CommentsPermalink
(j) DISARMAMENT, DEMOBILIZATION AND REINTEGRATION- Notwithstanding any other provision of law, regulation or Executive order, funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings ‘Economic Support Fund’, ‘Peacekeeping Operations’, ‘International Disaster Assistance’, and ‘Transition Initiatives’ should be made available to support programs to disarm, demobilize, and reintegrate into civilian society former members of foreign terrorist organizations: Provided, That the Secretary of State shall consult with the Committees on Appropriations prior to the obligation of funds pursuant to this subsection: Provided further, That for the purposes of this subsection the term ‘foreign terrorist organization’ means an organization designated as a terrorist organization under section 219 of the Immigration and Nationality Act.CommentsClose CommentsPermalink
(k) NONGOVERNMENTAL ORGANIZATIONS- With respect to the provision of assistance for democracy, human rights and governance activities, the organizations implementing such assistance and the specific nature of that assistance shall not be subject to the prior approval by the government of any foreign country.CommentsClose CommentsPermalink
(l) Program for Research and Training on Eastern Europe and the Independent States of the Former Soviet Union- Of the funds appropriated by this Act under the heading, ‘Economic Support Fund’, not less than $5,000,000 shall be made available to carry out the Program for Research and Training on Eastern Europe and the Independent States of the Former Soviet Union (title VIII) as authorized by the Soviet-Eastern European Research and Training Act of 1983 (
(m) AUTHORITY- Funds appropriated or otherwise made available by title III of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008 (division J of
(n) MIDDLE EAST FOUNDATION- Funds appropriated by this Act and prior Acts for a Middle East Foundation shall be subject to the regular notification procedures of the Committees on Appropriations.CommentsClose CommentsPermalink
(o) GLOBAL FOOD SECURITY- Notwithstanding any other provision of law, to include minimum funding requirements or funding directives, funds made available under the headings ‘Development Assistance’ and ‘Economic Support Fund’ in this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available to address critical food shortages, subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.CommentsClose CommentsPermalink
arab league boycott of israel
Sec. 7035. It is the sense of the Congress that--CommentsClose CommentsPermalink
(1) the Arab League boycott of Israel, and the secondary boycott of American firms that have commercial ties with Israel, is an impediment to peace in the region and to United States investment and trade in the Middle East and North Africa;CommentsClose CommentsPermalink
(2) the Arab League boycott, which was regrettably reinstated in 1997, should be immediately and publicly terminated, and the Central Office for the Boycott of Israel immediately disbanded;CommentsClose CommentsPermalink
(3) all Arab League states should normalize relations with their neighbor Israel;CommentsClose CommentsPermalink
(4) the President and the Secretary of State should continue to vigorously oppose the Arab League boycott of Israel and find concrete steps to demonstrate that opposition by, for example, taking into consideration the participation of any recipient country in the boycott when determining to sell weapons to said country; andCommentsClose CommentsPermalink
(5) the President should report to Congress annually on specific steps being taken by the United States to encourage Arab League states to normalize their relations with Israel to bring about the termination of the Arab League boycott of Israel, including those to encourage allies and trading partners of the United States to enact laws prohibiting businesses from complying with the boycott and penalizing businesses that do comply.CommentsClose CommentsPermalink
palestinian statehood
Sec. 7036. (a) Limitation on Assistance- None of the funds appropriated under titles III through VI of this Act may be provided to support a Palestinian state unless the Secretary of State determines and certifies to the appropriate congressional committees that--CommentsClose CommentsPermalink
(1) the governing entity of a new Palestinian state--CommentsClose CommentsPermalink
(A) has demonstrated a firm commitment to peaceful co-existence with the State of Israel;CommentsClose CommentsPermalink
(B) is taking appropriate measures to counter terrorism and terrorist financing in the West Bank and Gaza, including the dismantling of terrorist infrastructures, and is cooperating with appropriate Israeli and other appropriate security organizations; andCommentsClose CommentsPermalink
(2) the Palestinian Authority (or the governing entity of a new Palestinian state) is working with other countries in the region to vigorously pursue efforts to establish a just, lasting, and comprehensive peace in the Middle East that will enable Israel and an independent Palestinian state to exist within the context of full and normal relationships, which should include--CommentsClose CommentsPermalink
(A) termination of all claims or states of belligerency;CommentsClose CommentsPermalink
(B) respect for and acknowledgement of the sovereignty, territorial integrity, and political independence of every state in the area through measures including the establishment of demilitarized zones;CommentsClose CommentsPermalink
(C) their right to live in peace within secure and recognized boundaries free from threats or acts of force;CommentsClose CommentsPermalink
(D) freedom of navigation through international waterways in the area; andCommentsClose CommentsPermalink
(E) a framework for achieving a just settlement of the refugee problem.CommentsClose CommentsPermalink
(b) Sense of Congress- It is the sense of Congress that the governing entity should enact a constitution assuring the rule of law, an independent judiciary, and respect for human rights for its citizens, and should enact other laws and regulations assuring transparent and accountable governance.CommentsClose CommentsPermalink
(c) Waiver- The President may waive subsection (a) if he determines that it is important to the national security interests of the United States to do so.CommentsClose CommentsPermalink
(d) Exemption- The restriction in subsection (a) shall not apply to assistance intended to help reform the Palestinian Authority and affiliated institutions, or the governing entity, in order to help meet the requirements of subsection (a), consistent with the provisions of section 7040 of this Act (‘Limitation on Assistance to the Palestinian Authority’).CommentsClose CommentsPermalink
RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY
Sec. 7037. None of the funds appropriated under titles II through VI of this Act may be obligated or expended to create in any part of Jerusalem a new office of any department or agency of the United States Government for the purpose of conducting official United States Government business with the Palestinian Authority over Gaza and Jericho or any successor Palestinian governing entity provided for in the Israel-PLO Declaration of Principles: Provided, That this restriction shall not apply to the acquisition of additional space for the existing Consulate General in Jerusalem: Provided further, That meetings between officers and employees of the United States and officials of the Palestinian Authority, or any successor Palestinian governing entity provided for in the Israel-PLO Declaration of Principles, for the purpose of conducting official United States Government business with such authority should continue to take place in locations other than Jerusalem. As has been true in the past, officers and employees of the United States Government may continue to meet in Jerusalem on other subjects with Palestinians (including those who now occupy positions in the Palestinian Authority), have social contacts, and have incidental discussions.CommentsClose CommentsPermalink
PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING CORPORATION
Sec. 7038. None of the funds appropriated or otherwise made available by this Act may be used to provide equipment, technical support, consulting services, or any other form of assistance to the Palestinian Broadcasting Corporation.CommentsClose CommentsPermalink
ASSISTANCE FOR THE WEST BANK AND GAZA
Sec. 7039. (a) Oversight- For fiscal year 2009, 30 days prior to the initial obligation of funds for the bilateral West Bank and Gaza Program, the Secretary of State shall certify to the Committees on Appropriations that procedures have been established to assure the Comptroller General of the United States will have access to appropriate United States financial information in order to review the uses of United States assistance for the Program funded under the heading ‘Economic Support Fund’ for the West Bank and Gaza.CommentsClose CommentsPermalink
(b) Vetting- Prior to the obligation of funds appropriated by this Act under the heading ‘Economic Support Fund’ for assistance for the West Bank and Gaza, the Secretary of State shall take all appropriate steps to ensure that such assistance is not provided to or through any individual, private or government entity, or educational institution that the Secretary knows or has reason to believe advocates, plans, sponsors, engages in, or has engaged in, terrorist activity nor, with respect to private entities or educational institutions, those that have as a principal officer of the entity’s governing board or governing board of trustees any individual that has been determined to be involved in, or advocating terrorist activity or determined to be a member of a designated foreign terrorist organization. The Secretary of State shall, as appropriate, establish procedures specifying the steps to be taken in carrying out this subsection and shall terminate assistance to any individual, entity, or educational institution which she has determined to be involved in or advocating terrorist activity.CommentsClose CommentsPermalink
(c) Prohibition-CommentsClose CommentsPermalink
(1) None of the funds appropriated under titles III through VI of this Act for assistance under the West Bank and Gaza Program may be made available for the purpose of recognizing or otherwise honoring individuals who commit, or have committed acts of terrorism.CommentsClose CommentsPermalink
(2) Notwithstanding any other provision of law, none of the funds made available by this or prior appropriations act, including funds made available by transfer, may be made available for obligation for security assistance for the West Bank and Gaza until the Secretary of State reports to the Committees on Appropriations on the benchmarks that have been established for security assistance for the West Bank and Gaza and reports on the extent of Palestinian compliance with such benchmarks.CommentsClose CommentsPermalink
(d) Audits-CommentsClose CommentsPermalink
(1) The Administrator of the United States Agency for International Development shall ensure that Federal or non-Federal audits of all contractors and grantees, and significant subcontractors and sub-grantees, under the West Bank and Gaza Program, are conducted at least on an annual basis to ensure, among other things, compliance with this section.CommentsClose CommentsPermalink
(2) Of the funds appropriated by this Act up to $500,000 may be used by the Office of the Inspector General of the United States Agency for International Development for audits, inspections, and other activities in furtherance of the requirements of this subsection. Such funds are in addition to funds otherwise available for such purposes.CommentsClose CommentsPermalink
(e) Subsequent to the certification specified in subsection (a), the Comptroller General of the United States shall conduct an audit and an investigation of the treatment, handling, and uses of all funds for the bilateral West Bank and Gaza Program, including all funds provided as cash transfer assistance, in fiscal year 2009 under the heading ‘Economic Support Fund’. The audit shall address--CommentsClose CommentsPermalink
(1) the extent to which such Program complies with the requirements of subsections (b) and (c), andCommentsClose CommentsPermalink
(2) an examination of all programs, projects, and activities carried out under such Program, including both obligations and expenditures.CommentsClose CommentsPermalink
(f) Funds made available in this Act for West Bank and Gaza shall be subject to the regular notification procedures of the Committees on Appropriations.CommentsClose CommentsPermalink
(g) Not later than 180 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations updating the report contained in section 2106 of chapter 2 of title II of
LIMITATION ON ASSISTANCE FOR THE PALESTINIAN AUTHORITY
Sec. 7040. (a) Prohibition of Funds- None of the funds appropriated by this Act to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961 may be obligated or expended with respect to providing funds to the Palestinian Authority.CommentsClose CommentsPermalink
(b) Waiver- The prohibition included in subsection (a) shall not apply if the President certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Committees on Appropriations that waiving such prohibition is important to the national security interests of the United States.CommentsClose CommentsPermalink
(c) Period of Application of Waiver- Any waiver pursuant to subsection (b) shall be effective for no more than a period of 6 months at a time and shall not apply beyond 12 months after the enactment of this Act.CommentsClose CommentsPermalink
(d) Report- Whenever the waiver authority pursuant to subsection (b) is exercised, the President shall submit a report to the Committees on Appropriations detailing the justification for the waiver, the purposes for which the funds will be spent, and the accounting procedures in place to ensure that the funds are properly disbursed. The report shall also detail the steps the Palestinian Authority has taken to arrest terrorists, confiscate weapons and dismantle the terrorist infrastructure.CommentsClose CommentsPermalink
(e) Certification- If the President exercises the waiver authority under subsection (b), the Secretary of State must certify and report to the Committees on Appropriations prior to the obligation of funds that the Palestinian Authority has established a single treasury account for all Palestinian Authority financing and all financing mechanisms flow through this account, no parallel financing mechanisms exist outside of the Palestinian Authority treasury account, and there is a single comprehensive civil service roster and payroll.CommentsClose CommentsPermalink
(f) Prohibition-CommentsClose CommentsPermalink
(1) None of the funds appropriated in titles III through VI of this Act may be obligated for salaries of personnel of the Palestinian Authority located in Gaza or may be obligated or expended for assistance to Hamas or any entity effectively controlled by Hamas or any power-sharing government of which Hamas is a member unless the President certifies in writing and reports to the Committees on Appropriations that Hamas has accepted and is complying with the principles contained in section 620K(b)(1)(A) and (B) of the Foreign Assistance Act of 1961, as amended.CommentsClose CommentsPermalink
(2) None of the funds appropriated under titles III through VI of this Act may be obligated for assistance for the Palestine Liberation Organization.CommentsClose CommentsPermalink
BROADCASTING TRANSPARENCY
Sec. 7041. (a) Of the funds appropriated in this Act under the heading ‘International Broadcasting Operations’ for Middle East Broadcasting Networks, 10 percent of the funds shall not be available for obligation until the Broadcasting Board of Governors reports to the Committee on Appropriations on--CommentsClose CommentsPermalink
(1) The results of the independent outside evaluation of Alhurra programming to examine its journalistic integrity and adherence to standards and principles of the United States International Broadcasting Act; andCommentsClose CommentsPermalink
(2) Whether the directives in the explanatory statement accompanying the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008 (division J of
(b) The Office of the Inspector General of the Department of State and the Broadcasting Board of Governors shall monitor adherence to the standards of the Journalistic Code of Ethics of the Middle East Broadcasting Networks, as updated in May 2007.CommentsClose CommentsPermalink
IRAQ
Sec. 7042. (a) ASSISTANCE- None of the funds appropriated or otherwise made available by this Act may be made available for assistance for Iraq, except funds appropriated by this Act under the heading ‘Nonproliferation, Anti-terrorism, Demining and Related Programs’ for the removal and disposal of landmines and other unexploded ordnance, small arms and light weapons in Iraq.CommentsClose CommentsPermalink
(b) MATCHING REQUIREMENT- The terms and conditions of section 1402(e)(1), (2), (3) and (4) of
(c) TRANSITION PLAN- Not later than 180 days after enactment of this Act, the Secretary of State, in consultation with relevant United States Government agencies, shall submit to the Committees on Appropriations a report, in classified form if necessary, that details the plans, costs and timelines associated with the transition of programs and activities funded under titles III through VI of this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs to the Government of Iraq.CommentsClose CommentsPermalink
(d) BASE RIGHTS- None of the funds made available in this Act may be used by the Government of the United States to enter into a permanent basing rights agreement between the United States and Iraq.CommentsClose CommentsPermalink
report on iran sanctions
Sec. 7043. Not later than 180 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations on the status of multilateral and bilateral United States sanctions against Iran and actions taken by the United States and the international community to enforce sanctions against Iran. The report, which may be submitted in classified form if necessary, shall include the following:CommentsClose CommentsPermalink
(1) A list of all current United States bilateral and multilateral sanctions against Iran;CommentsClose CommentsPermalink
(2) A list of all United States and foreign registered entities which the Secretary of State has reason to believe may be in violation of existing United States bilateral and multilateral sanctions;CommentsClose CommentsPermalink
(3) A detailed description of United States efforts to enforce sanctions, including a list of all investigations initiated in the 12 months preceeding the enactment of this Act that have resulted in a determination that a sanctions violation has occurred and United States government actions taken pursuant to the determination;CommentsClose CommentsPermalink
(4) In the instances when sanctions were waived or otherwise not imposed against entities that were determined to have violated United States bilateral or multilateral sanctions, the reason in each instance of why action was not taken to sanction the entity; andCommentsClose CommentsPermalink
(5) A description of United States diplomatic efforts to expand bilateral and multilateral sanctions against Iran and strengthen international efforts to enforce existing sanctions.CommentsClose CommentsPermalink
LEBANON
Sec. 7044. (a) Funds appropriated under the heading ‘Foreign Military Financing Program’ in this Act for assistance for Lebanon shall be made available only to professionalize the Lebanese Armed Forces and to strengthen border security and combat terrorism, including training and equipping the Lebanese Armed Forces to secure Lebanon’s borders, interdicting arms shipments, preventing the use of Lebanon as a safe haven for terrorist groups and implementing United Nations Security Council Resolution 1701.CommentsClose CommentsPermalink
(b) None of the funds in subsection (a) may be made available for obligation until after the Secretary of State provides the Committees on Appropriations a detailed spending plan, which shall include a strategy for professionalizing the Lebanese Armed Forces, strengthening border security and combating terrorism in Lebanon.CommentsClose CommentsPermalink
WESTERN HEMISPHERE
Sec. 7045. (a) Free Trade Agreements- Of the funds appropriated by this Act not less than $10,000,000 from ‘Development Assistance’ and not less than $10,000,000 from ‘Economic Support Fund’ shall be made available for labor and environmental capacity building activities relating to the free trade agreements with countries of Central America, Peru and the Dominican Republic.CommentsClose CommentsPermalink
(b) Haiti-CommentsClose CommentsPermalink
(1) The Government of Haiti shall be eligible to purchase defense articles and services under the Arms Export Control Act (
(2) Of the funds appropriated by this Act under titles III and IV, not less than $251,126,000 shall be made available for assistance for Haiti.CommentsClose CommentsPermalink
(3) None of the funds made available by this Act under the heading ‘International Narcotics Control and Law Enforcement’ may be used to transfer excess weapons, ammunition or other lethal property of an agency of the United States Government to the Government of Haiti for use by the Haitian National Police until the Secretary of State reports to the Committees on Appropriations that any members of the Haitian National Police who have been credibly alleged to have committed serious crimes, including drug trafficking and violations of internationally recognized human rights, have been suspended.CommentsClose CommentsPermalink
(c) Dominican Republic- Of the funds appropriated by this Act that are available for assistance for the Dominican Republic, not less than $5,000,000 shall be made available for basic health care, nutrition, sanitation, education, and shelter for migrant workers and other residents of batey communities.CommentsClose CommentsPermalink
(d) Assistance for Guatemala-CommentsClose CommentsPermalink
(1) Funds appropriated by this Act under the heading ‘International Military Education and Training’ (IMET) that are available for assistance for Guatemala, other than for expanded IMET, may be made available only for the Guatemalan Air Force, Navy and Army Corps of Engineers: Provided, That assistance for the Army Corps of Engineers shall only be available for training to improve disaster response capabilities and to participate in international peacekeeping operations: Provided further, That such funds may be made available only if the Secretary of State certifies that the Air Force, Navy and Army Corps of Engineers are respecting internationally recognized human rights and cooperating with civilian judicial investigations and prosecutions of current and retired military personnel who have been credibly alleged to have committed violations of such rights, and with the International Commission Against Impunity in Guatemala (CICIG) by granting access to CICIG personnel, providing evidence to CICIG, and allowing witness testimony.CommentsClose CommentsPermalink
(2) Of the funds appropriated by this Act under the heading ‘Foreign Military Financing Program’, not more than $500,000 may be made available for the Guatemalan Air Force, Navy and Army Corps of Engineers: Provided, That assistance for the Army Corps of Engineers shall only be available for training to improve disaster response capabilities and to participate in international peacekeeping operations: Provided further, That such funds may be made available only if the Secretary of State certifies that the Air Force, Navy and Army Corps of Engineers are respecting internationally recognized human rights and cooperating with civilian judicial investigations and prosecutions of current and retired military personnel who have been credibly alleged to have committed violations of such rights, including protecting and providing to the Attorney General’s office all military archives pertaining to the internal armed conflict, and cooperating with the CICIG by granting access to CICIG personnel, providing evidence to CICIG, and allowing witness testimony.CommentsClose CommentsPermalink
(e) Assistance for Mexico- Of the funds appropriated under the headings ‘International Narcotics Control and Law Enforcement’, ‘Foreign Military Financing Program’, and ‘Economic Support Fund’ in this Act, not more than $300,000,000 may be made available for assistance for Mexico, only to combat drug trafficking and related violence and organized crime, and for judicial reform, institution building, anti-corruption, and rule of law activities, of which not less than $75,000,000 shall be used for judicial reform, institution building, anti-corruption, and rule of law activities: Provided, That none of the funds made available under this section shall be made available for budget support or as cash payments.CommentsClose CommentsPermalink
(1) ALLOCATION OF FUNDS- Fifteen percent of the funds made available under this section in this Act, for assistance for Mexico, not including assistance for judicial reform, institution building, anti-corruption, and rule of law activities, may not be obligated until the Secretary of State reports in writing to the Committees on Appropriations that the Government of Mexico is continuing to--CommentsClose CommentsPermalink
(A) improve the transparency and accountability of Federal police forces and to work with State and municipal authorities to improve the transparency and accountability of State and municipal police forces through mechanisms including police complaints commissions with authority and independence to receive complaints and carry out effective investigations;CommentsClose CommentsPermalink
(B) conduct regular consultations with Mexican human rights organizations and other relevant Mexican civil society organizations on recommendations for the implementation of the Merida Initiative in accordance with Mexican and international law;CommentsClose CommentsPermalink
(C) ensure that civilian prosecutors and judicial authorities are investigating and prosecuting, in accordance with Mexican and international law, members of the Federal police and military forces who have been credibly alleged to have violated internationally recognized human rights, and the Federal police and military forces are fully cooperating with the investigations; andCommentsClose CommentsPermalink
(D) enforce the prohibition, in accordance with Mexican and international law, on the use of testimony obtained through torture or other ill-treatment.CommentsClose CommentsPermalink
(2) REPORT- The report required in paragraph (1) shall include a description of actions taken with respect to each requirement.CommentsClose CommentsPermalink
(3) SPENDING PLAN- Not later than 45 days after the date of enactment of this Act, the Secretary of State shall submit to the Committees on Appropriations a detailed spending plan, developed after consulting with relevant Mexican Government authorities, for funds made available for Mexico under this section, with concrete goals, programs and activities to be funded, and anticipated results.CommentsClose CommentsPermalink
(4) ANALYSIS OF ALTERNATIVES- Prior to the obligation of funds for the procurement or lease of aircraft, the Director of the Defense Security Cooperation Agency, in consultation with the Secretary of State, shall submit to the Committees on Appropriations an Analysis of Alternatives for the acquisition of all aircraft for the Merida Initiative.CommentsClose CommentsPermalink
(f) Assistance for the Countries of Central America- Of the funds appropriated under the headings ‘International Narcotics Control and Law Enforcement’, ‘Foreign Military Financing Program’, and ‘Economic Support Fund’, $105,000,000 may be made available for assistance for the countries of Central America only to combat drug trafficking and related violence and organized crime, and for judicial reform, institution building, anti-corruption, rule of law activities, and maritime security, of which not less than $35,000,000 shall be made available for judicial reform, institution building, anti-corruption, and rule of law activities: Provided, That of the funds appropriated under the heading ‘Economic Support Fund’, $12,000,000 shall be made available through the United States Agency for International Development for an Economic and Social Development Fund for Central America: Provided further, That none of the funds shall be made available for budget support or as cash payments.CommentsClose CommentsPermalink
(1) Allocation of funds- Fifteen percent of the funds made available by this Act for assistance for the countries of Central America under the headings ‘International Narcotics Control and Law Enforcement’ and ‘Foreign Military Financing Program’ may not be obligated until the Secretary of State reports in writing to the Committees on Appropriations that the government of such country is continuing to--CommentsClose CommentsPermalink
(A) support police complaints commissions with authority and independence to receive complaints and carry out effective investigations;CommentsClose CommentsPermalink
(B) implement reforms to improve the capacity and ensure the independence of the judiciary; andCommentsClose CommentsPermalink
(C) investigate and prosecute members of the Federal police and military forces who have been credibly alleged to have committed violations of internationally recognized human rights.CommentsClose CommentsPermalink
(2) Report- The report required in paragraph (1) shall include a description of actions taken with respect to each requirement.CommentsClose CommentsPermalink
(3) Spending plan- Not later than 45 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committees on Appropriations a detailed spending plan for funds appropriated or otherwise made available for the countries of Central America by this Act, with concrete goals, actions to be taken, budget proposals, and anticipated results.CommentsClose CommentsPermalink
(4) Definition- For the purposes of this section, the term ‘countries of Central America’ means Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama.CommentsClose CommentsPermalink
(g) AIRCRAFT OPERATIONS AND MAINTENANCE- To the maximum extent practicable, the costs of operations and maintenance, including fuel, of aircraft funded by this Act should be borne by the recipient country.CommentsClose CommentsPermalink
colombia
Sec. 7046. (a) Funding- Of the funds appropriated in titles III and IV of this Act, not more than $545,050,000 shall be available for assistance for Colombia.CommentsClose CommentsPermalink
Funds appropriated by this Act and made available to the Department of State for assistance to the Government of Colombia may be used to support a unified campaign against narcotics trafficking and organizations designated as Foreign Terrorist Organizations and successor organizations, and to take actions to protect human health and welfare in emergency circumstances, including undertaking rescue operations: Provided, That assistance made available in prior Acts for the Government of Colombia to protect the Cano-Limon pipeline may also be used for purposes for which funds are made available under the heading ‘Andean Counterdrug Programs’: Provided further, That no United States Armed Forces personnel or United States civilian contractor employed by the United States will participate in any combat operation in connection with assistance made available by this Act for Colombia: Provided further, That rotary and fixed wing aircraft supported with funds appropriated under the heading ‘Andean Counterdrug Programs’ for assistance for Colombia may be used for aerial or manual drug eradication and interdiction including to transport personnel and supplies and to provide security for such operations, and to provide transport in support of alternative development programs and investigations of cases under the jurisdiction of the Attorney General, the Procuraduria General de la Nacion, and the Defensoria del Pueblo: Provided further, That the President shall ensure that if any helicopter procured with funds in this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs, is used to aid or abet the operations of any illegal self-defense group, paramilitary organization, illegal security cooperative or successor organizations in Colombia, such helicopter shall be immediately returned to the United States.CommentsClose CommentsPermalink
Of the funds available under the heading ‘Andean Counterdrug Programs’ in this Act for the Colombian national police for the procurement of chemicals for aerial coca and poppy eradication programs, not more than 20 percent of such funds may be made available for such eradication programs unless the Secretary of State certifies to the Committees on Appropriations that: (1) the herbicide is being used in accordance with EPA label requirements for comparable use in the United States and with Colombian laws; and (2) the herbicide, in the manner it is being used, does not pose unreasonable risks or adverse effects to humans or the environment, including endemic species: Provided, That such funds may not be made available unless the Secretary of State certifies to the Committees on Appropriations that complaints of harm to health or licit crops caused by such aerial eradication are thoroughly evaluated and fair compensation is being paid in a timely manner for meritorious claims: Provided further, That such funds may not be made available for such purposes unless programs are being implemented by the United States Agency for International Development, the Government of Colombia, or other organizations, in consultation and coordination with local communities, to provide alternative sources of income in areas where security permits for small-acreage growers and communities whose illicit crops are targeted for aerial eradication: Provided further, That none of the funds appropriated by this Act for assistance for Colombia shall be made available for the cultivation or processing of African oil palm, if doing so would contribute to significant loss of native species, disrupt or contaminate natural water sources, reduce local food security, or cause the forced displacement of local people: Provided further, That funds appropriated by this Act may be used for aerial eradication in Colombia’s national parks or reserves only if the Secretary of State certifies to the Committees on Appropriations on a case-by-case basis that there are no effective alternatives and the eradication is conducted in accordance with Colombian laws.CommentsClose CommentsPermalink
(b) Assistance for the Armed Forces-CommentsClose CommentsPermalink
(1) FUNDING- Funds appropriated by this Act that are available for assistance for the Colombian Armed Forces, may be made available as follows:CommentsClose CommentsPermalink
(A) Up to 70 percent of such funds may be obligated prior to the certification and report by the Secretary of State pursuant to subparagraph (B).CommentsClose CommentsPermalink
(B) Up to 15 percent of such funds may be obligated only after the Secretary of State consults with, and subsequently certifies and submits a written report to, the Committees on Appropriations that--CommentsClose CommentsPermalink
(i) The Government of Colombia is suspending, and investigating and prosecuting in the civilian justice system, those members of the Colombian Armed Forces, of whatever rank, who have been credibly alleged to have committed violations of internationally recognized human rights, including extra-judicial killings, or to have aided, abetted or benefitted from paramilitary organizations or successor armed groups, and the Colombian Armed Forces are cooperating fully with civilian prosecutors and judicial authorities in such cases.CommentsClose CommentsPermalink
(ii) The Government of Colombia has taken all necessary steps to sever links with paramilitary organizations or successor armed groups.CommentsClose CommentsPermalink
(iii) The Government of Colombia is dismantling paramilitary networks, including by arresting and prosecuting under civilian criminal law individuals who have provided financial, planning, or logistical support, or have otherwise aided, abetted or benefitted from paramilitary organizations or successor armed groups, and by returning land and other assets illegally acquired by such organizations or their associates to their rightful occupants or owners.CommentsClose CommentsPermalink
(iv) The Government of Colombia is respecting the rights of Colombia’s indigenous and Afro-Colombian communities, and the Colombian Armed Forces are implementing procedures to distinguish between civilians, including displaced persons, and combatants in their operations.CommentsClose CommentsPermalink
(2) The balance of such funds may be obligated after July 31, 2009, if, prior to such obligation, the Secretary of State consults with, and submits a written certification to, the Committees on Appropriations that the Government of Colombia is continuing to meet the requirements described in paragraph (1) and is conducting vigorous operations to strengthen civilian institutions and respect for internationally recognized human rights in areas under the influence of paramilitary organizations or successor armed groups and guerrilla organizations.CommentsClose CommentsPermalink
(3) CERTAIN FUNDS EXEMPTED- The requirement to withhold funds from obligation shall not apply with respect to funds made available under the heading ‘Andean Counterdrug Programs’ in this Act for continued support for the Critical Flight Safety Program or for any alternative development programs in Colombia administered by the Bureau of International Narcotics and Law Enforcement Affairs of the Department of State.CommentsClose CommentsPermalink
(4) REPORT- At the time the Secretary of State submits certifications pursuant to paragraphs (1)(B) and (2) of this subsection, the Secretary shall also submit to the Committees on Appropriations a report that contains, with respect to each such paragraph, a detailed description of the specific actions taken by the Government and Armed Forces of Colombia which support each requirement of the certification, and the cases or issues brought to the attention of the Secretary, including through the Department of State’s annual Country Reports on Human Rights Practices, for which the actions taken by the Colombian Government or Armed Forces have been determined by the Secretary of State to be inadequate.CommentsClose CommentsPermalink
(c) Consultative Process- Not later than 60 days after the date of enactment of this Act, and every 180 days thereafter until September 30, 2009, the Secretary of State shall consult with Colombian and internationally recognized human rights organizations regarding progress in meeting the requirements contained in subsection (b)(1).CommentsClose CommentsPermalink
(d) Assistance for Reintegration of Former Combatants-CommentsClose CommentsPermalink
(1) AVAILABILITY OF FUNDS- Of the funds appropriated in this Act under the heading ‘Economic Support Fund’, up to $16,769,000 may be made available in fiscal year 2009 for assistance for the reintegration of former members of foreign terrorist organizations (FTOs) or other illegal armed groups in Colombia, if the Secretary of State consults with and makes a certification described in paragraph (2) to the Committees on Appropriations prior to the initial obligation of amounts for such assistance for the fiscal year involved.CommentsClose CommentsPermalink
(2) CERTIFICATION- A certification described in this subsection is a certification that--CommentsClose CommentsPermalink
(A) assistance for the fiscal year will be provided only for individuals who have: (i) verifiably renounced and terminated any affiliation or involvement with FTOs or other illegal armed groups; (ii) are meeting all the requirements of the Colombia demobilization program, including having disclosed their involvement in past crimes and their knowledge of the FTO’s structure, financing sources, illegal assets, and the location of kidnapping victims and bodies of the disappeared; and (iii) are not involved in criminal activity;CommentsClose CommentsPermalink
(B) the Government of Colombia is providing full cooperation to the Government of the United States to prosecute the extradited leaders and members of FTOs who have been indicted in the United States for murder, torture, kidnapping, narcotics trafficking, or other violations of United States law;CommentsClose CommentsPermalink
(C) the Government of Colombia is not knowingly taking any steps to legalize the titles of land or other assets illegally obtained and held by FTOs, their associates, or successors, has established effective procedures to identify such land and other assets, and is seizing and returning such land and other assets to their rightful occupants or owners;CommentsClose CommentsPermalink
(D) the Government of Colombia is dismantling the organizational structures of FTOs and successor armed groups; andCommentsClose CommentsPermalink
(E) funds shall not be made available as cash payments to individuals and are available only for activities under the following categories: verification, reintegration (including training and education), vetting, recovery of assets for reparations for victims, and investigations and prosecutions.CommentsClose CommentsPermalink
(e) Illegal Armed Groups-CommentsClose CommentsPermalink
(1) DENIAL OF VISAS- Subject to paragraph (2), the Secretary of State shall not issue a visa to any alien who the Secretary determines, based on credible evidence--CommentsClose CommentsPermalink
(A) has willfully provided any support to or benefitted from the Revolutionary Armed Forces of Colombia (FARC), the National Liberation Army (ELN), the United Self-Defense Forces of Colombia (AUC), or successor armed groups, including taking actions or failing to take actions which allow, facilitate, or otherwise foster the activities of such groups; orCommentsClose CommentsPermalink
(B) has committed, ordered, incited, assisted, or otherwise participated in the commission of a violation of internationally recognized human rights, including extra-judicial killings, in Colombia.CommentsClose CommentsPermalink
(2) WAIVER- Paragraph (1) shall not apply if the Secretary of State certifies to the Committees on Appropriations, on a case-by-case basis, that the issuance of a visa to the alien is necessary to support the peace process in Colombia or for urgent humanitarian reasons.CommentsClose CommentsPermalink
(f) Definitions- In this section:CommentsClose CommentsPermalink
(1) AIDED OR ABETTED- The term ‘aided or abetted’ means to provide any support to paramilitary or successor armed groups, including taking actions which allow, facilitate, or otherwise foster the activities of such groups.CommentsClose CommentsPermalink
(2) PARAMILITARY GROUPS- The term ‘paramilitary groups’ means illegal self-defense groups and illegal security cooperatives, including those groups and cooperatives that have formerly demobilized but continue illegal operations, as well as parts thereof.CommentsClose CommentsPermalink
(3) FOREIGN TERRORIST ORGANIZATION- The term ‘foreign terrorist organization’ means an organization designated as a terrorist organization under section 219 of the Immigration and Nationality Act.CommentsClose CommentsPermalink
COMMUNITY-BASED POLICE ASSISTANCE
SEC. 7047. (a) AUTHORITY- Funds made available by titles III and IV of this Act to carry out the provisions of chapter 1 of part I and chapters 4 and 6 of part II of the Foreign Assistance Act of 1961, may be used, notwithstanding section 660 of that Act, to enhance the effectiveness and accountability of civilian police authority through training and technical assistance in human rights, the rule of law, anti-corruption, strategic planning, and through assistance to foster civilian police roles that support democratic governance including assistance for programs to prevent conflict, respond to disasters, address gender-based violence, and foster improved police relations with the communities they serve.CommentsClose CommentsPermalink
(b) NOTIFICATION- Assistance provided under subsection (a) shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.CommentsClose CommentsPermalink
PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS
SEC. 7048. None of the funds appropriated or made available pursuant to titles III through VI of this Act for carrying out the Foreign Assistance Act of 1961, may be used to pay in whole or in part any assessments, arrearages, or dues of any member of the United Nations or, from funds appropriated by this Act to carry out chapter 1 of part I of the Foreign Assistance Act of 1961, the costs for participation of another country’s delegation at international conferences held under the auspices of multilateral or international organizations.CommentsClose CommentsPermalink
WAR CRIMES TRIBUNALS DRAWDOWN
SEC. 7049. If the President determines that doing so will contribute to a just resolution of charges regarding genocide or other violations of international humanitarian law, the President may direct a drawdown pursuant to section 552(c) of the Foreign Assistance Act of 1961 of up to $30,000,000 of commodities and services for the United Nations War Crimes Tribunal established with regard to the former Yugoslavia by the United Nations Security Council or such other tribunals or commissions as the Council may establish or authorize to deal with such violations, without regard to the ceiling limitation contained in paragraph (2) thereof: Provided, That the determination required under this section shall be in lieu of any determinations otherwise required under section 552(c): Provided further, That funds made available for tribunals other than the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda, or the Special Court for Sierra Leone shall be made available subject to the regular notification procedures of the Committees on Appropriations.CommentsClose CommentsPermalink
PEACEKEEPING MISSIONS
SEC. 7050. None of the funds made available under title I of this Act may be used for any United Nations undertaking when it is made known to the Federal official having authority to obligate or expend such funds that: (1) the United Nations undertaking is a peacekeeping mission; (2) such undertaking will involve United States Armed Forces under the command or operational control of a foreign national; and (3) the President’s military advisors have not submitted to the President a recommendation that such involvement is in the national interests of the United States and the President has not submitted to the Congress such a recommendation.CommentsClose CommentsPermalink
PEACEKEEPING ASSESSMENT
SEC. 7051. Section 404(b)(2)(B) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, (
‘(v) For assessments made during each of the calendar years 2005, 2006, 2007, 2008, and 2009, 27.1 percent.’.CommentsClose CommentsPermalink
UNITED NATIONS HUMAN RIGHTS COUNCIL
Sec. 7052. (a) None of the funds appropriated by this Act may be made available for a United States contribution to the United Nations Human Rights Council.CommentsClose CommentsPermalink
(b) The prohibition under subsection (a) shall not apply if--CommentsClose CommentsPermalink
(1) the Secretary of State certifies to the Committees on Appropriations that the provision of funds to support the United Nations Human Rights Council is in the national interest of the United States; orCommentsClose CommentsPermalink
(2) the United States is a member of the Human Rights Council.CommentsClose CommentsPermalink
ATTENDANCE AT INTERNATIONAL CONFERENCES
SEC. 7053. None of the funds made available in this Act may be used to send or otherwise pay for the attendance of more than 50 employees of agencies or departments of the United States Government who are stationed in the United States, at any single international conference occurring outside the United States, unless the Secretary of State reports to the Committees on Appropriations that such attendance is in the national interest: Provided, That for purposes of this section the term ‘international conference’ shall mean a conference attended by representatives of the United States Government and of foreign governments, international organizations, or nongovernmental organizations.CommentsClose CommentsPermalink
RESTRICTIONS ON UNITED NATIONS DELEGATIONS
SEC. 7054. None of the funds made available under title I of this Act may be used to pay expenses for any United States delegation to any specialized agency, body, or commission of the United Nations if such commission is chaired or presided over by a country, the government of which the Secretary of State has determined, for purposes of section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), supports international terrorism.CommentsClose CommentsPermalink
PARKING FINES AND REAL PROPERTY TAXES OWED BY FOREIGN GOVERNMENTS
SEC. 7055. (a) Subject to subsection (c), of the funds appropriated under titles III through VI by this Act that are made available for assistance for a foreign country, an amount equal to 110 percent of the total amount of the unpaid fully adjudicated parking fines and penalties and unpaid property taxes owed by the central government of such country shall be withheld from obligation for assistance for the central government of such country until the Secretary of State submits a certification to the Committees on Appropriations stating that such parking fines and penalties and unpaid property taxes are fully paid.CommentsClose CommentsPermalink
(b) Funds withheld from obligation pursuant to subsection (a) may be made available for other programs or activities funded by this Act, after consultation with and subject to the regular notification procedures of the Committees on Appropriations, provided that no such funds shall be made available for assistance for the central government of a foreign country that has not paid the total amount of the fully adjudicated parking fines and penalties and unpaid property taxes owed by such country.CommentsClose CommentsPermalink
(c) Subsection (a) shall not include amounts that have been withheld under any other provision of law.CommentsClose CommentsPermalink
(d)(1) The Secretary of State may waive the requirements set forth in subsection (a) with respect to parking fines and penalties no sooner than 60 days from the date of enactment of this Act, or at any time with respect to a particular country, if the Secretary determines that it is in the national interests of the United States to do so.CommentsClose CommentsPermalink
(2) The Secretary of State may waive the requirements set forth in subsection (a) with respect to the unpaid property taxes if the Secretary of State determines that it is in the national interests of the United States to do so.CommentsClose CommentsPermalink
(e) Not later than 6 months after the initial exercise of the waiver authority in subsection (d), the Secretary of State, after consultations with the City of New York, shall submit a report to the Committees on Appropriations describing a strategy, including a timetable and steps currently being taken, to collect the parking fines and penalties and unpaid property taxes and interest owed by nations receiving foreign assistance under this Act.CommentsClose CommentsPermalink
(f) In this section:CommentsClose CommentsPermalink
(1) The term ‘fully adjudicated’ includes circumstances in which the person to whom the vehicle is registered--CommentsClose CommentsPermalink
(A)(i) has not responded to the parking violation summons; orCommentsClose CommentsPermalink
(ii) has not followed the appropriate adjudication procedure to challenge the summons; andCommentsClose CommentsPermalink
(B) the period of time for payment of or challenge to the summons has lapsed.CommentsClose CommentsPermalink
(2) The term ‘parking fines and penalties’ means parking fines and penalties--CommentsClose CommentsPermalink
(A) owed to--CommentsClose CommentsPermalink
(i) the District of Columbia; orCommentsClose CommentsPermalink
(ii) New York, New York; andCommentsClose CommentsPermalink
(B) incurred during the period April 1, 1997, through September 30, 2008.CommentsClose CommentsPermalink
(3) The term ‘unpaid property taxes’ means the amount of unpaid taxes and interest determined to be owed by a foreign country on real property in the District of Columbia or New York, New York in a court order or judgment entered against such country by a court of the United States or any State or subdivision thereof.CommentsClose CommentsPermalink
LANDMINES AND CLUSTER MUNITIONS
SEC. 7056. (a) LANDMINES- Notwithstanding any other provision of law, demining equipment available to the United States Agency for International Development and the Department of State and used in support of the clearance of landmines and unexploded ordnance for humanitarian purposes may be disposed of on a grant basis in foreign countries, subject to such terms and conditions as the President may prescribe.CommentsClose CommentsPermalink
(b) CLUSTER MUNITIONS- No military assistance shall be furnished for cluster munitions, no defense export license for cluster munitions may be issued, and no cluster munitions or cluster munitions technology shall be sold or transferred, unless--CommentsClose CommentsPermalink
(1) the submunitions of the cluster munitions have a 99 percent or higher functioning rate; andCommentsClose CommentsPermalink
(2) the agreement applicable to the assistance, transfer, or sale of the cluster munitions or cluster munitions technology specifies that the cluster munitions will only be used against clearly defined military targets and will not be used where civilians are known to be present.CommentsClose CommentsPermalink
millennium challenge corporation
Sec. 7057. (a) The Chief Executive Officer of the Millennium Challenge Corporation shall, not later than 45 days after enactment of this Act, submit to the Committee on Appropriations a report on the proposed uses, on a country-by-country basis, of all funds appropriated under the heading ‘Millennium Challenge Corporation’ in this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs projected to be obligated and expended in fiscal year 2009 and subsequent fiscal years.CommentsClose CommentsPermalink
(b) The report required in paragraph (a) shall be updated on a semi-annual basis and shall include, at a minimum, a description of--CommentsClose CommentsPermalink
(1) compacts in development, including the status of negotiations and the approximate range of value of the proposed compact;CommentsClose CommentsPermalink
(2) compacts in implementation, including the projected expenditure and disbursement of compact funds during fiscal year 2009 and subsequent fiscal years as determined by the country compact;CommentsClose CommentsPermalink
(3) threshold country programs in development, including the approximate range of value of the threshold country agreement;CommentsClose CommentsPermalink
(4) major programmatic changes to existing compacts funded by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs;CommentsClose CommentsPermalink
(5) threshold country programs in implementation; andCommentsClose CommentsPermalink
(6) use of administrative funds.CommentsClose CommentsPermalink
(c) The Chief Executive Officer of the Millennium Challenge Corporation shall notify the Committees on Appropriations not later than 15 days prior to signing any new country compact or new threshold country program; terminating or suspending any country compact or threshold country program; or commencing negotiations for any new compact or threshold country program.CommentsClose CommentsPermalink
limitation on residence expenses
Sec. 7058. Of the funds appropriated or made available pursuant to title II of this Act, not to exceed $100,500 shall be for official residence expenses of the United States Agency for International Development during the current fiscal year: Provided, That appropriate steps shall be taken to assure that, to the maximum extent possible, United States-owned foreign currencies are utilized in lieu of dollars.CommentsClose CommentsPermalink
united states agency for international development management
(including transfer of funds)
SEC. 7059. (a) AUTHORITY- Up to $81,000,000 of the funds made available in title III of this Act to carry out the provisions of part I of the Foreign Assistance Act of 1961, including funds appropriated under the heading ‘Assistance for Europe, Eurasia and Central Asia’, may be used by the United States Agency for International Development (USAID) to hire and employ individuals in the United States and overseas on a limited appointment basis pursuant to the authority of sections 308 and 309 of the Foreign Service Act of 1980.CommentsClose CommentsPermalink
(b) RESTRICTIONS-CommentsClose CommentsPermalink
(1) The number of individuals hired in any fiscal year pursuant to the authority contained in subsection (a) may not exceed 175.CommentsClose CommentsPermalink
(2) The authority to hire individuals contained in subsection (a) shall expire on September 30, 2010.CommentsClose CommentsPermalink
(c) CONDITIONS- The authority of subsection (a) may only be used to the extent that an equivalent number of positions that are filled by personal services contractors or other non-direct hire employees of USAID, who are compensated with funds appropriated to carry out part I of the Foreign Assistance Act of 1961, including funds appropriated under the heading ‘Assistance for Europe, Eurasia and Central Asia’, are eliminated.CommentsClose CommentsPermalink
(d) PRIORITY SECTORS- In exercising the authority of this section, primary emphasis shall be placed on enabling USAID to meet personnel positions in technical skill areas currently encumbered by contractor or other non-direct hire personnel.CommentsClose CommentsPermalink
(e) CONSULTATIONS- The USAID Administrator shall consult with the Committees on Appropriations at least on a quarterly basis concerning the implementation of this section.CommentsClose CommentsPermalink
(f) PROGRAM ACCOUNT CHARGED- The account charged for the cost of an individual hired and employed under the authority of this section shall be the account to which such individual’s responsibilities primarily relate. Funds made available to carry out this section may be transferred to, and merged with, funds appropriated by this Act in title II under the heading ‘Operating Expenses’.CommentsClose CommentsPermalink
(g) FOREIGN SERVICE LIMITED EXTENSIONS- Individuals hired and employed by USAID, with funds made available in this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs, pursuant to the authority of section 309 of the Foreign Service Act of 1980, may be extended for a period of up to 4 years notwithstanding the limitation set forth in such section.CommentsClose CommentsPermalink
(h) JUNIOR OFFICER PLACEMENT AUTHORITY- Of the funds made available in subsection (a), USAID may use, in addition to funds otherwise available for such purposes, up to $15,000,000 to fund overseas support costs of members of the Foreign Service with a Foreign Service rank of four or below: Provided, That such authority is only used to reduce USAID’s reliance on overseas personal services contractors or other non-direct hire employees compensated with funds appropriated to carry out part I of the Foreign Assistance Act of 1961, including funds appropriated under the heading ‘Assistance for Europe, Eurasia and Central Asia’.CommentsClose CommentsPermalink
(i) DISASTER SURGE CAPACITY- Funds appropriated under title III of this Act to carry out part I of the Foreign Assistance Act of 1961, including funds appropriated under the heading ‘Assistance for Europe, Eurasia and Central Asia’, may be used, in addition to funds otherwise available for such purposes, for the cost (including the support costs) of individuals detailed to or employed by USAID whose primary responsibility is to carry out programs in response to natural disasters.CommentsClose CommentsPermalink
(j) Technical Advisors- Up to $13,500,000 of the funds made available by this Act in title III for assistance under the heading ‘Global Health and Child Survival’, may be used to reimburse United States Government agencies, agencies of State governments, institutions of higher learning, and private and voluntary organizations for the full cost of individuals (including for the personal services of such individuals) detailed or assigned to, or contracted by, as the case may be, USAID for the purpose of carrying out activities under that heading: Provided, That up to $3,500,000 of the funds made available by this Act for assistance under the heading ‘Development Assistance’ may be used to reimburse such agencies, institutions, and organizations for such costs of such individuals carrying out other development assistance activities.CommentsClose CommentsPermalink
(k) Personal Services Contractors- Funds appropriated by this Act to carry out chapter 1 of part I, chapter 4 of part II, and section 667 of the Foreign Assistance Act of 1961, and title II of the Agricultural Trade Development and Assistance Act of 1954, may be used by USAID to employ up to 25 personal services contractors in the United States, notwithstanding any other provision of law, for the purpose of providing direct, interim support for new or expanded overseas programs and activities managed by the agency until permanent direct hire personnel are hired and trained: Provided, That not more than 10 of such contractors shall be assigned to any bureau or office: Provided further, That such funds appropriated to carry out title II of the Agricultural Trade Development and Assistance Act of 1954, may be made available only for personal services contractors assigned to the Office of Food for Peace.CommentsClose CommentsPermalink
(l) RECRUITMENT STRATEGY- Not later than December 31, 2009, the USAID Administrator, after consulting with the Secretaries of Defense, Treasury, Agriculture, Interior, Energy, and Health and Human Services, the Director of the Centers for Disease Control and Prevention, the Administrator of the Environmental Protection Agency, and the heads of other relevant Federal departments and agencies, shall submit to the Committees on Appropriations a recruitment strategy for current and former employees from such departments and agencies who possess skills and/or overseas experience which would enhance USAID’s capacity to carry out its mission: Provided, That funds made available under the heading ‘Operating Expenses’ in title II of this Act may be made available to implement the strategy described in the previous proviso, subject to the regular notification procedures of the Committees on Appropriations.CommentsClose CommentsPermalink
(m) HIRING AUTHORITY- Notwithstanding section 307 of the Foreign Service Act of 1980, the USAID Administrator may hire up to 30 individuals under the Development Leadership Initiative: Provided, That the authority contained in this subsection shall expire on September 30, 2010.CommentsClose CommentsPermalink
global health activities
Sec. 7060. (a) Funds appropriated by titles III and IV of this Act that are made available for bilateral assistance for child survival activities or disease programs including activities relating to research on, and the prevention, treatment and control of, HIV/AIDS may be made available notwithstanding any other provision of law except for the provisions under the heading ‘Global Health and Child Survival’ and the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (117 Stat. 711;
(b) Notwithstanding any other provision of this Act, 10 percent of the funds that are appropriated by this Act for a contribution to support the Global Fund to Fight AIDS, Tuberculosis and Malaria (the ‘Global Fund’) shall be withheld from obligation to the Global Fund until the Secretary of State reports to the Committees on Appropriations that the Global Fund--CommentsClose CommentsPermalink
(1) is releasing incremental disbursements only if grantees demonstrate progress against clearly defined performance indicators; andCommentsClose CommentsPermalink
(2) is implementing a reporting system that breaks down grantee budget allocations by programmatic activity.CommentsClose CommentsPermalink
DEVELOPMENT GRANTS PROGRAM
SEC. 7061. Of the funds appropriated by this Act under the heading ‘Development Assistance’, not less than $40,000,000 shall be made available for the Development Grants Program established pursuant to section 674 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008 (division J of
women in development
Sec. 7062. (a) Programs funded under title III of this Act should include, where appropriate, gender considerations in the planning, assessment, implementation, monitoring and evaluation of such programs.CommentsClose CommentsPermalink
(b) Funds made available under title III of this Act should be made available to support programs to enhance economic opportunities for poor women in developing countries, including increasing the number and capacity of women-owned enterprises, improving property rights for women, increasing access to financial services, and improving women’s ability to participate in the global economy.CommentsClose CommentsPermalink
gender-based violence
Sec. 7063. (a) Funds appropriated under the headings ‘Development Assistance’ and ‘Economic Support Fund’ in this Act shall be made available for programs to address sexual and gender-based violence.CommentsClose CommentsPermalink
(b) Programs and activities funded under titles III and IV of this Act that provide training for foreign police, judicial, and military officials shall address, where appropriate, gender-based violence.CommentsClose CommentsPermalink
education
Sec. 7064. (a) Basic Education-CommentsClose CommentsPermalink
(1) Of the funds appropriated by title III of this Act and by prior Acts for fiscal year 2009, not less than $700,000,000 should be made available for assistance for basic education, of which not less than $400,000,000 shall be made available under the heading ‘Development Assistance’.CommentsClose CommentsPermalink
(2) There shall continue to be a Coordinator of United States government actions to provide basic education assistance in developing countries as established in section 664 of division J of
(3) Funds appropriated for basic education in this Act shall be made available for a pilot program in three countries to develop and evaluate the effectiveness and implementation of a 5-year basic education strategic plan.CommentsClose CommentsPermalink
(b) HIGHER EDUCATION- Of the funds appropriated by title III of this Act and by prior Acts for fiscal year 2009, not less than $133,000,000 shall be made available for assistance for higher education.CommentsClose CommentsPermalink
RECONCILIATION PROGRAMS
SEC. 7065. Of the funds appropriated under the headings ‘Development Assistance’ and ‘Economic Support Fund’ in this Act, $25,000,000 shall be made available for reconciliation programs which bring together and facilitate interaction between individuals of different ethnic, religious and political backgrounds from areas of civil conflict and war, of which $9,000,000 shall be made available for such programs in the Middle East: Provided, That the Administrator of the United States Agency for International Development shall consult with the Committees on Appropriations, prior to the initial obligation of funds, on the most effective uses of such funds.CommentsClose CommentsPermalink
comprehensive expenditures report
Sec. 7066. Not later than 180 days after the date of enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations detailing the total amount of United States Government expenditures in fiscal years 2007 and 2008, by Federal agency, for assistance programs and activities in each foreign country, identifying the line item as presented in the President’s Budget Appendix and the purpose for which the funds were provided: Provided, That if required, information may be submitted in classified form.CommentsClose CommentsPermalink
requests for documents
Sec. 7067. None of the funds appropriated or made available pursuant to titles III through VI of this Act shall be available to a nongovernmental organization, including any contractor, which fails to provide upon timely request any document, file, or record necessary to the auditing requirements of the United States Agency for International Development.CommentsClose CommentsPermalink
SENIOR POLICY OPERATING GROUP
SEC. 7068. (a) The Senior Policy Operating Group on Trafficking in Persons, established under section 105(f) of the Victims of Trafficking and Violence Protection Act of 2000 (
(b) None of the funds provided under title I of this or any other Act making appropriations for the Department of State, foreign operations, and related programs shall be expended to perform functions that duplicate coordinating responsibilities of the Operating Group.CommentsClose CommentsPermalink
(c) The Operating Group shall continue to report only to the authorities that appointed them pursuant to section 105(f).CommentsClose CommentsPermalink
prohibition on use of torture
Sec. 7069. None of the funds made available in this Act shall be used in any way whatsoever to support or justify the use of torture, cruel or inhumane treatment by any official or contract employee of the United States Government.CommentsClose CommentsPermalink
africa
Sec. 7070. (a) EXPANDED INTERNATIONAL MILITARY EDUCATION AND TRAINING-CommentsClose CommentsPermalink
(1) Funds appropriated under the heading ‘International Military Education and Training’ in this Act that are made available for assistance for Angola, Cameroon, Central African Republic, Chad, Cote D’Ivoire, and Guinea may be made available only for expanded international military education and training.CommentsClose CommentsPermalink
(2) None of the funds appropriated under the heading ‘International Military Education and Training’ in this Act may be made available for assistance for Equatorial Guinea.CommentsClose CommentsPermalink
(b)(1) Sudan Limitation on Assistance- Subject to subsection (2):CommentsClose CommentsPermalink
(A) Notwithstanding any other provision of law, none of the funds appropriated by this Act may be made available for assistance for the Government of Sudan.CommentsClose CommentsPermalink
(B) None of the funds appropriated by this Act may be made available for the cost, as defined in section 502, of the Congressional Budget Act of 1974, of modifying loans and loan guarantees held by the Government of Sudan, including the cost of selling, reducing, or canceling amounts owed to the United States, and modifying concessional loans, guarantees, and credit agreements.CommentsClose CommentsPermalink
(2) Subsection (b)(1) shall not apply if the Secretary of State determines and certifies to the Committees on Appropriations that:CommentsClose CommentsPermalink
(A) The Government of Sudan honors its pledges to cease attacks upon civilians and disarms and demobilizes the Janjaweed and other government-supported militias.CommentsClose CommentsPermalink
(B) The Government of Sudan and all government-supported militia groups are honoring their commitments made in all previous cease-fire agreements.CommentsClose CommentsPermalink
(C) The Government of Sudan is allowing unimpeded access to Darfur to humanitarian aid organizations, the human rights investigation and humanitarian teams of the United Nations, including protection officers, and an international monitoring team that is based in Darfur and has the support of the United States.CommentsClose CommentsPermalink
(3) Exceptions- The provisions of subsection (b)(1) shall not apply to--CommentsClose CommentsPermalink
(A) humanitarian assistance;CommentsClose CommentsPermalink
(B) assistance for the Darfur region, Southern Sudan, Southern Kordofan/Nuba Mountains State, Blue Nile State, and Abyei; andCommentsClose CommentsPermalink
(C) assistance to support implementation of the Comprehensive Peace Agreement and the Darfur Peace Agreement or any other internationally-recognized viable peace agreement in Sudan.CommentsClose CommentsPermalink
(4) Definitions- For the purposes of this Act, the term ‘Government of Sudan’ shall not include the Government of Southern Sudan.CommentsClose CommentsPermalink
(5) Notwithstanding any other law, assistance in this Act may be made available to the Government of Southern Sudan to provide non-lethal military assistance, military education and training, and defense services controlled under the International Traffic in Arms Regulations (22 CRF 120.1 et seq.) if the Secretary of State--CommentsClose CommentsPermalink
(A) determines that the provision of such items is in the national interest of the United States; andCommentsClose CommentsPermalink
(B) not later than 15 days before the provision of any such assistance, notifies the Committees on Appropriations of such determination.CommentsClose CommentsPermalink
(c) HORN OF AFRICA AND PAN SAHEL PROGRAM- Funds appropriated under the heading ‘Economic Support Fund’ in this Act that are made available for programs and activities to counter extremism in the Horn of Africa and the Pan Sahel region of Africa, shall be administered by the United States Agency for International Development, and are in addition to funds otherwise made available for such purposes.CommentsClose CommentsPermalink
(d) WAR CRIMES IN AFRICA-CommentsClose CommentsPermalink
(1) The Congress reaffirms its support for the efforts of the International Criminal Tribunal for Rwanda (ICTR) and the Special Court for Sierra Leone (SCSL) to bring to justice individuals responsible for war crimes and crimes against humanity in a timely manner.CommentsClose CommentsPermalink
(2) Funds appropriated by this Act, including funds for debt restructuring, may be made available for assistance for the central government of a country in which individuals indicted by ICTR and SCSL are credibly alleged to be living, if the Secretary of State determines and reports to the Committees on Appropriations that such government is cooperating with ICTR and SCSL, including the surrender and transfer of indictees in a timely manner: Provided, That this subsection shall not apply to assistance provided under section 551 of the Foreign Assistance Act of 1961 or to project assistance under title VI of this Act: Provided further, That the United States shall use its voice and vote in the United Nations Security Council to fully support efforts by ICTR and SCSL to bring to justice individuals indicted by such tribunals in a timely manner.CommentsClose CommentsPermalink
(3) The prohibition in subsection (2) may be waived on a country-by-country basis if the President determines that doing so is in the national security interest of the United States: Provided, That prior to exercising such waiver authority, the President shall submit a report to the Committees on Appropriations, in classified form if necessary, on--CommentsClose CommentsPermalink
(A) the steps being taken to obtain the cooperation of the government in surrendering the indictee in question to the court of jurisdiction;CommentsClose CommentsPermalink
(B) a strategy, including a timeline, for bringing the indictee before such court; andCommentsClose CommentsPermalink
(C) the justification for exercising the waiver authority.CommentsClose CommentsPermalink
(e) ZIMBABWE-CommentsClose CommentsPermalink
(1) The Secretary of the Treasury shall instruct the United States executive director to each international financial institution to vote against any extension by the respective institution of any loans to the Government of Zimbabwe, except to meet basic human needs or to promote democracy, unless the Secretary of State determines and reports in writing to the Committees on Appropriations that the rule of law has been restored in Zimbabwe, including respect for ownership and title to property, freedom of speech and association, and a transition government has been established that reflects the will of the people as they voted in the March 2008 elections.CommentsClose CommentsPermalink
(2) None of the funds appropriated by this Act shall be made available for assistance for the central government of Zimbabwe unless the Secretary of State makes the determination pursuant to subsection (e)(1).CommentsClose CommentsPermalink
asia
Sec. 7071. (a) Tibet-CommentsClose CommentsPermalink
(1) The Secretary of the Treasury should instruct the United States executive director to each international financial institution to use the voice and vote of the United States to support projects in Tibet if such projects do not provide incentives for the migration and settlement of non-Tibetans into Tibet or facilitate the transfer of ownership of Tibetan land and natural resources to non-Tibetans; are based on a thorough needs-assessment; foster self-sufficiency of the Tibetan people and respect Tibetan culture and traditions; and are subject to effective monitoring.CommentsClose CommentsPermalink
(2) Notwithstanding any other provision of law, not less than $7,300,000 of the funds appropriated by this Act under the heading ‘Economic Support Fund’ should be made available to nongovernmental organizations to support activities which preserve cultural traditions and promote sustainable development and environmental conservation in Tibetan communities in the Tibetan Autonomous Region and in other Tibetan communities in China.CommentsClose CommentsPermalink
(b) BURMA-CommentsClose CommentsPermalink
(1) The Secretary of the Treasury shall instruct the United States executive director to each appropriate international financial institution in which the United States participates, to oppose and vote against the extension by such institution any loan or financial or technical assistance or any other utilization of funds of the respective bank to and for Burma.CommentsClose CommentsPermalink
(2) Of the funds appropriated by this Act under the heading ‘Economic Support Fund’, not less than $15,000,000 shall be made available to support democracy activities in Burma, along the Burma-Thailand border, for activities of Burmese student groups and other organizations located outside Burma, and for the purpose of supporting the provision of humanitarian assistance to displaced Burmese along Burma’s borders: Provided, That such funds may be made available notwithstanding any other provision of law: Provided further, That in addition to assistance for Burmese refugees provided under the heading ‘Migration and Refugee Assistance’ in this Act, not less than $4,000,000 shall be made available for community-based organizations operating in Thailand to provide food, medical and other humanitarian assistance to internally displaced persons in eastern Burma: Provided further, That funds made available under this paragraph shall be subject to the regular notification procedures of the Committees on Appropriations.CommentsClose CommentsPermalink
(c) INDONESIA-CommentsClose CommentsPermalink
(1) Of the funds appropriated by this Act under the heading ‘Foreign Military Financing Program’, not to exceed $15,700,000 shall be made available for assistance for Indonesia, of which $2,000,000 shall be made available only after the Secretary of State submits to the Committees on Appropriations the report on Indonesia detailed in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act) under such heading.CommentsClose CommentsPermalink
(2) Of the funds appropriated by this Act under the heading ‘Economic Support Fund’ that are available for assistance for Indonesia, not less than $300,000 should be made available for grants for capacity building of Indonesian human rights organizations, including in Papua.CommentsClose CommentsPermalink
(d) CAMBODIA- Funds appropriated under the heading ‘Economic Support Fund’ in this Act for assistance for Cambodia may be used for an endowment, and shall be made available to strengthen the capacity of the Government of Cambodia to combat human trafficking, notwithstanding any other provision of law.CommentsClose CommentsPermalink
(e) NORTH KOREA-CommentsClose CommentsPermalink
(1) Funds made available under the heading ‘Migration and Refugee Assistance’ in this Act shall be made available for assistance for refugees from North Korea.CommentsClose CommentsPermalink
(2) Of the funds made available under the heading ‘International Broadcasting Operations’ in title I of this Act, not less than $8,000,000 shall be made available for broadcasts into North Korea.CommentsClose CommentsPermalink
(3) None of the funds made available under the heading ‘Economic Support Fund’ in fiscal year 2009 may be made available for obligation for energy-related assistance for North Korea unless the Secretary of State determines and reports to the Committees on Appropriations that North Korea is continuing to fulfill its commitments under the Six Party Talks agreements.CommentsClose CommentsPermalink
(f) PEOPLE’S REPUBLIC OF CHINA-CommentsClose CommentsPermalink
(1) Notwithstanding any other provision of law and subject to the regular notification procedures of the Committees on Appropriations, of the funds appropriated under the heading ‘Development Assistance’ in this Act, not less than $11,000,000 shall be made available to United States educational institutions and nongovernmental organizations for programs and activities in the People’s Republic of China relating to the environment, governance and the rule of law.CommentsClose CommentsPermalink
(2) None of the funds appropriated under the heading ‘Diplomatic and Consular Programs’ in this Act may be obligated or expended for processing licenses for the export of satellites of United States origin (including commercial satellites and satellite components) to the People’s Republic of China unless, at least 15 days in advance, the Committees on Appropriations are notified of such proposed action.CommentsClose CommentsPermalink
(3) Not later than 180 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations detailing, to the extent practicable, the amount of assistance provided by the People’s Republic of China to governments and entities in Latin America and Africa during the previous calendar year, and shall make such report publicly available in a timely manner on the website of the Department of State and the United States Agency for International Development in English and Mandarin.CommentsClose CommentsPermalink
(4) Of the funds appropriated under the heading ‘Diplomatic and Consular Programs’ in this Act, $1,000,000 shall be made available to the Bureau of International Information Programs to disseminate information, in Mandarin, in the People’s Republic of China: Provided, That such information shall include issues of governance, transparency, corruption, rule of law, and the environment, and the findings of the report required by paragraph (3) of this subsection, and shall be disseminated through the Internet, text messaging or other means, and directed to economically depressed areas of the People’s Republic of China: Provided further, That such funds are in addition to funds otherwise made available for such purposes: Provided further, That the Department of State shall consult with the Committees on Appropriations prior to the initial obligation of funds made available by this subsection.CommentsClose CommentsPermalink
(5) The terms and requirements of section 620(h) of the Foreign Assistance Act of 1961 shall apply to foreign assistance projects or activities of the People’s Liberation Army (PLA) of the People’s Republic of China, to include such projects or activities by any entity that is owned or controlled by, or an affiliate of, the PLA: Provided, That none of the funds appropriated or otherwise made available pursuant to this Act may be used to finance any grant, contract, or cooperative agreement with the PLA, or any entity that the Secretary of State has reason to believe is owned or controlled by, or an affiliate of, the PLA.CommentsClose CommentsPermalink
(g) PHILIPPINES- Of the funds appropriated by this Act under the heading ‘Foreign Military Financing Program’, not to exceed $30,000,000 may be made available for assistance for the Philippines, of which $2,000,000 may not be obligated until the Secretary of State reports in writing to the Committees on Appropriations that--CommentsClose CommentsPermalink
(1) the Government of the Philippines is taking effective steps to implement the recommendations of the United Nations Special Rapporteur on Extra-judicial, Summary or Arbitrary Executions, to include prosecutions and convictions for extrajudicial executions; sustaining the decline in the number of extra-judicial executions; addressing allegations of a death squad in Davao City; and strengthening government institutions working to eliminate extra-judicial executions;CommentsClose CommentsPermalink
(2) the Government of the Philippines is implementing a policy of promoting military personnel who demonstrate professionalism and respect for internationally recognized human rights, and is investigating and prosecuting military personnel and others who have been credibly alleged to have violated such rights; andCommentsClose CommentsPermalink
(3) the Philippine Armed Forces do not have a policy of, and are not engaging in, acts of intimidation or violence against members of legal organizations who advocate for human rights.CommentsClose CommentsPermalink
(h) VIETNAM- Notwithstanding any other provision of law, funds appropriated under the heading ‘Development Assistance’ in this Act may be made available for programs and activities in the central highlands of Vietnam, and shall be made available for environmental remediation and related health activities in Vietnam.CommentsClose CommentsPermalink
SERBIA
SEC. 7072. (a) Funds appropriated by this Act may be made available for assistance for the central Government of Serbia after May 31, 2009, if the President has made the determination and certification contained in subsection (c).CommentsClose CommentsPermalink
(b) After May 31, 2009, the Secretary of the Treasury should instruct the United States executive directors to the international financial institutions to support loans and assistance to the Government of Serbia subject to the conditions in subsection (c).CommentsClose CommentsPermalink
(c) The determination and certification referred to in subsection (a) is a determination and a certification by the President to the Committees on Appropriations that the Government of Serbia is--CommentsClose CommentsPermalink
(1) cooperating with the International Criminal Tribunal for the former Yugoslavia including access for investigators, the provision of documents, timely information on the location, movement, and sources of financial support of indictees, and the surrender and transfer of indictees or assistance in their apprehension, including Ratko Mladic;CommentsClose CommentsPermalink
(2) taking steps that are consistent with the Dayton Accords to end Serbian financial, political, security and other support which has served to maintain separate Republika Srpska institutions; andCommentsClose CommentsPermalink
(3) taking steps to implement policies which reflect a respect for minority rights and the rule of law.CommentsClose CommentsPermalink
(d) This section shall not apply humanitarian assistance or assistance to promote democracy.CommentsClose CommentsPermalink
independent states of the former soviet union
Sec. 7073. (a) None of the funds appropriated under the heading ‘Assistance for Europe, Eurasia and Central Asia’ shall be made available for assistance for a government of an Independent State of the former Soviet Union if that government directs any action in violation of the territorial integrity or national sovereignty of any other Independent State of the former Soviet Union, such as those violations included in the Helsinki Final Act: Provided, That such funds may be made available without regard to the restriction in this subsection if the President determines that to do so is in the national security interest of the United States.CommentsClose CommentsPermalink
(b) Funds appropriated under the heading ‘Assistance for Europe, Eurasia and Central Asia’ for the Russian Federation, Armenia, Kazakhstan, and Uzbekistan shall be subject to the regular notification procedures of the Committees on Appropriations.CommentsClose CommentsPermalink
(c)(1) Of the funds appropriated under the heading ‘Assistance for Europe, Eurasia and Central Asia’ that are allocated for assistance for the Government of the Russian Federation, 60 percent shall be withheld from obligation until the President determines and certifies in writing to the Committees on Appropriations that the Government of the Russian Federation--CommentsClose CommentsPermalink
(A) has terminated implementation of arrangements to provide Iran with technical expertise, training, technology, or equipment necessary to develop a nuclear reactor, related nuclear research facilities or programs, or ballistic missile capability; andCommentsClose CommentsPermalink
(B) is providing full access to international non-government organizations providing humanitarian relief to refugees and internally displaced persons in Chechnya.CommentsClose CommentsPermalink
(2) Paragraph (1) shall not apply to--CommentsClose CommentsPermalink
(A) assistance to combat infectious diseases, child survival activities, or assistance for victims of trafficking in persons; andCommentsClose CommentsPermalink
(B) activities authorized under title V (Nonproliferation and Disarmament Programs and Activities) of the FREEDOM Support Act.CommentsClose CommentsPermalink
(d) Section 907 of the FREEDOM Support Act shall not apply to--CommentsClose CommentsPermalink
(1) activities to support democracy or assistance under title V of the FREEDOM Support Act and section 1424 of
(2) any assistance provided by the Trade and Development Agency under section 661 of the Foreign Assistance Act of 1961 (
(3) any activity carried out by a member of the United States and Foreign Commercial Service while acting within his or her official capacity;CommentsClose CommentsPermalink
(4) any insurance, reinsurance, guarantee or other assistance provided by the Overseas Private Investment Corporation under title IV of chapter 2 of part I of the Foreign Assistance Act of 1961 (
(5) any financing provided under the Export-Import Bank Act of 1945; orCommentsClose CommentsPermalink
(6) humanitarian assistance.CommentsClose CommentsPermalink
repression in the russian federation
Sec. 7074. (a) None of the funds appropriated under the heading ‘Assistance for Europe, Eurasia and Central Asia’ in this Act may be made available for the Government of the Russian Federation, after 180 days from the date of the enactment of this Act, unless the President determines and certifies in writing to the Committees on Appropriations that the Government of the Russian Federation: (1) has implemented no statute, Executive order, regulation or similar government action that would discriminate, or which has as its principal effect discrimination, against religious groups or religious communities in the Russian Federation in violation of accepted international agreements on human rights and religious freedoms to which the Russian Federation is a party; and (2) is (A) honoring its international obligations regarding freedom of expression, assembly, and press, as well as due process; (B) investigating and prosecuting law enforcement personnel credibly alleged to have committed human rights abuses against political leaders, activists and journalists; and (C) immediately releasing political leaders, activists and journalists who remain in detention.CommentsClose CommentsPermalink
(b) The Secretary of State may waive the requirements of subsection (a) if the Secretary determines that to do so is important to the national interests of the United States.CommentsClose CommentsPermalink
central asia
Sec. 7075. (a) Funds appropriated by this Act may be made available for assistance for the Government of Kazakhstan only if the Secretary of State determines and reports to the Committees on Appropriations that the Government of Kazakhstan has made significant improvements in the protection of human rights and civil liberties during the preceding 6 month period, including by fulfilling obligations recommended by the Organization for Security and Cooperation in Europe (OSCE) in the areas of election procedures, media freedom, freedom of religion, free assembly and minority rights, and by meeting the commitments it made in connection with its assumption of the Chairmanship of the OSCE in 2010.CommentsClose CommentsPermalink
(b) The Secretary of State may waive subsection (a) if the Secretary determines and reports to the Committees on Appropriations that such a waiver is important to the national security of the United States.CommentsClose CommentsPermalink
(c) Not later than October 1, 2009, the Secretary of State shall submit a report to the Committees on Appropriations describing the following:CommentsClose CommentsPermalink
(1) The defense articles, defense services, and financial assistance provided by the United States to the countries of Central Asia during the 12-month period ending 30 days prior to submission of such report.CommentsClose CommentsPermalink
(2) The use during such period of defense articles, defense services, and financial assistance provided by the United States by units of the armed forces, border guards, or other security forces of such countries.CommentsClose CommentsPermalink
(d) For purposes of this section, the term ‘countries of Central Asia’ means Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan, and Turkmenistan.CommentsClose CommentsPermalink
uzbekistan
Sec. 7076. (a) Funds appropriated by this Act may be made available for assistance for the central Government of Uzbekistan only if the Secretary of State determines and reports to the Committees on Appropriations that the Government of Uzbekistan is making substantial and continuing progress--CommentsClose CommentsPermalink
(1) in meeting its commitments under the ‘Declaration on the Strategic Partnership and Cooperation Framework Between the Republic of Uzbekistan and the United States of America’, including respect for internationally recognized human rights, establishing a genuine multi-party system, and ensuring free and fair elections, freedom of expression, and the independence of the media; andCommentsClose CommentsPermalink
(2) in investigating and prosecuting the individuals responsible for the deliberate killings of civilians in Andijan in May 2005.CommentsClose CommentsPermalink
(b) If the Secretary of State has credible evidence that any current or former official of the Government of Uzbekistan was responsible for the deliberate killings of civilians in Andijan in May 2005, or for other violations of internationally recognized human rights in Uzbekistan, not later than 6 months after enactment of this Act any person identified by the Secretary pursuant to this subsection shall be ineligible for admission to the United States.CommentsClose CommentsPermalink
(c) The restriction in subsection (b) shall cease to apply if the Secretary determines and reports to the Committees on Appropriations that the Government of Uzbekistan has taken concrete and measurable steps to improve respect for internationally recognized human rights, including allowing peaceful political and religious expression, releasing imprisoned human rights defenders, and implementing recommendations made by the United Nations on torture.CommentsClose CommentsPermalink
(d) The Secretary may waive the application of subsection (b) if the Secretary determines that admission to the United States is necessary to attend the United Nations or to further United States law enforcement objectives.CommentsClose CommentsPermalink
(e) For the purpose of this section ‘assistance’ shall include excess defense articles.CommentsClose CommentsPermalink
afghanistan
Sec. 7077. Of the funds appropriated under titles III and IV of this Act, not less than $1,041,950,000 should be made available for assistance for Afghanistan, of which not less than $100,000,000 shall be made available to support programs that directly address the needs of Afghan women and girls, including for the Afghan Independent Human Rights Commission, the Afghan Ministry of Women’s Affairs, and for women-led nonprofit organizations in Afghanistan.CommentsClose CommentsPermalink
enterprise funds
Sec. 7078. (a) Prior to the distribution of any assets resulting from any liquidation, dissolution, or winding up of an Enterprise Fund, in whole or in part, the President shall submit to the Committees on Appropriations, in accordance with the regular notification procedures of the Committees on Appropriations, a plan for the distribution of the assets of the Enterprise Fund.CommentsClose CommentsPermalink
(b) Funds made available under titles III through VI of this Act for Enterprise Funds shall be expended at the minimum rate necessary to make timely payment for projects and activities and shall be subject to the regular notification procedures of the Committees on Appropriations.CommentsClose CommentsPermalink
united nations population fund
Sec. 7079. (a) Contribution- Of the funds made available under the headings ‘International Organizations and Programs’ and ‘Global Health and Child Survival’ in this Act for fiscal year 2009, $50,000,000 shall be made available for the United Nations Population Fund (UNFPA), of which not more than $30,000,000 shall be derived from funds appropriated under the heading ‘International Organizations and Programs’.CommentsClose CommentsPermalink
(b) Availability of Funds- Funds appropriated by this Act for UNFPA, that are not made available because of the operation of any provision of law, shall be made available to UNFPA notwithstanding any such provision of law, subject to the regular notification procedures of the Committees on Appropriations, only for the following purposes and subject to the provisions of this section--CommentsClose CommentsPermalink
(1) provide and distribute equipment, medicine, and supplies, including safe delivery kits and hygiene kits, to ensure safe childbirth and emergency obstetric care;CommentsClose CommentsPermalink
(2) make available supplies of contraceptives for the prevention of unintended pregnancies and the spread of sexually transmitted infections, including HIV/AIDS;CommentsClose CommentsPermalink
(3) prevent and treat cases of obstetric fistula;CommentsClose CommentsPermalink
(4) reestablish maternal health services in areas where medical infrastructure and such services have been destroyed or limited by natural disasters, armed conflict, or other factors;CommentsClose CommentsPermalink
(5) promote abandonment of female genital mutilation and cutting and child marriage; andCommentsClose CommentsPermalink
(6) promote access to basic services, including clean water, sanitation facilities, food, and health care, for poor women and girls.CommentsClose CommentsPermalink
(c) Prohibition on Use of Funds in China- None of the funds made available by this Act may be used by UNFPA for a country program in the People’s Republic of China.CommentsClose CommentsPermalink
(d) Conditions on Availability of Funds- Funds made available by this Act for UNFPA may be made available if--CommentsClose CommentsPermalink
(1) UNFPA maintains funds made available by this Act in an account separate from other accounts of UNFPA and does not commingle such funds with other sums; andCommentsClose CommentsPermalink
(2) UNFPA does not fund abortions.CommentsClose CommentsPermalink
(e) Report to Congress and Witholding of Funds-CommentsClose CommentsPermalink
(1) Not later than 60 days after the date of enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations indicating the amount of funds that the UNFPA is budgeting for the year in which the report is submitted for a country program in the People’s Republic of China.CommentsClose CommentsPermalink
(2) If the report under this subparagraph indicates that the UNFPA plans to spend funds for a country program in the People’s Republic of China in the year covered by the report, then the amount of such funds the UNFPA plans to spend in the People’s Republic of China shall be deducted from the funds made available to the UNFPA after March 1 for obligation for the remainder of the fiscal year in which the report is submitted.CommentsClose CommentsPermalink
PROHIBITION ON PUBLICITY OR PROPAGANDA
SEC. 7080. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes within the United States not authorized before the date of the enactment of this Act by the Congress: Provided, That not to exceed $25,000 may be made available to carry out the provisions of section 316 of
OPIC
(INCLUDING TRANSFER OF FUNDS)
SEC. 7081. (a) AUTHORITY- Notwithstanding section 235(a)(2) of the Foreign Assistance Act of 1961 (
(b) FUNDING- Whenever the President determines that it is in furtherance of the purposes of the Foreign Assistance Act of 1961, up to a total of $20,000,000 of the funds appropriated under title III of this Act may be transferred to, and merged with, funds appropriated by this Act for the Overseas Private Investment Corporation Program Account, to be subject to the terms and conditions of that account: Provided, That such funds shall not be available for administrative expenses of the Overseas Private Investment Corporation: Provided further, That designated funding levels in this Act shall not be transferred pursuant to this section: Provided further, That the exercise of such authority shall be subject to the regular notification procedures of the Committees on Appropriations.CommentsClose CommentsPermalink
extradition
Sec. 7082. (a) None of the funds appropriated in this Act may be used to provide assistance (other than funds provided under the headings ‘International Narcotics Control and Law Enforcement’, ‘Migration and Refugee Assistance’, ‘Emergency Migration and Refugee Assistance’, and ‘Nonproliferation, Anti-terrorism, Demining and Related Assistance’) for the central government of a country which has notified the Department of State of its refusal to extradite to the United States any individual indicted for a criminal offense for which the maximum penalty is life imprisonment without the possibility of parole or for killing a law enforcement officer, as specified in a United States extradition request.CommentsClose CommentsPermalink
(b) Subsection (a) shall only apply to the central government of a country with which the United States maintains diplomatic relations and with which the United States has an extradition treaty and the government of that country is in violation of the terms and conditions of the treaty.CommentsClose CommentsPermalink
(c) The Secretary of State may waive the restriction in subsection (a) on a case-by-case basis if the Secretary certifies to the Committees on Appropriations that such waiver is important to the national interests of the United States.CommentsClose CommentsPermalink
ENERGY AND ENVIRONMENT
SEC. 7083. (a) CLEAN ENERGY- Of the funds appropriated by title III of this Act, not less than $100,000,000 shall be made available to the United States Agency for International Development (USAID), in addition to funds otherwise made available for such purposes, for programs and activities that reduce global warming by promoting the sustainable use of renewable energy technologies and energy efficient end-use technologies, carbon sequestration, and carbon accounting.CommentsClose CommentsPermalink
(b) CLIMATE CHANGE ADAPTATION- Of the funds appropriated by this Act, up to $10,000,000 shall be made available for a United States contribution to the Least Developed Countries Fund to support grants for climate change adaptation programs and activities, if the Global Environment Facility makes publicly available on its website an annual report detailing the criteria used to determine which programs and activities receive funds, the manner in which such programs and activities meet such criteria, the extent of local involvement in such programs and activities, the amount of funds provided, and the results achieved.CommentsClose CommentsPermalink
(c) BIODIVERSITY- Of the funds appropriated by title III of this Act and by prior Acts for fiscal year 2009, not less than $195,000,000 shall be made available for programs and activities which directly protect biodiversity, including tropical forests and wildlife, in developing countries, of which not less than $25,000,000 shall be made available for USAID’s conservation programs in the Amazon Basin: Provided, That of the funds made available under this paragraph, not less than $17,500,000 shall be made available for the Congo Basin Forest Partnership of which not less than $2,500,000 shall be made available to the United States Fish and Wildlife Service for conservation programs in Africa: Provided further, That funds appropriated by this Act to carry out the provisions of sections 103 through 106, and chapter 4 of part II, of the Foreign Assistance Act of 1961 may be used, notwithstanding any other provision of law, for the purpose of supporting tropical forestry and biodiversity conservation activities and energy programs aimed at reducing greenhouse gas emissions: Provided further, That funds appropriated under the heading ‘Development Assistance’ may be made available as a contribution to the Galapagos Invasive Species Fund.CommentsClose CommentsPermalink
(d)(1) EXTRACTION OF NATURAL RESOURCES- The Secretary of the Treasury shall inform the managements of the international financial institutions and the public that it is the policy of the United States to oppose any assistance by such institutions (including but not limited to any loan, credit, grant, or guarantee) for the extraction and export of oil, gas, coal, timber, or other natural resource unless the government of the country has in place functioning systems for: (i) accurately accounting for payments for companies involved in the extraction and export of natural resources; (ii) the independent auditing of accounts receiving such payments and the widespread public dissemination of the findings of such audits; and (iii) verifying government receipts against company payments including widespread dissemination of such payment information, and disclosing such documents as Host Government Agreements, Concession Agreements, and bidding documents, allowing in any such dissemination or disclosure for the redaction of, or exceptions for, information that is commercially proprietary or that would create competitive disadvantage.CommentsClose CommentsPermalink
(2) Not later than 180 days after the enactment of this Act, the Secretary of the Treasury shall submit a report to the Committees on Appropriations describing, for each international financial institution, the amount and type of assistance provided, by country, for the extraction and export of oil, gas, coal, timber, or other natural resources in the preceeding 12 months, and whether each institution considered, in its proposal for such assistance, the extent to which the country has functioning systems described in paragraph (1).CommentsClose CommentsPermalink
prohibition on promotion of tobacco
Sec. 7084. None of the funds provided by this Act shall be available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products, except for restrictions which are not applied equally to all tobacco or tobacco products of the same type.CommentsClose CommentsPermalink
COMMERCIAL LEASING OF DEFENSE ARTICLES
SEC. 7085. Notwithstanding any other provision of law, and subject to the regular notification procedures of the Committees on Appropriations, the authority of section 23(a) of the Arms Export Control Act may be used to provide financing to Israel, Egypt and NATO and major non-NATO allies for the procurement by leasing (including leasing with an option to purchase) of defense articles from United States commercial suppliers, not including Major Defense Equipment (other than helicopters and other types of aircraft having possible civilian application), if the President determines that there are compelling foreign policy or national security reasons for those defense articles being provided by commercial lease rather than by government-to-government sale under such Act.CommentsClose CommentsPermalink
ANTI-KLEPTOCRACY
SEC. 7086. (a) In furtherance of the National Strategy to Internationalize Efforts Against Kleptocracy and Presidential Proclamation 7750, the Secretary of State shall compile and maintain a list of officials of foreign governments and their immediate family members who the Secretary has credible evidence have been involved in corruption relating to the extraction of natural resources in their countries.CommentsClose CommentsPermalink
(b) Any individual on the list compiled under subsection (a) shall be ineligible for admission to the United States.CommentsClose CommentsPermalink
(c) The Secretary may waive the application of subsection (b) if the Secretary determines that admission to the United States is necessary to attend the United Nations or to further United States law enforcement objectives, or that the circumstances which caused the individual to be included on the list have changed sufficiently to justify the removal of the individual from the list.CommentsClose CommentsPermalink
(d) Not later than 90 days after enactment of this Act and 180 days thereafter, the Secretary of State shall report in writing, in classified form if necessary, to the Committees on Appropriations describing the evidence of corruption concerning individuals listed pursuant to subsection (a).CommentsClose CommentsPermalink
TRAINING AND EQUIPMENT REPORTS
SEC. 7087. (a) The annual foreign military training report required by section 656 of the Foreign Assistance Act of 1961 shall be submitted by the Secretary of Defense and the Secretary of State to the Committees on Appropriations by the date specified in that section.CommentsClose CommentsPermalink
(b) Not later than 90 days after enactment of this Act, the Secretary of State, in consultation with other relevant United States Government agencies, shall submit to the Committees on Appropriations a report detailing the equipment to be purchased with funds appropriated or otherwise made available under the headings ‘Andean Counterdrug Programs’, ‘International Narcotics Control and Law Enforcement’, and ‘Foreign Military Financing Program’ in this Act: Provided, That such report shall include a description of the anticipated costs associated with the operation and maintenance of such equipment in subsequent fiscal years: Provided further, That for the purposes of this subsection, ‘equipment’ shall be defined as any aircraft, vessel, boat or vehicle.CommentsClose CommentsPermalink
TRANSPARENCY AND ACCOUNTABILITY
SEC. 7088. (a) UNITED NATIONS- Funds made available by this Act shall be made available to continue reform efforts at the United Nations: Provided, That not later than September 30, 2009, the Secretary of State shall submit a report to the Committees on Appropriations detailing actions taken by United Nations organizations under the headings ‘Contributions to International Organizations’ and ‘International Organizations and Programs’ to continue reform of United Nations financial management systems and program oversight.CommentsClose CommentsPermalink
(b) WORLD BANK- Section 668(c)(1) of the Consolidated Appropriations Act, 2008 (
(c) National Budget Transparency-CommentsClose CommentsPermalink
(1) None of the funds appropriated by this Act may be made available for assistance for the central government of any country that fails to make publicly available on an annual basis its national budget, to include income and expenditures.CommentsClose CommentsPermalink
(2) The Secretary of State may waive the requirements of paragraph (1) on a country-by-country basis if the Secretary reports to the Committees on Appropriations that to do so is important to the national interest of the United States.CommentsClose CommentsPermalink
DISABILITY PROGRAMS
SEC. 7089. (a) Of the funds appropriated by this Act under the heading ‘Economic Support Fund’, not less than $4,000,000 shall be made available for programs and activities administered by the United States Agency for International Development (USAID) to address the needs and protect the rights of people with disabilities in developing countries, and for programs to make publicly available information on independent living, advocacy, education, and transportation for people with disabilities and disability advocacy organizations in developing countries, including for the cost of translation.CommentsClose CommentsPermalink
(b) Funds appropriated under the heading ‘Operating Expenses’ in title II of this Act shall be made available to develop and implement training for staff in overseas USAID missions to promote the full inclusion and equal participation of people with disabilities in developing countries.CommentsClose CommentsPermalink
(c) The Secretary of State, the Secretary of the Treasury, and the USAID Administrator shall seek to ensure that, where appropriate, construction projects funded by this Act are accessible to people with disabilities and in compliance with the USAID Policy on Standards for Accessibility for the Disabled, or other similar accessibility standards.CommentsClose CommentsPermalink
(d) Of the funds made available pursuant to subsection (a), not more than 7 percent may be for management, oversight and technical support.CommentsClose CommentsPermalink
ORPHANS, DISPLACED AND ABANDONED CHILDREN
SEC. 7090. Of the funds appropriated under title III of this Act, $3,000,000 should be made available for activities to improve the capacity of foreign government agencies and nongovernmental organizations to prevent child abandonment, address the needs of orphans, displaced and abandoned children and provide permanent homes through family reunification, guardianship and domestic adoptions: Provided, That funds made available under title III of this Act should be made available, as appropriate, consistent with--CommentsClose CommentsPermalink
(1) the goal of enabling children to remain in the care of their family of origin, but when not possible, placing children in permanent homes through adoption;CommentsClose CommentsPermalink
(2) the principle that such placements should be based on informed consent which has not been induced by payment or compensation;CommentsClose CommentsPermalink
(3) the view that long-term foster care or institutionalization are not permanent options and should be used when no other suitable permanent options are available; andCommentsClose CommentsPermalink
(4) the recognition that programs that protect and support families can reduce the abandonment and exploitation of children.CommentsClose CommentsPermalink
SRI LANKA
SEC. 7091. (a) None of the funds appropriated by this Act under the heading ‘Foreign Military Financing Program’ may be made available for assistance for Sri Lanka, no defense export license may be issued, and no military equipment or technology shall be sold or transferred to Sri Lanka pursuant to the authorities contained in this Act or any other Act, until the Secretary of State certifies to the Committee on Appropriations that--CommentsClose CommentsPermalink
(1) the Sri Lankan military is suspending and the Government of Sri Lanka is bringing to justice members of the military who have been credibly alleged to have violated internationally recognized human rights or international humanitarian law, including complicity in the recruitment of child soldiers;CommentsClose CommentsPermalink
(2) the Government of Sri Lanka is providing access to humanitarian organizations and journalists throughout the country consistent with international humanitarian law; andCommentsClose CommentsPermalink
(3) the Government of Sri Lanka has agreed to the establishment of a field presence of the Office of the United Nations High Commissioner for Human Rights in Sri Lanka with sufficient staff and mandate to conduct full and unfettered monitoring throughout the country and to publicize its findings.CommentsClose CommentsPermalink
(b) Subsection (a) shall not apply to technology or equipment made available for the limited purposes of maritime and air surveillance, including communications equipment previously committed or approved for the limited purposes of air and maritime surveillance.CommentsClose CommentsPermalink
export-import bank rescission
(including rescissions)
Sec. 7092. (a) Of the funds appropriated under the heading ‘Subsidy Appropriation’ for the Export-Import Bank of the United States that are available for tied-aid grants in prior Acts making appropriations for foreign operations, export financing, and related programs, $17,000,000 are rescinded.CommentsClose CommentsPermalink
(b) Of the unobligated balances available under the heading ‘Subsidy Appropriation’ for the Export-Import Bank of the United States in
This division may be cited as the ‘Department of State, Foreign Operations, and Related Programs Appropriations Act, 2009’.CommentsClose CommentsPermalink
DIVISION I--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATONS ACT, 2009
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
SALARIES AND EXPENSES
For necessary expenses of the Office of the Secretary, $98,248,000, of which not to exceed $2,400,000 shall be available for the immediate Office of the Secretary; not to exceed $759,000 shall be available for the immediate Office of the Deputy Secretary; not to exceed $19,838,000 shall be available for the Office of the General Counsel; not to exceed $10,107,000 shall be available for the Office of the Under Secretary of Transportation for Policy; not to exceed $10,200,000 shall be available for the Office of the Assistant Secretary for Budget and Programs; not to exceed $2,400,000 shall be available for the Office of the Assistant Secretary for Governmental Affairs; not to exceed $26,000,000 shall be available for the Office of the Assistant Secretary for Administration; not to exceed $2,020,000 shall be available for the Office of Public Affairs; not to exceed $1,595,000 shall be available for the Office of the Executive Secretariat; not to exceed $1,369,000 shall be available for the Office of Small and Disadvantaged Business Utilization; not to exceed $8,675,000 for the Office of Intelligence, Security, and Emergency Response; and not to exceed $12,885,000 shall be available for the Office of the Chief Information Officer: Provided, That the Secretary of Transportation is authorized to transfer funds appropriated for any office of the Office of the Secretary to any other office of the Office of the Secretary: Provided further, That no appropriation for any office shall be increased or decreased by more than 5 percent by all such transfers: Provided further, That notice of any change in funding greater than 5 percent shall be submitted for approval to the House and Senate Committees on Appropriations: Provided further, That not to exceed $60,000 shall be for allocation within the Department for official reception and representation expenses as the Secretary may determine: Provided further, That notwithstanding any other provision of law, excluding fees authorized in
FINANCIAL MANAGEMENT CAPITAL
For necessary expenses for upgrading and enhancing the Department of Transportation’s financial systems, and reengineering business processes, $5,000,000, to remain available until expended.CommentsClose CommentsPermalink
OFFICE OF CIVIL RIGHTS
For necessary expenses of the Office of Civil Rights, $9,384,000.CommentsClose CommentsPermalink
TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT
For necessary expenses for conducting transportation planning, research, systems development, development activities, and making grants, to remain available until expended, $18,300,000.CommentsClose CommentsPermalink
WORKING CAPITAL FUND
Necessary expenses for operating costs and capital outlays of the Working Capital Fund, not to exceed $128,094,000, shall be paid from appropriations made available to the Department of Transportation: Provided, That such services shall be provided on a competitive basis to entities within the Department of Transportation: Provided further, That the above limitation on operating expenses shall not apply to non-DOT entities: Provided further, That no funds appropriated in this Act to an agency of the Department shall be transferred to the Working Capital Fund without the approval of the agency modal administrator: Provided further, That no assessments may be levied against any program, budget activity, subactivity or project funded by this Act unless notice of such assessments and the basis therefor are presented to the House and Senate Committees on Appropriations and are approved by such Committees.CommentsClose CommentsPermalink
MINORITY BUSINESS RESOURCE CENTER PROGRAM
For the cost of guaranteed loans, $353,000, as authorized by
MINORITY BUSINESS OUTREACH
For necessary expenses of Minority Business Resource Center outreach activities, $3,056,000, to remain available until September 30, 2010: Provided, That notwithstanding
PAYMENTS TO AIR CARRIERS
(AIRPORT AND AIRWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
In addition to funds made available from any other source to carry out the essential air service program under