296 
shall be deemed to be judges of the United States as de-
scribed under section 8701 of title 5, United States Code: 
(1) United States magistrate judges. 
(2) Bankruptcy judges appointed under chapter 
6 of title 28, United States Code. 
(3) Judges of the District Court of Guam, 
judges of the District Court for the Northern Mar-
iana Islands, and judges of the District Court of the 
Virgin Islands. 
(4) Bankruptcy judges and magistrate judges 
retired under section 377 of title 28, United States 
Code. 
(5) Judges retired under section 373 of title 28, 
United States Code. 
(c) EFFECTIVE
DATE.—Subsection (b) and the 
amendment made by subsection (a) shall apply with re-
spect to any payment made on or after the first day of 
the first applicable pay period beginning on or after the 
date of the enactment of Public Law 110–177. 
SEC. 308. Subsection (c) of section 407 of the Trans-
portation, Treasury, Housing and Urban Development, 
the Judiciary, the District of Columbia, and Independent 
Agencies Appropriations Act, 2006 (division A, title IV, 
of Public Law 109–115; 119 Stat. 2396, 2471) is re-
pealed.
298 
TITLE IV 
DISTRICT OF COLUMBIA 
FEDERAL FUNDS 
FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT 
For a Federal payment to the District of Columbia, 
to be deposited into a dedicated account, for a nationwide 
program to be administered by the Mayor, for District of 
Columbia resident tuition support, $35,100,000, to remain 
available until expended: Provided, That such funds, in-
cluding any interest accrued thereon, may be used on be-
half of eligible District of Columbia residents to pay an 
amount based upon the difference between in-State and 
out-of-State tuition at public institutions of higher edu-
cation, or to pay up to $2,500 each year at eligible private 
institutions of higher education: Provided further, That the 
awarding of such funds may be prioritized on the basis 
of a resident’s academic merit, the income and need of 
eligible students and such other factors as may be author-
ized: Provided further, That the District of Columbia gov-
ernment shall maintain a dedicated account for the Resi-
dent Tuition Support Program that shall consist of the 
Federal funds appropriated to the Program in this Act 
and any subsequent appropriations, any unobligated bal-
ances from prior fiscal years, and any interest earned in 
this or any fiscal year: Provided further, That the account
299 
shall be under the control of the District of Columbia 
Chief Financial Officer, who shall use those funds solely 
for the purposes of carrying out the Resident Tuition Sup-
port Program: Provided further, That the Office of the 
Chief Financial Officer shall provide a quarterly financial 
report to the Committees on Appropriations of the House 
of Representatives and the Senate for these funds show-
ing, by object class, the expenditures made and the pur-
pose therefor. 
FEDERAL PAYMENT FOR EMERGENCY PLANNING AND 
SECURITY COSTS IN THE DISTRICT OF COLUMBIA 
For a Federal payment of necessary expenses, as de-
termined by the Mayor of the District of Columbia in writ-
ten consultation with the elected county or city officials 
of surrounding jurisdictions, $39,177,000, to remain 
available until expended and in addition any funds that 
remain available from prior year appropriations under this 
heading for the District of Columbia Government, of 
which $38,825,000 is for the costs of providing public 
safety at events related to the presence of the national 
capital in the District of Columbia, for the costs of pro-
viding support requested by the Director of the United 
States Secret Service Division in carrying out protective 
duties under the direction of the Secretary of Homeland 
Security, and for the costs of providing support to respond 
to immediate and specific terrorist threats or attacks in
300 
the District of Columbia or surrounding jurisdictions; and 
of which $352,000 is for the District of Columbia National 
Guard retention and college access program. 
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA 
COURTS 
For salaries and expenses for the District of Colum-
bia Courts, $248,409,000 to be allocated as follows: for 
the District of Columbia Court of Appeals, $12,630,000, 
of which not to exceed $1,500 is for official reception and 
representation expenses; for the District of Columbia Su-
perior Court, $104,277,000, of which not to exceed $1,500 
is for official reception and representation expenses; for 
the District of Columbia Court System, $55,426,000, of 
which not to exceed $1,500 is for official reception and 
representation expenses; and $76,076,000, to remain 
available until September 30, 2010, for capital improve-
ments for District of Columbia courthouse facilities, in-
cluding structural improvements to the District of Colum-
bia cell block at the Moultrie Courthouse: Provided, That 
funds made available for capital improvements shall be ex-
pended consistent with the General Services Administra-
tion (GSA) master plan study and building evaluation re-
port: Provided further, That notwithstanding any other 
provision of law, all amounts under this heading shall be 
apportioned quarterly by the Office of Management and 
Budget and obligated and expended in the same manner
301 
as funds appropriated for salaries and expenses of other 
Federal agencies, with payroll and financial services to be 
provided on a contractual basis with the GSA, and such 
services shall include the preparation of monthly financial 
reports, copies of which shall be submitted directly by GSA 
to the President and to the Committees on Appropriations 
of the House of Representatives and the Senate, the Com-
mittee on Oversight and Government Reform of the House 
of Representatives, and the Committee on Homeland Se-
curity and Governmental Affairs of the Senate: Provided 
further, That 30 days after providing written notice to the 
Committees on Appropriations of the House of Represent-
atives and the Senate, the District of Columbia Courts 
may reallocate not more than $1,000,000 of the funds pro-
vided under this heading among the items and entities 
funded under this heading for operations, and not more 
than 4 percent of the funds provided under this heading 
for facilities. 
DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS 
For payments authorized under section 11–2604 and 
section 11–2605, D.C. Official Code (relating to represen-
tation provided under the District of Columbia Criminal 
Justice Act), payments for counsel appointed in pro-
ceedings in the Family Court of the Superior Court of the 
District of Columbia under chapter 23 of title 16, D.C. 
Official Code, or pursuant to contractual agreements to
302 
provide guardian ad litem representation, training, tech-
nical assistance, and such other services as are necessary 
to improve the quality of guardian ad litem representation, 
payments for counsel appointed in adoption proceedings 
under chapter 3 of title 16, D.C. Code, and payments for 
counsel authorized under section 21–2060, D.C. Official 
Code (relating to representation provided under the Dis-
trict of Columbia Guardianship, Protective Proceedings, 
and Durable Power of Attorney Act of 1986), 
$52,475,000, to remain available until expended: Pro-
vided, That the funds provided in this Act under the head-
ing ‘‘Federal Payment to the District of Columbia Courts’’ 
(other than the $76,076,000 provided under such heading 
for capital improvements for District of Columbia court-
house facilities) may also be used for payments under this 
heading: Provided further, That in addition to the funds 
provided under this heading, the Joint Committee on Ju-
dicial Administration in the District of Columbia may use 
funds provided in this Act under the heading ‘‘Federal 
Payment to the District of Columbia Courts’’ (other than 
the $76,076,000 provided under such heading for capital 
improvements for District of Columbia courthouse facili-
ties), to make payments described under this heading for 
obligations incurred during any fiscal year: Provided fur-
ther, That funds provided under this heading shall be ad-
303 
ministered by the Joint Committee on Judicial Adminis-
tration in the District of Columbia: Provided further, That 
notwithstanding any other provision of law, this appro-
priation shall be apportioned quarterly by the Office of 
Management and Budget and obligated and expended in 
the same manner as funds appropriated for expenses of 
other Federal agencies, with payroll and financial services 
to be provided on a contractual basis with the General 
Services Administration (GSA), and such services shall in-
clude the preparation of monthly financial reports, copies 
of which shall be submitted directly by GSA to the Presi-
dent and to the Committees on Appropriations of the 
House of Representatives and the Senate, the Committee 
on Oversight and Government Reform of the House of 
Representatives, and the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate. 
FEDERAL PAYMENT TO THE COURT SERVICES AND OF-
FENDER SUPERVISION AGENCY FOR THE DISTRICT 
OF COLUMBIA 
For salaries and expenses, including the transfer and 
hire of motor vehicles, of the Court Services and Offender 
Supervision Agency for the District of Columbia, as au-
thorized by the National Capital Revitalization and Self- 
Government Improvement Act of 1997, $203,490,000, of 
which not to exceed $2,000 is for official reception and 
representation expenses related to Community Supervision
304 
and Pretrial Services Agency programs; of which not to 
exceed $25,000 is for dues and assessments relating to 
the implementation of the Court Services and Offender 
Supervision Agency Interstate Supervision Act of 2002; 
of which not to exceed $400,000 for the Community Su-
pervision Program and $160,000 for the Pretrial Services 
Program, both to remain available until September 30, 
2010, are for information technology infrastructure en-
hancement acquisitions; of which $148,652,000 shall be 
for necessary expenses of Community Supervision and Sex 
Offender Registration, to include expenses relating to the 
supervision of adults subject to protection orders or the 
provision of services for or related to such persons; of 
which $54,838,000 shall be available to the Pretrial Serv-
ices Agency: Provided, That notwithstanding any other 
provision of law, all amounts under this heading shall be 
apportioned quarterly by the Office of Management and 
Budget and obligated and expended in the same manner 
as funds appropriated for salaries and expenses of other 
Federal agencies: Provided further, That not less than 
$2,000,000 shall be available for re-entrant housing in the 
District of Columbia: Provided further, That the Director 
is authorized to accept and use gifts in the form of in- 
kind contributions of space and hospitality to support of-
fender and defendant programs, and equipment and voca-
305 
tional training services to educate and train offenders and 
defendants: Provided further, That the Director shall keep 
accurate and detailed records of the acceptance and use 
of any gift or donation under the previous proviso, and 
shall make such records available for audit and public in-
spection: Provided further, That the Court Services and 
Offender Supervision Agency Director is authorized to ac-
cept and use reimbursement from the District of Columbia 
Government for space and services provided on a cost re-
imbursable basis. 
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA 
PUBLIC DEFENDER SERVICE 
For salaries and expenses, including the transfer and 
hire of motor vehicles, of the District of Columbia Public 
Defender Service, as authorized by the National Capital 
Revitalization and Self-Government Improvement Act of 
1997, $35,659,000, of which $700,000 is to remain avail-
able until September 30, 2010: Provided, That notwith-
standing any other provision of law, all amounts under 
this heading shall be apportioned quarterly by the Office 
of Management and Budget and obligated and expended 
in the same manner as funds appropriated for salaries and 
expenses of Federal agencies. Provided further, That for 
fiscal year 2009 and thereafter, the Public Defender Serv-
ice is authorized to charge fees to cover costs of materials 
distributed and training provided to attendees of edu-
306 
cational events, including conferences, sponsored by the 
Public Defender Service, and notwithstanding 31 U.S.C. 
3302, such fees shall be credited to this account, to be 
available until expended without further appropriation. 
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA 
WATER AND SEWER AUTHORITY 
For a Federal payment to the District of Columbia 
Water and Sewer Authority, $16,000,000, to remain avail-
able until expended, to continue implementation of the 
Combined Sewer Overflow Long-Term Plan: Provided, 
That the District of Columbia Water and Sewer Authority 
provides a 100 percent match for this payment. 
FEDERAL PAYMENT TO THE CRIMINAL JUSTICE 
COORDINATING COUNCIL 
For a Federal payment to the Criminal Justice Co-
ordinating Council, $1,774,000, to remain available until 
expended, to support initiatives related to the coordination 
of Federal and local criminal justice resources in the Dis-
trict of Columbia. 
FEDERAL PAYMENT TO THE OFFICE OF THE CHIEF 
FINANCIAL OFFICER OF THE DISTRICT OF COLUMBIA 
For a Federal payment to the Office of the Chief Fi-
nancial Officer of the District of Columbia, $4,887,622: 
Provided, That each entity that receives funding under 
this heading shall submit to the Office of the Chief Finan-
cial Officer of the District of Columbia (CFO) a detailed
307 
budget and comprehensive description of the activities to 
be carried out with such funds no later than 60 days after 
enactment of this Act, and the CFO shall submit a com-
prehensive report to the Committees on Appropriations of 
the House of Representatives and the Senate no later than 
June 1, 2009. 
FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT 
For a Federal payment for a school improvement pro-
gram in the District of Columbia, $54,000,000, to be allo-
cated as follows: for the District of Columbia Public 
Schools, $20,000,000 to improve public school education 
in the District of Columbia; for the State Education Of-
fice, $20,000,000 to expand quality public charter schools 
in the District of Columbia, to remain available until ex-
pended; for the Secretary of the Department of Education, 
$14,000,000 to provide opportunity scholarships for stu-
dents in the District of Columbia in accordance with divi-
sion C, title III of the District of Columbia Appropriations 
Act, 2004 (Public Law 108–199; 118 Stat. 126), of which 
up to $1,000,000 may be used to administer and fund as-
sessments: Provided, That none of the funds provided in 
this Act or any other Act for opportunity scholarships may 
be used by an eligible student to enroll in a participating 
school under the D.C. School Choice Incentive Act of 2003 
unless (1) the participating school has and maintains a 
valid certificate of occupancy issued by the District of Co-
308 
lumbia; and (2) the core subject matter teachers of the 
eligible student hold 4-year bachelor’s degrees: Provided 
further, That use of any funds in this Act or any other 
Act for opportunity scholarships after school year 2009– 
2010 shall only be available upon enactment of reauthor-
ization of that program by Congress and the adoption of 
legislation by the District of Columbia approving such re-
authorization. 
FEDERAL PAYMENT TO JUMP START PUBLIC SCHOOL 
REFORM 
For a Federal payment to jump start public school 
reform in the District of Columbia, $20,000,000, of which 
$3,500,000 is to support the recruitment, development 
and training of principals and other school leaders; 
$7,000,000 is to develop optimal school programs and in-
tervene in low performing schools; $7,500,000 is for a cus-
tomized data reporting and accountability system on stu-
dent performance as well as increased outreach and train-
ing for parents and community members; and $2,000,000 
is to support data reporting requirements associated with 
the District of Columbia Public Schools teacher incentive 
program: Provided, That up to $500,000 or 10 percent, 
whichever is less, of the amounts above may be transferred 
as necessary from one activity to another activity: Pro-
vided further, That the Committees on Appropriations of
309 
the House of Representatives and Senate are notified in 
writing 15 days in advance of the transfer: Provided fur-
ther, That any amount provided under this heading shall 
be available only after such amount has been apportioned 
pursuant to chapter 15 of title 31, United States Code. 
FEDERAL PAYMENT FOR CONSOLIDATED LABORATORY 
FACILITY 
For a Federal payment to the District of Columbia, 
$21,000,000, to remain available until September 30, 
2010, for costs associated with the construction of a con-
solidated bioterrorism and forensics laboratory: Provided, 
That the District of Columbia provides a 100 percent 
match for this payment. 
FEDERAL PAYMENT FOR CENTRAL LIBRARY AND BRANCH 
LOCATIONS 
For a Federal payment to the District of Columbia, 
$7,000,000, to remain available until expended, for the 
Federal contribution for costs associated with the renova-
tion and rehabilitation of District libraries. 
FEDERAL PAYMENT TO THE EXECUTIVE OFFICE OF THE 
MAYOR OF THE DISTRICT OF COLUMBIA 
For a Federal payment to the Executive Office of the 
Mayor of the District of Columbia to enhance the quality 
of life for District residents, $3,387,500, of which 
$1,250,000 shall be available as matching funds to tempo-
rarily continue Federal benefits for low-income couples
310 
who decide to marry, and of which $2,137,500 shall be 
to continue Marriage Development Accounts in the Dis-
trict of Columbia: Provided, That no funds shall be ex-
pended until the Mayor of the District of Columbia sub-
mits a detailed expenditure plan, including performance 
measures, to the Committees on Appropriations of the 
House of Representatives and the Senate: Provided fur-
ther, That the District submit a preliminary progress re-
port on activities no later than June 1, 2009, and a final 
report including a detailed description of outcomes 
achieved no later than February 1, 2010. 
DISTRICT OF COLUMBIA FUNDS 
The following amounts are appropriated for the Dis-
trict of Columbia for the current fiscal year out of the 
General Fund of the District of Columbia (‘‘General 
Fund’’), except as otherwise specifically provided: Pro-
vided, That notwithstanding any other provision of law, 
except as provided in section 450A of the District of Co-
lumbia Home Rule Act, approved November 2, 2000 (114 
Stat. 2440; D.C. Official Code § 1–204.50a), and provi-
sions of this Act, the total amount appropriated in this 
Act for operating expenses for the District of Columbia 
for fiscal year 2009 under this heading shall not exceed 
the lesser of the sum of the total revenues of the District 
of Columbia for such fiscal year or $9,888,095,000 (of
311 
which $6,082,474,000 shall be from local funds (including 
$420,119,000 from dedicated taxes), $2,177,382,000 shall 
be from Federal grant funds, $1,621,929,000 shall be 
from other funds, and $6,310,000 shall be from private 
funds); in addition, $202,326,130 from funds previously 
appropriated in this Act as Federal payments: Provided 
further, That of the local funds, such amounts as may be 
necessary may be derived from the District’s General 
Fund balance: Provided further, That of these funds the 
District’s intradistrict authority shall be $725,461,000: in 
addition, for capital construction projects, an increase of 
$1,482,977,000, of which $1,121,734,000 shall be from 
local funds, $107,794,000 from the Local Street Mainte-
nance fund, $60,708,000 from the District of Columbia 
Highway Trust Fund, $192,741,000 from Federal grant 
funds, and a rescission of $353,447,000 from local funds 
and a rescission of $37,500,000 from Local Street Mainte-
nance funds appropriated under this heading in prior fis-
cal years for a net amount of $1,092,030,000 to remain 
available until expended: Provided further, That the 
amounts provided under this heading are to be available, 
allocated and expended as proposed under ‘‘Title III— 
District of Columbia Funds Division of Expenses’’ of the 
Fiscal Year 2009 Proposed Budget and Financial Plan 
submitted to the Congress by the District of Columbia on
312 
June 9, 2008 and such title is hereby incorporated by ref-
erence as though set forth fully herein: Provided further, 
That this amount may be increased by proceeds of one- 
time transactions which are expended for emergency or 
unanticipated operating or capital needs: Provided further, 
That such increases shall be approved by enactment of 
local District law and shall comply with all reserve require-
ments contained in the District of Columbia Home Rule 
Act approved December 24, 1973 (87 Stat. 777; D.C. Of-
ficial Code § 1–201.01 et seq.), as amended by this Act: 
Provided further, That the Chief Financial Officer of the 
District of Columbia shall take such steps as are necessary 
to assure that the District of Columbia meets these re-
quirements, including the apportioning by the Chief Fi-
nancial Officer of the appropriations and funds made 
available to the District during fiscal year 2009, except 
that the Chief Financial Officer may not reprogram for 
operating expenses any funds derived from bonds, notes, 
or other obligations issued for capital projects. 
This title may be cited as the ‘‘District of Columbia 
Appropriations Act, 2009’’.
313 
TITLE V 
INDEPENDENT AGENCIES 
ADMINISTRATIVE CONFERENCE OF THE UNITED STATES 
SALARIES AND EXPENSES 
For necessary expenses of the Administrative Con-
ference of the United States, authorized by 5 U.S.C. 591 
et seq., $1,500,000, of which, not to exceed $1,000 is for 
official reception and representation expenses. 
CHRISTOPHER COLUMBUS FELLOWSHIP FOUNDATION 
SALARIES AND EXPENSES 
For payment to the Christopher Columbus Fellow-
ship Foundation, established by section 423 of Public Law 
102–281, $1,000,000, to remain available until expended. 
COMMODITY FUTURES TRADING COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses to carry out the provisions 
of the Commodity Exchange Act (7 U.S.C. 1 et seq.), in-
cluding the purchase and hire of passenger motor vehicles, 
and the rental of space (to include multiple year leases) 
in the District of Columbia and elsewhere, $146,000,000, 
including not to exceed $3,000 for official reception and 
representation expenses: Provided, That $34,734,000 of 
the total amount appropriated under this heading shall 
not be available for obligation until the Commodity Fu-
tures Trading Commission submits an expenditure plan
314 
for fiscal year 2009 to the Committees on Appropriations 
of the House of Representatives and the Senate. 
CONSUMER PRODUCT SAFETY COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Consumer Product 
Safety Commission (CPSC), including hire of passenger 
motor vehicles, services as authorized by 5 U.S.C. 3109, 
but at rates for individuals not to exceed the per diem 
rate equivalent to the maximum rate payable under 5 
U.S.C. 5376, purchase of nominal awards to recognize 
non-Federal officials’ contributions to Commission activi-
ties, and not to exceed $2,000 for official reception and 
representation 
expenses, 
$105,404,000, 
of 
which 
$6,000,000 shall remain available for obligation until Sep-
tember 30, 2011 for costs associated with the relocation 
of CPSC’s laboratory to a modern facility and the upgrade 
of laboratory equipment, and of which $2,000,000 shall 
remain available for obligation until September 30, 2010 
to implement the Virginia Graeme Baker Pool and Spa 
Safety Act grant program as provided by section 1405 of 
Public Law 110–140 (15 U.S.C. 8004). 
ELECTION ASSISTANCE COMMISSION 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses to carry out the Help Amer-
ica Vote Act of 2002, $17,959,000, of which $4,000,000
315 
shall be transferred to the National Institute of Standards 
and Technology for election reform activities authorized 
under the Help America Vote Act of 2002: Provided, That 
$750,000 shall be for the Help America Vote College Pro-
gram as provided by the Help America Vote Act of 2002 
(Public Law 107–252): Provided further, That $300,000 
shall be for a competitive grant program to support com-
munity involvement in student and parent mock elections. 
ELECTION REFORM PROGRAMS 
For necessary expenses relating to election reform 
programs, $106,000,000, to remain available until ex-
pended, of which $100,000,000 shall be for requirements 
payments under part 1 of subtitle D of title II of the Help 
America Vote Act of 2002 (Public Law 107–252), 
$5,000,000 shall be for grants to carry out research on 
voting technology improvements as authorized under part 
3 of subtitle D of title II of such Act, and $1,000,000, 
shall be to conduct a pilot program for grants to States 
and units of local government for pre-election logic and 
accuracy 
testing 
and 
post-election 
voting 
systems 
verification. 
FEDERAL COMMUNICATIONS COMMISSION 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Federal Communica-
tions Commission, as authorized by law, including uni-
316 
forms and allowances therefor, as authorized by 5 U.S.C. 
5901–5902; not to exceed $4,000 for official reception and 
representation expenses; purchase and hire of motor vehi-
cles; special counsel fees; and services as authorized by 
5 U.S.C. 3109, $341,875,000: Provided, That of the funds 
provided, not less than $3,000,000 shall be available to 
establish and administer a State Broadband Data and De-
velopment matching grants program for State-level 
broadband demand aggregation activities and creation of 
geographic inventory maps of broadband service to iden-
tify gaps in service and provide a baseline assessment of 
statewide broadband deployment: Provided further, That 
$341,875,000 of offsetting collections shall be assessed 
and collected pursuant to section 9 of title I of the Com-
munications Act of 1934, shall be retained and used for 
necessary expenses in this appropriation, and shall remain 
available until expended: Provided further, That the sum 
herein appropriated shall be reduced as such offsetting 
collections are received during fiscal year 2009 so as to 
result in a final fiscal year 2009 appropriation estimated 
at $0: Provided further, That any offsetting collections re-
ceived in excess of $341,875,000 in fiscal year 2009 shall 
not be available for obligation: Provided further, That re-
maining offsetting collections from prior years collected in 
excess of the amount specified for collection in each such
317 
year and otherwise becoming available on October 1, 2008, 
shall not be available for obligation: Provided further, That 
notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from 
the use of a competitive bidding system that may be re-
tained and made available for obligation shall not exceed 
$85,000,000 for fiscal year 2009: Provided further, That, 
in addition, not to exceed $25,480,000 may be transferred 
from the Universal Service Fund in fiscal year 2009 to 
remain available until expended, to monitor the Universal 
Service Fund program to prevent and remedy waste, fraud 
and abuse, and to conduct audits and investigations by 
the Office of Inspector General. 
ADMINISTRATIVE PROVISIONS—FEDERAL 
COMMUNICATIONS COMMISSION 
SEC. 501. Section 302 of the Universal Service 
Antideficiency Temporary Suspension Act is amended by 
striking ‘‘December 31, 2008’’, each place it appears and 
inserting ‘‘December 31, 2009’’. 
SEC. 502. None of the funds appropriated by this Act 
may be used by the Federal Communications Commission 
to modify, amend, or change its rules or regulations for 
universal service support payments to implement the Feb-
ruary 27, 2004 recommendations of the Federal-State 
Joint Board on Universal Service regarding single connec-
tion or primary line restrictions on universal service sup-
port payments.
318 
FEDERAL DEPOSIT INSURANCE CORPORATION 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector 
General in carrying out the provisions of the Inspector 
General Act of 1978, $27,495,000, to be derived from the 
Deposit Insurance Fund or, only when appropriate, the 
FSLIC Resolution Fund. 
FEDERAL ELECTION COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses to carry out the provisions 
of the Federal Election Campaign Act of 1971, 
$63,618,000, of which not to exceed $5,000 shall be avail-
able for reception and representation expenses. 
FEDERAL LABOR RELATIONS AUTHORITY 
SALARIES AND EXPENSES 
For necessary expenses to carry out functions of the 
Federal Labor Relations Authority, pursuant to Reorga-
nization Plan Numbered 2 of 1978, and the Civil Service 
Reform Act of 1978, including services authorized by 5 
U.S.C. 3109, and including hire of experts and consult-
ants, hire of passenger motor vehicles, and rental of con-
ference rooms in the District of Columbia and elsewhere, 
$22,674,000: Provided, That public members of the Fed-
eral Service Impasses Panel may be paid travel expenses 
and per diem in lieu of subsistence as authorized by law
319 
(5 U.S.C. 5703) for persons employed intermittently in 
the Government service, and compensation as authorized 
by 5 U.S.C. 3109: Provided further, That notwithstanding 
31 U.S.C. 3302, funds received from fees charged to non- 
Federal participants at labor-management relations con-
ferences shall be credited to and merged with this account, 
to be available without further appropriation for the costs 
of carrying out these conferences. 
FEDERAL TRADE COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Trade Com-
mission, including uniforms or allowances therefor, as au-
thorized by 5 U.S.C. 5901–5902; services as authorized 
by 5 U.S.C. 3109; hire of passenger motor vehicles; and 
not to exceed $2,000 for official reception and representa-
tion expenses, $259,200,000, to remain available until ex-
pended: Provided, That not to exceed $300,000 shall be 
available for use to contract with a person or persons for 
collection services in accordance with the terms of 31 
U.S.C. 3718: Provided further, That, notwithstanding any 
other provision of law, not to exceed $168,000,000 of off-
setting collections derived from fees collected for 
premerger notification filings under the Hart-Scott-Ro-
dino Antitrust Improvements Act of 1976 (15 U.S.C. 
18a), regardless of the year of collection, shall be retained
320 
and used for necessary expenses in this appropriation: 
Provided further, That, notwithstanding any other provi-
sion of law, not to exceed $21,000,000 in offsetting collec-
tions derived from fees sufficient to implement and enforce 
the Telemarketing Sales Rule, promulgated under the 
Telemarketing and Consumer Fraud and Abuse Preven-
tion Act (15 U.S.C. 6101 et seq.), shall be credited to this 
account, and be retained and used for necessary expenses 
in this appropriation: Provided further, That the sum here-
in appropriated from the general fund shall be reduced 
as such offsetting collections are received during fiscal 
year 2009, so as to result in a final fiscal year 2009 appro-
priation from the general fund estimated at not more than 
$70,200,000: Provided further, That none of the funds 
made available to the Federal Trade Commission may be 
used to implement subsection (e)(2)(B) of section 43 of 
the Federal Deposit Insurance Act (12 U.S.C. 1831t). 
GENERAL SERVICES ADMINISTRATION 
REAL PROPERTY ACTIVITIES 
FEDERAL BUILDINGS FUND 
LIMITATIONS ON AVAILABILITY OF REVENUE 
For an additional amount to be deposited in the Fed-
eral Buildings Fund, $651,198,000. To carry out the pur-
poses of the Fund established pursuant to section 592 of 
title 40, United States Code, the revenues and collections
321 
deposited into the Fund shall be available for necessary 
expenses of real property management and related activi-
ties not otherwise provided for, including operation, main-
tenance, and protection of federally owned and leased 
buildings; rental of buildings in the District of Columbia; 
restoration of leased premises; moving governmental agen-
cies (including space adjustments and telecommunications 
relocation expenses) in connection with the assignment, al-
location and transfer of space; contractual services inci-
dent to cleaning or servicing buildings, and moving; repair 
and alteration of federally owned buildings including 
grounds, approaches and appurtenances; care and safe-
guarding of sites; maintenance, preservation, demolition, 
and equipment; acquisition of buildings and sites by pur-
chase, condemnation, or as otherwise authorized by law; 
acquisition of options to purchase buildings and sites; con-
version and extension of federally owned buildings; pre-
liminary planning and design of projects by contract or 
otherwise; construction of new buildings (including equip-
ment for such buildings); and payment of principal, inter-
est, and any other obligations for public buildings acquired 
by installment purchase and purchase contract; in the ag-
gregate amount of $8,427,771,000, of which: (1) 
$746,317,000 shall remain available until expended for 
construction (including funds for sites and expenses and
322 
associated design and construction services) of additional 
projects at the following locations: 
New Construction: 
Alabama: 
Tuscaloosa 
Federal 
Building, 
$25,000,000. 
California: 
San Diego, United States Courthouse 
Annex, $110,362,000. 
San Ysidro, Land Port of Entry, 
$58,910,000. 
Colorado: 
Lakewood, Denver Federal Center Re-
mediation, $10,472,000. 
District of Columbia: 
DHS Consolidation and development 
of St. Elizabeths Campus, $331,390,000. 
Federal 
Office 
Building 
8, 
$15,000,000. 
St. Elizabeths West Campus Infra-
structure, $8,249,000. 
St. Elizabeths West Campus Site Ac-
quisition, $7,000,000. 
Maryland:
323 
Montgomery County, Food and Drug 
Administration 
Consolidation, 
$163,530,000. 
North Dakota: 
Portal, 
Land 
Port 
of 
Entry, 
$15,204,000: 
Provided, That each of the foregoing limits of costs on 
new construction projects may be exceeded to the extent 
that savings are affected in other such projects, but not 
to exceed 10 percent of the amounts included in an ap-
proved prospectus, if required, unless advance approval is 
obtained from the Committees on Appropriations of a 
greater amount: Provided further, That all funds for direct 
construction projects shall expire on September 30, 2010 
and remain in the Federal Buildings Fund except for 
funds for projects as to which funds for design or other 
funds have been obligated in whole or in part prior to such 
date: Provided further, That for fiscal year 2010 and 
thereafter, the annual budget submission of the General 
Services Administration shall include a detailed 5-year 
plan for Federal building construction projects with a 
yearly update of total projected future funding needs: Pro-
vided further, That for fiscal year 2010 and thereafter, 
the annual budget submission of the General Services Ad-
ministration shall, in consultation with U.S. Customs and
324 
Border Protection, include a detailed 5-year plan for Fed-
eral land port-of-entry projects with a yearly update of 
total projected future funding needs; (2) $692,374,000 
shall remain available until expended for repairs and alter-
ations, which includes associated design and construction 
services: 
Repairs and Alterations: 
District of Columbia: 
Eisenhower Executive Office Building, 
CBR, $14,700,000. 
Eisenhower Executive Office Building, 
Phase III, $51,075,000. 
West Wing Infrastructure Systems 
Replacement, $76,487,000. 
Illinois: 
Chicago, 
Dirksen 
Courthouse, 
$152,825,000. 
North Carolina: 
New Bern, United States Post Office 
and Courthouse, $10,640,000. 
Special Emphasis Programs: 
Energy and Water Retrofit and Con-
servation Measures, $36,647,000. 
Basic 
Repairs 
and 
Alterations, 
$350,000,000:
325 
Provided further, That funds made available in this or any 
previous Act in the Federal Buildings Fund for Repairs 
and Alterations shall, for prospectus projects, be limited 
to the amount identified for each project, except each 
project in this or any previous Act may be increased by 
an amount not to exceed 10 percent unless advance ap-
proval is obtained from the Committees on Appropriations 
of a greater amount: Provided further, That additional 
projects for which prospectuses have been fully approved 
may be funded under this category only if advance ap-
proval is obtained from the Committees on Appropria-
tions: Provided further, That the amounts provided in this 
or any prior Act for ‘‘Repairs and Alterations’’ may be 
used to fund costs associated with implementing security 
improvements to buildings necessary to meet the minimum 
standards for security in accordance with current law and 
in compliance with the reprogramming guidelines of the 
appropriate Committees of the House and Senate: Pro-
vided further, That the difference between the funds ap-
propriated and expended on any projects in this or any 
prior Act, under the heading ‘‘Repairs and Alterations’’, 
may be transferred to Basic Repairs and Alterations or 
used to fund authorized increases in prospectus projects: 
Provided further, That all funds for repairs and alterations 
prospectus projects shall expire on September 30, 2010
326 
and remain in the Federal Buildings Fund except funds 
for projects as to which funds for design or other funds 
have been obligated in whole or in part prior to such date: 
Provided further, That the amount provided in this or any 
prior Act for Basic Repairs and Alterations may be used 
to pay claims against the Government arising from any 
projects under the heading ‘‘Repairs and Alterations’’ or 
used to fund authorized increases in prospectus projects; 
(3) $149,570,000 for installment acquisition payments in-
cluding payments on purchase contracts which shall re-
main available until expended; (4) $4,642,156,000 for 
rental of space which shall remain available until ex-
pended; and (5) $2,197,354,000 for building operations 
which shall remain available until expended: Provided fur-
ther, That funds available to the General Services Admin-
istration shall not be available for expenses of any con-
struction, repair, alteration and acquisition project for 
which a prospectus, if required by the Public Buildings 
Act of 1959, has not been approved, except that necessary 
funds may be expended for each project for required ex-
penses for the development of a proposed prospectus: Pro-
vided further, That funds available in the Federal Build-
ings Fund may be expended for emergency repairs when 
advance approval is obtained from the Committees on Ap-
propriations: Provided further, That amounts necessary to
327 
provide reimbursable special services to other agencies 
under section 210(f)(6) of the Federal Property and Ad-
ministrative Services Act of 1949 (40 U.S.C. 592(b)(2)) 
and amounts to provide such reimbursable fencing, light-
ing, guard booths, and other facilities on private or other 
property not in Government ownership or control as may 
be appropriate to enable the United States Secret Service 
to perform its protective functions pursuant to 18 U.S.C. 
3056, shall be available from such revenues and collec-
tions: Provided further, That revenues and collections and 
any other sums accruing to this Fund during fiscal year 
2009, excluding reimbursements under section 210(f)(6) 
of the Federal Property and Administrative Services Act 
of 1949 (40 U.S.C. 592(b)(2)) in excess of the aggregate 
new obligational authority authorized for Real Property 
Activities of the Federal Buildings Fund in this Act shall 
remain in the Fund and shall not be available for expendi-
ture except as authorized in appropriations Acts. 
GENERAL ACTIVITIES 
GOVERNMENT-WIDE POLICY 
For expenses authorized by law, not otherwise pro-
vided for, for Government-wide policy and evaluation ac-
tivities associated with the management of real and per-
sonal property assets and certain administrative services; 
Government-wide policy support responsibilities relating to 
acquisition, telecommunications, information technology
328 
management, and related technology activities; and serv-
ices as authorized by 5 U.S.C. 3109; $54,578,000. 
OPERATING EXPENSES 
For expenses authorized by law, not otherwise pro-
vided for, for Government-wide activities associated with 
utilization and donation of surplus personal property; dis-
posal of real property; agency-wide policy direction, man-
agement, and communications; Civilian Board of Contract 
Appeals; services as authorized by 5 U.S.C. 3109; and not 
to exceed $7,500 for official reception and representation 
expenses; $70,645,000. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector 
General and service authorized by 5 U.S.C. 3109, 
$54,000,000: Provided, That not to exceed $15,000 shall 
be available for payment for information and detection of 
fraud against the Government, including payment for re-
covery of stolen Government property: Provided further, 
That not to exceed $2,500 shall be available for awards 
to employees of other Federal agencies and private citizens 
in recognition of efforts and initiatives resulting in en-
hanced Office of Inspector General effectiveness.
329 
ALLOWANCES AND OFFICE STAFF FOR FORMER 
PRESIDENTS 
(INCLUDING TRANSFER OF FUNDS) 
For carrying out the provisions of the Act of August 
25, 1958 (3 U.S.C. 102 note), and Public Law 95–138, 
$2,934,000: Provided, That the Administrator of General 
Services shall transfer to the Secretary of the Treasury 
such sums as may be necessary to carry out the provisions 
of such Acts. 
PRESIDENTIAL TRANSITION EXPENSES 
For expenses necessary to carry out the Presidential 
Transition Act of 1963, $8,520,000, of which not to ex-
ceed $1,000,000 is for activities authorized by subsections 
3(a)(8) and (9) of the Act. 
FEDERAL CITIZEN SERVICES FUND 
For necessary expenses of the Office of Citizen Serv-
ices, including services authorized by 5 U.S.C. 3109, 
$36,096,000, to be deposited into the Federal Citizen 
Services Fund: Provided, That the appropriations, reve-
nues, and collections deposited into the Fund shall be 
available for necessary expenses of Federal Citizen Serv-
ices activities in the aggregate amount not to exceed 
$50,000,000. Appropriations, revenues, and collections ac-
cruing to this Fund during fiscal year 2009 in excess of 
such amount shall remain in the Fund and shall not be
330 
available for expenditure except as authorized in appro-
priations Acts. 
ADMINISTRATIVE PROVISIONS—GENERAL SERVICES 
ADMINISTRATION 
(INCLUDING TRANSFERS OF FUNDS) 
SEC. 510. Funds available to the General Services 
Administration shall be available for the hire of passenger 
motor vehicles. 
SEC. 511. Funds in the Federal Buildings Fund 
made available for fiscal year 2009 for Federal Buildings 
Fund activities may be transferred between such activities 
only to the extent necessary to meet program require-
ments: Provided, That any proposed transfers shall be ap-
proved in advance by the Committees on Appropriations. 
SEC. 512. Except as otherwise provided in this title, 
funds made available by this Act shall be used to transmit 
a fiscal year 2010 request for United States Courthouse 
construction only if the request: (1) meets the design guide 
standards for construction as established and approved by 
the General Services Administration, the Judicial Con-
ference of the United States, and the Office of Manage-
ment and Budget; (2) reflects the priorities of the Judicial 
Conference of the United States as set out in its approved 
5-year construction plan; and (3) includes a standardized
331 
courtroom utilization study of each facility to be con-
structed, replaced, or expanded. 
SEC. 513. None of the funds provided in this Act may 
be used to increase the amount of occupiable square feet, 
provide cleaning services, security enhancements, or any 
other service usually provided through the Federal Build-
ings Fund, to any agency that does not pay the rate per 
square foot assessment for space and services as deter-
mined by the General Services Administration in compli-
ance with the Public Buildings Amendments Act of 1972 
(Public Law 92–313). 
SEC. 514. From funds made available under the 
heading ‘‘Federal Buildings Fund, Limitations on Avail-
ability of Revenue’’, claims against the Government of less 
than $250,000 arising from direct construction projects 
and acquisition of buildings may be liquidated from sav-
ings effected in other construction projects with prior noti-
fication to the Committees on Appropriations. 
SEC. 515. In any case in which the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Environment and Pub-
lic Works of the Senate adopt a resolution granting lease 
authority pursuant to a prospectus transmitted to Con-
gress by the Administrator of General Services under sec-
tion 3307 of title 40, United States Code, the Adminis-
332 
trator shall ensure that the delineated area of procurement 
is identical to the delineated area included in the pro-
spectus for all lease agreements, except that, if the Admin-
istrator determines that the delineated area of the pro-
curement should not be identical to the delineated area 
included in the prospectus, the Administrator shall provide 
an explanatory statement to each of such committees and 
the House and Senate Committees on Appropriations 
prior to exercising any lease authority provided in the res-
olution. 
SEC. 516. Subsections (a) and (b)(1) of section 323 
of title 40, United States Code, are each amended by strik-
ing ‘‘Consumer Information Center’’ and inserting ‘‘Fed-
eral Citizen Services’’; and subsection (a) is further 
amended by striking ‘‘consumer’’. 
SEC. 517. In furtherance of the emergency manage-
ment policy set forth in the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act, the Administrator 
of the General Services Administration may provide for 
the use of the Federal supply schedules of the General 
Services Administration by relief and disaster assistance 
organizations as described in section 309 of that Act. Pur-
chases under this authority shall be limited to use in prep-
aration for, response to, and recovery from hazards as de-
fined in section 602 of that Act.
333 
SEC. 518. WORKING CAPITAL FUND. (a) PURPOSE 
AND OPERATION
OF WORKING CAPITAL FUND.—Sub-
sections (a), (b) and (c) of section 3173 of title 40, United 
States Code, are amended to read as follows: 
‘‘(a) ESTABLISHMENT AND PURPOSE.—There is a 
working capital fund for the necessary expenses of admin-
istrative support services including accounting, budget, 
personnel, legal support and other related services; and 
the maintenance and operation of printing and reproduc-
tion facilities in support of the functions of the General 
Services Administration, other Federal agencies, and other 
entities; and other such administrative and management 
services that the Administrator of GSA deems appropriate 
and advantageous (subject to prior notice to the Office of 
Management and Budget). 
‘‘(b) COMPOSITION.— 
‘‘(1) IN GENERAL.—Amounts received shall be 
credited to and merged with the Fund, to remain 
available until expended, for operating costs and 
capital outlays of the Fund: Provided, That entities 
for which such services are performed shall be 
charged at rates which will return in full all costs of 
providing such services. 
‘‘(2) COST AND CAPITAL REQUIREMENTS.—The 
Administrator shall determine the cost and capital
334 
requirements of the Fund for each fiscal year and 
shall develop a plan concerning such requirements in 
consultation with the Chief Financial Officer of the 
General Services Administration. Any change to the 
cost and capital requirements of the Fund for a fis-
cal year shall be approved by the Administrator. The 
Administrator shall establish rates to be charged to 
entities for which services are performed, in accord-
ance with the plan. 
‘‘(c) DEPOSIT OF EXCESS AMOUNTS IN THE TREAS-
URY.—At the close of each fiscal year, after making provi-
sion for anticipated operating needs reflected in the cost 
and capital plan developed under subsection (b), the un-
committed balance of any funds remaining in the Fund 
shall be transferred to the general fund of the Treasury 
as miscellaneous receipts.’’. 
(b) TRANSFER AND USE OF AMOUNTS FOR MAJOR 
EQUIPMENT ACQUISITIONS.—Section 3173 of title 40, 
United States Code, is amended to add subsection (d), as 
follows: 
‘‘(d) TRANSFER AND USE OF AMOUNTS FOR MAJOR 
EQUIPMENT ACQUISITIONS.— 
‘‘(1) IN
GENERAL.—Subject to subparagraph 
(2), unobligated balances of amounts appropriated 
or otherwise made available to the General Services
335 
Administration for operating expenses and salaries 
and expenses may be transferred and merged into 
the ‘Major equipment acquisitions and development 
activity’ of the working capital fund of the General 
Services Administration for agency-wide acquisition 
of capital equipment, automated data processing sys-
tems and financial management and management in-
formation systems: Provided, That acquisitions are 
limited to those needed to implement the Chief Fi-
nancial Officers Act of 1990 (Public Law 101–576, 
104 Stat. 2838) and related laws or regulations. 
‘‘(2) REQUIREMENTS AND AVAILABILITY.— 
‘‘(A) TIME FOR TRANSFER.—Transfer of 
an amount under this section must be done no 
later than the end of the fifth fiscal year after 
the fiscal year for which the amount is appro-
priated or otherwise made available. 
‘‘(B) APPROVAL
FOR
USE.—An amount 
transferred under this section may be used only 
with the advance approval of the Committees on 
Appropriations of the House of Representatives 
and the Senate. 
‘‘(C) AVAILABILITY.—An amount trans-
ferred under this section remains available until 
expended.’’
336 
(c) CONFORMING AND CLERICAL AMENDMENTS.— 
(1) Section 312 of such title is repealed. 
(2) The heading for section 3173 of such title 
is amended to read as follows: 
‘‘§ 3173. Working capital fund for General Services 
Administration’’. 
HARRY S TRUMAN SCHOLARSHIP FOUNDATION 
SALARIES AND EXPENSES 
For payment to the Harry S Truman Scholarship 
Foundation Trust Fund, established by section 10 of Pub-
lic Law 93–642, $500,000, to remain available until ex-
pended: Provided, That hereafter, all requests of the 
Board of Trustees to the Secretary of the Treasury pro-
vided for in this section shall be binding on the Secretary, 
including requests for the issuance at par of special obliga-
tions exclusively to the fund as provided for in section 
10(b), which the Secretary shall implement without regard 
to the determination related to the public interest required 
by the last sentence of that section. 
MERIT SYSTEMS PROTECTION BOARD 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses to carry out functions of the 
Merit Systems Protection Board pursuant to Reorganiza-
tion Plan Numbered 2 of 1978, the Civil Service Reform
337 
Act of 1978, and the Whistleblower Protection Act of 
1989 (5 U.S.C. 5509 note), including services as author-
ized by 5 U.S.C. 3109, rental of conference rooms in the 
District of Columbia and elsewhere, hire of passenger 
motor vehicles, direct procurement of survey printing, and 
not to exceed $2,000 for official reception and representa-
tion expenses, $38,811,000 together with not to exceed 
$2,579,000 for administrative expenses to adjudicate re-
tirement appeals to be transferred from the Civil Service 
Retirement and Disability Fund in amounts determined 
by the Merit Systems Protection Board. 
MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN 
NATIONAL ENVIRONMENTAL POLICY FOUNDATION 
MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN 
NATIONAL ENVIRONMENTAL POLICY TRUST FUND 
(INCLUDING TRANSFER OF FUNDS) 
For payment to the Morris K. Udall Scholarship and 
Excellence in National Environmental Policy Trust Fund, 
pursuant to the Morris K. Udall Scholarship and Excel-
lence in National Environmental and Native American 
Public Policy Act of 1992 (20 U.S.C. 5601 et seq.), 
$3,750,000, to remain available until expended, of which 
up to $50,000 shall be used to conduct financial audits 
pursuant to the Accountability of Tax Dollars Act of 2002 
(Public Law 107–289) notwithstanding sections 8 and 9
338 
of Public Law 102–259: Provided, That up to 60 percent 
of such funds may be transferred by the Morris K. Udall 
Scholarship and Excellence in National Environmental 
Policy Foundation for the necessary expenses of the Na-
tive Nations Institute. 
ENVIRONMENTAL DISPUTE RESOLUTION FUND 
For payment to the Environmental Dispute Resolu-
tion Fund to carry out activities authorized in the Envi-
ronmental Policy and Conflict Resolution Act of 1998, 
$2,100,000, to remain available until expended. 
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION 
OPERATING EXPENSES 
For necessary expenses in connection with the admin-
istration of the National Archives and Records Adminis-
tration (including the Information Security Oversight Of-
fice) and archived Federal records and related activities, 
as provided by law, and for expenses necessary for the re-
view and declassification of documents and the activities 
of the Public Interest Declassification Board, and for the 
hire of passenger motor vehicles, and for uniforms or al-
lowances therefor, as authorized by law (5 U.S.C. 5901 
et seq.), including maintenance, repairs, and cleaning, 
$330,308,000, of which $650,000 shall remain available 
until September 30, 2010.
339 
ELECTRONIC RECORDS ARCHIVES 
For necessary expenses in connection with the devel-
opment of the electronic records archives, to include all 
direct project costs associated with research, analysis, de-
sign, 
development, 
and 
program 
management, 
$67,008,000, of which $45,795,000 shall remain available 
until September 30, 2011: Provided, That none of the 
multi-year funds may be obligated until the National Ar-
chives and Records Administration submits to the Com-
mittees on Appropriations, and such Committees approve, 
a plan for expenditure that: (1) meets the capital planning 
and investment control review requirements established by 
the Office of Management and Budget, including Circular 
A–11; (2) complies with the National Archives and 
Records Administration’s enterprise architecture; (3) con-
forms with the National Archives and Records Adminis-
tration’s enterprise life cycle methodology; (4) is approved 
by the National Archives and Records Administration and 
the Office of Management and Budget; (5) has been re-
viewed by the Government Accountability Office; and (6) 
complies with the acquisition rules, requirements, guide-
lines, and systems acquisition management practices of 
the Federal Government. 
REPAIRS AND RESTORATION 
For the repair, alteration, and improvement of ar-
chives facilities, and to provide adequate storage for hold-
340 
ings, $50,711,000, to remain available until expended: 
Provided, That the Archivist is authorized to construct an 
addition to the John F. Kennedy Presidential Library and 
Museum; and of the funds provided, $22,000,000 shall be 
available for construction costs and related services for 
building the addition to the John F. Kennedy Presidential 
Library and Museum and other necessary expenses, in-
cluding renovating the Library as needed in constructing 
the addition; $17,500,000 is for necessary expenses re-
lated to the repair and renovation of the Franklin D. Roo-
sevelt Presidential Library and Museum in Hyde Park, 
New York; and $2,000,000 is for the repair and restora-
tion of the plaza that surrounds the Lyndon Baines John-
son Presidential Library and Museum that is under the 
joint control and custody of the University of Texas: Pro-
vided further, That such funds shall remain available until 
expended for this purpose and may be transferred directly 
to the University and used, together with University 
funds, for the repair and restoration of the plaza: Provided 
further, That such funds shall be spent in accordance with 
the construction plan submitted to the Committees on Ap-
propriations on March 14, 2005: Provided further, That 
the Archivist shall be prohibited from entering into any 
agreement with the University or any other party that re-
quires additional funding commitments on behalf of the
341 
Federal Government for this project: Provided further, 
That hereafter, no further Federal funding shall be pro-
vided for this plaza project. 
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS 
COMMISSION 
GRANTS PROGRAM 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses for allocations and grants for 
historical publications and records as authorized by 44 
U.S.C. 2504, $11,250,000, to remain available until ex-
pended: Provided, That of the funds provided in this para-
graph, $2,000,000 shall be transferred to the operating 
expenses account of the National Archives and Records 
Administration for operating expenses of the National 
Historical Publications and Records Commission. 
ADMINISTRATIVE PROVISION—NATIONAL ARCHIVES AND 
RECORDS ADMINISTRATION 
Hereafter, the National Archives and Records Ad-
ministration shall include in its annual budget submission 
a comprehensive capital needs assessment for funding pro-
vided under the ‘‘Repairs and Restoration’’ appropriations 
account to be updated yearly: Provided, That funds pro-
posed under the ‘‘Repairs and Restoration’’ appropriations 
account for each fiscal year shall be allocated to projects 
on a priority basis established under a comprehensive cap-
ital needs assessment.
342 
NATIONAL CREDIT UNION ADMINISTRATION 
CENTRAL LIQUIDITY FACILITY 
During fiscal year 2009, gross obligations of the Cen-
tral Liquidity Facility for the principal amount of new di-
rect loans to member credit unions, as authorized by 12 
U.S.C. 1795 et seq., shall be the amount authorized by 
section 307(a)(4)(A) of the Federal Credit Union Act (12 
U.S.C. 1795f(a)(4)(A)): Provided, That administrative ex-
penses of the Central Liquidity Facility in fiscal year 2009 
shall not exceed $1,250,000. 
COMMUNITY DEVELOPMENT REVOLVING LOAN FUND 
For the Community Development Revolving Loan 
Fund program as authorized by 42 U.S.C. 9812, 9822 
and 9910, $1,000,000 shall be available until September 
30, 2010 for technical assistance to low-income designated 
credit unions. 
OFFICE OF GOVERNMENT ETHICS 
SALARIES AND EXPENSES 
For necessary expenses to carry out functions of the 
Office of Government Ethics pursuant to the Ethics in 
Government Act of 1978, and the Ethics Reform Act of 
1989, including services as authorized by 5 U.S.C. 3109, 
rental of conference rooms in the District of Columbia and 
elsewhere, hire of passenger motor vehicles, and not to ex-
ceed $1,500 for official reception and representation ex-
penses, $13,000,000.
343 
OFFICE OF PERSONNEL MANAGEMENT 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF TRUST FUNDS) 
For necessary expenses to carry out functions of the 
Office of Personnel Management pursuant to Reorganiza-
tion Plan Numbered 2 of 1978 and the Civil Service Re-
form Act of 1978, including services as authorized by 5 
U.S.C. 3109; medical examinations performed for veterans 
by private physicians on a fee basis; rental of conference 
rooms in the District of Columbia and elsewhere; hire of 
passenger motor vehicles; not to exceed $2,500 for official 
reception and representation expenses; advances for reim-
bursements to applicable funds of the Office of Personnel 
Management and the Federal Bureau of Investigation for 
expenses incurred under Executive Order No. 10422 of 
January 9, 1953, as amended; and payment of per diem 
and/or subsistence allowances to employees where Voting 
Rights Act activities require an employee to remain over-
night at his or her post of duty, $92,829,000, of which 
$5,851,000 shall remain available until expended for the 
Enterprise 
Human 
Resources 
Integration 
project; 
$1,351,000 shall remain available until expended for the 
Human Resources Line of Business project; and in addi-
tion $118,082,000 for administrative expenses, to be 
transferred from the appropriate trust funds of the Office 
of Personnel Management without regard to other stat-
344 
utes, including direct procurement of printed materials, 
for the retirement and insurance programs, of which 
$15,200,000 shall remain available until expended for the 
cost of automating the retirement recordkeeping systems: 
Provided, That the provisions of this appropriation shall 
not affect the authority to use applicable trust funds as 
provided by sections 8348(a)(1)(B), and 9004(f)(2)(A) of 
title 5, United States Code: Provided further, That no part 
of this appropriation shall be available for salaries and ex-
penses of the Legal Examining Unit of the Office of Per-
sonnel Management established pursuant to Executive 
Order No. 9358 of July 1, 1943, or any successor unit 
of like purpose: Provided further, That the President’s 
Commission on White House Fellows, established by Exec-
utive Order No. 11183 of October 3, 1964, may, during 
fiscal year 2009, accept donations of money, property, and 
personal services: Provided further, That such donations, 
including those from prior years, may be used for the de-
velopment of publicity materials to provide information 
about the White House Fellows, except that no such dona-
tions shall be accepted for travel or reimbursement of trav-
el expenses, or for the salaries of employees of such Com-
mission: Provided further, That within the funds provided, 
the Office of Personnel Management shall carry out the 
Intergovernmental Personnel Act Mobility Program, with
345 
special attention to Federal agencies employing more than 
2,000 nurses: Provided further, That funding may be allo-
cated to develop guidelines that provide Federal agencies 
direction in using their authority under the Intergovern-
mental Personnel Act Mobility Program, according to the 
directives outlined in the accompanying report. 
OFFICE OF INSPECTOR GENERAL 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF TRUST FUNDS) 
For necessary expenses of the Office of Inspector 
General in carrying out the provisions of the Inspector 
General Act of 1978, including services as authorized by 
5 U.S.C. 3109, hire of passenger motor vehicles, 
$1,828,000, and in addition, not to exceed $18,755,000 
for administrative expenses to audit, investigate, and pro-
vide other oversight of the Office of Personnel Manage-
ment’s retirement and insurance programs, to be trans-
ferred from the appropriate trust funds of the Office of 
Personnel Management, as determined by the Inspector 
General: Provided, That the Inspector General is author-
ized to rent conference rooms in the District of Columbia 
and elsewhere. 
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES 
HEALTH BENEFITS 
For payment of Government contributions with re-
spect to retired employees, as authorized by chapter 89
346 
of title 5, United States Code, and the Retired Federal 
Employees Health Benefits Act (74 Stat. 849), such sums 
as may be necessary. 
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE 
LIFE INSURANCE 
For payment of Government contributions with re-
spect to employees retiring after December 31, 1989, as 
required by chapter 87 of title 5, United States Code, such 
sums as may be necessary. 
PAYMENT TO CIVIL SERVICE RETIREMENT AND 
DISABILITY FUND 
For financing the unfunded liability of new and in-
creased annuity benefits becoming effective on or after Oc-
tober 20, 1969, as authorized by 5 U.S.C. 8348, and an-
nuities under special Acts to be credited to the Civil Serv-
ice Retirement and Disability Fund, such sums as may 
be necessary: Provided, That annuities authorized by the 
Act of May 29, 1944, and the Act of August 19, 1950 
(33 U.S.C. 771–775), may hereafter be paid out of the 
Civil Service Retirement and Disability Fund. 
OFFICE OF SPECIAL COUNSEL 
SALARIES AND EXPENSES 
For necessary expenses to carry out functions of the 
Office of Special Counsel pursuant to Reorganization Plan 
Numbered 2 of 1978, the Civil Service Reform Act of 
1978 (Public Law 95–454), the Whistleblower Protection
347 
Act of 1989 (Public Law 101–12), Public Law 107–304, 
and the Uniformed Services Employment and Reemploy-
ment Rights Act of 1994 (Public Law 103–353), including 
services as authorized by 5 U.S.C. 3109, payment of fees 
and expenses for witnesses, rental of conference rooms in 
the District of Columbia and elsewhere, and hire of pas-
senger motor vehicles; $17,468,000. 
POSTAL REGULATORY COMMISSION 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Postal Regulatory 
Commission in carrying out the provisions of the Postal 
Accountability and Enhancement Act (Public Law 109– 
435), $14,043,000, to be derived by transfer from the 
Postal Service Fund and expended as authorized by sec-
tion 603(a) of such Act. 
PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the Privacy and Civil Lib-
erties Oversight Board, as authorized by section 1061 of 
the Intelligence Reform and Terrorism Prevention Act of 
2004 (5 U.S.C. 601 note), $1,500,000, to remain available 
until September 30, 2010.
348 
SECURITIES AND EXCHANGE COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses for the Securities and Ex-
change Commission, including services as authorized by 
5 U.S.C. 3109, the rental of space (to include multiple 
year leases) in the District of Columbia and elsewhere, and 
not to exceed $3,500 for official reception and representa-
tion expenses, $943,000,000, to remain available until ex-
pended; of which not to exceed $20,000 may be used to-
ward funding a permanent secretariat for the Inter-
national Organization of Securities Commissions; and of 
which not to exceed $130,000 shall be available for ex-
penses for consultations and meetings hosted by the Com-
mission with foreign governmental and other regulatory 
officials, members of their delegations, appropriate rep-
resentatives and staff to exchange views concerning devel-
opments relating to securities matters, development and 
implementation of cooperation agreements concerning se-
curities matters and provision of technical assistance for 
the development of foreign securities markets, such ex-
penses to include necessary logistic and administrative ex-
penses and the expenses of Commission staff and foreign 
invitees in attendance at such consultations and meetings 
including: (1) such incidental expenses as meals taken in 
the course of such attendance; (2) any travel and trans-
349 
portation to or from such meetings; and (3) any other re-
lated lodging or subsistence: Provided, That fees and 
charges authorized by sections 6(b) of the Securities Ex-
change Act of 1933 (15 U.S.C. 77f(b)), and 13(e), 14(g) 
and 31 of the Securities Exchange Act of 1934 (15 U.S.C. 
78m(e), 78n(g), and 78ee), shall be credited to this ac-
count as offsetting collections: Provided further, That not 
to exceed $894,356,000 of such offsetting collections shall 
be available until expended for necessary expenses of this 
account: Provided further, That $48,644,000 shall be de-
rived from prior year unobligated balances from funds pre-
viously appropriated to the Securities and Exchange Com-
mission: Provided further, That the total amount appro-
priated under this heading from the general fund for fiscal 
year 2009 shall be reduced as such offsetting fees are re-
ceived so as to result in a final total fiscal year 2009 ap-
propriation from the general fund estimated at not more 
than $0. 
SELECTIVE SERVICE SYSTEM 
SALARIES AND EXPENSES 
For necessary expenses of the Selective Service Sys-
tem, including expenses of attendance at meetings and of 
training for uniformed personnel assigned to the Selective 
Service System, as authorized by 5 U.S.C. 4101–4118 for 
civilian employees; purchase of uniforms, or allowances
350 
therefor, as authorized by 5 U.S.C. 5901–5902; hire of 
passenger motor vehicles; services as authorized by 5 
U.S.C. 3109; and not to exceed $750 for official reception 
and representation expenses; $22,000,000: Provided, That 
during the current fiscal year, the President may exempt 
this appropriation from the provisions of 31 U.S.C. 1341, 
whenever the President deems such action to be necessary 
in the interest of national defense: Provided further, That 
none of the funds appropriated by this Act may be ex-
pended for or in connection with the induction of any per-
son into the Armed Forces of the United States. 
SMALL BUSINESS ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses, not otherwise provided for, 
of the Small Business Administration as authorized by 
Public Law 108–447, including hire of passenger motor 
vehicles as authorized by 31 U.S.C. 1343 and 1344, and 
not to exceed $3,500 for official reception and representa-
tion expenses, $386,896,000: Provided, That the Adminis-
trator is authorized to charge fees to cover the cost of pub-
lications developed by the Small Business Administration, 
and certain loan program activities, including fees author-
ized by section 5(b) of the Small Business Act: Provided 
further, That, notwithstanding 31 U.S.C. 3302, revenues 
received from all such activities shall be credited to this
351 
account, to remain available until expended, for carrying 
out these purposes without further appropriations: Pro-
vided further, That $110,000,000 shall be available to 
fund grants for performance in fiscal year 2009 or fiscal 
year 2010 as authorized, of which $1,000,000 shall be for 
the Veterans Assistance and Services Program authorized 
by section 21(n) of the Small Business Act, as added by 
section 107 of Public Law 110–186, and of which 
$1,000,000 shall be for the Small Business Energy Effi-
ciency Program authorized by section 1203(c) of Public 
Law 110–140: Provided further, That $7,654,400 shall be 
available for the Loan Modernization and Accounting Sys-
tem, to be available until September 30, 2010. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector 
General in carrying out the provisions of the Inspector 
General Act of 1978, $16,750,000. 
SURETY BOND GUARANTEES REVOLVING FUND 
For additional capital for the Surety Bond Guaran-
tees Revolving Fund, authorized by the Small Business 
Investment Act of 1958, $2,000,000, to remain available 
until expended. 
BUSINESS LOANS PROGRAM ACCOUNT 
(INCLUDING TRANSFERS OF FUNDS) 
For the cost of direct loans, $2,500,000, to remain 
available until expended: Provided, That such costs, in-
352 
cluding the cost of modifying such loans, shall be as de-
fined in section 502 of the Congressional Budget Act of 
1974: Provided further, That subject to section 502 of the 
Congressional Budget Act of 1974, during fiscal year 
2009 commitments to guarantee loans under section 503 
of the Small Business Investment Act of 1958 shall not 
exceed $7,500,000,000: Provided further, That during fis-
cal year 2009 commitments for general business loans au-
thorized under section 7(a) of the Small Business Act 
shall not exceed $17,500,000,000: Provided further, That 
during fiscal year 2009 commitments to guarantee loans 
for debentures under section 303(b) of the Small Business 
Investment Act of 1958, shall not exceed $3,000,000,000: 
Provided further, That during fiscal year 2009, guarantees 
of trust certificates authorized by section 5(g) of the Small 
Business Act shall not exceed a principal amount of 
$12,000,000,000. In addition, for administrative expenses 
to carry out the direct and guaranteed loan programs, 
$138,480,000, which may be transferred to and merged 
with the appropriations for Salaries and Expenses. 
ADMINISTRATIVE PROVISIONS—SMALL BUSINESS 
ADMINISTRATION 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 520. Not to exceed 5 percent of any appropria-
tion made available for the current fiscal year for the 
Small Business Administration in this Act may be trans-
353 
ferred between such appropriations, but no such appro-
priation shall be increased by more than 10 percent by 
any such transfers: Provided, That any transfer pursuant 
to this paragraph shall be treated as a reprogramming of 
funds under section 608 of this Act and shall not be avail-
able for obligation or expenditure except in compliance 
with the procedures set forth in that section. 
SEC. 521. All disaster loans issued in Alaska or 
North Dakota shall be administered by the Small Business 
Administration and shall not be sold during fiscal year 
2009. 
SEC. 522. None of the funds made available under 
this Act may be used by the Small Business Administra-
tion to implement the rule relating to women-owned small 
business Federal contract assistance procedures published 
in the Federal Register on October 1, 2008 (73 Fed. Reg. 
56940 et seq.). 
SEC. 523. Of the amount made available under the 
heading ‘‘State and Tribal Assistance Grants’’ under title 
II of division F of the Consolidated Appropriations Act, 
2008 (Public Law 110–161; 121 Stat. 2125) for the 
Mingo County Redevelopment Authority, $2,953,000 is 
transferred to the ‘‘Salaries and Expenses’’ account of the 
Small Business Administration. The amount transferred 
under this section shall be for the Mingo County Redevel-
354 
opment Authority and shall be available for use under the 
terms and conditions otherwise applicable to amounts ap-
propriated for the ‘‘Salaries and Expenses’’ account of the 
Small Business Administration and shall remain available 
until expended. 
SEC. 524. Funds made available under section 534 
of Public Law 110–161 (121 Stat. 2125) for the Alabama 
Small Business Institute of Commerce, Small Business In-
cubator, Rainbow City, Alabama shall be made available 
to Alabama Small Business Institute of Commerce, Rain-
bow City, Alabama. 
SEC. 525. For an additional amount under the head-
ing ‘‘Small Business Administration, Salaries and Ex-
penses’’, $65,653,678, to remain available until September 
30, 2010, shall be for initiatives related to small business 
development 
and 
entrepreneurship, 
including 
pro-
grammatic and construction activities, and in the amounts 
specified in the table that appears under the heading ‘‘Ad-
ministrative Provisions–Small Business Administration’’ 
in the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act). 
UNITED STATES POSTAL SERVICE 
PAYMENT TO THE POSTAL SERVICE FUND 
For payment to the Postal Service Fund for revenue 
forgone on free and reduced rate mail, pursuant to sub-
355 
sections (c) and (d) of section 2401 of title 39, United 
States Code, $111,831,000, of which $82,831,000 shall 
not be available for obligation until October 1, 2009: Pro-
vided, That mail for overseas voting and mail for the blind 
shall continue to be free: Provided further, That 6-day de-
livery and rural delivery of mail shall continue at not less 
than the 1983 level: Provided further, That none of the 
funds made available to the Postal Service by this Act 
shall be used to implement any rule, regulation, or policy 
of charging any officer or employee of any State or local 
child support enforcement agency, or any individual par-
ticipating in a State or local program of child support en-
forcement, a fee for information requested or provided 
concerning an address of a postal customer: Provided fur-
ther, That none of the funds provided in this Act shall 
be used to consolidate or close small rural and other small 
post offices in fiscal year 2009. 
OFFICE OF INSPECTOR GENERAL 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Office of Inspector 
General in carrying out the provisions of the Inspector 
General Act of 1978, $239,356,000, to be derived by 
transfer from the Postal Service Fund and expended as 
authorized by section 603(b)(3) of the Postal Account-
ability and Enhancement Act (Public Law 109–435).
356 
UNITED STATES TAX COURT 
SALARIES AND EXPENSES 
For necessary expenses, including contract reporting 
and other services as authorized by 5 U.S.C. 3109, 
$48,463,000: Provided, That travel expenses of the judges 
shall be paid upon the written certificate of the judge. 
TITLE VI 
GENERAL PROVISIONS—THIS ACT 
SEC. 601. None of the funds in this Act shall be used 
for the planning or execution of any program to pay the 
expenses of, or otherwise compensate, non-Federal parties 
intervening in regulatory or adjudicatory proceedings 
funded in this Act. 
SEC. 602. None of the funds appropriated in this Act 
shall remain available for obligation beyond the current 
fiscal year, nor may any be transferred to other appropria-
tions, unless expressly so provided herein. 
SEC. 603. The expenditure of any appropriation 
under this Act for any consulting service through procure-
ment contract pursuant to section 3109 of title 5, United 
States Code, shall be limited to those contracts where such 
expenditures are a matter of public record and available 
for public inspection, except where otherwise provided 
under existing law, or under existing Executive order 
issued pursuant to existing law.
357 
SEC. 604. None of the funds made available in this 
Act may be transferred to any department, agency, or in-
strumentality of the United States Government, except 
pursuant to a transfer made by, or transfer authority pro-
vided in, this Act or any other appropriations Act. 
SEC. 605. None of the funds made available by this 
Act shall be available for any activity or for paying the 
salary of any Government employee where funding an ac-
tivity or paying a salary to a Government employee would 
result in a decision, determination, rule, regulation, or pol-
icy that would prohibit the enforcement of section 307 of 
the Tariff Act of 1930 (19 U.S.C. 1307). 
SEC. 606. No funds appropriated pursuant to this 
Act may be expended by an entity unless the entity agrees 
that in expending the assistance the entity will comply 
with the Buy American Act (41 U.S.C. 10a–10c). 
SEC. 607. No funds appropriated or otherwise made 
available under this Act shall be made available to any 
person or entity that has been convicted of violating the 
Buy American Act (41 U.S.C. 10a–10c). 
SEC. 608. Except as otherwise provided in this Act, 
none of the funds provided in this Act, provided by pre-
vious appropriations Acts to the agencies or entities fund-
ed in this Act that remain available for obligation or ex-
penditure in fiscal year 2009, or provided from any ac-
358 
counts in the Treasury derived by the collection of fees 
and available to the agencies funded by this Act, shall be 
available for obligation or expenditure through a re-
programming of funds that: (1) creates a new program; 
(2) eliminates a program, project, or activity; (3) increases 
funds or personnel for any program, project, or activity 
for which funds have been denied or restricted by the Con-
gress; (4) proposes to use funds directed for a specific ac-
tivity by either the House or Senate Committees on Ap-
propriations for a different purpose; (5) augments existing 
programs, projects, or activities in excess of $5,000,000 
or 10 percent, whichever is less; (6) reduces existing pro-
grams, projects, or activities by $5,000,000 or 10 percent, 
whichever is less; or (7) creates or reorganizes offices, pro-
grams, or activities unless prior approval is received from 
the Committees on Appropriations of the House of Rep-
resentatives and the Senate: Provided, That prior to any 
significant reorganization or restructuring of offices, pro-
grams, or activities, each agency or entity funded in this 
Act shall consult with the Committees on Appropriations 
of the House of Representatives and the Senate: Provided 
further, That not later than 60 days after the date of en-
actment of this Act, each agency funded by this Act shall 
submit a report to the Committees on Appropriations of 
the House of Representatives and the Senate to establish
359 
the baseline for application of reprogramming and trans-
fer authorities for the current fiscal year: Provided further, 
That the report shall include: (1) a table for each appro-
priation with a separate column to display the President’s 
budget request, adjustments made by Congress, adjust-
ments due to enacted rescissions, if appropriate, and the 
fiscal year enacted level; (2) a delineation in the table for 
each appropriation both by object class and program, 
project, and activity as detailed in the budget appendix 
for the respective appropriation; and (3) an identification 
of items of special congressional interest: Provided further, 
That the amount appropriated or limited for salaries and 
expenses for an agency shall be reduced by $100,000 per 
day for each day after the required date that the report 
has not been submitted to the Congress. 
SEC. 609. Except as otherwise specifically provided 
by law, not to exceed 50 percent of unobligated balances 
remaining available at the end of fiscal year 2009 from 
appropriations made available for salaries and expenses 
for fiscal year 2009 in this Act, shall remain available 
through September 30, 2010, for each such account for 
the purposes authorized: Provided, That a request shall 
be submitted to the Committees on Appropriations of the 
House of Representatives and the Senate for approval 
prior to the expenditure of such funds: Provided further,
360 
That these requests shall be made in compliance with re-
programming guidelines. 
SEC. 610. None of the funds made available in this 
Act may be used by the Executive Office of the President 
to request from the Federal Bureau of Investigation any 
official background investigation report on any individual, 
except when— 
(1) such individual has given his or her express 
written consent for such request not more than 6 
months prior to the date of such request and during 
the same presidential administration; or 
(2) such request is required due to extraor-
dinary circumstances involving national security. 
SEC. 611. The cost accounting standards promul-
gated under section 26 of the Office of Federal Procure-
ment Policy Act (Public Law 93–400; 41 U.S.C. 422) 
shall not apply with respect to a contract under the Fed-
eral Employees Health Benefits Program established 
under chapter 89 of title 5, United States Code. 
SEC. 612. For the purpose of resolving litigation and 
implementing any settlement agreements regarding the 
nonforeign area cost-of-living allowance program, the Of-
fice of Personnel Management may accept and utilize 
(without regard to any restriction on unanticipated travel 
expenses imposed in an Appropriations Act) funds made
361 
available to the Office of Personnel Management pursuant 
to court approval. 
SEC. 613. No funds appropriated by this Act shall 
be available to pay for an abortion, or the administrative 
expenses in connection with any health plan under the 
Federal employees health benefits program which provides 
any benefits or coverage for abortions. 
SEC. 614. The provision of section 613 shall not 
apply where the life of the mother would be endangered 
if the fetus were carried to term, or the pregnancy is the 
result of an act of rape or incest. 
SEC. 615. In order to promote Government access to 
commercial information technology, the restriction on pur-
chasing nondomestic articles, materials, and supplies set 
forth in the Buy American Act (41 U.S.C. 10a et seq.), 
shall not apply to the acquisition by the Federal Govern-
ment of information technology (as defined in section 
11101 of title 40, United States Code), that is a commer-
cial item (as defined in section 4(12) of the Office of Fed-
eral Procurement Policy Act (41 U.S.C. 403(12)). 
SEC. 616. Section 5112 of title 31, United States 
Code (as amended by Public Law 110–161), is amended— 
(1) by redesignating the second subsection (r) 
as subsection (s), and
362 
(2) by striking ‘‘paragraph (4)’’ each place it 
appears in subsection (s)(5) (as redesignated by 
paragraph (1)) and inserting ‘‘paragraph (3)’’. 
SEC. 617. Notwithstanding section 1353 of title 31, 
United States Code, no officer or employee of any regu-
latory agency or commission funded by this Act may ac-
cept on behalf of that agency, nor may such agency or 
commission accept, payment or reimbursement from a 
non-Federal entity for travel, subsistence, or related ex-
penses for the purpose of enabling an officer or employee 
to attend and participate in any meeting or similar func-
tion relating to the official duties of the officer or em-
ployee when the entity offering payment or reimbursement 
is a person or entity subject to regulation by such agency 
or commission, or represents a person or entity subject 
to regulation by such agency or commission, unless the 
person or entity is an organization described in section 
501(c)(3) of the Internal Revenue Code of 1986 and ex-
empt from tax under section 501(a) of such Code. 
SEC. 618. LIFE
INSURANCE
FOR
TAX
COURT 
JUDGES AGE 65 OR OVER. (a) IN GENERAL.—Section 
7472 of title 26, United States Code, is amended by in-
serting after the word ‘‘imposed’’ where it appears in the 
second sentence the following phrase ‘‘after April 24, 
1999, that is incurred’’.
363 
(b) EFFECTIVE DATE.—This amendment shall take 
effect as if included in the amendment made by section 
852 of the Pension Protection Act of 2006. 
SEC. 619. The Public Company Accounting Oversight 
Board shall have authority to obligate funds for the schol-
arship program established by section 109(c)(2) of the 
Sarbanes-Oxley Act of 2002 (Public Law 107–204) in an 
aggregate amount not exceeding the amount of funds col-
lected by the Board as of December 31, 2008, including 
accrued interest, as a result of the assessment of monetary 
penalties. Funds available for obligation in fiscal year 
2009 shall remain available until expended. 
SEC. 620. Section 910(a) of the Trade Sanctions Re-
form and Export Enhancement Act of 2000 (22 U.S.C. 
7209(a)) is amended to read as follows: 
‘‘(a) AUTHORIZATION
OF TRAVEL RELATING
TO 
COMMERCIAL SALES OF AGRICULTURAL AND MEDICAL 
GOODS.—The Secretary of the Treasury shall promulgate 
regulations under which the travel-related transactions 
listed in paragraph (c) of section 515.560 of title 31, Code 
of Federal Regulations, are authorized by general license 
for travel to, from, or within Cuba for the marketing and 
sale of agricultural and medical goods pursuant to the pro-
visions of this title.’’.
364 
SEC. 621. None of the funds made available in this 
Act may be used to administer, implement, or enforce the 
amendments made to section 515.560 and section 515.561 
of title 31, Code of Federal Regulations, related to travel 
to visit relatives in Cuba, that were published in the Fed-
eral Register on June 16, 2004. 
SEC. 622. None of the funds made available in this 
Act may be used to administer, implement, or enforce the 
amendment made to section 515.533 of title 31, Code of 
Federal Regulations, that was published in the Federal 
Register on February 25, 2005. 
SEC. 623. CHRISTOPHER COLUMBUS FELLOWSHIP 
AUTHORIZATION. The Christopher Columbus Fellowship 
Act (20 U.S.C. 5701 et seq.) is amended— 
(1) in section 426(a) (20 U.S.C. 5705(a))— 
(A) in paragraph (3), by striking ‘‘and’’ at 
the end; 
(B) by redesignating paragraph (4) as 
paragraph (5); and 
(C) by inserting after paragraph (3) the 
following: 
‘‘(4) amounts appropriated to the Foundation, 
as authorized under section 430; and’’; and 
(2) by adding at the end the following new sec-
tion:
365 
‘‘SEC. 430. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to the 
Foundation, such sums as may be necessary to carry out 
this subtitle.’’. 
SEC. 624. Notwithstanding any other provision of 
law, for fiscal year 2009 and each fiscal year thereafter, 
neither the Board of Governors of the Federal Reserve 
System nor the Secretary of the Treasury may determine, 
by rule, regulation, order, or otherwise, for purposes of 
section 4(k) of the Bank Holding Company Act of 1956, 
or section 5136A of the Revised Statutes of the United 
States, that real estate brokerage activity or real estate 
management activity is an activity that is financial in na-
ture, is incidental to any financial activity, or is com-
plementary to a financial activity. For purposes of this 
section, ‘‘real estate brokerage activity’’ shall mean ‘‘real 
estate brokerage’’, and ‘‘real estate management activity’’ 
shall mean ‘‘property management’’, as those terms were 
understood by the Board of Governors of the Federal Re-
serve System prior to March 11, 2000. 
SEC. 625. (a) Section 102(a)(3)(B) of the Help 
America Vote Act of 2002 (42 U.S.C. 15302(a)(3)(B)) is 
amended by striking ‘‘March 1, 2008’’ and inserting ‘‘No-
vember 1, 2010’’.
366 
(b) The amendment made by subsection (a) shall take 
effect as if included in the enactment of the Help America 
Vote Act of 2002. 
SEC. 626. (a) Within 90 days after the date of enact-
ment of this Act, the Federal Trade Commission shall ini-
tiate a rulemaking proceeding with respect to mortgage 
loans in accordance with section 553 of title 5, United 
States Code. Any violation of a rule prescribed under this 
subsection shall be treated as a violation of a rule under 
section 18 of the Federal Trade Commission Act (15 
U.S.C. 57a) regarding unfair or deceptive acts or prac-
tices. 
(b)(1) Except as provided in paragraph (6), a State, 
as parens patriae, may bring a civil action on behalf of 
its residents in an appropriate State or district court of 
the United States to enforce the provisions of section 128 
of the Truth in Lending Act (15 U.S.C. 1638), any other 
provision of the Truth in Lending Act, or any mortgage 
loan rule promulgated by the Federal Trade Commission 
to obtain penalties and relief provided under such Act or 
rule whenever the attorney general of the State has reason 
to believe that the interests of the residents of the State 
have been or are being threatened or adversely affected 
by a violation of such Act or rule.
367 
(2) The State shall serve written notice to the Com-
mission of any civil action under paragraph (1) at least 
60 days prior to initiating such civil action. The notice 
shall include a copy of the complaint to be filed to initiate 
such civil action, except that if it is not feasible for the 
State to provide such prior notice, the State shall provide 
notice immediately upon instituting such civil action. 
(3) Upon receiving the notice required by paragraph 
(2), the Commission may intervene in such civil action and 
upon intervening— 
(A) be heard on all matters arising in such civil 
action; 
(B) remove the action to the appropriate 
United States district court; and 
(C) file petitions for appeal of a decision in 
such civil action. 
(4) Nothing in this subsection shall prevent the attor-
ney general of a State from exercising the powers con-
ferred on the attorney general by the laws of such State 
to conduct investigations or to administer oaths or affir-
mations or to compel the attendance of witnesses or the 
production of documentary and other evidence. Nothing 
in this section shall prohibit the attorney general of a 
State, or other authorized State officer, from proceeding
368 
in State or Federal court on the basis of an alleged viola-
tion of any civil or criminal statute of that State. 
(5) In a civil action brought under paragraph (1)— 
(A) the venue shall be a judicial district in 
which the defendant is found, is an inhabitant, or 
transacts business or wherever venue is proper under 
section 1391 of title 28, United States Code; and 
(B) process may be served without regard to 
the territorial limits of the district or of the State 
in which the civil action is instituted. 
(6) Whenever a civil action or an administrative ac-
tion has been instituted by or on behalf of the Commission 
for violation of any provision of law or rule described in 
paragraph (1), no State may, during the pendency of such 
action instituted by or on behalf of the Commission, insti-
tute a civil action under that paragraph against any de-
fendant named in the complaint in such action for viola-
tion of any law or rule as alleged in such complaint. 
(7) If the attorney general of a State prevails in any 
civil action under paragraph (1), the State can recover 
reasonable costs and attorney fees from the lender or re-
lated party. 
(c) Section 129 of the Truth in Lending Act (15 
U.S.C. 1639) is amended by adding at the end the fol-
lowing:
369 
‘‘(m) CIVIL PENALTIES IN FEDERAL TRADE COM-
MISSION ENFORCEMENT ACTIONS.—For purposes of en-
forcement by the Federal Trade Commission, any violation 
of a regulation issued by the Federal Reserve Board pur-
suant to subsection (l)(2) of this section shall be treated 
as a violation of a rule promulgated under section 18 of 
the Federal Trade Commission Act (15 U.S.C. 57a) re-
garding unfair or deceptive acts or practices.’’. 
TITLE VII 
GENERAL PROVISIONS—GOVERNMENT-WIDE 
DEPARTMENTS, AGENCIES, AND CORPORATIONS 
SEC. 701. No department, agency, or instrumentality 
of the United States receiving appropriated funds under 
this or any other Act for fiscal year 2009 shall obligate 
or expend any such funds, unless such department, agen-
cy, or instrumentality has in place, and will continue to 
administer in good faith, a written policy designed to en-
sure that all of its workplaces are free from the illegal 
use, possession, or distribution of controlled substances 
(as defined in the Controlled Substances Act (21 U.S.C. 
802)) by the officers and employees of such department, 
agency, or instrumentality. 
SEC. 702. Unless otherwise specifically provided, the 
maximum amount allowable during the current fiscal year 
in accordance with section 16 of the Act of August 2, 1946
370 
(60 Stat. 810), for the purchase of any passenger motor 
vehicle (exclusive of buses, ambulances, law enforcement, 
and undercover surveillance vehicles), is hereby fixed at 
$13,197 except station wagons for which the maximum 
shall be $13,631: Provided, That these limits may be ex-
ceeded by not to exceed $3,700 for police-type vehicles, 
and by not to exceed $4,000 for special heavy-duty vehi-
cles: Provided further, That the limits set forth in this sec-
tion may not be exceeded by more than 5 percent for elec-
tric or hybrid vehicles purchased for demonstration under 
the provisions of the Electric and Hybrid Vehicle Re-
search, Development, and Demonstration Act of 1976: 
Provided further, That the limits set forth in this section 
may be exceeded by the incremental cost of clean alter-
native fuels vehicles acquired pursuant to Public Law 
101–549 over the cost of comparable conventionally fueled 
vehicles. 
SEC. 703. Appropriations of the executive depart-
ments and independent establishments for the current fis-
cal year available for expenses of travel, or for the ex-
penses of the activity concerned, are hereby made available 
for quarters allowances and cost-of-living allowances, in 
accordance with 5 U.S.C. 5922–5924. 
SEC. 704. Unless otherwise specified during the cur-
rent fiscal year, no part of any appropriation contained
371 
in this or any other Act shall be used to pay the compensa-
tion of any officer or employee of the Government of the 
United States (including any agency the majority of the 
stock of which is owned by the Government of the United 
States) whose post of duty is in the continental United 
States unless such person: (1) is a citizen of the United 
States; (2) is a person in the service of the United States 
on the date of the enactment of this Act who, being eligible 
for citizenship, has filed a declaration of intention to be-
come a citizen of the United States prior to such date and 
is actually residing in the United States; (3) is a person 
who owes allegiance to the United States; (4) is an alien 
from Cuba, Poland, South Vietnam, the countries of the 
former Soviet Union, or the Baltic countries lawfully ad-
mitted to the United States for permanent residence; (5) 
is a South Vietnamese, Cambodian, or Laotian refugee pa-
roled in the United States after January 1, 1975; or (6) 
is a national of the People’s Republic of China who quali-
fies for adjustment of status pursuant to the Chinese Stu-
dent Protection Act of 1992 (Public Law 102–404): Pro-
vided, That for the purpose of this section, an affidavit 
signed by any such person shall be considered prima facie 
evidence that the requirements of this section with respect 
to his or her status have been complied with: Provided fur-
ther, That any person making a false affidavit shall be
372 
guilty of a felony, and, upon conviction, shall be fined no 
more than $4,000 or imprisoned for not more than 1 year, 
or both: Provided further, That the above penal clause 
shall be in addition to, and not in substitution for, any 
other provisions of existing law: Provided further, That 
any payment made to any officer or employee contrary to 
the provisions of this section shall be recoverable in action 
by the Federal Government. This section shall not apply 
to citizens of Ireland, Israel, or the Republic of the Phil-
ippines, or to nationals of those countries allied with the 
United States in a current defense effort, or to inter-
national broadcasters employed by the Broadcasting 
Board of Governors, or to temporary employment of trans-
lators, or to temporary employment in the field service 
(not to exceed 60 days) as a result of emergencies: Pro-
vided further, That this section does not apply to the em-
ployment as Wildland firefighters for not more than 120 
days of nonresident aliens employed by the Department 
of the Interior or the USDA Forest Service pursuant to 
an agreement with another country. 
SEC. 705. Appropriations available to any depart-
ment or agency during the current fiscal year for nec-
essary expenses, including maintenance or operating ex-
penses, shall also be available for payment to the General 
Services Administration for charges for space and services
373 
and those expenses of renovation and alteration of build-
ings and facilities which constitute public improvements 
performed in accordance with the Public Buildings Act of 
1959 (73 Stat. 479), the Public Buildings Amendments 
of 1972 (86 Stat. 216), or other applicable law. 
SEC. 706. In addition to funds provided in this or 
any other Act, all Federal agencies are authorized to re-
ceive and use funds resulting from the sale of materials, 
including Federal records disposed of pursuant to a 
records schedule recovered through recycling or waste pre-
vention programs. Such funds shall be available until ex-
pended for the following purposes: 
(1) Acquisition, waste reduction and prevention, 
and recycling programs as described in Executive 
Order No. 13423 (January 24, 2007), including any 
such programs adopted prior to the effective date of 
the Executive order. 
(2) Other Federal agency environmental man-
agement programs, including, but not limited to, the 
development and implementation of hazardous waste 
management and pollution prevention programs. 
(3) Other employee programs as authorized by 
law or as deemed appropriate by the head of the 
Federal agency.
374 
SEC. 707. Funds made available by this or any other 
Act for administrative expenses in the current fiscal year 
of the corporations and agencies subject to chapter 91 of 
title 31, United States Code, shall be available, in addition 
to objects for which such funds are otherwise available, 
for rent in the District of Columbia; services in accordance 
with 5 U.S.C. 3109; and the objects specified under this 
head, all the provisions of which shall be applicable to the 
expenditure of such funds unless otherwise specified in the 
Act by which they are made available: Provided, That in 
the event any functions budgeted as administrative ex-
penses are subsequently transferred to or paid from other 
funds, the limitations on administrative expenses shall be 
correspondingly reduced. 
SEC. 708. No part of any appropriation contained in 
this or any other Act shall be available for interagency 
financing of boards (except Federal Executive Boards), 
commissions, councils, committees, or similar groups 
(whether or not they are interagency entities) which do 
not have a prior and specific statutory approval to receive 
financial support from more than one agency or instru-
mentality. 
SEC. 709. None of the funds made available pursuant 
to the provisions of this Act shall be used to implement, 
administer, or enforce any regulation which has been dis-
375 
approved pursuant to a joint resolution duly adopted in 
accordance with the applicable law of the United States. 
SEC. 710. (a) Notwithstanding any other provision 
of law, and except as otherwise provided in this section, 
no part of any of the funds appropriated for fiscal year 
2009, by this or any other Act, may be used to pay any 
prevailing 
rate 
employee 
described 
in 
section 
5342(a)(2)(A) of title 5, United States Code— 
(1) during the period from the date of expira-
tion of the limitation imposed by the comparable sec-
tion for previous fiscal years until the normal effec-
tive date of the applicable wage survey adjustment 
that is to take effect in fiscal year 2009, in an 
amount that exceeds the rate payable for the appli-
cable grade and step of the applicable wage schedule 
in accordance with such section; and 
(2) during the period consisting of the remain-
der of fiscal year 2009, in an amount that exceeds, 
as a result of a wage survey adjustment, the rate 
payable under paragraph (1) by more than the sum 
of— 
(A) the percentage adjustment taking ef-
fect in fiscal year 2009 under section 5303 of 
title 5, United States Code, in the rates of pay 
under the General Schedule; and
376 
(B) the difference between the overall aver-
age percentage of the locality-based com-
parability payments taking effect in fiscal year 
2009 under section 5304 of such title (whether 
by adjustment or otherwise), and the overall av-
erage percentage of such payments which was 
effective in the previous fiscal year under such 
section. 
(b) Notwithstanding any other provision of law, no 
prevailing rate employee described in subparagraph (B) or 
(C) of section 5342(a)(2) of title 5, United States Code, 
and no employee covered by section 5348 of such title, 
may be paid during the periods for which subsection (a) 
is in effect at a rate that exceeds the rates that would 
be payable under subsection (a) were subsection (a) appli-
cable to such employee. 
(c) For the purposes of this section, the rates payable 
to an employee who is covered by this section and who 
is paid from a schedule not in existence on September 30, 
2008, shall be determined under regulations prescribed by 
the Office of Personnel Management. 
(d) Notwithstanding any other provision of law, rates 
of premium pay for employees subject to this section may 
not be changed from the rates in effect on September 30, 
2008, except to the extent determined by the Office of
377 
Personnel Management to be consistent with the purpose 
of this section. 
(e) This section shall apply with respect to pay for 
service performed after September 30, 2008. 
(f) For the purpose of administering any provision 
of law (including any rule or regulation that provides pre-
mium pay, retirement, life insurance, or any other em-
ployee benefit) that requires any deduction or contribu-
tion, or that imposes any requirement or limitation on the 
basis of a rate of salary or basic pay, the rate of salary 
or basic pay payable after the application of this section 
shall be treated as the rate of salary or basic pay. 
(g) Nothing in this section shall be considered to per-
mit or require the payment to any employee covered by 
this section at a rate in excess of the rate that would be 
payable were this section not in effect. 
(h) The Office of Personnel Management may provide 
for exceptions to the limitations imposed by this section 
if the Office determines that such exceptions are necessary 
to ensure the recruitment or retention of qualified employ-
ees. 
SEC. 711. During the period in which the head of 
any department or agency, or any other officer or civilian 
employee of the Federal Government appointed by the 
President of the United States, holds office, no funds may
378 
be obligated or expended in excess of $5,000 to furnish 
or redecorate the office of such department head, agency 
head, officer, or employee, or to purchase furniture or 
make improvements for any such office, unless advance 
notice of such furnishing or redecoration is transmitted 
to the Committees on Appropriations of the House of Rep-
resentatives and the Senate. For the purposes of this sec-
tion, the term ‘‘office’’ shall include the entire suite of of-
fices assigned to the individual, as well as any other space 
used primarily by the individual or the use of which is 
directly controlled by the individual. 
SEC. 712. Notwithstanding section 1346 of title 31, 
United States Code, or section 708 of this Act, funds 
made available for the current fiscal year by this or any 
other Act shall be available for the interagency funding 
of national security and emergency preparedness tele-
communications initiatives which benefit multiple Federal 
departments, agencies, or entities, as provided by Execu-
tive Order No. 12472 (April 3, 1984). 
SEC. 713. (a) None of the funds appropriated by this 
or any other Act may be obligated or expended by any 
Federal department, agency, or other instrumentality for 
the salaries or expenses of any employee appointed to a 
position of a confidential or policy-determining character 
excepted from the competitive service pursuant to section
379 
3302 of title 5, United States Code, without a certification 
to the Office of Personnel Management from the head of 
the Federal department, agency, or other instrumentality 
employing the Schedule C appointee that the Schedule C 
position was not created solely or primarily in order to 
detail the employee to the White House. 
(b) The provisions of this section shall not apply to 
Federal employees or members of the armed forces de-
tailed to or from— 
(1) the Central Intelligence Agency; 
(2) the National Security Agency; 
(3) the Defense Intelligence Agency; 
(4) the National Geospatial-Intelligence Agency; 
(5) the offices within the Department of De-
fense for the collection of specialized national foreign 
intelligence through reconnaissance programs; 
(6) the Bureau of Intelligence and Research of 
the Department of State; 
(7) any agency, office, or unit of the Army, 
Navy, Air Force, and Marine Corps, the Department 
of Homeland Security, the Federal Bureau of Inves-
tigation and the Drug Enforcement Administration 
of the Department of Justice, the Department of 
Transportation, the Department of the Treasury,
380 
and the Department of Energy performing intel-
ligence functions; and 
(8) the Director of National Intelligence or the 
Office of the Director of National Intelligence. 
SEC. 714. No part of any appropriation contained in 
this or any other Act shall be available for the payment 
of the salary of any officer or employee of the Federal 
Government, who— 
(1) prohibits or prevents, or attempts or threat-
ens to prohibit or prevent, any other officer or em-
ployee of the Federal Government from having any 
direct oral or written communication or contact with 
any Member, committee, or subcommittee of the 
Congress in connection with any matter pertaining 
to the employment of such other officer or employee 
or pertaining to the department or agency of such 
other officer or employee in any way, irrespective of 
whether such communication or contact is at the ini-
tiative of such other officer or employee or in re-
sponse to the request or inquiry of such Member, 
committee, or subcommittee; or 
(2) removes, suspends from duty without pay, 
demotes, reduces in rank, seniority, status, pay, or 
performance or efficiency rating, denies promotion 
to, relocates, reassigns, transfers, disciplines, or dis-
381 
criminates in regard to any employment right, enti-
tlement, or benefit, or any term or condition of em-
ployment of, any other officer or employee of the 
Federal Government, or attempts or threatens to 
commit any of the foregoing actions with respect to 
such other officer or employee, by reason of any 
communication or contact of such other officer or 
employee with any Member, committee, or sub-
committee of the Congress as described in paragraph 
(1). 
SEC. 715. (a) None of the funds made available in 
this or any other Act may be obligated or expended for 
any employee training that— 
(1) does not meet identified needs for knowl-
edge, skills, and abilities bearing directly upon the 
performance of official duties; 
(2) contains elements likely to induce high lev-
els of emotional response or psychological stress in 
some participants; 
(3) does not require prior employee notification 
of the content and methods to be used in the train-
ing and written end of course evaluation; 
(4) contains any methods or content associated 
with religious or quasi-religious belief systems or 
‘‘new age’’ belief systems as defined in Equal Em-
382 
ployment 
Opportunity 
Commission 
Notice 
N– 
915.022, dated September 2, 1988; or 
(5) is offensive to, or designed to change, par-
ticipants’ personal values or lifestyle outside the 
workplace. 
(b) Nothing in this section shall prohibit, restrict, or 
otherwise preclude an agency from conducting training 
bearing directly upon the performance of official duties. 
SEC. 716. No funds appropriated in this or any other 
Act may be used to implement or enforce the agreements 
in Standard Forms 312 and 4414 of the Government or 
any other nondisclosure policy, form, or agreement if such 
policy, form, or agreement does not contain the following 
provisions: ‘‘These restrictions are consistent with and do 
not supersede, conflict with, or otherwise alter the em-
ployee obligations, rights, or liabilities created by Execu-
tive Order No. 12958; section 7211 of title 5, United 
States Code (governing disclosures to Congress); section 
1034 of title 10, United States Code, as amended by the 
Military Whistleblower Protection Act (governing disclo-
sure to Congress by members of the military); section 
2302(b)(8) of title 5, United States Code, as amended by 
the Whistleblower Protection Act of 1989 (governing dis-
closures of illegality, waste, fraud, abuse or public health 
or safety threats); the Intelligence Identities Protection
383 
Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures 
that could expose confidential Government agents); and 
the statutes which protect against disclosure that may 
compromise the national security, including sections 641, 
793, 794, 798, and 952 of title 18, United States Code, 
and section 4(b) of the Subversive Activities Act of 1950 
(50 U.S.C. 783(b)). The definitions, requirements, obliga-
tions, rights, sanctions, and liabilities created by said Ex-
ecutive order and listed statutes are incorporated into this 
agreement and are controlling.’’: Provided, That notwith-
standing the preceding paragraph, a nondisclosure policy 
form or agreement that is to be executed by a person con-
nected with the conduct of an intelligence or intelligence- 
related activity, other than an employee or officer of the 
United States Government, may contain provisions appro-
priate to the particular activity for which such document 
is to be used. Such form or agreement shall, at a min-
imum, require that the person will not disclose any classi-
fied information received in the course of such activity un-
less specifically authorized to do so by the United States 
Government. Such nondisclosure forms shall also make it 
clear that they do not bar disclosures to Congress, or to 
an authorized official of an executive agency or the De-
partment of Justice, that are essential to reporting a sub-
stantial violation of law.
384 
SEC. 717. No part of any funds appropriated in this 
or any other Act shall be used by an agency of the execu-
tive branch, other than for normal and recognized execu-
tive-legislative relationships, for publicity or propaganda 
purposes, and for the preparation, distribution or use of 
any kit, pamphlet, booklet, publication, radio, television, 
or film presentation designed to support or defeat legisla-
tion pending before the Congress, except in presentation 
to the Congress itself. 
SEC. 718. None of the funds appropriated by this or 
any other Act may be used by an agency to provide a Fed-
eral employee’s home address to any labor organization 
except when the employee has authorized such disclosure 
or when such disclosure has been ordered by a court of 
competent jurisdiction. 
SEC. 719. None of the funds made available in this 
Act or any other Act may be used to provide any non- 
public information such as mailing or telephone lists to 
any person or any organization outside of the Federal 
Government without the approval of the Committees on 
Appropriations of the House of Representatives and the 
Senate. 
SEC. 720. No part of any appropriation contained in 
this or any other Act shall be used directly or indirectly, 
including by private contractor, for publicity or propa-
385 
ganda purposes within the United States not heretofor au-
thorized by the Congress. 
SEC. 721. (a) In this section, the term ‘‘agency’’— 
(1) means an Executive agency, as defined 
under section 105 of title 5, United States Code; 
(2) includes a military department, as defined 
under section 102 of such title, the Postal Service, 
and the Postal Regulatory Commission; and 
(3) shall not include the Government Account-
ability Office. 
(b) Unless authorized in accordance with law or regu-
lations to use such time for other purposes, an employee 
of an agency shall use official time in an honest effort 
to perform official duties. An employee not under a leave 
system, including a Presidential appointee exempted under 
section 6301(2) of title 5, United States Code, has an obli-
gation to expend an honest effort and a reasonable propor-
tion of such employee’s time in the performance of official 
duties. 
SEC. 722. Notwithstanding 31 U.S.C. 1346 and sec-
tion 708 of this Act, funds made available for the current 
fiscal year by this or any other Act to any department 
or agency, which is a member of the Federal Accounting 
Standards Advisory Board (FASAB), shall be available to
386 
finance an appropriate share of FASAB administrative 
costs. 
(TRANSFER OF FUNDS) 
SEC. 723. Notwithstanding 31 U.S.C. 1346 and sec-
tion 708 of this Act, the head of each Executive depart-
ment and agency is hereby authorized to transfer to or 
reimburse ‘‘General Services Administration, Government- 
wide Policy’’ with the approval of the Director of the Of-
fice of Management and Budget, funds made available for 
the current fiscal year by this or any other Act, including 
rebates from charge card and other contracts: Provided, 
That these funds shall be administered by the Adminis-
trator of General Services to support Government-wide fi-
nancial, information technology, procurement, and other 
management innovations, initiatives, and activities, as ap-
proved by the Director of the Office of Management and 
Budget, in consultation with the appropriate interagency 
groups designated by the Director (including the Presi-
dent’s Management Council for overall management im-
provement initiatives, the Chief Financial Officers Council 
for financial management initiatives, the Chief Informa-
tion Officers Council for information technology initia-
tives, the Chief Human Capital Officers Council for 
human capital initiatives, and the Chief Acquisition Offi-
cers Council for procurement initiatives): Provided further, 
That the total funds transferred or reimbursed shall not
387 
exceed $17,000,000: Provided further, That such transfers 
or reimbursements may only be made after 15 days fol-
lowing notification of the Committees on Appropriations 
by the Director of the Office of Management and Budget. 
SEC. 724. Notwithstanding any other provision of 
law, a woman may breastfeed her child at any location 
in a Federal building or on Federal property, if the woman 
and her child are otherwise authorized to be present at 
the location. 
SEC. 725. Notwithstanding section 1346 of title 31, 
United States Code, or section 708 of this Act, funds 
made available for the current fiscal year by this or any 
other Act shall be available for the interagency funding 
of specific projects, workshops, studies, and similar efforts 
to carry out the purposes of the National Science and 
Technology Council (authorized by Executive Order No. 
12881), which benefit multiple Federal departments, 
agencies, or entities: Provided, That the Office of Manage-
ment and Budget shall provide a report describing the 
budget of and resources connected with the National 
Science and Technology Council to the Committees on Ap-
propriations, the House Committee on Science and Tech-
nology, and the Senate Committee on Commerce, Science, 
and Transportation 90 days after enactment of this Act.
388 
SEC. 726. Any request for proposals, solicitation, 
grant application, form, notification, press release, or 
other publications involving the distribution of Federal 
funds shall indicate the agency providing the funds, the 
Catalog of Federal Domestic Assistance Number, as appli-
cable, and the amount provided: Provided, That this provi-
sion shall apply to direct payments, formula funds, and 
grants received by a State receiving Federal funds. 
SEC. 727. (a) PROHIBITION OF FEDERAL AGENCY 
MONITORING OF INDIVIDUALS’ INTERNET USE.—None of 
the funds made available in this or any other Act may 
be used by any Federal agency— 
(1) to collect, review, or create any aggregation 
of data, derived from any means, that includes any 
personally identifiable information relating to an in-
dividual’s access to or use of any Federal Govern-
ment Internet site of the agency; or 
(2) to enter into any agreement with a third 
party (including another government agency) to col-
lect, review, or obtain any aggregation of data, de-
rived from any means, that includes any personally 
identifiable information relating to an individual’s 
access to or use of any nongovernmental Internet 
site.
389 
(b) EXCEPTIONS.—The limitations established in 
subsection (a) shall not apply to— 
(1) any record of aggregate data that does not 
identify particular persons; 
(2) any voluntary submission of personally iden-
tifiable information; 
(3) any action taken for law enforcement, regu-
latory, or supervisory purposes, in accordance with 
applicable law; or 
(4) any action described in subsection (a)(1) 
that is a system security action taken by the oper-
ator of an Internet site and is necessarily incident 
to providing the Internet site services or to pro-
tecting the rights or property of the provider of the 
Internet site. 
(c) DEFINITIONS.—For the purposes of this section: 
(1) The term ‘‘regulatory’’ means agency ac-
tions to implement, interpret or enforce authorities 
provided in law. 
(2) The term ‘‘supervisory’’ means examina-
tions of the agency’s supervised institutions, includ-
ing assessing safety and soundness, overall financial 
condition, management practices and policies and 
compliance with applicable standards as provided in 
law.
390 
SEC. 728. (a) None of the funds appropriated by this 
Act may be used to enter into or renew a contract which 
includes a provision providing prescription drug coverage, 
except where the contract also includes a provision for con-
traceptive coverage. 
(b) Nothing in this section shall apply to a contract 
with— 
(1) any of the following religious plans: 
(A) Personal Care’s HMO; and 
(B) OSF HealthPlans, Inc.; and 
(2) any existing or future plan, if the carrier 
for the plan objects to such coverage on the basis of 
religious beliefs. 
(c) In implementing this section, any plan that enters 
into or renews a contract under this section may not sub-
ject any individual to discrimination on the basis that the 
individual refuses to prescribe or otherwise provide for 
contraceptives because such activities would be contrary 
to the individual’s religious beliefs or moral convictions. 
(d) Nothing in this section shall be construed to re-
quire coverage of abortion or abortion-related services. 
SEC. 729. The Congress of the United States recog-
nizes the United States Anti-Doping Agency (USADA) as 
the official anti-doping agency for Olympic, Pan Amer-
ican, and Paralympic sport in the United States.
391 
SEC. 730. Notwithstanding any other provision of 
law, funds appropriated for official travel by Federal de-
partments and agencies may be used by such departments 
and agencies, if consistent with Office of Management and 
Budget Circular A–126 regarding official travel for Gov-
ernment personnel, to participate in the fractional aircraft 
ownership pilot program. 
SEC. 731. Notwithstanding any other provision of 
law, none of the funds appropriated or made available 
under this Act or any other appropriations Act may be 
used to implement or enforce restrictions or limitations on 
the Coast Guard Congressional Fellowship Program, or to 
implement the proposed regulations of the Office of Per-
sonnel Management to add sections 300.311 through 
300.316 to part 300 of title 5 of the Code of Federal Reg-
ulations, published in the Federal Register, volume 68, 
number 174, on September 9, 2003 (relating to the detail 
of executive branch employees to the legislative branch). 
SEC. 732. Notwithstanding any other provision of 
law, no executive branch agency shall purchase, construct, 
and/or lease any additional facilities, except within or con-
tiguous to existing locations, to be used for the purpose 
of conducting Federal law enforcement training without 
the advance approval of the Committees on Appropria-
tions, except that the Federal Law Enforcement Training
392 
Center is authorized to obtain the temporary use of addi-
tional facilities by lease, contract, or other agreement for 
training which cannot be accommodated in existing Center 
facilities. 
SEC. 733. (a) For fiscal year 2009, no funds shall 
be available for transfers or reimbursements to the E-Gov-
ernment initiatives sponsored by the Office of Manage-
ment and Budget prior to 15 days following submission 
of a report to the Committees on Appropriations by the 
Director of the Office of Management and Budget and re-
ceipt of approval to transfer funds by the Committees on 
Appropriations of the House of Representatives and the 
Senate. 
(b) The report in (a) and other required justification 
materials shall include at a minimum— 
(1) a description of each initiative including but 
not limited to its objectives, benefits, development 
status, risks, cost effectiveness (including estimated 
net costs or savings to the government), and the es-
timated date of full operational capability; 
(2) the total development cost of each initiative 
by fiscal year including costs to date, the estimated 
costs to complete its development to full operational 
capability, and estimated annual operations and 
maintenance costs; and
393 
(3) the sources and distribution of funding by 
fiscal year and by agency and bureau for each initia-
tive including agency contributions to date and esti-
mated future contributions by agency. 
(c) No funds shall be available for obligation or ex-
penditure for new E-Government initiatives without the 
explicit approval of the Committees on Appropriations of 
the House of Representatives and the Senate. 
SEC. 734. Notwithstanding section 1346 of title 31, 
United States Code, and section 708 of this Act and any 
other provision of law, the head of each appropriate execu-
tive department and agency shall transfer to or reimburse 
the Federal Aviation Administration, upon the direction 
of the Director of the Office of Management and Budget, 
funds made available by this or any other Act for the pur-
poses described below, and shall submit budget requests 
for such purposes. These funds shall be administered by 
the Federal Aviation Administration, in consultation with 
the appropriate interagency groups designated by the Di-
rector and shall be used to ensure the uninterrupted, con-
tinuous operation of the Midway Atoll Airfield by the Fed-
eral Aviation Administration pursuant to an operational 
agreement with the Department of the Interior for the en-
tirety of fiscal year 2009 and any period thereafter that 
precedes the enactment of the Financial Services and Gen-
394 
eral Government Appropriations Act, 2010. The Director 
of the Office of Management and Budget shall mandate 
the necessary transfers after determining an equitable al-
location between the appropriate executive departments 
and agencies of the responsibility for funding the contin-
uous operation of the Midway Atoll Airfield based on, but 
not limited to, potential use, interest in maintaining avia-
tion safety, and applicability to governmental operations 
and agency mission. The total funds transferred or reim-
bursed shall not exceed $6,000,000 for any 12-month pe-
riod. Such sums shall be sufficient to ensure continued 
operation of the airfield throughout the period cited above. 
Funds shall be available for operation of the airfield or 
airfield-related capital upgrades. The Director of the Of-
fice of Management and Budget shall notify the Commit-
tees on Appropriations of such transfers or reimburse-
ments within 15 days of this Act. Such transfers or reim-
bursements shall begin within 30 days of enactment of this 
Act. 
SEC. 735. Section 739(a)(1) of division D of the Con-
solidated Appropriations Act, 2008 (Public Law 110–161; 
121 Stat. 2029) is amended by striking ‘‘more than 10’’. 
SEC. 736. Section 739 of division D of the Consoli-
dated Appropriations Act, 2008 (Public Law 110–161;
395 
121 Stat. 2030) is amended by striking subsection (b) and 
inserting the following: 
‘‘(b) GUIDELINES ON INSOURCING NEW AND CON-
TRACTED OUT FUNCTIONS.— 
‘‘(1) GUIDELINES REQUIRED.—(A) The heads 
of executive agencies subject to the Federal Activi-
ties Inventory Reform Act of 1998 (Public Law 
105–270; 31 U.S.C. 501 note) shall devise and im-
plement guidelines and procedures to ensure that 
consideration is given to using, on a regular basis, 
Federal employees to perform new functions and 
functions that are performed by contractors and 
could be performed by Federal employees. 
‘‘(B) The guidelines and procedures required 
under subparagraph (A) may not include any spe-
cific limitation or restriction on the number of func-
tions or activities that may be converted to perform-
ance by Federal employees. 
‘‘(2) SPECIAL
CONSIDERATION
FOR
CERTAIN 
FUNCTIONS.—The guidelines and procedures re-
quired under paragraph (1) shall provide for special 
consideration to be given to using Federal employees 
to perform any function that— 
‘‘(A) is performed by a contractor and—
396 
‘‘(i) has been performed by Federal 
employees at any time during the previous 
10 years; 
‘‘(ii) is a function closely associated 
with the performance of an inherently gov-
ernmental function; 
‘‘(iii) has been performed pursuant to 
a contract awarded on a non-competitive 
basis; or 
‘‘(iv) has been performed poorly, as 
determined by a contracting officer during 
the 5-year period preceding the date of 
such determination, because of excessive 
costs or inferior quality; or 
‘‘(B) is a new requirement, with particular 
emphasis given to a new requirement that is 
similar to a function previously performed by 
Federal employees or is a function closely asso-
ciated with the performance of an inherently 
governmental function. 
‘‘(3) EXCLUSION OF CERTAIN FUNCTIONS FROM 
COMPETITIONS.—The head of an executive agency 
may not conduct a public-private competition under 
Office of Management and Budget Circular A–76 or 
any other provision of law or regulation before—
397 
‘‘(A) in the case of a new agency function, 
assigning the performance of the function to 
Federal employees; 
‘‘(B) in the case of any agency function de-
scribed in paragraph (2), converting the func-
tion to performance by Federal employees; or 
‘‘(C) in the case of an agency function per-
formed by Federal employees, expanding the 
scope of the function. 
‘‘(4) DEADLINE.—(A) The head of each execu-
tive agency shall implement the guidelines and pro-
cedures required under this subsection by not later 
than 120 days after the date of the enactment of 
this subsection. 
‘‘(B) Not later than 210 days after the date of 
the enactment of this subsection, the Government 
Accountability Office shall submit a report on the 
implementation of this subsection to the Committees 
on Appropriations of the House of Representatives 
and the Senate, the Committee on Oversight and 
Government Reform of the House of Representa-
tives, and the Committee on Homeland Security and 
Governmental Affairs of the Senate. 
‘‘(5) DEFINITIONS.—In this subsection:
398 
‘‘(A) The term ‘inherently governmental 
functions’ has the meaning given such term in 
subpart 7.5 of part 7 of the Federal Acquisition 
Regulation. 
‘‘(B) The term ‘functions closely associated 
with inherently governmental functions’ means 
the functions described in section 7.503(d) of 
the Federal Acquisition Regulation. 
‘‘(6) APPLICABILITY.—This subsection shall not 
apply to the Department of Defense.’’. 
SEC. 737. None of the funds appropriated or other-
wise made available by this or any other Act may be used 
to begin or announce a study or public-private competition 
regarding the conversion to contractor performance of any 
function performed by Federal employees pursuant to Of-
fice of Management and Budget Circular A–76 or any 
other administrative regulation, directive, or policy. 
SEC. 738. (a) Section 142(a) of division A of the Con-
solidated Security, Disaster Assistance, and Continuing 
Appropriations Act, 2009 (Public Law 110–329; 122 Stat. 
3580) is amended by striking ‘‘Security.’’ and inserting 
‘‘Security and shall apply to civilian employees in the De-
partment of Defense who are represented by a labor orga-
nization as defined in section 7103(a)(4) of title 5, United 
States Code.’’.
399 
(b) The amendment made by subsection (a) shall take 
effect as if included in the enactment of the Consolidated 
Security, Disaster Assistance, and Continuing Appropria-
tions Act, 2009. 
SEC. 739. Unless otherwise authorized by existing 
law, none of the funds provided in this Act or any other 
Act may be used by an executive branch agency to produce 
any prepackaged news story intended for broadcast or dis-
tribution in the United States, unless the story includes 
a clear notification within the text or audio of the pre-
packaged news story that the prepackaged news story was 
prepared or funded by that executive branch agency. 
SEC. 740. None of the funds made available in this 
Act may be used in contravention of section 552a of title 
5, United States Code (popularly known as the Privacy 
Act) and regulations implementing that section. 
SEC. 741. Each executive department and agency 
shall evaluate the creditworthiness of an individual before 
issuing the individual a government travel charge card. 
Such evaluations for individually-billed travel charge cards 
shall include an assessment of the individual’s consumer 
report from a consumer reporting agency as those terms 
are defined in section 603 of the Fair Credit Reporting 
Act (Public Law 91–508): Provided, That the department 
or agency may not issue a government travel charge card
400 
to an individual that either lacks a credit history or is 
found to have an unsatisfactory credit history as a result 
of this evaluation: Provided further, That this restriction 
shall not preclude issuance of a restricted-use charge, 
debit, or stored value card made in accordance with agency 
procedures to: (1) an individual with an unsatisfactory 
credit history where such card is used to pay travel ex-
penses and the agency determines there is no suitable al-
ternative payment mechanism available before issuing the 
card; or (2) an individual who lacks a credit history. Each 
executive department and agency shall establish guidelines 
and procedures for disciplinary actions to be taken against 
agency personnel for improper, fraudulent, or abusive use 
of government charge cards, which shall include appro-
priate disciplinary actions for use of charge cards for pur-
poses, and at establishments, that are inconsistent with 
the official business of the Department or agency or with 
applicable standards of conduct. 
SEC. 742. CROSSCUT BUDGET. (a) DEFINITIONS.— 
For purposes of this section the following definitions 
apply: 
(1) GREAT LAKES.—The terms ‘‘Great Lakes’’ 
and ‘‘Great Lakes State’’ have the same meanings 
as such terms have in section 506 of the Water Re-
401 
sources Development Act of 2000 (42 U.S.C. 
1962d–22). 
(2) GREAT LAKES RESTORATION ACTIVITIES.— 
The term ‘‘Great Lakes restoration activities’’ 
means any Federal or State activity primarily or en-
tirely within the Great Lakes watershed that seeks 
to improve the overall health of the Great Lakes eco-
system. 
(b) REPORT.—Not later than 45 days after submis-
sion of the budget of the President to Congress, the Direc-
tor of the Office of Management and Budget, in coordina-
tion with the Governor of each Great Lakes State and the 
Great Lakes Interagency Task Force, shall submit to the 
appropriate authorizing and appropriating committees of 
the Senate and the House of Representatives a financial 
report, certified by the Secretary of each agency that has 
budget authority for Great Lakes restoration activities, 
containing— 
(1) an interagency budget crosscut report 
that— 
(A) displays the budget proposed, including 
any planned interagency or intra-agency trans-
fer, for each of the Federal agencies that car-
ries out Great Lakes restoration activities in 
the upcoming fiscal year, separately reporting
402 
the amount of funding to be provided under ex-
isting laws pertaining to the Great Lakes eco-
system; and 
(B) identifies all expenditures since fiscal 
year 2004 by the Federal Government and 
State governments for Great Lakes restoration 
activities; 
(2) a detailed accounting of all funds received 
and obligated by all Federal agencies and, to the ex-
tent available, State agencies using Federal funds, 
for Great Lakes restoration activities during the cur-
rent and previous fiscal years; 
(3) a budget for the proposed projects (includ-
ing a description of the project, authorization level, 
and project status) to be carried out in the upcom-
ing fiscal year with the Federal portion of funds for 
activities; and 
(4) a listing of all projects to be undertaken in 
the upcoming fiscal year with the Federal portion of 
funds for activities. 
SEC. 743. (a) IN GENERAL.—None of the funds ap-
propriated or otherwise made available by this or any 
other Act may be used for any Federal Government con-
tract with any foreign incorporated entity which is treated 
as an inverted domestic corporation under section 835(b)
403 
of the Homeland Security Act of 2002 (6 U.S.C. 395(b)) 
or any subsidiary of such an entity. 
(b) WAIVERS.— 
(1) IN GENERAL.—Any Secretary shall waive 
subsection (a) with respect to any Federal Govern-
ment contract under the authority of such Secretary 
if the Secretary determines that the waiver is re-
quired in the interest of national security. 
(2) REPORT
TO
CONGRESS.—Any Secretary 
issuing a waiver under paragraph (1) shall report 
such issuance to Congress. 
(c) EXCEPTION.—This section shall not apply to any 
Federal Government contract entered into before the date 
of the enactment of this Act, or to any task order issued 
pursuant to such contract. 
SEC. 744. (a) Each executive department and agency 
shall establish and maintain on the homepage of its 
website, an obvious, direct link to the website of its respec-
tive Inspector General. 
(b) Each Office of Inspector General shall: (1) post 
on its website any public report or audit or portion of any 
report or audit issued within one day of its release; (2) 
provide a service on its website to allow an individual to 
request automatic receipt of information relating to any 
public report or audit or portion of that report or audit
404 
and which permits electronic transmittal of the informa-
tion, or notice of the availability of the information with-
out further request; and (3) establish and maintain a di-
rect link on its website for individuals to anonymously re-
port waste, fraud and abuse. 
SEC. 745. None of the funds made available by this 
or any other Act may be used to implement, administer, 
enforce, or apply the rule entitled ‘‘Competitive Area’’ 
published by the Office of Personnel Management in the 
Federal Register on April 15, 2008 (73 Fed. Reg. 20180 
et seq.). 
SEC. 746. None of the funds made available by this 
or any other Act may be used to implement, administer, 
or enforce section 5(b) of Executive Order 13422 (72 Fed. 
Reg. 2763; relating to Regulatory Policy Officer). 
SEC. 747. No later than 120 days after enactment 
of this Act, the Office of Management and Budget shall 
submit a status report on the pilot program, established 
under section 748 of division D of Public Law 110–161, 
to develop and implement an inventory to track the cost 
and size (in contractor manpower equivalents) of service 
contracts, particularly with respect to contracts that have 
been performed poorly by a contractor because of excessive 
costs or inferior quality, as determined by a contracting
405 
officer within the last 5 years, involve inherently govern-
mental functions, or were undertaken without competition. 
SEC. 748. Executive Order 13423 (72 Fed. Reg. 
3919; Jan. 24, 2007) shall remain in effect hereafter ex-
cept as otherwise provided by law after the date of the 
enactment of this Act. 
SEC. 749. Effective January 20, 2009, and for each 
fiscal year thereafter, no part of any appropriation con-
tained in this or any other Act may be used for the pay-
ment of services to any individual carrying out the respon-
sibilities of any position requiring Senate advice and con-
sent in an acting or temporary capacity after the second 
submission of a nomination for that individual to that po-
sition has been withdrawn or returned to the President. 
SEC. 750. Except as expressly provided otherwise, 
any reference to ‘‘this Act’’ contained in any title other 
than title IV or VIII shall not apply to such title IV or 
VIII. 
SEC. 751. NONREDUCTION IN PAY WHILE FEDERAL 
EMPLOYEE
IS PERFORMING ACTIVE SERVICE
IN
THE 
UNIFORMED SERVICES
OR NATIONAL GUARD. (a) IN 
GENERAL.—Subchapter IV of chapter 55 of title 5, 
United States Code, is amended by adding at the end the 
following:
406 
‘‘§ 5538. Nonreduction in pay while serving in the 
uniformed services or National Guard 
‘‘(a) An employee who is absent from a position of 
employment with the Federal Government in order to per-
form active duty in the uniformed services pursuant to a 
call or order to active duty under a provision of law re-
ferred to in section 101(a)(13)(B) of title 10 shall be enti-
tled, while serving on active duty, to receive, for each pay 
period described in subsection (b), an amount equal to the 
amount by which— 
‘‘(1) the amount of basic pay which would oth-
erwise have been payable to such employee for such 
pay period if such employee’s civilian employment 
with the Government had not been interrupted by 
that service, exceeds (if at all) 
‘‘(2) the amount of pay and allowances which 
(as determined under subsection (d))— 
‘‘(A) is payable to such employee for that 
service; and 
‘‘(B) is allocable to such pay period. 
‘‘(b)(1) Amounts under this section shall be payable 
with respect to each pay period (which would otherwise 
apply if the employee’s civilian employment had not been 
interrupted)— 
‘‘(A) during which such employee is entitled to 
reemployment rights under chapter 43 of title 38
407 
with respect to the position from which such em-
ployee is absent (as referred to in subsection (a)); 
and 
‘‘(B) for which such employee does not other-
wise receive basic pay (including by taking any an-
nual, military, or other paid leave) to which such 
employee is entitled by virtue of such employee’s ci-
vilian employment with the Government. 
‘‘(2) For purposes of this section, the period during 
which an employee is entitled to reemployment rights 
under chapter 43 of title 38— 
‘‘(A) shall be determined disregarding the provi-
sions of section 4312(d) of title 38; and 
‘‘(B) shall include any period of time specified 
in section 4312(e) of title 38 within which an em-
ployee may report or apply for employment or reem-
ployment following completion of service on active 
duty to which called or ordered as described in sub-
section (a). 
‘‘(c) Any amount payable under this section to an em-
ployee shall be paid— 
‘‘(1) by such employee’s employing agency; 
‘‘(2) from the appropriation or fund which 
would be used to pay the employee if such employee 
were in a pay status; and
408 
‘‘(3) to the extent practicable, at the same time 
and in the same manner as would basic pay if such 
employee’s civilian employment had not been inter-
rupted. 
‘‘(d) The Office of Personnel Management shall, in 
consultation with Secretary of Defense, prescribe any reg-
ulations necessary to carry out the preceding provisions 
of this section. 
‘‘(e)(1) The head of each agency referred to in section 
2302(a)(2)(C)(ii) shall, in consultation with the Office, 
prescribe procedures to ensure that the rights under this 
section apply to the employees of such agency. 
‘‘(2) The Administrator of the Federal Aviation Ad-
ministration shall, in consultation with the Office, pre-
scribe procedures to ensure that the rights under this sec-
tion apply to the employees of that agency. 
‘‘(f) For purposes of this section— 
‘‘(1) the terms ‘employee’, ‘Federal Govern-
ment’, and ‘uniformed services’ have the same re-
spective meanings as given those terms in section 
4303 of title 38; 
‘‘(2) the term ‘employing agency’, as used with 
respect to an employee entitled to any payments 
under this section, means the agency or other entity 
of the Government (including an agency referred to
409 
in section 2302(a)(2)(C)(ii)) with respect to which 
such employee has reemployment rights under chap-
ter 43 of title 38; and 
‘‘(3) the term ‘basic pay’ includes any amount 
payable under section 5304.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for chapter 55 of title 5, United 
States Code, is amended by inserting after the item relat-
ing to section 5537 the following: 
‘‘5538. Nonreduction in pay while serving in the uniformed services or National 
Guard.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to pay periods (as de-
scribed in section 5538(b) of title 5, United States Code, 
as amended by this section) beginning on or after the date 
of enactment of this Act. 
SEC. 752. Not later than 120 days after enactment 
of this Act, each executive department and agency shall 
submit to the Director of the Office of Management and 
Budget a report stating the total size of its workforce, dif-
ferentiated by number of civilian, military, and contract 
workers as of December 31, 2008. Not later than 180 days 
after enactment of this Act, the Director of the Office of 
Management and Budget shall submit to the Committee 
a comprehensive statement delineating the workforce data
410 
by individual department and agency, as well as aggregate 
totals of civilian, military, and contract workers. 
TITLE VIII 
GENERAL PROVISIONS—DISTRICT OF 
COLUMBIA 
SEC. 801. Whenever in this Act, an amount is speci-
fied within an appropriation for particular purposes or ob-
jects of expenditure, such amount, unless otherwise speci-
fied, shall be considered as the maximum amount that 
may be expended for said purpose or object rather than 
an amount set apart exclusively therefor. 
SEC. 802. Appropriations in this Act shall be avail-
able for expenses of travel and for the payment of dues 
of organizations concerned with the work of the District 
of Columbia government, when authorized by the Mayor, 
or, in the case of the Council of the District of Columbia, 
funds may be expended with the authorization of the 
Chairman of the Council. 
SEC. 803. There are appropriated from the applicable 
funds of the District of Columbia such sums as may be 
necessary for making refunds and for the payment of legal 
settlements or judgments that have been entered against 
the District of Columbia government. 
SEC. 804. (a) None of the Federal funds provided in 
this Act shall be used for publicity or propaganda purposes
411 
or implementation of any policy including boycott designed 
to support or defeat legislation pending before Congress 
or any State legislature. 
(b) The District of Columbia may use local funds pro-
vided in this title to carry out lobbying activities on any 
matter. 
SEC. 805. (a) None of the funds provided under this 
Act to the agencies funded by this Act, both Federal and 
District government agencies, that remain available for 
obligation or expenditure in fiscal year 2009, or provided 
from any accounts in the Treasury of the United States 
derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or ex-
penditures for an agency through a reprogramming of 
funds which— 
(1) creates new programs; 
(2) eliminates a program, project, or responsi-
bility center; 
(3) establishes or changes allocations specifi-
cally denied, limited or increased under this Act; 
(4) increases funds or personnel by any means 
for any program, project, or responsibility center for 
which funds have been denied or restricted; 
(5) reestablishes any program or project pre-
viously deferred through reprogramming;
412 
(6) augments any existing program, project, or 
responsibility center through a reprogramming of 
funds in excess of $3,000,000 or 10 percent, which-
ever is less; or 
(7) increases by 20 percent or more personnel 
assigned to a specific program, project or responsi-
bility center, 
unless in the case of Federal funds, the Committees on 
Appropriations of the House of Representatives and the 
Senate are notified in writing 15 days in advance of the 
reprogramming and in the case of local funds, the Com-
mittees on Appropriations of the House of Representatives 
and the Senate are provided summary reports on April 
1, 2009 and October 1, 2009, setting forth detailed infor-
mation regarding each such local funds reprogramming 
conducted subject to this subsection. 
(b) None of the local funds contained in this Act may 
be available for obligation or expenditure for an agency 
through a transfer of any local funds in excess of 
$3,000,000 from one appropriation heading to another un-
less the Committees on Appropriations of the House of 
Representatives and the Senate are provided summary re-
ports on April 1, 2009 and October 1, 2009, setting forth 
detailed information regarding each reprogramming con-
ducted subject to this subsection.
413 
(c) The District of Columbia government is author-
ized to approve and execute reprogramming and transfer 
requests of local funds under this title through December 
1, 2009. 
SEC. 806. Consistent with the provisions of section 
1301(a) of title 31, United States Code, appropriations 
under this Act shall be applied only to the objects for 
which the appropriations were made except as otherwise 
provided by law. 
SEC. 807. None of the Federal funds made available 
in this Act may be used to implement or enforce the 
Health Care Benefits Expansion Act of 1992 (D.C. Law 
9–114; D.C. Official Code, sec. 32–701 et seq.) or to oth-
erwise implement or enforce any system of registration of 
unmarried, cohabiting couples, including but not limited 
to registration for the purpose of extending employment, 
health, or governmental benefits to such couples on the 
same basis that such benefits are extended to legally mar-
ried couples. 
SEC. 808. (a) Section 446B(f) of the District of Co-
lumbia Home Rule Act (sec. 1–204.46b(f), D.C. Official 
Code) is amended by striking ‘‘fiscal years 2006 through 
2008’’ and inserting ‘‘fiscal year 2006 and each suc-
ceeding fiscal year’’.
414 
(b) The amendment made by subsection (a) shall take 
effect as if included in the enactment of the 2005 District 
of Columbia Omnibus Authorization Act. 
SEC. 809. None of the Federal funds provided in this 
Act may be used by the District of Columbia to provide 
for salaries, expenses, or other costs associated with the 
offices of United States Senator or United States Rep-
resentative under section 4(d) of the District of Columbia 
Statehood Constitutional Convention Initiatives of 1979 
(D.C. Law 3–171; D.C. Official Code, sec. 1–123). 
SEC. 810. Except as otherwise provided in this sec-
tion, none of the funds made available by this Act or by 
any other Act may be used to provide any officer or em-
ployee of the District of Columbia with an official vehicle 
unless the officer or employee uses the vehicle only in the 
performance of the officer’s or employee’s official duties. 
For purposes of this section, the term ‘‘official duties’’ 
does not include travel between the officer’s or employee’s 
residence and workplace, except in the case of— 
(1) an officer or employee of the Metropolitan 
Police Department who resides in the District of Co-
lumbia or a District of Columbia government em-
ployee as may otherwise be designated by the Chief 
of the Department;
415 
(2) at the discretion of the Fire Chief, an offi-
cer or employee of the District of Columbia Fire and 
Emergency Medical Services Department who re-
sides in the District of Columbia and is on call 24 
hours a day or is otherwise designated by the Fire 
Chief; 
(3) at the discretion of the Director of the De-
partment of Corrections, an officer or employee of 
the District of Columbia Department of Corrections 
who resides in the District of Columbia and is on 
call 24 hours a day or is otherwise designated by the 
Director; 
(4) the Mayor of the District of Columbia; and 
(5) the Chairman of the Council of the District 
of Columbia. 
SEC. 811. (a) None of the Federal funds contained 
in this Act may be used by the District of Columbia Attor-
ney General or any other officer or entity of the District 
government to provide assistance for any petition drive or 
civil action which seeks to require Congress to provide for 
voting representation in Congress for the District of Co-
lumbia. 
(b) Nothing in this section bars the District of Co-
lumbia Attorney General from reviewing or commenting
416 
on briefs in private lawsuits, or from consulting with offi-
cials of the District government regarding such lawsuits. 
SEC. 812. None of the Federal funds contained in 
this Act may be used for any program of distributing ster-
ile needles or syringes for the hypodermic injection of any 
illegal drug. 
SEC. 813. Nothing in this Act may be construed to 
prevent the Council or Mayor of the District of Columbia 
from addressing the issue of the provision of contraceptive 
coverage by health insurance plans, but it is the intent 
of Congress that any legislation enacted on such issue 
should include a ‘‘conscience clause’’ which provides excep-
tions for religious beliefs and moral convictions. 
SEC. 814. (a) Notwithstanding section 615(i)(3)(B) 
of the Individuals With Disabilities Education Act (20 
U.S.C. 1415(i)(3)(B)), none of the funds contained in this 
Act or in any other Act making appropriations for the gov-
ernment of the District of Columbia for fiscal year 2009 
or any succeeding fiscal year may be made available— 
(1) to pay the fees of an attorney who rep-
resents a party in or defends an IDEA proceeding 
which was initiated prior to the date of the enact-
ment of this Act in an amount in excess of $4,000 
for that proceeding; or
417 
(2) to pay the fees of an attorney or firm who 
represents a party in or defends an IDEA pro-
ceeding if the Chief Financial Officer of the District 
of Columbia determines that the attorney or firm 
has a pecuniary interest (either directly or through 
an attorney, officer, or employee of the firm) in any 
special education diagnostic services or schools or 
other special education service providers. 
(b) In this section, the term ‘‘IDEA proceeding’’ 
means any action or administrative proceeding (including 
any ensuing or related proceedings before a court of com-
petent jurisdiction) brought against the District of Colum-
bia Public Schools under the Individuals with Disabilities 
Education Act (20 U.S.C. 1400 et seq.). 
SEC. 815. The Mayor of the District of Columbia 
shall submit to the Committees on Appropriations of the 
House of Representatives and the Senate, the Committee 
on Oversight and Government Reform of the House of 
Representatives, and the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate annual re-
ports addressing— 
(1) crime, including the homicide rate, imple-
mentation of community policing, the number of po-
lice officers on local beats, and the closing down of 
open-air drug markets;
418 
(2) access to substance and alcohol abuse treat-
ment, including the number of treatment slots, the 
number of people served, the number of people on 
waiting lists, and the effectiveness of treatment pro-
grams, the retention rates in treatment programs, 
and the recidivism/re-arrest rates for treatment par-
ticipants; 
(3) management of parolees and pre-trial vio-
lent offenders, including the number of halfway 
houses escapes and steps taken to improve moni-
toring and supervision of halfway house residents to 
reduce the number of escapes to be provided in con-
sultation with the Court Services and Offender Su-
pervision Agency for the District of Columbia; 
(4) education, including access to special edu-
cation services and student achievement to be pro-
vided in consultation with the District of Columbia 
Public Schools and the District of Columbia public 
charter schools, repeated grade rates, high school 
graduation rates, post-secondary education attend-
ance rates, and teen pregnancy rates; 
(5) improvement in basic District services, in-
cluding rat control and abatement; 
(6) application for and management of Federal 
grants, including the number and type of grants for
419 
which the District was eligible but failed to apply 
and the number and type of grants awarded to the 
District but for which the District failed to spend 
the amounts received; 
(7) indicators of child and family well-being in-
cluding child living arrangements by family struc-
ture, number of children aging out of foster care, 
poverty rates by family structure, crime by family 
structure, marriage rates by income quintile, and 
out-of-wedlock births; and 
(8) employment, including job status and par-
ticipation in assistance programs by income, edu-
cation and family structure. 
SEC. 816. Beginning in fiscal year 2009 and each fis-
cal year thereafter, the amount appropriated to the Dis-
trict of Columbia may be increased by no more than 
$100,000,000 from funds identified in the annual com-
prehensive annual financial report as the District’s imme-
diately preceding fiscal year’s unexpended general fund 
surplus. The District may obligate and expend these 
amounts only in accordance with the following conditions: 
(1) The Chief Financial Officer of the District 
of Columbia shall certify that the use of any such 
amounts is not anticipated to have a negative impact
420 
on the District’s long-term financial, fiscal, and eco-
nomic vitality. 
(2) The District of Columbia may only use 
these funds for the following expenditures: 
(A) One-time expenditures. 
(B) Expenditures to avoid deficit spending. 
(C) Debt Reduction. 
(D) Program needs. 
(E) Expenditures to avoid revenue short-
falls. 
(3) The amounts shall be obligated and ex-
pended in accordance with laws enacted by the 
Council in support of each such obligation or ex-
penditure. 
(4) The amounts may not be used to fund the 
agencies of the District of Columbia government 
under court ordered receivership. 
(5) The amounts may not be obligated or ex-
pended unless the Mayor notifies the Committees on 
Appropriations of the House of Representatives and 
the Senate not fewer than 30 days in advance of the 
obligation or expenditure. 
SEC. 817. (a) Beginning in fiscal year 2009 and each 
fiscal year thereafter, consistent with revenue collections,
421 
the amount appropriated as District of Columbia Funds 
may be increased— 
(1) by an aggregate amount of not more than 
25 percent, in the case of amounts proposed to be 
allocated as ‘‘Other-Type Funds’’ in the annual Pro-
posed Budget and Financial Plan submitted to Con-
gress by the District of Columbia; and 
(2) by an aggregate amount of not more than 
6 percent, in the case of any other amounts pro-
posed to be allocated in such Proposed Budget and 
Financial Plan. 
(b) The District of Columbia may obligate and ex-
pend any increase in the amount of funds authorized 
under this section only in accordance with the following 
conditions: 
(1) The Chief Financial Officer of the District 
of Columbia shall certify— 
(A) the increase in revenue; and 
(B) that the use of the amounts is not an-
ticipated to have a negative impact on the long- 
term financial, fiscal, or economic health of the 
District. 
(2) The amounts shall be obligated and ex-
pended in accordance with laws enacted by the 
Council of the District of Columbia in support of
422 
each such obligation and expenditure, consistent 
with the requirements of this Act. 
(3) The amounts may not be used to fund any 
agencies of the District government operating under 
court-ordered receivership. 
(4) The amounts may not be obligated or ex-
pended unless the Mayor has notified the Commit-
tees on Appropriations of the House of Representa-
tives and the Senate not fewer than 30 days in ad-
vance of the obligation or expenditure. 
SEC. 818. Beginning in fiscal year 2009 and each fis-
cal year thereafter, the Chief Financial Officer for the Dis-
trict of Columbia may, for the purpose of cash flow man-
agement, conduct short-term borrowing from the emer-
gency reserve fund and from the contingency reserve fund 
established under section 450A of the District of Columbia 
Home Rule Act (Public Law 93–198): Provided, That the 
amount borrowed shall not exceed 50 percent of the total 
amount of funds contained in both the emergency and con-
tingency reserve funds at the time of borrowing: Provided 
further, That the borrowing shall not deplete either fund 
by more than 50 percent: Provided further, That 100 per-
cent of the funds borrowed shall be replenished within 9 
months of the time of the borrowing or by the end of the 
fiscal year, whichever occurs earlier: Provided further,
423 
That in the event that short-term borrowing has been con-
ducted and the emergency or the contingency reserve 
funds are later depleted below 50 percent as a result of 
an emergency or contingency, an amount equal to the 
amount necessary to restore reserve levels to 50 percent 
of the total amount of funds contained in both the emer-
gency and contingency reserve fund must be replenished 
from the amount borrowed within 60 days. 
SEC. 819. (a) None of the funds contained in this 
Act may be used to enact or carry out any law, rule, or 
regulation to legalize or otherwise reduce penalties associ-
ated with the possession, use, or distribution of any sched-
ule I substance under the Controlled Substances Act (21 
U.S.C. 801 et seq.) or any tetrahydrocannabinols deriva-
tive. 
(b) The Legalization of Marijuana for Medical Treat-
ment Initiative of 1998, also known as Initiative 59, ap-
proved by the electors of the District of Columbia on No-
vember 3, 1998, shall not take effect. 
SEC. 820. None of the funds appropriated under this 
Act shall be expended for any abortion except where the 
life of the mother would be endangered if the fetus were 
carried to term or where the pregnancy is the result of 
an act of rape or incest.
424 
SEC. 821. Amounts appropriated in this Act as oper-
ating funds may be transferred to the District of Colum-
bia’s enterprise and capital funds and such amounts, once 
transferred shall retain appropriation authority consistent 
with the provisions of this Act. 
SEC. 822. (a) INCREASE IN THE HOURLY RATE FOR 
ATTORNEYS REPRESENTING INDIGENT DEFENDANTS IN 
THE DISTRICT
OF COLUMBIA COURTS.—Section 11– 
2604(a), District of Columbia Official Code, is amended 
by striking ‘‘$80 per hour’’ and inserting ‘‘$90 per hour’’. 
(b) SPECIAL RULE FOR COMPENSATION OF ATTOR-
NEYS
IN NEGLECT
AND TERMINATION
OF PARENTAL 
RIGHTS PROCEEDINGS.—Section 16–2326.01(b), District 
of Columbia Official Code, is amended— 
(1) in paragraph (1), by striking ‘‘$1,760’’ and 
inserting ‘‘$1,980’’; 
(2) in paragraph (2), by striking ‘‘$1,760’’ and 
inserting ‘‘$1,980’’; 
(3) in paragraph (3), by striking ‘‘$2,400’’ and 
inserting ‘‘$2,700’’; and 
(4) in paragraph (4), by striking ‘‘$1,200’’ and 
inserting ‘‘$1,350’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to cases and pro-
425 
ceedings initiated on or after the date of enactment of this 
Act. 
SEC. 823. Section 2 of the Act entitled ‘‘An Act Rel-
ative to the control of wharf property and certain public 
spaces in the District of Columbia’’, approved March 3, 
1899 (sec. 10–501.02(a), D.C. Official Code) is amended 
by striking the last sentence. 
SEC. 824. Except as expressly provided otherwise, 
any reference to ‘‘this Act’’ contained in this title or in 
title IV shall be treated as referring only to the provisions 
of this title or of title IV. 
This division may be cited as the ‘‘Financial Services 
and General Government Appropriations Act, 2009’’. 
DIVISION E—DEPARTMENT OF THE INTERIOR, 
ENVIRONMENT, AND RELATED AGENCIES 
APPROPRIATIONS ACT, 2009 
TITLE I 
DEPARTMENT OF THE INTERIOR 
BUREAU OF LAND MANAGEMENT 
MANAGEMENT OF LANDS AND RESOURCES 
For necessary expenses for protection, use, improve-
ment, development, disposal, cadastral surveying, classi-
fication, acquisition of easements and other interests in 
lands, and performance of other functions, including main-
tenance of facilities, as authorized by law, in the manage-
426 
ment of lands and their resources under the jurisdiction 
of the Bureau of Land Management, including the general 
administration of the Bureau, and assessment of mineral 
potential of public lands pursuant to Public Law 96–487 
(16 U.S.C. 3150(a)), $890,194,000, to remain available 
until expended, of which not to exceed $79,478,000 is 
available for oil and gas management; and of which 
$1,500,000 is for high priority projects, to be carried out 
by the Youth Conservation Corps; and of which 
$3,000,000 shall be available in fiscal year 2009 subject 
to a match by at least an equal amount by the National 
Fish and Wildlife Foundation for cost-shared projects sup-
porting conservation of Bureau lands; and such funds 
shall be advanced to the Foundation as a lump sum grant 
without regard to when expenses are incurred. 
In addition, $36,400,000 is for the processing of ap-
plications for permit to drill and related use authoriza-
tions, to remain available until expended, to be reduced 
by amounts collected by the Bureau and credited to this 
appropriation that shall be derived from $4,000 per new 
application for permit to drill that the Bureau shall collect 
upon submission of each new application, and in addition, 
$34,696,000 is for Mining Law Administration program 
operations, including the cost of administering the mining 
claim fee program; to remain available until expended, to
427 
be reduced by amounts collected by the Bureau and cred-
ited to this appropriation from annual mining claim fees 
so as to result in a final appropriation estimated at not 
more than $890,194,000, and $2,000,000, to remain 
available until expended, from communication site rental 
fees established by the Bureau for the cost of admin-
istering communication site activities. 
CONSTRUCTION 
For construction of buildings, recreation facilities, 
roads, trails, and appurtenant facilities, $6,590,000, to re-
main available until expended. 
LAND ACQUISITION 
For expenses necessary to carry out sections 205, 
206, and 318(d) of Public Law 94–579, including admin-
istrative expenses and acquisition of lands or waters, or 
interests therein, $14,775,000, to be derived from the 
Land and Water Conservation Fund and to remain avail-
able until expended. 
OREGON AND CALIFORNIA GRANT LANDS 
For expenses necessary for management, protection, 
and development of resources and for construction, oper-
ation, and maintenance of access roads, reforestation, and 
other improvements on the revested Oregon and California 
Railroad grant lands, on other Federal lands in the Or-
egon and California land-grant counties of Oregon, and 
on adjacent rights-of-way; and acquisition of lands or in-
428 
terests therein, including existing connecting roads on or 
adjacent to such grant lands; $109,949,000, to remain 
available until expended: Provided, That 25 percent of the 
aggregate of all receipts during the current fiscal year 
from the revested Oregon and California Railroad grant 
lands is hereby made a charge against the Oregon and 
California land-grant fund and shall be transferred to the 
General Fund in the Treasury in accordance with the sec-
ond paragraph of subsection (b) of title II of the Act of 
August 28, 1937 (50 Stat. 876). 
FOREST ECOSYSTEM HEALTH AND RECOVERY FUND 
(REVOLVING FUND, SPECIAL ACCOUNT) 
In addition to the purposes authorized in Public Law 
102–381, funds made available in the Forest Ecosystem 
Health and Recovery Fund can be used for the purpose 
of planning, preparing, implementing and monitoring sal-
vage timber sales and forest ecosystem health and recovery 
activities, such as release from competing vegetation and 
density control treatments. The Federal share of receipts 
(defined as the portion of salvage timber receipts not paid 
to the counties under 43 U.S.C. 1181f and 43 U.S.C. 
1181f–1 et seq., and Public Law 106–393) derived from 
treatments funded by this account shall be deposited into 
the Forest Ecosystem Health and Recovery Fund.
429 
RANGE IMPROVEMENTS 
For rehabilitation, protection, and acquisition of 
lands and interests therein, and improvement of Federal 
rangelands pursuant to section 401 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1701), 
notwithstanding any other Act, sums equal to 50 percent 
of all moneys received during the prior fiscal year under 
sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 
315 et seq.) and the amount designated for range improve-
ments from grazing fees and mineral leasing receipts from 
Bankhead-Jones lands transferred to the Department of 
the Interior pursuant to law, but not less than 
$10,000,000, to remain available until expended: Pro-
vided, That not to exceed $600,000 shall be available for 
administrative expenses. 
SERVICE CHARGES, DEPOSITS, AND FORFEITURES 
For administrative expenses and other costs related 
to processing application documents and other authoriza-
tions for use and disposal of public lands and resources, 
for costs of providing copies of official public land docu-
ments, for monitoring construction, operation, and termi-
nation of facilities in conjunction with use authorizations, 
and for rehabilitation of damaged property, such amounts 
as may be collected under Public Law 94–579, as amend-
ed, and Public Law 93–153, to remain available until ex-
pended: Provided, That, notwithstanding any provision to
430 
the contrary of section 305(a) of Public Law 94–579 (43 
U.S.C. 1735(a)), any moneys that have been or will be 
received pursuant to that section, whether as a result of 
forfeiture, compromise, or settlement, if not appropriate 
for refund pursuant to section 305(c) of that Act (43 
U.S.C. 1735(c)), shall be available and may be expended 
under the authority of this Act by the Secretary to im-
prove, protect, or rehabilitate any public lands adminis-
tered through the Bureau of Land Management which 
have been damaged by the action of a resource developer, 
purchaser, permittee, or any unauthorized person, without 
regard to whether all moneys collected from each such ac-
tion are used on the exact lands damaged which led to 
the action: Provided further, That any such moneys that 
are in excess of amounts needed to repair damage to the 
exact land for which funds were collected may be used to 
repair other damaged public lands. 
MISCELLANEOUS TRUST FUNDS 
In addition to amounts authorized to be expended 
under existing laws, there is hereby appropriated such 
amounts as may be contributed under section 307 of the 
Act of October 21, 1976 (43 U.S.C. 1701), and such 
amounts as may be advanced for administrative costs, sur-
veys, appraisals, and costs of making conveyances of omit-
ted lands under section 211(b) of that Act, to remain 
available until expended.
431 
PAYMENTS FROM PROCEEDS, SALE OF WATER 
(RESCISSION) 
The unobligated balances available under this head-
ing on the date of enactment of this Act are permanently 
rescinded. 
USE OF RECEIPTS FROM MINERAL LEASING ACTIVITIES 
ON CERTAIN NAVAL OIL SHALE RESERVES 
(RESCISSION) 
Of the unobligated balances available under this 
heading, $12,996,000 are permanently rescinded. 
ADMINISTRATIVE PROVISIONS 
Appropriations for the Bureau of Land Management 
(BLM) shall be available for purchase, erection, and dis-
mantlement of temporary structures, and alteration and 
maintenance of necessary buildings and appurtenant fa-
cilities to which the United States has title; up to 
$100,000 for payments, at the discretion of the Secretary, 
for information or evidence concerning violations of laws 
administered by the Bureau; miscellaneous and emergency 
expenses of enforcement activities authorized or approved 
by the Secretary and to be accounted for solely on the 
Secretary’s certificate, not to exceed $10,000: Provided, 
That notwithstanding 44 U.S.C. 501, the Bureau may, 
under cooperative cost-sharing and partnership arrange-
ments authorized by law, procure printing services from 
cooperators in connection with jointly produced publica-
432 
tions for which the cooperators share the cost of printing 
either in cash or in services, and the Bureau determines 
the cooperator is capable of meeting accepted quality 
standards: Provided further, That projects to be funded 
pursuant to a written commitment by a State government 
to provide an identified amount of money in support of 
the project may be carried out by the Bureau on a reim-
bursable basis. 
In fiscal year 2009 and each fiscal year thereafter, 
the Bureau of Land Management shall collect mining law 
administration fees; such fees shall be collected in the 
same manner as those authorized by 30 U.S.C. 28f and 
28g only to the extent provided in advance in appropria-
tions Acts. 
The provisions of law codified at sections 28f(a) and 
28g of title 30, United States Code, are amended to re-
move the modifications made under the heading ‘‘adminis-
trative provisions’’, under the heading ‘‘Bureau of Land 
Management’’ in title I of the Department of the Interior, 
Environment, and Related Agencies Appropriations Act, 
2008 (division F of Public Law 110–161; 121 Stat. 2101). 
Sums not to exceed 1 percent of the total value of 
procurements received by the Bureau of Land Manage-
ment from vendors under enterprise information tech-
nology-procurements that the Department of the Interior
433 
and other Federal Government agencies may use to order 
information technology hereafter may be deposited into 
the Management of Lands and Resources account to offset 
costs incurred in conducting the procurement. 
UNITED STATES FISH AND WILDLIFE SERVICE 
RESOURCE MANAGEMENT 
For necessary expenses of the United States Fish and 
Wildlife Service, as authorized by law, and for scientific 
and economic studies, maintenance of the herd of long- 
horned cattle on the Wichita Mountains Wildlife Refuge, 
general administration, and for the performance of other 
authorized functions related to such resources by direct 
expenditure, contracts, grants, cooperative agreements 
and reimbursable agreements with public and private enti-
ties, $1,140,962,000, to remain available until September 
30, 2010 except as otherwise provided herein: Provided, 
That $2,500,000 is for high priority projects, which shall 
be carried out by the Youth Conservation Corps: Provided 
further, That not to exceed $19,266,000 shall be used for 
implementing subsections (a), (b), (c), and (e) of section 
4 of the Endangered Species Act, as amended, for species 
that are indigenous to the United States (except for proc-
essing petitions, developing and issuing proposed and final 
regulations, and taking any other steps to implement ac-
tions described in subsection (c)(2)(A), (c)(2)(B)(i), or
434 
(c)(2)(B)(ii)), of which not to exceed $10,458,000 shall 
be used for any activity regarding the designation of crit-
ical habitat, pursuant to subsection (a)(3), excluding liti-
gation support, for species listed pursuant to subsection 
(a)(1) prior to October 1, 2008: Provided further, That 
of the amount available for law enforcement, up to 
$400,000, to remain available until expended, may at the 
discretion of the Secretary be used for payment for infor-
mation, rewards, or evidence concerning violations of laws 
administered by the Service, and miscellaneous and emer-
gency expenses of enforcement activity, authorized or ap-
proved by the Secretary and to be accounted for solely on 
the Secretary’s certificate: Provided further, That of the 
amount provided for environmental contaminants, up to 
$1,000,000 may remain available until expended for con-
taminant sample analyses. 
CONSTRUCTION 
(INCLUDING RESCISSION OF FUNDS) 
For construction, improvement, acquisition, or re-
moval of buildings and other facilities required in the con-
servation, management, investigation, protection, and uti-
lization of fishery and wildlife resources, and the acquisi-
tion of lands and interests therein; $35,587,000, to remain 
available until expended: Provided, That of the unobli-
gated balances made available in Public Law 101–512 to
435 
carry out the Anadromous Fish Conservation Act, all re-
maining amounts are permanently rescinded. 
LAND ACQUISITION 
For expenses necessary to carry out the Land and 
Water Conservation Fund Act of 1965, as amended (16 
U.S.C. 460l–4 through 11), including administrative ex-
penses, and for acquisition of land or waters, or interest 
therein, in accordance with statutory authority applicable 
to the United States Fish and Wildlife Service, 
$42,455,000, to be derived from the Land and Water Con-
servation Fund and to remain available until expended, 
of which, notwithstanding 16 U.S.C. 460l–9, not more 
than $1,500,000 shall be for land conservation partner-
ships authorized by the Highlands Conservation Act of 
2004: Provided, That none of the funds appropriated for 
specific land acquisition projects can be used to pay for 
any administrative overhead, planning or other manage-
ment costs. 
COOPERATIVE ENDANGERED SPECIES CONSERVATION 
FUND 
(INCLUDING RESCISSION OF FUNDS) 
For expenses necessary to carry out section 6 of the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), 
as amended, $80,001,000, to remain available until ex-
pended, of which $25,307,000 is to be derived from the 
Cooperative Endangered Species Conservation Fund, of
436 
which $5,145,706 shall be for the Idaho Salmon and 
Clearwater River Basins Habitat Account pursuant to the 
Snake River Water Rights Act of 2004; and of which 
$54,694,000 is to be derived from the Land and Water 
Conservation Fund: Provided, That of the unobligated bal-
ances available under this heading, $4,500,000 are perma-
nently rescinded. 
NATIONAL WILDLIFE REFUGE FUND 
For expenses necessary to implement the Act of Octo-
ber 17, 1978 (16 U.S.C. 715s), $14,100,000. 
NORTH AMERICAN WETLANDS CONSERVATION FUND 
For expenses necessary to carry out the provisions 
of the North American Wetlands Conservation Act, as 
amended (16 U.S.C. 4401–4414), $42,647,000, to remain 
available until expended. 
NEOTROPICAL MIGRATORY BIRD CONSERVATION 
For expenses necessary to carry out the Neotropical 
Migratory Bird Conservation Act, as amended, (16 U.S.C. 
6101 et seq.), $4,750,000, to remain available until ex-
pended. 
MULTINATIONAL SPECIES CONSERVATION FUND 
For expenses necessary to carry out the African Ele-
phant Conservation Act (16 U.S.C. 4201–4203, 4211– 
4214, 4221–4225, 4241–4246, and 1538), the Asian Ele-
phant Conservation Act of 1997 (16 U.S.C. 4261–4266), 
the Rhinoceros and Tiger Conservation Act of 1994 (16
437 
U.S.C. 5301–5306), the Great Ape Conservation Act of 
2000 (16 U.S.C. 6301–6305), and the Marine Turtle Con-
servation 
Act 
of 
2004 
(16 
U.S.C. 
6601–6606), 
$10,000,000, to remain available until expended. 
STATE AND TRIBAL WILDLIFE GRANTS 
For wildlife conservation grants to States and to the 
District of Columbia, Puerto Rico, Guam, the United 
States Virgin Islands, the Northern Mariana Islands, 
American Samoa, and federally-recognized Indian tribes 
under the provisions of the Fish and Wildlife Act of 1956 
and the Fish and Wildlife Coordination Act, for the devel-
opment and implementation of programs for the benefit 
of wildlife and their habitat, including species that are not 
hunted or fished, $75,000,000, to remain available until 
expended: Provided, That of the amount provided herein, 
$7,000,000 is for a competitive grant program for Indian 
tribes not subject to the remaining provisions of this ap-
propriation: Provided further, That $5,000,000 is for a 
competitive grant program for States, territories, and 
other jurisdictions with approved plans, not subject to the 
remaining provisions of this appropriation: Provided fur-
ther, 
That 
the 
Secretary 
shall, 
after 
deducting 
$11,106,000 and administrative expenses, apportion the 
amount provided herein in the following manner: (1) to 
the District of Columbia and to the Commonwealth of
438 
Puerto Rico, each a sum equal to not more than one-half 
of 1 percent thereof; and (2) to Guam, American Samoa, 
the United States Virgin Islands, and the Commonwealth 
of the Northern Mariana Islands, each a sum equal to not 
more than one-fourth of 1 percent thereof: Provided fur-
ther, That the Secretary shall apportion the remaining 
amount in the following manner: (1) one-third of which 
is based on the ratio to which the land area of such State 
bears to the total land area of all such States; and (2) 
two-thirds of which is based on the ratio to which the pop-
ulation of such State bears to the total population of all 
such States: Provided further, That the amounts appor-
tioned under this paragraph shall be adjusted equitably 
so that no State shall be apportioned a sum which is less 
than 1 percent of the amount available for apportionment 
under this paragraph for any fiscal year or more than 5 
percent of such amount: Provided further, That the Fed-
eral share of planning grants shall not exceed 75 percent 
of the total costs of such projects and the Federal share 
of implementation grants shall not exceed 50 percent of 
the total costs of such projects: Provided further, That the 
non-Federal share of such projects may not be derived 
from Federal grant programs: Provided further, That no 
State, territory, or other jurisdiction shall receive a grant 
if its comprehensive wildlife conservation plan is dis-
439 
approved and such funds that would have been distributed 
to such State, territory, or other jurisdiction shall be dis-
tributed equitably to States, territories, and other jurisdic-
tions with approved plans: Provided further, That any 
amount apportioned in 2009 to any State, territory, or 
other jurisdiction that remains unobligated as of Sep-
tember 30, 2010, shall be reapportioned, together with 
funds appropriated in 2011, in the manner provided here-
in. 
WILDLIFE CONSERVATION AND APPRECIATION FUND 
(RESCISSION) 
Of the unobligated balances available under this 
heading from prior year appropriations, all remaining 
amounts are permanently rescinded. 
ADMINISTRATIVE PROVISIONS 
Appropriations and funds available to the United 
States Fish and Wildlife Service shall be available for re-
pair of damage to public roads within and adjacent to res-
ervation areas caused by operations of the Service; options 
for the purchase of land at not to exceed $1 for each op-
tion; facilities incident to such public recreational uses on 
conservation areas as are consistent with their primary 
purpose; and the maintenance and improvement of aquar-
ia, buildings, and other facilities under the jurisdiction of 
the Service and to which the United States has title, and 
which are used pursuant to law in connection with man-
440 
agement, and investigation of fish and wildlife resources: 
Provided, That notwithstanding 44 U.S.C. 501, the Serv-
ice may, under cooperative cost sharing and partnership 
arrangements authorized by law, procure printing services 
from cooperators in connection with jointly produced pub-
lications for which the cooperators share at least one-half 
the cost of printing either in cash or services and the Serv-
ice determines the cooperator is capable of meeting accept-
ed quality standards: Provided further, That, notwith-
standing any other provision of law, the Service may use 
up to $2,000,000 from funds provided for contracts for 
employment-related legal services: Provided further, That 
the Service may accept donated aircraft as replacements 
for existing aircraft. 
NATIONAL PARK SERVICE 
OPERATION OF THE NATIONAL PARK SYSTEM 
For expenses necessary for the management, oper-
ation, and maintenance of areas and facilities adminis-
tered by the National Park Service (including expenses to 
carry out programs of the United States Park Police), and 
for the general administration of the National Park Serv-
ice, $2,131,529,000, of which $9,851,000 for planning 
and interagency coordination in support of Everglades res-
toration and $99,586,000 for maintenance, repair or reha-
bilitation projects for constructed assets, operation of the
441 
National Park Service automated facility management 
software system, and comprehensive facility condition as-
sessments shall remain available until September 30, 
2010. 
NATIONAL RECREATION AND PRESERVATION 
For expenses necessary to carry out recreation pro-
grams, natural programs, cultural programs, heritage 
partnership programs, environmental compliance and re-
view, international park affairs, statutory or contractual 
aid for other activities, and grant administration, not oth-
erwise provided for, $59,684,000. 
HISTORIC PRESERVATION FUND 
(INCLUDING TRANSFERS AND RESCISSION OF FUNDS) 
For expenses necessary in carrying out the Historic 
Preservation Act of 1966, as amended (16 U.S.C. 470), 
and the Omnibus Parks and Public Lands Management 
Act of 1996 (Public Law 104–333), $69,500,000, to be 
derived from the Historic Preservation Fund and to re-
main available until September 30, 2010; of which 
$20,000,000 shall be for Save America’s Treasures for 
preservation of nationally significant sites, structures, and 
artifacts: Provided, That any individual Save America’s 
Treasures grant shall be matched by non-Federal funds; 
individual projects shall only be eligible for one grant; and 
all projects to be funded shall be approved by the Sec-
retary of the Interior in consultation with the House and
442 
Senate Committees on Appropriations: Provided further, 
That Save America’s Treasures funds allocated for Fed-
eral projects, following approval, shall be available by 
transfer to appropriate accounts of individual agencies: 
Provided further, That of the unobligated balances in this 
account, $516,000 are permanently rescinded. 
CONSTRUCTION 
(INCLUDING RESCISSION OF FUNDS) 
For construction, improvements, repair or replace-
ment of physical facilities, including a portion of the ex-
pense for the modifications authorized by section 104 of 
the Everglades National Park Protection and Expansion 
Act of 1989, $233,158,000, to remain available until ex-
pended: Provided, That funds appropriated in this Act, or 
in any prior Act of Congress, for the implementation of 
the Modified Water Deliveries to Everglades National 
Park Project, shall be made available to the Army Corps 
of Engineers which shall, notwithstanding any other provi-
sion of law, immediately and without further delay con-
struct or cause to be constructed Alternative 3.2.2.a to 
U.S. Highway 41 (the Tamiami Trail) consistent with the 
Limited Reevaluation Report with Integrated Environ-
mental Assessment and addendum, approved August 
2008: Provided further, That the Secretary of the Interior, 
acting through the National Park Service, is directed to 
immediately evaluate the feasibility of additional bridge
443 
length, beyond that to be constructed pursuant to the 
Modified Water Deliveries to Everglades National Park 
Project (16 U.S.C. § 410r–8), including a continuous 
bridge, or additional bridges or some combination thereof, 
for the Tamiami Trail (U.S. Highway 41) to restore more 
natural water flow to Everglades National Park and Flor-
ida Bay and for the purpose of restoring habitat within 
the Park and the ecological connectivity between the Park 
and the Water Conservation Areas. The feasibility study 
and the recommendation of the Secretary shall be sub-
mitted to the Congress no later than 12 months from the 
date of enactment of this Act: Provided further, That for 
fiscal year 2009 and hereafter, fees paid by the National 
Park Service to the West Yellowstone/Hebgen Basin Solid 
Waste District will be restricted to operations and mainte-
nance costs of the facility, given the capital contribution 
made by the National Park Service: Provided further, 
That, notwithstanding any other provision of law, a single 
procurement for the construction project at the Jefferson 
Memorial plaza and seawall in Washington, DC, may be 
issued which includes the full scope of the project: Pro-
vided further, That the solicitation and the contract shall 
contain the clause ‘‘availability of funds’’ found at 48 CFR 
52.232.18: Provided further, That the National Park Serv-
ice shall grant funds not to exceed $3,000,000 to the St.
444 
Louis Metropolitan Park and Recreation District for the 
purpose of planning and constructing a pedestrian bridge 
to provide safe visitor access to the Jefferson National Ex-
pansion Memorial Arch: Provided further, That the unobli-
gated balances in the Federal Infrastructure Improvement 
Fund under this heading are permanently rescinded. 
LAND AND WATER CONSERVATION FUND 
(RESCISSION) 
The contract authority provided for fiscal year 2009 
by 16 U.S.C. 460l–10a is rescinded. 
LAND ACQUISITION AND STATE ASSISTANCE 
(INCLUDING RESCISSION OF FUNDS) 
For expenses necessary to carry out the Land and 
Water Conservation Act of 1965, as amended (16 U.S.C. 
460l–4 through 11), including administrative expenses, 
and for acquisition of lands or waters, or interest therein, 
in accordance with the statutory authority applicable to 
the National Park Service, $65,190,000, to be derived 
from the Land and Water Conservation Fund and to re-
main available until expended, of which $20,000,000 is for 
the State assistance program and of which $4,000,000 is 
available for grants, subject to a match by at least an 
equal amount, to States, regional entities, local commu-
nities, and the private sector for cost-shared fee simple 
acquisition of land or permanent, protective interests in 
land, to preserve, conserve, and enhance nationally signifi-
445 
cant Civil War Battlefields: Provided, That of the unobli-
gated balances under this heading for State Assistance, 
$1,000,000 are permanently rescinded. 
URBAN PARK AND RECREATION FUND 
(RESCISSION) 
Of the unobligated balances available under this 
heading, $1,300,000 are rescinded. 
ADMINISTRATIVE PROVISIONS 
In addition to other uses set forth in section 407(d) 
of Public Law 105–391, franchise fees credited to a sub- 
account shall be available for expenditure by the Sec-
retary, without further appropriation, for use at any unit 
within the National Park System to extinguish or reduce 
liability for Possessory Interest or leasehold surrender in-
terest. Such funds may only be used for this purpose to 
the extent that the benefiting unit anticipated franchise 
fee receipts over the term of the contract at that unit ex-
ceed the amount of funds used to extinguish or reduce 
liability. Franchise fees at the benefiting unit shall be 
credited to the sub-account of the originating unit over 
a period not to exceed the term of a single contract at 
the benefiting unit, in the amount of funds so expended 
to extinguish or reduce liability. 
For fiscal year 2009 and hereafter, a willing seller 
from whom the Service acquires title to real property may 
be considered a ‘‘displaced person’’ for purposes of the
446 
Uniform Relocation Assistance and Real Property Acquisi-
tion Policy Act and its implementing regulations, whether 
or not the Service has the authority to acquire such prop-
erty by eminent domain. 
For the costs of administration of the Land and 
Water Conservation Fund grants authorized by section 
105(a)(2)(B) of the Gulf of Mexico Energy Security Act 
of 2006 (Public Law 109–432), the National Park Service 
may retain up to 3 percent of the amounts which are au-
thorized to be disbursed under such section, such retained 
amounts to remain available until expended. 
Section 3(f) of the Act of August 21, 1935 (16 U.S.C. 
463(f)), related to the National Park System Advisory 
Board, is amended in the first sentence by striking 
‘‘2009’’ and inserting ‘‘2010’’. 
UNITED STATES GEOLOGICAL SURVEY 
SURVEYS, INVESTIGATIONS, AND RESEARCH 
For expenses necessary for the United States Geo-
logical Survey to perform surveys, investigations, and re-
search covering topography, geology, hydrology, biology, 
and the mineral and water resources of the United States, 
its territories and possessions, and other areas as author-
ized by 43 U.S.C. 31, 1332, and 1340; classify lands as 
to their mineral and water resources; give engineering su-
pervision to power permittees and Federal Energy Regu-
447 
latory Commission licensees; administer the minerals ex-
ploration program (30 U.S.C. 641); conduct inquiries into 
the economic conditions affecting mining and materials 
processing industries (30 U.S.C. 3, 21a, and 1603; 50 
U.S.C. 98g(1)) and related purposes as authorized by law; 
and to publish and disseminate data relative to the fore-
going activities; $1,043,803,000, to remain available until 
September 30, 2010, of which $64,078,000 shall be avail-
able only for cooperation with States or municipalities for 
water resources investigations; of which $40,150,000 shall 
remain available until expended for satellite operations; 
and of which $7,321,000 shall be available until expended 
for deferred maintenance and capital improvement 
projects that exceed $100,000 in cost: Provided, That 
none of the funds provided for the biological research ac-
tivity shall be used to conduct new surveys on private 
property, unless specifically authorized in writing by the 
property owner: Provided further, That no part of this ap-
propriation shall be used to pay more than one-half the 
cost of topographic mapping or water resources data col-
lection and investigations carried on in cooperation with 
States and municipalities. 
ADMINISTRATIVE PROVISIONS 
From within the amount appropriated for activities 
of the United States Geological Survey such sums as are
448 
necessary shall be available for reimbursement to the Gen-
eral Services Administration for security guard services; 
contracting for the furnishing of topographic maps and 
for the making of geophysical or other specialized surveys 
when it is administratively determined that such proce-
dures are in the public interest; construction and mainte-
nance of necessary buildings and appurtenant facilities; 
acquisition of lands for gauging stations and observation 
wells; expenses of the United States National Committee 
on Geology; and payment of compensation and expenses 
of persons on the rolls of the Survey duly appointed to 
represent the United States in the negotiation and admin-
istration of interstate compacts: Provided, That activities 
funded by appropriations herein made may be accom-
plished through the use of contracts, grants, or coopera-
tive agreements as defined in 31 U.S.C. 6302 et seq.: Pro-
vided further, That the United States Geological Survey 
may enter into contracts or cooperative agreements di-
rectly with individuals or indirectly with institutions or 
nonprofit organizations, without regard to 41 U.S.C. 5, 
for the temporary or intermittent services of students or 
recent graduates, who shall be considered employees for 
the purpose of chapters 57 and 81 of title 5, United States 
Code, relating to compensation for travel and work inju-
ries, and chapter 171 of title 28, United States Code, re-
449 
lating to tort claims, but shall not be considered to be Fed-
eral employees for any other purposes. 
MINERALS MANAGEMENT SERVICE 
ROYALTY AND OFFSHORE MINERALS MANAGEMENT 
For expenses necessary for minerals leasing and envi-
ronmental studies, regulation of industry operations, and 
collection of royalties, as authorized by law; for enforcing 
laws and regulations applicable to oil, gas, and other min-
erals leases, permits, licenses and operating contracts; for 
energy-related or other authorized marine-related pur-
poses on the Outer Continental Shelf; and for matching 
grants or cooperative agreements, $157,373,000, to re-
main available until September 30, 2010, of which 
$86,684,000 shall be available for royalty management ac-
tivities; and an amount not to exceed $146,730,000, to 
be credited to this appropriation and to remain available 
until expended, from additions to receipts resulting from 
increases to rates in effect on August 5, 1993, and from 
cost recovery fees: Provided, That in fiscal year 2009 and 
each fiscal year thereafter, fees and charges authorized by 
31 U.S.C. 9701 may be collected only to the extent pro-
vided in advance in appropriations Acts: Provided further, 
That notwithstanding 31 U.S.C. 3302, in fiscal year 2009, 
such amounts as are assessed under 31 U.S.C. 9701 shall 
be collected and credited to this account and shall be avail-
450 
able until expended for necessary expenses: Provided fur-
ther, That to the extent $146,730,000 in addition to re-
ceipts are not realized from the sources of receipts stated 
above, the amount needed to reach $146,730,000 shall be 
credited to this appropriation from receipts resulting from 
rental rates for Outer Continental Shelf leases in effect 
before August 5, 1993: Provided further, That the term 
‘‘qualified Outer Continental Shelf revenues’’, as defined 
in section 102(9)(A) of the Gulf of Mexico Energy Secu-
rity Act, division C of Public Law 109–432, shall include 
only the portion of rental revenues that would have been 
collected at the rental rates in effect before August 5, 
1993: Provided further, That not to exceed $3,000 shall 
be available for reasonable expenses related to promoting 
volunteer beach and marine cleanup activities: Provided 
further, That notwithstanding any other provision of law, 
$15,000 under this heading shall be available for refunds 
of overpayments in connection with certain Indian leases 
in which the Director of MMS concurred with the claimed 
refund due, to pay amounts owed to Indian allottees or 
tribes, or to correct prior unrecoverable erroneous pay-
ments. 
OIL SPILL RESEARCH 
For necessary expenses to carry out title I, section 
1016, title IV, sections 4202 and 4303, title VII, and title 
VIII, section 8201 of the Oil Pollution Act of 1990,
451 
$6,303,000, which shall be derived from the Oil Spill Li-
ability Trust Fund, to remain available until expended. 
ADMINISTRATIVE PROVISION 
Notwithstanding the provisions of section 35(b) of 
the Mineral Leasing Act, as amended (30 U.S.C. 191(b)), 
the Secretary shall deduct 2 percent from the amount pay-
able to each State in fiscal year 2009 and deposit the 
amount deducted to miscellaneous receipts of the Treas-
ury. 
OFFICE OF SURFACE MINING RECLAMATION AND 
ENFORCEMENT 
REGULATION AND TECHNOLOGY 
For necessary expenses to carry out the provisions 
of the Surface Mining Control and Reclamation Act of 
1977, Public Law 95–87, as amended, $120,156,000, to 
remain available until September 30, 2010: Provided, 
That, in fiscal year 2009 and thereafter, the Secretary of 
the Interior, pursuant to regulations, may use directly or 
through grants to States, moneys collected for civil pen-
alties assessed under section 518 of the Surface Mining 
Control and Reclamation Act of 1977 (30 U.S.C. 1268), 
to reclaim lands adversely affected by coal mining prac-
tices after August 3, 1977, to remain available until ex-
pended: Provided further, That appropriations for the Of-
fice of Surface Mining Reclamation and Enforcement may 
provide for the travel and per diem expenses of State and