II 

Calendar No. 877 

110TH CONGRESS 

2D SESSION S. 3260 

[Report No. 110–417] 

Making appropriations for financial services and general government for the 

fiscal year ending September 30, 2009, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 14, 2008 

Mr. DURBIN, from the Committee on Appropriations, reported the following 

original bill; which was read twice and placed on the calendar 

A BILL 

Making appropriations for financial services and general government for the fiscal year ending September 30, 2009, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2009, and for other pur6 poses, namely: 
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1 TITLE I 

2 DEPARTMENT OF THE TREASURY 

3 DEPARTMENTAL OFFICES

4 SALARIES AND EXPENSES

5 (INCLUDING TRANSFER OF FUNDS)

6 For necessary expenses of the Departmental Offices 

7 including operation and maintenance of the Treasury 

8 Building and Annex; hire of passenger motor vehicles; 

9 maintenance, repairs, and improvements of, and purchase 

10 of commercial insurance policies for, real properties leased 

11 or owned overseas, when necessary for the performance 

12 of official business, $273,895,000, of which not to exceed 

13 $11,097,000 is for executive direction program activities; 

14 not to exceed $10,495,000 is for general counsel program 

15 activities; not to exceed $45,853,000 is for economic poli16 cies and programs activities; not to exceed $34,735,000 

17 is for financial policies and programs activities; not to ex18 ceed $61,712,000 is for terrorism and financial intel19 ligence activities; not to exceed $19,009,000 is for Treas20 ury-wide management policies and programs activities; 

21 and not to exceed $90,994,000 is for administration pro22 grams activities: Provided, That the Secretary of the 

23 Treasury is authorized to transfer funds appropriated for 

24 any program activity of the Departmental Offices to any 

25 other program activity of the Departmental Offices upon 

26 notification to the House and Senate Committees on Ap-
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1 propriations: Provided further, That no appropriation for 

2 any program activity shall be increased or decreased by 

3 more than 5 percent by all such transfers: Provided fur4 ther, That any change in funding greater than 5 percent 

5 shall be submitted for approval to the House and Senate 

6 Committees on Appropriations: Provided further, That of 

7 the amount appropriated under this heading, not to exceed 

8 $3,000,000, to remain available until September 30, 2010, 

9 is for information technology modernization requirements; 

10 not to exceed $200,000 is for official reception and rep11 resentation expenses; and not to exceed $258,000 is for 

12 unforeseen emergencies of a confidential nature, to be allo13 cated and expended under the direction of the Secretary 

14 of the Treasury and to be accounted for solely on his cer15 tificate: Provided further, That of the amount appro16 priated under this heading, $5,232,443, to remain avail17 able until September 30, 2010, is for the Treasury-wide 

18 Financial Statement Audit and Internal Control Program, 

19 of which such amounts as may be necessary may be trans20 ferred to accounts of the Department’s offices and bureaus 

21 to conduct audits: Provided further, That this transfer au22 thority shall be in addition to any other provided in this 

23 Act: Provided further, That of the amount appropriated 

24 under this heading, $500,000, to remain available until 

25 September 30, 2010, is for secure space requirements: 
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1 Provided further, That of the amount appropriated under 

2 this heading, $1,100,000, to remain available until Sep3 tember 30, 2010, is for salary and benefits for hiring of 

4 personnel whose work will require completion of a security 

5 clearance investigation in order to perform highly classi6 fied work to further the activities of the Office of Ter7 rorism and Financial Intelligence: Provided further, That 

8 of the amount appropriated under this heading, 

9 $3,400,000, to remain available until September 30, 2011, 

10 is to develop and implement programs within the Office 

11 of Critical Infrastructure Protection and Compliance Pol12 icy, including entering into cooperative agreements: Pro13 vided further, That of the amount appropriated under this 

14 heading, $3,000,000, to remain available until September 

15 30, 2011, is for modernizing the Office of Debt Manage16 ment’s information technology. 

17 DEPARTMENT-WIDE SYSTEMS AND CAPITAL

18 INVESTMENTS PROGRAMS

19 (INCLUDING TRANSFER OF FUNDS)

20 For development and acquisition of automatic data 

21 processing equipment, software, and services for the De22 partment of the Treasury, $26,975,000, to remain avail23 able until September 30, 2011: Provided, That 

24 $11,518,000 is for repairs to the Treasury Annex Build25 ing: Provided further, That these funds shall be trans26 ferred to accounts and in amounts as necessary to satisfy 
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1 the requirements of the Department’s offices, bureaus, 

2 and other organizations: Provided further, That this trans3 fer authority shall be in addition to any other transfer au4 thority provided in this Act: Provided further, That none 

5 of the funds appropriated under this heading shall be used 

6 to support or supplement ‘‘Internal Revenue Service, Op7 erations Support’’ or ‘‘Internal Revenue Service, Business 

8 Systems Modernization’’. 

9 OFFICE OF INSPECTOR GENERAL

10 SALARIES AND EXPENSES

11 For necessary expenses of the Office of Inspector 

12 General in carrying out the provisions of the Inspector 

13 General Act of 1978, not to exceed $2,000,000 for official 

14 travel expenses, including hire of passenger motor vehicles; 

15 and not to exceed $100,000 for unforeseen emergencies 

16 of a confidential nature, to be allocated and expended 

17 under the direction of the Inspector General of the Treas18 ury, $19,356,000, of which not to exceed $2,500 shall be 

19 available for official reception and representation ex20 penses. 

21 TREASURY INSPECTOR GENERAL FOR TAX

22 ADMINISTRATION

23 SALARIES AND EXPENSES

24 For necessary expenses of the Treasury Inspector 

25 General for Tax Administration in carrying out the In26 spector General Act of 1978, including purchase (not to 
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1 exceed 150 for replacement only for police-type use) and 

2 hire of passenger motor vehicles (31 U.S.C. 1343(b)); 

3 services authorized by 5 U.S.C. 3109, at such rates as 

4 may be determined by the Inspector General for Tax Ad5 ministration; $145,736,000, of which not to exceed 

6 $6,000,000 shall be available for official travel expenses; 

7 of which not to exceed $500,000 shall be available for un8 foreseen emergencies of a confidential nature, to be allo9 cated and expended under the direction of the Inspector 

10 General for Tax Administration; and of which not to ex11 ceed $1,500 shall be available for official reception and 

12 representation expenses. 

13 FINANCIAL CRIMES ENFORCEMENT NETWORK

14 SALARIES AND EXPENSES

15 For necessary expenses of the Financial Crimes En16 forcement Network, including hire of passenger motor ve17 hicles; travel and training expenses of non-Federal and 

18 foreign government personnel to attend meetings and 

19 training concerned with domestic and foreign financial in20 telligence activities, law enforcement, and financial regula21 tion; not to exceed $14,000 for official reception and rep22 resentation expenses; and for assistance to Federal law en23 forcement agencies, with or without reimbursement, 

24 $91,335,000, of which not to exceed $16,340,000 shall re25 main available until September 30, 2011; and of which 
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1 $9,178,000 shall remain available until September 30, 

2 2010: Provided, That funds appropriated in this account 

3 may be used to procure personal services contracts. 

4 FINANCIAL MANAGEMENT SERVICE

5 SALARIES AND EXPENSES

6 For necessary expenses of the Financial Management 

7 Service, $239,344,000, of which not to exceed $9,220,000 

8 shall remain available until September 30, 2011, for infor9 mation systems modernization initiatives; and of which not 

10 to exceed $2,500 shall be available for official reception 

11 and representation expenses. 

12 ALCOHOL AND TOBACCO TAX AND TRADE BUREAU

13 SALARIES AND EXPENSES

14 For necessary expenses of carrying out section 1111 

15 of the Homeland Security Act of 2002, including hire of 

16 passenger motor vehicles, $98,900,000; of which not to ex17 ceed $6,000 for official reception and representation ex18 penses; not to exceed $50,000 for cooperative research and 

19 development programs for laboratory services; and provi20 sion of laboratory assistance to State and local agencies 

21 with or without reimbursement: Provided, That of the 

22 amount appropriated under this heading, $2,000,000, to 

23 remain available until September 30, 2010, is for informa24 tion technology management. 
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1 UNITED STATES MINT

2 UNITED STATES MINT PUBLIC ENTERPRISE FUND

3 Pursuant to section 5136 of title 31, United States 

4 Code, the United States Mint is provided funding through 

5 the United States Mint Public Enterprise Fund for costs 

6 associated with the production of circulating coins, numis7 matic coins, and protective services, including both oper8 ating expenses and capital investments. The aggregate 

9 amount of new liabilities and obligations incurred during 

10 fiscal year 2009 under such section 5136 for circulating 

11 coinage and protective service capital investments of the 

12 United States Mint shall not exceed $42,150,000. 

13 BUREAU OF THE PUBLIC DEBT

14 ADMINISTERING THE PUBLIC DEBT

15 For necessary expenses connected with any public16 debt issues of the United States, $187,054,000, of which 

17 not to exceed $2,500 shall be available for official recep18 tion and representation expenses, and of which not to ex19 ceed $2,000,000 shall remain available until September 

20 30, 2011, for systems modernization: Provided, That the 

21 sum appropriated herein from the general fund for fiscal 

22 year 2009 shall be reduced by not more than $10,000,000 

23 as definitive security issue fees and Legacy Treasury Di24 rect Investor Account Maintenance fees are collected, so 

25 as to result in a final fiscal year 2009 appropriation from 
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1 the general fund estimated at $177,054,000. In addition, 

2 $90,000 to be derived from the Oil Spill Liability Trust 

3 Fund to reimburse the Bureau for administrative and per4 sonnel expenses for financial management of the Fund, 

5 as authorized by section 1012 of Public Law 101–380. 

6 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

7 FUND PROGRAM ACCOUNT

8 To carry out the Community Development Banking 

9 and Financial Institutions Act of 1994 (Public Law 103– 

10 325), including services authorized by 5 U.S.C. 3109, but 

11 at rates for individuals not to exceed the per diem rate 

12 equivalent to the rate for ES–3, $100,000,000, to remain 

13 available until September 30, 2010, of which $8,280,000 

14 shall be for financial assistance, technical assistance, 

15 training and outreach programs designed to benefit Native 

16 American, Native Hawaiian, and Alaskan Native commu17 nities and provided primarily through qualified community 

18 development lender organizations with experience and ex19 pertise in community development banking and lending in 

20 Indian country, Native American organizations, tribes and 

21 tribal organizations and other suitable providers, and up 

22 to $14,750,000 may be used for administrative expenses, 

23 including administration of the New Markets Tax Credit, 

24 up to $6,100,000 may be used for the cost of direct loans, 

25 and up to $250,000 may be used for administrative ex-
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1 penses to carry out the direct loan program: Provided, 

2 That the cost of direct loans, including the cost of modi3 fying such loans, shall be as defined in section 502 of the 

4 Congressional Budget Act of 1974: Provided further, That 

5 these funds are available to subsidize gross obligations for 

6 the principal amount of direct loans not to exceed 

7 $16,000,000. 

8 INTERNAL REVENUE SERVICE

9 TAXPAYER SERVICES

10 For necessary expenses of the Internal Revenue Serv11 ice to provide taxpayer services, including pre-filing assist12 ance and education, filing and account services, taxpayer 

13 advocacy services, and other services as authorized by 5 

14 U.S.C. 3109, at such rates as may be determined by the 

15 Commissioner, $2,213,350,000, of which not less than 

16 $4,000,000 shall be for the Tax Counseling for the Elderly 

17 Program, of which not less than $9,000,000 shall be avail18 able for low-income taxpayer clinic grants, of which not 

19 less than $8,000,000, to remain available until September 

20 30, 2010, shall be available for a Community Volunteer 

21 Income Tax Assistance matching grants demonstration 

22 program for tax return preparation assistance, and of 

23 which not less than $194,073,500 shall be available for 

24 operating expenses of the Taxpayer Advocate Service. 
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1 ENFORCEMENT

2 (INCLUDING TRANSFER OF FUNDS)

3 For necessary expenses of the Internal Revenue Serv4 ice to determine and collect owed taxes, to provide legal 

5 and litigation support, to conduct criminal investigations, 

6 to enforce criminal statutes related to violations of inter7 nal revenue laws and other financial crimes, to purchase 

8 (for police-type use, not to exceed 850) and hire passenger 

9 motor vehicles (31 U.S.C. 1343(b)), and to provide other 

10 services as authorized by 5 U.S.C. 3109, at such rates 

11 as may be determined by the Commissioner, 

12 $5,117,267,000, of which not less than $57,252,000 shall 

13 be for the Interagency Crime and Drug Enforcement pro14 gram: Provided, That up to $10,000,000 may be trans15 ferred as necessary from this account to the Internal Rev16 enue Service, ‘‘Operations Support’’ appropriations solely 

17 for the purposes of the Interagency Crime and Drug En18 forcement program: Provided further, That this transfer 

19 authority shall be in addition to any other transfer author20 ity provided in this Act. 

21 OPERATIONS SUPPORT

22 For necessary expenses of the Internal Revenue Serv23 ice to operate and support taxpayer services and enforce24 ment programs, including rent payments; facilities serv25 ices; printing; postage; physical security; headquarters and 

26 other IRS-wide administration activities; research and sta-
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1 tistics of income; telecommunications; information tech2 nology development, enhancement, operations, mainte3 nance, and security; the hire of passenger motor vehicles 

4 (31 U.S.C. 1343(b)); and other services as authorized by 

5 5 U.S.C. 3109, at such rates as may be determined by 

6 the Commissioner; $3,896,650,000, of which $75,000,000 

7 shall remain available until September 30, 2010, for infor8 mation technology support; of which not to exceed 

9 $1,000,000 shall remain available until September 30, 

10 2011, for research; of which not less than $2,000,000 

11 shall be for the Internal Revenue Service Oversight Board; 

12 and of which not to exceed $25,000 shall be for official 

13 reception and representation. 

14 BUSINESS SYSTEMS MODERNIZATION

15 For necessary expenses of the Internal Revenue Serv16 ice’s business systems modernization program, 

17 $282,175,000, to remain available until September 30, 

18 2011, for the capital asset acquisition of information tech19 nology systems, including management and related con20 tractual costs of said acquisitions, including related Inter21 nal Revenue Service labor costs, and contractual costs as22 sociated with operations authorized by 5 U.S.C. 3109: 

23 Provided, That, with the exception of labor costs, none of 

24 these funds may be obligated until the Internal Revenue 

25 Service submits to the Committees on Appropriations, and 

26 such Committees approve, a plan for expenditure that: (1) 
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1 meets the capital planning and investment control review 

2 requirements established by the Office of Management 

3 and Budget, including Circular A–11; (2) complies with 

4 the Internal Revenue Service’s enterprise architecture, in5 cluding the modernization blueprint; (3) conforms with the 

6 Internal Revenue Service’s enterprise life cycle method7 ology; (4) is approved by the Internal Revenue Service, 

8 the Department of the Treasury, and the Office of Man9 agement and Budget; (5) has been reviewed by the Gov10 ernment Accountability Office; and (6) complies with the 

11 acquisition rules, requirements, guidelines, and systems 

12 acquisition management practices of the Federal Govern13 ment. 

14 HEALTH INSURANCE TAX CREDIT ADMINISTRATION

15 For expenses necessary to implement the health in16 surance tax credit included in the Trade Act of 2002 

17 (Public Law 107–210), $15,406,000. 

18 ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE

19 SERVICE

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 101. Not to exceed 5 percent of any appropria22 tion made available in this Act to the Internal Revenue 

23 Service or not to exceed 3 percent of appropriations under 

24 the heading ‘‘Enforcement’’ may be transferred to any 

25 other Internal Revenue Service appropriation upon the ad26 vance approval of the Committees on Appropriations. 
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1 SEC. 102. The Internal Revenue Service shall main2 tain a training program to ensure that Internal Revenue 

3 Service employees are trained in taxpayers’ rights, in deal4 ing courteously with taxpayers, and in cross-cultural rela5 tions. 

6 SEC. 103. The Internal Revenue Service shall insti7 tute and enforce policies and procedures that will safe8 guard the confidentiality of taxpayer information. 

9 SEC. 104. Funds made available by this or any other 

10 Act to the Internal Revenue Service shall be available for 

11 improved facilities and increased staffing to provide suffi12 cient and effective 1–800 help line service for taxpayers. 

13 The Commissioner shall continue to make the improve14 ment of the Internal Revenue Service 1–800 help line serv15 ice a priority and allocate resources necessary to increase 

16 phone lines and staff to improve the Internal Revenue 

17 Service 1–800 help line service. 

18 SEC. 105. Of the funds made available by this Act 

19 to the Internal Revenue Service, not less than 

20 $6,997,000,000 shall be available only for tax enforce21 ment. In addition, of the funds made available by this Act 

22 to the Internal Revenue Service, and subject to the same 

23 terms and conditions, $490,000,000 shall be available for 

24 enhanced tax law enforcement. 
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1 SEC. 106. None of the funds made available in this 

2 Act may be used to enter into, renew, extend, administer, 

3 implement, enforce, or provide oversight of any qualified 

4 tax collection contract (as defined in section 6306 of the 

5 Internal Revenue Code of 1986). 

6 ADMINISTRATIVE PROVISIONS—DEPARTMENT OF THE

7 TREASURY

8 (INCLUDING TRANSFERS OF FUNDS)

9 SEC. 107. Appropriations to the Department of the 

10 Treasury in this Act shall be available for uniforms or al11 lowances therefor, as authorized by law (5 U.S.C. 5901), 

12 including maintenance, repairs, and cleaning; purchase of 

13 insurance for official motor vehicles operated in foreign 

14 countries; purchase of motor vehicles without regard to the 

15 general purchase price limitations for vehicles purchased 

16 and used overseas for the current fiscal year; entering into 

17 contracts with the Department of State for the furnishing 

18 of health and medical services to employees and their de19 pendents serving in foreign countries; and services author20 ized by 5 U.S.C. 3109. 

21 SEC. 108. Not to exceed 2 percent of any appropria22 tions in this Act made available to the Departmental Of23 fices—Salaries and Expenses, Office of Inspector General, 

24 Financial Management Service, Alcohol and Tobacco Tax 

25 and Trade Bureau, Financial Crimes Enforcement Net-
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1 work, and Bureau of the Public Debt, may be transferred 

2 between such appropriations upon the advance approval 

3 of the Committees on Appropriations: Provided, That no 

4 transfer may increase or decrease any such appropriation 

5 by more than 2 percent. 

6 SEC. 109. Not to exceed 2 percent of any appropria7 tion made available in this Act to the Internal Revenue 

8 Service may be transferred to the Treasury Inspector Gen9 eral for Tax Administration’s appropriation upon the ad10 vance approval of the Committees on Appropriations: Pro11 vided, That no transfer may increase or decrease any such 

12 appropriation by more than 2 percent. 

13 SEC. 110. Of the funds available for the purchase of 

14 law enforcement vehicles, no funds may be obligated until 

15 the Secretary of the Treasury certifies that the purchase 

16 by the respective Treasury bureau is consistent with de17 partmental vehicle management principles: Provided, That 

18 the Secretary may delegate this authority to the Assistant 

19 Secretary for Management. 

20 SEC. 111. None of the funds appropriated in this Act 

21 or otherwise available to the Department of the Treasury 

22 or the Bureau of Engraving and Printing may be used 

23 to redesign the $1 Federal Reserve note. 

24 SEC. 112. The Secretary of the Treasury may trans25 fer funds from Financial Management Service, Salaries 
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1 and Expenses to Debt Collection Fund as necessary to 

2 cover the costs of debt collection: Provided, That such 

3 amounts shall be reimbursed to such salaries and expenses 

4 account from debt collections received in the Debt Collec5 tion Fund. 

6 SEC. 113. Section 122(g)(1) of Public Law 105–119 

7 (5 U.S.C. 3104 note) is further amended by striking ‘‘10 

8 years’’ and inserting ‘‘11 years’’. 

9 SEC. 114. None of the funds appropriated or other10 wise made available by this or any other Act may be used 

11 by the United States Mint to construct or operate any mu12 seum without the explicit approval of the House Com13 mittee on Financial Services, the Senate Committee on 

14 Banking, Housing, and Urban Affairs, and the Senate 

15 Committee on Appropriations. 

16 SEC. 115. None of the funds appropriated or other17 wise made available by this or any other Act or source 

18 to the Department of the Treasury, the Bureau of Engrav19 ing and Printing, and the United States Mint, individually 

20 or collectively, may be used to consolidate any or all func21 tions of the Bureau of Engraving and Printing and the 

22 United States Mint without the explicit approval of the 

23 House Committee on Financial Services; the Senate Com24 mittee on Banking, Housing, and Urban Affairs; the 
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1 House Committee on Appropriations; and the Senate 

2 Committee on Appropriations. 

3 SEC. 116. Funds appropriated by this Act, or made 

4 available by the transfer of funds in this Act, for the De5 partment of the Treasury’s intelligence or intelligence re6 lated activities are deemed to be specifically authorized by 

7 the Congress for purposes of section 504 of the National 

8 Security Act of 1947 (50 U.S.C. 414) during fiscal year 

9 2009 until the enactment of the Intelligence Authorization 

10 Act for Fiscal Year 2009. 

11 SEC. 117. Section 101(e)(1) of the Economic Stim12 ulus Act of 2008 is amended by inserting: 

13 ‘‘(C) TRANSFER AUTHORITY.—The Sec14 retary of the Treasury is authorized to transfer 

15 funds provided by paragraph (1)(A) among the 

16 accounts specified in paragraph (1)(A) to carry 

17 out the rebates upon the advance notification of 

18 the Committees on Appropriations: Provided, 

19 That any proposed transfer of funds greater 

20 than $5,000,000 shall be subject to the advance 

21 approval of the Committees on Appropria22 tions.’’. 

23 SEC. 118. Not to exceed $5,000 shall be made avail24 able from the Bureau of Engraving and Printing’s Indus-
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1 trial Revolving Fund for necessary official reception and 

2 representation expenses. 

3 This title may be cited as the ‘‘Department of the 

4 Treasury Appropriations Act, 2009’’. 

5 TITLE II 

6 EXECUTIVE OFFICE OF THE PRESIDENT AND 

7 FUNDS APPROPRIATED TO THE PRESIDENT 

8 COMPENSATION OF THE PRESIDENT

9 For compensation of the President, including an ex10 pense allowance at the rate of $50,000 per annum as au11 thorized by 3 U.S.C. 102, $450,000: Provided, That none 

12 of the funds made available for official expenses shall be 

13 expended for any other purpose and any unused amount 

14 shall revert to the Treasury pursuant to section 1552 of 

15 title 31, United States Code. 

16 WHITE HOUSE OFFICE

17 SALARIES AND EXPENSES

18 For necessary expenses for the White House as au19 thorized by law, including not to exceed $3,850,000 for 

20 services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; 

21 subsistence expenses as authorized by 3 U.S.C. 105, which 

22 shall be expended and accounted for as provided in that 

23 section; hire of passenger motor vehicles, newspapers, 

24 periodicals, teletype news service, and travel (not to exceed 

25 $100,000 to be expended and accounted for as provided 
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1 by 3 U.S.C. 103); and not to exceed $19,000 for official 

2 entertainment expenses, to be available for allocation with3 in the Executive Office of the President; $52,499,000. 

4 EXECUTIVE RESIDENCE AT THE WHITE HOUSE

5 OPERATING EXPENSES

6 For the care, maintenance, repair and alteration, re7 furnishing, improvement, heating, and lighting, including 

8 electric power and fixtures, of the Executive Residence at 

9 the White House and official entertainment expenses of 

10 the President, $13,363,000, to be expended and accounted 

11 for as provided by 3 U.S.C. 105, 109, 110, and 112–114. 

12 REIMBURSABLE EXPENSES

13 For the reimbursable expenses of the Executive Resi14 dence at the White House, such sums as may be nec15 essary: Provided, That all reimbursable operating expenses 

16 of the Executive Residence shall be made in accordance 

17 with the provisions of this paragraph: Provided further, 

18 That, notwithstanding any other provision of law, such 

19 amount for reimbursable operating expenses shall be the 

20 exclusive authority of the Executive Residence to incur ob21 ligations and to receive offsetting collections, for such ex22 penses: Provided further, That the Executive Residence 

23 shall require each person sponsoring a reimbursable polit24 ical event to pay in advance an amount equal to the esti25 mated cost of the event, and all such advance payments 

26 shall be credited to this account and remain available until 
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1 expended: Provided further, That the Executive Residence 

2 shall require the national committee of the political party 

3 of the President to maintain on deposit $25,000, to be 

4 separately accounted for and available for expenses relat5 ing to reimbursable political events sponsored by such 

6 committee during such fiscal year: Provided further, That 

7 the Executive Residence shall ensure that a written notice 

8 of any amount owed for a reimbursable operating expense 

9 under this paragraph is submitted to the person owing 

10 such amount within 60 days after such expense is in11 curred, and that such amount is collected within 30 days 

12 after the submission of such notice: Provided further, That 

13 the Executive Residence shall charge interest and assess 

14 penalties and other charges on any such amount that is 

15 not reimbursed within such 30 days, in accordance with 

16 the interest and penalty provisions applicable to an out17 standing debt on a United States Government claim under 

18 section 3717 of title 31, United States Code: Provided fur19 ther, That each such amount that is reimbursed, and any 

20 accompanying interest and charges, shall be deposited in 

21 the Treasury as miscellaneous receipts: Provided further, 

22 That the Executive Residence shall prepare and submit 

23 to the Committees on Appropriations, by not later than 

24 90 days after the end of the fiscal year covered by this 

25 Act, a report setting forth the reimbursable operating ex-
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1 penses of the Executive Residence during the preceding 

2 fiscal year, including the total amount of such expenses, 

3 the amount of such total that consists of reimbursable offi4 cial and ceremonial events, the amount of such total that 

5 consists of reimbursable political events, and the portion 

6 of each such amount that has been reimbursed as of the 

7 date of the report: Provided further, That the Executive 

8 Residence shall maintain a system for the tracking of ex9 penses related to reimbursable events within the Executive 

10 Residence that includes a standard for the classification 

11 of any such expense as political or nonpolitical: Provided 

12 further, That no provision of this paragraph may be con13 strued to exempt the Executive Residence from any other 

14 applicable requirement of subchapter I or II of chapter 

15 37 of title 31, United States Code. 

16 WHITE HOUSE REPAIR AND RESTORATION

17 For the repair, alteration, and improvement of the 

18 Executive Residence at the White House, $1,600,000, to 

19 remain available until expended, for required maintenance, 

20 safety and health issues, and continued preventative main21 tenance. 

22 COUNCIL OF ECONOMIC ADVISERS

23 SALARIES AND EXPENSES

24 For necessary expenses of the Council of Economic 

25 Advisers in carrying out its functions under the Employ26 ment Act of 1946 (15 U.S.C. 1021 et seq.), $4,118,000. 
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1 OFFICE OF POLICY DEVELOPMENT

2 SALARIES AND EXPENSES

3 For necessary expenses of the Office of Policy Devel4 opment, including services as authorized by 5 U.S.C. 3109 

5 and 3 U.S.C. 107, $5,250,000, of which $1,400,000 shall 

6 be available until September 30, 2010 for developing and 

7 overseeing implementation of a domestic AIDS strategy, 

8 of which $300,000 shall be available until September 30, 

9 2010 for Symposiums on Faith and Science. 

10 NATIONAL SECURITY COUNCIL

11 SALARIES AND EXPENSES

12 For necessary expenses of the National Security 

13 Council, including services as authorized by 5 U.S.C. 

14 3109, $9,029,000. 

15 OFFICE OF ADMINISTRATION

16 SALARIES AND EXPENSES

17 For necessary expenses of the Office of Administra18 tion, including services as authorized by 5 U.S.C. 3109 

19 and 3 U.S.C. 107, and hire of passenger motor vehicles, 

20 $95,633,000, of which $11,923,000 shall remain available 

21 until expended for continued modernization of the infor22 mation technology infrastructure within the Executive Of23 fice of the President. 
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1 OFFICE OF MANAGEMENT AND BUDGET

2 SALARIES AND EXPENSES

3 For necessary expenses of the Office of Management 

4 and Budget, including hire of passenger motor vehicles 

5 and services as authorized by 5 U.S.C. 3109 and to carry 

6 out the provisions of chapter 35 of title 44, United States 

7 Code, $80,172,000, of which not to exceed $3,000 shall 

8 be available for official representation expenses: Provided, 

9 That none of the funds appropriated in this Act for the 

10 Office of Management and Budget may be used for the 

11 purpose of reviewing any agricultural marketing orders or 

12 any activities or regulations under the provisions of the 

13 Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 

14 601 et seq.): Provided further, That none of the funds 

15 made available for the Office of Management and Budget 

16 by this Act may be expended for the altering of the tran17 script of actual testimony of witnesses, except for testi18 mony of officials of the Office of Management and Budget, 

19 before the Committees on Appropriations or their sub20 committees: Provided further, That none of the funds pro21 vided in this or prior Acts shall be used, directly or indi22 rectly, by the Office of Management and Budget, for eval23 uating or determining if water resource project or study 

24 reports submitted by the Chief of Engineers acting 

25 through the Secretary of the Army are in compliance with 
25 

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1 all applicable laws, regulations, and requirements relevant 

2 to the Civil Works water resource planning process: Pro3 vided further, That the Office of Management and Budget 

4 shall have not more than 60 days in which to perform 

5 budgetary policy reviews of water resource matters on 

6 which the Chief of Engineers has reported: Provided fur7 ther, That the Director of the Office of Management and 

8 Budget shall notify the appropriate authorizing and ap9 propriating committees when the 60-day review is initi10 ated: Provided further, That if water resource reports have 

11 not been transmitted to the appropriate authorizing and 

12 appropriating committees within 15 days after the end of 

13 the Office of Management and Budget review period based 

14 on the notification from the Director, Congress shall as15 sume Office of Management and Budget concurrence with 

16 the report and act accordingly. 

17 OFFICE OF NATIONAL DRUG CONTROL POLICY

18 SALARIES AND EXPENSES

19 For necessary expenses of the Office of National 

20 Drug Control Policy (ONDCP); for research activities 

21 pursuant to the Office of National Drug Control Policy 

22 Reauthorization Act of 2006 (Public Law 109–469); not 

23 to exceed $10,000 for official reception and representation 

24 expenses; and for participation in joint projects or in the 

25 provision of services on matters of mutual interest with 
26 

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1 nonprofit, research, or public organizations or agencies, 

2 with or without reimbursement, $27,900,000; of which 

3 $1,300,000 shall remain available until expended for pol4 icy research and evaluation: Provided, That of the funds 

5 provided under this heading, $500,000 shall be allocated 

6 for the National Academy of Public Administration to con7 duct an independent review of ONDCP’s grant-based pro8 grams: Provided further, That within 2 months after the 

9 date of enactment of this Act, the ONDCP shall contract 

10 with the National Academy of Public Administration for 

11 purposes as described in the previous proviso: Provided 

12 further, That the Office is authorized to accept, hold, ad13 minister, and utilize gifts, both real and personal, public 

14 and private, without fiscal year limitation, for the purpose 

15 of aiding or facilitating the work of the Office. 

16 COUNTERDRUG TECHNOLOGY ASSESSMENT CENTER

17 (INCLUDING TRANSFER OF FUNDS)

18 For necessary expenses for the Counterdrug Tech19 nology Assessment Center for research activities pursuant 

20 to the Office of National Drug Control Policy Reauthor21 ization Act of 2006 (Public Law 109–469), $5,000,000, 

22 which shall remain available until expended for counter23 narcotics research and development projects: Provided, 

24 That such amount shall be available for transfer to other 

25 Federal departments or agencies: Provided further, That 

26 the Office of National Drug Control Policy shall submit 
27 

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1 for approval by the Committees on Appropriations of the 

2 House of Representatives and the Senate, a detailed 

3 spending plan for the use of these funds no later than 

4 90 days after enactment of this Act. 

5 FEDERAL DRUG CONTROL PROGRAMS

6 HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

7 (INCLUDING TRANSFERS OF FUNDS)

8 For necessary expenses of the Office of National 

9 Drug Control Policy’s High Intensity Drug Trafficking 

10 Areas Program, $235,000,000, to remain available until 

11 September 30, 2010, for drug control activities consistent 

12 with the approved strategy for each of the designated 

13 High Intensity Drug Trafficking Areas, of which no less 

14 than 51 percent shall be transferred to State and local 

15 entities for drug control activities, which shall be obligated 

16 within 120 days after enactment of this Act: Provided, 

17 That up to 49 percent may be transferred to Federal 

18 agencies and departments at a rate to be determined by 

19 the Director, of which up to $2,100,000 may be used for 

20 auditing services and associated activities, and up to 

21 $250,000 of the $2,100,000 shall be used to ensure the 

22 continued operation and maintenance of the Performance 

23 Management System: Provided further, That High Inten24 sity Drug Trafficking Areas Programs designated as of 

25 September 30, 2008, shall be funded at no less than the 

26 fiscal year 2008 initial allocation levels (as revised by the 
28 

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1 letter from the Director of the Office of National Drug 

2 Control Policy to the Committees on Appropriations of the 

3 House of Representatives and the Senate dated April 8, 

4 2008) or $3,000,000, whichever is greater, unless the Di5 rector submits to the Committees on Appropriations of the 

6 House of Representatives and the Senate, and the Com7 mittees approve, justification for changes in those levels 

8 based on clearly articulated priorities for the High Inten9 sity Drug Trafficking Areas Programs, as well as pub10 lished Office of National Drug Control Policy performance 

11 measures of effectiveness: Provided further, That no High 

12 Intensity Drug Trafficking Area shall receive more than 

13 $47,457,447 as its fiscal year 2009 initial allocation level: 

14 Provided further, That, notwithstanding the requirements 

15 of Public Law 106–58, any unexpended funds obligated 

16 prior to fiscal year 2007 for programs addressing the 

17 treatment or prevention of drug use as part of the ap18 proved strategy for a designated High Intensity Drug 

19 Trafficking Area may be used for other approved activities 

20 of that High Intensity Drug Trafficking Area: Provided 

21 further, That the Office of National Drug Control Policy 

22 (ONDCP) shall submit recommendations for approval to 

23 the Committees on Appropriations for both the initial 

24 High-Intensity Drug Trafficking Area (HIDTA) alloca25 tion funding within 90 days after the enactment of this 
29 

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1 Act and the discretionary HIDTA funding, according to 

2 the framework proposed jointly by the HIDTA Directors 

3 and ONDCP, within 120 days after the enactment of this 

4 Act: Provided further, That within the discretionary fund5 ing amount, plans for use of such funds shall be subject 

6 to committee approval: Provided further, That at least 

7 $500,000 may be available for new counties. 

8 OTHER FEDERAL DRUG CONTROL PROGRAMS

9 (INCLUDING TRANSFER OF FUNDS)

10 For activities to support a national anti-drug cam11 paign for youth, and for other purposes, authorized by the 

12 Office of National Drug Control Policy Reauthorization 

13 Act of 2006 (Public Law 109–469), $204,250,000, to re14 main available until expended, of which the amounts are 

15 available as follows: $100,000,000 to support a national 

16 media campaign, of which $10,000,000 shall be des17 ignated for methamphetamine prevention messages: Pro18 vided, That the Office of National Drug Control Policy 

19 shall maintain funding for non-advertising services for the 

20 media campaign at no less than the fiscal year 2003 ratio 

21 of service funding to total funds and should continue the 

22 corporate outreach program; $90,000,000 to continue a 

23 program of matching grants to drug-free communities, of 

24 which $2,000,000 shall be made available as directed by 

25 section 4 of Public Law 107–82, as amended by Public 

26 Law 109–469 (21 U.S.C. 1521 note): Provided further, 
30 

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1 That, any grantee seeking a renewal grant (year 2 through 

2 5, or year 7 through 10), that is determined to be ineli3 gible or not entitled to continuation funding for any rea4 son, shall be afforded a fair, timely, and independent ap5 peal prior to the beginning of the subsequent funding year 

6 before being denied a renewal grant; $1,000,000 for the 

7 National Drug Court Institute; $9,600,000 for the United 

8 States Anti-Doping Agency for anti-doping activities; 

9 $1,900,000 for the United States membership dues to the 

10 World Anti-Doping Agency; $1,250,000 for the National 

11 Alliance for Model State Drug Laws; and $500,000 for 

12 evaluations and research related to National Drug Control 

13 Program performance measures: Provided further, That 

14 such funds may be transferred to other Federal depart15 ments and agencies to carry out such activities: Provided 

16 further, That of the amounts appropriated for a national 

17 media campaign, not to exceed 10 percent shall be for ad18 ministration, advertising production, research and testing, 

19 labor, and related costs of the national media campaign. 

20 UNANTICIPATED NEEDS

21 For expenses necessary to enable the President to 

22 meet unanticipated needs, in furtherance of the national 

23 interest, security, or defense which may arise at home or 

24 abroad during the current fiscal year, as authorized by 

25 3 U.S.C. 108, $1,000,000. 
31 

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1 PRESIDENTIAL TRANSITION ADMINISTRATIVE SUPPORT

2 For expenses of the Office of Administration to carry 

3 out the Presidential Transition Act of 1963, and similar 

4 expenses, in addition to amounts otherwise appropriated 

5 by law, $8,000,000: Provided, That such funds may be 

6 transferred to other accounts that provide funding for of7 fices within the Executive Office of the President and the 

8 Office of the Vice President in this Act or any other Act, 

9 to carry out such purposes. 

10 SPECIAL ASSISTANCE TO THE PRESIDENT

11 SALARIES AND EXPENSES

12 For necessary expenses to enable the Vice President 

13 to provide assistance to the President in connection with 

14 specially assigned functions; services as authorized by 5 

15 U.S.C. 3109 and 3 U.S.C. 106, including subsistence ex16 penses as authorized by 3 U.S.C. 106, which shall be ex17 pended and accounted for as provided in that section; and 

18 hire of passenger motor vehicles, $4,496,000. 

19 OFFICIAL RESIDENCE OF THE VICE PRESIDENT

20 OPERATING EXPENSES

21 (INCLUDING TRANSFER OF FUNDS)

22 For the care, operation, refurnishing, improvement, 

23 and to the extent not otherwise provided for, heating and 

24 lighting, including electric power and fixtures, of the offi25 cial residence of the Vice President; the hire of passenger 

26 motor vehicles; and not to exceed $90,000 for official en-
32 

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1 tertainment expenses of the Vice President, to be ac2 counted for solely on his certificate, $323,000: Provided, 

3 That advances or repayments or transfers from this ap4 propriation may be made to any department or agency for 

5 expenses of carrying out such activities. 

6 ADMINISTRATIVE PROVISIONS—EXECUTIVE OFFICE OF

7 THE PRESIDENT AND FUNDS APPROPRIATED TO

8 THE PRESIDENT

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 201. From funds made available in this Act 

11 under the headings ‘‘White House Office’’, ‘‘Executive 

12 Residence at the White House’’, ‘‘White House Repair and 

13 Restoration’’, ‘‘Council of Economic Advisors’’, ‘‘National 

14 Security Council’’, ‘‘Office of Administration’’, ‘‘Office of 

15 Policy Development’’, ‘‘Special Assistance to the Presi16 dent’’, and ‘‘Official Residence of the Vice President’’, the 

17 Director of the Office of Management and Budget (or 

18 such other officer as the President may designate in writ19 ing), may, 15 days after giving notice to the House and 

20 Senate Committees on Appropriations, transfer not to ex21 ceed 10 percent of any such appropriation to any other 

22 such appropriation, to be merged with and available for 

23 the same time and for the same purposes as the appropria24 tion to which transferred: Provided, That the amount of 

25 an appropriation shall not be increased by more than 50 
33 

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1 percent by such transfers: Provided further, That no 

2 amount shall be transferred from ‘‘Special Assistance to 

3 the President’’ or ‘‘Official Residence of the Vice Presi4 dent’’ without the approval of the Vice President. 

5 SEC. 202. The President shall submit to the Commit6 tees on Appropriations not later than 60 days after the 

7 date of the enactment of this Act, and prior to the initial 

8 obligation of funds appropriated under the heading ‘‘Of9 fice of National Drug Control Policy’’, a detailed narrative 

10 and financial plan on the proposed uses of all funds under 

11 the heading by program, project, and activity, for which 

12 the obligation of funds is anticipated: Provided, That up 

13 to 20 percent of funds appropriated under this heading 

14 may be obligated before the submission of the report sub15 ject to prior approval of the Committees on Appropria16 tions: Provided further, That the report shall be updated 

17 and submitted to the Committees on Appropriations every 

18 6 months and shall include information detailing how the 

19 estimates and assumptions contained in previous reports 

20 have changed: Provided further, That any new projects 

21 and changes in funding of ongoing projects shall be sub22 ject to the prior approval of the Committees on Appropria23 tions. 

24 SEC. 203. Not to exceed 2 percent of any appropria25 tions in this Act made available to the Office of National 
34 

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1 Drug Control Policy may be transferred between appro2 priated programs upon the advance approval of the Com3 mittees on Appropriations: Provided, That no transfer 

4 may increase or decrease any such appropriation by more 

5 than 3 percent. 

6 SEC. 204. Not to exceed $1,000,000 of any appro7 priations in this Act made available to the Office of Na8 tional Drug Control Policy may be reprogrammed within 

9 a program, project, or activity upon the advance approval 

10 of the Committees on Appropriations. 

11 SEC. 205. For fiscal year 2009 and thereafter, the 

12 Office of Management and Budget shall use funds pro13 vided under the heading ‘‘Office of Management and 

14 Budget, Salaries and Expenses’’ to pay the costs for the 

15 printing of a sufficient number of paper copies of the doc16 uments associated with the President’s annual budget re17 quest for submission to the Congress. 

18 This title may be cited as the ‘‘Executive Office of 

19 the President Appropriations Act, 2009’’. 

20 TITLE III 

21 THE JUDICIARY 

22 SUPREME COURT OF THE UNITED STATES

23 SALARIES AND EXPENSES

24 For expenses necessary for the operation of the Su25 preme Court, as required by law, excluding care of the 
35 

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1 building and grounds, including purchase or hire, driving, 

2 maintenance, and operation of an automobile for the Chief 

3 Justice, not to exceed $10,000 for the purpose of trans4 porting Associate Justices, and hire of passenger motor 

5 vehicles as authorized by 31 U.S.C. 1343 and 1344; not 

6 to exceed $10,000 for official reception and representation 

7 expenses; and for miscellaneous expenses, to be expended 

8 as the Chief Justice may approve, $69,776,000, of which 

9 $2,000,000 shall remain available until expended. 

10 CARE OF THE BUILDING AND GROUNDS

11 For such expenditures as may be necessary to enable 

12 the Architect of the Capitol to carry out the duties im13 posed upon the Architect by the Act approved May 7, 

14 1934 (40 U.S.C. 13a–13b), $18,447,000, which shall re15 main available until expended. 

16 UNITED STATES COURT OF APPEALS FOR THE FEDERAL

17 CIRCUIT

18 SALARIES AND EXPENSES

19 For salaries of the chief judge, judges, and other offi20 cers and employees, and for necessary expenses of the 

21 court, as authorized by law, $31,482,000. 

22 UNITED STATES COURT OF INTERNATIONAL TRADE

23 SALARIES AND EXPENSES

24 For salaries of the chief judge and eight judges, sala25 ries of the officers and employees of the court, services, 
36 

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1 and necessary expenses of the court, as authorized by law, 

2 $19,605,000. 

3 COURTS OF APPEALS, DISTRICT COURTS, AND OTHER

4 JUDICIAL SERVICES

5 SALARIES AND EXPENSES

6 For the salaries of circuit and district judges (includ7 ing judges of the territorial courts of the United States), 

8 justices and judges retired from office or from regular ac9 tive service, judges of the United States Court of Federal 

10 Claims, bankruptcy judges, magistrate judges, and all 

11 other officers and employees of the Federal Judiciary not 

12 otherwise specifically provided for, and necessary expenses 

13 of the courts, as authorized by law, $4,832,760,000 (in14 cluding the purchase of firearms and ammunition); of 

15 which not to exceed $27,817,000 shall remain available 

16 until expended for space alteration projects and for fur17 niture and furnishings related to new space alteration and 

18 construction projects. 

19 In addition, for expenses of the United States Court 

20 of Federal Claims associated with processing cases under 

21 the National Childhood Vaccine Injury Act of 1986 (Pub22 lic Law 99–660), not to exceed $4,253,000, to be appro23 priated from the Vaccine Injury Compensation Trust 

24 Fund. 
37 

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1 DEFENDER SERVICES

2 For the operation of Federal Defender organizations; 

3 the compensation and reimbursement of expenses of attor4 neys appointed to represent persons under section 3006A 

5 of title 18, United States Code, and also under section 

6 3599 of title 18, United States Code, in cases in which 

7 a defendant is charged with a crime that may be punish8 able by death; the compensation and reimbursement of ex9 penses of persons furnishing investigative, expert, and 

10 other services under section 3006A(e) of title 18, United 

11 States Code, and also under section 3599(f) and (g)(2) 

12 of title 18, United States Code, in cases in which a defend13 ant is charged with a crime that may be punishable by 

14 death; the compensation (in accordance with the maxi15 mums under section 3006A of title 18, United States 

16 Code) and reimbursement of expenses of attorneys ap17 pointed to assist the court in criminal cases where the de18 fendant has waived representation by counsel; the com19 pensation and reimbursement of travel expenses of guard20 ians ad litem acting on behalf of financially eligible minor 

21 or incompetent offenders in connection with transfers 

22 from the United States to foreign countries with which 

23 the United States has a treaty for the execution of penal 

24 sentences; the compensation and reimbursement of ex25 penses of attorneys appointed to represent jurors in civil 
38 

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1 actions for the protection of their employment, as author2 ized by 28 U.S.C. 1875(d); the compensation and reim3 bursement of expenses of attorneys appointed under 18 

4 U.S.C. 983 (b)(1) in connection with certain judicial civil 

5 forfeiture proceedings; and for necessary training and gen6 eral administrative expenses, $854,204,000, to remain 

7 available until expended. 

8 FEES OF JURORS AND COMMISSIONERS

9 For fees and expenses of jurors as authorized by 28 

10 U.S.C. 1871 and 1876; compensation of jury commis11 sioners as authorized by 28 U.S.C. 1863; and compensa12 tion of commissioners appointed in condemnation cases 

13 pursuant to rule 71A(h) of the Federal Rules of Civil Pro14 cedure (28 U.S.C. Appendix Rule 71A(h)), $62,206,000, 

15 to remain available until expended: Provided, That the 

16 compensation of land commissioners shall not exceed the 

17 daily equivalent of the highest rate payable under section 

18 5332 of title 5, United States Code. 

19 COURT SECURITY

20 (INCLUDING TRANSFERS OF FUNDS)

21 For necessary expenses, not otherwise provided for, 

22 incident to the provision of protective guard services for 

23 United States courthouses and other facilities housing 

24 Federal court operations, and the procurement, installa25 tion, and maintenance of security systems and equipment 

26 for United States courthouses and other facilities housing 
39 

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1 Federal court operations, including building ingress-egress 

2 control, inspection of mail and packages, directed security 

3 patrols, perimeter security, basic security services provided 

4 by the Federal Protective Service, and other similar activi5 ties as authorized by section 1010 of the Judicial Improve6 ment and Access to Justice Act (Public Law 100–702), 

7 $428,004,000, of which not to exceed $15,000,000 shall 

8 remain available until expended, to be expended directly 

9 or transferred to the United States Marshals Service, 

10 which shall be responsible for administering the Judicial 

11 Facility Security Program consistent with standards or 

12 guidelines agreed to by the Director of the Administrative 

13 Office of the United States Courts and the Attorney Gen14 eral. 

15 ADMINISTRATIVE OFFICE OF THE UNITED STATES

16 COURTS

17 SALARIES AND EXPENSES

18 For necessary expenses of the Administrative Office 

19 of the United States Courts as authorized by law, includ20 ing travel as authorized by 31 U.S.C. 1345, hire of a pas21 senger motor vehicle as authorized by 31 U.S.C. 1343(b), 

22 advertising and rent in the District of Columbia and else23 where, $79,049,000, of which not to exceed $8,500 is au24 thorized for official reception and representation expenses. 
40 

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1 FEDERAL JUDICIAL CENTER

2 SALARIES AND EXPENSES

3 For necessary expenses of the Federal Judicial Cen4 ter, as authorized by Public Law 90–219, $25,468,000; 

5 of which $1,800,000 shall remain available through Sep6 tember 30, 2010, to provide education and training to 

7 Federal court personnel; and of which not to exceed 

8 $1,500 is authorized for official reception and representa9 tion expenses. 

10 JUDICIAL RETIREMENT FUNDS

11 PAYMENT TO JUDICIARY TRUST FUNDS

12 For payment to the Judicial Officers’ Retirement 

13 Fund, as authorized by 28 U.S.C. 377(o), $65,340,000; 

14 to the Judicial Survivors’ Annuities Fund, as authorized 

15 by 28 U.S.C. 376(c), $6,600,000; and to the United 

16 States Court of Federal Claims Judges’ Retirement Fund, 

17 as authorized by 28 U.S.C. 178(l), $4,200,000. 

18 UNITED STATES SENTENCING COMMISSION

19 SALARIES AND EXPENSES

20 For the salaries and expenses necessary to carry out 

21 the provisions of chapter 58 of title 28, United States 

22 Code, $16,225,000, of which not to exceed $1,000 is au23 thorized for official reception and representation expenses. 
41 

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1 ADMINISTRATIVE PROVISIONS—THE JUDICIARY

2 (INCLUDING TRANSFER OF FUNDS)

3 SEC. 301. Appropriations and authorizations made in 

4 this title which are available for salaries and expenses shall 

5 be available for services as authorized by 5 U.S.C. 3109. 

6 SEC. 302. Not to exceed 5 percent of any appropria7 tion made available for the current fiscal year for the Judi8 ciary in this Act may be transferred between such appro9 priations, but no such appropriation, except ‘‘Courts of 

10 Appeals, District Courts, and Other Judicial Services, De11 fender Services’’ and ‘‘Courts of Appeals, District Courts, 

12 and Other Judicial Services, Fees of Jurors and Commis13 sioners’’, shall be increased by more than 10 percent by 

14 any such transfers: Provided, That any transfer pursuant 

15 to this section shall be treated as a reprogramming of 

16 funds under sections 604 and 608 of this Act and shall 

17 not be available for obligation or expenditure except in 

18 compliance with the procedures set forth in that section. 

19 SEC. 303. Notwithstanding any other provision of 

20 law, the salaries and expenses appropriation for ‘‘Courts 

21 of Appeals, District Courts, and Other Judicial Services’’ 

22 shall be available for official reception and representation 

23 expenses of the Judicial Conference of the United States: 

24 Provided, That such available funds shall not exceed 

25 $11,000 and shall be administered by the Director of the 
42 

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1 Administrative Office of the United States Courts in the 

2 capacity as Secretary of the Judicial Conference. 

3 SEC. 304. Within 90 days after the date of the enact4 ment of this Act, the Administrative Office of the U.S. 

5 Courts shall submit to the Committees on Appropriations 

6 a comprehensive financial plan for the Judiciary allocating 

7 all sources of available funds including appropriations, fee 

8 collections, and carryover balances, to include a separate 

9 and detailed plan for the Judiciary Information Tech10 nology fund. 

11 SEC. 305. Section 3314(a) of title 40, United States 

12 Code, shall be applied by substituting ‘‘Federal’’ for ‘‘exec13 utive’’ each place it appears. 

14 SEC. 306. In accordance with 28 U.S.C. 561–569, 

15 and notwithstanding any other provision of law, the 

16 United States Marshals Service shall provide, for such 

17 courthouses as its Director may designate in consultation 

18 with the Director of the Administrative Office of the 

19 United States Courts, for purposes of a pilot program, the 

20 security services that 40 U.S.C. 1315 authorizes the De21 partment of Homeland Security to provide, except for the 

22 services specified in 40 U.S.C. 1315(b)(2)(E). For build23 ing-specific security services at these courthouses, the Di24 rector of the Administrative Office of the United States 
43 

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1 Courts shall reimburse the United States Marshals Service 

2 rather than the Department of Homeland Security. 

3 SEC. 307. (a). IN GENERAL.—Section 604(a)(5) of 

4 title 28, United States Code, is amended by striking 

5 ‘‘magistrate judges appointed under section 631 of this 

6 title,’’ and inserting the following: ‘‘, United States mag7 istrate judges, bankruptcy judges appointed under chapter 

8 6 of this title, judges of the District Court of Guam, 

9 judges of the District Court for the Northern Mariana Is10 lands, judges of the District Court of the Virgin Islands, 

11 bankruptcy judges and magistrate judges retired under 

12 section 377 of this title, and judges retired under section 

13 373 of this title, who are’’. 

14 (b) CONSTRUCTION.—For purposes of construing 

15 and applying chapter 87 of title 5, United States Code, 

16 including any adjustment of insurance rates by regulation 

17 or otherwise, the following categories of judicial officers 

18 shall be deemed to be judges of the United States as de19 scribed under section 8701 of title 5, United States Code: 

20 (1) United States magistrate judges. 

21 (2) Bankruptcy judges appointed under chapter 

22 6 of title 28, United States Code. 

23 (3) Judges of the District Court of Guam, 

24 judges of the District Court for the Northern Mar-
44 

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1 iana Islands, and judges of the District Court of the 

2 Virgin Islands. 

3 (4) Bankruptcy judges and magistrate judges 

4 retired under section 377 of title 28, United States 

5 Code. 

6 (5) Judges retired under section 373 of title 28, 

7 United States Code. 

8 (c) EFFECTIVE DATE.—Subsection (b) and the 

9 amendment made by subsection (a) shall apply with re10 spect to any payment made on or after the first day of 

11 the first applicable pay period beginning on or after the 

12 date of the enactment of Public Law 110–177. 

13 SEC. 308. Subsection (c) of section 407 of the Trans14 portation, Treasury, Housing and Urban Development, 

15 the Judiciary, the District of Columbia, and Independent 

16 Agencies Appropriations Act, 2006 (division A, title IV, 

17 of Public Law 109–115; 119 Stat. 2396, 2471) is re18 pealed. 

19 SEC. 309. Section 3672 of title 18, United States 

20 Code, is amended in the fourth sentence in the seventh 

21 undesignated paragraph— 

22 (1) by inserting ‘‘to expend funds or’’ after ‘‘He 

23 also shall have the authority’’; and 

24 (2) by striking ‘‘this Act’’ and inserting ‘‘this 

25 paragraph’’. 
45 

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1 SEC. 310. Pursuant to section 140 of Public Law 97– 

2 92, and from funds appropriated in this Act, Justices and 

3 judges of the United States are authorized during fiscal 

4 year 2009, to receive a salary adjustment in accordance 

5 with 28 U.S.C. 461. 

6 This title may be cited as the ‘‘Judiciary Appropria7 tions Act, 2009’’. 

8 TITLE IV 

9 DISTRICT OF COLUMBIA 

10 FEDERAL FUNDS

11 FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

12 For a Federal payment to the District of Columbia, 

13 to be deposited into a dedicated account, for a nationwide 

14 program to be administered by the Mayor, for District of 

15 Columbia resident tuition support, $35,100,000, to remain 

16 available until expended: Provided, That such funds, in17 cluding any interest accrued thereon, may be used on be18 half of eligible District of Columbia residents to pay an 

19 amount based upon the difference between in-State and 

20 out-of-State tuition at public institutions of higher edu21 cation, or to pay up to $2,500 each year at eligible private 

22 institutions of higher education: Provided further, That the 

23 awarding of such funds may be prioritized on the basis 

24 of a resident’s academic merit, the income and need of 

25 eligible students and such other factors as may be author-
46 

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1 ized: Provided further, That the District of Columbia gov2 ernment shall maintain a dedicated account for the Resi3 dent Tuition Support Program that shall consist of the 

4 Federal funds appropriated to the Program in this Act 

5 and any subsequent appropriations, any unobligated bal6 ances from prior fiscal years, and any interest earned in 

7 this or any fiscal year: Provided further, That the account 

8 shall be under the control of the District of Columbia 

9 Chief Financial Officer, who shall use those funds solely 

10 for the purposes of carrying out the Resident Tuition Sup11 port Program: Provided further, That the Office of the 

12 Chief Financial Officer shall provide a quarterly financial 

13 report to the Committees on Appropriations of the House 

14 of Representatives and the Senate for these funds show15 ing, by object class, the expenditures made and the pur16 pose therefor: Provided further, That not more than 7 per17 cent of the total amount appropriated for this program 

18 may be used for administrative expenses. 

19 FEDERAL PAYMENT FOR EMERGENCY PLANNING AND

20 SECURITY COSTS IN THE DISTRICT OF COLUMBIA

21 For a Federal payment of necessary expenses, as de22 termined by the Mayor of the District of Columbia in writ23 ten consultation with the elected county or city officials 

24 of surrounding jurisdictions, $15,400,000, to remain 

25 available until expended and in addition any funds that 

26 remain available from prior year appropriations under this 
47 

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1 heading for the District of Columbia Government, of 

2 which $15,000,000 is for the costs of providing public 

3 safety at events related to the presence of the national 

4 capital in the District of Columbia, for the costs of pro5 viding support requested by the Director of the United 

6 States Secret Service Division in carrying out their protec7 tive duties under the direction of the Secretary of Home8 land Security, and for the costs of providing support to 

9 respond to immediate and specific terrorist threats or at10 tacks in the District of Columbia or surrounding jurisdic11 tions; and of which $400,000 is for the District of Colum12 bia National Guard retention and college access program. 

13 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

14 COURTS

15 For salaries and expenses for the District of Colum16 bia Courts, $251,625,000 to be allocated as follows: for 

17 the District of Columbia Court of Appeals, $13,983,000, 

18 of which not to exceed $1,500 is for official reception and 

19 representation expenses; for the District of Columbia Su20 perior Court, $110,135,000, of which not to exceed $1,500 

21 is for official reception and representation expenses; for 

22 the District of Columbia Court System, $57,002,000, of 

23 which not to exceed $1,500 is for official reception and 

24 representation expenses; and $70,505,000, to remain 

25 available until September 30, 2010, for capital improve26 ments for District of Columbia courthouse facilities, in-
48 

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1 cluding structural improvements to the District of Colum2 bia cell block at the Moultrie Courthouse: Provided, That 

3 notwithstanding any other provision of law, a single con4 tract or related contracts for development and construc5 tion of facilities may be employed which collectively include 

6 the full scope of the project: Provided further, That the 

7 solicitation and contract shall contain the clause ‘‘avail8 ability of Funds’’ found at 48 CFR 52.232–18: Provided 

9 further, That funds made available for capital improve10 ments shall be expended consistent with the General Serv11 ices Administration (GSA) master plan study and building 

12 evaluation report: Provided further, That notwithstanding 

13 any other provision of law, all amounts under this heading 

14 shall be apportioned quarterly by the Office of Manage15 ment and Budget and obligated and expended in the same 

16 manner as funds appropriated for salaries and expenses 

17 of other Federal agencies, with payroll and financial serv18 ices to be provided on a contractual basis with the GSA, 

19 and such services shall include the preparation of monthly 

20 financial reports, copies of which shall be submitted di21 rectly by GSA to the President and to the Committees 

22 on Appropriations of the House of Representatives and the 

23 Senate, the Committee on Oversight and Government Re24 form of the House of Representatives, and the Committee 

25 on Homeland Security and Governmental Affairs of the 
49 

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1 Senate: Provided further, That 30 days after providing 

2 written notice to the Committees on Appropriations of the 

3 House of Representatives and the Senate, the District of 

4 Columbia Courts may reallocate not more than 

5 $1,000,000 of the funds provided under this heading 

6 among the items and entities funded under this heading 

7 for operations, and not more than 4 percent of the funds 

8 provided under this heading for facilities. 

9 DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS

10 For payments authorized under section 11–2604 and 

11 section 11–2605, D.C. Official Code (relating to represen12 tation provided under the District of Columbia Criminal 

13 Justice Act), payments for counsel appointed in pro14 ceedings in the Family Court of the Superior Court of the 

15 District of Columbia under chapter 23 of title 16, D.C. 

16 Official Code, or pursuant to contractual agreements to 

17 provide guardian ad litem representation, training, tech18 nical assistance, and such other services as are necessary 

19 to improve the quality of guardian ad litem representation, 

20 payments for counsel appointed in adoption proceedings 

21 under chapter 3 of title 16, D.C. Code, and payments for 

22 counsel authorized under section 21–2060, D.C. Official 

23 Code (relating to representation provided under the Dis24 trict of Columbia Guardianship, Protective Proceedings, 

25 and Durable Power of Attorney Act of 1986), 

26 $52,475,000, to remain available until expended: Pro-
50 

S 3260 PCS 

1 vided, That the funds provided in this Act under the head2 ing ‘‘Federal Payment to the District of Columbia Courts’’ 

3 (other than the $70,505,000 provided under such heading 

4 for capital improvements for District of Columbia court5 house facilities) may also be used for payments under this 

6 heading: Provided further, That in addition to the funds 

7 provided under this heading, the Joint Committee on Ju8 dicial Administration in the District of Columbia may use 

9 funds provided in this Act under the heading ‘‘Federal 

10 Payment to the District of Columbia Courts’’ (other than 

11 the $70,505,000 provided under such heading for capital 

12 improvements for District of Columbia courthouse facili13 ties), to make payments described under this heading for 

14 obligations incurred during any fiscal year: Provided fur15 ther, That funds provided under this heading shall be ad16 ministered by the Joint Committee on Judicial Adminis17 tration in the District of Columbia: Provided further, That 

18 notwithstanding any other provision of law, this appro19 priation shall be apportioned quarterly by the Office of 

20 Management and Budget and obligated and expended in 

21 the same manner as funds appropriated for expenses of 

22 other Federal agencies, with payroll and financial services 

23 to be provided on a contractual basis with the General 

24 Services Administration (GSA), and such services shall in25 clude the preparation of monthly financial reports, copies 
51 

S 3260 PCS 

1 of which shall be submitted directly by GSA to the Presi2 dent and to the Committees on Appropriations of the 

3 House of Representatives and the Senate, the Committee 

4 on Oversight and Government Reform of the House of 

5 Representatives, and the Committee on Homeland Secu6 rity and Governmental Affairs of the Senate. 

7 FEDERAL PAYMENT TO THE COURT SERVICES AND OF8 FENDER SUPERVISION AGENCY FOR THE DISTRICT

9 OF COLUMBIA

10 For salaries and expenses, including the transfer and 

11 hire of motor vehicles, of the Court Services and Offender 

12 Supervision Agency for the District of Columbia, as au13 thorized by the National Capital Revitalization and Self14 Government Improvement Act of 1997, $203,490,000, of 

15 which not to exceed $2,000 is for official reception and 

16 representation expenses related to Community Supervision 

17 and Pretrial Services Agency programs; of which not to 

18 exceed $25,000 is for dues and assessments relating to 

19 the implementation of the Court Services and Offender 

20 Supervision Agency Interstate Supervision Act of 2002; 

21 of which not to exceed $400,000 for the Community Su22 pervision Program and $160,000 for the Pretrial Services 

23 Program, both to remain available until September 30, 

24 2010, are for information technology infrastructure en25 hancement acquisitions; of which $148,652,000 shall be 

26 for necessary expenses of Community Supervision and Sex 
52 

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1 Offender Registration, to include expenses relating to the 

2 supervision of adults subject to protection orders or the 

3 provision of services for or related to such persons; of 

4 which $54,838,000 shall be available to the Pretrial Serv5 ices Agency: Provided, That notwithstanding any other 

6 provision of law, all amounts under this heading shall be 

7 apportioned quarterly by the Office of Management and 

8 Budget and obligated and expended in the same manner 

9 as funds appropriated for salaries and expenses of other 

10 Federal agencies: Provided further, That not less than 

11 $2,000,000 shall be available for re-entrant housing in the 

12 District of Columbia: Provided further, That the Director 

13 is authorized to accept and use gifts in the form of in14 kind contributions of space and hospitality to support of15 fender and defendant programs, and equipment and voca16 tional training services to educate and train offenders and 

17 defendants: Provided further, That the Director shall keep 

18 accurate and detailed records of the acceptance and use 

19 of any gift or donation under the previous proviso, and 

20 shall make such records available for audit and public in21 spection: Provided further, That the Court Services and 

22 Offender Supervision Agency Director is authorized to ac23 cept and use reimbursement from the District of Columbia 

24 Government for space and services provided on a cost re25 imbursable basis. 
53 

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1 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

2 PUBLIC DEFENDER SERVICE

3 For salaries and expenses, including the transfer and 

4 hire of motor vehicles, of the District of Columbia Public 

5 Defender Service, as authorized by the National Capital 

6 Revitalization and Self-Government Improvement Act of 

7 1997, $35,659,000: Provided, That notwithstanding any 

8 other provision of law, all amounts under this heading 

9 shall be apportioned quarterly by the Office of Manage10 ment and Budget and obligated and expended in the same 

11 manner as funds appropriated for salaries and expenses 

12 of Federal agencies: Provided further, That for fiscal year 

13 2009 and thereafter, the Public Defender Service is au14 thorized to charge fees to cover costs of materials distrib15 uted and training provided to attendees of educational 

16 events, including conferences, sponsored by the Public De17 fender Service, and notwithstanding 31 U.S.C. 3302, such 

18 fees shall be credited to this account, to be available until 

19 expended without further appropriation. 

20 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

21 WATER AND SEWER AUTHORITY

22 For a Federal payment to the District of Columbia 

23 Water and Sewer Authority, $16,000,000, to remain avail24 able until expended, to continue implementation of the 

25 Combined Sewer Overflow Long-Term Plan: Provided, 
54 

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1 That the District of Columbia Water and Sewer Authority 

2 provides a 50 percent match for this payment. 

3 FEDERAL PAYMENT TO THE CRIMINAL JUSTICE

4 COORDINATING COUNCIL

5 For a Federal payment to the Criminal Justice Co6 ordinating Council, $1,774,000, to remain available until 

7 expended, to support initiatives related to the coordination 

8 of Federal and local criminal justice resources in the Dis9 trict of Columbia. 

10 FEDERAL PAYMENT TO THE OFFICE OF THE CHIEF

11 FINANCIAL OFFICER OF THE DISTRICT OF COLUMBIA

12 For a Federal payment to the Office of the Chief Fi13 nancial Officer of the District of Columbia, $5,000,000: 

14 Provided, That each entity that receives funding under 

15 this heading shall submit a detailed budget and com16 prehensive description to the Office of the Chief Financial 

17 Officer of the District of Columbia (CFO) and to the Com18 mittees on Appropriations of the House of Representatives 

19 and the Senate no later than June 1, 2009 on the activi20 ties to be carried out with such funds. 

21 FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT

22 For a Federal payment for a school improvement pro23 gram in the District of Columbia, $54,000,000, to be allo24 cated as follows: for the District of Columbia Public 

25 Schools, $20,000,000 to improve public school education 

26 in the District of Columbia; for the State Education Of-
55 

S 3260 PCS 

1 fice, $20,000,000 to expand quality public charter schools 

2 in the District of Columbia, to remain available until ex3 pended; for the Secretary of the Department of Education, 

4 $14,000,000 to provide opportunity scholarships for stu5 dents in the District of Columbia in accordance with divi6 sion C, title III of the District of Columbia Appropriations 

7 Act, 2004 (Public Law 108–199; 118 Stat. 126), of which 

8 up to $1,000,000 may be used to administer and fund as9 sessments: Provided, That none of the funds provided in 

10 this Act or any other Act for opportunity scholarships may 

11 be used by an eligible student to enroll in a participating 

12 school under the D.C. School Choice Incentive Act of 2003 

13 unless (1) the participating school has and maintains a 

14 valid certificate of occupancy issued by the District of Co15 lumbia; and (2) the core subject matter teachers of the 

16 eligible student hold 4-year bachelor’s degrees: Provided 

17 further, That use of any funds in this Act or any other 

18 Act for opportunity scholarships after school year 2009– 

19 2010 shall only be available upon enactment of reauthor20 ization of that program by Congress and the adoption of 

21 legislation by the District of Columbia approving such re22 authorization. 

23 FEDERAL PAYMENT FOR CONSOLIDATED LABORATORY

24 FACILITY

25 For a Federal payment to the District of Columbia, 

26 $21,000,000, to remain available until September 30, 
56 

S 3260 PCS 

1 2010, for costs associated with the construction of a con2 solidated bioterrorism and forensics laboratory: Provided, 

3 That the District of Columbia provides a 100 percent 

4 match for this payment. 

5 FEDERAL PAYMENT TO JUMP START PUBLIC SCHOOL

6 REFORM

7 For a Federal payment to jump start public school 

8 reform in the District of Columbia, $20,000,000, of which 

9 $3,500,000 is to support the recruitment, development 

10 and training of principals and other school leaders; 

11 $7,000,000 is to develop optimal school programs and in12 tervene in low performing schools; $7,500,000 is for a cus13 tomized data reporting and accountability system on stu14 dent performance as well as increased outreach and train15 ing for parents and community members; and $2,000,000 

16 is to support data reporting requirements associated with 

17 the District of Columbia Public Schools teacher incentive 

18 program: Provided, That up to $500,000 or 10 percent, 

19 whichever is less, of the amounts above may be transferred 

20 as necessary from one activity to another activity: Pro21 vided further, That the President and the Committees on 

22 Appropriations of the House of Representatives and the 

23 Senate are notified in writing 15 days in advance of the 

24 transfer: Provided further, That any amount provided 

25 under this heading shall be available only after such 
57 

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1 amount has been apportioned pursuant to chapter 15 of 

2 title 31, United States Code. 

3 FEDERAL PAYMENT FOR CENTRAL LIBRARY AND BRANCH

4 LOCATIONS

5 For a Federal payment to the District of Columbia, 

6 $7,000,000, to remain available until expended, for the 

7 Federal contribution for costs associated with the renova8 tion and rehabilitation of District libraries. 

9 FEDERAL PAYMENT TO THE EXECUTIVE OFFICE OF THE

10 MAYOR OF THE DISTRICT OF COLUMBIA

11 For a Federal payment to the Executive Office of the 

12 Mayor of the District of Columbia to enhance the quality 

13 of life for District residents, $3,500,000, of which 

14 $1,250,000 shall be available as Federal matching funds 

15 to temporarily continue benefits for low-income couples 

16 who decide to marry, and $2,250,000 of which shall be 

17 to continue Marriage Development Accounts in the Dis18 trict of Columbia: Provided, That no funds shall be ex19 pended until the Mayor of the District of Columbia sub20 mits a detailed expenditure plan, including performance 

21 measures, to the Committees on Appropriations of the 

22 House of Representatives and the Senate: Provided fur23 ther, That the District submit a preliminary progress re24 port on activities no later than June 1, 2009, and a final 

25 report including a detailed description of outcomes 

26 achieved no later than February 1, 2010. 
58 

S 3260 PCS 

1 DISTRICT OF COLUMBIA FUNDS

2 The following amounts are appropriated for the Dis3 trict of Columbia for the current fiscal year out of the 

4 General Fund of the District of Columbia (‘‘General 

5 Fund’’), except as otherwise specifically provided: Pro6 vided, That notwithstanding any other provision of law, 

7 except as provided in section 450A of the District of Co8 lumbia Home Rule Act, approved November 2, 2000 (114 

9 Stat. 2440; D.C. Official Code, section 1–204.50a) and 

10 provisions of this Act, the total amount appropriated in 

11 this Act for operating expenses for the District of Colum12 bia for fiscal year 2009 under this heading shall not ex13 ceed the lesser of the sum of the total revenues of the 

14 District of Columbia for such fiscal year or 

15 $10,011,231,000 (of which $6,203,795,000 shall be from 

16 local funds, (including $441,319,000 from dedicated 

17 taxes), $2,177,373,000 shall be from Federal grant funds, 

18 $1,623,754,000 shall be from other funds, and $6,310,000 

19 shall be from private funds), in addition, $178,774,000 

20 from funds previously appropriated in this Act as Federal 

21 payments: Provided further, That of the local funds, such 

22 amounts as may be necessary may be derived from the 

23 District’s General Fund balance: Provided further, That 

24 of these funds the District’s intradistrict authority shall 

25 be $725,461,000: in addition for capital construction 
59 

S 3260 PCS 

1 projects, an increase of $1,482,977,000, of which 

2 $1,121,734,000 shall be from local funds, $60,708,000 

3 from the District of Columbia Highway Trust fund, 

4 $107,794,000 from the Local Street Maintenance fund, 

5 $192,741,000 from Federal grant funds, and a rescission 

6 of $353,447,000 from local funds and a rescission of 

7 $37,500,000 from Local Street Maintenance funds appro8 priated under this heading in prior fiscal years for a net 

9 amount of $1,092,030,000, to remain available until ex10 pended: Provided further, That the amounts provided 

11 under this heading are to be available, allocated and ex12 pended as proposed under ‘‘Title III—District of Colum13 bia Funds Division of Expenses’’ of the Fiscal Year 2009 

14 Proposed Budget and Financial Plan submitted to the 

15 Congress of the United States by the District of Columbia 

16 on June 9, 2008 and such title is hereby incorporated by 

17 reference as though set forth fully herein: Provided fur18 ther, That this amount may be increased by proceeds of 

19 one-time transactions, which are expended for emergency 

20 or unanticipated operating or capital needs: Provided fur21 ther, That such increases shall be approved by enactment 

22 of local District law and shall comply with all reserve re23 quirements contained in the District of Columbia Home 

24 Rule Act approved December 24, 1973 (87 Stat. 777; 

25 D.C. Official Code § 1–201.01 et seq.), as amended by this 
60 

S 3260 PCS 

1 Act: Provided further, That the Chief Financial Officer of 

2 the District of Columbia shall take such steps as are nec3 essary to assure that the District of Columbia meets these 

4 requirements, including the apportioning by the Chief Fi5 nancial Officer of the appropriations and funds made 

6 available to the District during fiscal year 2009, except 

7 that the Chief Financial Officer may not reprogram for 

8 operating expenses any funds derived from bonds, notes, 

9 or other obligations issued for capital projects. 

10 This title may be cited as the ‘‘District of Columbia 

11 Appropriations Act, 2009’’. 

12 TITLE V 

13 INDEPENDENT AGENCIES 

14 CHRISTOPHER COLUMBUS FELLOWSHIP FOUNDATION

15 SALARIES AND EXPENSES

16 For payment to the Christopher Columbus Fellow17 ship Foundation, established by section 423 of Public Law 

18 102–281, $1,000,000, to remain available until expended. 

19 COMMODITY FUTURES TRADING COMMISSION

20 SALARIES AND EXPENSES

21 For necessary expenses to carry out the provisions 

22 of the Commodity Exchange Act (7 U.S.C. 1 et seq.), in23 cluding the purchase and hire of passenger motor vehicles, 

24 and the rental of space (to include multiple year leases) 

25 in the District of Columbia and elsewhere, $157,000,000, 
61 

S 3260 PCS 

1 including not to exceed $3,000 for official reception and 

2 representation expenses. 

3 CONSUMER PRODUCT SAFETY COMMISSION

4 SALARIES AND EXPENSES

5 For necessary expenses of the Consumer Product 

6 Safety Commission (CPSC), including hire of passenger 

7 motor vehicles, services as authorized by 5 U.S.C. 3109, 

8 but at rates for individuals not to exceed the per diem 

9 rate equivalent to the maximum rate payable under 5 

10 U.S.C. 5376, purchase of nominal awards to recognize 

11 non-Federal officials’ contributions to Commission activi12 ties, and not to exceed $1,000 for official reception and 

13 representation expenses, $95,000,000: Provided, That 

14 $6,000,000 shall remain available for obligation until Sep15 tember 30, 2011 for costs associated with the relocation 

16 of CPSC’s laboratory to a modern facility and the upgrade 

17 of laboratory equipment. 

18 ELECTION ASSISTANCE COMMISSION

19 SALARIES AND EXPENSES

20 (INCLUDING TRANSFER OF FUNDS)

21 For necessary expenses to carry out the Help Amer22 ica Vote Act of 2002, $16,679,000, of which $4,000,000 

23 shall be transferred to the National Institute of Standards 

24 and Technology for election reform activities authorized 

25 under the Help America Vote Act of 2002. 
62 

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1 FEDERAL COMMUNICATIONS COMMISSION

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses of the Federal Communica5 tions Commission, as authorized by law, including uni6 forms and allowances therefor, as authorized by 5 U.S.C. 

7 5901–5902; not to exceed $4,000 for official reception and 

8 representation expenses; purchase and hire of motor vehi9 cles; special counsel fees; and services as authorized by 

10 5 U.S.C. 3109, $341,875,000: Provided, That 

11 $341,875,000 of offsetting collections shall be assessed 

12 and collected pursuant to section 9 of title I of the Com13 munications Act of 1934, shall be retained and used for 

14 necessary expenses in this appropriation, and shall remain 

15 available until expended: Provided further, That the sum 

16 herein appropriated shall be reduced as such offsetting 

17 collections are received during fiscal year 2009 so as to 

18 result in a final fiscal year 2009 appropriation estimated 

19 at $0: Provided further, That any offsetting collections re20 ceived in excess of $341,875,000 in fiscal year 2009 shall 

21 not be available for obligation: Provided further, That re22 maining offsetting collections from prior years collected in 

23 excess of the amount specified for collection in each such 

24 year and otherwise becoming available on October 1, 2008, 

25 shall not be available for obligation: Provided further, That 

26 notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from 
63 

S 3260 PCS 

1 the use of a competitive bidding system that may be re2 tained and made available for obligation shall not exceed 

3 $85,000,000 for fiscal year 2009: Provided further, That, 

4 in addition, not to exceed $25,480,000 may be transferred 

5 from the Universal Service Fund in fiscal year 2009 to 

6 remain available until expended, to monitor the Universal 

7 Service Fund program to prevent and remedy waste, fraud 

8 and abuse, and to conduct audits and investigations by 

9 the Office of Inspector General. 

10 ADMINISTRATIVE PROVISIONS—FEDERAL

11 COMMUNICATIONS COMMISSION

12 SEC. 501. Section 302 of the Universal Service 

13 Antideficiency Temporary Suspension Act is amended by 

14 striking ‘‘December 31, 2008’’, each place it appears and 

15 inserting ‘‘December 31, 2009’’. 

16 SEC. 502. None of the funds appropriated by this Act 

17 may be used by the Federal Communications Commission 

18 to modify, amend, or change its rules or regulations for 

19 universal service support payments to implement the Feb20 ruary 27, 2004 recommendations of the Federal-State 

21 Joint Board on Universal Service regarding single connec22 tion or primary line restrictions on universal service sup23 port payments. 

24 SEC. 503. Of the funds provided, not less than 

25 $3,000,000 shall be available to establish and administer 

26 a State Broadband Data and Development matching 
64 

S 3260 PCS 

1 grants program for State-level broadband demand aggre2 gation activities and creation of geographic inventory 

3 maps of broadband service to identify gaps in service and 

4 provide a baseline assessment of statewide broadband de5 ployment. 

6 FEDERAL DEPOSIT INSURANCE CORPORATION

7 OFFICE OF INSPECTOR GENERAL

8 For necessary expenses of the Office of Inspector 

9 General in carrying out the provisions of the Inspector 

10 General Act of 1978, $27,495,000, to be derived from the 

11 Deposit Insurance Fund and the FSLIC Resolution Fund. 

12 FEDERAL ELECTION COMMISSION

13 SALARIES AND EXPENSES

14 For necessary expenses to carry out the provisions 

15 of the Federal Election Campaign Act of 1971, 

16 $63,618,000, of which not to exceed $5,000 shall be avail17 able for reception and representation expenses. 

18 FEDERAL LABOR RELATIONS AUTHORITY

19 SALARIES AND EXPENSES

20 For necessary expenses to carry out functions of the 

21 Federal Labor Relations Authority, pursuant to Reorga22 nization Plan Numbered 2 of 1978, and the Civil Service 

23 Reform Act of 1978, including services authorized by 5 

24 U.S.C. 3109, and including hire of experts and consult25 ants, hire of passenger motor vehicles, and rental of con-
65 

S 3260 PCS 

1 ference rooms in the District of Columbia and elsewhere, 

2 $22,674,000: Provided, That public members of the Fed3 eral Service Impasses Panel may be paid travel expenses 

4 and per diem in lieu of subsistence as authorized by law 

5 (5 U.S.C. 5703) for persons employed intermittently in 

6 the Government service, and compensation as authorized 

7 by 5 U.S.C. 3109: Provided further, That notwithstanding 

8 31 U.S.C. 3302, funds received from fees charged to non9 Federal participants at labor-management relations con10 ferences shall be credited to and merged with this account, 

11 to be available without further appropriation for the costs 

12 of carrying out these conferences. 

13 FEDERAL TRADE COMMISSION

14 SALARIES AND EXPENSES

15 For necessary expenses of the Federal Trade Com16 mission, including uniforms or allowances therefor, as au17 thorized by 5 U.S.C. 5901–5902; services as authorized 

18 by 5 U.S.C. 3109; hire of passenger motor vehicles; and 

19 not to exceed $2,000 for official reception and representa20 tion expenses, $256,200,000, to remain available until ex21 pended: Provided, That not to exceed $300,000 shall be 

22 available for use to contract with a person or persons for 

23 collection services in accordance with the terms of 31 

24 U.S.C. 3718: Provided further, That, notwithstanding any 

25 other provision of law, not to exceed $168,000,000 of off-
66 

S 3260 PCS 

1 setting collections derived from fees collected for 

2 premerger notification filings under the Hart-Scott-Ro3 dino Antitrust Improvements Act of 1976 (15 U.S.C. 

4 18a), regardless of the year of collection, shall be retained 

5 and used for necessary expenses in this appropriation: 

6 Provided further, That, notwithstanding any other provi7 sion of law, not to exceed $19,300,000 in offsetting collec8 tions derived from fees sufficient to implement and enforce 

9 the Telemarketing Sales Rule, promulgated under the 

10 Telemarketing and Consumer Fraud and Abuse Preven11 tion Act (15 U.S.C. 6101 et seq.), shall be credited to this 

12 account, and be retained and used for necessary expenses 

13 in this appropriation: Provided further, That the sum here14 in appropriated from the general fund shall be reduced 

15 as such offsetting collections are received during fiscal 

16 year 2009, so as to result in a final fiscal year 2009 appro17 priation from the general fund estimated at not more than 

18 $68,900,000: Provided further, That none of the funds 

19 made available to the Federal Trade Commission may be 

20 used to implement subsection (e)(2)(B) of section 43 of 

21 the Federal Deposit Insurance Act (12 U.S.C. 1831t). 
67 

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1 GENERAL SERVICES ADMINISTRATION

2 REAL PROPERTY ACTIVITIES

3 FEDERAL BUILDINGS FUND

4 LIMITATIONS ON AVAILABILITY OF REVENUE

5 For an additional amount to be deposited in the Fed6 eral Buildings Fund, $671,872,000. Amounts in the 

7 Fund, including revenues and collections deposited into 

8 the Fund, shall be available for necessary expenses of real 

9 property management and related activities not otherwise 

10 provided for, including operation, maintenance, and pro11 tection of federally owned and leased buildings; rental of 

12 buildings in the District of Columbia; restoration of leased 

13 premises; moving governmental agencies (including space 

14 adjustments and telecommunications relocation expenses) 

15 in connection with the assignment, allocation, and transfer 

16 of space; contractual services incident to cleaning or serv17 icing buildings, and moving; repair and alteration of feder18 ally owned buildings including grounds, approaches and 

19 appurtenances; care and safeguarding of sites; mainte20 nance, preservation, demolition, and equipment; acquisi21 tion of buildings and sites by purchase, condemnation, or 

22 as otherwise authorized by law; acquisition of options to 

23 purchase buildings and sites; conversion and extension of 

24 federally owned buildings; preliminary planning and de25 sign of projects by contract or otherwise; construction of 

26 new buildings (including equipment for such buildings); 
68 

S 3260 PCS 

1 and payment of principal, interest, and any other obliga2 tions for public buildings acquired by installment purchase 

3 and purchase contract; in the aggregate amount of 

4 $8,524,445,000, of which: (1) $766,991,000 shall remain 

5 available until expended for construction (including funds 

6 for sites and expenses and associated design and construc7 tion services) of additional projects at the following loca8 tions: 

9 New Construction: 

10 Alabama: 

11 Tuscaloosa Federal Building, 

12 $25,000,000. 

13 California: 

14 San Diego, United States Courthouse 

15 Annex, $110,362,000. 

16 San Ysidro, Land Port of Entry, 

17 $58,910,000. 

18 Colorado: 

19 Lakewood, Denver Federal Center Re20 mediation, $10,472,000. 

21 District of Columbia: 

22 DHS Consolidation and development 

23 of St. Elizabeths Campus, $331,390,000. 

24 St. Elizabeths West Campus Infra25 structure, $8,249,000. 
69 

S 3260 PCS 

1 St. Elizabeths West Campus Site Ac2 quisition, $7,000,000. 

3 Maryland: 

4 Montgomery County, Food and Drug 

5 Administration Consolidation, 

6 $200,404,000. 

7 North Dakota: 

8 Portal, Land Port of Entry, 

9 $15,204,000: 

10 Provided, That each of the foregoing limits of costs on 

11 new construction projects may be exceeded to the extent 

12 that savings are affected in other such projects, but not 

13 to exceed 10 percent of the amounts included in an ap14 proved prospectus, if required, unless advance approval is 

15 obtained from the Committees on Appropriations of a 

16 greater amount: Provided further, That all funds for direct 

17 construction projects shall expire on September 30, 2010 

18 and remain in the Federal Buildings Fund except for 

19 funds for projects as to which funds for design or other 

20 funds have been obligated in whole or in part prior to such 

21 date: Provided further, That for fiscal year 2010 and 

22 thereafter, the annual budget submission of the General 

23 Services Administration shall include a detailed 5-year 

24 plan for Federal building construction projects with a 

25 yearly update of total projected future funding needs: Pro-
70 

S 3260 PCS 

1 vided further, That for fiscal year 2010 and thereafter, 

2 the annual budget submission of the General Services Ad3 ministration shall, in consultation with U.S. Customs and 

4 Border Patrol, include a detailed 5-year plan for Federal 

5 land port-of-entry projects with a yearly update of total 

6 projected future funding needs; (2) $692,374,000 shall re7 main available until expended for repairs and alterations, 

8 which includes associated design and construction services: 

9 Repairs and Alterations: 

10 District of Columbia: 

11 Eisenhower Executive Office Building, 

12 CBR, $14,700,000. 

13 Eisenhower Executive Office Building, 

14 Phase III, $51,075,000. 

15 West Wing Infrastructure Systems 

16 Replacement, $76,487,000. 

17 Illinois: 

18 Chicago, Dirksen Courthouse, 

19 $152,825,000. 

20 North Carolina: 

21 New Bern, United States Post Office 

22 and Courthouse, $10,640,000. 

23 Special Emphasis Programs: 

24 Energy and Water Retrofit and Con25 servation Measures, $36,647,000. 
71 

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1 Basic Repairs and Alterations, 

2 $350,000,000: 

3 Provided further, That funds made available in this or any 

4 previous Act in the Federal Buildings Fund for Repairs 

5 and Alterations shall, for prospectus projects, be limited 

6 to the amount identified for each project, except each 

7 project in this or any previous Act may be increased by 

8 an amount not to exceed 10 percent unless advance ap9 proval is obtained from the Committees on Appropriations 

10 of a greater amount: Provided further, That additional 

11 projects for which prospectuses have been fully approved 

12 may be funded under this category only if advance ap13 proval is obtained from the Committees on Appropria14 tions: Provided further, That the amounts provided in this 

15 or any prior Act for ‘‘Repairs and Alterations’’ may be 

16 used to fund costs associated with implementing security 

17 improvements to buildings necessary to meet the minimum 

18 standards for security in accordance with current law and 

19 in compliance with the reprogramming guidelines of the 

20 appropriate Committees of the House and Senate: Pro21 vided further, That the difference between the funds ap22 propriated and expended on any projects in this or any 

23 prior Act, under the heading ‘‘Repairs and Alterations’’, 

24 may be transferred to Basic Repairs and Alterations or 

25 used to fund authorized increases in prospectus projects: 
72 

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1 Provided further, That all funds for repairs and alterations 

2 prospectus projects shall expire on September 30, 2010 

3 and remain in the Federal Buildings Fund except funds 

4 for projects as to which funds for design or other funds 

5 have been obligated in whole or in part prior to such date: 

6 Provided further, That the amount provided in this or any 

7 prior Act for Basic Repairs and Alterations may be used 

8 to pay claims against the Government arising from any 

9 projects under the heading ‘‘Repairs and Alterations’’ or 

10 used to fund authorized increases in prospectus projects; 

11 (3) $149,570,000 for installment acquisition payments in12 cluding payments on purchase contracts which shall re13 main available until expended; (4) $4,692,156,000 for 

14 rental of space which shall remain available until ex15 pended; and (5) $2,223,354,000 for building operations 

16 which shall remain available until expended: Provided fur17 ther, That funds available to the General Services Admin18 istration shall not be available for expenses of any con19 struction, repair, alteration and acquisition project for 

20 which a prospectus, if required by the Public Buildings 

21 Act of 1959, has not been approved, except that necessary 

22 funds may be expended for each project for required ex23 penses for the development of a proposed prospectus: Pro24 vided further, That funds available in the Federal Build25 ings Fund may be expended for emergency repairs when 
73 

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1 advance approval is obtained from the Committees on Ap2 propriations: Provided further, That amounts necessary to 

3 provide reimbursable special services to other agencies 

4 under section 210(f)(6) of the Federal Property and Ad5 ministrative Services Act of 1949 (40 U.S.C. 592(b)(2)) 

6 and amounts to provide such reimbursable fencing, light7 ing, guard booths, and other facilities on private or other 

8 property not in Government ownership or control as may 

9 be appropriate to enable the United States Secret Service 

10 to perform its protective functions pursuant to 18 U.S.C. 

11 3056, shall be available from such revenues and collec12 tions: Provided further, That revenues and collections and 

13 any other sums accruing to this Fund during fiscal year 

14 2009, excluding reimbursements under section 210(f)(6) 

15 of the Federal Property and Administrative Services Act 

16 of 1949 (40 U.S.C. 592(b)(2)) in excess of the aggregate 

17 new obligational authority authorized for Real Property 

18 Activities of the Federal Buildings Fund in this Act shall 

19 remain in the Fund and shall not be available for expendi20 ture except as authorized in appropriations Acts. 

21 GENERAL ACTIVITIES

22 GOVERNMENT-WIDE POLICY

23 For expenses authorized by law, not otherwise pro24 vided for, for Government-wide policy and evaluation ac25 tivities associated with the management of real and per26 sonal property assets and certain administrative services; 
74 

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1 Government-wide policy support responsibilities relating to 

2 acquisition, telecommunications, information technology 

3 management, and related technology activities; and serv4 ices as authorized by 5 U.S.C. 3109; $54,578,000. 

5 OPERATING EXPENSES

6 For expenses authorized by law, not otherwise pro7 vided for, for Government-wide activities associated with 

8 utilization and donation of surplus personal property; dis9 posal of real property; agency-wide policy direction, man10 agement, and communications; Civilian Board of Contract 

11 Appeals; services as authorized by 5 U.S.C. 3109; and not 

12 to exceed $7,500 for official reception and representation 

13 expenses, $69,349,000. 

14 OFFICE OF INSPECTOR GENERAL

15 For necessary expenses of the Office of Inspector 

16 General and service authorized by 5 U.S.C. 3109, 

17 $54,000,000: Provided, That not to exceed $15,000 shall 

18 be available for payment for information and detection of 

19 fraud against the Government, including payment for re20 covery of stolen Government property: Provided further, 

21 That not to exceed $2,500 shall be available for awards 

22 to employees of other Federal agencies and private citizens 

23 in recognition of efforts and initiatives resulting in en24 hanced Office of Inspector General effectiveness. 
75 

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1 ELECTRONIC GOVERNMENT FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For necessary expenses in support of interagency 

4 projects that enable the Federal Government to expand 

5 its ability to conduct activities electronically, through the 

6 development and implementation of innovative uses of the 

7 Internet and other electronic methods, $1,000,000, to re8 main available until expended: Provided, That these funds 

9 may be transferred to Federal agencies to carry out the 

10 purposes of the Fund: Provided further, That this transfer 

11 authority shall be in addition to any other transfer author12 ity provided in this Act: Provided further, That such trans13 fers may not be made until 10 days after a proposed 

14 spending plan and explanation for each project to be un15 dertaken has been submitted to the Committees on Appro16 priations. 

17 ALLOWANCES AND OFFICE STAFF FOR FORMER

18 PRESIDENTS

19 (INCLUDING TRANSFER OF FUNDS)

20 For carrying out the provisions of the Act of August 

21 25, 1958 (3 U.S.C. 102 note), and Public Law 95–138, 

22 $2,934,000: Provided, That the Administrator of General 

23 Services shall transfer to the Secretary of the Treasury 

24 such sums as may be necessary to carry out the provisions 

25 of such Acts. 
76 

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1 PRESIDENTIAL TRANSITION EXPENSES

2 For expenses necessary to carry out the Presidential 

3 Transition Act of 1963, $8,520,000, of which not to ex4 ceed $1,000,000 is for activities authorized by subsections 

5 3(a)(8) and (9) of the Act. 

6 FEDERAL CITIZEN SERVICES FUND

7 For necessary expenses of the Office of Citizen Serv8 ices, including services authorized by 5 U.S.C. 3109, 

9 $36,558,000, to be deposited into the Federal Citizen 

10 Services Fund: Provided, That the appropriations, reve11 nues, and collections deposited into the Fund shall be 

12 available for necessary expenses of Federal Citizen Serv13 ices activities in the aggregate amount not to exceed 

14 $50,000,000. Appropriations, revenues, and collections ac15 cruing to this Fund during fiscal year 2009 in excess of 

16 such amount shall remain in the Fund and shall not be 

17 available for expenditure except as authorized in appro18 priations Acts. 

19 ADMINISTRATIVE PROVISIONS—GENERAL SERVICES

20 ADMINISTRATION

21 (INCLUDING TRANSFERS OF FUNDS)

22 SEC. 510. Funds available to the General Services 

23 Administration shall be available for the hire of passenger 

24 motor vehicles. 

25 SEC. 511. Funds in the Federal Buildings Fund 

26 made available for fiscal year 2009 for Federal Buildings 
77 

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1 Fund activities may be transferred between such activities 

2 only to the extent necessary to meet program require3 ments: Provided, That any proposed transfers shall be ap4 proved in advance by the Committees on Appropriations. 

5 SEC. 512. Except as otherwise provided in this title, 

6 funds made available by this Act shall be used to transmit 

7 a fiscal year 2010 request for United States Courthouse 

8 construction only if the request: (1) meets the design guide 

9 standards for construction as established and approved by 

10 the General Services Administration, the Judicial Con11 ference of the United States, and the Office of Manage12 ment and Budget; (2) reflects the priorities of the Judicial 

13 Conference of the United States as set out in its approved 

14 5-year construction plan; and (3) includes a standardized 

15 courtroom utilization study of each facility to be con16 structed, replaced, or expanded. 

17 SEC. 513. None of the funds provided in this Act may 

18 be used to increase the amount of occupiable square feet, 

19 provide cleaning services, security enhancements, or any 

20 other service usually provided through the Federal Build21 ings Fund, to any agency that does not pay the rate per 

22 square foot assessment for space and services as deter23 mined by the General Services Administration in compli24 ance with the Public Buildings Amendments Act of 1972 

25 (Public Law 92–313). 
78 

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1 SEC. 514. From funds made available under the 

2 heading ‘‘Federal Buildings Fund, Limitations on Avail3 ability of Revenue’’, claims against the Government of less 

4 than $250,000 arising from direct construction projects 

5 and acquisition of buildings may be liquidated from sav6 ings effected in other construction projects with prior noti7 fication to the Committees on Appropriations. 

8 SEC. 515. Subsections (a) and (b)(1) of section 323 

9 of title 40, United States Code, are amended by striking 

10 ‘‘Consumer Information Center’’ and inserting ‘‘Federal 

11 Citizen Services’’; subsection (a) is further amended by 

12 striking ‘‘consumer’’. 

13 SEC. 516. In furtherance of the emergency manage14 ment strategy set forth by the Department of Homeland 

15 Security’s National Response Framework, the Adminis16 trator may provide for the use of the Federal supply 

17 schedules of the General Services Administration by non18 governmental organizations referenced in the National Re19 sponse Framework. Purchases under this authority shall 

20 be limited to use in preparation for, response to, and re21 covery from an emergency incident contemplated in the 

22 National Response Framework. 
79 

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1 MERIT SYSTEMS PROTECTION BOARD

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses to carry out functions of the 

5 Merit Systems Protection Board pursuant to Reorganiza6 tion Plan Numbered 2 of 1978, the Civil Service Reform 

7 Act of 1978, and the Whistleblower Protection Act of 

8 1989 (5 U.S.C. 5509 note), including services as author9 ized by 5 U.S.C. 3109, rental of conference rooms in the 

10 District of Columbia and elsewhere, hire of passenger 

11 motor vehicles, direct procurement of survey printing, and 

12 not to exceed $2,000 for official reception and representa13 tion expenses, $38,811,000 together with not to exceed 

14 $2,579,000 for administrative expenses to adjudicate re15 tirement appeals to be transferred from the Civil Service 

16 Retirement and Disability Fund in amounts determined 

17 by the Merit Systems Protection Board. 

18 MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN

19 NATIONAL ENVIRONMENTAL POLICY FOUNDATION

20 MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN

21 NATIONAL ENVIRONMENTAL POLICY TRUST FUND

22 (INCLUDING TRANSFER OF FUNDS)

23 For payment to the Morris K. Udall Scholarship and 

24 Excellence in National Environmental Policy Trust Fund, 

25 pursuant to the Morris K. Udall Scholarship and Excel26 lence in National Environmental and Native American 
80 

S 3260 PCS 

1 Public Policy Act of 1992 (20 U.S.C. 5601 et seq.), 

2 $3,750,000, to remain available until expended, of which 

3 up to $50,000 shall be used to conduct financial audits 

4 pursuant to the Accountability of Tax Dollars Act of 2002 

5 (Public Law 107–289) notwithstanding sections 8 and 9 

6 of Public Law 102–259: Provided, That up to 60 percent 

7 of such funds may be transferred by the Morris K. Udall 

8 Scholarship and Excellence in National Environmental 

9 Policy Foundation for the necessary expenses of the Na10 tive Nations Institute. 

11 ENVIRONMENTAL DISPUTE RESOLUTION FUND

12 For payment to the Environmental Dispute Resolu13 tion Fund to carry out activities authorized in the Envi14 ronmental Policy and Conflict Resolution Act of 1998, 

15 $2,000,000, to remain available until expended. 

16 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

17 OPERATING EXPENSES

18 For necessary expenses in connection with the admin19 istration of the National Archives and Records Adminis20 tration (including the Information Security Oversight Of21 fice) and archived Federal records and related activities, 

22 as provided by law, and for expenses necessary for the re23 view and declassification of documents and the activities 

24 of the Public Interest Declassification Board, and for the 

25 hire of passenger motor vehicles, and for uniforms or al26 lowances therefor, as authorized by law (5 U.S.C. 5901 
81 

S 3260 PCS 

1 et seq.), including maintenance, repairs, and cleaning, 

2 $330,883,000. 

3 ELECTRONIC RECORDS ARCHIVES

4 For necessary expenses in connection with the devel5 opment of the electronic records archives, to include all 

6 direct project costs associated with research, analysis, de7 sign, development, and program management, 

8 $67,008,000, of which $45,795,000 shall remain available 

9 until September 30, 2010: Provided, That none of the 

10 multi-year funds may be obligated until the National Ar11 chives and Records Administration submits to the Com12 mittees on Appropriations, and such Committees approve, 

13 a plan for expenditure that: (1) meets the capital planning 

14 and investment control review requirements established by 

15 the Office of Management and Budget, including Circular 

16 A–11; (2) complies with the National Archives and 

17 Records Administration’s enterprise architecture; (3) con18 forms with the National Archives and Records Adminis19 tration’s enterprise life cycle methodology; (4) is approved 

20 by the National Archives and Records Administration and 

21 the Office of Management and Budget; (5) has been re22 viewed by the Government Accountability Office; and (6) 

23 complies with the acquisition rules, requirements, guide24 lines, and systems acquisition management practices of 

25 the Federal Government. 
82 

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1 REPAIRS AND RESTORATION

2 For the repair, alteration, and improvement of ar3 chives facilities, and to provide adequate storage for hold4 ings, $33,211,000, to remain available until expended: 

5 Provided, That the Archivist is authorized to construct an 

6 addition to the John F. Kennedy Presidential Library and 

7 Museum; and of the funds provided, $22,000,000 shall be 

8 available for construction costs and related services for 

9 building the addition to the John F. Kennedy Presidential 

10 Library and Museum and other necessary expenses, in11 cluding renovating the Library as needed in constructing 

12 the addition; and $2,000,000 is for the repair and restora13 tion of the plaza that surrounds the Lyndon Baines John14 son Presidential Library and Museum that is under the 

15 joint control and custody of the University of Texas: Pro16 vided further, That such funds shall remain available until 

17 expended for this purpose and may be transferred directly 

18 to the University and used, together with University 

19 funds, for the repair and restoration of the plaza: Provided 

20 further, That such funds shall be spent in accordance with 

21 the construction plan submitted to the Committees on Ap22 propriations on March 14, 2005: Provided further, That 

23 the Archivist shall be prohibited from entering into any 

24 agreement with the University or any other party that re25 quires additional funding commitments on behalf of the 
83 

S 3260 PCS 

1 Federal Government for this project: Provided further, 

2 That hereafter, no further Federal funding shall be pro3 vided for this plaza project. 

4 NATIONAL HISTORICAL PUBLICATIONS AND RECORDS

5 COMMISSION

6 GRANTS PROGRAM

7 (INCLUDING TRANSFER OF FUNDS)

8 For necessary expenses for allocations and grants for 

9 historical publications and records as authorized by 44 

10 U.S.C. 2504, $10,500,000, to remain available until ex11 pended: Provided, That of the funds provided in this para12 graph, $2,000,000 shall be transferred to the operating 

13 expenses account of the National Archives and Records 

14 Administration for operating expenses of the National 

15 Historical Publications and Records Commission. 

16 ADMINISTRATIVE PROVISION—NATIONAL ARCHIVES AND

17 RECORDS ADMINISTRATION

18 Hereafter, the National Archives and Records Ad19 ministration shall include in its annual budget submission 

20 a comprehensive capital needs assessment for funding pro21 vided under the ‘‘Repairs and Restoration’’ appropriations 

22 account to be updated yearly: Provided, That funds pro23 posed under the ‘‘Repairs and Restoration’’ appropriations 

24 account for each fiscal year shall be allocated to projects 

25 on a priority basis established under a comprehensive cap26 ital needs assessment. 
84 

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1 NATIONAL CREDIT UNION ADMINISTRATION

2 CENTRAL LIQUIDITY FACILITY

3 During fiscal year 2009, gross obligations of the Cen4 tral Liquidity Facility for the principal amount of new di5 rect loans to member credit unions, as authorized by 12 

6 U.S.C. 1795 et seq., shall not exceed $1,500,000,000: Pro7 vided, That administrative expenses of the Central Liquid8 ity Facility in fiscal year 2009 shall not exceed $334,000. 

9 COMMUNITY DEVELOPMENT REVOLVING LOAN FUND

10 For the Community Development Revolving Loan 

11 Fund program as authorized by 42 U.S.C. 9812, 9822 

12 and 9910, $1,000,000 shall be available until September 

13 30, 2010 for technical assistance to low-income designated 

14 credit unions. 

15 OFFICE OF GOVERNMENT ETHICS

16 SALARIES AND EXPENSES

17 For necessary expenses to carry out functions of the 

18 Office of Government Ethics pursuant to the Ethics in 

19 Government Act of 1978, and the Ethics Reform Act of 

20 1989, including services as authorized by 5 U.S.C. 3109, 

21 rental of conference rooms in the District of Columbia and 

22 elsewhere, hire of passenger motor vehicles, and not to ex23 ceed $1,500 for official reception and representation ex24 penses, $13,000,000. 
85 

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1 OFFICE OF PERSONNEL MANAGEMENT

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF TRUST FUNDS)

4 For necessary expenses to carry out functions of the 

5 Office of Personnel Management pursuant to Reorganiza6 tion Plan Numbered 2 of 1978 and the Civil Service Re7 form Act of 1978, including services as authorized by 5 

8 U.S.C. 3109; medical examinations performed for veterans 

9 by private physicians on a fee basis; rental of conference 

10 rooms in the District of Columbia and elsewhere; hire of 

11 passenger motor vehicles; not to exceed $2,500 for official 

12 reception and representation expenses; advances for reim13 bursements to applicable funds of the Office of Personnel 

14 Management and the Federal Bureau of Investigation for 

15 expenses incurred under Executive Order No. 10422 of 

16 January 9, 1953, as amended; and payment of per diem 

17 and/or subsistence allowances to employees where Voting 

18 Rights Act activities require an employee to remain over19 night at his or her post of duty, $92,829,000, of which 

20 $5,851,000 shall remain available until expended for the 

21 Enterprise Human Resources Integration project; 

22 $1,351,000 shall remain available until expended for the 

23 Human Resources Line of Business project; and in addi24 tion $118,082,000 for administrative expenses, to be 

25 transferred from the appropriate trust funds of the Office 

26 of Personnel Management without regard to other stat-
86 

S 3260 PCS 

1 utes, including direct procurement of printed materials, 

2 for the retirement and insurance programs, of which 

3 $15,200,000 shall remain available until expended for the 

4 cost of automating the retirement recordkeeping systems: 

5 Provided, That the provisions of this appropriation shall 

6 not affect the authority to use applicable trust funds as 

7 provided by sections 8348(a)(1)(B), and 9004(f)(2)(A) of 

8 title 5, United States Code: Provided further, That no part 

9 of this appropriation shall be available for salaries and ex10 penses of the Legal Examining Unit of the Office of Per11 sonnel Management established pursuant to Executive 

12 Order No. 9358 of July 1, 1943, or any successor unit 

13 of like purpose: Provided further, That the President’s 

14 Commission on White House Fellows, established by Exec15 utive Order No. 11183 of October 3, 1964, may, during 

16 fiscal year 2009, accept donations of money, property, and 

17 personal services: Provided further, That such donations, 

18 including those from prior years, may be used for the de19 velopment of publicity materials to provide information 

20 about the White House Fellows, except that no such dona21 tions shall be accepted for travel or reimbursement of trav22 el expenses, or for the salaries of employees of such Com23 mission: Provided further, That within the funds provided, 

24 the Office of Personnel Management shall carry out the 

25 Intergovernmental Personnel Act Mobility Program, with 
87 

S 3260 PCS 

1 special attention to Federal agencies employing more than 

2 2,000 nurses: Provided further, That funding may be allo3 cated to develop guidelines that provide Federal agencies 

4 direction in using their authority under the Intergovern5 mental Personnel Act Mobility Program, according to the 

6 directives outlined in the accompanying report. 

7 OFFICE OF INSPECTOR GENERAL

8 SALARIES AND EXPENSES

9 (INCLUDING TRANSFER OF TRUST FUNDS)

10 For necessary expenses of the Office of Inspector 

11 General in carrying out the provisions of the Inspector 

12 General Act of 1978, including services as authorized by 

13 5 U.S.C. 3109, hire of passenger motor vehicles, 

14 $2,136,000, and in addition, not to exceed $20,428,000 

15 for administrative expenses to audit, investigate, and pro16 vide other oversight of the Office of Personnel Manage17 ment’s retirement and insurance programs, to be trans18 ferred from the appropriate trust funds of the Office of 

19 Personnel Management, as determined by the Inspector 

20 General: Provided, That the Inspector General is author21 ized to rent conference rooms in the District of Columbia 

22 and elsewhere. 

23 GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES

24 HEALTH BENEFITS

25 For payment of Government contributions with re26 spect to retired employees, as authorized by chapter 89 
88 

S 3260 PCS 

1 of title 5, United States Code, and the Retired Federal 

2 Employees Health Benefits Act (74 Stat. 849), such sums 

3 as may be necessary. 

4 GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE

5 LIFE INSURANCE

6 For payment of Government contributions with re7 spect to employees retiring after December 31, 1989, as 

8 required by chapter 87 of title 5, United States Code, such 

9 sums as may be necessary. 

10 PAYMENT TO CIVIL SERVICE RETIREMENT AND

11 DISABILITY FUND

12 For financing the unfunded liability of new and in13 creased annuity benefits becoming effective on or after Oc14 tober 20, 1969, as authorized by 5 U.S.C. 8348, and an15 nuities under special Acts to be credited to the Civil Serv16 ice Retirement and Disability Fund, such sums as may 

17 be necessary: Provided, That annuities authorized by the 

18 Act of May 29, 1944, and the Act of August 19, 1950 

19 (33 U.S.C. 771–775), may hereafter be paid out of the 

20 Civil Service Retirement and Disability Fund. 

21 OFFICE OF SPECIAL COUNSEL

22 SALARIES AND EXPENSES

23 For necessary expenses to carry out functions of the 

24 Office of Special Counsel pursuant to Reorganization Plan 

25 Numbered 2 of 1978, the Civil Service Reform Act of 

26 1978 (Public Law 95–454), the Whistleblower Protection 
89 

S 3260 PCS 

1 Act of 1989 (Public Law 101–12), Public Law 107–304, 

2 and the Uniformed Services Employment and Reemploy3 ment Rights Act of 1994 (Public Law 103–353), including 

4 services as authorized by 5 U.S.C. 3109, payment of fees 

5 and expenses for witnesses, rental of conference rooms in 

6 the District of Columbia and elsewhere, and hire of pas7 senger motor vehicles; $17,468,000. 

8 POSTAL REGULATORY COMMISSION

9 SALARIES AND EXPENSES

10 (INCLUDING TRANSFER OF FUNDS)

11 For necessary expenses of the Postal Regulatory 

12 Commission in carrying out the provisions of the Postal 

13 Accountability and Enhancement Act (Public Law 109– 

14 435), $14,043,000, to be derived by transfer from the 

15 Postal Service Fund and expended as authorized by sec16 tion 603(a) of such Act. 

17 PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD

18 SALARIES AND EXPENSES

19 For necessary expenses of the Privacy and Civil Lib20 erties Oversight Board, as authorized by section 1061 of 

21 the Intelligence Reform and Terrorism Prevention Act of 

22 2004 (5 U.S.C. 601 note), as amended, $2,000,000. 

23 SECURITIES AND EXCHANGE COMMISSION

24 SALARIES AND EXPENSES

25 For necessary expenses for the Securities and Ex26 change Commission, including services as authorized by 
90 

S 3260 PCS 

1 5 U.S.C. 3109, the rental of space (to include multiple 

2 year leases) in the District of Columbia and elsewhere, and 

3 not to exceed $3,500 for official reception and representa4 tion expenses, $938,000,000, to remain available until ex5 pended; of which not to exceed $20,000 may be used to6 ward funding a permanent secretariat for the Inter7 national Organization of Securities Commissions; and of 

8 which not to exceed $100,000 shall be available for ex9 penses for consultations and meetings hosted by the Com10 mission with foreign governmental and other regulatory 

11 officials, members of their delegations, appropriate rep12 resentatives and staff to exchange views concerning devel13 opments relating to securities matters, development and 

14 implementation of cooperation agreements concerning se15 curities matters and provision of technical assistance for 

16 the development of foreign securities markets, such ex17 penses to include necessary logistic and administrative ex18 penses and the expenses of Commission staff and foreign 

19 invitees in attendance at such consultations and meetings 

20 including: (1) such incidental expenses as meals taken in 

21 the course of such attendance; (2) any travel and trans22 portation to or from such meetings; and (3) any other re23 lated lodging or subsistence: Provided, That fees and 

24 charges authorized by sections 6(b) of the Securities Ex25 change Act of 1933 (15 U.S.C. 77f(b)), and 13(e), 14(g) 
91 

S 3260 PCS 

1 and 31 of the Securities Exchange Act of 1934 (15 U.S.C. 

2 78m(e), 78n(g), and 78ee), shall be credited to this ac3 count as offsetting collections: Provided further, That not 

4 to exceed $890,000,000 of such offsetting collections shall 

5 be available until expended for necessary expenses of this 

6 account: Provided further, That $48,000,000 shall be de7 rived from prior year unobligated balances from funds pre8 viously appropriated to the Securities and Exchange Com9 mission: Provided further, That the total amount appro10 priated under this heading from the general fund for fiscal 

11 year 2009 shall be reduced as such offsetting fees are re12 ceived so as to result in a final total fiscal year 2009 ap13 propriation from the general fund estimated at not more 

14 than $0. 

15 SELECTIVE SERVICE SYSTEM

16 SALARIES AND EXPENSES

17 For necessary expenses of the Selective Service Sys18 tem, including expenses of attendance at meetings and of 

19 training for uniformed personnel assigned to the Selective 

20 Service System, as authorized by 5 U.S.C. 4101–4118 for 

21 civilian employees; purchase of uniforms, or allowances 

22 therefor, as authorized by 5 U.S.C. 5901–5902; hire of 

23 passenger motor vehicles; services as authorized by 5 

24 U.S.C. 3109; and not to exceed $750 for official reception 

25 and representation expenses; $22,000,000: Provided, That 
92 

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1 during the current fiscal year, the President may exempt 

2 this appropriation from the provisions of 31 U.S.C. 1341, 

3 whenever the President deems such action to be necessary 

4 in the interest of national defense: Provided further, That 

5 none of the funds appropriated by this Act may be ex6 pended for or in connection with the induction of any per7 son into the Armed Forces of the United States. 

8 SMALL BUSINESS ADMINISTRATION

9 SALARIES AND EXPENSES

10 For necessary expenses, not otherwise provided for, 

11 of the Small Business Administration as authorized by 

12 Public Law 108–447, including hire of passenger motor 

13 vehicles as authorized by 31 U.S.C. 1343 and 1344, and 

14 not to exceed $3,500 for official reception and representa15 tion expenses, $447,250,000: Provided, That the Adminis16 trator is authorized to charge fees to cover the cost of pub17 lications developed by the Small Business Administration, 

18 and certain loan program activities, including fees author19 ized by section 5(b) of the Small Business Act: Provided 

20 further, That, notwithstanding 31 U.S.C. 3302, revenues 

21 received from all such activities shall be credited to this 

22 account, to remain available until expended, for carrying 

23 out these purposes without further appropriations: Pro24 vided further, That $110,000,000 shall be available to 

25 fund grants for performance in fiscal year 2009 or fiscal 
93 

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1 year 2010 as authorized, of which $1,000,000 shall be for 

2 the Veterans Assistance and Services Program authorized 

3 by section 21(n) of the Small Business Act, as added by 

4 section 107 of Public Law 110–186, and of which 

5 $1,000,000 shall be for the Small Business Energy Effi6 ciency Program authorized by section 1203(c) of Public 

7 Law 110–140: Provided further, That $7,654,400 shall be 

8 available for the Loan Modernization and Accounting Sys9 tem, to be available until September 30, 2010: Provided 

10 further, That $69,451,000, to remain available until Sep11 tember 30, 2010, shall be for initiatives related to small 

12 business development and entrepreneurship, including pro13 grammatic and construction activities, of which $250,000 

14 shall be for the Adelante Development Center for its AC15 CENT School-to-Work Transition Program, Albuquerque, 

16 New Mexico; $1,100,000 shall be for the Alaska Manufac17 turing Extension Partnership, Inc., for a rural Alaska e18 commerce training project, Anchorage, Alaska; $245,000 

19 shall be for the Albuquerque Hispano Chamber of Com20 merce workforce training, Albuquerque, New Mexico; 

21 $600,000 shall be for the Alcorn State University for a 

22 Systems Research Institute, Alcorn State, Mississippi; 

23 $750,000 shall be for the Appalachian State University 

24 to study the effects of economic growth resulting from viti25 culture and agritourism in western North Carolina, 
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1 Boone, North Carolina; $145,000 shall be for the Associa2 tion of Vermont Credit Unions, Student financial literacy, 

3 Burlington, Vermont; $3,500,000 shall be for the Busi4 ness and infrastructure development, Mingo County Rede5 velopment Authority, Williamson, West Virginia; 

6 $520,000 shall be for the Business incubator, Arkansas 

7 Biosciences Institute, Arkansas State University; 

8 $245,000 shall be for the Cedarbridge small business incu9 bator, Lakewood, New Jersey; $300,000 shall be for the 

10 Center for Economic Growth, Watervliet Innovation Cen11 ter, Albany, New York; $225,000 shall be for the City of 

12 Baton Rouge, Louisiana, Small business investment initia13 tive for technical assistance to business enterprises; 

14 $100,000 shall be for the City of San Diego, California, 

15 One-stop small business resource center; $245,000 shall 

16 be for the Colorado Enterprise Fund for operating ex17 penses and technical assistance to borrowers, Denver, Col18 orado; $250,000 shall be for the Colorado State University 

19 Sustainable Biofuels Development Center, Fort Collins, 

20 Colorado; $250,000 shall be for the Community Links Ha21 waii for planning and development of Oahu Technology 

22 and Innovation Park, Oahu, Hawaii; $100,000 shall be for 

23 the E4 Entrepreneurship for immigrants, minorities, 

24 women, and people with disabilities in southwest King 

25 County, Washington; $200,000 shall be for the Eastern 
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1 Washington University, Accelerating economic develop2 ment in rural, underserved communities of NE Wash3 ington; $640,000 shall be for the Economic development 

4 assistance for Wells, Nevada; $245,000 shall be for the 

5 Economic Development for Central Oregon, Bend Venture 

6 Catalyst, Bend, Oregon; $100,000 shall be for the Eco7 nomic Development Training Program, Camden, New Jer8 sey; $350,000 shall be for the Entrepreneurial Develop9 ment Center business accelerator, Cedar Rapids, Iowa; 

10 $500,000 shall be for the First responder education initia11 tive, Benedictine University, Lisle, Illinois; $245,000 shall 

12 be for the Florida Institute of Technology, Florida Ad13 vanced Combustion Center; $250,000 shall be for the 

14 Grambling State University, Expanding Minority Entre15 preneurship Regionally Across the Louisiana Delta [EM16 ERALD] program; $450,000 shall be for the Grays Har17 bor sustainable industries research and development facil18 ity and incubator, Port of Grays Harbor, Aberdeen, Wash19 ington; $450,000 shall be for the Grow Inglewood, small 

20 business development, Inglewood, California; $245,000 

21 shall be for the Indiana University, Indiana innovation in22 cubator, Bloomington, Indiana; $225,500 shall be for the 

23 International Trade Compliance in Agra-Business, Wich24 ita, Kansas; $310,000 shall be for the Jackie Joyner25 Kersee Center for job training and placement services, 
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1 East St. Louis, Illinois; $600,000 shall be for the Jackson 

2 State University for Lynch Street Corridor Redevelop3 ment, Jackson, Mississippi; $550,000 shall be for the 

4 Kansas Bioscience Authority for the Kansas Small Busi5 ness Biobased Polymer Initiative, Olathe, Kansas; 

6 $300,000 shall be for the Kansas Farm Bureau for the 

7 Kansas Hometown Prosperity Alliance, Manhattan, Kan8 sas; $400,000 shall be for the Macomb County business 

9 accelerator, Macomb County, Michigan; $260,000 shall be 

10 for the Massachusetts Technology Collaborative Renew11 able Energy Economic Development Center, Boston, Mas12 sachusetts; $500,000 shall be for the Mississippi Bio13 technology Association for a Feasibility Study and Capac14 ity Building, Jackson, Mississippi; $600,000 shall be for 

15 the Mississippi State University for Convergence of Sci16 entists and Entrepreneurs to Expedite Commercialization 

17 (SCEEC), Starkville, Mississippi; $600,000 shall be for 

18 the Mississippi Technology Alliance for the Center for In19 novation and Entrepreneurial Services, Jackson, Mis20 sissippi; $1,000,000 shall be for the Missouri Western 

21 State University for the Biotechnology Mobile Workforce 

22 Development Center, St. Joseph, Missouri; $520,000 shall 

23 be for the Montana Department of Commerce, for tech24 nical assistance and operating expenses of the Native 

25 American and WIRED program; $500,000 shall be for the 
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1 Montgomery County Action Council for the development 

2 of economic growth and the recruitment of small busi3 nesses, Independence, Kansas; $1,000,000 shall be for the 

4 Myrtle Beach International Trade & Convention Center, 

5 Myrtle Beach, South Carolina; $500,000 shall be for the 

6 National Center for Aviation Training for a Technical 

7 Education and Training, Wichita, Kansas; $300,000 shall 

8 be for the Native Hawaiian Organizations Association, 

9 Entrepreneurial Development & Government Procurement 

10 Center, Honolulu, Hawaii; $300,000 shall be for the Ne11 braska Community Foundation, HomeTown Competitive12 ness, Lincoln, Nebraska; $520,000 shall be for the New 

13 Castle County Chamber of Commerce, Emerging Enter14 prise Center, business incubator, Delaware; $375,000 

15 shall be for the North Dakota State College of Science, 

16 Nanotechnology Applied Science Laboratory; $300,000 

17 shall be for the Northern Community Development Cor18 poration, Northeast Kingdom (NEK) wireless LINC, 

19 Vermont; $2,000,000 shall be for the Northern Kentucky 

20 University’s College of Informatics, Highland Heights, 

21 Kentucky; $245,000 shall be for the Ohio University, Eco22 nomic Development through Entrepreneurship in Appa23 lachia [EDEA]; $700,000 shall be for the Pellissippi Re24 search Centre on the Oak Ridge Corridor, Alcoa, Ten25 nessee; $245,000 shall be for the Pittsburgh Life Sciences 
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1 Greenhouse, Tech Belt Biosciences Initiative, Pittsburgh, 

2 Pennsylvania; $100,000 shall be for the ReCycle North, 

3 Green-collar enterprise program, Burlington, Vermont; 

4 $350,000 shall be for the Rhode Island Rural Develop5 ment Council and Farm Fresh Rhode Island, for Rhode 

6 Island small business development; $250,000 shall be for 

7 the Rural Economic Area Partnership [REAP] Zones, 

8 Rugby, North Dakota; $500,000 shall be for the Rural 

9 Enterprise Institute’s Native American Rural Business 

10 and Resource Center at Eastern Oklahoma State College, 

11 Wilburton, Oklahoma; $500,000 shall be for the Safer 

12 Foundation for transitional employment placement, Chi13 cago, Illinois; $375,000 shall be for the Small Business 

14 and Economic Opportunity Office, Essex County, New 

15 Jersey; $245,000 shall be for the Small business green 

16 development, City of East Providence, Rhode Island; 

17 $100,000 shall be for the Small business trade assistance 

18 office, Prince George’s County, Maryland; $475,000 shall 

19 be for the South Dakota State University, technology20 based economic development; $500,000 shall be for the 

21 Southern Illinois University for the Southern Research 

22 Park, Carbondale, Illinois; $700,000 shall be for the 

23 Southwestern Pennsylvania Advanced Robotics Business 

24 Accelerator, Pittsburgh, Pennsylvania; $500,000 shall be 

25 for the St. Leo Residence for Veterans for job training, 
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1 Catholic Charities, Chicago, Illinois; $175,000 shall be for 

2 the TechTown Small Business Clinic, Wayne State Law 

3 School; $120,000 shall be for the University of Con4 necticut Avery Point, business incubator, Groton, Con5 necticut; $325,000 shall be for the University of Con6 necticut Health Center business incubator, Farmington, 

7 Connecticut; $450,000 shall be for the University of Kan8 sas for Equipment for Pharmaceutical Small Business De9 velopment, Kansas City, Kansas; $700,000 shall be for the 

10 University of Kansas Hospital for Medical Faculty Small 

11 Business Development, Kansas City, Kansas; $450,000 

12 shall be for the University of Maryland—Baltimore 

13 BioPark; $260,000 shall be for the University of Massa14 chusetts Dartmouth, Advanced Technical and Manufac15 turing Center business incubator, Fall River, Massachu16 setts; $600,000 shall be for the University of Southern 

17 Mississippi for Early Stage Entrepreneur Development, 

18 Hattiesburg, Mississippi; $300,000 shall be for the Uni19 versity of Wisconsin-Milwaukee, University-industry part20 nership to foster rapid development of businesses in water 

21 industries; $500,000 shall be for the University Tech22 nology Park, Illinois Institute of Technology, Chicago, Illi23 nois; $250,000 shall be for the Virginia’s Center for Inno24 vative Technology, Mine safety technology and commu25 nication improvements, Herndon, Virginia; $250,000 shall 
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1 be for the Washington Hancock Community Agency for 

2 a Microbusiness Assistance Program, Milbridge, Maine; 

3 and $400,000 shall be for the World Trade Center Utah 

4 Partnership Initiative, Salt Lake City, Utah. 

5 OFFICE OF INSPECTOR GENERAL

6 For necessary expenses of the Office of Inspector 

7 General in carrying out the provisions of the Inspector 

8 General Act of 1978, $15,500,000. 

9 SURETY BOND GUARANTEES REVOLVING FUND

10 For additional capital for the Surety Bond Guaran11 tees Revolving Fund, authorized by the Small Business 

12 Investment Act of 1958, $2,000,000, to remain available 

13 until expended. 

14 BUSINESS LOANS PROGRAM ACCOUNT

15 (INCLUDING TRANSFERS OF FUNDS)

16 For the cost of direct loans, $2,500,000, to remain 

17 available until expended: Provided, That such costs, in18 cluding the cost of modifying such loans, shall be as de19 fined in section 502 of the Congressional Budget Act of 

20 1974: Provided further, That subject to section 502 of the 

21 Congressional Budget Act of 1974, during fiscal year 

22 2009 commitments to guarantee loans under section 503 

23 of the Small Business Investment Act of 1958 shall not 

24 exceed $7,500,000,000: Provided further, That during fis25 cal year 2009 commitments for general business loans au26 thorized under section 7(a) of the Small Business Act 
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1 shall not exceed $17,500,000,000: Provided further, That 

2 during fiscal year 2009 commitments to guarantee loans 

3 for debentures under section 303(b) of the Small Business 

4 Investment Act of 1958, shall not exceed $3,000,000,000: 

5 Provided further, That during fiscal year 2009, guarantees 

6 of trust certificates authorized by section 5(g) of the Small 

7 Business Act shall not exceed a principal amount of 

8 $12,000,000,000. In addition, for administrative expenses 

9 to carry out the direct and guaranteed loan programs, 

10 $138,480,000, which may be transferred to and merged 

11 with the appropriations for Salaries and Expenses. 

12 DISASTER LOAN PROGRAM ACCOUNT

13 (INCLUDING TRANSFERS OF FUNDS)

14 For administrative expenses to carry out the direct 

15 loan program authorized by section 7(b) of the Small 

16 Business Act, $160,068,000, to be available until ex17 pended, of which $1,000,000 is for the Office of Inspector 

18 General of the Small Business Administration for audits 

19 and reviews of disaster loans and the disaster loan pro20 gram and shall be transferred to and merged with the ap21 propriations for the Office of Inspector General; of which 

22 $150,068,000 is for direct administrative expenses of loan 

23 making and servicing to carry out the direct loan program, 

24 which may be transferred to and merged with the appro25 priations for Salaries and Expenses; and of which 

26 $9,000,000 is for indirect administrative expenses, which 
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1 may be transferred to and merged with the appropriations 

2 for Salaries and Expenses. 

3 ADMINISTRATIVE PROVISIONS—SMALL BUSINESS

4 ADMINISTRATION

5 (INCLUDING TRANSFER OF FUNDS)

6 SEC. 520. Not to exceed 5 percent of any appropria7 tion made available for the current fiscal year for the 

8 Small Business Administration in this Act may be trans9 ferred between such appropriations, but no such appro10 priation shall be increased by more than 10 percent by 

11 any such transfers: Provided, That any transfer pursuant 

12 to this paragraph shall be treated as a reprogramming of 

13 funds under section 610 of this Act and shall not be avail14 able for obligation or expenditure except in compliance 

15 with the procedures set forth in that section. 

16 SEC. 521. All disaster loans issued in Alaska or 

17 North Dakota shall be administered by the Small Business 

18 Administration and shall not be sold during fiscal year 

19 2009. 

20 SEC. 522. None of the funds made available under 

21 this Act may be used by the Small Business Administra22 tion to implement the proposed rule relating to women23 owned small business Federal contract assistance proce24 dures published in the Federal Register on December 27, 

25 2007 (72 Fed. Reg. 73285 et seq.). 
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1 SEC. 523. Of the amount made available under the 

2 heading ‘‘State and Tribal Assistance Grants’’ under title 

3 II of division F of the Consolidated Appropriations Act, 

4 2008 (Public Law 110–161; 121 Stat. 2125), $2,953,000 

5 is transferred to the ‘‘Salaries and Expenses’’ account of 

6 the Small Business Administration. The amount trans7 ferred under this section shall be available for use under 

8 the terms and conditions otherwise applicable to amounts 

9 appropriated for the ‘‘Salaries and Expenses’’ account of 

10 the Small Business Administration and shall remain avail11 able until expended. 

12 HARRY S. TRUMAN SCHOLARSHIP FOUNDATION

13 SALARIES AND EXPENSES

14 For payment to the Harry S. Truman Scholarship 

15 Foundation Trust Fund, established by section 10 of Pub16 lic Law 93–642, $500,000, to remain available until ex17 pended: Provided, That hereafter, all requests of the 

18 Board of Trustees to the Secretary provided for in this 

19 section shall be binding on the Secretary, including re20 quests for the issuance at par of special obligations exclu21 sively to the fund as provided for in section 10(b), which 

22 the Secretary shall implement without regard to the deter23 mination related to the public interest required by the last 

24 sentence of that section. 
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1 UNITED STATES POSTAL SERVICE

2 PAYMENT TO THE POSTAL SERVICE FUND

3 For payment to the Postal Service Fund for revenue 

4 forgone on free and reduced rate mail, pursuant to sub5 sections (c) and (d) of section 2401 of title 39, United 

6 States Code, $111,831,000, of which $82,831,000 shall 

7 not be available for obligation until October 1, 2009: Pro8 vided, That mail for overseas voting and mail for the blind 

9 shall continue to be free: Provided further, That 6-day de10 livery and rural delivery of mail shall continue at not less 

11 than the 1983 level: Provided further, That none of the 

12 funds made available to the Postal Service by this Act 

13 shall be used to implement any rule, regulation, or policy 

14 of charging any officer or employee of any State or local 

15 child support enforcement agency, or any individual par16 ticipating in a State or local program of child support en17 forcement, a fee for information requested or provided 

18 concerning an address of a postal customer: Provided fur19 ther, That none of the funds provided in this Act shall 

20 be used to consolidate or close small rural and other small 

21 post offices in fiscal year 2009. 

22 OFFICE OF INSPECTOR GENERAL

23 SALARIES AND EXPENSES

24 (INCLUDING TRANSFER OF FUNDS)

25 For necessary expenses of the Office of Inspector 

26 General in carrying out the provisions of the Inspector 
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1 General Act of 1978, $239,356,000, to be derived by 

2 transfer from the Postal Service Fund and expended as 

3 authorized by section 603(b)(3) of the Postal Account4 ability and Enhancement Act (Public Law 109–435). 

5 UNITED STATES TAX COURT

6 SALARIES AND EXPENSES

7 For necessary expenses, including contract reporting 

8 and other services as authorized by 5 U.S.C. 3109, 

9 $48,463,000: Provided, That travel expenses of the judges 

10 shall be paid upon the written certificate of the judge. 

11 TITLE VI 

12 GENERAL PROVISIONS—THIS ACT 

13 SEC. 601. None of the funds in this Act shall be used 

14 for the planning or execution of any program to pay the 

15 expenses of, or otherwise compensate, non-Federal parties 

16 intervening in regulatory or adjudicatory proceedings 

17 funded in this Act. 

18 SEC. 602. None of the funds appropriated in this Act 

19 shall remain available for obligation beyond the current 

20 fiscal year, nor may any be transferred to other appropria21 tions, unless expressly so provided herein. 

22 SEC. 603. The expenditure of any appropriation 

23 under this Act for any consulting service through procure24 ment contract pursuant to section 3109 of title 5, United 

25 States Code, shall be limited to those contracts where such 
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1 expenditures are a matter of public record and available 

2 for public inspection, except where otherwise provided 

3 under existing law, or under existing Executive order 

4 issued pursuant to existing law. 

5 SEC. 604. None of the funds made available in this 

6 Act may be transferred to any department, agency, or in7 strumentality of the United States Government, except 

8 pursuant to a transfer made by, or transfer authority pro9 vided in, this Act or any other appropriations Act. 

10 SEC. 605. None of the funds made available by this 

11 Act shall be available for any activity or for paying the 

12 salary of any Government employee where funding an ac13 tivity or paying a salary to a Government employee would 

14 result in a decision, determination, rule, regulation, or pol15 icy that would prohibit the enforcement of section 307 of 

16 the Tariff Act of 1930 (19 U.S.C. 1307). 

17 SEC. 606. No funds appropriated pursuant to this 

18 Act may be expended by an entity unless the entity agrees 

19 that in expending the assistance the entity will comply 

20 with the Buy American Act (41 U.S.C. 10a–10c). 

21 SEC. 607. No funds appropriated or otherwise made 

22 available under this Act shall be made available to any 

23 person or entity that has been convicted of violating the 

24 Buy American Act (41 U.S.C. 10a–10c). 
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1 SEC. 608. Except as otherwise provided in this Act, 

2 none of the funds provided in this Act, provided by pre3 vious appropriations Acts to the agencies or entities fund4 ed in this Act that remain available for obligation or ex5 penditure in fiscal year 2009, or provided from any ac6 counts in the Treasury derived by the collection of fees 

7 and available to the agencies funded by this Act, shall be 

8 available for obligation or expenditure through a re9 programming of funds that: (1) creates a new program; 

10 (2) eliminates a program, project, or activity; (3) increases 

11 funds or personnel for any program, project, or activity 

12 for which funds have been denied or restricted by the Con13 gress; (4) proposes to use funds directed for a specific ac14 tivity by either the House of Representatives or the Senate 

15 Committees on Appropriations for a different purpose; (5) 

16 augments existing programs, projects, or activities in ex17 cess of $5,000,000 or 10 percent, whichever is less; (6) 

18 reduces existing programs, projects, or activities by 

19 $5,000,000 or 10 percent, whichever is less; or (7) creates 

20 or reorganizes offices, programs, or activities unless prior 

21 approval is received from the House of Representatives 

22 and the Senate Committees on Appropriations: Provided, 

23 That prior to any significant reorganization or restruc24 turing of offices, programs, or activities, each agency or 

25 entity funded in this Act shall consult with the Commit-
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1 tees on Appropriations of the House of Representatives 

2 and the Senate: Provided further, That not later than 60 

3 days after the date of enactment of this Act, each agency 

4 funded by this Act shall submit a report to the Commit5 tees on Appropriations of the House of Representatives 

6 and the Senate to establish the baseline for application 

7 of reprogramming and transfer authorities for the current 

8 fiscal year: Provided further, That the report shall include: 

9 (1) a table for each appropriation with a separate column 

10 to display the President’s budget request, adjustments 

11 made by Congress, adjustments due to enacted rescissions, 

12 if appropriate, and the fiscal year enacted level; (2) a de13 lineation in the table for each appropriation both by object 

14 class and program, project, and activity as detailed in the 

15 budget appendix for the respective appropriation; and (3) 

16 an identification of items of special congressional interest: 

17 Provided further, That the amount appropriated or limited 

18 for salaries and expenses for an agency shall be reduced 

19 by $100,000 per day for each day after the required date 

20 that the report has not been submitted to the Congress. 

21 SEC. 609. Except as otherwise specifically provided 

22 by law, not to exceed 50 percent of unobligated balances 

23 remaining available at the end of fiscal year 2009 from 

24 appropriations made available for salaries and expenses 

25 for fiscal year 2009 in this Act, shall remain available 
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1 through September 30, 2010, for each such account for 

2 the purposes authorized: Provided, That a request shall 

3 be submitted to the Committees on Appropriations of the 

4 House of Representatives and the Senate for approval 

5 prior to the expenditure of such funds: Provided further, 

6 That these requests shall be made in compliance with re7 programming guidelines. 

8 SEC. 610. None of the funds made available in this 

9 Act may be used by the Executive Office of the President 

10 to request from the Federal Bureau of Investigation any 

11 official background investigation report on any individual, 

12 except when— 

13 (1) such individual has given his or her express 

14 written consent for such request not more than 6 

15 months prior to the date of such request and during 

16 the same presidential administration; or 

17 (2) such request is required due to extraor18 dinary circumstances involving national security. 

19 SEC. 611. The cost accounting standards promul20 gated under section 26 of the Office of Federal Procure21 ment Policy Act (Public Law 93–400; 41 U.S.C. 422) 

22 shall not apply with respect to a contract under the Fed23 eral Employees Health Benefits Program established 

24 under chapter 89 of title 5, United States Code. 
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1 SEC. 612. For the purpose of resolving litigation and 

2 implementing any settlement agreements regarding the 

3 nonforeign area cost-of-living allowance program, the Of4 fice of Personnel Management may accept and utilize 

5 (without regard to any restriction on unanticipated travel 

6 expenses imposed in an Appropriations Act) funds made 

7 available to the Office of Personnel Management pursuant 

8 to court approval. 

9 SEC. 613. In order to promote Government access to 

10 commercial information technology, the restriction on pur11 chasing nondomestic articles, materials, and supplies set 

12 forth in the Buy American Act (41 U.S.C. 10a et seq.), 

13 shall not apply to the acquisition by the Federal Govern14 ment of information technology (as defined in section 

15 11101 of title 40, United States Code), that is a commer16 cial item (as defined in section 4(12) of the Office of Fed17 eral Procurement Policy Act (41 U.S.C. 403(12)). 

18 SEC. 614. Notwithstanding section 1353 of title 31, 

19 United States Code, no officer or employee of any regu20 latory agency or commission funded by this Act may ac21 cept on behalf of that agency, nor may such agency or 

22 commission accept, payment or reimbursement from a 

23 non-Federal entity for travel, subsistence, or related ex24 penses for the purpose of enabling an officer or employee 

25 to attend and participate in any meeting or similar func-
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1 tion relating to the official duties of the officer or em2 ployee when the entity offering payment or reimbursement 

3 is a person or entity subject to regulation by such agency 

4 or commission, or represents a person or entity subject 

5 to regulation by such agency or commission, unless the 

6 person or entity is an organization exempt from taxation 

7 pursuant to section 501(c)(3) of the Internal Revenue 

8 Code of 1986. 

9 SEC. 615. Section 5112 of title 31, United States 

10 Code (as amended by Public Law 110–161), is amended— 

11 (1) by redesignating the second subsection (r) 

12 as subsection (s), and 

13 (2) by striking ‘‘paragraph (4)’’ each place it 

14 appears in subsection (s)(5) (as redesignated by 

15 paragraph (1)) and inserting ‘‘paragraph (3)’’. 

16 SEC. 616. LIFE INSURANCE FOR TAX COURT

17 JUDGES AGE 65 OR OVER. (a) IN GENERAL.—Section 

18 7472 of title 26 is amended by inserting after the word 

19 ‘‘imposed’’ where it appears in the second sentence the 

20 following phrase ‘‘after April 24, 1999, that is incurred’’. 

21 (b) EFFECTIVE DATE.—This amendment shall take 

22 effect as if included in the amendment made by section 

23 852 of the Pension Protection Act of 2006. 

24 SEC. 617. The Public Company Accounting Oversight 

25 Board shall have authority to obligate funds for the schol-
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1 arship program established by section 109(c)(2) of the 

2 Sarbanes-Oxley Act of 2002 (Public Law 107–204) in an 

3 aggregate amount not exceeding the amount of funds col4 lected by the Board as of September 30, 2008, including 

5 accrued interest, as a result of the assessment of monetary 

6 penalties. Funds available for obligation in fiscal year 

7 2009 shall remain available until expended. 

8 SEC. 618. None of the funds made available in this 

9 Act may be used to administer, implement, or enforce the 

10 amendment made to section 515.533 of title 31, Code of 

11 Federal Regulations, that was published in the Federal 

12 Register on February 25, 2005. 

13 SEC. 619. Section 910(a) of the Trade Sanctions Re14 form and Export Enhancement Act of 2000 (22 U.S.C. 

15 7209(a)) is amended to read as follows: 

16 ‘‘(a) AUTHORIZATION OF TRAVEL RELATING TO

17 COMMERCIAL SALES OF AGRICULTURAL AND MEDICAL

18 GOODS.—The Secretary of the Treasury shall promulgate 

19 regulations under which the travel-related transactions 

20 listed in paragraph (c) of section 515.560 of title 31, Code 

21 of Federal Regulations, are authorized by general license 

22 for travel to, from, or within Cuba for the marketing and 

23 sale of agricultural and medical goods pursuant to the pro24 visions of this title.’’. 
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1 SEC. 620. None of the funds made available in this 

2 Act may be used to administer, implement, or enforce the 

3 amendments made to section 515.560 and section 515.561 

4 of title 31, Code of Federal Regulations, related to travel 

5 to visit relatives in Cuba, that were published in the Fed6 eral Register on June 16, 2004. 

7 SEC. 621. Through September 30, 2012, notwith8 standing any other provision of law, neither the Board of 

9 Governors of the Federal Reserve System nor the Sec10 retary of the Treasury may determine, by rule, regulation, 

11 order, or otherwise, for the purposes of section 4(K) of 

12 the Bank Holding Company Act of 1956, or section 5136A 

13 of the Revised Statutes of the United States, that real es14 tate brokerage activity or real estate management activity 

15 (which for purposes of this paragraph shall be defined to 

16 mean ‘‘real estate brokerage’’ and ‘‘property manage17 ment’’ respectively, as those terms were understood by the 

18 Federal Reserve Board prior to March 11, 2000) is an 

19 activity that is financial in nature, is incidental to any fi20 nancial activity, or is complementary to a financial activ21 ity. For purposes of this paragraph, ‘‘real estate brokerage 

22 activity’’ shall mean ‘‘real estate brokerage’’, and ‘‘real es23 tate management activity’’ shall mean ‘‘property manage24 ment’’ as those terms were understood by the Federal Re25 serve Board prior to March 11, 2000. 
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1 SEC. 622. CHRISTOPHER COLUMBUS FELLOWSHIP

2 AUTHORIZATION. The Christopher Columbus Fellowship 

3 Act (20 U.S.C. 5701 et seq.) is amended— 

4 (1) in section 426(a) (20 U.S.C. 5705(a))— 

5 (A) in paragraph (3), by striking ‘‘and’’ at 

6 the end; 

7 (B) by redesignating paragraph (4) as 

8 paragraph (5); and 

9 (C) by inserting after paragraph (3) the 

10 following: 

11 ‘‘(4) amounts appropriated to the Foundation, 

12 as authorized under section 430; and’’; and 

13 (2) by adding at the end the following new sec14 tion: 

15 ‘‘SEC. 430. AUTHORIZATION OF APPROPRIATIONS. 

16 ‘‘There are authorized to be appropriated to the 

17 Foundation, such sums as may be necessary to carry out 

18 this subtitle.’’. 

19 SEC. 623. (a) Within 90 days after the date of enact20 ment of this Act, the Federal Trade Commission shall ini21 tiate a rulemaking proceeding with respect to subprime 

22 mortgage loans and nontraditional mortgage loans in ac23 cordance with section 553 of title 5, United States Code. 

24 Any violation of a rule prescribed under this subsection 

25 shall be treated as a violation of a rule under section 18 
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1 of the Federal Trade Commission Act (15 U.S.C. 57a) re2 garding unfair or deceptive acts or practices. 

3 (b)(1) Except as provided in paragraph (6), a State, 

4 as parens patriae, may bring a civil action on behalf of 

5 its residents in an appropriate State or district court of 

6 the United States to enforce the provisions of section 128 

7 of the Truth in Lending Act (15 U.S.C. 1638), any other 

8 provision of the Truth in Lending Act, or any subprime 

9 mortgage loan rule or nontraditional mortgage loan rule 

10 promulgated by the Federal Trade Commission to obtain 

11 penalties and relief provided under such Act or rule when12 ever the attorney general of the State has reason to believe 

13 that the interests of the residents of the State have been 

14 or are being threatened or adversely affected by a violation 

15 of such Act or rule. 

16 (2) The State shall serve written notice to the Com17 mission of any civil action under paragraph (1) at least 

18 60 days prior to initiating such civil action. The notice 

19 shall include a copy of the complaint to be filed to initiate 

20 such civil action, except that if it is not feasible for the 

21 State to provide such prior notice, the State shall provide 

22 notice immediately upon instituting such civil action. 

23 (3) Upon receiving the notice required by paragraph 

24 (2), the Commission may intervene in such civil action and 

25 upon intervening— 
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1 (A) be heard on all matters arising in such civil 

2 action; 

3 (B) remove the action to the appropriate 

4 United States district court; and 

5 (C) file petitions for appeal of a decision in 

6 such civil action. 

7 (4) Nothing in this subsection shall prevent the attor8 ney general of a State from exercising the powers con9 ferred on the attorney general by the laws of such State 

10 to conduct investigations or to administer oaths or affir11 mations or to compel the attendance of witnesses or the 

12 production of documentary and other evidence. Nothing 

13 in this section shall prohibit the attorney general of a 

14 State, or other authorized State officer, from proceeding 

15 in State or Federal court on the basis of an alleged viola16 tion of any civil or criminal statute of that State. 

17 (5) In a civil action brought under paragraph (1)— 

18 (A) the venue shall be a judicial district in 

19 which the defendant is found, is an inhabitant, or 

20 transacts business or wherever venue is proper under 

21 section 1391 of title 28, United States Code; and 

22 (B) process may be served without regard to 

23 the territorial limits of the district or of the State 

24 in which the civil action is instituted. 
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1 (6) Whenever a civil action or an administrative ac2 tion has been instituted by or on behalf of the Commission 

3 for violation of any provision of law or rule described in 

4 paragraph (1), no State may, during the pendency of such 

5 action instituted by or on behalf of the Commission, insti6 tute a civil action under that paragraph against any de7 fendant named in the complaint in such action for viola8 tion of any law or rule as alleged in such complaint. 

9 (7) If the attorney general of a State prevails in any 

10 civil action under paragraph (1), the State can recover 

11 reasonable costs and attorney fees from the lender or re12 lated party. 

13 (c) Section 129 of the Truth in Lending Act (15 

14 U.S.C. 1639) is amended by adding at the end the fol15 lowing: 

16 ‘‘(m) CIVIL PENALTIES IN FEDERAL TRADE COM17 MISSION ENFORCEMENT ACTIONS.—For purposes of en18 forcement by the Federal Trade Commission, any violation 

19 of a regulation issued by the Federal Reserve Board pur20 suant to subsection (l)(2) of this section shall be treated 

21 as a violation of a rule promulgated under section 18 of 

22 the Federal Trade Commission Act (15 U.S.C. 57a) re23 garding unfair or deceptive acts or practices.’’. 
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1 TITLE VII 

2 GENERAL PROVISIONS GOVERNMENT-WIDE 

3 DEPARTMENTS, AGENCIES, AND CORPORATIONS

4 SEC. 701. No department, agency, or instrumentality 

5 of the United States receiving appropriated funds under 

6 this or any other Act for fiscal year 2009 shall obligate 

7 or expend any such funds, unless such department, agen8 cy, or instrumentality has in place, and will continue to 

9 administer in good faith, a written policy designed to en10 sure that all of its workplaces are free from the illegal 

11 use, possession, or distribution of controlled substances 

12 (as defined in the Controlled Substances Act (21 U.S.C. 

13 802)) by the officers and employees of such department, 

14 agency, or instrumentality. 

15 SEC. 702. Unless otherwise specifically provided, the 

16 maximum amount allowable during the current fiscal year 

17 in accordance with section 16 of the Act of August 2, 1946 

18 (60 Stat. 810), for the purchase of any passenger motor 

19 vehicle (exclusive of buses, ambulances, law enforcement, 

20 and undercover surveillance vehicles), is hereby fixed at 

21 $13,197 except station wagons for which the maximum 

22 shall be $13,631: Provided, That these limits may be ex23 ceeded by not to exceed $3,700 for police-type vehicles, 

24 and by not to exceed $4,000 for special heavy-duty vehi25 cles: Provided further, That the limits set forth in this sec-
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1 tion may not be exceeded by more than 5 percent for elec2 tric or hybrid vehicles purchased for demonstration under 

3 the provisions of the Electric and Hybrid Vehicle Re4 search, Development, and Demonstration Act of 1976: 

5 Provided further, That the limits set forth in this section 

6 may be exceeded by the incremental cost of clean alter7 native fuels vehicles acquired pursuant to Public Law 

8 101–549 over the cost of comparable conventionally fueled 

9 vehicles. 

10 SEC. 703. Appropriations of the executive depart11 ments and independent establishments for the current fis12 cal year available for expenses of travel, or for the ex13 penses of the activity concerned, are hereby made available 

14 for quarters allowances and cost-of-living allowances, in 

15 accordance with 5 U.S.C. 5922–5924. 

16 SEC. 704. Unless otherwise specified during the cur17 rent fiscal year, no part of any appropriation contained 

18 in this or any other Act shall be used to pay the compensa19 tion of any officer or employee of the Government of the 

20 United States (including any agency the majority of the 

21 stock of which is owned by the Government of the United 

22 States) whose post of duty is in the continental United 

23 States unless such person: (1) is a citizen of the United 

24 States; (2) is a person in the service of the United States 

25 on the date of the enactment of this Act who, being eligible 
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1 for citizenship, has filed a declaration of intention to be2 come a citizen of the United States prior to such date and 

3 is actually residing in the United States; (3) is a person 

4 who owes allegiance to the United States; (4) is an alien 

5 from Cuba, Poland, South Vietnam, the countries of the 

6 former Soviet Union, or the Baltic countries lawfully ad7 mitted to the United States for permanent residence; (5) 

8 is a South Vietnamese, Cambodian, or Laotian refugee pa9 roled in the United States after January 1, 1975; or (6) 

10 is a national of the People’s Republic of China who quali11 fies for adjustment of status pursuant to the Chinese Stu12 dent Protection Act of 1992 (Public Law 102–404): Pro13 vided, That for the purpose of this section, an affidavit 

14 signed by any such person shall be considered prima facie 

15 evidence that the requirements of this section with respect 

16 to his or her status have been complied with: Provided fur17 ther, That any person making a false affidavit shall be 

18 guilty of a felony, and, upon conviction, shall be fined no 

19 more than $4,000 or imprisoned for not more than 1 year, 

20 or both: Provided further, That the above penal clause 

21 shall be in addition to, and not in substitution for, any 

22 other provisions of existing law: Provided further, That 

23 any payment made to any officer or employee contrary to 

24 the provisions of this section shall be recoverable in action 

25 by the Federal Government. This section shall not apply 
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1 to citizens of Ireland, Israel, or the Republic of the Phil2 ippines, or to nationals of those countries allied with the 

3 United States in a current defense effort, or to inter4 national broadcasters employed by the Broadcasting 

5 Board of Governors, or to temporary employment of trans6 lators, or to temporary employment in the field service 

7 (not to exceed 60 days) as a result of emergencies: Pro8 vided, That this section does not apply to the employment 

9 as Wildland firefighters for not more than 120 days of 

10 nonresident aliens employed by the Department of the In11 terior or the USDA Forest Service pursuant to an agree12 ment with another country. 

13 SEC. 705. Appropriations available to any depart14 ment or agency during the current fiscal year for nec15 essary expenses, including maintenance or operating ex16 penses, shall also be available for payment to the General 

17 Services Administration for charges for space and services 

18 and those expenses of renovation and alteration of build19 ings and facilities which constitute public improvements 

20 performed in accordance with the Public Buildings Act of 

21 1959 (73 Stat. 479), the Public Buildings Amendments 

22 of 1972 (86 Stat. 216), or other applicable law. 

23 SEC. 706. In addition to funds provided in this or 

24 any other Act, all Federal agencies are authorized to re25 ceive and use funds resulting from the sale of materials, 
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1 including Federal records disposed of pursuant to a 

2 records schedule recovered through recycling or waste pre3 vention programs. Such funds shall be available until ex4 pended for the following purposes: 

5 (1) Acquisition, waste reduction and prevention, 

6 and recycling programs as described in Executive 

7 Order No. 13423 (January 24, 2007), including any 

8 such programs adopted prior to the effective date of 

9 the Executive order. 

10 (2) Other Federal agency environmental man11 agement programs, including, but not limited to, the 

12 development and implementation of hazardous waste 

13 management and pollution prevention programs. 

14 (3) Other employee programs as authorized by 

15 law or as deemed appropriate by the head of the 

16 Federal agency. 

17 SEC. 707. Funds made available by this or any other 

18 Act for administrative expenses in the current fiscal year 

19 of the corporations and agencies subject to chapter 91 of 

20 title 31, United States Code, shall be available, in addition 

21 to objects for which such funds are otherwise available, 

22 for rent in the District of Columbia; services in accordance 

23 with 5 U.S.C. 3109; and the objects specified under this 

24 head, all the provisions of which shall be applicable to the 

25 expenditure of such funds unless otherwise specified in the 
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1 Act by which they are made available: Provided, That in 

2 the event any functions budgeted as administrative ex3 penses are subsequently transferred to or paid from other 

4 funds, the limitations on administrative expenses shall be 

5 correspondingly reduced. 

6 SEC. 708. No part of any appropriation contained in 

7 this or any other Act shall be available for interagency 

8 financing of boards (except Federal Executive Boards), 

9 commissions, councils, committees, or similar groups 

10 (whether or not they are interagency entities) which do 

11 not have a prior and specific statutory approval to receive 

12 financial support from more than one agency or instru13 mentality. 

14 SEC. 709. None of the funds made available pursuant 

15 to the provisions of this Act shall be used to implement, 

16 administer, or enforce any regulation which has been dis17 approved pursuant to a joint resolution duly adopted in 

18 accordance with the applicable law of the United States. 

19 SEC. 710. (a) Notwithstanding any other provision 

20 of law, and except as otherwise provided in this section, 

21 no part of any of the funds appropriated for fiscal year 

22 2009, by this or any other Act, may be used to pay any 

23 prevailing rate employee described in section 

24 5342(a)(2)(A) of title 5, United States Code— 
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1 (1) during the period from the date of expira2 tion of the limitation imposed by the comparable sec3 tion for previous fiscal years until the normal effec4 tive date of the applicable wage survey adjustment 

5 that is to take effect in fiscal year 2009, in an 

6 amount that exceeds the rate payable for the appli7 cable grade and step of the applicable wage schedule 

8 in accordance with such section; and 

9 (2) during the period consisting of the remain10 der of fiscal year 2009, in an amount that exceeds, 

11 as a result of a wage survey adjustment, the rate 

12 payable under paragraph (1) by more than the sum 

13 of— 

14 (A) the percentage adjustment taking ef15 fect in fiscal year 2009 under section 5303 of 

16 title 5, United States Code, in the rates of pay 

17 under the General Schedule; and 

18 (B) the difference between the overall aver19 age percentage of the locality-based com20 parability payments taking effect in fiscal year 

21 2009 under section 5304 of such title (whether 

22 by adjustment or otherwise), and the overall av23 erage percentage of such payments which was 

24 effective in the previous fiscal year under such 

25 section. 
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1 (b) Notwithstanding any other provision of law, no 

2 prevailing rate employee described in subparagraph (B) or 

3 (C) of section 5342(a)(2) of title 5, United States Code, 

4 and no employee covered by section 5348 of such title, 

5 may be paid during the periods for which subsection (a) 

6 is in effect at a rate that exceeds the rates that would 

7 be payable under subsection (a) were subsection (a) appli8 cable to such employee. 

9 (c) For the purposes of this section, the rates payable 

10 to an employee who is covered by this section and who 

11 is paid from a schedule not in existence on September 30, 

12 2008, shall be determined under regulations prescribed by 

13 the Office of Personnel Management. 

14 (d) Notwithstanding any other provision of law, rates 

15 of premium pay for employees subject to this section may 

16 not be changed from the rates in effect on September 30, 

17 2008, except to the extent determined by the Office of 

18 Personnel Management to be consistent with the purpose 

19 of this section. 

20 (e) This section shall apply with respect to pay for 

21 service performed after September 30, 2008. 

22 (f) For the purpose of administering any provision 

23 of law (including any rule or regulation that provides pre24 mium pay, retirement, life insurance, or any other em25 ployee benefit) that requires any deduction or contribu-
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1 tion, or that imposes any requirement or limitation on the 

2 basis of a rate of salary or basic pay, the rate of salary 

3 or basic pay payable after the application of this section 

4 shall be treated as the rate of salary or basic pay. 

5 (g) Nothing in this section shall be considered to per6 mit or require the payment to any employee covered by 

7 this section at a rate in excess of the rate that would be 

8 payable were this section not in effect. 

9 (h) The Office of Personnel Management may provide 

10 for exceptions to the limitations imposed by this section 

11 if the Office determines that such exceptions are necessary 

12 to ensure the recruitment or retention of qualified employ13 ees. 

14 SEC. 711. During the period in which the head of 

15 any department or agency, or any other officer or civilian 

16 employee of the Federal Government appointed by the 

17 President of the United States, holds office, no funds may 

18 be obligated or expended in excess of $5,000 to furnish 

19 or redecorate the office of such department head, agency 

20 head, officer, or employee, or to purchase furniture or 

21 make improvements for any such office, unless advance 

22 notice of such furnishing or redecoration is expressly ap23 proved by the Committees on Appropriations of the House 

24 of Representatives and the Senate. For the purposes of 

25 this section, the term ‘‘office’’ shall include the entire suite 
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1 of offices assigned to the individual, as well as any other 

2 space used primarily by the individual or the use of which 

3 is directly controlled by the individual. 

4 SEC. 712. Notwithstanding section 1346 of title 31, 

5 United States Code, or section 708 of this Act, funds 

6 made available for the current fiscal year by this or any 

7 other Act shall be available for the interagency funding 

8 of national security and emergency preparedness tele9 communications initiatives which benefit multiple Federal 

10 departments, agencies, or entities, as provided by Execu11 tive Order No. 12472 (April 3, 1984). 

12 SEC. 713. (a) None of the funds appropriated by this 

13 or any other Act may be obligated or expended by any 

14 Federal department, agency, or other instrumentality for 

15 the salaries or expenses of any employee appointed to a 

16 position of a confidential or policy-determining character 

17 excepted from the competitive service pursuant to section 

18 3302 of title 5, United States Code, without a certification 

19 to the Office of Personnel Management from the head of 

20 the Federal department, agency, or other instrumentality 

21 employing the Schedule C appointee that the Schedule C 

22 position was not created solely or primarily in order to 

23 detail the employee to the White House. 
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1 (b) The provisions of this section shall not apply to 

2 Federal employees or members of the armed forces de3 tailed to or from— 

4 (1) the Central Intelligence Agency; 

5 (2) the National Security Agency; 

6 (3) the Defense Intelligence Agency; 

7 (4) the National Geospatial-Intelligence Agency; 

8 (5) the offices within the Department of De9 fense for the collection of specialized national foreign 

10 intelligence through reconnaissance programs; 

11 (6) the Bureau of Intelligence and Research of 

12 the Department of State; 

13 (7) any agency, office, or unit of the Army, 

14 Navy, Air Force, and Marine Corps, the Department 

15 of Homeland Security, the Federal Bureau of Inves16 tigation and the Drug Enforcement Administration 

17 of the Department of Justice, the Department of 

18 Transportation, the Department of the Treasury, 

19 and the Department of Energy performing intel20 ligence functions; and 

21 (8) the Director of National Intelligence or the 

22 Office of the Director of National Intelligence. 

23 SEC. 714. No part of any appropriation contained in 

24 this or any other Act shall be available for the payment 
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1 of the salary of any officer or employee of the Federal 

2 Government, who— 

3 (1) prohibits or prevents, or attempts or threat4 ens to prohibit or prevent, any other officer or em5 ployee of the Federal Government from having any 

6 direct oral or written communication or contact with 

7 any Member, committee, or subcommittee of the 

8 Congress in connection with any matter pertaining 

9 to the employment of such other officer or employee 

10 or pertaining to the department or agency of such 

11 other officer or employee in any way, irrespective of 

12 whether such communication or contact is at the ini13 tiative of such other officer or employee or in re14 sponse to the request or inquiry of such Member, 

15 committee, or subcommittee; or 

16 (2) removes, suspends from duty without pay, 

17 demotes, reduces in rank, seniority, status, pay, or 

18 performance or efficiency rating, denies promotion 

19 to, relocates, reassigns, transfers, disciplines, or dis20 criminates in regard to any employment right, enti21 tlement, or benefit, or any term or condition of em22 ployment of, any other officer or employee of the 

23 Federal Government, or attempts or threatens to 

24 commit any of the foregoing actions with respect to 

25 such other officer or employee, by reason of any 
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1 communication or contact of such other officer or 

2 employee with any Member, committee, or sub3 committee of the Congress as described in paragraph 

4 (1). 

5 SEC. 715. (a) None of the funds made available in 

6 this or any other Act may be obligated or expended for 

7 any employee training that— 

8 (1) does not meet identified needs for knowl9 edge, skills, and abilities bearing directly upon the 

10 performance of official duties; 

11 (2) contains elements likely to induce high lev12 els of emotional response or psychological stress in 

13 some participants; 

14 (3) does not require prior employee notification 

15 of the content and methods to be used in the train16 ing and written end of course evaluation; 

17 (4) contains any methods or content associated 

18 with religious or quasi-religious belief systems or 

19 ‘‘new age’’ belief systems as defined in Equal Em20 ployment Opportunity Commission Notice N– 

21 915.022, dated September 2, 1988; or 

22 (5) is offensive to, or designed to change, par23 ticipants’ personal values or lifestyle outside the 

24 workplace. 
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1 (b) Nothing in this section shall prohibit, restrict, or 

2 otherwise preclude an agency from conducting training 

3 bearing directly upon the performance of official duties. 

4 SEC. 716. No funds appropriated in this or any other 

5 Act may be used to implement or enforce the agreements 

6 in Standard Forms 312 and 4414 of the Government or 

7 any other nondisclosure policy, form, or agreement if such 

8 policy, form, or agreement does not contain the following 

9 provisions: ‘‘These restrictions are consistent with and do 

10 not supersede, conflict with, or otherwise alter the em11 ployee obligations, rights, or liabilities created by Execu12 tive Order No. 12958; section 7211 of title 5, United 

13 States Code (governing disclosures to Congress); section 

14 1034 of title 10, United States Code, as amended by the 

15 Military Whistleblower Protection Act of 1989 (governing 

16 disclosure to Congress by members of the military); sec17 tion 2302(b)(8) of title 5, United States Code, as amended 

18 by the Whistleblower Protection Act (governing disclo19 sures of illegality, waste, fraud, abuse or public health or 

20 safety threats); the Intelligence Identities Protection Act 

21 of 1982 (50 U.S.C. 421 et seq.) (governing disclosures 

22 that could expose confidential Government agents); and 

23 the statutes which protect against disclosure that may 

24 compromise the national security, including sections 641, 

25 793, 794, 798, and 952 of title 18, United States Code, 
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1 and section 4(b) of the Subversive Activities Act of 1950 

2 (50 U.S.C. 783(b)). The definitions, requirements, obliga3 tions, rights, sanctions, and liabilities created by said Ex4 ecutive order and listed statutes are incorporated into this 

5 agreement and are controlling.’’: Provided, That notwith6 standing the preceding paragraph, a nondisclosure policy 

7 form or agreement that is to be executed by a person con8 nected with the conduct of an intelligence or intelligence9 related activity, other than an employee or officer of the 

10 United States Government, may contain provisions appro11 priate to the particular activity for which such document 

12 is to be used. Such form or agreement shall, at a min13 imum, require that the person will not disclose any classi14 fied information received in the course of such activity un15 less specifically authorized to do so by the United States 

16 Government. Such nondisclosure forms shall also make it 

17 clear that they do not bar disclosures to Congress, or to 

18 an authorized official of an executive agency or the De19 partment of Justice, that are essential to reporting a sub20 stantial violation of law. 

21 SEC. 717. No part of any funds appropriated in this 

22 or any other Act shall be used by an agency of the execu23 tive branch, other than for normal and recognized execu24 tive-legislative relationships, for publicity or propaganda 

25 purposes, and for the preparation, distribution or use of 
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1 any kit, pamphlet, booklet, publication, radio, television, 

2 or film presentation designed to support or defeat legisla3 tion pending before the Congress, except in presentation 

4 to the Congress itself. 

5 SEC. 718. None of the funds appropriated by this or 

6 any other Act may be used by an agency to provide a Fed7 eral employee’s home address to any labor organization 

8 except when the employee has authorized such disclosure 

9 or when such disclosure has been ordered by a court of 

10 competent jurisdiction. 

11 SEC. 719. None of the funds made available in this 

12 Act or any other Act may be used to provide any non13 public information such as mailing or telephone lists to 

14 any person or any organization outside of the Federal 

15 Government without the approval of the Committees on 

16 Appropriations of the House of Representatives and the 

17 Senate. 

18 SEC. 720. No part of any appropriation contained in 

19 this or any other Act shall be used directly or indirectly, 

20 including by private contractor, for publicity or propa21 ganda purposes within the United States not heretofor au22 thorized by the Congress. 

23 SEC. 721. (a) In this section, the term ‘‘agency’’— 

24 (1) means an Executive agency, as defined 

25 under section 105 of title 5, United States Code; 
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1 (2) includes a military department, as defined 

2 under section 102 of such title, the Postal Service, 

3 and the Postal Regulatory Commission; and 

4 (3) shall not include the Government Account5 ability Office. 

6 (b) Unless authorized in accordance with law or regu7 lations to use such time for other purposes, an employee 

8 of an agency shall use official time in an honest effort 

9 to perform official duties. An employee not under a leave 

10 system, including a Presidential appointee exempted under 

11 section 6301(2) of title 5, United States Code, has an obli12 gation to expend an honest effort and a reasonable propor13 tion of such employee’s time in the performance of official 

14 duties. 

15 SEC. 722. Notwithstanding 31 U.S.C. 1346 and sec16 tion 708 of this Act, funds made available for the current 

17 fiscal year by this or any other Act to any department 

18 or agency, which is a member of the Federal Accounting 

19 Standards Advisory Board (FASAB), shall be available to 

20 finance an appropriate share of FASAB administrative 

21 costs. 

22 (TRANSFER OF FUNDS)

23 SEC. 723. Notwithstanding 31 U.S.C. 1346 and sec24 tion 708 of this Act, the head of each Executive depart25 ment and agency is hereby authorized to transfer to or 

26 reimburse ‘‘General Services Administration, Government- 
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1 wide Policy’’ with the approval of the Director of the Of2 fice of Management and Budget, funds made available for 

3 the current fiscal year by this or any other Act, including 

4 rebates from charge card and other contracts: Provided, 

5 That these funds shall be administered by the Adminis6 trator of General Services to support Government-wide fi7 nancial, information technology, procurement, and other 

8 management innovations, initiatives, and activities, as ap9 proved by the Director of the Office of Management and 

10 Budget, in consultation with the appropriate interagency 

11 groups designated by the Director (including the Presi12 dent’s Management Council for overall management im13 provement initiatives, the Chief Financial Officers Council 

14 for financial management initiatives, the Chief Informa15 tion Officers Council for information technology initia16 tives, the Chief Human Capital Officers Council for 

17 human capital initiatives, and the Chief Acquisition Offi18 cers Council for procurement initiatives): Provided further, 

19 That the total funds transferred or reimbursed shall not 

20 exceed $17,000,000: Provided further, That such transfers 

21 or reimbursements may only be made after 15 days fol22 lowing notification of the Committees on Appropriations 

23 by the Director of the Office of Management and Budget. 

24 SEC. 724. Notwithstanding any other provision of 

25 law, a woman may breastfeed her child at any location 
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1 in a Federal building or on Federal property, if the woman 

2 and her child are otherwise authorized to be present at 

3 the location. 

4 SEC. 725. Notwithstanding section 1346 of title 31, 

5 United States Code, or section 708 of this Act, funds 

6 made available for the current fiscal year by this or any 

7 other Act shall be available for the interagency funding 

8 of specific projects, workshops, studies, and similar efforts 

9 to carry out the purposes of the National Science and 

10 Technology Council (authorized by Executive Order No. 

11 12881), which benefit multiple Federal departments, 

12 agencies, or entities: Provided, That the Office of Manage13 ment and Budget shall provide a report describing the 

14 budget of and resources connected with the National 

15 Science and Technology Council to the Committees on Ap16 propriations, the House Committee on Science and Tech17 nology, and the Senate Committee on Commerce, Science, 

18 and Transportation 90 days after enactment of this Act. 

19 SEC. 726. Any request for proposals, solicitation, 

20 grant application, form, notification, press release, or 

21 other publications involving the distribution of Federal 

22 funds shall indicate the agency providing the funds, the 

23 Catalog of Federal Domestic Assistance Number, as appli24 cable, and the amount provided: Provided, That this provi-
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1 sion shall apply to direct payments, formula funds, and 

2 grants received by a State receiving Federal funds. 

3 SEC. 727. (a) PROHIBITION OF FEDERAL AGENCY

4 MONITORING OF INDIVIDUALS’ INTERNET USE.—None of 

5 the funds made available in this or any other Act may 

6 be used by any Federal agency— 

7 (1) to collect, review, or create any aggregation 

8 of data, derived from any means, that includes any 

9 personally identifiable information relating to an in10 dividual’s access to or use of any Federal Govern11 ment Internet site of the agency; or 

12 (2) to enter into any agreement with a third 

13 party (including another government agency) to col14 lect, review, or obtain any aggregation of data, de15 rived from any means, that includes any personally 

16 identifiable information relating to an individual’s 

17 access to or use of any nongovernmental Internet 

18 site. 

19 (b) EXCEPTIONS.—The limitations established in 

20 subsection (a) shall not apply to— 

21 (1) any record of aggregate data that does not 

22 identify particular persons; 

23 (2) any voluntary submission of personally iden24 tifiable information; 
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1 (3) any action taken for law enforcement, regu2 latory, or supervisory purposes, in accordance with 

3 applicable law; or 

4 (4) any action described in subsection (a)(1) 

5 that is a system security action taken by the oper6 ator of an Internet site and is necessarily incident 

7 to providing the Internet site services or to pro8 tecting the rights or property of the provider of the 

9 Internet site. 

10 (c) DEFINITIONS.—For the purposes of this section: 

11 (1) The term ‘regulatory’ means agency actions 

12 to implement, interpret or enforce authorities pro13 vided in law. 

14 (2) The term ‘supervisory’ means examinations 

15 of the agency’s supervised institutions, including as16 sessing safety and soundness, overall financial condi17 tion, management practices and policies and compli18 ance with applicable standards as provided in law. 

19 SEC. 728. (a) None of the funds appropriated by this 

20 Act may be used to enter into or renew a contract which 

21 includes a provision providing prescription drug coverage, 

22 except where the contract also includes a provision for con23 traceptive coverage. 

24 (b) Nothing in this section shall apply to a contract 

25 with— 
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1 (1) any of the following religious plans: 

2 (A) Personal Care’s HMO; and 

3 (B) OSF HealthPlans, Inc.; and 

4 (2) any existing or future plan, if the carrier 

5 for the plan objects to such coverage on the basis of 

6 religious beliefs. 

7 (c) In implementing this section, any plan that enters 

8 into or renews a contract under this section may not sub9 ject any individual to discrimination on the basis that the 

10 individual refuses to prescribe or otherwise provide for 

11 contraceptives because such activities would be contrary 

12 to the individual’s religious beliefs or moral convictions. 

13 (d) Nothing in this section shall be construed to re14 quire coverage of abortion or abortion-related services. 

15 SEC. 729. The Congress of the United States recog16 nizes the United States Anti-Doping Agency (USADA) as 

17 the official anti-doping agency for Olympic, Pan Amer18 ican, and Paralympic sport in the United States. 

19 SEC. 730. Notwithstanding any other provision of 

20 law, funds appropriated for official travel by Federal de21 partments and agencies may be used by such departments 

22 and agencies, if consistent with Office of Management and 

23 Budget Circular A–126 regarding official travel for Gov24 ernment personnel, to participate in the fractional aircraft 

25 ownership pilot program. 
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1 SEC. 731. Notwithstanding any other provision of 

2 law, none of the funds appropriated or made available 

3 under this Act or any other appropriations Act may be 

4 used to implement or enforce restrictions or limitations on 

5 the Coast Guard Congressional Fellowship Program, or to 

6 implement the proposed regulations of the Office of Per7 sonnel Management to add sections 300.311 through 

8 300.316 to part 300 of title 5 of the Code of Federal Reg9 ulations, published in the Federal Register, volume 68, 

10 number 174, on September 9, 2003 (relating to the detail 

11 of executive branch employees to the legislative branch). 

12 SEC. 732. Notwithstanding any other provision of 

13 law, no executive branch agency shall purchase, construct, 

14 and/or lease any additional facilities, except within or con15 tiguous to existing locations, to be used for the purpose 

16 of conducting Federal law enforcement training without 

17 the advance approval of the Committees on Appropria18 tions, except that the Federal Law Enforcement Training 

19 Center is authorized to obtain the temporary use of addi20 tional facilities by lease, contract, or other agreement for 

21 training which cannot be accommodated in existing Center 

22 facilities. 

23 SEC. 733. (a) For fiscal year 2009, no funds shall 

24 be available for transfers or reimbursements to the E-Gov25 ernment initiatives sponsored by the Office of Manage-
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1 ment and Budget prior to 15 days following submission 

2 of a report to the Committees on Appropriations by the 

3 Director of the Office of Management and Budget and re4 ceipt of approval to transfer funds by the House and Sen5 ate Committees on Appropriations. 

6 (b) The report in (a) and other required justification 

7 materials shall include at a minimum— 

8 (1) a description of each initiative including but 

9 not limited to its objectives, benefits, development 

10 status, risks, cost effectiveness (including estimated 

11 net costs or savings to the government), and the es12 timated date of full operational capability; 

13 (2) the total development cost of each initiative 

14 by fiscal year including costs to date, the estimated 

15 costs to complete its development to full operational 

16 capability, and estimated annual operations and 

17 maintenance costs; and 

18 (3) the sources and distribution of funding by 

19 fiscal year and by agency and bureau for each initia20 tive including agency contributions to date and esti21 mated future contributions by agency. 

22 (c) No funds shall be available for obligation or ex23 penditure for new E-Government initiatives without the 

24 explicit approval of the Committees on Appropriations of 

25 the House of Representatives and the Senate. 
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1 SEC. 734. Notwithstanding section 1346 of title 31, 

2 United States Code, and section 708 of this Act and any 

3 other provision of law, the head of each appropriate execu4 tive department and agency shall transfer to or reimburse 

5 the Federal Aviation Administration, upon the direction 

6 of the Director of the Office of Management and Budget, 

7 funds made available by this or any other Act for the pur8 poses described below, and shall submit budget requests 

9 for such purposes. These funds shall be administered by 

10 the Federal Aviation Administration, in consultation with 

11 the appropriate interagency groups designated by the Di12 rector and shall be used to ensure the uninterrupted, con13 tinuous operation of the Midway Atoll Airfield by the Fed14 eral Aviation Administration pursuant to an operational 

15 agreement with the Department of the Interior for the en16 tirety of fiscal year 2009 and any period thereafter that 

17 precedes the enactment of the Financial Services and Gen18 eral Government Appropriations Act, 2010. The Director 

19 of the Office of Management and Budget shall mandate 

20 the necessary transfers after determining an equitable al21 location between the appropriate executive departments 

22 and agencies of the responsibility for funding the contin23 uous operation of the Midway Atoll Airfield based on, but 

24 not limited to, potential use, interest in maintaining avia25 tion safety, and applicability to governmental operations 
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1 and agency mission. The total funds transferred or reim2 bursed shall not exceed $6,000,000 for any 12-month pe3 riod. Such sums shall be sufficient to ensure continued 

4 operation of the airfield throughout the period cited above. 

5 Funds shall be available for operation of the airfield or 

6 airfield-related capital upgrades. The Director of the Of7 fice of Management and Budget shall notify the Commit8 tees on Appropriations of such transfers or reimburse9 ments within 15 days of this Act. Such transfers or reim10 bursements shall begin within 30 days of enactment of this 

11 Act. 

12 SEC. 735. Section 739 of division D of the Consoli13 dated Appropriations Act, 2008 (Public Law 110–161; 

14 121 Stat. 2029) is amended by striking subsection (b) and 

15 inserting the following: 

16 ‘‘(b) GUIDELINES ON INSOURCING NEW AND CON17 TRACTED OUT FUNCTIONS.— 

18 ‘‘(1) GUIDELINES REQUIRED.— 

19 ‘‘(A) The heads of executive agencies sub20 ject to the Federal Activities Inventory Reform 

21 Act (Public Law 105–270), shall devise and im22 plement guidelines and procedures to ensure 

23 that consideration is given to using, on a reg24 ular basis, Federal employees to perform new 

25 functions and functions that are performed by 
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1 contractors and could be performed by Federal 

2 employees. 

3 ‘‘(B) The guidelines and procedures re4 quired under subparagraph (A) may not include 

5 any specific limitation or restriction on the 

6 number of functions or activities that may be 

7 converted to performance by Federal employees. 

8 ‘‘(2) SPECIAL CONSIDERATION FOR CERTAIN

9 FUNCTIONS.—The guidelines and procedures re10 quired under paragraph (1) shall provide for special 

11 consideration to be given to using Federal employees 

12 to perform any function that 

13 ‘‘(A) is performed by a contractor and— 

14 ‘‘(i) has been performed by Federal 

15 employees at any time during the previous 

16 10 years; 

17 ‘‘(ii) is a function closely associated 

18 with the performance of an inherently gov19 ernmental function; 

20 ‘‘(iii) has been performed pursuant to 

21 a contract awarded on a non-competitive 

22 basis; or 

23 ‘‘(iv) has been performed poorly, as 

24 determined by a contracting officer during 

25 the 5-year period preceding the date of 
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1 such determination, because of excessive 

2 costs or inferior quality; or 

3 ‘‘(B) is a new requirement, with particular 

4 emphasis given to a new requirement that is 

5 similar to a function previously performed by 

6 Federal employees or is a function closely asso7 ciated with the performance of an inherently 

8 governmental function. 

9 ‘‘(3) EXCLUSION OF CERTAIN FUNCTIONS FROM

10 COMPETITIONS.—The head of an executive agency 

11 may not conduct a public-private competition under 

12 Office of Management and Budget Circular A–76 or 

13 any other provision of law or regulation before— 

14 ‘‘(A) in the case of a new agency function, 

15 assigning the performance of the function to 

16 Federal employees; 

17 ‘‘(B) in the case of any agency function de18 scribed in subsection (2), converting the func19 tion to performance by Federal employees; or 

20 ‘‘(C) in the case of an agency function per21 formed by Federal employees, expanding the 

22 scope of the function. 

23 ‘‘(4) DEADLINE.— 

24 ‘‘(A) The head of each executive agency 

25 shall implement the guidelines and procedures 
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1 required under this section by not later than 

2 120 days after the date of the enactment of this 

3 Act. 

4 ‘‘(B) Not later than 210 days after the 

5 date of the enactment of this Act, the Govern6 ment Accountability Office shall submit a re7 port on the implementation of this subsection to 

8 the Committees on Appropriations of the House 

9 of Representatives and the Senate, the Com10 mittee on Oversight and Government Reform of 

11 the House of Representatives, and the Com12 mittee on Homeland Security and Govern13 mental Affairs of the Senate. 

14 ‘‘(5) DEFINITIONS.—In this section: 

15 ‘‘(A) The term ‘inherently governmental 

16 functions’ has the meaning given such term in 

17 subpart 7.5 of part 7 of the Federal Acquisition 

18 Regulation. 

19 ‘‘(B) The term ‘functions closely associated 

20 with inherently governmental functions’ means 

21 the functions described in section 7.503(d) of 

22 the Federal Acquisition Regulation. 

23 ‘‘(6) APPLICABILITY.—This subsection shall not 

24 apply to the Department of Defense.’’. 
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1 SEC. 736. Section 739(a)(1) of division D of the Con2 solidated Appropriations Act, 2008 (Public Law 110–161; 

3 121 Stat. 2029) is amended by striking ‘‘more than 10’’. 

4 SEC. 737. None of the funds appropriated or other5 wise made available by this or any other Act may be used 

6 to begin or announce a study or public-private competition 

7 regarding the conversion to contractor performance of any 

8 function performed by Federal employees pursuant to Of9 fice of Management and Budget Circular A–76 or any 

10 other administrative regulation, directive, or policy. 

11 SEC. 738. (a) The adjustment in rates of basic pay 

12 for employees under the statutory pay systems that takes 

13 effect in fiscal year 2009 under sections 5303 and 5304 

14 of title 5, United States Code, shall be an increase of 3.9 

15 percent, and this adjustment shall apply to civilian em16 ployees in the Department of Homeland Security and shall 

17 apply to civilian employees in the Department of Defense 

18 who are represented by a labor organization as defined 

19 in 5 U.S.C. 7103(a)(4). Such adjustment shall be effective 

20 as of the first day of the first applicable pay period begin21 ning on or after January 1, 2009. Civilian employees in 

22 the Department of Defense who are eligible to be rep23 resented by a labor organization as defined in 5 U.S.C. 

24 7103(a)(4), but are not so represented, will receive the 
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1 adjustment provided for in this section unless the positions 

2 are entitled to a pay adjustment under 5 U.S.C. 9902. 

3 (b) Notwithstanding section 710 of this Act, the ad4 justment in rates of basic pay for the statutory pay sys5 tems that take place in fiscal year 2009 under sections 

6 5344 and 5348 of title 5, United States Code, shall be 

7 no less than the percentage in subsection (a) as employees 

8 in the same location whose rates of basic pay are adjusted 

9 pursuant to the statutory pay systems under section 5303 

10 and 5304 of title 5, United States Code. Prevailing rate 

11 employees at locations where there are no employees whose 

12 pay is increased pursuant to sections 5303 and 5304 of 

13 title 5 and prevailing rate employees described in section 

14 5343(a)(5) of title 5 shall be considered to be located in 

15 the pay locality designated as ‘‘Rest of U.S.’’ pursuant 

16 to section 5304 of title 5 for purposes of this subsection. 

17 (c) Funds used to carry out this section shall be paid 

18 from appropriations, which are made to each applicable 

19 department or agency for salaries and expenses for fiscal 

20 year 2009. 

21 SEC. 739. Unless otherwise authorized by existing 

22 law, none of the funds provided in this Act or any other 

23 Act may be used by an executive branch agency to produce 

24 any prepackaged news story intended for broadcast or dis25 tribution in the United States, unless the story includes 
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1 a clear notification within the text or audio of the pre2 packaged news story that the prepackaged news story was 

3 prepared or funded by that executive branch agency. 

4 SEC. 740. None of the funds made available in this 

5 Act may be used in contravention of section 552a of title 

6 5, United States Code (popularly known as the Privacy 

7 Act) and regulations implementing that section. 

8 SEC. 741. Each executive department and agency 

9 shall evaluate the creditworthiness of an individual before 

10 issuing the individual a government travel charge card. 

11 Such evaluations for individually-billed travel charge cards 

12 shall include an assessment of the individual’s consumer 

13 report from a consumer reporting agency as those terms 

14 are defined in section 603 of the Fair Credit Reporting 

15 Act (Public Law 91–508): Provided, That the department 

16 or agency may not issue a government travel charge card 

17 to an individual that either lacks a credit history or is 

18 found to have an unsatisfactory credit history as a result 

19 of this evaluation: Provided further, That this restriction 

20 shall not preclude issuance of a restricted-use charge, 

21 debit, or stored value card made in accordance with agency 

22 procedures to: (1) an individual with an unsatisfactory 

23 credit history where such card is used to pay travel ex24 penses and the agency determines there is no suitable al25 ternative payment mechanism available before issuing the 
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1 card; or (2) an individual who lacks a credit history. Each 

2 executive department and agency shall establish guidelines 

3 and procedures for disciplinary actions to be taken against 

4 agency personnel for improper, fraudulent, or abusive use 

5 of government charge cards, which shall include appro6 priate disciplinary actions for use of charge cards for pur7 poses, and at establishments, that are inconsistent with 

8 the official business of the Department or agency or with 

9 applicable standards of conduct. 

10 SEC. 742. CROSSCUT BUDGET. (a) DEFINITIONS.— 

11 For purposes of this section the following definitions 

12 apply: 

13 (1) GREAT LAKES.—The terms ‘‘Great Lakes’’ 

14 and ‘‘Great Lakes State’’ have the same meanings 

15 as such terms have in section 506 of the Water Re16 sources Development Act of 2000 (42 U.S.C. 

17 1962d–22). 

18 (2) GREAT LAKES RESTORATION ACTIVITIES.— 

19 The term ‘‘Great Lakes restoration activities’’ 

20 means any Federal or State activity primarily or en21 tirely within the Great Lakes watershed that seeks 

22 to improve the overall health of the Great Lakes eco23 system. 

24 (b) REPORT.—Not later than 30 days after submis25 sion of the budget of the President to Congress, the Direc-
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1 tor of the Office of Management and Budget, in coordina2 tion with the Governor of each Great Lakes State and the 

3 Great Lakes Interagency Task Force, shall submit to the 

4 appropriate authorizing and appropriating committees of 

5 the Senate and the House of Representatives a financial 

6 report, certified by the Secretary of each agency that has 

7 budget authority for Great Lakes restoration activities, 

8 containing— 

9 (1) an interagency budget crosscut report 

10 that— 

11 (A) displays the budget proposed, including 

12 any planned interagency or intra-agency trans13 fer, for each of the Federal agencies that car14 ries out Great Lakes restoration activities in 

15 the upcoming fiscal year, separately reporting 

16 the amount of funding to be provided under ex17 isting laws pertaining to the Great Lakes eco18 system; and 

19 (B) identifies all expenditures since fiscal 

20 year 2004 by the Federal Government and 

21 State governments for Great Lakes restoration 

22 activities; 

23 (2) a detailed accounting of all funds received 

24 and obligated by all Federal agencies and, to the ex25 tent available, State agencies using Federal funds, 
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1 for Great Lakes restoration activities during the cur2 rent and previous fiscal years; 

3 (3) a budget for the proposed projects (includ4 ing a description of the project, authorization level, 

5 and project status) to be carried out in the upcom6 ing fiscal year with the Federal portion of funds for 

7 activities; and 

8 (4) a listing of all projects to be undertaken in 

9 the upcoming fiscal year with the Federal portion of 

10 funds for activities. 

11 SEC. 743. (a) IN GENERAL.—None of the funds ap12 propriated or otherwise made available by this or any 

13 other Act may be used for any Federal Government con14 tract with any foreign incorporated entity which is treated 

15 as an inverted domestic corporation under section 835(b) 

16 of the Homeland Security Act of 2002 (6 U.S.C. 395(b)) 

17 or any subsidiary of such an entity. 

18 (b) WAIVERS.— 

19 (1) IN GENERAL.—Any Secretary shall waive 

20 subsection (a) with respect to any Federal Govern21 ment contract under the authority of such Secretary 

22 if the Secretary determines that the waiver is re23 quired in the interest of national security. 
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1 (2) REPORT TO CONGRESS.—Any Secretary 

2 issuing a waiver under paragraph (1) shall report 

3 such issuance to Congress. 

4 (c) EXCEPTION.—This section shall not apply to any 

5 Federal Government contract entered into before the date 

6 of the enactment of this Act, or to any task order issued 

7 pursuant to such contract. 

8 SEC. 744. (a) Each executive department and agency 

9 shall establish and maintain on the homepage of its 

10 website, an obvious, direct link to the website of its respec11 tive Inspector General. 

12 (b) Each Office of Inspector General shall: (1) post 

13 on its website any public report or audit or portion of any 

14 report or audit issued within one day of its release; (2) 

15 provide a service on its website to allow an individual to 

16 request automatic receipt of information relating to any 

17 public report or audit or portion of that report or audit 

18 and which permits electronic transmittal of the informa19 tion, or notice of the availability of the information with20 out further request; and (3) establish and maintain a di21 rect link on its website for individuals to anonymously re22 port waste, fraud and abuse. 

23 SEC. 745. (a) None of the funds available under this 

24 or any other Act may be used to carry out a public-private 

25 competition or direct conversion under Office of Manage-
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1 ment and Budget (OMB) Circular A–76, or any successor 

2 regulation, directive or policy, relating to the Human Re3 sources Lines of Business initiative until 60 days after the 

4 Director of the Office of Management and Budget submits 

5 to the Committees on Appropriations of the House of Rep6 resentatives and the Senate a report on the use of public7 private competitions and direct conversion to contractor 

8 performance as part of the Human Resources Lines of 

9 Business initiative. 

10 (b) The report required by this section shall address 

11 the following: 

12 (1) The role, if any, that public-private competi13 tions under Circular A–76 or direct conversions to 

14 contractor performance are expected to play as part 

15 of the Human Resources Lines of Business initia16 tive. 

17 (2) The expected impact, if any, of the initiative 

18 on employment levels at the Federal agencies in19 volved or across the Federal Government as a whole. 

20 (3) An estimate of the annual and recurring 

21 savings the initiative is expected to generate and a 

22 description of the methodology used to derive that 

23 estimate. 

24 (4) An estimate of the total transition costs at25 tributable to the initiative. 
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1 (5) Guidance for use by agencies in evaluating 

2 the benefits of the initiative and in developing alter3 native strategies should expected benefits fail to ma4 terialize. 

5 (c) The Director of the Office of Management and 

6 Budget shall provide a copy of the report to the Govern7 ment Accountability Office at the same time the report 

8 is submitted to the Committees on Appropriations of the 

9 House of Representatives and the Senate. The Govern10 ment Accountability Office shall review the report and 

11 brief the Committees on its views concerning the report 

12 within 45 days after receiving the report from the Direc13 tor. 

14 SEC. 746. No later than 120 days after enactment 

15 of this Act, the Office of Management and Budget shall 

16 submit a status report on the pilot program, established 

17 under section 748 of division D of Public Law 110–161, 

18 to develop and implement an inventory to track the cost 

19 and size (in contractor manpower equivalents) of service 

20 contracts, particularly with respect to contracts that have 

21 been performed poorly by a contractor because of excessive 

22 costs or inferior quality, as determined by a contracting 

23 officer within the last 5 years, involve inherently govern24 mental functions, or were undertaken without competition. 
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1 SEC. 747. Notwithstanding 18 U.S.C. 209, a public 

2 or private institution of higher education may offer or pro3 vide an officer or employee of the executive branch of the 

4 United States Government, of any independent agency of 

5 the United States, or of the District of Columbia, who is 

6 a current or former student of such institution, financial 

7 assistance for the purpose of repaying a student loan or 

8 forbearance of student loan repayment, in accordance with 

9 a program of the institution of higher education that is 

10 designed to enhance the recruitment of highly qualified in11 dividuals into Government service; and an officer or em12 ployee may seek or receive such assistance or forbearance 

13 permitted by this paragraph. 

14 SEC. 748. Effective after January 20, 2009, and for 

15 each fiscal year thereafter, no part of any appropriation 

16 contained in this or any other Act may be used for the 

17 payment of services to any individual for the filling of any 

18 position in an acting capacity if a nomination for that indi19 vidual to that position has been submitted to the Senate 

20 but returned to the President under Rule XXXI of the 

21 Standing Rules of the Senate without confirmation. 

22 SEC. 749. None of the funds made available by this 

23 or any other Act may be used to implement, administer, 

24 enforce, or apply the rule entitled ‘‘Competitive Area’’ 

25 published by the Office of Personnel Management in the 
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1 Federal Register on April 15, 2008 (73 Fed. Reg. 20180 

2 et seq.). 

3 SEC. 750. NONREDUCTION IN PAY WHILE FEDERAL

4 EMPLOYEE IS PERFORMING ACTIVE SERVICE IN THE

5 UNIFORMED SERVICES OR NATIONAL GUARD. (a) IN

6 GENERAL.—Subchapter IV of chapter 55 of title 5, 

7 United States Code, is amended by adding at the end the 

8 following: 

9 ‘‘§ 5538. Nonreduction in pay while serving in the 

10 uniformed services or National Guard 

11 ‘‘(a) An employee who is absent from a position of 

12 employment with the Federal Government in order to per13 form active duty in the uniformed services pursuant to a 

14 call or order to active duty under a provision of law re15 ferred to in section 101(a)(13)(B) of title 10 shall be enti16 tled, while serving on active duty, to receive, for each pay 

17 period described in subsection (b), an amount equal to the 

18 amount by which— 

19 ‘‘(1) the amount of basic pay which would oth20 erwise have been payable to such employee for such 

21 pay period if such employee’s civilian employment 

22 with the Government had not been interrupted by 

23 that service, exceeds (if at all) 

24 ‘‘(2) the amount of pay and allowances which 

25 (as determined under subsection (d))— 
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1 ‘‘(A) is payable to such employee for that 

2 service; and 

3 ‘‘(B) is allocable to such pay period. 

4 ‘‘(b)(1) Amounts under this section shall be payable 

5 with respect to each pay period (which would otherwise 

6 apply if the employee’s civilian employment had not been 

7 interrupted)— 

8 ‘‘(A) during which such employee is entitled to 

9 reemployment rights under chapter 43 of title 38 

10 with respect to the position from which such em11 ployee is absent (as referred to in subsection (a)); 

12 and 

13 ‘‘(B) for which such employee does not other14 wise receive basic pay (including by taking any an15 nual, military, or other paid leave) to which such 

16 employee is entitled by virtue of such employee’s ci17 vilian employment with the Government. 

18 ‘‘(2) For purposes of this section, the period during 

19 which an employee is entitled to reemployment rights 

20 under chapter 43 of title 38— 

21 ‘‘(A) shall be determined disregarding the provi22 sions of section 4312(d) of title 38; and 

23 ‘‘(B) shall include any period of time specified 

24 in section 4312(e) of title 38 within which an em25 ployee may report or apply for employment or reem-
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1 ployment following completion of service on active 

2 duty to which called or ordered as described in sub3 section (a). 

4 ‘‘(c) Any amount payable under this section to an em5 ployee shall be paid— 

6 ‘‘(1) by such employee’s employing agency; 

7 ‘‘(2) from the appropriation or fund which 

8 would be used to pay the employee if such employee 

9 were in a pay status; and 

10 ‘‘(3) to the extent practicable, at the same time 

11 and in the same manner as would basic pay if such 

12 employee’s civilian employment had not been inter13 rupted. 

14 ‘‘(d) The Office of Personnel Management shall, in 

15 consultation with Secretary of Defense, prescribe any reg16 ulations necessary to carry out the preceding provisions 

17 of this section. 

18 ‘‘(e)(1) The head of each agency referred to in section 

19 2302(a)(2)(C)(ii) shall, in consultation with the Office, 

20 prescribe procedures to ensure that the rights under this 

21 section apply to the employees of such agency. 

22 ‘‘(2) The Administrator of the Federal Aviation Ad23 ministration shall, in consultation with the Office, pre24 scribe procedures to ensure that the rights under this sec25 tion apply to the employees of that agency. 
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1 ‘‘(f) For purposes of this section— 

2 ‘‘(1) the terms ‘employee’, ‘Federal Govern3 ment’, and ‘uniformed services’ have the same re4 spective meanings as given those terms in section 

5 4303 of title 38; 

6 ‘‘(2) the term ‘employing agency’, as used with 

7 respect to an employee entitled to any payments 

8 under this section, means the agency or other entity 

9 of the Government (including an agency referred to 

10 in section 2302(a)(2)(C)(ii)) with respect to which 

11 such employee has reemployment rights under chap12 ter 43 of title 38; and 

13 ‘‘(3) the term ‘basic pay’ includes any amount 

14 payable under section 5304.’’. 

15 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

16 The table of sections for chapter 55 of title 5, United 

17 States Code, is amended by inserting after the item relat18 ing to section 5537 the following: 

‘‘5538. Nonreduction in pay while serving in the uniformed services or National 

Guard.’’. 

19 (c) EFFECTIVE DATE.—The amendments made by 

20 this section shall apply with respect to pay periods (as de21 scribed in section 5538(b) of title 5, United States Code, 

22 as amended by this section) beginning on or after the date 

23 of enactment of this Act. 
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1 SEC. 751. Each budget justification submitted to 

2 Congress for fiscal year 2010 shall include a section titled 

3 ‘‘Administration of Congressionally Directed Funding’’ for 

4 each department or agency. Within such section, the budg5 et justification shall describe the extent to which the de6 partment or agency proposes to provide less than 100 per7 cent funding of congressionally directed projects to con8 gressionally directed recipients, should the Congress pro9 vide such funds. Information included in this section shall 

10 include the percentage the agency or department proposes 

11 to redirect from each congressionally directed project, pur12 poses such redirected funding would be used for, and the 

13 authority under which such redirected spending would 

14 occur. The absence of congressionally directed funding in 

15 a fiscal year 2010 budget proposal shall not exempt any 

16 department or agency from including the information re17 quired under this section in its fiscal year 2010 budget 

18 justification. 

19 SEC. 752. Except as expressly provided otherwise, 

20 any reference to ‘‘this Act’’ contained in any title other 

21 than title IV or VIII shall not apply to such title IV or 

22 VIII. 

23 SEC. 753. Not later than 120 days after enactment 

24 of this Act, each executive department and agency shall 

25 submit to the Director of the Office of Management and 
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1 Budget a report stating the total size of its workforce, dif2 ferentiated by number of civilian, military, and contract 

3 workers as of December 31, 2008. Not later than 180 days 

4 after enactment of this Act, the Director of the Office of 

5 Management and Budget shall submit to the Committee 

6 a comprehensive statement delineating the workforce data 

7 by individual department and agency, as well as aggregate 

8 totals of civilian, military, and contract workers. 

9 TITLE VIII 

10 GENERAL PROVISIONS—DISTRICT OF 

11 COLUMBIA 

12 SEC. 801. Whenever in this Act, an amount is speci13 fied within an appropriation for particular purposes or ob14 jects of expenditure, such amount, unless otherwise speci15 fied, shall be considered as the maximum amount that 

16 may be expended for said purpose or object rather than 

17 an amount set apart exclusively therefor. 

18 SEC. 802. Appropriations in this Act shall be avail19 able for expenses of travel and for the payment of dues 

20 of organizations concerned with the work of the District 

21 of Columbia government, when authorized by the Mayor, 

22 or, in the case of the Council of the District of Columbia, 

23 funds may be expended with the authorization of the 

24 Chairman of the Council. 
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1 SEC. 803. There are appropriated from the applicable 

2 funds of the District of Columbia such sums as may be 

3 necessary for making refunds and for the payment of legal 

4 settlements or judgments that have been entered against 

5 the District of Columbia government. 

6 SEC. 804. (a) None of the Federal funds provided in 

7 this Act shall be used for publicity or propaganda purposes 

8 or implementation of any policy including boycott designed 

9 to support or defeat legislation pending before Congress 

10 or any State legislature. 

11 (b) The District of Columbia may use local funds pro12 vided in this title to carry out lobbying activities on any 

13 matter. 

14 SEC. 805. (a) None of the funds provided under this 

15 Act to the agencies funded by this Act, both Federal and 

16 District government agencies, that remain available for 

17 obligation or expenditure in fiscal year 2009, or provided 

18 from any accounts in the Treasury of the United States 

19 derived by the collection of fees available to the agencies 

20 funded by this Act, shall be available for obligation or ex21 penditures for an agency through a reprogramming of 

22 funds which— 

23 (1) creates new programs; 

24 (2) eliminates a program, project, activity, or 

25 responsibility center; 
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1 (3) establishes or changes allocations specifi2 cally denied, limited or increased under this Act; 

3 (4) increases funds or personnel by any means 

4 for any program, project, activity, or responsibility 

5 center for which funds have been denied or re6 stricted; 

7 (5) reestablishes any program or project pre8 viously deferred through reprogramming; 

9 (6) augments any existing program, project, ac10 tivity, or responsibility center through a reprogram11 ming of funds in excess of $3,000,000 or 10 percent, 

12 whichever is less; or 

13 (7) increases by 20 percent or more personnel 

14 assigned to a specific program, project, activity, or 

15 responsibility center, 

16 unless in the case of Federal funds, the Committees on 

17 Appropriations of the House of Representatives and the 

18 Senate are notified in writing 15 days in advance of the 

19 reprogramming and in the case of local funds, the Com20 mittees on Appropriations of the House of Representatives 

21 and the Senate are provided summary reports on April 

22 1, 2009 and October 1, 2009, setting forth detailed infor23 mation regarding each such local funds reprogramming 

24 conducted subject to this subsection. 
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1 (b) None of the local funds contained in this Act may 

2 be available for obligation or expenditure for an agency 

3 through a transfer of any local funds in excess of 

4 $3,000,000 from one appropriation heading to another un5 less the Committees on Appropriations of the House of 

6 Representatives and the Senate are provided summary re7 ports on April 1, 2009 and October 1, 2009, setting forth 

8 detailed information regarding each reprogramming con9 ducted subject to this subsection, except that in no event 

10 may the amount of any funds transferred exceed 4 percent 

11 of the local funds in the appropriations: Provided, That 

12 this subsection shall not apply to any reprogramming sub13 mitted to the Council within 30 calendar days of the date 

14 of the enactment of this Act. 

15 (c) The District of Columbia Government is author16 ized to approve and execute reprogramming and transfer 

17 requests of local funds under this title through November 

18 1, 2009: Provided, That any reprogramming submitted 

19 pursuant to this subsection in excess of $1,000,000 shall 

20 be submitted to the Council prior to the close of business 

21 on September 30, 2009. 

22 SEC. 806. Consistent with the provisions of section 

23 1301(a) of title 31, United States Code, appropriations 

24 under this Act shall be applied only to the objects for 
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1 which the appropriations were made except as otherwise 

2 provided by law. 

3 SEC. 807. No later than 30 days after the end of the 

4 first quarter of fiscal year 2009, the Mayor of the District 

5 of Columbia shall submit to the Council of the District 

6 of Columbia and the Committees on Appropriations of the 

7 House of Representatives and the Senate the new fiscal 

8 year 2009 revenue estimates as of the end of such quarter. 

9 These estimates shall be used in the budget request for 

10 fiscal year 2010. The officially revised estimates at mid11 year shall be used for the midyear report. 

12 SEC. 808. None of the Federal funds provided in this 

13 Act may be used by the District of Columbia to provide 

14 for salaries, expenses, or other costs associated with the 

15 offices of United States Senator or United States Rep16 resentative under section 4(d) of the District of Columbia 

17 Statehood Constitutional Convention Initiatives of 1979 

18 (D.C. Law 3–171; D.C. Official Code, sec. 1–123). 

19 SEC. 809. None of the Federal funds made available 

20 in this Act may be used to implement or enforce the 

21 Health Care Benefits Expansion Act of 1992 (D.C. Law 

22 9–114; D.C. Official Code, sec. 32–701 et seq.) or to oth23 erwise implement or enforce any system of registration of 

24 unmarried, cohabiting couples, including but not limited 

25 to registration for the purpose of extending employment, 
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1 health, or governmental benefits to such couples on the 

2 same basis that such benefits are extended to legally mar3 ried couples. 

4 SEC. 810. (a) Section 446B(f) of the District of Co5 lumbia Home Rule Act (sec. 1–204.46b(f), D.C. Official 

6 Code) is amended by striking ‘‘fiscal years 2006 through 

7 2008’’ and inserting ‘‘fiscal year 2006 and each suc8 ceeding fiscal year’’. 

9 (b) The amendment made by subsection (a) shall take 

10 effect as if included in the enactment of the 2005 District 

11 of Columbia Omnibus Authorization Act. 

12 SEC. 811. Except as otherwise provided in this sec13 tion, none of the funds made available by this Act or by 

14 any other Act may be used to provide any officer or em15 ployee of the District of Columbia with an official vehicle 

16 unless the officer or employee uses the vehicle only in the 

17 performance of the officer’s or employee’s official duties. 

18 For the purposes of this section, the term ‘‘official duties’’ 

19 does not include travel between the officer’s or employee’s 

20 residence and workplace, except in the case of— 

21 (1) an officer or employee of the Metropolitan 

22 Police Department who resides in the District of Co23 lumbia or is otherwise designated by the Chief of 

24 Police; 
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1 (2) at the discretion of the Fire Chief, an offi2 cer or employee of the District of Columbia Fire and 

3 Emergency Medical Services Department who re4 sides in the District of Columbia and is on call 24 

5 hours a day or is otherwise designated by the Fire 

6 Chief; 

7 (3) at the discretion of the Director of the De8 partment of Corrections, an officer or employee of 

9 the District of Columbia Department of Corrections 

10 who resides in the District of Columbia and is on 

11 call 24 hours a day or is otherwise designated by the 

12 Director; 

13 (4) the Mayor of the District of Columbia; and 

14 (5) the Chairman of the Council of the District 

15 of Columbia. 

16 SEC. 812. (a) None of the Federal funds contained 

17 in this Act may be used by the District of Columbia Attor18 ney General or any other officer or entity of the District 

19 government to provide assistance for any petition drive or 

20 civil action which seeks to require Congress to provide for 

21 voting representation in Congress for the District of Co22 lumbia. 

23 (b) Nothing in this section bars the District of Co24 lumbia Attorney General from reviewing or commenting 
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1 on briefs in private lawsuits, or from consulting with offi2 cials of the District government regarding such lawsuits. 

3 SEC. 813. None of the Federal funds contained in 

4 this Act may be used for any program of distributing ster5 ile needles or syringes for the hypodermic injection of any 

6 illegal drug. 

7 SEC. 814. None of the funds contained in this Act 

8 may be used after the expiration of the 60-day period that 

9 begins on the date of the enactment of this Act to pay 

10 the salary of any chief financial officer of any office of 

11 the District of Columbia government (including any inde12 pendent agency of the District of Columbia) who has not 

13 filed a certification with the Mayor and the Chief Finan14 cial Officer of the District of Columbia that the officer 

15 understands the duties and restrictions applicable to the 

16 officer and the officer’s agency as a result of this Act (and 

17 the amendments made by this Act), including any duty 

18 to prepare a report requested either in the Act or in any 

19 of the reports accompanying the Act and the deadline by 

20 which each report must be submitted: Provided, That the 

21 Chief Financial Officer of the District of Columbia shall 

22 provide to the Committees on Appropriations of the House 

23 of Representatives and the Senate by April 1, 2009 and 

24 October 1, 2009, a summary list showing each report, the 

25 due date, and the date submitted to the Committees. 
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1 SEC. 815. Nothing in this Act may be construed to 

2 prevent the Council or Mayor of the District of Columbia 

3 from addressing the issue of the provision of contraceptive 

4 coverage by health insurance plans, but it is the intent 

5 of Congress that any legislation enacted on such issue 

6 should include a ‘‘conscience clause’’ which provides excep7 tions for religious beliefs and moral convictions. 

8 SEC. 816. The Mayor of the District of Columbia 

9 shall submit to the Committees on Appropriations of the 

10 House of Representatives and the Senate, the Committee 

11 on Oversight and Government Reform of the House of 

12 Representatives, and the Committee on Homeland Secu13 rity and Governmental Affairs of the Senate annual re14 ports addressing— 

15 (1) crime, including the homicide rate, imple16 mentation of community policing, the number of po17 lice officers on local beats, and the closing down of 

18 open-air drug markets; 

19 (2) access to substance and alcohol abuse treat20 ment, including the number of treatment slots, the 

21 number of people served, the number of people on 

22 waiting lists, and the effectiveness of treatment pro23 grams, the retention rates in treatment programs, 

24 and the recidivism/re-arrest rates for treatment par25 ticipants; 
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1 (3) management of parolees and pre-trial vio2 lent offenders, including the number of halfway 

3 houses escapes and steps taken to improve moni4 toring and supervision of halfway house residents to 

5 reduce the number of escapes to be provided in con6 sultation with the Court Services and Offender Su7 pervision Agency for the District of Columbia; 

8 (4) education, including access to special edu9 cation services and student achievement to be pro10 vided in consultation with the District of Columbia 

11 Public Schools and the District of Columbia public 

12 charter schools, repeated grade rates, high school 

13 graduation rates, post-secondary education attend14 ance rates, and teen pregnancy rates; 

15 (5) improvement in basic District services, in16 cluding rat control and abatement; 

17 (6) application for and management of Federal 

18 grants, including the number and type of grants for 

19 which the District was eligible but failed to apply 

20 and the number and type of grants awarded to the 

21 District but for which the District failed to spend 

22 the amounts received; 

23 (7) indicators of child and family well-being in24 cluding child living arrangements by family struc25 ture, number of children aging out of foster care, 
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1 poverty rates by family structure, crime by family 

2 structure, marriage rates by income quintile, and 

3 out-of-wedlock births; and 

4 (8) employment, including job status and par5 ticipation in assistance programs by income, edu6 cation and family structure. 

7 SEC. 817. (a) Notwithstanding section 615(i)(3)(B) 

8 of the Individuals With Disabilities Education Act (20 

9 U.S.C. 1415(i)(3)(B)), none of the funds contained in this 

10 Act or in any other Act making appropriations for the gov11 ernment of the District of Columbia for fiscal year 2009 

12 or any succeeding fiscal year may be made available— 

13 (1) to pay the fees of an attorney who rep14 resents a party in or defends an IDEA proceeding 

15 which was initiated prior to the date of the enact16 ment of this Act in an amount in excess of $4,000 

17 for that proceeding; or 

18 (2) to pay the fees of an attorney or firm who 

19 represents a party in or defends an IDEA pro20 ceeding which was initiated prior to the date of the 

21 enactment of this Act if the Chief Financial Officer 

22 of the District of Columbia determines that the at23 torney or firm has a pecuniary interest (either di24 rectly or through an attorney, officer, or employee of 

25 the firm) in any special education diagnostic services 
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1 or schools or other special education service pro2 viders. 

3 (b) In this section, the term ‘‘IDEA proceeding’’ 

4 means any action or administrative proceeding (including 

5 any ensuing or related proceedings before a court of com6 petent jurisdiction) brought against the District of Colum7 bia Public Schools under the Individuals with Disabilities 

8 Education Act (20 U.S.C. 1400 et seq.). 

9 SEC. 818. Beginning in fiscal year 2009 and each fis10 cal year thereafter, the amount appropriated to the Dis11 trict of Columbia may be increased by no more than 

12 $100,000,000 from funds identified in the annual com13 prehensive annual financial report as the District’s imme14 diately preceding fiscal year’s unexpended general fund 

15 surplus. The District may obligate and expend these 

16 amounts only in accordance with the following conditions: 

17 (1) The Chief Financial Officer of the District 

18 of Columbia shall certify that the use of any such 

19 amounts is not anticipated to have a negative impact 

20 on the District’s long-term financial, fiscal, and eco21 nomic vitality. 

22 (2) The District of Columbia may only use 

23 these funds for the following expenditures: 

24 (A) One-time expenditures. 

25 (B) Expenditures to avoid deficit spending. 
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1 (C) Debt Reduction. 

2 (D) Program needs. 

3 (E) Expenditures to avoid revenue short4 falls. 

5 (3) The amounts shall be obligated and ex6 pended in accordance with laws enacted by the 

7 Council in support of each such obligation or ex8 penditure. 

9 (4) The amounts may not be used to fund the 

10 agencies of the District of Columbia government 

11 under court ordered receivership. 

12 (5) The amounts may not be obligated or ex13 pended unless the Mayor notifies the Committees on 

14 Appropriations of the House of Representatives and 

15 the Senate not fewer than 15 days in advance of the 

16 obligation or expenditure. 

17 SEC. 819. (a) Beginning in fiscal year 2009 and each 

18 fiscal year thereafter, consistent with revenue collections, 

19 the amount appropriated as District of Columbia Funds 

20 may be increased— 

21 (1) by an aggregate amount of not more than 

22 25 percent, in the case of amounts proposed to be 

23 allocated as ‘‘Other-Type Funds’’ in the annual Pro24 posed Budget and Financial Plan submitted to Con25 gress by the District of Columbia; and 
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1 (2) by an aggregate amount of not more than 

2 6 percent, in the case of any other amounts pro3 posed to be allocated in such Proposed Budget and 

4 Financial Plan. 

5 (b) The District of Columbia may obligate and ex6 pend any increase in the amount of funds authorized 

7 under this section only in accordance with the following 

8 conditions: 

9 (1) The Chief Financial Officer of the District 

10 of Columbia shall certify— 

11 (A) the increase in revenue; and 

12 (B) that the use of the amounts is not an13 ticipated to have a negative impact on the long14 term financial, fiscal, or economic health of the 

15 District. 

16 (2) The amounts shall be obligated and ex17 pended in accordance with laws enacted by the 

18 Council of the District of Columbia in support of 

19 each such obligation and expenditure, consistent 

20 with the requirements of this Act. 

21 (3) The amounts may not be used to fund any 

22 agencies of the District government operating under 

23 court-ordered receivership. 

24 (4) The amounts may not be obligated or ex25 pended unless the Mayor has notified the Commit-
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1 tees on Appropriations of the House of Representa2 tives and the Senate not fewer than 15 days in ad3 vance of the obligation or expenditure. 

4 SEC. 820. Beginning in fiscal year 2009 and each fis5 cal year thereafter, the Chief Financial Officer for the Dis6 trict of Columbia may, for the purpose of cash flow man7 agement, conduct short-term borrowing from the emer8 gency reserve fund and from the contingency reserve fund 

9 established under section 450A of the District of Columbia 

10 Home Rule Act, approved November 22, 2000 (114 Stat. 

11 2440; D.C. Official Code § 1–204.50a): Provided, That the 

12 amount borrowed shall not exceed 50 percent of the total 

13 amount of funds contained in both the emergency and con14 tingency reserve funds at the time of borrowing: Provided 

15 further, That the borrowing shall not deplete either fund 

16 by more than 50 percent: Provided further, That 100 per17 cent of the funds borrowed shall be replenished within 9 

18 months of the time of the borrowing or by the end of the 

19 fiscal year, whichever occurs earlier: Provided further, 

20 That in the event that short-term borrowing has been con21 ducted and the emergency or the contingency reserve 

22 funds are later depleted below 50 percent as a result of 

23 an emergency or contingency, an amount equal to the 

24 amount necessary to restore reserve levels to 50 percent 

25 of the total amount of funds contained in both the emer-
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1 gency and contingency reserve fund must be replenished 

2 from the amount borrowed within 60 days. 

3 SEC. 821. (a) None of the funds contained in this 

4 Act may be used to enact or carry out any law, rule, or 

5 regulation to legalize or otherwise reduce penalties associ6 ated with the possession, use, or distribution of any sched7 ule I substance under the Controlled Substances Act (21 

8 U.S.C. 801 et seq.) or any tetrahydrocannabinols deriva9 tive. 

10 (b) The Legalization of Marijuana for Medical Treat11 ment Initiative of 1998, also known as Initiative 59, ap12 proved by the electors of the District of Columbia on No13 vember 3, 1998, shall not take effect. 

14 SEC. 822. None of the funds appropriated under this 

15 Act shall be expended for any abortion except where the 

16 life of the mother would be endangered if the fetus were 

17 carried to term or where the pregnancy is the result of 

18 an act of rape or incest. 

19 SEC. 823. Amounts appropriated in this Act as oper20 ating funds may be transferred to the District of Colum21 bia’s enterprise and capital funds and such amounts, once 

22 transferred shall retain appropriation authority consistent 

23 with the provisions of this Act. 

24 SEC. 824. Notwithstanding section 602(c)(1) of the 

25 District of Columbia Home Rule Act, approved December 
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1 24, 1973 (87 Stat. 813; D.C. Official Code § 1– 

2 206.02(c)(1)), the Income Tax Secured Bond Authoriza3 tion Act of 2008, as introduced on May 6, 2008 (D.C. 

4 Bill 17–741), shall take effect on the date of its enactment 

5 by the District of Columbia. 

6 SEC. 825. (a) INCREASE IN THE HOURLY RATE FOR

7 ATTORNEYS REPRESENTING INDIGENT DEFENDANTS IN

8 THE DISTRICT OF COLUMBIA COURTS.—Section 11– 

9 2604(a), District of Columbia Official Code, is amended 

10 by striking ‘‘$65 per hour’’ and inserting ‘‘$90 per hour’’. 

11 (b) INCREASE IN CAPS ON TOTAL COMPENSATION

12 PAID FOR PARTICULAR CASES.—Section 11–2604(b), 

13 District of Columbia Official Code, is amended to read as 

14 follows: 

15 ‘‘(b) The compensation to be paid to an attorney ap16 pointed pursuant to this chapter shall not exceed the fol17 lowing maximum amounts— 

18 ‘‘(1) For representation of a defendant before 

19 the Superior Court of the District of Columbia for 

20 misdemeanors or felonies, the maximum amount set 

21 forth in section 3006A(d)(2) of title 18, United 

22 States Code, for representation of a defendant be23 fore the United States magistrate judge or the dis24 trict court for misdemeanors or felonies (as the case 

25 may be). 
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1 ‘‘(2) For representation of a defendant before 

2 the District of Columbia Court of Appeals, the max3 imum amount set forth in section 3006A(d)(2) of 

4 title 18, United States Code, for representation of a 

5 defendant in an appellate court. 

6 ‘‘(3) For representation of a defendant in post7 trial matters for misdemeanors or felonies, the 

8 amount applicable under paragraph (1) for mis9 demeanors or felonies (as the case may be).’’. 

10 (c) SPECIAL RULE FOR COMPENSATION OF ATTOR11 NEYS IN NEGLECT AND TERMINATION OF PARENTAL

12 RIGHTS PROCEEDINGS.—Section 16–2326.01(b), District 

13 of Columbia Official Code, is amended— 

14 (1) in paragraph (1), by striking ‘‘$1,600’’ and 

15 inserting ‘‘$1,980’’; 

16 (2) in paragraph (2), by striking ‘‘$1,600’’ and 

17 inserting ‘‘$1,980’’; 

18 (3) in paragraph (3), by striking ‘‘$2,200’’ and 

19 inserting ‘‘$2,700’’; and 

20 (4) in paragraph (4), by striking ‘‘$1,100’’ and 

21 inserting ‘‘$1,350’’. 

22 (d) EFFECTIVE DATE.—The amendments made by 

23 this section shall apply with respect to cases and pro24 ceedings initiated on or after the date of enactment of this 

25 Act. 
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1 SEC. 826. Except as expressly provided otherwise, 

2 any reference to ‘‘this Act’’ contained in this title or in 

3 title IV shall be treated as referring only to the provisions 

4 of this title or of title IV. 

5 This Act may be cited as the ‘‘Financial Services and 

6 General Government Appropriations Act, 2009’’. 

Calendar No. 877 

110TH CONGRESS 

2D SESSION S. 3260 

[Report No. 110–417] 

A BILL 

Making appropriations for financial services and 

September 30, 2009, and for other purposes. general government for the fiscal year ending 

JULY 14, 2008 

Read twice and placed on the calendar