[111th Congress Public Law 8]
[From the U.S. Government Printing Office]
[[Page 523]]
OMNIBUS APPROPRIATIONS ACT, 2009
[[Page 123 STAT. 524]]
Public Law 111-8
111th Congress
An Act
Making omnibus appropriations for the fiscal year ending September 30,
2009, and for other purposes. <<NOTE: Mar. 11, 2009 - [H.R. 1105]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Omnibus
Appropriations Act, 2009.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Omnibus Appropriations Act, 2009''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2009
Title I--Agricultural Programs
Title II--Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agency and Food and Drug Administration
Title VII--General Provisions
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2009
Title I--Department of Commerce
Title II--Department of Justice
Title III--Science
Title IV--Related Agencies
Title V--General Provisions
DIVISION C--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2009
Title I--Department of Defense--Civil: Department of the Army
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent Agencies
Title V--General Provisions
DIVISION D--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2009
Title I--Department of the Treasury
Title II--Executive Office of the President and Funds Appropriated to
the President
Title III--The Judiciary
Title IV--District of Columbia
Title V--Independent Agencies
[[Page 123 STAT. 525]]
Title VI--General Provisions--This Act
Title VII--General Provisions--Government-wide
Title VIII--General Provisions--District of Columbia
DIVISION E--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2009
Title I--Department of the Interior
Title II--Environmental Protection Agency
Title III--Related Agencies
Title IV--General Provisions
DIVISION F--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2009
Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions
Title VI--Afghan Allies Protection Act of 2009
DIVISION G--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2009
Title I--Legislative Branch Appropriations
Title II--General Provisions
DIVISION H--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2009
Title I--Department of State and Related Agency
Title II--United States Agency for International Development
Title III--Bilateral Economic Assistance
Title IV--International Security Assistance
Title V--Multilateral Assistance
Title VI--Export and Investment Assistance
Title VII--General Provisions
DIVISION I--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2009
Title I--Department of Transportation
Title II--Department of Housing and Urban Development
Title III--Related Agencies
Title IV--General Provisions This Act
DIVISION J--FURTHER PROVISIONS RELATING TO THE DEPARTMENT OF HOMELAND
SECURITY AND OTHER MATTERS
SEC. 3. <<NOTE: 1 USC 1 note.>> REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act printed in the House of
Representatives section of the Congressional Record on or about February
23, 2009 by the Chairman of the Committee on Appropriations of the House
shall have the same effect with respect to the allocation of funds and
implementation of this Act as if it were a joint explanatory statement
of a committee of conference.
SEC. 5. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2009.
[[Page 123 STAT. 526]]
DIVISION A--AGRICULTURE, <<NOTE: Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act,
2009.>> RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2009
TITLE I
AGRICULTURAL PROGRAMS
Production, Processing and Marketing
Office of the Secretary
For necessary expenses of the Office of the Secretary of
Agriculture, $5,174,000: Provided, That not to exceed $11,000 of this
amount shall be available for official reception and representation
expenses, not otherwise provided for, as determined by the Secretary.
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief Economist,
$10,651,000.
national appeals division
For necessary expenses of the National Appeals Division,
$14,711,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program Analysis,
$9,054,000.
office of homeland Security
For necessary expenses of the Office of Homeland Security, $974,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, $17,527,000.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial Officer,
$5,954,000: <<NOTE: Reports.>> Provided, That no funds made available
by this appropriation may be obligated for FAIR Act or Circular A-76
activities until the Secretary has submitted to the Committees on
Appropriations of both Houses of Congress and the Committee on Oversight
and Government Reform of the House of Representatives a report on the
Department's contracting out policies, including agency budgets for
contracting out.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant Secretary for
Civil Rights, $871,000.
[[Page 123 STAT. 527]]
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $21,551,000.
Office of the Assistant Secretary for Administration
For necessary expenses of the Office of the Assistant Secretary for
Administration, $687,000.
Agriculture Buildings and Facilities and Rental Payments
(including transfers of funds)
For payment of space rental and related costs pursuant to Public Law
92-313, including authorities pursuant to the 1984 delegation of
authority from the Administrator of General Services to the Department
of Agriculture under 40 U.S.C. 486, for programs and activities of the
Department which are included in this Act, and for alterations and other
actions needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to the
Administrator of General Services, and for the operation, maintenance,
improvement, and repair of Agriculture buildings and facilities, and for
related costs, $244,244,000, to remain available until expended, of
which $168,901,000 shall be available for payments to the General
Services Administration for rent; of which $13,500,000 for payment to
the Department of Homeland Security for building security activities;
and of which $61,843,000 for buildings operations and maintenance
expenses: Provided, That the Secretary is authorized to transfer funds
from a Departmental agency to this account to recover the full cost of
the space and security expenses of that agency that are funded by this
account when the actual costs exceed the agency estimate which will be
available for the activities and payments described herein.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to comply
with the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601 et seq.) and the Resource Conservation and
Recovery Act (42 U.S.C. 6901 et seq.), $5,100,000, to remain available
until expended: Provided, That appropriations and funds available herein
to the Department for Hazardous Materials Management may be transferred
to any agency of the Department for its use in meeting all requirements
pursuant to the above Acts on Federal and non-Federal lands.
Departmental Administration
(including transfers of funds)
For Departmental Administration, $27,011,000, to provide for
necessary expenses for management support services to offices of the
Department and for general administration, security, repairs and
alterations, and other miscellaneous supplies and expenses not otherwise
provided for and necessary for the practical and
[[Page 123 STAT. 528]]
efficient work of the Department: Provided, That this appropriation
shall be reimbursed from applicable appropriations in this Act for
travel expenses incident to the holding of hearings as required by 5
U.S.C. 551-558.
Office of the Assistant Secretary for Congressional Relations
(including transfers of funds)
For necessary expenses of the Office of the Assistant Secretary for
Congressional Relations to carry out the programs funded by this Act,
including programs involving intergovernmental affairs and liaison
within the executive branch, $3,877,000: Provided, That these funds may
be transferred to agencies of the Department of Agriculture funded by
this Act to maintain personnel at the agency level: <<NOTE: Time
period. Notification.>> Provided further, That no funds made available
by this appropriation may be obligated after 30 days from the date of
enactment of this Act, unless the Secretary has notified the Committees
on Appropriations of both Houses of Congress on the allocation of these
funds by USDA agency: Provided further, That no other funds appropriated
to the Department by this Act shall be available to the Department for
support of activities of congressional relations.
Office of Communications
For necessary expenses of the Office of Communications, $9,514,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General, including
employment pursuant to the Inspector General Act of 1978, $85,766,000,
including such sums as may be necessary for contracting and other
arrangements with public agencies and private persons pursuant to
section 6(a)(9) of the Inspector General Act of 1978, and including not
to exceed $125,000 for certain confidential operational expenses,
including the payment of informants, to be expended under the direction
of the Inspector General pursuant to Public Law 95-452 and section 1337
of Public Law 97-98.
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$41,620,000.
Office of the Under Secretary for Research, Education and Economics
For necessary expenses of the Office of the Under Secretary for
Research, Education and Economics, $609,000.
Economic Research Service
For necessary expenses of the Economic Research Service,
$79,500,000.
[[Page 123 STAT. 529]]
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service, $151,565,000, of which up to $37,265,000 shall be available
until expended for the Census of Agriculture.
Agricultural Research Service
salaries and expenses
For necessary expenses of the Agricultural Research Service and for
acquisition of lands by donation, exchange, or purchase at a nominal
cost not to exceed $100, and for land exchanges where the lands
exchanged shall be of equal value or shall be equalized by a payment of
money to the grantor which shall not exceed 25 percent of the total
value of the land or interests transferred out of Federal ownership,
$1,140,406,000, of which $112,571,000 shall be for the purposes, and in
the amounts, specified in the table titled ``Agricultural Research
Service, Salaries and Expenses, Congressionally-designated Projects'' in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): <<NOTE: 7 USC 2254.>>
Provided, That appropriations hereunder shall be available for the
operation and maintenance of aircraft and the purchase of not to exceed
one for replacement only: Provided further, That appropriations
hereunder shall be available pursuant to 7 U.S.C. 2250 for the
construction, alteration, and repair of buildings and improvements, but
unless otherwise provided, the cost of constructing any one building
shall not exceed $375,000, except for headhouses or greenhouses which
shall each be limited to $1,200,000, and except for 10 buildings to be
constructed or improved at a cost not to exceed $750,000 each, and the
cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the building or
$375,000, whichever is greater: <<NOTE: Maryland.>> Provided further,
That the limitations on alterations contained in this Act shall not
apply to modernization or replacement of existing facilities at
Beltsville, Maryland: Provided further, That appropriations hereunder
shall be available for granting easements at the Beltsville Agricultural
Research Center: Provided further, That the foregoing limitations shall
not apply to replacement of buildings needed to carry out the Act of
April 24, 1948 (21 U.S.C. 113a): Provided further, That funds may be
received from any State, other political subdivision, organization, or
individual for the purpose of establishing or operating any research
facility or research project of the Agricultural Research Service, as
authorized by law.
buildings and facilities
For acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities as
necessary to carry out the agricultural research programs of the
Department of Agriculture, where not otherwise provided, $46,752,000, of
which $46,752,000 shall be for the purposes, and in the amounts,
specified in the table titled ``Agricultural Research Service, Buildings
and Facilities Congressionally-designated Projects'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), to remain available until expended.
[[Page 123 STAT. 530]]
Cooperative State Research, Education, and Extension Service
research and education activities
For payments to agricultural experiment stations, for cooperative
forestry and other research, for facilities, and for other expenses,
$691,043,000, of which $113,275,000 shall be for the purposes, and in
the amounts, specified in the table titled ``Cooperative State Research,
Education, and Extension Service, Research and Education Activities,
Congressionally-designated Projects'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), as follows: to carry out the provisions of the Hatch
Act of 1887 (7 U.S.C. 361a-i), $207,106,000; for grants for cooperative
forestry research (16 U.S.C. 582a through a-7), $27,535,000; for
payments to eligible institutions (7 U.S.C. 3222), $45,504,000, provided
that each institution receives no less than $1,000,000; for special
grants (7 U.S.C. 450i(c)), $84,499,000; for competitive grants on
improved pest control (7 U.S.C. 450i(c)), $15,945,000; for competitive
grants (7 U.S.C. 450(i)(b)), $201,504,000, to remain available until
expended; for the support of animal health and disease programs (7
U.S.C. 3195), $2,950,000; for supplemental and alternative crops and
products (7 U.S.C. 3319d), $819,000; for grants for research pursuant to
the Critical Agricultural Materials Act (7 U.S.C. 178 et seq.),
$1,083,000, to remain available until expended; for the 1994 research
grants program for 1994 institutions pursuant to section 536 of Public
Law 103-382 (7 U.S.C. 301 note), $1,610,000, to remain available until
expended; for rangeland research grants (7 U.S.C. 3333), $983,000; for
higher education graduate fellowship grants (7 U.S.C. 3152(b)(6)),
$3,859,000, to remain available until expended (7 U.S.C. 2209b); for a
program pursuant to section 1415A of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3151a), $2,950,000,
to remain available until expended; for higher education challenge
grants (7 U.S.C. 3152(b)(1)), $5,654,000; for a higher education
multicultural scholars program (7 U.S.C. 3152(b)(5)), $981,000, to
remain available until expended (7 U.S.C. 2209b); for an education
grants program for Hispanic-serving Institutions (7 U.S.C. 3241),
$6,237,000; for competitive grants for the purpose of carrying out all
provisions of 7 U.S.C. 3156 to individual eligible institutions or
consortia of eligible institutions in Alaska and in Hawaii, with funds
awarded equally to each of the States of Alaska and Hawaii, $3,196,000;
for a secondary agriculture education program and 2-year post-secondary
education (7 U.S.C. 3152(j)), $983,000; for aquaculture grants (7 U.S.C.
3322), $3,928,000; for sustainable agriculture research and education (7
U.S.C. 5811), $14,399,000; for a program of capacity building grants (7
U.S.C. 3152(b)(4)) to institutions eligible to receive funds under 7
U.S.C. 3221 and 3222, $15,000,000, to remain available until expended (7
U.S.C. 2209b); for payments to the 1994 Institutions pursuant to section
534(a)(1) of Public Law 103-382, $3,342,000; for resident instruction
grants for insular areas under section 1491 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3363),
$800,000; for a new era rural technology program pursuant to section
1473E of the National Agricultural Research, Extension, and Teaching Act
of 1977 (7 U.S.C. 3319e), $750,000; and for necessary expenses of
Research and Education Activities,
[[Page 123 STAT. 531]]
$39,426,000, of which $2,704,000 for the Research, Education, and
Economics Information System and $2,136,000 for the Electronic Grants
Information System, are to remain available until expended.
native american institutions endowment fund
For the Native American Institutions Endowment Fund authorized by
Public Law 103-382 (7 U.S.C. 301 note), $11,880,000, to remain available
until expended.
extension activities
For payments to States, the District of Columbia, Puerto Rico, Guam,
the Virgin Islands, Micronesia, the Northern Marianas, and American
Samoa, $474,250,000, of which $9,388,000 shall be for the purposes, and
in the amounts, specified in the table titled ``Cooperative State
Research, Education, and Extension Service, Extension Activities,
Congressionally-designated Projects'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), as follows: payments for cooperative extension work
under the Smith-Lever Act, to be distributed under sections 3(b) and
3(c) of said Act, and under section 208(c) of Public Law 93-471, for
retirement and employees' compensation costs for extension agents,
$288,548,000; payments for extension work at the 1994 Institutions under
the Smith-Lever Act (7 U.S.C. 343(b)(3)), $3,321,000; payments for the
nutrition and family education program for low-income areas under
section 3(d) of the Act, $66,155,000; payments for the pest management
program under section 3(d) of the Act, $9,791,000; payments for the farm
safety program under section 3(d) of the Act, $4,863,000; payments for
New Technologies for Ag Extension under section 3(d) of the Act,
$1,500,000; payments to upgrade research, extension, and teaching
facilities at institutions eligible to receive funds under 7 U.S.C. 3221
and 3222, $18,000,000, to remain available until expended; payments for
youth-at-risk programs under section 3(d) of the Smith-Lever Act,
$8,182,000; for youth farm safety education and certification extension
grants, to be awarded competitively under section 3(d) of the Act,
$479,000; payments for carrying out the provisions of the Renewable
Resources Extension Act of 1978 (16 U.S.C. 1671 et seq.), $4,008,000;
payments for the federally-recognized Tribes Extension Program under
section 3(d) of the Smith-Lever Act, $3,000,000; payments for
sustainable agriculture programs under section 3(d) of the Act,
$4,568,000; payments for rural health and safety education as authorized
by section 502(i) of Public Law 92-419 (7 U.S.C. 2662(i)), $1,738,000;
payments for cooperative extension work by eligible institutions (7
U.S.C. 3221), $40,150,000, provided that each institution receives no
less than $1,000,000; for grants to youth organizations pursuant to 7
U.S.C. 7630, $1,767,000; payments to carry out the food animal residue
avoidance database program as authorized by 7 U.S.C. 7642, $806,000; and
for necessary expenses of Extension Activities, $17,374,000.
integrated activities
For the integrated research, education, and extension grants
programs, including necessary administrative expenses, $56,864,000, as
follows: for competitive grants programs authorized
[[Page 123 STAT. 532]]
under section 406 of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7626), $41,990,000, including $12,649,000
for the water quality program, $14,596,000 for the food safety program,
$4,096,000 for the regional pest management centers program, $4,388,000
for the Food Quality Protection Act risk mitigation program for major
food crop systems, $1,365,000 for the crops affected by Food Quality
Protection Act implementation, $3,054,000 for the methyl bromide
transition program, and $1,842,000 for the organic transition program;
for a competitive international science and education grants program
authorized under section 1459A of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3292b), to remain
available until expended, $3,000,000; for grants programs authorized
under section 2(c)(1)(B) of Public Law 89-106, as amended, $732,000, to
remain available until September 30, 2010, for the critical issues
program; $1,312,000 for the regional rural development centers program;
and $9,830,000 for the Food and Agriculture Defense Initiative
authorized under section 1484 of the National Agricultural Research,
Extension, and Teaching Act of 1977, to remain available until September
30, 2010.
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary for
Marketing and Regulatory Programs, $737,000.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Animal and Plant Health Inspection
Service, including up to $30,000 for representation allowances and for
expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C. 4085),
$876,675,000, of which $23,494,000 shall be for the purposes, and in the
amounts, specified in the table titled ``Animal and Plant Health
Inspection Service, Congressionally-designated Projects'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), of which $2,025,000 shall be
available for the control of outbreaks of insects, plant diseases,
animal diseases and for control of pest animals and birds to the extent
necessary to meet emergency conditions; of which $29,590,000 shall be
used for the cotton pests program for cost share purposes or for debt
retirement for active eradication zones; of which $14,500,000 shall be
for a National Animal Identification program, of which $3,500,000 is for
information technology infrastructure and services, and $9,395,000 is
for field implementation, and $1,605,000 is for program administration;
of which $60,594,000 shall be used to prevent and control avian
influenza and shall remain available until expended; of which $1,015,000
of the plum pox program shall remain available until September 30, 2010:
Provided, That funds provided for the contingency fund to meet emergency
conditions, information technology infrastructure, fruit fly program,
emerging plant pests, cotton pests program, grasshopper and mormon
cricket program, the National Veterinary Stockpile, up to $12,895,000 in
animal health monitoring
[[Page 123 STAT. 533]]
and surveillance for the animal identification system, up to $1,500,000
in the scrapie program for indemnities, up to $1,000,000 for wildlife
services methods development, up to $1,000,000 of the wildlife services
operations program for aviation safety, and up to 25 percent of the
screwworm program shall remain available until expended: Provided
further, That no funds shall be used to formulate or administer a
brucellosis eradication program for the current fiscal year that does
not require minimum matching by the States of at least 40 percent:
Provided further, That this appropriation shall be available for the
operation and maintenance of aircraft and the purchase of not to exceed
four, of which two shall be for replacement only: Provided further,
That, in addition, in emergencies which threaten any segment of the
agricultural production industry of this country, the Secretary may
transfer from other appropriations or funds available to the agencies or
corporations of the Department such sums as may be deemed necessary, to
be available only in such emergencies for the arrest and eradication of
contagious or infectious disease or pests of animals, poultry, or
plants, and for expenses in accordance with sections 10411 and 10417 of
the Animal Health Protection Act (7 U.S.C. 8310 and 8316) and sections
431 and 442 of the Plant Protection Act (7 U.S.C. 7751 and 7772), and
any unexpended balances of funds transferred for such emergency purposes
in the preceding fiscal year shall be merged with such transferred
amounts: Provided further, That appropriations hereunder shall be
available pursuant to law (7 U.S.C. 2250) for the repair and alteration
of leased buildings and improvements, but unless otherwise provided the
cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the building.
In fiscal year 2009, the agency is authorized to collect fees to
cover the total costs of providing technical assistance, goods, or
services requested by States, other political subdivisions, domestic and
international organizations, foreign governments, or individuals,
provided that such fees are structured such that any entity's liability
for such fees is reasonably based on the technical assistance, goods, or
services provided to the entity by the agency, and such fees shall be
credited to this account, to remain available until expended, without
further appropriation, for providing such assistance, goods, or
services.
BUILDINGS AND FACILITIES
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and purchase
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and
acquisition of land as authorized by 7 U.S.C. 428a, $4,712,000, to
remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing Service,
$86,711,000: Provided, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but the cost of altering any one
[[Page 123 STAT. 534]]
building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
Fees may be collected for the cost of standardization activities, as
established by regulation pursuant to law (31 U.S.C. 9701).
limitation on administrative expenses
Not to exceed $62,888,000 (from fees collected) shall be obligated
during the current fiscal year for administrative expenses: Provided,
That <<NOTE: Notification.>> if crop size is understated and/or other
uncontrollable events occur, the agency may exceed this limitation by up
to 10 percent with notification to the Committees on Appropriations of
both Houses of Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), shall be used only for commodity program expenses as
authorized therein, and other related operating expenses, including not
less than $10,000,000 for replacement of a system to support commodity
purchases, except for: (1) transfers to the Department of Commerce as
authorized by the Fish and Wildlife Act of August 8, 1956; (2) transfers
otherwise provided in this Act; and (3) not more than $17,270,000 for
formulation and administration of marketing agreements and orders
pursuant to the Agricultural Marketing Agreement Act of 1937 and the
Agricultural Act of 1961.
payments to states and possessions
For payments to departments of agriculture, bureaus and departments
of markets, and similar agencies for marketing activities under section
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
$1,334,000.
Grain Inspection, Packers and Stockyards Administration
salaries and expenses
For necessary expenses of the Grain Inspection, Packers and
Stockyards Administration, $40,342,000: Provided, That this
appropriation shall be available pursuant to law (7 U.S.C. 2250) for the
alteration and repair of buildings and improvements, but the cost of
altering any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building.
limitation on inspection and weighing services expenses
Not to exceed $42,463,000 (from fees collected) shall be obligated
during the current fiscal year for inspection and weighing services:
Provided, That <<NOTE: Notification.>> if grain export activities
require additional supervision and oversight, or other uncontrollable
factors occur, this limitation may be exceeded by up to 10 percent with
notification to the Committees on Appropriations of both Houses of
Congress.
[[Page 123 STAT. 535]]
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary for Food
Safety, $613,000.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by the
Federal Meat Inspection Act, the Poultry Products Inspection Act, and
the Egg Products Inspection Act, including not to exceed $50,000 for
representation allowances and for expenses pursuant to section 8 of the
Act approved August 3, 1956 (7 U.S.C. 1766), $971,566,000; and in
addition, $1,000,000 may be credited to this account from fees collected
for the cost of laboratory accreditation as authorized by section 1327
of the Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C.
138f): <<NOTE: Employed positions.>> Provided, That no fewer than 120
full-time equivalent positions shall be employed during fiscal year 2009
for purposes dedicated solely to inspections and enforcement related to
the Humane Methods of Slaughter Act: Provided further, That of the
amount available under this heading, $3,000,000 shall be obligated to
maintain the Humane Animal Tracking System as part of the Public Health
Data Communication Infrastructure System: Provided further, That this
appropriation shall be available pursuant to law (7 U.S.C. 2250) for the
alteration and repair of buildings and improvements, but the cost of
altering any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building.
Office of the Under Secretary for Farm and Foreign Agricultural Services
For necessary expenses of the Office of the Under Secretary for Farm
and Foreign Agricultural Services, $646,000.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency, $1,170,273,000:
Provided, That the Secretary is authorized to use the services,
facilities, and authorities (but not the funds) of the Commodity Credit
Corporation to make program payments for all programs administered by
the Agency: Provided further, That other funds made available to the
Agency for authorized activities may be advanced to and merged with this
account.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural Credit Act
of 1987, as amended (7 U.S.C. 5101-5106), $4,369,000.
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security Act of
1985 (16 U.S.C. 3839bb-2), $5,000,000, to remain available until
expended.
[[Page 123 STAT. 536]]
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity payments to
dairy farmers and manufacturers of dairy products under a dairy
indemnity program, such sums as may be necessary, to remain available
until expended: Provided, That such program is carried out by the
Secretary in the same manner as the dairy indemnity program described in
the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2001 (Public Law 106-387, 114 Stat.
1549A-12).
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7
U.S.C. 1941 et seq.) loans, Indian tribe land acquisition loans (25
U.S.C. 488), and boll weevil loans (7 U.S.C. 1989), to be available from
funds in the Agricultural Credit Insurance Fund, as follows: farm
ownership loans, $1,461,066,000, of which $1,238,768,000 shall be for
unsubsidized guaranteed loans and $222,298,000 shall be for direct
loans; operating loans, $1,862,578,000, of which $1,017,497,000 shall be
for unsubsidized guaranteed loans, $269,986,000 shall be for subsidized
guaranteed loans and $575,095,000 shall be for direct loans; Indian
tribe land acquisition loans, $3,940,000; and for boll weevil
eradication program loans, $100,000,000: Provided, That <<NOTE: Pink
Bollworm.>> the Secretary shall deem the pink bollworm to be a boll
weevil for the purpose of boll weevil eradication program loans.
For the cost of direct and guaranteed loans, including the cost of
modifying loans as defined in section 502 of the Congressional Budget
Act of 1974, as follows: farm ownership loans, $16,803,000, of which
$4,088,000 shall be for unsubsidized guaranteed loans, and $12,715,000
shall be for direct loans; operating loans, $130,371,000, of which
$25,336,000 shall be for unsubsidized guaranteed loans, $37,231,000
shall be for subsidized guaranteed loans, and $67,804,000 shall be for
direct loans; and Indian tribe land acquisition loans, $248,000.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $317,323,000, of which $309,403,000
shall be transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit Insurance
Program Account for farm ownership and operating direct loans and
guaranteed loans may be transferred among these programs: Provided,
That <<NOTE: Notification. Deadline.>> the Committees on Appropriations
of both Houses of Congress are notified at least 15 days in advance of
any transfer.
Risk Management Agency
For necessary expenses of the Risk Management Agency, $77,177,000:
Provided, That the funds made available under section 522(e) of the
Federal Crop Insurance Act (7 U.S.C. 1522(e)) may be used for the Common
Information Management System: Provided
[[Page 123 STAT. 537]]
further, That not to exceed $1,000 shall be available for official
reception and representation expenses, as authorized by 7 U.S.C.
1506(i).
CORPORATIONS
The following corporations and agencies are hereby authorized to
make expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law, and
to make contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act as may be necessary in carrying out the programs set forth
in the budget for the current fiscal year for such corporation or
agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop
Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain
available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary to
reimburse the Commodity Credit Corporation for net realized losses
sustained, but not previously reimbursed, pursuant to section 2 of the
Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the funds
available to the Commodity Credit Corporation under section 11 of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the
conduct of its business with the Foreign Agricultural Service, up to
$5,000,000 may be transferred to and used by the Foreign Agricultural
Service for information resource management activities of the Foreign
Agricultural Service that are not related to Commodity Credit
Corporation business.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit Corporation shall
not expend more than $5,000,000 for site investigation and cleanup
expenses, and operations and maintenance expenses to comply with the
requirement of section 107(g) of the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Resource Conservation and Recovery Act (42 U.S.C.
6961).
[[Page 123 STAT. 538]]
TITLE II
CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
For necessary expenses of the Office of the Under Secretary for
Natural Resources and Environment, $758,000.
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of the Act of
April 27, 1935 (16 U.S.C. 590a-f), including preparation of conservation
plans and establishment of measures to conserve soil and water
(including farm irrigation and land drainage and such special measures
for soil and water management as may be necessary to prevent floods and
the siltation of reservoirs and to control agricultural related
pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of information;
acquisition of lands, water, and interests therein for use in the plant
materials program by donation, exchange, or purchase at a nominal cost
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); purchase and erection or alteration or improvement of permanent
and temporary buildings; and operation and maintenance of aircraft,
$853,400,000, to remain available until September 30, 2010, of which
$31,650,000 shall be for the purposes, and in the amounts, specified in
the table titled ``Natural Resources Conservation Service, Conservation
Operations Congressionally-designated Projects'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That appropriations hereunder shall be
available pursuant to 7 U.S.C. 2250 for construction and improvement of
buildings and public improvements at plant materials centers, except
that the cost of alterations and improvements to other buildings and
other public improvements shall not exceed $250,000: Provided further,
That when buildings or other structures are erected on non-Federal land,
that the right to use such land is obtained as provided in 7 U.S.C.
2250a.
watershed and flood prevention operations
For necessary expenses to carry out preventive measures, including
but not limited to research, engineering operations, methods of
cultivation, the growing of vegetation, rehabilitation of existing works
and changes in use of land, in accordance with the Watershed Protection
and Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-1009), the
provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f), and in
accordance with the provisions of laws relating to the activities of the
Department, $24,289,000, to remain available until expended, of which
$23,643,000 shall be for the purposes, and in the amounts, specified in
the table titled ``Natural Resources Conservation Service, Watershed and
Flood Prevention Operations Congressionally-designated Projects'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided, That not
[[Page 123 STAT. 539]]
to exceed $15,000,000 of this appropriation shall be available for
technical assistance.
watershed rehabilitation program
For necessary expenses to carry out rehabilitation of structural
measures, in accordance with section 14 of the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1012), and in accordance with the
provisions of laws relating to the activities of the Department,
$40,000,000, to remain available until expended.
resource conservation and development
For necessary expenses in planning and carrying out projects for
resource conservation and development and for sound land use pursuant to
the provisions of sections 31 and 32 of the Bankhead-Jones Farm Tenant
Act (7 U.S.C. 1010-1011; 76 Stat. 607); the Act of April 27, 1935 (16
U.S.C. 590a-f); and subtitle H of title XV of the Agriculture and Food
Act of 1981 (16 U.S.C. 3451-3461), $50,730,000: Provided, That not to
exceed $3,073,000 shall be available for national headquarters
activities.
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary expenses of the Office of the Under Secretary for
Rural Development, $646,000.
Rural Development Salaries and Expenses
(including transfers of funds)
For necessary expenses for carrying out the administration and
implementation of programs in the Rural Development mission area,
including activities with institutions concerning the development and
operation of agricultural cooperatives; and for cooperative agreements;
$192,484,000: Provided, That notwithstanding any other provision of law,
funds appropriated under this section may be used for advertising and
promotional activities that support the Rural Development mission area:
Provided further, That not more than $10,000 may be expended to provide
modest nonmonetary awards to non-USDA employees: Provided further, That
any balances available from prior years for the Rural Utilities Service,
Rural Housing Service, and the Rural Business-Cooperative Service
salaries and expenses accounts shall be transferred to and merged with
this appropriation.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of 1949, to
be available from funds in the rural housing insurance
[[Page 123 STAT. 540]]
fund, as follows: $7,345,347,000 for loans to section 502 borrowers, of
which $1,121,488,000 shall be for direct loans, and of which
$6,223,859,000 shall be for unsubsidized guaranteed loans; $34,410,000
for section 504 housing repair loans; $69,512,000 for section 515 rental
housing; $129,090,000 for section 538 guaranteed multi-family housing
loans; $5,045,000 for section 524 site loans; $11,447,000 for credit
sales of acquired property, of which up to $1,447,000 may be for multi-
family credit sales; and $4,970,000 for section 523 self-help housing
land development loans.
For the cost of direct and guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, as follows: section 502 loans, $154,407,000, of which
$75,364,000 shall be for direct loans, and of which $79,043,000, to
remain available until expended, shall be for unsubsidized guaranteed
loans; section 504 housing repair loans, $9,246,000; repair,
rehabilitation, and new construction of section 515 rental housing,
$28,611,000; section 538 multi-family housing guaranteed loans,
$8,082,000; credit sales of acquired property, $523,000; and section 523
self-help housing and development loans, $82,000: Provided, That of the
total amount appropriated in this paragraph, $2,500,000 shall be
available through June 30, 2009, for authorized empowerment zones and
enterprise communities and communities designated by the Secretary of
Agriculture as Rural Economic Area Partnership Zones: Provided further,
That, for applications received under the 2009 notice of funding
availability, section 538 multi-family housing guaranteed loans funded
pursuant to this paragraph shall not be subject to a guarantee fee and
the interest on such loans may not be subsidized: Provided further, That
any balances for a demonstration program for the preservation and
revitalization of the section 515 multi-family rental housing properties
as authorized by Public Law 109-97 and Public Law 110-5 shall be
transferred to and merged with the ``Rural Housing Service, Multi-family
Housing Revitalization Program Account''.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $460,217,000, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed pursuant to
the authority under section 521(a)(2) or agreements entered into in lieu
of debt forgiveness or payments for eligible households as authorized by
section 502(c)(5)(D) of the Housing Act of 1949, $902,500,000, to remain
available through September 30, 2010; and, in addition, such sums as may
be necessary, as authorized by section 521(c) of the Act, to liquidate
debt incurred prior to fiscal year 1992 to carry out the rental
assistance program under section 521(a)(2) of the Act: Provided, That of
this amount, up to $5,958,000 shall be available for debt forgiveness or
payments for eligible households as authorized by section 502(c)(5)(D)
of the Act, and not to exceed $50,000 per project for advances to
nonprofit organizations or public agencies to cover direct costs (other
than purchase price) incurred in purchasing projects pursuant to section
502(c)(5)(C) of the Act: Provided further, That of this amount not less
than $2,030,000 is available for newly constructed units financed by
section 515 of the Housing Act of 1949, and not less
[[Page 123 STAT. 541]]
than $3,400,000 is for newly constructed units financed under sections
514 and 516 of the Housing Act of 1949: <<NOTE: Contracts.>> Provided
further, That rental assistance agreements entered into or renewed
during the current fiscal year shall be funded for a one-year period:
Provided further, That any unexpended balances remaining at the end of
such one-year agreements may be transferred and used for the purposes of
any debt reduction; maintenance, repair, or rehabilitation of any
existing projects; preservation; and rental assistance activities
authorized under title V of the Act: Provided further, That rental
assistance provided under agreements entered into prior to fiscal year
2009 for a farm labor multi-family housing project financed under
section 514 or 516 of the Act may not be recaptured for use in another
project until such assistance has remained unused for a period of 12
consecutive months, if such project has a waiting list of tenants
seeking such assistance or the project has rental assistance eligible
tenants who are not receiving such assistance: <<NOTE: Applicability.>>
Provided further, That such recaptured rental assistance shall, to the
extent practicable, be applied to another farm labor multi-family
housing project financed under section 514 or 516 of the Act.
multi-family housing revitalization program account
For the rural housing voucher program as authorized under section
542 of the Housing Act of 1949, but notwithstanding subsection (b) of
such section, for the cost to conduct a housing demonstration program to
provide revolving loans for the preservation of low-income multi-family
housing projects, and for additional costs to conduct a demonstration
program for the preservation and revitalization of multi-family rental
housing properties described in this paragraph, $27,714,000, to remain
available until expended: Provided, That <<NOTE: Vouchers.>> of the
funds made available under this heading, $4,965,000 shall be available
for rural housing vouchers to any low-income household (including those
not receiving rental assistance) residing in a property financed with a
section 515 loan which has been prepaid after September 30, 2005:
Provided further, That the amount of such voucher shall be the
difference between comparable market rent for the section 515 unit and
the tenant paid rent for such unit: Provided further, That funds made
available for such vouchers shall be subject to the availability of
annual appropriations: Provided further, That the Secretary shall, to
the maximum extent practicable, administer such vouchers with current
regulations and administrative guidance applicable to section 8 housing
vouchers administered by the Secretary of the Department of Housing and
Urban Development (including the ability to pay administrative costs
related to delivery of the voucher funds): Provided further, That if the
Secretary determines that the amount made available for vouchers in this
or any other Act is not needed for vouchers, the Secretary may use such
funds for the demonstration programs for the preservation and
revitalization of multi-family rental housing properties described in
this paragraph: <<NOTE: Loans.>> Provided further, That of the funds
made available under this heading, $2,889,000 shall be available for the
cost of loans to private non-profit organizations, or such non-profit
organizations' affiliate loan funds and State and local housing finance
agencies, to carry out a housing demonstration program to provide
revolving loans for the preservation of low-income multi-family housing
projects: Provided further, That loans under such demonstration program
shall
[[Page 123 STAT. 542]]
have an interest rate of not more than 1 percent direct loan to the
recipient: Provided further, That the Secretary may defer the interest
and principal payment to the Rural Housing Service for up to 3 years and
the term of such loans shall not exceed 30 years: Provided further, That
of the funds made available under this heading, $19,860,000 shall be
available for a demonstration program for the preservation and
revitalization of the section 514, 515, and 516 multi-family rental
housing properties to restructure existing USDA multi-family housing
loans, as the Secretary deems appropriate, expressly for the purposes of
ensuring the project has sufficient resources to preserve the project
for the purpose of providing safe and affordable housing for low-income
residents and farm laborers including reducing or eliminating interest;
deferring loan payments, subordinating, reducing or reamortizing loan
debt; and other financial assistance including advances, payments and
incentives (including the ability of owners to obtain reasonable returns
on investment) required by the Secretary: Provided further, That the
Secretary shall as part of the preservation and revitalization agreement
obtain a restrictive use agreement consistent with the terms of the
restructuring: Provided further, That if the Secretary determines that
additional funds for vouchers described in this paragraph are needed,
funds for the preservation and revitalization demonstration program may
be used for such vouchers: Provided further, That the Secretary may use
any unobligated funds appropriated for the rural housing voucher program
in a prior fiscal year to support information technology activities of
the Rural Housing Service to the extent the Secretary determines that
additional funds are not needed for this fiscal year to provide vouchers
described in this paragraph: Provided further, That if Congress enacts
legislation to permanently authorize a section 515 multi-family rental
housing loan restructuring program similar to the demonstration program
described herein, the Secretary may use funds made available for the
demonstration program under this heading to carry out such legislation
with the prior approval of the Committees on Appropriations of both
Houses of Congress.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $38,727,000, to remain available
until expended: Provided, That of the total amount appropriated,
$1,000,000 shall be available through June 30, 2009, for authorized
empowerment zones and enterprise communities and communities designated
by the Secretary of Agriculture as Rural Economic Area Partnership
Zones.
rural housing assistance grants
(including transfer of funds)
For grants and contracts for very low-income housing repair,
supervisory and technical assistance, compensation for construction
defects, and rural housing preservation made by the Rural Housing
Service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e, and 1490m,
$41,500,000, to remain available until expended: Provided, That of the
total amount appropriated, $1,200,000 shall be available through June
30, 2009, for authorized empowerment zones and
[[Page 123 STAT. 543]]
enterprise communities and communities designated by the Secretary of
Agriculture as Rural Economic Area Partnership Zones: Provided further,
That any balances to carry out a housing demonstration program to
provide revolving loans for the preservation of low-income multi-family
housing projects as authorized in Public Law 108-447 and Public Law 109-
97 shall be transferred to and merged with the ``Rural Housing Service,
Multi-family Housing Revitalization Program Account''.
farm labor program account
For the cost of direct loans, grants, and contracts, as authorized
by 42 U.S.C. 1484 and 1486, $18,269,000, to remain available until
expended, for direct farm labor housing loans and domestic farm labor
housing grants and contracts.
Rural Community Facilities Program Account
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants for rural
community facilities programs as authorized by section 306 and described
in section 381E(d)(1) of the Consolidated Farm and Rural Development
Act, $63,830,000, to remain available until expended: Provided, That
$6,256,000 of the amount appropriated under this heading shall be
available for a Rural Community Development Initiative: Provided
further, That such funds shall be used solely to develop the capacity
and ability of private, nonprofit community-based housing and community
development organizations, low-income rural communities, and Federally
Recognized Native American Tribes to undertake projects to improve
housing, community facilities, community and economic development
projects in rural areas: Provided further, That such funds shall be made
available to qualified private, nonprofit and public intermediary
organizations proposing to carry out a program of financial and
technical assistance: Provided further, That such intermediary
organizations shall provide matching funds from other sources, including
Federal funds for related activities, in an amount not less than funds
provided: Provided further, That $10,000,000 of the amount appropriated
under this heading shall be to provide grants for facilities in rural
communities with extreme unemployment and severe economic depression
(Public Law 106-387), with up to 5 percent for administration and
capacity building in the State rural development offices: Provided
further, That $3,972,000 of the amount appropriated under this heading
shall be available for community facilities grants to tribal colleges,
as authorized by section 306(a)(19) of such Act: Provided further, That
not to exceed $1,000,000 of the amount appropriated under this heading
shall be available through June 30, 2009, for authorized empowerment
zones and enterprise communities and communities designated by the
Secretary of Agriculture as Rural Economic Area Partnership Zones for
the rural community programs described in section 381E(d)(1) of the
Consolidated Farm and Rural Development Act: Provided further, That
sections 381E-H and 381N of the Consolidated Farm and Rural Development
Act are not applicable to the funds made available under this heading:
Provided further, That any prior balances in the Rural Development,
Rural Community Advancement Program account for programs authorized
[[Page 123 STAT. 544]]
by section 306 and described in section 381E(d)(1) of such Act be
transferred and merged with this account and any other prior balances
from the Rural Development, Rural Community Advancement Program account
that the Secretary determines is appropriate to transfer.
Rural Business--Cooperative Service
rural business program account
(including transfers of funds)
For the cost of loan guarantees and grants, for the rural business
development programs authorized by sections 306 and 310B and described
in sections 310B(f) and 381E(d)(3) of the Consolidated Farm and Rural
Development Act, $87,385,000, to remain available until expended:
Provided, That of the amount appropriated under this heading, not to
exceed $500,000 shall be made available for a grant to a qualified
national organization to provide technical assistance for rural
transportation in order to promote economic development and $2,979,000
shall be for grants to the Delta Regional Authority (7 U.S.C. 1921 et
seq.) for any Rural Community Advancement Program purpose as described
in section 381E(d) of the Consolidated Farm and Rural Development Act,
of which not more than 5 percent may be used for administrative
expenses: Provided further, That $4,000,000 of the amount appropriated
under this heading shall be for business grants to benefit Federally
Recognized Native American Tribes, including $250,000 for a grant to a
qualified national organization to provide technical assistance for
rural transportation in order to promote economic development: Provided
further, That not to exceed $8,300,000 of the amount appropriated under
this heading shall be available through June 30, 2009, for authorized
empowerment zones and enterprise communities and communities designated
by the Secretary of Agriculture as Rural Economic Area Partnership Zones
for the rural business and cooperative development programs described in
section 381E(d)(3) of the Consolidated Farm and Rural Development Act:
Provided further, That sections 381E-H and 381N of the Consolidated Farm
and Rural Development Act are not applicable to funds made available
under this heading: Provided further, That any prior balances in the
Rural Development, Rural Community Advancement Program account for
programs authorized by sections 306 and 310B and described in sections
310B(f) and 381E(d)(3) of such Act be transferred and merged with this
account and any other prior balances from the Rural Development, Rural
Community Advancement Program account that the Secretary determines is
appropriate to transfer.
rural development loan fund program account
(including transfer of funds)
For the principal amount of direct loans, as authorized by the Rural
Development Loan Fund (42 U.S.C. 9812(a)), $33,536,000.
For the cost of direct loans, $14,035,000, as authorized by the
Rural Development Loan Fund (42 U.S.C. 9812(a)), of which $1,724,000
shall be available through June 30, 2009, for Federally Recognized
Native American Tribes and of which $3,449,000 shall be available
through June 30, 2009, for Mississippi Delta Region
[[Page 123 STAT. 545]]
counties (as determined in accordance with Public Law 100-460):
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That of the total amount appropriated, $880,000
shall be available through June 30, 2009, for the cost of direct loans
for authorized empowerment zones and enterprise communities and
communities designated by the Secretary of Agriculture as Rural Economic
Area Partnership Zones.
In addition, for administrative expenses to carry out the direct
loan programs, $4,853,000 shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and Expenses''.
Rural Economic Development Loans Program Account
(including rescission of funds)
For the principal amount of direct loans, as authorized under
section 313 of the Rural Electrification Act, for the purpose of
promoting rural economic development and job creation projects,
$33,077,000.
Of the funds derived from interest on the cushion of credit
payments, as authorized by section 313 of the Rural Electrification Act
of 1936, $20,000,000 shall not be obligated and $20,000,000 are
rescinded.
rural cooperative development grants
For rural cooperative development grants authorized under section
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932), $12,636,000, of which $300,000 shall be for a cooperative
research agreement with a qualified academic institution to conduct
research on the national economic impact of all types of cooperatives;
and of which $2,582,000 shall be for cooperative agreements for the
appropriate technology transfer for rural areas program: Provided, That
not to exceed $1,463,000 shall be for cooperatives or associations of
cooperatives whose primary focus is to provide assistance to small,
socially disadvantaged producers and whose governing board and/or
membership is comprised of at least 75 percent socially disadvantaged
members; and of which $3,867,000, to remain available until expended,
shall be for value-added agricultural product market development grants,
as authorized by section 231 of the Agricultural Risk Protection Act of
2000 (7 U.S.C. 1621 note).
rural empowerment zones and enterprise communities grants
For grants in connection with empowerment zones and enterprise
communities, $8,130,000, to remain available until expended, for
designated rural empowerment zones and rural enterprise communities, as
authorized by the Taxpayer Relief Act of 1997 and the Omnibus
Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public
Law 105-277): Provided, That the funds provided under this paragraph
shall be made available to empowerment zones and enterprise communities
in a manner and with the same priorities such funds were made available
during the 2007 fiscal year.
[[Page 123 STAT. 546]]
rural energy for america program
For the cost of a program of loan guarantees and grants, under the
same terms and conditions as authorized by section 9007 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8107), $5,000,000:
Provided, That the cost of loan guarantees, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974.
Rural Utilities Service
Rural Water and Waste Disposal Program Account
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants for the
rural water, waste water, waste disposal, and solid waste management
programs authorized by sections 306, 306A, 306C, 306D, and 310B and
described in sections 306C(a)(2), 306D, and 381E(d)(2) of the
Consolidated Farm and Rural Development Act, $556,268,000, to remain
available until expended, of which not to exceed $497,000 shall be
available for the rural utilities program described in section
306(a)(2)(B) of such Act, and of which not to exceed $993,000 shall be
available for the rural utilities program described in section 306E of
such Act: Provided, That $65,000,000 of the amount appropriated under
this heading shall be for loans and grants including water and waste
disposal systems grants authorized by 306C(a)(2)(B) and 306D of the
Consolidated Farm and Rural Development Act and for Federally-recognized
Native American Tribes authorized by 306C(a)(1): Provided further, That
not to exceed $19,000,000 of the amount appropriated under this heading
shall be for technical assistance grants for rural water and waste
systems pursuant to section 306(a)(14) of such Act, unless the Secretary
makes a determination of extreme need, of which $5,600,000 shall be made
available for a grant to a qualified non-profit multi-state regional
technical assistance organization, with experience in working with small
communities on water and waste water problems, the principal purpose of
such grant shall be to assist rural communities with populations of
3,300 or less, in improving the planning, financing, development,
operation, and management of water and waste water systems, and of which
not less than $800,000 shall be for a qualified national Native American
organization to provide technical assistance for rural water systems for
tribal communities: Provided further, That not to exceed $14,000,000 of
the amount appropriated under this heading shall be for contracting with
qualified national organizations for a circuit rider program to provide
technical assistance for rural water systems: Provided further, That not
to exceed $12,700,000 of the amount appropriated under this heading
shall be available through June 30, 2009, for authorized empowerment
zones and enterprise communities and communities designated by the
Secretary of Agriculture as Rural Economic Area Partnership Zones for
the rural utilities programs described in section 381E(d)(2) of such
Act: Provided further, That $17,500,000 of the amount appropriated under
this heading shall be transferred to, and merged with, the Rural
Utilities Service, High Energy Cost Grants Account to provide grants
authorized under section 19 of the Rural Electrification Act of 1936 (7
U.S.C. 918a): Provided further, That any
[[Page 123 STAT. 547]]
prior year balances for high cost energy grants authorized by section 19
of the Rural Electrification Act of 1936 (7 U.S.C. 901(19)) shall be
transferred to and merged with the Rural Utilities Service, High Energy
Costs Grants Account: Provided further, That sections 381E-H and 381N of
the Consolidated Farm and Rural Development Act are not applicable to
the funds made available under this heading: Provided further, That any
prior balances in the Rural Development, Rural Community Advancement
Program account programs authorized by sections 306, 306A, 306C, 306D,
and 310B and described in sections 306C(a)(2), 306D, and 381E(d)(2) of
such Act be transferred to and merged with this account and any other
prior balances from the Rural Development, Rural Community Advancement
Program account that the Secretary determines is appropriate to
transfer.
rural electrification and telecommunications loans program account
(including transfer of funds)
The principal amount of direct and guaranteed loans as authorized by
section 305 of the Rural Electrification Act of 1936 (7 U.S.C. 935)
shall be made as follows: 5 percent rural electrification loans,
$100,000,000; loans made pursuant to section 306 of that Act, rural
electric, $6,500,000,000; 5 percent rural telecommunications loans,
$145,000,000; cost of money rural telecommunications loans,
$250,000,000; and for loans made pursuant to section 306 of that Act,
rural telecommunications loans, $295,000,000.
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, including the cost of modifying loans, of direct and
guaranteed loans authorized by sections 305 and 306 of the Rural
Electrification Act of 1936 (7 U.S.C. 935 and 936), as follows: the cost
of telecommunications loans, $525,000: Provided, That notwithstanding
section 305(d)(2) of the Rural Electrification Act of 1936, borrower
interest rates may exceed 7 percent per year.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $39,245,000, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
distance learning, telemedicine, and broadband program
(including rescission of funds)
For the principal amount of broadband telecommunication loans,
$400,487,000.
For grants for telemedicine and distance learning services in rural
areas, as authorized by 7 U.S.C. 950aaa et seq., $34,755,000, to remain
available until expended: Provided, That the Secretary may use funds
under this heading for grants authorized by 379(g) of the Consolidated
Farm and Rural Development Act: Provided further, That $4,965,000 shall
be made available to convert analog to digital operation those
noncommercial educational television broadcast stations that serve rural
areas and are qualified for Community Service Grants by the Corporation
for Public Broadcasting under section 396(k) of the Communications Act
of 1934, including associated translators and repeaters, regardless of
the location of their main transmitter, studio-to-transmitter links, and
[[Page 123 STAT. 548]]
equipment to allow local control over digital content and programming
through the use of high-definition broadcast, multi-casting and
datacasting technologies.
For the cost of broadband loans, as authorized by section 601 of the
Rural Electrification Act, $15,619,000, to remain available until
expended: Provided, That the cost of direct loans shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That of the unobligated balances available for the cost of the broadband
loans, $6,404,000 are rescinded.
In addition, $13,406,000, to remain available until expended, for a
grant program to finance broadband transmission in rural areas eligible
for Distance Learning and Telemedicine Program benefits authorized by 7
U.S.C. 950aaa.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition and Consumer Services
For necessary expenses of the Office of the Under Secretary for
Food, Nutrition and Consumer Services, $610,000.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
In lieu of the amounts made available in section 14222(b) of the
Food, Conservation, and Energy Act of 2008, for necessary expenses to
carry out the Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.), except section 21, and the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.), except sections 17 and 21; $14,951,911,000, to
remain available through September 30, 2010, of which $8,496,109,000 is
hereby appropriated and $6,455,802,000 shall be derived by transfer from
funds available under section 32 of the Act of August 24, 1935 (7 U.S.C.
612c).
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition Act
of 1966 (42 U.S.C. 1786), $6,860,000,000, to remain available through
September 30, 2010, of which such sums as are necessary to restore the
contingency reserve to $125,000,000 shall be placed in reserve, to
remain available until expended, to be allocated as the Secretary deems
necessary, notwithstanding section 17(i) of such Act, to support
participation should cost or participation exceed budget estimates:
Provided, That of the total amount available, the Secretary shall
obligate not less than $14,850,000 for a breastfeeding support
initiative in addition to the activities specified in section
17(h)(3)(A): Provided further, That, notwithstanding section
17(h)(10)(A) of such Act, only the provisions of section 17(h)(10)(B)(i)
and section 17(h)(10)(B)(ii) shall be effective in 2009; including
$14,000,000 for the purposes specified in section 17(h)(10)(B)(i):
Provided further, That funds made available for
[[Page 123 STAT. 549]]
the purposes specified in section 17(h)(10)(B)(ii) shall only be made
available upon determination by the Secretary that funds are available
to meet caseload requirements without the use of the contingency reserve
funds after the date of enactment of this Act: Provided further, That
hereafter none of the funds in this Act shall be available to pay
administrative expenses of WIC clinics except those that have an
announced policy of prohibiting smoking within the space used to carry
out the program: Provided further, That none of the funds provided in
this account shall be available for the purchase of infant formula
except in accordance with the cost containment and competitive bidding
requirements specified in section 17 of such Act: Provided further, That
none of the funds provided shall be available for activities that are
not fully reimbursed by other Federal Government departments or agencies
unless authorized by section 17 of such Act.
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.), $53,969,246,000, of which $3,000,000,000,
to remain available through September 30, 2010, shall be placed in
reserve for use only in such amounts and at such times as may become
necessary to carry out program operations: Provided, That funds provided
herein shall be expended in accordance with section 16 of the Food and
Nutrition Act of 2008: Provided further, That this appropriation shall
be subject to any work registration or workfare requirements as may be
required by law: Provided further, That funds made available for
Employment and Training under this heading shall remain available until
expended, as authorized by section 16(h)(1) of the Food and Nutrition
Act of 2008: Provided further, That funds made available under this
heading may be used to enter into contracts and employ staff to conduct
studies, evaluations, or to conduct activities related to program
integrity provided that such activities are authorized by the Food and
Nutrition Act of 2008.
commodity assistance program
For necessary expenses to carry out disaster assistance and the
Commodity Supplemental Food Program as authorized by section 4(a) of the
Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note);
the Emergency Food Assistance Act of 1983; special assistance for the
nuclear affected islands, as authorized by section 103(f)(2) of the
Compact of Free Association Amendments Act of 2003 (Public Law 108-188);
and the Farmers' Market Nutrition Program, as authorized by section
17(m) of the Child Nutrition Act of 1966, $230,800,000, to remain
available through September 30, 2010: Provided, That none of these funds
shall be available to reimburse the Commodity Credit Corporation for
commodities donated to the program: Provided further, That
notwithstanding any other provision of law, effective with funds made
available in fiscal year 2009 to support the Seniors Farmers' Market
Nutrition Program, as authorized by section 4402 of the Farm Security
and Rural Investment Act of 2002, such funds shall remain available
through September 30, 2010: Provided further, That of the funds made
available under section 27(a) of the Food and Nutrition Act of 2008 (7
U.S.C. 2036(a)), the Secretary may use up to 10 percent for costs
associated with the distribution of commodities.
[[Page 123 STAT. 550]]
nutrition programs administration
For necessary administrative expenses of the Food and Nutrition
Service for carrying out any domestic nutrition assistance program,
$142,595,000.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $158,000 for representation allowances and for
expenses pursuant to section 8 of the Act approved August 3, 1956 (7
U.S.C. 1766), $165,436,000: Provided, That the Service may utilize
advances of funds, or reimburse this appropriation for expenditures made
on behalf of Federal agencies, public and private organizations and
institutions under agreements executed pursuant to the agricultural food
production assistance programs (7 U.S.C. 1737) and the foreign
assistance programs of the United States Agency for International
Development: <<NOTE: Notification.>> Provided further, That funds made
available for the cost of agreements under title I of the Agricultural
Trade Development and Assistance Act of 1954 and for title I ocean
freight differential may be used interchangeably between the two
accounts with prior notice to the Committees on Appropriations of both
Houses of Congress.
public law 480 title i direct credit and food for progress program
account
(including transfers of funds)
For administrative expenses to carry out the credit program of title
I, Public Law 83-480 and the Food for Progress Act of 1985, $2,736,000,
to be transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
public law 480 title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Food for Peace Act, for commodities supplied in
connection with dispositions abroad under title II of said Act,
$1,225,900,000, to remain available until expended.
commodity credit corporation export loans program account
(including transfers of funds)
For administrative expenses to carry out the Commodity Credit
Corporation's export guarantee program, GSM 102 and GSM 103, $5,333,000;
to cover common overhead expenses as permitted by section 11 of the
Commodity Credit Corporation Charter Act and in conformity with the
Federal Credit Reform Act of 1990, of which
[[Page 123 STAT. 551]]
$4,985,000 shall be transferred to and merged with the appropriation for
``Foreign Agricultural Service, Salaries and Expenses'', and of which
$348,000 shall be transferred to and merged with the appropriation for
``Farm Service Agency, Salaries and Expenses''.
mc govern-dole international food for education and child nutrition
program grants
For necessary expenses to carry out the provisions of section 3107
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
1), $100,000,000, to remain available until expended: Provided, That the
Commodity Credit Corporation is authorized to provide the services,
facilities, and authorities for the purpose of implementing such
section, subject to reimbursement from amounts provided herein.
TITLE VI
RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
salaries and expenses
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of
space rental and related costs pursuant to Public Law 92-313 for
programs and activities of the Food and Drug Administration which are
included in this Act; for rental of special purpose space in the
District of Columbia or elsewhere; for miscellaneous and emergency
expenses of enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's certificate,
not to exceed $25,000; and notwithstanding section 521 of Public Law
107-188; $2,622,267,000, of which $7,641,000 shall be for the purposes,
and in the amounts, specified in the final paragraph under ``Food and
Drug Administration, Salaries and Expenses'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That of the amount provided under this
heading, $510,665,000 shall be derived from prescription drug user fees
authorized by 21 U.S.C. 379h shall be credited to this account and
remain available until expended, and shall not include any fees pursuant
to 21 U.S.C. 379h(a)(2) and (a)(3) assessed for fiscal year 2010 but
collected in fiscal year 2009; $52,547,000 shall be derived from medical
device user fees authorized by 21 U.S.C. 379j, and shall be credited to
this account and remain available until expended; $15,260,000 shall be
derived from animal drug user fees authorized by 21 U.S.C. 379j, and
shall be credited to this account and remain available until expended;
and $4,831,000 shall be derived from animal generic drug user fees
authorized by 21 U.S.C. 379f, and shall be credited to this account and
shall remain available until expended: Provided further, That fees
derived from prescription drug, medical device, animal drug, and animal
generic drug assessments for fiscal year 2009 received during fiscal
year 2009, including any such fees assessed prior to fiscal year 2009
but credited for fiscal year 2009, shall be subject to the
[[Page 123 STAT. 552]]
fiscal year 2009 limitations: Provided further, That none of these funds
shall be used to develop, establish, or operate any program of user fees
authorized by 31 U.S.C. 9701: Provided further, That of the total amount
appropriated: (1) $648,722,000 shall be for the Center for Food Safety
and Applied Nutrition and related field activities in the Office of
Regulatory Affairs; (2) $777,437,000 shall be for the Center for Drug
Evaluation and Research and related field activities in the Office of
Regulatory Affairs, of which no less than $41,358,000 shall be available
for the Office of Generic Drugs; (3) $271,490,000 shall be for the
Center for Biologics Evaluation and Research and for related field
activities in the Office of Regulatory Affairs; (4) $134,344,000 shall
be for the Center for Veterinary Medicine and for related field
activities in the Office of Regulatory Affairs; (5) $310,547,000 shall
be for the Center for Devices and Radiological Health and for related
field activities in the Office of Regulatory Affairs; (6) $52,511,000
shall be for the National Center for Toxicological Research; (7) not to
exceed $111,758,000 shall be for Rent and Related activities, of which
$41,281,000 is for White Oak Consolidation, other than the amounts paid
to the General Services Administration for rent; (8) not to exceed
$155,425,000 shall be for payments to the General Services
Administration for rent; and (9) $160,033,000 shall be for other
activities, including the Office of the Commissioner; the Office of
Scientific and Medical Programs; the Office of Policy, Planning and
Preparedness; the Office of International and Special Programs; the
Office of Operations; and central services for these offices: Provided
further, That none of the funds made available under this heading shall
be used to transfer funds under section 770(n) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 379dd): Provided further, That funds
may be transferred from one specified activity to another with the prior
approval of the Committees on Appropriations of both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C. 263b,
export certification user fees authorized by 21 U.S.C. 381, and priority
review user fees authorized by 21 U.S.C. 360n may be credited to this
account, to remain available until expended.
buildings and facilities
For plans, construction, repair, improvement, extension, alteration,
and purchase of fixed equipment or facilities of or used by the Food and
Drug Administration, where not otherwise provided, $12,433,000, to
remain available until expended.
INDEPENDENT AGENCY
Farm Credit Administration
limitation on administrative expenses
Not to exceed $49,000,000 (from assessments collected from farm
credit institutions, including the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expenses as authorized under 12 U.S.C. 2249: Provided,
That this limitation shall not apply to expenses associated with
receiverships.
[[Page 123 STAT. 553]]
TITLE VII
GENERAL PROVISIONS
(including rescission and transfers of funds)
Sec. 701. Within the unit limit of cost fixed by law, appropriations
and authorizations made for the Department of Agriculture for the
current fiscal year under this Act shall be available for the purchase,
in addition to those specifically provided for, of not to exceed 327
passenger motor vehicles, of which 315 shall be for replacement only,
and for the hire of such vehicles.
Sec. 702. <<NOTE: 7 USC 2209b note.>> New obligational authority
provided for the following appropriation items in this Act shall remain
available until expended: Food Safety and Inspection Service, Public
Health Data Communication Infrastructure System; Farm Service Agency,
salaries and expenses funds made available to county committees; Foreign
Agricultural Service, middle-income country training program, and up to
$2,000,000 of the Foreign Agricultural Service appropriation solely for
the purpose of offsetting fluctuations in international currency
exchange rates, subject to documentation by the Foreign Agricultural
Service.
Sec. 703. The Secretary of Agriculture may transfer unobligated
balances of discretionary funds appropriated by this Act or other
available unobligated discretionary balances of the Department of
Agriculture to the Working Capital Fund for the acquisition of plant and
capital equipment necessary for the financial management modernization
initiative and the delivery of financial, administrative, and
information technology services of primary benefit to the agencies of
the Department of Agriculture: Provided, That none of the funds made
available by this Act or any other Act shall be transferred to the
Working Capital Fund without the prior approval of the agency
administrator: Provided further, That none of the funds transferred to
the Working Capital Fund pursuant to this section shall be available for
obligation without the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further, That none
of the funds appropriated by this Act or made available to the
Department's Working Capital Fund shall be available for obligation or
expenditure to make any changes to the Department's National Finance
Center without prior approval of the Committees on Appropriations of
both Houses of Congress as required by section 712 of this Act.
Sec. 704. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 705. No funds appropriated by this Act may be used to pay
negotiated indirect cost rates on cooperative agreements or similar
arrangements between the United States Department of Agriculture and
nonprofit institutions in excess of 10 percent of the total direct cost
of the agreement when the purpose of such cooperative arrangements is to
carry out programs of mutual interest between the two parties. This does
not preclude appropriate payment of indirect costs on grants and
contracts with such institutions when such indirect costs are computed
on a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 706. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in the current fiscal
year shall remain available until expended to disburse
[[Page 123 STAT. 554]]
obligations made in the current fiscal year for the following accounts:
the Rural Development Loan Fund program account, the Rural
Electrification and Telecommunication Loans program account, and the
Rural Housing Insurance Fund program account.
Sec. 707. Of the funds made available by this Act, not more than
$1,800,000 shall be used to cover necessary expenses of activities
related to all advisory committees, panels, commissions, and task forces
of the Department of Agriculture, except for panels used to comply with
negotiated rule makings and panels used to evaluate competitively
awarded grants.
Sec. 708. None of the funds appropriated by this Act may be used to
carry out section 410 of the Federal Meat Inspection Act (21 U.S.C.
679a) or section 30 of the Poultry Products Inspection Act (21 U.S.C.
471).
Sec. 709. No employee of the Department of Agriculture may be
detailed or assigned from an agency or office funded by this Act to any
other agency or office of the Department for more than 30 days unless
the individual's employing agency or office is fully reimbursed by the
receiving agency or office for the salary and expenses of the employee
for the period of assignment.
Sec. 710. None of the funds appropriated or otherwise made available
to the Department of Agriculture or the Food and Drug Administration
shall be used to transmit or otherwise make available to any non-
Department of Agriculture or non-Department of Health and Human Services
employee questions or responses to questions that are a result of
information requested for the appropriations hearing process.
Sec. 711. None of the funds made available to the Department of
Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the Office
of the Chief Information Officer, without the approval of the Chief
Information Officer and the concurrence of the Executive Information
Technology Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or otherwise made
available by this Act may be transferred to the Office of the Chief
Information Officer without the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further, That none
of the funds available to the Department of Agriculture for information
technology shall be obligated for projects over $25,000 prior to receipt
of written approval by the Chief Information Officer.
Sec. 712. <<NOTE: Notifications. Deadlines.>> (a) None of the funds
provided by this Act, or provided by previous Appropriations Acts to the
agencies funded by this Act that remain available for obligation or
expenditure in the current fiscal year, or provided from any accounts in
the Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
[[Page 123 STAT. 555]]
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees; unless the Committees
on Appropriations of both Houses of Congress are notified 15
days in advance of such reprogramming of funds.
(b) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in excess of
$500,000 or 10 percent, which-ever is less, that: (1) augments existing
programs, projects, or activities; (2) reduces by 10 percent funding for
any existing program, project, or activity, or numbers of personnel by
10 percent as approved by Congress; or (3) results from any general
savings from a reduction in personnel which would result in a change in
existing programs, activities, or projects as approved by Congress;
unless the Committees on Appropriations of both Houses of Congress are
notified 15 days in advance of such reprogramming of funds.
(c) The Secretary of Agriculture or the Secretary of Health and
Human Services shall notify the Committees on Appropriations of both
Houses of Congress before implementing a program or activity not carried
out during the previous fiscal year unless the program or activity is
funded by this Act or specifically funded by any other Act.
Sec. 713. None of the funds appropriated by this or any other Act
shall be used to pay the salaries and expenses of personnel who prepare
or submit appropriations language as part of the President's Budget
submission to the Congress of the United States for programs under the
jurisdiction of the Appropriations Subcommittees on Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies that
assumes revenues or reflects a reduction from the previous year due to
user fees proposals that have not been enacted into law prior to the
submission of the Budget unless such Budget submission identifies which
additional spending reductions should occur in the event the user fees
proposals are not enacted prior to the date of the convening of a
committee of conference for the fiscal year 2010 appropriations Act.
Sec. 714. None of the funds made available by this or any other Act
may be used to close or relocate a Rural Development office unless or
until the Secretary of Agriculture determines the cost effectiveness
and/or enhancement of program delivery: Provided,
That <<NOTE: Deadline. Notification. Reports.>> not later than 120 days
before the date of the proposed closure or relocation, the Secretary
notifies the Committees on Appropriation of the House and Senate, and
the members of Congress from the State in which the office is located of
the proposed closure or relocation and provides a report that describes
the justifications for such closures and relocations.
Sec. 715. None of the funds made available to the Food and Drug
Administration by this Act shall be used to close or relocate, or to
plan to close or relocate, the Food and Drug Administration Division of
Pharmaceutical Analysis in St. Louis, Missouri, outside the city or
county limits of St. Louis, Missouri.
[[Page 123 STAT. 556]]
Sec. 716. There is hereby appropriated $434,000, to remain available
until expended, for the Denali Commission to address deficiencies in
solid waste disposal sites which threaten to contaminate rural drinking
water supplies.
Sec. 717. None of the funds appropriated or otherwise made available
by this or any other Act shall be used to pay the salaries and expenses
of personnel to carry out an environmental quality incentives program
authorized by chapter 4 of subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3839aa, et seq.) in excess of $1,067,000,000.
Sec. 718. None of the funds made available in fiscal year 2009 or
preceding fiscal years for programs authorized under the Food for Peace
Act (7 U.S.C. 1691 et seq.) in excess of $20,000,000 shall be used to
reimburse the Commodity Credit Corporation for the release of eligible
commodities under section 302(f)(2)(A) of the Bill Emerson Humanitarian
Trust Act (7 U.S.C. 1736f-1): Provided, That any such funds made
available to reimburse the Commodity Credit Corporation shall only be
used pursuant to section 302(b)(2)(B)(i) of the Bill Emerson
Humanitarian Trust Act.
Sec. 719. No funds shall be used to pay salaries and expenses of
the Department of Agriculture to carry out or administer the program
authorized by section 14(h)(1) of the Watershed Protection and Flood
Prevention Act (16 U.S.C. 1012(h)(1)).
Sec. 720. Funds made available under section 1240I and section
1241(a) of the Food Security Act of 1985 and section 524(b) of the
Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal year
shall remain available until expended to disburse obligations made in
the current fiscal year.
Sec. 721. <<NOTE: News stories.>> Unless otherwise authorized by
existing law, none of the funds provided in this Act, may be used by an
executive branch agency to produce any prepackaged news story intended
for broadcast or distribution in the United States unless the story
includes a clear notification within the text or audio of the
prepackaged news story that the prepackaged news story was prepared or
funded by that executive branch agency.
Sec. 722. Notwithstanding any other provision of law, any former RUS
borrower that has repaid or prepaid an insured, direct or guaranteed
loan under the Rural Electrification Act, or any not-for-profit utility
that is eligible to receive an insured or direct loan under such Act,
shall be eligible for assistance under section 313(b)(2)(B) of such Act
in the same manner as a borrower under such Act.
Sec. 723. None of the funds appropriated or otherwise made available
by this or any other Act shall be used to pay the salaries and expenses
of personnel to carry out a program under subsection (b)(2)(A)(i) of
section 14222 of Public Law 110-246 in excess of $1,071,530,000:
Provided, That none of the funds made available in this Act or any other
Act shall be used for salaries and expenses to carry out section
19(i)(1)(B) of the Richard B. Russell National School Lunch Act as
amended by section 4304 of Public Law 110-246 in excess of $16,000,000
until October 1, 2009: Provided further, of the unobligated balances
under section 32 of the Act of August 24, 1935, $293,530,000 are hereby
rescinded.
Sec. 724. <<NOTE: Waiver authority.>> Notwithstanding any other
provision of law, the Secretary of Agriculture is authorized to make
funding and other assistance available through the emergency watershed
protection program under section 403 of the Agricultural Credit Act of
1978
[[Page 123 STAT. 557]]
(16 U.S.C. 2203) to repair and prevent damage to non-Federal land in
watersheds that have been impaired by fires initiated by the Federal
Government and shall waive cost sharing requirements for the funding and
assistance.
Sec. 725. There is hereby appropriated $3,497,000, to remain
available until expended, for a grant to the National Center for Natural
Products Research for construction or renovation to carry out the
research objectives of the natural products research grant issued by the
Food and Drug Administration.
Sec. 726. There is hereby appropriated $469,000, to remain available
until expended, for the planning and design of construction of an
agriculture pest facility in the State of Hawaii.
Sec. 727. None of the funds made available in this Act may be used
to establish or implement a rule allowing poultry products to be
imported into the United States from the People's Republic of China.
Sec. 728. There is hereby appropriated $794,000 to the Farm Service
Agency to carry out a pilot program to demonstrate the use of new
technologies that increase the rate of growth of re-forested hardwood
trees on private non-industrial forests lands, enrolling lands on the
coast of the Gulf of Mexico that were damaged by Hurricane Katrina in
2005.
Sec. 729. None of the funds made available to the Department of
Agriculture in this Act may be used to implement the risk-based
inspection program in the 30 prototype locations announced on February
22, 2007, by the Under Secretary for Food Safety, or at any other
locations, until the USDA Office of Inspector General has provided its
findings to the Food Safety and Inspection Service and the Committees on
Appropriations of the House of Representatives and the Senate on the
data used in support of the development and design of the risk-based
inspection program and FSIS has addressed and resolved issues identified
by OIG.
Sec. 730. <<NOTE: State listing.>> Notwithstanding any other
provision of law, and until receipt of the decennial Census in the year
2010, the Secretary of Agriculture shall consider--
(1) the City of Palmview, Texas; the City of Pharr, Texas;
the City of Hidalgo, Texas; the City of Alton, Texas; the City
of La Joya, Texas; the City of Penitas, Texas; the City of
Schertz, Texas; the City of Converse, Texas; the City of Cibolo,
Texas; and the Township of Bern, Pennsylvania (including
individuals and entities with projects within the cities),
eligible for loans and grants funded through the Rural Business
Program account;
(2) the County of Nueces, Texas (including individuals and
entities with projects within the county), eligible under the
Business and Industry Loan Guarantee Program for the purposes of
financing a beef processing facility;
(3) the City of Asheboro, North Carolina (including
individuals and entities with projects within the city),
eligible for loans and grants funded through the Rural Community
Facilities Program account;
(4) the City of Healdsburg, California; the City of
Imperial, California; the City of Havelock, North Carolina; and
the City of Newton, North Carolina (including individuals and
entities with projects within the cities), eligible for loans
and grants funded through the Rural Water and Waste Disposal
Program account; and
[[Page 123 STAT. 558]]
(5) the City of Aptos, California (including individuals and
entities with projects within the city), eligible for loans and
grants funded under the housing programs of the Rural Housing
Service.
Sec. 731. There is hereby appropriated $2,347,000 for section 4404
of Public Law 107-171.
Sec. 732. Notwithstanding any other provision of law, there is
hereby appropriated:
(1) $1,877,000 of which $1,408,000 shall be for a grant to
the Wisconsin Department of Agriculture, Trade, and Consumer
Protection, and $469,000 shall be for a grant to the Vermont
Agency of Agriculture, Foods, and Markets, as authorized by
section 6402 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 1621 note);
(2) $338,000 for a grant to the Wisconsin Department of
Agriculture, Trade and Consumer Protection; and
(3) $94,000 for a grant to the Graham Avenue Business
Improvement District in the State of New York.
Sec. 733. Section 382K(c) of the Consolidated Farm and Rural
Development Act <<NOTE: 7 USC 2009aa-10. State listing.>> (7 U.S.C.
2009aa-10(c)) is repealed.
Sec. 734. Notwithstanding any other provision of law, the Natural
Resources Conservation Service shall provide financial and technical
assistance--
(1) through the Watershed and Flood Prevention Operations
program for the Pocasset River Floodplain Management Project in
the State of Rhode Island;
(2) through the Watershed and Flood Prevention Operations
program to carry out the East Locust Creek Watershed Plan
Revision in Missouri, including up to 100 percent of the
engineering assistance and 75 percent cost share for
construction cost of site RW1;
(3) through the Watershed and Flood Prevention Operations
program to carry out the Little Otter Creek Watershed project in
Missouri. The sponsoring local organization may obtain land
rights by perpetual easements;
(4) through the Watershed and Flood Prevention Operations
program to carry out the Churchill Woods Dam Removal project in
DuPage County, Illinois;
(5) through the Watershed and Flood Prevention Operations
program to carry out the Dunloup Creek Watershed Project in
Fayette and Raleigh Counties, West Virginia;
(6) through the Watershed and Flood Prevention Operations
program to carry out the Alameda Creek Watershed Project in
Alameda County, California;
(7) through the Watershed and Flood Prevention Operations
program to carry out the Colgan Creek Restoration project in
Sonoma County, California;
(8) through the Watershed and Flood Prevention Operations
program to carry out the Hurricane Katrina-Related Watershed
Restoration project in Jackson County, Mississippi;
(9) through the Watershed and Flood Prevention Operations
program to carry out the Lake George Watershed Protection
project in Warren County, New York; and
(10) through the Watershed and Flood Prevention Operations
program to carry out the Pidcock-Mill Creeks Watershed project
in Bucks County, Pennsylvania.
[[Page 123 STAT. 559]]
Sec. 735. Section 17(r)(5) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1766(r)(5)) is amended--
(1) by striking ``eight'' and inserting ``ten'';
(2) by striking ``six'' and inserting ``eight''; and
(3) by inserting ``Vermont, Maryland,'' after the first
instance of ``States shall be''.
Sec. 736. Notwithstanding any other provision of law, for the
purposes of a grant under section 412 of the Agricultural Research,
Extension, and Education Reform Act of 1998, none of the funds in this
or any other Act may be used to prohibit the provision of in-kind
support from non-Federal sources under section 412(e)(3) in the form of
unrecovered indirect costs not otherwise charged against the grant,
consistent with the indirect rate of cost approved for a recipient.
Sec. 737. <<NOTE: Meats and meat products. Argentina.>> None of the
funds made available by this Act may be used to pay the salaries and
expenses of any individual to conduct any activities that would allow
the importation into the United States of any ruminant or swine, or any
fresh (including chilled or frozen) meat or product of any ruminant or
swine, that is born, raised, or slaughtered in
Argentina: <<NOTE: Reports.>> Provided, That this section shall not
prevent the Secretary from conducting all necessary activities to review
this proposal and issue a report on the findings to the Committees on
Appropriations of the House and Senate: <<NOTE: Time period. Reports.>>
Provided further, That this section shall only have effect until the
Secretary of Agriculture has reviewed the domestic animal health aspects
of the pending proposal to allow the importation of such products into
the United States and has issued a report to the Committees on the
findings of such review.
Sec. 738. Except as otherwise specifically provided by law,
unobligated balances remaining available at the end of the fiscal year
from appropriations made available for salaries and expenses in this Act
for the Farm Service Agency and the Rural Development mission area,
shall remain available through September 30, 2010, for information
technology expenses.
Sec. 739. None of the funds made available in this Act may be used
to pay the salaries or expenses of personnel to--
(1) inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(2) inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901
note; Public Law 104-127); or
(3) implement or enforce section 352.19 of title 9, Code of
Federal Regulations.
This division may be cited as the ``Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropriations Act,
2009''.
[[Page 123 STAT. 560]]
DIVISION B--COMMERCE, <<NOTE: Commerce, Justice, Science, and Related
Agencies Appropriations Act, 2009. Department of Commerce Appropriations
Act, 2009.>> JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT,
2009
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of the
Department of Commerce provided for by law, and for engaging in trade
promotional activities abroad, including expenses of grants and
cooperative agreements for the purpose of promoting exports of United
States firms, without regard to 44 U.S.C. 3702 and 3703; full medical
coverage for dependent members of immediate families of employees
stationed overseas and employees temporarily posted overseas; travel and
transportation of employees of the International Trade Administration
between two points abroad, without regard to 49 U.S.C. 40118; employment
of Americans and aliens by contract for services; rental of space abroad
for periods not exceeding 10 years, and expenses of alteration, repair,
or improvement; purchase or construction of temporary demountable
exhibition structures for use abroad; payment of tort claims, in the
manner authorized in the first paragraph of 28 U.S.C. 2672 when such
claims arise in foreign countries; not to exceed $327,000 for official
representation expenses abroad; purchase of passenger motor vehicles for
official use abroad, not to exceed $45,000 per vehicle; obtaining
insurance on official motor vehicles; and rental of tie lines,
$429,870,000, to remain available until September 30, 2010, of which
$9,439,000 is to be derived from fees to be retained and used by the
International Trade Administration, notwithstanding 31 U.S.C. 3302:
Provided, That not less than $48,592,000 shall be for Manufacturing and
Services; not less than $42,332,000 shall be for Market Access and
Compliance; not less than $66,357,000 shall be for the Import
Administration of which $5,900,000 shall be for the Office of China
Compliance; not less than $237,739,000 shall be for the United States
and Foreign Commercial Service; and not less than $25,411,000 shall be
for Executive Direction and Administration: Provided further,
That <<NOTE: Applicability.>> the provisions of the first sentence of
section 105(f) and all of section 108(c) of the Mutual Educational and
Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall
apply in carrying out these activities without regard to section 5412 of
the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4912); and
that for the purpose of this Act, contributions under the provisions of
the Mutual Educational and Cultural Exchange Act of 1961 shall include
payment for assessments for services provided as part of these
activities: Provided further, That <<NOTE: Exemption.>> the
International Trade Administration shall be exempt from the requirements
of Circular A-25 (or any successor administrative regulation or policy)
issued by the Office of Management and Budget: <<NOTE: Negotiations.>>
Provided further, That negotiations shall be conducted within the World
Trade Organization to recognize the right of members to distribute
monies collected from antidumping and countervailing duties: Provided
further, That negotiations shall be conducted within the World Trade
Organization consistent with the negotiating objectives contained
[[Page 123 STAT. 561]]
in the Trade Act of 2002, Public Law 107-210: Provided further, That
within the amounts appropriated, $4,400,000 shall be used for the
projects, and in the amounts, specified in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed overseas;
employment of Americans and aliens by contract for services abroad;
payment of tort claims, in the manner authorized in the first paragraph
of 28 U.S.C. 2672 when such claims arise in foreign countries; not to
exceed $15,000 for official representation expenses abroad; awards of
compensation to informers under the Export Administration Act of 1979,
and as authorized by 22 U.S.C. 401(b); and purchase of passenger motor
vehicles for official use and motor vehicles for law enforcement use
with special requirement vehicles eligible for purchase without regard
to any price limitation otherwise established by law, $83,676,000, to
remain available until expended, of which $14,767,000 shall be for
inspections and other activities related to national
security: <<NOTE: Applicability.>> Provided, That the provisions of the
first sentence of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
2458(c)) shall apply in carrying out these activities: Provided further,
That payments and contributions collected and accepted for materials or
services provided as part of such activities may be retained for use in
covering the cost of such activities, and for providing information to
the public with respect to the export administration and national
security activities of the Department of Commerce and other export
control programs of the United States and other governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided by the
Public Works and Economic Development Act of 1965, and for trade
adjustment assistance, $240,000,000, to remain available until expended:
Provided, That of the amounts provided, no more than $4,000,000 may be
transferred to ``Economic Development Administration, Salaries and
Expenses'' to conduct management oversight and administration of public
works grants.
salaries and expenses
For necessary expenses of administering the economic development
assistance programs as provided for by law, $32,800,000: Provided, That
these funds may be used to monitor projects approved pursuant to title I
of the Public Works Employment Act of 1976, title II of the Trade Act of
1974, and the Community Emergency Drought Relief Act of 1977.
[[Page 123 STAT. 562]]
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in fostering,
promoting, and developing minority business enterprise, including
expenses of grants, contracts, and other agreements with public or
private organizations, $29,825,000: Provided, That within the amounts
appropriated, $825,000 shall be used for the projects, and in the
amounts, specified in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic and
statistical analysis programs of the Department of Commerce,
$90,621,000, to remain available until September 30, 2010.
Bureau of the Census
salaries and expenses
For expenses necessary for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law, $233,588,000.
periodic censuses and programs
For necessary expenses to collect and publish statistics for
periodic censuses and programs provided for by law, $2,906,262,000, to
remain available until September 30, 2010: <<NOTE: 13 USC 5 note.>>
Provided, That none of the funds provided in this or any other Act for
any fiscal year may be used for the collection of census data on race
identification that does not include ``some other race'' as a category:
Provided further, That from amounts provided herein, funds may be used
for additional promotion, outreach, and marketing activities: Provided
further, That none of the funds made available in this Act shall be used
for the conduct of sweepstakes in the 2010 Decennial Census.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA), $19,218,000,
to remain available until September 30, 2010: Provided, That,
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall
charge Federal agencies for costs incurred in spectrum management,
analysis, operations, and related services, and such fees shall be
retained and used as offsetting collections for costs of such spectrum
services, to remain available until expended: Provided further, That the
Secretary of Commerce is authorized to retain and use as offsetting
collections all funds transferred, or previously transferred, from other
Government agencies for all costs incurred in telecommunications
research, engineering, and
[[Page 123 STAT. 563]]
related activities by the Institute for Telecommunication Sciences of
NTIA, in furtherance of its assigned functions under this paragraph, and
such funds received from other Government agencies shall remain
available until expended.
public telecommunications facilities, planning and construction
For the administration of grants, authorized by section 392 of the
Communications Act of 1934, $20,000,000, to remain available until
expended as authorized by section 391 of the Act: Provided, That not to
exceed $2,000,000 shall be available for program administration as
authorized by section 391 of the Act: Provided further, That,
notwithstanding the provisions of section 391 of the Act, the prior year
unobligated balances may be made available for grants for projects for
which applications have been submitted and approved during any fiscal
year.
United States Patent and Trademark Office
salaries and expenses
For necessary expenses of the United States Patent and Trademark
Office (USPTO) provided for by law, including defense of suits
instituted against the Under Secretary of Commerce for Intellectual
Property and Director of the United States Patent and Trademark Office,
$2,010,100,000, to remain available until expended: Provided, That the
sum herein appropriated from the general fund shall be reduced as
offsetting collections assessed and collected pursuant to 15 U.S.C. 1113
and 35 U.S.C. 41 and 376 are received during fiscal year 2009, so as to
result in a fiscal year 2009 appropriation from the general fund
estimated at $0: Provided further, That during fiscal year 2009, should
the total amount of offsetting fee collections be less than
$2,010,100,000, this amount shall be reduced accordingly: Provided
further, That $750,000 may be transferred to ``Departmental Management,
Salaries and Expenses'' for activities associated with the National
Intellectual Property Law Enforcement Coordination Council: Provided
further, That from amounts provided herein, not to exceed $1,000 shall
be made available in fiscal year 2009 for official reception and
representation expenses: Provided further, That of the amounts provided
to the USPTO within this account, $5,000,000 shall not become available
for obligation until the Director of the USPTO has completed a
comprehensive review of the assumptions behind the patent examiner
expectancy goals and adopted a revised set of expectancy goals for
patent examination: Provided further, That in fiscal year 2009 from the
amounts made available for ``Salaries and Expenses'' for the USPTO, the
amounts necessary to pay: (1) the difference between the percentage of
basic pay contributed by the USPTO and employees under section 8334(a)
of title 5, United States Code, and the normal cost percentage (as
defined by section 8331(17) of that title) of basic pay, of employees
subject to subchapter III of chapter 83 of that title; and (2) the
present value of the otherwise unfunded accruing costs, as determined by
the Office of Personnel Management, of post-retirement life insurance
and post-retirement health benefits coverage for all USPTO employees,
shall be transferred to the Civil
[[Page 123 STAT. 564]]
Service Retirement and Disability Fund, the Employees Life Insurance
Fund, and the Employees Health Benefits Fund, as appropriate, and shall
be available for the authorized purposes of those accounts: Provided
further, That sections 801, 802, and 803 of division B, Public Law 108-
447 shall remain in effect during fiscal year 2009: Provided further,
That the Director may, this year, reduce by regulation fees payable for
documents in patent and trademark matters, in connection with the filing
of documents filed electronically in a form prescribed by the Director:
Provided further, That $2,000,000 shall be transferred to Office of
Inspector General for activities associated with carrying out
investigations and audits related to the USPTO: Provided further, That
from the amounts provided herein, no less than $4,000,000 shall be
available only for the USPTO contribution in a cooperative or joint
agreement or agreements with a non-profit organization or organizations,
successfully audited within the previous year, and with previous
experience in such programs, to conduct policy studies, including
studies relating to activities of United Nations Specialized agencies
and other international organizations, as well as conferences and other
development programs, in support of fair international protection of
intellectual property rights.
National Institute of Standards and Technology
scientific and technical research and services
For necessary expenses of the National Institute of Standards and
Technology, $472,000,000, to remain available until expended, of which
not to exceed $9,000,000 may be transferred to the ``Working Capital
Fund'': Provided, That not to exceed $5,000 shall be for official
reception and representation expenses: Provided further, That within the
amounts appropriated, $3,000,000 shall be used for the projects, and in
the amounts, specified in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated Act).
industrial technology services
For necessary expenses of the Hollings Manufacturing Extension
Partnership of the National Institute of Standards and Technology,
$110,000,000, to remain available until expended. In addition, for
necessary expenses of the Technology Innovation Program of the National
Institute of Standards and Technology, $65,000,000, to remain available
until expended.
construction of research facilities
For construction of new research facilities, including architectural
and engineering design, and for renovation and maintenance of existing
facilities, not otherwise provided for the National Institute of
Standards and Technology, as authorized by 15 U.S.C. 278c-278e,
$172,000,000, to remain available until expended, of which $30,000,000
is for a competitive construction grant program for research science
buildings: Provided, That within the amounts appropriated, $44,000,000
shall be used for the projects, and in the amounts, specified in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): <<NOTE: Budget estimate. 15 USC
15136 note.>> Provided further, That the Secretary of Commerce shall
include
[[Page 123 STAT. 565]]
in the budget justification materials that the Secretary submits to
Congress in support of the Department of Commerce budget (as submitted
with the budget of the President under section 1105(a) of title 31,
United States Code) an estimate for each National Institute of Standards
and Technology construction project having a total multi-year program
cost of more than $5,000,000 and simultaneously the budget justification
materials shall include an estimate of the budgetary requirements for
each such project for each of the five subsequent fiscal years.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfers of funds)
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including maintenance,
operation, and hire of aircraft and vessels; grants, contracts, or other
payments to nonprofit organizations for the purposes of conducting
activities pursuant to cooperative agreements; and relocation of
facilities, $3,045,549,000, to remain available until September 30,
2010, except for funds provided for cooperative enforcement, which shall
remain available until September 30, 2011: Provided, That fees and
donations received by the National Ocean Service for the management of
national marine sanctuaries may be retained and used for the salaries
and expenses associated with those activities, notwithstanding 31 U.S.C.
3302: Provided further, That in addition, $3,000,000 shall be derived by
transfer from the fund entitled ``Coastal Zone Management'' and in
addition $79,000,000 shall be derived by transfer from the fund entitled
``Promote and Develop Fishery Products and Research Pertaining to
American Fisheries'': Provided further, That of the $3,133,549,000
provided for in direct obligations under this heading $3,045,549,000 is
appropriated from the general fund, $82,000,000 is provided by transfer,
and $6,000,000 is derived from recoveries of prior year obligations:
Provided further, That the total amount available for the National
Oceanic and Atmospheric Administration corporate services administrative
support costs shall not exceed $226,809,000: Provided further, That
payments of funds made available under this heading to the Department of
Commerce Working Capital Fund including Department of Commerce General
Counsel legal services shall not exceed $36,583,000: Provided further,
That within the amounts appropriated, $129,970,000 shall be used for the
projects, and in the amounts, specified in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided further, That any deviation from the amounts
designated for specific activities in the report accompanying this Act,
or any use of deobligated balances of funds provided under this heading
in previous years, shall be subject to the procedures set forth in
section 505 of this Act: <<NOTE: Grants.>> Provided further, That in
allocating grants under sections 306 and 306A of the Coastal Zone
Management Act of 1972, as amended, no coastal State shall receive more
than 5 percent or less than 1 percent of increased funds appropriated
over the previous fiscal year: <<NOTE: Authorized positions.>> Provided
further, That the number of authorized officers in the NOAA Commissioned
Officer Corps shall remain at 321 until such time as section 6 of Public
Law 110-386 takes effect.
[[Page 123 STAT. 566]]
In addition, for necessary retired pay expenses under the Retired
Serviceman's Family Protection and Survivor Benefits Plan, and for
payments for the medical care of retired personnel and their dependents
under the Dependents Medical Care Act (10 U.S.C. 55), such sums as may
be necessary.
procurement, acquisition and construction
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic and
Atmospheric Administration, $1,243,647,000, to remain available until
September 30, 2011, except funds provided for construction of facilities
which shall remain available until expended: Provided, That of the
$1,245,647,000 provided for in direct obligations under this heading
$1,243,647,000 is appropriated from the general fund and $2,000,000 is
provided from recoveries of prior year obligations: Provided further,
That of the amounts provided for the National Polar-orbiting Operational
Environmental Satellite System, funds shall only be made available on a
dollar-for-dollar matching basis with funds provided for the same
purpose by the Department of Defense: Provided further, That except to
the extent expressly prohibited by any other law, the Department of
Defense may delegate procurement functions related to the National
Polar-orbiting Operational Environmental Satellite System to officials
of the Department of Commerce pursuant to section 2311 of title 10,
United States Code: Provided further, That any deviation from the
amounts designated for specific activities in the report accompanying
this Act, or any use of deobligated balances of funds provided under
this heading in previous years, shall be subject to the procedures set
forth in section 505 of this Act: Provided further, That within the
amounts appropriated, $29,610,000 shall be used for the projects, and in
the amounts, specified in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated Act).
pacific coastal salmon recovery
For necessary expenses associated with the restoration of Pacific
salmon populations, $80,000,000, to remain available until September 30,
2010: Provided, That of the funds provided herein the Secretary of
Commerce may issue grants to the States of Washington, Oregon, Idaho,
Nevada, California, and Alaska, and Federally-recognized tribes of the
Columbia River and Pacific Coast for projects necessary for restoration
of salmon and steelhead populations that are listed as threatened or
endangered, or identified by a State as at-risk to be so-listed, for
maintaining populations necessary for exercise of tribal treaty fishing
rights or native subsistence fishing, or for conservation of Pacific
coastal salmon and steelhead habitat, based on guidelines to be
developed by the Secretary of Commerce: Provided further, That funds
disbursed to States shall be subject to a matching requirement of funds
or documented in-kind contributions of at least 33 percent of the
Federal funds.
[[Page 123 STAT. 567]]
coastal zone management fund
(including transfer of funds)
Of amounts collected pursuant to section 308 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1456a), not to exceed $3,000,000 shall
be transferred to the ``Operations, Research, and Facilities'' account
to offset the costs of implementing such Act.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2009, obligations of direct loans may not exceed
$8,000,000 for Individual Fishing Quota loans and not to exceed
$59,000,000 for traditional direct loans as authorized by the Merchant
Marine Act of 1936: Provided, That none of the funds made available
under this heading may be used for direct loans for any new fishing
vessel that will increase the harvesting capacity in any United States
fishery.
Departmental Management
salaries and expenses
For expenses necessary for the departmental management of the
Department of Commerce provided for by law, including not to exceed
$5,000 for official entertainment, $53,000,000: Provided,
That <<NOTE: Deadline. Reports.>> the Secretary, within 120 days of
enactment of this Act, shall provide a report to the Committees on
Appropriations that audits and evaluates all decision documents and
expenditures by the Bureau of the Census as they relate to the 2010
Census: Provided further, That <<NOTE: Certification.>> of the amounts
provided to the Secretary within this account, $5,000,000 shall not
become available for obligation until the Secretary certifies to the
Committees on Appropriations that the Bureau of the Census has followed
and met all standards and best practices, and all Office of Management
and Budget guidelines related to information technology projects and
contract management.
herbert c. hoover building renovation and modernization
For expenses necessary, including blast windows, for the renovation
and modernization of the Herbert C. Hoover Building, $5,000,000, to
remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $25,800,000.
General Provisions--Department of Commerce
(including transfer of funds)
Sec. 101. During the current fiscal year, applicable appropriations
and funds made available to the Department of Commerce by this Act shall
be available for the activities specified in the Act of October 26, 1949
(15 U.S.C. 1514), to the extent and in the manner prescribed by the Act,
and, notwithstanding 31 U.S.C.
[[Page 123 STAT. 568]]
3324, may be used for advanced payments not otherwise authorized only
upon the certification of officials designated by the Secretary of
Commerce that such payments are in the public interest.
Sec. 102. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries and
expenses shall be available for hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law
(5 U.S.C. 5901-5902).
Sec. 103. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce in
this Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this section shall be
treated as a reprogramming of funds under section 505 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section: Provided
further, That <<NOTE: Notification. Deadline.>> the Secretary of
Commerce shall notify the Committees on Appropriations at least 15 days
in advance of the acquisition or disposal of any capital asset
(including land, structures, and equipment) not specifically provided
for in this Act or any other law appropriating funds for the Department
of Commerce: Provided further, That for the National Oceanic and
Atmospheric Administration this section shall provide for transfers
among appropriations made only to the National Oceanic and Atmospheric
Administration and such appropriations may not be transferred and
reprogrammed to other Department of Commerce bureaus and appropriation
accounts.
Sec. 104. Any costs incurred by a department or agency funded under
this title resulting from personnel actions taken in response to funding
reductions included in this title or from actions taken for the care and
protection of loan collateral or grant property shall be absorbed within
the total budgetary resources available to such department or agency:
Provided, That the authority to transfer funds between appropriations
accounts as may be necessary to carry out this section is provided in
addition to authorities included elsewhere in this Act: Provided
further, That use of funds to carry out this section shall be treated as
a reprogramming of funds under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 105. Hereafter, notwithstanding any other provision of law, no
funds appropriated under this Act or any other Act shall be used to
register, issue, transfer, or enforce any trademark of the phrase ``Last
Best Place''.
Sec. 106. <<NOTE: Regulations. Diving. 33 USC 878b.>> Hereafter,
the Secretary of Commerce is permitted to prescribe and enforce
standards or regulations affecting safety and health in the context of
scientific and occupational diving within the National Oceanic and
Atmospheric Administration.
Sec. 107. <<NOTE: Incorporation by reference. 33 USC 878a note.>>
The requirements set forth by section 112 of division B of Public Law
110-161 are hereby adopted by reference.
Sec. 108. Notwithstanding any other law, the Secretary may furnish
services (including but not limited to utilities, telecommunications,
and security services) necessary to support the operation, maintenance,
and improvement of space that persons, firms or organizations are
authorized pursuant to the Public Buildings Cooperative Use Act of 1976
or other authority to use or occupy
[[Page 123 STAT. 569]]
in the Herbert C. Hoover Building, Washington, D.C., or other buildings,
the maintenance, operation, and protection of which has been delegated
to the Secretary from the Administrator of General Services pursuant to
the Federal Property and Administrative Services Act of 1949, as
amended, on a reimbursable or non-reimbursable basis. Amounts received
as reimbursement for services provided under this section or the
authority under which the use or occupancy of the space is authorized,
up to $200,000, shall be credited to the appropriation or fund which
initially bears the costs of such services.
Sec. 109. The amounts made available under section 213 of Public Law
108-199 for a New England lobster fishing capacity reduction program
shall be available for transfer by the National Oceanic and Atmospheric
Administration from the Fisheries Finance Program Account to the
Operations, Research, and Facilities appropriation, to remain available
until expended, for the Southern New England Cooperative Research
Initiative for cooperative research, marine debris removal, and gear
modification for conservation in Rhode Island.
Sec. 110. Section (d)(2)(A) of title 16 U.S.C. 3645 is amended by
inserting ``Nevada,'' after ``Idaho,''.
Sec. 111. <<NOTE: President.>> With the consent of the President,
the Secretary of Commerce shall represent the United States Government
in negotiating and monitoring international agreements regarding
fisheries, marine mammals, or sea turtles: Provided, That the Secretary
of Commerce shall be responsible for the development and
interdepartmental coordination of the policies of the United States with
respect to the international negotiations and agreements referred to in
this section.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2009''.
TITLE II <<NOTE: Department of Justice Appropriations Act, 2009.>>
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the Department of
Justice, $105,805,000, of which not to exceed $4,000,000 for security
and construction of Department of Justice facilities shall remain
available until expended: Provided, That the Attorney General is
authorized to transfer funds appropriated within General Administration
to any office in this account: Provided further, That $13,213,000 is for
Department Leadership; $7,834,000 is for Intergovernmental Relations/
External Affairs; $12,254,000 is for Executive Support/Professional
Responsibility; and $72,504,000 is for the Justice Management Division:
Provided further, That any change in amounts specified in the preceding
proviso greater than 5 percent shall be submitted for approval to the
House and Senate Committees on Appropriations consistent with the terms
of section 505 of this Act: Provided further, That this transfer
authority is in addition to transfers authorized under section 505 of
this Act.
[[Page 123 STAT. 570]]
justice information sharing technology
For necessary expenses for information sharing technology, including
planning, development, deployment and departmental direction,
$80,000,000, to remain available until expended, of which $7,132,000 is
for the unified financial management system.
tactical law enforcement wireless communications
For the costs of developing and implementing a nation-wide
Integrated Wireless Network supporting Federal law enforcement, and for
the costs of operations and maintenance of existing Land Mobile Radio
legacy systems, $185,000,000, to remain available until expended:
Provided, That the Attorney General shall transfer to this account all
funds made available to the Department of Justice for the purchase of
portable and mobile radios: Provided further, That any transfer made
under the preceding proviso shall be subject to section 505 of this Act.
Administrative Review and Appeals
For expenses necessary for the administration of pardon and clemency
petitions and immigration-related activities, $270,000,000, of which
$4,000,000 shall be derived by transfer from the Executive Office for
Immigration Review fees deposited in the ``Immigration Examinations
Fee'' account.
detention trustee
For necessary expenses of the Federal Detention Trustee,
$1,295,319,000, to remain available until expended: Provided, That the
Trustee shall be responsible for managing the Justice Prisoner and Alien
Transportation System: Provided further, That not to exceed $5,000,000
shall be considered ``funds appropriated for State and local law
enforcement assistance'' pursuant to 18 U.S.C. 4013(b).
Office of Inspector General
For necessary expenses of the Office of Inspector General,
$75,681,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as
authorized, $12,570,000.
Legal Activities
salaries and expenses, general legal activities
(including transfer of funds)
For expenses necessary for the legal activities of the Department of
Justice, not otherwise provided for, including not to exceed $20,000 for
expenses of collecting evidence, to be expended under the direction of,
and to be accounted for solely under the certificate
[[Page 123 STAT. 571]]
of, the Attorney General; and rent of private or Government-owned space
in the District of Columbia, $804,007,000, of which not to exceed
$10,000,000 for litigation support contracts shall remain available
until expended: Provided, That of the total amount appropriated, not to
exceed $10,000 shall be available to the United States National Central
Bureau, INTERPOL, for official reception and representation expenses:
Provided further, That notwithstanding section 205 of this Act, upon a
determination by the Attorney General that emergent circumstances
require additional funding for litigation activities of the Civil
Division, the Attorney General may transfer such amounts to ``Salaries
and Expenses, General Legal Activities'' from available appropriations
for the current fiscal year for the Department of Justice, as may be
necessary to respond to such circumstances: Provided further, That any
transfer pursuant to the previous proviso shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section: Provided further, That of the amount
appropriated, such sums as may be necessary shall be available to
reimburse the Office of Personnel Management for salaries and expenses
associated with the Federal observer program under section 8 of the
Voting Rights Act of 1965 (42 U.S.C. 1973f): Provided further, That of
the amounts provided under this heading for the Federal observer program
$3,390,000 shall remain available until expended, of which $1,090,000,
previously transferred to the Department of Justice by the Office of
Personnel Management under section 126 of division A of Public Law 110-
329, shall be transferred back to the Office of Personnel Management by
the Department of Justice.
In addition, for reimbursement of expenses of the Department of
Justice associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, not to exceed $7,833,000, to be appropriated
from the Vaccine Injury Compensation Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and kindred
laws, $157,788,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, fees collected for premerger
notification filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection (and
estimated to be $157,788,000 in fiscal year 2009), shall be retained and
used for necessary expenses in this appropriation, and shall remain
available until expended: Provided further, That the sum herein
appropriated from the general fund shall be reduced as such offsetting
collections are received during fiscal year 2009, so as to result in a
final fiscal year 2009 appropriation from the general fund estimated at
$0.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements,
$1,836,336,000: Provided, That of the total amount appropriated, not to
exceed $8,000 shall be available for official reception and
representation expenses: Provided further, That not to exceed
[[Page 123 STAT. 572]]
$25,000,000 shall remain available until expended: Provided further,
That of the amount provided under this heading, not less than
$33,600,000 shall be used for salaries and expenses for assistant U.S.
Attorneys to carry out section 704 of the Adam Walsh Child Protection
and Safety Act of 2006 (Public Law 109-248) concerning the prosecution
of offenses relating to the sexual exploitation of children.
united states trustee system fund
For necessary expenses of the United States Trustee Program, as
authorized, $217,416,000, to remain available until expended and to be
derived from the United States Trustee System Fund: Provided, That
notwithstanding any other provision of law, deposits to the Fund shall
be available in such amounts as may be necessary to pay refunds due
depositors: Provided further, That, notwithstanding any other provision
of law, $160,000,000 of offsetting collections pursuant to 28 U.S.C.
589a(b) shall be retained and used for necessary expenses in this
appropriation and shall remain available until expended: Provided
further, That the sum herein appropriated from the Fund shall be reduced
as such offsetting collections are received during fiscal year 2009, so
as to result in a final fiscal year 2009 appropriation from the Fund
estimated at $52,416,000.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized by
section 3109 of title 5, United States Code, $1,823,000.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of contracts for
the procurement and supervision of expert witnesses, for private counsel
expenses, including advances, and for expenses of foreign counsel,
$168,300,000, to remain available until expended: Provided, That not to
exceed $10,000,000 may be made available for construction of buildings
for protected witness safesites: Provided further, That not to exceed
$3,000,000 may be made available for the purchase and maintenance of
armored and other vehicles for witness security caravans: Provided
further, That not to exceed $9,000,000 may be made available for the
purchase, installation, maintenance, and upgrade of secure
telecommunications equipment and a secure automated information network
to store and retrieve the identities and locations of protected
witnesses.
salaries and expenses, community relations service
For necessary expenses of the Community Relations Service,
$9,873,000: Provided, That notwithstanding section 205 of this Act, upon
a determination by the Attorney General that emergent circumstances
require additional funding for conflict resolution and violence
prevention activities of the Community Relations Service, the Attorney
General may transfer such amounts to the Community Relations Service,
from available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as
[[Page 123 STAT. 573]]
a reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section.
assets forfeiture fund
For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and (G),
$20,990,000, to be derived from the Department of Justice Assets
Forfeiture Fund.
United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals Service,
$950,000,000; of which not to exceed $30,000 shall be available for
official reception and representation expenses; of which not to exceed
$4,000,000 shall remain available until expended for information
technology systems; and of which not less than $12,625,000 shall be
available for the costs of courthouse security equipment, including
furnishings, relocations, and telephone systems and cabling, and shall
remain available until expended.
construction
For construction in space controlled, occupied or utilized by the
United States Marshals Service for prisoner holding and related support,
$4,000,000, to remain available until expended.
National Security Division
salaries and expenses
For expenses necessary to carry out the activities of the National
Security Division, $83,789,000; of which not to exceed $5,000,000 for
information technology systems shall remain available until expended:
Provided, That notwithstanding section 205 of this Act, upon a
determination by the Attorney General that emergent circumstances
require additional funding for the activities of the National Security
Division, the Attorney General may transfer such amounts to this heading
from available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification, investigation, and
prosecution of individuals associated with the most significant drug
trafficking and affiliated money laundering organizations not otherwise
provided for, to include inter-governmental agreements with State and
local law enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug trafficking,
$515,000,000, of which $50,000,000 shall remain
[[Page 123 STAT. 574]]
available until expended: Provided, That any amounts obligated from
appropriations under this heading may be used under authorities
available to the organizations reimbursed from this appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of Investigation for
detection, investigation, and prosecution of crimes against the United
States; $7,065,100,000; of which not to exceed $150,000,000 shall remain
available until expended: Provided, That not to exceed $205,000 shall be
available for official reception and representation expenses.
construction
For necessary expenses to construct or acquire buildings and sites
by purchase, or as otherwise authorized by law (including equipment for
such buildings); conversion and extension of federally-owned buildings;
and preliminary planning and design of projects; $153,491,000, to remain
available until expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement Administration,
including not to exceed $70,000 to meet unforeseen emergencies of a
confidential character pursuant to 28 U.S.C. 530C; and expenses for
conducting drug education and training programs, including travel and
related expenses for participants in such programs and the distribution
of items of token value that promote the goals of such programs,
$1,939,084,000; of which not to exceed $75,000,000 shall remain
available until expended; and of which not to exceed $100,000 shall be
available for official reception and representation expenses.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms
and Explosives, not to exceed $40,000 for official reception and
representation expenses; for training of State and local law enforcement
agencies with or without reimbursement, including training in connection
with the training and acquisition of canines for explosives and fire
accelerants detection; and for provision of laboratory assistance to
State and local law enforcement agencies, with or without reimbursement,
$1,054,215,000, of which not to exceed $1,000,000 shall be available for
the payment of attorneys' fees as provided by section 924(d)(2) of title
18, United States Code; and of which $10,000,000 shall remain available
until expended: Provided, That no funds appropriated herein shall be
available for salaries or administrative expenses in connection with
consolidating or centralizing, within the Department of Justice, the
records, or any portion thereof, of acquisition and disposition of
firearms maintained by Federal firearms licensees: Provided
[[Page 123 STAT. 575]]
further, That no funds appropriated herein shall be used to pay
administrative expenses or the compensation of any officer or employee
of the United States to implement an amendment or amendments to 27 CFR
478.118 or to change the definition of ``Curios or relics'' in 27 CFR
478.11 or remove any item from ATF Publication 5300.11 as it existed on
January 1, 1994: Provided further, That none of the funds appropriated
herein shall be available to investigate or act upon applications for
relief from Federal firearms disabilities under 18 U.S.C. 925(c):
Provided further, That such funds shall be available to investigate and
act upon applications filed by corporations for relief from Federal
firearms disabilities under section 925(c) of title 18, United States
Code: Provided further, That no funds made available by this or any
other Act may be used to transfer the functions, missions, or activities
of the Bureau of Alcohol, Tobacco, Firearms and Explosives to other
agencies or Departments in fiscal year 2009: <<NOTE: Effective
date. Firearms data. 18 USC 923 note.>> Provided further, That,
beginning in fiscal year 2009 and thereafter, no funds appropriated
under this or any other Act may be used to disclose part or all of the
contents of the Firearms Trace System database maintained by the
National Trace Center of the Bureau of Alcohol, Tobacco, Firearms and
Explosives or any information required to be kept by licensees pursuant
to section 923(g) of title 18, United States Code, or required to be
reported pursuant to paragraphs (3) and (7) of such section 923(g),
except to: (1) a Federal, State, local, tribal, or foreign law
enforcement agency, or a Federal, State, or local prosecutor, solely in
connection with and for use in a criminal investigation or prosecution;
or (2) a Federal agency for a national security or intelligence purpose;
and all such data shall be immune from legal process, shall not be
subject to subpoena or other discovery, shall be inadmissible in
evidence, and shall not be used, relied on, or disclosed in any manner,
nor shall testimony or other evidence be permitted based on the data, in
a civil action in any State (including the District of Columbia) or
Federal court or in an administrative proceeding other than a proceeding
commenced by the Bureau of Alcohol, Tobacco, Firearms and Explosives to
enforce the provisions of chapter 44 of such title, or a review of such
an action or proceeding; except that this proviso shall not be construed
to prevent: (A) the disclosure of statistical information concerning
total production, importation, and exportation by each licensed importer
(as defined in section 921(a)(9) of such title) and licensed
manufacturer (as defined in section 921(a)(10) of such title); (B) the
sharing or exchange of such information among and between Federal,
State, local, or foreign law enforcement agencies, Federal, State, or
local prosecutors, and Federal national security, intelligence, or
counterterrorism officials; or (C) the publication of annual statistical
reports on products regulated by the Bureau of Alcohol, Tobacco,
Firearms and Explosives, including total production, importation, and
exportation by each licensed importer (as so defined) and licensed
manufacturer (as so defined), or statistical aggregate data regarding
firearms traffickers and trafficking channels, or firearms misuse,
felons, and trafficking investigations: Provided further, That no funds
made available by this or any other Act shall be expended to promulgate
or implement any rule requiring a physical inventory of any business
licensed under section 923 of title 18, United States Code: Provided
further, That no funds under this Act may be used to electronically
retrieve information gathered pursuant to 18 U.S.C.
[[Page 123 STAT. 576]]
923(g)(4) by name or any personal identification code: Provided further,
That no funds authorized or made available under this or any other Act
may be used to deny any application for a license under section 923 of
title 18, United States Code, or renewal of such a license due to a lack
of business activity, provided that the applicant is otherwise eligible
to receive such a license, and is eligible to report business income or
to claim an income tax deduction for business expenses under the
Internal Revenue Code of 1986.
Federal Prison System
salaries and expenses
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and
correctional institutions, including purchase (not to exceed 810, of
which 766 are for replacement only) and hire of law enforcement and
passenger motor vehicles, and for the provision of technical assistance
and advice on corrections related issues to foreign governments,
$5,595,754,000: <<NOTE: 42 USC 250a.>> Provided, That the Attorney
General may transfer to the Health Resources and Services Administration
such amounts as may be necessary for direct expenditures by that
Administration for medical relief for inmates of Federal penal and
correctional institutions: Provided further, That the Director of the
Federal Prison System, where necessary, may enter into contracts with a
fiscal agent or fiscal intermediary claims processor to determine the
amounts payable to persons who, on behalf of the Federal Prison System,
furnish health services to individuals committed to the custody of the
Federal Prison System: Provided further, That not to exceed $6,000 shall
be available for official reception and representation expenses:
Provided further, That not to exceed $50,000,000 shall remain available
for necessary operations until September 30, 2010: Provided further,
That, of the amounts provided for contract confinement, not to exceed
$20,000,000 shall remain available until expended to make payments in
advance for grants, contracts and reimbursable agreements, and other
expenses authorized by section 501(c) of the Refugee Education
Assistance Act of 1980 (8 U.S.C. 1522 note), for the care and security
in the United States of Cuban and Haitian entrants: Provided further,
That the Director of the Federal Prison System may accept donated
property and services relating to the operation of the prison card
program from a not-for-profit entity which has operated such program in
the past notwithstanding the fact that such not-for-profit entity
furnishes services under contracts to the Federal Prison System relating
to the operation of pre-release services, halfway houses, or other
custodial facilities.
buildings and facilities
For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use, including
all necessary expenses incident thereto, by contract or force account;
and constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account,
$575,807,000, to remain available until expended,
[[Page 123 STAT. 577]]
of which not less than $110,627,000 shall be available only for
modernization, maintenance and repair, and of which not to exceed
$14,000,000 shall be available to construct areas for inmate work
programs: Provided, That labor of United States prisoners may be used
for work performed under this appropriation.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby authorized to
make such expenditures, within the limits of funds and borrowing
authority available, and in accord with the law, and to make such
contracts and commitments, without regard to fiscal year limitations as
provided by section 9104 of title 31, United States Code, as may be
necessary in carrying out the program set forth in the budget for the
current fiscal year for such corporation, including purchase (not to
exceed five for replacement only) and hire of passenger motor vehicles.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,328,000 of the funds of the Federal Prison
Industries, Incorporated shall be available for its administrative
expenses, and for services as authorized by section 3109 of title 5,
United States Code, to be computed on an accrual basis to be determined
in accordance with the corporation's current prescribed accounting
system, and such amounts shall be exclusive of depreciation, payment of
claims, and expenditures which such accounting system requires to be
capitalized or charged to cost of commodities acquired or produced,
including selling and shipping expenses, and expenses in connection with
acquisition, construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property belonging to
the corporation or in which it has an interest.
State and Local Law Enforcement Activities
Office on Violence Against Women
violence against women prevention and prosecution programs
For grants, contracts, cooperative agreements, and other assistance
for the prevention and prosecution of violence against women, as
authorized by the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.) (``the 1968 Act''); the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994 Act''); the
Victims of Child Abuse Act of 1990 (Public Law 101-647) (``the 1990
Act''); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-21); the
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601
et seq.) (``the 1974 Act''); the Victims of Trafficking and Violence
Protection Act of 2000 (Public Law 106-386) (``the 2000 Act''); and the
Violence Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162) (``the 2005 Act''); and for related victims
services, $415,000,000, to remain available until expended: Provided,
That except as otherwise provided by law, not to exceed 3 percent of
funds made available under this heading may be
[[Page 123 STAT. 578]]
used for expenses related to evaluation, training, and technical
assistance: Provided further, That of the amount provided (which shall
be by transfer, for programs administered by the Office of Justice
Programs)--
(1) $15,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(2) $2,500,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by section
222 of the 1990 Act;
(3) $190,000,000 for grants to combat violence against
women, as authorized by part T of the 1968 Act, of which--
(A) $18,000,000 shall be for transitional housing
assistance grants for victims of domestic violence,
stalking or sexual assault as authorized by section
40299 of the 1994 Act; and
(B) $1,880,000 shall be for the National Institute
of Justice for research and evaluation of violence
against women and related issues addressed by grant
programs of the Office on Violence Against Women;
(4) $60,000,000 for grants to encourage arrest policies as
authorized by part U of the 1968 Act;
(5) $12,000,000 for sexual assault victims assistance, as
authorized by section 41601 of the 1994 Act;
(6) $41,000,000 for rural domestic violence and child abuse
enforcement assistance grants, as authorized by section 40295 of
the 1994 Act;
(7) $3,500,000 for training programs as authorized by
section 40152 of the 1994 Act, and for related local
demonstration projects;
(8) $3,000,000 for grants to improve the stalking and
domestic violence databases, as authorized by section 40602 of
the 1994 Act;
(9) $9,500,000 for grants to reduce violent crimes against
women on campus, as authorized by section 304 of the 2005 Act;
(10) $37,000,000 for legal assistance for victims, as
authorized by section 1201 of the 2000 Act;
(11) $4,250,000 for enhanced training and services to end
violence against and abuse of women in later life, as authorized
by section 40802 of the 1994 Act;
(12) $14,000,000 for the safe havens for children program,
as authorized by section 1301 of the 2000 Act;
(13) $6,750,000 for education and training to end violence
against and abuse of women with disabilities, as authorized by
section 1402 of the 2000 Act;
(14) $3,000,000 for an engaging men and youth in prevention
program, as authorized by section 41305 of the 1994 Act;
(15) $1,000,000 for analysis and research on violence
against Indian women, as authorized by section 904 of the 2005
Act;
(16) $1,000,000 for tracking of violence against Indian
women, as authorized by section 905 of the 2005 Act;
(17) $3,500,000 for services to advocate and respond to
youth, as authorized by section 41201 of the 1994 Act;
(18) $3,000,000 for grants to assist children and youth
exposed to violence, as authorized by section 41303 of the 1994
Act;
[[Page 123 STAT. 579]]
(19) $3,000,000 for the court training and improvements
program, as authorized by section 41002 of the 1994 Act;
(20) $1,000,000 for the National Resource Center on
Workplace Responses to assist victims of domestic violence, as
authorized by section 41501 of the 1994 Act; and
(21) $1,000,000 for grants for televised testimony, as
authorized by part N of title I of the 1968 Act.
Office of Justice Programs
justice assistance
For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act
of 1968; the Missing Children's Assistance Act (42 U.S.C. 5771 et seq.);
the Prosecutorial Remedies and Other Tools to end the Exploitation of
Children Today Act of 2003 (Public Law 108-21); the Justice for All Act
of 2004 (Public Law 108-405); the Violence Against Women and Department
of Justice Reauthorization Act of 2005 (Public Law 109-162); the Victims
of Child Abuse Act of 1990 (Public Law 101-647); the Victims of Crime
Act of 1984 (Public Law 98-473); the Adam Walsh Child Protection and
Safety Act of 2006 (Public Law 109-248); the PROTECT Our Children Act of
2008 (Public Law 110-401); subtitle D of title II of the Homeland
Security Act of 2002 (Public Law 107-296), which may include research
and development; and other programs (including the Statewide Automated
Victim Notification Program); $220,000,000, to remain available until
expended, of which:
(1) $45,000,000 is for criminal justice statistics programs,
pursuant to part C of the 1968 Act, of which $26,000,000 is for
the National Crime Victimization Survey; and
(2) $48,000,000 is for research, development, and evaluation
programs:
Provided, That section 1404(c)(3)(E)(i) of the Victims of Crime Act of
1984, as amended (42 U.S.C. 10603) is amended after ``internships'' by
inserting ``and for grants under subparagraphs (1)(A) and (B), pursuant
to rules or guidelines that generally establish a publicly-announced,
competitive process''.
state and local law enforcement assistance
For grants, contracts, cooperative agreements, and other assistance
authorized by the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and
Safe Streets Act of 1968 (``the 1968 Act''); the Justice for All Act of
2004 (Public Law 108-405); the Victims of Child Abuse Act of 1990
(Public Law 101-647) (``the 1990 Act''); the Trafficking Victims
Protection Reauthorization Act of 2005 (Public Law 109-164); the
Violence Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162); the Adam Walsh Child Protection and Safety
Act of 2006 (Public Law 109-248); and the Victims of Trafficking and
Violence Protection Act of 2000 (Public Law 106-386); and other
programs; $1,328,500,000, to remain available until expended as follows:
(1) $546,000,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part E of
title I of the 1968 Act, (except that section 1001(c), and
[[Page 123 STAT. 580]]
the special rules for Puerto Rico under section 505(g), of the
1968 Act, shall not apply for purposes of this Act), of which
$5,000,000 is for use by the National Institute of Justice in
assisting units of local government to identify, select,
develop, modernize, and purchase new technologies for use by law
enforcement, $2,000,000 is for a program to improve State and
local law enforcement intelligence capabilities including
antiterrorism training and training to ensure that
constitutional rights, civil liberties, civil rights, and
privacy interests are protected throughout the intelligence
process, $7,000,000 is to reimburse State and local law
enforcement for security and related costs, including overtime,
associated with the extraordinary security required to protect
the President-elect during the Presidential transition period;
and $20,000,000 is to reimburse State and local governments for
extraordinary costs associated with the 2009 Presidential
Inauguration;
(2) $400,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(i)(5) of the Immigration
and Nationality Act (8 U.S.C. 1231(i)(5));
(3) $31,000,000 for the Southwest Border Prosecutor
Initiative to reimburse State, county, parish, tribal, or
municipal governments for costs associated with the prosecution
of criminal cases declined by local offices of the United States
Attorneys;
(4) $3,000,000 for the Northern Border Prosecutor Initiative
to reimburse State, county, parish, tribal or municipal
governments for the costs associated with the prosecution of
criminal cases declined by local offices of United States
Attorneys;
(5) $178,500,000 for discretionary grants to improve the
functioning of the criminal justice system, to prevent or combat
juvenile delinquency, and to assist victims of crime (other than
compensation): Provided, That within the amounts appropriated,
$178,500,000 shall be used for the projects, and in the amounts
specified in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act);
(6) $30,000,000 for competitive grants to improve the
functioning of the criminal justice system, to prevent or combat
juvenile delinquency, and to assist victims of crime (other than
compensation);
(7) $2,000,000 for the purposes described in the Missing
Alzheimer's Disease Patient Alert Program (section 240001 of the
1994 Act);
(8) $10,000,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of Public Law
106-386 and for programs authorized under Public Law 109-164;
(9) $40,000,000 for Drug Courts, as authorized by section
1001(25)(A) of title I of the 1968 Act;
(10) $7,000,000 for a prescription drug monitoring program;
(11) $12,500,000 for prison rape prevention and prosecution
and other programs, as authorized by the Prison Rape Elimination
Act of 2003 (Public Law 108-79);
(12) $10,000,000 for grants for Residential Substance Abuse
Treatment for State Prisoners, as authorized by part S of title
I of the 1968 Act;
[[Page 123 STAT. 581]]
(13) $5,500,000 for the Capital Litigation Improvement Grant
Program, as authorized by section 426 of Public Law 108-405, and
for grants for wrongful prosecution review;
(14) $10,000,000 for mental health courts and adult and
juvenile collaboration program grants, as authorized by parts V
and HH of title I of the 1968 Act, and the Mentally Ill Offender
Treatment and Crime Reduction Reauthorization and Improvement
Act of 2008 (Public Law 110-416);
(15) $25,000,000 for assistance to Indian tribes, of which--
(A) $10,000,000 shall be available for grants under
section 20109 of subtitle A of title II of the 1994 Act;
(B) $9,000,000 shall be available for the Tribal
Courts Initiative; and
(C) $6,000,000 shall be available for tribal alcohol
and substance abuse reduction assistance grants; and
(16) $18,000,000 for economic, high technology and Internet
crime prevention grants:
Provided, That, if a unit of local government uses any of the funds made
available under this heading to increase the number of law enforcement
officers, the unit of local government will achieve a net gain in the
number of law enforcement officers who perform nonadministrative public
safety service.
weed and seed program fund
For necessary expenses, including salaries and related expenses of
the Office of Weed and Seed Strategies, $25,000,000, to remain available
until expended, as authorized by section 103 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968.
juvenile justice programs
For grants, contracts, cooperative agreements, and other assistance
authorized by the Juvenile Justice and Delinquency Prevention Act of
1974 (``the 1974 Act''), the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''), the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Public Law 109-162), the Missing
Children's Assistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial
Remedies and Other Tools to end the Exploitation of Children Today Act
of 2003 (Public Law 108-21); the Victims of Child Abuse Act of 1990
(Public Law 101-647); the Adam Walsh Child Protection and Safety Act of
2006 (Public Law 109-248); the PROTECT Our Children Act of 2008 (Public
Law 110-401), and other juvenile justice programs, $374,000,000, to
remain available until expended as follows:
(1) $75,000,000 for programs authorized by section 221 of
the 1974 Act, and for training and technical assistance to
assist small, non-profit organizations with the Federal grants
process;
(2) $82,000,000 for grants and projects, as authorized by
sections 261 and 262 of the 1974 Act: Provided, That within the
amounts appropriated, $82,000,000 shall be used for the
projects, and in the amounts, specified in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act);
(3) $80,000,000 for youth mentoring grants;
[[Page 123 STAT. 582]]
(4) $62,000,000 for delinquency prevention, as authorized by
section 505 of the 1974 Act, of which, pursuant to sections 261
and 262 thereof--
(A) $25,000,000 shall be for the Tribal Youth
Program;
(B) $10,000,000 shall be for a gang resistance
education and training program; and
(C) $25,000,000 shall be for grants of $360,000 to
each State and $4,840,000 shall be available for
discretionary grants, for programs and activities to
enforce State laws prohibiting the sale of alcoholic
beverages to minors or the purchase or consumption of
alcoholic beverages by minors, for prevention and
reduction of consumption of alcoholic beverages by
minors, and for technical assistance and training;
(5) $20,000,000 for programs authorized by the Victims of
Child Abuse Act of 1990; and
(6) $55,000,000 for the Juvenile Accountability Block Grants
program as authorized by part R of title I of the 1968 Act and
Guam shall be considered a State:
Provided, That not more than 10 percent of each amount may be used for
research, evaluation, and statistics activities designed to benefit the
programs or activities authorized: Provided further, That not more than
2 percent of each amount may be used for training and technical
assistance: Provided further, That the previous two provisos shall not
apply to grants and projects authorized by sections 261 and 262 of the
1974 Act.
public safety officer benefits
For payments and expenses authorized by part L of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796),
such sums as are necessary, as authorized by section 6093 of Public Law
100-690 (102 Stat. 4339-4340) (including amounts for administrative
costs, which amounts shall be paid to the ``Salaries and Expenses''
account), to remain available until expended; and $5,000,000 for
payments authorized by section 1201(b) of such Act; and $4,100,000 for
educational assistance, as authorized by section 1212 of such Act.
community oriented policing services
For activities authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322); the Omnibus Crime Control
and Safe Streets Act of 1968 (``the 1968 Act''); the Violence Against
Women and Department of Justice Reauthorization Act of 2005 (Public Law
109-162); subtitle D of title II of the Homeland Security Act of 2002
(Public Law 107-296), which may include research and development; and
the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law
109-177); the Second Chance Act of 2007 (Public Law 110-199); the NICS
Improvement Amendments Act of 2007 (Public Law 110-180); the Adam Walsh
Child Protection and Safety Act of 2006 (Public Law 109-248) (the ``Adam
Walsh Act''); and the Justice for All Act of 2004 (Public Law 108-405),
$550,500,000, to remain available until expended: Provided, That any
balances made available through prior year deobligations shall only be
available in accordance with section 505 of this Act. Of the amount
provided
[[Page 123 STAT. 583]]
(which shall be by transfer, for programs administered by the Office of
Justice Programs)--
(1) $25,000,000 is for the matching grant program for armor
vests for law enforcement officers, as authorized by section
2501 of title I of the 1968 Act: Provided, That $1,500,000 is
transferred directly to the National Institute of Standards and
Technology's Office of Law Enforcement Standards from the
Community Oriented Policing Services Office for research,
testing, and evaluation programs: Provided further, That section
2501(f) of part Y of title I of the 1968 Act (42 U.S.C.
3796ll(f)), is amended by inserting at the end the following:
``(3) Waiver.--The Director may waive in whole or in part,
the match requirement of paragraph (1) in the case of fiscal
hardship, as determined by the Director.'';
(2) $39,500,000 is for grants to entities described in
section 1701 of title I of the 1968 Act, to address public
safety and methamphetamine manufacturing, sale, and use in hot
spots as authorized by section 754 of Public Law 109-177, and
for other anti-methamphetamine-related activities: Provided,
That within the amounts appropriated, $34,500,000 shall be used
for the projects, and in the amounts, specified in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act);
(3) $187,000,000 is for a law enforcement technologies and
interoperable communications program, and related law
enforcement and public safety equipment: Provided, That within
the amounts appropriated, $185,500,000 shall be used for the
projects, and in the amounts, specified in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act);
(4) $25,000,000 is for offender re-entry programs, as
authorized under section 101 and 211 of the Second Chance Act of
2007 (Public Law 110-199), of which $15,000,000 is for grants
for adult and juvenile offender state and local reentry
demonstration projects, and $10,000,000 is for grants for
mentoring and transitional services;
(5) $10,000,000 is for grants to assist States and tribal
governments as authorized by the NICS Improvements Amendments
Act of 2007 (Public Law 110-180);
(6) $10,000,000 is for grants to upgrade criminal records,
as authorized under the Crime Identification Technology Act of
1998 (42 U.S.C. 14601);
(7) $156,000,000 is for DNA related and forensic programs
and activities as follows:
(A) $151,000,000 for a DNA analysis and capacity
enhancement program and for other local, state, and
Federal forensic activities including the purposes of
section 2 of the DNA Analysis Backlog Elimination Act of
2000 (the Debbie Smith DNA Backlog Grant Program); and
(B) $5,000,000 for the purposes described in the
Kirk Bloodsworth Post-Conviction DNA Testing Program
(Public Law 108-405, section 412);
(8) $20,000,000 is for improving tribal law enforcement,
including equipment and training;
(9) $15,000,000 is for programs to reduce gun crime and gang
violence;
(10) $4,000,000 is for training and technical assistance;
[[Page 123 STAT. 584]]
(11) $18,000,000 is for a national grant program the purpose
of which is to assist State and local law enforcement to locate,
arrest and prosecute child sexual predators and exploiters, and
to enforce sex offender registration laws described in section
1701(b) of the 1968 Act, of which:
(A) $5,000,000 is for sex offender management
assistance as authorized by the Adam Walsh Act and the
Violent Crime Control Act of 1994 (Public Law 103-322);
and
(B) $1,000,000 is for the National Sex Offender
Public Registry;
(12) $16,000,000 is for expenses authorized by part AA of
the 1968 Act (Secure our Schools); and
(13) $25,000,000 is for Paul Coverdell Forensic Science
Improvement Grants under part BB of title I of the 1968 Act.
salaries and expenses
For necessary expenses, not elsewhere specified in this title, for
management and administration of programs within the Office on Violence
Against Women, the Office of Justice Programs and the Community Oriented
Policing Services Office, $174,000,000, of which not to exceed
$14,000,000 shall be available for the Office on Violence Against Women;
not to exceed $130,000,000 shall be available for the Office of Justice
Programs; not to exceed $30,000,000 shall be available for the Community
Oriented Policing Services Office: Provided, That, notwithstanding
section 109 of title I of Public Law 90-351, an additional amount, not
to exceed $21,000,000 shall be available for authorized activities of
the Office of Audit, Assessment, and Management: Provided further, That
the total amount available for management and administration of such
programs shall not exceed $195,000,000.
General Provisions--Department of Justice
Sec. 201. In addition to amounts otherwise made available in this
title for official reception and representation expenses, a total of not
to exceed $50,000 from funds appropriated to the Department of Justice
in this title shall be available to the Attorney General for official
reception and representation expenses.
Sec. 202. None <<NOTE: Abortion.>> of the funds appropriated by
this title shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were carried to
term, or in the case of rape: Provided, That should this prohibition be
declared unconstitutional by a court of competent jurisdiction, this
section shall be null and void.
Sec. 203. None <<NOTE: Abortion.>> of the funds appropriated under
this title shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 204. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside
the Federal facility: Provided, That nothing in this section in any way
diminishes the effect of section 203 intended to address the
philosophical beliefs of individual employees of the Bureau of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice
[[Page 123 STAT. 585]]
in this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section: <<NOTE: President. Certification.>> Provided
further, That none of the funds appropriated to ``Buildings and
Facilities, Federal Prison System'' in this or any other Act may be
transferred to ``Salaries and Expenses, Federal Prison System'', or any
other Department of Justice account, unless the President certifies that
such a transfer is necessary to the national security interests of the
United States, and such authority shall not be delegated, and shall be
subject to section 505 of this Act.
Sec. 206. The <<NOTE: Project extension. 5 USC 3104 note.>>
Attorney General is authorized to extend through September 30, 2010, the
Personnel Management Demonstration Project transferred to the Attorney
General pursuant to section 1115 of the Homeland Security Act of 2002,
Public Law 107-296 (6 U.S.C. 533) without limitation on the number of
employees or the positions covered.
Sec. 207. Notwithstanding <<NOTE: Investigations. Applicability. 28
USC 533 note.>> any other provision of law, Public Law 102-395 section
102(b) shall extend to the Bureau of Alcohol, Tobacco, Firearms and
Explosives in the conduct of undercover investigative operations and
shall apply without fiscal year limitation with respect to any
undercover investigative operation initiated by the Bureau of Alcohol,
Tobacco, Firearms and Explosives that is necessary for the detection and
prosecution of crimes against the United States.
Sec. 208. None of the funds made available to the Department of
Justice in this Act may be used for the purpose of transporting an
individual who is a prisoner pursuant to conviction for crime under
State or Federal law and is classified as a maximum or high security
prisoner, other than to a prison or other facility certified by the
Federal Bureau of Prisons as appropriately secure for housing such a
prisoner.
Sec. 209. (a) None of the funds appropriated by this Act may be used
by Federal prisons to purchase cable television services, to rent or
purchase videocassettes, videocassette recorders, or other audiovisual
or electronic equipment used primarily for recreational purposes.
(b) The preceding sentence does not preclude the renting,
maintenance, or purchase of audiovisual or electronic equipment for
inmate training, religious, or educational programs.
Sec. 210. None <<NOTE: Certification.>> of the funds made
available under this title shall be obligated or expended for Sentinel,
or for any other major new or enhanced information technology program
having total estimated development costs in excess of $100,000,000,
unless the Deputy Attorney General and the investment review board
certify to the Committees on Appropriations that the information
technology program has appropriate program management and contractor
oversight mechanisms in place, and that the program is compatible with
the enterprise architecture of the Department of Justice.
Sec. 211. The <<NOTE: Notification. Applicability.>> notification
thresholds and procedures set forth in section 505 of this Act shall
apply to deviations from the amounts
[[Page 123 STAT. 586]]
designated for specific activities in this Act and accompanying
statement, and to any use of deobligated balances of funds provided
under this title in previous years.
Sec. 212. None of the funds appropriated by this Act may be used to
plan for, begin, continue, finish, process, or approve a public-private
competition under the Office of Management and Budget Circular A-76 or
any successor administrative regulation, directive, or policy for work
performed by employees of the Bureau of Prisons or of Federal Prison
Industries, Incorporated.
Sec. 213. Notwithstanding any other provision of law, no funds
shall be available for the salary, benefits, or expenses of any United
States Attorney assigned dual or additional responsibilities by the
Attorney General or his designee that exempt that United States Attorney
from the residency requirements of 28 U.S.C. 545.
Sec. 214. None <<NOTE: Certification.>> of the funds appropriated
in this or any other Act shall be obligated for the initiation of a
future phase of the Federal Bureau of Investigation's Sentinel program
until the Attorney General certifies to the Committees on Appropriations
that existing phases currently under contract for development or
fielding have completed a majority of the work for that phase under the
performance measurement baseline validated by the integrated baseline
review conducted in 2008: Provided, That this restriction does not apply
to planning and design activities for future
phases: <<NOTE: Notification.>> Provided further, That the Bureau will
notify the Committees on Appropriations of any significant changes to
the baseline.
Sec. 215. <<NOTE: Deadlines. Reports.>> (a) The Attorney General
shall submit quarterly reports to the Inspector General of the
Department of Justice regarding the costs and contracting procedures
relating to each conference held by the Department of Justice during
fiscal year 2009 for which the cost to the Government was more than
$20,000.
(b) Each report submitted under subsection (a) shall include, for
each conference described in that subsection held during the applicable
quarter--
(1) a description of the subject of and number of
participants attending that conference;
(2) a detailed statement of the costs to the Government
relating to that conference, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services; and
(C) a discussion of the methodology used to
determine which costs relate to that conference; and
(3) a description of the contracting procedures relating to
that conference, including--
(A) whether contracts were awarded on a competitive
basis for that conference; and
(B) a discussion of any cost comparison conducted by
the Department of Justice in evaluating potential
contractors for that conference.
This title may be cited as the ``Department of Justice
Appropriations Act, 2009''.
[[Page 123 STAT. 587]]
TITLE III <<NOTE: Science Appropriations Act, 2009.>>
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6601-6671), hire of passenger motor vehicles, and services as authorized
by 5 U.S.C. 3109, not to exceed $2,500 for official reception and
representation expenses, and rental of conference rooms in the District
of Columbia, $5,303,000.
National Aeronautics and Space Administration
science
For necessary expenses, not otherwise provided for, in the conduct
and support of science research and development activities, including
research, development, operations, support, and services; maintenance;
construction of facilities including repair, rehabilitation,
revitalization, and modification of facilities, construction of new
facilities and additions to existing facilities, facility planning and
design, and restoration, and acquisition or condemnation of real
property, as authorized by law; environmental compliance and
restoration; space flight, spacecraft control, and communications
activities; program management; personnel and related costs, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $4,503,019,000 to remain available until
September 30, 2010.
aeronautics
For necessary expenses, not otherwise provided for, in the conduct
and support of aeronautics research and development activities,
including research, development, operations, support, and services;
maintenance; construction of facilities including repair,
rehabilitation, revitalization, and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law; environmental
compliance and restoration; space flight, spacecraft control, and
communications activities; program management; personnel and related
costs, including uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902; travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and operation of
mission and administrative aircraft, $500,000,000 to remain available
until September 30, 2010.
exploration
For necessary expenses, not otherwise provided for, in the conduct
and support of exploration research and development activities,
including research, development, operations, support, and services;
maintenance; construction of facilities including repair,
[[Page 123 STAT. 588]]
rehabilitation, revitalization, and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law; environmental
compliance and restoration; space flight, spacecraft control, and
communications activities; program management, personnel and related
costs, including uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902; travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and operation of
mission and administrative aircraft, $3,505,469,000 to remain available
until September 30, 2010.
space operations
For necessary expenses, not otherwise provided for, in the conduct
and support of space operations research and development activities,
including research, development, operations, support and services; space
flight, spacecraft control and communications activities including
operations, production, and services; maintenance; construction of
facilities including repair, rehabilitation, revitalization and
modification of facilities, construction of new facilities and additions
to existing facilities, facility planning and design, and restoration,
and acquisition or condemnation of real property, as authorized by law;
environmental compliance and restoration; program management; personnel
and related costs, including uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and hire of
passenger motor vehicles; and purchase, lease, charter, maintenance and
operation of mission and administrative aircraft, $5,764,710,000, to
remain available until September 30, 2010: Provided, That of the amounts
provided under this heading, $2,981,724,000 shall be for Space Shuttle
operations, production, research, development, and support,
$2,060,162,000 shall be for International Space Station operations,
production, research, development, and support, and $722,824,000 shall
be for Space and Flight support.
education
For necessary expenses, not otherwise provided for, in carrying out
aerospace and aeronautical education research and development
activities, including research, development, operations, support, and
services; program management; personnel and related costs, uniforms or
allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel
expenses; purchase and hire of passenger motor vehicles; and purchase,
lease, charter, maintenance, and operation of mission and administrative
aircraft, $169,200,000, to remain available until September 30, 2010.
cross agency support
For necessary expenses, not otherwise provided for, in the conduct
and support of science, aeronautics, exploration, space operations and
education research and development activities, including research,
development, operations, support, and services; maintenance;
construction of facilities including repair, rehabilitation,
revitalization, and modification of facilities, construction of new
facilities and additions to existing facilities, facility planning and
design, and restoration, and acquisition or condemnation of real
[[Page 123 STAT. 589]]
property, as authorized by law; environmental compliance and
restoration; space flight, spacecraft control, and communications
activities; program management; personnel and related costs, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
travel expenses; purchase and hire of passenger motor vehicles; not to
exceed $70,000 for official reception and representation expenses; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $3,306,387,000, to remain available until
September 30, 2010: Provided, That $2,024,000,000, together with not
more than $9,000,000 to be derived from receipts pursuant to 42 U.S.C.
2459j, shall be available for center management and operations: Provided
further, That notwithstanding 42 U.S.C. 2459j, proceeds from enhanced
use leases that may be made available for obligation for fiscal year
2009 shall not exceed $9,000,000: <<NOTE: 42 USC 16611b note.>>
Provided further, That each annual budget request shall include an
annual estimate of gross receipts and collections and proposed use of
all funds collected pursuant to 42 U.S.C. 2459j: Provided further, That
not less than $45,000,000 shall be available for independent
verification and validation activities, of which $5,000,000 shall be
available to develop core verification and validation competencies with
small businesses, and $40,000,000 shall be available for operations of
the independent verification and validation facility: Provided further,
That within the amounts appropriated $67,500,000 shall be used for the
projects, and in the amounts, specified in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $33,600,000, to remain
available until September 30, 2010.
administrative provisions
Notwithstanding the limitation on the duration of availability of
funds appropriated to the National Aeronautics and Space Administration
for any account in this Act, except for ``Office of Inspector General'',
when any activity has been initiated by the incurrence of obligations
for construction of facilities or environmental compliance and
restoration activities as authorized by law, such amount available for
such activity shall remain available until expended. This provision does
not apply to the amounts appropriated for institutional minor
revitalization and minor construction of facilities, and institutional
facility planning and design.
Notwithstanding the limitation on the availability of funds
appropriated to the National Aeronautics and Space Administration for
any account in this Act, except for ``Office of Inspector General'', the
amounts appropriated for construction of facilities shall remain
available until September 30, 2011.
Funds for announced prizes otherwise authorized shall remain
available, without fiscal year limitation, until the prize is claimed or
the offer is withdrawn.
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the National Aeronautics and Space
Administration in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically
[[Page 123 STAT. 590]]
provided, shall be increased by more than 10 percent by any such
transfers. Any transfer pursuant to this provision shall be treated as a
reprogramming of funds under section 505 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section.
Notwithstanding any other provision of law, no funds shall be used
to implement any Reduction in Force or other involuntary separations
(except for cause) by the National Aeronautics and Space Administration
prior to September 30, 2009.
The unexpired balances of the Science, Aeronautics, and Exploration
account, for activities for which funds are provided under this Act, may
be transferred to the new accounts established in this Act that provide
such activity. Balances so transferred shall be merged with the funds in
the newly established accounts, but shall be available under the same
terms, conditions and period of time as previously appropriated.
For the closeout of all Space Shuttle contracts and associated
programs, amounts that have expired but have not been cancelled in the
Human Space Flight, Space Flight Capabilities, and Exploration
Capabilities appropriations accounts shall remain available through
fiscal year 2015 for the liquidation of valid obligations incurred
during the period of fiscal year 2001 through fiscal year 2009.
Funding designations and minimum funding requirements contained in
any other Act shall not be applicable to funds appropriated by this
title for the National Aeronautics and Space Administration.
The Administrator <<NOTE: Deadline. Reports.>> of NASA shall, not
later than February 2, 2009, submit to the appropriate committees of
Congress a report that delineates by fiscal year, mission directorate
and object class the full costs necessary for Space Shuttle retirement
and transition activities for fiscal years 2006 through 2015 that
includes, but is not limited to, the following:
(1) the costs for environmental compliance and remediation;
(2) the gross and net proceeds from exchange sales of excess
Space Shuttle equipment;
(3) the costs to maintain required facilities at Kennedy
Space Center during the gap in human space flight;
(4) the costs associated with preservation of historic
properties;
(5) the costs of workforce transition; and
(6) other costs related to Space Shuttle retirement and
transition.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and the Act to
establish a National Medal of Science (42 U.S.C. 1880-1881); services as
authorized by 5 U.S.C. 3109; maintenance and operation of aircraft and
purchase of flight services for research support; acquisition of
aircraft; and authorized travel; $5,183,100,000, to remain available
until September 30, 2010, of which not to exceed $540,000,000 shall
remain available until expended for polar research and operations
support, and for reimbursement to other Federal agencies for operational
and science
[[Page 123 STAT. 591]]
support and logistical and other related activities for the United
States Antarctic program: Provided, That from funds specified in the
fiscal year 2009 budget request for icebreaking services, up to
$54,000,000 shall be available for the procurement of polar icebreaking
services: Provided further, That the National Science Foundation shall
only reimburse the Coast Guard for such sums as are agreed to according
to the existing memorandum of agreement: Provided further, That receipts
for scientific support services and materials furnished by the National
Research Centers and other National Science Foundation supported
research facilities may be credited to this appropriation: Provided
further, That not less than $133,000,000 shall be available for
activities authorized by section 7002(b)(2)(A)(iv) of Public Law 110-69.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment, facilities,
and other such capital assets pursuant to the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), including
authorized travel, $152,010,000, to remain available until expended.
education and human resources
For necessary expenses in carrying out science and engineering
education and human resources programs and activities pursuant to the
National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-
1875), including services as authorized by 5 U.S.C. 3109, authorized
travel, and rental of conference rooms in the District of Columbia,
$845,260,000, to remain available until September 30, 2010: Provided
further, That not less than $55,000,000 shall be available until
expended for activities authorized by section 7030 of Public Law 110-69.
agency operations and award management
For agency operations and award management necessary in carrying out
the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-
1875); services authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; not to exceed $9,000 for official reception and representation
expenses; uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902; rental of conference rooms in the District of Columbia; and
reimbursement of the Department of Homeland Security for security guard
services; $294,000,000: Provided, That contracts may be entered into
under this heading in fiscal year 2009 for maintenance and operation of
facilities, and for other services, to be provided during the next
fiscal year.
office of the national science board
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference rooms
in the District of Columbia, and the employment of experts and
consultants under section 3109 of title 5, United States Code) involved
in carrying out section 4 of the National Science Foundation Act of
1950, as amended (42 U.S.C. 1863) and Public Law
[[Page 123 STAT. 592]]
86-209 (42 U.S.C. 1880 et seq.), $4,030,000: Provided, That not to
exceed $2,500 shall be available for official reception and
representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, as amended,
$12,000,000.
This title may be cited as the ``Science Appropriations Act,
2009''.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights, including
hire of passenger motor vehicles, $8,800,000: Provided, That none of the
funds appropriated in this paragraph shall be used to employ in excess
of four full-time individuals under Schedule C of the Excepted Service
exclusive of one special assistant for each Commissioner: Provided
further, That none of the funds appropriated in this paragraph shall be
used to reimburse Commissioners for more than 75 billable days, with the
exception of the chairperson, who is permitted 125 billable days.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act of 1964,
the Age Discrimination in Employment Act of 1967, the Equal Pay Act of
1963, the Americans with Disabilities Act of 1990, and the Civil Rights
Act of 1991, including services as authorized by 5 U.S.C. 3109; hire of
passenger motor vehicles as authorized by 31 U.S.C. 1343(b); nonmonetary
awards to private citizens; and not to exceed $26,000,000 for payments
to State and local enforcement agencies for authorized services to the
Commission, $343,925,000: Provided, That the Commission is authorized to
make available for official reception and representation expenses not to
exceed $2,500 from available funds: <<NOTE: Notification.>> Provided
further, That the Commission may take no action to implement any
workforce repositioning, restructuring, or reorganization until such
time as the House and Senate Committees on Appropriations have been
notified of such proposals, in accordance with the reprogramming
requirements of section 505 of this Act: Provided further, That the
Chair is authorized to accept and use any gift or donation to carry out
the work of the Commission.
[[Page 123 STAT. 593]]
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles, and services as authorized
by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $75,100,000, to remain available until
expended.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out the
purposes of the Legal Services Corporation Act of 1974, $390,000,000, of
which $365,800,000 is for basic field programs and required independent
audits; $4,200,000 is for the Office of Inspector General, of which such
amounts as may be necessary may be used to conduct additional audits of
recipients; $16,000,000 is for management and administration; $3,000,000
is for client self-help and information technology; and $1,000,000 is
for loan repayment assistance: Provided, That the Legal Services
Corporation may continue to provide locality pay to officers and
employees at a rate no greater than that provided by the Federal
Government to Washington, DC-based employees as authorized by 5 U.S.C.
5304, notwithstanding section 1005(d) of the Legal Services Corporation
Act, 42 U.S.C. 2996(d).
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited by,
or contrary to any of the provisions of, sections 501, 502, 503, 504,
505, and 506 of Public Law 105-119, and all funds appropriated in this
Act to the Legal Services Corporation shall be subject to the same terms
and conditions set forth in such sections, except that all references in
sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead
to 2008 and 2009, respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as authorized
by title II of Public Law 92-522, $3,200,000.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by 5 U.S.C. 3109,
$47,272,000, of which $1,000,000 shall remain available until expended:
Provided, That not to exceed $124,000 shall be available for official
reception and representation <<NOTE: Negotiations.>> expenses: Provided
further, That negotiations shall be conducted within the World
[[Page 123 STAT. 594]]
Trade Organization to recognize the right of members to distribute
monies collected from antidumping and
countervailing <<NOTE: Negotiations.>> duties: Provided further, That
negotiations shall be conducted within the World Trade Organization
consistent with the negotiating objectives contained in the Trade Act of
2002, Public Law 107-210.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as authorized
by the State Justice Institute Authorization Act of 1984 (42 U.S.C.
10701 et. seq.) $4,100,000, of which $250,000 shall remain available
until September 30, 2010: Provided, That not to exceed $2,500 shall be
available for official reception and representation expenses.
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. <<NOTE: Contracts.>> The expenditure of any appropriation
under this Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or under
existing Executive order issued pursuant to existing law.
Sec. 504. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid, the
remainder of the Act and the application of each provision to persons or
circumstances other than those as to which it is held invalid shall not
be affected thereby.
Sec. 505. <<NOTE: Notifications. Deadlines.>> (a) None of the funds
provided under this Act, or provided under previous appropriations Acts
to the agencies funded by this Act that remain available for obligation
or expenditure in fiscal year 2009, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure through the reprogramming of funds that:
(1) creates or initiates a new program, project or activity;
(2) eliminates a program, project or activity, unless the House and
Senate Committees on Appropriations are notified 15 days in advance of
such reprogramming of funds;
(3) increases funds or personnel by any means for any project or
activity for which funds have been denied or restricted by this Act,
unless the House and Senate Committees on Appropriations are notified 15
days in advance of such reprogramming of funds;
(4) relocates an office or employees, unless the House and Senate
Committees on Appropriations are notified 15 days in advance of such
reprogramming of funds;
[[Page 123 STAT. 595]]
(5) reorganizes or renames offices, programs or activities, unless
the House and Senate Committees on Appropriations are notified 15 days
in advance of such reprogramming of funds;
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees, unless the House and Senate
Committees on Appropriations are notified 15 days in advance of such
reprogramming of funds;
(7) proposes to use funds directed for a specific activity by either
the House or Senate Committee on Appropriations for a different purpose,
unless the House and Senate Committees on Appropriations are notified 15
days in advance of such reprogramming of funds;
(8) augments funds for existing programs, projects or activities in
excess of $500,000 or 10 percent, whichever is less, or reduces by 10
percent funding for any program, project or activity, or numbers of
personnel by 10 percent as approved by Congress, unless the House and
Senate Committees on Appropriations are notified 15 days in advance of
such reprogramming of funds; or
(9) results from any general savings, including savings from a
reduction in personnel, which would result in a change in existing
programs, projects or activities as approved by Congress, unless the
House and Senate Committees on Appropriations are notified 15 days in
advance of such reprogramming of funds.
(b) None of the funds in provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2009, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through the
reprogramming of funds after August 1, except in extraordinary
circumstances, and only after the House and Senate Committees on
Appropriations are notified 30 days in advance of such reprogramming of
funds.
Sec. 506. <<NOTE: Religious harassment. 42 USC 2000e-12 note.>>
Hereafter, none of the funds made available in this or any other Act may
be used to implement, administer, or enforce any guidelines of the Equal
Employment Opportunity Commission covering harassment based on religion,
when it is made known to the Federal entity or official to which such
funds are made available that such guidelines do not differ in any
respect from the proposed guidelines published by the Commission on
October 1, 1993 (58 Fed. Reg. 51266).
Sec. 507. If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bearing a ``Made in
America'' inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not made in the
United States, the person shall be ineligible to receive any contract or
subcontract made with funds made available in this Act, pursuant to the
debarment, suspension, and ineligibility procedures described in
sections 9.400 through 9.409 of title 48, Code of Federal Regulations.
Sec. 508. <<NOTE: Deadlines. Reports.>> The Departments of Commerce
and Justice, the National Science Foundation, and the National
Aeronautics and Space Administration, shall provide to the House and
Senate Committees on Appropriations a quarterly accounting of the
cumulative balances of any unobligated funds that were received by such
agency during any previous fiscal year.
[[Page 123 STAT. 596]]
Sec. 509. Any costs incurred by a department or agency funded under
this Act resulting from, or to prevent, personnel actions taken in
response to funding reductions included in this Act shall be absorbed
within the total budgetary resources available to such department or
agency: Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this section is
provided in addition to authorities included elsewhere in this Act:
Provided further, That use of funds to carry out this section shall be
treated as a reprogramming of funds under section 505 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Sec. 510. <<NOTE: Tobacco and tobacco products.>> None of the funds
provided by this Act shall be available to promote the sale or export of
tobacco or tobacco products, or to seek the reduction or removal by any
foreign country of restrictions on the marketing of tobacco or tobacco
products, except for restrictions which are not applied equally to all
tobacco or tobacco products of the same type.
Sec. 511. <<NOTE: Firearms.>> None of the funds appropriated
pursuant to this Act or any other provision of law may be used for--
(1) the implementation of any tax or fee in connection with
the implementation of subsection 922(t) of title 18, United
States Code; and
(2) any system to implement subsection 922(t) of title 18,
United States Code, that does not require and result in the
destruction of any identifying information submitted by or on
behalf of any person who has been determined not to be
prohibited from possessing or receiving a firearm no more than
24 hours after the system advises a Federal firearms licensee
that possession or receipt of a firearm by the prospective
transferee would not violate subsection (g) or (n) of section
922 of title 18, United States Code, or State law.
Sec. 512. <<NOTE: 42 USC 10601 note.>> Notwithstanding any other
provision of law, amounts deposited or available in the Fund established
under 42 U.S.C. 10601 in any fiscal year in excess of $635,000,000 shall
not be available for obligation until the following fiscal year.
Sec. 513. <<NOTE: Discrimination.>> None of the funds made
available to the Department of Justice in this Act may be used to
discriminate against or denigrate the religious or moral beliefs of
students who participate in programs for which financial assistance is
provided from those funds, or of the parents or legal guardians of such
students.
Sec. 514. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 515. Any funds provided in this Act used to implement E-
Government Initiatives shall be subject to the procedures set forth in
section 505 of this Act.
Sec. 516. <<NOTE: Firearm traces.>> (a) Tracing studies conducted
by the Bureau of Alcohol, Tobacco, Firearms and Explosives are released
without adequate disclaimers regarding the limitations of the data.
(b) The Bureau of Alcohol, Tobacco, Firearms and Explosives shall
include in all such data releases, language similar to the following
that would make clear that trace data cannot be used to draw broad
conclusions about firearms-related crime:
[[Page 123 STAT. 597]]
(1) Firearm traces are designed to assist law enforcement
authorities in conducting investigations by tracking the sale
and possession of specific firearms. Law enforcement agencies
may request firearms traces for any reason, and those reasons
are not necessarily reported to the Federal Government. Not all
firearms used in crime are traced and not all firearms traced
are used in crime.
(2) Firearms selected for tracing are not chosen for
purposes of determining which types, makes, or models of
firearms are used for illicit purposes. The firearms selected do
not constitute a random sample and should not be considered
representative of the larger universe of all firearms used by
criminals, or any subset of that universe. Firearms are normally
traced to the first retail seller, and sources reported for
firearms traced do not necessarily represent the sources or
methods by which firearms in general are acquired for use in
crime.
Sec. 517. <<NOTE: Audits. Reports. Deadlines.>> (a) The Inspectors
General of the Department of Commerce, the Department of Justice, the
National Aeronautics and Space Administration, the National Science
Foundation, and the Legal Services Corporation shall conduct audits,
pursuant to the Inspector General Act (5 U.S.C. App.), of grants or
contracts for which funds are appropriated by this Act, and shall submit
reports to Congress on the progress of such audits, which may include
preliminary findings and a description of areas of particular interest,
within 180 days after initiating such an audit and every 180 days
thereafter until any such audit is completed.
(b) Within <<NOTE: Deadline. Public information. Web posting.>> 60
days after the date on which an audit described in subsection (a) by an
Inspector General is completed, the Secretary, Attorney General,
Administrator, Director, or President, as appropriate, shall make the
results of the audit available to the public on the Internet website
maintained by the Department, Administration, Foundation, or
Corporation, respectively. The results shall be made available in
redacted form to exclude--
(1) any matter described in section 552(b) of title 5,
United States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft or
for other inappropriate or unlawful purposes.
(c) A grant or contract funded by amounts appropriated by this Act
may not be used for the purpose of defraying the costs of a banquet or
conference that is not directly and programmatically related to the
purpose for which the grant or contract was awarded, such as a banquet
or conference held in connection with planning, training, assessment,
review, or other routine purposes related to a project funded by the
grant or contract.
(d) Any <<NOTE: Certification.>> person awarded a grant or contract
funded by amounts appropriated by this Act shall submit a statement to
the Secretary of Commerce, the Attorney General, the Administrator,
Director, or President, as appropriate, certifying that no funds derived
from the grant or contract will be made available through a subcontract
or in any other manner to another person who has a financial interest in
the person awarded the grant or contract.
(e) The <<NOTE: Effective date.>> provisions of the preceding
subsections of this section shall take effect 30 days after the date on
which the Director of the Office of Management and Budget, in
consultation with the Director of the Office of Government Ethics,
determines that a uniform set of rules and requirements, substantially
similar to
[[Page 123 STAT. 598]]
the requirements in such subsections, consistently apply under the
executive branch ethics program to all Federal departments, agencies,
and entities.
Sec. 518. <<NOTE: Human organism.>> None of the funds appropriated
or otherwise made available under this Act may be used to issue patents
on claims directed to or encompassing a human organism.
Sec. 519. <<NOTE: Torture.>> None of the funds made available in
this Act shall be used in any way whatsoever to support or justify the
use of torture by any official or contract employee of the United States
Government.
Sec. 520. <<NOTE: Exports and imports. Firearms. Canada.>> (a)
Notwithstanding any other provision of law or treaty, none of the funds
appropriated or otherwise made available under this Act or any other Act
may be expended or obligated by a department, agency, or instrumentality
of the United States to pay administrative expenses or to compensate an
officer or employee of the United States in connection with requiring an
export license for the export to Canada of components, parts,
accessories or attachments for firearms listed in Category I, section
121.1 of title 22, Code of Federal Regulations (International
Trafficking in Arms Regulations (ITAR), part 121, as it existed on April
1, 2005) with a total value not exceeding $500 wholesale in any
transaction, provided that the conditions of subsection (b) of this
section are met by the exporting party for such articles.
(b) The foregoing exemption from obtaining an export license--
(1) does not exempt an exporter from filing any Shipper's
Export Declaration or notification letter required by law, or
from being otherwise eligible under the laws of the United
States to possess, ship, transport, or export the articles
enumerated in subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components and
parts for such firearms, other than for end use by the
Federal Government, or a Provincial or Municipal
Government of Canada;
(B) barrels, cylinders, receivers (frames) or
complete breech mechanisms for any firearm listed in
Category I, other than for end use by the Federal
Government, or a Provincial or Municipal Government of
Canada; or
(C) articles for export from Canada to another
foreign destination.
(c) In accordance with this section, the District Directors of
Customs and postmasters shall permit the permanent or temporary export
without a license of any unclassified articles specified in subsection
(a) to Canada for end use in Canada or return to the United States, or
temporary import of Canadian-origin items from Canada for end use in the
United States or return to Canada for a Canadian citizen.
(d) The <<NOTE: President. Federal Register, publication.>>
President may require export licenses under this section on a temporary
basis if the President determines, upon publication first in the Federal
Register, that the Government of Canada has implemented or maintained
inadequate import controls for the articles specified in subsection (a),
such that a significant diversion of such articles has and continues to
take place for use in international terrorism or in the escalation of a
conflict in another nation. The President shall terminate the
requirements of a license when reasons for the temporary requirements
have ceased.
[[Page 123 STAT. 599]]
Sec. 521. <<NOTE: Firearms.>> Notwithstanding any other provision
of law, no department, agency, or instrumentality of the United States
receiving appropriated funds under this Act or any other Act shall
obligate or expend in any way such funds to pay administrative expenses
or the compensation of any officer or employee of the United States to
deny any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and
qualified pursuant to 27 CFR section 478.112 or .113, for a permit to
import United States origin ``curios or relics'' firearms, parts, or
ammunition.
Sec. 522. None of the funds made available in this Act may be used
to include in any new bilateral or multilateral trade agreement the text
of--
(1) paragraph 2 of article 16.7 of the United States-
Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-
Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-Morocco
Free Trade Agreement.
Sec. 523. <<NOTE: National security letters.>> None of the funds
made available in this Act may be used to authorize or issue a national
security letter in contravention of any of the following laws
authorizing the Federal Bureau of Investigation to issue national
security letters: The Right to Financial Privacy Act; The Electronic
Communications Privacy Act; The Fair Credit Reporting Act; The National
Security Act of 1947; USA PATRIOT Act; and the laws amended by these
Acts.
Sec. 524. If at any time during any quarter, the program manager of
a project within the jurisdiction of the Departments of Commerce or
Justice, the National Aeronautics and Space Administration, or the
National Science Foundation totaling more than $75,000,000 has
reasonable cause to believe that the total program cost has increased by
10 percent, the program manager shall immediately inform the Secretary,
Administrator, or Director. The
Secretary, <<NOTE: Notification. Deadline.>> Administrator, or Director
shall notify the House and Senate Committees on Appropriations within 30
days in writing of such increase, and shall include in such notice: the
date on which such determination was made; a statement of the reasons
for such increases; the action taken and proposed to be taken to control
future cost growth of the project; changes made in the performance or
schedule milestones and the degree to which such changes have
contributed to the increase in total program costs or procurement costs;
new estimates of the total project or procurement costs; and a statement
validating that the project's management structure is adequate to
control total project or procurement costs.
Sec. 525. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence or intelligence related
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2009 until the enactment of the Intelligence
Authorization Act for fiscal year 2009.
Sec. 526. <<NOTE: Web posting. 5 USC app. 8L note.>> The
Departments, agencies, and commissions funded under this Act, shall
establish and maintain on the homepages of their Internet websites--
(1) a direct link to the Internet websites of their Offices
of Inspectors General; and
(2) a mechanism on the Offices of Inspectors General website
by which individuals may anonymously report cases
[[Page 123 STAT. 600]]
of waste, fraud, or abuse with respect to those Departments,
agencies, and commissions.
Sec. 527. None <<NOTE: Contracts. Grants. Certification.>> of the
funds appropriated or otherwise made available by this Act may be used
to enter into a contract in an amount greater than $5,000,000 or to
award a grant in excess of such amount unless the prospective contractor
or grantee certifies in writing to the agency awarding the contract or
grant that, to the best of its knowledge and belief, the contractor or
grantee has filed all Federal tax returns required during the three
years preceding the certification, has not been convicted of a criminal
offense under the Internal Revenue Code of 1986, and has not, more than
90 days prior to certification, been notified of any unpaid Federal tax
assessment for which the liability remains unsatisfied, unless the
assessment is the subject of an installment agreement or offer in
compromise that has been approved by the Internal Revenue Service and is
not in default, or the assessment is the subject of a non-frivolous
administrative or judicial proceeding.
Sec. 528. None of the funds appropriated or otherwise made available
in this Act may be used in a manner that is inconsistent with the
principal negotiating objective of the United States with respect to
trade remedy laws to preserve the ability of the United States--
(1) to enforce vigorously its trade laws, including
antidumping, countervailing duty, and safeguard laws;
(2) to avoid agreements that--
(A) lessen the effectiveness of domestic and
international disciplines on unfair trade, especially
dumping and subsidies; or
(B) lessen the effectiveness of domestic and
international safeguard provisions, in order to ensure
that United States workers, agricultural producers, and
firms can compete fully on fair terms and enjoy the
benefits of reciprocal trade concessions; and
(3) to address and remedy market distortions that lead to
dumping and subsidization, including overcapacity,
cartelization, and market-access barriers.
(Rescissions)
Sec. 529. (a) Of the unobligated balances available to the
Department of Commerce from prior appropriations, the following funds
are hereby rescinded from the following accounts and programs in the
specified amounts:
(1) ``Economic Development Administration, Economic
Development Assistance Programs'', $15,000,000;
(2) ``National Institute of Standards and Technology,
Industrial Technology Services'', $5,000,000;
(3) ``National Telecommunications and Information
Administration, Salaries and Expenses'', $3,000,000;
(4) ``National Telecommunications and Information
Administration, Public Telecommunications, Facilities, Planning
and Construction'', $1,600,000; and
(5) ``Bureau of the Census, Periodic Censuses and
Programs'', $1,000,000.
(b) Of <<NOTE: Deadline.>> the unobligated balances available to
the Department of Justice from prior appropriations, the following funds
are hereby rescinded, not later than September 30, 2009, from the
following accounts in the specified amounts:
[[Page 123 STAT. 601]]
(1) ``General Administration, Working Capital Fund'',
$100,000,000;
(2) ``Legal Activities, Assets Forfeiture Fund'',
$285,000,000;
(3) ``Office of Justice Programs'', $100,000,000; and
(4) ``Community Oriented Policing Services'', $100,000,000.
(c) <<NOTE: Deadline. Reports.>> Each department affected by the
recissions contained in subsections (a) and (b) shall, within 30 days of
enactment of this Act, submit to the Committee on Appropriations of the
House of Representatives and the Senate a report specifying the amount
of each rescission made pursuant to this section.
(d) The recissions contained in this section shall not apply to
funds provided in this Act.
Sec. 530. None of the funds made available in this Act may be used
to purchase first class or premium airline travel in contravention of
sections 301-10.122 through 301-10.124 of title 41 of the Code of
Federal Regulations.
Sec. 531. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees
from a Federal department or agency at any single conference occurring
outside the United States.
This division may be cited as the ``Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2009''.
DIVISION C--ENERGY <<NOTE: Energy and Water Development and Related
Agencies Appropriations Act, 2009.>> AND WATER DEVELOPMENT AND RELATED
AGENCIES APPROPRIATIONS ACT, 2009
TITLE I
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the direction
of the Secretary of the Army and the supervision of the Chief of
Engineers for authorized civil functions of the Department of the Army
pertaining to rivers and harbors, flood and storm damage reduction,
shore protection, aquatic ecosystem restoration, and related efforts.
Investigations
For expenses necessary where authorized by law for the collection
and study of basic information pertaining to river and harbor, flood and
storm damage reduction, shore protection, aquatic ecosystem restoration,
and related needs; for surveys and detailed studies, and plans and
specifications of proposed river and harbor, flood and storm damage
reduction, shore protection, and aquatic ecosystem restoration projects
and related efforts prior to construction; for restudy of authorized
projects; and for miscellaneous investigations and, when authorized by
law, surveys and detailed studies, and plans and specifications of
projects prior to construction, $168,100,000, to remain available until
expended: Provided, That, except as provided in section 101 of this Act,
the amounts made available under this paragraph shall be expended as
authorized in law for the projects and activities specified in the text
and table under this heading in the explanatory statement described
[[Page 123 STAT. 602]]
in section 4 (in the matter preceding division A of this consolidated
Act).
Construction
For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related projects authorized by law; for conducting
detailed studies, and plans and specifications, of such projects
(including those involving participation by States, local governments,
or private groups) authorized or made eligible for selection by law (but
such detailed studies, and plans and specifications, shall not
constitute a commitment of the Government to construction);
$2,141,677,000, to remain available until expended; of which such sums
as are necessary to cover the Federal share of construction costs for
facilities under the Dredged Material Disposal Facilities program shall
be derived from the Harbor Maintenance Trust Fund as authorized by
Public Law 104-303; and of which such sums as are necessary pursuant to
Public Law 99-662 shall be derived from the Inland Waterways Trust Fund,
to cover one-half of the costs of construction, replacement,
rehabilitation, and expansion of inland waterways projects (including
only Chickamauga Lock, Tennessee; Kentucky Lock and Dam, Tennessee
River, Kentucky; Lock and Dams 2, 3, and 4 Monongahela River,
Pennsylvania; Marmet Lock and Dam, West Virginia; McAlpine Lock and Dam,
Kentucky and Indiana; Olmsted Lock and Dam, Illinois and Kentucky;
Gray's Landing Lock and Dam, Pennsylvania; R.C. Byrd Lock and Dam, Ohio
and West Virginia; and Point Marion Lock and Dam, Pennsylvania) shall be
derived from the Inland Waterways Trust Fund: Provided, That the Chief
of Engineers is directed to use $13,000,000 of the funds appropriated
herein for the Dallas Floodway Extension, Texas, project, including the
Cadillac Heights feature, generally in accordance with the Chief of
Engineers report dated December 7, 1999: Provided further, That the
Chief of Engineers is directed to use $8,000,000 of the funds
appropriated herein for planning, engineering, design or construction of
the Grundy, Buchanan County, and Dickenson County, Virginia, elements of
the Levisa and Tug Forks of the Big Sandy River and Upper Cumberland
River Project: Provided further, That the Chief of Engineers is directed
to use $8,500,000 of the funds appropriated herein to continue planning,
engineering, design or construction of the Lower Mingo County, Upper
Mingo County, Wayne County, McDowell County, West Virginia, elements of
the Levisa and Tug Forks of the Big Sandy River and Upper Cumberland
River Project: Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to use $9,000,000 of the
funds appropriated herein for the Clover Fork, City of Cumberland, Town
of Martin, Pike County (including Levisa Fork and Tug Fork Tributaries),
Bell County, Harlan County in accordance with the Draft Detailed Project
Report dated January 2002, Floyd County, Martin County, Johnson County,
and Knox County, Kentucky, detailed project report, elements of the
Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River:
Provided further, That the Chief of Engineers is directed to use
$17,048,000 of the funds provided herein for planning and design and
construction of a rural health care facility on the Fort Berthold
Reservation of the Three Affiliated Tribes, North Dakota: Provided
further, That, except as provided in section 101 of this
[[Page 123 STAT. 603]]
Act, the amounts made available under this paragraph shall be expended
as authorized in law for the projects and activities specified in the
text and table under this heading in the explanatory statement described
in section 4 (in the matter preceding division A of the consolidated
Act).
Mississippi River and Tributaries
For expenses necessary for flood damage reduction projects and
related efforts in the Mississippi River alluvial valley below Cape
Girardeau, Missouri, as authorized by law, $383,823,000, to remain
available until expended, of which such sums as are necessary to cover
the Federal share of eligible operation and maintenance costs for inland
harbors shall be derived from the Harbor Maintenance Trust Fund:
Provided, That the Chief of Engineers is directed to use $5,000,000 of
the funds provided herein for design and real estate activities and pump
supply elements for the Yazoo Basin, Yazoo Backwater Pumping Plant,
Mississippi: Provided further, That the Secretary of the Army, acting
through the Chief of Engineers is directed to use $8,000,000
appropriated herein for construction of water withdrawal features of the
Grand Prairie, Arkansas, project: Provided further, That, except as
provided in section 101 of this Act, the amounts made available under
this paragraph shall be expended as authorized in law for the projects
and activities specified in the text and table under this heading in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
operation and maintenance
For expenses necessary for the operation, maintenance, and care of
existing river and harbor, flood and storm damage reduction, aquatic
ecosystem restoration, and related projects authorized by law; providing
security for infrastructure owned or operated by the Corps, including
administrative buildings and laboratories; maintaining harbor channels
provided by a State, municipality, or other public agency that serve
essential navigation needs of general commerce, where authorized by law;
surveying and charting northern and northwestern lakes and connecting
waters; clearing and straightening channels; and removing obstructions
to navigation, $2,201,900,000, to remain available until expended, of
which such sums as are necessary to cover the Federal share of eligible
operation and maintenance costs for coastal harbors and channels, and
for inland harbors shall be derived from the Harbor Maintenance Trust
Fund; of which such sums as become available from the special account
for the Corps established by the Land and Water Conservation Act of
1965, as amended (16 U.S.C. 460l-6a(i)), shall be derived from that
account for resource protection, research, interpretation, and
maintenance activities related to resource protection in the areas at
which outdoor recreation is available; and of which such sums as become
available from fees collected under section 217 of the Water Resources
Development Act of 1996 (Public Law 104-303), shall be used to cover the
cost of operation and maintenance of the dredged material disposal
facilities for which such fees have been collected: Provided, That of
the amounts provided herein, not to exceed $500,000 is provided to the
Secretary of the Army to reimburse travel expenses as provided for in
section 9003(f) of the Water Resources Development
[[Page 123 STAT. 604]]
Act of 2007, Public Law 110-114 (121 Stat. 1289-1290): Provided further,
That 2 percent of the total amount of funds provided for each of the
programs, projects or activities funded under this heading shall not be
allocated to a field operating activity prior to the beginning of the
fourth quarter of the fiscal year and shall be available for use by the
Chief of Engineers to fund such emergency activities as the Chief of
Engineers determines to be necessary and appropriate; and that the Chief
of Engineers shall allocate during the fourth quarter any remaining
funds which have not been used for emergency activities proportionally
in accordance with the amounts provided for the programs, projects or
activities: Provided further, That, except as provided in section 101 of
this Act, the amounts made available under this paragraph shall be
expended as authorized in law for the projects and activities specified
in the text and table under the heading in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
Regulatory Program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $183,000,000, to remain
available until expended: Provided, That the Secretary of the Army,
acting through the Chief of Engineers, may use up to $3,200,000 of the
funds appropriated herein to reimburse the Port of Arlington, Gillam
County, Oregon, for those direct construction costs determined by the
Secretary to have been incurred by the Port as a result of and following
issuance of the Department of the Army Regulatory Program permit for the
construction of a commercial dock and offload facility at the Port in
February 2007, including the removal of the commercial dock and offload
facility.
Formerly Utilized Sites Remedial Action Program
For expenses necessary to clean up contamination from sites in the
United States resulting from work performed as part of the Nation's
early atomic energy program, $140,000,000, to remain available until
expended.
Expenses
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters of the
United States Army Corps of Engineers, and the offices of the Division
Engineers; and for the management and operation of the Humphreys
Engineer Center Support Activity, the Institute for Water Resources, the
United States Army Engineer Research and Development Center, and the
United States Army Corps of Engineers Finance Center, $179,365,000, to
remain available until expended, of which not to exceed $5,000 may be
used for official reception and representation purposes and only during
the current fiscal year: Provided, That no part of any other
appropriation provided in title I of this Act shall be available to fund
the civil works activities of the Office of the Chief of Engineers or
the civil works executive direction and management activities of the
division offices.
[[Page 123 STAT. 605]]
office of assistant secretary of the army (civil works)
For the Office of Assistant Secretary of the Army (Civil Works) as
authorized by 10 U.S.C. 3016(b)(3), $4,500,000, to remain available
until expended.
Administrative Provision
The Revolving Fund, Corps of Engineers, shall be available during
the current fiscal year for purchase (not to exceed 100 for replacement
only) and hire of passenger motor vehicles for the civil works program.
GENERAL PROVISIONS, Corps of Engineers--Civil
Sec. 101. (a) None of the funds provided in title I of this Act, or
provided by previous appropriations Acts to the agencies or entities
funded in title I of this Act that remain available for obligation or
expenditure in fiscal year 2009, shall be available for obligation or
expenditure through a reprogramming of funds that:
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
this Act, unless prior approval is received from the House and
Senate Committees on Appropriations;
(4) proposes to use funds directed for a specific activity
for a different purpose, unless prior approval is received from
the House and Senate Committees on Appropriations;
(5) augments or reduces existing programs, projects or
activities in excess of the amounts contained in subsections 6
through 10, unless prior approval is received from the House and
Senate Committees on Appropriations;
(6) Investigations.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a limit of
$150,000 per project, study or activity is allowed: Provided,
That for a base level less than $100,000, the reprogramming
limit is $25,000; Provided further, That up to $25,000 may be
reprogrammed into any continuing study or activity that did not
receive an appropriation for existing obligations and
concomitant administrative expenses;
(7) Construction.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a limit of
$3,000,000 per project, study or activity is allowed: Provided,
That for a base level less than $2,000,000, the reprogramming
limit is $300,000: Provided further, That up to $3,000,000 may
be reprogrammed for settled contractor claims, changed
conditions, or real estate deficiency judgments: Provided
further, That up to $300,000 may be reprogrammed into any
continuing study or activity that did not receive an
appropriation for existing obligations and concomitant
administrative expenses;
(8) Operation and maintenance.--
Unlimited <<NOTE: Reprogramming authority.>> reprogramming
authority is granted in order for the Corps to be able to
respond to emergencies: <<NOTE: Notification.>> Provided, That
the Chief of Engineers must notify the House and Senate
Committees on Appropriations of these emergency actions as soon
thereafter as practicable: Provided further, That for a base
level over $1,000,000,
[[Page 123 STAT. 606]]
reprogramming of 15 percent of the base amount up to a limit of
$5,000,000 per project, study or activity is allowed: Provided
further, That for a base level less than $1,000,000, the
reprogramming limit is $150,000: Provided further, That $150,000
may be reprogrammed into any continuing study or activity that
did not receive an appropriation;
(9) Mississippi river and tributaries.--The same
reprogramming guidelines for the Investigations, Construction,
and Operation and Maintenance portions of the Mississippi River
and Tributaries Account as listed above; and
(10) Formerly utilized sites remedial action program.--
Reprogramming of up to 15 percent of the base of the receiving
project is permitted.
(b) Continuing Authorities Program.--Subsection (a)(1) shall not
apply to any project or activity funded under the continuing authorities
program.
(c) Not <<NOTE: Deadline. Reports.>> later than 60 days after the
date of enactment of this Act, the Corps of Engineers shall submit a
report to the House and Senate Committees on Appropriations to establish
the baseline for application of reprogramming and transfer authorities
for the current fiscal year: Provided, That the report shall include:
(1) A table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) A delineation in the table for each appropriation both
by object class and program, project and activity as detailed in
the budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest: Provided further, That <<NOTE: Fines.>> the amount
appropriated for salaries and expenses of the Corps of Engineers
shall be reduced by $100,000 per day for each day after the
required date that the report has not been submitted to the
Congress.
Sec. 102. None of the funds in this Act, or previous Acts, making
funds available for Energy and Water Development, shall be used to
implement any pending or future competitive sourcing actions under OMB
Circular A-76 or High Performing Organizations for the U.S. Army Corps
of Engineers.
Sec. 103. None <<NOTE: Contracts.>> of the funds made available in
this title may be used to award or modify any contract that commits an
amount for a project in excess of the amounts appropriated for that
project that remain unobligated.
Sec. 104. <<NOTE: Deadline. Reports.>> Within 90 days of the date
of the Chief of Engineers Report on a water resource matter, the
Assistant Secretary of the Army (Civil Works) shall submit the report to
the appropriate authorizing and appropriating committees of the
Congress.
Sec. 105. Water Reallocation, Lake Cumberland, Kentucky. (a) In
General.--Subject to subsection (b), none of the funds made available by
this Act may be used to carry out any water reallocation project or
component under the Wolf Creek Project, Lake Cumberland, Kentucky,
authorized under the Act of June 28, 1938 (52 Stat. 1215, ch. 795) and
the Act of July 24, 1946 (60 Stat. 636, ch. 595).
(b) Existing Reallocations.--Subsection (a) shall not apply to any
water reallocation for Lake Cumberland, Kentucky, that is carried out
subject to an agreement or payment schedule in effect on the date of
enactment of this Act.
[[Page 123 STAT. 607]]
Sec. 106. Section 121 of the Energy and Water Development
Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 2256) is amended
by striking subsection (a) and inserting the following:
``(a) Hereafter, the Secretary of the Army may carry out and fund
planning studies, watershed surveys and assessments, or technical
studies at 100 percent Federal expense to accomplish the purposes of the
2003 Biological Opinion described in section 205(b) of the Energy and
Water Development Appropriations Act, 2005 (Public Law 108-447; 118
Stat. 2949) as amended by subsection (b) or any related subsequent
biological opinion, and the collaborative program long-term
plan. <<NOTE: Consultation.>> In carrying out a study, survey, or
assessment under this subsection, the Secretary of the Army shall
consult with Federal, State, tribal and local governmental entities, as
well as entities participating in the Middle Rio Grande Endangered
Species Collaborative Program referred to in section 205 of this Act:
Provided, That the Secretary of the Army may also provide planning and
administrative assistance to the Middle Rio Grande Endangered Species
Collaborative Program, which shall not be subject to cost sharing
requirements with non-Federal interests.''.
Sec. 107. <<NOTE: Contracts.>> None of the funds in this Act, or
previous Acts, making funds available for Energy and Water Development
shall be used to award any continuing contract that commits additional
funding from the Inland Waterway Trust Fund unless or until such time
that a permanent solution to enhance revenues in the fund is enacted.
Sec. 108. <<NOTE: Study.>> The Secretary is authorized to conduct a
study of the Missouri River Projects located within the Missouri River
basin at a total cost of $25,000,000 with the express purpose to review
the original project purposes based on the Flood Control Act of 1944, as
amended, and other subsequent relevant legislation and judicial rulings
to determine if changes to the authorized project purposes and existing
Federal water resource infrastructure may be warranted: Provided, That
this study shall be undertaken at full Federal expense.
Sec. 109. Section 134 of Public Law 108-137 (117 Stat. 1842), as
amended by section 128(b) of Public Law 109-103 (119 Stat. 2260), is
further amended by striking ``$30,000,000'' wherever it appears and
inserting ``$48,300,000'' in lieu thereof.
Sec. 110. Section 101(a)(5) of the Water Resources Development Act
of 1996 (110 Stat. 3663) is amended--
(1) by inserting ``(A) In general.--'' before ``The''; and
(2) by adding at the end the following:
``(B) Credit toward non-federal share.--The
Secretary shall credit toward the non-Federal share of
the project the costs expended by non-Federal interests
for the replacement and reconstruction of the Soquel
Avenue Bridge.
``(C) Maximum amount of credit.--The credit under
paragraph (B) may not exceed $2,000,000.
``(D) Limitation of total project cost.--The
Secretary shall not include the costs to be credited
under paragraphs (B) and (C) in total project costs in
determining the amounts of the Federal and non-Federal
contributions.''.
Sec. 111. The Missouri River Levee System (MRLS) Unit L-385 Project,
Riverside, Missouri, authorized by the Flood Control Act of 1941, Public
Law 77-228, and the Flood Control Act of
[[Page 123 STAT. 608]]
1944, Public Law 78-534, is modified to direct the Secretary, acting
through the Chief of Engineers, to take such action as is necessary to
correct deficiencies in the L-385 levee system in Riverside, Missouri at
full Federal expense at a cost of no more than $7,000,000.
Sec. 112. Section 115 of the Energy and Water Development and
Related Agencies Appropriations Act, 2008 as contained in division C of
Public Law 110-161, <<NOTE: 121 Stat. 1945.>> is amended by striking
``$20,000,000. The Secretary shall transfer this facility to the
Secretary of the Interior for operation and maintenance upon the
completion of construction.'' and inserting in lieu thereof,
``$20,000,000: Provided, That the Secretary shall transfer ownership of
this facility to the Secretary of Health and Human Services for
operation and maintenance upon the completion of construction.''.
Sec. 113. Section 103(c)(7) of the Water Resources Development Act
of 1992 (106 Stat. 4811-12), as amended by section 117 of the Energy and
Water Development Appropriations Act of 2006 (119 Stat. 2255), is
further amended by striking ``15,000,000'' and inserting ``26,000,000''.
Sec. 114. Section 3118 of Public Law 110-114 (121 Stat. 1137) is
amended by--
(1) in paragraph (b) by inserting after ``New Mexico'' the
following: ``in accordance with the plans recommended in the
feasibility report for the Middle Rio Grande Bosque, New Mexico,
scheduled for completion in December 2008'';
(2) redesignating subsection (d) as subsection (e); and
(3) inserting a new subsection (d):
``(d) Cost Sharing.--Any requirement for non-Federal participation
in a project carried out in the bosque of Bernalillo County, New Mexico,
pursuant to this section shall be limited to the provision of lands,
easements, rights-of-way, relocations, and dredged material disposal
areas necessary for construction, operation and maintenance of the
project.''.
Sec. 115. The non-Federal interest for the project referenced in
section 3154 of the Water Resources Development Act of 2007 (Public Law
110-114; 121 Stat. 1148) may carry out design and construction work on
the project in advance of Federal appropriations or may provide funds
directly to the Secretary for the Secretary to carry out such
work: <<NOTE: Reimbursements.>> Provided, That the Secretary of the
Army shall reimburse the non-Federal interest for any costs incurred by
the non-Federal interest that are in excess of the non-Federal share of
total project costs subject to the availability of appropriations.
Sec. 116. <<NOTE: Colorado.>> The Colorado Department of Natural
Resources is authorized to perform modifications of the facility
(Chatfield Reservoir, Colorado), and any required mitigation which
results from implementation of the project: Provided, That in carrying
out the reassignment of storage space provided for in this section, the
Secretary shall collaborate with the Colorado Department of Natural
Resources and local interests to determine costs to be repaid for
storage that reflects the limited reliability of the resources and the
capability of non-Federal interests to make use of the reallocated
storage space in Chatfield Reservoir, Colorado.
Sec. 117. Section 117 of the Energy and Water Development and
Related Agencies Appropriations Act, 2005, as contained in division C of
Public Law 108-447, <<NOTE: 118 Stat. 2944.>> is hereby repealed.
[[Page 123 STAT. 609]]
Sec. 118. <<NOTE: Reassignment.>> The Secretary of Army, acting
through the Chief of Engineers, shall reassign the regulatory boundaries
of the Chicago District to align with the existing civil works
boundaries of the Chicago District.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah Project
Completion Act, $40,360,000, to remain available until expended, of
which $987,000 shall be deposited into the Utah Reclamation Mitigation
and Conservation Account for use by the Utah Reclamation Mitigation and
Conservation Commission. In addition, for necessary expenses incurred in
carrying out related responsibilities of the Secretary of the Interior,
$1,640,000, to remain available until expended. For fiscal year 2009,
the Commission may use an amount not to exceed $1,500,000 for
administrative expenses.
Bureau of Reclamation
The following appropriations shall be expended to execute authorized
functions of the Bureau of Reclamation:
Water and Related Resources
(including transfers of funds)
For management, development, and restoration of water and related
natural resources and for related activities, including the operation,
maintenance, and rehabilitation of reclamation and other facilities,
participation in fulfilling related Federal responsibilities to Native
Americans, and related grants to, and cooperative and other agreements
with, State and local governments, federally recognized Indian tribes,
and others, $920,259,000, to remain available until expended, of which
$46,655,000 shall be available for transfer to the Upper Colorado River
Basin Fund and $24,962,000 shall be available for transfer to the Lower
Colorado River Basin Development Fund; of which such amounts as may be
necessary may be advanced to the Colorado River Dam Fund; of which not
more than $500,000 is for high priority projects which shall be carried
out by the Youth Conservation Corps, as authorized by 16 U.S.C. 1706:
Provided, That such transfers may be increased or decreased within the
overall appropriation under this heading: Provided further, That of the
total appropriated, the amount for program activities that can be
financed by the Reclamation Fund or the Bureau of Reclamation special
fee account established by 16 U.S.C. 460l-6a(i) shall be derived from
that Fund or account: Provided further, That funds contributed under 43
U.S.C. 395 are available until expended for the purposes for which
contributed: Provided further, That funds advanced under 43 U.S.C. 397a
shall be credited to this account and are available until expended for
the same purposes as the sums appropriated under this heading: Provided
further,
[[Page 123 STAT. 610]]
That funds available for expenditure for the Departmental Irrigation
Drainage Program may be expended by the Bureau of Reclamation for site
remediation on a nonreimbursable basis: Provided further, That funds
provided for the Friant-Kern and Madera Canals improvements may be
expended on a non-reimbursable basis: Provided further, That $4,000,000
of the funds appropriated under this heading shall be deposited in the
San Gabriel Basin Restoration Fund established by section 110 of title I
of appendix D of Public Law 106-554: Provided further, That, except as
provided in section 201 of this Act, the amounts made available under
this paragraph shall be expended as authorized in law for the projects
and activities specified in the text and table under this heading in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
Central Valley Project Restoration Fund
For carrying out the programs, projects, plans, habitat restoration,
improvement, and acquisition provisions of the Central Valley Project
Improvement Act, $56,079,000, to be derived from such sums as may be
collected in the Central Valley Project Restoration Fund pursuant to
sections 3407(d), 3404(c)(3), 3405(f), and 3406(c)(1) of Public Law 102-
575, to remain available until expended: Provided, That the Bureau of
Reclamation is directed to assess and collect the full amount of the
additional mitigation and restoration payments authorized by section
3407(d) of Public Law 102-575: Provided further, That none of the funds
made available under this heading may be used for the acquisition or
leasing of water for in-stream purposes if the water is already
committed to in-stream purposes by a court adopted decree or order.
California Bay-Delta Restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with plans to
be approved by the Secretary of the Interior, $40,000,000, to remain
available until expended, of which such amounts as may be necessary to
carry out such activities may be transferred to appropriate accounts of
other participating Federal agencies to carry out authorized purposes:
Provided, That funds appropriated herein may be used for the Federal
share of the costs of CALFED Program management: Provided further, That
the use of any funds provided to the California Bay-Delta Authority for
program-wide management and oversight activities shall be subject to the
approval of the Secretary of the Interior: Provided further, That CALFED
implementation shall be carried out in a balanced manner with clear
performance measures demonstrating concurrent progress in achieving the
goals and objectives of the Program.
policy and administration
(including transfer of funds)
For necessary expenses of policy, administration, and related
functions in the Office of the Commissioner, the Denver office, and
offices in the five regions of the Bureau of Reclamation, to remain
available until expended, $59,400,000, to be derived from
[[Page 123 STAT. 611]]
the Reclamation Fund and be nonreimbursable as provided in 43 U.S.C.
377: Provided, That no part of any other appropriation in this Act shall
be available for activities or functions budgeted as policy and
administration expenses: <<NOTE: Transfer date. Budget plan.>> Provided
further, That, of the funds provided under this heading, $10,000,000
shall be transferred to ``Water and Related Resources'' upon the
expiration of the 90-day period following the date of enactment of this
Act if during such period, the Secretary of the Interior has not
submitted to the Committees on Appropriations of the House of
Representatives and the Senate the Bureau of Reclamation's five-year
budget plan.
ADMINISTRATIVE PROVISION
Appropriations for the Bureau of Reclamation shall be available for
purchase of not to exceed seven passenger motor vehicles, which are for
replacement only.
General Provisions, Department of the Interior
Sec. 201. (a) None of the funds provided in title II of this Act for
Water and Related Resources, or provided by previous appropriations Acts
to the agencies or entities funded in title II of this Act for Water and
Related Resources that remain available for obligation or expenditure in
fiscal year 2009, shall be available for obligation or expenditure
through a reprogramming of funds that--
(1) initiates or creates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by this Act,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the Senate;
(4) restarts or resumes any program, project or activity for
which funds are not provided in this Act, unless prior approval
is received from the Committees on Appropriations of the House
of Representatives and the Senate;
(5) transfers funds in excess of the following limits,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the Senate:
(A) 15 percent for any program, project or activity
for which $2,000,000 or more is available at the
beginning of the fiscal year; or
(B) $300,000 for any program, project or activity
for which less than $2,000,000 is available at the
beginning of the fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program,
project, or activity in the other category, unless prior
approval is received from the Committees on Appropriations of
the House of Representatives and the Senate; or
(7) transfers, where necessary to discharge legal
obligations of the Bureau of Reclamation, more than $5,000,000
to provide adequate funds for settled contractor claims,
increased contractor earnings due to accelerated rates of
operations, and real estate deficiency judgments, unless prior
approval is
[[Page 123 STAT. 612]]
received from the Committees on Appropriations of the House of
Representatives and the Senate.
(b) Subsection (a)(5) shall not apply to any transfer of funds
within the Facilities Operation, Maintenance, and Rehabilitation
category.
(c) For <<NOTE: Definition.>> purposes of this section, the term
``transfer'' means any movement of funds into or out of a program,
project, or activity.
(d) The <<NOTE: Reports. Deadlines.>> Bureau of Reclamation shall
submit reports on a quarterly basis to the Committees on Appropriations
of the House of Representatives and the Senate detailing all the funds
reprogrammed between programs, projects, activities, or categories of
funding. <<NOTE: Deadline.>> The first quarterly report shall be
submitted not later than 60 days after the date of enactment of this
Act.
Sec. 202. (a) <<NOTE: California. Drainage plan.>> None of the
funds appropriated or otherwise made available by this Act may be used
to determine the final point of discharge for the interceptor drain for
the San Luis Unit until development by the Secretary of the Interior and
the State of California of a plan, which shall conform to the water
quality standards of the State of California as approved by the
Administrator of the Environmental Protection Agency, to minimize any
detrimental effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and the
costs of the San Joaquin Valley Drainage Program shall be classified by
the Secretary of the Interior as reimbursable or nonreimbursable and
collected until fully repaid pursuant to the ``Cleanup Program-
Alternative Repayment Plan'' and the ``SJVDP-Alternative Repayment
Plan'' described in the report entitled ``Repayment Report, Kesterson
Reservoir Cleanup Program and San Joaquin Valley Drainage Program,
February 1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United States
relating to, or providing for, drainage service or drainage studies for
the San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal reclamation
law.
Sec. 203. <<NOTE: New Mexico.>> None of the funds appropriated or
otherwise made available by this or any other Act may be used to pay the
salaries and expenses of personnel to purchase or lease water in the
Middle Rio Grande or the Carlsbad Projects in New Mexico unless said
purchase or lease is in compliance with the purchase requirements of
section 202 of Public Law 106-60.
Sec. 204. Funds under this title for Drought Emergency Assistance
shall be made available primarily for leasing of water for specified
drought related purposes from willing lessors, in compliance with
existing State laws and administered under State water priority
allocation.
Sec. 205. <<NOTE: Grants. Contracts.>> The Secretary of the
Interior, acting through the Commissioner of the Bureau of Reclamation,
is authorized to enter into grants, cooperative agreements, and other
agreements with irrigation or water districts and States to fund up to
50 percent of the cost of planning, designing, and constructing
improvements that will conserve water, increase water use efficiency, or
enhance water management through measurement or automation, at existing
water supply projects within the States identified in the Act of June
17, 1902, as amended, and supplemented: Provided, That when such
improvements are to federally owned facilities, such funds may be
provided in advance on a nonreimbursable basis to an entity operating
affected transferred works or may
[[Page 123 STAT. 613]]
be deemed nonreimbursable for nontransferred works: Provided further,
That the calculation of the non-Federal contribution shall provide for
consideration of the value of any in-kind contributions, but shall not
include funds received from other Federal agencies: Provided further,
That the cost of operating and maintaining such improvements shall be
the responsibility of the non-Federal entity: Provided further, That
this section shall not supercede any existing project-specific funding
authority: <<NOTE: Grants. Contracts.>> Provided further, That the
Secretary is also authorized to enter into grants or cooperative
agreements with universities or nonprofit research institutions to fund
water use efficiency research.
Sec. 206. (a) Section 209 of the Energy and Water Development
Appropriations Act, 2004 (Public Law 108-137; 117 Stat. 1850) is
repealed.
(b) The <<NOTE: Establishment.>> Secretary of the Interior
(referred to in this section as the ``Secretary'') shall establish and
maintain an Executive Committee of the Middle Rio Grande Endangered
Species Collaborative Program (referred to in this section as the
``Executive Committee'') consistent with the bylaws of the Middle Rio
Grande Endangered Species Collaborative Program adopted on October 2,
2006.
(c) Hereafter, in compliance with applicable Federal and State laws,
the Secretary (acting through the Commissioner of Reclamation), in
collaboration with the Executive Committee, may enter into any grants,
contracts, cooperative agreements, interagency agreements, or other
agreements that the Secretary determines to be necessary to comply with
the 2003 Biological Opinion described in section 205(b) of the Energy
and Water Development Appropriations Act, 2005 (Public Law 108-447; 118
Stat. 2949) as amended by section 121(b) of the Energy and Water
Development Appropriations Act, 2006 (Public Law 109-103; 119 Stat.
2256) or any related subsequent biological opinion or in furtherance of
the objectives set forth in the collaborative program long-term plan.
(d)(1) The acquisition of water under subsection (c) and any
administrative costs associated with carrying out subsection (c) shall
be at full Federal expense.
(2) Not more than 15 percent of amounts appropriated to carry out
subsection (c) shall be made available for the payment of administrative
expenses associated with carrying out that subsection.
(e)(1) The non-Federal share of activities carried out under
subsection (c) (other than an activity or a cost described in subsection
(d)(1)) shall be 25 percent. The non-Federal cost share shall be
determined on a programmatic, rather than a project-by-project basis.
(2) The non-Federal share required under paragraph (1) may be in the
form of in-kind contributions, the value of which shall be determined by
the Secretary in consultation with the executive committee.
(f) Nothing in this section modifies or expands the discretion of
the Secretary with respect to operating reservoir facilities under the
jurisdiction of the Secretary in the Rio Grande Valley, New Mexico.
Sec. 207. Section 208 of the Energy and Water Development and
Related Agencies Appropriations Act, 2008 (Public Law 110-161; 121 Stat.
1953) is amended--
(1) in subsection (a)--
[[Page 123 STAT. 614]]
(A) in paragraph (2)(B), by inserting ``, as
determined by the nonprofit conservation organization''
after ``Lake''; and
(B) in paragraph (4), by striking ``retirement of
water rights'' and all that follows through the
semicolon at the end and inserting ``retirement of water
rights;''; and
(2) in subsection (b), by striking ``June 30, 2010'' and
inserting ``June 30, 2012''.
Sec. 208. <<NOTE: Nevada.>> Notwithstanding any other provision of
law, of amounts made available under section 2507 of the Farm Security
and Rural Investment Act of 2002 (43 U.S.C. 2211 note; Public Law 107-
171), the Secretary of the Interior acting through the Commissioner of
Reclamation, shall allocate--
(1) $300,000 to the Desert Research Institute for LIDAR
acquisition data in the Walker River Basin, to supplement water
rights research and data funded under section 208(a)(1) of the
Energy and Water Development Appropriations Act, 2006 (Public
Law 109-103; 119 Stat. 2268); and
(2) $300,000 <<NOTE: Fish and fishing.>> to the Director of
the United States Fish and Wildlife Service to conduct a
multiyear assessment of and monitoring of the ability of west
central Nevada lakes to support migratory loons, and
identification of wintering areas and annual range of loons
using Walker Lake during migration.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy efficiency and renewable energy activities
in carrying out the purposes of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility
acquisition, construction, or expansion, and the purchase of not to
exceed two passenger vehicles for replacement, $1,928,540,000, to remain
available until expended: Provided, That, of the amount appropriated in
this paragraph, $228,803,380 shall be used for projects specified in the
table that appears under the heading ``Congressionally Directed Energy
Efficiency and Renewable Energy Projects'' in the text and table under
this heading in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
Electricity Delivery and Energy Reliability
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for electricity delivery and energy reliability
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $137,000,000, to
remain available until expended: Provided, That,
[[Page 123 STAT. 615]]
of the amount appropriated in this paragraph, $19,648,475 shall be used
for projects specified in the table that appears under the heading
``Congressionally Directed Electricity Delivery and Energy Reliability
Projects'' in the text and table under this heading in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).
Nuclear Energy
(including transfer of funds)
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for nuclear energy activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real property or
any facility or for plant or facility acquisition, construction, or
expansion, and the purchase of not to exceed 29 passenger motor
vehicles, including three new buses and 26 replacement vehicles,
including one ambulance, $792,000,000, to remain available until
expended: Provided, That, of the amount appropriated in this paragraph,
$2,854,500 shall be used for projects specified in the table that
appears under the heading ``Congressionally Directed Nuclear Energy
Projects'' in the text and table under this heading in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).
Clean Coal Technology
(including transfer of funds)
Of the funds made available under this heading for obligation in
prior years, $149,000,000 of uncommitted balances are transferred to
Fossil Energy Research and Development to be used until expended:
Provided, That funds made available in previous appropriations Acts
shall be made available for any ongoing project regardless of the
separate request for proposal under which the project was selected.
Fossil Energy Research and Development
(including transfer of funds)
For necessary expenses in carrying out fossil energy research and
development activities, under the authority of the Department of Energy
Organization Act (Public Law 95-91), including the acquisition of
interest, including defeasible and equitable interests in any real
property or any facility or for plant or facility acquisition or
expansion, and for conducting inquiries, technological investigations
and research concerning the extraction, processing, use, and disposal of
mineral substances without objectionable social and environmental costs
(30 U.S.C. 3, 1602, and 1603), $876,320,000, to remain available until
expended, of which $149,000,000 shall be derived by transfer from
``Clean Coal Technology'': Provided, That of the amounts provided,
$288,174,000 is available for the Clean Coal Power Initiative Round III
solicitation, pursuant to title IV of the Public Law 109-58: Provided
further, That funds appropriated for prior solicitations under the Clean
Coal Technology Program, Power Plant Improvement Initiative, Clean Coal
Power
[[Page 123 STAT. 616]]
Initiative, and FutureGen, but not required by the Department to meet
its obligations on projects selected under such solicitations, may be
utilized for the Clean Coal Power Initiative Round III solicitation
under this Act in accordance with the requirements of this Act rather
than the Acts under which the funds were appropriated: Provided further,
That no Clean Coal Power Initiative project may be selected for which
full funding is not available to provide for the total
project: <<NOTE: Deadline. 42 USC 15965.>> Provided further, That if a
Clean Coal Power Initiative project selected after enactment of this
legislation for negotiation under this or any other Act in any fiscal
year, is not awarded within 2 years from the date the application was
selected, negotiations shall cease and the Federal funds committed to
the application shall be retained by the Department for future coal-
related research, development and demonstration projects, except that
the time limit may be extended at the Secretary's discretion for matters
outside the control of the applicant, or if the Secretary determines
that extension of the time limit is in the public interest: Provided
further, That the Secretary may not delegate this responsibility for
applications greater than $10,000,000: Provided further, That financial
assistance for costs in excess of those estimated as of the date of
award of original Clean Coal Power Initiative financial assistance may
not be provided in excess of the proportion of costs borne by the
Government in the original agreement and shall be limited to 25 percent
of the original financial assistance: Provided further, That funds shall
be expended in accordance with the provisions governing the use of funds
contained under the heading ``Clean Coal Technology'' in 42 U.S.C. 5903d
as well as those contained under the heading ``Clean Coal Technology''
in prior appropriations: Provided further, That any technology selected
under these programs shall be considered a Clean Coal Technology, and
any project selected under these programs shall be considered a Clean
Coal Technology Project, for the purposes of 42 U.S.C. 7651n, and
chapters 51, 52, and 60 of title 40 of the Code of Federal Regulations:
Provided further, That funds available for the Clean Coal Power
Initiative Round III Funding Opportunity Announcement may be used to
support any technology that meets the requirements of the Round III
Announcement relating to carbon capture and storage or other beneficial
uses of CO<INF>2</INF>, without regard to the 70 and 30 percent funding
allocations specified in section 402(b)(1)(A) and 402(b)(2)(A) of Public
Law 109-58: Provided further, That no part of the sum herein made
available shall be used for the field testing of nuclear explosives in
the recovery of oil and gas: Provided further, That, of the amount
appropriated in this paragraph, $43,864,150 shall be used for projects
specified in the table that appears under the heading ``Congressionally
Directed Fossil Energy Projects'' in the text and table under this
heading in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
Naval Petroleum and Oil Shale Reserves
For expenses necessary to carry out naval petroleum and oil shale
reserve activities, including the hire of passenger motor vehicles,
$19,099,000, to remain available until expended: Provided, That,
notwithstanding any other provision of law, unobligated funds
[[Page 123 STAT. 617]]
remaining from prior years shall be available for all naval petroleum
and oil shale reserve activities.
Strategic Petroleum Reserve
For necessary expenses for Strategic Petroleum Reserve facility
development and operations and program management activities pursuant to
the Energy Policy and Conservation Act of 1975, as amended (42 U.S.C.
6201 et seq.), $205,000,000, to remain available until expended, of
which $31,507,000 shall be provided to initiate new site expansion
activities, beyond land acquisition, consistent with the budget
request: <<NOTE: Reports. Deadline.>> Provided, That none of the funds
provided for new site expansion activities may be obligated or expended
for authorized activities until the Secretary has submitted a report to
the Congress on the effects of expansion of the Reserve on the domestic
petroleum market, which is required to be submitted within 45 days of
enactment of this Act.
Northeast Home Heating Oil Reserve
For necessary expenses for Northeast Home Heating Oil Reserve
storage, operation, and management activities pursuant to the Energy
Policy and Conservation Act, $9,800,000, to remain available until
expended.
Energy Information Administration
For necessary expenses in carrying out the activities of the Energy
Information Administration, $110,595,000, to remain available until
expended.
Non-Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for non-defense environmental cleanup activities in
carrying out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of
any real property or any facility or for plant or facility acquisition,
construction, or expansion, $261,819,000, to remain available until
expended: <<NOTE: Contracts.>> Provided, That the appropriation
includes funds for environmental remediation activities associated with
the Energy Technology and Engineering Center (ETEC) at the Santa Susana
Field Laboratory (SSFL), subject to the following: (1) the Department
shall use a portion of this funding to enter into an interagency
agreement with the Environmental Protection Agency (EPA) regarding a
comprehensive radioactive site characterization of Area IV of the SSFL
and (2) the Department shall provide the amount required by EPA for the
radioactive site characterization in fiscal year 2009 from within the
available funds: Provided further, That of the amounts provided,
$5,000,000 is available for necessary expenses for the purpose of
carrying out remedial actions under this title at real property in the
vicinity of the Tuba City processing site designated in section
102(a)(1), of the Uranium Mill Tailings Radiation Control Act of 1978
(Public Law 95-604, as amended; 42 U.S.C. 7901, et seq.),
notwithstanding section 112 of that Act, at a dump site immediately
adjacent to the north-northwest section of the Tuba City processing
site, and
[[Page 123 STAT. 618]]
on the north side of Highway 160: Provided further, That, of the amount
appropriated in this paragraph, $4,757,500 shall be used for projects
specified in the table that appears under the heading ``Congressionally
Directed Non-Defense Environmental Cleanup Projects'' in the text and
table under this heading in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act).
Uranium Enrichment Decontamination and Decommissioning Fund
For necessary expenses in carrying out uranium enrichment facility
decontamination and decommissioning, remedial actions, and other
activities of title II of the Atomic Energy Act of 1954, and title X,
subtitle A, of the Energy Policy Act of 1992, $535,503,000, to be
derived from the Uranium Enrichment Decontamination and Decommissioning
Fund, to remain available until expended, of which $10,000,000 shall be
available in accordance with title X, subtitle A, of the Energy Policy
Act of 1992.
Science
For Department of Energy expenses including the purchase,
construction and acquisition of plant and capital equipment, and other
expenses necessary for science activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not to exceed 49 passenger motor vehicles for
replacement only, including one law enforcement vehicle, one ambulance,
and three buses, $4,772,636,000, to remain available until expended:
Provided, That, of the amount appropriated in this paragraph,
$93,686,593 shall be used for projects specified in the table that
appears under the heading ``Congressionally Directed Science Projects''
in the text and table under this heading in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
Nuclear Waste <<NOTE: Nevada.>> Disposal
For nuclear waste disposal activities to carry out the purposes of
the Nuclear Waste Policy Act of 1982, Public Law 97-425, as amended (the
``NWPA''), including the acquisition of real property or facility
construction or expansion, $145,390,000, to remain available until
expended, and to be derived from the Nuclear Waste Fund: Provided, That
of the funds made available in this Act for Nuclear Waste Disposal,
$5,000,000 shall be provided to the Office of the Attorney General of
the State of Nevada solely for expenditures, other than salaries and
expenses of State employees, to conduct scientific oversight
responsibilities and participate in licensing activities pursuant to the
Act: Provided further, That notwithstanding the lack of a written
agreement with the State of Nevada under section 117(c) of the NWPA,
$1,000,000 shall be provided to Nye County, Nevada, for on-site
oversight activities under section 117(d) of that Act: Provided further,
That $9,000,000 shall be provided to affected units of local government,
as defined in the NWPA, to conduct appropriate activities and
participate in licensing activities: <<NOTE: California.>> Provided
further, That of the $9,000,000
[[Page 123 STAT. 619]]
provided 7.5 percent of the funds provided shall be made available to
affected units of local government in California with the balance made
available to affected units of local government in Nevada for
distribution as determined by the Nevada units of local government:
Provided further, That this funding shall be provided to affected units
of local government, as defined in the NWPA: <<NOTE: Native
Americans.>> Provided further, That $500,000 shall be provided to the
Timbisha-Shoshone Tribe solely for expenditures, other than salaries and
expenses of tribal employees, to conduct appropriate activities and
participate in licensing activities under section 118(b) of the NWPA:
Provided further, That notwithstanding the provisions of chapters 65 and
75 of title 31, United States Code, the Department shall have no
monitoring, auditing or other oversight rights or responsibilities over
amounts provided to affected units of local government: Provided
further, That the funds for the State of Nevada shall be made available
solely to the Office of the Attorney General by direct payment and to
units of local government by direct payment: Provided further,
That <<NOTE: Deadline. Certification.>> within 90 days of the
completion of each Federal fiscal year, the Office of the Attorney
General of the State of Nevada and each of the affected units of local
government shall provide certification to the Department of Energy that
all funds expended from such payments have been expended for activities
authorized by the NWPA and this Act: Provided further, That failure to
provide such certification shall cause such entity to be prohibited from
any further funding provided for similar activities: Provided further,
That <<NOTE: Lobbying.>> none of the funds herein appropriated may be:
(1) used directly or indirectly to influence legislative action, except
for normal and recognized executive-legislative communications, on any
matter pending before Congress or a State legislature or for lobbying
activity as provided in 18 U.S.C. 1913; (2) used for litigation
expenses; or (3) used to support multi-State efforts or other coalition
building activities inconsistent with the restrictions contained in this
Act: Provided further, That all proceeds and recoveries realized by the
Secretary in carrying out activities authorized by the NWPA, including
but not limited to, any proceeds from the sale of assets, shall be
available without further appropriation and shall remain available until
expended: Provided further, That no funds provided in this Act or any
previous Act may be used to pursue repayment or collection of funds
provided in any fiscal year to affected units of local government for
oversight activities that had been previously approved by the Department
of Energy, or to withhold payment of any such funds: Provided further,
That, of the amount appropriated in this paragraph, $1,855,425 shall be
used for projects specified in the table that appears under the heading
``Congressionally Directed Nuclear Waste Disposal Projects'' in the text
and table under this heading in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act).
Title 17 Innovative Technology Loan Guarantee Program
Subject to section 502 of the Congressional Budget Act of 1974,
commitments to guarantee loans under title XVII of the Energy Policy Act
of 2005, shall not exceed a total principal amount of $47,000,000,000
for eligible projects, to remain available until committed, and of which
$18,500,000,000 shall be for nuclear power facilities: Provided, That
these amounts are in addition to the
[[Page 123 STAT. 620]]
authority provided under section 20320 of Division B of Public Law 109-
289, as amended by Public Law 110-5: Provided further, That such sums as
are derived from amounts received from borrowers pursuant to section
1702(b)(2) of the Energy Policy Act of 2005 under this heading in this
and prior Acts, shall be collected in accordance with section 502(7) of
the Congressional Budget Act of 1974: Provided further, That the source
of such payment received from borrowers is not a loan or other debt
obligation that is guaranteed by the Federal Government: Provided
further, That pursuant to section 1702(b)(2) of the Energy Policy Act of
2005, no appropriations are available to pay the subsidy cost of such
guarantees: Provided further, That for necessary administrative expenses
to carry out this Loan Guarantee program, $19,880,000 is appropriated,
to remain available until expended: Provided further, That $19,880,000
of the fees collected pursuant to section 1702(h) of the Energy Policy
Act of 2005 shall be credited as offsetting collections to this account
to cover administrative expenses and shall remain available until
expended, so as to result in a final fiscal year 2009 appropriations
from the general fund estimated at not more than $0: <<NOTE: Effective
date. Implementation plan.>> Provided further, That none of the funds
made available in this Act shall be available for the execution of a new
solicitation with respect to such guaranteed loans until 30 days after
the Department of Energy has submitted to the Committees on
Appropriations of the House of Representatives and the Senate a loan
guarantee implementation plan that defines the proposed award levels and
eligible technologies: Provided further, That none of the loan guarantee
authority made available in this Act shall be available for commitments
to guarantee loans for any projects where funds, personnel, or property
(tangible or intangible) of any Federal agency, instrumentality,
personnel or affiliated entity are expected to be used (directly or
indirectly) through acquisitions, contracts, demonstrations, exchanges,
grants, incentives, leases, procurements, sales, other transaction
authority, or other arrangements, to support the project or to obtain
goods or services from the project: Provided further, That the previous
proviso shall not be interpreted as precluding the use of the loan
guarantee authority in this Act for commitments to guarantee loans for
projects as a result of such projects benefiting from (a) otherwise
allowable Federal income tax benefits; (b) being located on Federal land
pursuant to a lease or right-of-way agreement for which all
consideration for all uses is (i) paid exclusively in cash, (ii)
deposited in the Treasury as offsetting receipts, and (iii) equal to the
fair market value as determined by the head of the relevant Federal
agency; (c) Federal insurance programs, including Price-Anderson; or (d)
for electric generation projects, use of transmission facilities owned
or operated by a Federal Power Marketing Administration or the Tennessee
Valley Authority that have been authorized, approved, and financed
independent of the project receiving the guarantee: Provided further,
That <<NOTE: Certification.>> none of the loan guarantee authority made
available in this Act shall be available for any project unless the
Director of the Office of Management and Budget has certified in advance
in writing that the loan guarantee and the project comply with the
provisions under this title.
[[Page 123 STAT. 621]]
Departmental Administration
(including transfer of funds)
For salaries and expenses of the Department of Energy necessary for
departmental administration in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the hire of passenger motor vehicles and official reception
and representation expenses not to exceed $30,000, $272,643,000, to
remain available until expended, plus such additional amounts as
necessary to cover increases in the estimated amount of cost of work for
others notwithstanding the provisions of the Anti-Deficiency Act (31
U.S.C. 1511 et seq.): Provided, That such increases in cost of work are
offset by revenue increases of the same or greater amount, to remain
available until expended: Provided further, That moneys received by the
Department for miscellaneous revenues estimated to total $117,317,000 in
fiscal year 2009 may be retained and used for operating expenses within
this account, and may remain available until expended, as authorized by
section 201 of Public Law 95-238, notwithstanding the provisions of 31
U.S.C. 3302: Provided further, That the sum herein appropriated shall be
reduced by the amount of miscellaneous revenues received during 2009,
and any related appropriated receipt account balances remaining from
prior years' miscellaneous revenues, so as to result in a final fiscal
year 2009 appropriation from the general fund estimated at not more than
$155,326,000.
Office of the Inspector General
For necessary expenses of the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $51,927,000, to remain available until expended.
ATOMIC ENERGY DEFENSE ACTIVITIES
National Nuclear Security Administration
Weapons Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense weapons
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, the purchase of not to
exceed two passenger motor vehicles, and one ambulance; $6,380,000,000,
to remain available until expended: Provided, That $19,300,000 is
authorized to be appropriated for the 09-D-007 LANSCE Refurbishment,
PED, Los Alamos National Laboratory, Los Alamos, New Mexico: Provided
further, That, of the amount appropriated in this paragraph, $22,836,000
shall be used for projects specified in the table that appears under the
heading ``Congressionally Directed Weapons Activities Projects'' in the
text and table under this heading in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act).
[[Page 123 STAT. 622]]
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for defense nuclear nonproliferation
activities, in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, and the purchase of
not to exceed one passenger motor vehicle for replacement only,
$1,482,350,000, to remain available until expended: Provided, That, of
the amount appropriated in this paragraph, $1,903,000 shall be used for
projects specified under the heading ``Congressionally Directed Defense
Nuclear Nonproliferation Projects'' in the text and table under this
heading in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
Naval Reactors
For Department of Energy expenses necessary for naval reactors
activities to carry out the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, $828,054,000, to
remain available until expended.
Office of the Administrator
For necessary expenses of the Office of the Administrator in the
National Nuclear Security Administration, including official reception
and representation expenses not to exceed $12,000, $439,190,000, to
remain available until expended: Provided, That, of the amount
appropriated in this paragraph, $23,311,750 shall be used for the
projects specified in the table that appears under the heading
``Congressionally Directed Office of the Administrator (NNSA) Projects''
in the text and table under this heading in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
(including transfer of funds)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, and the purchase of
not to exceed four ambulances and three passenger motor vehicles for
replacement only, $5,657,250,000, to remain available until expended, of
which $463,000,000 shall be transferred to the ``Uranium Enrichment
Decontamination and Decommissioning Fund'': Provided, That, of the
amount appropriated in this
[[Page 123 STAT. 623]]
paragraph, $17,908,391 shall be used for projects specified in the table
that appears under the heading ``Congressionally Directed Defense
Environmental Cleanup Projects'' in the text and table under this
heading in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses, necessary for atomic energy defense, other defense activities,
and classified activities, in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, and the purchase of not to exceed 10 passenger motor vehicles
for replacement only, $1,314,063,000, to remain available until
expended: Provided, That of the funds provided herein, $487,008,000 is
for project 99-D-143 Mixed Oxide Fuel Fabrication Facility, Savannah
River Site, South Carolina: Provided further, That the Department of
Energy adhere strictly to Department of Energy Order 413.3A for Project
99-D-143: Provided further, That, of the amount appropriated in this
paragraph, $999,075 shall be used for projects specified in the table
that appears under the heading ``Congressionally Directed Other Defense
Activities Projects'' in the text and table under this heading in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
Defense Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the purposes of
Public Law 97-425, as amended, including the acquisition of real
property or facility construction or expansion, $143,000,000, to remain
available until expended.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for official
reception and representation expenses in an amount not to exceed $1,500.
During fiscal year 2009, no new direct loan obligations may be made.
Operation and Maintenance, Southeastern Power Administration
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy,
including transmission wheeling and ancillary services pursuant to
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied
to the southeastern power area, $7,420,000, to remain available until
expended: Provided, That, notwithstanding 31 U.S.C. 3302, up to
$49,520,000 collected by the Southeastern Power Administration pursuant
to the Flood Control Act of 1944 to recover
[[Page 123 STAT. 624]]
purchase power and wheeling expenses shall be credited to this account
as offsetting collections, to remain available until expended for the
sole purpose of making purchase power and wheeling expenditures.
Operation and Maintenance, Southwestern Power Administration
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy, for
construction and acquisition of transmission lines, substations and
appurtenant facilities, and for administrative expenses, including
official reception and representation expenses in an amount not to
exceed $1,500 in carrying out section 5 of the Flood Control Act of 1944
(16 U.S.C. 825s), as applied to the Southwestern Power Administration,
$28,414,000, to remain available until expended: Provided, That,
notwithstanding 31 U.S.C. 3302, up to $35,000,000 collected by the
Southwestern Power Administration pursuant to the Flood Control Act of
1944 to recover purchase power and wheeling expenses shall be credited
to this account as offsetting collections, to remain available until
expended for the sole purpose of making purchase power and wheeling
expenditures.
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
related activities including conservation and renewable resources
programs as authorized, including official reception and representation
expenses in an amount not to exceed $1,500; $218,346,000, to remain
available until expended, of which $208,642,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That of the
amount herein appropriated, $7,342,000 is for deposit into the Utah
Reclamation Mitigation and Conservation Account pursuant to title IV of
the Reclamation Projects Authorization and Adjustment Act of 1992:
Provided further, That notwithstanding the provision of 31 U.S.C. 3302,
up to $403,118,000 collected by the Western Area Power Administration
pursuant to the Flood Control Act of 1944 and the Reclamation Project
Act of 1939 to recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain available
until expended for the sole purpose of making purchase power and
wheeling expenditures.
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $2,959,000, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
Administration, as provided in section 423 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
[[Page 123 STAT. 625]]
Federal Energy Regulatory Commission
Salaries and Expenses
For necessary expenses of the Federal Energy Regulatory Commission
to carry out the provisions of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including services as authorized by 5 U.S.C.
3109, the hire of passenger motor vehicles, and official reception and
representation expenses not to exceed $3,000, $273,400,000, to remain
available until expended: Provided, That notwithstanding <<NOTE: 42 USC
7171 note.>> any other provision of law, not to exceed $273,400,000 of
revenues from fees and annual charges, and other services and
collections in fiscal year 2009 shall be retained and used for necessary
expenses in this account, and shall remain available until expended:
Provided further, That the sum herein appropriated from the general fund
shall be reduced as revenues are received during fiscal year 2009 so as
to result in a final fiscal year 2009 appropriation from the general
fund estimated at not more than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
Sec. 301. <<NOTE: Waiver authority.>> Contract Competition. (a)
None of the funds in this or any other appropriations Act for fiscal
year 2009 or any previous fiscal year may be used to make payments for a
noncompetitive management and operating contract, or a contract for
environmental remediation or waste management in excess of $100,000,000
in annual funding at a current or former management and operating
contract site or facility, or to award a significant extension or
expansion to an existing management and operating contract, or other
contract covered by this section, unless such contract is awarded using
competitive procedures or the Secretary of Energy grants, on a case-by-
case basis, a waiver to allow for such a deviation. The Secretary may
not delegate the authority to grant such a waiver.
(b) Within <<NOTE: Deadline. Notification. Reports.>> 30 days of
formally notifying an incumbent contractor that the Secretary intends to
grant such a waiver, the Secretary shall submit to the Subcommittees on
Energy and Water Development of the Committees on Appropriations of the
House of Representatives and the Senate a report notifying the
Subcommittees of the waiver and setting forth, in specificity, the
substantive reasons why the Secretary believes the requirement for
competition should be waived for this particular award.
(c) In this section the term ``competitive procedures'' has the
meaning provided in section 4 of the Office of Federal Procurement
Policy Act (41 U.S.C. 403) and includes procedures described in section
303 of the Federal Property and Administrative Services Act of 1949 (41
U.S.C. 253) other than a procedure that solicits a proposal from only
one source.
Sec. 302. Unfunded Requests for Proposals. None of the funds
appropriated by this Act may be used to prepare or initiate Requests For
Proposals (RFPs) for a program if the program has not been funded by
Congress.
Sec. 303. Department of Energy Defense Nuclear Facilities Workforce
Restructuring. None of the funds appropriated by this Act may be used--
(1) to augment the funds made available for obligation by
this Act for severance payments and other benefits and
[[Page 123 STAT. 626]]
community assistance grants under section 4604 of the Atomic
Energy Defense Act (50 U.S.C. 2704) unless the Department of
Energy submits a reprogramming request to the appropriate
congressional committees; or
(2) to provide enhanced severance payments or other benefits
for employees of the Department of Energy under such section; or
(3) develop or implement a workforce restructuring plan that
covers employees of the Department of Energy.
Sec. 304. Unexpended Balances. The unexpended balances of prior
appropriations provided for activities in this Act may be available to
the same appropriation accounts for such activities established pursuant
to this title. Available balances may be merged with funds in the
applicable established accounts and thereafter may be accounted for as
one fund for the same time period as originally enacted.
Sec. 305. <<NOTE: Certification.>> Bonneville Power Authority
Service Territory. None of the funds in this or any other Act for the
Administrator of the Bonneville Power Administration may be used to
enter into any agreement to perform energy efficiency services outside
the legally defined Bonneville service territory, with the exception of
services provided internationally, including services provided on a
reimbursable basis, unless the Administrator certifies in advance that
such services are not available from private sector businesses.
Sec. 306. <<NOTE: Public information.>> User Facilities. When the
Department of Energy makes a user facility available to universities or
other potential users, or seeks input from universities or other
potential users regarding significant characteristics or equipment in a
user facility or a proposed user facility, the Department shall ensure
broad public notice of such availability or such need for input to
universities and other potential users. When the Department of Energy
considers the participation of a university or other potential user as a
formal partner in the establishment or operation of a user facility, the
Department shall employ full and open competition in selecting such a
partner. For purposes of this section, the term ``user facility''
includes, but is not limited to: (1) a user facility as described in
section 2203(a)(2) of the Energy Policy Act of 1992 (42 U.S.C.
13503(a)(2)); (2) a National Nuclear Security Administration Defense
Programs Technology Deployment Center/User Facility; and (3) any other
Departmental facility designated by the Department as a user facility.
Sec. 307. Intelligence Activities. Funds appropriated by this or any
other Act, or made available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security Act of
1947 (50 U.S.C. 414) during fiscal year 2009 until the enactment of the
Intelligence Authorization Act for fiscal year 2009.
Sec. 308. <<NOTE: 50 USC 2791a.>> Laboratory Directed Research and
Development. Of the funds made available by the Department of Energy for
activities at government-owned, contractor-operated laboratories funded
in this Act or subsequent Energy and Water Development Appropriations
Acts, the Secretary may authorize a specific amount, not to exceed 8
percent of such funds, to be used by such laboratories for laboratory
directed research and development: Provided, That the Secretary may also
authorize a specific amount not to exceed 4 percent of such funds, to be
used by the plant manager of
[[Page 123 STAT. 627]]
a covered nuclear weapons production plant or the manager of the Nevada
Site Office for plant or site directed research and development:
Provided further, That notwithstanding Department of Energy order
413.2A, dated January 8, 2001, beginning in fiscal year 2006 and
thereafter, all DOE laboratories may be eligible for laboratory directed
research and development funding.
Sec. 309. Reliable Replacement Warhead. None of the funds provided
in this Act shall be available for the Reliable Replacement Warhead
(RRW).
Sec. 310. <<NOTE: 50 USC 2743a.>> General Plant Projects. Plant or
construction projects for which amounts are made available under this
and subsequent appropriation Acts with a current estimated cost of less
than $10,000,000 are considered for purposes of section 4703 of Public
Law 107-314 as a plant project for which the approved total estimated
cost does not exceed the minor construction threshold and for purposes
of section 4704 of Public Law 107-314 as a construction project with a
current estimated cost of less than a minor construction threshold.
Sec. 311. <<NOTE: Inventory. Reports. Deadline.>> Energy
Production. The Secretary of Energy shall provide funding to the
National Academy of Sciences to conduct an inventory of the energy
development potential on all lands currently managed by the Department
of Energy together with a report, to be submitted not later than July 1,
2009, which includes (1) a detailed analysis of all such resources
including oil, gas, coal, solar, wind, geothermal and other renewable
resources on such lands, (2) a delineation of the resources presently
available for development as well as those potentially available in the
future, and (3) an analysis of the environmental impacts associated with
any future development including actions necessary to mitigate negative
impacts.
Sec. 312. Reno Hydrogen Fuel Project. (a) The non-Federal share of
project costs shall be 20 percent.
(b) The cost of project vehicles, related facilities, and other
activities funded from the Federal Transit Administration sections 5307,
5308, 5309, and 5314 program, including the non-Federal share for the
FTA funds, is an eligible component of the non-Federal share for this
project.
(c) Contribution of the non-Federal share of project costs for all
grants made for this project may be deferred until the entire project is
completed.
(d) All operations and maintenance costs associated with vehicles,
equipment, and facilities utilized for this project are eligible project
costs.
(e) This <<NOTE: Applicability.>> section applies to project
appropriations beginning in fiscal year 2004.
Sec. 313. <<NOTE: 42 USC 16274a.>> Integrated University Program.
(a) The Secretary of Energy, along with the Administrator of the
National Nuclear Security Administration and the Chairman of the Nuclear
Regulatory Commission, shall establish an Integrated University Program.
(b) For the purposes of carrying out this section, $45,000,000 is
authorized to be appropriated in each of fiscal years 2009 to 2019 as
follows:
(1) $15,000,000 for the Department of Energy;
(2) $15,000,000 for the Nuclear Regulatory Commission; and
[[Page 123 STAT. 628]]
(3) $15,000,000 for the National Nuclear Security
Administration.
(c) Of the amounts authorized to carry out this section, $10,000,000
shall be used by each organization to support university research and
development in areas relevant to their respective organization's
mission, and $5,000,000 shall be used by each organization to support a
jointly implemented Nuclear Science and Engineering Grant Program that
will support multiyear research projects that do not align with
programmatic missions but are critical to maintaining the discipline of
nuclear science and engineering.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, as amended,
notwithstanding 40 U.S.C. 14704, and, for necessary expenses for the
Federal Co-Chairman and the Alternate on the Appalachian Regional
Commission, for payment of the Federal share of the administrative
expenses of the Commission, including services as authorized by 5 U.S.C.
3109, and hire of passenger motor vehicles, $75,000,000, to remain
available until expended: Provided, That any congressionally directed
spending shall be taken from within that State's allocation in the
fiscal year in which it is provided.
Defense Nuclear Facilities Safety Board
Salaries and Expenses
For necessary expenses of the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $25,000,000, to
remain available until expended.
Delta Regional Authority
Salaries and Expenses
For necessary expenses of the Delta Regional Authority and to carry
out its activities, as authorized by the Delta Regional Authority Act of
2000, as amended, notwithstanding sections 382C(b)(2), 382F(d), 382M,
and 382N of said Act, $13,000,000, to remain available until expended.
Denali Commission
For expenses of the Denali Commission including the purchase,
construction, and acquisition of plant and capital equipment as
necessary and other expenses, $11,800,000, to remain available until
expended, notwithstanding the limitations contained in section 306(g) of
the Denali Commission Act of 1998.
[[Page 123 STAT. 629]]
Nuclear Regulatory Commission
Salaries and Expenses
For necessary expenses of the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974, as amended, and the
Atomic Energy Act of 1954, as amended, including official representation
expenses (not to exceed $25,000), $1,034,656,000, to remain available
until expended: Provided, That of the amount appropriated herein,
$49,000,000 shall be derived from the Nuclear Waste Fund: Provided
further, That revenues from licensing fees, inspection services, and
other services and collections estimated at $860,857,000 in fiscal year
2009 shall be retained and used for necessary salaries and expenses in
this account, notwithstanding 31 U.S.C. 3302, and shall remain available
until expended: Provided further, That the sum herein appropriated shall
be reduced by the amount of revenues received during fiscal year 2009 so
as to result in a final fiscal year 2009 appropriation estimated at not
more than $173,799,000: Provided further, That such funds as are made
available for necessary expenses of the Commission by this Act or any
other Act may be used for the acquisition and lease of additional office
space provided by the General Services Administration for personnel of
the U.S. Nuclear Regulatory Commission as close as reasonably possible
to the Commission's headquarters location in Rockville, Maryland, and of
such square footage and for such lease term, as are determined by the
Commission to be necessary to maintain the agency's regulatory
effectiveness, efficiency, and emergency response capability: Provided
further, That notwithstanding any other provision of law or any
prevailing practice, the acquisition and lease of space for such purpose
shall, to the extent necessary to obtain the space, be based on the
prevailing rates in the immediate vicinity of the Commission's
headquarters.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$10,860,000, to remain available until expended: Provided, That revenues
from licensing fees, inspection services, and other services and
collections estimated at $9,774,000 in fiscal year 2009 shall be
retained and be available until expended, for necessary salaries and
expenses in this account, notwithstanding 31 U.S.C. 3302: Provided
further, That the sum herein appropriated shall be reduced by the amount
of revenues received during fiscal year 2009 so as to result in a final
fiscal year 2009 appropriation estimated at not more than $1,086,000.
Nuclear Waste Technical Review Board
Salaries and Expenses
For necessary expenses of the Nuclear Waste Technical Review Board,
as authorized by Public Law 100-203, section 5051, $3,811,000, to be
derived from the Nuclear Waste Fund, and to remain available until
expended.
[[Page 123 STAT. 630]]
Office of the Federal Coordinator for Alaska Natural Gas Transportation
Projects
For necessary expenses for the Office of the Federal Coordinator for
Alaska Natural Gas Transportation Projects pursuant to the Alaska
Natural Gas Pipeline Act of 2004, $4,400,000: Provided, That any fees,
charges, or commissions received pursuant to section 802 of Public Law
110-140 in fiscal year 2009 in excess of $4,660,000 shall not be
available for obligation until appropriated in a subsequent Act of
Congress.
TITLE V
GENERAL PROVISIONS
Sec. 501. <<NOTE: Lobbying.>> None of the funds appropriated by
this Act may be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation matters pending
before Congress, other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
Sec. 502. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in this Act or any other appropriation Act.
This division may be cited as the ``Energy and Water Development and
Related Agencies Appropriations Act, 2009''.
DIVISION D--FINANCIAL <<NOTE: Financial Services and General Government
Appropriations Act, 2009. Department of the Treasury Appropriations Act,
2009.>> SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2009
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
(including transfer of funds)
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Annex; hire of
passenger motor vehicles; maintenance, repairs, and improvements of, and
purchase of commercial insurance policies for, real properties leased or
owned overseas, when necessary for the performance of official business,
$278,870,000, of which not to exceed $21,619,000 is for executive
direction program activities; not to exceed $45,910,000 is for economic
policies and programs activities; not to exceed $36,039,000 is for
financial policies and programs activities; not to exceed $62,098,000 is
for terrorism and financial intelligence activities; not to exceed
$21,600,000 is for Treasury-wide management policies and programs
activities; and not to exceed $91,604,000 is for administration programs
activities: Provided, That <<NOTE: Notification.>> the Secretary of the
Treasury is authorized to transfer funds appropriated for any program
activity of the Departmental Offices to any other program activity of
the Departmental Offices upon notification to the House and Senate
Committees on
[[Page 123 STAT. 631]]
Appropriations: Provided further, That no appropriation for any program
activity shall be increased or decreased by more than 4 percent by all
such transfers: Provided further, That any change in funding greater
than 4 percent shall be submitted for approval to the House and Senate
Committees on Appropriations: Provided further, That of the amount
appropriated under this heading, not to exceed $3,000,000, to remain
available until September 30, 2010, is for information technology
modernization requirements; not to exceed $200,000 is for official
reception and representation expenses; and not to exceed $258,000 is for
unforeseen emergencies of a confidential nature, to be allocated and
expended under the direction of the Secretary of the Treasury and to be
accounted for solely on his certificate: Provided further, That of the
amount appropriated under this heading, $5,232,443, to remain available
until September 30, 2010, is for the Treasury-wide Financial Statement
Audit and Internal Control Program, of which such amounts as may be
necessary may be transferred to accounts of the Department's offices and
bureaus to conduct audits: Provided further, That this transfer
authority shall be in addition to any other provided in this Act:
Provided further, That of the amount appropriated under this heading,
$500,000, to remain available until September 30, 2010, is for secure
space requirements: Provided further, That of the amount appropriated
under this heading, $1,100,000, to remain available until September 30,
2010, is for salary and benefits for hiring of personnel whose work will
require completion of a security clearance investigation in order to
perform highly classified work to further the activities of the Office
of Terrorism and Financial Intelligence: Provided further, That of the
amount appropriated under this heading, $3,400,000, to remain available
until September 30, 2011, is to develop and implement programs within
the Office of Critical Infrastructure Protection and Compliance Policy,
including entering into cooperative agreements: Provided further, That
of the amount appropriated under this heading $3,000,000 to remain
available until September 30, 2011, is for modernizing the Office of
Debt Management's information technology.
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data processing
equipment, software, and services for the Department of the Treasury,
$26,975,000, to remain available until September 30, 2011: Provided,
That $11,518,000 is for repairs to the Treasury Annex Building: Provided
further, That these funds shall be transferred to accounts and in
amounts as necessary to satisfy the requirements of the Department's
offices, bureaus, and other organizations: Provided further, That this
transfer authority shall be in addition to any other transfer authority
provided in this Act: Provided further, That none of the funds
appropriated under this heading shall be used to support or supplement
``Internal Revenue Service, Operations Support'' or ``Internal Revenue
Service, Business Systems Modernization''.
[[Page 123 STAT. 632]]
Office of Inspector General
Salaries and Expenses
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, not to
exceed $2,000,000 for official travel expenses, including hire of
passenger motor vehicles; and not to exceed $100,000 for unforeseen
emergencies of a confidential nature, to be allocated and expended under
the direction of the Inspector General of the Treasury, $26,125,000, of
which not to exceed $2,500 shall be available for official reception and
representation expenses.
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General for Tax
Administration in carrying out the Inspector General Act of 1978,
including purchase (not to exceed 150 for replacement only for police-
type use) and hire of passenger motor vehicles (31 U.S.C. 1343(b));
services authorized by 5 U.S.C. 3109, at such rates as may be determined
by the Inspector General for Tax Administration; $146,083,000, of which
not to exceed $6,000,000 shall be available for official travel
expenses; of which not to exceed $500,000 shall be available for
unforeseen emergencies of a confidential nature, to be allocated and
expended under the direction of the Inspector General for Tax
Administration; and of which not to exceed $1,500 shall be available for
official reception and representation expenses.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; travel and training expenses
of non-Federal and foreign government personnel to attend meetings and
training concerned with domestic and foreign financial intelligence
activities, law enforcement, and financial regulation; not to exceed
$14,000 for official reception and representation expenses; and for
assistance to Federal law enforcement agencies, with or without
reimbursement, $91,465,000, of which not to exceed $16,340,000 shall
remain available until September 30, 2011; and of which $9,178,000 shall
remain available until September 30, 2010: Provided, That funds
appropriated in this account may be used to procure personal services
contracts.
Treasury Forfeiture Fund
(RESCISSION)
Of the unobligated balances available under this heading,
$30,000,000 are rescinded.
[[Page 123 STAT. 633]]
Financial Management Service
salaries and expenses
For necessary expenses of the Financial Management Service,
$239,785,000, of which not to exceed $9,220,000 shall remain available
until September 30, 2011, for information systems modernization
initiatives; and of which not to exceed $2,500 shall be available for
official reception and representation expenses.
Alcohol and Tobacco Tax and Trade Bureau
Salaries and Expenses
For necessary expenses of carrying out section 1111 of the Homeland
Security Act of 2002, including hire of passenger motor vehicles,
$99,065,000; of which not to exceed $6,000 for official reception and
representation expenses; not to exceed $50,000 for cooperative research
and development programs for laboratory services; and provision of
laboratory assistance to State and local agencies with or without
reimbursement: Provided, That of the amount appropriated under this
heading, $2,000,000, to remain available until September 30, 2010, is
for information technology management.
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code, the United
States Mint is provided funding through the United States Mint Public
Enterprise Fund for costs associated with the production of circulating
coins, numismatic coins, and protective services, including both
operating expenses and capital investments. The aggregate amount of new
liabilities and obligations incurred during fiscal year 2009 under such
section 5136 for circulating coinage and protective service capital
investments of the United States Mint shall not exceed $42,150,000.
Bureau of the Public Debt
administering the public debt
For necessary expenses connected with any public-debt issues of the
United States, $187,352,000, of which not to exceed $2,500 shall be
available for official reception and representation expenses, and of
which not to exceed $2,000,000 shall remain available until September
30, 2011, for systems modernization: Provided, That the sum appropriated
herein from the general fund for fiscal year 2009 shall be reduced by
not more than $10,000,000 as definitive security issue fees and Legacy
Treasury Direct Investor Account Maintenance fees are collected, so as
to result in a final fiscal year 2009 appropriation from the general
fund estimated at $177,352,000. In addition, $90,000 to be derived from
the Oil Spill Liability Trust Fund to reimburse the Bureau for
administrative and personnel expenses for financial management of the
Fund, as authorized by section 1012 of Public Law 101-380.
[[Page 123 STAT. 634]]
Community Development Financial Institutions Fund Program Account
To carry out the Community Development Banking and Financial
Institutions Act of 1994 (Public Law 103-325), including services
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for ES-3, $107,000,000, to
remain available until September 30, 2010, of which $8,500,000 shall be
for financial assistance, technical assistance, training and outreach
programs designed to benefit Native American, Native Hawaiian, and
Alaskan Native communities and provided primarily through qualified
community development lender organizations with experience and expertise
in community development banking and lending in Indian country, Native
American organizations, tribes and tribal organizations and other
suitable providers, $2,000,000 shall be available for the pilot project
grant program under section 1132(d) of division A of the Housing and
Economic Recovery Act of 2008 (Public Law 110-289), up to $14,750,000
may be used for administrative expenses, including administration of the
New Markets Tax Credit, up to $7,500,000 may be used for the cost of
direct loans, and up to $250,000 may be used for administrative expenses
to carry out the direct loan program: Provided, That the cost of direct
loans, including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize gross obligations
for the principal amount of direct loans not to exceed $16,000,000.
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to provide
taxpayer services, including pre-filing assistance and education, filing
and account services, taxpayer advocacy services, and other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner, $2,293,000,000, of which not less than $5,100,000 shall be
for the Tax Counseling for the Elderly Program, of which not less than
$9,500,000 shall be available for low-income taxpayer clinic grants, of
which not less than $8,000,000, to remain available until September 30,
2010, shall be available for a Community Volunteer Income Tax Assistance
matching grants demonstration program for tax return preparation
assistance, and of which not less than $193,000,000 shall be available
for operating expenses of the Taxpayer Advocate Service.
enforcement
(including transfer of funds)
For necessary expenses of the Internal Revenue Service to determine
and collect owed taxes, to provide legal and litigation support, to
conduct criminal investigations, to enforce criminal statutes related to
violations of internal revenue laws and other financial crimes, to
purchase (for police-type use, not to exceed 850) and hire passenger
motor vehicles (31 U.S.C. 1343(b)), and to provide other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner, $5,117,267,000, of
[[Page 123 STAT. 635]]
which not less than $57,252,000 shall be for the Interagency Crime and
Drug Enforcement program: Provided, That up to $10,000,000 may be
transferred as necessary from this account to ``Operations Support''
solely for the purposes of the Interagency Crime and Drug Enforcement
program: Provided further, That this transfer authority shall be in
addition to any other transfer authority provided in this Act.
operations support
For necessary expenses of the Internal Revenue Service to support
taxpayer services and enforcement programs, including rent payments;
facilities services; printing; postage; physical security; headquarters
and other IRS-wide administration activities; research and statistics of
income; telecommunications; information technology development,
enhancement, operations, maintenance, and security; the hire of
passenger motor vehicles (31 U.S.C. 1343(b)); and other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner; $3,867,011,000, of which up to $75,000,000 shall remain
available until September 30, 2010, for information technology support;
of which not to exceed $1,000,000 shall remain available until September
30, 2011, for research; of which not less than $2,000,000 shall be for
the Internal Revenue Service Oversight Board; and of which not to exceed
$25,000 shall be for official reception and representation.
business systems modernization
For necessary expenses of the Internal Revenue Service's business
systems modernization program, $229,914,000, to remain available until
September 30, 2011, for the capital asset acquisition of information
technology systems, including management and related contractual costs
of said acquisitions, including related Internal Revenue Service labor
costs, and contractual costs associated with operations authorized by 5
U.S.C. 3109: <<NOTE: Expenditure plan.>> Provided, That, with the
exception of labor costs, none of these funds may be obligated until the
Internal Revenue Service submits to the Committees on Appropriations,
and such Committees approve, a plan for expenditure that: (1) meets the
capital planning and investment control review requirements established
by the Office of Management and Budget, including Circular A-11; (2)
complies with the Internal Revenue Service's enterprise architecture,
including the modernization blueprint; (3) conforms with the Internal
Revenue Service's enterprise life cycle methodology; (4) is approved by
the Internal Revenue Service, the Department of the Treasury, and the
Office of Management and Budget; (5) has been reviewed by the Government
Accountability Office; and (6) complies with the acquisition rules,
requirements, guidelines, and systems acquisition management practices
of the Federal Government.
health insurance tax credit administration
For expenses necessary to implement the health insurance tax credit
included in the Trade Act of 2002 (Public Law 107-210), $15,406,000.
[[Page 123 STAT. 636]]
administrative provisions--internal revenue service
(including transfer of funds)
Sec. 101. Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service or not to exceed 3
percent of appropriations under the heading ``Enforcement'' may be
transferred to any other Internal Revenue Service appropriation upon the
advance approval of the Committees on Appropriations.
Sec. 102. The Internal Revenue Service shall maintain a training
program to ensure that Internal Revenue Service employees are trained in
taxpayers' rights, in dealing courteously with taxpayers, and in cross-
cultural relations.
Sec. 103. The <<NOTE: Confidentiality.>> Internal Revenue Service
shall institute and enforce policies and procedures that will safeguard
the confidentiality of taxpayer information.
Sec. 104. Funds made available by this or any other Act to the
Internal Revenue Service shall be available for improved facilities and
increased staffing to provide sufficient and effective 1-800 help line
service for taxpayers. The Commissioner shall continue to make the
improvement of the Internal Revenue Service 1-800 help line service a
priority and allocate resources necessary to increase phone lines and
staff to improve the Internal Revenue Service 1-800 help line service.
Sec. 105. Of the funds made available by this Act to the Internal
Revenue Service, not less than $6,997,000,000 shall be available only
for tax enforcement. In addition, of the funds made available by this
Act to the Internal Revenue Service, and subject to the same terms and
conditions, $490,000,000 shall be available for enhanced tax law
enforcement.
Sec. 106. None <<NOTE: Contracts.>> of the funds made available in
this Act may be used to enter into, renew, extend, administer,
implement, enforce, or provide oversight of any qualified tax collection
contract (as defined in section 6306 of the Internal Revenue Code of
1986).
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 107. Appropriations to the Department of the Treasury in this
Act shall be available for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning; purchase of insurance for official motor vehicles operated in
foreign countries; purchase of motor vehicles without regard to the
general purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical services to
employees and their dependents serving in foreign countries; and
services authorized by 5 U.S.C. 3109.
Sec. 108. Not to exceed 2 percent of any appropriations in this Act
made available to the Departmental Offices--Salaries and Expenses,
Office of Inspector General, Financial Management Service, Alcohol and
Tobacco Tax and Trade Bureau, Financial Crimes Enforcement Network, and
Bureau of the Public Debt, may be transferred between such
appropriations upon the advance approval of the Committees on
Appropriations: Provided, That no
[[Page 123 STAT. 637]]
transfer may increase or decrease any such appropriation by more than 2
percent.
Sec. 109. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be transferred
to the Treasury Inspector General for Tax Administration's appropriation
upon the advance approval of the Committees on Appropriations: Provided,
That no transfer may increase or decrease any such appropriation by more
than 2 percent.
Sec. 110. Of the funds available for the purchase of law
enforcement vehicles, no funds may be obligated until the Secretary of
the Treasury certifies that the purchase by the respective Treasury
bureau is consistent with departmental vehicle management principles:
Provided, That the Secretary may delegate this authority to the
Assistant Secretary for Management.
Sec. 111. None of the funds appropriated in this Act or otherwise
available to the Department of the Treasury or the Bureau of Engraving
and Printing may be used to redesign the $1 Federal Reserve note.
Sec. 112. The Secretary of the Treasury may transfer funds from
Financial Management Service, Salaries and Expenses to the Debt
Collection Fund as necessary to cover the costs of debt collection:
Provided, That such amounts shall be reimbursed to such salaries and
expenses account from debt collections received in the Debt Collection
Fund.
Sec. 113. Section 122(g)(1) of Public Law 105-119 (5 U.S.C. 3104
note), is further amended by striking ``10 years'' and inserting ``11
years''.
Sec. 114. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United States Mint
to construct or operate any museum without the explicit approval of the
Committees on Appropriations of the House of Representatives and the
Senate, the House Committee on Financial Services, and the Senate
Committee on Banking, Housing, and Urban Affairs.
Sec. 115. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department of the
Treasury, the Bureau of Engraving and Printing, and the United States
Mint, individually or collectively, may be used to consolidate any or
all functions of the Bureau of Engraving and Printing and the United
States Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing, and Urban
Affairs; the House Committee on Appropriations; and the Senate Committee
on Appropriations.
Sec. 116. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for the Department of the Treasury's
intelligence or intelligence related activities are deemed to be
specifically authorized by the Congress for purposes of section 504 of
the National Security Act of 1947 (50 U.S.C. 414) during fiscal year
2009 until the enactment of the Intelligence Authorization Act for
Fiscal Year 2009.
Sec. 117. Not to exceed $5,000 shall be made available from the
Bureau of Engraving and Printing's Industrial Revolving Fund for
necessary official reception and representation expenses.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2009''.
[[Page 123 STAT. 638]]
TITLE II <<NOTE: Executive Office of the President Appropriations Act,
2009.>>
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
Compensation of the President
For compensation of the President, including an expense allowance at
the rate of $50,000 per annum as authorized by 3 U.S.C. 102, $450,000:
Provided, That none of the funds made available for official expenses
shall be expended for any other purpose and any unused amount shall
revert to the Treasury pursuant to section 1552 of title 31, United
States Code.
White House Office
salaries and expenses
For necessary expenses for the White House as authorized by law,
including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
U.S.C. 105, which shall be expended and accounted for as provided in
that section; hire of passenger motor vehicles, newspapers, periodicals,
teletype news service, and travel (not to exceed $100,000 to be expended
and accounted for as provided by 3 U.S.C. 103); and not to exceed
$19,000 for official entertainment expenses, to be available for
allocation within the Executive Office of the President; $53,899,000, of
which $1,400,000 shall be for the Office of National AIDS Policy.
Executive Residence at the White House
operating expenses
For the care, maintenance, repair and alteration, refurnishing,
improvement, heating, and lighting, including electric power and
fixtures, of the Executive Residence at the White House and official
entertainment expenses of the President, $13,363,000, to be expended and
accounted for as provided by 3 U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at the
White House, such sums as may be necessary: Provided, That all
reimbursable operating expenses of the Executive Residence shall be made
in accordance with the provisions of this paragraph: Provided further,
That, notwithstanding any other provision of law, such amount for
reimbursable operating expenses shall be the exclusive authority of the
Executive Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the Executive
Residence shall require each person sponsoring a reimbursable political
event to pay in advance an amount equal to the estimated cost of the
event, and all such advance payments shall be credited to this account
and remain available until expended: Provided further, That the
Executive Residence shall require the national committee of the
political party of the President to maintain on deposit $25,000, to be
separately accounted for and available for expenses relating to
reimbursable political events
[[Page 123 STAT. 639]]
sponsored by such committee during such fiscal
year: <<NOTE: Notice. Deadlines.>> 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 <<NOTE: Fines. Deadline.>> the
Executive Residence shall charge interest and assess penalties and other
charges on any such amount that is not reimbursed within such 30 days,
in accordance with the interest and penalty provisions applicable to an
outstanding debt on a United States Government claim under section 3717
of title 31, United States Code: Provided further, That each such amount
that is reimbursed, and any accompanying interest and charges, shall be
deposited in the Treasury as miscellaneous
receipts: <<NOTE: Deadline. Reports.>> Provided further, That the
Executive Residence shall prepare and submit to the Committees on
Appropriations, by not later than 90 days after the end of the fiscal
year covered by this Act, a report setting forth the reimbursable
operating expenses of the Executive Residence during the preceding
fiscal year, including the total amount of such expenses, the amount of
such total that consists of reimbursable official and ceremonial events,
the amount of such total that consists of reimbursable political events,
and the portion of each such amount that has been reimbursed as of the
date of the report: <<NOTE: Records.>> Provided further, That the
Executive Residence shall maintain a system for the tracking of expenses
related to reimbursable events within the Executive Residence that
includes a standard for the classification of any such expense as
political or nonpolitical: Provided further, That no provision of this
paragraph may be construed to exempt the Executive Residence from any
other applicable requirement of subchapter I or II of chapter 37 of
title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House, $1,600,000, to remain available until
expended, for required maintenance, safety and health issues, and
continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers in
carrying out its functions under the Employment Act of 1946 (15 U.S.C.
1021 et seq.), $4,118,000.
Office of Policy Development
salaries and expenses
For necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107,
$3,550,000.
[[Page 123 STAT. 640]]
National Security Council
salaries and expenses
For necessary expenses of the National Security Council, including
services as authorized by 5 U.S.C. 3109, $9,029,000.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
passenger motor vehicles, $101,333,000, of which not less than
$5,700,000 shall be for e-mail restoration activities, and of which
$11,923,000 shall remain available until expended for continued
modernization of the information technology infrastructure within the
Executive Office of the President.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and Budget,
including hire of passenger motor vehicles and services as authorized by
5 U.S.C. 3109 and to carry out the provisions of chapter 35 of title 44,
United States Code, $87,972,000, of which not to exceed $3,000 shall be
available for official representation expenses: Provided, That none of
the funds appropriated in this Act for the Office of Management and
Budget may be used for the purpose of reviewing any agricultural
marketing orders or any activities or regulations under the provisions
of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et
seq.): Provided further, That none of the funds made available for the
Office of Management and Budget by this Act may be expended for the
altering of the transcript of actual testimony of witnesses, except for
testimony of officials of the Office of Management and Budget, before
the Committees on Appropriations or their subcommittees: Provided
further, That none of the funds provided in this or prior Acts shall be
used, directly or indirectly, by the Office of Management and Budget,
for evaluating or determining if water resource project or study reports
submitted by the Chief of Engineers acting through the Secretary of the
Army are in compliance with all applicable laws, regulations, and
requirements relevant to the Civil Works water resource planning
process: <<NOTE: Deadline. Policy reviews.>> Provided further, That the
Office of Management and Budget shall have not more than 60 days in
which to perform budgetary policy reviews of water resource matters on
which the Chief of Engineers has reported: Provided further,
That <<NOTE: Notification.>> the Director of the Office of Management
and Budget shall notify the appropriate authorizing and appropriating
committees when the 60-day review is
initiated: <<NOTE: Reports. Deadline.>> Provided further, That if water
resource reports have not been transmitted to the appropriate
authorizing and appropriating committees within 15 days after the end of
the Office of Management and Budget review period based on the
notification from the Director, Congress shall assume Office of
Management and Budget concurrence with the report and act accordingly.
[[Page 123 STAT. 641]]
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 2006 (Public Law 109-469); not to
exceed $10,000 for official reception and representation expenses; and
for participation in joint projects or in the provision of services on
matters of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement, $27,200,000;
of which $1,300,000 shall remain available until expended for policy
research and evaluation: Provided, That the Office is <<NOTE: 21 USC
1702 note.>> authorized to accept, hold, administer, and utilize gifts,
both real and personal, public and private, without fiscal year
limitation, for the purpose of aiding or facilitating the work of the
Office.
Counterdrug Technology Assessment Center
(including transfer of funds)
For necessary expenses for the Counterdrug Technology Assessment
Center for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 2006 (Public Law 109-469),
$3,000,000, which shall remain available until expended for
counternarcotics research and development projects: Provided, That such
amount shall be available for transfer to other Federal departments or
agencies: <<NOTE: Spending plan. Deadline.>> Provided further, That the
Office of National Drug Control Policy shall submit for approval by the
Committees on Appropriations of the House of Representatives and the
Senate, a detailed spending plan for the use of these funds no later
than 90 days after enactment of this Act.
federal drug control programs
High Intensity Drug Trafficking Areas Program
(including transfers of funds)
For necessary <<NOTE: Deadline.>> expenses of the Office of
National Drug Control Policy's High Intensity Drug Trafficking Areas
Program, $234,000,000, to remain available until September 30, 2010, for
drug control activities consistent with the approved strategy for each
of the designated High Intensity Drug Trafficking Areas, of which no
less than 51 percent shall be transferred to State and local entities
for drug control activities, which shall be obligated within 120 days
after enactment of this Act: Provided, That up to 49 percent may be
transferred to Federal agencies and departments at a rate to be
determined by the Director, of which up to $2,100,000 may be used for
auditing services and associated activities, and up to $250,000 of the
$2,100,000 shall be used to ensure the continued operation and
maintenance of the Performance Management System: <<NOTE: Funding
justification.>> Provided further, That High Intensity Drug Trafficking
Areas Programs designated as of September 30, 2008, shall be funded at
no less than the fiscal year 2008 initial allocation levels (as revised
by the letter from the Director of the Office of National Drug Control
Policy to the Committees on Appropriations of the House of
Representatives and the Senate
[[Page 123 STAT. 642]]
dated April 8, 2008) or $3,000,000, whichever is greater, unless the
Director submits to the Committees on Appropriations of the House of
Representatives and the Senate, and the Committees approve,
justification for changes in those levels based on clearly articulated
priorities for the High Intensity Drug Trafficking Areas Programs, as
well as published Office of National Drug Control Policy performance
measures of effectiveness: Provided further, That no High Intensity Drug
Trafficking Area shall receive more than $47,457,447 as its fiscal year
2009 initial allocation level: Provided further, That, notwithstanding
the requirements of Public Law 106-58, any unexpended funds obligated
prior to fiscal year 2007 for programs addressing the treatment or
prevention of drug use as part of the approved strategy for a designated
High Intensity Drug Trafficking Area may be used for other approved
activities of that High Intensity Drug Trafficking
Area: <<NOTE: Notification. Deadline.>> Provided further, That the
Office of National Drug Control Policy (ONDCP) shall notify the
Committees on Appropriations of the House of Representatives and the
Senate of the initial High-Intensity Drug Trafficking Area (HIDTA)
allocation funding within 45 days after the enactment of this
Act: <<NOTE: Recommen- dations. Deadline.>> Provided further, That
ONDCP shall submit recommendations for approval to the Committees on
Appropriations for the use of discretionary HIDTA funding, according to
a framework proposed jointly by the HIDTA Directors and ONDCP, within 90
days after the enactment of this Act.
Other Federal Drug Control Programs
(including transfer of funds)
For activities to support a national anti-drug campaign for youth,
and for other purposes, authorized by the Office of National Drug
Control Policy Reauthorization Act of 2006 (Public Law 109-469),
$174,700,000, to remain available until expended, of which the amounts
are available as follows: $70,000,000 to support a national media
campaign, of which at least $8,000,000 shall be designated for
methamphetamine prevention messages: Provided, That the Office of
National Drug Control Policy shall maintain funding for non-advertising
services for the media campaign at no less than the fiscal year 2003
ratio of service funding to total funds and shall continue the corporate
outreach program; $90,000,000 to continue a program of matching grants
to drug-free communities, of which $2,000,000 shall be made available as
directed by section 4 of Public Law 107-82, as amended by Public Law
109-469 (21 U.S.C. 1521 note): Provided further, That any grantee
seeking a renewal grant (year 2 through 5, or year 7 through 10) that is
determined to be ineligible or not entitled to continuation funding for
any reason, shall be afforded a fair, timely, and independent appeal
prior to the beginning of the subsequent funding year before being
denied a renewal grant; $1,250,000 for the National Drug Court
Institute; $9,800,000 for the United States Anti-Doping Agency for anti-
doping activities; $1,900,000 for the United States membership dues to
the World Anti-Doping Agency; $1,250,000 for the National Alliance for
Model State Drug Laws; and $500,000 for evaluations and research related
to National Drug Control Program performance measures: Provided further,
That such funds may be transferred to other Federal departments and
agencies to carry out such activities: Provided further, That of the
amounts appropriated for a national media campaign, not
[[Page 123 STAT. 643]]
to exceed 10 percent shall be for administration, advertising
production, research and testing, labor, and related costs of the
national media campaign.
Unanticipated Needs
For expenses necessary to enable the President to meet unanticipated
needs, in furtherance of the national interest, security, or defense
which may arise at home or abroad during the current fiscal year, as
authorized by 3 U.S.C. 108, $1,000,000, to remain available until
September 30, 2010.
Presidential Transition Administrative Support
(including transfer of funds)
For expenses of the Office of Administration to carry out the
Presidential Transition Act of 1963 and similar expenses, in addition to
amounts otherwise appropriated by law, $8,000,000; Provided, That such
funds may be transferred to other accounts that provide funding for
offices within the Executive Office of the President and the Office of
the Vice President in this Act or any other Act, to carry out such
purposes.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
including subsistence expenses as authorized by 3 U.S.C. 106, which
shall be expended and accounted for as provided in that section; and
hire of passenger motor vehicles, $4,496,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to the
extent not otherwise provided for, heating and lighting, including
electric power and fixtures, of the official residence of the Vice
President; the hire of passenger motor vehicles; and not to exceed
$90,000 for official entertainment expenses of the Vice President, to be
accounted for solely on his certificate, $323,000: Provided, That
advances or repayments or transfers from this appropriation may be made
to any department or agency for expenses of carrying out such
activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfer of funds)
Sec. 201. <<NOTE: Notification.>> From funds made available in
this Act under the headings ``White House Office'', ``Executive
Residence at the White
[[Page 123 STAT. 644]]
House'', ``White House Repair and Restoration'', ``Council of Economic
Advisors'', ``National Security Council'', ``Office of Administration'',
``Office of Policy Development'', ``Special Assistance to the
President'', and ``Official Residence of the Vice President'', the
Director of the Office of Management and Budget (or such other officer
as the President may designate in writing), may, 15 days after giving
notice to the Committees on Appropriations of the House of
Representatives and the Senate, transfer not to exceed 10 percent of any
such appropriation to any other such appropriation, to be merged with
and available for the same time and for the same purposes as the
appropriation to which transferred: Provided, That the amount of an
appropriation shall not be increased by more than 50 percent by such
transfers: Provided further, That no amount shall be transferred from
``Special Assistance to the President'' or ``Official Residence of the
Vice President'' without the approval of the Vice President.
Sec. 202. <<NOTE: Deadline. Financial plan.>> The President shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate not later than 60 days after the date of
the enactment of this Act, and prior to the initial obligation of funds
appropriated under the heading ``Office of National Drug Control
Policy'', a detailed narrative and financial plan on the proposed uses
of all funds under the heading by program, project, and activity, for
which the obligation of funds is anticipated: Provided, That up to 20
percent of funds appropriated under this heading may be obligated before
the submission of the report subject to prior approval of the Committees
on Appropriations: <<NOTE: Reports. Deadlines.>> Provided further, That
the report shall be updated and submitted to the Committees on
Appropriations every 6 months and shall include information detailing
how the estimates and assumptions contained in previous reports have
changed: Provided further, That any new projects and changes in funding
of ongoing projects shall be subject to the prior approval of the
Committees on Appropriations.
Sec. 203. Not to exceed 2 percent of any appropriations in this Act
made available to the Office of National Drug Control Policy may be
transferred between appropriated programs upon the advance approval of
the Committees on Appropriations: Provided, That no transfer may
increase or decrease any such appropriation by more than 3 percent.
Sec. 204. Not to exceed $1,000,000 of any appropriations in this Act
made available to the Office of National Drug Control Policy may be
reprogrammed within a program, project, or activity upon the advance
approval of the Committees on Appropriations.
This title may be cited as the ``Executive Office of the President
Appropriations Act, 2009''.
TITLE III <<NOTE: Judiciary Appropriations Act, 2009.>>
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
purchase or hire, driving, maintenance, and operation of an automobile
for the Chief Justice, not to exceed $10,000 for
[[Page 123 STAT. 645]]
the purpose of transporting Associate Justices, and hire of passenger
motor vehicles as authorized by 31 U.S.C. 1343 and 1344; not to exceed
$10,000 for official reception and representation expenses; and for
miscellaneous expenses, to be expended as the Chief Justice may approve,
$69,777,000, of which $2,000,000 shall remain available until expended.
care of the building and grounds
For such expenditures as may be necessary to enable the Architect of
the Capitol to carry out the duties imposed upon the Architect by the
Act approved May 7, 1934 (40 U.S.C. 13a-13b), $18,447,000, which shall
remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of the chief judge, judges, and other officers and
employees, and for necessary expenses of the court, as authorized by
law, $30,384,000.
United States Court of International Trade
Salaries and Expenses
For salaries of the chief judge and eight judges, salaries of the
officers and employees of the court, services, and necessary expenses of
the court, as authorized by law, $19,605,000.
Courts of Appeals, District Courts, and Other Judicial Services
Salaries and Expenses
For the salaries of circuit and district judges (including judges of
the territorial courts of the United States), justices and judges
retired from office or from regular active service, judges of the United
States Court of Federal Claims, bankruptcy judges, magistrate judges,
and all other officers and employees of the Federal Judiciary not
otherwise specifically provided for, and necessary expenses of the
courts, as authorized by law, $4,801,369,000 (including the purchase of
firearms and ammunition); of which not to exceed $27,817,000 shall
remain available until expended for space alteration projects and for
furniture and furnishings related to new space alteration and
construction projects.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed
$4,253,000, to be appropriated from the Vaccine Injury Compensation
Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys appointed to
represent persons under section 3006A of title 18, United States Code,
and also under section 3599 of title 18, United States Code, in cases in
which a defendant is charged with a crime that may
[[Page 123 STAT. 646]]
be punishable by death; the compensation and reimbursement of expenses
of persons furnishing investigative, expert, and other services under
section 3006A(e) of title 18, United States Code, and also under section
3599(f) and (g)(2) of title 18, United States Code, in cases in which a
defendant is charged with a crime that may be punishable by death; the
compensation (in accordance with the maximums under section 3006A of
title 18, United States Code) and reimbursement of expenses of attorneys
appointed to assist the court in criminal cases where the defendant has
waived representation by counsel; the compensation and reimbursement of
travel expenses of guardians ad litem acting on behalf of financially
eligible minor or incompetent offenders in connection with transfers
from the United States to foreign countries with which the United States
has a treaty for the execution of penal sentences; the compensation and
reimbursement of expenses of attorneys appointed to represent jurors in
civil actions for the protection of their employment, as authorized by
28 U.S.C. 1875(d); the compensation and reimbursement of expenses of
attorneys appointed under 18 U.S.C. 983(b)(1) in connection with certain
judicial civil forfeiture proceedings; and for necessary training and
general administrative expenses, $849,400,000, to remain available until
expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
1876; compensation of jury commissioners as authorized by 28 U.S.C.
1863; and compensation of commissioners appointed in condemnation cases
pursuant to rule 71A(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71A(h)), $62,206,000, to remain available until
expended: Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable under
section 5332 of title 5, United States Code.
court security
(including transfers of funds)
For necessary expenses, not otherwise provided for, incident to the
provision of protective guard services for United States courthouses and
other facilities housing Federal court operations, and the procurement,
installation, and maintenance of security systems and equipment for
United States courthouses and other facilities housing Federal court
operations, including building ingress-egress control, inspection of
mail and packages, directed security patrols, perimeter security, basic
security services provided by the Federal Protective Service, and other
similar activities as authorized by section 1010 of the Judicial
Improvement and Access to Justice Act (Public Law 100-702),
$428,858,000, of which not to exceed $15,000,000 shall remain available
until expended, to be expended directly or transferred to the United
States Marshals Service, which shall be responsible for administering
the Judicial Facility Security Program consistent with standards or
guidelines agreed to by the Director of the Administrative Office of the
United States Courts and the Attorney General.
[[Page 123 STAT. 647]]
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by 31
U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $79,049,000, of which not to exceed $8,500 is authorized for
official reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as authorized
by Public Law 90-219, $25,725,000; of which $1,800,000 shall remain
available through September 30, 2010, to provide education and training
to Federal court personnel; and of which not to exceed $1,500 is
authorized for official reception and representation expenses.
Judicial Retirement Funds
payment to judiciary trust funds
For payment to the Judicial Officers' Retirement Fund, as authorized
by 28 U.S.C. 377(o), $65,340,000; to the Judicial Survivors' Annuities
Fund, as authorized by 28 U.S.C. 376(c), $6,600,000; and to the United
States Court of Federal Claims Judges' Retirement Fund, as authorized by
28 U.S.C. 178(l), $4,200,000.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $16,225,000, of which not
to exceed $1,000 is authorized for official reception and representation
expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available for
services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' and ``Courts of Appeals, District Courts,
and Other Judicial Services, Fees of Jurors and Commissioners'', shall
be increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under sections
[[Page 123 STAT. 648]]
604 and 608 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth in
section 608.
Sec. 303. Notwithstanding any other provision of law, the salaries
and expenses appropriation for ``Courts of Appeals, District Courts, and
Other Judicial Services'' shall be available for official reception and
representation expenses of the Judicial Conference of the United States:
Provided, That such available funds shall not exceed $11,000 and shall
be administered by the Director of the Administrative Office of the
United States Courts in the capacity as Secretary of the Judicial
Conference.
Sec. 304. Within <<NOTE: Deadline. Financial plan.>> 90 days after
the date of the enactment of this Act, the Administrative Office of the
U.S. Courts shall submit to the Committees on Appropriations a
comprehensive financial plan for the Judiciary allocating all sources of
available funds including appropriations, fee collections, and carryover
balances, to include a separate and detailed plan for the Judiciary
Information Technology Fund.
Sec. 305. Section <<NOTE: Applicability.>> 3314(a) of title 40,
United States Code, shall be applied by substituting ``Federal'' for
``executive'' each place it appears.
Sec. 306. In accordance with 28 U.S.C. 561-569, and notwithstanding
any other provision of law, the United States Marshals Service shall
provide, for such courthouses as its Director may designate in
consultation with the Director of the Administrative Office of the
United States Courts, for purposes of a pilot program, the security
services that 40 U.S.C. 1315 authorizes the Department of Homeland
Security to provide, except for the services specified in 40 U.S.C.
1315(b)(2)(E). <<NOTE: Reimbursements.>> For building-specific security
services at these courthouses, the Director of the Administrative Office
of the United States Courts shall reimburse the United States Marshals
Service rather than the Department of Homeland Security.
Sec. 307. (a). In General.--Section 604(a)(5) of title 28, United
States Code, is amended by striking ``magistrate judges appointed under
section 631 of this title,'' and inserting the following: ``, United
States magistrate judges, bankruptcy judges appointed under chapter 6 of
this title, judges of the District Court of Guam, judges of the District
Court for the Northern Mariana Islands, judges of the District Court of
the Virgin Islands, bankruptcy judges and magistrate judges retired
under section 377 of this title, and judges retired under section 373 of
this title, who are''.
(b) Construction.--For <<NOTE: 5 USC 8701 note.>> purposes of
construing and applying chapter 87 of title 5, United States Code,
including any adjustment of insurance rates by regulation or otherwise,
the following categories of judicial officers shall be deemed to be
judges of the United States as described under section 8701 of title 5,
United States Code:
(1) United States magistrate judges.
(2) Bankruptcy judges appointed under chapter 6 of title 28,
United States Code.
(3) Judges of the District Court of Guam, judges of the
District Court for the Northern Mariana Islands, and judges of
the District Court of the Virgin Islands.
(4) Bankruptcy judges and magistrate judges retired under
section 377 of title 28, United States Code.
[[Page 123 STAT. 649]]
(5) Judges retired under section 373 of title 28, United
States Code.
(c) Effective Date.--Subsection <<NOTE: 28 USC 604 note.>> (b) and
the amendment made by subsection (a) shall apply with respect to any
payment made on or after the first day of the first applicable pay
period beginning on or after the date of the enactment of Public Law
110-177.
Sec. 308. Subsection (c) of section 407 of the Transportation,
Treasury, Housing and Urban Development, the Judiciary, the District of
Columbia, and Independent Agencies Appropriations Act, 2006 (division A,
title IV, of Public Law 109-115; 119 Stat. 2396, 2471) is <<NOTE: 28 USC
604 note.>> repealed.
Sec. 309. Section 203(c) of the Judicial Improvements Act of 1990
(Public Law 101-650; 28 U.S.C. 133 note), is amended--
(1) in the second sentence, by inserting ``the district of
Hawaii,'' after ``Pennsylvania,'';
(2) in the third sentence (relating to the District of
Kansas), by striking ``17 years'' and inserting ``18 years'';
(3) in the sixth sentence (relating to the Northern District
of Ohio), by striking ``17 years'' and inserting ``18 years''.
(4) by inserting <<NOTE: Deadline.>> ``The first vacancy in
the office of the district judge in the district of Hawaii
occurring 15 years or more after the confirmation date of the
judge named to fill the temporary judgeship created under this
subsection shall not be filled.'' after the sixth sentence.
Sec. 310. <<NOTE: 28 USC 461 note.>> Pursuant to section 140 of
Public Law 97-92, and from funds appropriated in this Act, Justices and
judges of the United States are authorized during fiscal year 2009, to
receive a salary adjustment in accordance with 28 U.S.C. 461.
This title may be cited as the ``Judiciary Appropriations Act,
2009''.
TITLE IV <<NOTE: District of Columbia Appropriations Act, 2009.>>
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: <<NOTE: Accounts.>> Provided
further, That the District of Columbia government shall maintain a
dedicated account for the Resident Tuition Support Program that shall
consist of the Federal funds appropriated to the Program in this Act and
any subsequent appropriations, any unobligated balances from prior
fiscal years, and any interest earned in this or any fiscal year:
Provided further, That the account shall be under the control of the
District of
[[Page 123 STAT. 650]]
Columbia Chief Financial Officer, who shall use those funds solely for
the purposes of carrying out the Resident Tuition Support Program:
Provided further, That <<NOTE: Reports. Deadline.>> the Office of the
Chief Financial Officer shall provide a quarterly financial report to
the Committees on Appropriations of the House of Representatives and the
Senate for these funds showing, by object class, the expenditures made
and the purpose therefor.
Federal Payment for Emergency Planning and Security Costs in the
District of Columbia
For a Federal payment of necessary expenses, as determined by the
Mayor of the District of Columbia in written consultation with the
elected county or city officials of surrounding jurisdictions,
$39,177,000, to remain available until expended and in addition any
funds that remain available from prior year appropriations under this
heading for the District of Columbia Government, of which $38,825,000 is
for the costs of providing public safety at events related to the
presence of the national capital in the District of Columbia, for the
costs of providing support requested by the Director of the United
States Secret Service Division in carrying out protective duties under
the direction of the Secretary of Homeland Security, and for the costs
of providing support to respond to immediate and specific terrorist
threats or attacks in the District of Columbia or surrounding
jurisdictions; and of which $352,000 is for the District of Columbia
National Guard retention and college access program.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia Courts,
$248,409,000 to be allocated as follows: for the District of Columbia
Court of Appeals, $12,630,000, of which not to exceed $1,500 is for
official reception and representation expenses; for the District of
Columbia Superior Court, $104,277,000, of which not to exceed $1,500 is
for official reception and representation expenses; for the District of
Columbia Court System, $55,426,000, of which not to exceed $1,500 is for
official reception and representation expenses; and $76,076,000, to
remain available until September 30, 2010, for capital improvements for
District of Columbia courthouse facilities, including structural
improvements to the District of Columbia cell block at the Moultrie
Courthouse: Provided, That funds made available for capital improvements
shall be expended consistent with the General Services Administration
(GSA) master plan study and building evaluation
report: <<NOTE: Reports. Deadlines. Contracts.>> 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: <<NOTE: Deadline. Notification.>> Provided further, That 30
days after providing written notice to the Committees
[[Page 123 STAT. 651]]
on Appropriations of the House of Representatives and the Senate, the
District of Columbia Courts may reallocate not more than $1,000,000 of
the funds provided under this heading among the items and entities
funded under this heading for operations, and not more than 4 percent of
the funds provided under this heading for facilities.
defender services in district of columbia courts
For payments authorized under section 11-2604 and section 11-2605,
D.C. Official Code (relating to representation provided under the
District of Columbia Criminal Justice Act), payments for counsel
appointed in proceedings in the Family Court of the Superior Court of
the District of Columbia under chapter 23 of title 16, D.C. Official
Code, or pursuant to contractual agreements to provide guardian ad litem
representation, training, technical assistance, and such other services
as are necessary to improve the quality of guardian ad litem
representation, payments for counsel appointed in adoption proceedings
under chapter 3 of title 16, D.C. Code, and payments for counsel
authorized under section 21-2060, D.C. Official Code (relating to
representation provided under the District of Columbia Guardianship,
Protective Proceedings, and Durable Power of Attorney Act of 1986),
$52,475,000, to remain available until expended: Provided, That the
funds provided in this Act under the heading ``Federal Payment to the
District of Columbia Courts'' (other than the $76,076,000 provided under
such heading for capital improvements for District of Columbia
courthouse facilities) may also be used for payments under this heading:
Provided further, That in addition to the funds provided under this
heading, the Joint Committee on Judicial Administration in the District
of Columbia may use funds provided in this Act under the heading
``Federal Payment to the District of Columbia Courts'' (other than the
$76,076,000 provided under such heading for capital improvements for
District of Columbia courthouse facilities), to make payments described
under this heading for obligations incurred during any fiscal year:
Provided further, That funds provided under this heading shall be
administered by the Joint Committee on Judicial Administration in the
District of Columbia: <<NOTE: Reports. Deadlines. Contracts.>> Provided
further, That notwithstanding any other provision of law, this
appropriation shall be apportioned quarterly by the Office of Management
and Budget and obligated and expended in the same manner as funds
appropriated for expenses of other Federal agencies, with payroll and
financial services to be provided on a contractual basis with the
General Services Administration (GSA), and such services shall include
the preparation of monthly financial reports, copies of which shall be
submitted directly by GSA to the President and to the Committees on
Appropriations of the House of Representatives and the Senate, the
Committee on Oversight and Government Reform of the House of
Representatives, and the Committee on Homeland Security and Governmental
Affairs of the Senate.
Federal Payment to the Court Services and Offender Supervision Agency
for the District of Columbia
For salaries and expenses, including the transfer and hire of motor
vehicles, of the Court Services and Offender Supervision Agency for the
District of Columbia, as authorized by the National
[[Page 123 STAT. 652]]
Capital Revitalization and Self-Government Improvement Act of 1997,
$203,490,000, of which not to exceed $2,000 is for official reception
and representation expenses related to Community Supervision and
Pretrial Services Agency programs; of which not to exceed $25,000 is for
dues and assessments relating to the implementation of the Court
Services and Offender Supervision Agency Interstate Supervision Act of
2002; of which not to exceed $400,000 for the Community Supervision
Program and $160,000 for the Pretrial Services Program, both to remain
available until September 30, 2010, are for information technology
infrastructure enhancement acquisitions; of which $148,652,000 shall be
for necessary expenses of Community Supervision and Sex Offender
Registration, to include expenses relating to the supervision of adults
subject to protection orders or the provision of services for or related
to such persons; of which $54,838,000 shall be available to the Pretrial
Services Agency: <<NOTE: Deadline.>> 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: <<NOTE: Records. Public information.>>
Provided further, That the Director shall keep accurate and detailed
records of the acceptance and use of any gift or donation under the
previous proviso, and shall make such records available for audit and
public inspection: Provided further, That the Court Services and
Offender Supervision Agency Director is authorized to accept and use
reimbursement from the District of Columbia Government for space and
services provided on a cost reimbursable basis.
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire of motor
vehicles, of the District of Columbia Public Defender Service, as
authorized by the National Capital Revitalization and Self-Government
Improvement Act of 1997, $35,659,000, of which $700,000 is to remain
available until September 30, 2010: Provided, That notwithstanding any
other provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated for
salaries and expenses of Federal agencies. Provided further, That for
fiscal year 2009 and thereafter, the Public Defender Service is
authorized to charge fees to cover costs of materials distributed and
training provided to attendees of educational events, including
conferences, sponsored by the Public Defender Service, and
notwithstanding 31 U.S.C. 3302, such fees shall be credited to this
account, to be available until expended without further appropriation.
[[Page 123 STAT. 653]]
Federal Payment to the District of Columbia Water and Sewer Authority
For a Federal payment to the District of Columbia Water and Sewer
Authority, $16,000,000, to remain available until expended, to continue
implementation of the Combined Sewer Overflow Long-Term Plan: Provided,
That the District of Columbia Water and Sewer Authority provides a 100
percent match for this payment.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating Council,
$1,774,000, to remain available until expended, to support initiatives
related to the coordination of Federal and local criminal justice
resources in the District of Columbia.
federal payment to the office of the chief financial officer of the
district of columbia
For a Federal payment to the Office of the Chief Financial Officer
of the District of Columbia, $4,887,622: Provided,
That <<NOTE: Budget. Deadlines. Reports.>> each entity that receives
funding under this heading shall submit to the Office of the Chief
Financial Officer of the District of Columbia (CFO) a detailed budget
and comprehensive description of the activities to be carried out with
such funds no later than 60 days after enactment of this Act, and the
CFO shall submit a comprehensive report to the Committees on
Appropriations of the House of Representatives and the Senate no later
than June 1, 2009.
Federal Payment for School Improvement
For a Federal payment for a school improvement program in the
District of Columbia, $54,000,000, to be allocated as follows: for the
District of Columbia Public Schools, $20,000,000 to improve public
school education in the District of Columbia; for the State Education
Office, $20,000,000 to expand quality public charter schools in the
District of Columbia, to remain available until expended; for the
Secretary of the Department of Education, $14,000,000 to provide
opportunity scholarships for students in the District of Columbia in
accordance with division C, title III of the District of Columbia
Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 126), of which
up to $1,000,000 may be used to administer and fund assessments:
Provided, That none of the funds provided in this Act or any other Act
for opportunity scholarships may be used by an eligible student to
enroll in a participating school under the D.C. School Choice Incentive
Act of 2003 unless (1) the participating school has and maintains a
valid certificate of occupancy issued by the District of Columbia; and
(2) the core subject matter teachers of the eligible student hold 4-year
bachelor's degrees: Provided further, That use of any funds in this Act
or any other Act for opportunity scholarships after school year 2009-
2010 shall only be available upon enactment of reauthorization of that
program by Congress and the adoption of legislation by the District of
Columbia approving such reauthorization.
[[Page 123 STAT. 654]]
federal payment to jump start public school reform
For a Federal payment to jump start public school reform in the
District of Columbia, $20,000,000, of which $3,500,000 is to support the
recruitment, development and training of principals and other school
leaders; $7,000,000 is to develop optimal school programs and intervene
in low performing schools; $7,500,000 is for a customized data reporting
and accountability system on student performance as well as increased
outreach and training for parents and community members; and $2,000,000
is to support data reporting requirements associated with the District
of Columbia Public Schools teacher incentive program: Provided, That up
to $500,000 or 10 percent, whichever is less, of the amounts above may
be transferred as necessary from one activity to another activity:
Provided further, That <<NOTE: Notification. Deadline.>> the Committees
on Appropriations of the House of Representatives and Senate are
notified in writing 15 days in advance of the transfer: Provided
further, That any amount provided under this heading shall be available
only after such amount has been apportioned pursuant to chapter 15 of
title 31, United States Code.
federal payment for consolidated laboratory facility
For a Federal payment to the District of Columbia, $21,000,000, to
remain available until September 30, 2010, for costs associated with the
construction of a consolidated bioterrorism and forensics laboratory:
Provided, That the District of Columbia provides a 100 percent match for
this payment.
federal payment for central library and branch locations
For a Federal payment to the District of Columbia, $7,000,000, to
remain available until expended, for the Federal contribution for costs
associated with the renovation and rehabilitation of District libraries.
Federal Payment to the Executive Office of the Mayor of the District of
Columbia
For a Federal payment to the Executive Office of the Mayor of the
District of Columbia to enhance the quality of life for District
residents, $3,387,500, of which $1,250,000 shall be available as
matching funds to temporarily continue Federal benefits for low-income
couples who decide to marry, and of which $2,137,500 shall be to
continue Marriage Development Accounts in the District of Columbia:
Provided, That <<NOTE: Expenditure plan.>> no funds shall be expended
until the Mayor of the District of Columbia submits a detailed
expenditure plan, including performance measures, to the Committees on
Appropriations of the House of Representatives and the
Senate: <<NOTE: Reports. Deadlines.>> Provided further, That the
District submit a preliminary progress report on activities no later
than June 1, 2009, and a final report including a detailed description
of outcomes achieved no later than February 1, 2010.
District of Columbia Funds
The following amounts are appropriated for the District of Columbia
for the current fiscal year out of the General Fund of the District of
Columbia (``General Fund''), except as otherwise
[[Page 123 STAT. 655]]
specifically provided: Provided, That notwithstanding any other
provision of law, except as provided in section 450A of the District of
Columbia Home Rule Act, approved November 2, 2000 (114 Stat. 2440; D.C.
Official Code Sec. 1-204.50a), and provisions of this Act, the total
amount appropriated in this Act for operating expenses for the District
of Columbia for fiscal year 2009 under this heading shall not exceed the
lesser of the sum of the total revenues of the District of Columbia for
such fiscal year or $9,888,095,000 (of which $6,082,474,000 shall be
from local funds (including $420,119,000 from dedicated taxes),
$2,177,382,000 shall be from Federal grant funds, $1,621,929,000 shall
be from other funds, and $6,310,000 shall be from private funds); in
addition, $202,326,130 from funds previously appropriated in this Act as
Federal payments: Provided further, That of the local funds, such
amounts as may be necessary may be derived from the District's General
Fund balance: Provided further, That of these funds the District's
intradistrict authority shall be $725,461,000: in addition, for capital
construction projects, an increase of $1,482,977,000, of which
$1,121,734,000 shall be from local funds, $107,794,000 from the Local
Street Maintenance fund, $60,708,000 from the District of Columbia
Highway Trust Fund, $192,741,000 from Federal grant funds, and a
rescission of $353,447,000 from local funds and a rescission of
$37,500,000 from Local Street Maintenance funds appropriated under this
heading in prior fiscal years for a net amount of $1,092,030,000 to
remain available until expended: <<NOTE: Incorporation by reference.>>
Provided further, That the amounts provided under this heading are to be
available, allocated and expended as proposed under ``Title III--
District of Columbia Funds Division of Expenses'' of the Fiscal Year
2009 Proposed Budget and Financial Plan submitted to the Congress by the
District of Columbia on June 9, 2008 and such title is hereby
incorporated by reference as though set forth fully herein: Provided
further, That this amount may be increased by proceeds of one-time
transactions which are expended for emergency or unanticipated operating
or capital needs: Provided further, That such increases shall be
approved by enactment of local District law and shall comply with all
reserve requirements contained in the District of Columbia Home Rule Act
approved December 24, 1973 (87 Stat. 777; D.C. Official Code Sec. 1-
201.01 et seq.), as amended by this Act: Provided further, That the
Chief Financial Officer of the District of Columbia shall take such
steps as are necessary to assure that the District of Columbia meets
these requirements, including the apportioning by the Chief Financial
Officer of the appropriations and funds made available to the District
during fiscal year 2009, except that the Chief Financial Officer may not
reprogram for operating expenses any funds derived from bonds, notes, or
other obligations issued for capital projects.
This title may be cited as the ``District of Columbia
Appropriations Act, 2009''.
[[Page 123 STAT. 656]]
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
SALARIES AND EXPENSES
For necessary expenses of the Administrative Conference of the
United States, authorized by 5 U.S.C. 591 et seq., $1,500,000, of which,
not to exceed $1,000 is for official reception and representation
expenses.
Christopher Columbus Fellowship Foundation
SALARIES AND EXPENSES
For payment to the Christopher Columbus Fellowship Foundation,
established by section 423 of Public Law 102-281, $1,000,000, to remain
available until expended.
Commodity Futures Trading Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Commodity
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
passenger motor vehicles, and the rental of space (to include multiple
year leases) in the District of Columbia and elsewhere, $146,000,000,
including not to exceed $3,000 for official reception and representation
expenses: Provided, That $34,734,000 of the total amount appropriated
under this heading shall not be available for obligation until the
Commodity Futures Trading Commission submits an expenditure plan for
fiscal year 2009 to the Committees on Appropriations of the House of
Representatives and the Senate.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety Commission
(CPSC), including hire of passenger motor vehicles, services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the maximum rate payable under 5 U.S.C.
5376, purchase of nominal awards to recognize non-Federal officials'
contributions to Commission activities, and not to exceed $2,000 for
official reception and representation expenses, $105,404,000, of which
$6,000,000 shall remain available for obligation until September 30,
2011 for costs associated with the relocation of CPSC's laboratory to a
modern facility and the upgrade of laboratory equipment, and of which
$2,000,000 shall remain available for obligation until September 30,
2010 to implement the Virginia Graeme Baker Pool and Spa Safety Act
grant program as provided by section 1405 of Public Law 110-140 (15
U.S.C. 8004).
[[Page 123 STAT. 657]]
Election Assistance Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote Act of
2002, $17,959,000, of which $4,000,000 shall be transferred to the
National Institute of Standards and Technology for election reform
activities authorized under the Help America Vote Act of 2002: Provided,
That $750,000 shall be for the Help America Vote College Program as
provided by the Help America Vote Act of 2002 (Public Law 107-252):
Provided further, That $300,000 shall be for a competitive grant program
to support community involvement in student and parent mock elections.
election reform programs
For necessary expenses relating to election reform programs,
$106,000,000, to remain available until expended, of which $100,000,000
shall be for requirements payments under part 1 of subtitle D of title
II of the Help America Vote Act of 2002 (Public Law 107-252), $5,000,000
shall be for grants to carry out research on voting technology
improvements as authorized under part 3 of subtitle D of title II of
such Act, and $1,000,000, shall be to conduct a pilot program for grants
to States and units of local government for pre-election logic and
accuracy testing and post-election voting systems verification.
Federal Communications Commission
salaries and expenses
(including transfer of funds)
For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances therefor, as
authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official
reception and representation expenses; purchase and hire of motor
vehicles; special counsel fees; and services as authorized by 5 U.S.C.
3109, $341,875,000: Provided, That of the funds provided, not less than
$3,000,000 shall be available to establish and administer a State
Broadband Data and Development matching grants program for State-level
broadband demand aggregation activities and creation of geographic
inventory maps of broadband service to identify gaps in service and
provide a baseline assessment of statewide broadband deployment:
Provided further, That $341,875,000 of offsetting collections shall be
assessed and collected pursuant to section 9 of title I of the
Communications Act of 1934, shall be retained and used for necessary
expenses in this appropriation, and shall remain available until
expended: Provided further, That the sum herein appropriated shall be
reduced as such offsetting collections are received during fiscal year
2009 so as to result in a final fiscal year 2009 appropriation estimated
at $0: Provided further, That any offsetting collections received in
excess of $341,875,000 in fiscal year 2009 shall not be available for
obligation: Provided further, That remaining offsetting collections from
prior years collected in excess of the amount specified for collection
in each such year and otherwise becoming available
[[Page 123 STAT. 658]]
on October 1, 2008, shall not be available for obligation: Provided
further, That notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from the
use of a competitive bidding system that may be retained and made
available for obligation shall not exceed $85,000,000 for fiscal year
2009: Provided further, That, in addition, not to exceed $25,480,000 may
be transferred from the Universal Service Fund in fiscal year 2009 to
remain available until expended, to monitor the Universal Service Fund
program to prevent and remedy waste, fraud and abuse, and to conduct
audits and investigations by the Office of Inspector General.
Administrative Provisions--Federal Communications Commission
Sec. 501. Section 302 of the Universal Service Antideficiency
Temporary Suspension Act <<NOTE: 118 Stat. 3998.>> is amended by
striking ``December 31, 2008'', each place it appears and inserting
``December 31, 2009''.
Sec. 502. None of the funds appropriated by this Act may be used by
the Federal Communications Commission to modify, amend, or change its
rules or regulations for universal service support payments to implement
the February 27, 2004 recommendations of the Federal-State Joint Board
on Universal Service regarding single connection or primary line
restrictions on universal service support payments.
Federal Deposit Insurance Corporation
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$27,495,000, to be derived from the Deposit Insurance Fund or, only when
appropriate, the FSLIC Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, $63,618,000, of which not to exceed
$5,000 shall be available for reception and representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the Federal Labor
Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978,
and the Civil Service Reform Act of 1978, including services authorized
by 5 U.S.C. 3109, and including hire of experts and consultants, hire of
passenger motor vehicles, and rental of conference rooms in the District
of Columbia and elsewhere, $22,674,000: Provided, That public members of
the Federal Service Impasses Panel may be paid travel expenses and per
diem in lieu of subsistence as authorized by law (5 U.S.C. 5703) for
persons employed intermittently in the Government service, and
compensation as authorized by 5 U.S.C. 3109: Provided further, That
notwithstanding 31 U.S.C. 3302, funds received from fees charged to non-
[[Page 123 STAT. 659]]
Federal participants at labor-management relations conferences shall be
credited to and merged with this account, to be available without
further appropriation for the costs of carrying out these conferences.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and not to exceed $2,000 for official reception and
representation expenses, $259,200,000, to remain available until
expended: Provided, That not to exceed $300,000 shall be available for
use to contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718: Provided further, That,
notwithstanding any other provision of law, not to exceed $168,000,000
of offsetting collections derived from fees collected for premerger
notification filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection, shall
be retained and used for necessary expenses in this appropriation:
Provided further, That, notwithstanding any other provision of law, not
to exceed $21,000,000 in offsetting collections derived from fees
sufficient to implement and enforce the Telemarketing Sales Rule,
promulgated under the Telemarketing and Consumer Fraud and Abuse
Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to this
account, and be retained and used for necessary expenses in this
appropriation: Provided further, That the sum herein appropriated from
the general fund shall be reduced as such offsetting collections are
received during fiscal year 2009, so as to result in a final fiscal year
2009 appropriation from the general fund estimated at not more than
$70,200,000: Provided further, That none of the funds made available to
the Federal Trade Commission may be used to implement subsection
(e)(2)(B) of section 43 of the Federal Deposit Insurance Act (12 U.S.C.
1831t).
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
For an additional amount to be deposited in the Federal Buildings
Fund, $651,198,000. To carry out the purposes of the Fund established
pursuant to section 592 of title 40, United States Code, the revenues
and collections deposited into the Fund shall be available for necessary
expenses of real property management and related activities not
otherwise provided for, including operation, maintenance, and protection
of federally owned and leased buildings; rental of buildings in the
District of Columbia; restoration of leased premises; moving
governmental agencies (including space adjustments and
telecommunications relocation expenses) in connection with the
assignment, allocation and transfer of space; contractual services
incident to cleaning or servicing buildings, and moving;
[[Page 123 STAT. 660]]
repair and alteration of federally owned buildings including grounds,
approaches and appurtenances; care and safeguarding of sites;
maintenance, preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as otherwise
authorized by law; acquisition of options to purchase buildings and
sites; conversion and extension of federally owned buildings;
preliminary planning and design of projects by contract or otherwise;
construction of new buildings (including equipment for such buildings);
and payment of principal, interest, and any other obligations for public
buildings acquired by installment purchase and purchase contract; in the
aggregate amount of $8,427,771,000, of which: (1) $746,317,000 shall
remain available until expended for construction (including funds for
sites and expenses and associated design and construction services) of
additional projects at the following locations:
New Construction:
Alabama:
Tuscaloosa Federal Building, $25,000,000.
California:
San Diego, United States Courthouse Annex,
$110,362,000.
San Ysidro, Land Port of Entry, $58,910,000.
Colorado:
Lakewood, Denver Federal Center Remediation,
$10,472,000.
District of Columbia:
DHS Consolidation and development of St.
Elizabeths Campus, $331,390,000.
Federal Office Building 8, $15,000,000.
St. Elizabeths West Campus Infrastructure,
$8,249,000.
St. Elizabeths West Campus Site Acquisition,
$7,000,000.
Maryland:
Montgomery County, Food and Drug
Administration Consolidation, $163,530,000.
North Dakota:
Portal, Land Port of Entry, $15,204,000:
Provided, That each of the foregoing limits of costs on new construction
projects may be exceeded to the extent that savings are affected in
other such projects, but not to exceed 10 percent of the amounts
included in an approved prospectus, if required, unless advance approval
is obtained from the Committees on Appropriations of a greater
amount: <<NOTE: Expiration date.>> Provided further, That all funds for
direct construction projects shall expire on September 30, 2010 and
remain in the Federal Buildings Fund except for funds for projects as to
which funds for design or other funds have been obligated in whole or in
part prior to such date: Provided further, That <<NOTE: Project plan. 40
USC 301 note.>> for fiscal year 2010 and thereafter, the annual budget
submission of the General Services Administration shall include a
detailed 5-year plan for Federal building construction projects with a
yearly update of total projected future funding needs: Provided further,
That for <<NOTE: Project plan.>> fiscal year 2010 and thereafter, the
annual budget submission of the General Services Administration shall,
in consultation with U.S. Customs and Border Protection, include a
detailed 5-year plan for Federal land port-of-entry projects with a
yearly update of total projected future funding needs; (2) $692,374,000
[[Page 123 STAT. 661]]
shall remain available until expended for repairs and alterations, which
includes associated design and construction services:
Repairs and Alterations:
District of Columbia:
Eisenhower Executive Office Building, CBR,
$14,700,000.
Eisenhower Executive Office Building, Phase
III, $51,075,000.
West Wing Infrastructure Systems Replacement,
$76,487,000.
Illinois:
Chicago, Dirksen Courthouse, $152,825,000.
North Carolina:
New Bern, United States Post Office and
Courthouse, $10,640,000.
Special Emphasis Programs:
Energy and Water Retrofit and Conservation
Measures, $36,647,000.
Basic Repairs and Alterations, $350,000,000:
Provided further, That <<NOTE: Advanced approval.>> 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 <<NOTE: Advanced approval.>> 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: <<NOTE: Expiration date.>> Provided further, That all funds
for repairs and alterations prospectus projects shall expire on
September 30, 2010 and remain in the Federal Buildings Fund except funds
for projects as to which funds for design or other funds have been
obligated in whole or in part prior to such date: Provided further, That
the amount provided in this or any prior Act for Basic Repairs and
Alterations may be used to pay claims against the Government arising
from any projects under the heading ``Repairs and Alterations'' or used
to fund authorized increases in prospectus projects; (3) $149,570,000
for installment acquisition payments including payments on purchase
contracts which shall remain available until expended; (4)
$4,642,156,000 for rental of space which shall remain available until
expended; and (5) $2,197,354,000 for building operations which shall
remain available until expended: Provided further, That funds available
to the General Services Administration shall not be available for
expenses of any construction, repair, alteration and acquisition project
for which a prospectus, if required by the Public Buildings Act of 1959,
has not been approved, except that necessary funds
[[Page 123 STAT. 662]]
may be expended for each project for required expenses for the
development of a proposed prospectus: Provided further, That funds
available in the Federal Buildings Fund may be expended for emergency
repairs when advance approval is obtained from the Committees on
Appropriations: Provided further, That amounts necessary to provide
reimbursable special services to other agencies under section 210(f)(6)
of the Federal Property and Administrative Services Act of 1949 (40
U.S.C. 592(b)(2)) and amounts to provide such reimbursable fencing,
lighting, guard booths, and other facilities on private or other
property not in Government ownership or control as may be appropriate to
enable the United States Secret Service to perform its protective
functions pursuant to 18 U.S.C. 3056, shall be available from such
revenues and collections: Provided further, That revenues and
collections and any other sums accruing to this Fund during fiscal year
2009, excluding reimbursements under section 210(f)(6) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 592(b)(2))
in excess of the aggregate new obligational authority authorized for
Real Property Activities of the Federal Buildings Fund in this Act shall
remain in the Fund and shall not be available for expenditure except as
authorized in appropriations Acts.
GENERAL ACTIVITIES
Government-wide Policy
For expenses authorized by law, not otherwise provided for, for
Government-wide policy and evaluation activities associated with the
management of real and personal property assets and certain
administrative services; Government-wide policy support responsibilities
relating to acquisition, telecommunications, information technology
management, and related technology activities; and services as
authorized by 5 U.S.C. 3109; $54,578,000.
operating expenses
For expenses authorized by law, not otherwise provided for, for
Government-wide activities associated with utilization and donation of
surplus personal property; disposal of real property; agency-wide policy
direction, management, and communications; Civilian Board of Contract
Appeals; services as authorized by 5 U.S.C. 3109; and not to exceed
$7,500 for official reception and representation expenses; $70,645,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General and
service authorized by 5 U.S.C. 3109, $54,000,000: Provided, That not to
exceed $15,000 shall be available for payment for information and
detection of fraud against the Government, including payment for
recovery of stolen Government property: Provided further, That not to
exceed $2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of efforts and
initiatives resulting in enhanced Office of Inspector General
effectiveness.
[[Page 123 STAT. 663]]
allowances and office staff for former presidents
(including transfer of funds)
For carrying out the provisions of the Act of August 25, 1958 (3
U.S.C. 102 note), and Public Law 95-138, $2,934,000: Provided, That the
Administrator of General Services shall transfer to the Secretary of the
Treasury such sums as may be necessary to carry out the provisions of
such Acts.
presidential transition expenses
For expenses necessary to carry out the Presidential Transition Act
of 1963, $8,520,000, of which not to exceed $1,000,000 is for activities
authorized by subsections 3(a)(8) and (9) of the Act.
federal citizen services fund
For necessary expenses of the Office of Citizen Services, including
services authorized by 5 U.S.C. 3109, $36,096,000, to be deposited into
the Federal Citizen Services Fund: Provided, That the appropriations,
revenues, and collections deposited into the Fund shall be available for
necessary expenses of Federal Citizen Services activities in the
aggregate amount not to exceed $50,000,000. Appropriations, revenues,
and collections accruing to this Fund during fiscal year 2009 in excess
of such amount shall remain in the Fund and shall not be available for
expenditure except as authorized in appropriations Acts.
administrative provisions--general services administration
(including transfers of funds)
Sec. 510. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 511. Funds in the Federal Buildings Fund made available for
fiscal year 2009 for Federal Buildings Fund activities may be
transferred between such activities only to the extent necessary to meet
program requirements: Provided, That <<NOTE: Advanced approval.>> any
proposed transfers shall be approved in advance by the Committees on
Appropriations.
Sec. 512. Except as otherwise provided in this title, funds made
available by this Act shall be used to transmit a fiscal year 2010
request for United States Courthouse construction only if the request:
(1) meets the design guide standards for construction as established and
approved by the General Services Administration, the Judicial Conference
of the United States, and the Office of Management and Budget; (2)
reflects the priorities of the Judicial Conference of the United States
as set out in its approved 5-year construction plan; and (3) includes a
standardized courtroom utilization study of each facility to be
constructed, replaced, or expanded.
Sec. 513. None of the funds provided in this Act may be used to
increase the amount of occupiable square feet, provide cleaning
services, security enhancements, or any other service usually provided
through the Federal Buildings Fund, to any agency that does not pay the
rate per square foot assessment for space and services as determined by
the General Services Administration
[[Page 123 STAT. 664]]
in compliance with the Public Buildings Amendments Act of 1972 (Public
Law 92-313).
Sec. 514. From funds made available under the heading ``Federal
Buildings Fund, Limitations on Availability of Revenue'', claims against
the Government of less than $250,000 arising from direct construction
projects and acquisition of buildings may be liquidated from savings
effected in other construction projects with prior notification to the
Committees on Appropriations.
Sec. 515. In <<NOTE: Contracts. Explanatory statement.>> any case
in which the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public Works of
the Senate adopt a resolution granting lease authority pursuant to a
prospectus transmitted to Congress by the Administrator of General
Services under section 3307 of title 40, United States Code, the
Administrator shall ensure that the delineated area of procurement is
identical to the delineated area included in the prospectus for all
lease agreements, except that, if the Administrator determines that the
delineated area of the procurement should not be identical to the
delineated area included in the prospectus, the Administrator shall
provide an explanatory statement to each of such committees and the
House and Senate Committees on Appropriations prior to exercising any
lease authority provided in the resolution.
Sec. 516. Subsections (a) and (b)(1) of section 323 of title 40,
United States Code, are each amended by striking ``Consumer Information
Center'' and inserting ``Federal Citizen Services''; and subsection (a)
is further amended by striking ``consumer''.
Sec. 517. In furtherance of the emergency management policy set
forth in the Robert T. Stafford Disaster Relief and Emergency Assistance
Act, the Administrator of the General Services Administration may
provide for the use of the Federal supply schedules of the General
Services Administration by relief and disaster assistance organizations
as described in section 309 of that Act. Purchases under this authority
shall be limited to use in preparation for, response to, and recovery
from hazards as defined in section 602 of that Act.
Sec. 518. Working Capital Fund. (a) Purpose and Operation of
Working Capital Fund.--Subsections (a), (b) and (c) of section 3173 of
title 40, United States Code, are amended to read as follows:
``(a) Establishment and Purpose.--There is a working capital fund
for the necessary expenses of administrative support services including
accounting, budget, personnel, legal support and other related services;
and the maintenance and operation of printing and reproduction
facilities in support of the functions of the General Services
Administration, other Federal agencies, and other entities; and other
such administrative and management services that the Administrator of
GSA deems appropriate and advantageous (subject to prior notice to the
Office of Management and Budget).
``(b) Composition.--
``(1) In general.--Amounts received shall be credited to and
merged with the Fund, to remain available until expended, for
operating costs and capital outlays of the Fund: Provided, That
entities for which such services are performed shall be charged
at rates which will return in full all costs of providing such
services.
``(2) Cost and capital requirements.--The Administrator
shall determine the cost and capital requirements of the Fund
[[Page 123 STAT. 665]]
for each fiscal year and shall develop a plan concerning such
requirements in consultation with the Chief Financial Officer of
the General Services Administration. Any change to the cost and
capital requirements of the Fund for a fiscal year shall be
approved by the Administrator. The Administrator shall establish
rates to be charged to entities for which services are
performed, in accordance with the plan.
``(c) Deposit of Excess Amounts in the Treasury.--At the close of
each fiscal year, after making provision for anticipated operating needs
reflected in the cost and capital plan developed under subsection (b),
the uncommitted balance of any funds remaining in the Fund shall be
transferred to the general fund of the Treasury as miscellaneous
receipts.''.
(b) Transfer and Use of Amounts for Major Equipment Acquisitions.--
Section 3173 of title 40, United States Code, is amended to add
subsection (d), as follows:
``(d) Transfer and Use of Amounts for Major Equipment
Acquisitions.--
``(1) In general.--Subject to subparagraph (2), unobligated
balances of amounts appropriated or otherwise made available to
the General Services Administration for operating expenses and
salaries and expenses may be transferred and merged into the
`Major equipment acquisitions and development activity' of the
working capital fund of the General Services Administration for
agency-wide acquisition of capital equipment, automated data
processing systems and financial management and management
information systems: Provided, That acquisitions are limited to
those needed to implement the Chief Financial Officers Act of
1990 (Public Law 101-576, 104 Stat. 2838) and related laws or
regulations.
``(2) Requirements and Availability.--
``(A) Time for transfer.--Transfer of an amount
under this section must be done no later than the end of
the fifth fiscal year after the fiscal year for which
the amount is appropriated or otherwise made available.
``(B) Approval for use.--An amount transferred under
this section may be used only with the advance approval
of the Committees on Appropriations of the House of
Representatives and the Senate.
``(C) Availability.--An amount transferred under
this section remains available until expended.''
(c) Conforming and Clerical Amendments.--
(1) Section 312 of such title is repealed.
(2) The heading for section 3173 of such title is amended to
read as follows:
``Sec. 3173. Working capital fund for General Services Administration''.
Harry S Truman Scholarship Foundation
SALARIES AND EXPENSES
For payment <<NOTE: 20 USC 2009b.>> to the Harry S Truman
Scholarship Foundation Trust Fund, established by section 10 of Public
Law 93-642, $500,000, to remain available until expended: Provided, That
hereafter, all requests of the Board of Trustees to the Secretary of the
Treasury provided for in this section shall be binding on the
[[Page 123 STAT. 666]]
Secretary, including requests for the issuance at par of special
obligations exclusively to the fund as provided for in section 10(b),
which the Secretary shall implement without regard to the determination
related to the public interest required by the last sentence of that
section.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit Systems
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978, and the Whistleblower Protection Act
of 1989 (5 U.S.C. 5509 note), including services as authorized by 5
U.S.C. 3109, rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, direct procurement of
survey printing, and not to exceed $2,000 for official reception and
representation expenses, $38,811,000 together with not to exceed
$2,579,000 for administrative expenses to adjudicate retirement appeals
to be transferred from the Civil Service Retirement and Disability Fund
in amounts determined by the Merit Systems Protection Board.
Morris K. Udall Scholarship and Excellence in National Environmental
Policy Foundation
morris k. udall scholarship and excellence in national environmental
policy trust fund
(including transfer of funds)
For payment to the Morris K. Udall Scholarship and Excellence in
National Environmental Policy Trust Fund, pursuant to the Morris K.
Udall Scholarship and Excellence in National Environmental and Native
American Public Policy Act of 1992 (20 U.S.C. 5601 et seq.), $3,750,000,
to remain available until expended, of which up to $50,000 shall be used
to conduct financial audits pursuant to the Accountability of Tax
Dollars Act of 2002 (Public Law 107-289) notwithstanding sections 8 and
9 of Public Law 102-259: Provided, That up to 60 percent of such funds
may be transferred by the Morris K. Udall Scholarship and Excellence in
National Environmental Policy Foundation for the necessary expenses of
the Native Nations Institute.
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to carry
out activities authorized in the Environmental Policy and Conflict
Resolution Act of 1998, $2,100,000, to remain available until expended.
[[Page 123 STAT. 667]]
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the administration of the
National Archives and Records Administration (including the Information
Security Oversight Office) and archived Federal records and related
activities, as provided by law, and for expenses necessary for the
review and declassification of documents and the activities of the
Public Interest Declassification Board, and for the hire of passenger
motor vehicles, and for uniforms or allowances therefor, as authorized
by law (5 U.S.C. 5901 et seq.), including maintenance, repairs, and
cleaning, $330,308,000, of which $650,000 shall remain available until
September 30, 2010.
electronic records archives
For necessary expenses in connection with the development of the
electronic records archives, to include all direct project costs
associated with research, analysis, design, development, and program
management, $67,008,000, of which $45,795,000 shall remain available
until September 30, 2011: <<NOTE: Expenditure plan.>> Provided, That
none of the multi-year funds may be obligated until the National
Archives and Records Administration submits to the Committees on
Appropriations, and such Committees approve, a plan for expenditure
that: (1) meets the capital planning and investment control review
requirements established by the Office of Management and Budget,
including Circular A-11; (2) complies with the National Archives and
Records Administration's enterprise architecture; (3) conforms with the
National Archives and Records Administration's enterprise life cycle
methodology; (4) is approved by the National Archives and Records
Administration and the Office of Management and Budget; (5) has been
reviewed by the Government Accountability Office; and (6) complies with
the acquisition rules, requirements, guidelines, and systems acquisition
management practices of the Federal Government.
Repairs and Restoration
For the repair, alteration, and improvement of archives facilities,
and to provide adequate storage for holdings, $50,711,000, to remain
available until expended: Provided, That the Archivist is authorized to
construct an addition to the John F. Kennedy Presidential Library and
Museum; and of the funds provided, $22,000,000 shall be available for
construction costs and related services for building the addition to the
John F. Kennedy Presidential Library and Museum and other necessary
expenses, including renovating the Library as needed in constructing the
addition; $17,500,000 is for necessary expenses related to the repair
and renovation of the Franklin D. Roosevelt Presidential Library and
Museum in Hyde Park, New York; and $2,000,000 is for the repair and
restoration of the plaza that surrounds the Lyndon Baines Johnson
Presidential Library and Museum that is under the joint control and
custody of the University of Texas: Provided further, That such funds
shall remain available until expended for this purpose and may be
transferred directly to the University and used, together with
University funds, for the repair and restoration of the plaza: Provided
further, That such funds shall be spent
[[Page 123 STAT. 668]]
in accordance with the construction plan submitted to the Committees on
Appropriations on March 14, 2005: <<NOTE: Contracts.>> Provided
further, That the Archivist shall be prohibited from entering into any
agreement with the University or any other party that requires
additional funding commitments on behalf of the Federal Government for
this project: Provided further, That hereafter, no further Federal
funding shall be provided for this plaza project.
national historical publications and records commission
grants program
(including transfer of funds)
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, $11,250,000,
to remain available until expended: Provided, That of the funds provided
in this paragraph, $2,000,000 shall be transferred to the operating
expenses account of the National Archives and Records Administration for
operating expenses of the National Historical Publications and Records
Commission.
Administrative Provision--National Archives and Records Administration
Hereafter, the <<NOTE: Funding assessment. 44 USC 2102 note.>>
National Archives and Records Administration shall include in its annual
budget submission a comprehensive capital needs assessment for funding
provided under the ``Repairs and Restoration'' appropriations account to
be updated yearly: Provided, That funds proposed under the ``Repairs and
Restoration'' appropriations account for each fiscal year shall be
allocated to projects on a priority basis established under a
comprehensive capital needs assessment.
National Credit Union Administration
Central Liquidity Facility
During fiscal year 2009, gross obligations of the Central Liquidity
Facility for the principal amount of new direct loans to member credit
unions, as authorized by 12 U.S.C. 1795 et seq., shall be the amount
authorized by section 307(a)(4)(A) of the Federal Credit Union Act (12
U.S.C. 1795f(a)(4)(A)): Provided, That administrative expenses of the
Central Liquidity Facility in fiscal year 2009 shall not exceed
$1,250,000.
community development revolving loan fund
For the Community Development Revolving Loan Fund program as
authorized by 42 U.S.C. 9812, 9822 and 9910, $1,000,000 shall be
available until September 30, 2010 for technical assistance to low-
income designated credit unions.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office of
Government Ethics pursuant to the Ethics in Government Act of 1978, and
the Ethics Reform Act of 1989, including services
[[Page 123 STAT. 669]]
as authorized by 5 U.S.C. 3109, rental of conference rooms in the
District of Columbia and elsewhere, hire of passenger motor vehicles,
and not to exceed $1,500 for official reception and representation
expenses, $13,000,000.
Office of Personnel Management
Salaries and Expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office of
Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978
and the Civil Service Reform Act of 1978, including services as
authorized by 5 U.S.C. 3109; medical examinations performed for veterans
by private physicians on a fee basis; rental of conference rooms in the
District of Columbia and elsewhere; hire of passenger motor vehicles;
not to exceed $2,500 for official reception and representation expenses;
advances for reimbursements to applicable funds of the Office of
Personnel Management and the Federal Bureau of Investigation for
expenses incurred under Executive Order No. 10422 of January 9, 1953, as
amended; and payment of per diem and/or subsistence allowances to
employees where Voting Rights Act activities require an employee to
remain overnight at his or her post of duty, $92,829,000, of which
$5,851,000 shall remain available until expended for the Enterprise
Human Resources Integration project; $1,351,000 shall remain available
until expended for the Human Resources Line of Business project; and in
addition $118,082,000 for administrative expenses, to be transferred
from the appropriate trust funds of the Office of Personnel Management
without regard to other statutes, including direct procurement of
printed materials, for the retirement and insurance programs, of which
$15,200,000 shall remain available until expended for the cost of
automating the retirement recordkeeping systems: Provided, That the
provisions of this appropriation shall not affect the authority to use
applicable trust funds as provided by sections 8348(a)(1)(B), and
9004(f)(2)(A) of title 5, United States Code: Provided further, That no
part of this appropriation shall be available for salaries and expenses
of the Legal Examining Unit of the Office of Personnel Management
established pursuant to Executive Order No. 9358 of July 1, 1943, or any
successor unit of like purpose: Provided further, That the President's
Commission on White House Fellows, established by Executive Order No.
11183 of October 3, 1964, may, during fiscal year 2009, accept donations
of money, property, and personal services: Provided further, That such
donations, including those from prior years, may be used for the
development of publicity materials to provide information about the
White House Fellows, except that no such donations shall be accepted for
travel or reimbursement of travel expenses, or for the salaries of
employees of such Commission: Provided further, That within the funds
provided, the Office of Personnel Management shall carry out the
Intergovernmental Personnel Act Mobility Program, with special attention
to Federal agencies employing more than 2,000 nurses: Provided further,
That funding may be allocated to develop guidelines that provide Federal
agencies direction in using their authority under the Intergovernmental
Personnel Act Mobility Program, according to the directives outlined in
the accompanying report.
[[Page 123 STAT. 670]]
Office of Inspector General
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $1,828,000, and in addition, not to exceed $18,755,000
for administrative expenses to audit, investigate, and provide other
oversight of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate trust funds
of the Office of Personnel Management, as determined by the Inspector
General: Provided, That the Inspector General is authorized to rent
conference rooms in the District of Columbia and elsewhere.
Government Payment for Annuitants, Employees Health Benefits
For payment of Government contributions with respect to retired
employees, as authorized by chapter 89 of title 5, United States Code,
and the Retired Federal Employees Health Benefits Act (74 Stat. 849),
such sums as may be necessary.
Government Payment for Annuitants, Employee Life Insurance
For payment of Government contributions with respect to employees
retiring after December 31, 1989, as required by chapter 87 of title 5,
United States Code, such sums as may be necessary.
Payment to Civil Service Retirement and Disability Fund
For financing the unfunded liability of new and increased annuity
benefits becoming effective on or after October 20, 1969, as authorized
by 5 U.S.C. 8348, and annuities under special Acts to be credited to the
Civil Service Retirement and Disability Fund, such sums as may be
necessary: Provided, That <<NOTE: 33 USC 776 note.>> annuities
authorized by the Act of May 29, 1944, and the Act of August 19, 1950
(33 U.S.C. 771-775), may hereafter be paid out of the Civil Service
Retirement and Disability Fund.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office of
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978 (Public Law 95-454), the Whistleblower
Protection Act of 1989 (Public Law 101-12), Public Law 107-304, and the
Uniformed Services Employment and Reemployment Rights Act of 1994
(Public Law 103-353), including services as authorized by 5 U.S.C. 3109,
payment of fees and expenses for witnesses, rental of conference rooms
in the District of Columbia and elsewhere, and hire of passenger motor
vehicles; $17,468,000.
[[Page 123 STAT. 671]]
Postal Regulatory Commission
salaries and expenses
(including transfer of funds)
For necessary expenses of the Postal Regulatory Commission in
carrying out the provisions of the Postal Accountability and Enhancement
Act (Public Law 109-435), $14,043,000, to be derived by transfer from
the Postal Service Fund and expended as authorized by section 603(a) of
such Act.
Privacy and Civil Liberties Oversight Board
salaries and expenses
For necessary expenses of the Privacy and Civil Liberties Oversight
Board, as authorized by section 1061 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), $1,500,000, to
remain available until September 30, 2010.
Securities and Exchange Commission
Salaries and Expenses
For necessary expenses for the Securities and Exchange Commission,
including services as authorized by 5 U.S.C. 3109, the rental of space
(to include multiple year leases) in the District of Columbia and
elsewhere, and not to exceed $3,500 for official reception and
representation expenses, $943,000,000, to remain available until
expended; of which not to exceed $20,000 may be used toward funding a
permanent secretariat for the International Organization of Securities
Commissions; and of which not to exceed $130,000 shall be available for
expenses for consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, members of their
delegations, appropriate representatives and staff to exchange views
concerning developments relating to securities matters, development and
implementation of cooperation agreements concerning securities matters
and provision of technical assistance for the development of foreign
securities markets, such expenses to include necessary logistic and
administrative expenses and the expenses of Commission staff and foreign
invitees in attendance at such consultations and meetings including: (1)
such incidental expenses as meals taken in the course of such
attendance; (2) any travel and transportation to or from such meetings;
and (3) any other related lodging or subsistence: Provided, That fees
and charges authorized by sections 6(b) of the Securities Exchange Act
of 1933 (15 U.S.C. 77f(b)), and 13(e), 14(g) and 31 of the Securities
Exchange Act of 1934 (15 U.S.C. 78m(e), 78n(g), and 78ee), shall be
credited to this account as offsetting collections: Provided further,
That not to exceed $894,356,000 of such offsetting collections shall be
available until expended for necessary expenses of this account:
Provided further, That $48,644,000 shall be derived from prior year
unobligated balances from funds previously appropriated to the
Securities and Exchange Commission: Provided further, That the total
amount appropriated under this heading from the general fund for fiscal
year 2009 shall be reduced as such offsetting fees are received
[[Page 123 STAT. 672]]
so as to result in a final total fiscal year 2009 appropriation from the
general fund estimated at not more than $0.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System, including
expenses of attendance at meetings and of training for uniformed
personnel assigned to the Selective Service System, as authorized by 5
U.S.C. 4101-4118 for civilian employees; purchase of uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901-5902; hire of
passenger motor vehicles; services as authorized by 5 U.S.C. 3109; and
not to exceed $750 for official reception and representation expenses;
$22,000,000: Provided, That <<NOTE: President. Exemption authority.>>
during the current fiscal year, the President may exempt this
appropriation from the provisions of 31 U.S.C. 1341, whenever the
President deems such action to be necessary in the interest of national
defense: <<NOTE: Military induction.>> Provided further, That none of
the funds appropriated by this Act may be expended for or in connection
with the induction of any person into the Armed Forces of the United
States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the Small
Business Administration as authorized by Public Law 108-447, including
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344, and not to exceed $3,500 for official reception and representation
expenses, $386,896,000: Provided, That the Administrator is authorized
to charge fees to cover the cost of publications developed by the Small
Business Administration, and certain loan program activities, including
fees authorized by section 5(b) of the Small Business Act: Provided
further, That, notwithstanding 31 U.S.C. 3302, revenues received from
all such activities shall be credited to this account, to remain
available until expended, for carrying out these purposes without
further appropriations: Provided further, That $110,000,000 shall be
available to fund grants for performance in fiscal year 2009 or fiscal
year 2010 as authorized, of which $1,000,000 shall be for the Veterans
Assistance and Services Program authorized by section 21(n) of the Small
Business Act, as added by section 107 of Public Law 110-186, and of
which $1,000,000 shall be for the Small Business Energy Efficiency
Program authorized by section 1203(c) of Public Law 110-140: Provided
further, That $7,654,400 shall be available for the Loan Modernization
and Accounting System, to be available until September 30, 2010.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$16,750,000.
[[Page 123 STAT. 673]]
surety bond guarantees revolving fund
For additional capital for the Surety Bond Guarantees Revolving
Fund, authorized by the Small Business Investment Act of 1958,
$2,000,000, to remain available until expended.
Business Loans Program Account
(including transfers of funds)
For the cost of direct loans, $2,500,000, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That subject to section 502 of the
Congressional Budget Act of 1974, during fiscal year 2009 commitments to
guarantee loans under section 503 of the Small Business Investment Act
of 1958 shall not exceed $7,500,000,000: Provided further, That during
fiscal year 2009 commitments for general business loans authorized under
section 7(a) of the Small Business Act shall not exceed $17,500,000,000:
Provided further, That during fiscal year 2009 commitments to
guarantee loans for debentures under section 303(b) of the Small
Business Investment Act of 1958, shall not exceed $3,000,000,000:
Provided further, That during fiscal year 2009, guarantees of trust
certificates authorized by section 5(g) of the Small Business Act shall
not exceed a principal amount of $12,000,000,000. In addition, for
administrative expenses to carry out the direct and guaranteed loan
programs, $138,480,000, which may be transferred to and merged with the
appropriations for Salaries and Expenses.
administrative provisions--small business administration
(including transfer of funds)
Sec. 520. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by more
than 10 percent by any such transfers: Provided, That any transfer
pursuant to this paragraph shall be treated as a reprogramming of funds
under section 608 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
Sec. 521. <<NOTE: Disaster assistance. Alaska. North Dakota.>> All
disaster loans issued in Alaska or North Dakota shall be administered by
the Small Business Administration and shall not be sold during fiscal
year 2009.
Sec. 522. None of the funds made available under this Act may be
used by the Small Business Administration to implement the rule relating
to women-owned small business Federal contract assistance procedures
published in the Federal Register on October 1, 2008 (73 Fed. Reg. 56940
et seq.).
Sec. 523. Of the amount made available under the heading ``State and
Tribal Assistance Grants'' under title II of division F of the
Consolidated Appropriations Act, 2008 (Public Law 110-161; 121 Stat.
2125) for the Mingo County Redevelopment Authority, $2,953,000 is
transferred to the ``Salaries and Expenses'' account of the Small
Business Administration. The amount transferred under this section shall
be for the Mingo County Redevelopment Authority and shall be available
for use under the terms
[[Page 123 STAT. 674]]
and conditions otherwise applicable to amounts appropriated for the
``Salaries and Expenses'' account of the Small Business Administration
and shall remain available until expended.
Sec. 524. Funds made available under section 534 of Public Law 110-
161 (121 Stat. 2125) for the Alabama Small Business Institute of
Commerce, Small Business Incubator, Rainbow City, Alabama shall be made
available to Alabama Small Business Institute of Commerce, Rainbow City,
Alabama.
Sec. 525. For an additional amount under the heading ``Small
Business Administration, Salaries and Expenses'', $65,653,678, to remain
available until September 30, 2010, shall be for initiatives related to
small business development and entrepreneurship, including programmatic
and construction activities, and in the amounts specified in the table
that appears under the heading ``Administrative Provisions-Small
Business Administration'' in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act).
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone on free
and reduced rate mail, pursuant to subsections (c) and (d) of section
2401 of title 39, United States Code, $111,831,000, of which $82,831,000
shall not be available for obligation until October 1,
2009: <<NOTE: Overseas voting. Blind persons.>> Provided, That mail for
overseas voting and mail for the blind shall continue to be free:
Provided further, That 6-day delivery and rural delivery of mail shall
continue at not less than the 1983 level: Provided further, That none of
the funds made available to the Postal Service by this Act shall be used
to implement any rule, regulation, or policy of charging any officer or
employee of any State or local child support enforcement agency, or any
individual participating in a State or local program of child support
enforcement, a fee for information requested or provided concerning an
address of a postal customer: Provided further, That none of the funds
provided in this Act shall be used to consolidate or close small rural
and other small post offices in fiscal year 2009.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$239,356,000, to be derived by transfer from the Postal Service Fund and
expended as authorized by section 603(b)(3) of the Postal Accountability
and Enhancement Act (Public Law 109-435).
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $48,463,000: Provided,
[[Page 123 STAT. 675]]
That travel expenses of the judges shall be paid upon the written
certificate of the judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
Sec. 601. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 602. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 603. The <<NOTE: Contracts.>> expenditure of any
appropriation under this Act for any consulting service through
procurement contract pursuant to section 3109 of title 5, United States
Code, shall be limited to those contracts where such expenditures are a
matter of public record and available for public inspection, except
where otherwise provided under existing law, or under existing Executive
order issued pursuant to existing law.
Sec. 604. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 605. None of the funds made available by this Act shall be
available for any activity or for paying the salary of any Government
employee where funding an activity or paying a salary to a Government
employee would result in a decision, determination, rule, regulation, or
policy that would prohibit the enforcement of section 307 of the Tariff
Act of 1930 (19 U.S.C. 1307).
Sec. 606. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with the Buy American Act (41 U.S.C.
10a-10c).
Sec. 607. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
Sec. 608. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2009, or provided from any
accounts in the Treasury derived by the collection of fees and available
to the agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that: (1) creates a new
program; (2) eliminates a program, project, or activity; (3) increases
funds or personnel for any program, project, or activity for which funds
have been denied or restricted by the Congress; (4) proposes to use
funds directed for a specific activity by either the House or Senate
Committees on Appropriations for a different purpose; (5) augments
existing programs, projects, or activities in excess of $5,000,000 or 10
percent, whichever is less; (6) reduces existing programs, projects, or
activities by $5,000,000 or 10 percent, whichever is less; or (7)
creates or
[[Page 123 STAT. 676]]
reorganizes offices, programs, or activities unless prior approval is
received from the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That prior to any significant
reorganization or restructuring of offices, programs, or activities,
each agency or entity funded in this Act shall consult with the
Committees on Appropriations of the House of Representatives and the
Senate: Provided further, That <<NOTE: Deadline. Reports.>> 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 <<NOTE: Reports.>> 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: <<NOTE: Fines.>> Provided further, That the amount
appropriated or limited for salaries and expenses for an agency shall be
reduced by $100,000 per day for each day after the required date that
the report has not been submitted to the Congress.
Sec. 609. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the end
of fiscal year 2009 from appropriations made available for salaries and
expenses for fiscal year 2009 in this Act, shall remain available
through September 30, 2010, for each such account for the purposes
authorized: <<NOTE: Expenditure request.>> Provided, That a request
shall be submitted to the Committees on Appropriations of the House of
Representatives and the Senate for approval prior to the expenditure of
such funds: Provided further, That these requests shall be made in
compliance with reprogramming guidelines.
Sec. 610. None of the funds made available in this Act may be used
by the Executive Office of the President to request from the Federal
Bureau of Investigation any official background investigation report on
any individual, except when--
(1) such individual has given his or her express written
consent for such request not more than 6 months prior to the
date of such request and during the same presidential
administration; or
(2) such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under section
26 of the Office of Federal Procurement Policy Act (Public Law 93-400;
41 U.S.C. 422) shall not apply with respect to a contract under the
Federal Employees Health Benefits Program established under chapter 89
of title 5, United States Code.
Sec. 612. For the purpose of resolving litigation and implementing
any settlement agreements regarding the nonforeign area cost-of-living
allowance program, the Office of Personnel Management may accept and
utilize (without regard to any restriction on unanticipated travel
expenses imposed in an Appropriations Act) funds made available to the
Office of Personnel Management pursuant to court approval.
Sec. 613. No <<NOTE: Abortion.>> funds appropriated by this Act
shall be available to pay for an abortion, or the administrative
expenses in connection
[[Page 123 STAT. 677]]
with any health plan under the Federal employees health benefits program
which provides any benefits or coverage for abortions.
Sec. 614. The <<NOTE: Abortion.>> provision of section 613 shall
not apply where the life of the mother would be endangered if the fetus
were carried to term, or the pregnancy is the result of an act of rape
or incest.
Sec. 615. In order to promote Government access to commercial
information technology, the restriction on purchasing nondomestic
articles, materials, and supplies set forth in the Buy American Act (41
U.S.C. 10a et seq.), shall not apply to the acquisition by the Federal
Government of information technology (as defined in section 11101 of
title 40, United States Code), that is a commercial item (as defined in
section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C.
403(12)).
Sec. 616. Section 5112 of title 31, United States Code (as amended
by Public Law 110-161), is amended--
(1) by redesignating the second subsection (r) as subsection
(s), and
(2) by striking ``paragraph (4)'' each place it appears in
subsection (s)(5) (as redesignated by paragraph (1)) and
inserting ``paragraph (3)''.
Sec. 617. Notwithstanding section 1353 of title 31, United States
Code, no officer or employee of any regulatory agency or commission
funded by this Act may accept on behalf of that agency, nor may such
agency or commission accept, payment or reimbursement from a non-Federal
entity for travel, subsistence, or related expenses for the purpose of
enabling an officer or employee to attend and participate in any meeting
or similar function relating to the official duties of the officer or
employee when the entity offering payment or reimbursement is a person
or entity subject to regulation by such agency or commission, or
represents a person or entity subject to regulation by such agency or
commission, unless the person or entity is an organization described in
section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code.
Sec. 618. Life Insurance For Tax Court Judges Age 65 or Over. (a) In
General.--Section 7472 of title 26, United States Code, is amended by
inserting after the word ``imposed'' where it appears in the second
sentence the following phrase ``after April 24, 1999, that is
incurred''.
(b) Effective Date.--This <<NOTE: 26 USC 7472 note.>> amendment
shall take effect as if included in the amendment made by section 852 of
the Pension Protection Act of 2006.
Sec. 619. The Public Company Accounting Oversight Board shall have
authority to obligate funds for the scholarship program established by
section 109(c)(2) of the Sarbanes-Oxley Act of 2002 (Public Law 107-204)
in an aggregate amount not exceeding the amount of funds collected by
the Board as of December 31, 2008, including accrued interest, as a
result of the assessment of monetary penalties. Funds available for
obligation in fiscal year 2009 shall remain available until expended.
Sec. 620. Section 910(a) of the Trade Sanctions Reform and Export
Enhancement Act of 2000 (22 U.S.C. 7209(a)) is amended to read as
follows:
``(a) Authorization of Travel Relating to Commercial Sales of
Agricultural and Medical Goods.--The
Secretary <<NOTE: Regulations. Cuba.>> of the Treasury shall promulgate
regulations under which the travel-related transactions listed in
paragraph (c) of section 515.560 of
[[Page 123 STAT. 678]]
title 31, Code of Federal Regulations, are authorized by general license
for travel to, from, or within Cuba for the marketing and sale of
agricultural and medical goods pursuant to the provisions of this
title.''.
Sec. 621. <<NOTE: Cuba.>> None of the funds made available in this
Act may be used to administer, implement, or enforce the amendments made
to section 515.560 and section 515.561 of title 31, Code of Federal
Regulations, related to travel to visit relatives in Cuba, that were
published in the Federal Register on June 16, 2004.
Sec. 622. None of the funds made available in this Act may be used
to administer, implement, or enforce the amendment made to section
515.533 of title 31, Code of Federal Regulations, that was published in
the Federal Register on February 25, 2005.
Sec. 623. Christopher Columbus Fellowship Authorization. The
Christopher Columbus Fellowship Act (20 U.S.C. 5701 et seq.) is
amended--
(1) in section 426(a) (20 U.S.C. 5705(a))--
(A) in paragraph (3), by striking ``and'' at the
end;
(B) by redesignating paragraph (4) as paragraph (5);
and
(C) by inserting after paragraph (3) the following:
``(4) amounts appropriated to the Foundation, as authorized
under section 430; and''; and
(2) by adding at the end the following new section:
``SEC. 430. <<NOTE: 20 USC 5709.>> AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Foundation, such
sums as may be necessary to carry out this subtitle.''.
Sec. 624. Notwithstanding <<NOTE: 12 USC 1843 note.>> any other
provision of law, for fiscal year 2009 and each fiscal year thereafter,
neither the Board of Governors of the Federal Reserve System nor the
Secretary of the Treasury may determine, by rule, regulation, order, or
otherwise, for purposes of section 4(k) of the Bank Holding Company Act
of 1956, or section 5136A of the Revised Statutes of the United States,
that real estate brokerage activity or real estate management activity
is an activity that is financial in nature, is incidental to any
financial activity, or is complementary to a financial activity. For
purposes <<NOTE: Definition.>> of this section, ``real estate brokerage
activity'' shall mean ``real estate brokerage'', and ``real estate
management activity'' shall mean ``property management'', as those terms
were understood by the Board of Governors of the Federal Reserve System
prior to March 11, 2000.
Sec. 625. (a) Section 102(a)(3)(B) of the Help America Vote Act of
2002 (42 U.S.C. 15302(a)(3)(B)) is amended by striking ``March 1, 2008''
and inserting ``November 1, 2010''.
(b) The <<NOTE: 42 USC 15302 note.>> amendment made by subsection
(a) shall take effect as if included in the enactment of the Help
America Vote Act of 2002.
Sec. 626. <<NOTE: Deadline. Regulations. Loans. 15 USC 1638 note.>>
(a) Within 90 days after the date of enactment of this Act, the Federal
Trade Commission shall initiate a rulemaking proceeding with respect to
mortgage loans in accordance with section 553 of title 5, United States
Code. Any violation of a rule prescribed under this subsection shall be
treated as a violation of a rule under section 18 of the Federal Trade
Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or
practices.
(b)(1) Except as provided in paragraph (6), a State, as parens
patriae, may bring a civil action on behalf of its residents in an
[[Page 123 STAT. 679]]
appropriate State or district court of the United States to enforce the
provisions of section 128 of the Truth in Lending Act (15 U.S.C. 1638),
any other provision of the Truth in Lending Act, or any mortgage loan
rule promulgated by the Federal Trade Commission to obtain penalties and
relief provided under such Act or rule whenever the attorney general of
the State has reason to believe that the interests of the residents of
the State have been or are being threatened or adversely affected by a
violation of such Act or rule.
(2) The <<NOTE: Notice. Deadline.>> State shall serve written
notice to the Commission of any civil action under paragraph (1) at
least 60 days prior to initiating such civil action. The notice shall
include a copy of the complaint to be filed to initiate such civil
action, except that if it is not feasible for the State to provide such
prior notice, the State shall provide notice immediately upon
instituting such civil action.
(3) Upon receiving the notice required by paragraph (2), the
Commission may intervene in such civil action and upon intervening--
(A) be heard on all matters arising in such civil action;
(B) remove the action to the appropriate United States
district court; and
(C) file petitions for appeal of a decision in such civil
action.
(4) Nothing in this subsection shall prevent the attorney general of
a State from exercising the powers conferred on the attorney general by
the laws of such State to conduct investigations or to administer oaths
or affirmations or to compel the attendance of witnesses or the
production of documentary and other evidence. Nothing in this section
shall prohibit the attorney general of a State, or other authorized
State officer, from proceeding in State or Federal court on the basis of
an alleged violation of any civil or criminal statute of that State.
(5) In a civil action brought under paragraph (1)--
(A) the venue shall be a judicial district in which the
defendant is found, is an inhabitant, or transacts business or
wherever venue is proper under section 1391 of title 28, United
States Code; and
(B) process may be served without regard to the territorial
limits of the district or of the State in which the civil action
is instituted.
(6) Whenever a civil action or an administrative action has been
instituted by or on behalf of the Commission for violation of any
provision of law or rule described in paragraph (1), no State may,
during the pendency of such action instituted by or on behalf of the
Commission, institute a civil action under that paragraph against any
defendant named in the complaint in such action for violation of any law
or rule as alleged in such complaint.
(7) If the attorney general of a State prevails in any civil action
under paragraph (1), the State can recover reasonable costs and attorney
fees from the lender or related party.
(c) Section 129 of the Truth in Lending Act (15 U.S.C. 1639) is
amended by adding at the end the following:
``(m) Civil Penalties in Federal Trade Commission Enforcement
Actions.--For purposes of enforcement by the Federal Trade Commission,
any violation of a regulation issued by the Federal Reserve Board
pursuant to subsection (l)(2) of this
[[Page 123 STAT. 680]]
section shall be treated as a violation of a rule promulgated under
section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) regarding
unfair or deceptive acts or practices.''.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
Sec. 701. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 2009 shall obligate or expend any such funds, unless such
department, agency, or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to ensure that
all of its workplaces are free from the illegal use, possession, or
distribution of controlled substances (as defined in the Controlled
Substances Act (21 U.S.C. 802)) by the officers and employees of such
department, agency, or instrumentality.
Sec. 702. Unless <<NOTE: 31 USC 1343 note.>> otherwise
specifically provided, the maximum amount allowable during the current
fiscal year in accordance with section 16 of the Act of August 2, 1946
(60 Stat. 810), for the purchase of any passenger motor vehicle
(exclusive of buses, ambulances, law enforcement, and undercover
surveillance vehicles), is hereby fixed at $13,197 except station wagons
for which the maximum shall be $13,631: Provided, That these limits may
be exceeded by not to exceed $3,700 for police-type vehicles, and by not
to exceed $4,000 for special heavy-duty vehicles: Provided further, That
the limits set forth in this section may not be exceeded by more than 5
percent for electric or hybrid vehicles purchased for demonstration
under the provisions of the Electric and Hybrid Vehicle Research,
Development, and Demonstration Act of 1976: Provided further, That the
limits set forth in this section may be exceeded by the incremental cost
of clean alternative fuels vehicles acquired pursuant to Public Law 101-
549 over the cost of comparable conventionally fueled vehicles.
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel, or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances, in accordance with 5 U.S.C. 5922-5924.
Sec. 704. Unless <<NOTE: 5 USC 3101 note.>> otherwise specified
during the current fiscal year, no part of any appropriation contained
in this or any other Act shall be used to pay the compensation of any
officer or employee of the Government of the United States (including
any agency the majority of the stock of which is owned by the Government
of the United States) whose post of duty is in the continental United
States unless such person: (1) is a citizen of the United States; (2) is
a person in the service of the United States on the date of the
enactment of this Act who, being eligible for citizenship, has filed a
declaration of intention to become a citizen of the United States prior
to such date and is actually residing in the United States; (3) is a
person who owes allegiance to the United States; (4) is an alien from
Cuba, Poland, South Vietnam, the countries of the former Soviet Union,
or the Baltic countries lawfully admitted to the United States for
permanent residence;
[[Page 123 STAT. 681]]
(5) is a South Vietnamese, Cambodian, or Laotian refugee paroled in the
United States after January 1, 1975; or (6) is a national of the
People's Republic of China who qualifies for adjustment of status
pursuant to the Chinese Student Protection Act of 1992 (Public Law 102-
404): <<NOTE: Affidavit.>> Provided, That for the purpose of this
section, an affidavit signed by any such person shall be considered
prima facie evidence that the requirements of this section with respect
to his or her status have been complied with: Provided further,
That <<NOTE: Penalties.>> any person making a false affidavit shall be
guilty of a felony, and, upon conviction, shall be fined no more than
$4,000 or imprisoned for not more than 1 year, or both: Provided
further, That the above penal clause shall be in addition to, and not in
substitution for, any other provisions of existing law: Provided
further, That any payment made to any officer or employee contrary to
the provisions of this section shall be recoverable in action by the
Federal Government. This section shall not apply to citizens of Ireland,
Israel, or the Republic of the Philippines, or to nationals of those
countries allied with the United States in a current defense effort, or
to international broadcasters employed by the Broadcasting Board of
Governors, or to temporary employment of translators, or to temporary
employment in the field service (not to exceed 60 days) as a result of
emergencies: Provided further, That this section does not apply to the
employment as Wildland firefighters for not more than 120 days of
nonresident aliens employed by the Department of the Interior or the
USDA Forest Service pursuant to an agreement with another country.
Sec. 705. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment
to the General Services Administration for charges for space and
services and those expenses of renovation and alteration of buildings
and facilities which constitute public improvements performed in
accordance with the Public Buildings Act of 1959 (73 Stat. 479), the
Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable
law.
Sec. 706. In addition to funds provided in this or any other Act,
all Federal agencies are authorized to receive and use funds resulting
from the sale of materials, including Federal records disposed of
pursuant to a records schedule recovered through recycling or waste
prevention programs. Such funds shall be available until expended for
the following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13423
(January 24, 2007), including any such programs adopted prior to
the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 707. Funds <<NOTE: Applicability.>> made available by this or
any other Act for administrative expenses in the current fiscal year of
the corporations and agencies subject to chapter 91 of title 31, United
States Code, shall be available, in addition to objects for which such
funds are otherwise available, for rent in the District of Columbia;
services in accordance with 5 U.S.C. 3109; and the objects specified
[[Page 123 STAT. 682]]
under this head, all the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the Act by which
they are made available: Provided, That in the event any functions
budgeted as administrative expenses are subsequently transferred to or
paid from other funds, the limitations on administrative expenses shall
be correspondingly reduced.
Sec. 708. No part of any appropriation contained in this or any
other Act shall be available for interagency financing of boards (except
Federal Executive Boards), commissions, councils, committees, or similar
groups (whether or not they are interagency entities) which do not have
a prior and specific statutory approval to receive financial support
from more than one agency or instrumentality.
Sec. 709. None of the funds made available pursuant to the
provisions of this Act shall be used to implement, administer, or
enforce any regulation which has been disapproved pursuant to a joint
resolution duly adopted in accordance with the applicable law of the
United States.
Sec. 710. (a) <<NOTE: 5 USC 5343 note.>> Notwithstanding any other
provision of law, and except as otherwise provided in this section, no
part of any of the funds appropriated for fiscal year 2009, by this or
any other Act, may be used to pay any prevailing rate employee described
in section 5342(a)(2)(A) of title 5, United States Code--
(1) during the period from the date of expiration of the
limitation imposed by the comparable section for previous fiscal
years until the normal effective date of the applicable wage
survey adjustment that is to take effect in fiscal year 2009, in
an amount that exceeds the rate payable for the applicable grade
and step of the applicable wage schedule in accordance with such
section; and
(2) during the period consisting of the remainder of fiscal
year 2009, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under paragraph (1) by more
than the sum of--
(A) the percentage adjustment taking effect in
fiscal year 2009 under section 5303 of title 5, United
States Code, in the rates of pay under the General
Schedule; and
(B) the difference between the overall average
percentage of the locality-based comparability payments
taking effect in fiscal year 2009 under section 5304 of
such title (whether by adjustment or otherwise), and the
overall average percentage of such payments which was
effective in the previous fiscal year under such
section.
(b) Notwithstanding any other provision of law, no prevailing rate
employee described in subparagraph (B) or (C) of section 5342(a)(2) of
title 5, United States Code, and no employee covered by section 5348 of
such title, may be paid during the periods for which subsection (a) is
in effect at a rate that exceeds the rates that would be payable under
subsection (a) were subsection (a) applicable to such employee.
(c) For <<NOTE: Regulations.>> the purposes of this section, the
rates payable to an employee who is covered by this section and who is
paid from a schedule not in existence on September 30, 2008, shall be
determined under regulations prescribed by the Office of Personnel
Management.
(d) Notwithstanding any other provision of law, rates of premium pay
for employees subject to this section may not be changed
[[Page 123 STAT. 683]]
from the rates in effect on September 30, 2008, except to the extent
determined by the Office of Personnel Management to be consistent with
the purpose of this section.
(e) This <<NOTE: Applicability.>> section shall apply with respect
to pay for service performed after September 30, 2008.
(f) For the purpose of administering any provision of law (including
any rule or regulation that provides premium pay, retirement, life
insurance, or any other employee benefit) that requires any deduction or
contribution, or that imposes any requirement or limitation on the basis
of a rate of salary or basic pay, the rate of salary or basic pay
payable after the application of this section shall be treated as the
rate of salary or basic pay.
(g) Nothing in this section shall be considered to permit or require
the payment to any employee covered by this section at a rate in excess
of the rate that would be payable were this section not in effect.
(h) The Office of Personnel Management may provide for exceptions to
the limitations imposed by this section if the Office determines that
such exceptions are necessary to ensure the recruitment or retention of
qualified employees.
Sec. 711. During <<NOTE: Notification.>> the period in which the
head of any department or agency, or any other officer or civilian
employee of the Federal Government appointed by the President of the
United States, holds office, no funds may be obligated or expended in
excess of $5,000 to furnish or redecorate the office of such department
head, agency head, officer, or employee, or to purchase furniture or
make improvements for any such office, unless advance notice of such
furnishing or redecoration is transmitted to the Committees on
Appropriations of the House of Representatives and the
Senate. <<NOTE: Definition.>> For the purposes of this section, the
term ``office'' shall include the entire suite of offices assigned to
the individual, as well as any other space used primarily by the
individual or the use of which is directly controlled by the individual.
Sec. 712. Notwithstanding section 1346 of title 31, United States
Code, or section 708 of this Act, funds made available for the current
fiscal year by this or any other Act shall be available for the
interagency funding of national security and emergency preparedness
telecommunications initiatives which benefit multiple Federal
departments, agencies, or entities, as provided by Executive Order No.
12472 (April 3, 1984).
Sec. 713. (a) None of the funds appropriated by this or any other
Act may be obligated or expended by any Federal department, agency, or
other instrumentality for the salaries or expenses of any employee
appointed to a position of a confidential or policy-determining
character excepted from the competitive service pursuant to section 3302
of title 5, United States Code, without a certification to the Office of
Personnel Management from the head of the Federal department, agency, or
other instrumentality employing the Schedule C appointee that the
Schedule C position was not created solely or primarily in order to
detail the employee to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed forces detailed to or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the National Geospatial-Intelligence Agency;
[[Page 123 STAT. 684]]
(5) the offices within the Department of Defense for the
collection of specialized national foreign intelligence through
reconnaissance programs;
(6) the Bureau of Intelligence and Research of the
Department of State;
(7) any agency, office, or unit of the Army, Navy, Air
Force, and Marine Corps, the Department of Homeland Security,
the Federal Bureau of Investigation and the Drug Enforcement
Administration of the Department of Justice, the Department of
Transportation, the Department of the Treasury, and the
Department of Energy performing intelligence functions; and
(8) the Director of National Intelligence or the Office of
the Director of National Intelligence.
Sec. 714. No part of any appropriation contained in this or any
other Act shall be available for the payment of the salary of any
officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or employee
or pertaining to the department or agency of such other officer
or employee in any way, irrespective of whether such
communication or contact is at the initiative of such other
officer or employee or in response to the request or inquiry of
such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of the
Federal Government, or attempts or threatens to commit any of
the foregoing actions with respect to such other officer or
employee, by reason of any communication or contact of such
other officer or employee with any Member, committee, or
subcommittee of the Congress as described in paragraph (1).
Sec. 715. (a) None of the funds made available in this or any other
Act may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
[[Page 123 STAT. 685]]
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 716. No funds appropriated in this or any other Act may be
used to implement or enforce the agreements in Standard Forms 312 and
4414 of the Government or any other nondisclosure policy, form, or
agreement if such policy, form, or agreement does not contain the
following provisions: ``These restrictions are consistent with and do
not supersede, conflict with, or otherwise alter the employee
obligations, rights, or liabilities created by Executive Order No.
12958; section 7211 of title 5, United States Code (governing
disclosures to Congress); section 1034 of title 10, United States Code,
as amended by the Military Whistleblower Protection Act (governing
disclosure to Congress by members of the military); section 2302(b)(8)
of title 5, United States Code, as amended by the Whistleblower
Protection Act of 1989 (governing disclosures of illegality, waste,
fraud, abuse or public health or safety threats); the Intelligence
Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing
disclosures that could expose confidential Government agents); and the
statutes which protect against disclosure that may compromise the
national security, including sections 641, 793, 794, 798, and 952 of
title 18, United States Code, and section 4(b) of the Subversive
Activities Act of 1950 (50 U.S.C. 783(b)). The definitions,
requirements, obligations, rights, sanctions, and liabilities created by
said Executive order and listed statutes are incorporated into this
agreement and are controlling.'': Provided, That notwithstanding the
preceding paragraph, a nondisclosure policy form or agreement that is to
be executed by a person connected with the conduct of an intelligence or
intelligence-related activity, other than an employee or officer of the
United States Government, may contain provisions appropriate to the
particular activity for which such document is to be used. Such form or
agreement shall, at a minimum, require that the person will not disclose
any classified information received in the course of such activity
unless specifically authorized to do so by the United States Government.
Such nondisclosure forms shall also make it clear that they do not bar
disclosures to Congress, or to an authorized official of an executive
agency or the Department of Justice, that are essential to reporting a
substantial violation of law.
Sec. 717. No part of any funds appropriated in this or any other
Act shall be used by an agency of the executive branch, other than for
normal and recognized executive-legislative relationships, for publicity
or propaganda purposes, and for the preparation, distribution or use of
any kit, pamphlet, booklet, publication, radio, television, or film
presentation designed to support or defeat legislation pending before
the Congress, except in presentation to the Congress itself.
Sec. 718. None of the funds appropriated by this or any other Act
may be used by an agency to provide a Federal employee's home address to
any labor organization except when the employee has authorized such
disclosure or when such disclosure has been ordered by a court of
competent jurisdiction.
Sec. 719. None of the funds made available in this Act or any other
Act may be used to provide any non-public information such as mailing or
telephone lists to any person or any organization outside of the Federal
Government without the approval of the
[[Page 123 STAT. 686]]
Committees on Appropriations of the House of Representatives and the
Senate.
Sec. 720. No part of any appropriation contained in this or any
other Act shall be used directly or indirectly, including by private
contractor, for publicity or propaganda purposes within the United
States not heretofor authorized by the Congress.
Sec. 721. (a) <<NOTE: Definitions.>> In this section, the term
``agency''--
(1) means an Executive agency, as defined under section 105
of title 5, United States Code;
(2) includes a military department, as defined under section
102 of such title, the Postal Service, and the Postal Regulatory
Commission; and
(3) shall not include the Government Accountability Office.
(b) Unless authorized in accordance with law or regulations to use
such time for other purposes, an employee of an agency shall use
official time in an honest effort to perform official duties. An
employee not under a leave system, including a Presidential appointee
exempted under section 6301(2) of title 5, United States Code, has an
obligation to expend an honest effort and a reasonable proportion of
such employee's time in the performance of official duties.
Sec. 722. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act to any department or agency, which is a member of the Federal
Accounting Standards Advisory Board (FASAB), shall be available to
finance an appropriate share of FASAB administrative costs.
(transfer of funds)
Sec. 723. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, the head of each Executive department and agency is hereby
authorized to transfer to or reimburse ``General Services
Administration, Government-wide Policy'' with the approval of the
Director of the Office of Management and Budget, funds made available
for the current fiscal year by this or any other Act, including rebates
from charge card and other contracts: Provided, That these funds shall
be administered by the Administrator of General Services to support
Government-wide financial, information technology, procurement, and
other management innovations, initiatives, and activities, as approved
by the Director of the Office of Management and Budget, in consultation
with the appropriate interagency groups designated by the Director
(including the President's Management Council for overall management
improvement initiatives, the Chief Financial Officers Council for
financial management initiatives, the Chief Information Officers Council
for information technology initiatives, the Chief Human Capital Officers
Council for human capital initiatives, and the Chief Acquisition
Officers Council for procurement initiatives): Provided further, That
the total funds transferred or reimbursed shall not exceed
$17,000,000: <<NOTE: Notification.>> Provided further, That such
transfers or reimbursements may only be made after 15 days following
notification of the Committees on Appropriations by the Director of the
Office of Management and Budget.
Sec. 724. Notwithstanding <<NOTE: Breastfeeding.>> any other
provision of law, a woman may breastfeed her child at any location in a
Federal building or on Federal property, if the woman and her child are
otherwise authorized to be present at the location.
[[Page 123 STAT. 687]]
Sec. 725. Notwithstanding section 1346 of title 31, United States
Code, or section 708 of this Act, funds made available for the current
fiscal year by this or any other Act shall be available for the
interagency funding of specific projects, workshops, studies, and
similar efforts to carry out the purposes of the National Science and
Technology Council (authorized by Executive Order No. 12881), which
benefit multiple Federal departments, agencies, or entities: Provided,
That <<NOTE: Reports. Deadline.>> the Office of Management and Budget
shall provide a report describing the budget of and resources connected
with the National Science and Technology Council to the Committees on
Appropriations, the House Committee on Science and Technology, and the
Senate Committee on Commerce, Science, and Transportation 90 days after
enactment of this Act.
Sec. 726. Any request for proposals, solicitation, grant
application, form, notification, press release, or other publications
involving the distribution of Federal funds shall indicate the agency
providing the funds, the Catalog of Federal Domestic Assistance Number,
as applicable, and the amount provided: <<NOTE: Applicability.>>
Provided, That this provision shall apply to direct payments, formula
funds, and grants received by a State receiving Federal funds.
Sec. 727. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available in this or
any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally
identifiable information relating to an individual's access to
or use of any Federal Government Internet site of the agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to an
individual's access to or use of any nongovernmental Internet
site.
(b) Exceptions.--The limitations established in subsection (a) shall
not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet site
and is necessarily incident to providing the Internet site
services or to protecting the rights or property of the provider
of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety and
soundness, overall financial condition, management practices and
policies and compliance with applicable standards as provided in
law.
Sec. 728. (a) <<NOTE: Contracts. Contraception.>> None of the funds
appropriated by this Act may be used to enter into or renew a contract
which includes a provision
[[Page 123 STAT. 688]]
providing prescription drug coverage, except where the contract also
includes a provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the plan
objects to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into or
renews a contract under this section may not subject any individual to
discrimination on the basis that the individual refuses to prescribe or
otherwise provide for contraceptives because such activities would be
contrary to the individual's religious beliefs or moral convictions.
(d) Nothing <<NOTE: Abortion.>> in this section shall be construed
to require coverage of abortion or abortion-related services.
Sec. 729. The <<NOTE: Sports. Drugs and drug abuse.>> Congress of
the United States recognizes the United States Anti-Doping Agency
(USADA) as the official anti-doping agency for Olympic, Pan American,
and Paralympic sport in the United States.
Sec. 730. Notwithstanding any other provision of law, funds
appropriated for official travel by Federal departments and agencies may
be used by such departments and agencies, if consistent with Office of
Management and Budget Circular A-126 regarding official travel for
Government personnel, to participate in the fractional aircraft
ownership pilot program.
Sec. 731. Notwithstanding any other provision of law, none of the
funds appropriated or made available under this Act or any other
appropriations Act may be used to implement or enforce restrictions or
limitations on the Coast Guard Congressional Fellowship Program, or to
implement the proposed regulations of the Office of Personnel Management
to add sections 300.311 through 300.316 to part 300 of title 5 of the
Code of Federal Regulations, published in the Federal Register, volume
68, number 174, on September 9, 2003 (relating to the detail of
executive branch employees to the legislative branch).
Sec. 732. Notwithstanding any other provision of law, no executive
branch agency shall purchase, construct, and/or lease any additional
facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without the advance approval of the Committees on Appropriations, except
that the Federal Law Enforcement Training Center is authorized to obtain
the temporary use of additional facilities by lease, contract, or other
agreement for training which cannot be accommodated in existing Center
facilities.
Sec. 733. (a) <<NOTE: Reports.>> For fiscal year 2009, no funds
shall be available for transfers or reimbursements to the E-Government
initiatives sponsored by the Office of Management and Budget prior to 15
days following submission of a report to the Committees on
Appropriations by the Director of the Office of Management and Budget
and receipt of approval to transfer funds by the Committees on
Appropriations of the House of Representatives and the Senate.
(b) The <<NOTE: Justification materials.>> report in (a) and other
required justification materials shall include at a minimum--
(1) a description of each initiative including but not
limited to its objectives, benefits, development status, risks,
cost effectiveness (including estimated net costs or savings to
the
[[Page 123 STAT. 689]]
government), and the estimated date of full operational
capability;
(2) the total development cost of each initiative by fiscal
year including costs to date, the estimated costs to complete
its development to full operational capability, and estimated
annual operations and maintenance costs; and
(3) the sources and distribution of funding by fiscal year
and by agency and bureau for each initiative including agency
contributions to date and estimated future contributions by
agency.
(c) No funds shall be available for obligation or expenditure for
new E-Government initiatives without the explicit approval of the
Committees on Appropriations of the House of Representatives and the
Senate.
Sec. 734. Notwithstanding section 1346 of title 31, United States
Code, and section 708 of this Act and any other provision of law, the
head of each appropriate executive department and agency shall transfer
to or reimburse the Federal Aviation Administration, upon the direction
of the Director of the Office of Management and Budget, funds made
available by this or any other Act for the purposes described below, and
shall submit budget requests for such purposes. These funds shall be
administered by the Federal Aviation Administration, in consultation
with the appropriate interagency groups designated by the Director and
shall be used to ensure the uninterrupted, continuous operation of the
Midway Atoll Airfield by the Federal Aviation Administration pursuant to
an operational agreement with the Department of the Interior for the
entirety of fiscal year 2009 and any period thereafter that precedes the
enactment of the Financial Services and General Government
Appropriations Act, 2010. The Director of the Office of Management and
Budget shall mandate the necessary transfers after determining an
equitable allocation between the appropriate executive departments and
agencies of the responsibility for funding the continuous operation of
the Midway Atoll Airfield based on, but not limited to, potential use,
interest in maintaining aviation safety, and applicability to
governmental operations and agency mission. The total funds transferred
or reimbursed shall not exceed $6,000,000 for any 12-month period. Such
sums shall be sufficient to ensure continued operation of the airfield
throughout the period cited above. Funds shall be available for
operation of the airfield or airfield-related capital
upgrades. <<NOTE: Notification. Deadline.>> The Director of the Office
of Management and Budget shall notify the Committees on Appropriations
of such transfers or reimbursements within 15 days of this
Act. <<NOTE: Time period.>> Such transfers or reimbursements shall
begin within 30 days of enactment of this Act.
Sec. 735. Section 739(a)(1) of division D of the Consolidated
Appropriations Act, 2008 <<NOTE: 31 USC 501 note.>> (Public Law 110-
161; 121 Stat. 2029) is amended by striking ``more than 10''.
Sec. 736. Section 739 of division D of the Consolidated
Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 2030) is amended
by striking subsection (b) and inserting the following:
``(b) Guidelines on Insourcing New and Contracted Out Functions.--
``(1) Guidelines required.--(A) The <<NOTE: Procedures.>>
heads of executive agencies subject to the Federal Activities
Inventory Reform Act of 1998 (Public Law 105-270; 31 U.S.C. 501
note) shall devise and implement guidelines and procedures to
ensure that
[[Page 123 STAT. 690]]
consideration is given to using, on a regular basis, Federal
employees to perform new functions and functions that are
performed by contractors and could be performed by Federal
employees.
``(B) The guidelines and procedures required under
subparagraph (A) may not include any specific limitation or
restriction on the number of functions or activities that may be
converted to performance by Federal employees.
``(2) Special consideration for certain functions.--The
guidelines and procedures required under paragraph (1) shall
provide for special consideration to be given to using Federal
employees to perform any function that--
``(A) is performed by a contractor and--
``(i) has been performed by Federal employees
at any time during the previous 10 years;
``(ii) is a function closely associated with
the performance of an inherently governmental
function;
``(iii) has been performed pursuant to a
contract awarded on a non-competitive basis; or
``(iv) has been performed poorly, as
determined by a contracting officer during the 5-
year period preceding the date of such
determination, because of excessive costs or
inferior quality; or
``(B) is a new requirement, with particular emphasis
given to a new requirement that is similar to a function
previously performed by Federal employees or is a
function closely associated with the performance of an
inherently governmental function.
``(3) Exclusion of certain functions from competitions.--The
head of an executive agency may not conduct a public-private
competition under Office of Management and Budget Circular A-76
or any other provision of law or regulation before--
``(A) in the case of a new agency function,
assigning the performance of the function to Federal
employees;
``(B) in the case of any agency function described
in paragraph (2), converting the function to performance
by Federal employees; or
``(C) in the case of an agency function performed by
Federal employees, expanding the scope of the function.
``(4) Deadline.--(A) The head of each executive agency shall
implement the guidelines and procedures required under this
subsection by not later than 120 days after the date of the
enactment of this subsection.
``(B) Not <<NOTE: Reports.>> later than 210 days after the
date of the enactment of this subsection, the Government
Accountability Office shall submit a report on the
implementation of this subsection to the Committees on
Appropriations of the House of Representatives and the Senate,
the Committee on Oversight and Government Reform of the House of
Representatives, and the Committee on Homeland Security and
Governmental Affairs of the Senate.
``(5) Definitions.--In this subsection:
``(A) The term `inherently governmental functions'
has the meaning given such term in subpart 7.5 of part 7
of the Federal Acquisition Regulation.
[[Page 123 STAT. 691]]
``(B) The term `functions closely associated with
inherently governmental functions' means the functions
described in section 7.503(d) of the Federal Acquisition
Regulation.
``(6) Applicability.--This subsection shall not apply to the
Department of Defense.''.
Sec. 737. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or announce a
study or public-private competition regarding the conversion to
contractor performance of any function performed by Federal employees
pursuant to Office of Management and Budget Circular A-76 or any other
administrative regulation, directive, or policy.
Sec. 738. (a) Section 142(a) of division A of the Consolidated
Security, Disaster Assistance, and Continuing Appropriations Act, 2009
(Public Law 110-329; 122 Stat. 3580) <<NOTE: 5 USC 5303 note.>> is
amended by striking ``Security.'' and inserting ``Security and shall
apply to civilian employees in the Department of Defense who are
represented by a labor organization as defined in section 7103(a)(4) of
title 5, United States Code.''.
(b) The <<NOTE: 5 USC 5303 note.>> amendment made by subsection (a)
shall take effect as if included in the enactment of the Consolidated
Security, Disaster Assistance, and Continuing Appropriations Act, 2009.
Sec. 739. Unless <<NOTE: News story.>> otherwise authorized by
existing law, none of the funds provided in this Act or any other Act
may be used by an executive branch agency to produce any prepackaged
news story intended for broadcast or distribution in the United States,
unless the story includes a clear notification within the text or audio
of the prepackaged news story that the prepackaged news story was
prepared or funded by that executive branch agency.
Sec. 740. None of the funds made available in this Act may be used
in contravention of section 552a of title 5, United States Code
(popularly known as the Privacy Act) and regulations implementing that
section.
Sec. 741. Each <<NOTE: 5 USC 5701 note.>> executive department and
agency shall evaluate the creditworthiness of an individual before
issuing the individual a government travel charge card. Such evaluations
for individually-billed travel charge cards shall include an assessment
of the individual's consumer report from a consumer reporting agency as
those terms are defined in section 603 of the Fair Credit Reporting Act
(Public Law 91-508): Provided, That the department or agency may not
issue a government travel charge card to an individual that either lacks
a credit history or is found to have an unsatisfactory credit history as
a result of this evaluation: Provided further, That this restriction
shall not preclude issuance of a restricted-use charge, debit, or stored
value card made in accordance with agency procedures to: (1) an
individual with an unsatisfactory credit history where such card is used
to pay travel expenses and the agency determines there is no suitable
alternative payment mechanism available before issuing the card; or (2)
an individual who lacks a credit
history. <<NOTE: Guidelines. Procedures.>> Each executive department
and agency shall establish guidelines and procedures for disciplinary
actions to be taken against agency personnel for improper, fraudulent,
or abusive use of government charge cards, which shall include
appropriate disciplinary actions for use of charge cards for purposes,
and at establishments, that are inconsistent with the official business
of the Department or agency or with applicable standards of conduct.
[[Page 123 STAT. 692]]
Sec. 742. Crosscut Budget. (a) Definitions.--For purposes of this
section the following definitions apply:
(1) Great lakes.--The terms ``Great Lakes'' and ``Great
Lakes State'' have the same meanings as such terms have in
section 506 of the Water Resources Development Act of 2000 (42
U.S.C. 1962d-22).
(2) Great lakes restoration activities.--The term ``Great
Lakes restoration activities'' means any Federal or State
activity primarily or entirely within the Great Lakes watershed
that seeks to improve the overall health of the Great Lakes
ecosystem.
(b) Report.--Not later <<NOTE: Certification.>> than 45 days after
submission of the budget of the President to Congress, the Director of
the Office of Management and Budget, in coordination with the Governor
of each Great Lakes State and the Great Lakes Interagency Task Force,
shall submit to the appropriate authorizing and appropriating committees
of the Senate and the House of Representatives a financial report,
certified by the Secretary of each agency that has budget authority for
Great Lakes restoration activities, containing--
(1) an interagency budget crosscut report that--
(A) displays the budget proposed, including any
planned interagency or intra-agency transfer, for each
of the Federal agencies that carries out Great Lakes
restoration activities in the upcoming fiscal year,
separately reporting the amount of funding to be
provided under existing laws pertaining to the Great
Lakes ecosystem; and
(B) identifies all expenditures since fiscal year
2004 by the Federal Government and State governments for
Great Lakes restoration activities;
(2) a detailed accounting of all funds received and
obligated by all Federal agencies and, to the extent available,
State agencies using Federal funds, for Great Lakes restoration
activities during the current and previous fiscal years;
(3) a budget for the proposed projects (including a
description of the project, authorization level, and project
status) to be carried out in the upcoming fiscal year with the
Federal portion of funds for activities; and
(4) a listing of all projects to be undertaken in the
upcoming fiscal year with the Federal portion of funds for
activities.
Sec. 743. (a) In General.--None of the funds appropriated or
otherwise made available by this or any other Act may be used for any
Federal Government contract with any foreign incorporated entity which
is treated as an inverted domestic corporation under section 835(b) of
the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any subsidiary of
such an entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive subsection (a)
with respect to any Federal Government contract under the
authority of such Secretary if the Secretary determines that the
waiver is required in the interest of national security.
(2) Report to congress.--Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the enactment of
this Act, or to any task order issued pursuant to such contract.
[[Page 123 STAT. 693]]
Sec. 744. (a) <<NOTE: Web links. 5 USC app. 8L.>> Each executive
department and agency shall establish and maintain on the homepage of
its website, an obvious, direct link to the website of its respective
Inspector General.
(b) Each <<NOTE: Web posting.>> Office of Inspector General shall:
(1) post on its website any public report or audit or portion of any
report or audit issued within one day of its release; (2) provide a
service on its website to allow an individual to request automatic
receipt of information relating to any public report or audit or portion
of that report or audit and which permits electronic transmittal of the
information, or notice of the availability of the information without
further request; and (3) establish and maintain a direct link on its
website for individuals to anonymously report waste, fraud and abuse.
Sec. 745. None of the funds made available by this or any other Act
may be used to implement, administer, enforce, or apply the rule
entitled ``Competitive Area'' published by the Office of Personnel
Management in the Federal Register on April 15, 2008 (73 Fed. Reg. 20180
et seq.).
Sec. 746. None of the funds made available by this or any other Act
may be used to implement, administer, or enforce section 5(b) of
Executive Order 13422 (72 Fed. Reg. 2763; relating to Regulatory Policy
Officer).
Sec. 747. <<NOTE: Deadline. Reports.>> No later than 120 days after
enactment of this Act, the Office of Management and Budget shall submit
a status report on the pilot program, established under section 748 of
division D of Public Law 110-161, to develop and implement an inventory
to track the cost and size (in contractor manpower equivalents) of
service contracts, particularly with respect to contracts that have been
performed poorly by a contractor because of excessive costs or inferior
quality, as determined by a contracting officer within the last 5 years,
involve inherently governmental functions, or were undertaken without
competition.
Sec. 748. Executive <<NOTE: 42 USC 4321 note.>> Order 13423 (72
Fed. Reg. 3919; Jan. 24, 2007) shall remain in effect hereafter except
as otherwise provided by law after the date of the enactment of this
Act.
Sec. 749. <<NOTE: Effective date. 5 USC 5501 note prec.>> Effective
January 20, 2009, and for each fiscal year thereafter, no part of any
appropriation contained in this or any other Act may be used for the
payment of services to any individual carrying out the responsibilities
of any position requiring Senate advice and consent in an acting or
temporary capacity after the second submission of a nomination for that
individual to that position has been withdrawn or returned to the
President.
Sec. 750. Except <<NOTE: 28 USC 461 note.>> as expressly provided
otherwise, any reference to ``this Act'' contained in any title other
than title IV or VIII shall not apply to such title IV or VIII.
Sec. 751. Nonreduction in Pay While Federal Employee is Performing
Active Service in the Uniformed Services or National Guard. (a) In
General.--Subchapter IV of chapter 55 of title 5, United States Code, is
amended by adding at the end the following:
``Sec. 5538. Nonreduction in pay while serving in the uniformed services
or National Guard
``(a) An employee who is absent from a position of employment with
the Federal Government in order to perform active duty in the uniformed
services pursuant to a call or order to active duty under a provision of
law referred to in section 101(a)(13)(B) of title 10 shall be entitled,
while serving on active duty, to receive,
[[Page 123 STAT. 694]]
for each pay period described in subsection (b), an amount equal to the
amount by which--
``(1) the amount of basic pay which would otherwise have
been payable to such employee for such pay period if such
employee's civilian employment with the Government had not been
interrupted by that service, exceeds (if at all)
``(2) the amount of pay and allowances which (as determined
under subsection (d))--
``(A) is payable to such employee for that service;
and
``(B) is allocable to such pay period.
``(b)(1) Amounts under this section shall be payable with respect to
each pay period (which would otherwise apply if the employee's civilian
employment had not been interrupted)--
``(A) during which such employee is entitled to reemployment
rights under chapter 43 of title 38 with respect to the position
from which such employee is absent (as referred to in subsection
(a)); and
``(B) for which such employee does not otherwise receive
basic pay (including by taking any annual, military, or other
paid leave) to which such employee is entitled by virtue of such
employee's civilian employment with the Government.
``(2) For purposes of this section, the period during which an
employee is entitled to reemployment rights under chapter 43 of title
38--
``(A) shall be determined disregarding the provisions of
section 4312(d) of title 38; and
``(B) shall include any period of time specified in section
4312(e) of title 38 within which an employee may report or apply
for employment or reemployment following completion of service
on active duty to which called or ordered as described in
subsection (a).
``(c) Any amount payable under this section to an employee shall be
paid--
``(1) by such employee's employing agency;
``(2) from the appropriation or fund which would be used to
pay the employee if such employee were in a pay status; and
``(3) to the extent practicable, at the same time and in the
same manner as would basic pay if such employee's civilian
employment had not been interrupted.
``(d) The <<NOTE: Regulations.>> Office of Personnel Management
shall, in consultation with Secretary of Defense, prescribe any
regulations necessary to carry out the preceding provisions of this
section.
``(e)(1) The <<NOTE: Procedures.>> head of each agency referred to
in section 2302(a)(2)(C)(ii) shall, in consultation with the Office,
prescribe procedures to ensure that the rights under this section apply
to the employees of such agency.
``(2) The Administrator of the Federal Aviation Administration
shall, in consultation with the Office, prescribe procedures to ensure
that the rights under this section apply to the employees of that
agency.
``(f) For <<NOTE: Definitions.>> purposes of this section--
``(1) the terms `employee', `Federal Government', and
`uniformed services' have the same respective meanings as given
those terms in section 4303 of title 38;
``(2) the term `employing agency', as used with respect to
an employee entitled to any payments under this section,
[[Page 123 STAT. 695]]
means the agency or other entity of the Government (including an
agency referred to in section 2302(a)(2)(C)(ii)) with respect to
which such employee has reemployment rights under chapter 43 of
title 38; and
``(3) the term `basic pay' includes any amount payable under
section 5304.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 55 of title 5, United States Code, is amended by inserting after
the item relating to section 5537 the following:
``5538. Nonreduction in pay while serving in the uniformed services or
National Guard.''.
(c) Effective Date.--The <<NOTE: 5 USC 5538 note.>> amendments made
by this section shall apply with respect to pay periods (as described in
section 5538(b) of title 5, United States Code, as amended by this
section) beginning on or after the date of enactment of this Act.
Sec. 752. <<NOTE: Deadlines. Reports.>> Not later than 120 days
after enactment of this Act, each executive department and agency shall
submit to the Director of the Office of Management and Budget a report
stating the total size of its workforce, differentiated by number of
civilian, military, and contract workers as of December 31,
2008. <<NOTE: Statement.>> 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.
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.
Sec. 802. Appropriations in this Act shall be available for
expenses of travel and for the payment of dues of organizations
concerned with the work of the District of Columbia government, when
authorized by the Mayor, or, in the case of the Council of the District
of Columbia, funds may be expended with the authorization of the
Chairman of the Council.
Sec. 803. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of legal settlements or judgments that have been
entered against the District of Columbia government.
Sec. 804. (a) <<NOTE: Lobbying.>> None of the Federal funds
provided in this Act shall be used for publicity or propaganda purposes
or implementation of any policy including boycott designed to support or
defeat legislation pending before Congress or any State legislature.
(b) The District of Columbia may use local funds provided in this
title to carry out lobbying activities on any matter.
Sec. 805. (a) None of the funds provided under this Act to the
agencies funded by this Act, both Federal and District government
agencies, that remain available for obligation or expenditure in fiscal
year 2009, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available
[[Page 123 STAT. 696]]
to the agencies funded by this Act, shall be available for obligation or
expenditures for an agency through a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds have
been denied or restricted;
(5) reestablishes any program or project previously deferred
through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds in excess
of $3,000,000 or 10 percent, whichever is less; or
(7) increases <<NOTE: Notification. Deadlines. Reports.>>
by 20 percent or more personnel assigned to a specific program,
project or responsibility center,
unless in the case of Federal funds, the Committees on Appropriations of
the House of Representatives and the Senate are notified in writing 15
days in advance of the reprogramming and in the case of local funds, the
Committees on Appropriations of the House of Representatives and the
Senate are provided summary reports on April 1, 2009 and October 1,
2009, setting forth detailed information regarding each such local funds
reprogramming conducted subject to this subsection.
(b) None <<NOTE: Reports. Deadlines.>> of the local funds contained
in this Act may be available for obligation or expenditure for an agency
through a transfer of any local funds in excess of $3,000,000 from one
appropriation heading to another unless the Committees on Appropriations
of the House of Representatives and the Senate are provided summary
reports on April 1, 2009 and October 1, 2009, setting forth detailed
information regarding each reprogramming conducted subject to this
subsection.
(c) The District of Columbia government is authorized to approve and
execute reprogramming and transfer requests of local funds under this
title through December 1, 2009.
Sec. 806. Consistent <<NOTE: Applicability.>> with the provisions
of section 1301(a) of title 31, United States Code, appropriations under
this Act shall be applied only to the objects for which the
appropriations were made except as otherwise provided by law.
Sec. 807. None <<NOTE: Cohabiting couples.>> of the Federal funds
made available in this Act may be used to implement or enforce the
Health Care Benefits Expansion Act of 1992 (D.C. Law 9-114; D.C.
Official Code, sec. 32-701 et seq.) or to otherwise implement or enforce
any system of registration of unmarried, cohabiting couples, including
but not limited to registration for the purpose of extending employment,
health, or governmental benefits to such couples on the same basis that
such benefits are extended to legally married couples.
Sec. 808. (a) Section 446B(f) of the District of Columbia Home Rule
Act (sec. 1-204.46b(f), D.C. Official Code) is amended by striking
``fiscal years 2006 through 2008'' and inserting ``fiscal year 2006 and
each succeeding fiscal year''.
(b) The amendment made by subsection (a) shall take effect as if
included in the enactment of the 2005 District of Columbia Omnibus
Authorization Act.
Sec. 809. None of the Federal funds provided in this Act may be used
by the District of Columbia to provide for salaries, expenses,
[[Page 123 STAT. 697]]
or other costs associated with the offices of United States Senator or
United States Representative under section 4(d) of the District of
Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C.
Law 3-171; D.C. Official Code, sec. 1-123).
Sec. 810. Except as otherwise provided in this section, none of the
funds made available by this Act or by any other Act may be used to
provide any officer or employee of the District of Columbia with an
official vehicle unless the officer or employee uses the vehicle only in
the performance of the officer's or employee's official duties. For
purposes of this section, the term ``official duties'' does not include
travel between the officer's or employee's residence and workplace,
except in the case of--
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or a District
of Columbia government employee as may otherwise be designated
by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or
employee of the District of Columbia Fire and Emergency Medical
Services Department who resides in the District of Columbia and
is on call 24 hours a day or is otherwise designated by the Fire
Chief;
(3) at the discretion of the Director of the Department of
Corrections, an officer or employee of the District of Columbia
Department of Corrections who resides in the District of
Columbia and is on call 24 hours a day or is otherwise
designated by the Director;
(4) the Mayor of the District of Columbia; and
(5) the Chairman of the Council of the District of Columbia.
Sec. 811. <<NOTE: Voting rights.>> (a) None of the Federal funds
contained in this Act may be used by the District of Columbia Attorney
General or any other officer or entity of the District government to
provide assistance for any petition drive or civil action which seeks to
require Congress to provide for voting representation in Congress for
the District of Columbia.
(b) Nothing in this section bars the District of Columbia Attorney
General from reviewing or commenting on briefs in private lawsuits, or
from consulting with officials of the District government regarding such
lawsuits.
Sec. 812. None <<NOTE: Needle distribution.>> 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.
Sec. 813. Nothing <<NOTE: Contraceptives. Conscience exceptions.>>
in this Act may be construed to prevent the Council or Mayor of the
District of Columbia from addressing the issue of the provision of
contraceptive coverage by health insurance plans, but it is the intent
of Congress that any legislation enacted on such issue should include a
``conscience clause'' which provides exceptions for religious beliefs
and moral convictions.
Sec. 814. (a) Notwithstanding section 615(i)(3)(B) of the
Individuals With Disabilities Education Act (20 U.S.C. 1415(i)(3)(B)),
none of the funds contained in this Act or in any other Act making
appropriations for the government of the District of Columbia for fiscal
year 2009 or any succeeding fiscal year may be made available--
(1) to pay the fees of an attorney who represents a party in
or defends an IDEA proceeding which was initiated prior to the
date of the enactment of this Act in an amount in excess of
$4,000 for that proceeding; or
[[Page 123 STAT. 698]]
(2) to pay the fees of an attorney or firm who represents a
party in or defends an IDEA proceeding if the Chief Financial
Officer of the District of Columbia determines that the attorney
or firm has a pecuniary interest (either directly or through an
attorney, officer, or employee of the firm) in any special
education diagnostic services or schools or other special
education service providers.
(b) In <<NOTE: Definitions.>> this section, the term ``IDEA
proceeding'' means any action or administrative proceeding (including
any ensuing or related proceedings before a court of competent
jurisdiction) brought against the District of Columbia Public Schools
under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et
seq.).
Sec. 815. <<NOTE: Reports.>> 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--
(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;
(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;
(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;
(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;
(5) improvement in basic District services, including rat
control and abatement;
(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;
(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; and
(8) employment, including job status and participation in
assistance programs by income, education and family structure.
Sec. 816. <<NOTE: Effective dates.>> Beginning in fiscal year 2009
and each fiscal year thereafter, the amount appropriated to the District
of Columbia may be increased by no more than $100,000,000 from funds
identified in the annual comprehensive annual financial report as the
[[Page 123 STAT. 699]]
District's immediately preceding fiscal year's unexpended general fund
surplus. The District may obligate and expend these amounts only in
accordance with the following conditions:
(1) The <<NOTE: Certification.>> Chief Financial Officer of
the District of Columbia shall certify that the use of any such
amounts is not anticipated to have a negative impact on the
District's long-term financial, fiscal, and economic vitality.
(2) The District of Columbia may only use these funds for
the following expenditures:
(A) One-time expenditures.
(B) Expenditures to avoid deficit spending.
(C) Debt Reduction.
(D) Program needs.
(E) Expenditures to avoid revenue shortfalls.
(3) The amounts shall be obligated and expended in
accordance with laws enacted by the Council in support of each
such obligation or expenditure.
(4) The amounts may not be used to fund the agencies of the
District of Columbia government under court ordered
receivership.
(5) The <<NOTE: Notification. Deadline.>> amounts may not
be obligated or expended unless the Mayor notifies the
Committees on Appropriations of the House of Representatives and
the Senate not fewer than 30 days in advance of the obligation
or expenditure.
Sec. 817. (a) <<NOTE: Effective dates.>> Beginning in fiscal year
2009 and each fiscal year thereafter, consistent with revenue
collections, the amount appropriated as District of Columbia Funds may
be increased--
(1) by an aggregate amount of not more than 25 percent, in
the case of amounts proposed to be allocated as ``Other-Type
Funds'' in the annual Proposed Budget and Financial Plan
submitted to Congress by the District of Columbia; and
(2) by an aggregate amount of not more than 6 percent, in
the case of any other amounts proposed to be allocated in such
Proposed Budget and Financial Plan.
(b) The District of Columbia may obligate and expend any increase in
the amount of funds authorized under this section only in accordance
with the following conditions:
(1) The <<NOTE: Certification.>> Chief Financial Officer of
the District of Columbia shall certify--
(A) the increase in revenue; and
(B) that the use of the amounts is not anticipated
to have a negative impact on the long-term financial,
fiscal, or economic health of the District.
(2) The amounts shall be obligated and expended in
accordance with laws enacted by the Council of the District of
Columbia in support of each such obligation and expenditure,
consistent with the requirements of this Act.
(3) The amounts may not be used to fund any agencies of the
District government operating under court-ordered receivership.
(4) The <<NOTE: Notification. Deadline.>> amounts may not
be obligated or expended unless the Mayor has notified the
Committees on Appropriations of the House of Representatives and
the Senate not fewer than 30 days in advance of the obligation
or expenditure.
Sec. 818. <<NOTE: Effective dates. Loans.>> Beginning in fiscal
year 2009 and each fiscal year thereafter, the Chief Financial Officer
for the District of Columbia may, for the purpose of cash flow
management, conduct short-
[[Page 123 STAT. 700]]
term borrowing from the emergency reserve fund and from the contingency
reserve fund established under section 450A of the District of Columbia
Home Rule Act (Public Law 93-198): Provided, That the amount borrowed
shall not exceed 50 percent of the total amount of funds contained in
both the emergency and contingency reserve funds at the time of
borrowing: Provided further, That the borrowing shall not deplete either
fund by more than 50 percent: <<NOTE: Deadlines.>> Provided further,
That 100 percent of the funds borrowed shall be replenished within 9
months of the time of the borrowing or by the end of the fiscal year,
whichever occurs earlier: Provided further, That <<NOTE: Deadline.>> in
the event that short-term borrowing has been conducted and the emergency
or the contingency reserve funds are later depleted below 50 percent as
a result of an emergency or contingency, an amount equal to the amount
necessary to restore reserve levels to 50 percent of the total amount of
funds contained in both the emergency and contingency reserve fund must
be replenished from the amount borrowed within 60 days.
Sec. 819. (a) <<NOTE: Drugs and drug abuse.>> 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 (21 U.S.C. 801 et seq.) or any
tetrahydrocannabinols derivative.
(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.
Sec. 820. None <<NOTE: Abortion.>> of the funds appropriated under
this Act shall be expended for any abortion except where the life of the
mother would be endangered if the fetus were carried to term or where
the pregnancy is the result of an act of rape or incest.
Sec. 821. Amounts appropriated in this Act as operating funds may
be transferred to the District of Columbia's enterprise and capital
funds and such amounts, once transferred shall retain appropriation
authority consistent with the provisions of this Act.
Sec. 822. (a) Increase in the Hourly Rate for Attorneys Representing
Indigent Defendants in the District of Columbia Courts.--Section 11-
2604(a), District of Columbia Official Code, is amended by striking
``$80 per hour'' and inserting ``$90 per hour''.
(b) Special Rule for Compensation of Attorneys in Neglect and
Termination of Parental Rights Proceedings.--Section 16-2326.01(b),
District of Columbia Official Code, is amended--
(1) in paragraph (1), by striking ``$1,760'' and inserting
``$1,980'';
(2) in paragraph (2), by striking ``$1,760'' and inserting
``$1,980'';
(3) in paragraph (3), by striking ``$2,400'' and inserting
``$2,700''; and
(4) in paragraph (4), by striking ``$1,200'' and inserting
``$1,350''.
(c) Effective Date.--The amendments made by this section shall apply
with respect to cases and proceedings initiated on or after the date of
enactment of this Act.
Sec. 823. Section 2 of the Act entitled ``An Act Relative to the
control of wharf property and certain public spaces in the
[[Page 123 STAT. 701]]
District of Columbia'', approved March 3, 1899 (sec. 10-501.02(a), D.C.
Official Code) is amended by striking the last sentence.
Sec. 824. Except as expressly provided otherwise, any reference to
``this Act'' contained in this title or in title IV shall be treated as
referring only to the provisions of this title or of title IV.
This division may be cited as the ``Financial Services and General
Government Appropriations Act, 2009''.
DIVISION E--DEPARTMENT <<NOTE: Department of the Interior, Environment,
and Related Agencies Appropriations Act, 2009.>> OF THE INTERIOR,
ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2009
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition
of easements and other interests in lands, and performance of other
functions, including maintenance of facilities, as authorized by law, in
the management of lands and their resources under the jurisdiction of
the Bureau of Land Management, including the general administration of
the Bureau, and assessment of mineral potential of public lands pursuant
to Public Law 96-487 (16 U.S.C. 3150(a)), $890,194,000, to remain
available until expended, of which not to exceed $79,478,000 is
available for oil and gas management; and of which $1,500,000 is for
high priority projects, to be carried out by the Youth Conservation
Corps; and of which $3,000,000 shall be available in fiscal year 2009
subject to a match by at least an equal amount by the National Fish and
Wildlife Foundation for cost-shared projects supporting conservation of
Bureau lands; and such funds shall be advanced to the Foundation as a
lump sum grant without regard to when expenses are incurred.
In addition, $36,400,000 is for the processing of applications for
permit to drill and related use authorizations, to remain available
until expended, to be reduced by amounts collected by the Bureau and
credited to this appropriation that shall be derived from $4,000 per new
application for permit to drill that the Bureau shall collect upon
submission of each new application, and in addition, $34,696,000 is for
Mining Law Administration program operations, including the cost of
administering the mining claim fee program; to remain available until
expended, to be reduced by amounts collected by the Bureau and credited
to this appropriation from annual mining claim fees so as to result in a
final appropriation estimated at not more than $890,194,000, and
$2,000,000, to remain available until expended, from communication site
rental fees established by the Bureau for the cost of administering
communication site activities.
construction
For construction of buildings, recreation facilities, roads, trails,
and appurtenant facilities, $6,590,000, to remain available until
expended.
[[Page 123 STAT. 702]]
land acquisition
For expenses necessary to carry out sections 205, 206, and 318(d) of
Public Law 94-579, including administrative expenses and acquisition of
lands or waters, or interests therein, $14,775,000, to be derived from
the Land and Water Conservation Fund and to remain available until
expended.
oregon and california grant lands
For expenses necessary for management, protection, and development
of resources and for construction, operation, and maintenance of access
roads, reforestation, and other improvements on the revested Oregon and
California Railroad grant lands, on other Federal lands in the Oregon
and California land-grant counties of Oregon, and on adjacent rights-of-
way; and acquisition of lands or interests therein, including existing
connecting roads on or adjacent to such grant lands; $109,949,000, to
remain available until expended: Provided, That 25 percent of the
aggregate of all receipts during the current fiscal year from the
revested Oregon and California Railroad grant lands is hereby made a
charge against the Oregon and California land-grant fund and shall be
transferred to the General Fund in the Treasury in accordance with the
second paragraph of subsection (b) of title II of the Act of August 28,
1937 (50 Stat. 876).
forest ecosystem health and recovery fund
(revolving fund, special account)
In addition to the purposes authorized in Public Law 102-381, funds
made available in the Forest Ecosystem Health and Recovery Fund can be
used for the purpose of planning, preparing, implementing and monitoring
salvage timber sales and forest ecosystem health and recovery
activities, such as release from competing vegetation and density
control treatments. The Federal share of receipts (defined as the
portion of salvage timber receipts not paid to the counties under 43
U.S.C. 1181f and 43 U.S.C. 1181f-1 et seq., and Public Law 106-393)
derived from treatments funded by this account shall be deposited into
the Forest Ecosystem Health and Recovery Fund.
range improvements
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant to
section 401 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701), notwithstanding any other Act, sums equal to 50 percent of
all moneys received during the prior fiscal year under sections 3 and 15
of the Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount
designated for range improvements from grazing fees and mineral leasing
receipts from Bankhead-Jones lands transferred to the Department of the
Interior pursuant to law, but not less than $10,000,000, to remain
available until expended: Provided, That not to exceed $600,000 shall be
available for administrative expenses.
[[Page 123 STAT. 703]]
service charges, deposits, and forfeitures
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of
public lands and resources, for costs of providing copies of official
public land documents, for monitoring construction, operation, and
termination of facilities in conjunction with use authorizations, and
for rehabilitation of damaged property, such amounts as may be collected
under Public Law 94-579, as amended, and Public Law 93-153, to remain
available until expended: Provided, That, <<NOTE: 43 USC 1735 note.>>
notwithstanding any provision to the contrary of section 305(a) of
Public Law 94-579 (43 U.S.C. 1735(a)), any moneys that have been or will
be received pursuant to that section, whether as a result of forfeiture,
compromise, or settlement, if not appropriate for refund pursuant to
section 305(c) of that Act (43 U.S.C. 1735(c)), shall be available and
may be expended under the authority of this Act by the Secretary to
improve, protect, or rehabilitate any public lands administered through
the Bureau of Land Management which have been damaged by the action of a
resource developer, purchaser, permittee, or any unauthorized person,
without regard to whether all moneys collected from each such action are
used on the exact lands damaged which led to the action: Provided
further, That any such moneys that are in excess of amounts needed to
repair damage to the exact land for which funds were collected may be
used to repair other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under existing
laws, there is hereby appropriated such amounts as may be contributed
under section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), and
such amounts as may be advanced for administrative costs, surveys,
appraisals, and costs of making conveyances of omitted lands under
section 211(b) of that Act, to remain available until expended.
PAYMENTS FROM PROCEEDS, SALE OF WATER
(rescission)
The unobligated balances available under this heading on the date of
enactment of this Act are permanently rescinded.
USE OF RECEIPTS FROM MINERAL LEASING ACTIVITIES ON CERTAIN NAVAL OIL
SHALE RESERVES
(rescission)
Of the unobligated balances available under this heading,
$12,996,000 are permanently rescinded.
Administrative Provisions
Appropriations for the Bureau of Land Management (BLM) shall be
available for purchase, erection, and dismantlement of temporary
structures, and alteration and maintenance of necessary buildings and
appurtenant facilities to which the United States has title; up to
$100,000 for payments, at the discretion of the Secretary, for
information or evidence concerning violations of laws
[[Page 123 STAT. 704]]
administered by the Bureau; miscellaneous and emergency expenses of
enforcement activities authorized or approved by the Secretary and to be
accounted for solely on the Secretary's certificate, not to exceed
$10,000: Provided, That notwithstanding 44 U.S.C. 501, the Bureau may,
under cooperative cost-sharing and partnership arrangements authorized
by law, procure printing services from cooperators in connection with
jointly produced publications for which the cooperators share the cost
of printing either in cash or in services, and the Bureau determines the
cooperator is capable of meeting accepted quality standards: Provided
further, That projects to be funded pursuant to a written commitment by
a State government to provide an identified amount of money in support
of the project may be carried out by the Bureau on a reimbursable basis.
In fiscal <<NOTE: Fees. 30 USC 28l.>> year 2009 and each fiscal
year thereafter, the Bureau of Land Management shall collect mining law
administration fees; such fees shall be collected in the same manner as
those authorized by 30 U.S.C. 28f and 28g only to the extent provided in
advance in appropriations Acts.
The provisions of law codified at sections 28f(a) and 28g of title
30, United States Code, are amended to remove the modifications made
under the heading ``administrative provisions'', under the heading
``Bureau of Land Management'' in title I of the Department of the
Interior, Environment, and Related Agencies Appropriations Act, 2008
(division F of Public Law 110-161; 121 Stat. 2101).
Sums not <<NOTE: 43 USC 1474f.>> to exceed 1 percent of the total
value of procurements received by the Bureau of Land Management from
vendors under enterprise information technology-procurements that the
Department of the Interior and other Federal Government agencies may use
to order information technology hereafter may be deposited into the
Management of Lands and Resources account to offset costs incurred in
conducting the procurement.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and Wildlife
Service, as authorized by law, and for scientific and economic studies,
maintenance of the herd of long-horned cattle on the Wichita Mountains
Wildlife Refuge, general administration, and for the performance of
other authorized functions related to such resources by direct
expenditure, contracts, grants, cooperative agreements and reimbursable
agreements with public and private entities, $1,140,962,000, to remain
available until September 30, 2010 except as otherwise provided herein:
Provided, That $2,500,000 is for high priority projects, which shall be
carried out by the Youth Conservation Corps: Provided further, That not
to exceed $19,266,000 shall be used for implementing subsections (a),
(b), (c), and (e) of section 4 of the Endangered Species Act, as
amended, for species that are indigenous to the United States (except
for processing petitions, developing and issuing proposed and final
regulations, and taking any other steps to implement actions described
in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which not
to exceed $10,458,000 shall be used for any activity regarding the
designation of critical habitat, pursuant to subsection (a)(3),
excluding litigation support, for species listed pursuant to subsection
[[Page 123 STAT. 705]]
(a)(1) prior to October 1, 2008: Provided further, That of the amount
available for law enforcement, up to $400,000, to remain available until
expended, may at the discretion of the Secretary be used for payment for
information, rewards, or evidence concerning violations of laws
administered by the Service, and miscellaneous and emergency expenses of
enforcement activity, authorized or approved by the Secretary and to be
accounted for solely on the Secretary's certificate: Provided further,
That of the amount provided for environmental contaminants, up to
$1,000,000 may remain available until expended for contaminant sample
analyses.
CONSTRUCTION
(including rescission of funds)
For construction, improvement, acquisition, or removal of buildings
and other facilities required in the conservation, management,
investigation, protection, and utilization of fishery and wildlife
resources, and the acquisition of lands and interests therein;
$35,587,000, to remain available until expended: Provided, That of the
unobligated balances made available in Public Law 101-512 to carry out
the Anadromous Fish Conservation Act, all remaining amounts are
permanently rescinded.
land acquisition
For expenses necessary to carry out the Land and Water Conservation
Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including
administrative expenses, and for acquisition of land or waters, or
interest therein, in accordance with statutory authority applicable to
the United States Fish and Wildlife Service, $42,455,000, to be derived
from the Land and Water Conservation Fund and to remain available until
expended, of which, notwithstanding 16 U.S.C. 460l-9, not more than
$1,500,000 shall be for land conservation partnerships authorized by the
Highlands Conservation Act of 2004: Provided, That none of the funds
appropriated for specific land acquisition projects can be used to pay
for any administrative overhead, planning or other management costs.
cooperative endangered species conservation fund
(including rescission of funds)
For expenses necessary to carry out section 6 of the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.), as amended, $80,001,000,
to remain available until expended, of which $25,307,000 is to be
derived from the Cooperative Endangered Species Conservation Fund, of
which $5,145,706 shall be for the Idaho Salmon and Clearwater River
Basins Habitat Account pursuant to the Snake River Water Rights Act of
2004; and of which $54,694,000 is to be derived from the Land and Water
Conservation Fund: Provided, That of the unobligated balances available
under this heading, $4,500,000 are permanently rescinded.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17, 1978 (16
U.S.C. 715s), $14,100,000.
[[Page 123 STAT. 706]]
North American Wetlands Conservation Fund
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act, as amended (16 U.S.C. 4401-4414),
$42,647,000, to remain available until expended.
Neotropical Migratory Bird Conservation
For expenses necessary to carry out the Neotropical Migratory Bird
Conservation Act, as amended, (16 U.S.C. 6101 et seq.), $4,750,000, to
remain available until expended.
Multinational Species Conservation Fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201-4203, 4211-4214, 4221-4225, 4241-4246,
and 1538), the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4261-
4266), the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C.
5301-5306), the Great Ape Conservation Act of 2000 (16 U.S.C. 6301-
6305), and the Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601-
6606), $10,000,000, to remain available until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the District of
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the
Northern Mariana Islands, American Samoa, and federally-recognized
Indian tribes under the provisions of the Fish and Wildlife Act of 1956
and the Fish and Wildlife Coordination Act, for the development and
implementation of programs for the benefit of wildlife and their
habitat, including species that are not hunted or fished, $75,000,000,
to remain available until expended: Provided, That of the amount
provided herein, $7,000,000 is for a competitive grant program for
Indian tribes not subject to the remaining provisions of this
appropriation: Provided further, That $5,000,000 is for a competitive
grant program for States, territories, and other jurisdictions with
approved plans, not subject to the remaining provisions of this
appropriation: Provided further, That the Secretary shall, after
deducting $11,106,000 and administrative expenses, apportion the amount
provided herein in the following manner: (1) to the District of Columbia
and to the Commonwealth of Puerto Rico, each a sum equal to not more
than one-half of 1 percent thereof; and (2) to Guam, American Samoa, the
United States Virgin Islands, and the Commonwealth of the Northern
Mariana Islands, each a sum equal to not more than one-fourth of 1
percent thereof: Provided further, That the Secretary shall apportion
the remaining amount in the following manner: (1) one-third of which is
based on the ratio to which the land area of such State bears to the
total land area of all such States; and (2) two-thirds of which is based
on the ratio to which the population of such State bears to the total
population of all such States: Provided further, That the amounts
apportioned under this paragraph shall be adjusted equitably so that no
State shall be apportioned a sum which is less than 1 percent of the
amount available for apportionment under this paragraph for any fiscal
year or more than 5 percent of such amount: Provided further, That the
Federal share of planning grants shall not exceed 75 percent of
[[Page 123 STAT. 707]]
the total costs of such projects and the Federal share of implementation
grants shall not exceed 50 percent of the total costs of such projects:
Provided further, That the non-Federal share of such projects may not be
derived from Federal grant programs: Provided further, That no State,
territory, or other jurisdiction shall receive a grant if its
comprehensive wildlife conservation plan is disapproved and such funds
that would have been distributed to such State, territory, or other
jurisdiction shall be distributed equitably to States, territories, and
other jurisdictions with approved plans: Provided further, That any
amount apportioned in 2009 to any State, territory, or other
jurisdiction that remains unobligated as of September 30, 2010, shall be
reapportioned, together with funds appropriated in 2011, in the manner
provided herein.
WILDLIFE CONSERVATION AND APPRECIATION FUND
(rescission)
Of the unobligated balances available under this heading from prior
year appropriations, all remaining amounts are permanently rescinded.
administrative provisions
Appropriations and funds available to the United States Fish and
Wildlife Service shall be available for repair of damage to public roads
within and adjacent to reservation areas caused by operations of the
Service; options for the purchase of land at not to exceed $1 for each
option; facilities incident to such public recreational uses on
conservation areas as are consistent with their primary purpose; and the
maintenance and improvement of aquaria, buildings, and other facilities
under the jurisdiction of the Service and to which the United States has
title, and which are used pursuant to law in connection with management,
and investigation of fish and wildlife resources: Provided, That
notwithstanding 44 U.S.C. 501, the Service may, under cooperative cost
sharing and partnership arrangements authorized by law, procure printing
services from cooperators in connection with jointly produced
publications for which the cooperators share at least one-half the cost
of printing either in cash or services and the Service determines the
cooperator is capable of meeting accepted quality standards: Provided
further, That, notwithstanding any other provision of law, the Service
may use up to $2,000,000 from funds provided for contracts for
employment-related legal services: Provided further, That the Service
may accept donated aircraft as replacements for existing aircraft.
National Park Service
Operation of the National Park System
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National Park
Service (including expenses to carry out programs of the United States
Park Police), and for the general administration of the National Park
Service, $2,131,529,000, of which $9,851,000 for planning and
interagency coordination in support of Everglades restoration and
$99,586,000 for maintenance, repair or rehabilitation projects for
constructed assets, operation of the National Park
[[Page 123 STAT. 708]]
Service automated facility management software system, and comprehensive
facility condition assessments shall remain available until September
30, 2010.
national recreation and preservation
For expenses necessary to carry out recreation programs, natural
programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs,
statutory or contractual aid for other activities, and grant
administration, not otherwise provided for, $59,684,000.
historic preservation fund
(including transfers and rescission of funds)
For expenses necessary in carrying out the Historic Preservation Act
of 1966, as amended (16 U.S.C. 470), and the Omnibus Parks and Public
Lands Management Act of 1996 (Public Law 104-333), $69,500,000, to be
derived from the Historic Preservation Fund and to remain available
until September 30, 2010; of which $20,000,000 shall be for Save
America's Treasures for preservation of nationally significant sites,
structures, and artifacts: Provided, That any individual Save America's
Treasures grant shall be matched by non-Federal funds; individual
projects shall only be eligible for one grant; and all projects to be
funded shall be approved by the Secretary of the Interior in
consultation with the House and Senate Committees on Appropriations:
Provided further, That Save America's Treasures funds allocated for
Federal projects, following approval, shall be available by transfer to
appropriate accounts of individual agencies: Provided further, That of
the unobligated balances in this account, $516,000 are permanently
rescinded.
Construction
(including rescission of funds)
For construction, improvements, repair or replacement of physical
facilities, including a portion of the expense for the modifications
authorized by section 104 of the Everglades National Park Protection and
Expansion Act of 1989, $233,158,000, to remain available until expended:
Provided, That funds appropriated in this Act, or in any prior Act of
Congress, for the implementation of the Modified Water Deliveries to
Everglades National Park Project, shall be made available to the Army
Corps of Engineers which shall, notwithstanding any other provision of
law, immediately and without further delay construct or cause to be
constructed Alternative 3.2.2.a to U.S. Highway 41 (the Tamiami Trail)
consistent with the Limited Reevaluation Report with Integrated
Environmental Assessment and addendum, approved August 2008: Provided
further, That <<NOTE: Study. Bridges.>> the Secretary of the Interior,
acting through the National Park Service, is directed to immediately
evaluate the feasibility of additional bridge length, beyond that to be
constructed pursuant to the Modified Water Deliveries to Everglades
National Park Project (16 U.S.C. Sec. 410r-8), including a continuous
bridge, or additional bridges or some combination thereof, for the
Tamiami Trail (U.S. Highway 41) to restore more natural water flow to
Everglades National Park and Florida Bay and for the purpose of
restoring habitat within the Park and the ecological
[[Page 123 STAT. 709]]
connectivity between the Park and the Water Conservation Areas.
The <<NOTE: Study. Recommen- dation. Deadline.>> feasibility study and
the recommendation of the Secretary shall be submitted to the Congress
no later than 12 months from the date of enactment of this Act: Provided
further, That for fiscal year 2009 and hereafter, fees paid by the
National Park Service to the West Yellowstone/Hebgen Basin Solid Waste
District will be restricted to operations and maintenance costs of the
facility, given the capital contribution made by the National Park
Service: Provided further, That, notwithstanding any other provision of
law, a single procurement for the construction project at the Jefferson
Memorial plaza and seawall in Washington, DC, may be issued which
includes the full scope of the project: Provided further, That the
solicitation and the contract shall contain the clause ``availability of
funds'' found at 48 CFR 52.232.18: Provided further, That the National
Park Service shall grant funds not to exceed $3,000,000 to the St. Louis
Metropolitan Park and Recreation District for the purpose of planning
and constructing a pedestrian bridge to provide safe visitor access to
the Jefferson National Expansion Memorial Arch: Provided further, That
the unobligated balances in the Federal Infrastructure Improvement Fund
under this heading are permanently rescinded.
land and water conservation fund
(rescission)
The contract <<NOTE: 16 USC 460l-10a note.>> authority provided for
fiscal year 2009 by 16 U.S.C. 460l-10a is rescinded.
land acquisition and state assistance
(including rescission of funds)
For expenses necessary to carry out the Land and Water Conservation
Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including
administrative expenses, and for acquisition of lands or waters, or
interest therein, in accordance with the statutory authority applicable
to the National Park Service, $65,190,000, to be derived from the Land
and Water Conservation Fund and to remain available until expended, of
which $20,000,000 is for the State assistance program and of which
$4,000,000 is available for grants, subject to a match by at least an
equal amount, to States, regional entities, local communities, and the
private sector for cost-shared fee simple acquisition of land or
permanent, protective interests in land, to preserve, conserve, and
enhance nationally significant Civil War Battlefields: Provided, That of
the unobligated balances under this heading for State Assistance,
$1,000,000 are permanently rescinded.
urban park and recreation fund
(rescission)
Of the unobligated balances available under this heading, $1,300,000
are rescinded.
[[Page 123 STAT. 710]]
administrative provisions
In addition to other uses set forth in section 407(d) of Public Law
105-391, franchise fees credited to a sub-account shall be available for
expenditure by the Secretary, without further appropriation, for use at
any unit within the National Park System to extinguish or reduce
liability for Possessory Interest or leasehold surrender interest. Such
funds may only be used for this purpose to the extent that the
benefiting unit anticipated franchise fee receipts over the term of the
contract at that unit exceed the amount of funds used to extinguish or
reduce liability. Franchise fees at the benefiting unit shall be
credited to the sub-account of the originating unit over a period not to
exceed the term of a single contract at the benefiting unit, in the
amount of funds so expended to extinguish or reduce liability.
For fiscal <<NOTE: 42 USC 4601 note.>> year 2009 and hereafter, a
willing seller from whom the Service acquires title to real property may
be considered a ``displaced person'' for purposes of the Uniform
Relocation Assistance and Real Property Acquisition Policy Act and its
implementing regulations, whether or not the Service has the authority
to acquire such property by eminent domain.
For the costs of administration of the Land and Water Conservation
Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico
Energy Security Act of 2006 (Public Law 109-432), the National Park
Service may retain up to 3 percent of the amounts which are authorized
to be disbursed under such section, such retained amounts to remain
available until expended.
Section 3(f) of the Act of August 21, 1935 (16 U.S.C. 463(f)),
related to the National Park System Advisory Board, is amended in the
first sentence by striking ``2009'' and inserting ``2010''.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological Survey to
perform surveys, investigations, and research covering topography,
geology, hydrology, biology, and the mineral and water resources of the
United States, its territories and possessions, and other areas as
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to power
permittees and Federal Energy Regulatory Commission licensees;
administer the minerals exploration program (30 U.S.C. 641); conduct
inquiries into the economic conditions affecting mining and materials
processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and
related purposes as authorized by law; and to publish and disseminate
data relative to the foregoing activities; $1,043,803,000, to remain
available until September 30, 2010, of which $64,078,000 shall be
available only for cooperation with States or municipalities for water
resources investigations; of which $40,150,000 shall remain available
until expended for satellite operations; and of which $7,321,000 shall
be available until expended for deferred maintenance and capital
improvement projects that exceed $100,000 in cost: Provided, That none
of the funds provided for the biological research activity shall be used
to conduct new surveys on private property, unless specifically
authorized in writing by the property owner: Provided further, That
no <<NOTE: 43 USC 50.>> part of this appropriation shall be used to pay
more
[[Page 123 STAT. 711]]
than one-half the cost of topographic mapping or water resources data
collection and investigations carried on in cooperation with States and
municipalities.
administrative provisions
From within the amount appropriated for activities of the United
States Geological Survey such sums as are necessary shall be available
for reimbursement to the General Services Administration for security
guard services; contracting for the furnishing of topographic maps and
for the making of geophysical or other specialized surveys when it is
administratively determined that such procedures are in the public
interest; construction and maintenance of necessary buildings and
appurtenant facilities; acquisition of lands for gauging stations and
observation wells; expenses of the United States National Committee on
Geology; and payment of compensation and expenses of persons on the
rolls of the Survey duly appointed to represent the United States in the
negotiation and administration of interstate compacts: Provided, That
activities funded by appropriations herein made may be accomplished
through the use of contracts, grants, or cooperative agreements as
defined in 31 U.S.C. 6302 et seq.: Provided further, That the United
States Geological Survey may enter into contracts or cooperative
agreements directly with individuals or indirectly with institutions or
nonprofit organizations, without regard to 41 U.S.C. 5, for the
temporary or intermittent services of students or recent graduates, who
shall be considered employees for the purpose of chapters 57 and 81 of
title 5, United States Code, relating to compensation for travel and
work injuries, and chapter 171 of title 28, United States Code, relating
to tort claims, but shall not be considered to be Federal employees for
any other purposes.
Minerals Management Service
royalty and offshore minerals management
For expenses necessary for minerals leasing and environmental
studies, regulation of industry operations, and collection of royalties,
as authorized by law; for enforcing laws and regulations applicable to
oil, gas, and other minerals leases, permits, licenses and operating
contracts; for energy-related or other authorized marine-related
purposes on the Outer Continental Shelf; and for matching grants or
cooperative agreements, $157,373,000, to remain available until
September 30, 2010, of which $86,684,000 shall be available for royalty
management activities; and an amount not to exceed $146,730,000, to be
credited to this appropriation and to remain available until expended,
from additions to receipts resulting from increases to rates in effect
on August 5, 1993, and from cost recovery fees: Provided,
That <<NOTE: 30 USC 1759.>> in fiscal year 2009 and each fiscal year
thereafter, fees and charges authorized by 31 U.S.C. 9701 may be
collected only to the extent provided in advance in appropriations Acts:
Provided further, That notwithstanding 31 U.S.C. 3302, in fiscal year
2009, such amounts as are assessed under 31 U.S.C. 9701 shall be
collected and credited to this account and shall be available until
expended for necessary expenses: Provided further, That to the extent
$146,730,000 in addition to receipts are not realized from the sources
of receipts stated above, the amount needed to reach $146,730,000 shall
be credited to this appropriation
[[Page 123 STAT. 712]]
from receipts resulting from rental rates for Outer Continental Shelf
leases in effect before August 5, 1993: <<NOTE: Definition.>> Provided
further, That the term ``qualified Outer Continental Shelf revenues'',
as defined in section 102(9)(A) of the Gulf of Mexico Energy Security
Act, division C of Public Law 109-432, shall include only the portion of
rental revenues that would have been collected at the rental rates in
effect before August 5, 1993: Provided further, That not to exceed
$3,000 shall be available for reasonable expenses related to promoting
volunteer beach and marine cleanup activities: Provided further, That
notwithstanding any other provision of law, $15,000 under this heading
shall be available for refunds of overpayments in connection with
certain Indian leases in which the Director of MMS concurred with the
claimed refund due, to pay amounts owed to Indian allottees or tribes,
or to correct prior unrecoverable erroneous payments.
oil spill research
For necessary expenses to carry out title I, section 1016, title IV,
sections 4202 and 4303, title VII, and title VIII, section 8201 of the
Oil Pollution Act of 1990, $6,303,000, which shall be derived from the
Oil Spill Liability Trust Fund, to remain available until expended.
Administrative Provision
Notwithstanding the provisions of section 35(b) of the Mineral
Leasing Act, as amended (30 U.S.C. 191(b)), the Secretary shall deduct 2
percent from the amount payable to each State in fiscal year 2009 and
deposit the amount deducted to miscellaneous receipts of the Treasury.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87, as
amended, $120,156,000, to remain available until September 30, 2010:
Provided, That, <<NOTE: 30 USC 1308a.>> in fiscal year 2009 and
thereafter, the Secretary of the Interior, pursuant to regulations, may
use directly or through grants to States, moneys collected for civil
penalties assessed under section 518 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim lands adversely
affected by coal mining practices after August 3, 1977, to remain
available until expended: Provided further, That appropriations
for <<NOTE: 30 USC 1211 note.>> the Office of Surface Mining
Reclamation and Enforcement may provide for the travel and per diem
expenses of State and tribal personnel attending Office of Surface
Mining Reclamation and Enforcement sponsored training.
abandoned mine reclamation fund
(including rescission of funds)
For necessary expenses to carry out title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, as amended,
$52,946,000, to be derived from receipts of the Abandoned Mine
Reclamation Fund and to remain available until
[[Page 123 STAT. 713]]
expended: Provided, That pursuant to Public Law 97-365, the Department
of the Interior is authorized to use up to 20 percent from the recovery
of the delinquent debt owed to the United States Government to pay for
contracts to collect these debts: Provided further, That in fiscal year
2009 and hereafter, the State of Maryland may set aside the greater of
$1,000,000 or 10 percent of the total of the grants made available to
the State under title IV of the Act, if the amount set aside is
deposited in an acid mine drainage abatement and treatment fund
established under a State law, pursuant to which law the amount,
together with all interest earned on the amount, is expended by the
State to undertake acid mine drainage abatement and treatment projects,
except that before any amounts greater than 10 percent of its title IV
grants are deposited in an acid mine drainage abatement and treatment
fund, the State of Maryland must first complete all Surface Mining
Control and Reclamation Act priority one projects: Provided further,
That of the unobligated balances available under this heading,
$8,500,000 are permanently rescinded: Provided further, That amounts
provided under this heading may be used for the travel and per diem
expenses of State and tribal personnel attending Office of Surface
Mining Reclamation and Enforcement sponsored training.
administrative provision
With funds available for the Technical Innovation and Professional
Services program in this Act, the Secretary may transfer title for
computer hardware, software and other technical equipment to State and
tribal regulatory and reclamation programs.
Bureau of Indian Affairs
operation of indian programs
(including transfer of funds)
For expenses necessary for the operation of Indian programs, as
authorized by law, including the Snyder Act of November 2, 1921 (25
U.S.C. 13), the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 450 et seq.), as amended, the Education Amendments of
1978 (25 U.S.C. 2001-2019), and the Tribally Controlled Schools Act of
1988 (25 U.S.C. 2501 et seq.), as amended, $2,128,630,000, to remain
available until September 30, 2010 except as otherwise provided herein;
of which not to exceed $8,500 may be for official reception and
representation expenses; of which not to exceed $74,915,000 shall be for
welfare assistance payments: Provided, That in cases of designated
Federal disasters, the Secretary may exceed such cap, from the amounts
provided herein, to provide for disaster relief to Indian communities
affected by the disaster; notwithstanding any other provision of law,
including but not limited to the Indian Self-Determination Act of 1975,
as amended, not to exceed $147,294,000 shall be available for payments
for contract support costs associated with ongoing contracts, grants,
compacts, or annual funding agreements entered into with the Bureau
prior to or during fiscal year 2009, as authorized by such Act, except
that tribes and tribal organizations may use their tribal priority
allocations for unmet contract support costs of ongoing contracts,
grants, or compacts, or annual
[[Page 123 STAT. 714]]
funding agreements and for unmet welfare assistance costs; of which not
to exceed $499,470,000 for school operations costs of Bureau-funded
schools and other education programs shall become available on July 1,
2009, and shall remain available until September 30, 2010; and of which
not to exceed $58,623,000 shall remain available until expended for
housing improvement, road maintenance, attorney fees, litigation
support, the Indian Self-Determination Fund, land records improvement,
and the Navajo-Hopi Settlement Program: Provided further, That
notwithstanding any other provision of law, including but not limited to
the Indian Self-Determination Act of 1975, as amended, and 25 U.S.C.
2008, not to exceed $43,373,000 within and only from such amounts made
available for school operations shall be available for administrative
cost grants associated with ongoing grants entered into with the Bureau
prior to or during fiscal year 2008 for the operation of Bureau-funded
schools, and up to $500,000 within and only from such amounts made
available for administrative cost grants shall be available for the
transitional costs of initial administrative cost grants to grantees
that assume operation on or after July 1, 2008, of Bureau-funded
schools: Provided further, That any forestry funds allocated to a tribe
which remain unobligated as of September 30, 2010, may be transferred
during fiscal year 2011 to an Indian forest land assistance account
established for the benefit of the holder of the funds within the
holder's trust fund account: <<NOTE: Expiration date.>> Provided
further, That any such unobligated balances not so transferred shall
expire on September 30, 2011.
construction
(including transfer of funds)
For construction, repair, improvement, and maintenance of irrigation
and power systems, buildings, utilities, and other facilities, including
architectural and engineering services by contract; acquisition of
lands, and interests in lands; and preparation of lands for farming, and
for construction of the Navajo Indian Irrigation Project pursuant to
Public Law 87-483, $217,688,000, to remain available until expended:
Provided, That such amounts as may be available for the construction of
the Navajo Indian Irrigation Project may be transferred to the Bureau of
Reclamation: Provided further, That not to exceed 6 percent of contract
authority available to the Bureau of Indian Affairs from the Federal
Highway Trust Fund may be used to cover the road program management
costs of the Bureau: Provided further, That any funds provided for the
Safety of Dams program pursuant to 25 U.S.C. 13 shall be made available
on a nonreimbursable basis: Provided further, That for fiscal year 2009,
in implementing new construction or facilities improvement and repair
project grants in excess of $100,000 that are provided to grant schools
under Public Law 100-297, as amended, the Secretary of the Interior
shall use the Administrative and Audit Requirements and Cost Principles
for Assistance Programs contained in 43 CFR part 12 as the regulatory
requirements: Provided further, That <<NOTE: Negotiation.>> such grants
shall not be subject to section 12.61 of 43 CFR; the Secretary and the
grantee shall negotiate and determine a schedule of payments for the
work to be performed: Provided further, That in considering grant
applications, the Secretary shall consider whether such grantee would be
deficient in assuring that the construction projects conform to
applicable
[[Page 123 STAT. 715]]
building standards and codes and Federal, tribal, or State health and
safety standards as required by 25 U.S.C. 2005(b), with respect to
organizational and financial management capabilities: Provided further,
That if the Secretary declines a grant application, the Secretary shall
follow the requirements contained in 25 U.S.C. 2504(f): Provided
further, That any disputes between the Secretary and any grantee
concerning a grant shall be subject to the disputes provision in 25
U.S.C. 2507(e): Provided further, That in order to ensure timely
completion of construction projects, the Secretary may assume control of
a project and all funds related to the project, if, within eighteen
months of the date of enactment of this Act, any grantee receiving funds
appropriated in this Act or in any prior Act, has not completed the
planning and design phase of the project and commenced construction:
Provided further, That this appropriation may be reimbursed from the
Office of the Special Trustee for American Indians appropriation for the
appropriate share of construction costs for space expansion needed in
agency offices to meet trust reform implementation.
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements pursuant to
Public Laws 99-264, 100-580, 101-618, 108-447, 109-379, and 109-479, and
for implementation of other land and water rights settlements,
$21,627,000, to remain available until expended.
indian guaranteed loan program account
For the cost of guaranteed loans, $8,186,000, of which $1,600,000 is
for administrative expenses, as authorized by the Indian Financing Act
of 1974, as amended: Provided, That of the amounts provided herein for
administrative expenses, $500,000 is for the modernization of a
management and accounting system: Provided further, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That these funds are available to subsidize total loan principal, any
part of which is to be guaranteed, not to exceed $85,200,517.
Administrative Provisions
The Bureau of Indian Affairs may carry out the operation of Indian
programs by direct expenditure, contracts, cooperative agreements,
compacts and grants, either directly or in cooperation with States and
other organizations.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs may
contract for services in support of the management, operation, and
maintenance of the Power Division of the San Carlos Irrigation Project.
Appropriations for the Bureau of Indian Affairs (except the
Revolving Fund for Loans Liquidating Account, Indian Loan Guaranty and
Insurance Fund Liquidating Account, Indian Guaranteed Loan Financing
Account, Indian Direct Loan Financing Account, and the Indian Guaranteed
Loan Program account) shall be available for expenses of exhibits.
[[Page 123 STAT. 716]]
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Affairs for central office oversight and Executive
Direction and Administrative Services (except executive direction and
administrative services funding for Tribal Priority Allocations,
regional offices, and facilities operations and maintenance) shall be
available for contracts, grants, compacts, or cooperative agreements
with the Bureau of Indian Affairs under the provisions of the Indian
Self-Determination Act or the Tribal Self-Governance Act of 1994 (Public
Law 103-413).
In the event any tribe returns appropriations made available by this
Act to the Bureau of Indian Affairs, this action shall not diminish the
Federal Government's trust responsibility to that tribe, or the
government-to-government relationship between the United States and that
tribe, or that tribe's ability to access future appropriations.
Notwithstanding any other provision of law, no funds available to
the Bureau, other than the amounts provided herein for assistance to
public schools under 25 U.S.C. 452 et seq., shall be available to
support the operation of any elementary or secondary school in the State
of Alaska.
Appropriations made available in this or any other Act for schools
funded by the Bureau shall be available only to the schools in the
Bureau school system as of September 1, 1996. No funds available to the
Bureau shall be used to support expanded grades for any school or
dormitory beyond the grade structure in place or approved by the
Secretary of the Interior at each school in the Bureau school system as
of October 1, 1995. <<NOTE: Charter schools.>> Funds made available
under this Act may not be used to establish a charter school at a
Bureau-funded school (as that term is defined in section 1146 of the
Education Amendments of 1978 (25 U.S.C. 2026)), except that a charter
school that is in existence on the date of the enactment of this Act and
that has operated at a Bureau-funded school before September 1, 1999,
may continue to operate during that period, but only if the charter
school pays to the Bureau a pro rata share of funds to reimburse the
Bureau for the use of the real and personal property (including buses
and vans), the funds of the charter school are kept separate and apart
from Bureau funds, and the Bureau does not assume any obligation for
charter school programs of the State in which the school is located if
the charter school loses such funding. Employees of Bureau-funded
schools sharing a campus with a charter school and performing functions
related to the charter schools operation and employees of a charter
school shall not be treated as Federal employees for purposes of chapter
171 of title 28, United States Code.
Notwithstanding any other provision of law, including section 113 of
title I of appendix C of Public Law 106-113, if in fiscal year 2003 or
2004 a grantee received indirect and administrative costs pursuant to a
distribution formula based on section 5(f) of Public Law 101-301, the
Secretary shall continue to distribute indirect and administrative cost
funds to such grantee using the section 5(f) distribution formula.
[[Page 123 STAT. 717]]
Departmental Offices
Office of the Secretary
salaries and expenses
For necessary expenses for management of the Department of the
Interior, $107,264,000; of which not to exceed $15,000 may be for
official reception and representation expenses; and of which up to
$1,000,000 shall be available for workers compensation payments and
unemployment compensation payments associated with the orderly closure
of the United States Bureau of Mines: Provided, That, for fiscal year
2009 up to $400,000 of the payments authorized by the Act of October 20,
1976, as amended (31 U.S.C. 6901-6907) may be retained for
administrative expenses of the Payments in Lieu of Taxes Program:
Provided further, That no payment shall be made pursuant to that Act to
otherwise eligible units of local government if the computed amount of
the payment is less than $100.
Management of Federal Lands for Subsistence Uses
(rescission)
The unobligated balances under this heading as of the date of
enactment of this provision are permanently rescinded.
Insular Affairs
Assistance to Territories
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior, $78,665,000, of which:
(1) $69,815,000 shall remain available until expended for technical
assistance, including maintenance assistance, disaster assistance,
insular management controls, coral reef initiative activities, and brown
tree snake control and research; grants to the judiciary in American
Samoa for compensation and expenses, as authorized by law (48 U.S.C.
1661(c)); grants to the Government of American Samoa, in addition to
current local revenues, for construction and support of governmental
functions; grants to the Government of the Virgin Islands as authorized
by law; grants to the Government of Guam, as authorized by law; and
grants to the Government of the Northern Mariana Islands as authorized
by law (Public Law 94-241; 90 Stat. 272); and (2) $8,850,000 shall be
available until September 30, 2010 for salaries and expenses of the
Office of Insular Affairs: Provided, That <<NOTE: 48 USC 1469b.>> all
financial transactions of the territorial and local governments herein
provided for, including such transactions of all agencies or
instrumentalities established or used by such governments, may be
audited by the Government Accountability Office, at its discretion, in
accordance with chapter 35 of title 31, United States Code: Provided
further, That Northern Mariana Islands Covenant grant funding shall be
provided according to those terms of the Agreement of the Special
Representatives on Future United States Financial Assistance for the
Northern Mariana Islands approved by Public Law 104-134: <<NOTE: Pacific
Basin Development Council.>> Provided further, That of the amounts
provided for technical assistance, sufficient funds shall be made
available for a grant to the Pacific Basin Development
Council: <<NOTE: Close Up Foundation.>> Provided further, That of the
amounts
[[Page 123 STAT. 718]]
provided for technical assistance, sufficient funding shall be made
available for a grant to the Close Up Foundation: Provided further, That
the funds for the program of operations and maintenance improvement are
appropriated to institutionalize routine operations and maintenance
improvement of capital infrastructure with territorial participation and
cost sharing to be determined by the Secretary based on the grantee's
commitment to timely maintenance of its capital assets: Provided
further, That any appropriation for disaster assistance under this
heading in this Act or previous appropriations Acts may be used as non-
Federal matching funds for the purpose of hazard mitigation grants
provided pursuant to section 404 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170c).
compact of free association
For grants and necessary expenses, $5,318,000, to remain available
until expended, as provided for in sections 221(a)(2), 221(b), and 233
of the Compact of Free Association for the Republic of Palau; and
section 221(a)(2) of the Compacts of Free Association for the Government
of the Republic of the Marshall Islands and the Federated States of
Micronesia, as authorized by Public Law 99-658 and Public Law 108-188.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor, $62,050,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$45,953,000.
Office of the Special Trustee for American Indians
federal trust programs
(including transfer of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and grants,
$181,648,000, to remain available until expended, of which not to exceed
$56,445,000 from this or any other Act, shall be available for
historical accounting: Provided, That funds for trust management
improvements and litigation support may, as needed, be transferred to or
merged with the Bureau of Indian Affairs, ``Operation of Indian
Programs'' account; the Office of the Solicitor, ``Salaries and
Expenses'' account; and the Office of the Secretary, ``Salaries and
Expenses'' account: Provided further, That funds made available through
contracts or grants obligated during fiscal year 2009, as authorized by
the Indian Self-Determination Act of 1975 (25 U.S.C. 450 et seq.), shall
remain available until expended by the contractor or grantee: Provided
further, That, notwithstanding any other provision of law, the statute
of limitations shall not
[[Page 123 STAT. 719]]
commence to run on any claim, including any claim in litigation pending
on the date of the enactment of this Act, concerning losses to or
mismanagement of trust funds, until the affected tribe or individual
Indian has been furnished with an accounting of such funds from which
the beneficiary can determine whether there has been a loss: Provided
further, That, notwithstanding any other provision of law, the Secretary
shall not be required to provide a quarterly statement of performance
for any Indian trust account that has not had activity for at least 18
months and has a balance of $15.00 or less: <<NOTE: Deadline. Account
statement. Records.>> Provided further, That the Secretary shall issue
an annual account statement and maintain a record of any such accounts
and shall permit the balance in each such account to be withdrawn upon
the express written request of the account holder: Provided further,
That not to exceed $50,000 is available for the Secretary to make
payments to correct administrative errors of either disbursements from
or deposits to Individual Indian Money or Tribal accounts after
September 30, 2002: Provided further, That erroneous payments that are
recovered shall be credited to and remain available in this account for
this purpose: Provided further, That not to exceed $6,000,000 may be
transferred from unobligated balances (Treasury Accounts 14X6039,
14X6803 and 14X8030) for the purpose of one-time accounting
reconciliations of the balances, as sanctioned by the Chief Financial
Officers Act of 1990, American Indian Trust Fund Management Reform Act
of 1994 and the Federal Managers' Financial Integrity Act (FMFIA).
Department-wide Programs
wildland fire management
(including transfers of funds)
For necessary expenses for fire preparedness, suppression
operations, fire science and research, emergency rehabilitation,
hazardous fuels reduction, and rural fire assistance by the Department
of the Interior, $859,453,000, to remain available until expended, of
which not to exceed $6,137,000 shall be for the renovation or
construction of fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation accounts from
which funds were previously transferred for such purposes: Provided
further, That persons hired pursuant to 43 U.S.C. 1469 may be furnished
subsistence and lodging without cost from funds available from this
appropriation: Provided further, That notwithstanding 42 U.S.C. 1856d,
sums received by a bureau or office of the Department of the Interior
for fire protection rendered pursuant to 42 U.S.C. 1856 et seq.,
protection of United States property, may be credited to the
appropriation from which funds were expended to provide that protection,
and are available without fiscal year limitation: Provided further, That
using the amounts designated under this title of this Act, the Secretary
of the Interior may enter into procurement contracts, grants, or
cooperative agreements, for hazardous fuels reduction activities, and
for training and monitoring associated with such hazardous fuels
reduction activities, on Federal land, or on adjacent non-Federal land
for activities that benefit resources on Federal land: Provided further,
That the costs of implementing any cooperative agreement between the
Federal Government and any non-Federal entity may be shared, as mutually
agreed on by the affected parties: Provided further,
[[Page 123 STAT. 720]]
That notwithstanding requirements of the Competition in Contracting Act,
the Secretary, for purposes of hazardous fuels reduction activities, may
obtain maximum practicable competition among: (1) local private,
nonprofit, or cooperative entities; (2) Youth Conservation Corps crews,
Public Lands Corps (Public Law 109-154), or related partnerships with
State, local, or non-profit youth groups; (3) small or micro-businesses;
or (4) other entities that will hire or train locally a significant
percentage, defined as 50 percent or more, of the project workforce to
complete such contracts: <<NOTE: Guidance.>> Provided further, That in
implementing this section, the Secretary shall develop written guidance
to field units to ensure accountability and consistent application of
the authorities provided herein: Provided further, That funds
appropriated under this head may be used to reimburse the United States
Fish and Wildlife Service and the National Marine Fisheries Service for
the costs of carrying out their responsibilities under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and conference,
as required by section 7 of such Act, in connection with wildland fire
management activities: Provided further, That the Secretary of the
Interior may use wildland fire appropriations to enter into non-
competitive sole source leases of real property with local governments,
at or below fair market value, to construct capitalized improvements for
fire facilities on such leased properties, including but not limited to
fire guard stations, retardant stations, and other initial attack and
fire support facilities, and to make advance payments for any such lease
or for construction activity associated with the lease: Provided
further, That the Secretary of the Interior and the Secretary of
Agriculture may authorize the transfer of funds appropriated for
wildland fire management, in an aggregate amount not to exceed
$10,000,000, between the Departments when such transfers would
facilitate and expedite jointly funded wildland fire management programs
and projects: Provided further, That funds provided for wildfire
suppression shall be available for support of Federal emergency response
actions.
central hazardous materials fund
For necessary expenses of the Department of the Interior and any of
its component offices and bureaus for the remedial action, including
associated activities, of hazardous waste substances, pollutants, or
contaminants pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (42 U.S.C. 9601 et seq.),
$10,148,000, to remain available until expended.
Natural Resource Damage Assessment and Restoration
natural resource damage assessment fund
To conduct natural resource damage assessment and restoration
activities by the Department of the Interior necessary to carry out the
provisions of the Comprehensive Environmental Response, Compensation,
and Liability Act, as amended (42 U.S.C. 9601 et seq.), the Federal
Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.), the
Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and Public Law 101-
337, as amended (16 U.S.C. 19jj et seq.), $6,338,000, to remain
available until expended.
[[Page 123 STAT. 721]]
working capital fund
For the acquisition of a departmental financial and business
management system, $73,435,000, to remain available until expended:
Provided, That none of the funds in this Act or previous appropriations
Acts may be used to establish reserves in the Working Capital Fund
account other than for accrued annual leave and depreciation of
equipment without prior approval of the House and Senate Committees on
Appropriations.
administrative provisions
There is hereby authorized for acquisition from available resources
within the Working Capital Fund, 15 aircraft, 10 of which shall be for
replacement and which may be obtained by donation, purchase or through
available excess surplus property: Provided, That existing aircraft
being replaced may be sold, with proceeds derived or trade-in value used
to offset the purchase price for the replacement aircraft.
General Provisions, Department of the Interior
(including transfers of funds)
Sec. 101. Appropriations made in this title shall be available for
expenditure or transfer (within each bureau or office), with the
approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other
facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made available
to the Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to this
section must be replenished by a supplemental appropriation which must
be requested as promptly as possible.
Sec. 102. The Secretary may authorize the expenditure or transfer of
any no year appropriation in this title, in addition to the amounts
included in the budget programs of the several agencies, for the
suppression or emergency prevention of wildland fires on or threatening
lands under the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its jurisdiction;
for emergency actions related to potential or actual earthquakes,
floods, volcanoes, storms, or other unavoidable causes; for contingency
planning subsequent to actual oil spills; for response and natural
resource damage assessment activities related to actual oil spills; for
the prevention, suppression, and control of actual or potential
grasshopper and Mormon cricket outbreaks on lands under the jurisdiction
of the Secretary, pursuant to the authority in section 1773(b) of Public
Law 99-198 (99 Stat. 1658); for emergency reclamation projects under
section 410 of Public Law 95-87; and shall transfer, from any no year
funds available to the Office of Surface Mining Reclamation and
Enforcement, such funds as may be necessary to permit assumption of
regulatory authority in the event a primacy State is not carrying out
the regulatory provisions of the Surface Mining Act: Provided, That
appropriations made in this title for wildland fire operations shall be
available for the payment of obligations incurred during the preceding
fiscal year, and for reimbursement
[[Page 123 STAT. 722]]
to other Federal agencies for destruction of vehicles, aircraft, or
other equipment in connection with their use for wildland fire
operations, such reimbursement to be credited to appropriations
currently available at the time of receipt
thereof: <<NOTE: Determination.>> Provided further, That for wildland
fire operations, no funds shall be made available under this authority
until the Secretary determines that funds appropriated for ``wildland
fire operations'' shall be exhausted within 30 days: Provided further,
That all funds used pursuant to this section must be replenished by a
supplemental appropriation which must be requested as promptly as
possible: Provided further, That such replenishment funds shall be used
to reimburse, on a pro rata basis, accounts from which emergency funds
were transferred.
Sec. 103. Appropriations made to the Department of the Interior in
this title shall be available for services as authorized by 5 U.S.C.
3109, when authorized by the Secretary, in total amount not to exceed
$500,000; purchase and replacement of motor vehicles, including
specially equipped law enforcement vehicles; hire, maintenance, and
operation of aircraft; hire of passenger motor vehicles; purchase of
reprints; payment for telephone service in private residences in the
field, when authorized under regulations approved by the Secretary; and
the payment of dues, when authorized by the Secretary, for library
membership in societies or associations which issue publications to
members only or at a price to members lower than to subscribers who are
not members.
Sec. 104. Appropriations made in this Act under the headings Bureau
of Indian Affairs and Office of the Special Trustee for American Indians
and any unobligated balances from prior appropriations Acts made under
the same headings shall be available for expenditure or transfer for
Indian trust management and reform activities. Total funding for
historical accounting activities shall not exceed amounts specifically
designated in this Act for such purpose.
Sec. 105. Notwithstanding any other provision of law, the Secretary
of the Interior is authorized to redistribute any Tribal Priority
Allocation funds, including tribal base funds, to alleviate tribal
funding inequities by transferring funds to address identified, unmet
needs, dual enrollment, overlapping service areas or inaccurate
distribution methodologies. No tribe shall receive a reduction in Tribal
Priority Allocation funds of more than 10 percent in fiscal year 2009.
Under circumstances of dual enrollment, overlapping service areas or
inaccurate distribution methodologies, the 10 percent limitation does
not apply.
Sec. 106. Notwithstanding any other provision of law, in conveying
the Twin Cities Research Center under the authority provided by Public
Law 104-134, as amended by Public Law 104-208, the Secretary may accept
and retain land and other forms of reimbursement: Provided, That the
Secretary may retain and use any such reimbursement until expended and
without further appropriation: (1) for the benefit of the National
Wildlife Refuge System within the State of Minnesota; and (2) for all
activities authorized by 16 U.S.C. 460zz.
Sec. 107. The Secretary of the Interior may use discretionary funds
to pay private attorney fees and costs for employees and former
employees of the Department of the Interior reasonably incurred in
connection with Cobell v. Kempthorne to the extent that such fees and
costs are not paid by the Department of Justice
[[Page 123 STAT. 723]]
or by private insurance. In no case shall the Secretary make payments
under this section that would result in payment of hourly fees in excess
of the highest hourly rate approved by the District Court for the
District of Columbia for counsel in Cobell v. Kempthorne.
Sec. 108. <<NOTE: Salmon.>> The United States Fish and Wildlife
Service shall, in carrying out its responsibilities to protect
threatened and endangered species of salmon, implement a system of mass
marking of salmonid stocks, intended for harvest, that are released from
federally operated or federally financed hatcheries including but not
limited to fish releases of coho, chinook, and steelhead species. Marked
fish must have a visible mark that can be readily identified by
commercial and recreational fishers.
Sec. 109. No funds appropriated for the Department of the Interior
by this Act or any other Act shall be used to study or implement any
plan to drain Lake Powell or to reduce the water level of the lake below
the range of water levels required for the operation of the Glen Canyon
Dam.
Sec. 110. <<NOTE: New York. New Jersey. Contracts.>>
Notwithstanding any other provision of law, the Secretary of the
Interior is authorized to acquire lands, waters, or interests therein
including the use of all or part of any pier, dock, or landing within
the State of New York and the State of New Jersey, for the purpose of
operating and maintaining facilities in the support of transportation
and accommodation of visitors to Ellis, Governors, and Liberty Islands,
and of other program and administrative activities, by donation or with
appropriated funds, including franchise fees (and other monetary
consideration), or by exchange; and the Secretary is authorized to
negotiate and enter into leases, subleases, concession contracts or
other agreements for the use of such facilities on such terms and
conditions as the Secretary may determine reasonable.
Sec. 111. Title 43 U.S.C. 1473, as amended by Public Law 110-161, is
further amended by deleting the phrase ``in fiscal year 2008 only'' and
inserting in lieu thereof ``in fiscal years 2008 and 2009 only''.
Sec. 112. No funds appropriated or otherwise made available to the
Department of the Interior may be used, in relation to any proposal to
store water for the purpose of export, for approval of any right-of-way
or similar authorization on the Mojave National Preserve or lands
managed by the Needles Field Office of the Bureau of Land Management, or
for carrying out any activities associated with such right-of-way or
similar approval.
Sec. 113. The Secretary of the Interior may enter into cooperative
agreements with a State or political subdivision (including any agency
thereof), or any not-for-profit organization if the agreement will: (1)
serve a mutual interest of the parties to the agreement in carrying out
the programs administered by the Department of the Interior; and (2) all
parties will contribute resources to the accomplishment of these
objectives. At the discretion of the Secretary, such agreements shall
not be subject to a competitive process.
Sec. 114. Funds provided in this Act for Federal land acquisition by
the National Park Service for Shenandoah Valley Battlefields National
Historic District and Ice Age National Scenic Trail may be used for a
grant to a State, a local government, or any other land management
entity for the acquisition of lands without regard to any restriction on
the use of Federal land acquisition
[[Page 123 STAT. 724]]
funds provided through the Land and Water Conservation Fund Act of 1965
as amended.
Sec. 115. <<NOTE: Applicability.>> Sections 109 and 110 of the
Federal Oil and Gas Royalty Management Act (30 U.S.C. 1719 and 1720)
shall apply to any lease authorizing exploration for or development of
coal, any other solid mineral, or any geothermal resource on any Federal
or Indian lands and any lease, easement, right of way, or other
agreement, regardless of form, for use of the Outer Continental Shelf or
any of its resources under sections 8(k) or 8(p) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337(k) and 1337(p)) to the same
extent as if such lease, easement, right of way, or other agreement,
regardless of form, were an oil and gas lease, except that in such cases
the term ``royalty payment'' shall include any payment required by such
lease, easement, right of way or other agreement, regardless of form, or
by applicable regulation.
Sec. 116. <<NOTE: Federal buildings and grounds. 16 USC 760-4
note.>> The Pittsford National Fish Hatchery in Chittenden, Vermont is
hereby renamed the Dwight D. Eisenhower National Fish Hatchery.
Sec. 117. Section 6 of the Great Sand Dunes National Park and
Preserve Act of 2000 (16 U.S.C. 410hhh-4) is amended--
(1) in subsection (a)--
(A) by striking ``(a) Establishment.--(1) When'' and
inserting the following:
``(a) Establishment and Purpose.--
``(1) Establishment.--
``(A) In general.--When'';
(B) in paragraph (2), by striking ``(2) Such
establishment'' and inserting the following:
``(B) Effective date.--The establishment of the
refuge under subparagraph (A)''; and
(C) by adding at the end the following:
``(2) Purpose.--The purpose of the Baca National Wildlife
Refuge shall be to restore, enhance, and maintain wetland,
upland, riparian, and other habitats for native wildlife, plant,
and fish species in the San Luis Valley.'';
(2) in subsection (c)--
(A) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(B) by adding at the end the following:
``(2) Requirements.--In administering the Baca National
Wildlife Refuge, the Secretary shall, to the maximum extent
practicable--
``(A) emphasize migratory bird conservation; and
``(B) take into consideration the role of the Refuge
in broader landscape conservation efforts.''; and
(3) in subsection (d)--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) subject to any agreement in existence as of the date
of enactment of this paragraph, and to the extent consistent
with the purposes of the Refuge, use decreed water rights on the
Refuge in approximately the same manner that the water rights
have been used historically.''.
[[Page 123 STAT. 725]]
Sec. 118. None of the funds in this Act may be used to further
reduce the number of Axis or Fallow deer at Point Reyes National
Seashore below the number as of the date of enactment of this Act.
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended; necessary expenses for personnel and
related costs and travel expenses; procurement of laboratory equipment
and supplies; and other operating expenses in support of research and
development, $790,051,000, to remain available until September 30, 2010.
Environmental Programs and Management
For environmental programs and management, including necessary
expenses, not otherwise provided for, for personnel and related costs
and travel expenses; hire of passenger motor vehicles; hire,
maintenance, and operation of aircraft; purchase of reprints; library
memberships in societies or associations which issue publications to
members only or at a price to members lower than to subscribers who are
not members; administrative costs of the brownfields program under the
Small Business Liability Relief and Brownfields Revitalization Act of
2002; and not to exceed $19,000 for official reception and
representation expenses, $2,392,079,000, to remain available until
September 30, 2010: Provided, That of the funds included under this
heading, not less than $95,846,000 shall be for the Geographic Programs
specified in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $44,791,000, to remain available until September 30, 2010.
Buildings and Facilities
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of, or for use by, the
Environmental Protection Agency, $35,001,000, to remain available until
expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended,
including sections 111(c)(3), (c)(5), (c)(6),
[[Page 123 STAT. 726]]
and (e)(4) (42 U.S.C. 9611) $1,285,024,000, to remain available until
expended, consisting of such sums as are available in the Trust Fund on
September 30, 2008, as authorized by section 517(a) of the Superfund
Amendments and Reauthorization Act of 1986 (SARA) and up to
$1,285,024,000 as a payment from general revenues to the Hazardous
Substance Superfund for purposes as authorized by section 517(b) of
SARA, as amended: Provided, That funds appropriated under this heading
may be allocated to other Federal agencies in accordance with section
111(a) of CERCLA: Provided further, That of the funds appropriated under
this heading, $9,975,000 shall be paid to the ``Office of Inspector
General'' appropriation to remain available until September 30, 2010,
and $26,417,000 shall be paid to the ``Science and Technology''
appropriation to remain available until September 30, 2010.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground storage tank
cleanup activities authorized by subtitle I of the Solid Waste Disposal
Act, as amended, $112,577,000, to remain available until expended, of
which $77,077,000 shall be for carrying out leaking underground storage
tank cleanup activities authorized by section 9003(h) of the Solid Waste
Disposal Act, as amended; $35,500,000 shall be for carrying out the
other provisions of the Solid Waste Disposal Act specified in section
9508(c) of the Internal Revenue Code, as amended: Provided, That the
Administrator is authorized to use appropriations made available under
this heading to implement section 9013 of the Solid Waste Disposal Act
to provide financial assistance to federally recognized Indian tribes
for the development and implementation of programs to manage underground
storage tanks.
Oil Spill Response
For expenses necessary to carry out the Environmental Protection
Agency's responsibilities under the Oil Pollution Act of 1990,
$17,687,000, to be derived from the Oil Spill Liability trust fund, to
remain available until expended.
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance, including
capitalization grants for State revolving funds and performance
partnership grants, $2,968,464,000, to remain available until expended,
of which $689,080,000 shall be for making capitalization grants for the
Clean Water State Revolving Funds under title VI of the Federal Water
Pollution Control Act, as amended (the ``Act''); of which up to
$75,000,000 shall be available for loans, including interest free loans
as authorized by 33 U.S.C. 1383(d)(1)(A), to municipal, inter-municipal,
interstate, or State agencies or nonprofit entities for projects that
provide treatment for or that minimize sewage or stormwater discharges
using one or more approaches which include, but are not limited to,
decentralized or distributed stormwater controls, decentralized
wastewater treatment, low-impact development practices, conservation
easements, stream buffers, or wetlands restoration; $829,029,000 shall
be for capitalization grants for the Drinking Water State Revolving
Funds under section 1452 of the Safe Drinking Water Act, as
[[Page 123 STAT. 727]]
amended; $20,000,000 shall be for architectural, engineering, planning,
design, construction and related activities in connection with the
construction of high priority water and wastewater facilities in the
area of the United States-Mexico Border, after consultation with the
appropriate border commission; <<NOTE: Alaska.>> $18,500,000 shall be
for grants to the State of Alaska to address drinking water and waste
infrastructure needs of rural and Alaska Native Villages: Provided,
That, of these funds: (1) the State of Alaska shall provide a match of
25 percent; (2) no more than 5 percent of the funds may be used for
administrative and overhead expenses; and (3) the State of Alaska shall
make awards consistent with the State-wide priority list established in
conjunction with the Agency and the U.S. Department of Agriculture for
all water, sewer, waste disposal, and similar projects carried out by
the State of Alaska that are funded under section 221 of the Federal
Water Pollution Control Act (33 U.S.C. 1301) or the Consolidated Farm
and Rural Development Act (7 U.S.C. 1921 et seq.) which shall allocate
not less than 25 percent of the funds provided for projects in regional
hub communities; $145,000,000 shall be for making special project grants
for the construction of drinking water, wastewater and storm water
infrastructure and for water quality protection in accordance with the
terms and conditions specified for such grants in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), and, for purposes of these grants, each grantee
shall contribute not less than 45 percent of the cost of the project
unless the grantee is approved for a waiver by the Agency; $97,000,000
shall be to carry out section 104(k) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended,
including grants, interagency agreements, and associated program support
costs; $60,000,000 shall be for grants under title VII, subtitle G of
the Energy Policy Act of 2005, as amended; $15,000,000 shall be for
grants for cost-effective emission reduction projects in accordance with
the terms and conditions of the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act);
and $1,094,855,000 shall be for grants, including associated program
support costs, to States, federally recognized tribes, interstate
agencies, tribal consortia, and air pollution control agencies for
multi-media or single media pollution prevention, control and abatement
and related activities, including activities pursuant to the provisions
set forth under this heading in Public Law 104-134, and for making
grants under section 103 of the Clean Air Act for particulate matter
monitoring and data collection activities subject to terms and
conditions specified by the Administrator, of which $49,495,000 shall be
for carrying out section 128 of CERCLA, as amended, $10,000,000 shall be
for Environmental Information Exchange Network grants, including
associated program support costs, $18,500,000 of the funds available for
grants under section 106 of the Act shall be for water quality
monitoring activities, $10,000,000 shall be for competitive grants to
communities to develop plans and demonstrate and implement projects
which reduce greenhouse gas emissions, and, in addition to funds
appropriated under the heading ``Leaking Underground Storage Tank Trust
Fund Program'' to carry out the provisions of the Solid Waste Disposal
Act specified in section 9508(c) of the Internal Revenue Code other than
section 9003(h) of the Solid Waste Disposal Act, as amended, $2,500,000
shall be for grants to States
[[Page 123 STAT. 728]]
under section 2007(f)(2) of the Solid Waste Disposal Act, as amended:
Provided further, That notwithstanding section 603(d)(7) of the Federal
Water Pollution Control Act, the limitation on the amounts in a State
water pollution control revolving fund that may be used by a State to
administer the fund shall not apply to amounts included as principal in
loans made by such fund in fiscal year 2009 and prior years where such
amounts represent costs of administering the fund to the extent that
such amounts are or were deemed reasonable by the Administrator,
accounted for separately from other assets in the fund, and used for
eligible purposes of the fund, including administration: Provided
further, That for fiscal year 2009, and notwithstanding section 518(f)
of the Act, the Administrator is authorized to use the amounts
appropriated for any fiscal year under section 319 of that Act to make
grants to federally recognized Indian tribes pursuant to sections 319(h)
and 518(e) of that Act: Provided further, That for fiscal year 2009,
notwithstanding the limitation on amounts in section 518(c) of the Act,
up to a total of 1\1/2\ percent of the funds appropriated for State
Revolving Funds under title VI of that Act may be reserved by the
Administrator for grants under section 518(c) of that Act: Provided
further, That no funds provided by this appropriations Act to address
the water, wastewater and other critical infrastructure needs of the
colonias in the United States along the United States-Mexico border
shall be made available to a county or municipal government unless that
government has established an enforceable local ordinance, or other
zoning rule, which prevents in that jurisdiction the development or
construction of any additional colonia areas, or the development within
an existing colonia the construction of any new home, business, or other
structure which lacks water, wastewater, or other necessary
infrastructure.
Administrative Provisions, Environmental Protection Agency
(including rescission of funds)
For fiscal year 2009, notwithstanding 31 U.S.C. 6303(1) and 6305(1),
the Administrator of the Environmental Protection Agency, in carrying
out the Agency's function to implement directly Federal environmental
programs required or authorized by law in the absence of an acceptable
tribal program, may award cooperative agreements to federally recognized
Indian Tribes or Intertribal consortia, if authorized by their member
Tribes, to assist the Administrator in implementing Federal
environmental programs for Indian Tribes required or authorized by law,
except that no such cooperative agreements may be awarded from funds
designated for State financial assistance agreements.
The Administrator <<NOTE: Fees.>> of the Environmental Protection
Agency is authorized to collect and obligate pesticide registration
service fees in accordance with section 33 of the Federal Insecticide,
Fungicide, and Rodenticide Act, as amended by Public Law 110-94, the
Pesticide Registration Improvement Renewal Act.
For fiscal <<NOTE: 42 USC 4370g.>> year 2009 and thereafter, the
Science and Technology and Environmental Programs and Management
Accounts are available for uniforms, or allowances therefore, as
authorized by 5 U.S.C. 5901-02 and for services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the daily
equivalent of the rate paid for level IV of the Executive Schedule.
Unless specifically authorized by law, for fiscal year 2009 and
thereafter, none of
[[Page 123 STAT. 729]]
the funds available under this title for grants may be used to pay for
the salaries of individual consultants at more than the daily equivalent
of the rate paid for level IV of the Executive Schedule.
None of the funds made available by this Act may be used in
contravention of, or to delay the implementation of, Executive Order No.
12898 of February 11, 1994 (59 Fed. Reg. 7629; relating to Federal
actions to address environmental justice in minority populations and
low-income populations).
Title II of Public Law 109-54, under the heading Administrative
Provisions, is <<NOTE: 119 Stat. 531.>> amended: in the fourth
paragraph, strike ``make not to exceed five appointments in any fiscal
year under the authority provided in 42 U.S.C. 209 for the Office of
Research and Development'' and insert ``employ up to thirty persons at
any one time in the Office of Research and Development under the
authority provided in 42 U.S.C. 209''.
From unobligated balances to carry out projects and activities
funded through the State and Tribal Assistance Grants Account,
$10,000,000 are permanently rescinded.
Of the funds <<NOTE: Publication. Regulations. Deadline. Greenhouse
gas emissions.>> provided in the Environmental Programs and Management
Account, not less than $6,500,000 shall be used for activities to
develop and publish a final rule not later than June 26, 2009, and to
begin implementation, to require mandatory reporting of greenhouse gas
emissions above appropriate thresholds in all sectors of the economy of
the United States, as required by Public Law 110-161.
For fiscal <<NOTE: 42 USC 4370h.>> year 2009 and thereafter, the
Science and Technology, Environmental Programs and Management, Office of
Inspector General, Hazardous Substance Superfund, and Leaking
Underground Storage Tank Trust Fund Program Accounts, are available for
the construction, alteration, repair, rehabilitation, and renovation of
facilities provided that the cost does not exceed $85,000 per project.
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $296,380,000, to remain available until expended:
Provided, That of the funds provided, $60,770,000 is for the forest
inventory and analysis program.
state and private forestry
For necessary expenses of cooperating with and providing technical
and financial assistance to States, territories, possessions, and
others, and for forest health management, including treatments of pests,
pathogens, and invasive or noxious plants and for restoring and
rehabilitating forests damaged by pests or invasive plants, cooperative
forestry, and education and land conservation activities and conducting
an international program as authorized, $265,861,000, to remain
available until expended, as authorized
[[Page 123 STAT. 730]]
by law; and of which $49,445,000 is to be derived from the Land and
Water Conservation Fund.
National Forest System
(including rescission of funds)
For necessary expenses of the Forest Service, not otherwise provided
for, for management, protection, improvement, and utilization of the
National Forest System, $1,514,805,000, to remain available until
expended, which shall include 50 percent of all moneys received during
prior fiscal years as fees collected under the Land and Water
Conservation Fund Act of 1965, as amended, in accordance with section 4
of the Act (16 U.S.C. 460l-6a(i)): Provided, That of the unobligated
balances in this account, $5,000,000 are rescinded.
capital improvement and maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise provided
for, $495,393,000, to remain available until expended, for construction,
capital improvement, maintenance and acquisition of buildings and other
facilities and infrastructure; and for construction, capital
improvement, decommissioning, and maintenance of forest roads and trails
by the Forest Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C.
101 and 205: Provided, That $50,000,000 shall be designated for urgently
needed road decommissioning, road and trail repair and maintenance and
associated activities, and removal of fish passage barriers, especially
in areas where Forest Service roads may be contributing to water quality
problems in streams and water bodies which support threatened,
endangered or sensitive species or community water sources: Provided
further, That up to $40,000,000 of the funds provided herein for road
maintenance shall be available for the decommissioning of roads,
including unauthorized roads not part of the transportation system,
which are no longer needed: Provided further,
That <<NOTE: Roads. Notice. Public comment.>> no funds shall be
expended to decommission any system road until notice and an opportunity
for public comment has been provided on each decommissioning project:
Provided further, That the decommissioning of unauthorized roads not
part of the official transportation system shall be expedited in
response to threats to public safety, water quality, or natural
resources: Provided further, That funds becoming available in fiscal
year 2009 under the Act of March 4, 1913 (16 U.S.C. 501) shall be
transferred to the General Fund of the Treasury and shall not be
available for transfer or obligation for any other purpose unless the
funds are appropriated.
land acquisition
For expenses necessary to carry out the provisions of the Land and
Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for acquisition of
land or waters, or interest therein, in accordance with statutory
authority applicable to the Forest Service, $49,775,000, to be derived
from the Land and Water Conservation Fund and to remain available until
expended.
[[Page 123 STAT. 731]]
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland
National Forests, California, as authorized by law, $1,050,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities, and for authorized
expenditures from funds deposited by non-Federal parties pursuant to
Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967, as
amended (16 U.S.C. 484a), to remain available until expended. (16 U.S.C.
4601-516-617a, 555a; Public Law 96-586; Public Law 76-589, 76-591; and
78-310).
range betterment fund
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior fiscal
year, as fees for grazing domestic livestock on lands in National
Forests in the 16 Western States, pursuant to section 401(b)(1) of
Public Law 94-579, as amended, to remain available until expended, of
which not to exceed 6 percent shall be available for administrative
expenses associated with on-the-ground range rehabilitation, protection,
and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $50,000, to remain
available until expended, to be derived from the fund established
pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage Federal lands
in Alaska for subsistence uses under title VIII of the Alaska National
Interest Lands Conservation Act (Public Law 96-487), $5,000,000, to
remain available until expended.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression activities on
National Forest System lands, for emergency fire suppression on or
adjacent to such lands or other lands under fire protection agreement,
hazardous fuels reduction on or adjacent to such lands, and for
emergency rehabilitation of burned-over National Forest System lands and
water, $2,131,630,000, to remain available until expended: Provided,
That such funds including unobligated balances under this heading, are
available for repayment of advances from other appropriations accounts
previously transferred for such purposes: Provided further, That such
funds shall be available to reimburse State and other cooperating
entities for services provided in response to wildfire and other
emergencies or disasters to the
[[Page 123 STAT. 732]]
extent such reimbursements by the Forest Service for non-fire
emergencies are fully repaid by the responsible emergency management
agency: Provided further, That, notwithstanding any other provision of
law, $8,000,000 of funds appropriated under this appropriation shall be
used for Fire Science Research in support of the Joint Fire Science
Program: Provided further, That all authorities for the use of funds,
including the use of contracts, grants, and cooperative agreements,
available to execute the Forest and Rangeland Research appropriation,
are also available in the utilization of these funds for Fire Science
Research: Provided further, That funds provided shall be available for
emergency rehabilitation and restoration, hazardous fuels reduction
activities in the urban-wildland interface, support to Federal emergency
response, and wildfire suppression activities of the Forest Service:
Provided further, That of the funds provided, $328,086,000 is for
hazardous fuels reduction activities, $11,500,000 is for rehabilitation
and restoration, $23,917,000 is for research activities and to make
competitive research grants pursuant to the Forest and Rangeland
Renewable Resources Research Act, as amended (16 U.S.C. 1641 et seq.),
$55,000,000 is for State fire assistance, $9,000,000 is for volunteer
fire assistance, $17,252,000 is for forest health activities on Federal
lands and $9,928,000 is for forest health activities on State and
private lands: Provided further, That amounts in this paragraph may be
transferred to the ``State and Private Forestry'', ``National Forest
System'', and ``Forest and Rangeland Research'' accounts to fund State
fire assistance, volunteer fire assistance, forest health management,
forest and rangeland research, the Joint Fire Science Program,
vegetation and watershed management, heritage site rehabilitation, and
wildlife and fish habitat management and restoration: Provided further,
That <<NOTE: Notification. Transfer date.>> up to $15,000,000 of the
funds provided under this heading for hazardous fuels treatments may be
transferred to and made a part of the ``National Forest System'' account
at the sole discretion of the Chief of the Forest Service 30 days after
notifying the House and the Senate Committees on Appropriations:
Provided further, That the costs of implementing any cooperative
agreement between the Federal Government and any non-Federal entity may
be shared, as mutually agreed on by the affected parties: Provided
further, That in addition to funds provided for State Fire Assistance
programs, and subject to all authorities available to the Forest Service
under the State and Private Forestry Appropriation, up to $15,000,000
may be used on adjacent non-Federal lands for the purpose of protecting
communities when hazard reduction activities are planned on national
forest lands that have the potential to place such communities at risk:
Provided further, That funds made available to implement the Community
Forest Restoration Act, Public Law 106-393, title VI, shall be available
for use on non-Federal lands in accordance with authorities available to
the Forest Service under the State and Private Forestry Appropriation:
Provided further, That the Secretary of the Interior and the Secretary
of Agriculture may authorize the transfer of funds appropriated for
wildland fire management, in an aggregate amount not to exceed
$10,000,000, between the Departments when such transfers would
facilitate and expedite jointly funded wildland fire management programs
and projects: Provided further, That of the funds provided for hazardous
fuels reduction, not to exceed $5,000,000, may be used to make grants,
using any authorities available to the Forest Service under
[[Page 123 STAT. 733]]
the State and Private Forestry appropriation, for the purpose of
creating incentives for increased use of biomass from national forest
lands: Provided further, That funds designated for wildfire suppression
shall be assessed for cost pools on the same basis as such assessments
are calculated against other agency programs.
Administrative Provisions, Forest Service
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of passenger motor vehicles;
acquisition of passenger motor vehicles from excess sources, and hire of
such vehicles; purchase, lease, operation, maintenance, and acquisition
of aircraft from excess sources to maintain the operable fleet for use
in Forest Service wildland fire programs and other Forest Service
programs; notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in value used
to offset the purchase price for the replacement aircraft; (2) services
pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for employment
under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings
and other public improvements (7 U.S.C. 2250); (4) acquisition of land,
waters, and interests therein pursuant to 7 U.S.C. 428a; (5) for
expenses pursuant to the Volunteers in the National Forest Act of 1972
(16 U.S.C. 558a, 558d, and 558a note); (6) the cost of uniforms as
authorized by 5 U.S.C. 5901-5902; and (7) for debt collection contracts
in accordance with 31 U.S.C. 3718(c).
Any appropriations or funds available to the Forest Service may be
transferred to the Wildland Fire Management appropriation for forest
firefighting, emergency rehabilitation of burned-over or damaged lands
or waters under its jurisdiction, and fire preparedness due to severe
burning conditions upon notification of the House and Senate Committees
on Appropriations and if and only if all previously appropriated
emergency contingent funds under the heading ``Wildland Fire
Management'' have been released by the President and apportioned and all
wildfire suppression funds under the heading ``Wildland Fire
Management'' are obligated.
Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development in
connection with forest and rangeland research, technical information,
and assistance in foreign countries, and shall be available to support
forestry and related natural resource activities outside the United
States and its territories and possessions, including technical
assistance, education and training, and cooperation with United States
and international organizations.
None of <<NOTE: 16 USC 556i.>> the funds made available to the
Forest Service in this Act or any other Act with respect to any fiscal
year shall be subject to transfer under the provisions of section 702(b)
of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257),
section 442 of Public Law 106-224 (7 U.S.C. 7772), or section 10417(b)
of Public Law 107-107 (7 U.S.C. 8316(b)).
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and Senate
Committees on Appropriations in accordance with the reprogramming
procedures contained in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
Not more than $73,285,000 of funds available to the Forest Service
shall be transferred to the Working Capital Fund of the
[[Page 123 STAT. 734]]
Department of Agriculture and not more than $19,400,000 of funds
available to the Forest Service shall be transferred to the Department
of Agriculture for Department Reimbursable Programs, commonly referred
to as Greenbook charges. Nothing in this paragraph shall prohibit or
limit the use of reimbursable agreements requested by the Forest Service
in order to obtain services from the Department of Agriculture's
National Information Technology Center.
Funds available to the Forest Service shall be available to conduct
a program of up to $5,000,000 for priority projects within the scope of
the approved budget, of which $2,500,000 shall be carried out by the
Youth Conservation Corps and $2,500,000 shall be carried out under the
authority of the Public Lands Corps Healthy Forests Restoration Act of
2005, Public Law 109-154.
Of the funds available to the Forest Service, $4,000 is available to
the Chief of the Forest Service for official reception and
representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of the
funds available to the Forest Service, $3,000,000 may be advanced in a
lump sum to the National Forest Foundation to aid conservation
partnership projects in support of the Forest Service mission, without
regard to when the Foundation incurs expenses, for administrative
expenses or projects on or benefitting National Forest System lands or
related to Forest Service programs: Provided, That the Foundation shall
obtain, by the end of the period of Federal financial assistance,
private contributions to match on at least one-for-one basis funds made
available by the Forest Service: Provided further, That the Foundation
may transfer Federal funds to Federal or a non-Federal recipient for a
project at the same rate that the recipient has obtained the non-Federal
matching funds: Provided further, That authorized investments of Federal
funds held by the Foundation may be made only in interest-bearing
obligations of the United States or in obligations guaranteed as to both
principal and interest by the United States.
Pursuant to section 2(b)(2) of Public Law 98-244, $3,000,000 of the
funds available to the Forest Service shall be advanced to the National
Fish and Wildlife Foundation in a lump sum to aid cost-share
conservation projects, without regard to when expenses are incurred, on
or benefitting National Forest System lands or related to Forest Service
programs: Provided, That such funds shall be matched on at least a one-
for-one basis by the Foundation or its sub-recipients: Provided further,
That the Foundation may transfer Federal funds to a Federal or non-
Federal recipient for a project at the same rate that the recipient has
obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available for
interactions with and providing technical assistance to rural
communities and natural resource-based businesses for sustainable rural
development purposes.
Funds appropriated to the Forest Service shall be available for
payments to counties within the Columbia River Gorge National Scenic
Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of
Public Law 99-663.
An eligible individual who is employed in any project funded under
title V of the Older American Act of 1965 (42 U.S.C. 3056 et seq.) and
administered by the Forest Service shall be considered to be a Federal
employee for purposes of chapter 171 of title 28, United States Code.
[[Page 123 STAT. 735]]
Any funds appropriated to the Forest Service may be used to meet the
non-Federal share requirement in section 502(c) of the Older American
Act of 1965 (42 U.S.C. 3056(c)(2)).
Funds available to the Forest Service, not to exceed $50,000,000,
shall be assessed for the purpose of performing facilities maintenance.
Such assessments shall occur using a square foot rate charged on the
same basis the agency uses to assess programs for payment of rent,
utilities, and other support services.
Notwithstanding any other provision of law, any appropriations or
funds available to the Forest Service not to exceed $500,000 may be used
to reimburse the Office of the General Counsel (OGC), Department of
Agriculture, for travel and related expenses incurred as a result of OGC
assistance or participation requested by the Forest Service at meetings,
training sessions, management reviews, land purchase negotiations and
similar non-litigation related matters. Future budget justifications for
both the Forest Service and the Department of Agriculture should clearly
display the sums previously transferred and the requested funding
transfers.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
Indian Health Services
For expenses necessary to carry out the Act of August 5, 1954 (68
Stat. 674), the Indian Self-Determination Act, the Indian Health Care
Improvement Act, and titles II and III of the Public Health Service Act
with respect to the Indian Health Service, $3,190,956,000, together with
payments received during the fiscal year pursuant to 42 U.S.C. 238(b)
and 238b for services furnished by the Indian Health Service: Provided,
That funds made available to tribes and tribal organizations through
contracts, grant agreements, or any other agreements or compacts
authorized by the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 450), shall be deemed to be obligated at the time of
the grant or contract award and thereafter shall remain available to the
tribe or tribal organization without fiscal year limitation: Provided
further, That $634,477,000 for contract medical care, including
$31,000,000 for the Indian Catastrophic Health Emergency Fund, shall
remain available until expended: Provided further, That no less than
$36,189,000 is provided for maintaining operations of the urban Indian
health program: Provided further, That of the funds provided, up to
$32,000,000 shall remain available until expended for implementation of
the loan repayment program under section 108 of the Indian Health Care
Improvement Act: Provided further, That $16,391,000 is provided for the
methamphetamine and suicide prevention and treatment initiative and
$7,500,000 is provided for the domestic violence prevention initiative
and, notwithstanding any other provision of law, the amounts available
under this proviso shall be allocated at the discretion of the Director
of the Indian Health Service and shall remain available until expended:
Provided further, That funds provided in this Act may be used for one-
year contracts and grants which are to be performed in two fiscal years,
so long as the total obligation is recorded in the year for which the
funds are appropriated: Provided further, That the amounts collected by
the Secretary of Health and Human Services under the authority of title
IV of the Indian
[[Page 123 STAT. 736]]
Health Care Improvement Act shall remain available until expended for
the purpose of achieving compliance with the applicable conditions and
requirements of titles XVIII and XIX of the Social Security Act
(exclusive of planning, design, or construction of new facilities):
Provided further, That funding contained herein, and in any earlier
appropriations Acts for scholarship programs under the Indian Health
Care Improvement Act (25 U.S.C. 1613) shall remain available until
expended: Provided further, That amounts received by tribes and tribal
organizations under title IV of the Indian Health Care Improvement Act
shall be reported and accounted for and available to the receiving
tribes and tribal organizations until expended: Provided further, That,
notwithstanding any other provision of law, of the amounts provided
herein, not to exceed $282,398,000 shall be for payments to tribes and
tribal organizations for contract or grant support costs associated with
contracts, grants, self-governance compacts, or annual funding
agreements between the Indian Health Service and a tribe or tribal
organization pursuant to the Indian Self-Determination Act of 1975, as
amended, prior to or during fiscal year 2009, of which not to exceed
$5,000,000 may be used for contract support costs associated with new or
expanded self-determination contracts, grants, self-governance compacts,
or annual funding agreements: Provided further, That the Bureau of
Indian Affairs may collect from the Indian Health Service, tribes and
tribal organizations operating health facilities pursuant to Public Law
93-638, such individually identifiable health information relating to
disabled children as may be necessary for the purpose of carrying out
its functions under the Individuals with Disabilities Education Act (20
U.S.C. 1400, et seq.): Provided further, That the Indian Health Care
Improvement Fund may be used, as needed, to carry out activities
typically funded under the Indian Health Facilities account.
Indian Health Facilities
For construction, repair, maintenance, improvement, and equipment of
health and related auxiliary facilities, including quarters for
personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings, and
purchases of trailers; and for provision of domestic and community
sanitation facilities for Indians, as authorized by section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act,
and the Indian Health Care Improvement Act, and for expenses necessary
to carry out such Acts and titles II and III of the Public Health
Service Act with respect to environmental health and facilities support
activities of the Indian Health Service, $390,168,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, funds appropriated for the planning, design,
construction or renovation of health facilities for the benefit of an
Indian tribe or tribes may be used to purchase land for sites to
construct, improve, or enlarge health or related facilities: Provided
further, That not to exceed $500,000 shall be used by the Indian Health
Service to purchase TRANSAM equipment from the Department of Defense for
distribution to the Indian Health Service and tribal facilities:
Provided further, That none of the funds appropriated to the Indian
Health Service may be used for sanitation facilities construction for
new homes funded with grants by the housing programs of the United
States Department of Housing and Urban Development: Provided further,
That
[[Page 123 STAT. 737]]
not to exceed $2,700,000 from this account and the ``Indian Health
Services'' account shall be used by the Indian Health Service to obtain
ambulances for the Indian Health Service and tribal facilities in
conjunction with an existing interagency agreement between the Indian
Health Service and the General Services Administration: Provided
further, That not to exceed $500,000 shall be placed in a Demolition
Fund, available until expended, to be used by the Indian Health Service
for demolition of Federal buildings.
administrative provisions, indian health service
Appropriations in this Act to the Indian Health Service shall be
available for services as authorized by 5 U.S.C. 3109 but at rates not
to exceed the per diem rate equivalent to the maximum rate payable for
senior-level positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment; purchase of
reprints; purchase, renovation and erection of modular buildings and
renovation of existing facilities; payments for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary; and for uniforms or allowances therefor as
authorized by 5 U.S.C. 5901-5902; and for expenses of attendance at
meetings that relate to the functions or activities for which the
appropriation is made or otherwise contribute to the improved conduct,
supervision, or management of those functions or activities.
In accordance with the provisions of the Indian Health Care
Improvement Act, non-Indian patients may be extended health care at all
tribally administered or Indian Health Service facilities, subject to
charges, and the proceeds along with funds recovered under the Federal
Medical Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to the
account of the facility providing the service and shall be available
without fiscal year limitation. Notwithstanding any other law or
regulation, funds transferred from the Department of Housing and Urban
Development to the Indian Health Service shall be administered under
Public Law 86-121, the Indian Sanitation Facilities Act and Public Law
93-638, as amended.
Funds appropriated to the Indian Health Service in this Act, except
those used for administrative and program direction purposes, shall not
be subject to limitations directed at curtailing Federal travel and
transportation.
None of the funds made available to the Indian Health Service in
this Act shall be used for any assessments or charges by the Department
of Health and Human Services unless identified in the budget
justification and provided in this Act, or approved by the House and
Senate Committees on Appropriations through the reprogramming process.
Notwithstanding any other provision of law, funds previously or
herein made available to a tribe or tribal organization through a
contract, grant, or agreement authorized by title I or title V of the
Indian Self-Determination and Education Assistance Act of 1975 (25
U.S.C. 450), may be deobligated and reobligated to a self-determination
contract under title I, or a self-governance agreement under title V of
such Act and thereafter shall remain available to the tribe or tribal
organization without fiscal year limitation.
None of <<NOTE: Regulations. Budget request.>> the funds made
available to the Indian Health Service in this Act shall be used to
implement the final rule published
[[Page 123 STAT. 738]]
in the Federal Register on September 16, 1987, by the Department of
Health and Human Services, relating to the eligibility for the health
care services of the Indian Health Service until the Indian Health
Service has submitted a budget request reflecting the increased costs
associated with the proposed final rule, and such request has been
included in an appropriations Act and enacted into law.
With respect to functions transferred by the Indian Health Service
to tribes or tribal organizations, the Indian Health Service is
authorized to provide goods and services to those entities, on a
reimbursable basis, including payment in advance with subsequent
adjustment. The reimbursements received therefrom, along with the funds
received from those entities pursuant to the Indian Self-Determination
Act, may be credited to the same or subsequent appropriation account
that provided the funding, with such amounts to remain available until
expended.
Reimbursements for training, technical assistance, or services
provided by the Indian Health Service will contain total costs,
including direct, administrative, and overhead associated with the
provision of goods, services, or technical assistance.
The appropriation <<NOTE: Notification.>> structure for the Indian
Health Service may not be altered without advance notification to the
House and Senate Committees on Appropriations.
National Institutes of Health
National Institute of Environmental Health Sciences
For necessary expenses for the National Institute of Environmental
Health Sciences in carrying out activities set forth in section 311(a)
of the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980, as amended, and section 126(g) of the Superfund Amendments
and Reauthorization Act of 1986, $78,074,000.
Agency for Toxic Substances and Disease Registry
Toxic Substances and Environmental Public Health
For necessary expenses for the Agency for Toxic Substances and
Disease Registry (ATSDR) in carrying out activities set forth in
sections 104(i) and 111(c)(4) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended;
section 118(f) of the Superfund Amendments and Reauthorization Act of
1986 (SARA), as amended; and section 3019 of the Solid Waste Disposal
Act, as amended, $74,039,000, of which up to $1,000 to remain available
until expended, is for Individual Learning Accounts for full-time
equivalent employees of the Agency for Toxic Substances and Disease
Registry: Provided, That notwithstanding any other provision of law, in
lieu of performing a health assessment under section 104(i)(6) of
CERCLA, the Administrator of ATSDR may conduct other appropriate health
studies, evaluations, or activities, including, without limitation,
biomedical testing, clinical evaluations, medical monitoring, and
referral to accredited health care providers: Provided further, That in
performing any such health assessment or health study, evaluation, or
activity, the Administrator of ATSDR shall not be bound by the deadlines
in section 104(i)(6)(A) of CERCLA: Provided further, That none
[[Page 123 STAT. 739]]
of the funds appropriated under this heading shall be available for
ATSDR to issue in excess of 40 toxicological profiles pursuant to
section 104(i) of CERCLA during fiscal year 2009, and existing profiles
may be updated as necessary.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the Council
on Environmental Quality and Office of Environmental Quality pursuant to
the National Environmental Policy Act of 1969, the Environmental Quality
Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not
to exceed $750 for official reception and representation expenses,
$2,703,000: <<NOTE: Appointment.>> Provided, That notwithstanding
section 202 of the National Environmental Policy Act of 1970, the
Council shall consist of one member, appointed by the President, by and
with the advice and consent of the Senate, serving as chairman and
exercising all powers, functions, and duties of the Council.
Chemical Safety and Hazard Investigation Board
Salaries and Expenses
(including transfer of funds)
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, as amended, including hire of
passenger vehicles, uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902, and for services authorized by 5 U.S.C. 3109 but at
rates for individuals not to exceed the per diem equivalent to the
maximum rate payable for senior level positions under 5 U.S.C. 5376,
$10,199,000: <<NOTE: Government positions.>> Provided, That the
Chemical Safety and Hazard Investigation Board (Board) shall have not
more than three career Senior Executive Service positions: Provided
further, That notwithstanding <<NOTE: 5 USC app. 8G note.>> any other
provision of law, the individual appointed to the position of Inspector
General of the Environmental Protection Agency (EPA) shall, by virtue of
such appointment, also hold the position of Inspector General of the
Board: Provided further, That notwithstanding any other provision of
law, the Inspector General of the Board shall utilize personnel of the
Office of Inspector General of EPA in performing the duties of the
Inspector General of the Board, and shall not appoint any individuals to
positions within the Board: Provided further, That of the funds
appropriated under this heading, $300,000 shall be paid to the ``Office
of Inspector General'' appropriation of the Environmental Protection
Agency.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93-531, $7,530,000, to remain
available until expended: Provided, That funds provided in this or any
other appropriations Act are to be used to relocate
[[Page 123 STAT. 740]]
eligible individuals and groups including evictees from District 6,
Hopi-partitioned lands residents, those in significantly substandard
housing, and all others certified as eligible and not included in the
preceding categories: Provided further, That none of the funds contained
in this or any other Act may be used by the Office of Navajo and Hopi
Indian Relocation to evict any single Navajo or Navajo family who, as of
November 30, 1985, was physically domiciled on the lands partitioned to
the Hopi Tribe unless a new or replacement home is provided for such
household: Provided further, That no relocatee will be provided with
more than one new or replacement home: Provided further, That the Office
shall relocate any certified eligible relocatees who have selected and
received an approved homesite on the Navajo reservation or selected a
replacement residence off the Navajo reservation or on the land acquired
pursuant to 25 U.S.C. 640d-10.
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska Native
Culture and Arts Development, as authorized by title XV of Public Law
99-498, as amended (20 U.S.C. 56 part A), $7,900,000.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as authorized
by law, including research in the fields of art, science, and history;
development, preservation, and documentation of the National
Collections; presentation of public exhibits and performances;
collection, preparation, dissemination, and exchange of information and
publications; conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease (for terms not to
exceed 30 years), and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized by 5
U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for
employees, $593,400,000, of which not to exceed $19,352,000 for the
instrumentation program, collections acquisition, exhibition
reinstallation, the National Museum of African American History and
Culture, and the repatriation of skeletal remains program shall remain
available until expended; and of which $1,553,000 for fellowships and
scholarly awards shall remain available until September 30, 2010; and
including such funds as may be necessary to support American overseas
research centers: Provided, That funds appropriated herein are available
for advance payments to independent contractors performing research
services or participating in official Smithsonian presentations.
facilities capital
For necessary expenses of repair, revitalization, and alteration of
facilities owned or occupied by the Smithsonian Institution, by contract
or otherwise, as authorized by section 2 of the Act of August 22, 1949
(63 Stat. 623), and for construction, including necessary personnel,
$123,000,000, to remain available until
[[Page 123 STAT. 741]]
expended, of which not to exceed $10,000 is for services as authorized
by 5 U.S.C. 3109.
Legacy Fund
For major restoration, renovation, and rehabilitation of existing
Smithsonian facilities, $15,000,000, to remain available until expended:
Provided, That such funds may be made available in incremental amounts
for individual projects after being matched by an equal amount in
private donations, which shall not include in-kind contributions:
Provided further, That none of the funds made available under this
heading, or any required matching funds, shall be used for day-to-day
maintenance, general salaries and expenses, or programmatic purposes:
Provided further, That the total amount of private contributions may be
adjusted to reflect any provision in this or any other appropriations
Act that affects the overall amount of the Federal appropriation for
this Fund.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of Art, the
protection and care of the works of art therein, and administrative
expenses incident thereto, as authorized by the Act of March 24, 1937
(50 Stat. 51), as amended by the public resolution of April 13, 1939
(Public Resolution 9, Seventy-sixth Congress), including services as
authorized by 5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum, and art
associations or societies whose publications or services are available
to members only, or to members at a price lower than to the general
public; purchase, repair, and cleaning of uniforms for guards, and
uniforms, or allowances therefor, for other employees as authorized by
law (5 U.S.C. 5901-5902); purchase or rental of devices and services for
protecting buildings and contents thereof, and maintenance, alteration,
improvement, and repair of buildings, approaches, and grounds; and
purchase of services for restoration and repair of works of art for the
National Gallery of Art by contracts made, without advertising, with
individuals, firms, or organizations at such rates or prices and under
such terms and conditions as the Gallery may deem proper, $105,388,000,
of which not to exceed $3,350,000 for the special exhibition program
shall remain available until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and renovation of
buildings, grounds and facilities owned or occupied by the National
Gallery of Art, by contract or otherwise, as authorized, $17,368,000, to
remain available until expended: <<NOTE: Contracts.>> Provided, That
contracts awarded for environmental systems, protection systems, and
exterior repair or renovation of buildings of the National Gallery of
Art may be negotiated with selected contractors and awarded on the basis
of contractor qualifications as well as price.
[[Page 123 STAT. 742]]
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and security
of the John F. Kennedy Center for the Performing Arts, $21,300,000.
capital repair and restoration
For necessary expenses for capital repair and restoration of the
existing features of the building and site of the John F. Kennedy Center
for the Performing Arts, $15,064,000, to remain available until
expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of the Woodrow
Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of passenger
vehicles and services as authorized by 5 U.S.C. 3109, $10,000,000.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
(including transfer of funds)
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, as amended, $155,000,000 shall be
available to the National Endowment for the Arts for the support of
projects and productions in the arts, including arts education and
public outreach activities, through assistance to organizations and
individuals pursuant to section 5 of the Act, for program support, and
for administering the functions of the Act, to remain available until
expended: Provided, That funds appropriated herein shall be expended in
accordance with sections 309 and 311 of Public Law 108-447: Provided
further, That hereinafter funds previously appropriated to the National
Endowment for the Arts ``Challenge America'' account may be transferred
to and merged with this account.
National Endowment for the Humanities
Grants and Administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, as amended, $155,000,000, to remain
available until expended, of which $140,700,000 shall be available for
support of activities in the humanities, pursuant to section 7(c) of the
Act and for administering the functions of the Act; and $14,300,000
shall be available to carry out the matching grants program pursuant to
section 10(a)(2) of the Act including $9,300,000 for the purposes of
section 7(h): Provided, That appropriations for carrying out section
10(a)(2) shall
[[Page 123 STAT. 743]]
be available for obligation only in such amounts as may be equal to the
total amounts of gifts, bequests, and devises of money, and other
property accepted by the chairman or by grantees of the Endowment under
the provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during the
current and preceding fiscal years for which equal amounts have not
previously been appropriated.
Administrative Provision
None of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used to process any grant or contract
documents which do not include the text of 18 U.S.C. 1913: Provided,
That none of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used for official reception and
representation expenses: Provided further, That funds from
nonappropriated sources may be used as necessary for official reception
and representation expenses: Provided further, That <<NOTE: Grants.>>
the Chairperson of the National Endowment for the Arts may approve
grants of up to $10,000, if in the aggregate this amount does not exceed
5 percent of the sums appropriated for grant-making purposes per year:
Provided further, That such small grant actions are taken pursuant to
the terms of an expressed and direct delegation of authority from the
National Council on the Arts to the Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses made necessary by the Act establishing a Commission of
Fine Arts (40 U.S.C. 104), $2,234,000: Provided, That the Commission is
authorized to charge fees to cover the full costs of its publications,
and such fees shall be credited to this account as an offsetting
collection, to remain available until expended without further
appropriation.
National Capital Arts and Cultural Affairs
For necessary expenses as authorized by Public Law 99-190 (20 U.S.C.
956a), as amended, $9,500,000: Provided, That no organization shall
receive a grant in excess of $650,000 in a single year.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665, as amended), $5,498,000: Provided, That
none of these funds shall be available for compensation of level V of
the Executive Schedule or higher positions.
National Capital Planning Commission
salaries and expenses
For necessary expenses, as authorized by the National Capital
Planning Act of 1952 (40 U.S.C. 71-71i), including services as
authorized by 5 U.S.C. 3109, $8,328,000: Provided, That one-quarter
[[Page 123 STAT. 744]]
of 1 percent of the funds provided under this heading may be used for
official reception and representational expenses associated with hosting
international visitors engaged in the planning and physical development
of world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as authorized by
Public Law 106-292 (36 U.S.C. 2301-2310), $47,260,000, of which $515,000
for the Museum's equipment replacement program, $1,900,000 for the
museum's repair and rehabilitation program and $1,264,000 for the
museum's exhibition design and production program shall remain available
until expended.
Presidio Trust
Presidio Trust Fund
For necessary expenses to carry out title I of the Omnibus Parks and
Public Lands Management Act of 1996, $17,450,000 shall be available to
the Presidio Trust, to remain available until expended.
Dwight D. Eisenhower Memorial Commission
Salaries and Expenses
For necessary expenses, including the costs of construction design,
of the Dwight D. Eisenhower Memorial Commission, $2,000,000, to remain
available until expended.
TITLE IV
GENERAL PROVISIONS
(including transfers of funds)
Sec. 401. <<NOTE: Contracts.>> The expenditure of any appropriation
under this Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or under
existing Executive Order issued pursuant to existing law.
Sec. 402. <<NOTE: Lobbying.>> No part of any appropriation
contained in this Act shall be available for any activity or the
publication or distribution of literature that in any way tends to
promote public support or opposition to any legislative proposal on
which Congressional action is not complete other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
Sec. 403. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 404. None of the funds provided in this Act to any department
or agency shall be obligated or expended to provide a personal cook,
chauffeur, or other personal servants to any officer or
[[Page 123 STAT. 745]]
employee of such department or agency except as otherwise provided by
law.
Sec. 405. <<NOTE: Budget estimates.>> Estimated overhead charges,
deductions, reserves or holdbacks from programs, projects, activities
and subactivities to support government-wide, departmental, agency or
bureau administrative functions or headquarters, regional or central
operations shall be presented in annual budget justifications and
subject to approval by the Committees on Appropriations. Changes to such
estimates shall be presented to the Committees on Appropriations for
approval.
Sec. 406. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government except pursuant to a transfer made by, or transfer
provided in, this Act or any other Act.
Sec. 407. <<NOTE: Forests and forest products.>> None of the funds
in this Act may be used to plan, prepare, or offer for sale timber from
trees classified as giant sequoia (Sequoiadendron giganteum) which are
located on National Forest System or Bureau of Land Management lands in
a manner different than such sales were conducted in fiscal year 2006.
Sec. 408. <<NOTE: Patents. Mines and mining.>> (a) Limitation of
Funds.--None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended to accept or process
applications for a patent for any mining or mill site claim located
under the general mining laws.
(b) Exceptions.--The provisions of subsection (a) shall not apply if
the Secretary of the Interior determines that, for the claim concerned:
(1) a patent application was filed with the Secretary on or before
September 30, 1994; and (2) all requirements established under sections
2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or
lode claims and sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337
of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the case
may be, were fully complied with by the applicant by that date.
(c) Report.--On September 30, 2009, the Secretary of the Interior
shall file with the House and Senate Committees on Appropriations and
the Committee on Natural Resources of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate a report on
actions taken by the Department under the plan submitted pursuant to
section 314(c) of the Department of the Interior and Related Agencies
Appropriations Act, 1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent applications
in a timely and responsible manner, upon the request of a patent
applicant, the Secretary of the Interior shall allow the applicant to
fund a qualified third-party contractor to be selected by the Bureau of
Land Management to conduct a mineral examination of the mining claims or
mill sites contained in a patent application as set forth in subsection
(b). The Bureau of Land Management shall have the sole responsibility to
choose and pay the third-party contractor in accordance with the
standard procedures employed by the Bureau of Land Management in the
retention of third-party contractors.
Sec. 409. Notwithstanding any other provision of law, amounts
appropriated to or otherwise designated in committee reports for the
Bureau of Indian Affairs and the Indian Health Service by Public Laws
103-138, 103-332, 104-134, 104-208, 105-83, 105-
[[Page 123 STAT. 746]]
277, 106-113, 106-291, 107-63, 108-7, 108-108, 108-447, 109-54, 109-289,
division B and Continuing Appropriations Resolution, 2007 (division B of
Public Law 109-289, as amended by Public Laws 110-5 and 110-28), and
Public Law 110-161 for payments for contract support costs associated
with self-determination or self-governance contracts, grants, compacts,
or annual funding agreements with the Bureau of Indian Affairs or the
Indian Health Service as funded by such Acts, are the total amounts
available for fiscal years 1994 through 2008 for such purposes, except
that for the Bureau of Indian Affairs, tribes and tribal organizations
may use their tribal priority allocations for unmet contract support
costs of ongoing contracts, grants, self-governance compacts, or annual
funding agreements.
Sec. 410. <<NOTE: Plan. 16 USC 1604 note.>> Prior to October 1,
2009, the Secretary of Agriculture shall not be considered to be in
violation of subparagraph 6(f)(5)(A) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A))
solely because more than 15 years have passed without revision of the
plan for a unit of the National Forest System. Nothing in this section
exempts the Secretary from any other requirement of the Forest and
Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or
any other law: Provided, That if the Secretary is not acting
expeditiously and in good faith, within the funding available, to revise
a plan for a unit of the National Forest System, this section shall be
void with respect to such plan and a court of proper jurisdiction may
order completion of the plan on an accelerated basis.
Sec. 411. No funds provided in this Act may be expended to conduct
preleasing, leasing and related activities under either the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands
Act (43 U.S.C. 1331 et seq.) within the boundaries of a National
Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431
et seq.) as such boundary existed on January 20, 2001, except where such
activities are allowed under the Presidential proclamation establishing
such monument.
Sec. 412. <<NOTE: Contracts. Foreign relations. Wildfires.>> In
entering into agreements with foreign countries pursuant to the Wildfire
Suppression Assistance Act (42 U.S.C. 1856m) the Secretary of
Agriculture and the Secretary of the Interior are authorized to enter
into reciprocal agreements in which the individuals furnished under said
agreements to provide wildfire services are considered, for purposes of
tort liability, employees of the country receiving said services when
the individuals are engaged in fire suppression: Provided, That the
Secretary of Agriculture or the Secretary of the Interior shall not
enter into any agreement under this provision unless the foreign country
(either directly or through its fire organization) agrees to assume any
and all liability for the acts or omissions of American firefighters
engaged in firefighting in a foreign country: Provided further, That
when an agreement is reached for furnishing fire fighting services, the
only remedies for acts or omissions committed while fighting fires shall
be those provided under the laws of the host country, and those remedies
shall be the exclusive remedies for any claim arising out of fighting
fires in a foreign country: Provided further, That neither the sending
country nor any legal organization associated with the firefighter shall
be subject to any legal action whatsoever pertaining to or arising out
of the firefighter's role in fire suppression.
[[Page 123 STAT. 747]]
Sec. 413. <<NOTE: Contracts. Urban and rural areas.>> In awarding a
Federal contract with funds made available by this Act, notwithstanding
Federal Government procurement and contracting laws, the Secretary of
Agriculture and the Secretary of the Interior (the ``Secretaries'') may,
in evaluating bids and proposals, give consideration to local
contractors who are from, and who provide employment and training for,
dislocated and displaced workers in an economically disadvantaged rural
community, including those historically timber-dependent areas that have
been affected by reduced timber harvesting on Federal lands and other
forest-dependent rural communities isolated from significant alternative
employment opportunities: Provided, That notwithstanding Federal
Government procurement and contracting laws the Secretaries may award
contracts, grants or cooperative agreements to local non-profit
entities, Youth Conservation Corps or related partnerships with State,
local or non-profit youth groups, or small or micro-business or
disadvantaged business: Provided further, That the contract, grant, or
cooperative agreement is for forest hazardous fuels reduction, watershed
or water quality monitoring or restoration, wildlife or fish population
monitoring, or habitat restoration or management: Provided further, That
the terms ``rural community'' and ``economically disadvantaged'' shall
have the same meanings as in section 2374 of Public Law 101-624:
Provided further, That <<NOTE: Guidance.>> the Secretaries shall
develop guidance to implement this section: Provided further, That
nothing in this section shall be construed as relieving the Secretaries
of any duty under applicable procurement laws, except as provided in
this section.
Sec. 414. <<NOTE: Competitive sourcing.>> None of the funds made
available by this or any other Act may be used in fiscal year 2009 for
competitive sourcing studies and any related activities involving Forest
Service personnel.
Sec. 415. Unless otherwise provided herein, no funds appropriated in
this Act for the acquisition of lands or interests in lands may be
expended for the filing of declarations of taking or complaints in
condemnation without the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not apply to funds
appropriated to implement the Everglades National Park Protection and
Expansion Act of 1989, or to funds appropriated for Federal assistance
to the State of Florida to acquire lands for Everglades restoration
purposes.
Sec. 416. None of the funds made available under this Act may be
used to promulgate or implement the Environmental Protection Agency
proposed regulations published in the Federal Register on January 3,
2007 (72 Fed. Reg. 69).
Sec. 417. Section 337(a) of the Department of the Interior and
Related Agencies Appropriations Act, 2005 (Public Law 108-447; 118 Stat.
3012) is amended by striking ``September 30, 2006'' and inserting
``September 30, 2010''.
Sec. 418. <<NOTE: 43 USC 1701 note.>> Section 330 of Public Law
106-291 concerning Service First authorities (114 Stat. 996), as amended
by section 428 of Public Law 109-54 (119 Stat. 555-556), is further
amended by striking ``2008'' and inserting in lieu thereof ``2011''.
Sec. 419. Section 422 of title IV of division F of Public Law 110-
161 is <<NOTE: 121 Stat. 2149.>> amended by inserting after ``fiscal
year 2007'' the following: ``and subsequent fiscal years through fiscal
year 2014''.
Sec. 420. In addition to the amounts otherwise provided to the
Environmental Protection Agency in this Act, $8,000,000, to
[[Page 123 STAT. 748]]
remain available until expended, is provided to EPA to be transferred to
the Department of the Navy for clean-up activities at the Treasure
Island Naval Station--Hunters Point Annex.
Sec. 421. <<NOTE: Alaska.>> The boundaries of the Tongass National
Forest in the State of Alaska are modified to include the approximately
1,043.38 acres of land acquired by the United States from the Alaska
Mental Health Trust Authority, which is more particularly described as
lots 1-B and 1-C, Mt. Verstovia-Gavan Hill Subdivision of U.S. Survey
No. 3858 and U.S. Survey No. 3849.
Sec. 422. Title V of the Forest Service Realignment and Enhancement
Act, 2005, Public Law 109-54, 119 Stat. 559-563; 16 U.S.C. 580d note, is
amended as follows:
(1) In section 503, subsection (f) by striking ``2008'' and
inserting in lieu thereof ``2011'' and;
(2) In section 504--
(A) in subsection (a)(3) by striking in whole, and
inserting in lieu thereof ``Terms, conditions, and
reservations.--The conveyance of an administrative site
under this title shall be subject to such terms,
conditions, and reservations as the Secretary determines
to be necessary to protect the public interest'';
(B) in subsection (d)(1) by striking ``Subchapter I
of chapter 5'', and inserting in lieu thereof ``Chapter
5 of subtitle I''; and
(C) in subsection (d)(4)(B) by striking in whole,
and inserting in lieu thereof ``determine whether to
include terms, conditions, and reservations under
subsection (a)(3); and''.
Sec. 423. Lake Tahoe Basin Hazardous Fuel Reduction Projects. (a)
Hereafter, subject to subsection (b), a proposal to authorize a
hazardous fuel reduction project, not to exceed 5,000 acres, including
no more than 1,500 acres of mechanical thinning, on the Lake Tahoe Basin
Management Unit may be categorically excluded from documentation in an
environmental impact statement or an environmental assessment under the
National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et
seq.) if the project:
(1) is consistent with the Lake Tahoe Basin Multi-
Jurisdictional Fuel Reduction and Wildfire Prevention Strategy
published in December 2007 and any subsequent revisions to the
Strategy;
(2) is not conducted in any wilderness areas; and
(3) does not involve any new permanent roads.
(b) A proposal that is categorically excluded under this section
shall be subject to--
(1) the extraordinary circumstances procedures established
by the Forest Service pursuant to section 1508.4 of title 40,
Code of Federal Regulations; and
(2) an opportunity for public input.
Sec. 424. <<NOTE: Deadline. Determination. Greenhouse gas
emissions.>> Not later than June 30, 2009, the Administrator of the
Environmental Protection Agency shall reconsider, and confirm or
reverse, the decision to deny the request of the State of California to
regulate greenhouse gas emissions from new motor vehicles.
Sec. 425. Toxics Release Inventory Reporting. Notwithstanding any
other provision of law--
[[Page 123 STAT. 749]]
(1) none of the funds made available by this or any other
Act may, hereafter, be used to implement the final rule
promulgated by the Administrator of the Environmental Protection
Agency entitled ``Toxics Release Inventory Burden Reduction
Final Rule'' (71 Fed. Reg. 76932); and
(2) the final rule described in paragraph (1) shall have no
force or effect. The affected regulatory text shall revert to
what it was before the final rule described in paragraph (1)
became effective, until any future action taken by the
Administrator.
Sec. 426. Section 325 of Public Law 108-108 <<NOTE: 43 USC 1752
note.>> is amended by striking ``fiscal years 2004-2008'' and inserting
``fiscal year 2009.''
Sec. 427. <<NOTE: Contracts.>> The Secretary of Agriculture and the
Secretary of the Interior shall execute an agreement that transfers
management and oversight including transfer of function for the
workforce, of the Centennial, Collbran, Columbia Basin, Fort Simcoe,
Treasure Lake, and Weber Basin Job Corps Centers to the Forest Service.
These Job Corps centers shall continue to be administered as described
in section 147(c) of Public Law 105-220, Workforce Investment Act of
1998.
Sec. 428. Section 434 of division F of Public Law <<NOTE: 16 USC
2104 note.>> 110-161 is amended by striking paragraph (3) and inserting
a new paragraph (3) as follows:
``(3) By adding at the end the following:
`` `(m) Section <<NOTE: Applicability.>> 106 of Public Law 108-148
shall apply to all projects authorized by this Act. Sections 104 and 105
of Public Law 108-148 may be applied to projects authorized by this
Act.'. ''.
Sec. 429. (a) <<NOTE: Time period.>> During the 60-day period
beginning on the date of the enactment of this Act--
(1) the Secretary of the Interior and the Secretary of
Commerce may withdraw or reissue the rule described in
subsection (c)(1) without regard to any provision of statute or
regulation that establishes a requirement for such withdrawal;
and
(2) the Secretary of the Interior may withdraw or reissue
the rule referred to in subsection (c)(2) without regard to any
provision of statute or regulation that establishes a
requirement for such withdrawal.
(b) If the Secretary of the Interior or the Secretary of Commerce
(or both) withdraws a rule under subsection (a), such Secretary shall
implement the provisions of law under which the rule was issued in
accordance with the regulations in effect under such provisions
immediately before the effective date of such rule, except as otherwise
provided by any Act or rule that takes effect after the effective date
of the rule that is withdrawn.
(c) The rules referred to in subsection (a) are the following:
(1) The <<NOTE: Endangered species.>> final rule relating
to ``Interagency Cooperation under the Endangered Species Act'',
issued by the United States Fish and Wildlife Service and the
National Marine Fisheries Service and signed November 26, 2008,
by the Assistant Secretary of Fish and Wildlife and Parks of the
Department of the Interior and the Deputy Assistant
Administrator for the Regulatory Programs of the National Marine
Fisheries Service.
(2) The <<NOTE: Polar bear.>> final rule relating to
``Endangered and Threatened Wildlife and Plants; Special Rule
for the Polar Bear'', issued by the Assistant Secretary of Fish
and Wildlife and Parks of the Department of the Interior on
December 10, 2008.
[[Page 123 STAT. 750]]
Sec. 430. Within the amounts appropriated in this division, funding
shall be allocated in the amounts specified for those projects and
purposes delineated in the table titled ``Congressionally Directed
Spending'' included in the explanatory statement accompanying this Act
(as described in section 4, in the matter preceding division A of this
consolidated Act).
This division may be cited as the ``Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2009''.
DIVISION F--DEPARTMENTS <<NOTE: Department of Labor, Health and Human
Services, and Related Agencies Appropriations Act, 2009. Department of
Labor Appropriations Act, 2009.>> OF LABOR, HEALTH AND HUMAN SERVICES,
AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2009
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration
Training and Employment Services
For necessary expenses of the Workforce Investment Act of 1998
(``WIA''), the Denali Commission Act of 1998, and the Women in
Apprenticeship and Non-Traditional Occupations Act of 1992, including
the purchase and hire of passenger motor vehicles, the construction,
alteration, and repair of buildings and other facilities, and the
purchase of real property for training centers as authorized by the WIA;
$3,626,448,000, plus reimbursements, shall be available. Of the amounts
provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker employment
and training activities, $2,969,449,000 as follows:
(A) $861,540,000 for adult employment and training
activities, of which $149,540,000 shall be available for
the period July 1, 2009, through June 30, 2010, and of
which $712,000,000 shall be available for the period
October 1, 2009 through June 30, 2010;
(B) $924,069,000 for youth activities, which shall
be available for the period April 1, 2009 through June
30, 2010; and
(C) $1,183,840,000 for dislocated worker employment
and training activities, of which $335,840,000 shall be
available for the period July 1, 2009 through June 30,
2010, and of which $848,000,000 shall be available for
the period October 1, 2009 through June 30, 2010:
Provided, That notwithstanding the transfer limitation under
section 133(b)(4) of the WIA, up to 30 percent of such funds may
be transferred by a local board if approved by the Governor;
(2) for federally administered programs, $489,429,000 as
follows:
(A) $283,051,000 for the dislocated workers
assistance national reserve, of which $71,051,000 shall
be available for the period July 1, 2009 through June
30, 2010, and of which $212,000,000 shall be available
for the period October 1, 2009 through June 30, 2010:
Provided, That up to $125,000,000 may be made available
for Community-
[[Page 123 STAT. 751]]
Based Job Training grants from funds reserved under
section 132(a)(2)(A) of the WIA and shall be used to
carry out such grants under section 171(d) of such Act,
except that the 10 percent limitation otherwise
applicable to the amount of funds that may be used to
carry out section 171(d) shall not be applicable to
funds used for Community-Based Job Training grants:
Provided further, That funds provided to carry out
section 132(a)(2)(A) of the WIA may be used to provide
assistance to a State for State-wide or local use in
order to address cases where there have been worker
dislocations across multiple sectors or across multiple
local areas and such workers remain dislocated;
coordinate the State workforce development plan with
emerging economic development needs; and train such
eligible dislocated workers: Provided further, That
funds provided to carry out section 171(d) of the WIA
may be used for demonstration projects that provide
assistance to new entrants in the workforce and
incumbent workers;
(B) $52,758,000 for Native American programs, which
shall be available for the period July 1, 2009 through
June 30, 2010;
(C) $82,620,000 for migrant and seasonal farmworker
programs under section 167 of the WIA, including
$76,710,000 for formula grants (of which not less that
70 percent shall be for employment and training
services), $5,400,000 for migrant and seasonal housing
(of which not less than 70 percent shall be for
permanent housing), and $510,000 for other discretionary
purposes, which shall be available for the period July
1, 2009 through June 30, 2010: Provided, That
notwithstanding any other provision of law or related
regulation, the Department of Labor shall take no action
limiting the number or proportion of eligible
participants receiving related assistance services or
discouraging grantees from providing such services;
(D) $1,000,000 for carrying out the Women in
Apprenticeship and Nontraditional Occupations Act, which
shall be available for the period July 1, 2009 through
June 30, 2010; and
(E) $70,000,000 for YouthBuild activities as
described in section 173A of the WIA, which shall be
available for the period April 1, 2009 through June 30,
2010: Provided, That for program years 2008 and 2009,
the YouthBuild program may serve an individual who has
dropped out of high school and re-enrolled in an
alternative school, if that re-enrollment is part of a
sequential service strategy;
(3) for national activities, $167,570,000, as follows:
(A) $48,781,000 for Pilots, Demonstrations, and
Research, which shall be available for the period April
1, 2009 through June 30, 2010, of which $5,000,000 shall
be for competitive grants to address the employment and
training needs of young parents (notwithstanding the
requirements of section 171(b)(2)(B) or 171(c)(4)(D) of
the WIA), and of which $41,324,000 shall be used for the
projects, and in the amounts, specified under the
heading ``Training and Employment Services'' in the
explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act):
Provided, That funding
[[Page 123 STAT. 752]]
provided to carry out such projects shall not be subject
to the requirements of sections 171(b)(2)(B) and
171(c)(4)(D) of the WIA, the joint funding requirements
of sections 171(b)(2)(A) and 171(c)(4)(A) of the WIA, or
any time limit requirements of sections 171(b)(2)(C) and
171(c)(4)(B) of the WIA;
(B) $108,493,000 for ex-offender activities, under
the authority of section 171 of the WIA, which shall be
available for the period April 1, 2009 through June 30,
2010, notwithstanding the requirements of section
171(b)(2)(B) or 171(c)(4)(D): Provided, That not less
than $88,500,000 shall be for youthful offender
activities, of which $35,000,000 shall be for a program
of competitive grants to local educational agencies or
community-based organizations to develop and implement
mentoring strategies that integrate educational and
employment interventions designed to prevent youth
violence in schools identified as persistently dangerous
under section 9532 of the Elementary and Secondary
Education Act;
(C) $6,918,000 for Evaluation, which shall be
available for the period July 1, 2009 through June 30,
2010; and
(D) $3,378,000 for the Denali Commission, which
shall be available for the period July 1, 2009 through
June 30, 2010.
Community Service Employment for Older Americans
To carry out title V of the Older Americans Act of 1965,
$571,925,000, which shall be available for the period July 1, 2009
through June 30, 2010: Provided, That funds made available under this
heading in this Act may, in accordance with section 517(c) of the Older
Americans Act of 1965, be recaptured and reobligated.
Federal Unemployment Benefits and Allowances
For payments during fiscal year 2009 of trade adjustment benefit
payments and allowances under part I of subchapter B of chapter 2 of
title II of the Trade Act of 1974, and section 246 of that Act; and for
training, employment and case management services, allowances for job
search and relocation, and related State administrative expenses under
part II of subchapter B of chapter 2 of title II of the Trade Act of
1974, $958,800,000, together with such amounts as may be necessary to be
charged to the subsequent appropriation for payments for any period
subsequent to September 15, 2009.
State Unemployment Insurance and Employment Service Operations
For authorized administrative expenses, $91,698,000, together with
not to exceed $3,563,167,000 which may be expended from the Employment
Security Administration Account in the Unemployment Trust Fund (``the
Trust Fund''), of which:
(1) $2,782,145,000 from the Trust Fund is for grants to
States for the administration of State unemployment insurance
laws as authorized under title III of the Social Security Act
(including $10,000,000 to conduct in-person reemployment and
eligibility assessments and unemployment insurance improper
[[Page 123 STAT. 753]]
payment reviews), the administration of unemployment insurance
for Federal employees and for ex-service members as authorized
under 5 U.S.C. 8501-8523, and the administration of trade
readjustment allowances and alternative trade adjustment
assistance under the Trade Act of 1974, and shall be available
for obligation by the States through December 31, 2009, except
that funds used for automation acquisitions shall be available
for obligation by the States through September 30, 2011, and
funds used for unemployment insurance workloads experienced by
the States through September 30, 2009 shall be available for
Federal obligation through December 31, 2009;
(2) $11,310,000 from the Trust Fund is for national
activities necessary to support the administration of the
Federal-State unemployment insurance system;
(3) $680,893,000 from the Trust Fund, together with
$22,683,000 from the General Fund of the Treasury, is for grants
to States in accordance with section 6 of the Wagner-Peyser Act,
and shall be available for Federal obligation for the period
July 1, 2009 through June 30, 2010;
(4) $20,869,000 from the Trust Fund is for national
activities of the Employment Service, including administration
of the work opportunity tax credit under section 51 of the
Internal Revenue Code of 1986, and the provision of technical
assistance and staff training under the Wagner-Peyser Act,
including not to exceed $1,228,000 that may be used for
amortization payments to States which had independent retirement
plans in their State employment service agencies prior to 1980;
(5) $67,950,000 from the Trust Fund is for the
administration of foreign labor certifications and related
activities under the Immigration and Nationality Act and related
laws, of which $52,821,000 shall be available for the Federal
administration of such activities, and $15,129,000 shall be
available for grants to States for the administration of such
activities;
(6) $51,720,000 from the General Fund is to provide
workforce information, national electronic tools, and one-stop
system building under the Wagner-Peyser Act and section 171
(e)(2)(C) of the Workforce Investment Act of 1998 and shall be
available for Federal obligation for the period July 1, 2009
through June 30, 2010; and
(7) $17,295,000 from the General Fund is to provide for work
incentive grants to the States and shall be available for the
period July 1, 2009 through June 30, 2010:
Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2009 is projected by the
Department of Labor to exceed 3,487,000, an additional $28,600,000 from
the Trust Fund shall be available for obligation for every 100,000
increase in the AWIU level (including a pro rata amount for any
increment less than 100,000) to carry out title III of the Social
Security Act: Provided further, That funds appropriated in this Act that
are allotted to a State to carry out activities under title III of the
Social Security Act may be used by such State to assist other States in
carrying out activities under such title III if the other States include
areas that have suffered a major disaster declared by the President
under the Robert T. Stafford Disaster Relief and Emergency Assistance
Act: Provided further, That the Secretary of Labor may use funds
appropriated for grants
[[Page 123 STAT. 754]]
to States under title III of the Social Security Act to make payments on
behalf of States for the use of the National Directory of New Hires
under section 453(j)(8) of such Act: Provided further, That funds
appropriated in this Act which are used to establish a national one-stop
career center system, or which are used to support the national
activities of the Federal-State unemployment insurance or immigration
programs, may be obligated in contracts, grants, or agreements with non-
State entities: Provided further, That funds appropriated under this Act
for activities authorized under title III of the Social Security Act and
the Wagner-Peyser Act may be used by States to fund integrated
Unemployment Insurance and Employment Service automation efforts,
notwithstanding cost allocation principles prescribed under the Office
of Management and Budget Circular A-87: Provided further, That the
Secretary, at the request of a State participating in a consortium with
other States, may reallot funds allotted to such State under title III
of the Social Security Act to other States participating in the
consortium in order to carry out activities that benefit the
administration of the unemployment compensation law of the State making
the request.
In addition, $40,000,000 from the Employment Security Administration
Account of the Unemployment Trust Fund shall be available to conduct in-
person reemployment and eligibility assessments and unemployment
insurance improper payment reviews: Provided,
That <<NOTE: Deadline. Reports.>> not later than June 30, 2010, the
Secretary shall submit an interim report to the Congress that includes
available information on expenditures, number of individuals assessed,
and outcomes from the assessments: <<NOTE: Deadline. Reports.>>
Provided further, That not later than June 30, 2011, the Secretary of
Labor shall submit to the Congress a final report containing
comprehensive information on the estimated savings that result from the
assessments of claimants and identification of best practices.
Advances to the Unemployment Trust Fund and Other Funds
For repayable advances to the Unemployment Trust Fund as authorized
by sections 905(d) and 1203 of the Social Security Act, and to the Black
Lung Disability Trust Fund as authorized by section 9501(c)(1) of the
Internal Revenue Code of 1954; and for nonrepayable advances to the
Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and to the
``Federal unemployment benefits and allowances'' account, to remain
available through September 30, 2010, $422,000,000.
In addition, for making repayable advances to the Black Lung
Disability Trust Fund in the current fiscal year after September 15,
2009, for costs incurred by the Black Lung Disability Trust Fund in the
current fiscal year, such sums as may be necessary.
Program Administration
For expenses of administering employment and training programs,
$85,323,000, together with not to exceed $45,140,000, which may be
expended from the Employment Security Administration Account in the
Unemployment Trust Fund.
[[Page 123 STAT. 755]]
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $143,419,000.
Pension Benefit Guaranty Corporation
Pension Benefit Guaranty Corporation Fund
The Pension Benefit Guaranty Corporation (``Corporation'') is
authorized to make such expenditures, including financial assistance
authorized by subtitle E of title IV of the Employee Retirement Income
Security Act of 1974, within limits of funds and borrowing authority
available to the Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by 31 U.S.C. 9104 as may be necessary in carrying out the
program, including associated administrative expenses, through September
30, 2009, for the Corporation: Provided, That none of the funds
available to the Corporation for fiscal year 2009 shall be available for
obligations for administrative expenses in excess of $444,722,000:
Provided further, That to the extent that the number of new plan
participants in plans terminated by the Corporation exceeds 100,000 in
fiscal year 2009, an amount not to exceed an additional $9,200,000 shall
be available for obligation for administrative expenses for every 20,000
additional terminated participants: <<NOTE: Notification.>> Provided
further, That an additional $50,000 shall be made available for
obligation for investment management fees for every $25,000,000 in
assets received by the Corporation as a result of new plan terminations
or asset growth, after approval by the Office of Management and Budget
and notification of the Committees on Appropriations of the House of
Representatives and the Senate: <<NOTE: Notification.>> Provided
further, That obligations in excess of the amounts provided in this
paragraph may be incurred for unforeseen and extraordinary pre-
termination expenses after approval by the Office of Management and
Budget and notification of the Committees on Appropriations of the House
of Representatives and the Senate.
Employment Standards Administration
salaries and expenses
(including rescission)
For necessary expenses for the Employment Standards Administration,
including reimbursement to State, Federal, and local agencies and their
employees for inspection services rendered, $438,166,000, together with
$2,101,000 which may be expended from the Special Fund in accordance
with sections 39(c), 44(d), and 44(j) of the Longshore and Harbor
Workers' Compensation Act: Provided, That <<NOTE: Fees.>> the Secretary
of Labor is authorized to establish and, in accordance with 31 U.S.C
3302, collect and deposit in the Treasury fees for processing
applications and issuing certificates under sections 11(d) and 14 of the
Fair Labor Standards Act of 1938 and for processing applications and
issuing registrations under
[[Page 123 STAT. 756]]
title I of the Migrant and Seasonal Agricultural Worker Protection Act.
Of the unobligated funds collected pursuant to section 286(v) of the
Immigration and Nationality Act, $97,000,000 are rescinded as of
September 30, 2009.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses (except
administrative expenses) accruing during the current or any prior fiscal
year authorized by 5 U.S.C. 81; continuation of benefits as provided for
under the heading ``Civilian War Benefits'' in the Federal Security
Agency Appropriation Act, 1947; the Employees' Compensation Commission
Appropriation Act, 1944; sections 4(c) and 5(f) of the War Claims Act of
1948; and 50 percent of the additional compensation and benefits
required by section 10(h) of the Longshore and Harbor Workers'
Compensation Act, $163,000,000, together with such amounts as may be
necessary to be charged to the subsequent year appropriation for the
payment of compensation and other benefits for any period subsequent to
August 15 of the current year: Provided, That amounts appropriated may
be used under 5 U.S.C. 8104, by the Secretary of Labor to reimburse an
employer, who is not the employer at the time of injury, for portions of
the salary of a reemployed, disabled beneficiary: Provided further, That
balances of reimbursements unobligated on September 30, 2008, shall
remain available until expended for the payment of compensation,
benefits, and expenses: Provided further, That in addition there shall
be transferred to this appropriation from the Postal Service and from
any other corporation or instrumentality required under 5 U.S.C. 8147(c)
to pay an amount for its fair share of the cost of administration, such
sums as the Secretary determines to be the cost of administration for
employees of such fair share entities through September 30, 2009:
Provided further, That of those funds transferred to this account from
the fair share entities to pay the cost of administration of the Federal
Employees' Compensation Act, $52,720,000 shall be made available to the
Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems and telecommunications systems, $15,068,000;
(2) For automated workload processing operations, including
document imaging, centralized mail intake, and medical bill
processing, $23,273,000;
(3) For periodic roll management and medical review,
$14,379,000; and
(4) The remaining funds shall be paid into the Treasury as
miscellaneous receipts:
Provided further, That the Secretary may require that any person filing
a notice of injury or a claim for benefits under 5 U.S.C. 81, or the
Longshore and Harbor Workers' Compensation Act, provide as part of such
notice and claim, such identifying information (including Social
Security account number) as such regulations may prescribe.
[[Page 123 STAT. 757]]
Special Benefits for Disabled Coal Miners
For carrying out title IV of the Federal Mine Safety and Health Act
of 1977, as amended by Public Law 107-275, $188,130,000, to remain
available until expended.
For making after July 31 of the current fiscal year, benefit
payments to individuals under title IV of such Act, for costs incurred
in the current fiscal year, such amounts as may be necessary.
For making benefit payments under title IV for the first quarter of
fiscal year 2010, $56,000,000, to remain available until expended.
Administrative Expenses, Energy Employees Occupational Illness
Compensation Fund
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $49,654,000, to remain
available until expended: Provided, That the Secretary of Labor may
require that any person filing a claim for benefits under the Act
provide as part of such claim, such identifying information (including
Social Security account number) as may be prescribed.
Black Lung Disability Trust Fund
(including transfer of funds)
In fiscal <<NOTE: 26 USC 9501 note.>> year 2009 and thereafter,
such sums as may be necessary from the Black Lung Disability Trust Fund
(``Fund''), to remain available until expended, for payment of all
benefits authorized by section 9501(d)(1), (2), (4), and (7) of the
Internal Revenue Code of 1954; and interest on advances, as authorized
by section 9501(c)(2) of that Act. In addition, the following amounts
may be expended from the Fund for fiscal year 2009 for expenses of
operation and administration of the Black Lung Benefits program, as
authorized by section 9501(d)(5): not to exceed $32,308,000 for transfer
to the Employment Standards Administration ``Salaries and Expenses'';
not to exceed $24,694,000 for transfer to Departmental Management,
``Salaries and Expenses''; not to exceed $325,000 for transfer to
Departmental Management, ``Office of Inspector General''; and not to
exceed $356,000 for payments into miscellaneous receipts for the
expenses of the Department of the Treasury.
Occupational Safety and Health Administration
Salaries and Expenses
For necessary expenses for the Occupational Safety and Health
Administration, $513,042,000, including not to exceed $92,593,000 which
shall be the maximum amount available for grants to States under section
23(g) of the Occupational Safety and Health Act (``Act''), which grants
shall be no less than 50 percent of the costs of State occupational
safety and health programs required to be incurred under plans approved
by the Secretary of Labor under section 18 of the Act; and, in addition,
notwithstanding 31 U.S.C. 3302, the Occupational Safety and Health
Administration may retain up to $750,000 per fiscal year of training
institute course tuition fees, otherwise authorized by law to be
collected, and may utilize such sums for occupational safety and health
training and
[[Page 123 STAT. 758]]
education grants: <<NOTE: Fees.>> Provided, That, notwithstanding 31
U.S.C. 3302, the Secretary is authorized, during the fiscal year ending
September 30, 2009, to collect and retain fees for services provided to
Nationally Recognized Testing Laboratories, and may utilize such sums,
in accordance with the provisions of 29 U.S.C. 9a, to administer
national and international laboratory recognition programs that ensure
the safety of equipment and products used by workers in the
workplace: <<NOTE: Farms and farming.>> Provided further, That none of
the funds appropriated under this paragraph shall be obligated or
expended to prescribe, issue, administer, or enforce any standard, rule,
regulation, or order under the Act which is applicable to any person who
is engaged in a farming operation which does not maintain a temporary
labor camp and employs 10 or fewer employees: <<NOTE: Small
businesses.>> Provided further, That no funds appropriated under this
paragraph shall be obligated or expended to administer or enforce any
standard, rule, regulation, or order under the Act with respect to any
employer of 10 or fewer employees who is included within a category
having a Days Away, Restricted, or Transferred (DART) occupational
injury and illness rate, at the most precise industrial classification
code for which such data are published, less than the national average
rate as such rates are most recently published by the Secretary, acting
through the Bureau of Labor Statistics, in accordance with section 24 of
the Act, except--
(1) to provide, as authorized by the Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response to
an employee complaint, to issue a citation for violations found
during such inspection, and to assess a penalty for violations
which are not corrected within a reasonable abatement period and
for any willful violations found;
(3) to take any action authorized by the Act with respect to
imminent dangers;
(4) to take any action authorized by the Act with respect to
health hazards;
(5) to take any action authorized by the Act with respect to
a report of an employment accident which is fatal to one or more
employees or which results in hospitalization of two or more
employees, and to take any action pursuant to such investigation
authorized by the Act; and
(6) to take any action authorized by the Act with respect to
complaints of discrimination against employees for exercising
rights under the Act:
Provided further, That <<NOTE: Farms and farming.>> the foregoing
proviso shall not apply to any person who is engaged in a farming
operation which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That $10,000,000 shall be
available for Susan Harwood training grants, of which $3,144,000 shall
be used for the Institutional Competency Building training grants
awarded in February 2008, provided that a grantee has demonstrated
satisfactory performance: <<NOTE: Grants. Deadline.>> Provided further,
That such grants shall be awarded not later than 30 days after the date
of enactment of this Act.
[[Page 123 STAT. 759]]
Mine Safety and Health Administration
Salaries and Expenses
For necessary <<NOTE: 30 USC 962.>> expenses for the Mine Safety
and Health Administration, $347,003,000, including purchase and bestowal
of certificates and trophies in connection with mine rescue and first-
aid work, and the hire of passenger motor vehicles, including up to
$2,000,000 for mine rescue and recovery activities, and $1,808,000 to
continue the project with the United Mine Workers of America, for
classroom and simulated rescue training for mine rescue teams; in
addition, not to exceed $750,000 may be collected by the National Mine
Health and Safety Academy for room, board, tuition, and the sale of
training materials, otherwise authorized by law to be collected, to be
available for mine safety and health education and training activities,
notwithstanding 31 U.S.C. 3302; and, in addition, the Mine Safety and
Health Administration may retain up to $1,000,000 from fees collected
for the approval and certification of equipment, materials, and
explosives for use in mines, and may utilize such sums for such
activities; the Secretary of Labor is authorized to accept lands,
buildings, equipment, and other contributions from public and private
sources and to prosecute projects in cooperation with other agencies,
Federal, State, or private; the Mine Safety and Health Administration is
authorized to promote health and safety education and training in the
mining community through cooperative programs with States, industry, and
safety associations; the Secretary is authorized to recognize the Joseph
A. Holmes Safety Association as a principal safety association and,
notwithstanding any other provision of law, may provide funds and, with
or without reimbursement, personnel, including service of Mine Safety
and Health Administration officials as officers in local chapters or in
the national organization; and any funds available to the Department of
Labor may be used, with the approval of the Secretary, to provide for
the costs of mine rescue and survival operations in the event of a major
disaster.
Bureau of Labor Statistics
Salaries and Expenses
For necessary expenses for the Bureau of Labor Statistics, including
advances or reimbursements to State, Federal, and local agencies and
their employees for services rendered, $518,918,000, together with not
to exceed $78,264,000, which may be expended from the Employment
Security Administration Account in the Unemployment Trust Fund, of which
$1,500,000 may be used to fund the mass layoff statistics program under
section 15 of the Wagner-Peyser Act: <<NOTE: Survey.>> Provided, That
the Current Employment Survey shall maintain the content of the survey
issued prior to June 2005 with respect to the collection of data for the
women worker series.
Office of Disability Employment Policy
salaries and expenses
For necessary expenses for the Office of Disability Employment
Policy to provide leadership, develop policy and initiatives, and award
grants furthering the objective of eliminating barriers to
[[Page 123 STAT. 760]]
the training and employment of people with disabilities, $26,679,000.
Departmental Management
Salaries and Expenses
For necessary expenses for Departmental Management, including the
hire of three sedans, and including the management or operation, through
contracts, grants or other arrangements of Departmental activities
conducted by or through the Bureau of International Labor Affairs,
including bilateral and multilateral technical assistance and other
international labor activities, $313,871,000, of which $86,074,000 is
for the Bureau of International Labor Affairs (including $6,500,000 to
implement model programs to address worker rights issues through
technical assistance in countries with which the United States has trade
preference programs), and of which $21,286,000 is for the acquisition of
Departmental information technology, architecture, infrastructure,
equipment, software and related needs, which will be allocated by the
Department's Chief Information Officer in accordance with the
Department's capital investment management process to assure a sound
investment strategy; together with not to exceed $327,000, which may be
expended from the Employment Security Administration Account in the
Unemployment Trust Fund.
office of job corps
To carry out subtitle C of title I of the Workforce Investment Act
of 1998, including Federal administrative expenses, the purchase and
hire of passenger motor vehicles, the construction, alteration and
repairs of buildings and other facilities, and the purchase of real
property for training centers as authorized by the Workforce Investment
Act; $1,683,938,000, plus reimbursements, as follows:
(1) $1,540,276,000 for Job Corps Operations, of which
$949,276,000 shall be available for obligation for the period
July 1, 2009 through June 30, 2010 and of which $591,000,000
shall be available for obligation for the period October 1, 2009
through June 30, 2010;
(2) $115,000,000 for construction, rehabilitation and
acquisition of Job Corps Centers, of which $15,000,000 shall be
available for the period July 1, 2009 through June 30, 2012 and
$100,000,000 shall be available for the period October 1, 2009
through June 30, 2012; and
(3) $28,662,000 for necessary expenses of the Office of Job
Corps shall be available for obligation for the period October
1, 2008 through September 30, 2009:
Provided, That <<NOTE: Contracts.>> the Office of Job Corps shall have
contracting authority: Provided further, That no funds from any other
appropriation shall be used to provide meal services at or for Job Corps
centers.
Veterans Employment and Training
Not to exceed $205,468,000 may be derived from the Employment
Security Administration Account in the Unemployment Trust Fund to carry
out the provisions of 38 U.S.C. 4100-4113, 4211-4215, and 4321-4327, and
Public Law 103-353, and which shall
[[Page 123 STAT. 761]]
be available for obligation by the States through December 31, 2009, of
which $1,949,000 is for the National Veterans' Employment and Training
Services Institute. To carry out the Homeless Veterans Reintegration
Programs under section 5(a)(1) of the Homeless Veterans Comprehensive
Assistance Act of 2001 and the Veterans Workforce Investment Programs
under section 168 of the Workforce Investment Act, $33,971,000, of which
$7,641,000 shall be available for obligation for the period July 1, 2009
through June 30, 2010.
Office of Inspector General
For salaries and expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$76,326,000, together with not to exceed $5,815,000, which may be
expended from the Employment Security Administration Account in the
Unemployment Trust Fund.
General Provisions
Sec. 101. None of the funds appropriated in this Act for the Job
Corps shall be used to pay the salary of an individual, either as direct
costs or any proration as an indirect cost, at a rate in excess of
Executive Level I.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for the
Department of Labor in this Act may be transferred between a program,
project, or activity, but no such program, project, or activity shall be
increased by more than 3 percent by any such transfer: Provided, That
the transfer authority granted by this section shall be available only
to meet emergency needs and shall not be used to create any new program
or to fund any project or activity for which no funds are provided in
this Act: <<NOTE: Notification. Deadline.>> Provided further, That the
Committees on Appropriations of the House of Representatives and the
Senate are notified at least 15 days in advance of any transfer.
Sec. 103. <<NOTE: Child labor.>> In accordance with Executive Order
No. 13126, none of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended for the procurement
of goods mined, produced, manufactured, or harvested or services
rendered, whole or in part, by forced or indentured child labor in
industries and host countries already identified by the United States
Department of Labor prior to enactment of this Act.
Sec. 104. After <<NOTE: Effective date. Transit subsidy. 5 USC 7905
note.>> September 30, 2008, the Secretary of Labor shall issue a
monthly transit subsidy of not less than the full amount (of not less
than $115) that each of its employees of the National Capital Region is
eligible to receive.
Sec. 105. <<NOTE: Reports.>> None of the funds appropriated in this
title for grants under section 171 of the Workforce Investment Act of
1998 may be obligated prior to the preparation and submission of a
report by the Secretary of Labor to the Committees on Appropriations of
the House of Representatives and the Senate detailing the planned uses
of such funds.
[[Page 123 STAT. 762]]
Sec. 106. There is authorized to be appropriated such sums as may be
necessary to the Denali Commission through the Department of Labor to
conduct job training of the local workforce where Denali Commission
projects will be constructed.
Sec. 107. None of the funds made available to the Department of
Labor for grants under section 414(c) of the American Competitiveness
and Workforce Improvement Act of 1998 may be used for any purpose other
than training in the occupations and industries for which employers are
using H-1B visas to hire foreign workers, and the related activities
necessary to support such training: Provided, That the preceding
limitation shall not apply to multi-year grants awarded prior to June
30, 2007.
Sec. 108. None of the funds available in this Act or available to
the Secretary of Labor from other sources for Community-Based Job
Training grants and grants authorized under section 414(c) of the
American Competitiveness and Workforce Improvement Act of 1998 shall be
obligated for a grant awarded on a non-competitive basis.
Sec. 109. The Secretary of Labor shall take no action to amend,
through regulatory or administration action, the definition established
in section 667.220 of title 20 of the Code of Federal Regulations for
functions and activities under title I of the Workforce Investment Act
of 1998, or to modify, through regulatory or administrative action, the
procedure for redesignation of local areas as specified in subtitle B of
title I of that Act (including applying the standards specified in
section 116(a)(3)(B) of that Act, but notwithstanding the time limits
specified in section 116(a)(3)(B) of that Act), until such time as
legislation reauthorizing the Act is enacted. Nothing in the preceding
sentence shall permit or require the Secretary to withdraw approval for
such redesignation from a State that received the approval not later
than October 12, 2005, or to revise action taken or modify the
redesignation procedure being used by the Secretary in order to complete
such redesignation for a State that initiated the process of such
redesignation by submitting any request for such redesignation not later
than October 26, 2005.
Sec. 110. None of the funds made available in this or any other Act
shall be available to finalize or implement any proposed regulation
under the Workforce Investment Act of 1998, Wagner-Peyser Act of 1933,
or the Trade Adjustment Assistance Reform Act of 2002 until such time as
legislation reauthorizing the Workforce Investment Act of 1998 and the
Trade Adjustment Assistance Reform Act of 2002 is enacted.
Sec. 111. None of the funds appropriated in this Act under the
heading ``Employment and Training Administration'' shall be used by a
recipient or subrecipient of such funds to pay the salary and bonuses of
an individual, either as direct costs or indirect costs, at a rate in
excess of Executive Level II. This limitation shall not apply to vendors
providing goods and services as defined in Office of Management and
Budget Circular A-133. Where States are recipients of such funds, States
may establish a lower limit for salaries and bonuses of those receiving
salaries and bonuses from subrecipients of such funds, taking into
account factors including the relative cost-of-living in the State, the
compensation levels for comparable State or local government employees,
and the size of the organizations that administer Federal programs
[[Page 123 STAT. 763]]
involved including Employment and Training Administration programs.
This title may be cited as the ``Department of Labor Appropriations
Act, 2009''.
TITLE II <<NOTE: Department of Health and Human Services Appropriations
Act, 2009.>>
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
Health Resources and Services
For carrying out titles II, III, IV, VII, VIII, X, XI, XII, XIX, and
XXVI of the Public Health Service Act (``PHS Act''), section 427(a) of
the Federal Coal Mine Health and Safety Act, title V and sections 711,
1128E, and 1820 of the Social Security Act, the Health Care Quality
Improvement Act of 1986, the Native Hawaiian Health Care Act of 1988,
the Cardiac Arrest Survival Act of 2000, section 712 of the American
Jobs Creation Act of 2004, and the Stem Cell Therapeutic and Research
Act of 2005, $7,234,436,000, of which $39,200,000 from general revenues,
notwithstanding section 1820(j) of the Social Security Act, shall be
available for carrying out the Medicare rural hospital flexibility
grants program under such section: Provided, That of the funds made
available under this heading, $129,000 shall be available until expended
for facilities renovations at the Gillis W. Long Hansen's Disease
Center: Provided further, That $56,000,000 of the funding provided for
community health centers shall be for base grant adjustments for
existing health centers: Provided further, That in addition to fees
authorized by section 427(b) of the Health Care Quality Improvement Act
of 1986, fees shall be collected for the full disclosure of information
under the Act sufficient to recover the full costs of operating the
National Practitioner Data Bank, and shall remain available until
expended to carry out that Act: Provided further, That fees collected
for the full disclosure of information under the ``Health Care Fraud and
Abuse Data Collection Program'', authorized by section 1128E(d)(2) of
the Social Security Act, shall be sufficient to recover the full costs
of operating the program, and shall remain available until expended to
carry out that Act: Provided further, That no more than $40,000 is
available until expended for carrying out the provisions of section
224(o) of the PHS Act including associated administrative expenses and
relevant evaluations: Provided further, That no more than $44,055,000 is
available until expended for carrying out the provisions of Public Law
104-73 and for expenses incurred by the Department of Health and Human
Services pertaining to administrative claims made under such law:
Provided further, That of the funds made available under this heading,
$307,491,000 shall be for the program under title X of the PHS Act to
provide for voluntary family planning
projects: <<NOTE: Abortions. Political activities.>> Provided further,
That amounts provided to said projects under such title shall not be
expended for abortions, that all pregnancy counseling shall be
nondirective, and that such amounts shall not be expended for any
activity (including the publication or distribution of literature) that
in any way tends to promote public support or opposition to any
legislative proposal or candidate for public office: Provided further,
That of the funds available under this heading, $1,886,873,000 shall
remain available
[[Page 123 STAT. 764]]
to the Secretary of Health and Human Services through September 30,
2011, for parts A and B of title XXVI of the PHS
Act: <<NOTE: Deadline. Grants. Urban and rural areas.>> Provided
further, That within the amounts provided for part A of title XXVI of
the PHS Act, $10,853,000 is available to the Secretary of Health and
Human Services through September 30, 2011, and shall be available to
qualifying jurisdictions, within 30 days of enactment, for increasing
supplemental grants for fiscal year 2009 to metropolitan areas that
received grant funding in fiscal year 2008 under subpart I of part A of
title XXVI of the PHS Act to ensure that an area's total funding under
subpart I of part A for fiscal year 2008, together with the amount of
this additional funding, is not less than 93.7 percent of the amount of
such area's total funding under part A for fiscal year 2006, and to
transitional areas that received grant funding in fiscal year 2008 under
subpart II of part A of title XXVI of the PHS Act to ensure that an
area's total funding under subpart II of part A for fiscal year 2008,
together with the amount of this additional funding, is not less than
88.7 percent of the amount of such area's total funding under part A for
fiscal year 2006: Provided further, That notwithstanding section
2603(c)(1) of the PHS Act, the additional funding to areas under the
immediately preceding proviso, which may be used for costs incurred
during fiscal year 2008, shall be available to the area for obligation
from the date of the award through the end of the grant year for the
award: Provided further, That $815,000,000 shall be for State AIDS Drug
Assistance Programs authorized by section 2616 of the PHS Act: Provided
further, That in addition to amounts provided herein, $25,000,000 shall
be available from amounts available under section 241 of the PHS Act to
carry out parts A, B, C, and D of title XXVI of the PHS Act to fund
section 2691 Special Projects of National Significance: Provided
further, That notwithstanding section 502(a)(1) and 502(b)(1) of the
Social Security Act, not to exceed $92,551,000 is available for carrying
out special projects of regional and national significance pursuant to
section 501(a)(2) of such Act and $10,400,000 is available for projects
described in paragraphs (A) through (F) of section 501(a)(3) of such
Act: Provided further, That notwithstanding section 747(e)(2) of the PHS
Act, not less than $5,000,000 shall be for general dentistry programs,
not less than $5,000,000 shall be for pediatric dentistry programs
including faculty loan repayment, and not less than $29,025,000 shall be
for family medicine programs: Provided further, That of the funds
provided, $19,642,000 shall be provided to the Denali Commission as a
direct lump payment pursuant to Public Law 106-113: Provided further,
That of the funds provided, $26,000,000 shall be provided for the Delta
Health Initiative as authorized in section 219 of division G of Public
Law 110-161 and associated administrative expenses: Provided further,
That funds provided under section 846 and subpart 3 of part D of title
III of the PHS Act may be used to make prior year adjustments to awards
made under these sections: Provided further, That of the amount
appropriated in this paragraph, $310,470,000 shall be used for the
projects financing the construction and renovation (including equipment)
of health care and other facilities and for other health-related
activities, and in the amounts, specified under the heading ``Health
Resources and Services'' in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act),
and of which up to one percent of
[[Page 123 STAT. 765]]
the amount for each project may be used for related agency
administrative expenses: Provided further, That notwithstanding section
338J(k) of the PHS Act, $9,201,000 is available for State Offices of
Rural Health: Provided further, That of the funds provided, $15,000,000
is available for the Small Rural Hospital Improvement Grant Program for
quality improvement and adoption of health information technology.
Health Education Assistance Loans Program Account
Such sums as may be necessary to carry out the purpose of the
program, as authorized by title VII of the Public Health Service Act
(``PHS Act''). For administrative expenses to carry out the guaranteed
loan program, including section 709 of the PHS Act, $2,847,000.
Vaccine Injury Compensation Program Trust Fund
For payments from the Vaccine Injury Compensation Program Trust Fund
(``Trust Fund''), such sums as may be necessary for claims associated
with vaccine-related injury or death with respect to vaccines
administered after September 30, 1988, pursuant to subtitle 2 of title
XXI of the Public Health Service Act, to remain available until
expended: Provided, That for necessary administrative expenses, not to
exceed $5,404,000 shall be available from the Trust Fund to the
Secretary of Health and Human Services.
Centers for Disease Control and Prevention
disease control, research, and training
To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and XXVI
of the Public Health Service Act (``PHS Act''), sections 101, 102, 103,
201, 202, 203, 301, 501, and 514 of the Federal Mine Safety and Health
Act of 1977, section 13 of the Mine Improvement and New Emergency
Response Act of 2006, sections 20, 21, and 22 of the Occupational Safety
and Health Act of 1970, title IV of the Immigration and Nationality Act,
section 501 of the Refugee Education Assistance Act of 1980, and for
expenses necessary to support activities related to countering potential
biological, nuclear, radiological, and chemical threats to civilian
populations; including purchase and insurance of official motor vehicles
in foreign countries; and purchase, hire, maintenance, and operation of
aircraft, $6,283,350,000, of which $151,500,000 shall remain available
until expended for acquisition of real property, equipment, construction
and renovation of facilities; of which $570,307,000 shall remain
available until expended for the Strategic National Stockpile under
section 319F-2 of the PHS Act; of which $21,997,000 shall be used for
the projects, and in the amounts, specified under the heading ``Disease
Control, Research, and Training'' in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act); of which $118,863,000 for international HIV/AIDS shall remain
available through September 30, 2010; and of which $70,000,000 shall be
available until expended to provide screening and treatment for first
response emergency services personnel, residents, students, and others
related to the September 11, 2001 terrorist attacks on the World Trade
Center: Provided, That in addition, such sums as may be derived from
[[Page 123 STAT. 766]]
authorized user fees, which shall be credited to this account: Provided
further, That in addition to amounts provided herein, the following
amounts shall be available from amounts available under section 241 of
the PHS Act: (1) $12,794,000 to carry out the National Immunization
Surveys; (2) $124,701,000 to carry out the National Center for Health
Statistics surveys; (3) $24,751,000 to carry out information systems
standards development and architecture and applications-based research
used at local public health levels; (4) $46,780,000 for Health
Marketing; (5) $31,000,000 to carry out Public Health Research; and (6)
$91,225,000 to carry out research activities within the National
Occupational Research Agenda: <<NOTE: Gun control.>> Provided further,
That none of the funds made available for injury prevention and control
at the Centers for Disease Control and Prevention may be used, in whole
or in part, to advocate or promote gun control: Provided further, That
of the funds made available under this heading, up to $1,000 per
eligible employee of the Centers for Disease Control and Prevention
shall be made available until expended for Individual Learning Accounts:
Provided further, That the Director may redirect the total amount made
available under authority of Public Law 101-502, section 3, dated
November 3, 1990, to activities the Director may so
designate: <<NOTE: Notification.>> Provided further, That the
Committees on Appropriations of the House of Representatives and the
Senate are to be notified promptly of any such redirection: Provided
further, That not to exceed $19,528,000 may be available for making
grants under section 1509 of the PHS Act to not less than 21 States,
tribes, or tribal organizations: <<NOTE: Contracts.>> Provided further,
That notwithstanding any other provision of law, the Centers for Disease
Control and Prevention shall award a single contract or related
contracts for development and construction of the next building or
facility designated in the Buildings and Facilities Master Plan that
collectively include the full scope of the project: Provided further,
That the solicitation and contract shall contain the clause
``availability of funds'' found at 48 CFR 52.232-18: Provided further,
That of the funds appropriated, $10,000 shall be for official reception
and representation expenses when specifically approved by the Director
of the Centers for Disease Control and Prevention: Provided further,
That employees of the Centers for Disease Control and Prevention or the
Public Health Service, both civilian and Commissioned Officers, detailed
to States, municipalities, or other organizations under authority of
section 214 of the PHS Act, or in overseas assignments, shall be treated
as non-Federal employees for reporting purposes only and shall not be
included within any personnel ceiling applicable to the Agency, Service,
or the Department of Health and Human Services during the period of
detail or assignment: Provided further, That out of funds made available
under this heading for domestic HIV/AIDS testing, up to $15,000,000
shall be for States newly eligible in fiscal year 2009 under section
2625 of the PHS Act as of December 31, 2008 and shall be distributed by
May 31, 2009 based on standard criteria relating to a State's
epidemiological profile, and of which not more than $1,000,000 may be
made available to any one State, and amounts that have not been
obligated by May 31, 2009 shall be made available to States and local
public health departments for HIV testing
activities: <<NOTE: Certification. Plans. Deadline.>> Provided further,
That none of the funds made available in this Act to carry out part A of
title XIX of the PHS Act may be used to provide more than 75 percent of
any State's allotment under section 1902 of the PHS Act until
[[Page 123 STAT. 767]]
such State certifies that it will submit a plan to the Secretary of
Health and Human Services, not later than January 1, 2010, to reduce
healthcare-associated infections: Provided further, That each such State
plan shall be consistent with the Department of Health and Human
Services' national action plan for reducing healthcare-associated
infections and include measurable 5-year goals and interim milestones
for reducing such infections: <<NOTE: Review. Reports. Deadline.>>
Provided further, That the Secretary shall conduct a review of the State
plans submitted pursuant to the preceding proviso and report to the
Committees on Appropriations of the House of Representatives and the
Senate not later than June 1, 2010, regarding the adequacy of such plans
for achieving State and national goals for reducing healthcare-
associated infections: Provided further, That for purposes of the two
preceding provisos, the term ``State'' means each of the several States,
the District of Columbia, and the Commonwealth of Puerto Rico.
In addition, for necessary expenses to administer the Energy
Employees Occupational Illness Compensation Program Act, $55,358,000, to
remain available until expended, of which $4,500,000 shall be for use by
or in support of the Advisory Board on Radiation and Worker Health
(``the Board'') to carry out its statutory responsibilities, including
obtaining audits, technical assistance, and other support from the
Board's audit contractor with regard to radiation dose estimation and
reconstruction efforts, site profiles, procedures, and review of Special
Exposure Cohort petitions and evaluation reports: Provided, That this
amount shall be available consistent with the provision regarding
administrative expenses in section 151(b) of division B, title I of
Public Law 106-554.
National Institutes of Health
National Cancer Institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to cancer, $4,968,973,000, of which up to
$8,000,000 may be used for facilities repairs and improvements at the
National Cancer Institute-Frederick Federally Funded Research and
Development Center in Frederick, Maryland.
National Heart, Lung, and Blood Institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to cardiovascular, lung, and blood diseases,
and blood and blood products, $3,015,689,000.
National Institute of Dental and Craniofacial Research
For carrying out section 301 and title IV of the Public Health
Service Act with respect to dental disease, $402,652,000.
National Institute of Diabetes and Digestive and Kidney Diseases
For carrying out section 301 and title IV of the Public Health
Service Act with respect to diabetes and digestive and kidney disease,
$1,761,338,000.
[[Page 123 STAT. 768]]
National Institute of Neurological Disorders and Stroke
For carrying out section 301 and title IV of the Public Health
Service Act with respect to neurological disorders and stroke,
$1,593,344,000.
National Institute of Allergy and Infectious Diseases
(including transfer of funds)
For carrying out section 301 and title IV of the Public Health
Service Act with respect to allergy and infectious diseases,
$4,702,572,000: Provided, That $300,000,000 may be made available to
International Assistance Programs ``Global Fund to Fight HIV/AIDS,
Malaria, and Tuberculosis'', to remain available until expended.
National Institute of General Medical Sciences
For carrying out section 301 and title IV of the Public Health
Service Act with respect to general medical sciences, $1,997,801,000.
Eunice Kennedy Shriver National Institute of Child Health and Human
Development
For carrying out section 301 and title IV of the Public Health
Service Act with respect to child health and human development,
$1,294,894,000.
National Eye Institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to eye diseases and visual disorders,
$688,480,000.
National Institute of Environmental Health Sciences
For carrying out section 301 and title IV of the Public Health
Service Act with respect to environmental health sciences, $662,820,000.
National Institute on Aging
For carrying out section 301 and title IV of the Public Health
Service Act with respect to aging, $1,080,796,000.
National Institute of Arthritis and Musculoskeletal and Skin Diseases
For carrying out section 301 and title IV of the Public Health
Service Act with respect to arthritis and musculoskeletal and skin
diseases, $524,872,000.
National Institute on Deafness and Other Communication Disorders
For carrying out section 301 and title IV of the Public Health
Service Act with respect to deafness and other communication disorders,
$407,259,000.
[[Page 123 STAT. 769]]
National Institute of Nursing Research
For carrying out section 301 and title IV of the Public Health
Service Act with respect to nursing research, $141,879,000.
National Institute on Alcohol Abuse and Alcoholism
For carrying out section 301 and title IV of the Public Health
Service Act with respect to alcohol abuse and alcoholism, $450,230,000.
National Institute on Drug Abuse
For carrying out section 301 and title IV of the Public Health
Service Act with respect to drug abuse, $1,032,759,000.
National Institute of Mental Health
For carrying out section 301 and title IV of the Public Health
Service Act with respect to mental health, $1,450,491,000.
National Human Genome Research Institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to human genome research, $502,367,000.
National Institute of Biomedical Imaging and Bioengineering
For carrying out section 301 and title IV of the Public Health
Service Act with respect to biomedical imaging and bioengineering
research, $308,208,000.
National Center for Research Resources
For carrying out section 301 and title IV of the Public Health
Service Act with respect to research resources and general research
support grants, $1,226,263,000.
National Center for Complementary and Alternative Medicine
For carrying out section 301 and title IV of the Public Health
Service Act with respect to complementary and alternative medicine,
$125,471,000.
National Center on Minority Health and Health Disparities
For carrying out section 301 and title IV of the Public Health
Service Act with respect to minority health and health disparities
research, $205,959,000.
John E. Fogarty International Center
For carrying out the activities of the John E. Fogarty International
Center (described in subpart 2 of part E of title IV of the Public
Health Service Act), $68,691,000.
National Library of Medicine
For carrying out section 301 and title IV of the Public Health
Service Act (``PHS Act'') with respect to health information
communications, $330,771,000, of which $4,000,000 shall be available
until
[[Page 123 STAT. 770]]
expended for improvement of information systems: Provided, That in
fiscal year 2009, the National Library of Medicine may enter into
personal services contracts for the provision of services in facilities
owned, operated, or constructed under the jurisdiction of the National
Institutes of Health: Provided further, That in addition to amounts
provided herein, $8,200,000 shall be available from amounts available
under section 241 of the PHS Act to carry out the purposes of the
National Information Center on Health Services Research and Health Care
Technology established under section 478A of the PHS Act and related
health services.
Office of the Director
For carrying out the responsibilities of the Office of the Director,
National Institutes of Health (``NIH''), $1,246,864,000, of which up to
$25,000,000 shall be used to carry out section 214 of this Act:
Provided, That funding shall be available for the purchase of not to
exceed 29 passenger motor vehicles for replacement only: Provided
further, That the NIH is authorized to collect third party payments for
the cost of clinical services that are incurred in NIH research
facilities and that such payments shall be credited to the NIH
Management Fund: Provided further, That all funds credited to such Fund
shall remain available for one fiscal year after the fiscal year in
which they are deposited: Provided further, That up to $192,300,000
shall be available for continuation of the National Children's Study:
Provided further, That $541,133,000 shall be available for the Common
Fund established under section 402A(c)(1) of the Public Health Service
Act (``PHS Act''): Provided further, That of the funds provided $10,000
shall be for official reception and representation expenses when
specifically approved by the Director of the NIH: Provided further, That
the Office of AIDS Research within the Office of the Director of the NIH
may spend up to $8,000,000 to make grants for construction or renovation
of facilities as provided for in section 2354(a)(5)(B) of the PHS Act.
Buildings and Facilities
For the study of, construction of, renovation of, and acquisition of
equipment for, facilities of or used by the National Institutes of
Health, including the acquisition of real property, $125,581,000, to
remain available until expended.
Substance Abuse and Mental Health Services Administration
substance abuse and mental health services
For carrying out titles III, V, and XIX of the Public Health Service
Act (``PHS Act'') with respect to substance abuse and mental health
services and the Protection and Advocacy for Individuals with Mental
Illness Act, $3,334,906,000, of which $15,666,000 shall be used for the
projects, and in the amounts, specified under the heading ``Substance
Abuse and Mental Health Services'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That notwithstanding section 520A(f)(2) of
the PHS Act, no funds appropriated for carrying out section 520A are
available for carrying out section 1971 of the PHS Act: Provided
further, That $2,000,000 shall be
[[Page 123 STAT. 771]]
available to establish State-administered controlled substance
monitoring systems as authorized by Public Law 109-60: Provided further,
That $772,000 shall be for reimbursing the General Services
Administration for environmental testing and remediation on the
federally owned facilities at St. Elizabeths Hospital, including but not
limited to testing and remediation conducted prior to fiscal year 2009:
Provided further, That in addition to amounts provided herein, the
following amounts shall be available under section 241 of the PHS Act:
(1) $79,200,000 to carry out subpart II of part B of title XIX of the
PHS Act to fund section 1935(b) technical assistance, national data,
data collection and evaluation activities, and further that the total
available under this Act for section 1935(b) activities shall not exceed
5 percent of the amounts appropriated for subpart II of part B of title
XIX; (2) $21,039,000 to carry out subpart I of part B of title XIX of
the PHS Act to fund section 1920(b) technical assistance, national data,
data collection and evaluation activities, and further that the total
available under this Act for section 1920(b) activities shall not exceed
5 percent of the amounts appropriated for subpart I of part B of title
XIX; (3) $22,750,000 to carry out national surveys on drug abuse and
mental health; and (4) $8,596,000 to collect and analyze data and
evaluate substance abuse treatment programs: Provided further, That
section 520E(b)(2) of the PHS Act shall not apply to funds appropriated
under this Act for fiscal year 2009.
Agency for Healthcare Research and Quality
Healthcare Research and Quality
For carrying out titles III and IX of the Public Health Service Act
(``PHS Act''), part A of title XI of the Social Security Act, and
section 1013 of the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003, amounts received from Freedom of Information
Act fees, reimbursable and interagency agreements, and the sale of data
shall be credited to this appropriation and shall remain available until
expended: Provided, That the amount made available pursuant to section
937(c) of the PHS Act shall not exceed $372,053,000.
Centers for Medicare and Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI and XIX of
the Social Security Act, $149,335,031,000, to remain available until
expended.
For making, after May 31, 2009, payments to States under title XIX
of the Social Security Act for the last quarter of fiscal year 2009 for
unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.
For making payments to States or in the case of section 1928 on
behalf of States under title XIX of the Social Security Act for the
first quarter of fiscal year 2010, $71,700,038,000, to remain available
until expended.
Payment under title XIX may be made for any quarter with respect to
a State plan or plan amendment in effect during such quarter, if
submitted in or prior to such quarter and approved in that or any
subsequent quarter.
[[Page 123 STAT. 772]]
payments to health care trust funds
For payment to the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund, as provided under
sections 217(g), 1844, and 1860D-16 of the Social Security Act, sections
103(c) and 111(d) of the Social Security Amendments of 1965, section
278(d) of Public Law 97-248, and for administrative expenses incurred
pursuant to section 201(g) of the Social Security Act, $195,383,000,000.
In addition, for making matching payments under section 1844, and
benefit payments under section 1860D-16 of the Social Security Act, not
anticipated in budget estimates, such sums as may be necessary.
program management
For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
Public Health Service Act (``PHS Act''), and the Clinical Laboratory
Improvement Amendments of 1988, not to exceed $3,305,386,000, to be
transferred from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund, as authorized by
section 201(g) of the Social Security Act; together with all funds
collected in accordance with section 353 of the PHS Act and section
1857(e)(2) of the Social Security Act, funds retained by the Secretary
of Health and Human Services pursuant to section 302 of the Tax Relief
and Health Care Act of 2006; and such sums as may be collected from
authorized user fees and the sale of data, which shall be credited to
this account and remain available until expended: Provided, That all
funds derived in accordance with 31 U.S.C. 9701 from organizations
established under title XIII of the PHS Act shall be credited to and
available for carrying out the purposes of this appropriation: Provided
further, That $35,700,000, to remain available through September 30,
2010, shall be for contract costs for the Healthcare Integrated General
Ledger Accounting System: Provided further, That $108,900,000, to remain
available through September 30, 2010, shall be for the Centers for
Medicare and Medicaid Services (``CMS'') Medicare contracting reform
activities: Provided further, That funds appropriated under this heading
shall be available for the Healthy Start, Grow Smart program under which
the CMS may, directly or through grants, contracts, or cooperative
agreements, produce and distribute informational materials including,
but not limited to, pamphlets and brochures on infant and toddler health
care to expectant parents enrolled in the Medicaid program and to
parents and guardians enrolled in such program with infants and
children: <<NOTE: Fees.>> Provided further, That the Secretary is
directed to collect fees in fiscal year 2009 from Medicare Advantage
organizations pursuant to section 1857(e)(2) of the Social Security Act
and from eligible organizations with risk-sharing contracts under
section 1876 of that Act pursuant to section 1876(k)(4)(D) of that Act:
Provided further, That $4,542,000 shall be used for the projects, and in
the amounts, specified under the heading ``Program Management'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That $75,000,000
is available for the State high risk health insurance pool program as
authorized by the State High Risk Pool Funding Extension Act of 2006.
[[Page 123 STAT. 773]]
Health Care Fraud and Abuse Control Account
In addition to amounts otherwise available for program integrity and
program management, $198,000,000, to be transferred from the Federal
Hospital Insurance Trust Fund and the Federal Supplementary Medical
Insurance Trust Fund, as authorized by section 201(g) of the Social
Security Act, of which $147,038,000 shall be for the Medicare Integrity
Program at the Centers for Medicare and Medicaid Services to conduct
oversight of activities for Medicare Advantage and the Medicare
Prescription Drug Program authorized in title XVIII of the Social
Security Act, including activities listed in section 1893(b) of such
Act; of which $18,967,000 shall be for the Department of Health and
Human Services Office of Inspector General; of which $13,028,000 shall
be for the Medicaid and State Children's Health Insurance Program
(``SCHIP'') program integrity activities; and of which $18,967,000 shall
be for the Department of Justice: <<NOTE: Reports.>> Provided, That the
report required by section 1817(k)(5) of the Social Security Act for
fiscal year 2009 shall include measures of the operational efficiency
and impact on fraud, waste, and abuse in the Medicare, Medicaid, and
SCHIP programs for the funds provided by this appropriation.
Administration for Children and Families
Payments to States for Child Support Enforcement and Family Support
Programs
For making payments to States or other non-Federal entities under
titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the
Act of July 5, 1960, $2,759,078,000, to remain available until expended;
and for such purposes for the first quarter of fiscal year 2010,
$1,000,000,000, to remain available until expended.
For making payments to each State for carrying out the program of
Aid to Families with Dependent Children under title IV-A of the Social
Security Act before the effective date of the program of Temporary
Assistance for Needy Families with respect to such State, such sums as
may be necessary: Provided, That the sum of the amounts available to a
State with respect to expenditures under such title IV-A in fiscal year
1997 under this appropriation and under such title IV-A as amended by
the Personal Responsibility and Work Opportunity Reconciliation Act of
1996 shall not exceed the limitations under section 116(b) of such Act.
For making, after May 31 of the current fiscal year, payments to
States or other non-Federal entities under titles I, IV-D, X, XI, XIV,
and XVI of the Social Security Act and the Act of July 5, 1960, for the
last 3 months of the current fiscal year for unanticipated costs,
incurred for the current fiscal year, such sums as may be necessary.
Refugee and Entrant Assistance
For necessary expenses for refugee and entrant assistance activities
authorized by section 414 of the Immigration and Nationality Act and
section 501 of the Refugee Education Assistance Act of 1980, for
carrying out section 462 of the Homeland Security Act of 2002, for costs
associated with the care and placement of unaccompanied alien children,
and for carrying out the Torture Victims Relief Act of 1998,
$633,442,000, of which up to $9,814,000
[[Page 123 STAT. 774]]
shall be available to carry out the Trafficking Victims Protection Act
of 2000: Provided, That funds appropriated under this heading pursuant
to section 414(a) of the Immigration and Nationality Act and section 462
of the Homeland Security Act of 2002 for fiscal year 2009 shall be
available for the costs of assistance provided and other activities to
remain available through September 30, 2011.
Payments to States for the Child Care and Development Block Grant
For carrying out the Child Care and Development Block Grant Act of
1990, $2,127,081,000 shall be used to supplement, not supplant State
general revenue funds for child care assistance for low-income families:
Provided, That $18,960,000 shall be available for child care resource
and referral and school-aged child care activities, of which $1,000,000
shall be for the Child Care Aware toll-free hotline: Provided further,
That, in addition to the amounts required to be reserved by the States
under section 658G, $271,401,000 shall be reserved by the States for
activities authorized under section 658G, of which $99,534,000 shall be
for activities that improve the quality of infant and toddler care:
Provided further, That $9,910,000 shall be for use by the Secretary of
Health and Human Services for child care research, demonstration, and
evaluation activities.
Social Services Block Grant
For making grants to States pursuant to section 2002 of the Social
Security Act, $1,700,000,000: Provided, That notwithstanding
subparagraph (B) of section 404(d)(2) of such Act, the applicable
percent specified under such subparagraph for a State to carry out State
programs pursuant to title XX of such Act shall be 10 percent.
children and families services programs
For carrying out, except as otherwise provided, the Runaway and
Homeless Youth Act, the Developmental Disabilities Assistance and Bill
of Rights Act, the Head Start Act, the Child Abuse Prevention and
Treatment Act, sections 310 and 316 of the Family Violence Prevention
and Services Act, the Native American Programs Act of 1974, title II of
the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978
(adoption opportunities), sections 330F and 330G of the Public Health
Service Act (``PHS Act''), the Abandoned Infants Assistance Act of 1988,
sections 261 and 291 of the Help America Vote Act of 2002, part B-1 of
title IV and sections 413, 1110, and 1115 of the Social Security Act;
for making payments under the Community Services Block Grant Act (``CSBG
Act''), sections 439(i), 473B, and 477(i) of the Social Security Act,
and the Assets for Independence Act; and for necessary administrative
expenses to carry out such Acts and titles I, IV, V, X, XI, XIV, XVI,
and XX of the Social Security Act, the Act of July 5, 1960, the Low-
Income Home Energy Assistance Act of 1981, title IV of the Immigration
and Nationality Act, section 501 of the Refugee Education Assistance Act
of 1980, and section 505 of the Family Support Act of 1988,
$9,301,111,000, of which $36,500,000, to remain available through
September 30, 2010, shall
[[Page 123 STAT. 775]]
be for grants to States for adoption incentive payments, as authorized
by section 473A of the Social Security Act and may be made for adoptions
completed before September 30, 2009: <<NOTE: Adoption incentives.>>
Provided, That without regard to the fiscal year limitations set forth
in section 473A of the Social Security Act, from the amounts
appropriated herein, the Secretary shall pay adoption incentives for
fiscal year 2008 in the same manner as such incentives were awarded in
fiscal year 2008 for the previous fiscal year: Provided further, That
$7,112,786,000 shall be for making payments under the Head Start Act, of
which $2,000,000, to remain available through September 30, 2010, shall
be designated to fund section 657B: Provided further, That $746,000,000
shall be for making payments under the CSBG Act: Provided further, That
not less than $10,000,000 shall be for section 680(3)(B) of the CSBG
Act: Provided further, That in addition to amounts provided herein,
$5,762,000 shall be available from amounts available under section 241
of the PHS Act to carry out the provisions of section 1110 of the Social
Security Act: Provided further, That to the extent Community Services
Block Grant funds are distributed as grant funds by a State to an
eligible entity as provided under the CSBG Act, and have not been
expended by such entity, they shall remain with such entity for
carryover into the next fiscal year for expenditure by such entity
consistent with program purposes: Provided further,
That <<NOTE: Procedures. 42 USC 9921 note.>> the Secretary of Health
and Human Services shall establish procedures regarding the disposition
of intangible assets and program income that permit such assets acquired
with, and program income derived from, grant funds authorized under
section 680 of the CSBG Act to become the sole property of such grantees
after a period of not more than 12 years after the end of the grant
period for any activity consistent with section 680(a)(2)(A) of the CSBG
Act: Provided further, That intangible assets in the form of loans,
equity investments and other debt instruments, and program income may be
used by grantees for any eligible purpose consistent with section
680(a)(2)(A) of the CSBG Act: Provided further,
That <<NOTE: Applicability.>> these procedures shall apply to such
grant funds made available after November 29, 1999: Provided further,
That funds appropriated for section 680(a)(2) of the CSBG Act shall be
available for financing construction and rehabilitation and loans or
investments in private business enterprises owned by community
development corporations: Provided further, That $47,688,000 shall be
for a compassion capital fund to provide grants to charitable
organizations to emulate model social service programs and to encourage
research on the best practices of social service organizations: Provided
further, That $17,410,000 shall be for activities authorized by the Help
America Vote Act of 2002, of which $12,154,000 shall be for payments to
States to promote access for voters with disabilities, and of which
$5,256,000 shall be for payments to States for protection and advocacy
systems for voters with disabilities: <<NOTE: Abstinence education.>>
Provided further, That $94,659,000 shall be for making competitive
grants to provide abstinence education (as defined by section 510(b)(2)
of the Social Security Act) to adolescents, and for Federal costs of
administering the grants: Provided further, That grants under the
immediately preceding proviso shall be made only to public and private
entities which agree that, with respect to an adolescent to whom the
entities provide abstinence education under such grants, the entities
will not provide to that adolescent any other education regarding sexual
conduct, except that, in the case of an entity expressly required
[[Page 123 STAT. 776]]
by law to provide health information or services the adolescent shall
not be precluded from seeking health information or services from the
entity in a different setting than the setting in which abstinence
education was provided: Provided further, That information provided
through such competitive grants for abstinence education shall be
scientifically accurate and shall comply with section 317P(c)(2) of the
PHS Act: Provided further, That within amounts provided herein for
abstinence education for adolescents, up to $10,000,000 may be available
for a national abstinence education campaign: Provided further, That in
addition to amounts provided herein for abstinence education for
adolescents, $4,455,000 shall be available from amounts available under
section 241 of the PHS Act to carry out evaluations (including
longitudinal evaluations) of adolescent pregnancy prevention approaches:
Provided further, That up to $2,000,000 shall be for improving the
Public Assistance Reporting Information System, including grants to
States to support data collection for a study of the system's
effectiveness: Provided further, That $16,910,000 shall be used for the
projects, and in the amounts, specified under the heading ``Children and
Families Services Programs'' in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act).
promoting safe and stable families
For carrying out section 436 of the Social Security Act,
$345,000,000 and section 437 of such Act, $63,311,000.
Payments to States for Foster Care and Adoption Assistance
For making payments to States or other non-Federal entities under
title IV-E of the Social Security Act, $5,050,000,000.
For making payments to States or other non-Federal entities under
title IV-E of the Social Security Act, for the first quarter of fiscal
year 2010, $1,800,000,000.
For making, after May 31 of the current fiscal year, payments to
States or other non-Federal entities under section 474 of title IV-E of
the Social Security Act, for the last 3 months of the current fiscal
year for unanticipated costs, incurred for the current fiscal year, such
sums as may be necessary.
Administration on Aging
Aging Services Programs
For carrying out, to the extent not otherwise provided, the Older
Americans Act of 1965, section 398 of the Public Health Service Act, and
section 119 of the Medicare Improvements for Patients and Providers Act
of 2008, $1,491,343,000, of which $5,500,000 shall be available for
activities regarding medication management, screening, and education to
prevent incorrect medication and adverse drug reactions: Provided, That
$5,123,000 shall be used for the projects, and in the amounts, specified
under the heading ``Aging Services Programs'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).
[[Page 123 STAT. 777]]
Office of the Secretary
general departmental management
(including transfer of funds)
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six sedans, and for carrying
out titles III, XVII, XX, XXI, and XXIX of the Public Health Service Act
(``PHS Act''), the United States-Mexico Border Health Commission Act,
and research studies under section 1110 of the Social Security Act,
$389,925,000, together with $5,851,000 to be transferred and expended as
authorized by section 201(g)(1) of the Social Security Act from the
Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund, and $46,756,000 from the amounts available
under section 241 of the PHS Act to carry out national health or human
services research and evaluation activities: <<NOTE: Deadline.>>
Provided, That of this amount, $51,891,000 shall be for minority AIDS
prevention and treatment activities; $5,789,000 shall be to assist
Afghanistan in the development of maternal and child health clinics,
consistent with section 103(a)(4)(H) of the Afghanistan Freedom Support
Act of 2002; and $1,000,000 shall be transferred, not later than 30 days
after enactment of this Act, to the National Institute of Mental Health
to administer the Interagency Autism Coordinating Committee: Provided
further, That of the funds made available under this heading for
carrying out title XX of the PHS Act, $13,120,000 shall be for
activities specified under section 2003(b)(2), all of which shall be for
prevention service demonstration grants under section 510(b)(2) of title
V of the Social Security Act without application of the limitation of
section 2010(c) of such title XX: <<NOTE: Embryo adoption.>> Provided
further, That funds provided in this Act for embryo adoption activities
may be used to provide, to individuals adopting embryos, through grants
and other mechanisms, medical and administrative services deemed
necessary for such adoptions: Provided further, That such services shall
be provided consistent with 42 CFR 59.5(a)(4): Provided further, That
$2,854,000 shall be used for the projects, and in the amounts, specified
under the heading ``General Departmental Management'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That specific information
requests from the chairmen and ranking members of the Subcommittees on
Labor, Health and Human Services, and Education, and Related Agencies,
on scientific research or any other matter, shall be transmitted to the
Committees on Appropriations of the House of Representatives and the
Senate (``Committees on Appropriations'') in a prompt, professional
manner and within the time frame specified in the
request: <<NOTE: Scientific information.>> Provided further, That
scientific information, including such information provided in
congressional testimony, requested by the Committees on Appropriations
and prepared by government researchers and scientists shall be
transmitted to the Committees on Appropriations, uncensored and without
delay.
office of medicare hearings and appeals
For expenses necessary for administrative law judges responsible for
hearing cases under title XVIII of the Social Security Act (and related
provisions of title XI of such Act), $64,604,000,
[[Page 123 STAT. 778]]
to be transferred in appropriate part from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical Insurance
Trust Fund.
office of the national coordinator for health information technology
For expenses necessary for the Office of the National Coordinator
for Health Information Technology, including grants, contracts, and
cooperative agreements for the development and advancement of
interoperable health information technology, $43,552,000: Provided, That
in addition to amounts provided herein, $17,679,000 shall be available
from amounts available under section 241 of the Public Health Service
Act.
office of inspector general
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for investigations, in
carrying out the provisions of the Inspector General Act of 1978,
$45,279,000: Provided, That of such amount, necessary sums shall be
available for providing protective services to the Secretary of Health
and Human Services and investigating non-payment of child support cases
for which non-payment is a Federal offense under 18 U.S.C. 228: Provided
further, That at least forty percent of the funds provided in this Act
for the Office of Inspector General shall be used only for
investigations, audits, and evaluations pertaining to the discretionary
programs funded in this Act.
office for civil rights
For expenses necessary for the Office for Civil Rights, $36,785,000,
together with not to exceed $3,314,000 to be transferred and expended as
authorized by section 201(g)(1) of the Social Security Act from the
Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health Service
Commissioned Officers as authorized by law, for payments under the
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan,
and for medical care of dependents and retired personnel under the
Dependents' Medical Care Act, such amounts as may be required during the
current fiscal year.
public health and social services emergency fund
(including transfer of funds)
For expenses necessary to support activities related to countering
potential biological, nuclear, radiological and chemical threats to
civilian populations, and for other public health emergencies,
$537,704,000, of which not to exceed $22,052,000 shall be to pay the
costs described in section 319F-2(c)(7)(B) of the Public Health Service
Act (``PHS Act'').
[[Page 123 STAT. 779]]
For expenses necessary to support advanced research and development
pursuant to section 319L of the PHS Act, $275,000,000, to be derived by
transfer from funds appropriated under the heading ``Biodefense
Countermeasures'' in the Department of Homeland Security Appropriations
Act, 2004, to remain available through September 30, 2010.
For expenses necessary to prepare for and respond to an influenza
pandemic, $448,091,000, together with $137,000,000 to be derived by
transfer from funds appropriated under the heading ``Biodefense
Countermeasures'' in the Department of Homeland Security Appropriations
Act, 2004, of which $507,000,000 shall be available until expended, for
activities including the development and purchase of vaccine,
antivirals, necessary medical supplies, diagnostics, and other
surveillance tools: Provided, That products purchased with these funds
may, at the discretion of the Secretary of Health and Human Services, be
deposited in the Strategic National Stockpile under section 319F-2 of
the PHS Act: Provided further, That notwithstanding section 496(b) of
the PHS Act, funds may be used for the construction or renovation of
privately owned facilities for the production of pandemic influenza
vaccines and other biologics, if the Secretary finds such construction
or renovation necessary to secure sufficient supplies of such vaccines
or biologics: Provided further, That funds appropriated herein may be
transferred to other appropriation accounts of the Department of Health
and Human Services, as determined by the Secretary to be appropriate, to
be used for the purposes specified in this paragraph.
GENERAL PROVISIONS
Sec. 201. Funds appropriated in this title shall be available for
not to exceed $50,000 for official reception and representation expenses
when specifically approved by the Secretary of Health and Human
Services.
Sec. 202. <<NOTE: Government employees. Children and youth. AIDS.>>
The Secretary of Health and Human Services shall make available through
assignment not more than 60 employees of the Public Health Service to
assist in child survival activities and to work in AIDS programs through
and with funds provided by the Agency for International Development, the
United Nations International Children's Emergency Fund or the World
Health Organization.
Sec. 203. None of the funds appropriated in this Act for the
National Institutes of Health, the Agency for Healthcare Research and
Quality, and the Substance Abuse and Mental Health Services
Administration shall be used to pay the salary of an individual, through
a grant or other extramural mechanism, at a rate in excess of Executive
Level I.
Sec. 204. <<NOTE: Reports.>> None of the funds appropriated in this
Act may be expended pursuant to section 241 of the Public Health Service
Act, except for funds specifically provided for in this Act, or for
other taps and assessments made by any office located in the Department
of Health and Human Services, prior to the preparation and submission of
a report by the Secretary of Health and Human Services to the Committees
on Appropriations of the House of Representatives and the Senate
detailing the planned uses of such funds.
Sec. 205. Notwithstanding section 241(a) of the Public Health
Service Act, such portion as the Secretary of Health and Human
[[Page 123 STAT. 780]]
Services shall determine, but not more than 2.4 percent, of any amounts
appropriated for programs authorized under such Act shall be made
available for the evaluation (directly, or by grants or contracts) of
the implementation and effectiveness of such programs.
(transfer of funds)
Sec. 206. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for the
Department of Health and Human Services in this Act may be transferred
between a program, project, or activity, but no such program, project,
or activity shall be increased by more than 3 percent by any such
transfer: Provided, That the transfer authority granted by this section
shall be available only to meet emergency needs and shall not be used to
create any new program or to fund any project or activity for which no
funds are provided in this Act: Provided further,
That <<NOTE: Notification. Deadline.>> the Committees on Appropriations
of the House of Representatives and the Senate are notified at least 15
days in advance of any transfer.
(transfer of funds)
Sec. 207. The Director of the National Institutes of Health, jointly
with the Director of the Office of AIDS Research, may transfer up to 3
percent among institutes and centers from the total amounts identified
by these two Directors as funding for research pertaining to the human
immunodeficiency virus: Provided,
That <<NOTE: Notification. Deadline.>> the Committees on Appropriations
of the House of Representatives and the Senate are notified at least 15
days in advance of any transfer.
(transfer of funds)
Sec. 208. Of the amounts made available in this Act for the National
Institutes of Health, the amount for research related to the human
immunodeficiency virus, as jointly determined by the Director of the
National Institutes of Health and the Director of the Office of AIDS
Research, shall be made available to the ``Office of AIDS Research''
account. The Director of the Office of AIDS Research shall transfer from
such account amounts necessary to carry out section 2353(d)(3) of the
Public Health Service Act.
Sec. 209. None <<NOTE: Certification.>> of the funds appropriated
in this Act may be made available to any entity under title X of the
Public Health Service Act unless the applicant for the award certifies
to the Secretary of Health and Human Services that it encourages family
participation in the decision of minors to seek family planning services
and that it provides counseling to minors on how to resist attempts to
coerce minors into engaging in sexual activities.
Sec. 210. Notwithstanding any other provision of law, no provider of
services under title X of the Public Health Service Act shall be exempt
from any State law requiring notification or the reporting of child
abuse, child molestation, sexual abuse, rape, or incest.
Sec. 211. None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out the
Medicare Advantage program if the Secretary of Health and
[[Page 123 STAT. 781]]
Human Services denies participation in such program to an otherwise
eligible entity (including a Provider Sponsored Organization) because
the entity informs the Secretary that it will not provide, pay for,
provide coverage of, or provide referrals for abortions: Provided, That
the Secretary shall make appropriate prospective adjustments to the
capitation payment to such an entity (based on an actuarially sound
estimate of the expected costs of providing the service to such entity's
enrollees): Provided further, That nothing in this section shall be
construed to change the Medicare program's coverage for such services
and a Medicare Advantage organization described in this section shall be
responsible for informing enrollees where to obtain information about
all Medicare covered services.
Sec. 212. <<NOTE: Drugs and drug
abuse. Certification. Deadline. Tobacco and tobacco products.>> (a)
Except as provided by subsection (e) none of the funds appropriated by
this Act may be used to withhold substance abuse funding from a State
pursuant to section 1926 of the Public Health Service Act if such State
certifies to the Secretary of Health and Human Services by May 1, 2009,
that the State will commit additional State funds, in accordance with
subsection (b), to ensure compliance with State laws prohibiting the
sale of tobacco products to individuals under 18 years of age.
(b) The amount of funds to be committed by a State under subsection
(a) shall be equal to 1 percent of such State's substance abuse block
grant allocation for each percentage point by which the State misses the
retailer compliance rate goal established by the Secretary under section
1926 of such Act.
(c) The State is to maintain State expenditures in fiscal year 2009
for tobacco prevention programs and for compliance activities at a level
that is not less than the level of such expenditures maintained by the
State for fiscal year 2008, and adding to that level the additional
funds for tobacco compliance activities required under subsection
(a). <<NOTE: Reports. Deadline.>> The State is to submit a report to
the Secretary on all fiscal year 2008 State expenditures and all fiscal
year 2009 obligations for tobacco prevention and compliance activities
by program activity by July 31, 2009.
(d) The Secretary shall exercise discretion in enforcing the timing
of the State obligation of the additional funds required by the
certification described in subsection (a) as late as July 31, 2009.
(e) None of the funds appropriated by this Act may be used to
withhold substance abuse funding pursuant to section 1926 of the Public
Health Service Act from a territory that receives less than $1,000,000.
Sec. 213. In order for the Department of Health and Human Services
to carry out international health activities, including HIV/AIDS and
other infectious disease, chronic and environmental disease, and other
health activities abroad during fiscal year 2009:
(1) The Secretary of Health and Human Services may exercise
authority equivalent to that available to the Secretary of State
in section 2(c) of the State Department Basic Authorities Act of
1956. The Secretary of Health and Human Services shall consult
with the Secretary of State and relevant Chief of Mission to
ensure that the authority provided in this section is exercised
in a manner consistent with section 207 of the Foreign Service
Act of 1980 and other applicable statutes administered by the
Department of State.
(2) The Secretary of Health and Human Services is authorized
to provide such funds by advance or reimbursement to
[[Page 123 STAT. 782]]
the Secretary of State as may be necessary to pay the costs of
acquisition, lease, alteration, renovation, and management of
facilities outside of the United States for the use of the
Department of Health and Human Services. The Department of State
shall cooperate fully with the Secretary of Health and Human
Services to ensure that the Department of Health and Human
Services has secure, safe, functional facilities that comply
with applicable regulation governing location, setback, and
other facilities requirements and serve the purposes established
by this Act. The Secretary of Health and Human Services is
authorized, in consultation with the Secretary of State, through
grant or cooperative agreement, to make available to public or
nonprofit private institutions or agencies in participating
foreign countries, funds to acquire, lease, alter, or renovate
facilities in those countries as necessary to conduct programs
of assistance for international health activities, including
activities relating to HIV/AIDS and other infectious diseases,
chronic and environmental diseases, and other health activities
abroad.
Sec. 214. (a) Authority.--Notwithstanding any other provision of
law, the Director of the National Institutes of Health (``Director'')
may use funds available under section 402(b)(7) or 402(b)(12) of the
Public Health Service Act (``PHS Act'') to enter into transactions
(other than contracts, cooperative agreements, or grants) to carry out
research identified pursuant to such section 402(b)(7) (pertaining to
the Common Fund) or research and activities described in such section
402(b)(12).
(b) Peer Review.--In entering into transactions under subsection
(a), the Director may utilize such peer review procedures (including
consultation with appropriate scientific experts) as the Director
determines to be appropriate to obtain assessments of scientific and
technical merit. <<NOTE: Applicability.>> Such procedures shall apply
to such transactions in lieu of the peer review and advisory council
review procedures that would otherwise be required under sections
301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the
PHS Act.
Sec. 215. Funds which are available for Individual Learning Accounts
for employees of the Centers for Disease Control and Prevention
(``CDC'') and the Agency for Toxic Substances and Disease Registry
(``ATSDR'') may be transferred to ``Disease Control, Research, and
Training'', to be available only for Individual Learning Accounts:
Provided, That such funds may be used for any individual full-time
equivalent employee while such employee is employed either by CDC or
ATSDR.
Sec. 216. <<NOTE: 42 USC 2940o note.>> Notwithstanding any other
provisions of law, funds made available in this Act may be used to
continue operating the Council on Graduate Medical Education established
by section 301 of Public Law 102-408.
Sec. 217. The <<NOTE: Electronic records. Public
information. Deadline. 42 USC 282c.>> Director of the National
Institutes of Health (``NIH'') shall require in the current fiscal year
and thereafter that all investigators funded by the NIH submit or have
submitted for them to the National Library of Medicine's PubMed Central
an electronic version of their final, peer-reviewed manuscripts upon
acceptance for publication, to be made publicly available no later than
12 months after the official date of publication: Provided, That the NIH
shall implement the public access policy in a manner consistent with
copyright law.
[[Page 123 STAT. 783]]
Sec. 218. Not to exceed $35,000,000 of funds appropriated by this
Act to the institutes and centers of the National Institutes of Health
may be used for alteration, repair, or improvement of facilities, as
necessary for the proper and efficient conduct of the activities
authorized herein, at not to exceed $2,500,000 per project.
(transfer of funds)
Sec. 219. Of the amounts made available for the National Institutes
of Health, 1 percent of the amount made available for National Research
Service Awards (``NRSA'') shall be made available to the Administrator
of the Health Resources and Services Administration to make NRSA awards
for research in primary medical care to individuals affiliated with
entities who have received grants or contracts under section 747 of the
Public Health Service Act, and 1 percent of the amount made available
for NRSA shall be made available to the Director of the Agency for
Healthcare Research and Quality to make NRSA awards for health service
research.
Sec. 220. Section 223 of division G of the Consolidated
Appropriations Act, 2008, <<NOTE: 42 USC 3514a.>> is amended in its
first proviso by striking ``for'' the first time it appears and
inserting ``in''.
Sec. 221. (a) In General.--Section 1927(c)(1)(D) of the Social
Security Act <<NOTE: 42 USC 1396r-8.>> (42 U.S.C. Sec. 1396r-
8(c)(1)(D)), as added by section 6001(d)(2) of the Deficit Reduction Act
of 2005, is amended--
(1) in clause (i)--
(A) by redesignating subclause (IV) as subclause (VI); and
(B) by inserting after subclause (III) the following:
``(IV) An entity that--
``(aa) is described in
section 501(c)(3) of the
Internal Revenue Code of 1986
and exempt from tax under
section 501(a) of such Act or is
State-owned or operated; and
``(bb) would be a covered
entity described in section
340(B)(a)(4) of the Public
Health Service Act insofar as
the entity provides the same
type of services to the same
type of populations as a covered
entity described in such section
provides, but does not receive
funding under a provision of law
referred to in such section;
``(V) A public or nonprofit entity,
or an entity based at an institution of
higher learning whose primary purpose is
to provide health care services to
students of that institution, that
provides a service or services described
under section 1001(a) of the Public
Health Service Act, 42 U.S.C. 300.''.
(2) by adding at the end the following new clause:
``(iv) Rule of Construction.--Nothing in this
subparagraph shall be construed to alter any
existing statutory or regulatory prohibition on
services with respect to an entity described in
clause (i)(IV), including the prohibition set
forth in section 1008 of the Public Health Service
Act.''.
(b) Effective Date.--The <<NOTE: 42 USC 1396r-8 note.>> amendments
made by this subsection shall take effect as if included in the
amendment made by section 6001(d)(2) of the Deficit Reduction Act of
2005.
[[Page 123 STAT. 784]]
Sec. 222. Section 202 of Public Law 102-394 <<NOTE: 42 USC 238f
note.>> is hereby amended by substituting ``4,000'' for ``2,800''.
Sec. 223. <<NOTE: Deadline. Notice. Public comment.>> Within 60
days of passage of this Act, the Secretary of the Department of Health
and Human Services shall issue an Advanced Notice of Proposed Rulemaking
to solicit public comment in advance of modifying regulations at 42 CFR
Part 50 Subpart F for the purpose of strengthening Federal oversight and
identifying enhancements of policies, including requirements for
financial disclosure to institutions, governing financial conflicts of
interest among extramural investigators receiving grant support from the
National Institutes of Health.
Sec. 224. <<NOTE: Designation. 42 USC 280g-1 note.>> Hereafter, the
activities authorized under section 399M of the Public Health Service
Act shall be known as the ``James T. Walsh Universal Newborn Hearing
Screening Program.''
(rescission of funds)
Sec. 225. Of the funds available for carrying out section 204 of the
Ticket to Work and Work Incentives Improvement Act of 1999 (Public Law
106-170), $21,500,000 are rescinded: Provided, That notwithstanding
subsection (c)(3)(B) of such section, in no case may the aggregate
amount of payments made by the Secretary of Health and Human Services to
States under such section exceed $223,500,000.
Sec. 226. Section 1941(b)(1)(B) of the Social Security Act, as added
by section 7002(b) of the Supplemental Appropriations Act, 2008,
is <<NOTE: 42 USC 1396w-1.>> amended by inserting ``each of'' after
``for''.
This title may be cited as the ``Department of Health and Human
Services Appropriations Act, 2009''.
TITLE III <<NOTE: Department of Education Appropriations Act, 2009.>>
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I of the Elementary and Secondary Education
Act of 1965 (``ESEA'') and section 418A of the Higher Education Act of
1965, $15,760,086,000, of which $4,739,881,000 shall become available on
July 1, 2009, and shall remain available through September 30, 2010, and
of which $10,841,176,000 shall become available on October 1, 2009, and
shall remain available through September 30, 2010, for academic year
2009-2010: Provided, That $6,597,946,000 shall be for basic grants under
section 1124 of the ESEA: Provided further, That up to $4,000,000 of
these funds shall be available to the Secretary of Education on October
1, 2008, to obtain annually updated local educational-agency-level
census poverty data from the Bureau of the Census: Provided further,
That $1,365,031,000 shall be for concentration grants under section
1124A of the ESEA: Provided further, That $3,264,712,000 shall be for
targeted grants under section 1125 of the ESEA: Provided further, That
$3,264,712,000 shall be for education finance incentive grants under
section 1125A of the ESEA: Provided further, That $9,167,000 shall be to
carry out sections 1501 and 1503 of the ESEA.
[[Page 123 STAT. 785]]
Impact Aid
For carrying out programs of financial assistance to federally
affected schools authorized by title VIII of the Elementary and
Secondary Education Act of 1965, $1,265,718,000, of which $1,128,535,000
shall be for basic support payments under section 8003(b), $48,602,000
shall be for payments for children with disabilities under section
8003(d), $17,509,000 shall be for construction under section 8007(b) and
shall remain available through September 30, 2010, $66,208,000 shall be
for Federal property payments under section 8002, and $4,864,000, to
remain available until expended, shall be for facilities maintenance
under section 8008: Provided, That for purposes of computing the amount
of a payment for an eligible local educational agency under section
8003(a) for school year 2008-2009, children enrolled in a school of such
agency that would otherwise be eligible for payment under section
8003(a)(1)(B) of such Act, but due to the deployment of both parents or
legal guardians, or a parent or legal guardian having sole custody of
such children, or due to the death of a military parent or legal
guardian while on active duty (so long as such children reside on
Federal property as described in section 8003(a)(1)(B)), are no longer
eligible under such section, shall be considered as eligible students
under such section, provided such students remain in average daily
attendance at a school in the same local educational agency they
attended prior to their change in eligibility status.
School Improvement Programs
For carrying out school improvement activities authorized by parts
A, B, and D of title II, part B of title IV, subparts 6 and 9 of part D
of title V, parts A and B of title VI, and parts B and C of title VII of
the Elementary and Secondary Education Act of 1965 (``ESEA''); the
McKinney-Vento Homeless Assistance Act; section 203 of the Educational
Technical Assistance Act of 2002; the Compact of Free Association
Amendments Act of 2003; and the Civil Rights Act of 1964,
$5,362,016,000, of which $3,495,865,000 shall become available on July
1, 2009, and remain available through September 30, 2010, and of which
$1,681,441,000 shall become available on October 1, 2009, and shall
remain available through September 30, 2010, for academic year 2009-
2010: Provided, That of the funds available for section 2103(a) of the
ESEA, $5,000,000 shall be available for a school leadership partnership
initiative and up to $7,500,000 shall be available for teacher and
principal quality national activities administered by the Secretary of
Education, as specified in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act):
Provided further, That funds made available to carry out part B of title
VII of the ESEA may be used for construction, renovation and
modernization of any elementary school, secondary school, or structure
related to an elementary school or secondary school, run by the
Department of Education of the State of Hawaii, that serves a
predominantly Native Hawaiian student body: Provided further,
That <<NOTE: Hawaii.>> from the funds referred to in the preceding
proviso, not less than $1,500,000 shall be for a grant to the Department
of Education of the State of Hawaii for the activities described in such
proviso, and $1,500,000 shall be for a grant to the University of Hawaii
School of Law for a Center
[[Page 123 STAT. 786]]
of Excellence in Native Hawaiian law: Provided further, That funds made
available to carry out part C of title VII of the ESEA may be used for
construction: Provided further, That up to 100 percent of the funds
available to a State educational agency under part D of title II of the
ESEA may be used for subgrants described in section 2412(a)(2)(B) of
such Act: Provided further, That $57,113,000 shall be available to carry
out section 203 of the Educational Technical Assistance Act of 2002:
Provided further, That $33,791,000 shall be available to carry out part
D of title V of the ESEA: Provided further, That no funds appropriated
under this heading may be used to carry out section 5494 under the ESEA:
Provided further, That $17,687,000 shall be available to carry out the
Supplemental Education Grants program for the Federated States of
Micronesia and the Republic of the Marshall Islands: Provided further,
That up to 5 percent of these amounts may be reserved by the Federated
States of Micronesia and the Republic of the Marshall Islands to
administer the Supplemental Education Grants programs and to obtain
technical assistance, oversight and consultancy services in the
administration of these grants and to reimburse the United States
Departments of Labor, Health and Human Services, and Education for such
services: Provided further, That $7,360,000 of the funds available for
the Foreign Language Assistance Program shall be available for 5-year
grants to local educational agencies that would work in partnership with
one or more institutions of higher education to establish or expand
articulated programs of study in languages critical to United States
national security that will enable successful students to advance from
elementary school through college to achieve a superior level of
proficiency in those languages.
Indian Education
For expenses necessary to carry out, to the extent not otherwise
provided, title VII, part A of the Elementary and Secondary Education
Act of 1965, $122,282,000.
Innovation and Improvement
For carrying out activities authorized by part G of title I, subpart
5 of part A and parts C and D of title II, parts B, C, and D of title V,
and section 1504 of the Elementary and Secondary Education Act of 1965,
$996,425,000: Provided, That $10,649,000 shall be provided to the
National Board for Professional Teaching Standards to carry out section
2151(c), including $1,000,000 to develop a National Board certification
for principals of elementary and secondary schools: Provided further,
That from funds for subpart 4, part C of title II, up to 3 percent shall
be available to the Secretary of Education for technical assistance and
dissemination of information: Provided further, That $347,640,000 shall
be available to carry out part D of title V: Provided further, That
$88,015,000 shall be used for the projects, and in the amounts,
specified under the heading ``Innovation and Improvement'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That $97,270,000
of the funds for subpart 1 shall be for competitive grants to local
educational agencies, including charter schools that are local
educational agencies, or States, or partnerships of: (1) a local
educational agency, a State, or both; and (2) at least one
[[Page 123 STAT. 787]]
non-profit organization to develop and implement performance-based
teacher and principal compensation systems in high-need schools:
Provided further, That such performance-based compensation systems must
consider gains in student academic achievement as well as classroom
evaluations conducted multiple times during each school year among other
factors and provide educators with incentives to take on additional
responsibilities and leadership roles: Provided further, That up to 5
percent of such funds for competitive grants shall be available for
technical assistance, training, peer review of applications, program
outreach and evaluation activities: Provided further, That of the funds
available for part B of title V, the Secretary shall use up to
$21,031,000 to carry out activities under section 5205(b) and under
subpart 2, and shall use not less than $195,000,000 to carry out other
activities authorized under subpart 1.
Safe Schools and Citizenship Education
For carrying out activities authorized by subpart 3 of part C of
title II, part A of title IV, and subparts 2, 3 and 10 of part D of
title V of the Elementary and Secondary Education Act of 1965,
$690,370,000, of which $294,759,000 shall become available on July 1,
2009, and remain available through September 30, 2010: Provided, That
$294,759,000 shall be available for subpart 1 of part A of title IV and
$220,240,000 shall be available for subpart 2 of part A of title IV:
Provided further, That $141,912,000 shall be available to carry out part
D of title V: Provided further, That of the funds available to carry out
subpart 3 of part C of title II, up to $13,383,000 may be used to carry
out section 2345 and $2,957,000 shall be used by the Center for Civic
Education to implement a comprehensive program to improve public
knowledge, understanding, and support of the Congress and the State
legislatures.
English Language Acquisition
For carrying out part A of title III of the Elementary and Secondary
Education Act of 1965, $730,000,000, which shall become available on
July 1, 2009, and shall remain available through September 30, 2010,
except that 6.5 percent of such amount shall be available on October 1,
2008, and shall remain available through September 30, 2010, to carry
out activities under section 3111(c)(1)(C): Provided, That the Secretary
of Education shall use the American Community Survey child counts to
calculate State allocations under such part but, for any State that
would otherwise receive greater than a 10-percent reduction from its
previous year's allocation, the Secretary shall carry out such
calculation using the average of the American Community Survey child
counts for the 3 most recent years.
Special Education
For carrying out the Individuals with Disabilities Education Act
(``IDEA'') and the Special Olympics Sport and Empowerment Act of 2004,
$12,579,677,000, of which $3,726,354,000 shall become available on July
1, 2009, and shall remain available through September 30, 2010, and of
which $8,592,383,000 shall become available on October 1, 2009, and
shall remain available through
[[Page 123 STAT. 788]]
September 30, 2010, for academic year 2009-2010: Provided, That
$13,250,000 shall be for Recording for the Blind and Dyslexic, Inc., to
support the development, production, and circulation of recorded
educational materials: Provided further, That $737,000 shall be for the
recipient of funds provided by Public Law 105-78 under section
687(b)(2)(G) of the IDEA (as in effect prior to the enactment of the
Individuals with Disabilities Education Improvement Act of 2004) to
provide information on diagnosis, intervention, and teaching strategies
for children with disabilities: Provided further, That the amount for
section 611(b)(2) of the IDEA shall be equal to the lesser of the amount
available for that activity during fiscal year 2008, increased by the
amount of inflation as specified in section 619(d)(2)(B) of the IDEA, or
the percentage increase in the funds appropriated under section 611(i)
of the IDEA: Provided further, That funds made available for the Special
Olympics Sport and Empowerment Act of 2004 may be used to support
expenses associated with the Special Olympics National and World games
hosted in the United States.
Rehabilitation Services and Disability Research
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Assistive Technology Act of 1998, and
the Helen Keller National Center Act, $3,387,762,000: Provided, That
$3,088,000 shall be used for the projects, and in the amounts, specified
under the heading ``Rehabilitation Services and Disability Research'' in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act of March 3, 1879, $22,599,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under titles I and
II of the Education of the Deaf Act of 1986, $64,212,000, of which
$1,175,000 shall be for construction and shall remain available until
expended: Provided, That from the total amount available, the Institute
may at its discretion use funds for the endowment program as authorized
under section 207 of such Act.
Gallaudet University
For the Kendall Demonstration Elementary School, the Model Secondary
School for the Deaf, and the partial support of Gallaudet University
under titles I and II of the Education of the Deaf Act of 1986,
$124,000,000, of which $6,000,000 shall be for construction and shall
remain available until expended: Provided, That from the total amount
available, the University may at its discretion use funds for the
endowment program as authorized under section 207 of such Act.
Career, Technical, and Adult Education
For carrying out, to the extent not otherwise provided, the Carl D.
Perkins Career and Technical Education Act of 2006, the
[[Page 123 STAT. 789]]
Adult Education and Family Literacy Act, subpart 4 of part D of title V
of the Elementary and Secondary Education Act of 1965 (``ESEA'') and
title VIII-D of the Higher Education Amendments of 1998, $1,944,348,000,
of which $4,400,000 shall become available on October 1, 2008 and remain
available until September 30, 2010, of which $1,148,948,000 shall become
available on July 1, 2009, and shall remain available through September
30, 2010, and of which $791,000,000 shall become available on October 1,
2009, and shall remain available through September 30, 2010: Provided,
That of the amount provided for Adult Education State Grants,
$67,896,000 shall be made available for integrated English literacy and
civics education services to immigrants and other limited English
proficient populations: Provided further, That of the amount reserved
for integrated English literacy and civics education, notwithstanding
section 211 of the Adult Education and Family Literacy Act, 65 percent
shall be allocated to States based on a State's absolute need as
determined by calculating each State's share of a 10-year average of the
United States Citizenship and Immigration Services data for immigrants
admitted for legal permanent residence for the 10 most recent years, and
35 percent allocated to States that experienced growth as measured by
the average of the 3 most recent years for which United States
Citizenship and Immigration Services data for immigrants admitted for
legal permanent residence are available, except that no State shall be
allocated an amount less than $60,000: Provided further, That of the
amounts made available for the Adult Education and Family Literacy Act,
$6,878,000 shall be for national leadership activities under section 243
and $6,468,000 shall be for the National Institute for Literacy under
section 242: Provided further, That $88,000,000 shall be available to
support the activities authorized under subpart 4 of part D of title V
of the ESEA, of which up to 5 percent shall become available October 1,
2008, and shall remain available through September 30, 2010, for
evaluation, technical assistance, school networks, peer review of
applications, and program outreach activities, and of which not less
than 95 percent shall become available on July 1, 2009, and remain
available through September 30, 2010, for grants to local educational
agencies: Provided further, That funds made available to local
educational agencies under this subpart shall be used only for
activities related to establishing smaller learning communities within
large high schools or small high schools that provide alternatives for
students enrolled in large high schools.
Student Financial Assistance
(including deferral of funds)
For carrying out subparts 1, 3, and 4 of part A, part C and part E
of title IV of the Higher Education Act of 1965, $19,156,973,000, which
shall remain available through September 30, 2010.
The maximum <<NOTE: 20 USC 1070a note.>> Pell Grant for which a
student shall be eligible during award year 2009-2010 shall be $4,860.
Of the funds made available under section 401A(e)(1)(D) of the
Higher Education Act of 1965, $887,000,000 shall not be available until
October 1, 2009.
[[Page 123 STAT. 790]]
Student Aid Administration
For Federal administrative expenses to carry out part D of title I,
and subparts 1, 3, and 4 of part A, and parts B, C, D, and E of title IV
of the Higher Education Act of 1965, $753,402,000, which shall remain
available until expended.
Higher Education
For carrying out, to the extent not otherwise provided, titles II,
III, IV, V, VI, and VII of the Higher Education Act of 1965 (``HEA''),
section 1543 of the Higher Education Amendments of 1992, the Mutual
Educational and Cultural Exchange Act of 1961, title VIII of the Higher
Education Amendments of 1998, part I of subtitle A of title VI of the
America COMPETES Act, section 515 of the Federal Mine Safety and Health
Act of 1977, and section 117 of the Carl D. Perkins Career and Technical
Education Act of 2006, $2,100,150,000: Provided, That $9,687,000, to
remain available through September 30, 2010, shall be available to fund
fellowships for academic year 2010-2011 under subpart 1 of part A of
title VII of the HEA, under the terms and conditions of such subpart 1:
Provided further, That $609,000 shall be for data collection and
evaluation activities for programs under the HEA, including such
activities needed to comply with the Government Performance and Results
Act of 1993: Provided further, That notwithstanding any other provision
of law, funds made available in this Act to carry out title VI of the
HEA and section 102(b)(6) of the Mutual Educational and Cultural
Exchange Act of 1961 may be used to support visits and study in foreign
countries by individuals who are participating in advanced foreign
language training and international studies in areas that are vital to
United States national security and who plan to apply their language
skills and knowledge of these countries in the fields of government, the
professions, or international development: Provided further, That of the
funds referred to in the preceding proviso up to 1 percent may be used
for program evaluation, national outreach, and information dissemination
activities: Provided further, That up to $6,556,000 shall be available
to continue funding for recipients of multi-year awards under section
204 of the HEA, as that Act was in effect prior to the date of enactment
of the Higher Education Opportunity Act (``HEOA''), in accordance with
the terms of their awards: Provided further, That notwithstanding any
other provision of law, funds available under section 371 of the HEA for
Tribal Colleges and Universities may be used for construction grants,
including such funds to recipients of continuation grants for multi-year
awards that were made in fiscal year 2008 under section 316 of the HEA,
as that Act was in effect prior to the date of enactment of the HEOA, in
accordance with the terms of such multi-year awards: Provided further,
That notwithstanding any other provision of law, a recipient of a multi-
year award under section 316 of the HEA, as that section was in effect
prior to the date of enactment of the HEOA, that would have otherwise
received a continuation award for fiscal year 2009 under that section,
shall receive under section 316, as amended by the HEOA, not less than
the amount that such recipient would have received under such a
continuation award: Provided further, That the portion of the funds
received under section 316 by a recipient described
[[Page 123 STAT. 791]]
in the preceding proviso that is equal to the amount of such
continuation award shall be used in accordance with the terms of such
continuation award: Provided further, That $1,000,000, to remain
available until expended, shall be available to carry out a scholarship
program for the purpose of increasing the skilled workforce for
industrial health and safety occupations, including mine safety:
Provided further, That <<NOTE: Designation.>> the Secretary of
Education shall identify these scholarships as ``Erma Byrd
Scholarships'': <<NOTE: Notice. Federal Register, publication.>>
Provided further, That such scholarships shall be awarded without regard
to an applicant's prior work experience, but the Secretary shall,
notwithstanding section 437 of the General Education Provisions Act and
5 U.S.C. 553, by notice in the Federal Register, establish the
eligibility requirements, service obligations, payback requirements, and
other program requirements similar to those specified in section 515 of
the Federal Mine Safety and Health Act as are necessary to implement
such a program: Provided further, That such scholarship funds may be
used to replace a student's expected family contribution, but
institutions accepting such scholarship funds may not use these funds to
supplant existing institutional aid: Provided further, That the
Secretary shall be authorized to accept contributions for such
scholarships from private sources: Provided further, That these funds
shall be used for scholarships for academic year 2009-2010 and may be
available for scholarships in academic year 2010-2011: Provided further,
That $91,243,000 shall be used for the projects, and in the amounts,
specified under the heading ``Higher Education'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).
Howard University
For partial support of Howard University, $234,977,000, of which not
less than $3,464,000 shall be for a matching endowment grant pursuant to
the Howard University Endowment Act and shall remain available until
expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses to carry out activities related
to existing facility loans pursuant to section 121 of the Higher
Education Act of 1965, $461,000.
Historically Black College and University Capital Financing Program
Account
Notwithstanding the limitations contained in section 344(a) of the
Higher Education Act of 1965 (``HEA''), the aggregate principal amount
of outstanding bonds insured under the Historically Black College and
University Capital Financing Program is authorized to equal but not
exceed $725,000,000, which may be used for loans to public and private
historically black colleges and universities without regard to
paragraphs (1) and (2) of section 344(a).
For the cost of guaranteed loans, $10,000,000, as authorized
pursuant to Part D of title III of the HEA: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That these funds are available to subsidize total loan principal, any
part of which is to be guaranteed, not to exceed
[[Page 123 STAT. 792]]
$100,000,000. In addition, for administrative expenses to carry out the
Historically Black College and University Capital Financing Program
entered into pursuant to part D of title III of the HEA, $354,000.
Institute of Education Sciences
For carrying out activities authorized by the Education Sciences
Reform Act of 2002, the National Assessment of Educational Progress
Authorization Act, section 208 of the Educational Technical Assistance
Act of 2002, and section 664 of the Individuals with Disabilities
Education Act, $617,175,000, of which $312,241,000 shall be available
until September 30, 2010: Provided, That funds available to carry out
section 208 of the Educational Technical Assistance Act may be used for
Statewide data systems that include postsecondary and workforce
information: Provided further, That up to $5,000,000 of the funds
available to carry out section 208 of the Educational Technical
Assistance Act may be used for State data coordinators and for awards to
public or private organizations or agencies to improve data
coordination.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of conference
rooms in the District of Columbia and hire of three passenger motor
vehicles, $433,482,000, of which $5,400,000, to remain available until
expended, shall be for relocation of, and renovation of buildings
occupied by, Department staff.
Office for Civil Rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education Organization
Act, $96,826,000.
Office of the Inspector General
For expenses necessary for the Office of the Inspector General, as
authorized by section 212 of the Department of Education Organization
Act, $54,539,000.
General Provisions
Sec. 301. <<NOTE: Racial desegregation.>> No funds appropriated in
this Act may be used for the transportation of students or teachers (or
for the purchase of equipment for such transportation) in order to
overcome racial imbalance in any school or school system, or for the
transportation of students or teachers (or for the purchase of equipment
for such transportation) in order to carry out a plan of racial
desegregation of any school or school system.
Sec. 302. None of the funds contained in this Act shall be used to
require, directly or indirectly, the transportation of any student to a
school other than the school which is nearest the student's home, except
for a student requiring special education, to the school offering such
special education, in order to comply with title VI of the Civil Rights
Act of 1964. For the purpose
[[Page 123 STAT. 793]]
of this section an indirect requirement of transportation of students
includes the transportation of students to carry out a plan involving
the reorganization of the grade structure of schools, the pairing of
schools, or the clustering of schools, or any combination of grade
restructuring, pairing or clustering. The prohibition described in this
section does not include the establishment of magnet schools.
Sec. 303. <<NOTE: Voluntary prayer. Meditation.>> No funds
appropriated in this Act may be used to prevent the implementation of
programs of voluntary prayer and meditation in the public schools.
(transfer of funds)
Sec. 304. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the Department of Education in this Act
may be transferred between appropriations, but no such appropriation
shall be increased by more than 3 percent by any such transfer:
Provided, That the transfer authority granted by this section shall be
available only to meet emergency needs and shall not be used to create
any new program or to fund any project or activity for which no funds
are provided in this Act: <<NOTE: Notification. Deadline.>> Provided
further, That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in advance
of any transfer.
Sec. 305. <<NOTE: Montana.>> The signature pages submitted by Heart
Butte School District in Pondera County, Montana, as part of its
application for Impact Aid under title VIII of the Elementary and
Secondary Education Act of 1965, shall be considered to have been timely
and complete for purposes of receiving funding under such program for
fiscal year 2009.
Sec. 306. The Outlying Areas may consolidate funds received under
this Act as well as any remaining funds received under the Department of
Education Appropriations Act, 2008, pursuant to 48 U.S.C. 1469a, under
part A of title V of the Elementary and Secondary Education Act.
This title may be cited as the ``Department of Education
Appropriations Act, 2009''.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
Salaries and Expenses
For expenses necessary for the Committee for Purchase From People
Who Are Blind or Severely Disabled established by Public Law 92-28,
$5,094,000.
Corporation for National and Community Service
operating expenses
For necessary expenses for the Corporation for National and
Community Service to carry out the Domestic Volunteer Service Act of
1973 (``1973 Act'') and the National and Community Service
[[Page 123 STAT. 794]]
Act of 1990 (``1990 Act''), $680,564,000, of which $309,835,000 shall be
to carry out the 1973 Act and $370,729,000 shall be to carry out the
1990 Act: Provided, That $27,500,000 of the amount provided under this
heading shall be available to carry out subtitle E of the 1990 Act at
five campuses throughout the United States: Provided further, That up to
1 percent of program grant funds may be used to defray the costs of
conducting grant application reviews, including the use of outside peer
reviewers and electronic management of the grants cycle: Provided
further, That none of the funds made available under this heading for
activities authorized by section 122 and part E of title II of the 1973
Act shall be used to provide stipends or other monetary incentives to
program participants or volunteer leaders whose incomes exceed the
income guidelines in subsections 211(e) and 213(b) of the 1973 Act:
Provided further, That notwithstanding subtitle H of title I of the 1990
Act, none of the funds provided for quality and innovation activities
shall be used to support salaries and related expenses (including
travel) attributable to Corporation for National and Community Service
employees: Provided further, That of the amounts provided under this
heading: (1) not more than $55,000,000 of grants made under subtitle C
of the 1990 Act may be used to administer, reimburse, or support any
national service program authorized under section 129(d)(2) of the 1990
Act; and (2) $11,790,000 shall be to provide assistance to State
commissions on national and community service, under section 126(a) of
the 1990 Act and notwithstanding section 501(a)(4) of the 1990 Act.
national service trust
(including transfer of funds)
For necessary expenses for the National Service Trust established
under subtitle D of title I of the National and Community Service Act of
1990 (``1990 Act''), $131,075,000, to remain available until expended:
Provided, That the Corporation for National and Community Service may
transfer additional funds from the amount provided within ``Operating
Expenses'' for grants made under subtitle C of the 1990 Act to this
appropriation upon determination that such transfer is necessary to
support the activities of national service participants and after notice
is transmitted to the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That amounts
appropriated for or transferred to the National Service Trust may be
invested under section 145(b) of the 1990 Act without regard to the
requirement to apportion funds under 31 U.S.C. 1513(b).
Salaries and Expenses
For necessary expenses of administration as provided under section
501(a)(4) of the National and Community Service Act of 1990 and under
section 504(a) of the Domestic Volunteer Service Act of 1973, including
payment of salaries, authorized travel, hire of passenger motor
vehicles, the rental of conference rooms in the District of Columbia,
the employment of experts and consultants authorized under 5 U.S.C.
3109, and not to exceed $2,500 for official reception and representation
expenses, $71,715,000.
[[Page 123 STAT. 795]]
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $6,512,000.
Administrative Provisions
Sec. 401. <<NOTE: Definition.>> Notwithstanding any other provision
of law, the term ``qualified student loan'' with respect to national
service education awards shall mean any loan determined by an
institution of higher education to be necessary to cover a student's
cost of attendance at such institution and made, insured, or guaranteed
directly to a student by a State agency, in addition to other meanings
under section 148(b)(7) of the National and Community Service Act of
1990.
Sec. 402. Notwithstanding any other provision of law, funds made
available under section 129(d)(5)(B) of the National and Community
Service Act of 1990 (``1990 Act'') to assist entities in placing
applicants who are individuals with disabilities may be provided to any
entity that receives a grant under section 121 of the 1990 Act.
Sec. 403. The <<NOTE: Notice. Public comment.>> Corporation for
National and Community Service (``the Corporation'') shall make any
significant changes to program requirements, service delivery or policy
only through public notice and comment rulemaking. For fiscal year 2009,
during any grant selection process, an officer or employee of the
Corporation shall not knowingly disclose any covered grant selection
information regarding such selection, directly or indirectly, to any
person other than an officer or employee of the Corporation that is
authorized by the Corporation to receive such information.
Sec. 404. Professional Corps programs described in section
122(a)(8) of the National and Community Service Act of 1990 may apply to
the Corporation for National and Community Service for a waiver of
application of section 140(c)(2).
Sec. 405. Notwithstanding 31 U.S.C. 1342, the Corporation for
National and Community Service (``the Corporation'') may solicit and
accept the services of organizations and individuals (other than
participants) to assist the Corporation in carrying out the duties of
the Corporation under the national service laws: Provided, That an
individual who provides services under this section shall be subject to
the same protections and limitations as volunteers under section 196(a)
of the National and Community Service Act of 1990.
Sec. 406. Organizations operating projects under the AmeriCorps
Education Awards Program shall do so without regard to the requirements
of sections 121(d) and (e), 131(e), 132, and 140(a), (d), and (e) of the
National and Community Service Act of 1990.
Sec. 407. <<NOTE: 42 USC 12571 note.>> AmeriCorps programs
receiving grants under the National Service Trust program shall meet an
overall minimum share requirement of 24 percent for the first three
years that they receive AmeriCorps funding, and thereafter shall meet
the overall minimum share requirement as provided in section 2521.60 of
title 45, Code of Federal Regulations, without regard to the operating
costs match requirement in section 121(e) or the member support Federal
share limitations in section 140 of the National and Community Service
Act of 1990, and subject to partial waiver
[[Page 123 STAT. 796]]
consistent with section 2521.70 of title 45, Code of Federal
Regulations.
Sec. 408. Notwithstanding any other provision of law, formula-based
grants to States and territories under section 129(a)(1)-(2) of the
National and Community Service Act of 1990 to operate AmeriCorps
programs may be made if the application describes proposed positions
into which participants will be placed, the proposed minimum
qualifications of such participants, and includes an assurance that the
State will select national service programs for subgrants on a
competitive basis, and an assurance that the aforementioned information
will be provided for each subgrant awarded prior to the execution of
such subgrants.
(transfer of funds)
Sec. 409. For <<NOTE: Deadline. Notice. 42 USC 12601a.>> fiscal
year 2009 and thereafter, in addition to amounts otherwise provided to
the National Service Trust, at no later than the end of the fifth fiscal
year after the fiscal year for which funds are appropriated or otherwise
made available, unobligated balances of appropriations available for
grants under the National Service Trust Program under subtitle C of
title I of the 1990 Act during such fiscal year may be transferred to
the National Service Trust after notice is transmitted to the Committees
on Appropriations of the House of Representatives and the Senate, if
such funds are initially obligated before the expiration of their period
of availability.
Sec. 410. Of the amounts provided in this Act which the Corporation
for National and Community Service (``the Corporation'') allocates for
the provision of assistance under subsections 129(a) and (b) of the
National and Community Service Act of 1990 (``1990 Act''), the
Corporation shall apply the formula in section 129(a)(1) of the 1990 Act
in such a manner so as to ensure that each State shall receive a minimum
of $500,000: Provided, That, in no event shall the total amount allotted
under section 129(a)(1) exceed 33\1/3\ percent of the funds allocated by
the Corporation for the provision of assistance under subsections 129(a)
and (b) of the 1990 Act.
Sec. 411. Notwithstanding section 139(b) of the National and
Community Service Act of 1990 (``1990 Act''), an individual in an
approved national service position performing full-time or part-time
national service directly related to disaster relief efforts may
continue in that term of service for a period of 6 months beyond the
periods otherwise specified in sections 139(b) and 153(e) of the 1990
Act or section 104 of the Domestic Volunteer Service Act of 1973.
Service in an extended term as provided under this section shall
constitute a single term of service for purposes of sections 146(b) and
(c) of the 1990 Act.
Sec. 412. Donations made to the Corporation for National and
Community Service (``the Corporation'') under section 196 of the
National and Community Service Act of 1990 (``1990 Act'') for the
purposes of financing programs and operations under titles I and II of
the 1973 Act or subtitles B, C, D, or E of title I of the 1990 Act shall
be used to supplement and not supplant current programs and operations.
[[Page 123 STAT. 797]]
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting
(``Corporation''), as authorized by the Communications Act of 1934, an
amount which shall be available within limitations specified by that
Act, for the fiscal year 2011, $430,000,000: Provided, That no funds
made available to the Corporation by this Act shall be used to pay for
receptions, parties, or similar forms of entertainment for Government
officials or employees: Provided further, That none of the funds
contained in this paragraph shall be available or used to aid or support
any program or activity from which any person is excluded, or is denied
benefits, or is discriminated against, on the basis of race, color,
national origin, religion, or sex: <<NOTE: Political test.>> Provided
further, That no funds made available to the Corporation by this Act
shall be used to apply any political test or qualification in selecting,
appointing, promoting, or taking any other personnel action with respect
to officers, agents, and employees of the Corporation: Provided further,
That for fiscal year 2009, in addition to the amounts provided above,
$34,591,000 shall be for costs related to digital program production,
development, and distribution, associated with the transition of public
broadcasting to digital broadcasting, to be awarded as determined by the
Corporation in consultation with public radio and television licensees
or permittees, or their designated representatives: Provided further,
That for fiscal year 2009, in addition to the amounts provided above,
$26,642,000 is available pursuant to section 396(k)(10) of the
Communications Act of 1934 for replacement and upgrade of the public
radio interconnection system: Provided further, That none of the funds
made available to the Corporation by this Act, division G of the
Consolidated Appropriations Act, 2008, or the Continuing Appropriations
Resolution, 2007, shall be used to support the Television Future Fund or
any similar purpose.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and Conciliation
Service (``Service'') to carry out the functions vested in it by the
Labor Management Relations Act, 1947, including hire of passenger motor
vehicles; for expenses necessary for the Labor-Management Cooperation
Act of 1978; and for expenses necessary for the Service to carry out the
functions vested in it by the Civil Service Reform Act, $45,476,000:
Provided, That notwithstanding 31 U.S.C. 3302, fees charged, up to full-
cost recovery, for special training activities and other conflict
resolution services and technical assistance, including those provided
to foreign governments and international organizations, and for
arbitration services shall be credited to and merged with this account,
and shall remain available until expended: Provided further, That fees
for arbitration services shall be available only for education,
training, and professional development of the agency workforce: Provided
further, That the Director of the Service is authorized to accept and
use on behalf of the United States gifts of services and real, personal,
or other property in the aid of any projects or functions within the
Director's jurisdiction.
[[Page 123 STAT. 798]]
Federal Mine Safety and Health Review Commission
Salaries and Expenses
For expenses necessary for the Federal Mine Safety and Health Review
Commission, $8,653,000.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For carrying out the Museum and Library Services Act of 1996 and the
National Museum of African American History and Culture Act,
$274,840,000, of which $10,737,000 shall be used for the projects, and
in the amounts, specified under the heading ``Office of Museum and
Library Services: Grants and Administration'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That funds may be made available for
support through inter-agency agreement or grant to commemorative Federal
commissions that support museum and library activities, in partnership
with libraries and museums that are eligible for funding under programs
carried out by the Institute of Museum and Library Services.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the Social
Security Act, $11,403,000, to be transferred to this appropriation from
the Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund.
National Council on Disability
Salaries and Expenses
For expenses necessary for the National Council on Disability as
authorized by title IV of the Rehabilitation Act of 1973, $3,206,000.
National Labor Relations Board
Salaries and Expenses
For expenses necessary for the National Labor Relations Board to
carry out the functions vested in it by the Labor-Management Relations
Act, 1947, and other laws, $262,595,000: Provided, That no part of this
appropriation shall be available to organize or assist in organizing
agricultural laborers or used in connection with investigations,
hearings, directives, or orders concerning bargaining units composed of
agricultural laborers as referred to in section 2(3) of the Act of July
5, 1935, and as amended by the Labor-Management Relations Act, 1947, and
as defined in section 3(f) of the Act of June 25, 1938, and including in
said definition employees engaged in the maintenance and operation of
ditches, canals, reservoirs, and waterways when maintained or operated
[[Page 123 STAT. 799]]
on a mutual, nonprofit basis and at least 95 percent of the water stored
or supplied thereby is used for farming purposes.
National Mediation Board
Salaries and Expenses
For expenses necessary to carry out the provisions of the Railway
Labor Act, including emergency boards appointed by the President,
$12,992,000.
Occupational Safety and Health Review Commission
Salaries and Expenses
For expenses necessary for the Occupational Safety and Health Review
Commission, $11,186,000.
Railroad Retirement Board
Dual Benefits Payments Account
For payment to the Dual Benefits Payments Account, authorized under
section 15(d) of the Railroad Retirement Act of 1974, $72,000,000, which
shall include amounts becoming available in fiscal year 2009 pursuant to
section 224(c)(1)(B) of Public Law 98-76; and in addition, an amount,
not to exceed 2 percent of the amount provided herein, shall be
available proportional to the amount by which the product of recipients
and the average benefit received exceeds the amount available for
payment of vested dual benefits: Provided, That the total amount
provided herein shall be credited in 12 approximately equal amounts on
the first day of each month in the fiscal year.
Federal Payments to the Railroad Retirement Accounts
For payment to the accounts established in the Treasury for the
payment of benefits under the Railroad Retirement Act for interest
earned on unnegotiated checks, $150,000, to remain available through
September 30, 2010, which shall be the maximum amount available for
payment pursuant to section 417 of Public Law 98-76.
Limitation on Administration
For necessary expenses for the Railroad Retirement Board (``Board'')
for administration of the Railroad Retirement Act and the Railroad
Unemployment Insurance Act, $105,463,000, to be derived in such amounts
as determined by the Board from the railroad retirement accounts and
from moneys credited to the railroad unemployment insurance
administration fund.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General
(``Office'') for audit, investigatory and review activities, as
authorized by the Inspector General Act of 1978, not more than
$7,806,000, to be derived from the railroad retirement accounts and
railroad unemployment insurance account: Provided, That none of the
funds
[[Page 123 STAT. 800]]
made available in any other paragraph of this Act may be transferred to
the Office; used to carry out any such transfer; used to provide any
office space, equipment, office supplies, communications facilities or
services, maintenance services, or administrative services for the
Office; used to pay any salary, benefit, or award for any personnel of
the Office; used to pay any other operating expense of the Office; or
used to reimburse the Office for any service provided, or expense
incurred, by the Office, except as permitted pursuant to the last
proviso under this heading in division G of the Consolidated
Appropriations Act, 2008.
Social Security Administration
Payments to Social Security Trust Funds
For payment to the Federal Old-Age and Survivors Insurance Trust
Fund and the Federal Disability Insurance Trust Fund, as provided under
sections 201(m), 228(g), and 1131(b)(2) of the Social Security Act,
$20,406,000.
Supplemental Security Income Program
For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
amended, and section 405 of Public Law 95-216, including payment to the
Social Security trust funds for administrative expenses incurred
pursuant to section 201(g)(1) of the Social Security Act,
$30,471,537,000, to remain available until expended: Provided, That any
portion of the funds provided to a State in the current fiscal year and
not obligated by the State during that year shall be returned to the
Treasury.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security Act, for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For making benefit payments under title XVI of the Social Security
Act for the first quarter of fiscal year 2010, $15,400,000,000, to
remain available until expended.
Limitation on Administrative Expenses
For necessary expenses, including the hire of two passenger motor
vehicles, and not to exceed $15,000 for official reception and
representation expenses, not more than $10,067,500,000 may be expended,
as authorized by section 201(g)(1) of the Social Security Act, from any
one or all of the trust funds referred to therein: Provided, That not
less than $2,000,000 shall be for the Social Security Advisory Board:
Provided further, That unobligated balances of funds provided under this
paragraph at the end of fiscal year 2009 not needed for fiscal year 2009
shall remain available until expended to invest in the Social Security
Administration information technology and telecommunications hardware
and software infrastructure, including related equipment and non-payroll
administrative expenses associated solely with this information
technology and telecommunications infrastructure: Provided further, That
reimbursement to the trust funds under this heading for expenditures for
official time for employees of the Social Security Administration
pursuant to 5 U.S.C. 7131, and for facilities or
[[Page 123 STAT. 801]]
support services for labor organizations pursuant to policies,
regulations, or procedures referred to in section 7135(b) of such title
shall be made by the Secretary of the Treasury, with interest, from
amounts in the general fund not otherwise appropriated, as soon as
possible after such expenditures are made.
From funds provided under the first paragraph, not less than
$264,000,000 shall be available for the cost associated with conducting
continuing disability reviews under titles II and XVI of the Social
Security Act and for the cost associated with conducting
redeterminations of eligibility under title XVI of the Social Security
Act.
In addition to the amounts made available above, and subject to the
same terms and conditions, $240,000,000, for additional continuing
disability reviews and redeterminations of eligibility: Provided,
That <<NOTE: Reports.>> the Commissioner shall provide to the Congress
(at the conclusion of the fiscal year) a report on the obligation and
expenditure of these additional amounts, similar to the reports that
were required by section 103(d)(2) of Public Law 104-121 for fiscal
years 1996 through 2002.
In addition, $145,000,000 to be derived from administration fees in
excess of $5.00 per supplementary payment collected pursuant to section
1616(d) of the Social Security Act or section 212(b)(3) of Public Law
93-66, which shall remain available until expended. To the extent that
the amounts collected pursuant to such sections in fiscal year 2009
exceed $145,000,000, the amounts shall be available in fiscal year 2010
only to the extent provided in advance in appropriations Acts.
In addition, up to $1,000,000 to be derived from fees collected
pursuant to section 303(c) of the Social Security Protection Act, which
shall remain available until expended.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$28,000,000, together with not to exceed $70,127,000, to be transferred
and expended as authorized by section 201(g)(1) of the Social Security
Act from the Federal Old-Age and Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total provided
in this appropriation may be transferred from the ``Limitation on
Administrative Expenses'', Social Security Administration, to be merged
with this account, to be available for the time and purposes for which
this account is available: <<NOTE: Notice.>> Provided, That notice of
such transfers shall be transmitted promptly to the Committees on
Appropriations of the House of Representatives and the Senate.
TITLE V
GENERAL PROVISIONS
Sec. 501. The Secretaries of Labor, Health and Human Services, and
Education are authorized to transfer unexpended balances of prior
appropriations to accounts corresponding to current appropriations
provided in this Act. Such transferred balances shall
[[Page 123 STAT. 802]]
be used for the same purpose, and for the same periods of time, for
which they were originally appropriated.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. <<NOTE: Lobbying.>> (a) No part of any appropriation
contained in this Act shall be used, other than for normal and
recognized executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or use of any
kit, pamphlet, booklet, publication, radio, television, or video
presentation designed to support or defeat legislation pending before
the Congress or any State legislature, except in presentation to the
Congress or any State legislature itself.
(b) No part of any appropriation contained in this Act shall be used
to pay the salary or expenses of any grant or contract recipient, or
agent acting for such recipient, related to any activity designed to
influence legislation or appropriations pending before the Congress or
any State legislature.
Sec. 504. The Secretaries of Labor and Education are authorized to
make available not to exceed $28,000 and $20,000, respectively, from
funds available for salaries and expenses under titles I and III,
respectively, for official reception and representation expenses; the
Director of the Federal Mediation and Conciliation Service is authorized
to make available for official reception and representation expenses not
to exceed $5,000 from the funds available for ``Federal Mediation and
Conciliation Service, Salaries and expenses''; and the Chairman of the
National Mediation Board is authorized to make available for official
reception and representation expenses not to exceed $5,000 from funds
available for ``National Mediation Board, Salaries and expenses''.
Sec. 505. <<NOTE: Needle distribution.>> Notwithstanding any other
provision of this Act, no funds appropriated in this Act shall be used
to carry out any program of distributing sterile needles or syringes for
the hypodermic injection of any illegal drug.
Sec. 506. When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all grantees
receiving Federal funds included in this Act, including but not limited
to State and local governments and recipients of Federal research
grants, shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 507. <<NOTE: Abortion.>> (a) None of the funds appropriated in
this Act, and none of the funds in any trust fund to which funds are
appropriated in this Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of the
funds in any trust fund to which funds are appropriated in this Act,
shall be expended for health benefits coverage that includes coverage of
abortion.
(c) The <<NOTE: Definition.>> term ``health benefits coverage''
means the package of services covered by a managed care provider or
organization pursuant to a contract or other arrangement.
[[Page 123 STAT. 803]]
Sec. 508. <<NOTE: Abortion.>> (a) The limitations established in
the preceding section shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a physician,
place the woman in danger of death unless an abortion is
performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State's or
locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State's or locality's contribution of Medicaid matching
funds).
(d)(1) None of the funds made available in this Act may be made
available to a Federal agency or program, or to a State or local
government, if such agency, program, or government subjects any
institutional or individual health care entity to discrimination on the
basis that the health care entity does not provide, pay for, provide
coverage of, or refer for abortions.
(2) In this subsection, the term ``health care entity'' includes an
individual physician or other health care professional, a hospital, a
provider-sponsored organization, a health maintenance organization, a
health insurance plan, or any other kind of health care facility,
organization, or plan.
Sec. 509. (a) <<NOTE: Human embryos.>> None of the funds made
available in this Act may be used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses in
utero under 45 CFR 46.204(b) and section 498(b) of the Public
Health Service Act (42 U.S.C. 289g(b)).
(b) For <<NOTE: Definition.>> purposes of this section, the term
``human embryo or embryos'' includes any organism, not protected as a
human subject under 45 CFR 46 as of the date of the enactment of this
Act, that is derived by fertilization, parthenogenesis, cloning, or any
other means from one or more human gametes or human diploid cells.
Sec. 510. (a) <<NOTE: Drugs and drug abuse.>> None of the funds
made available in this Act may be used for any activity that promotes
the legalization of any drug or other substance included in schedule I
of the schedules of controlled substances established under section 202
of the Controlled Substances Act except for normal and recognized
executive-congressional communications.
(b) The limitation in subsection (a) shall not apply when there is
significant medical evidence of a therapeutic advantage to the use of
such drug or other substance or that federally sponsored clinical trials
are being conducted to determine therapeutic advantage.
[[Page 123 STAT. 804]]
Sec. 511. None of the funds made available in this Act may be used
to promulgate or adopt any final standard under section 1173(b) of the
Social Security Act providing for, or providing for the assignment of, a
unique health identifier for an individual (except in an individual's
capacity as an employer or a health care provider), until legislation is
enacted specifically approving the standard.
Sec. 512. None <<NOTE: Contracts.>> of the funds made available in
this Act may be obligated or expended to enter into or renew a contract
with an entity if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary of
Labor concerning employment of certain veterans; and
(2) such <<NOTE: Reports.>> entity has not submitted a
report as required by that section for the most recent year for
which such requirement was applicable to such entity.
Sec. 513. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
Sec. 514. None of the funds made available by this Act to carry out
the Library Services and Technology Act may be made available to any
library covered by paragraph (1) of section 224(f) of such Act, as
amended by the Children's Internet Protection Act, unless such library
has made the certifications required by paragraph (4) of such section.
Sec. 515. None of the funds made available by this Act to carry out
part D of title II of the Elementary and Secondary Education Act of 1965
may be made available to any elementary or secondary school covered by
paragraph (1) of section 2441(a) of such Act, as amended by the
Children's Internet Protection Act and the No Child Left Behind Act,
unless the local educational agency with responsibility for such covered
school has made the certifications required by paragraph (2) of such
section.
Sec. 516. <<NOTE: Notifications. Deadlines.>> (a) None of the funds
provided under this Act, or provided under previous appropriations Acts
to the agencies funded by this Act that remain available for obligation
or expenditure in fiscal year 2009, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of Representatives
and the Senate are notified 15 days in advance of such reprogramming or
of an announcement of intent relating to such reprogramming, whichever
occurs earlier.
[[Page 123 STAT. 805]]
(b) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2009, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a reprogramming
of funds in excess of $500,000 or 10 percent, whichever is less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of Representatives
and the Senate are notified 15 days in advance of such reprogramming or
of an announcement of intent relating to such reprogramming, whichever
occurs earlier.
Sec. 517. (a) <<NOTE: Political disclosures.>> None of the funds
made available in this Act may be used to request that a candidate for
appointment to a Federal scientific advisory committee disclose the
political affiliation or voting history of the candidate or the position
that the candidate holds with respect to political issues not directly
related to and necessary for the work of the committee involved.
(b) None <<NOTE: Scientific information.>> of the funds made
available in this Act may be used to disseminate scientific information
that is deliberately false or misleading.
Sec. 518. Within <<NOTE: Deadline. Operating plan.>> 45 days of
enactment of this Act, each department and related agency funded through
this Act shall submit an operating plan that details at the program,
project, and activity level any funding allocations for fiscal year 2009
that are different than those specified in this Act, the accompanying
detailed table in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act), or the fiscal
year 2009 budget request.
Sec. 519. None <<NOTE: Aliens.>> of the funds in this Act may be
used to employ workers described in section 274A(h)(3) of the
Immigration and Nationality Act.
Sec. 520. The <<NOTE: Reports.>> Secretaries of Labor, Health and
Human Services, and Education shall each prepare and submit to the
Committees on Appropriations of the House of Representatives and the
Senate a report on the number and amount of contracts, grants, and
cooperative agreements exceeding $100,000 in value and awarded by the
Department on a non-competitive basis during each quarter of fiscal year
2009, but not to include grants awarded on a formula basis or directed
by law. Such report shall include the name of the contractor or grantee,
the amount of funding, the governmental purpose, including a
justification for issuing the award on a non-competitive
basis. <<NOTE: Deadline.>> Such report shall be transmitted to the
Committees within 30 days after the end of the quarter for which the
report is submitted.
Sec. 521. <<NOTE: Contracts. Certification.>> None of the funds
appropriated or otherwise made available by this Act may be used to
enter into a contract in an amount greater than $5,000,000 or to award a
grant in excess of such amount unless the prospective contractor or
grantee certifies
[[Page 123 STAT. 806]]
in writing to the agency awarding the contract or grant that, to the
best of its knowledge and belief, the contractor or grantee has filed
all Federal tax returns required during the three years preceding the
certification, has not been convicted of a criminal offense under the
Internal Revenue Code of 1986, and has not, more than 90 days prior to
certification, been notified of any unpaid Federal tax assessment for
which the liability remains unsatisfied, unless the assessment is the
subject of an installment agreement or offer in compromise that has been
approved by the Internal Revenue Service and is not in default, or the
assessment is the subject of a non-frivolous administrative or judicial
proceeding.
Sec. 522. None of the funds appropriated in this Act shall be
expended or obligated by the Commissioner of Social Security, for
purposes of administering Social Security benefit payments under title
II of the Social Security Act, to process any claim for credit for a
quarter of coverage based on work performed under a social security
account number that is not the claimant's number and the performance of
such work under such number has formed the basis for a conviction of the
claimant of a violation of section 208(a)(6) or (7) of the Social
Security Act.
Sec. 523. (a) Section 14002(a)(2)(A)(i) of division A of the
American Recovery and Reinvestment Act of 2009 (Public Law 111-5)
is <<NOTE: Ante, p. 280.>> amended, in the matter preceding subclause
(I), by inserting ``education'' after ``secondary''.
(b) Section 14002(b)(1) of such division is amended by striking
``14001'' and inserting ``14001(d)''.
(c) Section 14003(a) of such division <<NOTE: Ante, p. 281.>> is
amended by striking ``the Adult and Family Literacy Act (20 U.S.C. 1400
et seq.)'' and inserting ``the Adult Education and Family Literacy Act
(20 U.S.C. 9201 et seq.)''.
(d) Section 14005(a) of such division <<NOTE: Ante, p. 282.>> is
amended by striking ``14001'' and inserting ``14001(d)''.
(e) Section 14005(d)(4)(C) of such division <<NOTE: Ante, p. 283.>>
is amended by striking ``6401(e)(1)(9)(A)(ii)'' and inserting
``6401(e)(1)(A)(ii)''.
(f) Section 14005(d)(5) of such division is amended--
(1) by striking ``1116(a)(7)(C)(iv)'' and inserting
``1116(b)(7)(C)(iv)''; and
(2) by striking ``1116(a)(8)(B)'' and inserting
``1116(b)(8)(B)''.
(g) Section 14011 of such division <<NOTE: Ante, p. 285.>> is
amended by inserting before the period at the end the following: ``,
unless such funds are used to provide special education and related
services to children with disabilities, as authorized by the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.)''.
(h) Section 14012(c) of such division <<NOTE: Ante, p. 286.>> is
amended to read as follows:
``(c) Criteria.--The Secretary shall not grant a waiver or
modification under this section unless the Secretary determines that the
State receiving such waiver or modification will not provide for
elementary, secondary, and public higher education, for the fiscal year
under consideration, a smaller percentage of the total revenues
available to the State than the percentage provided for such purpose in
the preceding fiscal year.''.
[[Page 123 STAT. 807]]
TITLE VI <<NOTE: 8 USC 1101 note.>>
AFGHAN ALLIES PROTECTION ACT OF 2009 <<NOTE: Afghan Allies Protection
Act of 2009.>>
SEC. 601. SHORT TITLE.
This Act may be cited as the ``Afghan Allies Protection Act of
2009''.
SEC. 602. PROTECTION FOR AFGHAN ALLIES.
(a) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on the Judiciary of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on the Judiciary of the House
of Representatives.
(b) Special Immigrant Status for Certain Afghans.--
(1) In general.--Subject to paragraph (3), the Secretary of
Homeland Security, or, notwithstanding any other provision of
law, the Secretary of State in consultation with the Secretary
of Homeland Security, may provide an alien described in
subparagraph (A), (B), or (C) of paragraph (2) with the status
of a special immigrant under section 101(a)(27) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), if the
alien--
(A) or an agent acting on behalf of the alien,
submits a petition for classification under section
203(b)(4) of such Act (8 U.S.C. 1153(b)(4));
(B) is otherwise eligible to receive an immigrant
visa;
(C) is otherwise admissible to the United States for
permanent residence (excluding the grounds for
inadmissibility specified in section 212(a)(4) of such
Act (8 U.S.C. 1182(a)(4)); and
(D) clears a background check and appropriate
screening, as determined by the Secretary of Homeland
Security.
(2) Aliens described.--
(A) Principal aliens.--An alien is described in this
subparagraph if the alien--
(i) is a citizen or national of Afghanistan;
(ii) was or is employed by or on behalf of the
United States Government in Afghanistan on or
after October 7, 2001, for not less than one year;
(iii) provided faithful and valuable service
to the United States Government, which is
documented in a positive recommendation or
evaluation, subject to subparagraph (D), from the
employee's senior supervisor or the person
currently occupying that position, or a more
senior person, if the employee's senior supervisor
has left the employer or has left Afghanistan; and
(iv) has experienced or is experiencing an
ongoing serious threat as a consequence of the
alien's employment by the United States
Government.
(B) Spouse or child.--An alien is described in this
subparagraph if the alien--
[[Page 123 STAT. 808]]
(i) is the spouse or child of a principal
alien described in subparagraph (A); and
(ii) is accompanying or following to join the
principal alien in the United States.
(C) Surviving spouse or child.--An alien is
described in this subparagraph if the alien--
(i) was the spouse or child of a principal
alien described in subparagraph (A) who had a
petition for classification approved pursuant to
this section or section 1059 of the National
Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163; 8 U.S.C. 1101 note) which
included the alien as an accompanying spouse or
child; and
(ii) due to the death of the principal alien--
(I) such petition was revoked or
terminated (or otherwise rendered null);
and
(II) such petition would have been
approved if the principal alien had
survived.
(D) Approval by chief of mission required.--
A <<NOTE: Risk assessment. Records.>> recommendation or
evaluation required under subparagraph (A)(iii) shall be
accompanied by approval from the appropriate Chief of
Mission, or the designee of the appropriate Chief of
Mission, who shall conduct a risk assessment of the
alien and an independent review of records maintained by
the United States Government or hiring organization or
entity to confirm employment and faithful and valuable
service to the United States Government prior to
approval of a petition under this section.
(3) Numerical limitations.--
(A) In general.--Except as provided in subparagraph
(C), the total number of principal aliens who may be
provided special immigrant status under this section may
not exceed 1,500 per year for each of the fiscal years
2009, 2010, 2011, 2012, and 2013.
(B) Exclusion from numerical limitations.--Aliens
provided special immigrant status under this subsection
shall not be counted against any numerical limitation
under sections 201(d), 202(a), or 203(b)(4) of the
Immigration and Nationality Act (8 U.S.C. 1151(d),
1152(a), and 1153(b)(4)).
(C) Carry forward.--
(i) Fiscal years 2009 through 2013.--If the
numerical limitation specified in subparagraph (A)
is not reached during a given fiscal year, with
respect to fiscal year 2009, 2010, 2011, 2012, or
2013, the numerical limitation specified in such
subparagraph for the following fiscal year shall
be increased by a number equal to the difference
between--
(I) the numerical limitation
specified in subparagraph (A) for the
given fiscal year; and
(II) the number of principal aliens
provided special immigrant status under
this section during the given fiscal
year.
(ii) Fiscal year 2014.--If the numerical
limitation determined under clause (i) is not
reached in fiscal year 2013, the total number of
principal aliens who may be provided special
immigrant status under this
[[Page 123 STAT. 809]]
subsection for fiscal year 2014 shall be equal to
the difference between--
(I) the numerical limitation
determined under clause (i) for fiscal
year 2013; and
(II) the number of principal aliens
provided such status under this section
during fiscal year 2013.
(4) Prohibition on fees.--The Secretary of Homeland Security
or the Secretary of State may not charge an alien described in
subparagraph (A), (B), or (C) of paragraph (2) any fee in
connection with an application for, or issuance of, a special
immigrant visa under this section.
(5) Assistance with passport issuance.--The Secretary of
State shall make a reasonable effort to ensure that an alien
described in subparagraph (A), (B), or (C) of paragraph (2) who
is issued a special immigrant visa pursuant to this subsection
is provided with the appropriate series Afghan passport
necessary to enter the United States.
(6) Protection of aliens.--The Secretary of State, in
consultation with the heads of other appropriate Federal
agencies, shall make a reasonable effort to provide an alien
described in subparagraph (A), (B), or (C) of paragraph (2) who
is seeking special immigrant status under this subsection
protection or to immediately remove such alien from Afghanistan,
if possible, if the Secretary determines, after consultation,
that such alien is in imminent danger.
(7) Other eligibility for immigrant status.--No alien shall
be denied the opportunity to apply for admission under this
subsection solely because such alien qualifies as an immediate
relative or is eligible for any other immigrant classification.
(8) Resettlement support.--A citizen or national of
Afghanistan who is granted special immigrant status described in
section 101(a)(27) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(27)) shall be eligible for resettlement
assistance, entitlement programs, and other benefits available
to refugees admitted under section 207 of such Act (8 U.S.C.
1157) for a period not to exceed 8 months.
(9) Adjustment of status.--Notwithstanding paragraph (2),
(7), or (8) of subsection (c) of section 245 of the Immigration
and Nationality Act (8 U.S.C. 1255), the Secretary of Homeland
Security may adjust the status of an alien described in
subparagraph (A), (B), or (C) of paragraph (2) of this
subsection or in section 1244(b) of the Refugee Crisis in Iraq
Act of 2007 (Public Law 110-181; 122 Stat. 397) to that of an
alien lawfully admitted for permanent residence under subsection
(a) of such section 245 if the alien--
(A) was paroled or admitted as a nonimmigrant into
the United States; and
(B) is otherwise eligible for special immigrant
status under--
(i)(I) this subsection; or
(II) such section 1244(b); and
(ii) the Immigration and Nationality Act (8
U.S.C. 1101 et seq.).
(10) Report on implementation and authority to carry out
administrative measures.--
[[Page 123 STAT. 810]]
(A) Requirement for report.--Not later than one year
after the date of the enactment of this Act, the
Secretary of Homeland Security and the Secretary of
State, in consultation with the Secretary of Defense,
shall submit to the appropriate committees of Congress a
report on the implementation of this subsection.
(B) Content of report.--The report required by
subparagraph (A) shall describe actions taken, and
additional administrative measures that may be needed,
to ensure the integrity of the program established under
this subsection and the national security interests of
the United States related to such program.
(C) Authority to carry out administrative
measures.--The Secretary of Homeland Security and the
Secretary of State shall implement any additional
administrative measures described in subparagraph (B) as
they may deem necessary and appropriate to ensure the
integrity of the program established under this
subsection and the national security interests of the
United States related to such program.
(11) Annual report on use of special immigrant status.--
(A) Requirement.--Not later than 120 days after the
date of the enactment of this Act, and annually
thereafter, the Secretary of Homeland Security shall
submit to the appropriate committees of Congress a
report on the number of citizens or nationals of
Afghanistan or Iraq who have applied for status as
special immigrants under this subsection or section 1244
of the Refugee Crisis in Iraq Act of 2007 (Public Law
110-181; 122 Stat. 396).
(B) Content.--Each report required by subparagraph
(A) submitted in a fiscal year shall include the
following information for the previous fiscal year:
(i) The number of citizens or nationals of
Afghanistan or Iraq who submitted an application
for status as a special immigrant pursuant to this
section or section 1244 of the Refugee Crisis in
Iraq Act of 2007 (Public Law 110-181; 122 Stat.
396), disaggregated--
(I) by the number of principal
aliens applying for such status; and
(II) by the number of spouses and
children of principal aliens applying
for such status.
(ii) The number of applications referred to in
clause (i) that--
(I) were approved; or
(II) were denied, including a
description of the basis for each
denial.
(c) Information Regarding Citizens or Nationals of Afghanistan
Employed by the United States or Federal Contractors in Afghanistan.--
(1) Requirement to compile information.--
(A) In general.--Not <<NOTE: Deadline. Records.>>
later than 120 days after the date of the enactment of
this Act, the Administrator of the United States Agency
for International Development, the Secretary of Defense,
the Secretary of Homeland Security, the Secretary of
State, and the Secretary of the Treasury shall--
[[Page 123 STAT. 811]]
(i) review internal records and databases of
their respective agencies for information that can
be used to verify employment of citizens or
nationals of Afghanistan by the United States
Government; and
(ii) request from each prime contractor or
grantee that has performed work in Afghanistan
since October 7, 2001, under a contract, grant, or
cooperative agreement with their respective
agencies that is valued in excess of $25,000,
information that may be used to verify the
employment of such citizens or nationals by such
contractor or grantee.
(B) Information required.--To the extent data is
available, the information referred to in subparagraph
(A) shall include the name and dates of employment of,
biometric data for, and other data that can be used to
verify the employment of each citizen or national of
Afghanistan who has performed work in Afghanistan since
October 7, 2001, under a contract, grant, or cooperative
agreement with an executive agency.
(2) Report on establishment of database.--Not later than 120
days after the date of the enactment of this Act, the Secretary
of Defense, in consultation with the Administrator of the United
States Agency for International Development, the Secretary of
Homeland Security, the Secretary of State, and the Secretary of
the Treasury, shall submit to the appropriate committees of
Congress a report examining the options for establishing a
unified and classified database of information related to
contracts, grants, or cooperative agreements entered into by
executive agencies for the performance of work in Afghanistan
since October 7, 2001, including the information described and
collected under paragraph (1), to be used by relevant Federal
departments and agencies to adjudicate refugee, asylum, special
immigrant visa, and other immigration claims and applications.
(3) Report on noncompliance.--Not later than 180 days after
the date of the enactment of this Act, the President shall
submit to the appropriate committees of Congress a report that
describes--
(A) the inability or unwillingness of any contractor
or grantee to provide the information requested under
paragraph (1)(A)(ii); and
(B) the reasons that such contractor or grantee
provided for failing to provide such information.
(4) Executive agency defined.--In this subsection, the term
``executive agency'' has the meaning given that term in section
4 of the Office of Federal Procurement Policy Act (41 U.S.C.
403).
(d) Rule of Construction.--Nothing in this section may be construed
to affect the authority of the Secretary of Homeland Security under
section 1059 of the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163; 8 U.S.C. 1101 note).
This division may be cited as the ``Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act,
2009''.
[[Page 123 STAT. 812]]
DIVISION G--LEGISLATIVE <<NOTE: Legislative Branch Appropriations Act,
2009.>> BRANCH APPROPRIATIONS ACT, 2009
TITLE I <<NOTE: 2 USC 60a note.>>
LEGISLATIVE BRANCH
SENATE
Expense Allowances
For expense allowances of the Vice President, $20,000; the President
Pro Tempore of the Senate, $40,000; Majority Leader of the Senate,
$40,000; Minority Leader of the Senate, $40,000; Majority Whip of the
Senate, $10,000; Minority Whip of the Senate, $10,000; Chairmen of the
Majority and Minority Conference Committees, $5,000 for each Chairman;
and Chairmen of the Majority and Minority Policy Committees, $5,000 for
each Chairman; in all, $180,000.
Representation Allowances for the Majority and Minority Leaders
For representation allowances of the Majority and Minority Leaders
of the Senate, $15,000 for each such Leader; in all, $30,000.
Salaries, Officers and Employees
For compensation of officers, employees, and others as authorized by
law, including agency contributions, $171,699,000, which shall be paid
from this appropriation without regard to the following limitations:
office of the vice president
For the Office of the Vice President, $2,413,000.
office of the president pro tempore
For the Office of the President Pro Tempore, $720,000.
office of the president pro tempore emeritus
For the Office of the President Pro Tempore Emeritus, $100,000.
offices of the majority and minority leaders
For Offices of the Majority and Minority Leaders, $4,998,000.
offices of the majority and minority whips
For Offices of the Majority and Minority Whips, $3,096,000.
committee on appropriations
For salaries of the Committee on Appropriations, $15,200,000.
[[Page 123 STAT. 813]]
conference committees
For the Conference of the Majority and the Conference of the
Minority, at rates of compensation to be fixed by the Chairman of each
such committee, $1,655,000 for each such committee; in all, $3,310,000.
offices of the secretaries of the conference of the majority and the
conference of the minority
For Offices of the Secretaries of the Conference of the Majority and
the Conference of the Minority, $814,000.
policy committees
For salaries of the Majority Policy Committee and the Minority
Policy Committee, $1,690,000 for each such committee; in all,
$3,380,000.
office of the chaplain
For Office of the Chaplain, $397,000.
office of the secretary
For Office of the Secretary, $24,020,000.
office of the sergeant at arms and doorkeeper
For Office of the Sergeant at Arms and Doorkeeper, $66,800,000.
offices of the secretaries for the majority and minority
For Offices of the Secretary for the Majority and the Secretary for
the Minority, $1,758,000.
agency contributions and related expenses
For agency contributions for employee benefits, as authorized by
law, and related expenses, $44,693,000.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative Counsel
of the Senate, $6,743,000.
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal Counsel,
$1,484,000.
Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and Secretaries for the Majority and Minority
of the Senate
For expense allowances of the Secretary of the Senate, $7,500;
Sergeant at Arms and Doorkeeper of the Senate, $7,500; Secretary for the
Majority of the Senate, $7,500; Secretary for the Minority of the
Senate, $7,500; in all, $30,000.
[[Page 123 STAT. 814]]
Contingent Expenses of the Senate
inquiries and investigations
For expenses of inquiries and investigations ordered by the Senate,
or conducted under paragraph 1 of rule XXVI of the Standing Rules of the
Senate, section 112 of the Supplemental Appropriations and Rescission
Act, 1980 (Public Law 96-304), and Senate Resolution 281, 96th Congress,
agreed to March 11, 1980, $137,400,000.
expenses of the united states senate caucus on international narcotics
control
For expenses of the United States Senate Caucus on International
Narcotics Control, $520,000.
secretary of the senate
For expenses of the Office of the Secretary of the Senate,
$2,000,000.
sergeant at arms and doorkeeper of the senate
For expenses of the Office of the Sergeant at Arms and Doorkeeper of
the Senate, $153,601,000, which shall remain available until September
30, 2013.
miscellaneous items
For miscellaneous items, $21,043,000, of which up to $500,000 shall
be made available for a pilot program for mailings of postal patron
postcards by Senators for the purpose of providing notice of a town
meeting by a Senator in a county (or equivalent unit of local
government) at which the Senator will personally attend: Provided, That
any amount allocated to a Senator for such mailing shall not exceed 50
percent of the cost of the mailing and the remaining cost shall be paid
by the Senator from other funds available to the Senator.
senators' official personnel and office expense account
For Senators' Official Personnel and Office Expense Account,
$400,000,000.
Official Mail Costs
For expenses necessary for official mail costs of the Senate,
$300,000.
Administrative Provisions
Sec. 1. <<NOTE: 2 USC 61-1, 61-1 note. Effective date.>> Gross Rate
of Compensation in Offices of Senators. Effective on and after October
1, 2008, each of the dollar amounts contained in the table under section
105(d)(1)(A) of the Legislative Branch Appropriations Act, 1968 (2
U.S.C. 61-1(d)(1)(A)) shall be deemed to be the dollar amounts in that
table, as adjusted by law and in effect on September 30, 2008, increased
by an additional $50,000 each.
Sec. 2. <<NOTE: 2 USC 61h-6.>> Consultants. (a) In General.--
[[Page 123 STAT. 815]]
(1) The first sentence of section 101(a) of the Supplemental
Appropriations Act, 1977 (2 U.S.C. 61h-6(a)) is amended by
striking ``eight individual consultants'' and inserting ``nine
individual consultants''.
(2) The second sentence of section 101(a) of the
Supplemental Appropriations Act, 1977 (2 U.S.C. 61h-6(a)) is
amended by striking ``two individual consultants'' and inserting
``three individual consultants''.
(b) Effective Date.--This <<NOTE: 2 USC 61h-6 note.>> section shall
take effect on the date of enactment of this Act and shall apply to
fiscal year 2009 and each fiscal year thereafter.
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For salaries and expenses of the House of Representatives,
$1,301,267,000, as follows:
house leadership offices
For salaries and expenses, as authorized by law, $25,113,000,
including: Office of the Speaker, $4,879,000, including $25,000 for
official expenses of the Speaker; Office of the Majority Floor Leader,
$2,436,000, including $10,000 for official expenses of the Majority
Leader; Office of the Minority Floor Leader, $4,390,000, including
$10,000 for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip, $2,115,000,
including $5,000 for official expenses of the Majority Whip; Office of
the Minority Whip, including the Chief Deputy Minority Whip, $1,630,000,
including $5,000 for official expenses of the Minority Whip; Speaker's
Office for Legislative Floor Activities, $501,000; Republican Steering
Committee, $950,000; Republican Conference, $1,777,000; Republican
Policy Committee, $337,000; Democratic Steering and Policy Committee,
$1,315,000; Democratic Caucus, $1,749,000; nine minority employees,
$1,502,000; training and program development--majority, $290,000;
training and program development--minority, $290,000; Cloakroom
Personnel--majority, $476,000; and Cloakroom Personnel--minority,
$476,000.
Members' Representational Allowances Including Members' Clerk Hire,
Official Expenses of Members, and Official Mail
For Members' representational allowances, including Members' clerk
hire, official expenses, and official mail, $609,000,000.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special and
select, authorized by House resolutions, $154,000,000: Provided, That
such amount shall remain available for such salaries and expenses until
December 31, 2010, except that $9,500,000 of such amount shall remain
available until expended for committee room upgrading.
[[Page 123 STAT. 816]]
Committee on Appropriations
For salaries and expenses of the Committee on Appropriations,
$31,300,000, including studies and examinations of executive agencies
and temporary personal services for such committee, to be expended in
accordance with section 202(b) of the Legislative Reorganization Act of
1946 and to be available for reimbursement to agencies for services
performed: Provided, That such amount shall remain available for such
salaries and expenses until December 31, 2010.
Salaries, Officers and Employees
For compensation and expenses of officers and employees, as
authorized by law, $187,954,000, including: for salaries and expenses of
the Office of the Clerk, including not more than $23,000, of which not
more than $20,000 is for the Family Room, for official representation
and reception expenses, $27,457,000, of which $500,000 shall remain
available until December 31, 2010 and $2,060,000 shall remain available
until expended; for salaries and expenses of the Office of the Sergeant
at Arms, including the position of Superintendent of Garages, and
including not more than $3,000 for official representation and reception
expenses, $8,355,000; for salaries and expenses of the Office of the
Chief Administrative Officer, including not more than $3,000 for
official representation and reception expenses, $125,838,000, of which
$7,057,000 shall remain available until expended; for salaries and
expenses of the Office of the Inspector General, $4,945,000; for
salaries and expenses of the Office of Emergency Planning, Preparedness
and Operations, $3,974,000, to remain available until expended; for
salaries and expenses of the Office of General Counsel, $1,357,000; for
the Office of the Chaplain, $173,000; for salaries and expenses of the
Office of the Parliamentarian, including the Parliamentarian, $2,000 for
preparing the Digest of Rules, and not more than $1,000 for official
representation and reception expenses, $2,007,000; for salaries and
expenses of the Office of the Law Revision Counsel of the House,
$3,057,000; for salaries and expenses of the Office of the Legislative
Counsel of the House, $8,337,000; for salaries and expenses of the
Office of Interparliamentary Affairs, $777,000; for other authorized
employees, $1,158,000; and for salaries and expenses of the Office of
the Historian, including the costs of the House Fellows Program
(including lodging and related expenses for visiting Program
participants), $519,000.
Allowances and Expenses
For allowances and expenses as authorized by House resolution or
law, $293,900,000, including: supplies, materials, administrative costs
and Federal tort claims, $11,656,000, of which $2,500,000 shall remain
available until expended; official mail for committees, leadership
offices, and administrative offices of the House, $201,000; Government
contributions for health, retirement, Social Security, and other
applicable employee benefits, $260,703,000; supplies, materials, and
other costs relating to the House portion of expenses for the Capitol
Visitor Center, $1,900,000, to remain available until expended; Business
Continuity and Disaster Recovery, $18,698,000, of which $6,260,000 shall
remain available until expended; and
[[Page 123 STAT. 817]]
miscellaneous items including purchase, exchange, maintenance, repair
and operation of House motor vehicles, interparliamentary receptions,
and gratuities to heirs of deceased employees of the House, $742,000.
Child Care Center
For salaries and expenses of the House of Representatives Child Care
Center, such amounts as are deposited in the account established by
section 312(d)(1) of the Legislative Branch Appropriations Act, 1992 (2
U.S.C. 2062), subject to the level specified in the budget of the
Center, as submitted to the Committee on Appropriations of the House of
Representatives.
Administrative Provisions
Sec. 101. (a) Requiring Amounts Remaining in Members'
Representational Allowances To Be Used for Deficit Reduction or To
Reduce the Federal Debt.--Notwithstanding any other provision of law,
any amounts appropriated under this Act for ``HOUSE OF REPRESENTATIVES--
Salaries and Expenses--Members' Representational Allowances'' shall be
available only for fiscal year 2009. Any amount remaining after all
payments are made under such allowances for fiscal year 2009 shall be
deposited in the Treasury and used for deficit reduction (or, if there
is no Federal budget deficit after all such payments have been made, for
reducing the Federal debt, in such manner as the Secretary of the
Treasury considers appropriate).
(b) Regulations.--The Committee on House Administration of the House
of Representatives shall have authority to prescribe regulations to
carry out this section.
(c) Definition.--As used in this section, the term ``Member of the
House of Representatives'' means a Representative in, or a Delegate or
Resident Commissioner to, the Congress.
Sec. 102. (a) The Chief Administrative Officer of the House of
Representatives shall deposit all amounts received as promotional
rebates and incentives on credit card purchases, balances, and payments
into the House Services Revolving Fund under section 105 of the
Legislative Branch Appropriations Act, 2005.
(b) Section 105(a) of the Legislative Branch Appropriations Act,
2005 (2 U.S.C. 117m(a)) is amended by adding at the end the following
new paragraph:
``(6) The collection of promotional rebates and incentives
on credit card purchases, balances, and payments.''.
(c) The <<NOTE: Applicability. 2 USC 117m note.>> amendments made
by this section shall apply with respect to fiscal year 2009 and each
succeeding fiscal year.
Sec. 103. (a) Section 101 of the Legislative Branch Appropriations
Act, 1993 (2 U.S.C. 95b) is amended by adding at the end the following
new subsection:
``(d) Amounts appropriated for any fiscal year for the House of
Representatives under the heading `Allowances and Expenses' may be
transferred to the Architect of the Capitol and made available under the
heading `House Office Buildings', subject to the approval of the
Committee on Appropriations of the House of Representatives.''.
(b) The <<NOTE: Applicability. 2 USC 95b note.>> amendment made by
subsection (a) shall apply with respect to fiscal year 2009 and each
succeeding fiscal year.
[[Page 123 STAT. 818]]
Sec. 104. (a) <<NOTE: Effective dates. 2 USC 74a-10a.>> Effective
with respect to fiscal year 2008 and each succeeding fiscal year, the
aggregate amount otherwise authorized to be appropriated for a fiscal
year for the lump-sum allowance for each of the following offices is
increased as follows:
(1) The allowance for the office of the Majority Floor
Leader is increased by $200,000.
(2) The allowance for the office of the Minority Floor
Leader is increased by $200,000.
(b) Effective <<NOTE: Effective dates.>> with respect to fiscal
year 2009 and each succeeding fiscal year, the aggregate amount
otherwise authorized to be appropriated for a fiscal year for the lump-
sum allowance for each of the following offices is increased as follows:
(1) The allowance for the office of the Majority Whip is
increased by $72,000.
(2) The allowance for the office of the Minority Whip is
increased by $72,000.
Sec. 105. (a) Section 101 of the Legislative Branch Appropriations
Act, 1993 (2 U.S.C. 95b) is amended by striking ``transferred among''
each place it appears in subsections (a), (b), and (c)(1) and inserting
``transferred among and merged with''.
(b) Section 101(c)(2) of such Act (2 U.S.C. 95b(c)) is amended to
read as follows:
``(2) The headings referred to in paragraph (1) are `House
Leadership Offices', `Members' Representational Allowances', `Committee
Employees', `Salaries, Officers and Employees', and `Allowances and
Expenses'.''.
(c) The <<NOTE: Applicability. 2 USC 95b note.>> amendments made by
this section shall apply with respect to fiscal year 2009 and each
succeeding fiscal year.
Sec. 106. Permitting House Child Care Center To Offer Services for
School-Age Children.--Section 312(a)(1) of the Legislative Branch
Appropriations Act, 1992 (2 U.S.C. 2062(a)(1)) is amended by striking
``pre-school child care'' and inserting the following: ``pre-school
child care and (subject to the approval of regulations by the Committee
on House Administration) child care for school age children other than
during the course of the ordinary school day''.
JOINT ITEMS
For Joint Committees, as follows:
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$4,626,000, to be disbursed by the Secretary of the Senate.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on Taxation,
$10,719,000, to be disbursed by the Chief Administrative Officer of the
House of Representatives.
For other joint items, as follows:
Office of the Attending Physician
For medical supplies, equipment, and contingent expenses of the
emergency rooms, and for the Attending Physician and his assistants,
including: (1) an allowance of $2,175 per month to the
[[Page 123 STAT. 819]]
Attending Physician; (2) an allowance of $1,300 per month to one Senior
Medical Officer; (3) an allowance of $725 per month each to three
medical officers while on duty in the Office of the Attending Physician;
(4) an allowance of $725 per month to two assistants and $580 per month
each not to exceed 11 assistants on the basis heretofore provided for
such assistants; and (5) $2,223,000 for reimbursement to the Department
of the Navy for expenses incurred for staff and equipment assigned to
the Office of the Attending Physician, which shall be advanced and
credited to the applicable appropriation or appropriations from which
such salaries, allowances, and other expenses are payable and shall be
available for all the purposes thereof, $3,105,000, to be disbursed by
the Chief Administrative Officer of the House of Representatives.
Office of Congressional Accessibility Services
Salaries and Expenses
For salaries and expenses of the Office of Congressional
Accessibility Services, $800,000, to be disbursed by the Secretary of
the Senate.
CAPITOL GUIDE SERVICE AND SPECIAL SERVICES OFFICE
salaries and expenses
For salaries and expenses of the Capitol Guide Service, $9,940,000,
to be disbursed by the Secretary of the Senate and Special Services
Office.
Statements of Appropriations
For the preparation, under the direction of the Committees on
Appropriations of the Senate and the House of Representatives, of the
statements for the second session of the 110th Congress, showing
appropriations made, indefinite appropriations, and contracts
authorized, together with a chronological history of the regular
appropriations bills as required by law, $30,000, to be paid to the
persons designated by the chairmen of such committees to supervise the
work.
CAPITOL POLICE
Salaries
For salaries of employees of the Capitol Police, including overtime,
hazardous duty pay differential, and Government contributions for
health, retirement, social security, professional liability insurance,
and other applicable employee benefits, $248,000,000, to be disbursed by
the Chief of the Capitol Police or his designee.
General Expenses
For necessary expenses of the Capitol Police, including motor
vehicles, communications and other equipment, security equipment and
installation, uniforms, weapons, supplies, materials, training, medical
services, forensic services, stenographic services, personal and
professional services, the employee assistance program, the awards
program, postage, communication services, travel advances,
[[Page 123 STAT. 820]]
relocation of instructor and liaison personnel for the Federal Law
Enforcement Training Center, and not more than $5,000 to be expended on
the certification of the Chief of the Capitol Police in connection with
official representation and reception expenses, $57,750,000, to be
disbursed by the Chief of the Capitol Police or his designee: Provided,
That, notwithstanding any other provision of law, the cost of basic
training for the Capitol Police at the Federal Law Enforcement Training
Center for fiscal year 2009 shall be paid by the Secretary of Homeland
Security from funds available to the Department of Homeland Security.
Administrative Provision
(including transfer of funds)
Sec. 1001. Transfer Authority.--Amounts appropriated for fiscal year
2009 for the Capitol Police may be transferred between the headings
``salaries'' and ``general expenses'' upon the approval of the
Committees on Appropriations of the House of Representatives and the
Senate.
OFFICE OF COMPLIANCE
Salaries and Expenses
For salaries and expenses of the Office of Compliance, as authorized
by section 305 of the Congressional Accountability Act of 1995 (2 U.S.C.
1385), $4,072,000, of which $800,000 shall remain available until
September 30, 2010: Provided, That the Executive Director of the Office
of Compliance may, within the limits of available appropriations,
dispose of surplus or obsolete personal property by interagency
transfer, donation, or discarding: Provided further, That not more than
$500 may be expended on the certification of the Executive Director of
the Office of Compliance in connection with official representation and
reception expenses.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $6,000 to be
expended on the certification of the Director of the Congressional
Budget Office in connection with official representation and reception
expenses, $44,082,000.
ARCHITECT OF THE CAPITOL
General Administration
For salaries for the Architect of the Capitol, and other personal
services, at rates of pay provided by law; for surveys and studies in
connection with activities under the care of the Architect of the
Capitol; for all necessary expenses for the general and administrative
support of the operations under the Architect of the Capitol including
the Botanic Garden; electrical substations of the Capitol, Senate and
House office buildings, and other facilities under the jurisdiction of
the Architect of the Capitol; including furnishings
[[Page 123 STAT. 821]]
and office equipment; including not more than $5,000 for official
reception and representation expenses, to be expended as the Architect
of the Capitol may approve; for purchase or exchange, maintenance, and
operation of a passenger motor vehicle, $90,659,000, of which $1,505,000
shall remain available until September 30, 2013.
Capitol Building
For all necessary expenses for the maintenance, care and operation
of the Capitol, $35,840,000, of which $10,681,000 shall remain available
until September 30, 2013.
Capitol Grounds
For all necessary expenses for care and improvement of grounds
surrounding the Capitol, the Senate and House office buildings, and the
Capitol Power Plant, $9,649,000, of which $340,000 shall remain
available until September 30, 2013.
Senate Office Buildings
For all necessary expenses for the maintenance, care and operation
of Senate office buildings; and furniture and furnishings to be expended
under the control and supervision of the Architect of the Capitol,
$69,359,000, of which $9,743,000 shall remain available until September
30, 2013.
House Office Buildings
For all necessary expenses for the maintenance, care and operation
of the House office buildings, $65,814,000, of which $19,603,000 shall
remain available until September 30, 2013.
Capitol Power Plant
For all necessary expenses for the maintenance, care and operation
of the Capitol Power Plant; lighting, heating, power (including the
purchase of electrical energy) and water and sewer services for the
Capitol, Senate and House office buildings, Library of Congress
buildings, and the grounds about the same, Botanic Garden, Senate
garage, and air conditioning refrigeration not supplied from plants in
any of such buildings; heating the Government Printing Office and
Washington City Post Office, and heating and chilled water for air
conditioning for the Supreme Court Building, the Union Station complex,
the Thurgood Marshall Federal Judiciary Building and the Folger
Shakespeare Library, expenses for which shall be advanced or reimbursed
upon request of the Architect of the Capitol and amounts so received
shall be deposited into the Treasury to the credit of this
appropriation, $149,042,000, of which $63,570,000 shall remain available
until September 30, 2013: Provided, That not more than $8,000,000 of the
funds credited or to be reimbursed to this appropriation as herein
provided shall be available for obligation during fiscal year 2009.
Library Buildings and Grounds
For all necessary expenses for the mechanical and structural
maintenance, care and operation of the Library buildings and
[[Page 123 STAT. 822]]
grounds, $39,094,000, of which $13,640,000 shall remain available until
September 30, 2013.
Capitol Police Buildings, Grounds and Security
For all necessary expenses for the maintenance, care and operation
of buildings, grounds and security enhancements of the United States
Capitol Police, wherever located, the Alternate Computer Facility, and
AOC security operations, $18,996,000, of which $3,497,000 shall remain
available until September 30, 2013.
Botanic Garden
For all necessary expenses for the maintenance, care and operation
of the Botanic Garden and the nurseries, buildings, grounds, and
collections; and purchase and exchange, maintenance, repair, and
operation of a passenger motor vehicle; all under the direction of the
Joint Committee on the Library, $10,906,000, of which $2,055,000 shall
remain available until September 30, 2013: Provided, That of the amount
made available under this heading, the Architect may obligate and expend
such sums as may be necessary for the maintenance, care and operation of
the National Garden established under section 307E of the Legislative
Branch Appropriations Act, 1989 (2 U.S.C. 2146), upon vouchers approved
by the Architect or a duly authorized designee.
Capitol Visitor Center
For an additional amount for the Capitol Visitor Center project,
$31,124,000, to remain available until expended, and in addition,
$9,103,000 for Capitol Visitor Center operations costs: Provided, That
the Architect of the Capitol may not obligate any of the funds which are
made available for the Capitol Visitor Center project without an
obligation plan approved by the Committees on Appropriations of the
Senate and House of Representatives.
Administrative Provisions
Sec. 1101. <<NOTE: 2 USC 1811 note.>> (a) Collection and Sale of
Recyclable Materials.--
(1) Establishment of program.--The Architect of the Capitol
shall establish a program for the collection and sale of
recyclable materials collected from or on the Capitol buildings
and grounds, in accordance with the procedures applicable under
subchapter III of chapter 5 of subtitle I of title 40, United
States Code to the sale of surplus property by an executive
agency.
(2) Exclusion of materials subject to other programs.--The
program established under this section shall not apply with
respect to any materials which are subject to collection and
sale under--
(A) the third undesignated paragraph under the
center heading ``MISCELLANEOUS'' in the first section of
the Act entitled ``An Act making appropriations for
sundry civil expenses of the government for the fiscal
year ending June thirtieth, eighteen hundred and eighty-
three, and for other purposes'', approved August 7, 1882
(2 U.S.C. 117);
[[Page 123 STAT. 823]]
(B) section 104(a) of the Legislative Branch
Appropriations Act, 1987 (as enacted by reference in
identical form by section 101(j) of Public Law 99-500
and Public Law 99-591) (2 U.S.C. 117e);
(C) the Senate waste recycling program referred to
in section 4 of the Legislative Branch Appropriations
Act, 2001 (2 U.S.C. 121f); or
(D) any other authorized program for the collection
and sale of recyclable materials.
(b) Revolving Fund.--
(1) In general.--There is established in the Treasury a
revolving fund for the Office of the Architect of the Capitol,
which shall consist of--
(A) proceeds from the sale of recyclable materials
under the program established under this section; and
(B) such amounts as may be appropriated under law.
(2) Use of fund.--Amounts <<NOTE: Notice.>> in the
revolving fund established under paragraph (1) shall be
available without fiscal year limitation to the Architect of the
Capitol, subject to the Architect providing prior notice to the
Committees on Appropriations of the House of Representatives and
Senate--
(A) to carry out the program established under this
section;
(B) to carry out authorized programs and activities
of the Architect to improve the environment; and
(C) to carry out authorized programs and activities
of the Architect to promote energy savings.
(c) Effective Date.--This section shall apply with respect to each
of the fiscal years 2009 through 2013.
Sec. 1102. <<NOTE: 2 USC 1823a.>> (a) Permitting Leasing of
Space.--Subject to the availability of funds, the Architect of the
Capitol may acquire real property by lease for the use of the Library of
Congress in any State or the District of Columbia if--
(1) the <<NOTE: Property request.>> Architect of the
Capitol and the Librarian of Congress submit a joint request for
the Architect to lease the property to the Joint Committee on
the Library and to the Committees on Appropriations of the House
of Representatives and Senate; and
(2) the Joint Committee on the Library and the Committees on
Appropriations of the House of Representatives and Senate each
approve the request.
(b) Transfer of Funds.--Subject to the approval of the Joint
Committee on the Library and the Committees on Appropriations of the
House of Representatives and the Senate, the Architect of the Capitol
and the Librarian of Congress may transfer between themselves
appropriations or other available funds to pay the costs incurred in
acquiring real property pursuant to the authority of this section and
the costs of necessary expenses incurred in connection with the
acquisition of the property.
(c) Limit on Obligations.--No obligation entered into pursuant to
the authority of this section shall be in advance of, or in excess of,
available appropriations.
(d) Effective Date.--This section shall apply with respect to fiscal
year 2009 and each succeeding fiscal year.
[[Page 123 STAT. 824]]
LIBRARY OF CONGRESS
Salaries and Expenses
For necessary expenses of the Library of Congress not otherwise
provided for, including development and maintenance of the Library's
catalogs; custody and custodial care of the Library buildings; special
clothing; cleaning, laundering and repair of uniforms; preservation of
motion pictures in the custody of the Library; operation and maintenance
of the American Folklife Center in the Library; preparation and
distribution of catalog records and other publications of the Library;
hire or purchase of one passenger motor vehicle; and expenses of the
Library of Congress Trust Fund Board not properly chargeable to the
income of any trust fund held by the Board, $419,030,000, of which not
more than $6,000,000 shall be derived from collections credited to this
appropriation during fiscal year 2009, and shall remain available until
expended, under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2
U.S.C. 150) and not more than $350,000 shall be derived from collections
during fiscal year 2009 and shall remain available until expended for
the development and maintenance of an international legal information
database and activities related thereto: Provided, That the Library of
Congress may not obligate or expend any funds derived from collections
under the Act of June 28, 1902, in excess of the amount authorized for
obligation or expenditure in appropriations Acts: Provided further, That
the total amount available for obligation shall be reduced by the amount
by which collections are less than $6,350,000: Provided further, That of
the total amount appropriated, $17,959,000 shall remain available until
September 30, 2011 for the partial acquisition of books, periodicals,
newspapers, and all other materials including subscriptions for
bibliographic services for the Library, including $40,000 to be
available solely for the purchase, when specifically approved by the
Librarian, of special and unique materials for additions to the
collections: Provided further, That of the total amount appropriated,
not more than $12,000 may be expended, on the certification of the
Librarian of Congress, in connection with official representation and
reception expenses for the Overseas Field Offices: Provided further,
That of the total amount appropriated, $7,170,000 shall remain available
until expended for the digital collections and educational curricula
program: Provided further, That of the total amount appropriated,
$1,495,000 shall remain available until expended, and shall be
transferred to the Abraham Lincoln Bicentennial Commission for carrying
out the purposes of Public Law 106-173, of which $10,000 may be used for
official representation and reception expenses of the Abraham Lincoln
Bicentennial Commission: Provided further, That of the total amount
appropriated, $560,000 shall be transferred to the Federal Library and
Information Center's FEDLINK Program: <<NOTE: Grants.>> Provided
further, That of the total amount appropriated, $190,000 shall be used
to provide a grant to the New York Historical Society for the
digitization of its collection: <<NOTE: Grants.>> Provided further,
That of the total amount appropriated, $95,000 shall be used to provide
a grant to the University of Florida for development of a library of
original case studies.
[[Page 123 STAT. 825]]
Copyright Office
salaries and expenses
For necessary expenses of the Copyright Office, $51,592,000, of
which not more than $28,751,000, to remain available until expended,
shall be derived from collections credited to this appropriation during
fiscal year 2009 under section 708(d) of title 17, United States Code:
Provided, That the Copyright Office may not obligate or expend any funds
derived from collections under such section, in excess of the amount
authorized for obligation or expenditure in appropriations Acts:
Provided further, That not more than $4,564,000 shall be derived from
collections during fiscal year 2009 under sections 111(d)(2), 119(b)(2),
803(e), 1005, and 1316 of such title: Provided further, That the total
amount available for obligation shall be reduced by the amount by which
collections are less than $33,315,000: Provided further, That not more
than $100,000 of the amount appropriated is available for the
maintenance of an ``International Copyright Institute'' in the Copyright
Office of the Library of Congress for the purpose of training nationals
of developing countries in intellectual property laws and policies:
Provided further, That not more than $4,250 may be expended, on the
certification of the Librarian of Congress, in connection with official
representation and reception expenses for activities of the
International Copyright Institute and for copyright delegations,
visitors, and seminars: Provided further, That notwithstanding any
provision of chapter 8 of title 17, United States Code, any amounts made
available under this heading which are attributable to royalty fees and
payments received by the Copyright Office pursuant to sections 111, 119,
and chapter 10 of such title may be used for the costs incurred in the
administration of the Copyright Royalty Judges program, with the
exception of the costs of salaries and benefits for the Copyright
Royalty Judges and staff under section 802(e).
Congressional Research Service
salaries and expenses
For necessary expenses to carry out the provisions of section 203 of
the Legislative Reorganization Act of 1946 (2 U.S.C. 166) and to revise
and extend the Annotated Constitution of the United States of America,
$107,323,000: Provided, That no part of such amount may be used to pay
any salary or expense in connection with any publication, or preparation
of material therefor (except the Digest of Public General Bills), to be
issued by the Library of Congress unless such publication has obtained
prior approval of either the Committee on House Administration of the
House of Representatives or the Committee on Rules and Administration of
the Senate.
Books for the Blind and Physically Handicapped
salaries and expenses
For salaries and expenses to carry out the Act of March 3, 1931
(chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $68,816,000, of which
$30,155,000 shall remain available until expended: Provided, That of the
total amount appropriated, $650,000 shall be
[[Page 123 STAT. 826]]
available to contract to provide newspapers to blind and physically
handicapped residents at no cost to the individual.
Administrative Provisions
Sec. 1201. Incentive Awards Program.--Of the amounts appropriated to
the Library of Congress in this Act, not more than $5,000 may be
expended, on the certification of the Librarian of Congress, in
connection with official representation and reception expenses for the
incentive awards program.
Sec. 1202. Reimbursable and Revolving Fund Activities. (a) In
General.--For fiscal year 2009, the obligational authority of the
Library of Congress for the activities described in subsection (b) may
not exceed $134,212,000.
(b) Activities.--The activities referred to in subsection (a) are
reimbursable and revolving fund activities that are funded from sources
other than appropriations to the Library in appropriations Acts for the
legislative branch.
(c) Transfer of Funds.--During fiscal year 2009, the Librarian of
Congress may temporarily transfer funds appropriated in this Act, under
the heading ``Library of Congress'', under the subheading ``Salaries and
expenses'', to the revolving fund for the FEDLINK Program and the
Federal Research Program established under section 103 of the Library of
Congress Fiscal Operations Improvement Act of 2000 (Public Law 106-481;
2 U.S.C. 182c): Provided, That the total amount of such transfers may
not exceed $1,900,000: Provided further, That the appropriate revolving
fund account shall reimburse the Library for any amounts transferred to
it before the period of availability of the Library appropriation
expires.
Sec. 1203. Transfer Authority. (a) In General.--Amounts appropriated
for fiscal year 2009 for the Library of Congress may be transferred
during fiscal year 2009 between any of the headings under the heading
``Library of Congress'' upon the approval of the Committees on
Appropriations of the Senate and the House of Representatives.
(b) Limitation.--Not more than 10 percent of the total amount of
funds appropriated to the account under any heading under the heading
``Library of Congress'' for fiscal year 2009 may be transferred from
that account by all transfers made under subsection (a).
Sec. 1204. Abraham Lincoln Bicentennial Commission. Section 5(d) of
the Abraham Lincoln Bicentennial Commission Act (36 U.S.C. note prec.
101; Public Law 106-173) is amended by striking ``that member may
continue to serve on the Commission for not longer than the 30-day
period beginning on the date that member ceases to be a Member of
Congress'' and inserting ``that member may continue to serve on the
Commission for the life of the Commission''.
GOVERNMENT PRINTING OFFICE
Congressional Printing and Binding
(including transfer of funds)
For authorized printing and binding for the Congress and the
distribution of Congressional information in any format; printing and
binding for the Architect of the Capitol; expenses necessary
[[Page 123 STAT. 827]]
for preparing the semimonthly and session index to the Congressional
Record, as authorized by law (section 902 of title 44, United States
Code); printing and binding of Government publications authorized by law
to be distributed to Members of Congress; and printing, binding, and
distribution of Government publications authorized by law to be
distributed without charge to the recipient, $96,828,000: Provided, That
this appropriation shall not be available for paper copies of the
permanent edition of the Congressional Record for individual
Representatives, Resident Commissioners or Delegates authorized under
section 906 of title 44, United States Code: Provided further, That this
appropriation shall be available for the payment of obligations incurred
under the appropriations for similar purposes for preceding fiscal
years: Provided further, That notwithstanding the 2-year limitation
under section 718 of title 44, United States Code, none of the funds
appropriated or made available under this Act or any other Act for
printing and binding and related services provided to Congress under
chapter 7 of title 44, United States Code, may be expended to print a
document, report, or publication after the 27-month period beginning on
the date that such document, report, or publication is authorized by
Congress to be printed, unless Congress reauthorizes such printing in
accordance with section 718 of title 44, United States Code: Provided
further, That any unobligated or unexpended balances in this account or
accounts for similar purposes for preceding fiscal years may be
transferred to the Government Printing Office revolving fund for
carrying out the purposes of this heading, subject to the approval of
the Committees on Appropriations of the House of Representatives and
Senate.
Office of Superintendent of Documents
salaries and expenses
(including transfer of funds)
For expenses of the Office of Superintendent of Documents necessary
to provide for the cataloging and indexing of Government publications
and their distribution to the public, Members of Congress, other
Government agencies, and designated depository and international
exchange libraries as authorized by law, $38,744,000: Provided, That
amounts of not more than $2,000,000 from current year appropriations are
authorized for producing and disseminating Congressional serial sets and
other related publications for fiscal years 2007 and 2008 to depository
and other designated libraries: Provided further, That any unobligated
or unexpended balances in this account or accounts for similar purposes
for preceding fiscal years may be transferred to the Government Printing
Office revolving fund for carrying out the purposes of this heading,
subject to the approval of the Committees on Appropriations of the House
of Representatives and Senate.
Government Printing Office Revolving Fund
For payment to the Government Printing Office Revolving Fund,
$4,995,000 for information technology development and facilities repair:
Provided, That the Government Printing Office is hereby authorized to
make such expenditures, within the limits of funds available and in
accordance with law, and to make such contracts
[[Page 123 STAT. 828]]
and commitments without regard to fiscal year limitations as provided by
section 9104 of title 31, United States Code, as may be necessary in
carrying out the programs and purposes set forth in the budget for the
current fiscal year for the Government Printing Office revolving fund:
Provided further, That not more than $5,000 may be expended on the
certification of the Public Printer in connection with official
representation and reception expenses: Provided further, That the
revolving fund shall be available for the hire or purchase of not more
than 12 passenger motor vehicles: Provided further, That expenditures in
connection with travel expenses of the advisory councils to the Public
Printer shall be deemed necessary to carry out the provisions of title
44, United States Code: Provided further, That the revolving fund shall
be available for temporary or intermittent services under section
3109(b) of title 5, United States Code, but at rates for individuals not
more than the daily equivalent of the annual rate of basic pay for level
V of the Executive Schedule under section 5316 of such title: Provided
further, That activities financed through the revolving fund may provide
information in any format: Provided further, That the revolving fund and
the funds provided under the headings ``Office of Superintendent of
Documents'' and ``Salaries and Expenses'' may not be used for contracted
security services at GPO's passport facility in the District of
Columbia.
GOVERNMENT ACCOUNTABILITY OFFICE
salaries and expenses
For necessary <<NOTE: Regulations.>> expenses of the Government
Accountability Office, including not more than $12,500 to be expended on
the certification of the Comptroller General of the United States in
connection with official representation and reception expenses;
temporary or intermittent services under section 3109(b) of title 5,
United States Code, but at rates for individuals not more than the daily
equivalent of the annual rate of basic pay for level IV of the Executive
Schedule under section 5315 of such title; hire of one passenger motor
vehicle; advance payments in foreign countries in accordance with
section 3324 of title 31, United States Code; benefits comparable to
those payable under sections 901(5), (6), and (8) of the Foreign Service
Act of 1980 (22 U.S.C. 4081(5), (6), and (8)); and under regulations
prescribed by the Comptroller General of the United States, rental of
living quarters in foreign countries, $531,000,000: Provided, That not
more than $5,375,000 of payments received under section 782 of title 31,
United States Code, shall be available for use in fiscal year 2009:
Provided further, That not more than $2,260,000 of reimbursements
received under section 9105 of title 31, United States Code, shall be
available for use in fiscal year 2009: Provided further, That this
appropriation and appropriations for administrative expenses of any
other department or agency which is a member of the National
Intergovernmental Audit Forum or a Regional Intergovernmental Audit
Forum shall be available to finance an appropriate share of either
Forum's costs as determined by the respective Forum, including necessary
travel expenses of non-Federal participants: Provided further, That
payments hereunder to the Forum may be credited as reimbursements to any
appropriation from which costs involved are initially financed.
[[Page 123 STAT. 829]]
Administrative Provision
Sec. 1301. Repeal and Modification of Certain Reporting
Requirements. (a) Spectrum Relocation Fund Transfers.--Section
118(e)(1)(B) of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 928(e)(1)(B)) is amended--
(1) in clause (ii) by adding ``and'' after the semicolon;
(2) in clause (iii) by striking ``; and'' and inserting a
period; and
(3) by striking clause (iv).
(b) Use of Funds in Projects Constructed Under Projected Cost.--
Section 211(d) of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3151(d)) is amended by striking subsection (d) and inserting
the following:
``(d) Review by Comptroller General.--The Comptroller General of the
United States shall regularly review the implementation of this
section.''.
(c) GAO Study and Report on Impact of Safe Harbor on Medigap
Policies.--Section 5201(b)(2) of title V of division J of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public
Law 105-277; 42 U.S.C. 1320a-7a note) is repealed.
(d) GAO Report on Date Rape Drug Campaign.--Section 7(b)(3) of the
Hillary J. Farias and Samantha Reid Date-Rape Drug Prohibition Act of
2000 (Public Law 106-172; 21 U.S.C. 801 note) is repealed.
(e) Inspector General Audit and GAO Report on Enrollees Eligible for
Medicaid.--Section 2108(d) of the Social Security Act (42 U.S.C.
1397hh(d)) is amended--
(1) in the heading by striking ``and GAO Report''; and
(2) by striking paragraph (3).
(f) GAO Report on MA Regional Plan Stabilization Fund.--Section
1858(e)(7) of the Social Security Act (42 U.S.C. 1395w-27a(e)(7)) is
repealed.
(g) Breast Implants; Study by Comptroller General.--Section 214 of
the Medical Device User Fee and Modernization Act of 2002 (Public Law
107-250; 42 U.S.C. 289g-3 note) is repealed.
(h) Disposition of Rights.--Section 202(b) of title 35, United
States Code is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraph (4) as paragraph (3).
OPEN WORLD LEADERSHIP CENTER TRUST FUND
For a payment to the Open World Leadership Center Trust Fund for
financing activities of the Open World Leadership Center under section
313 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1151),
$13,900,000.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
For payment to the John C. Stennis Center for Public Service
Development Trust Fund established under section 116 of the John C.
Stennis Center for Public Service Training and Development Act (2 U.S.C.
1105), $430,000.
[[Page 123 STAT. 830]]
TITLE II
GENERAL PROVISIONS
Sec. 201. Maintenance and Care of Private Vehicles. No part of the
funds appropriated in this Act shall be used for the maintenance or care
of private vehicles, except for emergency assistance and cleaning as may
be provided under regulations relating to parking facilities for the
House of Representatives issued by the Committee on House Administration
and for the Senate issued by the Committee on Rules and Administration.
Sec. 202. Fiscal Year Limitation. No part of the funds appropriated
in this Act shall remain available for obligation beyond fiscal year
2009 unless expressly so provided in this Act.
Sec. 203. Rates of Compensation and Designation. Whenever in this
Act any office or position not specifically established by the
Legislative Pay Act of 1929 (46 Stat. 32 et seq.) is appropriated for or
the rate of compensation or designation of any office or position
appropriated for is different from that specifically established by such
Act, the rate of compensation and the designation in this Act shall be
the permanent law with respect thereto: Provided, That the provisions in
this Act for the various items of official expenses of Members,
officers, and committees of the Senate and House of Representatives, and
clerk hire for Senators and Members of the House of Representatives
shall be the permanent law with respect thereto.
Sec. 204. <<NOTE: Contracts.>> Consulting Services. The expenditure
of any appropriation under this Act for any consulting service through
procurement contract, under section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures are a matter
of public record and available for public inspection, except where
otherwise provided under existing law, or under existing Executive order
issued under existing law.
Sec. 205. Awards and Settlements. Such sums as may be necessary are
appropriated to the account described in subsection (a) of section 415
of the Congressional Accountability Act of 1995 (2 U.S.C. 1415(a)) to
pay awards and settlements as authorized under such subsection.
Sec. 206. Costs of LBFMC. Amounts available for administrative
expenses of any legislative branch entity which participates in the
Legislative Branch Financial Managers Council (LBFMC) established by
charter on March 26, 1996, shall be available to finance an appropriate
share of LBFMC costs as determined by the LBFMC, except that the total
LBFMC costs to be shared among all participating legislative branch
entities (in such allocations among the entities as the entities may
determine) may not exceed $2,000.
Sec. 207. Landscape Maintenance. The Architect of the Capitol, in
consultation with the District of Columbia, is authorized to maintain
and improve the landscape features, excluding streets in the irregular
shaped grassy areas bounded by Washington Avenue SW on the northeast,
Second Street SW on the west, Square 582 on the south, and the beginning
of the I-395 tunnel on the southeast.
Sec. 208. Limitation on Transfers. None of the funds made available
in this Act may be transferred to any department, agency,
[[Page 123 STAT. 831]]
or instrumentality of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act or any
other appropriation Act.
Sec. 209. Guided Tours of the Capitol. (a) Except as provided in
subsection (b), none of the funds made available to the Architect of the
Capitol in this Act may be used to eliminate guided tours of the United
States Capitol which are led by employees and interns of offices of
Members of Congress and other offices of the House of Representatives
and Senate.
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol with the approval of the
Capitol Police Board, guided tours of the United States Capitol which
are led by employees and interns described in subsection (a) may be
suspended temporarily or otherwise subject to restriction for security
or related reasons to the same extent as guided tours of the United
States Capitol which are led by the Architect of the Capitol.
Sec. 210. Limitation on Certain Inspectors General Authority To Use
Firearms. None of the funds made available in this Act may be used by
the Inspector General of the Architect of the Capitol or the Inspector
General of the Library of Congress to purchase, maintain, or carry any
firearm.
This division may be cited as the ``Legislative Branch
Appropriations Act, 2009''.
DIVISION H--DEPARTMENT <<NOTE: Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2009.>> OF STATE, FOREIGN
OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2009
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(including transfer of funds)
For necessary expenses of the Department of State and the Foreign
Service not otherwise provided for, $5,360,318,000, of which
$1,117,000,000 is for Worldwide Security Protection (to remain available
until expended), to be allocated as follows:
(1) Human resources.--For necessary expenses for training,
human resources management, and salaries, including employment
without regard to civil service and classification laws of
persons on a temporary basis (not to exceed $700,000), as
authorized by section 801 of the United States Information and
Educational Exchange Act of 1948, $2,118,598,000 to remain
available until September 30, 2010, of which not less than
$130,637,000 shall be available only for public diplomacy
American salaries.
(2) Overseas programs.--For necessary expenses for the
regional bureaus of the Department of State and overseas
activities as authorized by law, $1,548,617,000, to remain
available until September 30, 2010, of which not less than
[[Page 123 STAT. 832]]
$264,169,000 shall be available only for public diplomacy
international information programs.
(3) Diplomatic policy and support.--For necessary expenses
for the functional bureaus of the Department of State including
representation to certain international organizations in which
the United States participates pursuant to treaties ratified
pursuant to the advice and consent of the Senate or specific
Acts of Congress, general administration, and arms control,
nonproliferation and disarmament activities as authorized,
$585,078,000, to remain available until September 30, 2010.
(4) Security programs.--For necessary expenses for security
activities, $1,108,025,000, to remain available until September
30, 2010.
(5) Fees and payments collected.--In addition to amounts
otherwise made available under this heading--
(A) not to exceed $1,605,150 shall be derived from
fees collected from other executive agencies for lease
or use of facilities located at the International Center
in accordance with section 4 of the International Center
Act, and, in addition, as authorized by section 5 of
such Act, $490,000, to be derived from the reserve
authorized by that section, to be used for the purposes
set out in that section;
(B) as authorized by section 810 of the United
States Information and Educational Exchange Act, not to
exceed $6,000,000, to remain available until expended,
may be credited to this appropriation from fees or other
payments received from English teaching, library, motion
pictures, and publication programs and from fees from
educational advising and counseling and exchange visitor
programs; and
(C) not to exceed $15,000, which shall be derived
from reimbursements, surcharges and fees for use of
Blair House facilities.
(6) Transfer and reprogramming.--
(A) Notwithstanding any provision of this Act, funds
may be reprogrammed within and between subsections under
this heading subject to section 7015 of this Act.
(B) Of the amount made available under this heading,
not to exceed $10,000,000 may be transferred to, and
merged with, funds made available by this Act under the
heading ``Emergencies in the Diplomatic and Consular
Service'', to be available only for emergency
evacuations and rewards, as authorized.
(C) Funds appropriated under this heading are
available for acquisition by exchange or purchase of
passenger motor vehicles as authorized by law and,
pursuant to 31 U.S.C. 1108(g), for the field examination
of programs and activities in the United States funded
from any account contained in this title.
CIVILIAN STABILIZATION INITIATIVE <<NOTE: Establishment.>>
For necessary expenses to establish, support, maintain, mobilize,
and deploy a civilian response corps in coordination with the United
States Agency for International Development, and for related
reconstruction and stabilization assistance to prevent or
[[Page 123 STAT. 833]]
respond to conflict or civil strife in foreign countries or regions, or
to enable transition from such strife, $45,000,000, to remain available
until expended: Provided, That up to $23,014,000 may be made available
in fiscal year 2009 to provide administrative expenses for the Office of
the Coordinator for Reconstruction and
Stabilization: <<NOTE: President. Transfer authority. Notification.>>
Provided further, That notwithstanding any other provision of law and
following consultation with the Committees on Appropriations, the
President may exercise transfer authorities contained in the Foreign
Assistance Act of 1961 for reconstruction and stabilization assistance
managed by the Office of the Coordinator for Reconstruction and
Stabilization, United States Department of State, only to support an
actively deployed civilian response corps, subject to the regular
notification procedures of the Committees on
Appropriations: <<NOTE: Deadline. Spending plan.>> Provided further,
That not later than 60 days after enactment of this Act, the Secretary
of State and the Administrator of the United States Agency for
International Development shall submit a coordinated joint spending plan
for funds made available under this heading and under the heading
``Civilian Stabilization Initiative'' in title II of this Act.
Capital Investment Fund
For necessary expenses of the Capital Investment Fund, $71,000,000,
to remain available until expended, as authorized: Provided, That
section 135(e) of Public Law 103-236 shall not apply to funds available
under this heading.
office of inspector general
For necessary expenses of the Office of Inspector General,
$37,000,000, notwithstanding section 209(a)(1) of the Foreign Service
Act of 1980 (Public Law 96-465), as it relates to post inspections.
Educational and Cultural Exchange Programs
For expenses of educational and cultural exchange programs, as
authorized, $538,000,000, to remain available until expended: Provided,
That not to exceed $5,000,000, to remain available until expended, may
be credited to this appropriation from fees or other payments received
from or in connection with English teaching, educational advising and
counseling programs, and exchange visitor programs as authorized.
Representation Allowances
For representation allowances as authorized, $8,175,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the Secretary of
State to provide for extraordinary protective services, as authorized,
$22,814,000, to remain available until September 30, 2010.
Embassy Security, Construction, and Maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292-303), preserving, maintaining,
repairing, and planning for buildings that are owned or directly leased
by the Department of State, renovating, in addition to funds
[[Page 123 STAT. 834]]
otherwise available, the Harry S Truman Building, and carrying out the
Diplomatic Security Construction Program as authorized, $801,344,000, to
remain available until expended as authorized, of which not to exceed
$25,000 may be used for domestic and overseas representation as
authorized: Provided, That none of the funds appropriated in this
paragraph shall be available for acquisition of furniture, furnishings,
or generators for other departments and agencies.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $770,000,000, to remain
available until expended: <<NOTE: Plans.>> Provided, That funds made
available by this paragraph may not be obligated until a plan is
submitted to the Committees on Appropriations with the proposed
allocation of funds made available by this Act and by proceeds of sales
for all projects in fiscal year 2009: <<NOTE: Consultation.>> Provided
further, That the Under Secretary for Management, United States
Department of State, shall consult with the Committees on Appropriations
on a regular and ongoing basis on the design of any proposed self-
financed New Embassy Compound.
In addition, for necessary expenses for overseas facility
construction and related costs for the United States Agency for
International Development, pursuant to section 667 of the Foreign
Assistance Act of 1961, $135,225,000, to remain available until
expended.
emergencies in the diplomatic and consular service
(including transfer of funds)
For necessary expenses to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service,
$9,000,000, to remain available until expended as authorized, of which
not to exceed $1,000,000 may be transferred to, and merged with, funds
appropriated by this Act under the heading ``Repatriation Loans Program
Account'', subject to the same terms and conditions.
BUYING POWER MAINTENANCE ACCOUNT
To offset adverse fluctuations in foreign currency exchange rates
and/or overseas wage and price changes, as authorized by section 24(b)
of the State Department Basic Authorities Act of 1956 (22 U.S.C.
2696(b)), $5,000,000, to remain available until expended.
Repatriation Loans Program Account
(Including Transfer of Funds)
For the cost of direct loans, $678,000, as authorized: Provided,
That such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974.
In addition, for administrative expenses necessary to carry out the
direct loan program, $675,000, which may be transferred to, and merged
with, funds made available under the heading ``Diplomatic and Consular
Programs''.
[[Page 123 STAT. 835]]
Payment to the American Institute in Taiwan
For necessary expenses to carry out the Taiwan Relations Act (Public
Law 96-8), $16,840,000.
Payment to the Foreign Service Retirement and Disability Fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized by law, $157,100,000.
International Organizations
contributions to international organizations <<NOTE: 22 USC 269a
note.>>
For necessary expenses, not otherwise provided for, to meet annual
obligations of membership in international multilateral organizations,
pursuant to treaties ratified pursuant to the advice and consent of the
Senate, conventions or specific Acts of Congress,
$1,529,400,000: <<NOTE: Budget. United Nations.>> Provided, That the
Secretary of State shall, at the time of the submission of the
President's budget to Congress under section 1105(a) of title 31, United
States Code, transmit to the Committees on Appropriations the most
recent biennial budget prepared by the United Nations for the operations
of the United Nations: <<NOTE: Notification. Deadline. United
Nations.>> Provided further, That the Secretary of State shall notify
the Committees on Appropriations at least 15 days in advance (or in an
emergency, as far in advance as is practicable) of any United Nations
action to increase funding for any United Nations program without
identifying an offsetting decrease elsewhere in the United Nations
budget: Provided further, That any payment of arrearages under this
title shall be directed toward activities that are mutually agreed upon
by the United States and the respective international organization:
Provided further, That none of the funds appropriated in this paragraph
shall be available for a United States contribution to an international
organization for the United States share of interest costs made known to
the United States Government by such organization for loans incurred on
or after October 1, 1984, through external borrowings.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $1,517,000,000, of
which 15 percent shall remain available until September 30,
2010: <<NOTE: Deadline. Notifications. Human trafficking.>> Provided,
That none of the funds made available by this Act shall be obligated or
expended for any new or expanded United Nations peacekeeping mission
unless, at least 15 days in advance of voting for the new or expanded
mission in the United Nations Security Council (or in an emergency as
far in advance as is practicable): (1) the Committees on Appropriations
are notified of the estimated cost and length of the mission, the
national interest that will be served, and the planned exit strategy;
(2) the Committees on Appropriations are notified that the United
Nations has taken appropriate measures to prevent United Nations
employees, contractor personnel, and peacekeeping forces serving in any
United Nations peacekeeping mission from trafficking in persons,
exploiting
[[Page 123 STAT. 836]]
victims of trafficking, or committing acts of illegal sexual
exploitation, and to hold accountable individuals who engage in such
acts while participating in the peacekeeping mission, including the
prosecution in their home countries of such individuals in connection
with such acts; and (3) notification pursuant to section 7015 of this
Act is submitted, and the procedures therein followed, setting forth the
source of funds that will be used to pay for the cost of the new or
expanded mission: <<NOTE: Certification.>> Provided further, That funds
shall be available for peacekeeping expenses only upon a certification
by the Secretary of State to the Committees on Appropriations that
American manufacturers and suppliers are being given opportunities to
provide equipment, services, and material for United Nations
peacekeeping activities equal to those being given to foreign
manufacturers and suppliers.
International Commissions <<NOTE: 22 USC 269a note.>>
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and Mexico,
and to comply with laws applicable to the United States Section,
including not to exceed $6,000 for representation; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $32,256,000.
Construction
For detailed plan preparation and construction of authorized
projects, $43,250,000, to remain available until expended, as
authorized.
American Sections, International Commissions
For necessary <<NOTE: Canada. Great Britain.>> expenses, not
otherwise provided, $11,649,000, of which $7,559,000 is for the
International Joint Commission and $1,970,000 is for the International
Boundary Commission, United States and Canada, as authorized by treaties
between the United States and Canada or Great Britain, and $2,120,000 is
for the Border Environment Cooperation Commission as authorized by
Public Law 103-182: Provided, That <<NOTE: Availability
date. Reports.>> of the amount provided under this heading for the
International Joint Commission, $9,000 may be made available for
representation expenses 45 days after submission to the Committees on
Appropriations of a report detailing obligations, expenditures, and
associated activities for fiscal years 2006, 2007, and 2008, including
any unobligated funds which expired at the end of each fiscal year and
the justification for why such funds were not obligated.
[[Page 123 STAT. 837]]
international fisheries commissions
For necessary expenses for international fisheries commissions, not
otherwise provided for, as authorized by law, $29,925,000: Provided,
That the United States share of such expenses may be advanced to the
respective commissions pursuant to 31 U.S.C. 3324.
RELATED AGENCY
Broadcasting Board of Governors
International Broadcasting Operations
For necessary <<NOTE: Cuba. Middle East.>> expenses to enable the
Broadcasting Board of Governors, as authorized, to carry out
international communication activities, including the purchase, rent,
construction, and improvement of facilities for radio and television
transmission and reception and purchase, lease, and installation of
necessary equipment for radio and television transmission and reception
to Cuba, and to make and supervise grants for radio and television
broadcasting to the Middle East, $698,187,000: Provided, That of the
total amount in this heading, not to exceed $16,000 may be used for
official receptions within the United States as authorized, not to
exceed $35,000 may be used for representation abroad as authorized, and
not to exceed $39,000 may be used for official reception and
representation expenses of Radio Free Europe/Radio Liberty; and in
addition, notwithstanding any other provision of law, not to exceed
$2,000,000 in receipts from advertising and revenue from business
ventures, not to exceed $500,000 in receipts from cooperating
international organizations, and not to exceed $1,000,000 in receipts
from privatization efforts of the Voice of America and the International
Broadcasting Bureau, to remain available until expended for carrying out
authorized purposes.
broadcasting capital improvements
For the purchase, rent, construction, and improvement of facilities
for radio and television transmission and reception, and purchase and
installation of necessary equipment for radio and television
transmission and reception as authorized, $11,296,000, to remain
available until expended, as authorized.
RELATED PROGRAMS
The Asia Foundation
For a grant to the Asia Foundation, as authorized by the Asia
Foundation Act (22 U.S.C. 4402), $16,000,000, to remain available until
expended, as authorized.
United States Institute of Peace
For necessary expenses of the United States Institute of Peace as
authorized in the United States Institute of Peace Act, $31,000,000, to
remain available until September 30, 2010.
[[Page 123 STAT. 838]]
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-Western
Dialogue Trust Fund, the total amount of the interest and earnings
accruing to such Fund on or before September 30, 2009, to remain
available until expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
earnings accruing to the Eisenhower Exchange Fellowship Program Trust
Fund on or before September 30, 2009, to remain available until
expended: Provided, That none of the funds appropriated herein shall be
used to pay any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the rate
authorized by 5 U.S.C. 5376; or for purposes which are not in accordance
with OMB Circulars A-110 (Uniform Administrative Requirements) and A-122
(Cost Principles for Non-profit Organizations), including the
restrictions on compensation for personal services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship Program as
authorized by section 214 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings
accruing to the Israeli Arab Scholarship Fund on or before September 30,
2009, to remain available until expended.
East-West Center
To enable <<NOTE: Hawaii.>> the Secretary of State to provide for
carrying out the provisions of the Center for Cultural and Technical
Interchange Between East and West Act of 1960, by grant to the Center
for Cultural and Technical Interchange Between East and West in the
State of Hawaii, $21,000,000: Provided, That none of the funds
appropriated herein shall be used to pay any salary, or enter into any
contract providing for the payment thereof, in excess of the rate
authorized by 5 U.S.C. 5376.
National Endowment for Democracy
For grants made by the Department of State to the National Endowment
for Democracy, as authorized by the National Endowment for Democracy
Act, $115,000,000, to remain available until expended, of which
$100,000,000 shall be allocated in the traditional and customary manner
among the core institutes and $15,000,000 shall be for democracy, human
rights, and rule of law programs, of which $250,000 shall be for
programs and activities in Tibet: Provided,
That <<NOTE: Deadline. Reports.>> the President of the National
Endowment for Democracy shall provide to the Committees on
Appropriations not later than 45 days after the date of enactment of
this Act a report on the proposed uses of funds under this heading on a
regional and country basis: Provided further, That funds made available
by this Act for the promotion of democracy may be made available
[[Page 123 STAT. 839]]
for the National Endowment for Democracy notwithstanding any other
provision of law or regulation.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
SALARIES AND EXPENSES
For necessary expenses for the Commission for the Preservation of
America's Heritage Abroad, $599,000, as authorized by section 1303 of
Public Law 99-83.
Commission on International Religious Freedom
SALARIES AND EXPENSES
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of the
International Religious Freedom Act of 1998 (Public Law 105-292),
$4,000,000, to remain available until September 30, 2010.
Commission on Security and Cooperation in Europe
SALARIES AND EXPENSES
For necessary expenses of the Commission on Security and Cooperation
in Europe, as authorized by Public Law 94-304, $2,610,000, to remain
available until September 30, 2010.
Congressional-Executive Commission on the People's Republic of China
SALARIES AND EXPENSES
For necessary expenses of the Congressional-Executive Commission on
the People's Republic of China, as authorized, $2,000,000, including not
more than $3,000 for the purpose of official representation, to remain
available until September 30, 2010.
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic and
Security Review Commission, $4,000,000, including not more than $4,000
for the purpose of official representation, to remain available until
September 30, 2010: <<NOTE: Deadlines. Reports.>> Provided, That the
Commission shall provide to the Committees on Appropriations a quarterly
accounting of the cumulative balances of any unobligated funds that were
received by the Commission during any previous fiscal
year: <<NOTE: Applicability.>> Provided further, That section 308(e) of
the United States-China Relations Act of 2000 (22 U.S.C. 6918(e))
(relating to the treatment of employees as Congressional employees), and
section 309 of such Act (22 U.S.C. 6919) (relating to printing and
binding costs), shall apply to the Commission in the same manner as such
section applies to the Congressional-Executive Commission
[[Page 123 STAT. 840]]
on the People's Republic of China: <<NOTE: Compliance.>> Provided
further, That the Commission shall comply with chapter 43 of title 5,
United States Code, regarding the establishment and regular review of
employee performance appraisals: Provided further, That the Commission
shall comply with section 4505a of title 5, United States Code, with
respect to limitations on payment of performance-based cash awards:
Provided further, That compensation for the executive director of the
Commission may not exceed the rate payable for level II of the Executive
Schedule under section 5313 of title 5, United States Code: Provided
further, That travel by members of the Commission and its staff shall be
arranged and conducted under the rules and procedures applying to travel
by members of the House of Representatives and its staff.
United States Senate-China Interparliamentary Group
SALARIES AND EXPENSES
For necessary expenses of the United States Senate-China
Interparliamentary Group, as authorized under section 153 of the
Consolidated Appropriations Act, 2004 (22 U.S.C. 276n; Public Law 108-
99; 118 Stat. 448), $150,000, to remain available until September 30,
2010.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
(including transfer of funds)
For necessary expenses to carry out the provisions of section 667 of
the Foreign Assistance Act of 1961, $808,584,000, of which up to
$85,000,000 may remain available until September 30, 2010: Provided,
That <<NOTE: Reports. Deadline.>> none of the funds appropriated under
this heading and under the heading ``Capital Investment Fund'' in this
Act may be made available to finance the construction (including
architect and engineering services), purchase, or long-term lease of
offices for use by the United States Agency for International
Development (USAID), unless the USAID Administrator has identified such
proposed construction (including architect and engineering services),
purchase, or long-term lease of offices in a report submitted to the
Committees on Appropriations at least 15 days prior to the obligation of
funds for such purposes: Provided further, That the previous proviso
shall not apply when the total cost of construction (including architect
and engineering services), purchase, or long-term lease of offices does
not exceed $1,000,000: Provided further, That contracts or agreements
entered into with funds appropriated under this heading may entail
commitments for the expenditure of such funds through fiscal year
2010: <<NOTE: Notification.>> Provided further, That any decision to
open a new USAID overseas mission or office or, except where there is a
substantial security risk to mission personnel, to close or
significantly reduce the number of personnel of any such mission or
office, shall be subject to the
[[Page 123 STAT. 841]]
regular notification procedures of the Committees on Appropriations:
Provided further, That the authority of sections 610 and 109 of the
Foreign Assistance Act of 1961 may be exercised by the Secretary of
State to transfer funds appropriated to carry out chapter 1 of part I of
such Act to ``Operating Expenses'' in accordance with the provisions of
those sections: Provided further, That of the funds appropriated or made
available under this heading, not to exceed $250,000 shall be available
for representation and entertainment allowances, of which not to exceed
$5,000 shall be available for entertainment allowances, for USAID during
the current fiscal year: Provided further, That no such entertainment
funds may be used for the purposes listed in section 7020 of this Act:
Provided further, That appropriate steps shall be taken to assure that,
to the maximum extent possible, United States-owned foreign currencies
are utilized in lieu of dollars.
CIVILIAN STABILIZATION INITIATIVE
For necessary expenses to carry out section 667 of the Foreign
Assistance Act of 1961 for the United States Agency for International
Development (USAID) to establish, support, maintain, mobilize, and
deploy a civilian response corps in coordination with the Department of
State, and for related reconstruction and stabilization assistance to
prevent or respond to conflict or civil strife in foreign countries or
regions, or to enable transition from such strife, $30,000,000, to
remain available until expended: <<NOTE: Deadline. Spending plan.>>
Provided, That not later than 60 days after enactment of this Act, the
Secretary of State and the USAID Administrator shall submit a
coordinated joint spending plan for funds made available under this
heading and under the heading ``Civilian Stabilization Initiative'' in
title I of this Act.
capital investment fund
For necessary expenses for overseas construction and related costs,
and for the procurement and enhancement of information technology and
related capital investments, pursuant to section 667 of the Foreign
Assistance Act of 1961, $35,775,000, to remain available until expended:
Provided, That this amount is in addition to funds otherwise available
for such purposes: <<NOTE: Notification.>> Provided further, That funds
appropriated under this heading shall be available for obligation only
pursuant to the regular notification procedures of the Committees on
Appropriations.
office of inspector general
For necessary expenses to carry out the provisions of section 667 of
the Foreign Assistance Act of 1961, $42,000,000, to remain available
until September 30, 2010, which sum shall be available for the Office of
the Inspector General of the United States Agency for International
Development.
[[Page 123 STAT. 842]]
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, and for other
purposes, to remain available until September 30, 2009, unless otherwise
specified herein, as follows:
global health and child survival
(including transfer of funds)
For necessary expenses to carry out the provisions of chapters 1 and
10 of part I of the Foreign Assistance Act of 1961, for global health
activities, in addition to funds otherwise available for such purposes,
$1,955,000,000, to remain available until September 30, 2010, and which
shall be apportioned directly to the United States Agency for
International Development: <<NOTE: HIV/AIDS.>> Provided, That this
amount shall be made available for such activities as: (1) child
survival and maternal health programs; (2) immunization and oral
rehydration programs; (3) other health, nutrition, water and sanitation
programs which directly address the needs of mothers and children, and
related education programs; (4) assistance for children displaced or
orphaned by causes other than AIDS; (5) programs for the prevention,
treatment, control of, and research on HIV/AIDS, tuberculosis, polio,
malaria, and other infectious diseases, and for assistance to
communities severely affected by HIV/AIDS, including children infected
or affected by AIDS; and (6) family planning/reproductive health:
Provided further, That none of the funds appropriated under this
paragraph may be made available for nonproject assistance, except that
funds may be made available for such assistance for ongoing health
activities: Provided further, That of the funds appropriated under this
paragraph, not to exceed $400,000, in addition to funds otherwise
available for such purposes, may be used to monitor and provide
oversight of child survival, maternal and family planning/reproductive
health, and infectious disease programs: Provided further, That of the
funds appropriated under this paragraph, $75,000,000 should be made
available for a United States contribution to The GAVI Fund, and up to
$5,000,000 may be transferred to, and merged with, funds appropriated by
this Act under the heading ``Operating Expenses'' in title II for costs
directly related to global health, but funds made available for such
costs may not be derived from amounts made available for contributions
under this and preceding
provisos: <<NOTE: Determination. Abortion. Sterilization.>> Provided
further, That none of the funds made available in this Act nor any
unobligated balances from prior appropriations Acts may be made
available to any organization or program which, as determined by the
President of the United States, supports or participates in the
management of a program of coercive abortion or involuntary
sterilization: <<NOTE: Deadline.>> Provided further, That any
determination made under the previous proviso must be made no later than
6 months after the date of enactment of this Act, and must be
accompanied by the evidence and criteria utilized to make the
determination: <<NOTE: Abortion.>> Provided further, That none of the
funds made available under this Act may be used to pay for the
performance of
[[Page 123 STAT. 843]]
abortion as a method of family planning or to motivate or coerce any
person to practice abortions: Provided further, That nothing in this
paragraph shall be construed to alter any existing statutory
prohibitions against abortion under section 104 of the Foreign
Assistance Act of 1961: <<NOTE: Lobbying. Abortion.>> Provided further,
That none of the funds made available under this Act may be used to
lobby for or against abortion: <<NOTE: Family
planning. Requirements. Deadline. Determination. Reports.>> Provided
further, That in order to reduce reliance on abortion in developing
nations, funds shall be available only to voluntary family planning
projects which offer, either directly or through referral to, or
information about access to, a broad range of family planning methods
and services, and that any such voluntary family planning project shall
meet the following requirements: (1) service providers or referral
agents in the project shall not implement or be subject to quotas, or
other numerical targets, of total number of births, number of family
planning acceptors, or acceptors of a particular method of family
planning (this provision shall not be construed to include the use of
quantitative estimates or indicators for budgeting and planning
purposes); (2) the project shall not include payment of incentives,
bribes, gratuities, or financial reward to: (A) an individual in
exchange for becoming a family planning acceptor; or (B) program
personnel for achieving a numerical target or quota of total number of
births, number of family planning acceptors, or acceptors of a
particular method of family planning; (3) the project shall not deny any
right or benefit, including the right of access to participate in any
program of general welfare or the right of access to health care, as a
consequence of any individual's decision not to accept family planning
services; (4) the project shall provide family planning acceptors
comprehensible information on the health benefits and risks of the
method chosen, including those conditions that might render the use of
the method inadvisable and those adverse side effects known to be
consequent to the use of the method; and (5) the project shall ensure
that experimental contraceptive drugs and devices and medical procedures
are provided only in the context of a scientific study in which
participants are advised of potential risks and benefits; and, not less
than 60 days after the date on which the Administrator of the United
States Agency for International Development determines that there has
been a violation of the requirements contained in paragraph (1), (2),
(3), or (5) of this proviso, or a pattern or practice of violations of
the requirements contained in paragraph (4) of this proviso, the
Administrator shall submit to the Committees on Appropriations a report
containing a description of such violation and the corrective action
taken by the Agency: <<NOTE: Grants. Non- discrimination. Compliance.>>
Provided further, That in awarding grants for natural family planning
under section 104 of the Foreign Assistance Act of 1961 no applicant
shall be discriminated against because of such applicant's religious or
conscientious commitment to offer only natural family planning; and,
additionally, all such applicants shall comply with the requirements of
the previous proviso: Provided further, That for purposes of this or any
other Act authorizing or appropriating funds for the Department of
State, foreign operations, and related programs, the term ``motivate'',
as it relates to family planning assistance, shall not be construed to
prohibit the provision, consistent with local law, of information or
counseling about all pregnancy options: <<NOTE: Condoms.>> Provided
further, That information provided about the use of condoms as part of
projects or activities that are funded from amounts appropriated by this
Act shall be
[[Page 123 STAT. 844]]
medically accurate and shall include the public health benefits and
failure rates of such use.
In addition, for necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 for the prevention, treatment, and
control of, and research on, HIV/AIDS, $5,159,000,000, to remain
available until expended, and which shall be apportioned directly to the
Department of State: Provided, That of the funds appropriated under this
paragraph, not less than $600,000,000 shall be made available,
notwithstanding any other provision of law, except for the United States
Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 2003
(Public Law 108-25), as amended, for a United States contribution to the
Global Fund to Fight AIDS, Tuberculosis and Malaria, and shall be
expended at the minimum rate necessary to make timely payment for
projects and activities: Provided further, That up to 5 percent of the
aggregate amount of funds made available to the Global Fund in fiscal
year 2009 may be made available to the United States Agency for
International Development for technical assistance related to the
activities of the Global Fund: Provided further, That of the funds
appropriated under this paragraph, up to $14,000,000 may be made
available, in addition to amounts otherwise available for such purposes,
for administrative expenses of the Office of the Global AIDS
Coordinator.
development assistance
For necessary expenses to carry out the provisions of sections 103,
105, 106, and sections 251 through 255, and chapter 10 of part I of the
Foreign Assistance Act of 1961, $1,800,000,000, to remain available
until September 30, 2010: Provided, That of the funds appropriated under
this heading that are made available for assistance programs for
displaced and orphaned children and victims of war, not to exceed
$44,000, in addition to funds otherwise available for such purposes, may
be used to monitor and provide oversight of such programs: Provided
further, That of the funds appropriated by this Act and prior Acts for
fiscal year 2009, not less than $245,000,000 shall be made available for
microenterprise and microfinance development programs for the poor,
especially women: Provided further, That of the funds appropriated under
this heading, not less than $22,500,000 shall be made available for the
American Schools and Hospitals Abroad program: Provided further, That of
the funds appropriated under this heading, $10,000,000 shall be made
available for cooperative development programs within the Office of
Private and Voluntary Cooperation: Provided further, That of the funds
appropriated by this Act and prior Acts for fiscal year 2009, not less
than $300,000,000 shall be made available for water and sanitation
supply projects pursuant to the Senator Paul Simon Water for the Poor
Act of 2005 (Public Law 109-121), of which not less than $125,000,000
should be made available for such projects in Africa: Provided further,
That of the funds appropriated by title III of this Act, not less than
$375,000,000 shall be made available for agricultural development
programs, of which not less than $29,000,000 shall be made available for
Collaborative Research Support Programs: Provided further, That of the
funds appropriated under this heading, $75,000,000 shall be made
available to enhance global food security, including for local or
regional purchase and distribution of food, in addition
[[Page 123 STAT. 845]]
to funds otherwise made available for such purposes, and notwithstanding
any other provision of law: <<NOTE: Strategy.>> Provided further, That
prior to the obligation of funds pursuant to the previous proviso and
after consultation with other relevant Federal departments and agencies,
the Committees on Appropriations, and relevant nongovernmental
organizations, the Administrator of the United States Agency for
International Development shall submit to the Committees on
Appropriations a strategy for achieving the goals of funding for global
food security programs, specifying the intended country beneficiaries,
amounts of funding, types of activities to be funded, and expected
quantifiable results: Provided further, That of the funds appropriated
under this heading for agricultural development programs, not less than
$7,000,000 shall be made available for a United States contribution to
the endowment of the Global Crop Diversity Trust pursuant to section
3202 of Public Law 110-246: Provided further, That of the funds
appropriated under this heading, not less than $15,000,000 shall be made
available for programs to improve women's leadership capacity in
recipient countries.
international disaster assistance
For necessary expenses to carry out the provisions of section 491 of
the Foreign Assistance Act of 1961 for international disaster relief,
rehabilitation, and reconstruction assistance, $350,000,000, to remain
available until expended.
transition initiatives
For necessary expenses for international disaster rehabilitation and
reconstruction assistance pursuant to section 491 of the Foreign
Assistance Act of 1961, $50,000,000, to remain available until expended,
to support transition to democracy and to long-term development of
countries in crisis: Provided, That such support may include assistance
to develop, strengthen, or preserve democratic institutions and
processes, revitalize basic infrastructure, and foster the peaceful
resolution of conflict: <<NOTE: Reports. Deadline.>> Provided further,
That the United States Agency for International Development shall submit
a report to the Committees on Appropriations at least 5 days prior to
beginning a new program of assistance: <<NOTE: President.>> Provided
further, That if the President determines that it is important to the
national interests of the United States to provide transition assistance
in excess of the amount appropriated under this heading, up to
$15,000,000 of the funds appropriated by this Act to carry out the
provisions of part I of the Foreign Assistance Act of 1961 may be used
for purposes of this heading and under the authorities applicable to
funds appropriated under this heading: Provided further, That funds made
available pursuant to the previous proviso shall be made available
subject to prior consultation with the Committees on Appropriations.
development credit authority
(including transfer of funds)
For the cost of direct loans and loan guarantees provided by the
United States Agency for International Development, as authorized by
sections 256 and 635 of the Foreign Assistance Act of 1961, up to
$25,000,000 may be derived by transfer from funds appropriated by this
Act to carry out part I of such Act and under
[[Page 123 STAT. 846]]
the heading ``Assistance for Europe, Eurasia and Central Asia'':
Provided, That funds provided under this paragraph and funds provided as
a gift pursuant to section 635(d) of the Foreign Assistance Act of 1961
shall be made available only for micro and small enterprise programs,
urban programs, and other programs which further the purposes of part I
of such Act: Provided further, That such costs, including the cost of
modifying such direct and guaranteed loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974, as
amended: <<NOTE: Notification.>> Provided further, That funds made
available by this paragraph may be used for the cost of modifying any
such guaranteed loans under this Act or prior Acts, and funds used for
such costs shall be subject to the regular notification procedures of
the Committees on Appropriations: <<NOTE: Applicability. Loans.>>
Provided further, That the provisions of section 107A(d) (relating to
general provisions applicable to the Development Credit Authority) of
the Foreign Assistance Act of 1961, as contained in section 306 of H.R.
1486 as reported by the House Committee on International Relations on
May 9, 1997, shall be applicable to direct loans and loan guarantees
provided under this heading: Provided further, That these funds are
available to subsidize total loan principal, any portion of which is to
be guaranteed, of up to $700,000,000.
In addition, for administrative expenses to carry out credit
programs administered by the United States Agency for International
Development, $8,000,000, which may be transferred to, and merged with,
funds made available under the heading ``Operating Expenses'' in title
II of this Act: Provided, That funds made available under this heading
shall remain available until September 30, 2011.
economic support fund
(including transfer of funds)
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $3,007,000,000, to remain
available until September 30, 2010: <<NOTE: Egypt. Grants.>> Provided,
That of the funds appropriated under this heading, $200,000,000 shall be
available only for Egypt, which sum shall be provided on a grant basis,
and of which sum cash transfer assistance shall be provided with the
understanding that Egypt will undertake significant economic and
democratic reforms which are additional to those which were undertaken
in previous fiscal years: Provided further, That of the funds
appropriated under this heading for assistance for Egypt, up to
$20,000,000 shall be made available for democracy, human rights and
governance programs, and not less than $35,000,000 shall be made
available for education programs, of which not less than $10,000,000 is
for scholarships for Egyptian students with high financial
need: <<NOTE: Cyprus.>> Provided further, That $11,000,000 of the funds
appropriated under this heading should be made available for Cyprus to
be used only for scholarships, administrative support of the scholarship
program, bicommunal projects, and measures aimed at reunification of the
island and designed to reduce tensions and promote peace and cooperation
between the two communities on Cyprus: <<NOTE: Jordan.>> Provided
further, That of the funds appropriated under this heading, not less
than $263,547,000 shall be made available for assistance for Jordan:
Provided further, That of the funds appropriated under this heading
[[Page 123 STAT. 847]]
not more than $75,000,000 may be made available for assistance for the
West Bank and Gaza, of which not to exceed $2,000,000 may be used for
administrative expenses of the United States Agency for International
Development (USAID), in addition to funds otherwise available for such
purposes, to carry out programs in the West Bank and
Gaza: <<NOTE: Lebanon.>> Provided further, That $67,500,000 of the
funds appropriated under this heading shall be made available for
assistance for Lebanon, of which not less than $10,000,000 shall be made
available for educational scholarships for students in Lebanon with high
financial need: <<NOTE: Afghanistan. Certification.>> Provided further,
That $200,000,000 of the funds made available for assistance for
Afghanistan under this heading may be obligated for such assistance only
after the Secretary of State certifies to the Committees on
Appropriations that the Government of Afghanistan at both the national
and provincial level is cooperating fully with United States-funded
poppy eradication and interdiction efforts in
Afghanistan: <<NOTE: President. Waiver
authority. Determination. Reports.>> Provided further, That the
President may waive the previous proviso if the President determines and
reports to the Committees on Appropriations that to do so is in the
national security interests of the United States: Provided further, That
of the funds appropriated under this heading, $200,000,000 shall be
apportioned directly to USAID for alternative development/institution
building programs in Colombia: Provided further, That of the funds
appropriated under this heading that are available for Colombia, not
less than $3,500,000 shall be transferred to, and merged with, funds
appropriated under the heading ``Migration and Refugee Assistance'' and
shall be made available only for assistance to nongovernmental
organizations that provide emergency relief aid to Colombian refugees in
neighboring countries.
DEMOCRACY FUND
(a) For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 for the promotion of democracy globally,
$116,000,000, to remain available until September 30, 2011, of which not
less than $74,000,000 shall be made available for the Human Rights and
Democracy Fund of the Bureau of Democracy, Human Rights and Labor,
Department of State, and not less than $37,000,000 shall be made
available for the Office of Democracy and Governance of the Bureau for
Democracy, Conflict, and Humanitarian Assistance, United States Agency
for International Development.
(b) Of the funds appropriated under this heading that are made
available to the Bureau of Democracy, Human Rights and Labor, not less
than $17,000,000 shall be made available for the promotion of democracy
in the People's Republic of China, Hong Kong, and Taiwan, and not less
than $6,500,000 shall be made available for the promotion of democracy
in countries located outside the Middle East region with a significant
Muslim population, and where such programs and activities would be
important to respond to, deter, or prevent extremism: Provided, That
assistance for Taiwan should be matched from sources other than the
United States Government.
(c) Of the funds appropriated under this heading that are made
available to the Bureau for Democracy, Conflict, and Humanitarian
Assistance, not less than $19,500,000 shall be made available for the
Elections and Political Process Fund, $7,500,000 shall be made available
for international labor programs, and not less than
[[Page 123 STAT. 848]]
$10,000,000 shall be made available to provide institutional and core
support for organizations that promote human rights, independent media
and the rule of law.
(d) Funds appropriated by this Act that are made available for the
promotion of democracy may be made available notwithstanding any other
provision of law. Funds appropriated under this heading are in addition
to funds otherwise made available for such purposes.
(e) For the purposes of funds appropriated by this Act, the term
``promotion of democracy'' means programs that support good governance,
human rights, independent media, and the rule of law, and otherwise
strengthen the capacity of democratic political parties, governments,
nongovernmental organizations and institutions, and citizens to support
the development of democratic states, institutions, and practices that
are responsive and accountable to citizens.
(f) Any <<NOTE: Notification.>> contract, grant, or cooperative
agreement (or any amendment to any contract, grant, or cooperative
agreement) in excess of $1,000,000 of funds under this heading, and in
excess of $2,500,000 under other headings in this Act, for the promotion
of democracy, with the exception of programs and activities of the
National Endowment for Democracy, shall be subject to the regular
notification procedures of the Committees on Appropriations.
international fund for ireland
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $15,000,000, which shall
be available for the United States contribution to the International
Fund for Ireland and shall be made available in accordance with the
provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law
99-415): Provided, That such amount shall be expended at the minimum
rate necessary to make timely payment for projects and activities:
Provided further, That funds made available under this heading shall
remain available until September 30, 2010.
ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961, the FREEDOM Support Act, and the Support for
East European Democracy (SEED) Act of 1989, $650,000,000, to remain
available until September 30, 2010, which shall be available,
notwithstanding any other provision of law, for assistance and for
related programs for countries identified in section 3 of the FREEDOM
Support Act and section 3(c) of the SEED Act: Provided, That funds
appropriated under this heading shall be considered to be economic
assistance under the Foreign Assistance Act of 1961 for purposes of
making available the administrative authorities contained in that Act
for the use of economic assistance: Provided further, That
notwithstanding any provision of this or any other Act, funds
appropriated in prior years under the headings ``Independent States of
the Former Soviet Union'' and similar headings and ``Assistance for
Eastern Europe and the Baltic States'' and similar headings, and
currencies generated by or converted from such funds, shall be available
for use in any country for which funds are made available under
[[Page 123 STAT. 849]]
this heading without regard to the geographic limitations of the heading
under which such funds were originally appropriated: Provided further,
That funds made available for the Southern Caucasus region may be used
for confidence-building measures and other activities in furtherance of
the peaceful resolution of conflicts, including in Nagorno-Karabagh.
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $875,000,000, to remain available until
September 30, 2010: <<NOTE: Notification.>> Provided, That during
fiscal year 2009, the Department of State may also use the authority of
section 608 of the Foreign Assistance Act of 1961, without regard to its
restrictions, to receive excess property from an agency of the United
States Government for the purpose of providing it to a foreign country
or international organization under chapter 8 of part I of that Act
subject to the regular notification procedures of the Committees on
Appropriations: <<NOTE: Deadline. Reports.>> Provided further, That the
Secretary of State shall provide to the Committees on Appropriations not
later than 45 days after the date of the enactment of this Act and prior
to the initial obligation of funds appropriated under this heading, a
report on the proposed uses of all funds under this heading on a
country-by-country basis for each proposed program, project, or
activity: <<NOTE: Afghanistan. Determination. Reports.>> Provided
further, That none of the funds appropriated under this heading for
assistance for Afghanistan may be made available for eradication
programs through the aerial spraying of herbicides unless the Secretary
of State determines and reports to the Committees on Appropriations that
the President of Afghanistan has requested assistance for such aerial
spraying programs for counternarcotics or counterterrorism
purposes: <<NOTE: Consultation.>> Provided further, That in the event
the Secretary of State makes a determination pursuant to the previous
proviso, the Secretary shall consult with the Committees on
Appropriations prior to the obligation of funds for such eradication
programs: Provided further, That of the funds appropriated under this
heading, $5,000,000 should be made available to combat piracy of United
States copyrighted materials, consistent with the requirements of
section 688(a) and (b) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2008 (division J of Public Law
110-161): Provided further, That <<NOTE: Colombia.>> none of the funds
appropriated under this heading for assistance for Colombia shall be
made available for budget support or as cash
payments: <<NOTE: Reports.>> Provided further, That of the funds
appropriated under this heading for administrative expenses, ten percent
shall be withheld from obligation until the Secretary of State submits a
report to the Committees on Appropriations detailing all salaries funded
under this heading in fiscal years 2007 and 2008, and such salaries
proposed in fiscal year 2009.
andean counterdrug programs
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961 to support counterdrug activities in the Andean
region of South America, $315,000,000, to remain available until
September 30, 2010: <<NOTE: Deadline. Reports.>> Provided, That the
Secretary of State,
[[Page 123 STAT. 850]]
in consultation with the Administrator of the United States Agency for
International Development (USAID), shall provide to the Committees on
Appropriations not later than 45 days after the date of the enactment of
this Act and prior to the initial obligation of funds appropriated under
this heading, a report on the proposed uses of all funds under this
heading on a country-by-country basis for each proposed program,
project, or activity: Provided further, That section 482(b) of the
Foreign Assistance Act of 1961 shall not apply to funds appropriated
under this heading: <<NOTE: Notification.>> Provided further, That
assistance provided with funds appropriated under this heading that is
made available notwithstanding section 482(b) of the Foreign Assistance
Act of 1961 shall be made available subject to the regular notification
procedures of the Committees on Appropriations: Provided further,
That <<NOTE: Bolivia. Certification. Human rights.>> funds appropriated
under this heading that are made available for assistance for the
Bolivian military and police may be made available for such purposes
only if the Secretary of State certifies to the Committees on
Appropriations that the Bolivian military and police are respecting
internationally recognized human rights and cooperating fully with
investigations and prosecutions by civilian judicial authorities of
military and police personnel who have been credibly alleged to have
violated such rights: Provided further, That of the funds appropriated
under this heading, not more than $16,730,000 may be available for
administrative expenses of the Department of State, and not more than
$8,000,000 of the funds made available for alternative development/
institution building programs under the heading ``Economic Support
Fund'' in this Act may be available, in addition to amounts otherwise
available for such purposes, for administrative expenses of USAID.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $525,000,000, to carry out
the provisions of chapter 8 of part II of the Foreign Assistance Act of
1961 for anti-terrorism assistance, chapter 9 of part II of the Foreign
Assistance Act of 1961, section 504 of the FREEDOM Support Act, section
23 of the Arms Export Control Act or the Foreign Assistance Act of 1961
for demining activities, the clearance of unexploded ordnance, the
destruction of small arms, and related activities, notwithstanding any
other provision of law, including activities implemented through
nongovernmental and international organizations, and section 301 of the
Foreign Assistance Act of 1961 for a voluntary contribution to the
International Atomic Energy Agency (IAEA), and for a United States
contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory
Commission: Provided, That of this amount not to exceed $41,000,000, to
remain available until expended, may be made available for the
Nonproliferation and Disarmament Fund, notwithstanding any other
provision of law, to promote bilateral and multilateral activities
relating to nonproliferation and disarmament: Provided further, That
such funds may also be used for such countries other than the
Independent States of the former Soviet Union and international
organizations when it is in the national security interest of the United
States to do so: <<NOTE: Determination. Reports. Israel.>> Provided
further, That funds appropriated under this heading may be made
available for IAEA only if the Secretary of State determines (and so
reports to the
[[Page 123 STAT. 851]]
Congress) that Israel is not being denied its right to participate in
the activities of that Agency: Provided further, That of the funds
appropriated under this heading, not more than $750,000 may be made
available for public-private partnerships for conventional weapons and
mine action by grant, cooperative agreement or contract: Provided
further, That of the funds made available for demining and related
activities, not to exceed $700,000, in addition to funds otherwise
available for such purposes, may be used for administrative expenses
related to the operation and management of the demining program:
Provided further, That funds appropriated under this heading that are
available for ``Anti-terrorism Assistance'' and ``Export Control and
Border Security'' shall remain available until September 30, 2010.
migration and refugee assistance
For necessary expenses, not otherwise provided for, to enable the
Secretary of State to provide, as authorized by law, a contribution to
the International Committee of the Red Cross, assistance to refugees,
including contributions to the International Organization for Migration
and the United Nations High Commissioner for Refugees, and other
activities to meet refugee and migration needs; salaries and expenses of
personnel and dependents as authorized by the Foreign Service Act of
1980; allowances as authorized by sections 5921 through 5925 of title 5,
United States Code; purchase and hire of passenger motor vehicles; and
services as authorized by section 3109 of title 5, United States Code,
$931,000,000, to remain available until expended, of which not less than
$30,000,000 shall be made available for refugees resettling in Israel.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of section 2(c)
of the Migration and Refugee Assistance Act of 1962, as amended (22
U.S.C. 2601(c)), $40,000,000, to remain available until expended.
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the Peace
Corps Act (75 Stat. 612), including the purchase of not to exceed five
passenger motor vehicles for administrative purposes for use outside of
the United States, $340,000,000 to remain available until September 30,
2010: <<NOTE: Abortion.>> Provided, That none of the funds appropriated
under this heading shall be used to pay for abortions: Provided further,
That the Director of the Peace Corps may transfer to the Foreign
Currency Fluctuations Account, as authorized by 22 U.S.C. 2515, an
amount not to exceed $4,000,000: Provided further, That funds
transferred pursuant to the previous proviso may not be derived from
amounts made available for Peace Corps overseas operations: Provided
further, That of the funds appropriated under this heading, not to
exceed $4,000 shall be made available for entertainment
expenses: <<NOTE: Notification.>> Provided further, That any
[[Page 123 STAT. 852]]
decision to open a new domestic office or to close, or significantly
reduce the number of personnel of, any office, shall be subject to the
regular notification procedures of the Committees on Appropriations.
Millennium Challenge Corporation
(including transfer of funds)
For necessary expenses to carry out the provisions of the Millennium
Challenge Act of 2003, $875,000,000 to remain available until expended:
Provided, That of the funds appropriated under this heading, up to
$95,000,000 may be available for administrative expenses of the
Millennium Challenge Corporation (the Corporation): Provided further,
That up to 10 percent of the funds appropriated under this heading may
be made available to carry out the purposes of section 616 of the
Millennium Challenge Act of 2003 for candidate countries for fiscal year
2009: <<NOTE: Reports.>> Provided further, That none of the funds
available to carry out section 616 of such Act may be made available
until the Chief Executive Officer of the Corporation provides a report
to the Committees on Appropriations listing the candidate countries that
will be receiving assistance under section 616 of such Act, the level of
assistance proposed for each such country, a description of the proposed
programs, projects and activities, and the implementing agency or
agencies of the United States Government: <<NOTE: Applicability.>>
Provided further, That section 605(e)(4) of the Millennium Challenge Act
of 2003 shall apply to funds appropriated under this heading: Provided
further, That funds appropriated under this heading may be made
available for a Millennium Challenge Compact entered into pursuant to
section 609 of the Millennium Challenge Act of 2003 only if such Compact
obligates, or contains a commitment to obligate subject to the
availability of funds and the mutual agreement of the parties to the
Compact to proceed, the entire amount of the United States Government
funding anticipated for the duration of the Compact: Provided further,
That the Corporation should reimburse the United States Agency for
International Development (USAID) for all expenses incurred by USAID
with funds appropriated under this heading in assisting the Corporation
in carrying out the Millennium Challenge Act of 2003 (22 U.S.C. 7701 et
seq.), including administrative costs for compact development,
negotiation, and implementation: Provided further, That of the funds
appropriated under this heading, not to exceed $100,000 shall be
available for representation and entertainment allowances, of which not
to exceed $5,000 shall be available for entertainment allowances.
Inter-American Foundation
For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of
the Foreign Assistance Act of 1969, $22,500,000, to remain available
until September 30, 2010: Provided, That of the funds appropriated under
this heading, not to exceed $3,000 shall be available for entertainment
and representation allowances.
AFRICAN DEVELOPMENT FOUNDATION
For necessary expenses to carry out title V of the International
Security and Development Cooperation Act of 1980 (Public Law
[[Page 123 STAT. 853]]
96-533), $32,500,000, to remain available until September 30, 2010:
Provided, That funds made available to grantees may be invested pending
expenditure for project purposes when authorized by the Board of
Directors of the Foundation: Provided further, That interest earned
shall be used only for the purposes for which the grant was
made: <<NOTE: Waiver authority.>> Provided further, That
notwithstanding section 505(a)(2) of the African Development Foundation
Act, in exceptional circumstances the Board of Directors of the
Foundation may waive the $250,000 limitation contained in that section
with respect to a project and a project may exceed the limitation by up
to $10,000 if the increase is due solely to foreign currency
fluctuation: <<NOTE: Reports.>> Provided further, That the Foundation
shall provide a report to the Committees on Appropriations after each
time such waiver authority is exercised.
Department of the Treasury
International Affairs Technical Assistance
For necessary expenses to carry out the provisions of section 129 of
the Foreign Assistance Act of 1961, $25,000,000, to remain available
until September 30, 2011, which shall be available notwithstanding any
other provision of law.
Debt Restructuring
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of modifying loans and loan guarantees, as the President
may determine, for which funds have been appropriated or otherwise made
available for programs within the International Affairs Budget Function
150, including the cost of selling, reducing, or canceling amounts owed
to the United States as a result of concessional loans made to eligible
countries, pursuant to parts IV and V of the Foreign Assistance Act of
1961, of modifying concessional credit agreements with least developed
countries, as authorized under section 411 of the Agricultural Trade
Development and Assistance Act of 1954, as amended, of concessional
loans, guarantees and credit agreements, as authorized under section 572
of the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1989 (Public Law 100-461), and of canceling amounts
owed, as a result of loans or guarantees made pursuant to the Export-
Import Bank Act of 1945, by countries that are eligible for debt
reduction pursuant to title V of H.R. 3425 as enacted into law by
section 1000(a)(5) of Public Law 106-113, $60,000,000, to remain
available until September 30, 2011: Provided, That not less than
$20,000,000 of the funds appropriated under this heading shall be made
available to carry out the provisions of part V of the Foreign
Assistance Act of 1961: Provided further, That amounts paid to the HIPC
Trust Fund may be used only to fund debt reduction under the enhanced
HIPC initiative by--
(1) the Inter-American Development Bank;
(2) the African Development Fund;
(3) the African Development Bank; and
(4) the Central American Bank for Economic Integration:
Provided further, That <<NOTE: Human rights.>> funds may not be paid to
the HIPC Trust Fund for the benefit of any country if the Secretary of
State has credible evidence that the government of such country is
engaged
[[Page 123 STAT. 854]]
in a consistent pattern of gross violations of internationally
recognized human rights or in military or civil conflict that undermines
its ability to develop and implement measures to alleviate poverty and
to devote adequate human and financial resources to that
end: <<NOTE: Consultation.>> Provided further, That on the basis of
final appropriations, the Secretary of the Treasury shall consult with
the Committees on Appropriations concerning which countries and
international financial institutions are expected to benefit from a
United States contribution to the HIPC Trust Fund during the fiscal
year: <<NOTE: Notification. Deadline.>> Provided further, That the
Secretary of the Treasury shall notify the Committees on Appropriations
not less than 15 days in advance of the signature of an agreement by the
United States to make payments to the HIPC Trust Fund of amounts for
such countries and institutions: Provided further, That the Secretary of
the Treasury may disburse funds designated for debt reduction through
the HIPC Trust Fund only for the benefit of countries that--
(1) have committed, for a period of 24 months, not to accept
new market-rate loans from the international financial
institution receiving debt repayment as a result of such
disbursement, other than loans made by such institutions to
export-oriented commercial projects that generate foreign
exchange which are generally referred to as ``enclave'' loans;
and
(2) have documented and demonstrated their commitment to
redirect their budgetary resources from international debt
repayments to programs to alleviate poverty and promote economic
growth that are additional to or expand upon those previously
available for such purposes:
Provided further, That any limitation of subsection (e) of section 411
of the Agricultural Trade Development and Assistance Act of 1954 shall
not apply to funds appropriated under this heading: Provided further,
That <<NOTE: Sudan. Burma. Determination. Notification.>> none of the
funds made available under this heading in this or any other
appropriations Act shall be made available for Sudan or Burma unless the
Secretary of the Treasury determines and notifies the Committees on
Appropriations that a democratically elected government has taken
office.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Funds Appropriated to the President
peacekeeping operations
For necessary expenses to carry out the provisions of section 551 of
the Foreign Assistance Act of 1961, $250,200,000: Provided, That of the
funds made available under this heading, not less than $25,000,000 shall
be made available for a United States contribution to the Multinational
Force and Observers mission in the Sinai: <<NOTE: Notification.>>
Provided further, That none of the funds appropriated under this heading
shall be obligated or expended except as provided through the regular
notification procedures of the Committees on Appropriations.
[[Page 123 STAT. 855]]
International Military Education and Training
For necessary <<NOTE: Notification.>> expenses to carry out the
provisions of section 541 of the Foreign Assistance Act of 1961,
$91,000,000, of which up to $4,000,000 may remain available until
expended and may only be provided through the regular notification
procedures of the Committees on Appropriations: Provided, That the
civilian personnel for whom military education and training may be
provided under this heading may include civilians who are not members of
a government whose participation would contribute to improved civil-
military relations, civilian control of the military, or respect for
human rights: <<NOTE: Foreign countries. Notification.>> Provided
further, That funds made available under this heading for assistance for
Haiti, Guatemala, the Democratic Republic of the Congo, Nigeria, Sri
Lanka, Nepal, Ethiopia, Bangladesh, Libya, and Angola may only be
provided through the regular notification procedures of the Committees
on Appropriations and any such notification shall include a detailed
description of proposed activities: Provided further, That of the funds
appropriated under this heading, not to exceed $55,000 shall be
available for entertainment allowances.
foreign military financing program
For necessary expenses for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act,
$4,635,000,000: Provided, That of the funds appropriated under this
heading, not less than $2,380,000,000 shall be available for grants only
for Israel, and not less than $1,300,000,000 shall be made available for
grants only for Egypt, including for border security programs and
activities in the Sinai: <<NOTE: Israel. Deadline.>> Provided further,
That the funds appropriated by this paragraph for Israel shall be
disbursed within 30 days of the enactment of this Act: Provided further,
That to the extent that the Government of Israel requests that funds be
used for such purposes, grants made available for Israel by this
paragraph shall, as agreed by the United States and Israel, be available
for advanced weapons systems, of which not less than $670,650,000 shall
be available for the procurement in Israel of defense articles and
defense services, including research and development: Provided further,
That of the funds appropriated by this paragraph, $235,000,000 shall be
made available for assistance for Jordan: Provided further, That of the
funds appropriated under this heading, not more than $53,000,000 shall
be available for Colombia, of which $12,500,000 is available to support
maritime interdiction: <<NOTE: Pakistan.>> Provided further, That funds
appropriated under this heading for assistance for Pakistan may be made
available only for border security, counter-terrorism and law
enforcement activities directed against Al Qaeda, the Taliban and
associated terrorist groups: Provided further, That none of the funds
made available under this heading shall be made available to support or
continue any program initially funded under the authority of section
1206 of the National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163; 119 Stat. 3456) unless the Secretary of State has
previously justified such program to the Committees on Appropriations:
Provided further, That funds appropriated or otherwise made available by
this paragraph shall be nonrepayable notwithstanding any requirement in
section 23 of the Arms Export Control
[[Page 123 STAT. 856]]
Act: Provided further, That funds made available under this paragraph
shall be obligated upon apportionment in accordance with paragraph
(5)(C) of title 31, United States Code, section 1501(a).
None of the funds made available under this heading shall be
available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurements has first signed an
agreement with the United States Government specifying the conditions
under which such procurements may be financed with such
funds: <<NOTE: Notification.>> Provided, That all country and funding
level increases in allocations shall be submitted through the regular
notification procedures of section 7015 of this Act: <<NOTE: Foreign
countries. Notification.>> Provided further, That none of the funds
appropriated under this heading may be made available for assistance for
Nepal, Sri Lanka, Pakistan, Bangladesh, Philippines, Indonesia, Bosnia
and Herzegovina, Haiti, Guatemala, Ethiopia, and the Democratic Republic
of the Congo except pursuant to the regular notification procedures of
the Committees on Appropriations: Provided further, That funds made
available under this heading may be used, notwithstanding any other
provision of law, for demining, the clearance of unexploded ordnance,
and related activities, and may include activities implemented through
nongovernmental and international organizations: Provided further, That
only those countries for which assistance was justified for the
``Foreign Military Sales Financing Program'' in the fiscal year 1989
congressional presentation for security assistance programs may utilize
funds made available under this heading for procurement of defense
articles, defense services or design and construction services that are
not sold by the United States Government under the Arms Export Control
Act: Provided further, That funds appropriated under this heading shall
be expended at the minimum rate necessary to make timely payment for
defense articles and services: <<NOTE: Notification.>> Provided
further, That not more than $51,420,000 of the funds appropriated under
this heading may be obligated for necessary expenses, including the
purchase of passenger motor vehicles for replacement only for use
outside of the United States, for the general costs of administering
military assistance and sales, except that this limitation may be
exceeded only through the regular notification procedures of the
Committees on Appropriations: Provided further, That of the funds
appropriated under this heading for general costs of administering
military assistance and sales, not to exceed $4,000 shall be available
for entertainment expenses and not to exceed $130,000 shall be available
for representation allowances: <<NOTE: Notification.>> Provided
further, That not more than $470,000,000 of funds realized pursuant to
section 21(e)(1)(A) of the Arms Export Control Act may be obligated for
expenses incurred by the Department of Defense during fiscal year 2009
pursuant to section 43(b) of the Arms Export Control Act, except that
this limitation may be exceeded only through the regular notification
procedures of the Committees on
Appropriations: <<NOTE: Egypt. Deadline.>> Provided further, That funds
appropriated under this heading estimated to be outlayed for Egypt
during fiscal year 2009 shall be transferred to an interest bearing
account for Egypt in the Federal Reserve Bank of New York within 30 days
of enactment of this Act.
[[Page 123 STAT. 857]]
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For necessary expenses to carry out the provisions of section 301 of
the Foreign Assistance Act of 1961, and of section 2 of the United
Nations Environment Program Participation Act of 1973, $352,500,000:
Provided, That section 307(a) of the Foreign Assistance Act of 1961
shall not apply to contributions to the United Nations Democracy Fund.
international financial institutions
global environment facility
For the United States contribution for the Global Environment
Facility, $80,000,000, to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility, by the
Secretary of the Treasury, to remain available until expended.
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, $1,115,000,000, to remain available until
expended.
Contribution to the Enterprise for the Americas Multilateral Investment
Fund
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the United States
contribution to the fund, $25,000,000, to remain available until
expended.
contribution to the asian development fund
For the United States contribution by the Secretary of the Treasury
to the increase in resources of the Asian Development Fund, as
authorized by the Asian Development Bank Act, as amended, $105,000,000,
to remain available until expended.
contribution to the african development fund
For the United States contribution by the Secretary of the Treasury
to the increase in resources of the African Development Fund,
$150,000,000, to remain available until expended.
contribution to the international fund for agricultural development
For the United States contribution by the Secretary of the Treasury
to increase the resources of the International Fund for Agricultural
Development, $18,000,000, to remain available until expended.
[[Page 123 STAT. 858]]
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $2,500,000, to remain available until September 30, 2010.
program account
The Export-Import Bank of the United States is authorized to make
such expenditures within the limits of funds and borrowing authority
available to such corporation, and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations, as provided by section 104 of the Government Corporation
Control Act, as may be necessary in carrying out the program for the
current fiscal year for such corporation: Provided, That none of the
funds available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of nuclear
equipment, fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or
military assistance under this Act, that has detonated a nuclear
explosive after the date of the enactment of this Act: <<NOTE: 12 USC
635 note.>> Provided further, That notwithstanding section 1(c) of
Public Law 103-428, as amended, sections 1(a) and (b) of Public Law 103-
428 shall remain in effect through October 1, 2009: Provided further,
That not less than 10 percent of the aggregate loan, guarantee, and
insurance authority available to the Export-Import Bank under this Act
should be used for renewable energy technologies or energy efficient
end-use technologies.
subsidy appropriation
For the cost of direct loans, loan guarantees, insurance, and tied-
aid grants as authorized by section 10 of the Export-Import Bank Act of
1945, as amended, not to exceed $41,000,000: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That such funds shall remain available until September 30, 2024, for the
disbursement of direct loans, loan guarantees, insurance and tied-aid
grants obligated in fiscal years 2009, 2010, 2011, and
2012: <<NOTE: Notification.>> Provided further, That none of the funds
appropriated by this Act or any prior Acts appropriating funds for the
Department of State, foreign operations, and related programs for tied-
aid credits or grants may be used for any other purpose except through
the regular notification procedures of the Committees on Appropriations:
Provided further, That funds appropriated by this paragraph are made
available notwithstanding section 2(b)(2) of the Export-Import Bank Act
of 1945, in connection with the purchase or lease of any product by any
Eastern European country, any Baltic State or any agency or national
thereof.
[[Page 123 STAT. 859]]
administrative expenses
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs, including hire of passenger motor vehicles
and services as authorized by 5 U.S.C. 3109, and not to exceed $30,000
for official reception and representation expenses for members of the
Board of Directors, not to exceed $81,500,000: Provided, That the
Export-Import Bank may accept, and use, payment or services provided by
transaction participants for legal, financial, or technical services in
connection with any transaction for which an application for a loan,
guarantee or insurance commitment has been made: <<NOTE: 12 USC 635a
note.>> Provided further, That notwithstanding subsection (b) of
section 117 of the Export Enhancement Act of 1992, subsection (a)
thereof shall remain in effect until October 1, 2009.
receipts collected
Receipts collected pursuant to the Export-Import Bank Act of 1945,
as amended, and the Federal Credit Reform Act of 1990, as amended, in an
amount not to exceed the amount appropriated herein, shall be credited
as offsetting collections to this account: Provided, That the sums
herein appropriated from the General Fund shall be reduced on a dollar-
for-dollar basis by such offsetting collections so as to result in a
final fiscal year appropriation from the General Fund estimated at $0:
Provided further, That of amounts collected in fiscal year 2009 in
excess of obligations, up to $75,000,000, shall become available on
September 1, 2009 and shall remain available until September 30, 2012.
Overseas Private Investment Corporation
noncredit account
The Overseas Private Investment Corporation is authorized to make,
without regard to fiscal year limitations, as provided by 31 U.S.C.
9104, such expenditures and commitments within the limits of funds
available to it and in accordance with law as may be necessary:
Provided, That the amount available for administrative expenses to carry
out the credit and insurance programs (including an amount for official
reception and representation expenses which shall not exceed $35,000)
shall not exceed $50,600,000: Provided further, That project-specific
transaction costs, including direct and indirect costs incurred in
claims settlements, and other direct costs associated with services
provided to specific investors or potential investors pursuant to
section 234 of the Foreign Assistance Act of 1961, shall not be
considered administrative expenses for the purposes of this heading.
program account
For the cost of direct and guaranteed loans, $29,000,000, as
authorized by section 234 of the Foreign Assistance Act of 1961, to be
derived by transfer from the Overseas Private Investment Corporation
Noncredit Account: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such sums shall
be available for direct loan obligations and
[[Page 123 STAT. 860]]
loan guaranty commitments incurred or made during fiscal years 2009,
2010, and 2011: Provided further, That funds so obligated in fiscal year
2009 remain available for disbursement through 2017; funds obligated in
fiscal year 2010 remain available for disbursement through 2018; and
funds obligated in fiscal year 2011 remain available for disbursement
through 2019: Provided further, That notwithstanding any other provision
of law, the Overseas Private Investment Corporation is authorized to
undertake any program authorized by title IV of the Foreign Assistance
Act of 1961 in Iraq: <<NOTE: Notification.>> Provided further, That
funds made available pursuant to the authority of the previous proviso
shall be subject to the regular notification procedures of the
Committees on Appropriations.
In addition, such sums as may be necessary for administrative
expenses to carry out the credit program may be derived from amounts
available for administrative expenses to carry out the credit and
insurance programs in the Overseas Private Investment Corporation
Noncredit Account and merged with said account.
Funds Appropriated to the President
trade and development agency
For necessary expenses to carry out the provisions of section 661 of
the Foreign Assistance Act of 1961, $50,800,000, to remain available
until September 30, 2010.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5, United States
Code; for services as authorized by 5 U.S.C. 3109; and for hire of
passenger transportation pursuant to 31 U.S.C. 1343(b).
unobligated balances report
Sec. 7002. Any Department or Agency to which funds are appropriated
or otherwise made available by this Act shall provide to the Committees
on Appropriations a quarterly accounting of cumulative balances by
program, project, and activity of the funds received by such Department
or Agency in this fiscal year or any previous fiscal year that remain
unobligated and unexpended.
consulting services
Sec. 7003. <<NOTE: Contracts.>> The expenditure of any
appropriation under title I of this Act for any consulting service
through procurement contract, pursuant to 5 U.S.C. 3109, shall be
limited to those contracts where such expenditures are a matter of
public record and available for public inspection, except where
otherwise provided under existing law, or under existing Executive order
issued pursuant to existing law.
[[Page 123 STAT. 861]]
embassy construction
Sec. 7004. (a) Of funds provided under title I of this Act, except
as provided in subsection (b), a project to construct a diplomatic
facility of the United States may not include office space or other
accommodations for an employee of a Federal agency or department if the
Secretary of State determines that such department or agency has not
provided to the Department of State the full amount of funding required
by subsection (e) of section 604 of the Secure Embassy Construction and
Counterterrorism Act of 1999 (as enacted into law by section 1000(a)(7)
of Public Law 106-113 and contained in appendix G of that Act; 113 Stat.
1501A-453), as amended by section 629 of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations
Act, 2005.
(b) Notwithstanding the prohibition in subsection (a), a project to
construct a diplomatic facility of the United States may include office
space or other accommodations for members of the United States Marine
Corps.
Personnel Actions
Sec. 7005. Any costs incurred by a department or agency funded under
title I of this Act resulting from personnel actions taken in response
to funding reductions included in this Act shall be absorbed within the
total budgetary resources available under title I to such department or
agency: Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this section is
provided in addition to authorities included elsewhere in this Act:
Provided further, That use of funds to carry out this section shall be
treated as a reprogramming of funds under section 7015 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
CONSULAR AFFAIRS REFORM
Sec. 7006. <<NOTE: Deadline. Certification. Reports.>> Not later
than 60 days after the enactment of this Act the Secretary of State
shall certify and report to the Committees on Appropriations that the
Department of State is implementing recommendations contained in the
Office of Inspector General audit ``Review of Controls and Notification
for Access to Passport Records in the Department of State's Passport
Information Electronic Records System (PIERS)'' (AUD/IP-08-29), July
2008.
prohibition against direct funding for certain countries
Sec. 7007. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance or reparations
for the governments of Cuba, North Korea, Iran, or Syria: Provided, That
for purposes of this section, the prohibition on obligations or
expenditures shall include direct loans, credits, insurance and
guarantees of the Export-Import Bank or its agents.
military coups
Sec. 7008. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
[[Page 123 STAT. 862]]
obligated or expended to finance directly any assistance to the
government of any country whose duly elected head of government is
deposed by military coup or
decree: <<NOTE: President. Determination. Certification.>> Provided,
That assistance may be resumed to such government if the President
determines and certifies to the Committees on Appropriations that
subsequent to the termination of assistance a democratically elected
government has taken office: Provided further, That the provisions of
this section shall not apply to assistance to promote democratic
elections or public participation in democratic
processes: <<NOTE: Notification.>> Provided further, That funds made
available pursuant to the previous provisos shall be subject to the
regular notification procedures of the Committees on Appropriations.
transfer authority
Sec. 7009. (a) Department of State and Broadcasting Board of
Governors.--Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the Department of State under title I of
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
not to exceed 5 percent of any appropriation made available for the
current fiscal year for the Broadcasting Board of Governors under title
I of this Act may be transferred between such appropriations, but no
such appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided
further, That any transfer pursuant to this section shall be treated as
a reprogramming of funds under section 7015(a) and (b) of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
(b) Export Financing Transfer Authorities.--Not to exceed 5 percent
of any appropriation other than for administrative expenses made
available for fiscal year 2009, for programs under title VI of this Act
may be transferred between such appropriations for use for any of the
purposes, programs, and activities for which the funds in such receiving
account may be used, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 25 percent by any
such transfer: <<NOTE: Notification.>> Provided, That the exercise of
such authority shall be subject to the regular notification procedures
of the Committees on Appropriations.
(c)(1) Limitation on Transfers Between Agencies.--None of the funds
made available under titles II through V of this Act may be transferred
to any department, agency, or instrumentality of the United States
Government, except pursuant to a transfer made by, or transfer authority
provided in, this Act or any other appropriation Act.
(2) Notwithstanding paragraph (1), in addition to transfers made by,
or authorized elsewhere in, this Act, funds appropriated by this Act to
carry out the purposes of the Foreign Assistance Act of 1961 may be
allocated or transferred to agencies of the United States Government
pursuant to the provisions of sections 109, 610, and 632 of the Foreign
Assistance Act of 1961.
(d) Transfers Between Accounts.--
None <<NOTE: President. Notification.>> of the funds made available
under titles II through V of this Act may be obligated under an
appropriation account to which they were not appropriated, except for
transfers specifically provided for in this Act, unless the President
provides notification in accordance with the
[[Page 123 STAT. 863]]
regular notification procedures of the Committees on Appropriations.
(e) Audit of Inter-Agency Transfers.--Any agreement for the transfer
or allocation of funds appropriated by this Act, or prior Acts, entered
into between the United States Agency for International Development and
another agency of the United States Government under the authority of
section 632(a) of the Foreign Assistance Act of 1961 or any comparable
provision of law, shall expressly provide that the Office of the
Inspector General for the agency receiving the transfer or allocation of
such funds shall perform periodic program and financial audits of the
use of such funds: Provided, That funds transferred under such authority
may be made available for the cost of such audits.
reporting requirement
Sec. 7010. The Secretary of State shall provide the Committees on
Appropriations, not later than April 1, 2009, and for each fiscal
quarter, a report in writing on the uses of funds made available under
the headings ``Foreign Military Financing Program'', ``International
Military Education and Training'', and ``Peacekeeping Operations'':
Provided, That such report shall include a description of the obligation
and expenditure of funds, and the specific country in receipt of, and
the use or purpose of the assistance provided by such funds.
availability of funds
Sec. 7011. No part of any appropriation contained in this Act shall
remain available for obligation after the expiration of the current
fiscal year unless expressly so provided in this Act: Provided, That
funds appropriated for the purposes of chapters 1, 8, 11, and 12 of part
I, section 661, section 667, chapters 4, 5, 6, 8, and 9 of part II of
the Foreign Assistance Act of 1961, section 23 of the Arms Export
Control Act, and funds provided under the headings ``Assistance for
Europe, Eurasia and Central Asia'' and ``Development Credit Authority'',
shall remain available for an additional 4 years from the date on which
the availability of such funds would otherwise have expired, if such
funds are initially obligated before the expiration of their respective
periods of availability contained in this Act: Provided further, That,
notwithstanding any other provision of this Act, any funds made
available for the purposes of chapter 1 of part I and chapter 4 of part
II of the Foreign Assistance Act of 1961 which are allocated or
obligated for cash disbursements in order to address balance of payments
or economic policy reform objectives, shall remain available until
expended.
limitation on assistance to countries in default
Sec. 7012. <<NOTE: President. Determination. Consultation.>> No
part of any appropriation provided under titles III through VI in this
Act shall be used to furnish assistance to the government of any country
which is in default during a period in excess of one calendar year in
payment to the United States of principal or interest on any loan made
to the government of such country by the United States pursuant to a
program for which funds are appropriated under this Act unless the
President
[[Page 123 STAT. 864]]
determines, following consultations with the Committees on
Appropriations, that assistance to such country is in the national
interest of the United States.
prohibition on taxation of united states assistance
Sec. 7013. (a) Prohibition on Taxation.--None of the funds
appropriated under titles III through VI of this Act may be made
available to provide assistance for a foreign country under a new
bilateral agreement governing the terms and conditions under which such
assistance is to be provided unless such agreement includes a provision
stating that assistance provided by the United States shall be exempt
from taxation, or reimbursed, by the foreign government, and the
Secretary of State shall expeditiously seek to negotiate amendments to
existing bilateral agreements, as necessary, to conform with this
requirement.
(b) Reimbursement of Foreign Taxes.--An amount equivalent to 200
percent of the total taxes assessed during fiscal year 2009 on funds
appropriated by this Act by a foreign government or entity against
commodities financed under United States assistance programs for which
funds are appropriated by this Act, either directly or through grantees,
contractors and subcontractors shall be withheld from obligation from
funds appropriated for assistance for fiscal year 2010 and allocated for
the central government of such country and for the West Bank and Gaza
program to the extent that the Secretary of State certifies and reports
in writing to the Committees on Appropriations that such taxes have not
been reimbursed to the Government of the United States.
(c) De Minimis Exception.--Foreign taxes of a de minimis nature
shall not be subject to the provisions of subsection (b).
(d) Reprogramming of Funds.--Funds withheld from obligation for each
country or entity pursuant to subsection (b) shall be reprogrammed for
assistance to countries which do not assess taxes on United States
assistance or which have an effective arrangement that is providing
substantial reimbursement of such taxes.
(e) Determinations.--
(1) The provisions of this section shall not apply to any
country or entity the Secretary of State determines--
(A) does not assess taxes on United States
assistance or which has an effective arrangement that is
providing substantial reimbursement of such taxes; or
(B) the foreign policy interests of the United
States outweigh the purpose of this section to ensure
that United States assistance is not subject to
taxation.
(2) The Secretary of State shall consult with the Committees
on Appropriations at least 15 days prior to exercising the
authority of this subsection with regard to any country or
entity.
(f) Implementation.--The <<NOTE: Regulations.>> Secretary of State
shall issue rules, regulations, or policy guidance, as appropriate, to
implement the prohibition against the taxation of assistance contained
in this section.
(g) Definitions.--As used in this section--
(1) the terms ``taxes'' and ``taxation'' refer to value
added taxes and customs duties imposed on commodities financed
with United States assistance for programs for which funds are
appropriated by this Act; and
[[Page 123 STAT. 865]]
(2) the term ``bilateral agreement'' refers to a framework
bilateral agreement between the Government of the United States
and the government of the country receiving assistance that
describes the privileges and immunities applicable to United
States foreign assistance for such country generally, or an
individual agreement between the Government of the United States
and such government that describes, among other things, the
treatment for tax purposes that will be accorded the United
States assistance provided under that agreement.
reservations of funds
Sec. 7014. (a) Funds appropriated under titles II through VI of this
Act which are specifically designated may be reprogrammed for other
programs within the same account notwithstanding the designation if
compliance with the designation is made impossible by operation of any
provision of this or any other Act: <<NOTE: Notification.>> Provided,
That any such reprogramming shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
assistance that is reprogrammed pursuant to this subsection shall be
made available under the same terms and conditions as originally
provided.
(b) In <<NOTE: Determination. Reports.>> addition to the authority
contained in subsection (a), the original period of availability of
funds appropriated by this Act and administered by the United States
Agency for International Development that are specifically designated
for particular programs or activities by this or any other Act shall be
extended for an additional fiscal year if the Administrator of such
agency determines and reports promptly to the Committees on
Appropriations that the termination of assistance to a country or a
significant change in circumstances makes it unlikely that such
designated funds can be obligated during the original period of
availability: Provided, That such designated funds that continue to be
available for an additional fiscal year shall be obligated only for the
purpose of such designation.
(c) Ceilings and specifically designated funding levels contained in
this Act shall not be applicable to funds or authorities appropriated or
otherwise made available by any subsequent Act unless such Act
specifically so directs: Provided, That specifically designated funding
levels or minimum funding requirements contained in any other Act shall
not be applicable to funds appropriated by this Act.
reprogramming notification requirements
Sec. 7015. <<NOTE: Deadlines.>> (a) None of the funds made
available in title I of this Act, or in prior appropriations Acts to the
agencies and departments funded by this Act that remain available for
obligation or expenditure in fiscal year 2009, or provided from any
accounts in the Treasury of the United States derived by the collection
of fees or of currency reflows or other offsetting collections, or made
available by transfer, to the agencies and departments funded by this
Act, shall be available for obligation or expenditure through a
reprogramming of funds that: (1) creates new programs; (2) eliminates a
program, project, or activity; (3) increases funds or personnel by any
means for any project or activity for which funds have been denied or
restricted; (4) relocates an office or employees; (5) closes or opens a
mission or post; (6) reorganizes or renames offices;
[[Page 123 STAT. 866]]
(7) reorganizes programs or activities; or (8) contracts out or
privatizes any functions or activities presently performed by Federal
employees; unless the Committees on Appropriations are notified 15 days
in advance of such reprogramming of funds.
(b) For the purposes of providing the executive branch with the
necessary administrative flexibility, none of the funds provided under
title I of this Act, or provided under previous appropriations Acts to
the agency or department funded under title I of this Act that remain
available for obligation or expenditure in fiscal year 2009, or provided
from any accounts in the Treasury of the United States derived by the
collection of fees available to the agency or department funded by title
I of this Act, shall be available for obligation or expenditure for
activities, programs, or projects through a reprogramming of funds in
excess of $750,000 or 10 percent, whichever is less, that: (1) augments
existing programs, projects, or activities; (2) reduces by 10 percent
funding for any existing program, project, or activity, or numbers of
personnel by 10 percent as approved by Congress; or (3) results from any
general savings, including savings from a reduction in personnel, which
would result in a change in existing programs, activities, or projects
as approved by Congress; unless the Committees on Appropriations are
notified 15 days in advance of such reprogramming of funds.
(c) For the purposes of providing the executive branch with the
necessary administrative flexibility, none of the funds made available
under titles II through V in this Act under the headings ``Global Health
and Child Survival'', ``Development Assistance'', ``International
Organizations and Programs'', ``Trade and Development Agency'',
``International Narcotics Control and Law Enforcement'', ``Andean
Counterdrug Programs'', ``Assistance for Europe, Eurasia and Central
Asia'', ``Economic Support Fund'', ``Democracy Fund'', ``Peacekeeping
Operations'', ``Capital Investment Fund'', ``Operating Expenses'',
``Office of Inspector General'', ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'', ``Millennium Challenge Corporation'',
``Foreign Military Financing Program'', ``International Military
Education and Training'', ``Peace Corps'', and ``Migration and Refugee
Assistance'', shall be available for obligation for activities,
programs, projects, type of materiel assistance, countries, or other
operations not justified or in excess of the amount justified to the
Committees on Appropriations for obligation under any of these specific
headings unless the Committees on Appropriations are previously notified
15 days in advance: Provided, That <<NOTE: President.>> the President
shall not enter into any commitment of funds appropriated for the
purposes of section 23 of the Arms Export Control Act for the provision
of major defense equipment, other than conventional ammunition, or other
major defense items defined to be aircraft, ships, missiles, or combat
vehicles, not previously justified to Congress or 20 percent in excess
of the quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such commitment:
Provided further, That this subsection shall not apply to any
reprogramming for an activity, program, or project for which funds are
appropriated under titles II through IV of this Act of less than 10
percent of the amount previously justified to the Congress for
obligation for such activity, program, or project for the current fiscal
year.
(d) Notwithstanding <<NOTE: Audits.>> any other provision of law,
funds transferred by the Department of Defense to the Department of
State and the United States Agency for International Development, and
[[Page 123 STAT. 867]]
funds made available for programs authorized by section 1206 of the
National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-
163), shall be subject to the regular notification procedures of the
Committees on Appropriations, and the agency receiving the transfer or
allocation shall perform periodic program financial audits of the use of
such funds and such funds may be made available for the cost of such
audits.
(e) The <<NOTE: Waiver authority.>> requirements of this section or
any similar provision of this Act or any other Act, including any prior
Act requiring notification in accordance with the regular notification
procedures of the Committees on Appropriations, may be waived if failure
to do so would pose a substantial risk to human health or welfare:
Provided, That in case of any such waiver, notification to the Congress,
or the appropriate congressional committees, shall be provided as early
as practicable, but in no event later than 3 days after taking the
action to which such notification requirement was applicable, in the
context of the circumstances necessitating such
waiver: <<NOTE: Explanation.>> Provided further, That any notification
provided pursuant to such a waiver shall contain an explanation of the
emergency circumstances.
(f) None <<NOTE: Foreign countries.>> of the funds appropriated
under titles III through VI of this Act shall be obligated or expended
for assistance for Serbia, Sudan, Zimbabwe, Pakistan, Dominican
Republic, Cuba, Iran, Haiti, Libya, Ethiopia, Nepal, Mexico, or Cambodia
and countries listed in section 7045(f)(4) of this Act except as
provided through the regular notification procedures of the Committees
on Appropriations.
notification on excess defense equipment
Sec. 7016. Prior to providing excess Department of Defense articles
in accordance with section 516(a) of the Foreign Assistance Act of 1961,
the Department of Defense shall notify the Committees on Appropriations
to the same extent and under the same conditions as other committees
pursuant to subsection (f) of that section: Provided, That before
issuing a letter of offer to sell excess defense articles under the Arms
Export Control Act, the Department of Defense shall notify the
Committees on Appropriations in accordance with the regular notification
procedures of such Committees if such defense articles are significant
military equipment (as defined in section 47(9) of the Arms Export
Control Act) or are valued (in terms of original acquisition cost) at
$7,000,000 or more, or if notification is required elsewhere in this Act
for the use of appropriated funds for specific countries that would
receive such excess defense articles: Provided further, That such
Committees shall also be informed of the original acquisition cost of
such defense articles.
limitation on availability of funds for international organizations and
programs
Sec. 7017. <<NOTE: Notification.>> Subject to the regular
notification procedures of the Committees on Appropriations, funds
appropriated under titles III through VI of this Act or any previously
enacted Act making appropriations for the Department of State, foreign
operations, and related programs, which are returned or not made
available for
[[Page 123 STAT. 868]]
organizations and programs because of the implementation of section
307(a) of the Foreign Assistance Act of 1961, shall remain available for
obligation until September 30, 2010.
prohibition on funding for abortions and involuntary sterilization
Sec. 7018. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be used to pay for
the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assistance Act of
1961, as amended, may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or provide any
financial incentive to any person to undergo sterilizations. None of the
funds made available to carry out part I of the Foreign Assistance Act
of 1961, as amended, may be used to pay for any biomedical research
which relates in whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization as a means of family planning.
None <<NOTE: President. Certification.>> of the funds made available to
carry out part I of the Foreign Assistance Act of 1961, as amended, may
be obligated or expended for any country or organization if the
President certifies that the use of these funds by any such country or
organization would violate any of the above provisions related to
abortions and involuntary sterilizations.
allocations
Sec. 7019. (a) Funds provided in this Act for the following accounts
shall be made available for programs and countries in the amounts
contained in the respective tables included in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act):
``Educational and Cultural Exchange Programs''.
``International Fisheries Commissions''.
``International Broadcasting Operations''.
``Global Health and Child Survival''.
``Development Assistance''.
``Economic Support Fund''.
``Assistance for Europe, Eurasia and Central Asia''.
``Andean Counterdrug Programs''.
``Nonproliferation, Anti-terrorism, Demining and Related
Programs''.
``Foreign Military Financing Program''.
``International Organizations and Programs''.
(b) For <<NOTE: Notification.>> the purposes of implementing this
section and only with respect to the tables included in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), the Secretary of State, Administrator of the
United States Agency for International Development and the Broadcasting
Board of Governors, as appropriate, may propose deviations to the
amounts referenced in subsection (a), subject to the regular
notification procedures of the Committees on Appropriations and section
634A of the Foreign Assistance Act of 1961.
(c) The requirements contained in subsection (a) shall apply to the
table under the headings ``Bilateral Economic Assistance'' and ``General
Provisions'' in such explanatory statement.
[[Page 123 STAT. 869]]
prohibition of payment of certain expenses
Sec. 7020. None of the funds appropriated or otherwise made
available by this Act under the headings ``International Military
Education and Training'' or ``Foreign Military Financing Program'' for
Informational Program activities or under the headings ``Global Health
and Child Survival'', ``Development Assistance'', and ``Economic Support
Fund'' may be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including but not
limited to entrance fees at sporting events, theatrical and
musical productions, and amusement parks.
prohibition on assistance to foreign governments that export lethal
military equipment to countries supporting international terrorism
Sec. 7021. <<NOTE: President.>> (a) None of the funds appropriated
or otherwise made available by titles III through VI of this Act may be
available to any foreign government which provides lethal military
equipment to a country the government of which the Secretary of State
has determined is a government that supports international terrorism for
purposes of section 6(j) of the Export Administration Act of
1979. <<NOTE: Termination date.>> The prohibition under this section
with respect to a foreign government shall terminate 12 months after
that government ceases to provide such military
equipment. <<NOTE: Applicability.>> This section applies with respect
to lethal military equipment provided under a contract entered into
after October 1, 1997.
(b) Assistance <<NOTE: Determination.>> restricted by subsection
(a) or any other similar provision of law, may be furnished if the
President determines that furnishing such assistance is important to the
national interests of the United States.
(c) Whenever <<NOTE: Reports.>> the President makes a determination
pursuant to subsection (b), the President shall submit to the
appropriate congressional committees a report with respect to the
furnishing of such assistance. Any such report shall include a detailed
explanation of the assistance to be provided, including the estimated
dollar amount of such assistance, and an explanation of how the
assistance furthers United States national interests.
prohibition on bilateral assistance to terrorist countries
Sec. 7022. <<NOTE: President. Determination.>> (a) Funds
appropriated for bilateral assistance under any heading in titles III
through VI of this Act and funds appropriated under any such heading in
a provision of law enacted prior to the enactment of this Act, shall not
be made available to any country which the President determines--
(1) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism; or
(2) otherwise supports international terrorism.
(b) The <<NOTE: Waiver authority. Determination. Federal Register,
publication. Deadline. Notification.>> President may waive the
application of subsection (a) to a country if the President determines
that national security or humanitarian reasons justify such waiver. The
President shall publish each waiver in the Federal Register and, at
least 15 days before the waiver takes effect, shall notify the
Committees on Appropriations of the waiver (including the justification
for the waiver)
[[Page 123 STAT. 870]]
in accordance with the regular notification procedures of the Committees
on Appropriations.
authorization requirements
Sec. 7023. Funds appropriated by this Act, except funds appropriated
under the heading ``Trade and Development Agency'', may be obligated and
expended notwithstanding section 10 of Public Law 91-672, section 15 of
the State Department Basic Authorities Act of 1956, section 313 of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public
Law 103-236), and section 504(a)(1) of the National Security Act of 1947
(50 U.S.C. 414(a)(1)).
definition of program, project, and activity
Sec. 7024. <<NOTE: Reports. Deadline.>> For the purpose of titles
II through VI of this Act ``program, project, and activity'' shall be
defined at the appropriations Act account level and shall include all
appropriations and authorizations Acts funding directives, ceilings, and
limitations with the exception that for the following accounts:
``Economic Support Fund'' and ``Foreign Military Financing Program'',
``program, project, and activity'' shall also be considered to include
country, regional, and central program level funding within each such
account; for the development assistance accounts of the United States
Agency for International Development ``program, project, and activity''
shall also be considered to include central, country, regional, and
program level funding, either as: (1) justified to the Congress; or (2)
allocated by the executive branch in accordance with a report, to be
provided to the Committees on Appropriations within 30 days of the
enactment of this Act, as required by section 653(a) of the Foreign
Assistance Act of 1961.
authorities for the peace corps, inter-american foundation and african
development foundation
Sec. 7025. Unless expressly provided to the contrary, provisions of
this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for the Department of State,
foreign operations, and related programs, shall not be construed to
prohibit activities authorized by or conducted under the Peace Corps
Act, the Inter-American Foundation Act or the African Development
Foundation Act. <<NOTE: Reports.>> The agency shall promptly report to
the Committees on Appropriations whenever it is conducting activities or
is proposing to conduct activities in a country for which assistance is
prohibited.
commerce, trade and surplus commodities
Sec. 7026. (a) None of the funds appropriated or made available
pursuant to titles III through VI of this Act for direct assistance and
none of the funds otherwise made available to the Export-Import Bank and
the Overseas Private Investment Corporation shall be obligated or
expended to finance any loan, any assistance or any other financial
commitments for establishing or expanding production of any commodity
for export by any country other than the United States, if the commodity
is likely to be in surplus on world markets at the time the resulting
productive capacity is expected to become operative and if the
assistance will cause
[[Page 123 STAT. 871]]
substantial injury to United States producers of the same, similar, or
competing commodity: Provided, That such prohibition shall not apply to
the Export-Import Bank if in the judgment of its Board of Directors the
benefits to industry and employment in the United States are likely to
outweigh the injury to United States producers of the same, similar, or
competing commodity, and the Chairman of the Board so notifies the
Committees on Appropriations.
(b) None of the funds appropriated by this or any other Act to carry
out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be
available for any testing or breeding feasibility study, variety
improvement or introduction, consultancy, publication, conference, or
training in connection with the growth or production in a foreign
country of an agricultural commodity for export which would compete with
a similar commodity grown or produced in the United States: Provided,
That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact on the export of agricultural commodities of
the United States; or
(2) research activities intended primarily to benefit
American producers.
(c) The <<NOTE: 22 USC 262h note.>> Secretary of the Treasury shall
instruct the United States Executive Directors of the International Bank
for Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-American
Development Bank, the International Monetary Fund, the Asian Development
Bank, the Inter-American Investment Corporation, the North American
Development Bank, the European Bank for Reconstruction and Development,
the African Development Bank, and the African Development Fund to use
the voice and vote of the United States to oppose any assistance by
these institutions, using funds appropriated or made available pursuant
to titles III through VI of this Act, for the production or extraction
of any commodity or mineral for export, if it is in surplus on world
markets and if the assistance will cause substantial injury to United
States producers of the same, similar, or competing commodity.
separate accounts
Sec. 7027. <<NOTE: 22 USC 2362 note.>> (a) Separate Accounts for
Local Currencies.--
(1) If assistance is furnished to the government of a
foreign country under chapters 1 and 10 of part I or chapter 4
of part II of the Foreign Assistance Act of 1961 under
agreements which result in the generation of local currencies of
that country, the Administrator of the United States Agency for
International Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government
which sets forth--
(i) the amount of the local currencies to be
generated; and
(ii) the terms and conditions under which the
currencies so deposited may be utilized,
consistent with this section; and
[[Page 123 STAT. 872]]
(C) establish by agreement with that government the
responsibilities of the United States Agency for
International Development and that government to monitor
and account for deposits into and disbursements from the
separate account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a separate
account pursuant to subsection (a), or an equivalent amount of
local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or
chapter 4 of part II (as the case may be), for such
purposes as--
(i) project and sector assistance activities;
or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the
United States Government.
(3) Programming accountability.--The United States Agency
for International Development shall take all necessary steps to
ensure that the equivalent of the local currencies disbursed
pursuant to subsection (a)(2)(A) from the separate account
established pursuant to subsection (a)(1) are used for the
purposes agreed upon pursuant to subsection (a)(2).
(4) Termination of assistance programs.--Upon termination of
assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II (as the case may be), any unencumbered
balances of funds which remain in a separate account established
pursuant to subsection (a) shall be disposed of for such
purposes as may be agreed to by the government of that country
and the United States Government.
(5) Reporting requirement.--The Administrator of the United
States Agency for International Development shall report on an
annual basis as part of the justification documents submitted to
the Committees on Appropriations on the use of local currencies
for the administrative requirements of the United States
Government as authorized in subsection (a)(2)(B), and such
report shall include the amount of local currency (and United
States dollar equivalent) used and/or to be used for such
purpose in each applicable country.
(b) Separate Accounts for Cash Transfers.--
(1) If assistance is made available to the government of a
foreign country, under chapter 1 or 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961, as cash transfer
assistance or as nonproject sector assistance, that country
shall be required to maintain such funds in a separate account
and not commingle them with any other funds.
(2) Applicability of other provisions of law.--Such funds
may be obligated and expended notwithstanding provisions of law
which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) Notification.--At least <<NOTE: Deadline. President.>>
15 days prior to obligating any such cash transfer or nonproject
sector assistance, the President shall submit a notification
through the regular notification procedures of the Committees on
Appropriations, which shall include a detailed description of
how the funds proposed to be made available will be used, with a
discussion
[[Page 123 STAT. 873]]
of the United States interests that will be served by the
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of subsection (b)(1) only through
the notification procedures of the Committees on Appropriations.
eligibility for assistance
Sec. 7028. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to
assistance for a country shall not be construed to restrict assistance
in support of programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of chapters 1, 10,
11, and 12 of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961, and from funds appropriated under the heading ``Assistance
for Europe, Eurasia and Central
Asia'': <<NOTE: President. Notification.>> Provided, That before using
the authority of this subsection to furnish assistance in support of
programs of nongovernmental organizations, the President shall notify
the Committees on Appropriations under the regular notification
procedures of those committees, including a description of the program
to be assisted, the assistance to be provided, and the reasons for
furnishing such assistance: <<NOTE: Abortion. Sterilization.>> Provided
further, That nothing in this subsection shall be construed to alter any
existing statutory prohibitions against abortion or involuntary
sterilizations contained in this or any other Act.
(b) Public Law 480.--During fiscal year 2009, restrictions contained
in this or any other Act with respect to assistance for a country shall
not be construed to restrict assistance under the Agricultural Trade
Development and Assistance Act of 1954: Provided, That none of the funds
appropriated to carry out title I of such Act and made available
pursuant to this subsection may be obligated or expended except as
provided through the regular notification procedures of the Committees
on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism; or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates
internationally recognized human rights.
impact on jobs in the united states
Sec. 7029. None of the funds appropriated under titles III through
VI of this Act may be obligated or expended to provide--
(1) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce the
number of employees of such business enterprise in the United
States because United States production is being replaced by
such enterprise outside the United States; or
[[Page 123 STAT. 874]]
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized
workers rights, as defined in section 507(4) of the Trade Act of
1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That the
application of section 507(4)(D) and (E) of such Act should be
commensurate with the level of development of the recipient
country and sector, and shall not preclude assistance for the
informal sector in such country, micro and small-scale
enterprise, and smallholder agriculture.
international financial institutions
Sec. 7030. (a) None of the funds appropriated in title V of this Act
may be made as payment to any international financial institution while
the United States Executive Director to such institution is compensated
by the institution at a rate which, together with whatever compensation
such Director receives from the United States, is in excess of the rate
provided for an individual occupying a position at level IV of the
Executive Schedule under section 5315 of title 5, United States Code, or
while any alternate United States Director to such institution is
compensated by the institution at a rate in excess of the rate provided
for an individual occupying a position at level V of the Executive
Schedule under section 5316 of title 5, United States Code.
(b) The Secretary of the Treasury shall instruct the United States
Executive Director at each international financial institution to oppose
any loan, grant, strategy or policy of these institutions that would
require user fees or service charges on poor people for primary
education or primary healthcare, including prevention, care and
treatment for HIV/AIDS, malaria, tuberculosis, and infant, child, and
maternal well-being, in connection with the institutions' financing
programs.
(c) The Secretary of the Treasury shall instruct the United States
Executive Director at the International Monetary Fund to use the voice
and vote of the United States to oppose any loan, project, agreement,
memorandum, instrument, or other program of the International Monetary
Fund that would not exempt increased government spending on health care
or education from national budget caps or restraints, hiring or wage
bill ceilings or other limits imposed by the International Monetary Fund
in Heavily Indebted Poor Countries.
(d) For purposes of this section ``international financial
institutions'' are the International Bank for Reconstruction and
Development, the Inter-American Development Bank, the Asian Development
Bank, the Asian Development Fund, the African Development Bank, the
African Development Fund, the International Monetary Fund, the North
American Development Bank, and the European Bank for Reconstruction and
Development.
debt-for-development
Sec. 7031. <<NOTE: Notification.>> In order to enhance the
continued participation of nongovernmental organizations in debt-for-
development and debt-for-nature exchanges, a nongovernmental
organization which is a grantee or contractor of the United States
Agency for International Development may place in interest bearing
accounts local currencies which accrue to that organization as a result
of economic assistance
[[Page 123 STAT. 875]]
provided under title III of this Act and, subject to the regular
notification procedures of the Committees on Appropriations, any
interest earned on such investment shall be used for the purpose for
which the assistance was provided to that organization.
Authority to Engage in Debt Buybacks or Sales
Sec. 7032. (a) Loans Eligible for Sale, Reduction, or
Cancellation.--
(1) Authority to sell, reduce, or cancel certain loans.--
Notwithstanding any other provision of law, the President may,
in accordance with this section, sell to any eligible purchaser
any concessional loan or portion thereof made before January 1,
1995, pursuant to the Foreign Assistance Act of 1961, to the
government of any eligible country as defined in section 702(6)
of that Act or on receipt of payment from an eligible purchaser,
reduce or cancel such loan or portion thereof, only for the
purpose of facilitating--
(A) debt-for-equity swaps, debt-for-development
swaps, or debt-for-nature swaps; or
(B) a debt buyback by an eligible country of its own
qualified debt, only if the eligible country uses an
additional amount of the local currency of the eligible
country, equal to not less than 40 percent of the price
paid for such debt by such eligible country, or the
difference between the price paid for such debt and the
face value of such debt, to support activities that link
conservation and sustainable use of natural resources
with local community development, and child survival and
other child development, in a manner consistent with
sections 707 through 710 of the Foreign Assistance Act
of 1961, if the sale, reduction, or cancellation would
not contravene any term or condition of any prior
agreement relating to such loan.
(2) Terms and conditions.--
Notwithstanding <<NOTE: President.>> any other provision of
law, the President shall, in accordance with this section,
establish the terms and conditions under which loans may be
sold, reduced, or canceled pursuant to this section.
(3) Administration.--The <<NOTE: Notification.>> Facility,
as defined in section 702(8) of the Foreign Assistance Act of
1961, shall notify the administrator of the agency primarily
responsible for administering part I of the Foreign Assistance
Act of 1961 of purchasers that the President has determined to
be eligible, and shall direct such agency to carry out the sale,
reduction, or cancellation of a loan pursuant to this section.
Such agency shall make adjustment in its accounts to reflect the
sale, reduction, or cancellation.
(4) Limitation.--The authorities of this subsection shall be
available only to the extent that appropriations for the cost of
the modification, as defined in section 502 of the Congressional
Budget Act of 1974, are made in advance.
(b) Deposit of Proceeds.--The proceeds from the sale, reduction, or
cancellation of any loan sold, reduced, or canceled pursuant to this
section shall be deposited in the United States Government account or
accounts established for the repayment of such loan.
(c) Eligible Purchasers.--A loan may be sold pursuant to subsection
(a)(1)(A) only to a purchaser who presents plans satisfactory to the
President for using the loan for the purpose of engaging
[[Page 123 STAT. 876]]
in debt-for-equity swaps, debt-for-development swaps, or debt-for-nature
swaps.
(d) Debtor Consultations.--Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this section, of
any loan made to an eligible country, the President should consult with
the country concerning the amount of loans to be sold, reduced, or
canceled and their uses for debt-for-equity swaps, debt-for-development
swaps, or debt-for-nature swaps.
(e) Availability of Funds.--The authority provided by subsection (a)
may be used only with regard to funds appropriated by this Act under the
heading ``Debt Restructuring''.
Special Debt Relief for the Poorest
Sec. 7033. (a) Authority to Reduce Debt.--The President may reduce
amounts owed to the United States (or any agency of the United States)
by an eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of the
Foreign Assistance Act of 1961;
(2) credits extended or guarantees issued under the Arms
Export Control Act; or
(3) any obligation or portion of such obligation, to pay for
purchases of United States agricultural commodities guaranteed
by the Commodity Credit Corporation under export credit
guarantee programs authorized pursuant to section 5(f) of the
Commodity Credit Corporation Charter Act of June 29, 1948, as
amended, section 4(b) of the Food for Peace Act of 1966, as
amended (Public Law 89-808), or section 202 of the Agricultural
Trade Act of 1978, as amended (Public Law 95-501).
(b) Limitations.--
(1) The authority provided by subsection (a) may be
exercised only to implement multilateral official debt relief
and referendum agreements, commonly referred to as ``Paris Club
Agreed Minutes''.
(2) The authority provided by subsection (a) may be
exercised only in such amounts or to such extent as is provided
in advance by appropriations Acts.
(3) The authority provided by subsection (a) may be
exercised only with respect to countries with heavy debt burdens
that are eligible to borrow from the International Development
Association, but not from the International Bank for
Reconstruction and Development, commonly referred to as ``IDA-
only'' countries.
(c) Conditions.--The authority provided by subsection (a) may be
exercised only with respect to a country whose government--
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international narcotics
control matters;
(4) (including its military or other security forces) does
not engage in a consistent pattern of gross violations of
internationally recognized human rights; and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
[[Page 123 STAT. 877]]
(d) Availability of Funds.--The authority provided by subsection (a)
may be used only with regard to the funds appropriated by this Act under
the heading ``Debt Restructuring''.
(e) Certain Prohibitions Inapplicable.--A reduction of debt pursuant
to subsection (a) shall not be considered assistance for the purposes of
any provision of law limiting assistance to a country. The authority
provided by subsection (a) may be exercised notwithstanding section
620(r) of the Foreign Assistance Act of 1961 or section 321 of the
International Development and Food Assistance Act of 1975.
special authorities
Sec. 7034. (a) <<NOTE: Notification.>> Afghanistan, Iraq, Pakistan,
Lebanon, Montenegro, Victims of War, Displaced Children, and Displaced
Burmese.--Funds appropriated under titles III through VI of this Act
that are made available for assistance for Afghanistan may be made
available notwithstanding section 7012 of this Act or any similar
provision of law and section 660 of the Foreign Assistance Act of 1961,
and funds appropriated in titles III and VI of this Act that are made
available for Iraq, Lebanon, Montenegro, Pakistan, and for victims of
war, displaced children, and displaced Burmese, and to assist victims of
trafficking in persons and, subject to the regular notification
procedures of the Committees on Appropriations, to combat such
trafficking, may be made available notwithstanding any other provision
of law.
(b)(1) Waiver.--
The <<NOTE: President. Determination. Certification.>> President may
waive the provisions of section 1003 of Public Law 100-204 if the
President determines and certifies in writing to the Speaker of the
House of Representatives and the President pro tempore of the Senate
that it is important to the national security interests of the United
States.
(2) Period of Application of Waiver.--Any waiver pursuant to
paragraph (1) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
(c) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, the United
States Agency for International Development may provide an exception to
the fair opportunity process for placing task orders under such
contracts when the order is placed with any category of small or small
disadvantaged business.
(d) Vietnamese Refugees.--Section 594(a) of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 2005 (enacted
as division D of Public Law 108-447; 118 Stat. 3038) is amended by
striking ``2009'' and inserting ``2010''.
(e) Reconstituting Civilian Police Authority.--In providing
assistance with funds appropriated by this Act under section 660(b)(6)
of the Foreign Assistance Act of 1961, support for a nation emerging
from instability may be deemed to mean support for regional, district,
municipal, or other sub-national entity emerging from instability, as
well as a nation emerging from instability.
(f) International Prison Conditions.--Funds appropriated by this Act
to carry out the provisions of chapters 1 and 11 of part I and chapter 4
of part II of the Foreign Assistance Act of 1961, and the Support for
East European Democracy (SEED) Act of 1989, shall be made available for
assistance to address inhumane conditions in prisons and other detention
facilities
[[Page 123 STAT. 878]]
administered by foreign governments that the Secretary of State
determines are making efforts to address, among other things, prisoners'
health, sanitation, nutrition and other basic
needs: <<NOTE: Designation.>> Provided, That the Secretary of State
shall designate a Deputy Assistant Secretary of State in the Bureau of
Democracy, Human Rights and Labor to have primary responsibility for
diplomatic efforts related to international prison conditions.
(g) Extension of Authority.--The Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1990 (Public Law
101-167) is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``and 2008''
and inserting ``2008, and 2009''; and
(B) in subsection (e), by striking ``2008'' each
place it appears and inserting ``2009''; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ``2008'' and inserting ``2009''.
(h) World Food Program.--Of the funds managed by the Bureau for
Democracy, Conflict, and Humanitarian Assistance of the United States
Agency for International Development, from this or any other Act, not
less than $10,000,000 shall be made available as a general contribution
to the World Food Program, notwithstanding any other provision of law.
(i) Library of Congress.--Notwithstanding any other provision of
law, of the funds appropriated under the heading ``Embassy Security,
Construction, and Maintenance'', not less than $2,000,000 shall be made
available for the Capital Security Cost-Sharing fees of the Library of
Congress.
(j) Disarmament, Demobilization and Reintegration.--Notwithstanding
any other provision of law, regulation or Executive order, funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
headings ``Economic Support Fund'', ``Peacekeeping Operations'',
``International Disaster Assistance'', and ``Transition Initiatives''
should be made available to support programs to disarm, demobilize, and
reintegrate into civilian society former members of foreign terrorist
organizations: <<NOTE: Consultation.>> Provided, That the Secretary of
State shall consult with the Committees on Appropriations prior to the
obligation of funds pursuant to this subsection: Provided further,
That <<NOTE: Definition.>> for the purposes of this subsection the term
``foreign terrorist organization'' means an organization designated as a
terrorist organization under section 219 of the Immigration and
Nationality Act.
(k) Nongovernmental Organizations.--With respect to the provision of
assistance for democracy, human rights and governance activities, the
organizations implementing such assistance and the specific nature of
that assistance shall not be subject to the prior approval by the
government of any foreign country.
(l) Program for Research and Training on Eastern Europe and the
Independent States of the Former Soviet Union.--Of the funds
appropriated by this Act under the heading, ``Economic Support Fund'',
not less than $5,000,000 shall be made available to carry out the
Program for Research and Training on Eastern Europe and the Independent
States of the Former Soviet Union (title VIII) as authorized by the
Soviet-Eastern European Research and Training Act of 1983 (22 U.S.C.
4501-4508, as amended).
[[Page 123 STAT. 879]]
(m) Authority.--Funds <<NOTE: Grants. Nuclear security. North
Korea.>> appropriated or otherwise made available by title III of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2008 (division J of Public Law 110-161) under the
heading ``Economic Support Fund'' that are available for a competitively
awarded grant for nuclear security initiatives relating to North Korea
shall be made available notwithstanding any other provision of law.
(n) Middle East Foundation.--Funds <<NOTE: Notification.>>
appropriated by this Act and prior Acts for a Middle East Foundation
shall be subject to the regular notification procedures of the
Committees on Appropriations.
(o) Global Food Security.--Notwithstanding <<NOTE: Notification.>>
any other provision of law, to include minimum funding requirements or
funding directives, funds made available under the headings
``Development Assistance'' and ``Economic Support Fund'' in this Act and
prior Acts making appropriations for the Department of State, foreign
operations, and related programs may be made available to address
critical food shortages, subject to prior consultation with, and the
regular notification procedures of, the Committees on Appropriations.
arab league boycott of israel
Sec. 7035. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with Israel,
is an impediment to peace in the region and to United States
investment and trade in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of Israel
immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should continue
to vigorously oppose the Arab League boycott of Israel and find
concrete steps to demonstrate that opposition by, for example,
taking into consideration the participation of any recipient
country in the boycott when determining to sell weapons to said
country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel to
bring about the termination of the Arab League boycott of
Israel, including those to encourage allies and trading partners
of the United States to enact laws prohibiting businesses from
complying with the boycott and penalizing businesses that do
comply.
palestinian statehood
Sec. 7036. (a) <<NOTE: Determination. Certification.>> Limitation
on Assistance.--None of the funds appropriated under titles III through
VI of this Act may be provided to support a Palestinian state unless the
Secretary of State determines and certifies to the appropriate
congressional committees that--
(1) the governing entity of a new Palestinian state--
[[Page 123 STAT. 880]]
(A) has demonstrated a firm commitment to peaceful
co-existence with the State of Israel;
(B) is taking appropriate measures to counter
terrorism and terrorist financing in the West Bank and
Gaza, including the dismantling of terrorist
infrastructures, and is cooperating with appropriate
Israeli and other appropriate security organizations;
and
(2) the Palestinian Authority (or the governing entity of a
new Palestinian state) is working with other countries in the
region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include--
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgement of the
sovereignty, territorial integrity, and political
independence of every state in the area through measures
including the establishment of demilitarized zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of
force;
(D) freedom of navigation through international
waterways in the area; and
(E) a framework for achieving a just settlement of
the refugee problem.
(b) Sense of Congress.--It is the sense of Congress that the
governing entity should enact a constitution assuring the rule of law,
an independent judiciary, and respect for human rights for its citizens,
and should enact other laws and regulations assuring transparent and
accountable governance.
(c) Waiver.--The <<NOTE: President.>> President may waive
subsection (a) if he determines that it is important to the national
security interests of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not apply to
assistance intended to help reform the Palestinian Authority and
affiliated institutions, or the governing entity, in order to help meet
the requirements of subsection (a), consistent with the provisions of
section 7040 of this Act (``Limitation on Assistance to the Palestinian
Authority'').
restrictions concerning the palestinian authority
Sec. 7037. None of the funds appropriated under titles II through VI
of this Act may be obligated or expended to create in any part of
Jerusalem a new office of any department or agency of the United States
Government for the purpose of conducting official United States
Government business with the Palestinian Authority over Gaza and Jericho
or any successor Palestinian governing entity provided for in the
Israel-PLO Declaration of Principles: Provided, That this restriction
shall not apply to the acquisition of additional space for the existing
Consulate General in Jerusalem: Provided further, That meetings between
officers and employees of the United States and officials of the
Palestinian Authority, or any successor Palestinian governing entity
provided for in the Israel-PLO Declaration of Principles, for the
purpose of conducting official United States Government business with
such authority should continue to take place in locations other than
Jerusalem. As has been true in the past, officers and employees
[[Page 123 STAT. 881]]
of the United States Government may continue to meet in Jerusalem on
other subjects with Palestinians (including those who now occupy
positions in the Palestinian Authority), have social contacts, and have
incidental discussions.
prohibition on assistance to the palestinian broadcasting corporation
Sec. 7038. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment, technical
support, consulting services, or any other form of assistance to the
Palestinian Broadcasting Corporation.
assistance for the west bank and gaza
Sec. 7039. (a) Oversight.--For <<NOTE: Deadline. Certification.>>
fiscal year 2009, 30 days prior to the initial obligation of funds for
the bilateral West Bank and Gaza Program, the Secretary of State shall
certify to the Committees on Appropriations that procedures have been
established to assure the Comptroller General of the United States will
have access to appropriate United States financial information in order
to review the uses of United States assistance for the Program funded
under the heading ``Economic Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior <<NOTE: Terrorism.>> to the obligation of funds
appropriated by this Act under the heading ``Economic Support Fund'' for
assistance for the West Bank and Gaza, the Secretary of State shall take
all appropriate steps to ensure that such assistance is not provided to
or through any individual, private or government entity, or educational
institution that the Secretary knows or has reason to believe advocates,
plans, sponsors, engages in, or has engaged in, terrorist activity nor,
with respect to private entities or educational institutions, those that
have as a principal officer of the entity's governing board or governing
board of trustees any individual that has been determined to be involved
in, or advocating terrorist activity or determined to be a member of a
designated foreign terrorist organization. <<NOTE: Procedures.>> The
Secretary of State shall, as appropriate, establish procedures
specifying the steps to be taken in carrying out this subsection and
shall terminate assistance to any individual, entity, or educational
institution which she has determined to be involved in or advocating
terrorist activity.
(c) Prohibition.--
(1) None of the funds appropriated under titles III through
VI of this Act for assistance under the West Bank and Gaza
Program may be made available for the purpose of recognizing or
otherwise honoring individuals who commit, or have committed
acts of terrorism.
(2) Notwithstanding <<NOTE: Reports.>> any other provision
of law, none of the funds made available by this or prior
appropriations act, including funds made available by transfer,
may be made available for obligation for security assistance for
the West Bank and Gaza until the Secretary of State reports to
the Committees on Appropriations on the benchmarks that have
been established for security assistance for the West Bank and
Gaza and reports on the extent of Palestinian compliance with
such benchmarks.
(d) Audits.--
[[Page 123 STAT. 882]]
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-
Federal audits of all contractors and grantees, and significant
subcontractors and sub-grantees, under the West Bank and Gaza
Program, are conducted at least on an annual basis to ensure,
among other things, compliance with this section.
(2) Of the funds appropriated by this Act up to $500,000 may
be used by the Office of the Inspector General of the United
States Agency for International Development for audits,
inspections, and other activities in furtherance of the
requirements of this subsection. Such funds are in addition to
funds otherwise available for such purposes.
(e) Subsequent <<NOTE: Audits. Investigation.>> to the
certification specified in subsection (a), the Comptroller General of
the United States shall conduct an audit and an investigation of the
treatment, handling, and uses of all funds for the bilateral West Bank
and Gaza Program, including all funds provided as cash transfer
assistance, in fiscal year 2009 under the heading ``Economic Support
Fund''. The audit shall address--
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c), and
(2) an examination of all programs, projects, and activities
carried out under such Program, including both obligations and
expenditures.
(f) Funds <<NOTE: Notification.>> made available in this Act for
West Bank and Gaza shall be subject to the regular notification
procedures of the Committees on Appropriations.
(g) Not <<NOTE: Deadline. Reports.>> later than 180 days after
enactment of this Act, the Secretary of State shall submit a report to
the Committees on Appropriations updating the report contained in
section 2106 of chapter 2 of title II of Public Law 109-13.
limitation on assistance for the palestinian authority
Sec. 7040. <<NOTE: President.>> (a) Prohibition of Funds.--None of
the funds appropriated by this Act to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961 may be
obligated or expended with respect to providing funds to the Palestinian
Authority.
(b) Waiver.--The <<NOTE: Certification.>> prohibition included in
subsection (a) shall not apply if the President certifies in writing to
the Speaker of the House of Representatives, the President pro tempore
of the Senate, and the Committees on Appropriations that waiving such
prohibition is important to the national security interests of the
United States.
(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
(d) Report.--Whenever the waiver authority pursuant to subsection
(b) is exercised, the President shall submit a report to the Committees
on Appropriations detailing the justification for the waiver, the
purposes for which the funds will be spent, and the accounting
procedures in place to ensure that the funds are properly disbursed. The
report shall also detail the steps the Palestinian Authority has taken
to arrest terrorists, confiscate weapons and dismantle the terrorist
infrastructure.
[[Page 123 STAT. 883]]
(e) Certification.--If the President exercises the waiver authority
under subsection (b), the Secretary of State must certify and report to
the Committees on Appropriations prior to the obligation of funds that
the Palestinian Authority has established a single treasury account for
all Palestinian Authority financing and all financing mechanisms flow
through this account, no parallel financing mechanisms exist outside of
the Palestinian Authority treasury account, and there is a single
comprehensive civil service roster and payroll.
(f) Prohibition.--
(1) None <<NOTE: Certification.>> of the funds appropriated
in titles III through VI of this Act may be obligated for
salaries of personnel of the Palestinian Authority located in
Gaza or may be obligated or expended for assistance to Hamas or
any entity effectively controlled by Hamas or any power-sharing
government of which Hamas is a member unless the President
certifies in writing and reports to the Committees on
Appropriations that Hamas has accepted and is complying with the
principles contained in section 620K(b)(1)(A) and (B) of the
Foreign Assistance Act of 1961, as amended.
(2) None of the funds appropriated under titles III through
VI of this Act may be obligated for assistance for the Palestine
Liberation Organization.
broadcasting transparency
Sec. 7041. (a) <<NOTE: Reports.>> Of the funds appropriated in this
Act under the heading ``International Broadcasting Operations'' for
Middle East Broadcasting Networks, 10 percent of the funds shall not be
available for obligation until the Broadcasting Board of Governors
reports to the Committee on Appropriations on--
(1) The results of the independent outside evaluation of
Alhurra programming to examine its journalistic integrity and
adherence to standards and principles of the United States
International Broadcasting Act; and
(2) Whether the directives in the explanatory statement
accompanying the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2008 (division J of Public
Law 110-161) regarding Alhurra have been implemented and are
operational.
(b) The Office of the Inspector General of the Department of State
and the Broadcasting Board of Governors shall monitor adherence to the
standards of the Journalistic Code of Ethics of the Middle East
Broadcasting Networks, as updated in May 2007.
iraq
Sec. 7042. (a) Assistance.--None of the funds appropriated or
otherwise made available by this Act may be made available for
assistance for Iraq, except funds appropriated by this Act under the
heading ``Nonproliferation, Anti-terrorism, Demining and Related
Programs'' for the removal and disposal of landmines and other
unexploded ordnance, small arms and light weapons in Iraq.
(b) Matching Requirement.--The <<NOTE: Applicability.>> terms and
conditions of section 1402(e)(1), (2), (3) and (4) of Public Law 110-252
shall apply to assistance for Iraq in fiscal year 2009.
(c) Transition Plan.--Not <<NOTE: Deadline. Reports. Classified
information.>> later than 180 days after enactment of this Act, the
Secretary of State, in consultation with relevant
[[Page 123 STAT. 884]]
United States Government agencies, shall submit to the Committees on
Appropriations a report, in classified form if necessary, that details
the plans, costs and timelines associated with the transition of
programs and activities funded under titles III through VI of this Act
and prior Acts making appropriations for the Department of State,
foreign operations, and related programs to the Government of Iraq.
(d) Base Rights.--None of the funds made available in this Act may
be used by the Government of the United States to enter into a permanent
basing rights agreement between the United States and Iraq.
report on iran sanctions
Sec. 7043. Not later than 180 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations on the status of multilateral and bilateral United States
sanctions against Iran and actions taken by the United States and the
international community to enforce sanctions against Iran. The report,
which may be submitted in classified form if necessary, shall include
the following:
(1) A list of all current United States bilateral and
multilateral sanctions against Iran;
(2) A list of all United States and foreign registered
entities which the Secretary of State has reason to believe may
be in violation of existing United States bilateral and
multilateral sanctions;
(3) A detailed description of United States efforts to
enforce sanctions, including a list of all investigations
initiated in the 12 months preceeding the enactment of this Act
that have resulted in a determination that a sanctions violation
has occurred and United States government actions taken pursuant
to the determination;
(4) In the instances when sanctions were waived or otherwise
not imposed against entities that were determined to have
violated United States bilateral or multilateral sanctions, the
reason in each instance of why action was not taken to sanction
the entity; and
(5) A description of United States diplomatic efforts to
expand bilateral and multilateral sanctions against Iran and
strengthen international efforts to enforce existing sanctions.
lebanon
Sec. 7044. (a) Funds appropriated under the heading ``Foreign
Military Financing Program'' in this Act for assistance for Lebanon
shall be made available only to professionalize the Lebanese Armed
Forces and to strengthen border security and combat terrorism, including
training and equipping the Lebanese Armed Forces to secure Lebanon's
borders, interdicting arms shipments, preventing the use of Lebanon as a
safe haven for terrorist groups and implementing United Nations Security
Council Resolution 1701.
(b) None <<NOTE: Spending plan.>> of the funds in subsection (a)
may be made available for obligation until after the Secretary of State
provides the Committees on Appropriations a detailed spending plan,
which shall include a strategy for professionalizing the Lebanese Armed
Forces, strengthening border security and combating terrorism in
Lebanon.
[[Page 123 STAT. 885]]
western hemisphere
Sec. 7045. (a) Free Trade Agreements.--Of the funds appropriated by
this Act not less than $10,000,000 from ``Development Assistance'' and
not less than $10,000,000 from ``Economic Support Fund'' shall be made
available for labor and environmental capacity building activities
relating to the free trade agreements with countries of Central America,
Peru and the Dominican Republic.
(b) Haiti.--
(1) The Government of Haiti shall be eligible to purchase
defense articles and services under the Arms Export Control Act
(22 U.S.C. 2751 et seq.), for the Coast Guard.
(2) Of the funds appropriated by this Act under titles III
and IV, not less than $251,126,000 shall be made available for
assistance for Haiti.
(3) None <<NOTE: Reports.>> of the funds made available by
this Act under the heading ``International Narcotics Control and
Law Enforcement'' may be used to transfer excess weapons,
ammunition or other lethal property of an agency of the United
States Government to the Government of Haiti for use by the
Haitian National Police until the Secretary of State reports to
the Committees on Appropriations that any members of the Haitian
National Police who have been credibly alleged to have committed
serious crimes, including drug trafficking and violations of
internationally recognized human rights, have been suspended.
(c) Dominican Republic.--Of the funds appropriated by this Act that
are available for assistance for the Dominican Republic, not less than
$5,000,000 shall be made available for basic health care, nutrition,
sanitation, education, and shelter for migrant workers and other
residents of batey communities.
(d) Assistance for Guatemala.--
(1) Funds appropriated by this Act under the heading
``International Military Education and Training'' (IMET) that
are available for assistance for Guatemala, other than for
expanded IMET, may be made available only for the Guatemalan Air
Force, Navy and Army Corps of Engineers: Provided, That
assistance for the Army Corps of Engineers shall only be
available for training to improve disaster response capabilities
and to participate in international peacekeeping operations:
Provided further, That <<NOTE: Certification.>> such funds may
be made available only if the Secretary of State certifies that
the Air Force, Navy and Army Corps of Engineers are respecting
internationally recognized human rights and cooperating with
civilian judicial investigations and prosecutions of current and
retired military personnel who have been credibly alleged to
have committed violations of such rights, and with the
International Commission Against Impunity in Guatemala (CICIG)
by granting access to CICIG personnel, providing evidence to
CICIG, and allowing witness testimony.
(2) Of the funds appropriated by this Act under the heading
``Foreign Military Financing Program'', not more than $500,000
may be made available for the Guatemalan Air Force, Navy and
Army Corps of Engineers: Provided, That assistance for the Army
Corps of Engineers shall only be available for training to
improve disaster response capabilities and to participate in
international peacekeeping operations: <<NOTE: Certification.>>
Provided further,
[[Page 123 STAT. 886]]
That such funds may be made available only if the Secretary of
State certifies that the Air Force, Navy and Army Corps of
Engineers are respecting internationally recognized human rights
and cooperating with civilian judicial investigations and
prosecutions of current and retired military personnel who have
been credibly alleged to have committed violations of such
rights, including protecting and providing to the Attorney
General's office all military archives pertaining to the
internal armed conflict, and cooperating with the CICIG by
granting access to CICIG personnel, providing evidence to CICIG,
and allowing witness testimony.
(e) Assistance for Mexico.--Of the funds appropriated under the
headings ``International Narcotics Control and Law Enforcement'',
``Foreign Military Financing Program'', and ``Economic Support Fund'' in
this Act, not more than $300,000,000 may be made available for
assistance for Mexico, only to combat drug trafficking and related
violence and organized crime, and for judicial reform, institution
building, anti-corruption, and rule of law activities, of which not less
than $75,000,000 shall be used for judicial reform, institution
building, anti-corruption, and rule of law activities: Provided, That
none of the funds made available under this section shall be made
available for budget support or as cash payments.
(1) Allocation of funds.--Fifteen <<NOTE: Reports.>>
percent of the funds made available under this section in this
Act, for assistance for Mexico, not including assistance for
judicial reform, institution building, anti-corruption, and rule
of law activities, may not be obligated until the Secretary of
State reports in writing to the Committees on Appropriations
that the Government of Mexico is continuing to--
(A) improve the transparency and accountability of
Federal police forces and to work with State and
municipal authorities to improve the transparency and
accountability of State and municipal police forces
through mechanisms including police complaints
commissions with authority and independence to receive
complaints and carry out effective investigations;
(B) conduct regular consultations with Mexican human
rights organizations and other relevant Mexican civil
society organizations on recommendations for the
implementation of the Merida Initiative in accordance
with Mexican and international law;
(C) ensure that civilian prosecutors and judicial
authorities are investigating and prosecuting, in
accordance with Mexican and international law, members
of the Federal police and military forces who have been
credibly alleged to have violated internationally
recognized human rights, and the Federal police and
military forces are fully cooperating with the
investigations; and
(D) enforce the prohibition, in accordance with
Mexican and international law, on the use of testimony
obtained through torture or other ill-treatment.
(2) Report.--The report required in paragraph (1) shall
include a description of actions taken with respect to each
requirement.
(3) Spending plan.--Not <<NOTE: Deadline.>> later than 45
days after the date of enactment of this Act, the Secretary of
State shall submit to the Committees on Appropriations a
detailed spending plan,
[[Page 123 STAT. 887]]
developed after consulting with relevant Mexican Government
authorities, for funds made available for Mexico under this
section, with concrete goals, programs and activities to be
funded, and anticipated results.
(4) Analysis of alternatives.--Prior to the obligation of
funds for the procurement or lease of aircraft, the Director of
the Defense Security Cooperation Agency, in consultation with
the Secretary of State, shall submit to the Committees on
Appropriations an Analysis of Alternatives for the acquisition
of all aircraft for the Merida Initiative.
(f) Assistance for the Countries of Central America.--Of the funds
appropriated under the headings ``International Narcotics Control and
Law Enforcement'', ``Foreign Military Financing Program'', and
``Economic Support Fund'', $105,000,000 may be made available for
assistance for the countries of Central America only to combat drug
trafficking and related violence and organized crime, and for judicial
reform, institution building, anti-corruption, rule of law activities,
and maritime security, of which not less than $35,000,000 shall be made
available for judicial reform, institution building, anti-corruption,
and rule of law activities: Provided, That of the funds appropriated
under the heading ``Economic Support Fund'', $12,000,000 shall be made
available through the United States Agency for International Development
for an Economic and Social Development Fund for Central America:
Provided further, That none of the funds shall be made available for
budget support or as cash payments.
(1) Allocation of funds.--Fifteen <<NOTE: Reports.>>
percent of the funds made available by this Act for assistance
for the countries of Central America under the headings
``International Narcotics Control and Law Enforcement'' and
``Foreign Military Financing Program'' may not be obligated
until the Secretary of State reports in writing to the
Committees on Appropriations that the government of such country
is continuing to--
(A) support police complaints commissions with
authority and independence to receive complaints and
carry out effective investigations;
(B) implement reforms to improve the capacity and
ensure the independence of the judiciary; and
(C) investigate and prosecute members of the Federal
police and military forces who have been credibly
alleged to have committed violations of internationally
recognized human rights.
(2) Report.--The report required in paragraph (1) shall
include a description of actions taken with respect to each
requirement.
(3) Spending plan.--Not <<NOTE: Deadline.>> later than 45
days after the date of the enactment of this Act, the Secretary
of State shall submit to the Committees on Appropriations a
detailed spending plan for funds appropriated or otherwise made
available for the countries of Central America by this Act, with
concrete goals, actions to be taken, budget proposals, and
anticipated results.
(4) Definition.--For the purposes of this section, the term
``countries of Central America'' means Belize, Costa Rica, El
Salvador, Guatemala, Honduras, Nicaragua, and Panama.
(g) Aircraft Operations and Maintenance.--To the maximum extent
practicable, the costs of operations and maintenance,
[[Page 123 STAT. 888]]
including fuel, of aircraft funded by this Act should be borne by the
recipient country.
colombia
Sec. 7046. (a) Funding.--Of the funds appropriated in titles III and
IV of this Act, not more than $545,050,000 shall be available for
assistance for Colombia.
Funds appropriated by this Act and made available to the Department
of State for assistance to the Government of Colombia may be used to
support a unified campaign against narcotics trafficking and
organizations designated as Foreign Terrorist Organizations and
successor organizations, and to take actions to protect human health and
welfare in emergency circumstances, including undertaking rescue
operations: Provided, That assistance made available in prior Acts for
the Government of Colombia to protect the Cano-Limon pipeline may also
be used for purposes for which funds are made available under the
heading ``Andean Counterdrug Programs'': Provided further, That no
United States Armed Forces personnel or United States civilian
contractor employed by the United States will participate in any combat
operation in connection with assistance made available by this Act for
Colombia: Provided further, That rotary and fixed wing aircraft
supported with funds appropriated under the heading ``Andean Counterdrug
Programs'' for assistance for Colombia may be used for aerial or manual
drug eradication and interdiction including to transport personnel and
supplies and to provide security for such operations, and to provide
transport in support of alternative development programs and
investigations of cases under the jurisdiction of the Attorney General,
the Procuraduria General de la Nacion, and the Defensoria del
Pueblo: <<NOTE: President. Helicopters.>> Provided further, That the
President shall ensure that if any helicopter procured with funds in
this Act or prior Acts making appropriations for the Department of
State, foreign operations, and related programs, is used to aid or abet
the operations of any illegal self-defense group, paramilitary
organization, illegal security cooperative or successor organizations in
Colombia, such helicopter shall be immediately returned to the United
States.
Of the <<NOTE: Certification.>> funds available under the heading
``Andean Counterdrug Programs'' in this Act for the Colombian national
police for the procurement of chemicals for aerial coca and poppy
eradication programs, not more than 20 percent of such funds may be made
available for such eradication programs unless the Secretary of State
certifies to the Committees on Appropriations that: (1) the herbicide is
being used in accordance with EPA label requirements for comparable use
in the United States and with Colombian laws; and (2) the herbicide, in
the manner it is being used, does not pose unreasonable risks or adverse
effects to humans or the environment, including endemic
species: <<NOTE: Certification.>> Provided, That such funds may not be
made available unless the Secretary of State certifies to the Committees
on Appropriations that complaints of harm to health or licit crops
caused by such aerial eradication are thoroughly evaluated and fair
compensation is being paid in a timely manner for meritorious claims:
Provided further, That such funds may not be made available for such
purposes unless programs are being implemented by the United States
Agency for International Development, the Government of Colombia, or
other organizations, in consultation and coordination with local
communities, to provide
[[Page 123 STAT. 889]]
alternative sources of income in areas where security permits for small-
acreage growers and communities whose illicit crops are targeted for
aerial eradication: Provided further, That none of the funds
appropriated by this Act for assistance for Colombia shall be made
available for the cultivation or processing of African oil palm, if
doing so would contribute to significant loss of native species, disrupt
or contaminate natural water sources, reduce local food security, or
cause the forced displacement of local people: Provided further,
That <<NOTE: Certification.>> funds appropriated by this Act may be
used for aerial eradication in Colombia's national parks or reserves
only if the Secretary of State certifies to the Committees on
Appropriations on a case-by-case basis that there are no effective
alternatives and the eradication is conducted in accordance with
Colombian laws.
(b) Assistance for the Armed Forces.--
(1) Funding.--Funds appropriated by this Act that are
available for assistance for the Colombian Armed Forces, may be
made available as follows:
(A) Up to 70 percent of such funds may be obligated
prior to the certification and report by the Secretary
of State pursuant to subparagraph (B).
(B) Up <<NOTE: Certification. Reports.>> to 15
percent of such funds may be obligated only after the
Secretary of State consults with, and subsequently
certifies and submits a written report to, the
Committees on Appropriations that--
(i) The Government of Colombia is suspending,
and investigating and prosecuting in the civilian
justice system, those members of the Colombian
Armed Forces, of whatever rank, who have been
credibly alleged to have committed violations of
internationally recognized human rights, including
extra-judicial killings, or to have aided, abetted
or benefitted from paramilitary organizations or
successor armed groups, and the Colombian Armed
Forces are cooperating fully with civilian
prosecutors and judicial authorities in such
cases.
(ii) The Government of Colombia has taken all
necessary steps to sever links with paramilitary
organizations or successor armed groups.
(iii) The Government of Colombia is
dismantling paramilitary networks, including by
arresting and prosecuting under civilian criminal
law individuals who have provided financial,
planning, or logistical support, or have otherwise
aided, abetted or benefitted from paramilitary
organizations or successor armed groups, and by
returning land and other assets illegally acquired
by such organizations or their associates to their
rightful occupants or owners.
(iv) The Government of Colombia is respecting
the rights of Colombia's indigenous and Afro-
Colombian communities, and the Colombian Armed
Forces are implementing procedures to distinguish
between civilians, including displaced persons,
and combatants in their operations.
(2) The <<NOTE: Certification.>> balance of such funds may
be obligated after July 31, 2009, if, prior to such obligation,
the Secretary of State consults with, and submits a written
certification to, the
[[Page 123 STAT. 890]]
Committees on Appropriations that the Government of Colombia is
continuing to meet the requirements described in paragraph (1)
and is conducting vigorous operations to strengthen civilian
institutions and respect for internationally recognized human
rights in areas under the influence of paramilitary
organizations or successor armed groups and guerrilla
organizations.
(3) Certain funds exempted.--The requirement to withhold
funds from obligation shall not apply with respect to funds made
available under the heading ``Andean Counterdrug Programs'' in
this Act for continued support for the Critical Flight Safety
Program or for any alternative development programs in Colombia
administered by the Bureau of International Narcotics and Law
Enforcement Affairs of the Department of State.
(4) Report.--At the time the Secretary of State submits
certifications pursuant to paragraphs (1)(B) and (2) of this
subsection, the Secretary shall also submit to the Committees on
Appropriations a report that contains, with respect to each such
paragraph, a detailed description of the specific actions taken
by the Government and Armed Forces of Colombia which support
each requirement of the certification, and the cases or issues
brought to the attention of the Secretary, including through the
Department of State's annual Country Reports on Human Rights
Practices, for which the actions taken by the Colombian
Government or Armed Forces have been determined by the Secretary
of State to be inadequate.
(c) Consultative Process.--Not <<NOTE: Deadlines.>> later than 60
days after the date of enactment of this Act, and every 180 days
thereafter until September 30, 2009, the Secretary of State shall
consult with Colombian and internationally recognized human rights
organizations regarding progress in meeting the requirements contained
in subsection (b)(1).
(d) Assistance for Reintegration of Former Combatants.--
(1) Availability of funds.--Of the funds appropriated in
this Act under the heading ``Economic Support Fund'', up to
$16,769,000 may be made available in fiscal year 2009 for
assistance for the reintegration of former members of foreign
terrorist organizations (FTOs) or other illegal armed groups in
Colombia, if the Secretary of State consults with and makes a
certification described in paragraph (2) to the Committees on
Appropriations prior to the initial obligation of amounts for
such assistance for the fiscal year involved.
(2) Certification.--A certification described in this
subsection is a certification that--
(A) assistance for the fiscal year will be provided
only for individuals who have: (i) verifiably renounced
and terminated any affiliation or involvement with FTOs
or other illegal armed groups; (ii) are meeting all the
requirements of the Colombia demobilization program,
including having disclosed their involvement in past
crimes and their knowledge of the FTO's structure,
financing sources, illegal assets, and the location of
kidnapping victims and bodies of the disappeared; and
(iii) are not involved in criminal activity;
(B) the Government of Colombia is providing full
cooperation to the Government of the United States to
[[Page 123 STAT. 891]]
prosecute the extradited leaders and members of FTOs who
have been indicted in the United States for murder,
torture, kidnapping, narcotics trafficking, or other
violations of United States law;
(C) the Government of Colombia is not knowingly
taking any steps to legalize the titles of land or other
assets illegally obtained and held by FTOs, their
associates, or successors, has established effective
procedures to identify such land and other assets, and
is seizing and returning such land and other assets to
their rightful occupants or owners;
(D) the Government of Colombia is dismantling the
organizational structures of FTOs and successor armed
groups; and
(E) funds shall not be made available as cash
payments to individuals and are available only for
activities under the following categories: verification,
reintegration (including training and education),
vetting, recovery of assets for reparations for victims,
and investigations and prosecutions.
(e) Illegal Armed Groups.--
(1) Denial of visas.--Subject to paragraph (2), the
Secretary of State shall not issue a visa to any alien who the
Secretary determines, based on credible evidence--
(A) has willfully provided any support to or
benefitted from the Revolutionary Armed Forces of
Colombia (FARC), the National Liberation Army (ELN), the
United Self-Defense Forces of Colombia (AUC), or
successor armed groups, including taking actions or
failing to take actions which allow, facilitate, or
otherwise foster the activities of such groups; or
(B) has committed, ordered, incited, assisted, or
otherwise participated in the commission of a violation
of internationally recognized human rights, including
extra-judicial killings, in Colombia.
(2) Waiver.--Paragraph <<NOTE: Certification.>> (1) shall
not apply if the Secretary of State certifies to the Committees
on Appropriations, on a case-by-case basis, that the issuance of
a visa to the alien is necessary to support the peace process in
Colombia or for urgent humanitarian reasons.
(f) Definitions.--In this section:
(1) Aided or abetted.--The term ``aided or abetted'' means
to provide any support to paramilitary or successor armed
groups, including taking actions which allow, facilitate, or
otherwise foster the activities of such groups.
(2) Paramilitary groups.--The term ``paramilitary groups''
means illegal self-defense groups and illegal security
cooperatives, including those groups and cooperatives that have
formerly demobilized but continue illegal operations, as well as
parts thereof.
(3) Foreign terrorist organization.--The term ``foreign
terrorist organization'' means an organization designated as a
terrorist organization under section 219 of the Immigration and
Nationality Act.
[[Page 123 STAT. 892]]
community-based police assistance
Sec. 7047. (a) Authority.--Funds made available by titles III and IV
of this Act to carry out the provisions of chapter 1 of part I and
chapters 4 and 6 of part II of the Foreign Assistance Act of 1961, may
be used, notwithstanding section 660 of that Act, to enhance the
effectiveness and accountability of civilian police authority through
training and technical assistance in human rights, the rule of law,
anti-corruption, strategic planning, and through assistance to foster
civilian police roles that support democratic governance including
assistance for programs to prevent conflict, respond to disasters,
address gender-based violence, and foster improved police relations with
the communities they serve.
(b) Notification.--Assistance provided under subsection (a) shall be
subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
prohibition of payments to united nations members
Sec. 7048. None of the funds appropriated or made available pursuant
to titles III through VI of this Act for carrying out the Foreign
Assistance Act of 1961, may be used to pay in whole or in part any
assessments, arrearages, or dues of any member of the United Nations or,
from funds appropriated by this Act to carry out chapter 1 of part I of
the Foreign Assistance Act of 1961, the costs for participation of
another country's delegation at international conferences held under the
auspices of multilateral or international organizations.
war crimes tribunals drawdown
Sec. 7049. If the President determines that doing so will contribute
to a just resolution of charges regarding genocide or other violations
of international humanitarian law, the President may direct a drawdown
pursuant to section 552(c) of the Foreign Assistance Act of 1961 of up
to $30,000,000 of commodities and services for the United Nations War
Crimes Tribunal established with regard to the former Yugoslavia by the
United Nations Security Council or such other tribunals or commissions
as the Council may establish or authorize to deal with such violations,
without regard to the ceiling limitation contained in paragraph (2)
thereof: Provided, That the determination required under this section
shall be in lieu of any determinations otherwise required under section
552(c): <<NOTE: Notification.>> Provided further, That funds made
available for tribunals other than the International Criminal Tribunal
for the former Yugoslavia, the International Criminal Tribunal for
Rwanda, or the Special Court for Sierra Leone shall be made available
subject to the regular notification procedures of the Committees on
Appropriations.
peacekeeping missions
Sec. 7050. None of the funds made available under title I of this
Act may be used for any United Nations undertaking when it is made known
to the Federal official having authority to obligate or expend such
funds that: (1) the United Nations undertaking is a peacekeeping
mission; (2) such undertaking will involve United States Armed Forces
under the command or operational control of a foreign national; and (3)
the President's military advisors
[[Page 123 STAT. 893]]
have not submitted to the President a recommendation that such
involvement is in the national interests of the United States and the
President has not submitted to the Congress such a recommendation.
PEACEKEEPING ASSESSMENT
Sec. 7051. Section 404(b)(2)(B) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995, (22 U.S.C. 287e note) is
amended by deleting subsection (v) and inserting in lieu thereof:
``(v) For assessments made during each of the calendar years 2005,
2006, 2007, 2008, and 2009, 27.1 percent.''.
UNITED NATIONS HUMAN RIGHTS COUNCIL
Sec. 7052. (a) None of the funds appropriated by this Act may be
made available for a United States contribution to the United Nations
Human Rights Council.
(b) The prohibition under subsection (a) shall not apply if--
(1) the <<NOTE: Certification.>> Secretary of State
certifies to the Committees on Appropriations that the provision
of funds to support the United Nations Human Rights Council is
in the national interest of the United States; or
(2) the United States is a member of the Human Rights
Council.
Attendance at International Conferences
Sec. 7053. <<NOTE: Reports.>> None of the funds made available in
this Act may be used to send or otherwise pay for the attendance of more
than 50 employees of agencies or departments of the United States
Government who are stationed in the United States, at any single
international conference occurring outside the United States, unless the
Secretary of State reports to the Committees on Appropriations that such
attendance is in the national interest: <<NOTE: Definition.>> Provided,
That for purposes of this section the term ``international conference''
shall mean a conference attended by representatives of the United States
Government and of foreign governments, international organizations, or
nongovernmental organizations.
restrictions on united nations delegations
Sec. 7054. None of the funds made available under title I of this
Act may be used to pay expenses for any United States delegation to any
specialized agency, body, or commission of the United Nations if such
commission is chaired or presided over by a country, the government of
which the Secretary of State has determined, for purposes of section
6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App.
2405(j)(1)), supports international terrorism.
parking fines and real property taxes owed by foreign governments
Sec. 7055. <<NOTE: Certification.>> (a) Subject to subsection (c),
of the funds appropriated under titles III through VI by this Act that
are made available for assistance for a foreign country, an amount equal
to 110 percent of the total amount of the unpaid fully adjudicated
[[Page 123 STAT. 894]]
parking fines and penalties and unpaid property taxes owed by the
central government of such country shall be withheld from obligation for
assistance for the central government of such country until the
Secretary of State submits a certification to the Committees on
Appropriations stating that such parking fines and penalties and unpaid
property taxes are fully paid.
(b) Funds withheld from obligation pursuant to subsection (a) may be
made available for other programs or activities funded by this Act,
after consultation with and subject to the regular notification
procedures of the Committees on Appropriations, provided that no such
funds shall be made available for assistance for the central government
of a foreign country that has not paid the total amount of the fully
adjudicated parking fines and penalties and unpaid property taxes owed
by such country.
(c) Subsection (a) shall not include amounts that have been withheld
under any other provision of law.
(d)(1) The <<NOTE: Waiver authority. Time period.>> Secretary of
State may waive the requirements set forth in subsection (a) with
respect to parking fines and penalties no sooner than 60 days from the
date of enactment of this Act, or at any time with respect to a
particular country, if the Secretary determines that it is in the
national interests of the United States to do so.
(2) The Secretary of State may waive the requirements set forth in
subsection (a) with respect to the unpaid property taxes if the
Secretary of State determines that it is in the national interests of
the United States to do so.
(e) Not <<NOTE: Deadline. Reports.>> later than 6 months after the
initial exercise of the waiver authority in subsection (d), the
Secretary of State, after consultations with the City of New York, shall
submit a report to the Committees on Appropriations describing a
strategy, including a timetable and steps currently being taken, to
collect the parking fines and penalties and unpaid property taxes and
interest owed by nations receiving foreign assistance under this Act.
(f) In <<NOTE: Definitions.>> this section:
(1) The term ``fully adjudicated'' includes circumstances in
which the person to whom the vehicle is registered--
(A)(i) has not responded to the parking violation
summons; or
(ii) has not followed the appropriate adjudication
procedure to challenge the summons; and
(B) the period of time for payment of or challenge
to the summons has lapsed.
(2) The term ``parking fines and penalties'' means parking
fines and penalties--
(A) owed to--
(i) the District of Columbia; or
(ii) New York, New York; and
(B) incurred during the period April 1, 1997,
through September 30, 2008.
(3) The term ``unpaid property taxes'' means the amount of
unpaid taxes and interest determined to be owed by a foreign
country on real property in the District of Columbia or New
York, New York in a court order or judgment entered against such
country by a court of the United States or any State or
subdivision thereof.
[[Page 123 STAT. 895]]
landmines and cluster munitions
Sec. 7056. (a) Landmines.--Notwithstanding any other provision of
law, demining equipment available to the United States Agency for
International Development and the Department of State and used in
support of the clearance of landmines and unexploded ordnance for
humanitarian purposes may be disposed of on a grant basis in foreign
countries, subject to such terms and conditions as the President may
prescribe.
(b) Cluster Munitions.--No military assistance shall be furnished
for cluster munitions, no defense export license for cluster munitions
may be issued, and no cluster munitions or cluster munitions technology
shall be sold or transferred, unless--
(1) the submunitions of the cluster munitions have a 99
percent or higher functioning rate; and
(2) the agreement applicable to the assistance, transfer, or
sale of the cluster munitions or cluster munitions technology
specifies that the cluster munitions will only be used against
clearly defined military targets and will not be used where
civilians are known to be present.
millennium challenge corporation
Sec. 7057. <<NOTE: Deadline. Reports.>> (a) The Chief Executive
Officer of the Millennium Challenge Corporation shall, not later than 45
days after enactment of this Act, submit to the Committee on
Appropriations a report on the proposed uses, on a country-by-country
basis, of all funds appropriated under the heading ``Millennium
Challenge Corporation'' in this Act or prior Acts making appropriations
for the Department of State, foreign operations, and related programs
projected to be obligated and expended in fiscal year 2009 and
subsequent fiscal years.
(b) The report required in paragraph (a) shall be updated on a semi-
annual basis and shall include, at a minimum, a description of--
(1) compacts in development, including the status of
negotiations and the approximate range of value of the proposed
compact;
(2) compacts in implementation, including the projected
expenditure and disbursement of compact funds during fiscal year
2009 and subsequent fiscal years as determined by the country
compact;
(3) threshold country programs in development, including the
approximate range of value of the threshold country agreement;
(4) major programmatic changes to existing compacts funded
by this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related programs;
(5) threshold country programs in implementation; and
(6) use of administrative funds.
(c) The <<NOTE: Notification. Deadline.>> Chief Executive Officer
of the Millennium Challenge Corporation shall notify the Committees on
Appropriations not later than 15 days prior to signing any new country
compact or new threshold country program; terminating or suspending any
country compact or threshold country program; or commencing negotiations
for any new compact or threshold country program.
[[Page 123 STAT. 896]]
limitation on residence expenses
Sec. 7058. Of the funds appropriated or made available pursuant to
title II of this Act, not to exceed $100,500 shall be for official
residence expenses of the United States Agency for International
Development during the current fiscal year: Provided, That appropriate
steps shall be taken to assure that, to the maximum extent possible,
United States-owned foreign currencies are utilized in lieu of dollars.
united states agency for international development management
(including transfer of funds)
Sec. 7059. <<NOTE: 22 USC 3948 note.>> (a) Authority.--Up to
$81,000,000 of the funds made available in title III of this Act to
carry out the provisions of part I of the Foreign Assistance Act of
1961, including funds appropriated under the heading ``Assistance for
Europe, Eurasia and Central Asia'', may be used by the United States
Agency for International Development (USAID) to hire and employ
individuals in the United States and overseas on a limited appointment
basis pursuant to the authority of sections 308 and 309 of the Foreign
Service Act of 1980.
(b) Restrictions.--
(1) The number of individuals hired in any fiscal year
pursuant to the authority contained in subsection (a) may not
exceed 175.
(2) The <<NOTE: Expiration date.>> authority to hire
individuals contained in subsection (a) shall expire on
September 30, 2010.
(c) Conditions.--The authority of subsection (a) may only be used to
the extent that an equivalent number of positions that are filled by
personal services contractors or other non-direct hire employees of
USAID, who are compensated with funds appropriated to carry out part I
of the Foreign Assistance Act of 1961, including funds appropriated
under the heading ``Assistance for Europe, Eurasia and Central Asia'',
are eliminated.
(d) Priority Sectors.--In exercising the authority of this section,
primary emphasis shall be placed on enabling USAID to meet personnel
positions in technical skill areas currently encumbered by contractor or
other non-direct hire personnel.
(e) Consultations.--The USAID Administrator shall consult with the
Committees on Appropriations at least on a quarterly basis concerning
the implementation of this section.
(f) Program Account Charged.--The account charged for the cost of an
individual hired and employed under the authority of this section shall
be the account to which such individual's responsibilities primarily
relate. Funds made available to carry out this section may be
transferred to, and merged with, funds appropriated by this Act in title
II under the heading ``Operating Expenses''.
(g) Foreign Service Limited Extensions.--Individuals hired and
employed by USAID, with funds made available in this Act or prior Acts
making appropriations for the Department of State, foreign operations,
and related programs, pursuant to the authority of section 309 of the
Foreign Service Act of 1980, may be extended for a period of up to 4
years notwithstanding the limitation set forth in such section.
[[Page 123 STAT. 897]]
(h) Junior Officer Placement Authority.--Of the funds made available
in subsection (a), USAID may use, in addition to funds otherwise
available for such purposes, up to $15,000,000 to fund overseas support
costs of members of the Foreign Service with a Foreign Service rank of
four or below: Provided, That such authority is only used to reduce
USAID's reliance on overseas personal services contractors or other non-
direct hire employees compensated with funds appropriated to carry out
part I of the Foreign Assistance Act of 1961, including funds
appropriated under the heading ``Assistance for Europe, Eurasia and
Central Asia''.
(i) Disaster Surge Capacity.--Funds appropriated under title III of
this Act to carry out part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading ``Assistance for Europe,
Eurasia and Central Asia'', may be used, in addition to funds otherwise
available for such purposes, for the cost (including the support costs)
of individuals detailed to or employed by USAID whose primary
responsibility is to carry out programs in response to natural
disasters.
(j) Technical Advisors.--Up to $13,500,000 of the funds made
available by this Act in title III for assistance under the heading
``Global Health and Child Survival'', may be used to reimburse United
States Government agencies, agencies of State governments, institutions
of higher learning, and private and voluntary organizations for the full
cost of individuals (including for the personal services of such
individuals) detailed or assigned to, or contracted by, as the case may
be, USAID for the purpose of carrying out activities under that heading:
Provided, That up to $3,500,000 of the funds made available by this Act
for assistance under the heading ``Development Assistance'' may be used
to reimburse such agencies, institutions, and organizations for such
costs of such individuals carrying out other development assistance
activities.
(k) Personal Services Contractors.--Funds appropriated by this Act
to carry out chapter 1 of part I, chapter 4 of part II, and section 667
of the Foreign Assistance Act of 1961, and title II of the Agricultural
Trade Development and Assistance Act of 1954, may be used by USAID to
employ up to 25 personal services contractors in the United States,
notwithstanding any other provision of law, for the purpose of providing
direct, interim support for new or expanded overseas programs and
activities managed by the agency until permanent direct hire personnel
are hired and trained: <<NOTE: Assignment.>> Provided, That not more
than 10 of such contractors shall be assigned to any bureau or office:
Provided further, That such funds appropriated to carry out title II of
the Agricultural Trade Development and Assistance Act of 1954, may be
made available only for personal services contractors assigned to the
Office of Food for Peace.
(l) Recruitment Strategy.--Not <<NOTE: Deadline.>> later than
December 31, 2009, the USAID Administrator, after consulting with the
Secretaries of Defense, Treasury, Agriculture, Interior, Energy, and
Health and Human Services, the Director of the Centers for Disease
Control and Prevention, the Administrator of the Environmental
Protection Agency, and the heads of other relevant Federal departments
and agencies, shall submit to the Committees on Appropriations a
recruitment strategy for current and former employees from such
departments and agencies who possess skills and/or overseas experience
which would enhance USAID's capacity to carry out its
mission: <<NOTE: Notification.>> Provided, That funds made available
under the
[[Page 123 STAT. 898]]
heading ``Operating Expenses'' in title II of this Act may be made
available to implement the strategy described in the previous proviso,
subject to the regular notification procedures of the Committees on
Appropriations.
(m) Hiring Authority.--Notwithstanding section 307 of the Foreign
Service Act of 1980, the USAID Administrator may hire up to 30
individuals under the Development Leadership Initiative: Provided,
That <<NOTE: Expiration date.>> the authority contained in this
subsection shall expire on September 30, 2010.
global health activities
Sec. 7060. (a) Funds appropriated by titles III and IV of this Act
that are made available for bilateral assistance for child survival
activities or disease programs including activities relating to research
on, and the prevention, treatment and control of, HIV/AIDS may be made
available notwithstanding any other provision of law except for the
provisions under the heading ``Global Health and Child Survival'' and
the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended:
Provided, That of the funds appropriated under title III of this Act,
not less than $545,000,000 should be made available for family planning/
reproductive health.
(b) Notwithstanding <<NOTE: Reports.>> any other provision of this
Act, 10 percent of the funds that are appropriated by this Act for a
contribution to support the Global Fund to Fight AIDS, Tuberculosis and
Malaria (the ``Global Fund'') shall be withheld from obligation to the
Global Fund until the Secretary of State reports to the Committees on
Appropriations that the Global Fund--
(1) is releasing incremental disbursements only if grantees
demonstrate progress against clearly defined performance
indicators; and
(2) is implementing a reporting system that breaks down
grantee budget allocations by programmatic activity.
DEVELOPMENT GRANTS PROGRAM
Sec. 7061. Of the funds appropriated by this Act under the heading
``Development Assistance'', not less than $40,000,000 shall be made
available for the Development Grants Program established pursuant to
section 674 of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2008 (division J of Public Law 110-161):
Provided, That funds made available under this section are in addition
to other funds available for such purposes including funds designated by
this Act by section 7065.
women in development
Sec. 7062. (a) Programs funded under title III of this Act should
include, where appropriate, gender considerations in the planning,
assessment, implementation, monitoring and evaluation of such programs.
(b) Funds made available under title III of this Act should be made
available to support programs to enhance economic opportunities for poor
women in developing countries, including increasing the number and
capacity of women-owned enterprises, improving property rights for
women, increasing access to financial
[[Page 123 STAT. 899]]
services, and improving women's ability to participate in the global
economy.
gender-based violence
Sec. 7063. (a) Funds appropriated under the headings ``Development
Assistance'' and ``Economic Support Fund'' in this Act shall be made
available for programs to address sexual and gender-based violence.
(b) Programs and activities funded under titles III and IV of this
Act that provide training for foreign police, judicial, and military
officials shall address, where appropriate, gender-based violence.
education
Sec. 7064. (a) Basic Education.--
(1) Of the funds appropriated by title III of this Act and
by prior Acts for fiscal year 2009, not less than $700,000,000
should be made available for assistance for basic education, of
which not less than $400,000,000 shall be made available under
the heading ``Development Assistance''.
(2) There <<NOTE: Continuation. 22 USC 2651a note.>> shall
continue to be a Coordinator of United States government actions
to provide basic education assistance in developing countries as
established in section 664 of division J of Public Law 110-161.
(3) Funds <<NOTE: Strategic plan.>> appropriated for basic
education in this Act shall be made available for a pilot
program in three countries to develop and evaluate the
effectiveness and implementation of a 5-year basic education
strategic plan.
(b) Higher Education.--Of the funds appropriated by title III of
this Act and by prior Acts for fiscal year 2009, not less than
$133,000,000 shall be made available for assistance for higher
education.
reconciliation programs
Sec. 7065. Of the funds appropriated under the headings
``Development Assistance'' and ``Economic Support Fund'' in this Act,
$25,000,000 shall be made available for reconciliation programs which
bring together and facilitate interaction between individuals of
different ethnic, religious and political backgrounds from areas of
civil conflict and war, of which $9,000,000 shall be made available for
such programs in the Middle East: <<NOTE: Consultation.>> Provided,
That the Administrator of the United States Agency for International
Development shall consult with the Committees on Appropriations, prior
to the initial obligation of funds, on the most effective uses of such
funds.
comprehensive expenditures report
Sec. 7066. Not later than 180 days after the date of enactment of
this Act, the Secretary of State shall submit a report to the Committees
on Appropriations detailing the total amount of United States Government
expenditures in fiscal years 2007 and 2008, by Federal agency, for
assistance programs and activities in each foreign country, identifying
the line item as presented in the President's Budget Appendix and the
purpose for which the funds were
[[Page 123 STAT. 900]]
provided: Provided, That if required, information may be submitted in
classified form.
requests for documents
Sec. 7067. None of the funds appropriated or made available pursuant
to titles III through VI of this Act shall be available to a
nongovernmental organization, including any contractor, which fails to
provide upon timely request any document, file, or record necessary to
the auditing requirements of the United States Agency for International
Development.
senior policy operating group
Sec. 7068. (a) The Senior Policy Operating Group on Trafficking in
Persons, established under section 105(f) of the Victims of Trafficking
and Violence Protection Act of 2000 (22 U.S.C. 7103(f)) to coordinate
agency activities regarding policies (including grants and grant
policies) involving the international trafficking in persons, shall
coordinate all such policies related to the activities of traffickers
and victims of severe forms of trafficking.
(b) None of the funds provided under title I of this or any other
Act making appropriations for the Department of State, foreign
operations, and related programs shall be expended to perform functions
that duplicate coordinating responsibilities of the Operating Group.
(c) The Operating Group shall continue to report only to the
authorities that appointed them pursuant to section 105(f).
prohibition on use of torture
Sec. 7069. None of the funds made available in this Act shall be
used in any way whatsoever to support or justify the use of torture,
cruel or inhumane treatment by any official or contract employee of the
United States Government.
africa
Sec. 7070. (a) Expanded International Military Education and
Training.--
(1) Funds appropriated under the heading ``International
Military Education and Training'' in this Act that are made
available for assistance for Angola, Cameroon, Central African
Republic, Chad, Cote D'Ivoire, and Guinea may be made available
only for expanded international military education and training.
(2) None of the funds appropriated under the heading
``International Military Education and Training'' in this Act
may be made available for assistance for Equatorial Guinea.
(b)(1) Sudan Limitation on Assistance.--Subject to subsection (2):
(A) Notwithstanding any other provision of law, none of the
funds appropriated by this Act may be made available for
assistance for the Government of Sudan.
(B) None of the funds appropriated by this Act may be made
available for the cost, as defined in section 502, of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees held by the Government of Sudan, including the
[[Page 123 STAT. 901]]
cost of selling, reducing, or canceling amounts owed to the
United States, and modifying concessional loans, guarantees, and
credit agreements.
(2) Subsection <<NOTE: Determination. Certification.>> (b)(1) shall
not apply if the Secretary of State determines and certifies to the
Committees on Appropriations that:
(A) The Government of Sudan honors its pledges to cease
attacks upon civilians and disarms and demobilizes the Janjaweed
and other government-supported militias.
(B) The Government of Sudan and all government-supported
militia groups are honoring their commitments made in all
previous cease-fire agreements.
(C) The Government of Sudan is allowing unimpeded access to
Darfur to humanitarian aid organizations, the human rights
investigation and humanitarian teams of the United Nations,
including protection officers, and an international monitoring
team that is based in Darfur and has the support of the United
States.
(3) Exceptions.--The provisions of subsection (b)(1) shall not apply
to--
(A) humanitarian assistance;
(B) assistance for the Darfur region, Southern Sudan,
Southern Kordofan/Nuba Mountains State, Blue Nile State, and
Abyei; and
(C) assistance to support implementation of the
Comprehensive Peace Agreement and the Darfur Peace Agreement or
any other internationally-recognized viable peace agreement in
Sudan.
(4) Definitions.--For the purposes of this Act, the term
``Government of Sudan'' shall not include the Government of Southern
Sudan.
(5) Notwithstanding any other law, assistance in this Act may be
made available to the Government of Southern Sudan to provide non-lethal
military assistance, military education and training, and defense
services controlled under the International Traffic in Arms Regulations
(22 CRF 120.1 et seq.) if the Secretary of State--
(A) determines <<NOTE: Determination.>> that the provision
of such items is in the national interest of the United States;
and
(B) not <<NOTE: Deadline. Notification.>> later than 15
days before the provision of any such assistance, notifies the
Committees on Appropriations of such determination.
(c) Horn of Africa and Pan Sahel Program.--Funds appropriated under
the heading ``Economic Support Fund'' in this Act that are made
available for programs and activities to counter extremism in the Horn
of Africa and the Pan Sahel region of Africa, shall be administered by
the United States Agency for International Development, and are in
addition to funds otherwise made available for such purposes.
(d) War Crimes in Africa.--
(1) The Congress reaffirms its support for the efforts of
the International Criminal Tribunal for Rwanda (ICTR) and the
Special Court for Sierra Leone (SCSL) to bring to justice
individuals responsible for war crimes and crimes against
humanity in a timely manner.
(2) Funds <<NOTE: Determination. Reports.>> appropriated by
this Act, including funds for debt restructuring, may be made
available for assistance for the central government of a country
in which individuals indicted by ICTR and SCSL are credibly
alleged to be living,
[[Page 123 STAT. 902]]
if the Secretary of State determines and reports to the
Committees on Appropriations that such government is cooperating
with ICTR and SCSL, including the surrender and transfer of
indictees in a timely manner: Provided, That this subsection
shall not apply to assistance provided under section 551 of the
Foreign Assistance Act of 1961 or to project assistance under
title VI of this Act: Provided further, That the United States
shall use its voice and vote in the United Nations Security
Council to fully support efforts by ICTR and SCSL to bring to
justice individuals indicted by such tribunals in a timely
manner.
(3) The <<NOTE: Waiver authority. President.>> prohibition
in subsection (2) may be waived on a country-by-country basis if
the President determines that doing so is in the national
security interest of the United States: <<NOTE: Reports.>>
Provided, That prior to exercising such waiver authority, the
President shall submit a report to the Committees on
Appropriations, in classified form if necessary, on--
(A) the steps being taken to obtain the cooperation
of the government in surrendering the indictee in
question to the court of jurisdiction;
(B) a strategy, including a timeline, for bringing
the indictee before such court; and
(C) the justification for exercising the waiver
authority.
(e) Zimbabwe.--
(1) The <<NOTE: Loans. Determination. Reports. 22 USC 2151
note.>> Secretary of the Treasury shall instruct the United
States executive director to each international financial
institution to vote against any extension by the respective
institution of any loans to the Government of Zimbabwe, except
to meet basic human needs or to promote democracy, unless the
Secretary of State determines and reports in writing to the
Committees on Appropriations that the rule of law has been
restored in Zimbabwe, including respect for ownership and title
to property, freedom of speech and association, and a transition
government has been established that reflects the will of the
people as they voted in the March 2008 elections.
(2) None <<NOTE: Determination.>> of the funds appropriated
by this Act shall be made available for assistance for the
central government of Zimbabwe unless the Secretary of State
makes the determination pursuant to subsection (e)(1).
asia
Sec. 7071. (a) Tibet.--
(1) The Secretary of the Treasury should instruct the United
States executive director to each international financial
institution to use the voice and vote of the United States to
support projects in Tibet if such projects do not provide
incentives for the migration and settlement of non-Tibetans into
Tibet or facilitate the transfer of ownership of Tibetan land
and natural resources to non-Tibetans; are based on a thorough
needs-assessment; foster self-sufficiency of the Tibetan people
and respect Tibetan culture and traditions; and are subject to
effective monitoring.
(2) Notwithstanding any other provision of law, not less
than $7,300,000 of the funds appropriated by this Act under the
heading ``Economic Support Fund'' should be made available to
nongovernmental organizations to support activities which
[[Page 123 STAT. 903]]
preserve cultural traditions and promote sustainable development
and environmental conservation in Tibetan communities in the
Tibetan Autonomous Region and in other Tibetan communities in
China.
(b) Burma.--
(1) The <<NOTE: Loans. 50 USC 1701 note.>> Secretary of the
Treasury shall instruct the United States executive director to
each appropriate international financial institution in which
the United States participates, to oppose and vote against the
extension by such institution any loan or financial or technical
assistance or any other utilization of funds of the respective
bank to and for Burma.
(2) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $15,000,000 shall be
made available to support democracy activities in Burma, along
the Burma-Thailand border, for activities of Burmese student
groups and other organizations located outside Burma, and for
the purpose of supporting the provision of humanitarian
assistance to displaced Burmese along Burma's borders: Provided,
That such funds may be made available notwithstanding any other
provision of law: <<NOTE: Thailand.>> Provided further, That in
addition to assistance for Burmese refugees provided under the
heading ``Migration and Refugee Assistance'' in this Act, not
less than $4,000,000 shall be made available for community-based
organizations operating in Thailand to provide food, medical and
other humanitarian assistance to internally displaced persons in
eastern Burma: <<NOTE: Notification.>> Provided further, That
funds made available under this paragraph shall be subject to
the regular notification procedures of the Committees on
Appropriations.
(c) Indonesia.--
(1) Of <<NOTE: Reports.>> the funds appropriated by this
Act under the heading ``Foreign Military Financing Program'',
not to exceed $15,700,000 shall be made available for assistance
for Indonesia, of which $2,000,000 shall be made available only
after the Secretary of State submits to the Committees on
Appropriations the report on Indonesia detailed in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act) under such
heading.
(2) Of the funds appropriated by this Act under the heading
``Economic Support Fund'' that are available for assistance for
Indonesia, not less than $300,000 should be made available for
grants for capacity building of Indonesian human rights
organizations, including in Papua.
(d) Cambodia.--Funds <<NOTE: Human trafficking.>> appropriated
under the heading ``Economic Support Fund'' in this Act for assistance
for Cambodia may be used for an endowment, and shall be made available
to strengthen the capacity of the Government of Cambodia to combat human
trafficking, notwithstanding any other provision of law.
(e) North Korea.--
(1) Funds <<NOTE: Refugees.>> made available under the
heading ``Migration and Refugee Assistance'' in this Act shall
be made available for assistance for refugees from North Korea.
(2) Of the funds made available under the heading
``International Broadcasting Operations'' in title I of this
Act, not less than $8,000,000 shall be made available for
broadcasts into North Korea.
(3) None <<NOTE: Energy. Determination. Reports.>> of the
funds made available under the heading ``Economic Support Fund''
in fiscal year 2009 may be made
[[Page 123 STAT. 904]]
available for obligation for energy-related assistance for North
Korea unless the Secretary of State determines and reports to
the Committees on Appropriations that North Korea is continuing
to fulfill its commitments under the Six Party Talks agreements.
(f) People's Republic of China.--
(1) Notwithstanding <<NOTE: Notification.>> any other
provision of law and subject to the regular notification
procedures of the Committees on Appropriations, of the funds
appropriated under the heading ``Development Assistance'' in
this Act, not less than $11,000,000 shall be made available to
United States educational institutions and nongovernmental
organizations for programs and activities in the People's
Republic of China relating to the environment, governance and
the rule of law.
(2) None <<NOTE: Exports and
imports. Deadline. Notification.>> of the funds appropriated
under the heading ``Diplomatic and Consular Programs'' in this
Act may be obligated or expended for processing licenses for the
export of satellites of United States origin (including
commercial satellites and satellite components) to the People's
Republic of China unless, at least 15 days in advance, the
Committees on Appropriations are notified of such proposed
action.
(3) Not <<NOTE: Deadline. Reports. Web posting. Mandarin.>>
later than 180 days after enactment of this Act, the Secretary
of State shall submit a report to the Committees on
Appropriations detailing, to the extent practicable, the amount
of assistance provided by the People's Republic of China to
governments and entities in Latin America and Africa during the
previous calendar year, and shall make such report publicly
available in a timely manner on the website of the Department of
State and the United States Agency for International Development
in English and Mandarin.
(4) Of <<NOTE: Mandarin.>> the funds appropriated under the
heading ``Diplomatic and Consular Programs'' in this Act,
$1,000,000 shall be made available to the Bureau of
International Information Programs to disseminate information,
in Mandarin, in the People's Republic of China: <<NOTE: Web
posting. Text messaging.>> Provided, That such information
shall include issues of governance, transparency, corruption,
rule of law, and the environment, and the findings of the report
required by paragraph (3) of this subsection, and shall be
disseminated through the Internet, text messaging or other
means, and directed to economically depressed areas of the
People's Republic of China: Provided further, That such funds
are in addition to funds otherwise made available for such
purposes: <<NOTE: Consultation.>> Provided further, That the
Department of State shall consult with the Committees on
Appropriations prior to the initial obligation of funds made
available by this subsection.
(5) The <<NOTE: Applicability. People's Liberation Army.>>
terms and requirements of section 620(h) of the Foreign
Assistance Act of 1961 shall apply to foreign assistance
projects or activities of the People's Liberation Army (PLA) of
the People's Republic of China, to include such projects or
activities by any entity that is owned or controlled by, or an
affiliate of, the PLA: Provided, That none of the funds
appropriated or otherwise made available pursuant to this Act
may be used to finance any grant, contract, or cooperative
agreement with the PLA, or any entity that the Secretary of
State has reason to believe is owned or controlled by, or an
affiliate of, the PLA.
[[Page 123 STAT. 905]]
(g) Philippines.--Of <<NOTE: Reports.>> the funds appropriated by
this Act under the heading ``Foreign Military Financing Program'', not
to exceed $30,000,000 may be made available for assistance for the
Philippines, of which $2,000,000 may not be obligated until the
Secretary of State reports in writing to the Committees on
Appropriations that--
(1) the Government of the Philippines is taking effective
steps to implement the recommendations of the United Nations
Special Rapporteur on Extra-judicial, Summary or Arbitrary
Executions, to include prosecutions and convictions for
extrajudicial executions; sustaining the decline in the number
of extra-judicial executions; addressing allegations of a death
squad in Davao City; and strengthening government institutions
working to eliminate extra-judicial executions;
(2) the Government of the Philippines is implementing a
policy of promoting military personnel who demonstrate
professionalism and respect for internationally recognized human
rights, and is investigating and prosecuting military personnel
and others who have been credibly alleged to have violated such
rights; and
(3) the Philippine Armed Forces do not have a policy of, and
are not engaging in, acts of intimidation or violence against
members of legal organizations who advocate for human rights.
(h) Vietnam.--Notwithstanding any other provision of law, funds
appropriated under the heading ``Development Assistance'' in this Act
may be made available for programs and activities in the central
highlands of Vietnam, and shall be made available for environmental
remediation and related health activities in Vietnam.
serbia
Sec. 7072. (a) Funds appropriated by this Act may be made available
for assistance for the central Government of Serbia after May 31, 2009,
if the President has made the determination and certification contained
in subsection (c).
(b) After May 31, 2009, the Secretary of the Treasury should
instruct the United States executive directors to the international
financial institutions to support loans and assistance to the Government
of Serbia subject to the conditions in subsection (c).
(c) The <<NOTE: Determination. Certification. Ratko Mladic.>>
determination and certification referred to in subsection (a) is a
determination and a certification by the President to the Committees on
Appropriations that the Government of Serbia is--
(1) cooperating with the International Criminal Tribunal for
the former Yugoslavia including access for investigators, the
provision of documents, timely information on the location,
movement, and sources of financial support of indictees, and the
surrender and transfer of indictees or assistance in their
apprehension, including Ratko Mladic;
(2) taking steps that are consistent with the Dayton Accords
to end Serbian financial, political, security and other support
which has served to maintain separate Republika Srpska
institutions; and
(3) taking steps to implement policies which reflect a
respect for minority rights and the rule of law.
(d) This section shall not apply humanitarian assistance or
assistance to promote democracy.
[[Page 123 STAT. 906]]
independent states of the former soviet union
Sec. 7073. (a) None of the funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'' shall be made
available for assistance for a government of an Independent State of the
former Soviet Union if that government directs any action in violation
of the territorial integrity or national sovereignty of any other
Independent State of the former Soviet Union, such as those violations
included in the Helsinki Final Act: <<NOTE: President. Determination.>>
Provided, That such funds may be made available without regard to the
restriction in this subsection if the President determines that to do so
is in the national security interest of the United States.
(b) Funds <<NOTE: Notification.>> appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'' for the Russian
Federation, Armenia, Kazakhstan, and Uzbekistan shall be subject to the
regular notification procedures of the Committees on Appropriations.
(c)(1) Of <<NOTE: President. Determination. Certification.>> the
funds appropriated under the heading ``Assistance for Europe, Eurasia
and Central Asia'' that are allocated for assistance for the Government
of the Russian Federation, 60 percent shall be withheld from obligation
until the President determines and certifies in writing to the
Committees on Appropriations that the Government of the Russian
Federation--
(A) has terminated implementation of arrangements to provide
Iran with technical expertise, training, technology, or
equipment necessary to develop a nuclear reactor, related
nuclear research facilities or programs, or ballistic missile
capability; and
(B) is providing full access to international non-government
organizations providing humanitarian relief to refugees and
internally displaced persons in Chechnya.
(2) Paragraph (1) shall not apply to--
(A) assistance to combat infectious diseases, child survival
activities, or assistance for victims of trafficking in persons;
and
(B) activities authorized under title V (Nonproliferation
and Disarmament Programs and Activities) of the FREEDOM Support
Act.
(d) Section 907 of the FREEDOM Support Act shall not apply to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act and section 1424 of Public
Law 104-201 or non-proliferation assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of 1961
(22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his or
her official capacity;
(4) any insurance, reinsurance, guarantee or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank Act
of 1945; or
(6) humanitarian assistance.
[[Page 123 STAT. 907]]
repression in the russian federation
Sec. 7074. (a) <<NOTE: Time
period. President. Determination. Certification.>> None of the funds
appropriated under the heading ``Assistance for Europe, Eurasia and
Central Asia'' in this Act may be made available for the Government of
the Russian Federation, after 180 days from the date of the enactment of
this Act, unless the President determines and certifies in writing to
the Committees on Appropriations that the Government of the Russian
Federation: (1) has implemented no statute, Executive order, regulation
or similar government action that would discriminate, or which has as
its principal effect discrimination, against religious groups or
religious communities in the Russian Federation in violation of accepted
international agreements on human rights and religious freedoms to which
the Russian Federation is a party; and (2) is (A) honoring its
international obligations regarding freedom of expression, assembly, and
press, as well as due process; (B) investigating and prosecuting law
enforcement personnel credibly alleged to have committed human rights
abuses against political leaders, activists and journalists; and (C)
immediately releasing political leaders, activists and journalists who
remain in detention.
(b) The <<NOTE: Waiver authority. Determination.>> Secretary of
State may waive the requirements of subsection (a) if the Secretary
determines that to do so is important to the national interests of the
United States.
central asia
Sec. 7075. (a) <<NOTE: Kazakhstan. Determinations. Reports.>> Funds
appropriated by this Act may be made available for assistance for the
Government of Kazakhstan only if the Secretary of State determines and
reports to the Committees on Appropriations that the Government of
Kazakhstan has made significant improvements in the protection of human
rights and civil liberties during the preceding 6 month period,
including by fulfilling obligations recommended by the Organization for
Security and Cooperation in Europe (OSCE) in the areas of election
procedures, media freedom, freedom of religion, free assembly and
minority rights, and by meeting the commitments it made in connection
with its assumption of the Chairmanship of the OSCE in 2010.
(b) The <<NOTE: Waiver authority.>> Secretary of State may waive
subsection (a) if the Secretary determines and reports to the Committees
on Appropriations that such a waiver is important to the national
security of the United States.
(c) Not <<NOTE: Deadline.>> later than October 1, 2009, the
Secretary of State shall submit a report to the Committees on
Appropriations describing the following:
(1) The defense articles, defense services, and financial
assistance provided by the United States to the countries of
Central Asia during the 12-month period ending 30 days prior to
submission of such report.
(2) The use during such period of defense articles, defense
services, and financial assistance provided by the United States
by units of the armed forces, border guards, or other security
forces of such countries.
(d) For <<NOTE: Definition.>> purposes of this section, the term
``countries of Central Asia'' means Uzbekistan, Kazakhstan, Kyrgyz
Republic, Tajikistan, and Turkmenistan.
[[Page 123 STAT. 908]]
uzbekistan
Sec. 7076. (a) <<NOTE: Human rights. Determinations. Reports.>>
Funds appropriated by this Act may be made available for assistance for
the central Government of Uzbekistan only if the Secretary of State
determines and reports to the Committees on Appropriations that the
Government of Uzbekistan is making substantial and continuing progress--
(1) in meeting its commitments under the ``Declaration on
the Strategic Partnership and Cooperation Framework Between the
Republic of Uzbekistan and the United States of America'',
including respect for internationally recognized human rights,
establishing a genuine multi-party system, and ensuring free and
fair elections, freedom of expression, and the independence of
the media; and
(2) in investigating and prosecuting the individuals
responsible for the deliberate killings of civilians in Andijan
in May 2005.
(b) If <<NOTE: Deadline.>> the Secretary of State has credible
evidence that any current or former official of the Government of
Uzbekistan was responsible for the deliberate killings of civilians in
Andijan in May 2005, or for other violations of internationally
recognized human rights in Uzbekistan, not later than 6 months after
enactment of this Act any person identified by the Secretary pursuant to
this subsection shall be ineligible for admission to the United States.
(c) The restriction in subsection (b) shall cease to apply if the
Secretary determines and reports to the Committees on Appropriations
that the Government of Uzbekistan has taken concrete and measurable
steps to improve respect for internationally recognized human rights,
including allowing peaceful political and religious expression,
releasing imprisoned human rights defenders, and implementing
recommendations made by the United Nations on torture.
(d) The <<NOTE: Waiver authority.>> Secretary may waive the
application of subsection (b) if the Secretary determines that admission
to the United States is necessary to attend the United Nations or to
further United States law enforcement objectives.
(e) For <<NOTE: Definition.>> the purpose of this section
``assistance'' shall include excess defense articles.
afghanistan
Sec. 7077. Of the funds appropriated under titles III and IV of this
Act, not less than $1,041,950,000 should be made available for
assistance for Afghanistan, of which not less than $100,000,000 shall be
made available to support programs that directly address the needs of
Afghan women and girls, including for the Afghan Independent Human
Rights Commission, the Afghan Ministry of Women's Affairs, and for
women-led nonprofit organizations in Afghanistan.
enterprise funds
Sec. 7078. (a) <<NOTE: President. Notification. Distribution
plan.>> Prior to the distribution of any assets resulting from any
liquidation, dissolution, or winding up of an Enterprise Fund, in whole
or in part, the President shall submit to the Committees on
Appropriations, in accordance with the regular notification
[[Page 123 STAT. 909]]
procedures of the Committees on Appropriations, a plan for the
distribution of the assets of the Enterprise Fund.
(b) Funds made available under titles III through VI of this Act for
Enterprise Funds shall be expended at the minimum rate necessary to make
timely payment for projects and activities and shall be subject to the
regular notification procedures of the Committees on Appropriations.
united nations population fund
Sec. 7079. (a) Contribution.--Of the funds made available under the
headings ``International Organizations and Programs'' and ``Global
Health and Child Survival'' in this Act for fiscal year 2009,
$50,000,000 shall be made available for the United Nations Population
Fund (UNFPA), of which not more than $30,000,000 shall be derived from
funds appropriated under the heading ``International Organizations and
Programs''.
(b) Availability of Funds.--Funds <<NOTE: Notification.>>
appropriated by this Act for UNFPA, that are not made available because
of the operation of any provision of law, shall be made available to
UNFPA notwithstanding any such provision of law, subject to the regular
notification procedures of the Committees on Appropriations, only for
the following purposes and subject to the provisions of this section--
(1) provide and distribute equipment, medicine, and
supplies, including safe delivery kits and hygiene kits, to
ensure safe childbirth and emergency obstetric care;
(2) make available supplies of contraceptives for the
prevention of unintended pregnancies and the spread of sexually
transmitted infections, including HIV/AIDS;
(3) prevent and treat cases of obstetric fistula;
(4) reestablish maternal health services in areas where
medical infrastructure and such services have been destroyed or
limited by natural disasters, armed conflict, or other factors;
(5) promote abandonment of female genital mutilation and
cutting and child marriage; and
(6) promote access to basic services, including clean water,
sanitation facilities, food, and health care, for poor women and
girls.
(c) Prohibition on Use of Funds in China.--None of the funds made
available by this Act may be used by UNFPA for a country program in the
People's Republic of China.
(d) Conditions on Availability of Funds.--Funds made available by
this Act for UNFPA may be made available if--
(1) UNFPA maintains funds made available by this Act in an
account separate from other accounts of UNFPA and does not
commingle such funds with other sums; and
(2) UNFPA <<NOTE: Abortion.>> does not fund abortions.
(e) Report to Congress and Witholding of Funds.--
(1) Not later than 60 days after the date of enactment of
this Act, the Secretary of State shall submit a report to the
Committees on Appropriations indicating the amount of funds that
the UNFPA is budgeting for the year in which the report is
submitted for a country program in the People's Republic of
China.
(2) If the report under this subparagraph indicates that the
UNFPA plans to spend funds for a country program in the People's
Republic of China in the year covered by the
[[Page 123 STAT. 910]]
report, then the amount of such funds the UNFPA plans to spend
in the People's Republic of China shall be deducted from the
funds made available to the UNFPA after March 1 for obligation
for the remainder of the fiscal year in which the report is
submitted.
prohibition on publicity or propaganda
Sec. 7080. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes within the United States
not authorized before the date of the enactment of this Act by the
Congress: Provided, That not to exceed $25,000 may be made available to
carry out the provisions of section 316 of Public Law 96-533.
opic
(including transfer of funds)
Sec. 7081. <<NOTE: Termination date. 22 USC 2194 note.>> (a)
Authority.--Notwithstanding section 235(a)(2) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2195(a)(2)), the authority of subsections (a)
through (c) of section 234 of such Act shall remain in effect through
September 30, 2009.
(b) Funding.--Whenever <<NOTE: President. Determination.>> the
President determines that it is in furtherance of the purposes of the
Foreign Assistance Act of 1961, up to a total of $20,000,000 of the
funds appropriated under title III of this Act may be transferred to,
and merged with, funds appropriated by this Act for the Overseas Private
Investment Corporation Program Account, to be subject to the terms and
conditions of that account: Provided, That such funds shall not be
available for administrative expenses of the Overseas Private Investment
Corporation: Provided further, That designated funding levels in this
Act shall not be transferred pursuant to this
section: <<NOTE: Notification.>> Provided further, That the exercise of
such authority shall be subject to the regular notification procedures
of the Committees on Appropriations.
extradition
Sec. 7082. (a) None of the funds appropriated in this Act may be
used to provide assistance (other than funds provided under the headings
``International Narcotics Control and Law Enforcement'', ``Migration and
Refugee Assistance'', ``Emergency Migration and Refugee Assistance'',
and ``Nonproliferation, Anti-terrorism, Demining and Related
Assistance'') for the central government of a country which has notified
the Department of State of its refusal to extradite to the United States
any individual indicted for a criminal offense for which the maximum
penalty is life imprisonment without the possibility of parole or for
killing a law enforcement officer, as specified in a United States
extradition request.
(b) Subsection <<NOTE: Applicability.>> (a) shall only apply to the
central government of a country with which the United States maintains
diplomatic relations and with which the United States has an extradition
treaty and the government of that country is in violation of the terms
and conditions of the treaty.
(c) The <<NOTE: Waiver authority. Certification.>> Secretary of
State may waive the restriction in subsection (a) on a case-by-case
basis if the Secretary certifies to
[[Page 123 STAT. 911]]
the Committees on Appropriations that such waiver is important to the
national interests of the United States.
ENERGY AND ENVIRONMENT
Sec. 7083. (a) Clean Energy.--Of the funds appropriated by title III
of this Act, not less than $100,000,000 shall be made available to the
United States Agency for International Development (USAID), in addition
to funds otherwise made available for such purposes, for programs and
activities that reduce global warming by promoting the sustainable use
of renewable energy technologies and energy efficient end-use
technologies, carbon sequestration, and carbon accounting.
(b) Climate Change Adaptation.--Of <<NOTE: Web
posting. Deadline. Reports.>> the funds appropriated by this Act, up to
$10,000,000 shall be made available for a United States contribution to
the Least Developed Countries Fund to support grants for climate change
adaptation programs and activities, if the Global Environment Facility
makes publicly available on its website an annual report detailing the
criteria used to determine which programs and activities receive funds,
the manner in which such programs and activities meet such criteria, the
extent of local involvement in such programs and activities, the amount
of funds provided, and the results achieved.
(c) Biodiversity.--Of the funds appropriated by title III of this
Act and by prior Acts for fiscal year 2009, not less than $195,000,000
shall be made available for programs and activities which directly
protect biodiversity, including tropical forests and wildlife, in
developing countries, of which not less than $25,000,000 shall be made
available for USAID's conservation programs in the Amazon Basin:
Provided, That of the funds made available under this paragraph, not
less than $17,500,000 shall be made available for the Congo Basin Forest
Partnership of which not less than $2,500,000 shall be made available to
the United States Fish and Wildlife Service for conservation programs in
Africa: Provided further, That funds appropriated by this Act to carry
out the provisions of sections 103 through 106, and chapter 4 of part
II, of the Foreign Assistance Act of 1961 may be used, notwithstanding
any other provision of law, for the purpose of supporting tropical
forestry and biodiversity conservation activities and energy programs
aimed at reducing greenhouse gas emissions: Provided further, That funds
appropriated under the heading ``Development Assistance'' may be made
available as a contribution to the Galapagos Invasive Species Fund.
(d)(1) Extraction of Natural Resources.--The Secretary of the
Treasury shall inform the managements of the international financial
institutions and the public that it is the policy of the United States
to oppose any assistance by such institutions (including but not limited
to any loan, credit, grant, or guarantee) for the extraction and export
of oil, gas, coal, timber, or other natural resource unless the
government of the country has in place functioning systems for: (i)
accurately accounting for payments for companies involved in the
extraction and export of natural resources; (ii) the independent
auditing of accounts receiving such payments and the widespread public
dissemination of the findings of such audits; and (iii) verifying
government receipts against company payments including widespread
dissemination of such payment information, and disclosing such documents
as Host Government Agreements, Concession Agreements, and bidding
documents,
[[Page 123 STAT. 912]]
allowing in any such dissemination or disclosure for the redaction of,
or exceptions for, information that is commercially proprietary or that
would create competitive disadvantage.
(2) Not <<NOTE: Deadline. Reports.>> later than 180 days after the
enactment of this Act, the Secretary of the Treasury shall submit a
report to the Committees on Appropriations describing, for each
international financial institution, the amount and type of assistance
provided, by country, for the extraction and export of oil, gas, coal,
timber, or other natural resources in the preceeding 12 months, and
whether each institution considered, in its proposal for such
assistance, the extent to which the country has functioning systems
described in paragraph (1).
prohibition on promotion of tobacco
Sec. 7084. None of the funds provided by this Act shall be available
to promote the sale or export of tobacco or tobacco products, or to seek
the reduction or removal by any foreign country of restrictions on the
marketing of tobacco or tobacco products, except for restrictions which
are not applied equally to all tobacco or tobacco products of the same
type.
commercial leasing of defense articles
Sec. 7085. <<NOTE: Notification. President. Determination.>>
Notwithstanding any other provision of law, and subject to the regular
notification procedures of the Committees on Appropriations, the
authority of section 23(a) of the Arms Export Control Act may be used to
provide financing to Israel, Egypt and NATO and major non-NATO allies
for the procurement by leasing (including leasing with an option to
purchase) of defense articles from United States commercial suppliers,
not including Major Defense Equipment (other than helicopters and other
types of aircraft having possible civilian application), if the
President determines that there are compelling foreign policy or
national security reasons for those defense articles being provided by
commercial lease rather than by government-to-government sale under such
Act.
anti-kleptocracy
Sec. 7086. (a) <<NOTE: Records. 8 USC 1182 note.>> In furtherance
of the National Strategy to Internationalize Efforts Against Kleptocracy
and Presidential Proclamation 7750, the Secretary of State shall compile
and maintain a list of officials of foreign governments and their
immediate family members who the Secretary has credible evidence have
been involved in corruption relating to the extraction of natural
resources in their countries.
(b) Any individual on the list compiled under subsection (a) shall
be ineligible for admission to the United States.
(c) The <<NOTE: Waiver authority. Determination.>> Secretary may
waive the application of subsection (b) if the Secretary determines that
admission to the United States is necessary to attend the United Nations
or to further United States law enforcement objectives, or that the
circumstances which caused the individual to be included on the list
have changed sufficiently to justify the removal of the individual from
the list.
(d) Not <<NOTE: Deadlines. Reports. Classified information.>> later
than 90 days after enactment of this Act and 180 days thereafter, the
Secretary of State shall report in writing, in classified form if
necessary, to the Committees on Appropriations
[[Page 123 STAT. 913]]
describing the evidence of corruption concerning individuals listed
pursuant to subsection (a).
training and equipment reports
Sec. 7087. (a) The annual foreign military training report required
by section 656 of the Foreign Assistance Act of 1961 shall be submitted
by the Secretary of Defense and the Secretary of State to the Committees
on Appropriations by the date specified in that section.
(b) Not later than 90 days after enactment of this Act, the
Secretary of State, in consultation with other relevant United States
Government agencies, shall submit to the Committees on Appropriations a
report detailing the equipment to be purchased with funds appropriated
or otherwise made available under the headings ``Andean Counterdrug
Programs'', ``International Narcotics Control and Law Enforcement'', and
``Foreign Military Financing Program'' in this Act: Provided, That such
report shall include a description of the anticipated costs associated
with the operation and maintenance of such equipment in subsequent
fiscal years: Provided further, That for the purposes of this
subsection, ``equipment'' shall be defined as any aircraft, vessel, boat
or vehicle.
TRANSPARENCY AND ACCOUNTABILITY
Sec. 7088. (a) United Nations.--Funds <<NOTE: Deadline. Reports.>>
made available by this Act shall be made available to continue reform
efforts at the United Nations: Provided, That not later than September
30, 2009, the Secretary of State shall submit a report to the Committees
on Appropriations detailing actions taken by United Nations
organizations under the headings ``Contributions to International
Organizations'' and ``International Organizations and Programs'' to
continue reform of United Nations financial management systems and
program oversight.
(b) World Bank.--Section 668(c)(1) of the Consolidated
Appropriations Act, 2008 (Public Law 110-161) <<NOTE: 121 Stat. 2351.>>
is amended by striking ``that'' and inserting ``on the extent to
which''.
(c) National Budget Transparency.--
(1) None <<NOTE: Public information. Deadline.>> of the
funds appropriated by this Act may be made available for
assistance for the central government of any country that fails
to make publicly available on an annual basis its national
budget, to include income and expenditures.
(2) The <<NOTE: Waiver authority. Reports.>> Secretary of
State may waive the requirements of paragraph (1) on a country-
by-country basis if the Secretary reports to the Committees on
Appropriations that to do so is important to the national
interest of the United States.
disability programs
Sec. 7089. (a) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than $4,000,000 shall be
made available for programs and activities administered by the United
States Agency for International Development (USAID) to address the needs
and protect the rights of people with disabilities in developing
countries, and for programs to make publicly available information on
independent living, advocacy, education, and transportation for people
with disabilities and disability
[[Page 123 STAT. 914]]
advocacy organizations in developing countries, including for the cost
of translation.
(b) Funds appropriated under the heading ``Operating Expenses'' in
title II of this Act shall be made available to develop and implement
training for staff in overseas USAID missions to promote the full
inclusion and equal participation of people with disabilities in
developing countries.
(c) The Secretary of State, the Secretary of the Treasury, and the
USAID Administrator shall seek to ensure that, where appropriate,
construction projects funded by this Act are accessible to people with
disabilities and in compliance with the USAID Policy on Standards for
Accessibility for the Disabled, or other similar accessibility
standards.
(d) Of the funds made available pursuant to subsection (a), not more
than 7 percent may be for management, oversight and technical support.
ORPHANS, DISPLACED AND ABANDONED CHILDREN
Sec. 7090. Of the funds appropriated under title III of this Act,
$3,000,000 should be made available for activities to improve the
capacity of foreign government agencies and nongovernmental
organizations to prevent child abandonment, address the needs of
orphans, displaced and abandoned children and provide permanent homes
through family reunification, guardianship and domestic adoptions:
Provided, That funds made available under title III of this Act should
be made available, as appropriate, consistent with--
(1) the goal of enabling children to remain in the care of
their family of origin, but when not possible, placing children
in permanent homes through adoption;
(2) the principle that such placements should be based on
informed consent which has not been induced by payment or
compensation;
(3) the view that long-term foster care or
institutionalization are not permanent options and should be
used when no other suitable permanent options are available; and
(4) the recognition that programs that protect and support
families can reduce the abandonment and exploitation of
children.
SRI LANKA
Sec. 7091. (a) <<NOTE: Certification.>> None of the funds
appropriated by this Act under the heading ``Foreign Military Financing
Program'' may be made available for assistance for Sri Lanka, no defense
export license may be issued, and no military equipment or technology
shall be sold or transferred to Sri Lanka pursuant to the authorities
contained in this Act or any other Act, until the Secretary of State
certifies to the Committee on Appropriations that--
(1) the Sri Lankan military is suspending and the Government
of Sri Lanka is bringing to justice members of the military who
have been credibly alleged to have violated internationally
recognized human rights or international humanitarian law,
including complicity in the recruitment of child soldiers;
(2) the Government of Sri Lanka is providing access to
humanitarian organizations and journalists throughout the
country consistent with international humanitarian law; and
[[Page 123 STAT. 915]]
(3) the Government of Sri Lanka has agreed to the
establishment of a field presence of the Office of the United
Nations High Commissioner for Human Rights in Sri Lanka with
sufficient staff and mandate to conduct full and unfettered
monitoring throughout the country and to publicize its findings.
(b) Subsection (a) shall not apply to technology or equipment made
available for the limited purposes of maritime and air surveillance,
including communications equipment previously committed or approved for
the limited purposes of air and maritime surveillance.
export-import bank rescission
(including rescissions)
Sec. 7092. (a) Of the funds appropriated under the heading ``Subsidy
Appropriation'' for the Export-Import Bank of the United States that are
available for tied-aid grants in prior Acts making appropriations for
foreign operations, export financing, and related programs, $17,000,000
are rescinded.
(b) Of the unobligated balances available under the heading
``Subsidy Appropriation'' for the Export-Import Bank of the United
States in Public Law 109-102, $27,000,000 are rescinded.
This division may be cited as the ``Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2009''.
DIVISION I--TRANSPORTATION, <<NOTE: Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2009. Department
of Transportation Appropriations Act, 2009.>> HOUSING AND URBAN
DEVELOPMENT, AND RELATED AGENCIES APPROPRIATONS ACT, 2009
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary, $98,248,000,
of which not to exceed $2,400,000 shall be available for the immediate
Office of the Secretary; not to exceed $759,000 shall be available for
the immediate Office of the Deputy Secretary; not to exceed $19,838,000
shall be available for the Office of the General Counsel; not to exceed
$10,107,000 shall be available for the Office of the Under Secretary of
Transportation for Policy; not to exceed $10,200,000 shall be available
for the Office of the Assistant Secretary for Budget and Programs; not
to exceed $2,400,000 shall be available for the Office of the Assistant
Secretary for Governmental Affairs; not to exceed $26,000,000 shall be
available for the Office of the Assistant Secretary for Administration;
not to exceed $2,020,000 shall be available for the Office of Public
Affairs; not to exceed $1,595,000 shall be available for the Office of
the Executive Secretariat; not to exceed $1,369,000 shall be available
for the Office of Small and Disadvantaged Business Utilization; not to
exceed $8,675,000 for the Office of Intelligence, Security, and
Emergency Response; and not to exceed $12,885,000 shall be available for
the Office of the Chief Information Officer: <<NOTE: Transfer
authority.>> Provided, That the Secretary of Transportation is
authorized
[[Page 123 STAT. 916]]
to transfer funds appropriated for any office of the Office of the
Secretary to any other office of the Office of the Secretary: Provided
further, That no appropriation for any office shall be increased or
decreased by more than 5 percent by all such
transfers: <<NOTE: Notice.>> Provided further, That notice of any
change in funding greater than 5 percent shall be submitted for approval
to the House and Senate Committees on Appropriations: Provided further,
That not to exceed $60,000 shall be for allocation within the Department
for official reception and representation expenses as the Secretary may
determine: Provided further, That notwithstanding any other provision of
law, excluding fees authorized in Public Law 107-71, there may be
credited to this appropriation up to $2,500,000 in funds received in
user fees: Provided further, That none of the funds provided in this Act
shall be available for the position of Assistant Secretary for Public
Affairs: <<NOTE: Audits.>> Provided further, That of the funds provided
under this heading, $100,000 shall be provided through reimbursement to
the Department of Transportation's Office of Inspector General to audit
the Working Capital Fund's financial statements.
Financial Management Capital
For necessary expenses for upgrading and enhancing the Department of
Transportation's financial systems, and reengineering business
processes, $5,000,000, to remain available until expended.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $9,384,000.
Transportation Planning, Research, and Development
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, to remain available until expended, $18,300,000.
Working Capital Fund
Necessary expenses for operating costs and capital outlays of the
Working Capital Fund, not to exceed $128,094,000, shall be paid from
appropriations made available to the Department of Transportation:
Provided, That such services shall be provided on a competitive basis to
entities within the Department of Transportation: Provided further, That
the above limitation on operating expenses shall not apply to non-DOT
entities: Provided further, That no funds appropriated in this Act to an
agency of the Department shall be transferred to the Working Capital
Fund without the approval of the agency modal
administrator: <<NOTE: Notice.>> Provided further, That no assessments
may be levied against any program, budget activity, subactivity or
project funded by this Act unless notice of such assessments and the
basis therefor are presented to the House and Senate Committees on
Appropriations and are approved by such Committees.
Minority Business Resource Center Program
For the cost of guaranteed loans, $353,000, as authorized by 49
U.S.C. 332: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
[[Page 123 STAT. 917]]
Congressional Budget Act of 1974: Provided further, That these funds are
available to subsidize total loan principal, any part of which is to be
guaranteed, not to exceed $18,367,000. In addition, for administrative
expenses to carry out the guaranteed loan program, $559,000.
Minority Business Outreach
For necessary expenses of Minority Business Resource Center outreach
activities, $3,056,000, to remain available until September 30, 2010:
Provided, That notwithstanding 49 U.S.C. 332, these funds may be used
for business opportunities related to any mode of transportation.
Payments to Air Carriers
(Airport and Airway Trust Fund)
(including transfer of funds)
In addition to funds made available from any other source to carry
out the essential air service program under 49 U.S.C. 41731 through
41742, $73,013,000, to be derived from the Airport and Airway Trust
Fund, to remain available until expended: Provided, That, in determining
between or among carriers competing to provide service to a community,
the Secretary may consider the relative subsidy requirements of the
carriers: Provided further, That, if the funds under this heading are
insufficient to meet the costs of the essential air service program in
the current fiscal year, the Secretary shall transfer such sums as may
be necessary to carry out the essential air service program from any
available amounts appropriated to or directly administered by the Office
of the Secretary for such fiscal year.
Compensation for Air Carriers
(rescission)
Of the amounts made available under this heading, all unobligated
balances as of the date of enactment of this Act are hereby permanently
rescinded.
Administrative Provisions--Office of the Secretary of Transportation
Sec. 101. <<NOTE: Transfer authority.>> The Secretary of
Transportation is authorized to transfer the unexpended balances
available for the bonding assistance program from ``Office of the
Secretary, Salaries and expenses'' to ``Minority Business Outreach''.
Sec. 102. <<NOTE: Assessments. Contracts.>> None of the funds made
available in this Act to the Department of Transportation may be
obligated for the Office of the Secretary of Transportation to approve
assessments or reimbursable agreements pertaining to funds appropriated
to the modal administrations in this Act, except for activities underway
on the date of enactment of this Act, unless such assessments or
agreements have completed the normal reprogramming process for
Congressional notification.
Sec. 103. None of the funds made available under this Act may be
obligated or expended to establish or implement a program under which
essential air service communities are required to
[[Page 123 STAT. 918]]
assume subsidy costs commonly referred to as the EAS local participation
program.
Sec. 104. The Secretary or his or her designee may engage in
activities with States and State legislators to consider proposals
related to the reduction of motorcycle fatalities.
Federal Aviation Administration
Operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, including operations and research activities
related to commercial space transportation, administrative expenses for
research and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to the public,
lease or purchase of passenger motor vehicles for replacement only, in
addition to amounts made available by Public Law 108-176,
$9,042,467,000, of which $5,238,005,000 shall be derived from the
Airport and Airway Trust Fund, of which not to exceed $7,099,019,000
shall be available for air traffic organization activities; not to
exceed $1,164,597,000 shall be available for aviation safety activities;
not to exceed $14,094,000 shall be available for commercial space
transportation activities; not to exceed $111,004,000 shall be available
for financial services activities; not to exceed $96,091,000 shall be
available for human resources program activities; not to exceed
$331,000,000 shall be available for region and center operations and
regional coordination activities; not to exceed $180,859,000 shall be
available for staff offices; and not to exceed $46,500,000 shall be
available for information services: Provided, That not to exceed 2
percent of any budget activity, except for aviation safety budget
activity, may be transferred to any budget activity under this heading:
Provided further, That no transfer may increase or decrease any
appropriation by more than 2 percent: Provided further, That any
transfer in excess of 2 percent shall be treated as a reprogramming of
funds under section 405 of this Act and shall not be available for
obligation or expenditure except in compliance with the procedures set
forth in that section: Provided further, That the Secretary utilize not
less than $10,000,000 of the funds provided for aviation safety
activities to pay for staff increases in the Office of Aviation Flight
Standards and the Office of Aircraft
Certification: <<NOTE: Deadlines. Reports. 49 USC 44506 note.>>
Provided further, That not later than March 31 of each fiscal year
hereafter, the Administrator of the Federal Aviation Administration
shall transmit to Congress an annual update to the report submitted to
Congress in December 2004 pursuant to section 221 of Public Law 108-176:
Provided further, That <<NOTE: Fines.>> the amount herein appropriated
shall be reduced by $100,000 for each day after March 31 that such
report has not been submitted to the Congress: <<NOTE: Grants. Safety
standards.>> Provided further, That funds may be used to enter into a
grant agreement with a nonprofit standard-setting organization to assist
in the development of aviation safety standards: Provided further, That
none of the funds in this Act shall be available for new applicants for
the second career training program: <<NOTE: User fees.>> Provided
further, That none of the funds in this Act shall be available for the
Federal Aviation Administration to finalize or implement any regulation
[[Page 123 STAT. 919]]
that would promulgate new aviation user fees not specifically authorized
by law after the date of the enactment of this Act: Provided further,
That there may be credited to this appropriation funds received from
States, counties, municipalities, foreign authorities, other public
authorities, and private sources, for expenses incurred in the provision
of agency services, including receipts for the maintenance and operation
of air navigation facilities, and for issuance, renewal or modification
of certificates, including airman, aircraft, and repair station
certificates, or for tests related thereto, or for processing major
repair or alteration forms: Provided further, That of the funds
appropriated under this heading, not less than $9,000,000 shall be for
the contract tower cost-sharing program: <<NOTE: Premium pay.>>
Provided further, That none of the funds in this Act shall be available
for paying premium pay under 5 U.S.C. 5546(a) to any Federal Aviation
Administration employee unless such employee actually performed work
during the time corresponding to such premium pay: Provided further,
That none of the funds in this Act for aeronautical charting and
cartography are available for activities conducted by, or coordinated
through, the Working Capital Fund: Provided further, That none of the
funds in this Act may be obligated or expended for an employee of the
Federal Aviation Administration to purchase a store gift card or gift
certificate through use of a Government-issued credit card.
Facilities and Equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for acquisition,
establishment, technical support services, improvement by contract or
purchase, and hire of air navigation and experimental facilities and
equipment, as authorized under part A of subtitle VII of title 49,
United States Code, including initial acquisition of necessary sites by
lease or grant; engineering and service testing, including construction
of test facilities and acquisition of necessary sites by lease or grant;
construction and furnishing of quarters and related accommodations for
officers and employees of the Federal Aviation Administration stationed
at remote localities where such accommodations are not available; and
the purchase, lease, or transfer of aircraft from funds available under
this heading, including aircraft for aviation regulation and
certification; to be derived from the Airport and Airway Trust Fund,
$2,742,095,000, of which $2,281,595,000 shall remain available until
September 30, 2011, and of which $460,500,000 shall remain available
until September 30, 2009: Provided, That there may be credited to this
appropriation funds received from States, counties, municipalities,
other public authorities, and private sources, for expenses incurred in
the establishment and modernization of air navigation facilities:
Provided further, That <<NOTE: Submission date. Investment plan.>> upon
initial submission to the Congress of the fiscal year 2010 President's
budget, the Secretary of Transportation shall transmit to the Congress a
comprehensive capital investment plan for the Federal Aviation
Administration which includes funding for each budget line item for
fiscal years 2010 through 2014, with total funding for each year of the
plan constrained to the funding targets for those years as estimated and
approved by the Office of Management and Budget: <<NOTE: Study.>>
Provided further, That the Secretary of Transportation shall conduct an
analysis that compares the current status of air traffic management and
[[Page 123 STAT. 920]]
the national airspace system to the planned architecture of the ``next
generation'' air transportation system: <<NOTE: Submission date. Interim
architecture. Cost estimate.>> Provided further, That upon initial
submission to the Congress of the fiscal year 2010 President's budget,
the Secretary of Transportation shall transmit to the Congress an
interim architecture for the ``next generation'' air transportation
system that establishes a list of priority capabilities to be achieved
by 2017 and provides an estimated cost for each of those priorities.
Research, Engineering, and Development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for research,
engineering, and development, as authorized under part A of subtitle VII
of title 49, United States Code, including construction of experimental
facilities and acquisition of necessary sites by lease or grant,
$171,000,000, to be derived from the Airport and Airway Trust Fund and
to remain available until September 30, 2011: Provided, That there may
be credited to this appropriation as offsetting collections, funds
received from States, counties, municipalities, other public
authorities, and private sources, which shall be available for expenses
incurred for research, engineering, and development.
Grants-in-Aid for Airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
For liquidation of obligations incurred for grants-in-aid for
airport planning and development, and noise compatibility planning and
programs as authorized under subchapter I of chapter 471 and subchapter
I of chapter 475 of title 49, United States Code, and under other law
authorizing such obligations; for procurement, installation, and
commissioning of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section 41743 of
title 49, United States Code; and for inspection activities and
administration of airport safety programs, including those related to
airport operating certificates under section 44706 of title 49, United
States Code, $3,600,000,000 to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided, That none
of the funds under this heading shall be available for the planning or
execution of programs the obligations for which are in excess of
$3,514,500,000 in fiscal year 2009, notwithstanding section 47117(g) of
title 49, United States Code: <<NOTE: Explosive detection systems.>>
Provided further, That none of the funds under this heading shall be
available for the replacement of baggage conveyor systems,
reconfiguration of terminal baggage areas, or other airport improvements
that are necessary to install bulk explosive detection systems: Provided
further, That notwithstanding any other provision of law, of funds
limited under this heading, not more than $87,454,000 shall be obligated
for administration, not less than $15,000,000 shall be available for the
airport cooperative research program, not less than $19,348,000 shall be
for Airport Technology Research, and $8,000,000, to remain available
until
[[Page 123 STAT. 921]]
expended, shall be available and transferred to ``Office of the
Secretary, Salaries and Expenses'' to carry out the Small Community Air
Service Development Program.
(rescission)
Of the amounts authorized under sections 48103 and 48112 of title
49, United States Code, $80,000,000 are permanently rescinded from
amounts authorized for the fiscal year ending September 30, 2009.
Administrative Provisions--Federal Aviation Administration
Sec. 110. None of the funds in this Act may be used to compensate in
excess of 600 technical staff-years under the federally funded research
and development center contract between the Federal Aviation
Administration and the Center for Advanced Aviation Systems Development
during fiscal year 2009.
Sec. 111. None of the funds in this Act shall be used to pursue or
adopt guidelines or regulations requiring airport sponsors to provide to
the Federal Aviation Administration without cost building construction,
maintenance, utilities and expenses, or space in airport sponsor-owned
buildings for services relating to air traffic control, air navigation,
or weather reporting: Provided, That the prohibition of funds in this
section does not apply to negotiations between the agency and airport
sponsors to achieve agreement on ``below-market'' rates for these items
or to grant assurances that require airport sponsors to provide land
without cost to the FAA for air traffic control facilities.
Sec. 112. The Administrator of the Federal Aviation Administration
may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1)
from fees credited under 49 U.S.C. 45303: Provided, That during fiscal
year 2009, 49 U.S.C. 41742(b) shall not apply, and any amount remaining
in such account at the close of that fiscal year may be made available
to satisfy section 41742(a)(1) for the subsequent fiscal year.
Sec. 113. Amounts collected under section 40113(e) of title 49,
United States Code, shall be credited to the appropriation current at
the time of collection, to be merged with and available for the same
purposes of such appropriation.
Sec. 114. None <<NOTE: New Jersey.>> of the funds appropriated or
limited by this Act may be used to change weight restrictions or prior
permission rules at Teterboro airport in Teterboro, New Jersey.
Sec. 115. <<NOTE: Airline schedules.>> (a) No funds provided in
this Act may be used by the Secretary of Transportation to promulgate
regulations or take any action regarding the scheduling of airline
operations at any commercial airport in the United States if such
regulation or action involves:
(1) the auctioning by the Secretary or the FAA Administrator
of rights or permission to conduct airline operations at such an
airport,
(2) the implementation by said Secretary or Administrator of
peak-period or other forms of congestion pricing at such an
airport,
(3) either:
(A) withdrawal by the Secretary or Administrator of
a right or permission to conduct operations at such an
[[Page 123 STAT. 922]]
airport (except when the withdrawal is for operational
reasons or pursuant to the terms or conditions of such
operating right or permission), or
(B) requiring a carrier to transfer involuntarily
any such right or permission to another person,
(4) the charging by the Secretary or Administrator of a fee
for the right or permission to use navigable airspace at such an
airport, or
(5) requiring or providing incentives or disincentives to
airport proprietors to take such actions themselves.
(b) Nothing in this section shall be construed to:
(1) prohibit the Secretary or the Administrator from
imposing per-operation limitations on airports for the purpose
of alleviating congestion at such airports,
(2) prohibit individual airports from implementing peak-
period or other congestion pricing at such airports, consistent
with regulations pertaining to airport rates and charges, or
(3) limit the ability of a State, political subdivision of a
State, or political authority of at least two States that owns
or operates a commercial airport from carrying out its
proprietary powers and rights.
Sec. 116. None of the funds limited by this Act for grants under the
Airport Improvement Program shall be made available to the sponsor of a
commercial service airport if such sponsor fails to agree to a request
from the Secretary of Transportation for cost-free space in a non-
revenue producing, public use area of the airport terminal or other
airport facilities for the purpose of carrying out a public service air
passenger rights and consumer outreach campaign.
Sec. 117. <<NOTE: Deadline. Reports.>> Within 60 days of the
publication date of any Government Accountability Office report
reviewing the Federal Aviation Administration's project to redesign the
airspace over the New York, New Jersey, and Philadelphia region, the
Administrator of the Federal Aviation Administration shall report in
writing to the Committee on Appropriations and the Committee on
Commerce, Science, and Transportation, on actions the agency intends to
take in order to address any concerns and recommendations identified in
the Government Accountability Office report.
Sec. 118. <<NOTE: Apportionment.>> The Secretary shall apportion to
the sponsor of an airport that received scheduled or unscheduled air
service from a large certified air carrier (as defined in part 241 of
title 14 Code of Federal Regulations, or such other regulations as may
be issued by the Secretary under the authority of section 41709) an
amount equal to the minimum apportionment specified in 49 U.S.C.
47114(c), if the Secretary determines that airport had more than 10,000
passenger boardings in the preceding calendar year, based on data
submitted to the Secretary under part 241 of title 14, Code of Federal
Regulations.
Federal Highway Administration
limitation on administrative expenses
(including transfer of funds)
Not to exceed $390,000,000, together with advances and
reimbursements received by the Federal Highway Administration, shall be
paid in accordance with law from appropriations made
[[Page 123 STAT. 923]]
available by this Act to the Federal Highway Administration for
necessary expenses for administration and operation. In addition, not to
exceed $3,524,000 shall be paid from appropriations made available by
this Act and transferred to the Department of Transportation's Office of
Inspector General for costs associated with audits and investigations of
projects and programs of the Federal Highway Administration, and not to
exceed $300,000 shall be paid from appropriations made available by this
Act and provided to that office through reimbursement to conduct the
annual audits of financial statements in accordance with section 3521 of
title 31, United States Code. In addition, not to exceed $3,124,000
shall be paid from appropriations made available by this Act and
transferred to the Appalachian Regional Commission in accordance with
section 104 of title 23, United States Code.
Federal-Aid Highways
(limitation on obligations)
(highway trust fund)
None of <<NOTE: 23 USC 104 note.>> the funds in this Act shall be
available for the implementation or execution of programs, the
obligations for which are in excess of $40,700,000,000 for Federal-aid
highways and highway safety construction programs for fiscal year 2009:
Provided, That within the $40,700,000,000 obligation limitation on
Federal-aid highways and highway safety construction programs, not more
than $429,800,000 shall be available for the implementation or execution
of programs for transportation research (chapter 5 of title 23, United
States Code; sections 111, 5505, and 5506 of title 49, United States
Code; and title 5 of Public Law 109-59) for fiscal year 2009: Provided
further, That this limitation on transportation research programs shall
not apply to any authority previously made available for obligation:
Provided further, That the Secretary may, as authorized by section
605(b) of title 23, United States Code, collect and spend fees to cover
the costs of services of expert firms, including counsel, in the field
of municipal and project finance to assist in the underwriting and
servicing of Federal credit instruments and all or a portion of the
costs to the Federal Government of servicing such credit instruments:
Provided further, That such fees are available until expended to pay for
such costs: Provided further, That such amounts are in addition to
administrative expenses that are also available for such purpose, and
are not subject to any obligation limitation or the limitation on
administrative expenses under section 608 of title 23, United States
Code.
(liquidation of contract authorization)
(highway trust fund)
For carrying out the provisions of title 23, United States Code,
that are attributable to Federal-aid highways, not otherwise provided,
including reimbursement for sums expended pursuant to the provisions of
23 U.S.C. 308, $41,439,000,000 or so much thereof as may be available in
and derived from the Highway Trust Fund (other than the Mass Transit
Account), to remain available until expended.
[[Page 123 STAT. 924]]
(rescission)
(highway trust fund)
Of the unobligated balances of funds apportioned to each State under
chapter 1 of title 23, United States Code, $3,150,000,000 are
permanently rescinded: Provided, That such rescission shall not apply to
the funds distributed in accordance with sections 130(f) and 104(b)(5)
of title 23, United States Code; sections 133(d)(1) and 163 of such
title, as in effect on the day before the date of enactment of Public
Law 109-59; and the first sentence of section 133(d)(3)(A) of such
title: Provided further, That notwithstanding section 1132 of Public Law
110-140, in administering the rescission required under this heading,
the Secretary of Transportation shall allow each State to determine the
amount of the required rescission to be drawn from the programs to which
the rescission applies.
Appalachian Development Highway System
For necessary expenses for West Virginia corridor H of the
Appalachian Development Highway System as authorized under section
1069(y) of Public Law 102-240, as amended, $9,500,000, to remain
available until expended.
Denali Access System Program
For necessary expenses for the Denali Access System Program as
authorized under section 1960 of Public Law 109-59, $5,700,000, to
remain available until expended.
Administrative Provisions--Federal Highway Administration
(including rescissions)
Sec. 120. <<NOTE: 23 USC 104 note.>> (a) For fiscal year 2009, the
Secretary of Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid highways amounts authorized for administrative
expenses and programs by section 104(a) of title 23, United
States Code; programs funded from the administrative takedown
authorized by section 104(a)(1) of title 23, United States Code
(as in effect on the date before the date of enactment of the
Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users); the highway use tax evasion program;
and the Bureau of Transportation Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid highways
and highway safety programs for previous fiscal years the funds
for which are allocated by the Secretary;
(3) determine the ratio that--
(A) the obligation limitation for Federal-aid
highways, less the aggregate of amounts not distributed
under paragraphs (1) and (2), bears to
(B) the total of the sums authorized to be
appropriated for Federal-aid highways and highway safety
construction programs (other than sums authorized to be
appropriated
[[Page 123 STAT. 925]]
for provisions of law described in paragraphs (1)
through (9) of subsection (b) and sums authorized to be
appropriated for section 105 of title 23, United States
Code, equal to the amount referred to in subsection
(b)(10) for such fiscal year), less the aggregate of the
amounts not distributed under paragraphs (1) and (2) of
this subsection;
(4)(A) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for sections 1301, 1302, and 1934 of the
Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users; sections 117 (but individually for each
project numbered 1 through 3676 listed in the table contained in
section 1702 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users) and section
144(g) of title 23, United States Code; and section 14501 of
title 40, United States Code, so that the amount of obligation
authority available for each of such sections is equal to the
amount determined by multiplying the ratio determined under
paragraph (3) by the sums authorized to be appropriated for that
section for the fiscal year; and
(B) distribute $2,000,000,000 for section 105 of title 23,
United States Code;
(5) distribute the obligation limitation provided for
Federal-aid highways, less the aggregate amounts not distributed
under paragraphs (1) and (2) and amounts distributed under
paragraph (4), for each of the programs that are allocated by
the Secretary under the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users and title 23,
United States Code (other than to programs to which paragraphs
(1) and (4) apply), by multiplying the ratio determined under
paragraph (3) by the amounts authorized to be appropriated for
each such program for such fiscal year; and
(6) distribute the obligation limitation provided for
Federal-aid highways, less the aggregate amounts not distributed
under paragraphs (1) and (2) and amounts distributed under
paragraphs (4) and (5), for Federal-aid highways and highway
safety construction programs (other than the amounts apportioned
for the equity bonus program, but only to the extent that the
amounts apportioned for the equity bonus program for the fiscal
year are greater than $2,639,000,000, and the Appalachian
development highway system program) that are apportioned by the
Secretary under the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users and title 23,
United States Code, in the ratio that--
(A) amounts authorized to be appropriated for such
programs that are apportioned to each State for such
fiscal year, bear to
(B) the total of the amounts authorized to be
appropriated for such programs that are apportioned to
all States for such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to obligations: (1)
under section 125 of title 23, United States Code; (2) under section 147
of the Surface Transportation Assistance Act of 1978; (3) under section
9 of the Federal-Aid Highway Act of 1981; (4) under subsections (b) and
(j) of section 131 of the Surface Transportation Assistance Act of 1982;
(5) under subsections (b) and (c)
[[Page 123 STAT. 926]]
of section 149 of the Surface Transportation and Uniform Relocation
Assistance Act of 1987; (6) under sections 1103 through 1108 of the
Intermodal Surface Transportation Efficiency Act of 1991; (7) under
section 157 of title 23, United States Code, as in effect on the day
before the date of the enactment of the Transportation Equity Act for
the 21st Century; (8) under section 105 of title 23, United States Code,
as in effect for fiscal years 1998 through 2004, but only in an amount
equal to $639,000,000 for each of those fiscal years; (9) for Federal-
aid highway programs for which obligation authority was made available
under the Transportation Equity Act for the 21st Century or subsequent
public laws for multiple years or to remain available until used, but
only to the extent that the obligation authority has not lapsed or been
used; (10) under section 105 of title 23, United States Code, but only
in an amount equal to $639,000,000 for each of fiscal years 2005 through
2009; and (11) under section 1603 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users, to the extent
that funds obligated in accordance with that section were not subject to
a limitation on obligations at the time at which the funds were
initially made available for obligation.
(c) <<NOTE: Distribution date.>> Redistribution of Unused
Obligation Authority.--Notwithstanding subsection (a), the Secretary
shall, after August 1 of such fiscal year, revise a distribution of the
obligation limitation made available under subsection (a) if the amount
distributed cannot be obligated during that fiscal year and redistribute
sufficient amounts to those States able to obligate amounts in addition
to those previously distributed during that fiscal year, giving priority
to those States having large unobligated balances of funds apportioned
under sections 104 and 144 of title 23, United States Code.
(d) Applicability of Obligation Limitations to Transportation
Research Programs.--The obligation limitation shall apply to
transportation research programs carried out under chapter 5 of title
23, United States Code, and title V (research title) of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for
Users, except that obligation authority made available for such programs
under such limitation shall remain available for a period of 3 fiscal
years and shall be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety construction
programs for future fiscal years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not <<NOTE: Deadline.>> later than 30 days
after the date of the distribution of obligation limitation
under subsection (a), the Secretary shall distribute to the
States any funds that--
(A) are authorized to be appropriated for such
fiscal year for Federal-aid highways programs; and
(B) the Secretary determines will not be allocated
to the States, and will not be available for obligation,
in such fiscal year due to the imposition of any
obligation limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same ratio as the distribution of obligation authority
under subsection (a)(6).
[[Page 123 STAT. 927]]
(3) Availability.--Funds distributed under paragraph (1)
shall be available for any purposes described in section 133(b)
of title 23, United States Code.
(f) Special Limitation Characteristics.--Obligation limitation
distributed for a fiscal year under subsection (a)(4) for the provision
specified in subsection (a)(4) shall--
(1) remain available until used for obligation of funds for
that provision; and
(2) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(g) High Priority Project Flexibility.--
(1) In general.--Subject to paragraph (2), obligation
authority distributed for such fiscal year under subsection
(a)(4) for each project numbered 1 through 3676 listed in the
table contained in section 1702 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users may be obligated for any other project in such section in
the same State.
(2) Restoration.--Obligation authority used as described in
paragraph (1) shall be restored to the original purpose on the
date on which obligation authority is distributed under this
section for the next fiscal year following obligation under
paragraph (1).
(h) Limitation on Statutory Construction.--Nothing in this section
shall be construed to limit the distribution of obligation authority
under subsection (a)(4)(A) for each of the individual projects numbered
greater than 3676 listed in the table contained in section 1702 of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by the
Bureau of Transportation Statistics from the sale of data products, for
necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited to
the Federal-aid highways account for the purpose of reimbursing the
Bureau for such expenses: Provided, That such funds shall be subject to
the obligation limitation for Federal-aid highways and highway safety
construction.
Sec. 122. In addition to amounts provided in this or any other Act
for fiscal year 2009, $143,031,303, to be derived from the Highway Trust
Fund (other than the Mass Transit Account), shall be available for the
Transportation, Community, and System Preservation Program under section
1117 of the Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users (Pub. L. 109-59; 119 Stat. 1144, 1177-1179):
Provided, That all funds made available under this section shall be
subject to any limitation on obligations for Federal-aid highways and
highway safety construction programs set forth in this Act or any other
Act: Provided further, That such funds shall be administered in
accordance with section 1117(g)(2) of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users.
Sec. 123. Of the amounts made available under section 104(a) of
title 23, United States Code, $33,401,492 are permanently rescinded.
Sec. 124. Of the unobligated balances of funds made available in
fiscal year 2005 and prior fiscal years for the implementation or
execution of programs for transportation research, training and
[[Page 123 STAT. 928]]
education, and technology deployment including intelligent
transportation systems, $11,756,527 are permanently rescinded.
Sec. 125. There is hereby appropriated to the Secretary of
Transportation $161,326,625 for surface transportation priorities:
Provided, That the amount provided by this section shall be made
available for the programs, projects and activities identified under
this section in the explanatory statement accompanying this Act:
Provided further, That funds provided by this section, at the request of
a State, shall be transferred by the Secretary to another Federal
agency: Provided further, That the Federal share payable on account of
any program, project, or activity carried out with funds set aside by
this section shall be 100 percent: Provided further, That the sums set
aside by this section shall remain available until expended: Provided
further, That none of the funds set aside by this section shall be
subject to any limitation on obligations for Federal-aid highways and
highway safety construction programs set forth in this Act or any other
Act.
Sec. 126. <<NOTE: Deadline. Notice. Public comments. 23 USC 313
note.>> Not less than 15 days prior to waiving, under his or her
statutory authority, any Buy America requirement for Federal-aid highway
projects, the Secretary of Transportation shall make an informal public
notice and comment opportunity on the intent to issue such waiver and
the reasons therefor: <<NOTE: Reports.>> Provided, That the Secretary
shall provide an annual report to the Appropriations Committees of the
Congress on any waivers granted under the Buy America requirements.
Sec. 127. <<NOTE: Montana.>> Notwithstanding any other provision of
law, funds made available in Public Law 110-161 for ``Bridge over
Broadway, Missoula to Rattlesnake National Recreation Area, MT'' shall
be available for a new pedestrian and bicycle-friendly at-grade crossing
of East Broadway Street in Missoula, Montana.
Sec. 128. <<NOTE: Texas.>> (a) In General.--Except as provided in
subsection (b), none of the funds made available, limited, or otherwise
affected by this Act shall be used to approve or otherwise authorize the
imposition of any toll on any segment of highway located on the Federal-
aid system in the State of Texas that--
(1) as of the date of enactment of this Act, is not tolled;
(2) is constructed with Federal assistance provided under
title 23, United States Code; and
(3) is in actual operation as of the date of enactment of
this Act.
(b) Exceptions.--
(1) Number of toll lanes.--Subsection (a) shall not apply to
any segment of highway on the Federal-aid system described in
that subsection that, as of the date on which a toll is imposed
on the segment, will have the same number of non-toll lanes as
were in existence prior to that date.
(2) High-occupancy vehicle lanes.--A high-occupancy vehicle
lane that is converted to a toll lane shall not be subject to
this section, and shall not be considered to be a non-toll lane
for purposes of determining whether a highway will have fewer
non-toll lanes than prior to the date of imposition of the toll,
if--
(A) high-occupancy vehicles occupied by the number
of passengers specified by the entity operating the toll
lane may use the toll lane without paying a toll, unless
[[Page 123 STAT. 929]]
otherwise specified by the appropriate county, town,
municipal or other local government entity, or public
toll road or transit authority; or
(B) each high-occupancy vehicle lane that was
converted to a toll lane was constructed as a temporary
lane to be replaced by a toll lane under a plan approved
by the appropriate county, town, municipal or other
local government entity, or public toll road or transit
authority.
Sec. 129. (a) In the explanatory statement referenced in section 129
of division K of Public Law 110-161 (121 Stat. 2388), the item relating
to ``Route 116 and Bay Road Intersection and Road Improvements, Amherst,
MA'' in the table of projects for such section 129 is deemed to be
amended by inserting ``, including Bike, Pedestrian, or Other Off Road
Paths'' after ``Improvements''.
(b) In the explanatory statement referenced in section 129 of
division K of Public Law 110-161 (121 Stat. 2388), the item relating to
``Highway 77 Rail Grade Separation, Marion, AR'', in the table of
projects for such section 129 is deemed to be amended by striking
``Highway 77 Rail Grade Separation, Marion, AR'' and inserting ``BNSF
main line overpass within the Marion, Arkansas, planning jurisdiction''.
(c) In the explanatory statement referenced in section 186 of
division K of Public Law 110-161 (121 Stat. 2406), in the table of
projects under the heading ``Federal Highway Administration--Federal-Aid
Highways (Limitation on Obligations)--Federal Lands'' in division K of
such explanatory statement, the item relating to ``U.S. Forest Highway
4, Winston County, Alabama'' is deemed to be amended by striking
``Highway 4'' and inserting ``Highway 9''.
(d) In the explanatory statement referenced in section 186 of
division K of Public Law 110-161 (121 Stat. 2406), the item relating to
``Street Improvements in Burnham, IL'' in the table of projects under
the heading ``Transportation, Community and System Preservation
Program'' is deemed to be amended by striking ``Street Improvements in
Burnham, IL'' and inserting ``Repair of Side Streets and Relocation of
Water Mains resulting from rerouting of traffic and reconstruction of
159th Street in Harvey, IL''.
(e) In the explanatory statement referenced in section 186 of
division K of Public Law 110-161 (121 Stat. 2406), the item relating to
``Street Improvements in Thornton, IL'' in the table of projects under
the heading ``Transportation, Community and System Preservation
Program'' is deemed to be amended by striking ``Street Improvements in
Thornton, IL'' and inserting ``Engineering, Right-of-Way, and
Construction of Joe Orr Road Extension and Main Street Project in
Lynwood, IL''.
(f) Funds made available from the amount appropriated under the
heading ``Federal Highway Administration--Highway Demonstration
Projects'' of title I of the Department of Transportation and Related
Agencies Appropriations Act, 1992 (Public Law 102-143) for the Miller
Highway from 59th Street to 72nd Street, west side of Manhattan, New
York, and from the amount appropriated under the heading ``Federal
Highway Administration--Highway Projects'' of title I of the Department
of Transportation and Related Agencies Appropriations Act, 1993 (Public
Law 102-388) for design improvements on Miller Highway, New York City,
New York, shall be made available for the project specified in item 4599
of section 1702 of SAFETEA-LU (Public Law 109-59), as
[[Page 123 STAT. 930]]
amended by the SAFETEA-LU Technical Corrections Act of 2008 (Public Law
110-244).
Sec. 130. <<NOTE: New York.>> Notwithstanding any other provision
of law, any unexpended amounts available for obligation for item number
48 under section 1106(b) of Public Law 102-240 (105 Stat. 2046) for the
Southern State Parkway Improvement project shall be available for
obligation and expenditure on the I-90 connector, Rensselaer County, New
York, including reimbursement for expenses incurred on such connector
prior to the date of enactment of this section.
Sec. 131. (a) The table contained in section 1702 of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for
Users (119 Stat. 1256) is amended by striking the project description
for item number 189 and inserting the following: ``Planning, design,
engineering, environmental analysis, acquisition of rights-of-way, and
construction for the Long Valley Bypass''.
(b) The table contained in section 1702 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users (119
Stat. 1256) is amended by striking the project description for item
number 3546 and inserting the following: ``Port of Coos Bay to acquire
and repair the Coos Bay Line''.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
(including rescission)
For payment of obligations incurred for administration of motor
carrier safety operations and programs pursuant to section 31104(i) of
title 49, United States Code, and sections 4127 and 4134 of Public Law
109-59, $234,000,000, to be derived from the Highway Trust Fund (other
than the Mass Transit Account), together with advances and
reimbursements received by the Federal Motor Carrier Safety
Administration, the sum of which shall remain available until expended:
Provided, That none of the funds derived from the Highway Trust Fund in
this Act shall be available for the implementation, execution or
administration of programs, the obligations for which are in excess of
$234,000,000, for ``Motor Carrier Safety Operations and Programs'', of
which $8,500,000, to remain available for obligation until September 30,
2011, is for the research and technology program and $1,000,000 shall be
available for commercial motor vehicle operator's grants to carry out
section 4134 of Public Law 109-59: Provided further, That
notwithstanding any other provision of law, none of the funds under this
heading for outreach and education shall be available for
transfer: <<NOTE: Reports. Deadlines.>> Provided further, That the
Federal Motor Carrier Safety Administration shall transmit to Congress a
report on March 30, 2009 and September 30, 2009 on the agency's ability
to meet its requirement to conduct compliance reviews on high-risk
carriers: Provided further, That $4,839,259 in unobligated balances are
permanently rescinded.
[[Page 123 STAT. 931]]
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
(including rescission)
For payment of obligations incurred in carrying out sections 31102,
31104(a), 31106, 31107, 31109, 31309, 31313 of title 49, United States
Code, and sections 4126 and 4128 of Public Law 109-59, $307,000,000, to
be derived from the Highway Trust Fund (other than the Mass Transit
Account) and to remain available until expended: Provided, That none of
the funds in this Act shall be available for the implementation or
execution of programs, the obligations for which are in excess of
$307,000,000, for ``Motor Carrier Safety Grants''; of which $209,000,000
shall be available for the motor carrier safety assistance program to
carry out sections 31102 and 31104(a) of title 49, United States Code;
$25,000,000 shall be available for the commercial driver's license
improvements program to carry out section 31313 of title 49, United
States Code; $32,000,000 shall be available for the border enforcement
grants program to carry out section 31107 of title 49, United States
Code; $5,000,000 shall be available for the performance and registration
information system management program to carry out sections 31106(b) and
31109 of title 49, United States Code; $25,000,000 shall be available
for the commercial vehicle information systems and networks deployment
program to carry out section 4126 of Public Law 109-59; $3,000,000 shall
be available for the safety data improvement program to carry out
section 4128 of Public Law 109-59; and $8,000,000 shall be available for
the commercial driver's license information system modernization program
to carry out section 31309(e) of title 49, United States Code: Provided
further, That of the funds made available for the motor carrier safety
assistance program, $29,000,000 shall be available for audits of new
entrant motor carriers: Provided further, That $6,502,558 in unobligated
balances are permanently rescinded.
Motor Carrier Safety
(highway trust fund)
(rescission)
Of the amounts made available under this heading in prior
appropriations Acts, $2,231,259 in unobligated balances are permanently
rescinded.
National Motor Carrier Safety Program
(highway trust fund)
(rescission)
Of the amounts made available under this heading in prior
appropriations Acts, $19,571,910 in unobligated balances are permanently
rescinded.
[[Page 123 STAT. 932]]
Administrative Provisions--Federal Motor Carrier Safety Administration
Sec. 135. <<NOTE: Reports. Deadline.>> Funds appropriated or
limited in this Act shall be subject to the terms and conditions
stipulated in section 350 of Public Law 107-87 and section 6901 of
Public Law 110-28, including that the Secretary submit a report to the
House and Senate Appropriations Committees annually on the safety and
security of transportation into the United States by Mexico-domiciled
motor carriers.
Sec. 136. None of the funds appropriated or otherwise made available
under this Act may be used, directly or indirectly, to establish,
implement, continue, promote, or in any way permit a cross-border motor
carrier demonstration program to allow Mexican-domiciled motor carriers
to operate beyond the commercial zones along the international border
between the United States and Mexico, including continuing, in whole or
in part, any such program that was initiated prior to the date of the
enactment of this Act.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the Secretary,
with respect to traffic and highway safety under subtitle C of title X
of Public Law 109-59 and chapter 301 and part C of subtitle VI of title
49, United States Code, $127,000,000, of which $31,670,000 shall remain
available until September 30, 2010: Provided, That none of the funds
appropriated by this Act may be obligated or expended to plan, finalize,
or implement any rulemaking to add to section 575.104 of title 49 of the
Code of Federal Regulations any requirement pertaining to a grading
standard that is different from the three grading standards (treadwear,
traction, and temperature resistance) already in effect.
Operations and Research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of 23 U.S.C. 403, $105,500,000 to be derived from the Highway Trust Fund
(other than the Mass Transit Account) and to remain available until
expended: Provided, That none of the funds in this Act shall be
available for the planning or execution of programs the total
obligations for which, in fiscal year 2009, are in excess of
$105,500,000 for programs authorized under 23 U.S.C. 403: Provided
further, That within the $105,500,000 obligation limitation for
operations and research, $26,908,000 shall remain available until
September 30, 2010 and shall be in addition to the amount of any
limitation imposed on obligations for future years.
[[Page 123 STAT. 933]]
National Driver Register
(Liquidation of contract authorization)
(Limitation on obligations)
(Highway trust fund)
For payment of obligations incurred in carrying out chapter 303 of
title 49, United States Code, $4,000,000, to be derived from the Highway
Trust Fund (other than the Mass Transit Account) and to remain available
until expended: Provided, That none of the funds in this Act shall be
available for the implementation or execution of programs the total
obligations for which, in fiscal year 2009, are in excess of $4,000,000
for the National Driver Register authorized under such chapter.
highway traffic safety grants
(liquidation of contract authorization)
(llimitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of 23 U.S.C. 402, 405, 406, 408, and 410 and sections 2001(a)(11), 2009,
2010, and 2011 of Public Law 109-59, to remain available until expended,
$619,500,000 to be derived from the Highway Trust Fund (other than the
Mass Transit Account): Provided, That none of the funds in this Act
shall be available for the planning or execution of programs the total
obligations for which, in fiscal year 2009, are in excess of
$619,500,000 for programs authorized under 23 U.S.C. 402, 405, 406, 408,
and 410 and sections 2001(a)(11), 2009, 2010, and 2011 of Public Law
109-59, of which $235,000,000 shall be for ``Highway Safety Programs''
under 23 U.S.C. 402; $25,000,000 shall be for ``Occupant Protection
Incentive Grants'' under 23 U.S.C. 405; $124,500,000 shall be for
``Safety Belt Performance Grants'' under 23 U.S.C. 406, and such
obligation limitation shall remain available until September 30, 2010 in
accordance with subsection (f) of such section 406 and shall be in
addition to the amount of any limitation imposed on obligations for such
grants for future fiscal years; $34,500,000 shall be for ``State Traffic
Safety Information System Improvements'' under 23 U.S.C. 408;
$139,000,000 shall be for ``Alcohol-Impaired Driving Countermeasures
Incentive Grant Program'' under 23 U.S.C. 410; $18,500,000 shall be for
``Administrative Expenses'' under section 2001(a)(11) of Public Law 109-
59; $29,000,000 shall be for ``High Visibility Enforcement Program''
under section 2009 of Public Law 109-59; $7,000,000 shall be for
``Motorcyclist Safety'' under section 2010 of Public Law 109-59; and
$7,000,000 shall be for ``Child Safety and Child Booster Seat Safety
Incentive Grants'' under section 2011 of Public Law 109-59: Provided
further, That none of these funds shall be used for construction,
rehabilitation, or remodeling costs, or for office furnishings and
fixtures for State, local or private buildings or structures: Provided
further, That not to exceed $500,000 of the funds made available for
section 410 ``Alcohol-Impaired Driving Countermeasures Grants'' shall be
available for technical assistance to the States: Provided further, That
[[Page 123 STAT. 934]]
not to exceed $750,000 of the funds made available for the ``High
Visibility Enforcement Program'' shall be available for the evaluation
required under section 2009(f) of Public Law 109-59.
administrative provisions--national highway traffic safety
administration
(including rescissions)
Sec. 140. Notwithstanding any other provision of law or limitation
on the use of funds made available under section 403 of title 23, United
States Code, an additional $130,000 shall be made available to the
National Highway Traffic Safety Administration, out of the amount
limited for section 402 of title 23, United States Code, to pay for
travel and related expenses for State management reviews and to pay for
core competency development training and related expenses for highway
safety staff.
Sec. 141. Of the amounts made available under the heading
``Operations and Research (Liquidation of Contract Authorization)
(Limitation on Obligations) (Highway Trust Fund)'' in prior
appropriations Acts, $10,900,000 in unobligated balances are permanently
rescinded.
Sec. 142. Of the amounts made available under the heading ``National
Driver Register (Liquidation of Contract Authorization) (Limitation on
Obligations) (Highway Trust Fund)'' in prior appropriations Acts,
$544,000 in unobligated balances are permanently rescinded.
Sec. 143. Of the amounts made available under the heading ``Highway
Traffic Safety Grants (Liquidation of Contract Authorization)
(Limitation on Obligations) (Highway Trust Fund)'' in prior
appropriations Acts, $60,200,000 in unobligated balances are permanently
rescinded.
Federal Railroad Administration
Safety and Operations
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $159,445,000, of which $12,268,890 shall remain
available until expended.
railroad research and development
For necessary expenses for railroad research and development,
$33,950,000, to remain available until expended.
capital assistance to states--intercity
passenger rail service
To enable the Federal Railroad Administrator to make grants to
States for the capital costs of improving existing intercity passenger
rail service and providing new intercity passenger rail service,
$90,000,000, to remain available until expended: <<NOTE: Grants.>>
Provided, That grants shall be provided to a State only on a
reimbursable basis: Provided further, That grants cover no more than 50
percent of the total capital cost of a project selected for funding:
Provided further, That no more than 10 percent of funds made available
under this program may be used for planning activities that lead
[[Page 123 STAT. 935]]
directly to the development of a passenger rail corridor investment plan
consistent with the requirements established by the Administrator:
Provided further, That <<NOTE: Deadline. Publication. Criteria.>> no
later than eight months following enactment of this Act, the Secretary
shall establish and publish criteria for project selection, set a
deadline for grant applications, and provide a schedule for project
selection: Provided further, That to be eligible for this assistance,
States must include intercity passenger rail service as an integral part
of statewide transportation planning as required under section 135 of
title 23, United States Code: Provided further, That to be eligible for
capital assistance the specific project must be on the Statewide
Transportation Improvement Plan at the time of the application to
qualify: Provided further, That the Secretary give priority to capital
and planning applications for projects that improve the safety and
reliability of intercity passenger trains, involve a commitment by
freight railroads to an enforceable on-time performance of passenger
trains of 80 percent or greater, involve a commitment by freight
railroads of financial resources commensurate with the benefit expected
to their operations, improve or extend service on a route that requires
little or no Federal assistance for its operations, and involve a
commitment by States or railroads of financial resources to improve the
safety of highway/rail grade crossings over which the passenger service
operates: Provided further, That <<NOTE: Reports. Deadline.>> the
Administrator is directed to report to the Committees on Appropriations
not later than 180 days upon enactment of this Act detailing the
recipients and outcomes of grants issued pursuant to Public Law 110-116,
under this heading, the Capital Assistance to States Program, any and
all usage and performance fees paid to a freight railroad for access to
the right of way: Provided further, That the Administrator may retain up
to one-quarter of 1 percent of the funds provided under this heading to
fund the award and oversight by the Administrator of grants made under
this heading.
Railroad Rehabilitation and Improvement Financing Program
The Secretary of Transportation is authorized to issue to the
Secretary of the Treasury notes or other obligations pursuant to section
512 of the Railroad Revitalization and Regulatory Reform Act of 1976
(Public Law 94-210), as amended, in such amounts and at such times as
may be necessary to pay any amounts required pursuant to the guarantee
of the principal amount of obligations under sections 511 through 513 of
such Act, such authority to exist as long as any such guaranteed
obligation is outstanding: Provided, That pursuant to section 502 of
such Act, as amended, no new direct loans or loan guarantee commitments
shall be made using Federal funds for the credit risk premium during
fiscal year 2009.
Rail Line Relocation and Improvement Program
For necessary expenses of carrying out section 20154 of title 49,
United States Code, as authorized by section 9002 of Public Law 109-59,
$25,000,000, to remain available until expended.
[[Page 123 STAT. 936]]
Operating Grants to the National Railroad Passenger Corporation
To enable the Secretary of Transportation to make quarterly grants
to the National Railroad Passenger Corporation for operation of
intercity passenger rail, $550,000,000, to remain available until
expended: Provided, That the Secretary shall withhold such sums as shall
be necessary for the costs associated with the second retroactive wage
payment to Amtrak employees and shall transmit such funding to the
corporation for the sole and exclusive purpose of making such payments
only at such time as said payments are due: Provided further, That such
remaining amounts available under this paragraph shall be available for
the Secretary to approve funding to cover operating losses for the
Corporation only after receiving and reviewing a grant request for each
specific train route: Provided further, That each such grant request
shall be accompanied by a detailed financial analysis, revenue
projection, and capital expenditure projection justifying the Federal
support to the Secretary's satisfaction: Provided further, That the
Corporation is directed to achieve savings through operating
efficiencies including, but not limited to, modifications to food and
beverage service and first class service: <<NOTE: Reports. Deadlines.>>
Provided further, That the Inspector General of the Department of
Transportation shall report to the House and Senate Committees on
Appropriations beginning 3 months after the date of the enactment of
this Act and quarterly thereafter with estimates of the savings accrued
as a result of all operational reforms instituted by the
Corporation: <<NOTE: Deadline. Plans.>> Provided further, That not
later than 120 days after enactment of this Act, the Corporation shall
transmit to the House and Senate Committees on Appropriations the status
of its plan to improve the financial performance of food and beverage
service and its plan to improve the financial performance of first class
service (including sleeping car service): <<NOTE: Reports. Deadline.>>
Provided further, That the Corporation shall report quarterly to the
House and Senate Committees on Appropriations on its progress against
the milestones and target dates contained in the plan provided in fiscal
year 2008 and quantify savings realized to date on a monthly basis
compared to those projected in the plan, identify any changes in the
plan or delays in implementing these plans, and identify the causes of
delay and proposed corrective measures: <<NOTE: Deadline. Business
plan.>> Provided further, That not later than 90 days after enactment
of this Act, the Corporation shall transmit, in electronic format, to
the Secretary, the House and Senate Committees on Appropriations, the
House Committee on Transportation and Infrastructure and the Senate
Committee on Commerce, Science, and Transportation a comprehensive
business plan approved by the Board of Directors for fiscal year 2009
under section 24104(a) of title 49, United States Code: Provided
further, That the business plan shall include, as applicable, targets
for ridership, revenues, and capital and operating expenses: Provided
further, That the plan shall also include a separate accounting of such
targets for the Northeast Corridor; commuter service; long-distance
Amtrak service; State-supported service; each intercity train route,
including Autotrain; and commercial activities including contract
operations: Provided further, That the business plan shall include a
description of the work to be funded, along with cost estimates and an
estimated timetable for completion of the projects
[[Page 123 STAT. 937]]
covered by this business plan: <<NOTE: Reports. Deadline.>> Provided
further, That the Corporation shall continue to provide monthly reports
in electronic format regarding the pending business plan, which shall
describe the work completed to date, any changes to the business plan,
and the reasons for such changes, and shall identify all sole source
contract awards which shall be accompanied by a justification as to why
said contract was awarded on a sole source basis: <<NOTE: Web
posting.>> Provided further, That the Corporation's business plan and
all subsequent supplemental plans shall be displayed on the
Corporation's website within a reasonable timeframe following their
submission to the appropriate entities: Provided further, That none of
the funds under this heading may be obligated or expended until the
Corporation agrees to continue abiding by the provisions of paragraphs
1, 2, 5, 9, and 11 of the summary of conditions for the direct loan
agreement of June 28, 2002, in the same manner as in effect on the date
of enactment of this Act: Provided further, That none of the funds
provided in this Act may be used after March 1, 2006, to support any
route on which Amtrak offers a discounted fare of more than 50 percent
off the normal, peak fare: Provided further, That the preceding proviso
does not apply to routes where the operating loss as a result of the
discount is covered by a State and the State participates in the setting
of fares: Provided further, That of the amounts made available under
this heading not less than $18,500,000 shall be available for the Amtrak
Office of Inspector General.
Capital and Debt Service Grants to the National Railroad Passenger
Corporation
To enable the Secretary of Transportation to make quarterly grants
to the National Railroad Passenger Corporation for the maintenance and
repair of capital infrastructure owned by the Corporation, including
railroad equipment, rolling stock, legal mandates and other services,
$940,000,000, to remain available until expended, of which not to exceed
$285,000,000 shall be for debt service obligations: Provided, That the
Secretary may retain up to one-quarter of 1 percent of the funds under
this heading to fund the oversight by the Federal Railroad
Administration of the design and implementation of capital projects
funded by grants made under this heading: Provided further, That the
Secretary shall approve funding for capital expenditures, including
advance purchase orders of materials, for the Corporation only after
receiving and reviewing a grant request for each specific capital grant
justifying the Federal support to the Secretary's satisfaction: Provided
further, That none of the funds under this heading may be used to
subsidize operating losses of the Corporation: Provided further, That
none of the funds under this heading may be used for capital projects
not approved by the Secretary of Transportation or on the Corporation's
fiscal year 2009 business plan: <<NOTE: Fleet plan.>> Provided further,
That, the business plan shall be accompanied by a comprehensive fleet
plan for all Amtrak rolling stock which shall address the Corporation's
detailed plans and timeframes for the maintenance, refurbishment,
replacement and expansion of the Amtrak fleet: Provided further, That
said fleet plan shall establish year-specific goals and milestones and
discuss potential, current, and preferred financing options for all such
activities.
[[Page 123 STAT. 938]]
EFFICIENCY INCENTIVE GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION
(RESCISSION)
Of the amounts made available under this heading in Public Laws 109-
115 and 110-5, all unobligated balances as of the date of enactment of
this provision are hereby rescinded.
Administrative Provisions--Federal Railroad Administration
Sec. 151. The Secretary may purchase promotional items of nominal
value for use in public outreach activities to accomplish the purposes
of 49 U.S.C. 20134: <<NOTE: Guidelines.>> Provided, That the Secretary
shall prescribe guidelines for the administration of such purchases and
use.
Sec. 152. Hereafter, notwithstanding any other provision of law,
funds provided in this Act for the National Railroad Passenger
Corporation shall immediately cease to be available to said Corporation
in the event that the Corporation contracts to have services provided at
or from any location outside the United States. <<NOTE: Definition.>>
For purposes of this section, the word ``services'' shall mean any
service that was, as of July 1, 2006, performed by a full-time or part-
time Amtrak employee whose base of employment is located within the
United States.
Sec. 153. The Secretary of Transportation may receive and expend
cash, or receive and utilize spare parts and similar items, from non-
United States Government sources to repair damages to or replace United
States Government owned automated track inspection cars and equipment as
a result of third party liability for such damages, and any amounts
collected under this section shall be credited directly to the Safety
and Operations account of the Federal Railroad Administration, and shall
remain available until expended for the repair, operation and
maintenance of automated track inspection cars and equipment in
connection with the automated track inspection program.
Sec. 154. <<NOTE: Reports. Deadlines.>> The Federal Railroad
Administrator shall submit a quarterly report on April 1, 2009, and
quarterly reports thereafter, to the House and Senate Committees on
Appropriations detailing the Administrator's efforts at improving the
on-time performance of Amtrak intercity rail service operating on non-
Amtrak owned property. Such reports shall compare the most recent actual
on-time performance data to pre-established on-time performance goals
that the Administrator shall set for each rail service, identified by
route. Such reports shall also include whatever other information and
data regarding the on-time performance of Amtrak trains the
Administrator deems to be appropriate. <<NOTE: Fines.>> The amounts
made available in this title under the heading ``Office of the
Secretary, Salaries and Expenses'' shall be reduced $100,000 for each
day after the first day of each quarter that the quarterly reports
required by this section are not submitted to the Congress.
[[Page 123 STAT. 939]]
Federal Transit Administration
Administrative Expenses
(including transfer of funds)
For necessary administrative expenses of the Federal Transit
Administration's programs authorized by chapter 53 of title 49, United
States Code, $94,413,000: Provided, That of the funds available under
this heading, not to exceed $1,800,000 shall be available for travel and
not to exceed $23,322,000 shall be available for the central account:
Provided further, That any funding transferred from the central account
shall be submitted for approval to the House and Senate Committees on
Appropriations: Provided further, That none of the funds provided or
limited in this Act may be used to create a permanent office of transit
security under this heading: Provided further, That of the funds in this
Act available for the execution of contracts under section 5327(c) of
title 49, United States Code, $2,000,000 shall be transferred to the
Department of Transportation's Office of Inspector General for costs
associated with audits and investigations of transit-related issues,
including reviews of new fixed guideway
systems: <<NOTE: Reports. Deadline.>> Provided further, That upon
submission to the Congress of the fiscal year 2010 President's budget,
the Secretary of Transportation shall transmit to Congress the annual
report on new starts, including proposed allocations of funds for fiscal
year 2010.
Formula and Bus Grants
(liquidation of contract authority)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335,
5339, and 5340 and section 3038 of Public Law 105-178, as amended,
$8,670,000,000 to be derived from the Mass Transit Account of the
Highway Trust Fund and to remain available until expended: Provided,
That funds available for the implementation or execution of programs
authorized under 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316,
5317, 5320, 5335, 5339, and 5340 and section 3038 of Public Law 105-178,
as amended, shall not exceed total obligations of $8,260,565,000 in
fiscal year 2009.
Research and University Research Centers
For necessary expenses to carry out 49 U.S.C. 5306, 5312-5315, 5322,
and 5506, $67,000,000, to remain available until expended: Provided,
That $10,000,000 is available to carry out the transit cooperative
research program under section 5313 of title 49, United States Code,
$4,300,000 is available for the National Transit Institute under section
5315 of title 49, United States Code, and $7,000,000 is available for
university transportation centers program under section 5506 of title
49, United States Code: Provided further, That $45,700,000 is available
to carry out national research programs under sections 5312, 5313, 5314,
and 5322 of title 49, United States Code.
[[Page 123 STAT. 940]]
Capital Investment Grants
For necessary expenses to carry out section 5309 of title 49, United
States Code, $1,809,250,000, to remain available until expended, of
which no less than $200,000,000 is for section 5309(e) of such title:
Provided, That of the funds available under this heading, amounts are to
be made available as follows:
AC Transit BRT Corridor, California, $4,000,000.
Bellevue-Redmond BRT, King County, Washington, $10,952,330.
BRT, Potomac Yard-Crystal City, City of Alexandria and
Arlington County, Virginia, $1,000,000.
BRT, State Avenue Corridor, Wyandotte County, Kansas,
$1,500,000.
Central Corridor Light Rail Transit Project, Minnesota,
$20,000,000.
Central Florida Commuter Rail, Florida, $13,000,000.
Central Link Initial Segment, Seattle, Washington,
$25,962,062.
Central Phoenix/East Valley Light Rail, Arizona,
$91,800,000.
Charlotte Rapid Transit Extension, North Carolina,
$20,500,000.
Commuter Rail Improvements, Fitchburg, Massachusetts,
$30,000,000.
Commuter Rail Study--Phoenix to Tucson, Arizona, $3,500,000.
CTA Brown Line (Ravenswood), Illinois, $30,474,404.
CTA Circle Line, Illinois, $6,000,000.
Dallas Area Rapid Transit Northwest/Southeast Light Rail
MOS, Texas, $87,974,716.
Downtown Orlando East-West Circulator System, Florida,
$8,000,000.
Dulles Corridor Metrorail, Virginia, $29,100,000.
Honolulu High Capacity Transit Corridor Project, Hawaii,
$20,000,000.
Houston Metropolitan Transit Authority Advanced Transit
Program/METRO Solutions Phase 2, Texas, $15,000,000.
Hudson-Bergen MOS-2, Northern, New Jersey, $1,103,860.
I-69 HOV/BRT, Mississippi, $7,650,000.
Improvements to the Rosslyn Metro Station, Virginia,
$2,000,000.
JTA BRT System, Jacksonville, Florida, $1,280,000.
Largo Metrorail Extension, District of Columbia/Maryland,
$34,700,000.
Livermore-Amador BRT, Livermore, California, $7,990,000.
Long Island Rail Road East Side Access, New York,
$209,623,898.
Mason Corridor BRT, Fort Collins, Colorado, $11,182,000.
MARC Capacity Improvements, Maryland, $13,000,000.
Metra, Illinois, $24,000,000.
Metro Gold Line Eastside Extension, Los Angeles, California,
$81,600,000.
Metrorail Orange Line Extension Project, Florida,
$20,000,000.
Metro Rapid Bus System Gap Closure, Los Angeles, California,
$332,620.
[[Page 123 STAT. 941]]
Mid-City Rapid, San Diego, California, $19,485,000.
Mid Jordan Light Rail Extension, Utah, $20,000,000.
Mountain Links BRT, Flagstaff, Arizona, $5,614,200.
Norfolk LRT, Virginia, $53,592,108.
North Shore LRT Connector, Pennsylvania, $670,885.
Northern Indiana Commuter Transit District, Indiana,
$5,000,000.
Northstar Corridor Rail, Minnesota, $71,166,060.
Pacific Highway South BRT, King County, Washington,
$281,520.
Perris Valley Line, Riverside, California, $45,000,000.
Pioneer Parkway EmX BRT, Springfield, Oregon, $296,000.
San Francisco Muni Third Street Light Rail--Central Subway
Project, California, $10,000,000.
Second Avenue Subway Phase 1, New York, $277,697,000.
South Corridor BRT, Kent County, Michigan, $600,000.
South Corridor I-205/Portland Mall LRT, Oregon, $81,600,000.
South County Commuter Rail, Wickford Junction Station, Rhode
Island, $1,345,500.
South Sacramento Light Rail Extension, California,
$7,000,000.
Southeast Corridor, LRT, Colorado, $1,031,210.
Stamford Urban Transitway, Connecticut, $3,650,000.
Streetcar Loop, Portland, Oregon, $45,000,000.
Trans-Hudson Midtown Corridor, New Jersey, $48,000,000.
Troost Corridor BRT, Kansas City, Missouri, $125,200.
Tucson Modern Streetcar/Light Rail Transit System, Tucson,
Arizona, $2,000,000.
University Link LRT Extension, Washington, $100,000,000.
Van Ness BRT Project, San Francisco, California, $400,000.
VRE Rolling Stock, Virginia, $5,000,000.
Weber County to Salt Lake City Commuter Rail, Utah,
$81,600,000.
West Corridor LRT, Colorado, $60,000,000.
Wilshire Boulevard Bus-Only Lane, Los Angeles, California,
$9,857,097.
Administrative Provisions--Federal Transit Administration
(including rescissions)
Sec. 160. The limitations on obligations for the programs of the
Federal Transit Administration shall not apply to any authority under 49
U.S.C. 5338, previously made available for obligation, or to any other
authority previously made available for obligation.
Sec. 161. Notwithstanding any other provision of law, funds
appropriated or limited by this Act under the Federal Transit
Administration, Capital Investment Grants account and for bus and bus
facilities under the Federal Transit Administration, Formula and Bus
Grants account for projects specified in this Act or identified in
reports accompanying this Act not obligated by September 30, 2011, and
other recoveries, shall be directed to projects eligible to use the
funds for the purposes for which they were originally provided.
Sec. 162. Notwithstanding any other provision of law, any funds
appropriated before October 1, 2008, under any section of chapter 53 of
title 49, United States Code, that remain available
[[Page 123 STAT. 942]]
for expenditure, may be transferred to and administered under the most
recent appropriation heading for any such section.
Sec. 163. Notwithstanding any other provision of law, unobligated
funds made available for new fixed guideway system projects under the
heading ``Federal Transit Administration, Capital investment grants'' in
any appropriations Act prior to this Act may be used during this fiscal
year to satisfy expenses incurred for such projects.
Sec. 164. During fiscal year 2009, each Federal Transit
Administration grant for a project that involves the acquisition or
rehabilitation of a bus to be used in public transportation shall be
funded for 90 percent of the net capital costs of a biodiesel bus or a
factory-installed or retrofitted hybrid electric propulsion system and
any equipment related to such a system: Provided, That the Secretary
shall have the discretion to determine, through practicable
administrative procedures, the costs attributable to the system and
related-equipment.
Sec. 165. <<NOTE: Contracts.>> Notwithstanding any other provision
of law, in regard to the Central Link Initial Segment Project, to the
extent that Federal funds remain available within the current budget for
the project, the Secretary shall, immediately upon the date of enactment
of this Act, amend the Full Funding Grant Agreement for said project to
allow remaining Federal funds to be used to support completion of the
Airport Link extension of said project.
Sec. 166. <<NOTE: Kansas.>> Any unexpended funds in Federal
Transit Administration grant numbers KS-03-0018 and KS-03-0032 shall be
made available, at the request of the State, for a bus rapid transit
project and related capital purchases and facility improvements, in
Johnson County, Kansas City, KS under the terms and conditions required
to carry out section 5309(b)(3) of title 49, United States Code to the
extent applicable.
Sec. 167. Of the balances available for this fiscal year to carry
out 49 U.S.C. 5309(b) left to the discretion of the Secretary of
Transportation, $100,000,000 are permanently rescinded.
Sec. 168. None of the funds provided or limited under this Act may
be used to issue a final regulation under section 5309 of title 49,
United States Code, except that the Federal Transit Administration may
continue to review comments received on the proposed rule (Docket No.
FTA-2006-25737).
Sec. 169. Funds made available for Alaska or Hawaii ferry boats or
ferry terminal facilities pursuant to 49 U.S.C. 5309(m)(2)(B) may be
used to construct new vessels and facilities, or to improve existing
vessels and facilities, including both the passenger and vehicle-related
elements of such vessels and facilities, and for repair facilities:
Provided, That not more than $4,000,000 of the funds made available
pursuant to 49 U.S.C. 5309(m)(2)(B) may be used by the City and County
of Honolulu to operate a passenger ferry boat service demonstration
project to test the viability of different intra-island ferry boat
routes and technologies.
Sec. 170. Notwithstanding any other provision of law, unobligated
funds or recoveries under section 5309 of title 49, United States Code,
that are available to the Secretary of Transportation for reallocation
shall be directed to projects eligible to use the funds for the purposes
for which they were originally provided.
Sec. 171. Notwithstanding any other provision of law, the $2,695,000
appropriated for the Charlotte Rapid Transit Extension--Northeast
Corridor Light Rail Project, North Carolina under
[[Page 123 STAT. 943]]
the Alternatives Analysis Account in division K of the Consolidated
Appropriations Act, 2008 (Public Law 110-161) shall be used for the
Charlotte Rapid Transit Extension--Northeast Corridor to carry out new
fixed guideway or extension to existing fixed guideway activities
described in section 5309 of title 49, United States Code.
Saint Lawrence Seaway Development Corporation
The Saint <<NOTE: Expenditure authority. Contracts.>> Lawrence
Seaway Development Corporation is hereby authorized to make such
expenditures, within the limits of funds and borrowing authority
available to the Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control Act, as
amended, as may be necessary in carrying out the programs set forth in
the Corporation's budget for the current fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses for operations, maintenance, and capital
asset renewal of those portions of the Saint Lawrence Seaway owned,
operated, and maintained by the Saint Lawrence Seaway Development
Corporation, $31,842,000, to be derived from the Harbor Maintenance
Trust Fund, pursuant to Public Law 99-662.
Maritime Administration
Maritime Security Program
For necessary expenses to maintain and preserve a U.S.-flag merchant
fleet to serve the national security needs of the United States,
$174,000,000, to remain available until expended.
Operations and Training
For necessary expenses of operations and training activities
authorized by law, $123,360,000, of which $10,500,000 shall remain
available until expended for maintenance and repair of Schoolships at
State Maritime Schools, of which $8,150,000 shall remain available until
expended for capital improvements at the United States Merchant Marine
Academy, and of which $53,208,000 shall be available for operations at
the United States Merchant Marine Academy: Provided, That amounts
apportioned for the United States Merchant Marine Academy shall be
available only upon allotments made personally by the Secretary of
Transportation and not a designee: Provided further, That the
Superintendent, Deputy Superintendent and the Director of the Office of
Resource Management of the United States Merchant Marine Academy may not
be allotment holders for the United States Merchant Marine Academy, and
the Administrator of Maritime Administration shall hold all allotments
made by the Secretary of Transportation under the previous
proviso: <<NOTE: Expenditure plan.>> Provided further, That 50 percent
of the funding made available for the United States Merchant Marine
Academy under this heading shall be available only after the Secretary,
in consultation with the Maritime Administration, completes a plan
detailing by program or activity and by object class how such
[[Page 123 STAT. 944]]
funding will be expended at the Academy, and this plan is submitted to
the House and Senate Committees on Appropriations.
Ship Disposal
For necessary expenses related to the disposal of obsolete vessels
in the National Defense Reserve Fleet of the Maritime Administration,
$15,000,000, to remain available until expended.
Assistance to Small Shipyards <<NOTE: Grants. Deadlines.>>
To make grants to qualified shipyards as authorized under section
3506 of Public Law 109-163 or section 54101 of title 46, United States
Code, $17,500,000, to remain available until expended: Provided, That to
be considered for assistance, a qualified shipyard shall submit an
application for assistance no later than 60 days after enactment of this
Act: Provided further, That from applications submitted under the
previous proviso, the Secretary of Transportation shall make grants no
later than 120 days after enactment of this Act in such amounts as the
Secretary determines: Provided further, That not to exceed 2 percent of
the funds appropriated under this heading shall be available for
necessary costs of grant administration.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For administrative expenses to carry out the guaranteed loan
program, not to exceed $3,531,000, which shall be transferred to and
merged with the appropriation for ``Operations and Training'', Maritime
Administration.
Ship Construction
(rescission)
Of the unobligated balances available under this heading, $1,382,554
are rescinded.
Administrative Provisions--Maritime Administration
Sec. 175. Notwithstanding any other provision of this Act, the
Maritime Administration is authorized to furnish utilities and services
and make necessary repairs in connection with any lease, contract, or
occupancy involving Government property under control of the Maritime
Administration, and payments received therefor shall be credited to the
appropriation charged with the cost thereof: Provided, That rental
payments under any such lease, contract, or occupancy for items other
than such utilities, services, or repairs shall be covered into the
Treasury as miscellaneous receipts.
Sec. 176. No obligations shall be incurred during the current fiscal
year from the construction fund established by the Merchant Marine Act,
1936 (46 U.S.C. 53101 note (cds)), or otherwise, in excess of the
appropriations and limitations contained in this Act or in any prior
appropriations Act.
Sec. 177. Section 51509 of title 46, United States Code, is amended
in subsection (b) by deleting ``$4,000'' and inserting in lieu thereof
``$8,000'' and by inserting ``tuition,'' after ``uniforms,''.
[[Page 123 STAT. 945]]
Pipeline and Hazardous Materials Safety Administration
Administrative Expenses
(pipeline safety fund)
For necessary operational expenses of the Pipeline and Hazardous
Materials Safety Administration, $19,130,000, of which $639,000 shall be
derived from the Pipeline Safety Fund: Provided, That $1,000,000 shall
be transferred to ``Pipeline Safety'' in order to fund ``Pipeline safety
information grants to communities'' as authorized in section 60130 of
title 49, United States Code: <<NOTE: Grants. Deadline.>> Provided
further, That grants described under the previous proviso shall be
awarded within 120 days of enactment of this Act.
hazardous materials safety
For expenses necessary to discharge the hazardous materials safety
functions of the Pipeline and Hazardous Materials Safety Administration,
$32,000,000, of which $3,302,000 shall remain available until September
30, 2011: Provided, That up to $800,000 in fees collected under 49
U.S.C. 5108(g) shall be deposited in the general fund of the Treasury as
offsetting receipts: Provided further, That there may be credited to
this appropriation, to be available until expended, funds received from
States, counties, municipalities, other public authorities, and private
sources for expenses incurred for training, for reports publication and
dissemination, and for travel expenses incurred in performance of
hazardous materials exemptions and approvals functions.
Pipeline Safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to conduct the functions of the pipeline
safety program, for grants-in-aid to carry out a pipeline safety
program, as authorized by 49 U.S.C. 60107, and to discharge the pipeline
program responsibilities of the Oil Pollution Act of 1990, $93,291,000,
of which $18,810,000 shall be derived from the Oil Spill Liability Trust
Fund and shall remain available until September 30, 2011; and of which
$74,481,000 shall be derived from the Pipeline Safety Fund, of which
$40,081,000 shall remain available until September 30, 2011: Provided,
That not less than $1,043,000 of the funds provided under this heading
shall be for the one-call State grant program.
Emergency Preparedness Grants
(emergency preparedness fund)
For necessary expenses to carry out 49 U.S.C. 5128(b), $188,000, to
be derived from the Emergency Preparedness Fund, to remain available
until September 30, 2010: Provided, That not more than $28,318,000 shall
be made available for obligation in fiscal year 2009 from amounts made
available by 49 U.S.C. 5116(i) and 5128(b)-(c): Provided further, That
none of the funds made available by 49 U.S.C. 5116(i), 5128(b), or
5128(c) shall be made
[[Page 123 STAT. 946]]
available for obligation by individuals other than the Secretary of
Transportation, or his or her designee.
Research and Innovative Technology Administration
Research and Development
For necessary expenses of the Research and Innovative Technology
Administration, $12,900,000, of which $6,936,000 shall remain available
until September 30, 2011: Provided, That there may be credited to this
appropriation, to be available until expended, funds received from
States, counties, municipalities, other public authorities, and private
sources for expenses incurred for training.
Office of Inspector General
Salaries and Expenses
For necessary expenses of the Office of Inspector General to carry
out the provisions of the Inspector General Act of 1978, as amended,
$71,400,000: Provided, That the Inspector General shall have all
necessary authority, in carrying out the duties specified in the
Inspector General Act, as amended (5 U.S.C. App. 3), to investigate
allegations of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to regulation by
the Department: Provided further, That the funds made available under
this heading shall be used to investigate, pursuant to section 41712 of
title 49, United States Code: (1) unfair or deceptive practices and
unfair methods of competition by domestic and foreign air carriers and
ticket agents; and (2) the compliance of domestic and foreign air
carriers with respect to item (1) of this proviso.
Surface Transportation Board
Salaries and Expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $26,847,000: Provided,
That notwithstanding any other provision of law, not to exceed
$1,250,000 from fees established by the Chairman of the Surface
Transportation Board shall be credited to this appropriation as
offsetting collections and used for necessary and authorized expenses
under this heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced on a dollar-for-dollar basis as
such offsetting collections are received during fiscal year 2009, to
result in a final appropriation from the general fund estimated at no
more than $25,597,000.
General Provisions--Department of Transportation
Sec. 180. During the current fiscal year applicable appropriations
to the Department of Transportation shall be available for maintenance
and operation of aircraft; hire of passenger motor vehicles and
aircraft; purchase of liability insurance for motor vehicles operating
in foreign countries on official department business; and uniforms or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
[[Page 123 STAT. 947]]
Sec. 181. Appropriations contained in this Act for the Department of
Transportation shall be available for services as authorized by 5 U.S.C.
3109, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for an Executive Level IV.
Sec. 182. <<NOTE: Appointees.>> None of the funds in this Act shall
be available for salaries and expenses of more than 110 political and
Presidential appointees in the Department of Transportation: Provided,
That none of the personnel covered by this provision may be assigned on
temporary detail outside the Department of Transportation.
Sec. 183. None of the funds in this Act shall be used to implement
section 404 of title 23, United States Code.
Sec. 184. (a) No recipient of funds made available in this Act shall
disseminate personal information (as defined in 18 U.S.C. 2725(3))
obtained by a State department of motor vehicles in connection with a
motor vehicle record as defined in 18 U.S.C. 2725(1), except as provided
in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not withhold
funds provided in this Act for any grantee if a State is in
noncompliance with this provision.
Sec. 185. Funds received by the Federal Highway Administration,
Federal Transit Administration, and Federal Railroad Administration from
States, counties, municipalities, other public authorities, and private
sources for expenses incurred for training may be credited respectively
to the Federal Highway Administration's ``Federal-Aid Highways''
account, the Federal Transit Administration's ``Research and University
Research Centers'' account, and to the Federal Railroad Administration's
``Safety and Operations'' account, except for State rail safety
inspectors participating in training pursuant to 49 U.S.C. 20105.
Sec. 186. Funds provided or limited in this Act under the
appropriate accounts within the Federal Highway Administration, the
Federal Railroad Administration and the Federal Transit Administration
shall be for the eligible programs, projects and activities in the
corresponding amounts identified in the explanatory statement
accompanying this Act for ``Ferry Boats and Ferry Terminal Facilities'',
``Federal Lands'', ``Interstate Maintenance Discretionary'',
``Transportation, Community and System Preservation Program'', ``Delta
Region Transportation Development Program'', ``Rail Line Relocation and
Improvement Program'', ``Rail-highway crossing hazard eliminations'',
``Alternatives analysis'', and ``Bus and bus facilities''.
Sec. 187. Notwithstanding any other provisions of law, rule or
regulation, the Secretary of Transportation is authorized to allow the
issuer of any preferred stock heretofore sold to the Department to
redeem or repurchase such stock upon the payment to the Department of an
amount determined by the Secretary.
Sec. 188. None <<NOTE: Grants. Notification. Deadline.>> of the
funds in this Act to the Department of Transportation may be used to
make a grant unless the Secretary of Transportation notifies the House
and Senate Committees on Appropriations not less than 3 full business
days before any discretionary grant award, letter of intent, or full
funding grant agreement totaling $500,000 or more is announced by the
department or its modal administrations from: (1) any discretionary
grant program of the Federal Highway Administration including the
emergency relief program; (2) the airport improvement program of the
Federal Aviation Administration; (3) any grant from the Federal
[[Page 123 STAT. 948]]
Railroad Administration; or (4) any program of the Federal Transit
Administration other than the formula grants and fixed guideway
modernization programs: <<NOTE: Notification.>> Provided, That the
Secretary gives concurrent notification to the House and Senate
Committees on Appropriations for any ``quick release'' of funds from the
emergency relief program: Provided further, That no notification shall
involve funds that are not available for obligation.
Sec. 189. Rebates, refunds, incentive payments, minor fees and other
funds received by the Department of Transportation from travel
management centers, charge card programs, the subleasing of building
space, and miscellaneous sources are to be credited to appropriations of
the Department of Transportation and allocated to elements of the
Department of Transportation using fair and equitable criteria and such
funds shall be available until expended.
Sec. 190. Amounts made available in this or any other Act that the
Secretary determines represent improper payments by the Department of
Transportation to a third party contractor under a financial assistance
award, which are recovered pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments;
and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation of
the Improper Payments Information Act of 2002: Provided, That
amounts in excess of that required for paragraphs (1) and (2)--
(A) shall be credited to and merged with the
appropriation from which the improper payments were
made, and shall be available for the purposes and period
for which such appropriations are available; or
(B) if no such appropriation remains available,
shall be deposited in the Treasury as miscellaneous
receipts: Provided further,
That <<NOTE: Notification.>> prior to the transfer of
any such recovery to an appropriations account, the
Secretary shall notify the House and Senate Committees
on Appropriations of the amount and reasons for such
transfer: Provided further, That for purposes of this
section, the term ``improper payments'', has the same
meaning as that provided in section 2(d)(2) of Public
Law 107-300.
Sec. 191. <<NOTE: Notice.>> Notwithstanding any other provision of
law, if any funds provided in or limited by this Act are subject to a
reprogramming action that requires notice to be provided to the House
and Senate Committees on Appropriations, said reprogramming action shall
be approved or denied solely by the Committees on Appropriations:
Provided, That <<NOTE: Deadline.>> the Secretary may provide notice to
other congressional committees of the action of the Committees on
Appropriations on such reprogramming but not sooner than 30 days
following the date on which the reprogramming action has been approved
or denied by the House and Senate Committees on Appropriations.
Sec. 192. (a) None of the funds appropriated or otherwise made
available under this Act to the Surface Transportation Board of the
Department of Transportation may be used to take any action to allow any
activity described in subsection (b) in a case, matter, or declaratory
order involving a railroad, or an entity
[[Page 123 STAT. 949]]
claiming or seeking authority to operate as a railroad, unless the Board
receives written assurance from the Governor, or the Governor's
designee, of the State in which such activity will occur that such
railroad or entity has agreed to comply with State and local regulations
that establish public health, safety, and environmental standards for
the activities described in subsection (b), other than zoning laws or
regulations.
(b) Activities referred to in subsection (a) are activities that
occur at a solid waste rail transfer facility involving--
(1) the collection, storage, or transfer of solid waste (as
defined in section 1004 of the Solid Waste Disposal Act (42
U.S.C. 6903)) outside of original shipping containers; or
(2) the separation or processing of solid waste (including
baling, crushing, compacting, and shredding).
Sec. 193. None of the funds appropriated or otherwise made available
under this Act may be used by the Surface Transportation Board of the
Department of Transportation to charge or collect any filing fee for
rate complaints filed with the Board in an amount in excess of the
amount authorized for district court civil suit filing fees under
section 1914 of title 28, United States Code.
Sec. 194. Of the funds made available or limited by this Act, which
are not otherwise allocated under this Act or under SAFETEA-LU (Public
Law 109-59) or necessary to fulfill existing agreements between the
Department of Transportation and metropolitan areas under the ``Urban
Partnerships'' and ``Congestion-Reduction Demonstration'' programs, not
more than 10 percent of such funds for any program that is allocated at
the discretion of the Secretary may be expended in furtherance of the
Department of Transportation's ``National Strategy to Reduce Congestion
on America's Transportation Network'' issued May 2006 by Secretary of
Transportation, the Honorable Norman Mineta; also known as the
``Congestion Initiative'' or any other new congestion initiative.
Sec. 195. Of the funds available for Ferry Boats and Ferry Terminal
Facilities, $950,000 shall be for Missouri River, Route 240, Saline and
Howard Counties for expenses, including reimbursement of previously
incurred expenses, for alternative transportation (including ferryboat
service) during bridge replacement.
Sec. 196. Notwithstanding any other provision of law, the State of
New Mexico may use funds apportioned to the State under section
104(b)(2) of title 23, United States Code, for the congestion mitigation
and air quality improvement program under section 149 of title 23,
United States Code, to support the operation of commuter rail service
between Belen and Bernalillo, New Mexico.
Sec. 197. Notwithstanding any other provision of law, funds made
available in fiscal years 2006 through 2009 for item number 598 in
section 3044(a) of Public Law 109-59 that are unobligated or unexpended
in a grant shall be made available to OATS, Incorporated for buses and
bus-related facilities.
Sec. 198. Notwithstanding any other provision of law, funds made
available in fiscal years 2006 through 2009 for item number 1152 in
section 1702 of Public Law 109-59 that are unobligated or unexpended
shall be made available for maintenance, repair and reconstruction of
the Tucker Bridge in the City of St. Louis, Missouri.
Sec. 199. <<NOTE: Extension.>> Notwithstanding any other provision
of law, section 198 of division K of Public Law 110-161 shall continue
in effect during fiscal year 2009.
[[Page 123 STAT. 950]]
This title may be cited as the ``Department of Transportation
Appropriations Act, 2009''.
TITLE II <<NOTE: Department of Housing and Urban Development
Appropriations Act, 2009.>>
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
executive direction
For necessary salaries and expenses for Executive Direction,
$23,799,456, of which not to exceed $3,885,581 shall be available for
the immediate Office of the Secretary and Deputy Secretary; not to
exceed $1,613,898 shall be available for the Office of Hearings and
Appeals; not to exceed $544,552 shall be available for the Office of
Small and Disadvantaged Business Utilization; not to exceed $720,343
shall be available for the immediate Office of the Chief Financial
Officer; not to exceed $1,516,800 shall be available for the immediate
Office of the General Counsel; not to exceed $2,715,488 shall be
available to the Office of the Assistant Secretary for Congressional and
Intergovernmental Relations; not to exceed $2,586,721 shall be available
for the Office of the Assistant Secretary for Public Affairs; not to
exceed $1,005,120 shall be available for the Office of the Assistant
Secretary for Administration; not to exceed $1,602,655 shall be
available to the Office of the Assistant Secretary for Public and Indian
Housing; not to exceed $1,707,499 shall be available to the Office of
the Assistant Secretary for Community Planning and Development; not to
exceed $3,778,560 shall be available to the Office of the Assistant
Secretary for Housing, Federal Housing Commissioner; not to exceed
$1,431,212 shall be available to the Office of the Assistant Secretary
for Policy Development and Research; and not to exceed $691,027 shall be
available to the Office of the Assistant Secretary for Fair Housing and
Equal Opportunity: <<NOTE: Transfer authority. Notification.>>
Provided, That the Secretary of the Department of Housing and Urban
Development is authorized to transfer funds appropriated for any office
funded under this heading to any other office funded under this heading
following the written notification to the House and Senate Committees on
Appropriations: Provided further, That no appropriation for any office
shall be increased or decreased by more than 5 percent by all such
transfers: Provided further, That <<NOTE: Notice.>> notice of any
change in funding greater than 5 percent shall be submitted for prior
approval to the House and Senate Committees on
Appropriations: <<NOTE: Notification.>> Provided further, That the
Secretary shall provide the Committees on Appropriations quarterly
written notification regarding the status of pending congressional
reports: <<NOTE: Reports. Electronic submission.>> Provided further,
That the Secretary shall provide all signed reports required by Congress
electronically: Provided further, That not to exceed $25,000 of the
amount made available under this paragraph for the immediate Office of
the Secretary shall be available for official reception and
representation expenses as the Secretary may determine.
Administration, Operations and Management
For necessary salaries and expenses for administration, operations
and management for the Department of Housing and Urban Development,
$527,433,640, of which not to exceed $75,510,000
[[Page 123 STAT. 951]]
shall be available for the personnel compensation and benefits of the
Office of Administration; not to exceed $11,003,940 shall be available
for the personnel compensation and benefits of the Office of
Departmental Operations and Coordination; not to exceed $48,817,430
shall be available for the personnel compensation and benefits of the
Office of Field Policy and Management; not to exceed $13,438,200 shall
be available for the personnel compensation and benefits of the Office
of the Chief Procurement Officer; not to exceed $34,028,820 shall be
available for the personnel compensation and benefits of the remaining
staff in the Office of the Chief Financial Officer; not to exceed
$84,837,460 shall be available for the personnel compensation and
benefits of the remaining staff in the Office of the General Counsel;
not to exceed $3,085,120 shall be available for the personnel
compensation and benefits of the Office of Departmental Equal Employment
Opportunity; not to exceed $1,215,280 shall be available for the
personnel compensation and benefits for the Center for Faith-Based and
Community Initiatives; and not to exceed $255,497,390 shall be available
for non-personnel expenses of the Department of Housing and Urban
Development: Provided, That, funds provided under this heading may be
used for necessary administrative and non-administrative expenses of the
Department of Housing and Urban Development, not otherwise provided for,
including purchase of uniforms, or allowances therefor, as authorized by
5 U.S.C. 5901-5902; hire of passenger motor vehicles; services as
authorized by 5 U.S.C. 3109: Provided further, That notwithstanding any
other provision of law, funds appropriated under this heading may be
used for advertising and promotional activities that support the housing
mission area: Provided further, That <<NOTE: Transfer authority.>> the
Secretary of Housing and Urban Development is authorized to transfer
funds appropriated for any office included in Administration, Operations
and Management to any other office included in Administration,
Operations and Management only after such transfer has been submitted
to, and received prior written approval by, the House and Senate
Committees on Appropriations: Provided further, That no appropriation
for any office shall be increased or decreased by more than 10 percent
by all such transfers.
Personnel Compensation and Benefits
Public and Indian Housing
For necessary personnel compensation and benefits expenses of the
Office of Public and Indian Housing, $190,390,100.
Community Planning and Development
For necessary personnel compensation and benefits expenses of the
Office of Community Planning and Development mission area, $94,233,700.
Housing
For necessary personnel compensation and benefits expenses of the
Office of Housing, $363,198,000.
[[Page 123 STAT. 952]]
office of the government national mortgage association
For necessary personnel compensation and benefits expenses of the
Office of the Government National Mortgage Association, $10,000,000, to
be derived from the GNMA guarantees of mortgage backed securities
guaranteed loan receipt account.
Policy Development and Research
For necessary personnel compensation and benefits expenses of the
Office of Policy Development and Research, $18,070,850.
Fair Housing and Equal Opportunity
For necessary personnel compensation and benefits expenses of the
Office of Fair Housing and Equal Opportunity, $69,020,990.
Office of Healthy Homes and Lead Hazard Control
For necessary personnel compensation and benefits expenses of the
Office of Healthy Homes and Lead Hazard Control, $6,727,950.
Public and Indian Housing
tenant-based rental assistance
(including transfer of funds)
For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing Act of
1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not
otherwise provided for, $16,817,000,000, to remain available until
expended, of which $12,817,000,000 shall be available on October 1,
2008, and $4,000,000,000 shall be available on October 1, 2009:
Provided, That the amounts made available under this heading are
provided as follows:
(1) $15,034,071,000 shall be available for renewals of
expiring section 8 tenant-based annual contributions contracts
(including renewals of enhanced vouchers under any provision of
law authorizing such assistance under section 8(t) of the Act)
and including renewal of other designated housing vouchers
initially funded in fiscal year 2008 (such as Family
Unification, Veterans Affairs Supportive Housing Vouchers and
Non-elderly Disabled Vouchers): Provided, That notwithstanding
any other provision of law, from amounts provided under this
paragraph and any carryover, the Secretary for the calendar year
2009 funding cycle shall provide renewal funding for each public
housing agency based on voucher management system (VMS) leasing
and cost data for the most recent Federal fiscal year and by
applying the 2009 Annual Adjustment Factor as established by the
Secretary, and by making any necessary adjustments for the costs
associated with deposits to family self-sufficiency program
escrow accounts or first-time renewals including tenant
protection or HOPE VI vouchers: Provided further, That none of
the funds provided under this paragraph may be used to fund a
total number of unit months under lease which exceeds a public
housing
[[Page 123 STAT. 953]]
agency's authorized level of units under contract: Provided
further, That the Secretary shall, to the extent necessary to
stay within the amount specified under this paragraph (except as
otherwise modified under this Act), pro rate each public housing
agency's allocation otherwise established pursuant to this
paragraph: Provided further,
That <<NOTE: Notification. Deadline.>> except as provided in
the last two provisos, the entire amount specified under this
paragraph (except as otherwise modified under this Act) shall be
obligated to the public housing agencies based on the allocation
and pro rata method described above and the Secretary shall
notify public housing agencies of their annual budget not later
than 60 days after enactment of this Act: Provided further, That
the Secretary may extend the 60-day notification period with the
written approval of the House and Senate Committees on
Appropriations: Provided further, That public housing agencies
participating in the Moving to Work demonstration shall be
funded pursuant to their Moving to Work agreements and shall be
subject to the same pro rata adjustments under the previous
provisos: Provided further, That up to $100,000,000 shall be
available only: (1) to adjust the allocations for public housing
agencies, after application for an adjustment by a public
housing agency that experienced a significant increase, as
determined by the Secretary, in renewal costs of tenant-based
rental assistance resulting from unforeseen circumstances or
from portability under section 8(r) of the Act; (2) for
adjustments for public housing agencies with voucher leasing
rates at the end of the calendar year that exceed the average
leasing for the 12-month period used to establish the
allocation; (3) for adjustments for the costs associated with
VASH vouchers; and (4) for vouchers that were not in use during
the 12-month period in order to be available to meet a
commitment pursuant to section 8(o)(13) of the Act.
(2) $150,000,000 for section 8 rental assistance for
relocation and replacement of housing units that are demolished
or disposed of pursuant to the Omnibus Consolidated Rescissions
and Appropriations Act of 1996 (Public Law 104-134), conversion
of section 23 projects to assistance under section 8, the family
unification program under section 8(x) of the Act, relocation of
witnesses in connection with efforts to combat crime in public
and assisted housing pursuant to a request from a law
enforcement or prosecution agency, enhanced vouchers under any
provision of law authorizing such assistance under section 8(t)
of the Act, HOPE VI vouchers, mandatory and voluntary
conversions, and tenant protection assistance including
replacement and relocation assistance or for project based
assistance to prevent the displacement of unassisted elderly
tenants currently residing in section 202 properties financed
between 1959 and 1974 that are refinanced pursuant to Public Law
106-569, as amended or under the authority as provided under
this Act: <<NOTE: Vouchers.>> Provided, That the Secretary
shall provide replacement vouchers for all units that were
occupied within the previous 24 months that cease to be
available as assisted housing, subject only to the availability
of funds.
(3) Not to exceed $7,929,000 provided under this heading may
be transferred to the Working Capital Fund: <<NOTE: Web
posting.>> Provided, That funding made available under this
section shall not be transferred to the Working Capital Fund
until the voucher
[[Page 123 STAT. 954]]
management system leasing and cost data is made available to the
public on the Department of Housing and Urban Development
website.
(4) $1,500,000,000 for administrative and other expenses of
public housing agencies in administering the section 8 tenant-
based rental assistance program and which up to $50,000,000
shall be available to the Secretary to allocate to public
housing agencies that need additional funds to administer their
section 8 programs, including fees associated with section 8
tenant protection rental assistance, the administration of
disaster related vouchers, Veterans Affairs Supportive Housing
vouchers, and other incremental vouchers: Provided, That no less
than $1,400,000,000 of the amount provided in this paragraph
shall be allocated to public housing agencies for the calendar
year 2009 funding cycle based on section 8(q) of the Act (and
related Appropriation Act provisions) as in effect immediately
before the enactment of the Quality Housing and Work
Responsibility Act of 1998 (Public Law 105-276): Provided
further, That if the amounts made available under this paragraph
are insufficient to pay the amounts determined under the
previous proviso, the Secretary may decrease the amounts
allocated to agencies by a uniform percentage applicable to all
agencies receiving funding under this paragraph or may, to the
extent necessary to provide full payment of amounts determined
under the previous proviso, utilize unobligated balances,
including recaptures and carryovers, remaining from funds
appropriated to the Department of Housing and Urban Development
under this heading, for fiscal year 2008 and prior fiscal years,
notwithstanding the purposes for which such amounts were
appropriated: Provided further, That amounts provided under this
paragraph shall be only for activities related to the provision
of tenant-based rental assistance authorized under section 8,
including related development activities: Provided further, That
of the total amount provided under this paragraph, $50,000,000
shall be made available for family self-sufficiency coordinators
under section 23 of the Act.
(5) $20,000,000 for incremental voucher assistance through
the Family Unification Program: <<NOTE: Extension.>> Provided,
That the assistance made available under this paragraph shall
continue to remain available for family unification upon
turnover: Provided further, That the Secretary of Housing and
Urban Development shall make such funding available,
notwithstanding section 204 (competition provision) of this
title, to entities with demonstrated experience and resources
for supportive services.
(6) $75,000,000 for incremental rental voucher assistance
for use through a supported housing program administered in
conjunction with the Department of Veterans Affairs as
authorized under section 8(o)(19) of the United States Housing
Act of 1937: Provided, That the Secretary of Housing and Urban
Development shall make such funding available, notwithstanding
section 204 (competition provision) of this title, to public
housing agencies that partner with eligible VA Medical Centers
or other entities as designated by the Secretary of the
Department of Veterans Affairs, based on geographical need for
such assistance as identified by the Secretary of the
[[Page 123 STAT. 955]]
Department of Veterans Affairs, public housing agency
administrative performance, and other factors as specified by
the Secretary of Housing and Urban Development in consultation
with the Secretary of the Department of Veterans
Affairs: <<NOTE: Waiver authority.>> Provided further, That the
Secretary of Housing and Urban Development may waive, or specify
alternative requirements for (in consultation with the Secretary
of the Department of Veterans Affairs), any provision of any
statute or regulation that the Secretary of Housing and Urban
Development administers in connection with the use of funds made
available under this paragraph (except for requirements related
to fair housing, nondiscrimination, labor standards, and the
environment), upon a finding by the Secretary that any such
waivers or alternative requirements are necessary for the
effective delivery and administration of such voucher
assistance: <<NOTE: Extension.>> Provided further, That
assistance made available under this paragraph shall continue to
remain available for homeless veterans upon turn-over.
(7) $30,000,000 for incremental vouchers under section 8 of
the Act for nonelderly disabled families: <<NOTE: Extension.>>
Provided, That assistance made available under this paragraph
shall continue to remain available for the same population upon
turnover: Provided further, That the Secretary of Housing and
Urban Development shall make such funding available,
notwithstanding section 204 (competition provision) of this
title, to entities with demonstrated experience and resources
for supportive services.
housing certificate fund
Of the unobligated balances, including recaptures and carryover,
remaining from funds appropriated to the Department of Housing and Urban
Development under this heading, the heading ``Annual Contributions for
Assisted Housing'' and the heading ``Project-Based Rental Assistance'',
for fiscal year 2009 and prior years may be used for renewal of or
amendments to section 8 project-based contracts and for performance-
based contract administrators, notwithstanding the purposes for which
such funds were appropriated: <<NOTE: Contracts. Termination.>>
Provided, That any obligated balances of contract authority from fiscal
year 1974 and prior that have been terminated shall be cancelled.
public housing capital fund
(including transfer of funds)
For the <<NOTE: Deadline.>> Public Housing Capital Fund Program to
carry out capital and management activities for public housing agencies,
as authorized under section 9 of the United States Housing Act of 1937
(42 U.S.C. 1437g) (the ``Act'') $2,450,000,000, to remain available
until September 30, 2012: Provided, That notwithstanding any other
provision of law or regulation, during fiscal year 2009 the Secretary of
Housing and Urban Development may not delegate to any Department
official other than the Deputy Secretary and the Assistant Secretary for
Public and Indian Housing any authority under paragraph (2) of section
9(j) regarding the extension of the time periods under such
section: <<NOTE: Definition.>> Provided further, That for purposes of
such section 9(j), the term ``obligate'' means, with respect to amounts,
that the amounts are subject to a binding agreement
[[Page 123 STAT. 956]]
that will result in outlays, immediately or in the future: Provided
further, That of the total amount provided under this heading, up to
$10,000,000 shall be for carrying out activities under section 9(h) of
such Act; not to exceed $14,577,000 may be transferred to the Working
Capital Fund; and up to $15,345,000 shall be to support the ongoing
Public Housing Financial and Physical Assessment activities of the Real
Estate Assessment Center (REAC): Provided further, That no funds may be
used under this heading for the purposes specified in section 9(k) of
the Act: Provided further, That of the total amount provided under this
heading, not to exceed $20,000,000 shall be available for the Secretary
to make grants, notwithstanding section 204 of this Act, to public
housing agencies for emergency capital needs including safety and
security measures necessary to address crime and drug-related activity
as well as needs resulting from unforeseen or unpreventable emergencies
and natural disasters excluding Presidentially declared disasters
occurring in fiscal year 2009: Provided further, That of the total
amount provided under this heading, $40,000,000 shall be for supportive
services, service coordinators and congregate services as authorized by
section 34 of the Act (42 U.S.C. 1437z-6) and the Native American
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et
seq.): Provided further, That of the total amount provided under this
heading up to $8,820,000 is to support the costs of administrative and
judicial receiverships: <<NOTE: Bonus awards.>> Provided further, That
from the funds made available under this heading, the Secretary shall
provide bonus awards in fiscal year 2009 to public housing agencies that
are designated high performers.
Public Housing Operating Fund
For 2009 payments to public housing agencies for the operation and
management of public housing, as authorized by section 9(e) of the
United States Housing Act of 1937 (42 U.S.C. 1437g(e)), $4,455,000,000;
of which $5,940,000 shall be for competitive grants and contracts to
third parties for the provision of technical assistance to public
housing agencies related to the transition and implementation of asset-
based management in public housing: Provided, That, <<NOTE: 42 USC 1437g
note.>> in fiscal year 2009 and all fiscal years hereafter, no amounts
under this heading in any appropriations Act may be used for payments to
public housing agencies for the costs of operation and management of
public housing for any year prior to the current year of such Act:
Provided further, That no funds may be used under this heading for the
purposes specified in section 9(k) of the United States Housing Act of
1937.
Revitalization of Severely Distressed Public Housing (Hope VI)
For grants to public housing agencies for demolition, site
revitalization, replacement housing, and tenant-based assistance grants
to projects as authorized by section 24 of the United States Housing Act
of 1937 (42 U.S.C. 1437v), $120,000,000, to remain available until
September 30, 2010, of which the Secretary of Housing and Urban
Development shall use $2,400,000 for technical assistance and contract
expertise, to be provided directly or indirectly by grants, contracts or
cooperative agreements, including training and cost of necessary travel
for participants in such training, by or to officials and employees of
the department and of public housing agencies and to residents:
Provided, That none
[[Page 123 STAT. 957]]
of such funds shall be used directly or indirectly by granting
competitive advantage in awards to settle litigation or pay judgments,
unless expressly permitted herein.
Native American Housing Block Grants
For the Native American Housing Block Grants program, as authorized
under title I of the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.),
$645,000,000, to remain available until expended: Provided, That,
notwithstanding the Native American Housing Assistance and Self-
Determination Act of 1996, to determine the amount of the allocation
under title I of such Act for each Indian tribe, the Secretary shall
apply the formula under section 302 of such Act with the need component
based on single-race Census data and with the need component based on
multi-race Census data, and the amount of the allocation for each Indian
tribe shall be the greater of the two resulting allocation amounts:
Provided further, That of the amounts made available under this heading,
$3,500,000 shall be contracted for assistance for a national
organization representing Native American housing interests for
providing training and technical assistance to Indian housing
authorities and tribally designated housing entities as authorized under
NAHASDA; and $4,250,000 shall be to support the inspection of Indian
housing units, contract expertise, training, and technical assistance in
the training, oversight, and management of such Indian housing and
tenant-based assistance, including up to $300,000 for related travel:
Provided further, That of the amount provided under this heading,
$2,000,000 shall be made available for the cost of guaranteed notes and
other obligations, as authorized by title VI of NAHASDA: Provided
further, That such costs, including the costs of modifying such notes
and other obligations, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
these funds are available to subsidize the total principal amount of any
notes and other obligations, any part of which is to be guaranteed, not
to exceed $17,000,000.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as authorized
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111 et seq.), $10,000,000, to
remain available until expended: Provided, That of this amount, $299,211
shall be for training and technical assistance activities, including up
to $100,000 for related travel by Hawaii-based HUD employees.
Indian Housing Loan Guarantee Fund Program Account
For the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a),
$9,000,000, to remain available until expended: Provided, That such
costs, including the costs of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize total loan
principal, any part of which is to be guaranteed, up to $420,000,000:
Provided further, That up to $750,000 shall
[[Page 123 STAT. 958]]
be for administrative contract expenses including management processes
and systems to carry out the loan guarantee program.
Native Hawaiian Housing Loan Guarantee Fund Program Account
For the cost of guaranteed loans, as authorized by section 184A of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13b),
$1,044,000, to remain available until expended: Provided, That such
costs, including the costs of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize total loan
principal, any part of which is to be guaranteed, not to exceed
$41,504,255.
Community Planning and Development
housing opportunities for persons with aids
(including transfer of funds)
For carrying out the Housing Opportunities for Persons with AIDS
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
12901 et seq.), $310,000,000, to remain available until September 30,
2010, except that amounts allocated pursuant to section 854(c)(3) of
such Act shall remain available until September 30,
2011: <<NOTE: Contracts.>> Provided, That the Secretary shall renew all
expiring contracts for permanent supportive housing that were funded
under section 854(c)(3) of such Act that meet all program requirements
before awarding funds for new contracts and activities authorized under
this section: Provided further, That the Secretary may use not to exceed
$1,485,000 of the funds under this heading for training, oversight, and
technical assistance activities; and not to exceed $1,750,000 may be
transferred to the Working Capital Fund.
Rural Housing and Economic Development
For the Office of Rural Housing and Economic Development in the
Department of Housing and Urban Development, $26,000,000, to remain
available until expended, which amount shall be competitively awarded by
September 1, 2009, to Indian tribes, State housing finance agencies,
State community and/or economic development agencies, local rural
nonprofits and community development corporations to support innovative
housing and economic development activities in rural areas: Provided,
That of the total amount made available under this heading, not less
than $5,000,000 shall be made available to promote economic development
and entrepreneurship for federally recognized Indian Tribes, through
activities including the capitalization of revolving loan programs and
business planning and development, funding is also made available for
technical assistance to increase capacity through training and outreach
activities.
[[Page 123 STAT. 959]]
Community Development Fund
(including transfer of funds)
For assistance to units of State and local government, and to other
entities, for economic and community development activities, and for
other purposes, $3,900,000,000, to remain available until September 30,
2011, unless otherwise specified: Provided, That of the total amount
provided, $3,641,966,875 is for carrying out the community development
block grant program under title I of the Housing and Community
Development Act of 1974, as amended (the ``Act'' herein) (42 U.S.C. 5301
et seq.): Provided further, That unless explicitly provided for under
this heading (except for planning grants provided in the second
paragraph and amounts made available under the third paragraph), not to
exceed 20 percent of any grant made with funds appropriated under this
heading shall be expended for planning and management development and
administration: Provided further, That of the total amount made
available under this heading, not to exceed $3,175,000 may be
transferred to the Working Capital Fund: Provided further, That
$5,000,000 is for technical assistance as authorized by section
107(b)(4) of such Act: Provided further, That $65,000,000 shall be for
grants to Indian tribes notwithstanding section 106(a)(1) of such Act,
of which, notwithstanding any other provision of law (including section
204 of this Act), up to $3,960,000 may be used for emergencies that
constitute imminent threats to health and safety.
Of the amount made available under this heading, $165,311,875 shall
be available for grants for the Economic Development Initiative (EDI) to
finance a variety of targeted economic investments in accordance with
the terms and conditions specified in the explanatory statement
accompanying this Act: Provided, That none of the funds provided under
this paragraph may be used for program operations: Provided further,
That, for fiscal years 2007, 2008 and 2009, no unobligated funds for EDI
grants may be used for any purpose except acquisition, planning, design,
purchase of equipment, revitalization, redevelopment or construction.
Of the amount made available under this heading, $19,546,250 shall
be available for neighborhood initiatives that are utilized to improve
the conditions of distressed and blighted areas and neighborhoods, to
stimulate investment, economic diversification, and community
revitalization in areas with population outmigration or a stagnating or
declining economic base, or to determine whether housing benefits can be
integrated more effectively with welfare reform initiatives: Provided,
That amounts made available under this paragraph shall be provided in
accordance with the terms and conditions specified in the explanatory
statement accompanying this Act.
The referenced statement of managers under this heading in title III
of division A of Public Law 109-115 is deemed to be amended with respect
to item number 889 by striking ``Perry County, Pennsylvania to develop
an industrial park in New Bloomfield'' and inserting ``Perry County,
Pennsylvania to develop an industrial park in Penn Township/Duncannon''.
The referenced statement of managers under the heading ``Community
Planning and Development'' in title II of division K of Public Law 110-
161 is deemed to be amended by striking: ``Golden Castings Foundry
Demolition and Site Remediation Project
[[Page 123 STAT. 960]]
to raze and remediate the site of the former Golden Castings Foundry for
the demolition and environmental remediation costs of the Golden
Castings foundry site'' and inserting ``To remediate the former site of
the Columbus Wood Treating Plant in Columbus, Indiana''.
The referenced explanatory statement under this heading in Public
Law 110-161 is deemed to be amended with respect to the fourth item
included in the table found on page 2439 with respect to amounts made
available for the Springfield Boys and Girls Club by striking
``Springfield Boys and Girls Club; Community Center; Springfield, IL;
Planning, development, land acquisition, and construction costs for a
new community center in Springfield.'' and inserting ``City of
Springfield for capital costs associated with the Edwin Watts Southwind
Park''.
The referenced statement of managers under the heading ``Community
Development Fund'' in title II of division K of Public Law 110-161 is
deemed to be amended by striking: ``City of Charlotte, NC for land
acquisition in the development of the Belvedere Business Park'' and
inserting ``City of Charlotte, NC for development of the Belvedere
Business Park''.
Community Development Loan Guarantees Program Account
For the cost of guaranteed loans, $6,000,000, to remain available
until September 30, 2010, as authorized by section 108 of the Housing
and Community Development Act of 1974 (42 U.S.C. 5308): Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize total loan
principal, any part of which is to be guaranteed, not to exceed
$275,000,000, notwithstanding any aggregate limitation on outstanding
obligations guaranteed in section 108(k) of the Housing and Community
Development Act of 1974, as amended.
brownfields redevelopment
For competitive economic development grants, as authorized by
section 108(q) of the Housing and Community Development Act of 1974, as
amended, for Brownfields redevelopment projects, $10,000,000, to remain
available until September 30, 2010: Provided, That no funds made
available under this heading may be used to establish loan loss reserves
for the section 108 Community Development Loan Guarantee program.
HOME Investment Partnerships Program
(including transfer of funds)
For the HOME investment partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act, as
amended, $1,825,000,000, to remain available until September 30, 2011,
of which not to exceed $4,200,000 may be transferred to the Working
Capital Fund: Provided, That up to $12,000,000 shall be available for
technical assistance: Provided further, That, in prior appropriations
Acts for Community Housing Development Organizations technical
assistance, and that still
[[Page 123 STAT. 961]]
remain available, may be used for HOME technical assistance
notwithstanding the purposes for which such amounts were appropriated.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity Program, as
authorized under section 11 of the Housing Opportunity Program Extension
Act of 1996, as amended, $64,000,000 to remain available until September
30, 2011: Provided, That of the total amount provided under this
heading, $26,500,000 shall be made available to the Self-Help and
Assisted Homeownership Opportunity Program as authorized under section
11 of the Housing Opportunity Program Extension Act of 1996, as amended:
Provided further, That $34,000,000 shall be made available for the
second, third and fourth capacity building activities authorized under
section 4(a) of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note),
of which not less than $5,000,000 may be made available for rural
capacity building activities: Provided further, That $3,500,000 shall be
made available for capacity building activities as authorized in
sections 6301 through 6305 of Public Law 110-246.
Homeless Assistance Grants
(including transfer of funds)
For the emergency shelter grants program as authorized under
subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, as
amended; the supportive housing program as authorized under subtitle C
of title IV of such Act; the section 8 moderate rehabilitation single
room occupancy program as authorized under the United States Housing Act
of 1937, as amended, to assist homeless individuals pursuant to section
441 of the McKinney-Vento Homeless Assistance Act; and the shelter plus
care program as authorized under subtitle F of title IV of such Act,
$1,677,000,000, of which $1,672,000,000 shall remain available until
September 30, 2011, and of which $5,000,000 shall remain available until
expended for rehabilitation projects with 10-year grant terms: Provided,
That of the amount provided, $10,000,000 shall be made available to
conduct a demonstration program on the prevention of homelessness among
the Nation's veterans: Provided further, That the Secretary shall work
in coordination with the Department of Veterans Affairs and the
Department of Labor to select a limited number of urban and rural sites
in which to carry out this demonstration: Provided further, That in
selecting sites, the Secretary shall evaluate the rate of homelessness
among veterans in the area, and the experience of the grantees in
coordinating with Department of Veterans Affairs and the Department of
Labor to enable veterans to access mainstream programs: Provided
further, That of the sites selected, up to three shall have a high
number of service members separating from the military and transitioning
into civilian life: Provided further, That the Secretary shall also
select up to four sites located in rural areas to evaluate how to
effectively serve veterans in rural areas, many of whom may have been
part of the National Guard, may have limited access to the Department of
Veterans Affairs medical centers, and may have dependent family members:
Provided further, That funding made available under this demonstration
shall be available for housing
[[Page 123 STAT. 962]]
and appropriate services to prevent veterans and their families from
becoming homeless or reduce the length of time veterans and their
families are homeless: Provided further, That of the amounts made
available under this heading, not to exceed $750,000 may be available
for an evaluation of this demonstration: Provided further, That not less
than 30 percent of funds made available, excluding amounts provided for
renewals under the shelter plus care program, shall be used for
permanent housing for individuals and families: Provided further, That
all funds awarded for services shall be matched by not less than 25
percent in funding by each grantee: Provided further, That for all match
requirements applicable to funds made available under this heading for
this fiscal year and prior years, a grantee may use (or could have used)
as a source of match funds other funds administered by the Secretary and
other Federal agencies unless there is (or was) a specific statutory
prohibition on any such use of any such funds: Provided further,
That <<NOTE: Contracts.>> the Secretary shall renew on an annual basis
expiring contracts or amendments to contracts funded under the shelter
plus care program if the program is determined to be needed under the
applicable continuum of care and meets appropriate program requirements
and financial standards, as determined by the Secretary: Provided
further, That all awards of assistance under this heading shall be
required to coordinate and integrate homeless programs with other
mainstream health, social services, and employment programs for which
homeless populations may be eligible, including Medicaid, State
Children's Health Insurance Program, Temporary Assistance for Needy
Families, Food Stamps, and services funding through the Mental Health
and Substance Abuse Block Grant, Workforce Investment Act, and the
Welfare-to-Work grant program: Provided further, That up to $8,000,000
of the funds appropriated under this heading shall be available for the
national homeless data analysis project and technical assistance:
Provided further, That of the total amount made available under this
heading, not to exceed $2,675,000 may be transferred to the Working
Capital Fund: Provided further, That $3,000,000 of the funds
appropriated under this heading shall be used to conduct research on
homeless issues, including homeless prevention and youth homelessness:
Provided further, That all balances for Shelter Plus Care renewals
previously funded from the Shelter Plus Care Renewal account and
transferred to this account shall be available, if recaptured, for
Shelter Plus Care renewals in fiscal year 2009: Provided further, That
this heading in the Department of Housing and Urban Development
Appropriations Act, 2008 <<NOTE: 122 Stat. 2423.>> is amended by
inserting the following new proviso after the third proviso: ``Provided
further, That the Secretary may renew grants made under this
demonstration program and may treat such original grants and any such
renewal grants as if these grants were made under the supportive housing
program:''.
Housing Programs
Project-Based Rental Assistance
(including transfer of funds)
For activities and assistance for the provision of project-based
subsidy contracts under the United States Housing Act of 1937 (42 U.S.C.
1437 et seq.) (``the Act''), not otherwise provided for,
[[Page 123 STAT. 963]]
$7,100,000,000, to remain available until expended, shall be available
on October 1, 2008, and $400,000,000, to remain available until
expended, shall be available on October 1, 2009: Provided, That the
amounts made available under this heading are provided as follows:
(1) $6,868,000,000 shall be available for expiring or
terminating section 8 project-based subsidy contracts (including
section 8 moderate rehabilitation contracts), for amendments to
section 8 project-based subsidy contracts (including section 8
moderate rehabilitation contracts), for contracts entered into
pursuant to section 441 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11401), for renewal of section 8
contracts for units in projects that are subject to approved
plans of action under the Emergency Low Income Housing
Preservation Act of 1987 or the Low-Income Housing Preservation
and Resident Homeownership Act of 1990, and for administrative
and other expenses associated with project-based activities and
assistance funded under this paragraph.
(2) Up to $232,000,000 shall be available for performance-
based contract administrators for section 8 project-based
assistance: Provided, That the Secretary of Housing and Urban
Development may also use such amounts for performance-based
contract administrators for the administration of: interest
reduction payments pursuant to section 236(a) of the National
Housing Act (12 U.S.C. 1715z-1(a)); rent supplement payments
pursuant to section 101 of the Housing and Urban Development Act
of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental assistance
payments (12 U.S.C. 1715z-1(f)(2)); project rental assistance
contracts for the elderly under section 202(c)(2) of the Housing
Act of 1959 (12 U.S.C. 1701q); project rental assistance
contracts for supportive housing for persons with disabilities
under section 811(d)(2) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013(d)(2)); project
assistance contracts pursuant to section 202(h) of the Housing
Act of 1959 (Public Law 86-372; 73 Stat. 667); and loans under
section 202 of the Housing Act of 1959 (Public Law 86-372; 73
Stat. 667).
(3) Not to exceed $10,000,000 provided under this heading
may be transferred to the Working Capital Fund.
(4) Amounts recaptured under this heading, the heading
``Annual Contributions for Assisted Housing'', or the heading
``Housing Certificate Fund'' may be used for renewals of or
amendments to section 8 project-based contracts or for
performance-based contract administrators, notwithstanding the
purposes for which such amounts were appropriated.
Housing for the Elderly
(including transfer of funds)
For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by section 202 of
the Housing Act of 1959, as amended, and for project rental assistance
for the elderly under section 202(c)(2) of such Act, including
amendments to contracts for such assistance and renewal of expiring
contracts for such assistance for up to a 1-year term, and for
supportive services associated with the housing, $765,000,000, to remain
available until September 30, 2012, of which up to $626,400,000 shall be
for capital advance and project-
[[Page 123 STAT. 964]]
based rental assistance awards: Provided, That, of the amount provided
under this heading, up to $90,000,000 shall be for service coordinators
and the continuation of existing congregate service grants for residents
of assisted housing projects, and of which up to $25,000,000 shall be
for grants under section 202b of the Housing Act of 1959 (12 U.S.C.
1701q-2) for conversion of eligible projects under such section to
assisted living or related use and for substantial and emergency capital
repairs as determined by the Secretary: Provided further, That of the
amount made available under this heading, $20,000,000 shall be available
to the Secretary of Housing and Urban Development only for making
competitive grants to private nonprofit organizations and consumer
cooperatives for covering costs of architectural and engineering work,
site control, and other planning relating to the development of
supportive housing for the elderly that is eligible for assistance under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q): Provided
further, That amounts under this heading shall be available for Real
Estate Assessment Center inspections and inspection-related activities
associated with section 202 capital advance projects: Provided further,
That up to $2,000,000 of the total amount made available under this
heading shall be for technical assistance to improve grant applications
and to facilitate the development of housing for the elderly under
section 202 of the Housing Act of 1959, and supportive housing for
persons with disabilities under section 811 of the Cranston-Gonzales
National Affordable Housing Act: Provided further, That of the total
amount made available under this heading, not to exceed $1,600,000 may
be transferred to the Working Capital Fund: <<NOTE: Waiver authority.>>
Provided further, That the Secretary may waive the provisions of section
202 governing the terms and conditions of project rental assistance,
except that the initial contract term for such assistance shall not
exceed 5 years in duration.
Housing for Persons With Disabilities
(including transfer of funds)
For capital advance contracts, including amendments to capital
advance contracts, for supportive housing for persons with disabilities,
as authorized by section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013), for project rental assistance
for supportive housing for persons with disabilities under section
811(d)(2) of such Act, including amendments to contracts for such
assistance and renewal of expiring contracts for such assistance for up
to a 1-year term, and for supportive services associated with the
housing for persons with disabilities as authorized by section 811(b)(1)
of such Act, and for tenant-based rental assistance contracts entered
into pursuant to section 811 of such Act, $250,000,000, of which up to
$161,300,000 shall be for capital advances and project-based rental
assistance contracts, to remain available until September 30, 2012:
Provided, That of the total amount made available under this heading,
not to exceed $1,600,000 may be transferred to the Working Capital Fund:
Provided further, That, of the amount provided under this heading,
$87,100,000 shall be for amendments or renewal of tenant-based
assistance contracts entered into prior to fiscal year 2005 (only one
amendment authorized for any such contract): Provided further, That all
tenant-based assistance made available under this heading shall continue
to remain available only to persons with disabilities: <<NOTE: Waiver
authority.>> Provided further,
[[Page 123 STAT. 965]]
That the Secretary may waive the provisions of section 811 governing the
terms and conditions of project rental assistance and tenant-based
assistance, except that the initial contract term for such assistance
shall not exceed 5 years in duration: <<NOTE: Inspections.>> Provided
further, That amounts made available under this heading shall be
available for Real Estate Assessment Center inspections and inspection-
related activities associated with section 811 Capital Advance Projects.
Housing Counseling Assistance
For contracts, grants, and other assistance excluding loans, as
authorized under section 106 of the Housing and Urban Development Act of
1968, as amended, $65,000,000, including up to $2,000,000 for
administrative contract services, to remain available until September
30, 2010: Provided, That funds shall be used for providing counseling
and advice to tenants and homeowners, both current and prospective, with
respect to property maintenance, financial management/literacy, and such
other matters as may be appropriate to assist them in improving their
housing conditions, meeting their financial needs, and fulfilling the
responsibilities of tenancy or homeownership; for program
administration; and for housing counselor training.
other assisted housing programs
rental housing assistance
For amendments to contracts under section 101 of the Housing and
Urban Development Act of 1965 (12 U.S.C. 1701s) and section 236(f)(2) of
the National Housing Act (12 U.S.C. 1715z-1) in State-aided, non-insured
rental housing projects, $27,600,000, to remain available until
expended.
Rent Supplement
(rescission)
Of the amounts recaptured from terminated contracts under section
101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s)
and section 236 of the National Housing Act (12 U.S.C. 1715z-1)
$37,600,000 are rescinded.
Payment to Manufactured Housing Fees Trust Fund
For necessary expenses as authorized by the National Manufactured
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et
seq.), up to $16,000,000, to remain available until expended, of which
$10,600,000 is to be derived from the Manufactured Housing Fees Trust
Fund: Provided, That not to exceed the total amount appropriated under
this heading shall be available from the general fund of the Treasury to
the extent necessary to incur obligations and make expenditures pending
the receipt of collections to the Fund pursuant to section 620 of such
Act: Provided further, That the amount made available under this heading
from the general fund shall be reduced as such collections are received
during fiscal year 2009 so as to result in a final fiscal year 2009
appropriation from the general fund estimated at not more than
$5,400,000 and fees pursuant to such section
[[Page 123 STAT. 966]]
620 shall be modified as necessary to ensure such a final fiscal year
2009 appropriation: Provided further, That for the dispute resolution
and installation programs, the Secretary of Housing and Urban
Development may assess and collect fees from any program participant:
Provided further, That such collections shall be deposited into the
Fund, and the Secretary, as provided herein, may use such collections,
as well as fees collected under section 620, for necessary expenses of
such Act: Provided further, That notwithstanding the requirements of
section 620 of such Act, the Secretary may carry out responsibilities of
the Secretary under such Act through the use of approved service
providers that are paid directly by the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
(including transfers of funds)
During fiscal year 2009, commitments to guarantee single family
loans insured under the Mutual Mortgage Insurance Fund shall not exceed
a loan principal of $315,000,000,000. During fiscal year 2009,
obligations to make direct loans to carry out the purposes of section
204(g) of the National Housing Act, as amended, shall not exceed
$50,000,000: Provided, That the foregoing amount shall be for loans to
nonprofit and governmental entities in connection with sales of single
family real properties owned by the Secretary and formerly insured under
the Mutual Mortgage Insurance Fund. For administrative contract
expenses, $116,000,000, of which at least $46,794,000 shall, and up to
$58,492,500 may, be transferred to the Working Capital Fund, and of
which up to $7,500,000 shall be for education and outreach of FHA single
family loan products: Provided further, That to the extent guaranteed
loan commitments exceed $65,500,000,000 on or before April 1, 2009, an
additional $1,400 for administrative contract expenses shall be
available for each $1,000,000 in additional guaranteed loan commitments
(including a pro rata amount for any amount below $1,000,000), but in no
case shall funds made available by this proviso exceed $30,000,000.
general and special risk program account
For the cost of guaranteed loans, as authorized by sections 238 and
519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c), including
the cost of loan guarantee modifications, as that term is defined in
section 502 of the Congressional Budget Act of 1974, as amended,
$8,600,000, to remain available until expended: Provided, That
commitments to guarantee loans shall not exceed $45,000,000,000 in total
loan principal, any part of which is to be guaranteed. Gross obligations
for the principal amount of direct loans, as authorized by sections
204(g), 207(l), 238, and 519(a) of the National Housing Act, shall not
exceed $50,000,000, of which not to exceed $30,000,000 shall be for
bridge financing in connection with the sale of multifamily real
properties owned by the Secretary and formerly insured under such Act;
and of which not to exceed $20,000,000 shall be for loans to nonprofit
and governmental entities in connection with the sale of single-family
real properties owned by the Secretary and formerly
[[Page 123 STAT. 967]]
insured under such Act. For administrative contract expenses necessary
to carry out the guaranteed and direct loan programs, $48,871,000, of
which at least $47,871,000 shall be for administrative contracts and up
to $1,000,000 shall be for consumer education and outreach for FHA loan
products.
Government National Mortgage Association
Guarantees of Mortgage-Backed Securities Loan Guarantee Program Account
New commitments to issue guarantees to carry out the purposes of
section 306 of the National Housing Act, as amended (12 U.S.C. 1721(g)),
shall not exceed $300,000,000,000, to remain available until September
30, 2010: Provided, That to the extent new guarantees of mortgage-backed
securities exceed $75,000,000,000 on or before April 1, 2009, an
additional $1,000 for administrative contract expenses shall be
available for each $1,000,000 in additional guaranteed loan commitments
(including a pro rata amount for any amount below $1,000,000) but in no
case shall funds made available by this proviso exceed $14,000,000.
Policy Development and Research
Research and Technology
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing and
Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including
carrying out the functions of the Secretary of Housing and Urban
Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of
1968, $58,000,000, to remain available until September 30, 2010:
Provided, That of the funds made available under this heading,
$23,000,000 is for grants pursuant to section 107 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5307): Provided further,
That at least $1,000,000 shall be available for the Secretary to conduct
a comprehensive study to be managed by the Office of Policy Development
and Research, to analyze the administrative costs necessary to carry-out
the tenant-based voucher program: Provided further, That of the total
amount made available, $2,000,000 may be made available for technology
directly related to disaster prone areas.
Fair Housing and Equal Opportunity
Fair Housing Activities
For contracts, grants, and other assistance, not otherwise provided
for, as authorized by title VIII of the Civil Rights Act of 1968, as
amended by the Fair Housing Amendments Act of 1988, and section 561 of
the Housing and Community Development Act of 1987, as amended,
$53,500,000, to remain available until September 30, 2010, of which
$27,500,000 shall be to carry out activities pursuant to such section
561 of which up to $2,000,000 shall be made available to carryout
authorized activities to protect the public from mortgage rescue scams:
Provided, That notwithstanding 31 U.S.C. 3302, the Secretary may assess
and collect fees to cover the costs of the Fair Housing Training
Academy, and may use
[[Page 123 STAT. 968]]
such funds to provide such training: <<NOTE: Lobbying.>> Provided
further, That no funds made available under this heading shall be used
to lobby the executive or legislative branches of the Federal Government
in connection with a specific contract, grant or loan: Provided further,
That of the funds made available under this heading, $500,000 shall be
available to the Secretary of Housing and Urban Development for the
creation and promotion of translated materials and other programs that
support the assistance of persons with limited English proficiency in
utilizing the services provided by the Department of Housing and Urban
Development.
Office of Healthy Homes and Lead Hazard Control
Lead Hazard Reduction
For the Lead Hazard Reduction Program, as authorized by section 1011
of the Residential Lead-Based Paint Hazard Reduction Act of 1992,
$140,000,000, to remain available until September 30, 2010, of which not
less than $14,600,000 shall be for the Healthy Homes Initiative,
pursuant to sections 501 and 502 of the Housing and Urban Development
Act of 1970 that shall include research, studies, testing, and
demonstration efforts, including education and outreach concerning lead-
based paint poisoning and other housing-related diseases and hazards:
Provided, That for purposes of environmental review, pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
other provisions of law that further the purposes of such Act, a grant
under the Healthy Homes Initiative, Operation Lead Elimination Action
Plan (LEAP), or the Lead Technical Studies program under this heading or
under prior appropriations Acts for such purposes under this heading,
shall be considered to be funds for a special project for purposes of
section 305(c) of the Multifamily Housing Property Disposition Reform
Act of 1994: Provided further, That of the total amount made available
under this heading, $48,000,000 shall be made available on a competitive
basis for areas with the highest lead paint abatement needs: Provided
further, That each recipient of funds provided under the second proviso
shall make a matching contribution in an amount not less than 25
percent: <<NOTE: Waiver authority.>> Provided further, That the
Secretary may waive the matching requirement cited in the preceding
proviso on a case by case basis if the Secretary determines that such a
waiver is necessary to advance the purposes of this
program: <<NOTE: Plan. Notice.>> Provided further, That each applicant
shall submit a detailed plan and strategy that demonstrates adequate
capacity that is acceptable to the Secretary to carry out the proposed
use of funds pursuant to a notice of funding availability: Provided
further, That amounts made available under this heading in prior
appropriations Acts, and that still remain available, may be used for
any purpose under this heading notwithstanding the purpose for which
such amounts were appropriated: Provided further, That of the total
amount made available under this heading, $250,000 shall be allocated
through the Office of Healthy Homes and Lead Hazard Control to conduct
communications and outreach to potential applicants to the Lead Hazard
Reduction Demonstration Grant program.
[[Page 123 STAT. 969]]
Management and Administration
working capital fund
For additional capital for the Working Capital Fund (42 U.S.C. 3535)
for the development of, modifications to, and infrastructure for
Department-wide information technology systems, for the continuing
operation and maintenance of both Department-wide and program-specific
information systems, and for program-related development activities,
$224,000,000, to remain available until September 30, 2010, of which not
less than $4,000,000 shall be used for planning for modernizing,
improving and maintaining information technology applications and
infrastructure supporting the FHA: Provided, That any amounts
transferred to this Fund under this Act shall remain available until
expended: Provided further, That any amounts transferred to this Fund
from amounts appropriated by previously enacted appropriations Acts or
from within this Act may be used only for the purposes specified under
this Fund, in addition to the purposes for which such amounts were
appropriated: Provided further, That up to $15,000,000 may be
transferred to this account from all other accounts in this title
(except for the Office of the Inspector General account) that make funds
available for salaries and expenses.
Office of Inspector General
For necessary salaries and expenses of the Office of Inspector
General in carrying out the Inspector General Act of 1978, as amended,
$120,000,000: Provided, That the Inspector General shall have
independent authority over all personnel issues within this office.
General Provisions--Department of Housing and Urban Development
(including rescission of funds)
Sec. 201. Fifty percent of the amounts of budget authority, or in
lieu thereof 50 percent of the cash amounts associated with such budget
authority, that are recaptured from projects described in section
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of
1988 (42 U.S.C. 1437 note) shall be rescinded or in the case of cash,
shall be remitted to the Treasury, and such amounts of budget authority
or cash recaptured and not rescinded or remitted to the Treasury shall
be used by State housing finance agencies or local governments or local
housing agencies with projects approved by the Secretary of Housing and
Urban Development for which settlement occurred after January 1, 1992,
in accordance with such section. Notwithstanding the previous sentence,
the Secretary may award up to 15 percent of the budget authority or cash
recaptured and not rescinded or remitted to the Treasury to provide
project owners with incentives to refinance their project at a lower
interest rate.
Sec. 202. None of the amounts made available under this Act may be
used during fiscal year 2009 to investigate or prosecute under the Fair
Housing Act any otherwise lawful activity engaged in by one or more
persons, including the filing or maintaining of a non-frivolous legal
action, that is engaged in solely for the
[[Page 123 STAT. 970]]
purpose of achieving or preventing action by a Government official or
entity, or a court of competent jurisdiction.
Sec. 203. <<NOTE: Grants. AIDS.>> (a) Notwithstanding section
854(c)(1)(A) of the AIDS Housing Opportunity Act (42 U.S.C.
12903(c)(1)(A)), from any amounts made available under this title for
fiscal year 2009 that are allocated under such section, the Secretary of
Housing and Urban Development shall allocate and make a grant, in the
amount determined under subsection (b), for any State that--
(1) received an allocation in a prior fiscal year under
clause (ii) of such section; and
(2) is not otherwise eligible for an allocation for fiscal
year 2009 under such clause (ii) because the areas in the State
outside of the metropolitan statistical areas that qualify under
clause (i) in fiscal year 2009 do not have the number of cases
of acquired immunodeficiency syndrome (AIDS) required under such
clause.
(b) The amount of the allocation and grant for any State described
in subsection (a) shall be an amount based on the cumulative number of
AIDS cases in the areas of that State that are outside of metropolitan
statistical areas that qualify under clause (i) of such section
854(c)(1)(A) in fiscal year 2009, in proportion to AIDS cases among
cities and States that qualify under clauses (i) and (ii) of such
section and States deemed eligible under subsection (a).
(c) Notwithstanding <<NOTE: New Jersey.>> any other provision of
law, the amount allocated for fiscal year 2009 under section 854(c) of
the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of
New York, New York, on behalf of the New York-Wayne-White Plains, New
York-New Jersey Metropolitan Division (hereafter ``metropolitan
division'') of the New York-Newark-Edison, NY-NJ-PA Metropolitan
Statistical Area, shall be adjusted by the Secretary of Housing and
Urban Development by: (1) allocating to the City of Jersey City, New
Jersey, the proportion of the metropolitan area's or division's amount
that is based on the number of cases of AIDS reported in the portion of
the metropolitan area or division that is located in Hudson County, New
Jersey, and adjusting for the proportion of the metropolitan division's
high incidence bonus if this area in New Jersey also has a higher than
average per capita incidence of AIDS; and (2) allocating to the City of
Paterson, New Jersey, the proportion of the metropolitan area's or
division's amount that is based on the number of cases of AIDS reported
in the portion of the metropolitan area or division that is located in
Bergen County and Passaic County, New Jersey, and adjusting for the
proportion of the metropolitan division's high incidence bonus if this
area in New Jersey also has a higher than average per capita incidence
of AIDS. The recipient cities shall use amounts allocated under this
subsection to carry out eligible activities under section 855 of the
AIDS Housing Opportunity Act (42 U.S.C. 12904) in their respective
portions of the metropolitan division that is located in New Jersey.
(d) Notwithstanding any other provision of law, the amount allocated
for fiscal year 2009 under section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)) to areas with a higher than average
per capita incidence of AIDS, shall be adjusted by the Secretary on the
basis of area incidence reported over a 3 year period.
[[Page 123 STAT. 971]]
Sec. 204. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title II of
this Act shall be made on a competitive basis and in accordance with
section 102 of the Department of Housing and Urban Development Reform
Act of 1989 (42 U.S.C. 3545).
Sec. 205. Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act or section 402 of the
Housing Act of 1950 shall be available, without regard to the
limitations on administrative expenses, for legal services on a contract
or fee basis, and for utilizing and making payment for services and
facilities of the Federal National Mortgage Association, Government
National Mortgage Association, Federal Home Loan Mortgage Corporation,
Federal Financing Bank, Federal Reserve banks or any member thereof,
Federal Home Loan banks, and any insured bank within the meaning of the
Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811-
1831).
Sec. 206. Unless otherwise provided for in this Act or through a
reprogramming of funds, no part of any appropriation for the Department
of Housing and Urban Development shall be available for any program,
project or activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 207. Corporations and agencies of the Department of Housing and
Urban Development which are subject to the Government Corporation
Control Act, are hereby authorized to make such expenditures, within the
limits of funds and borrowing authority available to each such
corporation or agency and in accordance with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in carrying out
the programs set forth in the budget for 2009 for such corporation or
agency except as hereinafter provided: Provided, That collections of
these corporations and agencies may be used for new loan or mortgage
purchase commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of assistance
provided for in this or prior appropriations Acts), except that this
proviso shall not apply to the mortgage insurance or guaranty operations
of these corporations, or where loans or mortgage purchases are
necessary to protect the financial interest of the United States
Government.
Sec. 208. <<NOTE: Budget estimate.>> None of the funds provided in
this title for technical assistance, training, or management
improvements may be obligated or expended unless the Secretary of
Housing and Urban Development provides to the Committees on
Appropriations a description of each proposed activity and a detailed
budget estimate of the costs associated with each program, project or
activity as part of the Budget Justifications. <<NOTE: Deadline.>> For
fiscal year 2009, the Secretary shall transmit this information to the
Committees by March 15, 2009 for 30 days of review.
Sec. 209. <<NOTE: Reports. Deadline. Budget.>> The Secretary of
Housing and Urban Development shall provide quarterly reports to the
House and Senate Committees on Appropriations regarding all uncommitted,
unobligated, recaptured and excess funds in each program and activity
within the jurisdiction of the Department and shall submit additional,
updated budget information to these Committees upon request.
Sec. 210. <<NOTE: AIDS. New Jersey.>> (a) Notwithstanding any other
provision of law, the amount allocated for fiscal year 2009 under
section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)),
to the City
[[Page 123 STAT. 972]]
of Wilmington, Delaware, on behalf of the Wilmington, Delaware-Maryland-
New Jersey Metropolitan Division (hereafter ``metropolitan division''),
shall be adjusted by the Secretary of Housing and Urban Development by
allocating to the State of New Jersey the proportion of the metropolitan
division's amount that is based on the number of cases of AIDS reported
in the portion of the metropolitan division that is located in New
Jersey, and adjusting for the proportion of the metropolitan division's
high incidence bonus if this area in New Jersey also has a higher than
average per capita incidence of AIDS. The State of New Jersey shall use
amounts allocated to the State under this subsection to carry out
eligible activities under section 855 of the AIDS Housing Opportunity
Act (42 U.S.C. 12904) in the portion of the metropolitan division that
is located in New Jersey.
(b) Notwithstanding <<NOTE: North Carolina.>> any other provision
of law, the Secretary of Housing and Urban Development shall allocate to
Wake County, North Carolina, the amounts that otherwise would be
allocated for fiscal year 2009 under section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)) to the City of Raleigh, North
Carolina, on behalf of the Raleigh-Cary, North Carolina Metropolitan
Statistical Area. Any amounts allocated to Wake County shall be used to
carry out eligible activities under section 855 of such Act (42 U.S.C.
12904) within such metropolitan statistical area.
(c) Notwithstanding section 854(c) of the AIDS Housing Opportunity
Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban Development
may adjust the allocation of the amounts that otherwise would be
allocated for fiscal year 2009 under section 854(c) of such Act, upon
the written request of an applicant, in conjunction with the State(s),
for a formula allocation on behalf of a metropolitan statistical area,
to designate the State or States in which the metropolitan statistical
area is located as the eligible grantee(s) of the allocation. In the
case that a metropolitan statistical area involves more than one State,
such amounts allocated to each State shall be in proportion to the
number of cases of AIDS reported in the portion of the metropolitan
statistical area located in that State. Any amounts allocated to a State
under this section shall be used to carry out eligible activities within
the portion of the metropolitan statistical area located in that State.
Sec. 211. <<NOTE: Budget.>> The President's formal budget request
for fiscal year 2010, as well as the Department of Housing and Urban
Development's congressional budget justifications to be submitted to the
Committees on Appropriations of the House of Representatives and the
Senate, shall use the identical account and sub-account structure
provided under this Act.
Sec. 212. <<NOTE: State listing.>> A public housing agency or such
other entity that administers Federal housing assistance for the Housing
Authority of the county of Los Angeles, California, the States of
Alaska, Iowa, and Mississippi shall not be required to include a
resident of public housing or a recipient of assistance provided under
section 8 of the United States Housing Act of 1937 on the board of
directors or a similar governing board of such agency or entity as
required under section (2)(b) of such Act. <<NOTE: Establishment.>>
Each public housing agency or other entity that administers Federal
housing assistance under section 8 for the Housing Authority of the
county of Los Angeles, California and the States of Alaska, Iowa and
Mississippi that chooses not to include a resident of Public Housing or
a recipient
[[Page 123 STAT. 973]]
of section 8 assistance on the board of directors or a similar governing
board shall establish an advisory board of not less than six residents
of public housing or recipients of section 8 assistance to provide
advice and comment to the public housing agency or other administering
entity on issues related to public housing and section 8. Such advisory
board shall meet not less than quarterly.
Sec. 213. (a) <<NOTE: Transfer authority.>> Notwithstanding any
other provision of law, subject to the conditions listed in subsection
(b), for fiscal years 2008 and 2009, the Secretary of Housing and Urban
Development may authorize the transfer of some or all project-based
assistance, debt and statutorily required low-income and very low-income
use restrictions, associated with one or more multifamily housing
project to another multifamily housing project or projects.
(b) The transfer authorized in subsection (a) is subject to the
following conditions:
(1) The number of low-income and very low-income units and
the net dollar amount of Federal assistance provided by the
transferring project shall remain the same in the receiving
project or projects.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically non-
viable.
(3) The <<NOTE: Standards.>> receiving project or projects
shall meet or exceed applicable physical standards established
by the Secretary.
(4) The <<NOTE: Notification. Certification.>> owner or
mortgagor of the transferring project shall notify and consult
with the tenants residing in the transferring project and
provide a certification of approval by all appropriate local
governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving project
or projects shall not be required to vacate their units in the
transferring project or projects until new units in the
receiving project are available for occupancy.
(6) The Secretary determines that this transfer is in the
best interest of the tenants.
(7) If either the transferring project or the receiving
project or projects meets the condition specified in subsection
(c)(2)(A), any lien on the receiving project resulting from
additional financing obtained by the owner shall be subordinate
to any FHA-insured mortgage lien transferred to, or placed on,
such project by the Secretary.
(8) If the transferring project meets the requirements of
subsection (c)(2)(E), the owner or mortgagor of the receiving
project or projects shall execute and record either a
continuation of the existing use agreement or a new use
agreement for the project where, in either case, any use
restrictions in such agreement are of no lesser duration than
the existing use restrictions.
(9) Any financial risk to the FHA General and Special Risk
Insurance Fund, as determined by the Secretary, would be reduced
as a result of a transfer completed under this section.
(10) The Secretary determines that Federal liability with
regard to this project will not be increased.
(c) For <<NOTE: Definitions.>> purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
[[Page 123 STAT. 974]]
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured
under the National Housing Act;
(B) housing that has project-based assistance
attached to the structure including projects undergoing
mark to market debt restructuring under the Multifamily
Assisted Housing Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of
the Housing Act of 1959 as amended by section 801 of the
Cranston-Gonzales National Affordable Housing Act;
(D) housing that is assisted under section 202 of
the Housing Act of 1959, as such section existed before
the enactment of the Cranston-Gonzales National
Affordable Housing Act; or
(E) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the
United States Housing Act of 1937;
(B) assistance for housing constructed or
substantially rehabilitated pursuant to assistance
provided under section 8(b)(2) of such Act (as such
section existed immediately before October 1, 1983);
(C) rent supplement payments under section 101 of
the Housing and Urban Development Act of 1965;
(D) interest reduction payments under section 236
and/or additional assistance payments under section
236(f)(2) of the National Housing Act; and
(E) assistance payments made under section 202(c)(2)
of the Housing Act of 1959;
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all of
the project-based assistance, debt, and statutorily required use
low-income and very low-income restrictions are to be
transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the
project-based assistance, debt and the statutorily required low-
income and very low-income use restrictions to the receiving
project or projects; and
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
Sec. 214. The funds made available for Native Alaskans under the
heading ``Native American Housing Block Grants'' in title III of this
Act shall be allocated to the same Native Alaskan housing block grant
recipients that received funds in fiscal year 2005.
Sec. 215. No funds provided under this title may be used for an
audit of the Government National Mortgage Association that makes
applicable requirements under the Federal Credit Reform Act of 1990 (2
U.S.C. 661 et seq.).
Sec. 216. (a) No assistance shall be provided under section 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437f) to any individual
who--
[[Page 123 STAT. 975]]
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is
defined in section 3(b)(3)(E) of the United States Housing Act
of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance under such section 8 as of November 30, 2005; and
(7) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person to
receive assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts
received for tuition) that an individual receives under the Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or
an institution of higher education (as defined under the Higher
Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to
that individual, except for a person over the age of 23 with dependent
children.
Sec. 217. Notwithstanding the limitation in the first sentence of
section 255(g) of the National Housing Act (12 U.S.C. 1715z-20(g)), the
Secretary of Housing and Urban Development may, until September 30,
2009, insure and enter into commitments to insure mortgages under
section 255 of the National Housing Act (12 U.S.C. 1715z-20).
Sec. 218. Notwithstanding any other provision of law, in fiscal year
2009, in managing and disposing of any multifamily property that is
owned or has a mortgage held by the Secretary of Housing and Urban
Development, the Secretary shall maintain any rental assistance payments
under section 8 of the United States Housing Act of 1937 and other
programs that are attached to any dwelling units in the
property. <<NOTE: Determination. Contracts.>> To the extent the
Secretary determines, in consultation with the tenants and the local
government, that such a multifamily property owned or held by the
Secretary is not feasible for continued rental assistance payments under
such section 8 or other programs, based on consideration of (1) the
costs of rehabilitating and operating the property and all available
Federal, State, and local resources, including rent adjustments under
section 524 of the Multifamily Assisted Housing Reform and Affordability
Act of 1997 (``MAHRAA'') and (2) environmental conditions that cannot be
remedied in a cost-effective fashion, the Secretary may, in consultation
with the tenants of that property, contract for project-based rental
assistance payments with an owner or owners of other existing housing
properties, or provide other rental assistance. The Secretary shall also
take appropriate steps to ensure that project-based contracts remain in
effect prior to foreclosure, subject to the exercise of contractual
abatement remedies to assist relocation of tenants for imminent major
threats to health and safety. After disposition of any multifamily
property described under this section, the contract and allowable rent
levels on such properties shall be subject to the requirements under
section 524 of MAHRAA.
[[Page 123 STAT. 976]]
Sec. 219. During fiscal year 2009, in the provision of rental
assistance under section 8(o) of the United States Housing Act of 1937
(42 U.S.C. 1437f(o)) in connection with a program to demonstrate the
economy and effectiveness of providing such assistance for use in
assisted living facilities that is carried out in the counties of the
State of Michigan notwithstanding paragraphs (3) and (18)(B)(iii) of
such section 8(o), a family residing in an assisted living facility in
any such county, on behalf of which a public housing agency provides
assistance pursuant to section 8(o)(18) of such Act, may be required, at
the time the family initially receives such assistance, to pay rent in
an amount exceeding 40 percent of the monthly adjusted income of the
family by such a percentage or amount as the Secretary of Housing and
Urban Development determines to be appropriate.
Sec. 220. <<NOTE: Reports. Deadline. Contracts.>> The Secretary of
Housing and Urban Development shall report quarterly to the House of
Representatives and Senate Committees on Appropriations on HUD's use of
all sole source contracts, including terms of the contracts, cost, and a
substantive rationale for using a sole source contract.
Sec. 221. Notwithstanding any other provision of law, the recipient
of a grant under section 202b of the Housing Act of 1959 (12 U.S.C.
1701q-2) after December 26, 2000, in accordance with the unnumbered
paragraph at the end of section 202(b) of such Act, may, at its option,
establish a single-asset nonprofit entity to own the project and may
lend the grant funds to such entity, which may be a private nonprofit
organization described in section 831 of the American Homeownership and
Economic Opportunity Act of 2000.
Sec. 222. (a) The amounts provided under the subheading ``Program
Account'' under the heading ``Community Development Loan Guarantees''
may be used to guarantee, or make commitments to guarantee, notes, or
other obligations issued by any State on behalf of non-entitlement
communities in the State in accordance with the requirements of section
108 of the Housing and Community Development Act of 1974: Provided,
That, any State receiving such a guarantee or commitment shall
distribute all funds subject to such guarantee to the units of general
local government in non-entitlement areas that received the commitment.
(b) Not <<NOTE: Deadline. Regulations.>> later than 60 days after
the date of enactment of this Act, the Secretary of Housing and Urban
Development shall promulgate regulations governing the administration of
the funds described under subsection (a).
Sec. 223. Section 24 of the United States Housing Act of 1937 (42
U.S.C. 1437v) is amended--
(1) in subsection (m)(1), by striking ``2003'' and inserting
``2009''; and
(2) in subsection (o), by striking ``September 30, 2007''
and inserting ``September 30, 2009''.
Sec. 224. (a) Required Submissions for Fiscal Years 2008 and 2009.--
(1) In general.--Not <<NOTE: Deadline.>> later than 60 days
after the date of enactment of this Act, the Secretary of
Housing and Urban Development shall submit to the relevant
authorizing committees and to the Committees on Appropriations
of the Senate and the House of Representatives for fiscal years
2008 and 2009--
[[Page 123 STAT. 977]]
(A) a complete and accurate accounting of the actual
project-based renewal costs for project-based assistance
under section 8 of the United States Housing Act of 1937
(42 U.S.C. 1437f);
(B) revised estimates of the funding needed to fully
fund all 12 months of all project-based contracts under
such section 8, including project-based contracts that
expire in fiscal year 2008 and fiscal year 2009; and
(C) all sources of funding that will be used to
fully fund all 12 months of the project-based contracts
for fiscal years 2008 and 2009.
(2) Updated information.--At any time after the expiration
of the 60-day period described in paragraph (1), the Secretary
may submit corrections or updates to the information required
under paragraph (1), if upon completion of an audit of the
project-based assistance program under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f), such audit reveals
additional information that may provide Congress a more complete
understanding of the Secretary's implementation of the project-
based assistance program under such section 8.
(b) Required Submissions for Fiscal Year 2010.--As part of the
Department of Housing and Urban Development's budget request for fiscal
year 2010, the Secretary of Housing and Urban Development shall submit
to the relevant authorizing committees and to the Committees on
Appropriations of the Senate and the House of Representatives complete
and detailed information, including a project-by-project analysis, that
verifies that such budget request will fully fund all project-based
contracts under section 8 of the United States Housing Act of 1937 (42
U.S.C. 1437f) in fiscal year 2010, including expiring project-based
contracts.
Sec. 225. <<NOTE: Exemption.>> Public housing agencies that own and
operate 400 or fewer public housing units may elect to be exempt from
any asset management requirement imposed by the Secretary of Housing and
Urban Development in connection with the operating fund rule: Provided,
That an agency seeking a discontinuance of a reduction of subsidy under
the operating fund formula shall not be exempt from asset management
requirements.
Sec. 226. With <<NOTE: 42 USC 1437g note.>> respect to the use of
amounts provided in this Act and in future Acts for the operation,
capital improvement and management of public housing as authorized by
sections 9(d) and 9(e) of the United States Housing Act of 1937 (42
U.S.C. 1437g(d) and (e)), the Secretary shall not impose any requirement
or guideline relating to asset management that restricts or limits in
any way the use of capital funds for central office costs pursuant to
section 9(g)(1) or 9(g)(2) of the United States Housing Act of 1937 (42
U.S.C. 1437g(g)(1), (2)): Provided, however, that a public housing
agency may not use capital funds authorized under section 9(d) for
activities that are eligible under section 9(e) for assistance with
amounts from the operating fund in excess of the amounts permitted under
section 9(g)(1) or 9(g)(2).
Sec. 227. The <<NOTE: Reports. Deadline.>> Secretary of Housing
and Urban Development shall report quarterly to the House of
Representatives and Senate Committees on Appropriations on the status of
all section 8 project-based housing, including the number of all
project-based units by region as well as an analysis of all federally
subsidized housing being refinanced under the Mark-to-Market program.
The Secretary
[[Page 123 STAT. 978]]
shall in the report identify all existing units maintained by region as
section 8 project-based units and all project-based units that have
opted out of section 8 or have otherwise been eliminated as section 8
project-based units. The Secretary shall identify in detail and by
project all the efforts made by the Department to preserve all section 8
project-based housing units and all the reasons for any units which
opted out or otherwise were lost as section 8 project-based units. Such
analysis shall include a review of the impact of the loss of any
subsidized units in that housing marketplace, such as the impact of cost
and the loss of available subsidized, low-income housing in areas with
scarce housing resources for low-income families.
Sec. 228. Section 683(2) of the Housing and Community Development
Act of 1992 (42 U.S.C. 13641(2)) is amended--
(1) in subparagraph (F), by striking ``and'';
(2) in subparagraph (G) by striking the period at the end
and inserting ``; and''; and
(3) by adding a new subparagraph (H) as follows:
``(H) housing that is assisted under section 811 of
the Cranston-Gonzalez Affording Housing Act (42 U.S.C.
8013).''.
Sec. 229. The Home Investment Partnerships Act (42 U.S.C. 12721 et
seq.) is amended--
(1) in section 233(d)(1) <<NOTE: 42 USC 12773.>> by
striking ``20'' and inserting ``40'';
(2) in section 233(e) by striking ``40'' and inserting
``25'';
(3) in section 243(b), <<NOTE: 42 USC 12783.>> in the
second sentence, by striking ``20'' and inserting ``40''; and
(4) in section 271(i) <<NOTE: 42 USC 12821.>> by striking
``Act after December 31, 2007'' and inserting ``section after
December 31, 2011''.
Sec. 230. <<NOTE: Allotment holder.>> No official or employee of
the Department of Housing and Urban Development shall be designated as
an allotment holder unless the Office of the Chief Financial Officer has
determined that such allotment holder has implemented an adequate system
of funds control and has received training in funds control procedures
and directives. <<NOTE: Deadline. Designation.>> The Chief Financial
Officer shall ensure that, not later than 90 days after the date of
enactment of this Act, a trained allotment holder shall be designated
for each HUD subaccount under the headings ``Executive Direction'' and
``Administration, Operations, and Management'' as well as each account
receiving appropriations for ``personnel compensation and benefits''
within the Department of Housing and Urban Development.
Sec. 231. Payment of attorney fees in program-related litigation
must be paid from individual program office personnel benefits and
compensation funding. The annual budget submission for program office
personnel benefit and compensation funding must include program-related
litigation costs for attorney fees as a separate line item request.
Sec. 232. Of the unobligated balances remaining from funds
appropriated under the heading ``Tenant-Based Rental Assistance'' under
the Department of Housing and Urban Development Appropriations Act,
2008, $750,000,000 are rescinded from the $4,158,000,000 which are
available on October 1, 2008. Such amount shall be derived from
reductions to public housing agencies' calendar year 2009 allocations
based on amounts in public housing agencies' net restricted assets
accounts (in accordance with VMS data in calendar year 2008 that is
verifiable and complete), as determined by the Secretary.
[[Page 123 STAT. 979]]
Sec. 233. The <<NOTE: Notification. Federal Register,
publication. 42 USC 3545a.>> Secretary of the Department of Housing and
Urban Development shall for Fiscal Year 2009 and thereafter, notify the
public through the Federal Register and other means, as determined
appropriate, of the issuance of a notice of the availability of
assistance or notice of funding availability (NOFA) for any program or
discretionary fund administered by the Secretary that is to be
competitively awarded. <<NOTE: Web posting.>> Notwithstanding any other
provision of law, for Fiscal Year 2009 and thereafter, the Secretary may
make the NOFA available only on the Internet at the appropriate
government website or websites or through other electronic media, as
determined by the Secretary.
Sec. 234. Prepayment and Refinancing. (a) Approval of Prepayment of
Debt.--Upon request of the project sponsor of a project assisted with a
loan under section 202 of the Housing Act of 1959 (as in effect before
the enactment of the Cranston-Gonzalez National Affordable Housing Act),
for which the Secretary's consent to prepayment is required, the
Secretary shall approve the prepayment of any indebtedness to the
Secretary relating to any remaining principal and interest under the
loan as part of a prepayment plan under which--
(1) the project sponsor agrees to operate the project until
the maturity date of the original loan under terms at least as
advantageous to existing and future tenants as the terms
required by the original loan agreement or any project-based
rental assistance payments contract under section 8 of the
United States Housing Act of 1937 (or any other project-based
rental housing assistance programs of the Department of Housing
and Urban Development, including the rent supplement program
under section 101 of the Housing and Urban Development Act of
1965 (12 U.S.C. 1701s)) or any successor project-based rental
assistance program, except as provided by subsection (a)(2)(B);
and
(2) the prepayment may involve refinancing of the loan if
such refinancing results --
(A) in a lower interest rate on the principal of the
loan for the project and in reductions in debt service
related to such loan; or
(B) in the case of a project that is assisted with a
loan under such section 202 carrying an interest rate of
6 percent or lower, a transaction under which
(i) the project owner shall address the
physical needs of the project;
(ii) the <<NOTE: Cost analysis.>> prepayment
plan for the transaction, including the
refinancing, shall meet a cost benefit analysis,
as established by the Secretary, that the benefit
of the transaction outweighs the cost of the
transaction including any increases in rent
charged to unassisted tenants;
(iii) the overall cost for providing rental
assistance under section 8 for the project (if
any) is not increased, except, upon approval by
the Secretary to--
(I) mark-up-to-market contracts
pursuant to section 524(a)(3) of the
Multifamily Assisted Housing Reform and
Affordability Act (42 U.S.C. 1437f
note), as such section is carried out by
the Secretary for properties owned by
nonprofit organizations; or
[[Page 123 STAT. 980]]
(II) mark-up-to-budget contracts
pursuant to section 524(a)(4) of the
Multifamily Assisted Housing Reform and
Affordability Act (42 U.S.C. 1437f
note), as such section is carried out by
the Secretary for properties owned by
eligible owners ( as such term is
defined in section 202(k) of the Housing
Act of 1959 (12 U.S.C. 1701q(k));
(iv) the project owner may charge tenants rent
sufficient to meet debt service payments and
operating cost requirements, as approved by the
Secretary, if project-based rental assistance is
not available or is insufficient for the debt
service and operating cost of the project after
refinancing. Such approval by the Secretary--
(I) shall be the basis for the owner
to agree to terminate the project-based
rental assistance contract that is
insufficient for the debt service and
operating cost of the project after
refinancing; and
(II) shall be an eligibility event
for the project for purposes of section
8(t) of the United States Housing Act of
1937 (42 U.S.C. 1437f(t));
(v) units to be occupied by tenants assisted
under section 8(t) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(t)) shall, upon
termination of the occupancy of such tenants,
become eligible for project-based assistance under
section 8(o)(13) of the United States Housing Act
of 1937 (42 U.S.C. 1437f(o)(13)) without regard to
the percentage limitations provided in such
section; and
(vi) there <<NOTE: Contracts.>> shall be a
use agreement of 20 years from the date of the
maturity date of the original 202 loan for all
units, including units to be occupied by tenants
assisted under section 8(t) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(t)).
Sec. 235. Use of Surplus Federal Property for the Homeless. No
property identified by the Secretary of Housing and Urban Development as
surplus Federal property for use to assist the homeless shall be made
available to any homeless group unless the group is a member in good
standing under any of HUD's homeless assistance programs or is in good
standing with any other program which receives funds from any other
Federal or State agency or entity: Provided, That an exception may be
made for an entity not involved with Federal homeless programs to use
surplus Federal property for the homeless only after the Secretary or
another responsible Federal agency has fully and comprehensively
reviewed all relevant finances of the entity, the track record of the
entity in assisting the homeless, the ability of the entity to manage
the property, including all costs, the ability of the entity to
administer homeless programs in a manner that is effective to meet the
needs of the homeless population that is expected to use the property
and any other related issues that demonstrate a commitment to assist the
homeless: Provided further, That the Secretary shall not require the
entity to have cash in hand in order to demonstrate financial ability
but may rely on the entity's prior demonstrated fundraising ability or
commitments for in-kind
[[Page 123 STAT. 981]]
donations of goods and services: Provided further, That the Secretary
shall make all such information and its decision regarding the award of
the surplus property available to the committees of jurisdiction,
including a full justification of the appropriateness of the use of the
property to assist the homeless as well as the appropriateness of the
group seeking to obtain the property to use such property to assist the
homeless: <<NOTE: Applicability.>> Provided further, That, this section
shall apply to properties in fiscal year 2008 and 2009 made available as
surplus Federal property for use to assist the homeless.
Sec. 236. The Secretary of Housing and Urban Development shall
increase, pursuant to this section, the number of Moving-to-Work
agencies authorized under section 204, title II, of the Departments of
Veterans Affairs and Housing and Urban Development and Independent
Agencies Appropriations Act, 1996 (Public Law 104-134; 110 Stat. 1321-
281) by adding to the program three Public Housing Agencies that meet
the following requirements: is a High Performing Agency under the Public
Housing Assessment System (PHAS) and is a HOPE VI agency. No PHA shall
be granted this designation through this section that administers in
excess of 5,000 aggregate housing vouchers and public housing units. No
PHA granted this designation through this section shall receive more
funding than they otherwise would have received absent this designation.
Sec. 237. Of the unobligated balances remaining from funds
appropriated to the Department of Housing and Urban Development under
the fourth paragraph under the heading ``General and Special Risk
Program Account'' in the Department of Housing and Urban Development
Appropriations Act, 2008, $5,000,000 are rescinded: Provided, That with
respect to such discount sales referenced under such paragraph,
notwithstanding any other provision of law, in determining the market
value of any multifamily real property or multifamily loan for any
noncompetitive sale to a State or local government, the Secretary shall
in fiscal year 2009 consider, but not be limited to, industry standard
appraisal practices, including the cost of repairs needed to bring the
property into such condition as to satisfy minimum State and local code
standards and the cost of maintaining the affordability restrictions
imposed by the Secretary on the multifamily real property or multifamily
loan.
Sec. 238. <<NOTE: Transfer authority. Submission.>> The Secretary
of the Department of Housing and Urban Development is authorized to
transfer up to 5 percent of funds appropriated for any account under
this title under the heading ``Personnel Compensation and Benefits'' to
any other account under this title under the heading ``Personnel
Compensation and Benefits'' only after such transfer has been submitted
to, and received prior written approval by, the House and Senate
Committees on Appropriations: Provided, That, no appropriation for any
such account shall be increased or decreased by more than 10 percent by
all such transfers.
Sec. 239. The Disaster Housing Assistance Programs, administered by
the Department of Housing and Urban Development, shall be considered a
``program of the Department of Housing and Urban Development'' under
section 904 of the McKinney Act for the purpose of income verifications
and matching.
This title may be cited as the ``Department of Housing and Urban
Development Appropriations Act, 2009''.
[[Page 123 STAT. 982]]
TITLE III
RELATED AGENCIES
Architectural and Transportation Barriers Compliance Board
Salaries and Expenses
For expenses necessary for the Architectural and Transportation
Barriers Compliance Board, as authorized by section 502 of the
Rehabilitation Act of 1973, as amended, $6,550,000: Provided, That,
notwithstanding any other provision of law, there may be credited to
this appropriation funds received for publications and training
expenses.
Federal Maritime Commission
Salaries and Expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act, 1936, as
amended (46 U.S.C. App. 1111), including services as authorized by 5
U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 U.S.C.
1343(b); and uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902, $22,800,000: Provided, That not to exceed $2,000 shall be
available for official reception and representation expenses.
National Transportation Safety Board
Salaries and Expenses
For necessary expenses of the National Transportation Safety Board,
including hire of passenger motor vehicles and aircraft; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for a GS-15; uniforms, or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902)
$91,000,000, of which not to exceed $2,000 may be used for official
reception and representation expenses. The amounts made available to the
National Transportation Safety Board in this Act include amounts
necessary to make lease payments due in fiscal year 2009 only, on an
obligation incurred in fiscal year 2001 for a capital lease. Of the
funds provided, up to $100,000 shall be provided through reimbursement
to the Department of Transportation's Office of Inspector General to
audit the National Transportation Safety Board's financial statements.
(rescission)
Of the available unobligated balances made available under this
heading in Public Law 106-246, $671,275 are rescinded.
Neighborhood Reinvestment Corporation
Payment to the Neighborhood Reinvestment Corporation
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by
[[Page 123 STAT. 983]]
the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101-8107),
$131,000,000, of which $5,000,000 shall be for a multi-family rental
housing program: Provided, That of the amounts made available under this
heading, $6,000,000 shall be made available to conduct a consumer
mortgage public education campaign: Provided further, That funding
amounts provided under the previous proviso shall be available for
campaign development, production, and outreach activities.
For an <<NOTE: Foreclosures.>> additional amount, $50,000,000 shall
be made available until expended to the Neighborhood Reinvestment
Corporation for mortgage foreclosure mitigation activities, under the
following terms and conditions:
(1) The <<NOTE: Grants. Waiver authority.>> Neighborhood
Reinvestment Corporation (``NRC''), shall make grants to
counseling intermediaries approved by the Department of Housing
and Urban Development (HUD) (with match to be determined by the
NRC based on affordability and the economic conditions of an
area; a match also may be waived by the NRC based on the
aforementioned conditions) to provide mortgage foreclosure
mitigation assistance primarily to States and areas with high
rates of defaults and foreclosures primarily in the subprime
housing market to help eliminate the default and foreclosure of
mortgages of owner-occupied single-family homes that are at risk
of such foreclosure. Other than areas with high rates of
defaults and foreclosures, grants may also be provided to
approved counseling intermediaries based on a geographic
analysis of the Nation by the NRC which determines where there
is a prevalence of subprime mortgages that are risky and likely
to fail, including any trends for mortgages that are likely to
default and face foreclosure. A State Housing Finance Agency may
also be eligible where the State Housing Finance Agency meets
all the requirements under this
paragraph. <<NOTE: Requirements.>> A HUD-approved counseling
intermediary shall meet certain mortgage foreclosure mitigation
assistance counseling requirements, as determined by the NRC,
and shall be approved by HUD or the NRC as meeting these
requirements.
(2) Mortgage foreclosure mitigation assistance shall only be
made available to homeowners of owner-occupied homes with
mortgages in default or in danger of default. These mortgages
shall likely be subject to a foreclosure action and homeowners
will be provided such assistance that shall consist of
activities that are likely to prevent foreclosures and result in
the long-term affordability of the mortgage retained pursuant to
such activity or another positive outcome for the homeowner. No
funds made available under this paragraph may be provided
directly to lenders or homeowners to discharge outstanding
mortgage balances or for any other direct debt reduction
payments.
(3) The use of Mortgage Foreclosure Mitigation Assistance by
approved counseling intermediaries and State Housing Finance
Agencies shall involve a reasonable analysis of the borrower's
financial situation, an evaluation of the current value of the
property that is subject to the mortgage, counseling regarding
the assumption of the mortgage by another non-Federal party,
counseling regarding the possible purchase of the mortgage by a
non-Federal third party, counseling and
[[Page 123 STAT. 984]]
advice of all likely restructuring and refinancing strategies or
the approval of a work-out strategy by all interested parties.
(4) NRC <<NOTE: Certification.>> may provide up to 15
percent of the total funds under this paragraph to its own
charter members with expertise in foreclosure prevention
counseling, subject to a certification by the NRC that the
procedures for selection do not consist of any procedures or
activities that could be construed as an unacceptable conflict
of interest or have the appearance of impropriety.
(5) HUD-approved counseling entities and State Housing
Finance Agencies receiving funds under this paragraph shall have
demonstrated experience in successfully working with financial
institutions as well as borrowers facing default, delinquency
and foreclosure as well as documented counseling capacity,
outreach capacity, past successful performance and positive
outcomes with documented counseling plans (including post
mortgage foreclosure mitigation counseling), loan workout
agreements and loan modification agreements. NRC may use other
criteria to demonstrate capacity in underserved areas.
(6) Of the total amount made available under this paragraph,
up to $5,000,000 may be made available to build the mortgage
foreclosure and default mitigation counseling capacity of
counseling intermediaries through NRC training courses with HUD-
approved counseling intermediaries and their partners, except
that private financial institutions that participate in NRC
training shall pay market rates for such training.
(7) Of the total amount made available under this paragraph,
up to 4 percent may be used for associated administrative
expenses for the NRC to carry out activities provided under this
section.
(8) Mortgage foreclosure mitigation assistance grants may
include a budget for outreach and advertising, and training, as
determined by the NRC.
(9) The <<NOTE: Reports. Deadlines.>> NRC shall report bi-
annually to the House and Senate Committees on Appropriations as
well as the Senate Banking Committee and House Financial
Services Committee on its efforts to mitigate mortgage default.
Such reports shall identify successful strategies and methods
for preserving homeownership and the long-term affordability of
at-risk mortgages and shall include recommended efforts that
will or likely can assist in the success of this program as well
as an analysis of any policy and procedures that failed to
result in successful mortgage foreclosure mitigation. The report
shall include an analysis of the details and use of any post
mitigation counseling of assisted borrowers designed to ensure
the continued long-term affordability of the mortgages which
were the subject of the mortgage foreclosure mitigation
assistance.
United States Interagency Council on Homelessness
Operating Expenses
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms, and the employment of experts and consultants under section 3109
of title 5, United States Code) of the United States Interagency Council
on Homelessness in carrying out the functions pursuant to title II of
the McKinney-Vento Homeless Assistance Act, as
[[Page 123 STAT. 985]]
amended, $2,333,000: <<NOTE: Salaries and benefits.>> Provided, That no
funds may be used to pay the salaries and benefits of any employee of
the United States Interagency Council on Homelessness that spends more
than 10 days outside of the United States while not on annual leave.
Title II of the McKinney-Vento Homeless Assistance Act, as amended,
is amended in section 209 <<NOTE: 42 USC 11319.>> by striking ``2008''
and inserting ``2010''.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. Such sums as may be necessary for fiscal year 2009 pay
raises for programs funded in this Act shall be absorbed within the
levels appropriated in this Act or previous appropriations Acts.
Sec. 402. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 403. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 404. <<NOTE: Contracts.>> The expenditure of any appropriation
under this Act for any consulting service through procurement contract
pursuant to section 3109 of title 5, United States Code, shall be
limited to those contracts where such expenditures are a matter of
public record and available for public inspection, except where
otherwise provided under existing law, or under existing Executive order
issued pursuant to existing law.
Sec. 405. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2009, or provided from any
accounts in the Treasury derived by the collection of fees and available
to the agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that: (1) creates a new
program; (2) eliminates a program, project, or activity; (3) increases
funds or personnel for any program, project, or activity for which funds
have been denied or restricted by the Congress; (4) proposes to use
funds directed for a specific activity by either the House or Senate
Committees on Appropriations for a different purpose; (5) augments
existing programs, projects, or activities in excess of $5,000,000 or 10
percent, whichever is less; (6) reduces existing programs, projects, or
activities by $5,000,000 or 10 percent, whichever is less; or (7)
creates, reorganizes, or restructures a branch, division, office,
bureau, board, commission, agency, administration, or department
different from the budget justifications submitted to the Committees on
Appropriations or the table accompanying the explanatory statement
accompanying this Act, whichever is more detailed, unless prior approval
is received from the House and Senate Committees on Appropriations:
Provided, That <<NOTE: Deadline. Reports.>> 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 Senate
and of the House of Representatives to establish the baseline for
application of reprogramming and transfer authorities for the current
[[Page 123 STAT. 986]]
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 <<NOTE: Fines.>> the amount appropriated or limited for
salaries and expenses for an agency shall be reduced by $100,000 per day
for each day after the required date that the report has not been
submitted to the Congress.
Sec. 406. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the end
of fiscal year 2009 from appropriations made available for salaries and
expenses for fiscal year 2009 in this Act, shall remain available
through September 30, 2010, for each such account for the purposes
authorized: <<NOTE: Expenditure request.>> Provided, That a request
shall be submitted to the House and Senate Committees on Appropriations
for approval prior to the expenditure of such funds: Provided further,
That these requests shall be made in compliance with reprogramming
guidelines under section 405 of this Act.
Sec. 407. All <<NOTE: Reports. Deadline.>> Federal agencies and
departments that are funded under this Act shall issue a report to the
House and Senate Committees on Appropriations on all sole source
contracts by no later than July 31, 2009. Such report shall include the
contractor, the amount of the contract and the rationale for using a
sole source contract.
Sec. 408. (a) None of the funds made available in this Act may be
obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 409. <<NOTE: Eminent domain.>> No funds in this Act may be
used to support any Federal, State, or local projects that seek to use
the power of eminent domain, unless eminent domain is employed only for
a public use: Provided, That for purposes of this section, public use
shall not be construed to include economic development that primarily
benefits private entities: Provided further, That any use of funds for
mass transit, railroad, airport, seaport or highway projects as well as
utility projects which benefit or serve the general public (including
energy-related, communication-related, water-related and wastewater-
related infrastructure), other structures
[[Page 123 STAT. 987]]
designated for use by the general public or which have other common-
carrier or public-utility functions that serve the general public and
are subject to regulation and oversight by the government, and projects
for the removal of an immediate threat to public health and safety or
brownsfield as defined in the Small Business Liability Relief and
Brownsfield Revitalization Act (Public Law 107-118) shall be considered
a public use for purposes of eminent domain.
Sec. 410. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 411. No part of any appropriation contained in this Act shall
be available to pay the salary for any person filling a position, other
than a temporary position, formerly held by an employee who has left to
enter the Armed Forces of the United States and has satisfactorily
completed his period of active military or naval service, and has within
90 days after his release from such service or from hospitalization
continuing after discharge for a period of not more than 1 year, made
application for restoration to his former position and has been
certified by the Office of Personnel Management as still qualified to
perform the duties of his former position and has not been restored
thereto.
Sec. 412. 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 sections 2 through 4 of the Act of March 3,
1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy American Act'').
Sec. 413. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
This division may be cited as the ``Transportation, Housing and
Urban Development, and Related Agencies Appropriations Act, 2009''.
DIVISION J--FURTHER PROVISIONS RELATING TO THE DEPARTMENT OF HOMELAND
SECURITY AND OTHER MATTERS
DEPARTMENT OF HOMELAND SECURITY
United States Secret Service
SALARIES AND EXPENSES
(including transfer of funds)
For an additional amount for ``Salaries and Expenses'',
$100,000,000, to remain available until expended, to address additional
requirements related to the protection mission: Provided, That of this
amount, not to exceed $12,730,000 may be transferred to ``Acquisition,
Construction, Improvements, and Related Expenses'' to address the
deferred maintenance backlog: Provided further, That the amount under
this heading is designated as an emergency requirement and necessary to
meet emergency needs pursuant to section 204(a) of S. Con. Res. 21
(110th Congress) and section
[[Page 123 STAT. 988]]
301(b)(2) of S. Con. Res. 70 (110th Congress), the concurrent
resolutions on the budget for fiscal years 2008 and 2009.
GENERAL PROVISIONS--THIS DIVISION
Sec. 101. Sections 143, 144, and 145 of division A of the
Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act, 2009 <<NOTE: 8 USC 1324a note, 1153 note; 42 USC
4026 note.>> (Public Law 110-329; 122 Stat. 3580 et seq.) are each
amended by striking ``the date specified in section 106(3) of this joint
resolution'' and inserting ``September 30, 2009''.
Sec. 102. (a) Extension of Commission on the Prevention of Weapons
of Mass Destruction Proliferation and Terrorism.--Effective
as <<NOTE: Effective date.>> of February 1, 2009, section 1858 of the
Implementing Recommendations of the 9/11 Commission Act of 2007 (Public
Law 110-53; 121 Stat. 504) is amended--
(1) in subsection (a), by striking ``60 days after'' and all
that follows through the end of the subsection and inserting
``on March 1, 2010.''; and
(2) in <<NOTE: Time period.>> subsection (b), by striking
``the 60-day period referred to in subsection (a)'' and
inserting ``the period beginning on February 2, 2009, and ending
on February 28, 2010,''.
(b) Funding.--Of the funds provided under the heading ``Operation
and Maintenance, Defense-Wide'' in the Department of Defense
Appropriations Act, 2009 (division C of Public Law 110-329; 122 Stat.
3606), $1,100,000 shall be made available only for purposes of the
Commission on the Prevention of Weapons of Mass Destruction
Proliferation and Terrorism.
Sec. 103. Notwithstanding any <<NOTE: Pay freeze. 2 USC 31 note.>>
provision of section 601(a)(2) of the Legislative Reorganization Act of
1946 (2 U.S.C. 31(2)), the percentage adjustment scheduled to take
effect under any such provision in calendar year 2010 shall not take
effect.
Approved March 11, 2009.
LEGISLATIVE HISTORY--H.R. 1105:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 155 (2009):
Feb. 25, considered and passed House.
Mar. 2-6, 9, 10, considered and passed Senate.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2009):
Mar. 11, Presidential statement.
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