U.S. Congress - Text of S.1432 as Placed on Calendar Senate Financial Services and General Government Appropriations Act, 2010
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An original bill making appropriations for financial services and general government for the fiscal year ending September 30, 2010, and for other purposes.
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S 1432 PCSCommentsClose CommentsPermalink
Calendar No. 102CommentsClose CommentsPermalink
111th CONGRESSCommentsClose CommentsPermalink
1st SessionCommentsClose CommentsPermalink
S. 1432CommentsClose CommentsPermalink
[Report No. 111-43]CommentsClose CommentsPermalink
Making appropriations for financial services and general government for the fiscal year ending September 30, 2010, and for other purposes.CommentsClose CommentsPermalink
IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink
July 9, 2009CommentsClose CommentsPermalink
July 9, 2009CommentsClose CommentsPermalink
Mr. DURBIN, from the Committee on Appropriations, reported the following original bill; which was read twice and placed on the calendarCommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
Making appropriations for financial services and general government for the fiscal year ending September 30, 2010, 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, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2010, and for other purposes, namely:CommentsClose CommentsPermalink
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
(including transfer of funds)
For necessary expenses of the Departmental Offices including operation and maintenance of the Treasury Building and Annex; hire of passenger motor vehicles; maintenance, repairs, and improvements of, and purchase of commercial insurance policies for, real properties leased or owned overseas, when necessary for the performance of official business, $305,712,000, of which not to exceed $22,383,000 is for executive direction program activities; not to exceed $47,249,000 is for economic policies and programs activities, including $1,000,000 that shall be transferred to the National Academy of Sciences for a study on the long-term economic effects of the aging population in the United States, to remain available until September 30, 2011, and $1,500,000 that shall be transferred to the National Academy of Sciences for a carbon audit of the tax code as authorized in section 117 of the Energy Improvement and Extension Act of 2008 (
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data processing equipment, software, and services for the Department of the Treasury, $9,544,000, to remain available until September 30, 2012: Provided, That $4,544,000 is for repairs to the Treasury Annex Building: Provided further, That these funds shall be transferred to accounts and in amounts as necessary to satisfy the requirements of the Department’s offices, bureaus, and other organizations: Provided further, That this transfer authority shall be in addition to any other transfer authority provided in this Act: Provided further, That none of the funds appropriated under this heading shall be used to support or supplement ‘Internal Revenue Service, Operations Support’ or ‘Internal Revenue Service, Business Systems Modernization’.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, $29,700,000, 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 including for course development 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, $104,260,000, of which not to exceed $26,085,000 shall remain available until September 30, 2012; and of which $9,316,000 shall remain available until September 30, 2011: Provided, That funds appropriated in this account may be used to procure personal services contracts.CommentsClose CommentsPermalink
Treasury Forfeiture Fund
(rescission)
Of the unobligated balances available under this heading, $50,000,000 are rescinded.CommentsClose CommentsPermalink
Financial Management Service
salaries and expenses
For necessary expenses of the Financial Management Service, $244,132,000, of which not to exceed $9,220,000 shall remain available until September 30, 2012, for information systems modernization initiatives; and of which not to exceed $2,500 shall be available for official reception and representation expenses.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, $103,000,000; of which not to exceed $6,000 shall be available for official reception and representation expenses; not to exceed $50,000 shall be available 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, 2011, 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, $192,244,000, of which not to exceed $2,500 shall be available for official reception and representation expenses, and of which not to exceed $2,000,000 shall remain available until September 30, 2012, for systems modernization: Provided, That the sum appropriated herein from the general fund for fiscal year 2010 shall be reduced by not more than $10,000,000 as definitive security issue fees and Legacy Treasury Direct Investor Account Maintenance fees are collected, so as to result in a final fiscal year 2010 appropriation from the general fund estimated at $182,244,000. In addition, $90,000 to be derived from the Oil Spill Liability Trust Fund to reimburse the Bureau for administrative and personnel expenses for financial management of the Fund, as authorized by section 1012 of
Community Development Financial Institutions Fund Program Account
To carry out the Community Development Banking and Financial Institutions Act of 1994 (
For an additional amount to be transferred to the ‘Capital Magnet Fund’, as authorized by section 1339 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (
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 for tax enforcement activities of the Internal Revenue Service to determine and collect owed taxes, to provide legal and litigation support, to conduct criminal investigations, to enforce criminal statutes related to violations of internal revenue laws and other financial crimes, to purchase (for police-type use, not to exceed 850) and hire passenger motor vehicles (
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, $274,119,000, to remain available until September 30, 2012, for the capital asset acquisition of information technology systems, including management and related contractual costs of said acquisitions, including related Internal Revenue Service labor costs, and contractual costs associated with operations authorized by
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 $7,100,000,000 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, $890,000,000 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, 2010’.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
The White House
salaries and expenses
For necessary expenses for the White House as authorized by law, including not to exceed $3,850,000 for services as authorized by
Executive Residence at the White House
operating expenses
For the care, maintenance, repair and alteration, refurnishing, improvement, heating, and lighting, including electric power and fixtures, of the Executive Residence at the White House and official entertainment expenses of the President, $13,838,000, to be expended and accounted for as provided by
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, $2,500,000, 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 (
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, 2011, 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 $2,700,000 may be used for auditing services and associated activities, and up to $500,000 of the $2,700,000 shall be used to ensure the continued operation and maintenance of the Performance Management System: 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
Partnership Fund for Program Integrity Innovation
(including transfer of funds)
For the Partnership Fund for Program Integrity Innovation, $40,000,000, to remain available until September 30, 2012: Provided, That these funds shall be transferred by the Director of the Office of Management and Budget to appropriate agencies to carry out Partnership Fund for Program Integrity Innovation pilot projects: Provided further, That such transfers shall be contingent upon the Director of the Office of Management and Budget determining, in consultation with an interagency council consisting of representatives of appropriate Federal agencies, States, and other stakeholders, that the pilot projects address programs that have a substantial state role in eligibility determination or administration; in aggregate, save at least as much money as they cost; demonstrate the potential to streamline administration or strengthen program integrity; and do not achieve savings primarily by reducing the participation of eligible beneficiaries: Provided further, That the funds may be used for grants, contracts, and cooperative agreements as well as for the administrative costs of carrying out the pilot projects.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, $330,000: Provided, That advances or repayments or transfers from this appropriation may be made to any department or agency for expenses of carrying out such activities.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 ‘The White House’, ‘Executive Residence at the White House’, ‘White House Repair and Restoration’, ‘Council of Economic Advisers’, ‘National Security Council’, ‘Office of Administration’, ‘Special Assistance to the President’, and ‘Official Residence of the Vice President’, the Director of the Office of Management and Budget (or such other officer as the President may designate in writing), may, 15 days after giving notice to the House and Senate Committees on Appropriations, transfer not to exceed 10 percent of any such appropriation to any other such appropriation, to be merged with and available for the same time and for the same purposes as the appropriation to which transferred: Provided, That the amount of an appropriation shall not be increased by more than 50 percent by such transfers: Provided further, That no amount shall be transferred from ‘Special Assistance to the President’ or ‘Official Residence of the Vice President’ without the approval of the Vice President.CommentsClose CommentsPermalink
Sec. 202. The President shall submit to the Committees on Appropriations not later than 60 days after the date of the enactment of this Act, and prior to the initial obligation of funds appropriated under the heading ‘Office of National Drug Control Policy’, a detailed narrative and financial plan on the proposed uses of all funds under the heading by program, project, and activity, for which the obligation of funds is anticipated: Provided, That up to 20 percent of funds appropriated under this heading may be obligated before the submission of the report subject to prior approval of the Committees on Appropriations: Provided further, That the report shall be updated and submitted to the Committees on Appropriations every 6 months and shall include information detailing how the estimates and assumptions contained in previous reports have changed: Provided further, That any new projects and changes in funding of ongoing projects shall be subject to the prior approval of the Committees on Appropriations.CommentsClose CommentsPermalink
Sec. 203. Not to exceed 2 percent of any appropriations in this Act made available to the Office of National Drug Control Policy may be transferred between appropriated programs upon the advance approval of the Committees on Appropriations: Provided, That no transfer may increase or decrease any such appropriation by more than 3 percent.CommentsClose CommentsPermalink
Sec. 204. Not to exceed $1,000,000 of any appropriations in this Act made available to the Office of National Drug Control Policy may be reprogrammed within a program, project, or activity upon the advance approval of the Committees on Appropriations.CommentsClose CommentsPermalink
This title may be cited as the ‘Executive Office of the President Appropriations Act, 2010’.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, $32,300,000.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, $21,374,000.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, $5,076,845,000 (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, $16,837,000, 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, which will establish the baseline for application of reprogramming and transfer authorities for the current fiscal year.CommentsClose CommentsPermalink
Sec. 305.
Sec. 306. In accordance with
Sec. 307. Pursuant to section 140 of
This title may be cited as the ‘Judiciary Appropriations Act, 2010’.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, $15,350,000, to remain available until expended and in addition any funds that remain available from prior year appropriations under this heading for the District of Columbia Government, of which $15,000,000 is for the costs of providing public safety at events related to the presence of the national capital in the District of Columbia, for the costs of providing support requested by the Director of the United States Secret Service Division in carrying out their protective duties under the direction of the Secretary of Homeland Security, and for the costs of providing support to respond to immediate and specific terrorist threats or attacks in the District of Columbia or surrounding jurisdictions; and of which $350,000 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, $258,517,000 to be allocated as follows: for the District of Columbia Court of Appeals, $12,014,000, of which not to exceed $2,500 is for official reception and representation expenses; for the District of Columbia Superior Court, $110,836,000, of which not to exceed $2,500 is for official reception and representation expenses; for the District of Columbia Court System, $60,147,000, of which not to exceed $2,500 is for official reception and representation expenses; and $75,520,000, to remain available until September 30, 2011, for capital improvements for District of Columbia courthouse facilities, including structural improvements to the District of Columbia cell block at the Moultrie Courthouse: Provided, That funds made available for capital improvements shall be expended consistent with the General Services Administration (GSA) master plan study and building evaluation report: Provided further, That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of other Federal agencies, with payroll and financial services to be provided on a contractual basis with the GSA, and such services shall include the preparation of monthly financial reports, copies of which shall be submitted directly by GSA to the President and to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate: Provided further, That 30 days after providing written notice to the Committees on Appropriations of the House of Representatives and the Senate, the District of Columbia Courts may reallocate not more than $1,000,000 of the funds provided under this heading among the items and entities funded under this heading for operations, and not more than 4 percent of the funds provided under this heading for facilities.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), $55,000,000, to remain available until expended: Provided, 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, $212,408,000, of which not to exceed $2,000 is for official reception and representation expenses related to Community Supervision and Pretrial Services Agency programs; of which not to exceed $25,000 is for dues and assessments relating to the implementation of the Court Services and Offender Supervision Agency Interstate Supervision Act of 2002; of which $153,856,000 shall be for necessary expenses of Community Supervision and Sex Offender Registration, to include expenses relating to the supervision of adults subject to protection orders or the provision of services for or related to such persons; of which $58,552,000 shall be available to the Pretrial Services Agency: Provided, That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of other Federal agencies: Provided further, That not less than $2,000,000 shall be available for re-entrant housing in the District of Columbia: Provided further, That the Director is authorized to accept and use gifts in the form of in-kind contributions of space and hospitality to support offender and defendant programs, and equipment and vocational training services to educate and train offenders and defendants: Provided further, That the Director shall keep accurate and detailed records of the acceptance and use of any gift or donation under the previous proviso, and shall make such records available for audit and public inspection: Provided further, That the Court Services and Offender Supervision Agency Director is authorized to accept and use reimbursement from the District of Columbia Government for space and services provided on a cost reimbursable basis.CommentsClose CommentsPermalink
federal payment to the public defender service for the district of columbia
For salaries and expenses, including the transfer and hire of motor vehicles, of the District of Columbia Public Defender Service, as authorized by the National Capital Revitalization and Self-Government Improvement Act of 1997, $37,316,000: Provided, That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of Federal agencies.CommentsClose CommentsPermalink
federal payment to the district of columbia water and sewer authority
For a Federal payment to the District of Columbia Water and Sewer Authority, $20,000,000, 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 for judicial commissions
For a Federal payment to the Commission on Judicial Disabilities and Tenure, $295,000, and to the Judicial Nomination Commission, $205,000, to remain available until September 30, 2011.CommentsClose CommentsPermalink
federal payment to the office of the chief financial officer of the district of columbia
(including transfer of funds)
For a Federal payment to the Office of the Chief Financial Officer of the District of Columbia, $1,000,000, for transfer to the Children’s National Medical Center: Provided, That each entity that receives funding under this heading shall submit a detailed budget and comprehensive description to the Office of the Chief Financial Officer of the District of Columbia (CFO) and to the Committees on Appropriations of the House of Representatives and the Senate no later than June 1, 2010 on the activities to be carried out with such funds.CommentsClose CommentsPermalink
federal payment for school improvement
For a Federal payment for a school improvement program in the District of Columbia, $75,400,000, to be allocated as follows: for the District of Columbia Public Schools, $42,200,000 to improve public school education in the District of Columbia; for the State Education Office, $20,000,000 to expand quality public charter schools in the District of Columbia, to remain available until expended; for the Secretary of the Department of Education, $13,200,000 to provide opportunity scholarships for students in the District of Columbia in accordance with title III of division C of the District of Columbia Appropriations Act, 2004 (
federal payment for consolidated laboratory facility
For a Federal payment to the District of Columbia, $15,000,000, to remain available until September 30, 2011, for costs associated with the construction of a consolidated bioterrorism and forensics laboratory: Provided, That the District of Columbia provides a 100 percent match for this payment.CommentsClose CommentsPermalink
District of Columbia
local operating budget
The following amounts are appropriated for the District of Columbia for the current fiscal year out of the General Fund of the District of Columbia (‘General Fund’), except as otherwise specifically provided: Provided, That notwithstanding any other provision of law, except as provided in section 450A of the District of Columbia Home Rule Act, approved November 2, 2000 (114 Stat. 2440; D.C. Official Code, section 1-204.50a) and provisions of the Budget Request Act, the total amount appropriated in this Act for operating expenses for the District of Columbia for fiscal year 2010 under this heading shall not exceed the lesser of the sum of the total revenues of the District of Columbia for such fiscal year or $8,858,278,000 (of which $5,721,742,000 shall be from local funds, (including $313,789,000 from dedicated taxes), $2,575,447,000 shall be from Federal grant funds, $556,429,000 shall be from other funds, and $4,660,000 shall be from private funds), in addition, $164,124,000 from funds previously appropriated in this Act as Federal payments which does not include funds appropriated under the American Recovery and Reinvestment Act of 2009, approved February 17, 2009 (123 Stat. 115; 26 U.S.C. section 1, note): Provided further, That of the local funds, such amounts as may be necessary may be derived from the District’s General Fund balance: Provided further, That of these funds the District’s intradistrict authority shall be $712,697,000: in addition for capital construction projects, an increase of $2,963,810,000, of which $2,373,879,000 shall be from local funds, $54,893,000 from the District of Columbia Highway Trust fund, $212,854,000 from the Local Street Maintenance fund, $322,184,000 from Federal grant funds, and a rescission of $1,833,594,000 from local funds and a rescission of $91,327,000 from Local Street Maintenance funds appropriated under this heading in prior fiscal years for a net amount of $1,038,889,000, to remain available until expended: Provided further, That the amounts provided under this heading are to be available, allocated and expended as proposed under Title III of the Budget Support Act at the rate set forth under ‘District of Columbia Funds Division of Expenses’ of the Fiscal Year 2010 Proposed Budget and Financial Plan submitted to the Congress of the United States by the District of Columbia during 2009: Provided further, That this amount may be increased by proceeds of one-time transactions, which are expended for emergency or unanticipated operating or capital needs: Provided further, That such increases shall be approved by enactment of local District law and shall comply with all reserve requirements contained in the District of Columbia Home Rule Act approved December 24, 1973 (87 Stat. 777; D.C. Official Code Sec. 1-201.01 et seq.), as amended by this Act: Provided further, That the Chief Financial Officer of the District of Columbia shall take such steps as are necessary to assure that the District of Columbia meets these requirements, including the apportioning by the Chief Financial Officer of the appropriations and funds made available to the District during fiscal year 2010, except that the Chief Financial Officer may not reprogram for operating expenses any funds derived from bonds, notes, or other obligations issued for capital projects.CommentsClose CommentsPermalink
This title may be cited as the ‘District of Columbia Appropriations Act, 2010’.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, including hire of passenger motor vehicles, services as authorized by
Election Assistance Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote Act of 2002, $16,530,000, of which $3,250,000 shall be transferred to the National Institute of Standards and Technology for election reform activities authorized under the Help America Vote Act of 2002.CommentsClose CommentsPermalink
election reform programs
For necessary expenses relating to election reform programs, $52,000,000, to remain available until expended, of which $50,000,000 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, 2009’, each place it appears and inserting ‘December 31, 2010’.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, $37,942,000, to be derived from the Deposit Insurance Fund and the FSLIC Resolution Fund.CommentsClose CommentsPermalink
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Federal Election Campaign Act of 1971, $67,000,000, 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, $482,900,000. Amounts in the Fund, including revenues and collections deposited into the Fund, shall be available for necessary expenses of real property management and related activities not otherwise provided for, including operation, maintenance, and protection of federally owned and leased buildings; rental of buildings in the District of Columbia; restoration of leased premises; moving governmental agencies (including space adjustments and telecommunications relocation expenses) in connection with the assignment, allocation, and transfer of space; contractual services incident to cleaning or servicing buildings, and moving; repair and alteration of federally owned buildings including grounds, approaches and appurtenances; care and safeguarding of sites; maintenance, preservation, demolition, and equipment; acquisition of buildings and sites by purchase, condemnation, or as otherwise authorized by law; acquisition of options to purchase buildings and sites; conversion and extension of federally owned buildings; preliminary planning and design of projects by contract or otherwise; construction of new buildings (including equipment for such buildings); and payment of principal, interest, and any other obligations for public buildings acquired by installment purchase and purchase contract; in the aggregate amount of $8,488,585,000, of which: (1) $734,037,000 shall remain available until expended for construction (including funds for sites and expenses and associated design and construction services) of additional projects at the following locations:CommentsClose CommentsPermalink
New Construction:CommentsClose CommentsPermalink
California:CommentsClose CommentsPermalink
Calexico, Calexico West, Land Port of Entry, $9,437,000.CommentsClose CommentsPermalink
Colorado:CommentsClose CommentsPermalink
Lakewood, Denver Federal Center Remediation, $9,962,000.CommentsClose CommentsPermalink
District of Columbia:CommentsClose CommentsPermalink
Southeast Federal Center Remediation, $15,000,000.CommentsClose CommentsPermalink
Florida:CommentsClose CommentsPermalink
Miami, Federal Bureau of Investigation Field Office Consolidation, $190,675,000.CommentsClose CommentsPermalink
Georgia:CommentsClose CommentsPermalink
Savannah, United States Courthouse, $7,900,000.CommentsClose CommentsPermalink
Maine:CommentsClose CommentsPermalink
Madawaska, Land Port of Entry, $50,127,000.CommentsClose CommentsPermalink
Maryland:CommentsClose CommentsPermalink
White Oak, Food and Drug Administration Consolidation, $137,871,000.CommentsClose CommentsPermalink
Pennsylvania:CommentsClose CommentsPermalink
Lancaster, United States Courthouse, $6,500,000.CommentsClose CommentsPermalink
Texas:CommentsClose CommentsPermalink
El Paso, Tornillo-Guadalupe, Land Port of Entry, $91,565,000.CommentsClose CommentsPermalink
San Antonio, United States Courthouse, $4,000,000.CommentsClose CommentsPermalink
Utah:CommentsClose CommentsPermalink
Salt Lake City, United States Courthouse, $211,000,000: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, 2011 and remain in the Federal Buildings Fund except for funds for projects as to which funds for design or other funds have been obligated in whole or in part prior to such date: Provided further, That for fiscal year 2011 and thereafter, the annual budget submission to Congress for 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 2011 and thereafter, the annual budget submission to Congress for the General Services Administration shall, in consultation with U.S. Customs and Border Patrol, include a detailed 5-year plan for Federal land port-of-entry projects with a yearly update of total projected future funding needs; (2) $453,776,000 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
East Wing Infrastructure Systems Replacement, $114,500,000.CommentsClose CommentsPermalink
Eisenhower Executive Office Building Courtyard Replacement, $10,000,000.CommentsClose CommentsPermalink
Eisenhower Executive Office Building Roof Replacement, $15,000,000.CommentsClose CommentsPermalink
New Executive Office Building, $30,276,000.CommentsClose CommentsPermalink
Special Emphasis Programs:CommentsClose CommentsPermalink
Fire and Life Safety Program, $20,000,000.CommentsClose CommentsPermalink
Energy and Water Retrofit and Conservation Measures, $2,000,000.CommentsClose CommentsPermalink
Federal High-Performance Green Buildings, $2,000,000.CommentsClose CommentsPermalink
Basic Repairs and Alterations, $260,000,000: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, 2011 and remain in the Federal Buildings Fund except funds for projects as to which funds for design or other funds have been obligated in whole or in part prior to such date: Provided further, That the amount provided in this or any prior Act for Basic Repairs and Alterations may be used to pay claims against the Government arising from any projects under the heading ‘Repairs and Alterations’ or used to fund authorized increases in prospectus projects; (3) $140,525,000 for installment acquisition payments including payments on purchase contracts which shall remain available until expended; (4) $4,829,871,000 for rental of space which shall remain available until expended; and (5) $2,330,376,000 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 submitted, except that necessary funds may be expended for each project for required expenses for the development of a proposed prospectus: Provided further, That funds available in the Federal Buildings Fund may be expended for emergency repairs when advance approval is obtained from the Committees on Appropriations: Provided further, That amounts necessary to provide reimbursable special services to other agencies under section 210(f)(6) of the Federal Property and Administrative Services Act of 1949 (
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for, for Government-wide policy and evaluation activities associated with the management of real and personal property assets and certain administrative services; Government-wide policy support responsibilities relating to acquisition, telecommunications, information technology management, and related technology activities; and services as authorized by
operating expenses
For expenses authorized by law, not otherwise provided for, for Government-wide activities associated with utilization and donation of surplus personal property; disposal of real property; agency-wide policy direction, management, and communications; Civilian Board of Contract Appeals; services as authorized by
office of inspector general
For necessary expenses of the Office of Inspector General and service authorized by
electronic government fund
(including transfer of funds)
For necessary expenses in support of interagency projects that enable the Federal Government to expand its ability to conduct activities electronically, through the development and implementation of innovative uses of the Internet and other electronic methods, $35,000,000, to remain available until expended: Provided, That these funds may be transferred to Federal agencies to carry out the purposes of the Fund: Provided further, That this transfer authority shall be in addition to any other transfer authority provided in this Act: Provided further, That such transfers may not be made until 10 days after a proposed spending plan and explanation for each project to be undertaken has been submitted to the Committees on Appropriations.CommentsClose CommentsPermalink
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25, 1958 (
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 2010 for Federal Buildings Fund activities may be transferred between such activities only to the extent necessary to meet program requirements: Provided, That any proposed transfers shall be approved in advance by the Committees on Appropriations.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 2011 request for United States Courthouse construction only if the request: (1) meets the design guide standards for construction as established and approved by the General Services Administration, the Judicial Conference of the United States, and the Office of Management and Budget; (2) reflects the priorities of the Judicial Conference of the United States as set out in its approved 5-year construction plan; and (3) includes a standardized courtroom utilization study of each facility to be constructed, replaced, or expanded.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 of 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 the General Services Administration under
Sec. 516. 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 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
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, $3,000,000, to remain available until expended.CommentsClose CommentsPermalink
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the administration of the National Archives and Records Administration (including the Information Security Oversight Office) and archived Federal records and related activities, as provided by law, and for expenses necessary for the review and declassification of documents and the activities of the Public Interest Declassification Board, and for the hire of passenger motor vehicles, and for uniforms or allowances therefor, as authorized by law (
office of the inspector general
For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Reform Act of 2008,
electronic records archives
For necessary expenses in connection with the development of the electronic records archives, to include all direct project costs associated with research, analysis, design, development, and program management, $85,500,000, of which $61,757,000 shall remain available until September 30, 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, $27,500,000, to remain available until expended.CommentsClose CommentsPermalink
National Historical Publications and Records Commission
grants program
For necessary expenses for allocations and grants for historical publications and records as authorized by
National Credit Union Administration
central liquidity facility
During fiscal year 2010, gross obligations of the Central Liquidity Facility for the principal amount of new direct loans to member credit unions, as authorized by
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, $16,300,000.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, $1,000,000, to remain available until expended.CommentsClose CommentsPermalink
business loans program account
(including transfers of funds)
For the cost of direct loans, $3,000,000, to remain available until expended, and for the cost of guaranteed loans as authorized by section 7(a) of the Small Business Act, $80,000,000, 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 2010 commitments to guarantee loans under section 503 of the Small Business Investment Act of 1958 shall not exceed $7,500,000,000: Provided further, That during fiscal year 2010 commitments for general business loans authorized under section 7(a) of the Small Business Act shall not exceed $17,500,000,000: Provided further, That during fiscal year 2010 commitments to guarantee loans for debentures under section 303(b) of the Small Business Investment Act of 1958, shall not exceed $3,000,000,000: Provided further, That during fiscal year 2010, guarantees of trust certificates authorized by section 5(g) of the Small Business Act shall not exceed a principal amount of $12,000,000,000. In addition, for administrative expenses to carry out the direct and guaranteed loan programs, $153,000,000, which may be transferred to and merged with the appropriations for Salaries and Expenses.CommentsClose CommentsPermalink
disaster loans program account
(including transfers of funds)
For the cost of guaranteed loans, including the cost of modifying such loans as defined in section 502 of the Congressional Budget Act of 1974, $1,690,000, to remain available until expended, of which $352,357 is for loan guarantees as authorized by section 42 of the Small Business Act, and $1,337,643 is for loan guarantees as authorized by section 12085 of
In addition, for administrative expenses to carry out the direct loan program authorized by section 7(b) of the Small Business Act and the guaranteed loan programs authorized by section 42 of the Small Business Act and section 12085 of
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 2010.CommentsClose CommentsPermalink
Sec. 522. For an additional amount under the heading ‘Small Business Administration, Salaries and Expenses’$59,604,000, to remain available until September 30, 2011, shall be for initiatives related to small business development and entrepreneurship, including programmatic and construction activities, of which $200,000 shall be for the Alaska Manufacturing Extension Partnership for the AMBIT Youth Entrepreneurship Curriculum, Anchorage, Alaska; $250,000 shall be for the Alcorn State University for the Systems Research Institute, Mississippi; $120,000 shall be for the Amoskeag Business Incubator, Manchester, New Hampshire; $100,000 shall be for the Bennett College for Women, The Center for Women’s Entrepreneurship, Greensboro, North Carolina; $200,000 shall be for the Boise State University for a research, economic development and entrepreneurial initiative, Idaho; $1,050,000 shall be for the Brewer Business and Commerce Park, Brewer, Maine; $117,500 shall be for the Center for Economic Growth, Watervliet Innovation Center, Albany, New York; $100,000 shall be for the Central Connecticut State University, for a manufacturing workforce initiative and technical assistance program, New Britain, Connecticut; $100,000 shall be for the Champlain Valley Office of Economic Opportunity, Chittenden Emergency Food Shelf’s Community Kitchen Expansion Project, Burlington, Vermont; $117,500 shall be for the City of Buffalo, Buffalo clean energy incubator, Buffalo, New York; $85,000 shall be for the City of Jal, renovation of Burke Junior High School to house business ventures, Jal, New Mexico; $250,000 shall be for the City of Los Angeles, Port of Los Angeles Technology Advancement Program and Clean Technology Development Center, Los Angeles, California; $300,000 shall be for the City of Providence, Department of Planning and Development, Rhode Island Center for Life Sciences, research, development and commercialization, Providence, Rhode Island; $200,000 shall be for the City of Salem, downtown revitalization ‘toolbox’ program, Salem, Oregon; $170,000 shall be for the City of Santa Rosa, Ilfeld Warehouse business incubator, Santa Rosa, New Mexico; $100,000 shall be for the College of Notre Dame of Maryland, for lab facilities, Baltimore, Maryland; $200,000 shall be for the Colorado State University, Sustainable Biofuels Development Center, Fort Collins, Colorado; $100,000 shall be for the Community College of Philadelphia, Northeast Regional Center for small business education, growth, and training, Philadelphia, Pennsylvania; $100,000 shall be for the Community Economic Development Fund Foundation, Small Business Institute, for training and technical assistance to stabilize small business operations, Meriden, Connecticut; $250,000 shall be for the Community Links Hawaii for planning and development of Oahu Technology and Innovation Park, Oahu, Hawaii; $117,500 shall be for the Community Service Society of New York, financial education project, New York, New York; $300,000 shall be for the Council for Native Hawaiian Advancement, Entrepreneurial Development and Government Procurement Center, Honolulu, Hawaii; $200,000 shall be for the Cuyahoga Community College, veterans outreach and business development program, Cleveland, Ohio; $175,000 shall be for the Delaware Valley Industrial Resource Center (DVIRC) for small business succession planning services, Philadelphia, Pennsylvania; $100,000 shall be for the Department of Community Affairs, Division on Women, New Jersey Women’s Microbusiness Credit Program, for training and mentoring activities, Trenton, New Jersey; $200,000 shall be for the Detroit Renaissance, Detroit Creative Corridor Center, Detroit, Michigan; $200,000 shall be for the Eastern Washington University for accelerating economic development in rural and underserved communities of the Inland Pacific Northwest, Spokane, Washington; $125,000 shall be for the Entrepreneurial Development Center Program, College Park, Georgia; $220,000 shall be for the Fitzsimons Redevelopment Authority, Colorado Drug, Device, and Diagnostic Development Institute, Aurora, Colorado; $200,000 shall be for the Florida Institute of Technology, Florida Advanced Combustion Center, Brevard County, Florida; $137,500 shall be for the Great Falls Development Authority, to support the administrative costs of the Central Montana Growth Fund, Great Falls, Montana; $117,500 shall be for the Greater Syracuse Chamber of Commerce, Space Alliance Technology Outreach Program (SATOP), Syracuse, New York; $80,000 shall be for the Hannah Grimes Center, business incubator renovation and expansion, Keene, New Hampshire; $700,000 shall be for the Haymarket Center for a workforce development initiative, Chicago, Illinois; $137,500 shall be for the HOPE Community Development Corporation for an economic development initiative, Charleston, West Virginia; $200,000 shall be for the Illinois Eastern Community Colleges for the Small Business Development Center, Olney, Illinois; $600,000 shall be for the Illinois Institute of Technology for University Technology Park, Chicago, Illinois; $300,000 shall be for the Illinois State Library to expand access to Illinois public libraries, Springfield, Illinois; $500,000 shall be for the Illinois State University for the McLean County Business Incubator, Normal, Illinois; $500,000 shall be for the Jackson State University for Economic and Community Development through Heritage Tourism, Mississippi; $400,000 shall be for the Kansas World Trade Center for the Wichita EcoPartnership, Wichita, Kansas; $200,000 shall be for the Kelley Road Business Park, Orono, Maine; $213,333 shall be for the Latin Chamber of Commerce, Hispanic Leadership Program, Las Vegas, Nevada; $200,000 shall be for the Lawrence CommunityWorks, Union Crossing Mill Redevelopment, Lawrence, Massachusetts; $300,000 shall be for the Leavenworth Technology and Research Park, Leavenworth, Kansas; $975,700 shall be for the Loring Commerce Centre Infrastructure Development for the Loring Development Authority, Limestone, Maine; $137,500 shall be for the Louisiana Office of Social Entrepreneurship for administrative costs of a business planning initiative, Baton Rouge, Louisiana; $200,000 shall be for the Lutheran Social Service of Minnesota, Credit Counseling Capacity Building, St. Paul, Minnesota; $137,500 shall be for the McNeese State University, Southwest Louisiana Entrepreneurial and Economic Development Center (SEED), Lake Charles, Louisiana; $250,000 shall be for the Minot State University-Bottineau, Entrepreneurial Center for Horticulture, Bottineau, North Dakota; $250,000 shall be for the Mississippi Biotechnology Association for Capacity Building for the Mississippi Biotechnology Industry, Ridgeland, Mississippi; $500,000 shall be for the Mississippi State University for the Entrepreneurship Center to Develop New Entity Creation (ECDEC), Mississippi; $850,000 shall be for the Mississippi Technology Alliance for the Center for Innovation and Entrepreneurship, Mississippi; $1,000,000 shall be for the Missouri Chamber Education Foundation to develop a small business technology, training and outreach center, Jefferson City, Missouri; $137,500 shall be for the Montana Technology Venture Center, for expansion and operations of the TechRanch next step program, Bozeman, Montana; $275,000 shall be for the Nebraska Community Foundation, HomeTown Competitiveness, Lincoln, Nebraska; $200,000 shall be for the Neighborhood Development Center, Midtown Global Market business technical assistance, St. Paul, Minnesota; $213,333 shall be for the Nevada Center for Entrepreneurship and Technology (NCET), small business and entrepreneurship development, Nevada; $213,334 shall be for the Nevada Small Business Development Center, for Imagine 2012, an Hispanic business development initiative, Reno, Nevada; $250,000 shall be for the North Carolina Rural Economic Development Center for a Rural Business Finance Program, Raleigh, North Carolina; $100,000 shall be for the North Carolina School of the Arts/Winston-Salem State University, The Center for Design Innovation, Winston-Salem, North Carolina; $200,000 shall be for the Northern Virginia Community College for retraining displaced workers in Geographic Information Systems, Richmond, Virginia; $100,000 shall be for the Northwest Pennsylvania Incubator Association for an incubator project, Erie County, Pennsylvania; $750,000 shall be for the Pellissippi Research Centre on the Oak Ridge Corridor, Alcoa, Tennessee; $300,000 shall be for the Phillips County Economic Development for a Entrepreneur Business Enhancement Program (EBEP), Phillips County, Kansas; $50,000 shall be for the Pittsburgh Life Sciences Greenhouse for the Tech Belt Biosciences Initiative, Pittsburgh, Pennsylvania; $300,000 shall be for the Port of Clarkston, Asotin County Industrial Park infrastructure completion, Asotin County, Washington; $200,000 shall be for the Portland Community College, sustainable careers for a green economic recovery, Portland, Oregon; $200,000 shall be for the Prospera (Gallatin Valley Development Corporation), Accelerated Entrepreneur Program, Bozeman, Montana; $150,000 shall be for the Rhode Island School of Design and Brown University, Partnership for Sustainable Development/Rhode Island Center for Innovation and Entrepreneurship (RI-CIE), for technical assistance to small businesses on green product design and marketing and on developing and commercializing innovative products and services, Providence, Rhode Island; $150,000 shall be for the Rural Business Energizer Program, Milbridge, Maine; $200,000 shall be for the Rural Enterprises of Oklahoma, Inc., for a Women and Veteran’s Business Resource Center at Seminole State College, Durant, Oklahoma; $271,050 shall be for the Rutgers, The State University of New Jersey, New Jersey urban entrepreneurship development initiative, New Brunswick, New Jersey; $200,000 shall be for the Shawnee Community College for the Small Business Development Center, Ullin, Illinois; $250,000 shall be for the Souris Basin Regional Planning Center, North Dakota REAP Zones, North Dakota; $250,000 shall be for the South Dakota Rural Enterprise, Dakota Rising for an entrepreneur development system, South Dakota; $100,000 shall be for the Cuban American National Council (CNC) New Jersey Regional Office, Latino financial education, foreclosure prevention, and home ownership program, Union City, New Jersey; $250,000 shall be for the University of Mississippi for the Technology Commercialization Initiative, Oxford, Mississippi; $500,000 shall be for the University of Southern Mississippi for the Early Stage Entrepreneur and Commercialization Development, Hattiesburg, Mississippi; $400,000 shall be for the Uhlich Children’s Advantage Network for job training, placement and retention services, Chicago, Illinois; $250,000 shall be for the University of Wisconsin-Milwaukee for business development related to clean water technologies, Milwaukee, Wisconsin; $1,000,000 shall be for the University of Alabama for a Business Development Research Project, Tuscaloosa, Alabama; $300,000 shall be for the University of Alaska, Small Business Development Center, Ketchikan, Alaska; $225,000 shall be for the University of Arkansas at Little Rock, Small Business Innovation Center, Little Rock, Arkansas; $225,000 shall be for the University of Arkansas Technology Development Foundation, Arkansas Research and Technology Park, Fayetteville, Arkansas; $200,000 shall be for the University of Connecticut for the Avery Point Technology Center, Groton, Connecticut; $350,000 shall be for the University of Delaware, Delaware Small Business and Technology Development Center, Newark, Delaware; $100,000 shall be for the University of Maryland-Baltimore BioPark, Baltimore, Maryland; $250,000 shall be for the University of Northern Iowa for MyEntreNet, a national rural entrepreneurship development system, Iowa; $850,000 shall be for the University of Southern Maine for the Science Technology Research Center, Portland, Maine; $200,000 shall be for the Urban League of Eastern Massachusetts, economic development center expansion, Boston, Massachusetts; $50,000 shall be for the Urban League of Philadelphia Entrepreneurship Center, Philadelphia, Pennsylvania; $145,000 shall be for the Valencia County IT program, upgrade and training, Valencia County, New Mexico; $50,000 shall be for the Vermont Businesses for Social Responsibility, the 50 for 25 Demonstration Project, Burlington, Vermont; $50,000 shall be for the Vermont Farms Association for an agritourism best practices and standards project, Rochester, Vermont; $250,000 shall be for the Vermont Small Business Development Center, technical assistance to high-tech small businesses and emerging businesses, Randolph, Vermont; $200,000 shall be for the Virginia’s Center for Innovative Technology, Mine safety technology and communication improvements, Herndon, Virginia; $200,000 shall be for the Wayne State University for the Law School’s Small Business Clinic, Detroit, Michigan; $137,500 shall be for the West Virginia Northern Community College, Center for Economic and Workforce Advancement, Weirton, West Virginia; $400,000 shall be for the Western Illinois University for the Small Business Development Center, Macomb, Illinois; $1,100,000 shall be for the Western Kentucky University Bowling Green Data Center, Bowling Green, Kentucky; $100,000 shall be for the Women’s Business Development Center, for entrepreneurial small business training and assistance, Stamford, Connecticut; $50,000 shall be for the World Trade Center Institute Delaware, for the export assistance webinar series for business education, Wilmington, Delaware.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, $244,397,000, to be derived by transfer from the Postal Service Fund and expended as authorized by section 603(b)(3) of the Postal Accountability and Enhancement Act (
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 2010, or provided from any accounts in the Treasury derived by the collection of fees and available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates a new program; (2) eliminates a program, project, or activity; (3) increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by the Congress; (4) proposes to use funds directed for a specific activity by either the House of Representatives or the Senate Committees on Appropriations for a different purpose; (5) augments existing programs, projects, or activities in excess of $5,000,000 or 10 percent, whichever is less; (6) reduces existing programs, projects, or activities by $5,000,000 or 10 percent, whichever is less; or (7) creates or reorganizes offices, programs, or activities unless prior approval is received from the 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 2010 from appropriations made available for salaries and expenses for fiscal year 2010 in this Act, shall remain available through September 30, 2011, for each such account for the purposes authorized: Provided, That a request shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate for approval prior to the expenditure of such funds: Provided further, That these requests shall be made in compliance with reprogramming guidelines.CommentsClose CommentsPermalink
Sec. 610. None of the funds made available in this Act may be used by the Executive Office of the President to request from the Federal Bureau of Investigation any official background investigation report on any individual, except when--CommentsClose CommentsPermalink
(1) such individual has given his or her express written consent for such request not more than 6 months prior to the date of such request and during the same presidential administration; orCommentsClose CommentsPermalink
(2) such request is required due to extraordinary circumstances involving national security.CommentsClose CommentsPermalink
Sec. 611. The cost accounting standards promulgated under section 26 of the Office of Federal Procurement Policy Act (
Sec. 612. For the purpose of resolving litigation and implementing any settlement agreements regarding the nonforeign area cost-of-living allowance program, the Office of Personnel Management may accept and utilize (without regard to any restriction on unanticipated travel expenses imposed in an Appropriations Act) funds made available to the Office of Personnel Management pursuant to court approval.CommentsClose CommentsPermalink
Sec. 613. In order to promote Government access to commercial information technology, the restriction on purchasing nondomestic articles, materials, and supplies set forth in the Buy American Act (
Sec. 614. Notwithstanding
Sec. 615. 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. 616. From the unobligated balances of prior year appropriations made available for the Privacy and Civil Liberties Oversight Board, $1,500,000 are rescinded.CommentsClose CommentsPermalink
Sec. 617. During fiscal year 2010, for purposes of section 908(b)(1) of the Trade Sanctions Reform and Export Enhancement Act of 2000 (
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
Sec. 701. No department, agency, or instrumentality of the United States receiving appropriated funds under this or any other Act for fiscal year 2010 shall obligate or expend any such funds, unless such department, agency, or instrumentality has in place, and will continue to administer in good faith, a written policy designed to ensure that all of its workplaces are free from the illegal use, possession, or distribution of controlled substances (as defined in the Controlled Substances Act (
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 an alien who is lawfully admitted for permanent residence, is admitted as a refugee under
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 2010, 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 2010, in an amount that exceeds the rate payable for the applicable grade and step of the applicable wage schedule in accordance with such section; andCommentsClose CommentsPermalink
(2) during the period consisting of the remainder of fiscal year 2010, in an amount that exceeds, as a result of a wage survey adjustment, the rate payable under paragraph (1) by more than the sum of--CommentsClose CommentsPermalink
(A) the percentage adjustment taking effect in fiscal year 2010 under
(B) the difference between the overall average percentage of the locality-based comparability payments taking effect in fiscal year 2010 under section 5304 of such title (whether by adjustment or otherwise), and the overall average percentage of such payments which was effective in the previous fiscal year under such section.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, 2009, 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, 2009, 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, 2009.CommentsClose CommentsPermalink
(f) For the purpose of administering any provision of law (including any rule or regulation that provides premium pay, retirement, life insurance, or any other employee benefit) that requires any deduction or contribution, or that imposes any requirement or limitation on the basis of a rate of salary or basic pay, the rate of salary or basic pay payable after the application of this section shall be treated as the rate of salary or basic pay.CommentsClose CommentsPermalink
(g) Nothing in this section shall be considered to permit or require the payment to any employee covered by this section at a rate in excess of the rate that would be payable were this section not in effect.CommentsClose CommentsPermalink
(h) The Office of Personnel Management may provide for exceptions to the limitations imposed by this section if the Office determines that such exceptions are necessary to ensure the recruitment or retention of qualified employees.CommentsClose CommentsPermalink
Sec. 711. During the period in which the head of any department or agency, or any other officer or civilian employee of the Federal Government appointed by the President of the United States, holds office, no funds may be obligated or expended in excess of $5,000 to furnish or redecorate the office of such department head, agency head, officer, or employee, or to purchase furniture or make improvements for any such office, unless advance notice of such furnishing or redecoration is expressly approved by the Committees on Appropriations of the House of Representatives and the Senate. For the purposes of this section, the term ‘office’ shall include the entire suite of offices assigned to the individual, as well as any other space used primarily by the individual or the use of which is directly controlled by the individual.CommentsClose CommentsPermalink
Sec. 712. Notwithstanding
Sec. 713. (a) None of the funds appropriated by this or any other Act may be obligated or expended by any Federal department, agency, or other instrumentality for the salaries or expenses of any employee appointed to a position of a confidential or policy-determining character excepted from the competitive service pursuant to
(b) The provisions of this section shall not apply to Federal employees or members of the armed forces detailed to or from--CommentsClose CommentsPermalink
(1) the Central Intelligence Agency;CommentsClose CommentsPermalink
(2) the National Security Agency;CommentsClose CommentsPermalink
(3) the Defense Intelligence Agency;CommentsClose CommentsPermalink
(4) the National Geospatial-Intelligence Agency;CommentsClose CommentsPermalink
(5) the offices within the Department of Defense for the collection of specialized national foreign intelligence through reconnaissance programs;CommentsClose CommentsPermalink
(6) the Bureau of Intelligence and Research of the Department of State;CommentsClose CommentsPermalink
(7) any agency, office, or unit of the Army, Navy, Air Force, and Marine Corps, the Department of Homeland Security, the Federal Bureau of Investigation and the Drug Enforcement Administration of the Department of Justice, the Department of Transportation, the Department of the Treasury, and the Department of Energy performing intelligence functions; andCommentsClose CommentsPermalink
(8) the Director of National Intelligence or the Office of the Director of National Intelligence.CommentsClose CommentsPermalink
Sec. 714. No part of any appropriation contained in this or any other Act shall be available for the payment of the salary of any officer or employee of the Federal Government, who--CommentsClose CommentsPermalink
(1) prohibits or prevents, or attempts or threatens to prohibit or prevent, any other officer or employee of the Federal Government from having any direct oral or written communication or contact with any Member, committee, or subcommittee of the Congress in connection with any matter pertaining to the employment of such other officer or employee or pertaining to the department or agency of such other officer or employee in any way, irrespective of whether such communication or contact is at the initiative of such other officer or employee or in response to the request or inquiry of such Member, committee, or subcommittee; orCommentsClose CommentsPermalink
(2) removes, suspends from duty without pay, demotes, reduces in rank, seniority, status, pay, or performance or efficiency rating, denies promotion to, relocates, reassigns, transfers, disciplines, or discriminates in regard to any employment right, entitlement, or benefit, or any term or condition of employment of, any other officer or employee of the Federal Government, or attempts or threatens to commit any of the foregoing actions with respect to such other officer or employee, by reason of any communication or contact of such other officer or employee with any Member, committee, or subcommittee of the Congress as described in paragraph (1).CommentsClose CommentsPermalink
Sec. 715. (a) None of the funds made available in this or any other Act may be obligated or expended for any employee training that--CommentsClose CommentsPermalink
(1) does not meet identified needs for knowledge, skills, and abilities bearing directly upon the performance of official duties;CommentsClose CommentsPermalink
(2) contains elements likely to induce high levels of emotional response or psychological stress in some participants;CommentsClose CommentsPermalink
(3) does not require prior employee notification of the content and methods to be used in the training and written end of course evaluation;CommentsClose CommentsPermalink
(4) contains any methods or content associated with religious or quasi-religious belief systems or ‘new age’ belief systems as defined in Equal Employment Opportunity Commission Notice N-915.022, dated September 2, 1988; orCommentsClose CommentsPermalink
(5) is offensive to, or designed to change, participants’ personal values or lifestyle outside the workplace.CommentsClose CommentsPermalink
(b) Nothing in this section shall prohibit, restrict, or otherwise preclude an agency from conducting training bearing directly upon the performance of official duties.CommentsClose CommentsPermalink
Sec. 716. No funds appropriated in this or any other Act may be used to implement or enforce the agreements in Standard Forms 312 and 4414 of the Government or any other nondisclosure policy, form, or agreement if such policy, form, or agreement does not contain the following provisions: ‘These restrictions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by Executive Order No. 12958;
Sec. 717. No part of any funds appropriated in this or any other Act shall be used by an agency of the executive branch, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself.CommentsClose CommentsPermalink
Sec. 718. None of the funds appropriated by this or any other Act may be used by an agency to provide a Federal employee’s home address to any labor organization except when the employee has authorized such disclosure or when such disclosure has been ordered by a court of competent jurisdiction.CommentsClose CommentsPermalink
Sec. 719. None of the funds made available in this Act or any other Act may be used to provide any non-public information such as mailing or telephone lists to any person or any organization outside of the Federal Government without the approval of the Committees on Appropriations of the House of Representatives and the Senate.CommentsClose CommentsPermalink
Sec. 720. No part of any appropriation contained in this or any other Act shall be used directly or indirectly, including by private contractor, for publicity or propaganda purposes within the United States not heretofor authorized by the Congress.CommentsClose CommentsPermalink
Sec. 721. (a) In this section, the term ‘agency’--CommentsClose CommentsPermalink
(1) means an Executive agency, as defined under
(2) includes a military department, as defined under section 102 of such title, the Postal Service, and the Postal Regulatory Commission; andCommentsClose CommentsPermalink
(3) shall not include the Government Accountability Office.CommentsClose CommentsPermalink
(b) Unless authorized in accordance with law or regulations to use such time for other purposes, an employee of an agency shall use official time in an honest effort to perform official duties. An employee not under a leave system, including a Presidential appointee exempted under
Sec. 722. Notwithstanding
(transfer of funds)
Sec. 723. Notwithstanding
Sec. 724. Notwithstanding any other provision of law, a woman may breastfeed her child at any location in a Federal building or on Federal property, if the woman and her child are otherwise authorized to be present at the location.CommentsClose CommentsPermalink
Sec. 725. Notwithstanding
Sec. 726. Any request for proposals, solicitation, grant application, form, notification, press release, or other publications involving the distribution of Federal funds shall indicate the agency providing the funds, the Catalog of Federal Domestic Assistance Number, as applicable, and the amount provided: Provided, That this provision shall apply to direct payments, formula funds, and grants received by a State receiving Federal funds.CommentsClose CommentsPermalink
Sec. 727. (a) Prohibition of Federal Agency Monitoring of Individuals’ Internet Use- None of the funds made available in this or any other Act may be used by any Federal agency--CommentsClose CommentsPermalink
(1) to collect, review, or create any aggregation of data, derived from any means, that includes any personally identifiable information relating to an individual’s access to or use of any Federal Government Internet site of the agency; orCommentsClose CommentsPermalink
(2) to enter into any agreement with a third party (including another government agency) to collect, review, or obtain any aggregation of data, derived from any means, that includes any personally identifiable information relating to an individual’s access to or use of any nongovernmental Internet site.CommentsClose CommentsPermalink
(b) Exceptions- The limitations established in subsection (a) shall not apply to--CommentsClose CommentsPermalink
(1) any record of aggregate data that does not identify particular persons;CommentsClose CommentsPermalink
(2) any voluntary submission of personally identifiable information;CommentsClose CommentsPermalink
(3) any action taken for law enforcement, regulatory, or supervisory purposes, in accordance with applicable law; orCommentsClose CommentsPermalink
(4) any action described in subsection (a)(1) that is a system security action taken by the operator of an Internet site and is necessarily incident to providing the Internet site services or to protecting the rights or property of the provider of the Internet site.CommentsClose CommentsPermalink
(c) Definitions- For the purposes of this section:CommentsClose CommentsPermalink
(1) The term ‘regulatory’ means agency actions to implement, interpret or enforce authorities provided in law.CommentsClose CommentsPermalink
(2) The term ‘supervisory’ means examinations of the agency’s supervised institutions, including assessing safety and soundness, overall financial condition, management practices and policies and compliance with applicable standards as provided in law.CommentsClose CommentsPermalink
Sec. 728. (a) None of the funds appropriated by this Act may be used to enter into or renew a contract which includes a provision providing prescription drug coverage, except where the contract also includes a provision for contraceptive coverage.CommentsClose CommentsPermalink
(b) Nothing in this section shall apply to a contract with--CommentsClose CommentsPermalink
(1) any of the following religious plans:CommentsClose CommentsPermalink
(A) Personal Care’s HMO; andCommentsClose CommentsPermalink
(B) OSF HealthPlans, Inc.; andCommentsClose CommentsPermalink
(2) any existing or future plan, if the carrier for the plan objects to such coverage on the basis of religious beliefs.CommentsClose CommentsPermalink
(c) In implementing this section, any plan that enters into or renews a contract under this section may not subject any individual to discrimination on the basis that the individual refuses to prescribe or otherwise provide for contraceptives because such activities would be contrary to the individual’s religious beliefs or moral convictions.CommentsClose CommentsPermalink
(d) Nothing in this section shall be construed to require coverage of abortion or abortion-related services.CommentsClose CommentsPermalink
Sec. 729. The Congress of the United States recognizes the United States Anti-Doping Agency (USADA) as the official anti-doping agency for Olympic, Pan American, and Paralympic sport in the United States.CommentsClose CommentsPermalink
Sec. 730. Notwithstanding any other provision of law, funds appropriated for official travel by Federal departments and agencies may be used by such departments and agencies, if consistent with Office of Management and Budget Circular A-126 regarding official travel for Government personnel, to participate in the fractional aircraft ownership pilot program.CommentsClose CommentsPermalink
Sec. 731. Notwithstanding any other provision of law, none of the funds appropriated or made available under this Act or any other appropriations Act may be used to implement or enforce restrictions or limitations on the Coast Guard Congressional Fellowship Program, or to implement the proposed regulations of the Office of Personnel Management to add sections 300.311 through 300.316 to part 300 of title 5 of the Code of Federal Regulations, published in the Federal Register, volume 68, number 174, on September 9, 2003 (relating to the detail of executive branch employees to the legislative branch).CommentsClose CommentsPermalink
Sec. 732. Notwithstanding any other provision of law, no executive branch agency shall purchase, construct, and/or lease any additional facilities, except within or contiguous to existing locations, to be used for the purpose of conducting Federal law enforcement training without the advance approval of the Committees on Appropriations, except that the Federal Law Enforcement Training Center is authorized to obtain the temporary use of additional facilities by lease, contract, or other agreement for training which cannot be accommodated in existing Center facilities.CommentsClose CommentsPermalink
Sec. 733. Notwithstanding
Sec. 734. None of the funds appropriated or otherwise made available by this or any other Act may be used to begin or announce a study or public-private competition regarding the conversion to contractor performance of any function performed by Federal employees pursuant to Office of Management and Budget Circular A-76 or any other administrative regulation, directive, or policy.CommentsClose CommentsPermalink
Sec. 735. (a) Inventory Requirement- Not later than June 30, 2010, and before the end of the third quarter of the fiscal year annually thereafter, the head of each executive agency subject to the Federal Activities Inventory Reform Act of 1998 (
(1) The functions and missions performed by the contractor.CommentsClose CommentsPermalink
(2) Information regarding the contractor, the part of the executive agency administering the contract, and the part of the agency whose requirements are being met through contractor performance of the function.CommentsClose CommentsPermalink
(3) The funding source for the contract under which the function is performed.CommentsClose CommentsPermalink
(4) The fiscal year for which the activity first appeared on an inventory under this section.CommentsClose CommentsPermalink
(5) The number of full-time contractor employees (or its equivalent) compensated for the performance of the activity.CommentsClose CommentsPermalink
(6) A determination whether the contract pursuant to which the activity is performed is a personal services contract.CommentsClose CommentsPermalink
(7) A determination whether the contract has been performed pursuant to a contract awarded on a noncompetitive basis, either originally or upon a subsequent renewal.CommentsClose CommentsPermalink
(8) A determination whether the contract has been performed poorly, as determined by a contracting officer, during the 5-year period preceding the date of such determination, because of excessive costs or inferior quality.CommentsClose CommentsPermalink
(b) Form- The inventory required under this section shall be submitted in unclassified form, but may include a classified annex.CommentsClose CommentsPermalink
(c) Publication- Not later than 30 days after the date on which an inventory under subsection (a) is required to be submitted to the Office of Management and Budget, the head of each executive agency shall--CommentsClose CommentsPermalink
(1) make the inventory available to the public; andCommentsClose CommentsPermalink
(2) publish in the Federal Register a notice that the inventory is available to the public.CommentsClose CommentsPermalink
(d) Government-Wide Inventory Report- Not later than August 31, 2010, and 30 days after the end of the third quarter of the fiscal year annually thereafter, the Director of the Office of Management and Budget shall prepare, submit to Congress, and make publicly available on the Office of Management and Budget website a report on the inventories submitted under subsection (a) during that calendar year. The report shall--CommentsClose CommentsPermalink
(1) identify, in the case of each executive agency required to submit an inventory under subsection (a), whether the agency has met such requirement; andCommentsClose CommentsPermalink
(2) summarize the information submitted by each such agency, including the information required under paragraphs (1) though (8) of such subsection.CommentsClose CommentsPermalink
(e) Review and Planning Requirements- Not later than 90 days after the date on which an inventory is submitted under subsection (a), the head of each executive agency or an official designated by the agency head shall--CommentsClose CommentsPermalink
(1) review the contracts and activities in the inventory;CommentsClose CommentsPermalink
(2) ensure that--CommentsClose CommentsPermalink
(A) each contract on the list that is a personal services contract has been entered into, and is being performed, in accordance with applicable laws and regulations;CommentsClose CommentsPermalink
(B) the activities on the list do not include any inherently governmental functions; andCommentsClose CommentsPermalink
(C) to the maximum extent practicable, the activities on the list do not include any functions closely associated with inherently governmental functions;CommentsClose CommentsPermalink
(3) identify activities that should be considered for conversion to--CommentsClose CommentsPermalink
(A) performance by Federal employees of the executive agency because they are inherently governmental functions or functions closely associated with inherently governmental functions or otherwise should be considered for special consideration for conversion pursuant to section 739(b) of the Federal Activities Inventory Reform Act of 1998 (
(B) an acquisition approach that would better enable the agency to efficiently utilize its assets and achieve its public mission; andCommentsClose CommentsPermalink
(4) develop a plan to provide for appropriate consideration of the conversion not later than 180 days after the date of the enactment of this Act, which shall be included as an attachment to the next required annual inventory.CommentsClose CommentsPermalink
(f) Submission of Contractor Inventory Before Federal Employee Inventory- Notwithstanding any other law, each executive agency shall submit to the Office of Management and Budget the inventory and guidance required under subsections (a) and (d) before submitting to the Office of Management and Budget an inventory pursuant to the Federal Activities Inventory Reform Act of 1998 (
(g) Funding Prohibition- None of the funds appropriated or otherwise made available by this or any other Act may be used to begin, plan for, 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 unless the inventory outlined under subsection (a) and the planning requirements outlined under subsection (d) are first submitted to the Office of Management and Budget.CommentsClose CommentsPermalink
(h) Guidance and Instructions-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 180 days after the date of the enactment of this Act, the Office of Management and Budget shall issue guidance, with detailed implementation instructions, for all agencies except the Department of Defense to provide for periodic independent management reviews of contracts for services.CommentsClose CommentsPermalink
(2) SCOPE- The independent management review guidance and instructions issued pursuant to this subsection shall be designed to evaluate, at a minimum--CommentsClose CommentsPermalink
(A) contract performance in terms of cost, schedule, and requirements;CommentsClose CommentsPermalink
(B) the use of contracting mechanisms, including competitive procedures, the contract structure and type, the definition of contract requirements, cost or pricing methods, the award and negotiation of task orders, and management and oversight mechanisms;CommentsClose CommentsPermalink
(C) the contractor’s use, management, and oversight of subcontractors;CommentsClose CommentsPermalink
(D) the staffing of contract management and oversight functions; andCommentsClose CommentsPermalink
(E) the extent of any pass-throughs and excessive pass-through charges (as that term is defined in section 852(b)(3) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (
(3) ADDITIONAL SUBJECT OF REVIEW- In addition to the matters required by paragraph (2), the guidance and instructions issued pursuant to paragraph (1) shall provide for procedures for the periodic review of contracts under which one contractor provides oversight for services performed by other contractors. In particular, the procedures shall be designed to evaluate, at a minimum--CommentsClose CommentsPermalink
(A) the extent of the agency’s reliance on the contractor to perform acquisition functions closely associated with inherently governmental functions; andCommentsClose CommentsPermalink
(B) the financial interest of any prime contractor performing acquisition functions described in paragraph (1) in any contract or subcontract with regard to which the contractor provided advice or recommendations to the agency.CommentsClose CommentsPermalink
(4) ELEMENTS- The guidance and instructions issued pursuant to paragraph (1) shall address, at a minimum--CommentsClose CommentsPermalink
(A) the contracts subject to independent management reviews, including any applicable thresholds and exceptions;CommentsClose CommentsPermalink
(B) the frequency with which independent management reviews shall be conducted;CommentsClose CommentsPermalink
(C) the composition of teams designated to perform independent management reviews;CommentsClose CommentsPermalink
(D) any phase-in requirements needed to ensure that qualified staff are available to perform independent management reviews;CommentsClose CommentsPermalink
(E) procedures for tracking the implementation of recommendations made by independent management review teams; andCommentsClose CommentsPermalink
(F) procedures for developing and disseminating lessons learned from independent management reviews.CommentsClose CommentsPermalink
(5) REPORTS-CommentsClose CommentsPermalink
(A) REPORT ON GUIDANCE AND INSTRUCTION- Not later than 270 days after the date of the enactment of this Act, the Office of Management and Budget shall submit to the Committees on Appropriations of the Senate and the House of Representatives a report setting forth the guidance and instructions issued pursuant to this subsection.CommentsClose CommentsPermalink
(B) GAO REPORT ON IMPLEMENTATION- Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Appropriations of the Senate and the House of Representatives a report on the implementation of the guidance and instructions issued pursuant to this subsection.CommentsClose CommentsPermalink
(i) Summary Report-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report on reporting requirements to the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives.CommentsClose CommentsPermalink
(2) CONTENT- The report required under paragraph (1) shall include the following elements:CommentsClose CommentsPermalink
(A) A summary of the reports, guidelines and regulations issued under--CommentsClose CommentsPermalink
(i) section 321 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (
(ii) sections 807 and 808 of the National Defense Authorization Act for Fiscal Year 2008 (
(iii) sections 736, 747, and 752 of the Financial Services and General Government Appropriations Act, 2009 (division D of
(iv) reports, guidelines, and regulations required under the March 4, 2009, Presidential memorandum regarding Government contracting; andCommentsClose CommentsPermalink
(v) reports, guidelines, and regulations required under this Act.CommentsClose CommentsPermalink
(B) An evaluation of executive agencies that were required to take action in accordance with reports, guidelines, and regulations described under subparagraph (A) and their compliance with such requirements.CommentsClose CommentsPermalink
(C) A description of the impact of reports, guidelines, and regulations described in subparagraph (A) on agency personnel policy, specifically as it relates to contracting for services and the consideration of conversion of functions to Federal employee or private contractor performance.CommentsClose CommentsPermalink
(D) A description of similarities and differences of the impact on, and responses to, the reports, guidelines, and regulations described in subparagraph (A).CommentsClose CommentsPermalink
(E) A description of impact of reports, guidelines, and regulations described in subparagraph (A) on agency budgets.CommentsClose CommentsPermalink
(F) A description of overall lessons and best practices that the reports, guidelines, and regulations described in subparagraph (A) for government-wide personnel policy specifically as it relates to contracting for services and the consideration of conversion of functions to Federal employee or private contractor performance.CommentsClose CommentsPermalink
(G) An evaluation of the Office of Management and Budget’s efforts to synthesize reports, guidelines, and regulations described under subparagraph (A) into a consistent Federal personnel policy specifically as it relates to contracting for services and the consideration of conversion of functions to Federal employee or private contractor performance.CommentsClose CommentsPermalink
(j) Office of Management and Budget Input- Not later than 1 year after the date of the enactment of this Act, the Director of the Office of Management and Budget shall submit to the Committees on Appropriations of the Senate and the House of Representatives a report on the following issues:CommentsClose CommentsPermalink
(1) The impact of reports, guidelines, and regulations described under subsection (h)(1)(A) on agency personnel policy, specifically as it relates to contracting for services and the consideration of conversion of functions to Federal employee or private contractor performance.CommentsClose CommentsPermalink
(2) The need for legislation to implement lessons findings or recommendations contained in reports, guidelines, and regulations described under subsection (h)(1)(A).CommentsClose CommentsPermalink
(k) Definitions- In this section:CommentsClose CommentsPermalink
(1) FUNCTION CLOSELY ASSOCIATED WITH INHERENTLY GOVERNMENTAL FUNCTIONS- The term ‘function closely associated with inherently governmental functions’ has the meaning given that term in section 7.503(d) of the Federal Acquisition Regulation.CommentsClose CommentsPermalink
(2) INHERENTLY GOVERNMENTAL FUNCTIONS- The term ‘inherently governmental functions’ has the meaning given that term in subpart 7.5 of part 7 of the Federal Acquisition Regulation.CommentsClose CommentsPermalink
(3) PERSONAL SERVICES CONTRACT- The term ‘personal services contract’ means a contract under which, as a result of its terms or conditions or the manner of its administration during performance, contractor personnel are subject to the relatively continuous supervision and control of one or more Government officers or employees, except that the giving of an order for a specific article or service, with the right to reject the finished product or result, is not the type of supervision or control that makes a contract a personal services contract.CommentsClose CommentsPermalink
(l) Rule of Construction- Nothing in this section shall be construed to authorize the performance of personal services by a contractor except as otherwise provided by law.CommentsClose CommentsPermalink
Sec. 736. (a) The adjustment in rates of basic pay for employees under the statutory pay systems that takes effect in fiscal year 2010 under sections 5303 and 5304 of title 5, United States Code, shall be an increase of 2.9 percent, and this adjustment shall apply to civilian employees in the Department of Homeland Security and shall apply to civilian employees in the Department of Defense. Such adjustment shall be effective as of the first day of the first applicable pay period beginning on or after January 1, 2010.CommentsClose CommentsPermalink
(b) Notwithstanding section 710 of this Act, the adjustment in rates of basic pay for the statutory pay systems that take place in fiscal year 2010 under sections 5344 and 5348 of title 5, United States Code, shall be no less than the percentage in subsection (a) as employees in the same location whose rates of basic pay are adjusted pursuant to the statutory pay systems under section 5303 and 5304 of title 5, United States Code. Prevailing rate employees at locations where there are no employees whose pay is increased pursuant to sections 5303 and 5304 of title 5 and prevailing rate employees described in section 5343(a)(5) of title 5 shall be considered to be located in the pay locality designated as ‘Rest of U.S.’ pursuant to section 5304 of title 5 for purposes of this subsection.CommentsClose CommentsPermalink
(c) Funds used to carry out this section shall be paid from appropriations, which are made to each applicable department or agency for salaries and expenses for fiscal year 2010.CommentsClose CommentsPermalink
Sec. 737. 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. 738. None of the funds made available in this Act may be used in contravention of
Sec. 739. 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. 740. (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
(d) Consistency With International Agreements- The prohibition in subsection (a) shall not apply to the extent that it is inconsistent with United States obligations under an international agreement.CommentsClose CommentsPermalink
Sec. 741. (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. 742. 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. 743. 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. 744. Section 748 of the Financial Services and General Government Appropriations Act, 2009 (
Sec. 745. Not later than 120 days after enactment of this Act, each executive department and agency shall submit to the Director of the Office of Management and Budget a report stating the total size of its workforce, differentiated by number of civilian, military, and contract workers as of December 31, 2009. Not later than 180 days after enactment of this Act, the Director of the Office of Management and Budget shall submit to the Committee a comprehensive statement delineating the workforce data by individual department and agency, as well as aggregate totals of civilian, military, and contract workers.CommentsClose CommentsPermalink
Sec. 746. Except as expressly provided otherwise, any reference to ‘this Act’ contained in any title other than title IV or VIII shall not apply to such title IV or VIII.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 Federal funds provided under this Act to the agencies funded by this Act, both Federal and District government agencies, that remain available for obligation or expenditure in fiscal year 2010, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditures for an agency through a reprogramming of funds which--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 the Committees on Appropriations of the House of Representatives and the Senate are notified in writing 15 days in advance of the reprogramming.CommentsClose CommentsPermalink
(b) The District of Columbia Government is authorized to approve and execute reprogramming and transfer requests of local funds under this title through November 1, 2010.CommentsClose CommentsPermalink
Sec. 806. Consistent with the provisions of
Sec. 807. None of the Federal funds provided in this Act may be used by the District of Columbia to provide for salaries, expenses, or other costs associated with the offices of United States Senator or United States Representative under section 4(d) of the District of Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C. Law 3-171; D.C. Official Code, sec. 1-123).CommentsClose CommentsPermalink
Sec. 808. Except as otherwise provided in this section, none of the funds made available by this Act or by any other Act may be used to provide any officer or employee of the District of Columbia with an official vehicle unless the officer or employee uses the vehicle only in the performance of the officer’s or employee’s official duties. For the purposes of this section, the term ‘official duties’ does not include travel between the officer’s or employee’s residence and workplace, except in the case of--CommentsClose CommentsPermalink
(1) an officer or employee of the Metropolitan Police Department who resides in the District of Columbia or is otherwise designated by the Chief of 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. 809. (a) None of the Federal funds contained in this Act may be used by the District of Columbia Attorney General or any other officer or entity of the District government to provide assistance for any petition drive or civil action which seeks to require Congress to provide for voting representation in Congress for the District of Columbia.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. 810. 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. 811. 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. 812. 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. 813. (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. 814. None of the Federal funds appropriated under this Act shall be expended for any abortion except where the life of the mother would be endangered if the fetus were carried to term or where the pregnancy is the result of an act of rape or incest.CommentsClose CommentsPermalink
Sec. 815. Amounts appropriated in this Act as operating funds may be transferred to the District of Columbia’s enterprise and capital funds and such amounts, once transferred shall retain appropriation authority consistent with the provisions of this Act.CommentsClose CommentsPermalink
Sec. 816. (a) No later than 30 calendar days after the date of the enactment of this Act, the Chief Financial Officer of the District of Columbia shall submit to the appropriate committees of Congress, the Mayor, and the Council of the District of Columbia, a revised appropriated funds operating budget in the format of the budget that the District of Columbia government submitted pursuant to section 442 of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-204.42), for all agencies of the District of Columbia government for fiscal year 2010 that is in the total amount of the approved appropriation and that realigns all budgeted data for personal services and other-than-personal-services, respectively, with anticipated actual expenditures.CommentsClose CommentsPermalink
(b) This section shall apply only to an agency where the Chief Financial Officer of the District of Columbia certifies that a reallocation is required to address unanticipated changes in program requirements.CommentsClose CommentsPermalink
Sec. 817. No later than 30 calendar days after the date of the enactment of this Act, the Chief Financial Officer of the District of Columbia shall submit to the appropriate committees of Congress, the Mayor, and the Council for the District of Columbia, a revised appropriated funds operating budget for the District of Columbia Public Schools that aligns schools budgets to actual enrollment. The revised appropriated funds budget shall be in the format of the budget that the District of Columbia government submitted pursuant to section 442 of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-204.42).CommentsClose CommentsPermalink
Sec. 818. Except as expressly provided otherwise, any reference to ‘this Act’ contained in this title or in title IV shall be treated as referring only to the provisions of this title or of title IV.CommentsClose CommentsPermalink
This Act may be cited as the ‘Financial Services and General Government Appropriations Act, 2010’.CommentsClose CommentsPermalink
Calendar No. 102CommentsClose CommentsPermalink
111th CONGRESSCommentsClose CommentsPermalink
1st SessionCommentsClose CommentsPermalink
S. 1432CommentsClose CommentsPermalink
[Report No. 111-43]CommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
Making appropriations for financial services and general government for the fiscal year ending September 30, 2010, and for other purposes.CommentsClose CommentsPermalink
July 9, 2009CommentsClose CommentsPermalink
July 9, 2009CommentsClose CommentsPermalink
Read twice and placed on the calendarCommentsClose CommentsPermalink
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