Financial Services and General Government Appropriations Act, 2010

Bill: 111-s-1432
Sponsor: Sen. Durbin, Richard J. [D-IL]
Introduced: 2009-07-09 in the Senate
Policy area: Economics and Public Finance
Subjects: Administrative Conference of the U.S.
Administrative law and regulatory procedures
Appropriations
Commodity Futures Trading Commission
Community Development Financial Institutions Fund
Congressional oversight
Consumer Product Safety Commission
Department of the Treasury
District of Columbia
Drug trafficking and controlled substances
Election Assistance Commission
Executive Office of the President
Executive agency funding and structure
Federal Communications Commission (FCC)
Federal Deposit Insurance Corporation (FDIC)
Federal Labor Relations Authority
Federal Trade Commission (FTC)
Federal appellate courts
Federal district courts
General Services Administration
Government buildings, facilities, and property
Government employee pay, benefits, personnel management
Government information and archives
Government lending and loan guarantees
Internal Revenue Service (IRS)
Law enforcement administration and funding
Lawyers and legal services
Merit Systems Protection Board
National Archives and Records Administration
Office of Government Ethics
Office of Management and Budget (OMB)
Office of Personnel Management (OPM)
Office of Special Counsel
Postal Regulatory Commission
Presidents and presidential powers, Vice Presidents
Public contracts and procurement
Selective Service System
Small Business Administration
Small business
Specialized courts
State and local finance
Student aid and college costs
Supreme Court
Tax administration and collection, taxpayers
Technology assessment
U.S. Postal Service
U.S. Sentencing Commission

Summary:
action_date: 2009-07-09
text: 
Financial Services and General Government Appropriations Act, 2010 - Department of the Treasury Appropriations Act, 2010 - Makes appropriations for FY2010 for the Department of the Treasury.
 
Executive Office of the President Appropriations Act, 2010 - Makes appropriations for FY2010 for the Executive Office of the President.
 
Judiciary Appropriations Act, 2010 - Makes appropriations for FY2010 for the U.S. Supreme Court and other federal courts and related offices.
 
District of Columbia Appropriations Act, 2010 - Makes appropriations for FY2010 for the District of Columbia.
 
Makes appropriations for FY2010 for: (1) the Administrative Conference of the United States; (2) the Christopher Columbus Fellowship Foundation; (3) the Commodity Futures Trading Commission (CFTC); (4) the Consumer Product Safety Commission (CPSC); (5) the Election Assistance Commission; (6) the Federal Communications Commission (FCC); (7) the Federal Deposit Insurance Corporation (FDIC); (8) the Federal Election Commission (FEC); (9) the Federal Labor Relations Authority (FLRA); (10) the Federal Trade Commission (FTC); (11) the General Services Administration (GSA); (12) the Harry S Truman Scholarship Foundation Trust Fund; (13) the Merit Systems Protection Board; (14) the Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation; (15) the National Archives and Records Administration (NARA); (16) the National Credit Union Administration (NCUA); (17) the Office of Government Ethics; (18) the Office of Personnel Management (OPM); (19) the Office of Inspector General; (20) the Office of Special Counsel; (21) the Postal Regulatory Commission; (22) the Privacy and Civil Liberties Oversight Board; (23) the Securities and Exchange Commission (SEC); (24) the Selective Service System; (25) the Small Business Administration (SBA); (26) the United States Postal Service; and (27) the United States Tax Court.
 
Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.

action_date: 2009-07-09
text: 
Financial Services and General Government Appropriations Act, 2010 - 
Title I: Department of the Treasury
 - Department of the Treasury Appropriations Act, 2010 - Makes appropriations for FY2010 for the Department of the Treasury for: (1) departmental offices; (2) department-wide systems and capital investments programs; (3) the Office of Inspector General; (4) the Treasury Inspector General for Tax Administration; (5) the Financial Crimes Enforcement Network; (6) the Financial Management Service; (7) the Alcohol and Tobacco Tax and Trade Bureau; (8) the U.S. Mint for the U.S. Mint Public Enterprise Fund; (9) the Bureau of the Public Debt; (10) the Community Development Financial Institutions Fund Program Account; and (11) the Internal Revenue Service (IRS).
 
Sets forth certain transfers of funds, including a certain rescission of funds.
 
(Sec. 102) Requires the IRS to maintain a training program for IRS employees in taxpayers' rights, in dealing courteously with taxpayers, and in cross-cultural relations.
 
(Sec. 104) Makes funds for the IRS under any Act available for improved facilities and increased staffing to provide sufficient and effective 1-800 help line service for taxpayers.
 
(Sec. 105) Makes specified funds available for tax enforcement only.
 
(Sec. 106) Prohibits the use of funds to enter into, renew, extend, administer, implement, enforce, or provide oversight of any qualified tax collection contract.
 
(Sec. 111) Bars the use of funds to the Department of the Treasury or the Bureau of Engraving and Printing to redesign the $1 Federal Reserve note.
 

 
(Sec. 113) Extends from 11 to 12 years the authorization for the personnel management demonstration project for employees who fill critical scientific, technical, engineering, intelligence analyst, language translator, and medical positions in the Bureau of Alcohol, Tobacco and Firearms (ATF).
 
(Sec. 115) Prohibits the use of funds to merge the U.S. Mint and the Bureau of Engraving and Printing without the approval of specified congressional committees.
 
(Sec. 116) Deems any funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence activities to be specifically authorized by Congress for purposes of the National Security Act of 1947 during FY2010, until the enactment of the Intelligence Authorization Act for FY2010.
 
(Sec. 117) Requires up to $5,000 to be made available from the Bureau of Engraving and Printing's Industrial Revolving Fund for necessary official reception and representation expenses.
 

Title II: Executive Office of the President and Funds Appropriated to the President
 - Executive Office of the President Appropriations Act, 2010 - Makes appropriations for FY2010 for compensation of the President and designated White House agencies, including: (1) the Council of Economic Advisers; (2) the National Security Council (NSC); (3) the Office of Administration; (4) the Office of Management and Budget (OMB); (5) the Office of National Drug Control Policy; (6) the Counterdrug Technology Assessment Center; (7) various other specified federal drug control programs; (8) the Partnership Fund for Program Integrity Innovation; and (9) special assistance to the President and the official residence of the Vice President.
 
Sets forth certain transfers of funds.
 
(Sec. 202) Requires the President to report to the congressional appropriations committees, before the initial obligation of funds appropriated for the Office of National Drug Control Policy, a detailed narrative and financial plan on the proposed uses of all such funds by program, project, and activity.
 
Permits the obligation of up to 20% of such funds before such report, subject to prior approval of such committees.
 
(Sec. 203) Allows the transfer between appropriated programs of up to 2% of any appropriations in this Act made available to the Office of National Drug Control Policy, upon the advance approval of the congressional appropriations committees.
 
(Sec. 204) Allows the reprogramming within a program, project, or activity of up to $1 million of appropriations available to the Office of National Drug Control Policy, upon the advance approval of the congressional appropriations committees.
 

Title III: The Judiciary
 - Judiciary Appropriations Act, 2010 - Makes appropriations to the Judiciary for FY2010 for: (1) the U.S. Supreme Court; (2) the U.S. Court of Appeals for the Federal Circuit; (3) the U.S. Court of International Trade; (4) the courts of appeals, district courts, and other judicial services, including defender services; (5) fees of jurors and commissioners; (6) court security; (7) the Administrative Office of the U.S. Courts; (8) the Federal Judicial Center; (9) judicial retirement funds; and (10) the U.S. Sentencing Commission.
 
Sets forth certain transfers of funds.
 
(Sec. 305) Provides for the mandatory or discretionary delegation, in certain circumstances, of the duties and powers of the Administrator of General Services to an appropriate federal agency only (currently, an appropriate executive agency).
 
(Sec. 306) Requires the U.S. Marshals Service to provide, for a pilot program, specified security services (except investigations) for courthouses which federal law authorizes the DHS to provide.
 
(Sec. 307) Authorizes federal justices and judges to receive a salary adjustment during FY2010.
 

Title IV: District of Columbia
 - District of Columbia Appropriations Act, 2010 - Makes appropriations to the District of Columbia for FY2010, including amounts for the federal payments: (1) for District of Columbia Resident Tuition Support; (2) for emergency planning and security costs in the District; (3) to District of Columbia Courts; (4) for Defender Services in District of Columbia Courts; (5) to the Court Services and Offender Supervision Agency for the District of Columbia; (6) to the District of Columbia Public Defender Service; (7) to the DC Water and Sewer Authority; (8) to the Criminal Justice Coordinating Council; (9) to the Commission on Judicial Disabilities and Tenure; (10) to the Chief Financial Officer of the District (CFO); (11) for school improvement; and (12) for a consolidated laboratory facility.
 
Requires certain funds appropriated for operating expenses to be subject to the provisions of, allocated, and expended as proposed under Title III of the Budget Support Act at the rate set forth under &quot;District of Columbia Funds Divisions of Expenses&quot; of the Fiscal Year 2010 Proposed Budget and Financial Plan submitted to Congress by the District during 2009.
 

Title V: Independent Agencies 
- Makes appropriations for FY2010 for independent agencies, including: (1) the Administrative Conference of the United States; (2) the Christopher Columbus Fellowship Foundation; (3) the Commodity Futures Trading Commission (CFTC); (4) the Consumer Product Safety Commission (CPSC); (5) the Election Assistance Commission, including election reform programs; (6) the Federal Communication Commission (FCC); (7) the Federal Deposit Insurance Corporation (FDIC), for its Office of Inspector General; (8) the Federal Election Commission (FEC); (9) the Federal Labor Relations Authority (FLRA); (10) the Federal Trade Commission (FTC); (11) the General Services Administration (GSA); (12) government-wide policy and operating expenses; (13) the GSA Office of Inspector General; (14) the Electronic Government Fund; (15) allowances and office staff for former presidents; (16) the Federal Citizen Services Fund; (17) the Harry S Truman Scholarship Foundation; (18) the Merit Systems Protection Board; (19) Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation; (20) the Environmental Dispute Resolution Fund; (21) the National Archives and Records Administration, including the Office of Inspector General; (22) the National Historic Publications and Records Commission Grants Program; (23) the National Credit Union Administration (NCUA); (24) the Credit Union Community Development Revolving Loan Fund; (25) the Office of Government Ethics; (26) the Office of Personnel Management (OPM), including the Office of Inspector General; (27) the government payment for annuitants, employee health benefits, employee life insurance, and the Civil Service Retirement and Disability Fund; (28) the Office of Special Counsel; (29) the Postal Regulatory Commission; (30) the Privacy and Civil Liberties Oversight Board; (31) the Securities and Exchange Commission (SEC); (32) the Selective Service System; (33) the Small Business Administration (SBA), including the Office of Inspector General; (34) the U.S. Postal Service, including the Office of Inspector General; and (35) the U.S. Tax Court.
 
Sets forth certain transfers of funds.
 
(Sec. 501) Amends the Universal Service Antideficiency Temporary Suspension Act to extend through December 31, 2010, the prohibition on applying certain requirements relating to limitations on expending, obligating, or apportioning appropriations to the collection or receipt of federal universal (telecommunications) service contributions or their expenditure or obligation for universal service support programs.
 
 
(Sec. 502) Prohibits the use of funds by the FCC to modify, amend, or change its rules or regulations for universal service support payments to implement the February 27, 2004, recommendations of the Federal-State Joint Board on Universal Service regarding single connection or primary line restrictions on universal service support payments.
 
(Sec. 515) Provides that, if specified congressional committees adopt a resolution granting lease authority pursuant to a specified GSA prospectus, then GSA shall ensure that the delineated area of procurement is identical to the delineated area included in the prospectus for all lease agreements. Requires GSA, if it determines that such area should not be identical to the one included in such prospectus, to provide an explanatory statement to each of such committees and the congressional appropriations committees before exercising such lease authority.
 
(Sec. 516) Authorizes GSA to provide for the use of its federal supply schedules by relief and disaster assistance organizations described in the Robert T. Stafford Disaster Relief and Emergency Assistance Act. Limits such purchases to use in preparation for, response to, and recovery from hazards.
 
(Sec. 521) Requires all disaster loans issued in Alaska or North Dakota to be administered by SBA. Prohibits the sale of such loans during FY2010. 
 

Title VI: General Provisions (This Act)
 - Sets forth permissions for and restrictions upon the use of funds under this Act.
 
(Sec. 606) Prohibits the expenditure of funds under this Act by an entity unless it agrees that such expenditure will comply with the Buy American Act.
 
(Sec. 607) Prohibits the availability of funds under this Act to any person or entity that has been convicted of violating the Buy American Act.
 
(Sec. 610) Prohibits the availability of funds under this Act for use by the Executive Office of the President to request from the Federal Bureau of Investigation (FBI) any official background investigation report on any individual, except when: (1) such individual has given his or her express written consent for such request within six months before the date of such request and during the same presidential administration; or (2) such request is required due to extraordinary circumstances involving national security.
 
(Sec. 611) Makes certain cost accounting standards promulgated under the Office of Federal Procurement Policy Act inapplicable to a federal employees health benefits program(FEHBP) contract.
 
(Sec. 612) Authorizes OPM to accept and utilize (without regard to any restriction on unanticipated travel expenses) funds made available to OPM pursuant to court approval for resolving litigation and implementing any settlement agreements regarding the nonforeign area cost-of-living allowance program.
 
(Sec. 613) Makes the restriction on purchasing nondomestic articles, materials, and supplies set forth in the Buy American Act inapplicable to the acquisition by the federal government of commercial information technology.
 
(Sec. 614) Prohibits an officer or employee of any regulatory agency or commission funded by this Act from accepting, on behalf of that agency, or such agency or commission from accepting, payment or reimbursement from a nonfederal entity for travel-related expenses to enable an officer or employee to attend and participate in any meeting or similar function relating to official duties, when the entity offering payment or reimbursement is subject to regulation by such agency or commission, or represents such person or entity, unless the person or entity is a nonprofit tax-exempt organization.
 
(Sec. 615) Grants the Public Company Accounting Oversight Board authority to obligate funds for the scholarship program established by the Sarbanes-Oxley Act of 2002 in an aggregate amount not to exceed funds collected by the Board as of December 31, 2009, including accrued interest, as a result of the assessment of monetary penalties. Requires funds available for obligation in FY2010 to remain available until expended.
 
(Sec. 616) Rescinds specified funds from unobligated balances of prior year appropriations made available for the Privacy and Civil Liberties Oversight Board.
 
(Sec. 617) Interprets, during FY2010, the term &quot;payment of cash in advance&quot; as payment before the transfer of title to, and control of, the exported items to the Cuban purchaser for purposes of the Trade Sanctions Reform and Export Enhancement Act of 2000.
 

Title VII: General Provisions Government-Wide
 - Sets forth requirements for the use of appropriations by designated departments, agencies, and corporations.
 
(Sec. 701) Sets restrictions upon the use of appropriations by any federal department, agency, or instrumentality unless it has in place, and will continue to administer in good faith, a written policy designed to ensure that all workplaces are free from the illegal use, possession, or distribution of controlled substances by the officers and employees of such department, agency, or instrumentality.
 
(Sec. 727) Prohibits the use of funds by federal agencies to collect, review, create or contract for any aggregation of data by any means of any personally identifiable information relating to an individual's access to or use of any federal government or nongovernmental Internet site.
 
(Sec. 728) Prohibits the use of funds to enter into or renew a contract for a federal employee health plan which includes a provision providing prescription drug coverage, except where the contract also includes a provision for contraceptive coverage. Exempts specified religious plans from such prohibition. Prohibits a federal employee health plan, however, from discriminating against an individual on the basis that the individual refuses to prescribe or otherwise provide for contraceptives because such activities would be contrary to his or her religious beliefs or moral convictions.
 
(Sec. 729) Recognizes the U.S. Anti-Doping Agency (USADA) as the official anti-doping agency for Olympic, Pan American, and Paralympic sport in the United States.
 
(Sec. 730) Allows the use of funds appropriated for official travel by federal departments and agencies, if consistent with OMB Circular A-126 regarding official travel for government personnel, to participate in the fractional aircraft ownership pilot program.
 
(Sec. 731) Bars the use of funds to implement or enforce restrictions or limitations on the Coast Guard Congressional Fellowship Program, or to implement the proposed OPM regulations to add sections 300.311 - 300.316 to part 300 of title 5 of the Code of Federal Regulations, published in the Federal Register, volume 68, number 174, on September 9, 2003 (relating to the detail of executive branch employees to the legislative branch).
 
(Sec. 732) Prohibits an executive branch agency from purchasing, constructing, and/or leasing any additional facilities, except within or contiguous to existing locations, to conduct federal law enforcement training without advance approval of congressional appropriations committees. Authorizes the Federal Law Enforcement Training Center to obtain the temporary use of additional facilities by lease, contract, or other agreement for training which cannot be accommodated in existing Center facilities.
 
(Sec. 733) Requires the head of each appropriate executive department and agency to transfer certain funds to or reimburse the FAA to ensure the uninterrupted, continuous operation by the FAA of the Midway Atoll Airfield for the entirety of FY2010 through the enactment of the Financial Services and General Government Appropriations Act, 2011.
 
Limits the total funds transferred or reimbursed to $6 million for any 12-month period. 
 
(Sec. 734) Prohibits the use of funds 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 OMB Circular A-76 or any other administrative regulation, directive, or policy.
 
(Sec. 735) Requires the head of each federal department or agency, other than the Department of Defense (DOD), to report annually to OMB an inventory of specified activities performed during the preceding fiscal year pursuant to contracts for services.
 
(Sec. 736) Requires a pay increase of 2.9% for federal employees, including civilian employees of DOD and DHS for FY2010.
 
(Sec. 737) Bars the use of funds by an executive branch agency, unless otherwise authorized by existing law, to produce any prepackaged news story intended for broadcast or distribution in the United States, unless the story includes a clear notification within its text or audio that it was prepared or funded by that agency.
 
(Sec. 738) Bars the use of funds in contravention of the Privacy Act or regulations concerning protection of privacy and freedom of information.
 
(Sec. 739) Requires each executive department and agency to evaluate the creditworthiness of an individual before issuing him or her a government travel charge card. Prohibits issuance of such a card, except in specified circumstances, to individuals that either lack a credit history or are found to have an unsatisfactory credit history.
 
Requires such evaluation to include an assessment of the individual's consumer report from a consumer reporting agency.
 
(Sec. 740) Prohibits the use of funds for any federal government contract with any foreign incorporated entity which is treated as an inverted domestic corporation under the Homeland Security Act of 2002, or any subsidiary of such an entity.
 
Requires any Secretary to waive such prohibition if so required in the interest of national security.
 
Exempts contracts entered into before the enactment of this Act or task orders issued pursuant to such contracts.
 
(Sec. 741) Requires each executive department and agency to establish on the homepage of its website an obvious, direct link to the website of its respective Inspector General.
 
Requires each Office of Inspector General to: (1) post on its website any public report or audit (or portion of it) issued within one day of its release; (2) provide a website service to allow an individual to request automatic receipt of related information; and (3) establish a direct website link for individuals to report waste, fraud, and abuse anonymously.
 
(Sec. 742) Directs OMB to submit a status report on a certain pilot program to develop and implement an inventory to track the cost and size of service contracts that: (1) have been performed poorly by a contractor because of excessive costs or inferior quality; (2) involve inherently governmental functions; or (3) were undertaken without competition.
 
(Sec. 743) Bars the use of funds to implement, administer, enforce, or apply the rule entitled &quot;Competitive Area&quot; published by OPM in the Federal Register on April 15, 2008.
 
(Sec. 744) Repeals the declaration in the Financial Services and General Government Appropriations Act, 2009 (P.L. 111-8, division D) that Executive Order 13423 (&quot;Strengthening Federal Environmental, Energy, and Transportation Management&quot;) shall remain in effect unless amended after enactment of the Omnibus Appropriations Act, 2009.
 
(Sec. 745) Requires: (1) each executive department and agency to report to OMB on the total size of its workforce, differentiated by number of civilian, military, and contract workers as of December 31, 2009; and (2) OMB to to delineate the workforce data to the congressional appropriations committees by individual department and agency, as well as aggregate totals of civilian, military, and contract workers.
 

Title VIII: General Provisions (District of Columbia)
 - Sets forth authorized or prohibited uses of funds appropriated by this Act identical or similar to corresponding provisions of the District of Columbia Appropriations Act, 2009.
 
(Sec. 804) Prohibits the use of federal funds provided in this Act for publicity or propaganda purposes or implementation of any policy including boycott designed to support or defeat legislation pending before Congress or any state legislature.
 
Allows the District of Columbia to use local funds provided in this title to carry out lobbying activities on any matter.
 

 
(Sec. 809) Prohibits the use of federal funds contained in this Act by the District of Columbia Attorney General or any other officer or entity of the District government to provide assistance for any petition drive or civil action which seeks to require Congress to provide for voting representation in Congress for the District.
 
Declares that nothing in this section bars the Counsel from reviewing or commenting on briefs in private lawsuits, or from consulting with officials of the District government regarding such lawsuits.
 
(Sec. 810) Bars the use of federal funds contained in this Act for any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug.
 
(Sec. 811) Provides that nothing in this Act may be construed to prevent the Council or the Mayor from addressing the issue of the provision of contraceptive coverage by health insurance plans. Expresses the intent of Congress that any legislation enacted on such issue should include a &quot;conscience clause&quot; which provides exceptions for religious beliefs and moral convictions.
 
(Sec. 812) Directs the Mayor of the District of Columbia to report annually to the congressional appropriations committees on: (1) crime; (2) access to substance and alcohol abuse treatment; (3) management of parolees and pretrial violent offenders; (4) education; (5) improvement in basic District services; (6) application for and management of federal grants; (7) indicators of child and family well-being; and (8) employment.
 
(Sec. 813) Prohibits the use of funds contained in this Act to enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act or any tetrahydrocannabinols (THC) derivative.
 
Provides that the Legalization of Marijuana for Medical Treatment Initiative of 1998, also known as Initiative 59, approved by the electors of the District on November 3, 1998, shall not take effect.
 
(Sec. 814) Prohibits the expenditure of funds appropriated under this Act for abortions except where the mother's life would be endangered if the fetus were carried to term, or in cases of rape or incest.
 
(Sec. 815) Allows the transfer of amounts appropriated in this Act as operating funds to the District's enterprise and capital funds. Requires such transferred amounts to retain appropriation authority consistent with this Act.
 
(Sec. 816) Requires the CFO to submit to the appropriate congressional committees, the Mayor, and the DC Council, a revised appropriated funds operating budget for all DC government agencies for FY2010: (1) that is in the total amount of the approved appropriation; and (2) that realigns all budgeted data for personal and non-personal services, respectively, with anticipated actual expenditures.
 
 Applies this requirement only to an agency where the CFO certifies that a reallocation is required to address unanticipated changes in program requirements.
 
 (Sec. 817) Requires the CFO to submit to such entities, a revised appropriated funds operating budget for the DC Public Schools that aligns schools budgets to actual enrollment. 


Legislative actions:
action_date: 2009-07-09
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 102.
action_date: 2009-07-09
text: Committee on Appropriations. Original measure reported to Senate by Senator Durbin. With written report No. 111-43.
action_date: 2009-07-09
text: Committee on Appropriations. Original measure reported to Senate by Senator Durbin. With written report No. 111-43.
action_date: 2009-07-09
text: Introduced in Senate
action_date: 2009-06-16
text: Committee on Appropriations Subcommittee on Financial Services and General Government. Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 111-194.
action_date: 2009-06-09
text: Committee on Appropriations Subcommittee on Financial Services and General Government. Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 111-194.
action_date: 2009-06-02
text: Committee on Appropriations Subcommittee on Financial Services and General Government. Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 111-194.