Key Vote 111th Congress > House > Vote 85
Clerk session vote number: 86
Description: Omnibus Appropriations Act, 2009
Bill summary: (This measure has not been amended since it was passed by the House on February 25, 2009. The summary of that version is repeated here.)
Omnibus Appropriations Act, 2009 - (Sec. 4) Declares that the explanatory statement regarding this Act printed in the House of Representatives section of the Congressional Record on or about February 23, 2009, by the Chairman of the Committee on Appropriations of the House shall have the same effect with respect to the allocation of funds and implementation of
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this Act as if it were a joint explanatory statement of a committee of conference.
(Sec. 5) Makes the following appropriations for FY2009.
Division A: Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2009 -
Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2009 -
Title I: Agricultural Programs
- Appropriates FY2009 funds for the following Department of Agriculture (Department) programs and services: (1) Office of the Secretary of Agriculture (Secretary); (2) Office of the Chief Economist; (3) National Appeals Division; (4) Office of Budget and Program Analysis; (5) Office of Homeland Security; (6) Office of the Chief Information Officer; (7) Office of the Chief Financial Officer; (8) Office of the Assistant Secretary for Civil Rights; (9) Office of Civil Rights; (10) Office of the Assistant Secretary for Administration; (11) agriculture buildings and facilities and rental payments; (12) hazardous materials management; (13) departmental administration; (14) Office of the Assistant Secretary for Congressional Relations; (15) Office of Communications; (16) Office of the Inspector General; (17) Office of the General Counsel; (18) Office of the Under Secretary for Research, Education, and Economics; (19) Economic Research Service; (20) National Agricultural Statistics Service; (21) Agricultural Research Service; (22) Cooperative State Research, Education, and Extension Service; (23) Native Americans Institutions Endowment Fund; (24) extension and integrated activities; (25) Office of the Under Secretary for Marketing and Regulatory Programs; (26) Animal and Plant Health Inspection Service; (27) Agricultural Marketing Service; (28) Grain Inspection, Packers and Stockyards Administration; (29) Office of the Under Secretary for Food Safety; (30) Food Safety and Inspection Service; (31) Office of the Under Secretary for Farm and Foreign Agricultural Services; (32) Farm Service Agency; (33) Risk Management Agency; (34) Federal Crop Insurance Corporation Fund; and (35) Commodity Credit Corporation Fund.
Title II: Conservation Programs
- Appropriates funds for the following: (1) Office of the Under Secretary for Natural Resources and Environment; and (2) Natural Resources Conservation Service.
Title III: Rural Development Programs
- Appropriates funds for the following: (1) Office of the Under Secretary for Rural Development; (2) rural development salaries and expenses; (3) Rural Housing Service; (4) Rural Business-Cooperative Service; and (5) Rural Utilities Service.
Title IV: Domestic Food Programs
- Appropriates funds for the following: (1) Office of the Under Secretary for Food, Nutrition and Consumer Services; and (2) Food and Nutrition Service.
Title V: Foreign Assistance and Related Programs
- Appropriates funds for the following: (1) Foreign Agricultural Service; (2) Agricultural Trade Development and Assistance Act of 1954 (P.L. 480) program account, title I ocean freight differential grants, and title II grants; (3) Commodity Credit Corporation (CCC) export loans program account; and (4) McGovern-Dole international food for education and child nutrition program grants.
Title VI: Related Agencies and Food and Drug Administration
- Appropriates funds for the following: (1) Food and Drug Administration (FDA); and (2) Farm Credit Administration.
Title VII: General Provisions
- Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.
(Sec. 703) Authorizes the Secretary to transfer unobligated balances to the Working Capital Fund for plant and capital equipment acquisition.
(Sec. 704) States that appropriations under this Act shall not remain available for obligation beyond the current fiscal year unless expressly provided for.
(Sec. 705) Limits negotiated indirect costs on cooperative agreements between the Department and nonprofit organizations to 10%.
(Sec. 708) Prohibits the use of funds under this Act for the Safe Meat and Poultry Inspection Panel.
(Sec. 709) Requires that Department agencies reimburse each other for employees detailed for longer than 30 days.
(Sec. 712) Prohibits, without congressional notification, funds available under this Act or under previous appropriations Acts from being used through a reprogramming of funds to: (1) eliminate or create a new program; (2) relocate or reorganize an office or employees; (3) privatize federal employee functions; or (4) increase funds or personnel for a project for which funds have been denied or restricted.
Prohibits, without congressional notification, funds available under this Act or under previous appropriations Acts from being used through a reprogramming of funds in excess of $500,000 or 10%, whichever is less: (1) to augment an existing program; (2) to reduce by 10% funding or personnel for any existing program; or (3) that results from a reduction in personnel which would result in a change in existing programs.
(Sec. 713) Prohibits the use of funds for user fee proposals that fail to provide certain budget impact information.
(Sec. 714) Prohibits the use of funds to close or relocate a Rural Development office unless the Secretary determines the cost effectiveness and/or enhancement of program delivery.
(Sec. 715) Prohibits funds made available by this Act from being used to close or relocate the FDA Division of Pharmaceutical Analysis in St. Louis, Missouri, outside the city or county limits.
(Sec. 716) Appropriates funds to the Denali Commission to address solid waste disposal problems which threaten to contaminate rural drinking water supplies.
(Sec. 717) Limits funds to carry out the environmental quality incentives program under the Food Security Act of 1985.
(Sec. 718) Limits funds made available in FY2009 or preceding fiscal years under PL 480 to reimburse CCC for the release of certain commodities under the Bill Emerson Humanitarian Trust Act.
(Sec. 719) Prohibits the use of CCC funds for dam rehabilitation under the Watershed Protection and Flood Prevention Act.
(Sec. 720) Makes funds available in the current fiscal year for agricultural management assistance under the Federal Crop Insurance Act and for specified conservation programs under the Food Security Act of 1985 until expended for obligations made in the current fiscal year.
(Sec. 721) Prohibits fund use under this Act by any executive branch entity to produce a prepackaged news story for U.S. broadcast or distribution unless it contains audio or text notice that it was produced or funded by such executive entity.
(Sec. 722) Makes eligible for economic development and job creation assistance under the Rural Electrification Act in the same manner as a borrower under such Act any former Rural Utilities Service borrower that has repaid or prepaid an insured, direct or guaranteed loan under such Act, or any not-for-profit utility that is eligible to receive an insured or direct loan under such Act.
(Sec. 723) Lowers the FY2009 threshold amount before certain agricultural funds under the Act of 1935 may be transferred to the Richard B. Russell National School Lunch Act.
Rescinds certain unobligated amounts under the Act of 1935.
Limits funds for free fresh fruits and vegetables in elementary schools under the Richard B. Russell National School Lunch Act until October 1, 2009.
(Sec. 724) Authorizes the Secretary to: (1) make funding and other assistance available through the emergency watershed protection program to repair and prevent damage to nonfederal land in watersheds that have been impaired by fires initiated by the federal government; and (2) waive related cost sharing requirements.
(Sec. 725) Appropriates funds for a grant to the National Center for Natural Products Research for construction or renovation to carry out the research objectives of the FDA natural products research grant.
(Sec. 726) Appropriates funds for construction of an agriculture pest facility in Hawaii.
(Sec. 727) Prohibits fund use under this Act to establish or implement a rule allowing U.S. importation of poultry products from the People's Republic of China (PRC).
(Sec. 728) Appropriates funds to the Farm Service Agency for a pilot program to demonstrate the use of new technologies that increase the growth rate of reforested hardwood trees on private non-industrial forests lands on the Gulf of Mexico coast that were damaged by Hurricane Katrina in 2005.
(Sec. 729) Prohibits the Department from using funds under this Act to implement the risk-based inspection program in any location until the Office of Inspector General of the Department has reported to the Food Safety and Inspection Service and the House and Senate Committees on Appropriations regarding the data used in the program's development.
(Sec. 730) Directs the Secretary, until receipt of the 2010 decennial Census, to consider: (1) Palmview, Texas, Pharr, Texas, Hidalgo, Texas, Alton, Texas, La Joya, Texas, Penitas, Texas, Schertz, Texas, Converse, Texas, Cibolo, Texas, and the Township of Bern, Pennsylvania, eligible for rural business program loans and grants; (2) the County of Nueces, Texas, eligible for the purposes of financing a beef processing facility under the business and industry loan guarantee program; (3) Asheboro, North Carolina, eligible for rural community facilities program loans and grants; (4) Healdsburg, California, Imperial, California, Havelock, North Carolina, and Newton, North Carolina, eligible for rural water and waste disposal program loans and grants; and (5) Aptos, California, eligible for rural housing service loans and grants.
(Sec. 731) Appropriates funding for the Bill Emerson National Hunger Fellows and Mickey Leland International Hunger Fellows.
(Sec. 732) Appropriates funds for grants to: (1) the Wisconsin Department of Agriculture, Trade, and Consumer Protection; (2) the Vermont Agency of Agriculture, Foods, and Markets; and (3) the Graham Avenue Business Improvement District, New York.
(Sec. 733) Amends the Consolidated Farm and Rural Development Act to repeal certain Delta Regional Authority recordkeeping requirements.
(Sec. 734) Directs the Natural Resources Conservation Service to provide financial and technical assistance through the watershed and flood prevention operations program for the: (1) Pocasset River Floodplain Management Project in Rhode Island; (2) East Locust Creek Watershed Plan Revision in Missouri, including up to 100% of the engineering assistance and 75% cost share for construction cost of site RW1; (3) Little Otter Creek Watershed project in Missouri; (4) Churchill Woods Dam Removal project in DuPage County, Illinois; (5) Dunloup Creek Watershed Project in Fayette and Raleigh Counties, West Virginia; (6) Alameda Creek Watershed Project in Alameda County, California; (7) Colgan Creek Restoration project in Sonoma County, California; (8) Hurricane Katrina-Related Watershed Restoration project in Jackson County, Mississippi; (9) Lake George Watershed Protection project in Warren County, New York; and (10) Pidcock-Mill Creeks Watershed project in Bucks County, Pennsylvania.
(Sec. 735) Amends the Richard B. Russell National School Lunch Act regarding the program for at-risk school children to: (1) make Vermont and Maryland program participants; and (2) increase the total number of program states from 8 to 10.
(Sec. 736) Prohibits, regarding the specialty crop research initiative, funds from being used to prohibit the provision of certain in-kind support from nonfederal sources.
(Sec. 737) Prohibits the U.S. Importation of any ruminant or swine, or any fresh (including chilled or frozen) meat or product of any ruminant or swine, that is born, raised, or slaughtered in Argentina until the Secretary has reviewed the domestic animal health aspects of the proposal to allow such products' importation and has reported to the appropriate congressional committees.
(Sec. 738) Makes unobligated balances from appropriations under this Act for the Farm Service Agency and the Rural Development mission area available through September 30, 2010, for information technology expenses.
(Sec. 739) Prohibits funds under this Act from being used to inspect horses for slaughter purposes.
Division B: Commerce, Justice, Science, and Related Agencies Appropriations Act, 2009
- Commerce, Justice, Science, and Related Agencies Appropriations Act, 2009 - Makes appropriations for FY2009 for the Departments of Commerce and Justice, for science-related programs, and related agencies.
Title I: Department of Commerce
- Department of Commerce Appropriations Act, 2009 - Makes appropriations for the Department of Commerce for FY2009 for: (1) the International Trade Administration; (2) the Bureau of Industry and Security; (3) the Economic Development Administration; (4) the Minority Business Development Agency; (5) economic and statistical analysis programs; (6) the Bureau of the Census; (7) the National Telecommunications and Information Administration, including for grants for public telecommunications facilities planning and construction; (8) the U.S. Patent and Trademark Office (USPTO); (9) the National Institute of Standards and Technology (NIST), including amounts for the Hollings Manufacturing Extension Partnership and for construction of new research facilities; (10) the National Oceanic and Atmospheric Administration (NOAA), including an amount for procurement, acquisition, and construction of capital assets; (11) restoration of Pacific salmon populations; (12) the Coastal Zone Management Fund; (13) the fisheries finance program account; and (14) departmental management, including for the Office of Inspector General and the renovation and modernization of the Herbert C. Hoover Building.
(Sec. 105) Prohibits funding under this Act, or any other Act, to register, issue, transfer, or enforce any trademark of the phrase "Last Best Place."
(Sec. 106) Authorizes the Secretary of Commerce to promulgate safety and health standards or regulations for scientific and occupational diving within NOAA.
(Sec. 107) Incorporates certain legal requirement pertaining to NOAA contracts for development of a major program (an activity approved to proceed to implementation that has an estimated life-cycle cost of more than $250 million).
(Sec. 109) Provides for a transfer of funds for the Southern New England Cooperative Research Initiative for conservation activities in Rhode Island.
(Sec. 110) Includes the state of Nevada in the program for Pacific Coastal salmon recovery.
(Sec. 111) Designates the Secretary of Commerce as the representative of the United States in negotiating and monitoring international agreements regarding fisheries, marine mammals, or sea turtles.
Title II: Department of Justice
- Department of Justice Appropriations Act, 2009 - Makes appropriations for the Department of Justice (DOJ) for 2009 for: (1) general administration, including for information sharing technology, a nationwide Integrated Wireless Network to support federal law enforcement and the costs of existing Land Mobile Radio legacy systems, administration of pardon and clemency petitions and immigration-related activities, the Federal Detention Trustee, and the Office of Inspector General; (2) the U.S. Parole Commission; (3) legal activities, including for reimbursement from the Vaccine Injury Compensation Trust Fund for processing cases under the National Childhood Vaccine Injury Act of 1986, antitrust enforcement, the Offices of the U.S. Attorneys, the U.S. Trustee Program, the Foreign Claims Settlement Commission, fees and expenses of witnesses, the Community Relations Service, and the Assets Forfeiture Fund; (4) the U.S. Marshals Service, including for courthouse security equipment and construction; (5) the National Security Division; (6) interagency crime and drug enforcement; (7) the Federal Bureau of Investigation (FBI); (8) the Drug Enforcement Administration (DEA); (9) the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); (10) the federal prison system, including for the construction of new buildings and facilities and the Federal Prison Industries, Incorporated (subject to certain limitations on administrative expenses); (11) the Office on Violence Against Women for violence against women prevention and prosecution programs; and (12) the Office of Justice Programs, including for state and local law enforcement assistance, necessary expenses to implement the "Weed and Seed" program, community-oriented policing service, juvenile justice programs, and public safety officers benefits.
(Sec. 202) Prohibits funding to: (1) pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term or in the case of rape; or (2) require any person to perform or facilitate an abortion.
(Sec. 204) Reaffirms the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive an abortion outside a federal facility.
(Sec. 206) Authorizes the Attorney General to extend through FY2010 the Personnel Management Demonstration Project without limitation on the number of employees or the positions covered.
(Sec. 207) Extends certain authorities for FBI and DEA undercover investigative operations to ATF.
(Sec. 208) Prohibits funding to transport a maximum or high security prisoner other than to a prison or facility certified by the Bureau of Prisons as appropriately secure.
(Sec. 209) Prohibits funding by federal prisons to purchase cable television services or equipment used primarily for recreational purposes. Allows such services for equipment for inmate training or for religious or educational programs.
(Sec. 210) Restricts funding for the FBI Sentinel project, or for any other new or enhanced information technology programs having estimated development costs in excess of $100 million.
(Sec. 212) Prohibits funding for private-public competitions for work performed by employees of the Bureau of Prisons or of Federal Prison Industries, Incorporated.
(Sec. 213) Prohibits funding for U.S. Attorneys who are assigned dual or additional responsibilities by the Attorney General that exempt such U.S. Attorneys from applicable residency requirements.
(Sec. 214) Restricts funding for future phases of the FBI's Sentinel program until the Attorney General certifies to the House and Senate Committees on Appropriations that the majority of work on existing phases for the program have been completed in accordance with a performance measurement baseline.
Title III: Science
- Science Appropriations Act, 2009 - Makes appropriations for FY2009 for: (1) the Office of Science and Technology Policy; (2) the National Aeronautics and Space Administration (NASA) for science, aeronautics, exploration research and development activities, and education and the Office of Inspector General; and (3) the National Science Foundation (NSF) for research, equipment and facilities construction, education and human resources, agency operations and award management, the Office of the National Science Board, and the Office of Inspector General.
Requires the NASA Administrator to report to Congress by February 2, 2009, on Space Shuttle retirement and transition activities for FY2006-FY2015.
Title IV: Related Agencies
- Makes appropriations for FY2009 for: (1) the Commission on Civil Rights; (2) the Equal Employment Opportunity Commission (EEOC); (3) the International Trade Commission (ITC); (4) the Legal Services Corporation; (5) the Marine Mammal Commission; (6) the Office of the U.S. Trade Representative; and (7) the State Justice Institute.
Prohibits EEOC from taking any action to implement any workforce repositioning, restructuring, or reorganization until notice of such actions is given to the House and Senate Committees on Appropriations.
Title V: General Provisions
- (Sec. 501) Prohibits funding for publicity or propaganda purposes not authorized by Congress.
(Sec. 506) Prohibits funding to implement, administer, or enforce certain EEOC guidelines covering harassment based on religion.
(Sec. 507) Renders any person who mislabels a product sold in or shipped to the United States as "Made in America" ineligible to receive any contract or subcontract funded by this Act.
(Sec. 510) Prohibits funding to promote the sale or export of tobacco or tobacco products or to seek the removal of restrictions on marketing of such products by foreign countries.
(Sec. 511) Prohibits funding for the implementation of: (1) any user fee for background checks under the Brady Handgun Control Act of 1993; and (2) any background check system that does not require and result in the destruction of information submitted by an individual certified as eligible to possess or receive a firearm.
(Sec. 513) Prohibits the use of DOJ funds to discriminate against or denigrate the religious or moral beliefs of students who participate in DOJ programs or of the parents or legal guardians of such students.
(Sec. 516) Requires ATF to make certain disclosures in its data releases about the limitations of trace data in making conclusions about firearms-related crime.
(Sec. 517) Requires the Inspectors General of the Departments of Commerce and Justice, NASA, and NSF to conduct and report to Congress on audits of grants or contracts funded by this Act Prohibits the use of funds for banquets and conferences not directly related to a grant or contract purpose. Requires a grant or contract recipient to submit a conflict of interest statement.
(Sec. 518) Prohibits the use of funds under this Act to: (1) issue patents on claims directed to or encompassing a human organism; (2) support or justify the use of torture by any official or contract employee of the U.S. government; (3) require certain licenses for the export of firearms to Canada, except when the President determines that Canada has not maintained adequate import controls such that there is a significant diversion of such firearms for use in international terrorism or in armed conflict in another nation; (4) deny certain import applications for curios or relics, firearms, parts, or ammunition; (5) include certain provisions of the United States-Singapore Free Trade Agreement, the United States-Australia Free Trade Agreement, or the United States-Morocco Free Trade Agreement in any new bilateral or multilateral trade agreement; or (6) authorize or issue a national security letter in contravention of certain laws authorizing the FBI to issue such letters.
(Sec. 525) Authorizes funding for DOJ intelligence activities during FY2008 until the enactment of the Intelligence Authorization Act for FY2009.
(Sec. 526) Requires the departments, agencies, and commissions funded under this Act to establish and maintain on their websites: (1) a direct link to their Offices of Inspectors General; and (2) a mechanism on the Offices of Inspectors General website for anonymously reporting waste, fraud, or abuse.
(Sec. 528) Prohibits funding for: (1) purposes inconsistent with certain U.S. objectives relating to trade remedy laws; (2) the purchase of first class or premium airline travel that is inconsistent with federal regulations; or (3) the attendance of more than 50 federal employees at any single conference outside the United States.
Division C: Energy and Water Development and Related Agencies Appropriations Act, 2009
- Energy and Water Development and Related Agencies Appropriations Act, 2009 -
Title I: Department of Defense - Civil
- Makes FY2009 appropriations to: (1) the Department of the Army, Corps of Engineers-Civil for functions pertaining to rivers and harbors, flood and storm damage reduction, shore protection, and aquatic ecosystem restoration; (2) general investigations and construction; (3) flood damage reduction for the Mississippi River alluvial valley below Cape Girardeau, Missouri; (4) operation and maintenance expenses; (5) administration of laws pertaining to regulation of navigable waters and wetlands; (6) cleanup of contamination from sites in the United States resulting from work performed as part of the early atomic energy program; (7) general administration of the civil works program in the headquarters of the Corps; and (8) the Office of Assistant Secretary of the Army (Civil Works).
(Sec. 101) Specifies reprogramming allowances.
Directs the Corps of Engineers to report to the congressional appropriations committees and establish the baseline for application of reprogramming and transfer authorities for the current fiscal year.
(Sec. 102) Prohibits the use of funds to implement any pending or future competitive sourcing actions under OMB Circular A-76 or High Performing Organizations for the Corps of Engineers.
(Sec. 105) Prohibits the use of funds available under this Act to carry out any water reallocation project or component under the Wolf Creek Project, Lake Cumberland, Kentucky, except a water reallocation for Lake Cumberland, Kentucky, under an existing agreement or payment schedule.
(Sec. 106) Amends the Energy and Water Development Appropriations Act, 2006 to increase from 75% to 100% the federal expense incurred for planning studies, watershed surveys and assessments, or technical studies of the Secretary of the Army (the Secretary under this title) to accomplish the purposes of the 2003 Biological Opinion (including any related subsequent biological opinion) and the collaborative program long-term plan.
Requires the Secretary, in carrying out a study, survey, or assessment, to consult with federal, state, tribal and local governmental entities, as well as entities participating in the Middle Rio Grande Endangered Species Collaborative Program. Authorizes the Secretary also to provide that Collaborative Program with planning and administrative assistance, which shall not be subject to cost sharing requirements with nonfederal interests.
(Sec. 107) Prohibits the use of funds to award a continuing contract for any project for which funds are derived from the Inland Waterways Trust Fund.
(Sec. 108) Authorizes the Secretary to study the Missouri River Projects located within the Missouri River basin, at full federal expense, with the express purpose of reviewing the original project purposes based on the Flood Control Act of 1944, as amended.
(Sec. 109) Amends the Energy and Water Development Appropriations Act, 2004, as amended, to increase the authorization of appropriations for construction of the permanent bridge as part of the project for flood damage reduction and environmental restoration, American River Watershed, California.
(Sec. 110) Amends the Water Resources Development Act of 1996 to direct the Secretary to credit toward the nonfederal share of the flood control project, San Lorenzo River, California, up to $2 million of the costs expended by nonfederal interests for the replacement and reconstruction of the Soquel Avenue Bridge.
(Sec. 111) Modifies the Missouri River Levee System (MRLS) Unit L-385 Project, Riverside, Missouri, to direct the Secretary, acting through the Chief of Engineers, to take necessary action to correct deficiencies in the L-385 levee system in Riverside, Missouri, at full federal expense.
(Sec. 112) Directs the Secretary, acting through the Chief of Engineers, to transfer to the Secretary of Health and Human Services, instead of the Secretary of the Interior, upon completion, of the rural health care facility being built on the Fort Berthold Indian Reservation of the Three Affiliated Tribes, North Dakota.
(Sec. 113) Amends the Water Resources Development Act of 1992 to increase the authorization of appropriations for the Lower Mississippi River Museum and Riverfront Interpretive Site, Vicksburg, Mississippi.
(Sec. 114) Amends the Water Resources Development Act of 2007 to modify the Middle Rio Grande, New Mexico, restoration project to require it to be carried out in accordance with the plans recommended in the feasibility report for the Middle Rio Grande Bosque, New Mexico, scheduled for completion in December 2008.
Limits any requirement for nonfederal participation in a project carried out in the bosque of Bernalillo County, New Mexico, to the provision of lands, easements, rights-of-way, relocations, and dredged material disposal areas necessary for project construction, operation, and maintenance.
(Sec. 115) Authorizes the nonfederal interest for the flood control project, San Antonio Channel, Texas, under the Water Resources Development Act of 2007 to: (1) carry out design and construction work in advance of federal appropriations; or (2) provide funds directly to the Secretary for the Secretary to carry out such work.
Requires the Secretary to reimburse the nonfederal interest for any costs incurred by it in excess of the nonfederal share of total project costs, subject to the availability of appropriations.
(Sec. 116) Authorizes the Colorado Department of Natural Resources to perform modifications of the Chatfield Reservoir and any required mitigation resulting from project implementation. Requires the Secretary, in carrying out the reassignment of storage space in the Reservoir, to collaborate with the Colorado Department of Natural Resources and local interests to determine costs to be repaid for storage that reflects the limited reliability of the resources and the capability of nonfederal interests to make use of such reallocated storage space.
(Sec. 117) Amends the Energy and Water Development and Related Agencies Appropriations Act, 2005, as contained in division C of Public Law 108-447, to repeal the Secretary's authorization to carry out, at full federal expense, structural and nonstructural projects for storm damage prevention and reduction, coastal erosion, and ice and glacial damage in Alaska, including relocation of affected communities and construction of replacement facilities.
(Sec. 118) Directs the Secretary, acting through the Chief of Engineers, to reassign the regulatory boundaries of the Chicago District to align with the existing civil works boundaries of the Chicago District.
Title II: Department of the Interior
- Makes FY2009 appropriations to the Department of the Interior for: (1) the Central Utah Project; and (2) the Bureau of Reclamation, including for management, development, and restoration of water and related natural resources, the Central Valley Project Restoration Fund, California Bay-Delta restoration, and policy and administration in the Office of the Commissioner, the Denver office, and offices in the five regions of the Bureau of Reclamation.
(Sec. 201) Specifies reprogramming allowances.
Directs the Bureau of Reclamation to report quarterly to the congressional appropriations committees on all the funds reprogrammed between programs, projects, activities, or categories of funding.
(Sec. 202) Prohibits the use of funds to determine the final point of discharge for the interceptor drain for the San Luis Unit until development by the Secretary of the Interior (the Secretary under this title) and the state of California of a plan to minimize any detrimental effect of the San Luis drainage waters.
Requires the costs of the Kesterson Reservoir Cleanup Program and the San Joaquin Valley Drainage Program to be classified as reimbursable or nonreimbursable and collected until fully repaid. Makes any future US obligations relating to drainage for that Unit fully reimbursable by Unit beneficiaries.
(Sec. 203) Prohibits the use of any funds to pay the salaries and expenses of personnel to purchase or lease water in the Middle Rio Grande or the Carlsbad Projects in New Mexico, except in compliance with specified purchase requirements.
(Sec. 204) Declares that funds under this title for Drought Emergency Assistance shall be made available primarily for leasing of water for specified drought-related purposes from willing lessors, in compliance with existing state laws and administered under state water priority allocation.
(Sec. 205) Authorizes the Secretary, acting through the Commissioner of the Bureau of Reclamation, to enter into grants, cooperative agreements, and other agreements with irrigation or water districts and states to fund up to 50% of the cost of planning, designing, and constructing improvements that will conserve water, increase water use efficiency, or enhance water management through measurement or automation, at existing water supply projects within specified states.
(Sec. 206) Amends the Energy and Water Development Appropriations Act, 2004 to repeal the requirement that the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation and the Director of the Fish and Wildlife Service, establish an executive committee to improve the efficiency and expediting the efforts of the Endangered Species Act Collaborative Program Workgroup.
Directs the Secretary, instead, to establish an Executive Committee of the Middle Rio Grande Endangered Species Collaborative Program.
Authorizes the Secretary (acting through the Commissioner of Reclamation), in collaboration with the Executive Committee, to enter into any grants, contracts, cooperative agreements, interagency agreements, or other agreements deemed necessary to comply with the 2003 Biological Opinion, or any related subsequent biological opinion, or in furtherance of the objectives in the collaborative program long-term plan.
Sets the nonfederal share of such activities at 25%, to be determined on a programmatic, rather than a project-by-project basis.
(Sec. 207) Amends the Energy and Water Development and Related Agencies Appropriations Act, 2008 to: (1) require that protection of the native fishery and water quality of Independence Lake (Nevada), for which specified funds are allocated to a nonprofit conservation organization, be determined by the organization; (2) repeal the requirement that the retirement of water rights, for which specified other funds are allocated the Newlands Project Water Rights Fund for a Federal-State-Pyramid Lake Paiute Tribe program in Nevada, be pursuant to the Truckee-Carson-Pyramid Lake Water Rights Settlement Act; and (3) extend from June 30, 2010, through June 30, 2012, the deadline for compliance with all applicable federal laws and regulations relating to the conveyance of the Carson Lake and Pasture to the state of Nevada.
(Sec. 208) Directs the Secretary, acting through the Commissioner of Reclamation, to allocate certain funds made available under the Farm Security and Rural Investment Act of 2002 with respect to at-risk natural desert terminal lakes. Specifies such allocations to: (1) the Desert Research Institute for LIDAR acquisition data in the Walker River Basin to supplement water rights research and data; and (2) the Director of the U.S. Fish and Wildlife Service to monitor the ability of west central Nevada lakes to support migratory loons, and identify wintering areas and annual range of loons using Walker Lake during migration.
Title III: Department of Energy
- Makes appropriations for FY2009 to the Department of Energy (DOE) for: (1) Energy Efficiency and Renewable Energy: (2) Electricity Delivery and Energy Reliability; (3) Nuclear Energy; (4) Fossil Energy Research and Development, including clean coal technology; (5) Naval Petroleum and Oil Shale Reserves; (6) the Strategic Petroleum Reserve (SPR); (7) the Northeast Home Heating Oil Reserve; (8) the Energy Information Administration; (9) Non-defense Environmental Cleanup; (10) the Uranium Enrichment Decontamination and Decommissioning Fund; (11) Science; (12) Nuclear Waste disposal; (13) the Title 17 Innovative Technology Loan Guarantee Program; (14) departmental administration; (15) the Office of the Inspector General; (16) the National Nuclear Security Administration, including Weapons Activities, Defense Nuclear Nonproliferation, Naval Reactors, and the Office of the Administrator; (17) Defense Environmental Cleanup and other defense activities; and (18) Defense Nuclear Waste Disposal.
Approves certain expenditures from the Bonneville Power Administration Fund. Prohibits new direct loan obligations during FY2009.
Makes appropriations for: (1) operation and maintenance for the Southeastern, Southwestern, and Western Area Power Administrations; (2) the Falcon and Amistad Operating and Maintenance Fund; and (3) the Federal Energy Regulatory Commission (FERC).
(Sec. 301) Prohibits the use of appropriated funds for certain noncompetitive management and operating contracts, unless such contracts are awarded using competitive procedures or the Secretary of Energy grants a waiver on a case-by-case basis.
(Sec. 302) Prohibits the use of funds appropriated under this Act to: (1) prepare or initiate Requests For Proposals (RFPs) for a program that has not been funded by Congress; (2) provide enhanced severance payments to DOE employees; or (3) develop or implement a workforce restructuring plan that covers DOE employees.
Prohibits the use of funds appropriated under this Act to augment funds for severance payments and other benefits and community assistance grants unless DOE submits a reprogramming request to the appropriate congressional committees.
(Sec. 305) States that unless the Administrator of the Bonneville Power Administration certifies in advance that energy efficiency services are not available from private sector businesses, appropriated funds may not be used to enter into any agreement to perform energy efficiency services outside the legally defined Bonneville service territory (except services provided internationally).
(Sec. 306) Requires DOE to ensure broad public notice when it makes a user facility available to potential users, or when it seeks certain input regarding such facility.
(Sec. 307) States that funds appropriated for intelligence activities are deemed to be specifically authorized by the Congress for purposes of the National Security Act of 1947 during FY2009 until the enactment of the Intelligence Authorization Act for FY2009.
(Sec. 308) Permits the Secretary of Energy (Secretary under this title) to authorize up to 8% of appropriated funds for laboratory-directed research and development at government-owned, contractor-operated laboratories.
(Sec. 309) Prohibits the availability of funds provided in this Act for the Reliable Replacement Warhead (RRW).
(Sec. 310) States that, for certain purposes of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, plant or construction projects with a current estimated cost of less than $10 million are considered as: (1) a plant project for which the approved total estimated cost does not exceed the minor construction threshold; and (2) a construction project with a current estimated cost of less than a minor construction threshold.
(Sec. 311) Directs the Secretary to provide funding to the National Academy of Sciences to inventory and report on the energy development potential on all lands currently managed by DOE.
(Sec. 312) States that the nonfederal share of the Reno Hydrogen Fuel Project shall be 20%.
(Sec. 313) Instructs the Secretary, along with the Administrator of the National Nuclear Security Administration and the Chairman of the Nuclear Regulatory Commission (NRC), to establish an Integrated University Program. Authorizes appropriations to each agency for this purpose for FY2009-FY2019.
Requires such agencies to use specified amounts to support: (1) university research and development in areas relevant to their respective agency's mission; and (2) a jointly implemented Nuclear Science and Engineering Grant Program that will support multiyear research projects that do not align with programmatic missions but are critical to maintaining the discipline of nuclear science and engineering.
Title IV: Independent Agencies
- Makes appropriations for FY2009 to: (1) the Appalachian Regional Commission; (2) the Defense Nuclear Facilities Safety Board; (3) the Delta Regional Authority; (4) the Denali Commission; (5) the NRC; (6) the Office of Inspector General; (7) the Nuclear Waste Technical Review Board; and (8) the Office of the Federal Coordinator for Alaska Natural Gas Transportation Projects.
Title V: General Provisions
- (Sec. 501) Prohibits the use of funds appropriated under this Act to influence congressional action on any legislation or appropriation matters pending before Congress.
(Sec. 502) Prohibits the transfer of any funds made available in this Act to any federal department, agency, or instrumentality, except as provided in this or another appropriation Act.
Division D: Financial Services and General Government Appropriations Act, 2009
- Financial Services and General Government Appropriations Act, 2009 -
Title I: Department of the Treasury
- Department of the Treasury Appropriations Act, 2009 - Makes appropriations for FY2009 to 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 Treasury Forfeiture Fund; (7) the Financial Management Service; (8) the Alcohol and Tobacco Tax and Trade Bureau; (9) the U.S. Mint for the U.S. Mint Public Enterprise Fund; (10) the Bureau of the Public Debt; (11) the Community Development Financial Institutions Fund Program Account; and (12) the Internal Revenue Service (IRS).
Sets forth certain transfers 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 certain funds available only for tax enforcement and enhanced tax law enforcement.
(Sec. 106) Bars the use of funds made available in this Act to enter into, renew, extend, administer, implement, enforce, provide oversight of, any qualified tax collection contract.
(Sec. 111) Bars the use of funds to the Department or the Bureau of Engraving and Printing to redesign the $1 Federal Reserve note.
(Sec. 113) Extends from 10 to 11 years the authorization for the personnel management demonstration project providing for the compensation and performance management of not more than a combined total of 950 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 appropriated by this Act or any other source to merge the U.S. Mint and the Bureau of Engraving and Printing without the approval of specified congressional committees.
(Sec. 116) Deems funds appropriated by or made available in this Act for the Department's intelligence or intelligence related activities to be specifically authorized by Congress for the purposes of the National Security Act of 1947 during FY2009 until the enactment of the Intelligence Authorization Act for Fiscal Year 2009.
Title II: Executive Office of the President and Funds Appropriated to the President
- Executive Office of the President Appropriations Act, 2009 - Makes appropriations for FY2009 for compensation of the President and and for the White House Office, as well as: (1) the Council of Economic Advisers; (2) the Office of Policy Development; (3) the National Security Council (NSC); (4) the Office of Administration; (5) the Office of Management and Budget (OMB); (6) the Office of National Drug Control Policy; (7) the Counterdrug Technology Assessment Center; (8) various other specified federal drug control programs; (9) presidential transition administrative support; (10) special assistance to the President; and (11) the official residence of the Vice President.
Sets forth certain transfers of funds.
(Sec. 202) Requires the President to submit to the congressional appropriations committees, before the initial obligation of funds appropriated for the Office of National Drug Control Policy, a financial plan on the proposed uses of all such funds on a project-by-project basis.
Title III: The Judiciary
- Judiciary Appropriations Act, 2009 - Makes appropriations for FY2009 to: (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; (5) defender services; (6) fees of jurors and commissioners; (7) court security; (8) the Administrative Office of the U.S. Courts; (9) the Federal Judicial Center; (10) judicial retirement funds; and (11) 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 a federal (including judicial or legislative branch) agency instead of only to an 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 Department of Homeland Security (DHS) to provide.
(Sec. 307) Authorizes the Director of the Administrative Office of the U.S. Courts (Director) to pay premium rate increases in the cost of Federal Employees' Group Life Insurance (FEGLI) imposed after April 24, 1999 (including any expenses generated by such payments, as authorized by the U.S. Judicial Conference) for the following judges, age 65 or over: (1) U.S. magistrate judges; (2) bankruptcy judges; (3) judges of the District Courts of Guam, of the Northern Mariana Islands, and of the Virgin Islands; (4) retired bankruptcy and magistrate judges; and (5) retired judges in such U.S. territories and possessions.
(Sec. 308) Amends the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006 to repeal the September 30, 2010, termination of (thus extending indefinitely) the Director's authority to enter into certain contracts, including multiyear contracts, to the same extent as the head of an executive agency.
(Sec. 309) Amends the Judicial Improvements Act of 1990 to state that the first vacancy in the office of district judge: (1) in the district of Kansas and in the northern district of Ohio, occurring 18 years (currently 17 years) or more after the confirmation date of the judge named to fill the temporary judgeship created for such district, shall not be filled; and (2) in the District of Hawaii occurring 15 years or more after the confirmation date of the judge named to fill a certain temporary judgeship shall not be filled.
(Sec. 310) States that justices and judges of the United States are authorized to receive, during fiscal year 2009, a salary adjustment from funds appropriated in this Act.
Title IV: District of Columbia
- District of Columbia Appropriations Act, 2009 - Makes appropriations to the District of Columbia for FY2009, including amounts for the federal payments for: (1) District of Columbia Resident Tuition Support; (2) Emergency Planning and Security Costs in the District; (3) District of Columbia Courts; (4) Defender Services in District of Columbia Courts; (5) the Court Services and Offender Supervision Agency for the District of Columbia; (6) the District of Columbia Public Defender Service; (7) the District of Columbia Water and Sewer Authority; (8) the Criminal Justice Coordinating Council; (9) the Office of the Chief Financial Officer (CFO) of the District of Columbia; (10) school improvement; (11) jump start of public school reform; (12) construction of a consolidated bioterrorism and forensics laboratory; (13) the Central Library and Branch Locations; (14) the Executive Office of the Mayor of the District of Columbia; and (15) other specified uses.
Title V: Independent Agencies
- Makes appropriations for FY2009 to 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 (EAC) for election reform programs; and (6) the Federal Communications Commission (FCC).
(Sec. 502) Prohibits the FCC from using funds appropriated by this Act to modify or amend 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.
Makes appropriations for FY2009 to: (1) the Federal Deposit Insurance Corporation (FDIC), for its Office of Inspector General; (2) the Federal Election Commission (FEC); (3) the Federal Labor Relations Authority (FLRA); (4) the Federal Trade Commission (FTC); (5) the General Services Administration (GSA) for real property activities and the federal buildings fund; (6) the GSA Office of Inspector General; (7) allowances and office staff for former presidents; (8) presidential transition expenses; and (9) Office of Citizens Services Fund.
(Sec. 516) Renames the GSA Consumer Information Center Fund the GSA Federal Citizen Services Fund to disseminate, as under current law, federal government information (currently, federal consumer information) to the public.
(Sec. 517) Authorizes the Administrator of GSA to provide for the use of the GSA federal supply schedules by relief and disaster assistance organizations.
(Sec. 518) Transforms the GSA working capital fund for the operation of a central blue-printing, photostating, and duplicating service into a working capital fund for: (1) administrative support services (including accounting, budget, personnel, legal support and other related services), as well as the printing and reproduction facilities in support of GSA, other federal agencies, and other entities; and (2) other administrative and management services that the GSA Administrator deems appropriate and advantageous.
Permits transfer and merger of unobligated balances appropriated or otherwise made available for GSA operating expenses and salaries into the major equipment acquisitions and development activity of the GSA working capital fund for agency-wide acquisition of capital equipment, automated data processing systems, and financial management and management information systems.
Makes appropriations for FY2009 to: (1) the Harry S Truman Scholarship Foundation Trust Fund; (2) the Merit Systems Protection Board; (3) the Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation; (4) the Environmental Dispute Resolution Fund; (5) the National Archives and Records Administration; (6) the National Historic Publications and Records Commission Grants Program; (7) the National Credit Union Administration (NCUA); (8) the Community Development Credit Union Revolving Loan Fund; (9) the Office of Government Ethics; (10) the Office of Personnel Management (OPM), including the Office of Inspector General; (11) the government payment for annuitants, employee health benefits, employee life insurance, and the civil service retirement and disability fund; (12) the Office of Special Counsel; (13) the Postal Regulatory Commission; (14) the Privacy and Civil Liberties Oversight Board; (15) the Securities and Exchange Commission (SEC); (16) the Selective Service System; (17) the Small Business Administration (SBA), including the Office of Inspector General; (18) the U.S. Postal Service, including the Office of Inspector General; and (19) the U.S. Tax Court.
(Sec. 520) Permits limited transfers between funds made available for the SBA for the current fiscal year.
(Sec. 521) Requires all disaster loans issued in Alaska or North Dakota to be administered by the SBA. Prohibits the sale of such loans during FY2009.
(Sec. 522) Prohibits SBA use of funds made available under this Act to implement a specified rule published in the Federal Register pertaining to women-owned small business federal contract assistance procedures.
(Sec. 523) Transfers specified funds to the SBA for designation for the Mingo County Redevelopment Authority.
(Sec. 524) States that specified funds previously designated for the Alabama Small Business Institute of Commerce, Small Business Incubator, Rainbow City, Alabama, shall be made available to the Alabama Small Business Institute of Commerce, Rainbow City, Alabama.
(Sec. 525) Makes specified additional funds available to the SBA through FY2010 for initiatives related to small business development and entrepreneurship, including programmatic and construction activities.
Sets forth certain transfers of funds.
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 use of funds under this Act 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 the Federal Employees Health Benefits Program 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) Denies the availability of funds appropriated by this Act to pay either abortion expenses, or administrative expenses in connection with any health plan under the Federal Employees Health Benefits Program which provides benefits or coverage for abortions (unless 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) Makes the restriction on purchasing nondomestic articles, materials, and supplies set forth in the Buy American Act inapplicable to the federal acquisition of commercial information technology.
(Sec. 617) Prohibits officers or employees of any regulatory agency or commission funded by this Act from accepting on behalf of that agency, or the agency or commission from accepting, payment or reimbursement from a nonfederal entity for travel, subsistence, or related expenses to enable an officer or employee to participate in any meeting or similar function relating to such individual's 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 charitable organization.
(Sec. 618) Authorizes the U.S. Tax Court to pay on behalf of its judges, age 65 or over, any increase in the cost of FEGLI imposed after April 24, 1999, that is incurred after the enactment of the Pension Protection Act of 2006.
(Sec. 619) Authorizes the Public Company Accounting Oversight Board to obligate funds for the merit scholarship program for undergraduate and graduate students enrolled in accredited accounting degree programs, established by the Sarbanes-Oxley Act of 2002, up to the aggregate amount of funds collected by the Board through FY2008, including accrued interest, as a result of the assessment of monetary penalties. Requires funds available for obligation in FY2009 to remain available until expended.
(Sec. 620) Amends the Trade Sanctions Reform and Export Enhancement Act of 2000 to direct the Secretary of the Treasury to promulgate regulations authorizing by general license certain travel-related transactions for travel to, from, or within Cuba for the marketing and sale of agricultural and medical goods.
(Sec. 621. Prohibits the use of funds made available in this Act to administer, implement, or enforce certain amendments made to the Code of Federal Regulations (CFR), related to travel to visit relatives in Cuba.
(Sec. 622) Prohibits the use of funds made available in this Act to administer, implement, or enforce the amendment made to specified federal regulations with respect to the Cuban Assets Control Regulations regarding transactions incident to U.S. exportations and reexportations of U.S. origin items to Cuba, including negotiation of executory contracts.
(Sec. 623) Amends the Christopher Columbus Fellowship Act to authorize appropriations to the Christopher Columbus Fellowship Foundation.
(Sec. 624) Prohibits the Board of Governors of the Federal Reserve System and the Secretary of the Treasury from determining, for purposes of the Bank Holding Company Act of 1956 or the Revised Statutes of the United States, that real estate brokerage activity or real estate management activity is an activity financial in nature, or is incidental or complementary to such activity.
(Sec. 625) Amends the Help America Vote Act of 2002 to require certain state recipients of federal funds designated to replace punch card voting systems or lever voting systems to ensure that such voting systems will be replaced in time for the first election for federal office held after November 1, 2010 (currently, the first election after March 1, 2008).
(Sec. 626) Directs the Federal Trade Commission (FTC) to initiate a rulemaking proceeding governing mortgage loans. Treats any violation of such rules as a violation of the Federal Trade Commission Act regarding unfair or deceptive acts or practices.
Authorizes a state civil action to enforce the Truth in Lending Act, or any mortgage loan rule promulgated by the FTC, to obtain penalties and relief whenever the state attorney general 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.
Title VII: General Provisions - Government-Wide
- Sets forth requirements for the use of appropriations by designated departments, agencies, and corporations.
(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 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 certain proposed OPM regulations (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) Bars the availability of funds during FY2009 for transfers or reimbursements to the E-Government Initiatives sponsored by OMB before 15 days following an OMB report to the congressional appropriations committees and receipt of their approval of such transfer. Prohibits the obligation or expenditures of such funds for new E-Government initiatives without such committees' explicit approval.
(Sec. 734) Requires the head of an executive department or agency to transfer to or reimburse the Federal Aviation Administration (FAA) certain appropriated funds in order to ensure uninterrupted, continuous FAA operation of the Midway Atoll Airfield for the entirety of FY2009 and any period thereafter that precedes the enactment of the Financial Services and General Government Appropriations Act, 2010.
(Sec. 735) Amends the Consolidated Appropriations Act, 2008, to revise the prohibition on the use of funds for conversion to contractor performance of any executive agency activity or function performed by more than 10 federal employees unless certain public-private competition requirements are met. Repeals the limitation to activities or functions performed by more than 10 federal employees (thus extending the prohibition to conversion of any such activity or function performed by even one federal employee).
(Sec. 736) Amends the Consolidated Appropriations Act, 2008 to repeal the prohibition on the use of the OMB Circular A-76 to prevent the head of an executive agency from conducting a public-private competition to evaluate the benefits of converting work from contract performance to performance by federal employees in appropriate instances.
Requires the heads of executive agencies, subject to the Federal Activities Inventory Reform Act, to devise and implement guidelines and procedures to ensure that consideration is given to using, on a regular basis, federal employees (insourcing) to perform new functions and functions performed by contractors that could be performed by federal employees.
Prohibits the guidelines and procedures from including any specific limitation or restriction on the number of functions or activities that may be converted to performance by such employees.
Requires such guidelines and procedures to provide that special consideration be given to using federal employees to perform any function that: (1) is a new requirement; or (2) is performed currently by a contractor that has been performed by federal employees at any time during the previous 10 years, and meets other specified criteria.
Excludes from public-private competition under OMB Circular A-76 or any other law or regulation: (1) a new agency function with performance assigned to federal employees; (2) any agency function converting to performance by federal employees; or (3) expansion of an agency function already performed by federal employees.
(Sec. 737) 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. 738) Amends the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009, governing military reservists, to make certain basic pay rate adjustments applicable to civilian employees in the Department of Defense who are represented by a labor organization.
(Sec. 739) 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. 740) Bars the use of funds in contravention of the Privacy Act or regulations implementing the privacy of records maintained on individuals.
(Sec. 741) 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 who 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. 742) Requires the Director of OMB, in coordination with the governor of each Great Lakes State and the Great Lakes Interagency Task Force, to submit to the appropriate authorizing and appropriating congressional committees a financial report containing: (1) an interagency crosscut report that displays the budget proposed, including any planned interagency or intra-agency transfer, for each of the federal agencies that carries out Great Lakes restoration activities in the upcoming fiscal year; (2) a detailed accounting of all funds received and obligated by all federal agencies and, to the extent available, state agencies using federal funds, for such activities during the current and previous fiscal years; (3) a budget for the proposed projects; and (4) a listing of all projects to be undertaken in the upcoming fiscal year with the federal portion of funds.
(Sec. 743) 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.
(Sec. 744) 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 receive its electronic transmittal, or notice of its availability without further request; and (3) establish a direct website link for individuals to report waste, fraud, and abuse anonymously.
(Sec. 745) Bars the use of funds to implement, administer, enforce, or apply the rule entitled "Competitive Area" published by OPM in the Federal Register on April 15, 2008.
(Sec. 746) Bars the use of funds to implement, administer, or enforce the provision of Executive Order 13422 which requires each agency head to designate one of the agency's Presidential Appointees to be its Regulatory Policy Officer.
(Sec. 747) 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, as determined by a contracting officer within the last 5 years; (2) involve inherently governmental functions; or (3) were undertaken without competition.
(Sec. 748) States that Executive Order 13423 ("Strengthening Federal Environmental, Energy, and Transportation Management") remains in effect unless amended after enactment of this Act.
(Sec. 749) Prohibits the use of any appropriated funds for payment of services to any individual carrying out the responsibilities of any position requiring Senate advice and consent in an acting or temporary capacity after the second submission of a nomination for that individual to that position has been withdrawn or returned to the President.
(Sec. 751) Entitles to nonreduction in pay any federal employee who is absent from work in order to perform active duty in the uniformed services pursuant to a call or order to active duty while serving in the uniformed services or National Guard.
Requires the FAA Administrator to prescribe procedures to apply such rights to FAA employees.
(Sec. 752) Requires: (1) each executive department and agency to submit to the OMB Director a report stating the total size of its workforce, differentiated by number of civilian, military, and contract workers as of December 31, 2008; and (2) OMB to delineate the workforce data by individual department and agency, as well as aggregate totals of civilian, military, and contract workers.
Title VIII: General Provisions - District of Columbia
- 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, 2008.
(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. 807) Bars the use of federal funds to: (1) implement or enforce the Health Care Benefits Expansion Act of 1992 (also known as the District Domestic Partner Act); or (2) otherwise implement or enforce any system of registration of unmarried, cohabiting couples, including but not limited to registration for the purpose of extending employment, health, or governmental benefits to such couples on the same basis that such benefits are extended to legally married couples.
(Sec. 808) Amends the District of Columbia Home Rule Act to make permanent the Mayor's authority under current law to accept, obligate, and expend federal, private, and other grants received by the District government that are reflected in its budget approved by an Act of Congress.
(Sec. 809) Prohibits the District of Columbia from using funds provided in this Act for any costs associated with the offices of United States Senator or United States Representative under the District of Columbia Statehood Constitutional Convention Initiatives of 1979.
(Sec. 811) Prohibits the use of federal funds contained in this Act by the District of Columbia Attorney General 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 Attorney General from reviewing or commenting on briefs in private lawsuits, or from consulting with officials of the District government regarding such lawsuits.
(Sec. 812) Prohibits 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. 813) Declares 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 "conscience clause" which provides exceptions for religious beliefs and moral convictions.
(Sec. 814) Prohibits the availability of appropriations for the District government to pay: (1) the fees in excess of $4,000 of an attorney who represents a party or defends an action, including an administrative proceeding, brought against the DC Public Schools under the Individuals with Disabilities Education Act (IDEA); or (2) the fees of an attorney or firm whom the CFO determines to have a pecuniary interest, either through an attorney, officer, or employee of the firm, in any special education diagnostic services, schools, or other special education service providers.
(Sec. 815) Instructs the District of Columbia to report to specified congressional 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. 816) Beginning in FY2009, allows the amount appropriated to the District of Columbia every fiscal year to be increased by up to $100 million from funds identified in the annual comprehensive annual financial report as the District's immediately preceding fiscal year's unexpended general fund surplus.
Limits the use of such funds to specified kinds of expenditures.
(Sec. 817) Authorizes an increase, up to specified amounts, every fiscal year beginning FY2009 in the amount appropriated to the District of Columbia, subject to certain restrictions.
(Sec. 818) Authorizes the CFO, beginning in FY2009, to conduct short-term borrowing from the emergency and contingency reserve funds, subject to specified conditions.
(Sec. 819) 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. 820) 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. 821) 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. 822) Amends the District of Columbia Official Code to increase from $80 to $90 the hourly rate for attorneys representing indigent defendants in the District of Columbia courts.
Increases the current cap on maximum compensation paid to an attorney in neglect and termination of parental rights proceedings from: (1) $1,760 to $1,980 for all proceedings from initial hearing through disposition and for all subsequent proceedings other than termination of parental rights; (2) $2,400 to $2,700 for proceedings to terminate parental rights; and (3) $1,200 to $1,350 for appeals of trial court orders.
(Sec. 823) Amends specified law regarding the control of wharf property in the District of Columbia to repeal the wharfage fee.
Division E: Department of the Interior, Environment, and Related Agencies Appropriations Act, 2009
- Department of the Interior, Environment, and Related Agencies Appropriations Act, 2009 - Makes appropriations for the Department of the Interior, the Environmental Protection Agency (EPA), and related agencies for FY2009.
Title I: Department of the Interior
- Makes appropriations for FY2009 to the Department of the Interior for Bureau of Land Management (BLM) for: (1) land and resource management; (2) construction; (3) land acquisition; (4) Oregon and California grant lands; (5) range improvements; (6) service charges, deposits, and forfeitures with respect to public lands; and (7) miscellaneous trust funds. Rescinds unobligated amounts available from proceeds from: (1) the sale of water; and (2) receipts from mineral leasing activities on certain naval oil shale reserves. Requires BLM to collect mining law administration fees in FY2009 and thereafter.
Appropriates funds to the U.S. Fish and Wildlife Service (FWS) for: (1) resource management; (2) construction; (3) land acquisition; (4) the National Wildlife Refuge Fund; (5) financial assistance for projects to promote the conservation of neotropical migratory birds; (6) expenses related to carrying out the Endangered Species Act of 1973, the North American Wetlands Conservation Act, the African Elephant Conservation Act, the Asian Elephant Conservation Act of 1997, the Rhinoceros and Tiger Conservation Act of 1994, the Great Ape Conservation Act of 2000, and the Marine Turtle Conservation Act of 2004; and (7) wildlife conservation grants.
Rescinds: (1) unobligated balances made available in the Department of the Interior and Related Agencies Appropriations Act, 1991 to carry out the Anadromous Fish Conservation Act; (2) a specified amount of unobligated balances available for endangered species; and (3) unobligated balances available for the Wildlife Conservation and Appreciation Fund from prior year appropriations.
Makes appropriations to the National Park Service (NPS) for: (1) the National Park System (including expenses for carrying out programs of the U.S. Park Police); (2) expenses for national recreation and preservation programs; (3) expenses related to carrying out the Historic Preservation Act of 1966 and the Omnibus Parks and Public Lands Management Act of 1996; (4) construction; and (5) land acquisition and state assistance from the Land and Water Conservation Fund.
Rescinds: (1) unobligated balances in the Historic Preservation Fund; (2) unobligated balances in the Federal Infrastructure Improvement Fund; (3) specified contract authority to obligate funds from the Land and Water Conservation Fund for FY2009; and (4) specified amounts of unobligated balances under the Land and Water Conservation Fund for state assistance and the Urban Park and Recreation Fund.
Makes appropriations for: (1) the U.S. Geological Survey for surveys, investigations, and research; (2) the Minerals Management Service for royalty and offshore minerals management and oil spill research; (3) the Office of Surface Mining Reclamation and Enforcement for regulation and technology and the Abandoned Mine Reclamation Fund; (4) the Bureau of Indian Affairs (BIA) for operation of Indian programs, construction, Indian land and water claim settlements and miscellaneous payments to Indians, and Indian guaranteed loans; (5) the Office of the Secretary for departmental offices; (6) assistance to U.S. Territories and to carry out the Compacts of Free Association with respect to the Marshall Islands, Palau, and Micronesia; (7) the Office of the Solicitor; (8) the Office of Inspector General; (9) the Office of the Special Trustee for American Indians for the operation of trust programs for Indians; (10) the Department of the Interior for wildland fire management; (11) the Central Hazardous Materials Fund; and (12) the Department of the Interior for natural resource damage assessment and restoration.
Rescinds: (1) a specified amount of unobligated balances available under the Abandoned Mine Reclamation Fund; and (2) unobligated balances for management of federal lands for subsistence uses.
Sets forth authorized and prohibited uses of funds.
(Sec. 108) Requires the FWS, in carrying out its responsibilities to protect threatened and endangered species of salmon, to implement a system of mass marking of salmonid stocks, intended for harvest, that are released from federally operated or financed hatcheries, including fish releases of coho, chinook, and steelhead species. Requires marked fish to have a visible mark that can be readily identified by commercial and recreational fishers.
(Sec. 109) Prohibits the use of appropriated funds to study or implement any plan to drain Lake Powell or reduce the water level below the range required for operation of the Glen Canyon Dam.
(Sec. 111) Authorizes the Minerals Management Service to accept in FY2009 contributions of money and services to conduct work in support of the orderly exploration and development of Outer Continental Shelf resources.
(Sec. 115) Applies penalties under the Federal Oil and Gas Royalty Management Act to specified leases authorizing exploration for or development of coal, any other solid mineral, or any geothermal resource on federal or Indian lands and any lease, easement, right of way, or other agreement for use of the Outer Continental Shelf or specified resources under the Outer Continental Shelf Lands Act.
Title II: Environmental Protection Agency
- Makes appropriations for FY2009 to the Environmental Protection Agency (EPA) for: (1) science and technology; (2) environmental programs and management; (3) the Office of Inspector General; (4) buildings and facilities; (5) the Hazardous Substance Superfund; (6) the Leaking Underground Storage Tank Trust Fund Program; (7) expenses to carry out EPA 's responsibilities under the Oil Pollution Act of 1990 concerning oil spill response; and (8) state and tribal assistance grants for environmental programs and infrastructure assistance.
Sets forth authorized and prohibited uses of funds.
Rescinds a specified amount from unobligated balances for carrying out projects and activities funded through the State and Tribal Assistance Grants Account.
Title III: Related Agencies
- Makes appropriations for FY2009 to the Department of Agriculture for the Forest Service for: (1) forest and rangeland research; (2) state and private forestry; (3) the National Forest System; (4) capital improvement and maintenance; (5) land acquisitions, including specified National Forest areas in Utah, Nevada, and California; (6) range rehabilitation, protection, and improvement; (7) gifts, donations, and bequests for forest and rangeland research; (8) federal land management in Alaska; and (9) wildland fire management.
Rescinds a specified amount of unobligated balances in the National Forest System.
Makes appropriations for FY2009 to the Department of Health and Human Services (HHS) for: (1) the Indian Health Service (IHS); and (2) the National Institutes of Health (NIH) for the National Institute of Environmental Health Sciences and the Agency for Toxic Substances and Disease Registry (ATSDR). Prohibits ATSDR from using funds appropriated for toxic substances and environmental public health to issue in excess of 40 toxicological profiles pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 during FY2009. Allows existing profiles to be updated as necessary.
Makes appropriations to the: (1) Council on Environmental Quality and Office of Environmental Quality; (2) Chemical Safety and Hazard Investigation Board; (3) Office of Navajo and Hopi Indian Relocation; (4) Institute of American Indian and Alaska Native Culture and Arts Development; (5) Smithsonian Institution, including the Legacy Fund for major restoration, renovation, and rehabilitation of existing Smithsonian facilities; (6) National Gallery of Art; (7) John F. Kennedy Center for the Performing Arts; (8) Woodrow Wilson International Center for Scholars; (9) National Foundation on the Arts and the Humanities, including the National Endowment for the Arts (NEA), and the National Endowment for the Humanities; (10) Commission of Fine Arts, including expenses for National Capital Arts and Cultural Affairs; (11) Advisory Council on Historic Preservation; (12) National Capital Planning Commission; (13) U.S. Holocaust Memorial Museum; (14) Presidio Trust Fund; and (15) the Dwight D. Eisenhower Memorial Commission.
Title IV: General Provisions
- Sets forth limitations on the use of funds under this Act.
(Sec. 405) Requires: (1) estimated overhead charges, deductions, reserves or holdbacks from programs, projects, activities, and subactivities to support government-wide, departmental, agency, or bureau administrative functions or headquarters, regional, or central operations to be presented in annual budget justifications and to be subject to approval by the House and Senate Committees on Appropriations; and (2) changes to such estimates to be presented to such Committees for approval.
(Sec. 407) Prohibits funds from being: (1) used for the sale of timber from giant sequoias located on National Forest System or BLM lands in a manner different than how such sales were conducted in FY2006; (2) obligated or expended to accept or process applications for a patent for any mining or mill site claim located under the general mining laws, with specified exemptions; or (3) expended to conduct leasing and related activities under either the Mineral Leasing Act or the Outer Continental Shelf Lands Act within the boundaries of specified National Monuments.
(Sec. 412) Permits the Secretaries of Agriculture and of the Interior to make reciprocal agreements in which the individuals furnished to provide fire management services are considered employees of the foreign country receiving the services for purposes of tort liability. Prohibits the Secretaries from making any agreement in which a foreign country does not assume responsibility for acts or omissions of American firefighters in such country.
(Sec. 414) Prohibits funds from being used: (1) for competitive sourcing studies and any related activities involving Forest Service personnel; or (2) to promulgate or implement EPA's proposed regulations concerning national emission standards for hazardous air pollutants.
(Sec. 418) Authorizes the Secretaries of the Interior and Agriculture to continue the Service First initiative through 2011.
(Sec. 424) Requires the Administrator of the EPA, no later than June 30, 2009, to reconsider, and confirm or reverse the decision to deny California's request to regulate greenhouse gas emissions from new motor vehicles.
(Sec. 425) Prohibits funding from being used to implement the final rule promulgated by the Administrator of EPA entitled "Toxics Release Inventory Burden Reduction Final Rule." Nullifies such rule.
(Sec. 429) Authorizes the Secretary of the Interior and the Secretary of Commerce to withdraw or reissue the final rule relating to "Interagency Cooperation under the Endangered Species Act" issued by the FWS and the National Marine Fisheries Service, and authorizes the Secretary of the Interior to withdraw or reissue the rule relating to "Endangered and Threatened Wildlife and Plants: Special Rule for Polar Bear" issued by the Department of the Interior, within 60 days and without regard to any provision of law that establishes a requirement for such withdrawal.
Division F: Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2009
- Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2009 -
Title I: Department of Labor
- Department of Labor Appropriations Act, 2009 - Makes appropriations for FY2009 to the Department of Labor, including for: (1) the Employment and Training Administration, including training and employment services; (2) community service employment for older Americans; (3) federal unemployment benefits and allowances; (4) state unemployment insurance and employment service operations; (5) advances to the Unemployment Trust Fund and to the Black Lung Disability Trust Fund; (6) administering employment and training programs; (7) the Employee Benefits Security Administration; (8) the Pension Benefit Guaranty Corporation; (9) the Employment Standards Administration; (10) certain special benefits, including benefits for disabled coal miners; (11) the Energy Employees Occupational Illness Compensation Fund; (12) the Black Lung Disability Trust Fund; (13) the Occupational Safety and Health Administration (OSHA); (14) the Mine Safety and Health Administration; (15) the Bureau of Labor Statistics; (16) the Office of Disability Employment Policy; (17) departmental management; (18) the Office of Job Corps; (19) veterans employment and training; and (20) the Office of Inspector General.
Sets forth authorized uses of, and limitations on, funds and transfers of funds appropriated under this title.
(Sec. 101) Prohibits use of Job Corps funds under this title to pay individual compensation at a rate in excess of Executive Level I.
(Sec. 102) Allows not more than 1% of discretionary funds for the current fiscal year for the Department of Labor in this Act to be transferred between a program, project, or activity. Prohibits any increase of any such program, project, or activity by more than 3% by any such transfer.
(Sec. 103) Prohibits funds under this Act from being obligated or expended to procure goods mined, produced, manufactured, or harvested or services rendered, in whole or in part, by forced or indentured child labor in industries and host countries already identified by the Department of Labor prior to enactment of this Act, in accordance with a specified executive order.
(Sec. 104) Directs the Secretary of Labor, after September 30, 2008, to issue a monthly transit subsidy to Department of Labor employees in the National Capital Region in an amount of not less than $115.
(Sec. 105) Prohibits the obligation of funds appropriated in this title for demonstration and pilot (including dislocated worker demonstration and pilot), multiservice, research, and multistate projects under the Workforce Investment Act prior to the Secretary of Labor's submission to Congress of a plan detailing the uses of such funds.
(Sec. 106) Authorizes appropriations to the Denali Commission to conduct job training of the local workforce where Denali Commission projects will be constructed.
(Sec. 107) Prohibits the use of funds made available to the Department of Labor for job training grants under the American Competitiveness and Workforce Improvement Act of 1998 for any purpose other than training in the occupations and industries for which employers are using H-1B visas to hire foreign workers.
(Sec. 108) Prohibits the obligation of funds for the award of community-based and other specified job training grants on a noncompetitive basis.
(Sec. 110) Prohibits the use of funds made available in this or any other Act to finalize or implement regulations under the Workforce Investment Act of 1998, the Wagner-Peyser Act of 1933, or the Trade Adjustment Assistance Reform Act of 2002, until legislation reauthorizing the Workforce Investment Act of 1998 or the Trade Adjustment Assistance Reform Act is enacted.
(Sec. 111) Prohibits recipients of employment and training funds from using them to pay the salary and bonuses of an individual at a rate in excess of Executive Level II, with an exception for specified vendors.
Title II: Department of Health and Human Services
- Department of Health and Human Services Appropriations Act, 2009 - Makes appropriations for FY2009 to the Department of Health and Human Services (HHS) for: (1) the Health Resources and Services Administration; (2) the Centers for Disease Control and Prevention (CDC); (3) the National Institutes of Health (NIH); (4) the Substance Abuse and Mental Health Services Administration; (5) the Agency for Healthcare Research and Quality; (6) the Centers for Medicare and Medicaid Services; (7) the Administration for Children and Families; (8) the Administration on Aging; and (9) the Office of the Secretary.
(Sec. 209) Prohibits the use of funds for voluntary family planning projects unless the applicant certifies that it encourages family participation in the decision of minors to seek family planning services and that it provides counseling to minors on how to resist attempts to coerce minors into engaging in sexual activities.
(Sec. 210) Prohibits any provider of voluntary planning services under the Public Health Service Act from being exempt from any state law requiring notifications or the reporting of child abuse, child molestation, sexual abuse, rape, or incest.
(Sec. 211) Prohibits the use of funds to carry out the Medicare Advantage program if the Secretary of Health and Human Services denies participation in such program to an otherwise eligible entity because it will not provide, pay for, provide coverage of, or provide referrals for abortions.
(Sec. 212) Prohibits the use of funds to withhold substance abuse funding from a state that fails to enforce state laws prohibiting the sale of tobacco products to individuals under the age of 18 if such state certifies to the Secretary that it will commit additional funds to ensure compliance with such laws. Sets forth requirements for states that miss the retailer compliance rate goal established by the Secretary.
(Sec. 213) Allows the Secretary to exercise certain authority in order to carry out international health activities, including HIV/AIDS and other infectious disease, chronic and environmental disease, and other health activities, during FY2009.
(Sec. 217) Directs the Director of the National Institutes of Health (NIH) to require in the current fiscal year and thereafter that all investigators funded by the NIH submit or have submittted for them to the National Library of Medicine's PubMed Central an electronic version of their final peer-reviewed manuscripts upon acceptance for publication. Requires the NIH to implement the public access policy in a manner consistent with copyright law.
(Sec. 219) Makes available: (1) 1% of the amount made available for National Research Service Awards (NRSA) to the Administrator of the Health Resources and Services Administration to make NSRA awards for research in primary medical care to individuals affiliated with entities who have received certain grants or contracts under the Public Health Service Act; and (2) another 1% of such amount to the Director of the Agency for Healthcare Research and Quality to make NRSA awards for health service research.
(Sec. 221) Amends title XIX (Medicaid) with respect to the Medicaid drug rebate program to revise the limitation on sales at a nominal price (which calculation of the best price for rebate purposes shall not take into account) to include sales of certain drugs at nominal prices to specified tax-exempt charitable organizations.
(Sec. 222) Raises the ceiling on the number of regular commissioned Public Health Service Regular Corps officers.
(Sec. 223) Requires the Secretary of Health and Human Services to issue an advance notice of proposed rulemaking regarding conflicts of interest among extramural investigators receiving grant support from NIH.
(Sec. 224) Names hearing screening programs authorized under the Public Health Service Act as the James T. Walsh Universal Newborn Hearing Screening Program.
(Sec. 225) Rescinds a specified amount of funding under the Ticket to Work and Work Incentives Improvement Act of 1999 and places a limit on the aggregate amount of payments made by the Secretary to states under such Act.
Title III: Department of Education
- Department of Education Appropriations Act, 2009 - Makes appropriations for FY2009 to the Department of Education for: (1) education for the disadvantaged; (2) impact aid; (3) school improvement programs; (4) Indian education; (5) innovation and improvement activities; (6) safe schools and citizenship education; (7) English language acquisition and language enhancement; (8) special education; (9) rehabilitation services and disability research; (10) special institutions for persons with disabilities, including the American Printing House for the Blind, the National Technical Institute for the Deaf, and Gallaudet University; (11) career, technical, and adult education; (12) certain student financial assistance programs (including deferral of funds), as well as federal administrative expenses for such programs (setting a maximum individual Pell Grant amount); (13) specified higher education programs; (14) Howard University; (15) the college housing and academic facilities loans program; (16) the historically Black college and university capital financing program account; (17) the Institute of Education Sciences; and (18) departmental management, including program administration, the Office for Civil Rights, and the Office of the Inspector General.
Sets the maximum individual Pell Grant amount at $4,860 during award year 2009-2010.
Sets forth authorized uses of, and limitations on, funds appropriated under this title.
(Sec. 301) Prohibits the use of funds to transport teachers or students in order to: (1) overcome racial imbalance in any school; or (2) carry out a racial desegregation plan.
(Sec. 302) Prohibits the use of funds to require, directly or indirectly, the transportation of any student to a school other than the school nearest the student's home, except, for a student requiring special education, to the school offering such special education, in order to comply with title VI of the Civil Rights Act of 1964. Declares that such a prohibited indirect requirement of transportation of students includes the transportation of students to carry out a plan involving the reorganization of the grade structure of schools, the pairing of schools, or the clustering of schools, or any combination of grade restructuring, pairing or clustering. Exempts the establishment of magnet schools from such prohibition.
(Sec. 303) Prohibits the use of funds to prevent the implementation of programs of voluntary prayer and meditation in public schools.
(Sec. 304) Allows the transfer between appropriations of not more than 1% of discretionary funds for the current fiscal year for the Department of Education in this Act. Prohibits any increase of any such appropriation by more than 3% by any such transfer.
(Sec. 305) States that the signature pages submitted by Heart School District in Pondera County, Montana, as part of its application for Impact Aid under title VIII of the Elementary and Secondary Education Act of 1965, shall be considered to have been timely and complete in order to receive funding under such program for FY 2009.
(Sec. 306) Allows Outlining Areas to consolidate funds received under title V of the Elementary and Secondary Education Act.
Title IV: Related Agencies
- Makes appropriations for FY2009 to: (1) the Committee for Purchase From People Who Are Blind or Severely Disabled; (2) the Corporation for National and Community Service, for domestic volunteer service programs and the Office of Inspector General; (3) the Corporation for Public Broadcasting; (4) the Federal Mediation and Conciliation Service; (5) the Federal Mine Safety and Health Review Commission; (6) the Institute of Museum and Library Services; (7) the Medicare Payment Advisory Commission; (8) the National Council on Disability; (9) the National Labor Relations Board; (10) the National Mediation Board; (11) the Occupational Safety and Health Review Commission; (12) the Railroad Retirement Board, including its Office of Inspector General; and (13) the Social Security Administration, including payments to the Social Security trust funds, the Supplemental Security Income (SSI) Program, and the Office of Inspector General.
(Sec. 401) Defines "qualified student loan," with respect to national service education awards, as any loan determined by an institution of higher education to be necessary to cover a student's cost of attendance at such institution and made, insured, or guaranteed directly to a student by a state agency, in addition to other meanings under the National and Community Service Act of 1990 (the Act through out this title).
(Sec. 402) Allows funds made available under such Act to assist entities in placing applicants with disabilities to be provided to any entity that receives a grant under it.
(Sec. 403) Requires the Corporation for National and Community Service to make any significant changes to program requirements, service delivery, or policy only through public notice and comment rulemaking.
Prohibits, for FY2009 and during any grant selection process, an officer or employee of the Corporation from knowingly disclosing any covered grant selection information regarding such selection, directly or indirectly, to any person other than an authorized officer or employee of the Corporation.
(Sec. 404) Allows Professional Corps programs that recruit and place qualified participants in certain educational, health, and other professional positions to apply for waiver of the requirement that any such program desiring to provide living allowances in excess of the authorized maximum submit an allowance application to the Corporation on a competitive basis.
(Sec. 405) Authorizes the Corporation to solicit and accept the services of organizations and individuals (other than participants) to assist in carrying out its duties under the national service laws.
Subjects an individual who provides such services to the same protections and limitations as volunteers under the Act.
(Sec. 406) Requires organizations operating projects under the AmeriCorps Education Awards Program to do so without regard to certain requirements relating to: (1) the 5% limitation on administrative costs; (2) matching funds; (3) living allowances and other inservice benefits; (4) ineligible service categories; (5) living allowances; (6) health insurance; and (7) child care.
(Sec. 407) Requires AmeriCorps programs receiving grants under the National Service Trust program to meet an overall minimum share requirement of 24% for the first three years that they receive AmeriCorps funding, and thereafter to meet the overall minimum share requirement of specified regulations, without regard to the operating costs match requirement or the member support federal share limitations in the Act.
(Sec. 408) Allows formula-based grants to states and territories under the National and Community Service Act of 1990 to operate AmeriCorps programs to be made if the application describes positions into which participants will be placed, the proposed minimum qualifications of such participants, and includes assurances that: (1) the state will select national service programs for subgrants on a competitive basis; and (2) the aforementioned information will be provided for each subgrant awarded prior to its execution.
(Sec. 409) Allows the transfer of any unobligated funds available for grants under the National Service Trust Program to the National Service Trust.
(Sec. 410) Requires application of a certain formula under the National and Community Service Act of 1990 to ensure that each state shall receive a minimum of $500,000 in state formula funds allocated by the Corporation for National and Community Service.
(Sec. 411) Gives the Corporation for National and Community Service flexibility to extend up to six months the service terms of individuals in an approved national service position performing full-time or part-time national service directly related to disaster relief efforts.
(Sec. 412) Requires that donations made to the Corporation be used to supplement and not supplant current programs and operations.
Title V: General Provisions
- Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.
(Sec. 501) Authorizes the Secretaries of Labor, of Health and Human Services, and of Education to transfer unexpended balances of prior appropriations to accounts corresponding to current appropriations provided in this Act, to be used for the same purpose, and for the same periods of time, for which they were originally appropriated.
(Sec. 505) Bars use of funds to carry out any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug.
(Sec. 507) Prohibits the expenditure of funds appropriated in this Act, and in any trust fund to which funds are appropriated in this Act, for: (1) any abortion; or (2) health benefits coverage that includes coverage of abortion.
(Sec. 508) Declares that this prohibition does not apply: (1) if the pregnancy is the result of an act of rape or incest; or (2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed.
Declares that nothing in Sec. 507 shall be construed as: (1) prohibiting the expenditure by a state, locality, entity, or private person of state, local, or private funds (other than Medicaid matching funds); or (2) restricting the ability of any managed care provider from offering abortion coverage or the ability of a state or locality to contract separately with such a provider for such coverage with state funds (other than Medicaid matching funds).
Bars the availability of funds to a federal agency or program, or to a state or local government, if it subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions.
(Sec. 509) Prohibits the use of funds made available in this Act for: (1) the creation of a human embryo or embryos for research purposes; or (2) research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under certain federal regulations and the Public Health Service Act.
(Sec. 510) Bars the use of funds for activities promoting the legalization of any drug or other substance included in schedule I of the schedules of controlled substances under the Controlled Substances Act, except for normal and recognized executive-congressional communications.
Makes such limitation inapplicable when there is significant medical evidence of a therapeutic advantage to the use of such drug or other substance or that federally sponsored clinical trials are being conducted to determine therapeutic advantage.
(Sec. 511) Bars the use of funds to promulgate or adopt any final standard under the Social Security Act providing for, or providing for the assignment of, a unique health identifier for an individual (except in an individual's capacity as an employer or a health care provider), until legislation is enacted specifically approving the standard.
(Sec. 512) Bars the obligation or expenditure of funds to enter into or renew a contract with an entity if: (1) it is otherwise a contractor with the United States and is subject to the requirement regarding submission of an annual report to the Secretary of Labor concerning employment of certain veterans; and (2) it has not submitted the required report for the most recent applicable year.
(Sec. 513) Prohibits the transfer of funds made available in this Act to any federal department, agency, or instrumentality, except pursuant to an appropriation Act.
(Sec. 514) Prohibits the availability of certain funds designated to carry out the Library Services and Technology Act from being made available to certain libraries covered by such Act, as amended by the Children's Internet Protection Act, unless such libraries have made the required certifications of such Act.
(Sec. 515) Prohibits the availability of certain funds designated to carry out part D of title II of the Elementary and Secondary Education Act of 1965 from being made available to certain elementary or secondary schools covered by such Act, as amended by the Children's Internet Protection Act and the No Child Left Behind Act, unless the local educational agency (LEA) with responsibility for such covered school has made the required certifications.
(Sec. 517) Prohibits the use of funds to: (1) request that a candidate for appointment to a federal scientific advisory committee disclose his or her political affiliation or voting history or the position he or she holds with respect to political issues not directly related to and necessary for the work of the committee involved; or (2) disseminate scientific information that is deliberately false or misleading.
(Sec. 518) Requires each department and related agency funded through this Act, within 45 days of enactment of this Act, to submit an operating plan that details at the program, project, and activity level any funding allocations for FY2009 that are different than those specified in this Act, the accompanying detailed table in the explanatory statement (in the February 23, 2009, issue of the Congressional Record), or the FY2009 budget request.
(Sec. 519) Prohibits the use of funds in this Act to employ unauthorized aliens as defined in the Immigration and Nationality Act.
(Sec. 520) Requires the Secretaries of Labor, of Health and Human Services, and of Education each to report to the congressional appropriations committees on the number, amount, and other specified details of contracts, non-formula grants, and cooperative agreements exceeding $100,000 in value and awarded by the Department on a noncompetitive basis during each quarter of FY2009.
(Sec. 521) Prohibits the use of funds under this Act to enter into a contract in an amount greater than $5 million, or to award a grant in excess of such amount, unless the prospective contractor or grantee certifies in writing to the awarding agency that, to the best of its knowledge and belief, it: (1) has filed all federal tax returns required during the three years preceding the certification; (2) has not been convicted of a criminal offense under the Internal Revenue Code; and (3) has not, more than 90 days before certification, been notified of any unpaid federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise approved by the Internal Revenue Service (IRS) and not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.
(Sec. 522) Prohibits the expenditure or obligation of funds by the Commissioner of Social Security to process claims for credit for quarters of Social Security coverage: (1) based on work performed under a Social Security account number that was not the claimant's number; and (2) performance of such work under such number has formed the basis for a criminal conviction of the claimant for willingly, knowingly, and with intent to deceive furnishing the Commissioner with false information.
(Sec. 523) Revises division A of the American Recovery and Reinvestment Act of 2009 to make technical amendments with respect to the State Fiscal Stabilization Fund of the Department of Education.
Makes an exception to the prohibition against recipient use of federal funds to provide financial assistance to students to attend private elementary or secondary schools. Allows such a use of funds to provide special education and related services to children with disabilities, as authorized by the Individuals with Disabilities Education Act.
Revises a specified condition for waiver or modification of certain requirements in order to relieve the fiscal burdens on states and local educational agencies. Applies such condition exclusively to the state, repealing its application to local educational agencies.
Title VI: Afghan Allies Protection Act of 2009
- Afghan Allies Protection Act of 2009 - (Sec. 602) Authorizes the Secretary of Homeland Security (Secretary), or the Secretary of State in consultation with the Secretary, to provide special immigrant status for an Afghan citizen or national (and accompanying or surviving spouse or child) who: (1) was or is employed (on or after October 7, 2001) for at least one year by, and provided documented valuable service to, the U.S. Government in Afghanistan; and (2) has experienced, or is experiencing an ongoing threat as a result of such service.
Limits, with specified carryovers, the total number of principal aliens who may be provided special immigrant status to 1,500 for each of FY2009-FY2013.
Makes such aliens eligible for resettlement and other refugee assistance.
Authorizes the Secretary to adjust such an alien's status to permanent resident if the alien: (1) was paroled or admitted as a nonimmigrant into the United States; and (2) is otherwise eligible for special immigrant status.
Directs the Secretary to report annually to the appropriate congressional regarding the number of citizens or nationals of Afghanistan or Iraq who have applied for such special immigrant status.
Directs the Secretary, the Administrator of the United States Agency for International Development (USAID), the Secretary of Defense, the Secretary of State, and the Secretary of the Treasury to compile information regarding Afghan citizens or nationals employed by the United States or federal contractors in Afghanistan.
Directs the Secretary of Defense to report to the appropriate congressional committees regarding options for establishing a unified and classified database of information related to contracts, grants, or cooperative agreements entered into by executive agencies for the performance of work in Afghanistan since October 7, 2001.
Division G: Legislative Branch Appropriations Act, 2009
- Legislative Branch Appropriations Act, 2009 -
Title I: Legislative Branch
- Makes appropriations to the Senate for FY2009 for: (1) expense allowances; (2) representation allowances for the Majority and Minority Leaders; (3) salaries of specified officers, employees, and committees (including the Committee on Appropriations); (4) agency contributions for employee benefits; (5) inquiries and investigations; (6) the U.S. Senate Caucus on International Narcotics Control; (7) the Offices of the Secretary and of the Sergeant at Arms and Doorkeeper of the Senate; (8) miscellaneous items; (9) the Senators' Official Personnel and Office Expense Account; and (10) official mail costs.
(Sec. 1) Increases by $50,000 the gross compensation paid all employees in the office of a Senator, according to a specified table.
(Sec. 2) Amends the Supplemental Appropriations Act, 1977 to increase the maximum number of individual consultants from: (1) eight to nine the Majority and Minority Leaders may each appoint; and (2) two to three the President pro tempore of the Senate may appoint.
Makes appropriations to the House of Representatives for FY2009 for: (1) salaries and expenses of the House leadership offices, committees (including the Committee on Appropriations), officers and employees, and the Child Care Center; and (2) Members' representational allowances.
(Sec. 101) Requires deposit in the Treasury of any amounts of a Member's representational allowance for FY2009 remaining after all payments are made, to be used for federal deficit reduction, or, if there is no deficit, for federal debt reduction.
(Sec. 102) Requires the Chief Administrative Officer (CAO) of the House to deposit all amounts received as promotional rebates and incentives on credit card purchases, balances, and payments into the House Services Revolving Fund under the Legislative Branch Appropriations Act, 2005.
(Sec. 103) Amends the Legislative Branch Appropriations Act, 1993 to require amounts appropriated for any fiscal year for the House for allowances and expenses to be transferred to the AOC and made available for the House office buildings, subject to the approval of the House Committee on Appropriations.
(Sec. 104) Increases the aggregate amount otherwise authorized to be appropriated for a fiscal year for the lump-sum allowance for the office of: (1) the Majority and Minority Floor Leaders, respectively, for FY2008 and each succeeding fiscal year; and (2) the Majority and Minority Whips, respectively, for FY2009 and each succeeding fiscal year.
(Sec. 105) Amends the Legislative Branch Appropriations Act, 1993 to permit merger of amounts appropriated for any fiscal year for the House with various categories of allowances and expenses, offices and activities, and other appropriations headings among which, under current law, they may be transferred. Excludes appropriations for: (1) Members' clerk hire; (2) standing committees, special and select; (3) the House Information Systems; and (4) official mail costs.
(Sec. 106) Amends the Legislative Branch Appropriations Act, 1992 to permit the House Child Care Center (subject to the approval of regulations by the House Committee on House Administration) to furnish child care for school age children, except during the course of the ordinary school day.
Makes appropriations for salaries and/or expenses of: (1) the Joint Economic and Joint Taxation Committees; (2) the Office of the Attending Physician; (3) the Office of Congressional Accessibility Services; (4) the Capitol Guide Service and Special Services Office; (5) the preparation of statements of appropriations; (6) the Capitol Police; (7) the Office of Compliance; (8) the Congressional Budget Office (CBO); and (9) the Architect of the Capitol (AOC), including for the care and operation of the buildings, grounds, and security of the Senate, the House, the Capitol power plant, the Library of Congress, the Capitol Police, the Botanic Garden, and the Capitol Visitor Center (CVC).
(Sec. 1101) Authorizes the AOC to establish a program for the collection and sale of recyclable materials collected from or on the Capitol buildings and grounds, in accordance with specified federal law governing the sale of surplus property by an executive agency. Excludes any materials subject to collection and sale under other specified law.
Establishes a revolving fund in the Treasury for the Office of the AOC consisting of appropriations and proceeds from the sale of such recyclable materials.
Makes the revolving fund available to the AOC to carry out the recycling program and other AOC-authorized programs and activities to improve the environment and promote energy savings.
(Sec. 1102) Authorizes the AOC to acquire real property by lease for the use of the Library of Congress in any state or the District of Columbia if: (1) the AOC and the Librarian of Congress submit a joint request to the Joint Committee on the Library and to the congressional appropriations committees; and (2) each committee approves the request.
Appropriates funds for: (1) the Library of Congress for salaries and expenses, the Copyright Office, the Congressional Research Service (CRS), and Books for the Blind and Physically Handicapped; (2) the Government Printing Office (GPO); (3) the Government Accountability Office (GAO); (4) a payment to the Open World Leadership Center Trust Fund; and (5) a payment to the John C. Stennis Center for Public Service Development Trust Fund.
(Sec. 1201) Authorizes the expenditure of up to $5,000 in connection with official representation and reception expenses for the incentive awards program of the Library of Congress.
(Sec. 1202) Establishes an upper limit of $134.212 million for the FY2009 obligational authority of the Library of Congress with regard to certain reimbursable and revolving fund activities.
Authorizes the Librarian of Congress to transfer during FY2009 up to $1.9 million of funds appropriated in this Act for Library of Congress salaries and expenses to the revolving fund for the FEDLINK Program and the Federal Research Program established under the Library of Congress Fiscal Operations Improvement Act of 2000.
(Sec. 1203) Authorizes the transfer of up to 10% of FY2009 Library of Congress appropriations between any of the headings for which the amounts are appropriated, upon the approval of the congressional appropriations committees.
(Sec. 1204) Amends the Abraham Lincoln Bicentennial Commission Act to allow former Members of Congress to continue to serve on the Abraham Lincoln Bicentennial Commission for the life of the Commission. (Eliminates the 30-day termination of such service for a member who ceases to be a Member of Congress.)
(Sec. 1301) Repeals and/or modifies certain GAO audit and reporting requirements with respect to: (1) the Spectrum Relocation Fund under the National Telecommunications and Information Administration Organization Act; (2) the use of surplus funds in projects constructed under their projected cost under the Public Works and Economic Development Act of 1965; (3) a specified GAO study and report on the impact of a safe harbor on Medigap policies under the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; (4) a GAO report on the Date Rape Drug Campaign under the Hillary J. Farias and Samantha Reid Date-Rape Drug Prohibition Act of 2000; (5) the GAO duty to monitor and report annually on the Inspector General's audit of enrollees eligible for Medicaid under title XIX, and biennial GAO reports on the MedicareAdvantage (MA) Regional Plan Stabilization Fund under title XVIII (Medicare), of the Social Security Act; and (6) a GAO study and report on breast implants under the Medical Device User Fee and Modernization Act of 2002.
Repeals the requirement that the Comptroller General report at least once every five years to a specified congressional committee on the disposition of patent rights, and related patent policies and practices, with respect to inventions made with federal assistance.
Title II: General Provisions
- Specifies authorized and prohibited uses of funds appropriated by this Act identical or similar to corresponding provisions of the Legislative Branch Appropriations Act, 2008.
(Sec. 209) Prohibits the use of the funds made available to the AOC in this Act to eliminate guided tours of the U.S. Capitol led by congressional employees and interns.
Allows temporary suspension or restriction of such tours for security or related reasons to the same extent as guided tours of the U.S. Capitol led by the AOC.
(Sec. 210) Prohibits the use of the funds under this Act by the Inspector General of the AOC or of the Library of Congress to purchase, maintain, or carry firearms.
Division H: Department of State, Foreign Operations, and Related Programs Appropriations Act, 2009
- Department of State, Foreign Operations, and Related Programs Appropriations Act, 2009 -
Title I: Department of State and Related Agency
- Makes FY2009 appropriations for the Department of State (Department) for: (1) administration of foreign affairs and diplomatic and consular programs; (2) the civilian stabilization initiative; (3) the Capital Investment Fund; (4) the Office of Inspector General; (5) educational and cultural exchange programs; (6) representation allowances; (7) protection of foreign missions and officials; (8) U.S. embassy security, construction, and maintenance; (9) emergencies in the diplomatic and consular service; (10) buying power maintenance account; (11) the repatriation loans program account; (12) the American Institute in Taiwan; (13) the Foreign Service Retirement and Disability Fund; (14) international organizations, peacekeeping, and commissions; (15) the International Boundary and Water Commission, United States and Mexico; (16) plan preparation and construction of authorized projects; (17) the International Joint Commission and the International Boundary Commission, United States and Canada; (18) international fisheries commissions; (19) international broadcasting operations; (20) the Asia Foundation; (21) the United States Institute for Peace; (22) the Center for Middle Eastern-Western Dialogue Trust Fund; (23) the Eisenhower Exchange Fellowships, Incorporated; (24) the Israeli Arab Scholarship Program; (25) East-West Center, Hawaii; (26) the National Endowment for Democracy; (27) the Commission for Preservation of America's Heritage Abroad; (28) the United States Commission on International Religious Freedom; (29) the Commission on Security and Cooperation in Europe; (30) the Congressional-Executive Commission on the People's Republic of China; (31) the United States-China Economic and Security Review Commission; and (32) the United States Senate-China Interparliamentary Group.
Title II: United States Agency for International Development
- Makes FY2009 appropriations to the United States Agency for International Development (USAID) for: (1) operating expenses; (2) a civilian stabilization initiative; (3) capital investments and information technology; and (4) the Office of Inspector General.
Title III: Bilateral Economic Assistance
- Makes FY2009 appropriations for: (1) expenses of the President in carrying out certain programs under the Foreign Assistance Act of 1961; (2) global health and child survival; (3) specified development assistance; (4) international disaster assistance; (5) democratic transition assistance; (6) development credit authority; (7) the Economic Support Fund; (8) promotion of democracy; (9) the International Fund for Ireland; (10) assistance for Europe, Eurasia, and Central Asia; (11) international narcotics control and law enforcement; (12) counterdrug activities in the Andean region of South America; (13) nonproliferation, antiterrorism, and demining related programs; (14) migration and refugee assistance and the United States Emergency refugee and Migration Assistance Fund; (15) the Peace Corps; (16) the Millennium Challenge Corporation; (17) the Inter-American Foundation; (18) the African Development Foundation; and (19) the Department of the Treasury for international affairs technical assistance activities and debt restructuring.
Title IV: International Security Assistance
- Makes FY2009 appropriations for: (1) international peacekeeping operations; (2) international military education and training; and (3) foreign military financing grants.
Title V: Multilateral Assistance
- Makes FY2009 appropriations for: (1) specified international programs under the Foreign Assistance Act of 1961 and the United Nations Environment Program Participation Act of 1973; (2) the Global Environment Facility of the World Bank; (3) the International Development Association; (4) the Enterprise for the Americas Multilateral Investment Fund; (5) the Asian Development Fund; (6) the African Development Fund; and (7) the International Fund for Agricultural Development.
Title VI: Export and Investment Assistance
- Makes FY2009 appropriations for: (1) the Export-Import Bank, including the Office of Inspector General, direct and guaranteed loan and insurance programs, and administrative expenses; (2) Overseas Private Investment Corporation (OPIC) credit and insurance programs, including administrative expenses, and for the cost of direct and guaranteed loans; and (3) the Trade and Development Agency.
Title VII: General Provisions
- (Sec. 7001) Makes funds under title I of this Act available for consultants and passenger transportation.
(Sec. 7002) Requires any department or agency that receives funds under this Act to provide the Appropriations Committees (Committees) with a quarterly accounting of the cumulative balances of any unobligated funds that it received in this or a previous fiscal year.
(Sec. 7003) Limits expenditures for consulting services through procurement contracts to those contracts where expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law.
(Sec. 7004) Sets forth restrictions on office space for federal employees with respect to U.S. diplomatic facility construction, with an exception for Marine Corps use.
(Sec. 7005) States that costs incurred by an agency or department funded under this Act resulting from personnel actions taken in response to funding reductions shall be absorbed within such agency's or department's budgetary resources. Permits a transfer of funds to cover such costs.
(Sec. 7006) Directs the Secretary of State (Secretary) to certify to the Committees that the Department is implementing the "Review of Controls and Notification for Access to Passport Records in the Department of State's Passport Information Electronic Records System (PIERS)" audit.
(Sec. 7007) Prohibits appropriations under titles III-VI of this Act from being provided to the governments of Cuba, North Korea, Iran, or Syria. Includes Export-Import Bank loans, credits, insurance, and guarantees in such prohibition.
(Sec. 7008) Prohibits appropriations under titles III-VI of this Act from being provided to any country whose elected head of government is deposed by military coup or decree (assistance may be resumed if a democratic government is elected to office).
(Sec. 7009) Limits certain: (1) Department and Broadcasting Board of Governors transfer authority; and (2) export financing transfer authority.
(Sec. 7010) Directs the Secretary to report quarterly to the Committees regarding foreign military financing, training, and peacekeeping fund use.
(Sec. 7011) Prohibits, with specified exceptions, any part of an appropriation under this Act from remaining available for obligation after the expiration of the current fiscal year, unless expressly provided for in this Act.
(Sec. 7012) Prohibits, with a national interest waiver, appropriations under titles III-VI of this Act from being provided to any country in default in excess of a year on payments on a U.S. loan.
(Sec. 7013) Prohibits appropriations under titles III-VI of this Act from being provided to any country under a new bilateral agreement unless such assistance is exempt from taxation, or reimbursed, by the foreign government.
Reprograms withheld funds for assistance to countries that do not tax U.S. assistance or do provide reimbursement.
(Sec. 7014) Permits specifically-designated funds appropriated under titles II-VI of this Act to be reprogrammed for other programs within the same account.
(Sec. 7015) Sets forth reprogramming notification requirements and related provisions.
Prohibits appropriations under titles III-VI of this Act from being obligated or expended for Serbia, Sudan, Zimbabwe, Pakistan, Dominican Republic, Cuba, Iran, Haiti, Libya, Ethiopia, Nepal, Mexico, Cambodia, and specified countries of Central America, except as provided through the regular notification procedures of the Committees.
(Sec. 7016) Requires the Department of Defense (DOD) to notify the Committees before providing excess DOD articles to certain North Atlantic Treaty Organization (NATO) and major non-NATO countries.
(Sec. 7017) Makes appropriations for the Department, foreign operations, and related programs which are returned or not made available for organizations and programs available for obligation until September 30, 2010.
(Sec. 7018) Prohibits the use of development assistance funds for abortions or involuntary sterilizations as methods of family planning, to motivate or coerce any person to practice abortions, or to provide any financial incentive to undergo sterilization.
(Sec. 7019) Sets forth specified allocation provisions.
(Sec. 7020) Prohibits the obligation of certain funds to pay for: (1) alcoholic beverages; or (2) entertainment expenses for recreational activities.
(Sec. 7021) Prohibits, with a national interest waiver, appropriations under titles III-VI of this Act from being provided to a foreign country which provides lethal military equipment to a country that supports international terrorism.
Terminates such prohibition 12 months after a country ceases to provide such equipment. Applies such prohibition to equipment provided under a contract entered into after October 1, 1997.
(Sec. 7022) Prohibits bilateral assistance funds from being provided to any country which the President determines grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism or otherwise supports such activities. Authorizes the President to waive such prohibition for national security and humanitarian reasons.
(Sec. 7024) States that, for purposes of titles II-VI of this Act, "program, project, and activity" shall be defined at the appropriations Act account level and shall include all appropriations and authorization Acts funding directives, ceilings, and limitations, with specified exceptions.
(Sec. 7025) States that unless expressly provided to the contrary funding provisions for the Department, foreign operations, and related programs shall not be construed to prohibit activities under the Peace Corps Act, the Inter-American Foundation Act, or the African Development Foundation Act.
(Sec. 7026) Prohibits appropriations under titles III-VI under this Act, or Bank or OPIC assistance from being used to expand production of any export commodity by a foreign country if the commodity is likely to be in surplus on world markets and will cause substantial injury to U.S. producers of a similar or competing commodity (with exceptions for specified benefits to U.S. Producers or to developing countries).
Directs the Secretary of the Treasury to instruct the U.S. executive directors of specified international financial institutions to oppose any assistance for the production or extraction of any commodity or mineral for export if it is in surplus on world markets and such assistance will cause substantial injury to U.S. Producers of a similar commodity.
(Sec. 7027) Directs the Administrator of USAID to require foreign countries that receive foreign assistance which results in the generation of local currencies to deposit such currencies in a separate account to be used to finance foreign assistance activities.
(Sec. 7028) States that restrictions on assistance to foreign countries contained in this Act or any other Act (except those relating to international terrorism or human rights violations) shall not be construed to restrict specified assistance: (1) in support of certain programs of nongovernmental organizations; or (2) under the Agricultural Trade Development and Assistance Act of 1954 (PL 480) for FY2009.
(Sec. 7029) Prohibits appropriations under titles III-VI of this Act from being used to provide: (1) financial incentives to a business to relocate outside the United States if doing so will reduce the number of U.S. employees; or (2) assistance for any program that contributes to the violation of internationally recognized workers rights in the recipient country.
(Sec. 7030) Prohibits payments to specified international financial institutions while the U.S. Executive director to the institution is compensated at a rate in excess of that for Level IV of the Executive Schedule, or any alternate U.S. director is compensated at a rate in excess of that for Level V of such Schedule.
Directs the Secretary of the Treasury to instruct U.S. Executive directors at specified international financial institutions to oppose any loan, grant, strategy, or policy that would require user fees or service charges on poor people for primary education or primary health care, including prevention and treatment efforts for HIV/AIDS, malaria, tuberculosis, and infant, child, and maternal well-being, in connection with the institution's lending programs.
Directs the Secretary of the Treasury to instruct the U.S. Executive director at the International Monetary Fund (IMF) to oppose any loan, project, agreement, or other program that would not exempt increased government spending on health care or education from national budget caps or restraints, hiring or wage bill ceilings, or other IMF-imposed limits in heavily indebted poor countries.
(Sec. 7031) Authorizes nongovernmental organizations which are USAID grantees or contractors to place funds made available to them under title III of this Act in interest bearing accounts in order to enhance their participation in debt-for-development and debt-for-nature exchanges.
(Sec. 7032) Authorizes the President to engage in certain debt buybacks or sales. Authorizes sale, reduction, or cancellation of certain loans to foreign governments upon payment from an eligible purchaser that plans to use such loans only for: (1) debt-for-equity swaps, debt-for-development swaps, or debt-for-nature swaps; or (2) debt buyback by an eligible country if such country uses specified amounts of local currency to support activities that link conservation with local community development and child development activities.
Limits such authority to funds appropriated by this Act under the heading of debt restructuring.
(Sec. 7033) Authorizes the President to reduce amounts owed to the United States by eligible countries as a result of: (1) housing guarantees made pursuant to the Foreign Assistance Act of 1961; (2) credits extended or guarantees issued under the Arms Export Control Act; and (3) certain export guarantees for U.S. agricultural commodities.
Permits exercise of such authority only: (1) to implement multilateral official debt relief and referendum agreements known as the Paris Club Agreed Minutes; and (2) with respect to countries (IDA-only countries) with heavy debt that are eligible to borrow from the International Development Association (but not from the World Bank).
Prohibits debt reduction for a country whose government: (1) has an excessive level of military expenditures; (2) has repeatedly provided support for acts of international terrorism; (3) is failing to cooperate on international narcotics control matters; or (4) engages in a pattern of human rights violations.
(Sec. 7034) Allows funds appropriated under titles III-VI of this Act for Afghanistan to be made available notwithstanding specified restrictions on: (1) assistance to countries in payment default to the United States; and (2) law enforcement assistance.
Allows funds appropriated under titles III and VI of this Act to be made available to: (1) Iraq, Lebanon, Montenegro, and Pakistan; (2) war victims; (3) displaced children; (4) displaced Burmese; and (5) victims of trafficking in persons and to combat such trafficking.
Authorizes USAID to make an exception to the fair opportunity process under an indefinite-quantity contract for a small or disadvantaged business.
Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005 to extend the provision considering certain Vietnamese nationals to be refugees of special humanitarian concern for purposes of eligibility for in-country refugee processing in Vietnam through FY2010.
Expands authorities under the Foreign Assistance Act of 1961 for civilian police assistance for a regional, district, municipal, or other sub-national entity emerging from instability.
Makes funds available under this Act to assist foreign governments improve prison conditions. Directs the Secretary to designate a Deputy Assistant Secretary of State in the Bureau of Democracy, Human Rights, and Labor who shall have primary diplomatic responsibility for such efforts.
Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 to extend: (1) refugee admission allocations through FY2009 for nationals of an Independent State of the former Soviet Union, Estonia, Latvia, or Lithuania who are current members of the Ukrainian Catholic Church or the Ukrainian Orthodox Church; (2) the refugee admission application period to include applications filed before October 1, 2009; and (3) the qualifying parole residence period through September 30, 2009, for certain nationals of an Independent State of the former Soviet Union, Estonia, Latvia, Lithuania, Vietnam, Laos, or Cambodia to apply for permanent resident status adjustment.
Makes specified funds available for: (1) the world food program; and (2) capital security cost-sharing fees of the Library of Congress.
States that specified funds should be made available for programs to disarm and reintegrate into civilian society former members of foreign terrorist organizations.
Makes specified funds under this Act available for the program for research and training on Eastern Europe and the Independent States of the Former Soviet Union.
Makes specified funds under the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008 available for a grant for nuclear security initiatives relating to North Korea.
Subjects funds for a Middle East Foundation to the regular notification procedures of the Committees.
Authorizes specified funds for the Department, foreign operations, and related programs to be used for critical food shortages.
(Sec. 7035) Expresses the sense of Congress that: (1) the Arab League boycott of Israel (reinstated in 1997), and the secondary boycott of American firms that have commercial ties with Israel, is an impediment to regional peace and to U.S. investment and trade in the Middle East and North Africa and should be terminated; and (2) the President should report annually to Congress on steps taken to encourage Arab League states to normalize their relations with Israel to end the boycott.
(Sec. 7036) Prohibits, with a national security interest waiver, the use of funds under titles III-VI of this Act from being used to support a Palestinian state unless the Secretary certifies to the appropriate committees that: (1) the Palestinian governing entity has demonstrated a commitment to peaceful coexistence with Israel and is taking measures to counter terrorism; and (2) the Palestinian Authority (PA) or a new governing entity is working to establish a lasting peace in the Middle East.
Exempts from such restriction assistance to help reform the PA and affiliated institutions or a newly elected governing entity meet such assistance requirements.
Expresses the sense of Congress that the newly elected governing entity should enact a constitution assuring the rule of law, an independent judiciary, and respect for human rights, and should enact other laws and regulations assuring transparent and accountable governance.
(Sec. 7037) Prohibits, with an exception for acquisition of additional space for the Consulate General in Jerusalem, the obligation of funds appropriated under titles III-VI of this Act to create in Jerusalem a new U.S. agency office for the purpose of conducting U.S. business with the PA over Gaza and Jericho (or any successor Palestinian governing entity) provided for in the Israel-PLO Declaration of Principles.
(Sec. 7038) Prohibits the use of funds under this Act from being used to provide equipment, technical support, consulting services, or any other assistance to the Palestinian Broadcasting Corporation.
(Sec. 7039) Directs the Secretary, prior to obligating economic support funds under this Act for the West Bank or Gaza, to take appropriate steps to ensure that such assistance is not provided to or through any individual or entity that advocates or engages in terrorist activity.
Directs the Secretary, for FY2009, to certify to the Committees prior to the initial obligation of funds for the bilateral West Bank and Gaza program that the Comptroller General will have access to necessary financial information to evaluate the uses of U.S. Assistance
Prohibits funds from being used to honor individuals who commit, or have committed, acts of terrorism.
Requires and obligates funds for program audits.
(Sec. 7040) Prohibits economic support fund assistance under this Act from being provided to the PA unless the President certifies to Congress that it is in the U.S. national interest. States that any such waiver shall: (1) not be for more than six months at a time; and (2) not apply beyond 12 months after enactment of this Act. Requires a report to the Appropriations Committees when such waiver is exercised.
Prohibits appropriations under titles III-VI of this Act from being used for: (1) assistance to the Palestine Liberation Organization (PLO); and (2) salaries of PA personnel in Gaza or for assistance to Hamas or any Hamas-controlled or power-sharing government unless the President certifies to the Committees that Hamas has accepted Israel's right to exist and is adhering to previous agreements with the United States, Israel, and the international community.
(Sec. 7041) Withholds 10% of appropriations under this Act for Middle East Broadcasting Networks until the Broadcasting Board of Governors reports to the Committees with respect to: (1) the independent evaluation of Alhurra programming integrity and adherence to specified standards; and (2) implementation of specified directives regarding Alhurra.
(Sec. 7042) Prohibits funds under this Act from being provided for: (1) permanent base rights agreements with Iraq; and (2) assistance to Iraq, except for the removal and disposal of landmines and other unexploded ordnance, small arms, and light weapons.
(Sec. 7043) Directs the Secretary to report to the Committees regarding sanctions against Iran.
(Sec. 7044) Makes certain appropriations under this Act for assistance for Lebanon available only: (1) to professionalize the Lebanese armed forces and to strengthen border security and combat terrorism; and (2) after the Secretary provides the Committees with a related spending plan.
(Sec. 7045) Makes specified funds under this Act available for labor and environmental capacity building activities relating to the free trade agreements with the countries of Central America, Peru and the Dominican Republic.
Makes the government of Haiti eligible to purchase U.S. defense articles and services for its Coast Guard.
Obligates funds for: (1) Haiti under titles III and VI of this Act; (2) the Dominican Republic for health care, nutrition, sanitation, education, and shelter for migrant workers and other residents of batey communities; (3) Guatemala for the Air Force, Navy, and Army Engineer Corps dependent upon specified human rights-related compliance actions; and (4) Mexico and for countries of Central America to combat drug trafficking and gang violence and for judicial reform and institution building.
Prohibits the use of specified funds under this Act for the transfer of U.S. weapons, ammunition, or other lethal property to the Haitian National Police until the Secretary certifies to the Appropriations Committees that any members of the Haitian National Police alleged to have committed serious crimes, including drug trafficking and human rights violations, have been suspended.
(Sec. 7046) Obligates specified funds under titles III-IV for Columbia.
Authorizes the use of certain funds under this Act for Columbia for a campaign against narcotics trafficking and foreign terrorist organizations and for actions to protect human health and welfare in emergency circumstances.
Limits certain fund availability under this Act for aerial coca and poppy eradication until the Secretary certifies to the Committees regarding aerial herbicide safety.
Withholds specified amounts of assistance under this Act from the Colombian armed forces until the Secretary certifies to the Committees that the government of Colombia and the Colombian armed forces have taken specified steps with respect to human rights violations, including extrajudicial killings and paramilitary activities, and the investigation and punishment of those responsible for such actions.
Obligates specified funds for assistance for demobilization and disarmament of former combatants in Columbia.
Prohibits issuance of a visa to any alien who has: (1) provided support to the Revolutionary Armed Forces of Colombia (FARC), the National Liberation Army (ELN), or the United Self-Defense Forces of Colombia (AUC), or successor armed groups; or (2) participated in the commission of gross violations of human rights, including extrajudicial killings, in Colombia.
Waives such prohibition on a case-by-case basis to support the peace process in Colombia or for humanitarian reasons.
(Sec. 7047) Authorizes the use of specified funds under titles III-IV of this Act to enhance the effectiveness and accountability of civilian police authority through human rights training, and through the promotion of civilian police roles that support democratic governance, including programs on conflict prevention, police-community relations, disaster assistance, and gender-based violence.
(Sec. 7048) Prohibits the use of funds under titles III-IV this Act from being used to pay any assessments, arrearages, or dues of any UN member (including costs for attendance of another country's delegation at international conferences held under the auspices of multilateral or international organizations).
(Sec. 7049) Permits the President to provide up to a specified amount of commodities and services to the United Nations War Crimes Tribunal if doing so will contribute to a just resolution of charges regarding genocide or other violations of international law in the former Yugoslavia.
Subjects funds made available for tribunals other than Yugoslavia, Rwanda, or the Special Court for Sierra Leone (SCSL) to the regular notification procedures of the Committees.
(Sec. 7050) Prohibits funds under title I of this Act from being used for UN peacekeeping missions that will involve U.S. Armed Forces personnel under foreign command unless in the U.S. national interest.
(Sec. 7051) Amends the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 to provide for U.S. payments for UN Peacekeeping operations in 2009 at 27.1%.
(Sec. 7052) Prohibits funds under this Act from being made available to the United Nations Human Rights Council unless: (1) in the U.S. National interest; or (2) the United States is a member of the Council.
(Sec. 7053) Prohibits funds under this Act from being used to send or otherwise pay for the attendance of more than 50 employees from a federal department or agency at any single conference outside the United States unless in the national interest.
(Sec. 7054) Prohibits funds under title I of this Act from being used to pay expenses for any U.S. delegation to any specialized UN Agency, body, or commission that is presided over by a country that supports international terrorism.
(Sec. 7055) Withholds assistance under titles III-VI of this Act to a foreign country in an amount equal to 110% of the total of unpaid property tax and unpaid parking fines and penalties incurred from April 1, 1997-September 30, 2008, and owed by the country to the District of Columbia or New York City.
(Sec. 7056) Authorizes disposal on a grant basis in foreign countries of demining equipment used in support of the clearance of land mines and unexploded ordnance for humanitarian purposes.
Prohibits military assistance for, or the sale or transference of, cluster munitions unless specified requirements are met.
(Sec. 7057) Directs the Chief Executive Officer of the Millennium Challenge Corporation to report the Appropriations Committees on the proposed uses, on a country-by-country basis, of all funds under the heading "Millennium Challenge Corporation" making appropriations for the Department, foreign operations, export financing, and related programs projected to be obligated and expended in FY2009 and subsequent fiscal years.
(Sec. 7058) Limits USAID official residence expenses for the current fiscal year.
(Sec. 7059) Authorizes specified funds under title III of this Act for USAID to hire up to 175 persons per fiscal year on a limited appointment basis in the United States and abroad. Conditions such hirings upon an equivalent elimination of USAID nondirect-hire employees. Terminates such authority on September 30, 2010.
Authorizes up to four-year extensions for limited-appointment Foreign Service personnel.
Authorizes USAID to use specified amounts from such funds for overseas support costs of Foreign Service members of rank four or below to reduce USAID reliance on nondirect-hire employees.
Authorizes specified funds under title III of this Act for the costs of persons detailed to or employed by USAID to carry out: (1) natural disaster response programs; and (2) global health and child survival activities.
Authorizes specified funds under this Act to be used by USAID to employ up to 25 personal services contractors in the United States for new or expanded overseas programs until permanent personnel are hired.
Authorizes USAID to hire up to 30 individuals under the Development Leadership Initiative. Terminates such authority on September 30, 2010.
(Sec. 7060) States that funds appropriated by titles III-IV of this Act for child survival activities or disease programs, including HIV/AIDS research, prevention and treatment activities, may be made available notwithstanding any other provision of law except for specified provisions.
Obligates specified funds for family planning/reproductive health.
Withholds 10% of appropriations under this Act for the Global Fund to Fight AIDS, Tuberculosis and Malaria until the Secretary reports to the Committees that the Fund is: (1) releasing disbursements only if grantees demonstrate progress against clearly defined performance indicators; and (2) implementing a reporting system that breaks down grantee budget allocations by programmatic activity.
(Sec. 7061) Obligates specified funds for the development grants program.
(Sec. 7062) States that funds under title III of this Act should: (1) include, where appropriate, gender considerations in program implementation; and (2) be made available for programs to enhance economic opportunities for poor women in developing countries.
(Sec. 7063) Makes specified funds available for programs to address sexual and gender-based violence.
Requires that programs funded under titles III-IV of this Act for training of foreign police, judicial, and military officials address, where appropriate, gender-based violence.
(Sec. 7064) Obligates specified funds for: (1) basic education in developing countries; and (2) higher education.
Continues within the Office of the Secretary a Coordinator of U.S. Government activities to provide basic education assistance in developing countries.
Obligates funds under this Act for a three-country pilot program to develop a five-year basic education strategic plan.
(Sec. 7065) Obligates specified funds for religious, ethnic, and political reconciliation programs, with a set-aside for Middle East programs.
(Sec. 7066) Directs the Secretary to report to the Committees regarding the total amount of U.S. Government expenditures in FY2007-FY2008, by federal agency, for assistance programs and activities in each foreign country, identifying the line item and the purpose of the expenditure.
(Sec. 7067) Prohibits funds under titles III-VI of this Act from being provided to a nongovernmental organization which fails to provide any document, file, or record necessary for USAID auditing requirements.
(Sec. 7068) States that: (1) the Senior Policy Operating Group on Trafficking in Persons shall coordinate all policies related to the activities of traffickers and victims of severe forms of trafficking; and (2) no funds shall be expended to perform functions that duplicate Group responsibilities.
(Sec. 7069) Prohibits funds under this Act from being used to support or justify the use of torture or inhumane treatment by any U.S. Government official or contract employee.
(Sec. 7070) Makes international military education and training appropriations under this Act for Angola, Cameroon, Central African Republic, Chad, Cote D'Ivoire, and Guinea available only for expanded international military education and training. Prohibits such funds from being made available for Equatorial Guinea.
Prohibits, with a national interest waiver for nonlethal military use, funds under this Act from being provided to the government of Sudan (excluding the government of Southern Sudan) unless the Secretary certifies to the Committees that the government of Sudan: (1) is honoring its pledges to cease civilian attacks and is disarming the Janjaweed and other government-supported militias, and such militias are honoring their cease-fire commitments; and (2) is allowing humanitarian aid and human rights aid organizations access to Darfur.
Exempts from such prohibition: (1) humanitarian assistance; (2) assistance for the Darfur region, Southern Sudan, Southern Kordofan/Nuba Mountains State, Blue Nile State, and Abyei; and (3) assistance to implement the Comprehensive Peace Agreement and the Darfur Peace Agreement or any other internationally-recognized peace agreement in Sudan.
Directs USAID to administer certain funds to counter extremism in the Horn of Africa and the Pan Sahel region of Africa.
Reaffirms congressional support for the efforts of the International Criminal Tribunal for Rwanda (ICTR) and the SCSL to bring to justice individuals responsible for war crimes and crimes against humanity.
Authorizes appropriations under by this Act, including funds for debt restructuring, for the government of a country in which individuals indicted by ICTR and SCSL are credibly alleged to be living if the Secretary reports to the Appropriations Committees that such government is cooperating with ICTR and SCSL.
Authorizes the President, with prior congressional notice, to waive such requirements in the U.S. National interest.
Directs the Secretary of the Treasury to instruct the U.S. Executive director to each international financial institution to vote against loan extensions to the government of Zimbabwe, except to meet basic human needs or to promote democracy, unless the Secretary of State certifies to the Committees that the rule of law has been restored in Zimbabwe.
(Sec. 7071) Directs the Secretary of the Treasury to instruct U.S. Executive directors to international financial institutions to support projects in Tibet if such projects do not provide incentives for the migration and settlement of non-Tibetans into Tibet or facilitate the transfer of ownership of Tibetan land and natural resources to non-Tibetans.
Obligates funds for nongovernmental organizations to support activities which preserve cultural traditions and promote sustainable development and environmental conservation in Tibetan communities in the Tibetan Autonomous Region and in other Tibetan communities in the Peoples Republic of China (PRC).
Directs the Secretary of the Treasury to use U.S. influence in each appropriate international financial institution in which the United States participates to oppose and vote against the extension of any loan or financial or technical assistance or any other utilization of funds for Burma.
Obligates specified funds under this Act for: (1) democracy activities in Burma; (2) Burmese student groups and other organizations outside Burma; (3) humanitarian assistance to displaced Burmese along Burma's borders; and (4) community-based organizations in Thailand to provide humanitarian assistance to internally displaced persons in eastern Burma.
Makes certain foreign military financing funds under this Act available for Indonesia. Withholds certain of such funds until the Secretary submits a specified report to the Committees.
Obligates specified funds for Indonesian human rights organizations, including organizations in Papua.
Authorizes the use of certain funds for Cambodia under this Act for an endowment to strengthen the government of Cambodia's capacity to combat human trafficking.
Makes certain funds under this Act available for: (1) assistance for refugees from North Korea; and (2) broadcasts into North Korea.
Prohibits certain funds in FY2009 from being made available for energy-related assistance to North Korea, unless the Secretary reports to the Committees that North Korea is fulfilling its commitments under the Six Party Talks agreements.
Obligates certain funds under this Act to U.S. educational institutions and nongovernmental organizations for programs in the PRC relating to the environment, governance and the rule of law.
Prohibits specified funds under this Act from being obligated or expended for export licenses of U.S. origin satellites (including commercial satellites and satellite components) to the PRC without prior notice to the Committees.
Directs the Secretary to report to the Committees regarding the amount of PRC-provided assistance to governments and entities in Latin America and Africa during the previous calendar year.
Makes specified military financing funds under this Act available to the Philippines. Withholds certain of such funds until the Secretary certifies to the Committees that: (1) the Philippine government is implementing the recommendations of the United Nations Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions; (2) the Philippine government is promoting military personnel who demonstrate professionalism and respect for human rights, and is prosecuting military personnel and others who have violated such rights; and (3) the Philippine military is not engaging in acts of intimidation or violence against members of legal organizations who advocate for human rights.
Makes specified funds under this Act available for activities in the central highlands of Vietnam and for environmental remediation and related health activities in Vietnam.
(Sec. 7072) Makes funds appropriated under this Act available for assistance for Serbia after May 31, 2009, if the President certifies to the Committees that the government of Serbia is: (1) cooperating with the International Criminal Tribunal for Yugoslavia, including access for investigators, provision of documents, and the surrender and transfer of indictees or assistance in their apprehension, including Ratko Mladic; (2) taking steps to end Serbian financial, political, security and other support to maintain separate Republika Srpska institutions; and (3) taking steps to implement policies which reflect a respect for minority rights and the rule of law.
States that such requirements shall not apply to humanitarian assistance, or assistance to promote democracy.
(Sec. 7073) Prohibits, with a national security waiver, specified funds under this Act from being made available to a government of an Independent State of the former Soviet Union that directs any action in violation of the territorial integrity or national sovereignty of any other Independent State of the former Soviet Union.
Subjects such assistance for the Russian Federation, Armenia, Kazakhstan, and Uzbekistan to the regular notification procedures of the Committees.
Withholds specified funds for the Russian Federation until the President certifies to the Committees that the Russian Federation has taken specified actions respecting Iran and Chechnya.
Sets forth exceptions to such restriction, including assistance for public health, democracy, and humanitarian activities.
(Sec. 7074) Prohibits, with a national security waiver, funds under this Act from being made available to the government of the Russian Federation unless the President certifies to the Committees that the government of the Russian Federation: (1) has not implemented any statute or similar government action that would discriminate against religious groups or religious communities in the Russian Federation; (2) is honoring obligations respecting freedom of expression; and (3) is prosecuting law enforcement personnel who have committed human rights abuses.
(Sec. 7075) Makes funds under this Act available for the government of Kazakhstan only if the Secretary reports to the Committees that Kazakhstan has made significant human rights improvements. Authorizes the Secretary to waive such prohibition if in the U.S. national security interest.
Directs the Secretary to report to the Committees respecting defense articles, defense services, and financial assistance (and their use) provided by the United States to Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan, and Turkmenistan.
(Sec. 7076) Makes funds under this Act for the government of Uzbekistan available only if the Secretary reports to the Committees that Uzbekistan is making substantial progress in: (1) meeting its commitments under the Declaration on the Strategic Partnership and Cooperation Framework Between the Republic of Uzbekistan and the United States of America, including respect for human rights, establishing a genuine multiparty system, ensuring free elections; and providing freedom of expression and media independence; and (2) investigating the May 2005 Andijan shootings.
Makes, with a limited exception, any current or former official of the government of Uzbekistan identified by the Secretary as having been involved in the Andijan shootings or other human rights violations in Uzbekistan ineligible for U.S. admission.
(Sec. 7077) Obligates specified funds under titles III-IV of this Act for assistance to Afghanistan, with a set-aside for programs that directly address the needs of Afghan women and girls.
(Sec. 7078) Directs the President to submit to the Committees a plan for the distribution of the assets of an Enterprise Fund before any distribution resulting from liquidation, dissolution, or winding up of the Fund.
(Sec. 7079) Obligates specified FY2009 international organization and program funds for the United Nations Population Fund, except for any country program in the PRC.
Prohibits funding of abortions.
(Sec. 7080) Prohibits funds under this Act from being used for publicity or propaganda purposes within the United States not authorized before the enactment of this Act.
(Sec. 7081) Extends OPIC investment insurance, investment guaranty, and direct investment authorities through September 30, 2009.
Authorizes the transfer of certain funds under this Act for OPIC.
(Sec. 7082) Prohibits funds under this Act (other than funds for narcotics control and law enforcement, refugee assistance, or antiterrorism activities) from being used to assist the government of a country with which the United States has diplomatic relations and an extradition treaty and refuses to extradite to the United States any individual charged with a criminal offense for which the maximum penalty is life imprisonment without parole, or for killing a law enforcement officer. Authorizes a national security waiver of such prohibition.
(Sec. 7083) Obligates funds under this Act for clean energy (including global warming reduction) and climate change adaptation programs in developing countries.
Obligates funds under title III of this Act for FY2009 for biodiversity programs, including tropical forests and wildlife in developing countries. Sets aside from such amount funds for: (1) USAID's conservation programs in the Amazon Basin; and (2) the Congo Basin forest partnership, including funds for the United States Fish and Wildlife Service for conservation programs in Africa.
Authorizes funds under this Act for: (1) tropical forestry and biodiversity conservation activities and energy programs aimed at reducing greenhouse gas emissions; and (2) the Galapagos invasive species fund.
Directs the Secretary of the Treasury to inform international financial institutions and the public that it is U.S. policy that any assistance by such institutions for the extraction and export of oil, gas, coal, timber, or other natural resource should not be provided unless the government of the country has or is taking steps to establish functioning systems for: (1) revenue and expenditure accounting; (2) independent auditing; and (3) verifying government receipts against company payments.
Directs the Secretary of the Treasury to report to the Committees describing for each international financial institution the amount and type of assistance provided, by country, for the extraction and export of oil, gas, coal, timber, or other national resource in the preceding 12 months.
(Sec. 7084) Prohibits funds under this Act from being used to promote the sale or export of tobacco or tobacco products or to seek the removal of foreign restrictions on the marketing of such products.
(Sec. 7085) Authorizes the commercial leasing of certain defense articles from commercial suppliers (instead of the government-to-government sale) to Israel, Egypt, NATO members, and major non-NATO allies if the President determines that there are compelling foreign policy or national security reasons for such leasing.
(Sec. 7086) Directs the Secretary to: (1) compile a list of officials of foreign governments and their immediate family members who have been involved in corruption relating to the extraction of natural resources in their countries; and (2) report semiannually to the Committees.
Makes an individual on such list ineligible for U.S. Admission, with a limited waiver.
(Sec. 7087) Sets forth training and equipment reporting provisions.
(Sec. 7088) Makes funds available under this Act for UN reform efforts.
Directs the Secretary to report to the Committees regarding actions taken by UN organizations to reform financial management systems and program oversight.
(Sec. 7089) Obligates specified funds under this Act for USAID activities for persons with disabilities in developing countries.
(Sec. 7090) Obligates specified funds under title III of this Act for programs for orphans and displaced and abandoned children.
(Sec. 7091) Prohibits specified military funds under this Act from being made available, defense export license issued, and military equipment or technology sold or transferred to Sri Lanka unless the Secretary certifies to the Committees that: (1) the Sri Lankan military is suspending and the Sri Lankan government is bringing to justice members of the military who have committed gross violations of human rights, including extrajudicial executions, and the recruitment of child soldiers; (2) Sri Lanka is providing countrywide access to humanitarian organizations and journalists; and (3) Sri Lanka has agreed to the establishment of a field presence of the Office of the United Nations High Commissioner for Human Rights in Sri Lanka.
Exempts maritime and air surveillance and communications assistance from such prohibition.
(Sec. 7092) Rescinds: (1) certain Export-Import Bank funds for tied-aid grants in prior Acts making appropriations for foreign operations, export financing, and related programs; and (2) certain subsidy appropriations for the Export-Import Bank in PL 109-102.
Division I: Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2009 -
Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2009
- Title I: Department of Transportation
- Department of Transportation Appropriations Act, 2009 - Makes appropriations for FY2009 to the Department of Transportation (DOT), including: (1) the Office of the Secretary; (2) the Federal Aviation Administration (FAA); (3) the Federal Highway Administration; (4) the Federal Motor Carrier Safety Administration; (5) the National Highway Traffic Safety Administration (NHTSA); (6) the Federal Railroad Administration (FRA); (7) the Federal Transit Administration (FTA); (8) the Saint Lawrence Seaway Development Corporation; (9) the Maritime Administration; (10) the Pipeline and Hazardous Materials Safety Administration; (11) the Research and Innovative Technology Administration; (12) the Office of Inspector General; and (13) the Surface Transportation Board.
(Sec. 103) Prohibits the obligation or obligation of funds to establish or implement a program under which essential air service (EAS) communities are required to assume subsidy costs commonly referred to as the EAS local participation program.
(Sec. 104) Authorizes the Secretary of Transportation to engage in activities with states to consider proposals for the reduction of motorcycle fatalities.
(Sec. 110) Prohibits the use of funds to compensate more than 600 technical staff-years under the federally funded research and development center contract between the FAA and the Center for Advanced Aviation Systems Development during FY2009.
(Sec. 111) Prohibits the use of funds to pursue or adopt guidelines or regulations requiring airport sponsors to provide to the FAA without cost building construction, maintenance, utilities and expenses, or space in airport sponsor-owned buildings for services relating to air traffic control, air navigation, or weather reporting. Exempts from this prohibition any negotiations between the agency and airport sponsors to achieve agreement on "below-market" rates for these items or to grant assurances that require airport sponsors to provide land without cost to the FAA for air traffic control facilities.
(Sec. 112) Authorizes the FAA Administrator to reimburse amounts made available to credit a certain account to carry out the essential air service program from fees credited to the FAA.
Makes inapplicable to FY2009 certain requirements for the use of fee proceeds for funding for small community air service, especially rural air safety improvement and rural airport projects.
(Sec. 113) Requires that amounts collected for safety-related training and operational services to foreign aviation authorities be credited to the appropriation current at the time of collection, to be merged with and available for the same purposes of such appropriation.
(Sec. 114) Bars the use of funds to change weight restrictions or prior permission rules at Teterboro airport in Teterboro, New Jersey.
(Sec. 115) Prohibits the Secretary of Transportation from using funds to regulate the scheduling of airline operations at U.S. commercial airports if such regulating involves: (1) auctioning rights or permission to conduct airline operations; (2) implementing peak-period or congestion pricing; (3) limiting an airline's right or permission to operate; (4) charging a fee for use of navigable airspace; or (5) requiring, or providing incentives or disincentives to, airport owners to take such actions themselves.
Provides that that nothing in this section shall be construed to: (1) prohibit the Secretary of Transportation or the FAA Administrator from imposing per-operation limitations to alleviate airport congestion; (2) prohibit airports from implementing peak-period or congestion pricing; or (3) limit a state or local government or political authority of at least two states that owns a commercial airport from carrying out its proprietary powers and rights.
(Sec. 116) Prohibits the availability of Airport Improvement Program (AIP) grant funds to a sponsor of a commercial service airport that fails to agree to a request from the Secretary for cost-free space in a non-revenue producing, public use area of the airport to carry out a public service air passenger rights and consumer outreach campaign.
(Sec. 117) Requires the Administrator of the FAA to report to specified congressional committees on FAA actions to address any concerns and recommendations identified in any Government Accountability Office (GAO) report reviewing the FAA's project to redesign the airspace over the New York, New Jersey, and Philadelphia, Pennsylvania, region.
(Sec. 118) Requires the Secretary of Transportation to apportion to sponsors of airports that received scheduled or unscheduled air service from large certified air carriers, and had more than 10,000 passenger boardings in the preceding calendar year, an amount equal to the minimum apportionment for primary and cargo airports for a fiscal year.
(Sec. 120) Prohibits for FY2009 distribution from the obligation limitation for federal-aid highways amounts authorized for specified administrative expenses and programs. Prescribes a formula for determining certain distributions of the obligation limitation. Specifies exceptions from the limitation, as well as its applicability to transportation research programs. Requires redistribution of certain authorized funds. Authorizes the obligation for any other listed project in the same state of obligation authority distributed for specified projects listed in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU).
(Sec. 121) Allows crediting to the federal-aid highways account of funds received by the Bureau of Transportation Statistics from the sale of data products, in order to reimburse the Bureau for necessary expenses incurred.
(Sec. 122) Makes certain additional funds available for FY2009 for the Transportation, Community, and System Preservation program.
(Sec. 123) Rescinds specified funds made available: (1) for administrative expenses of the Federal Highway Administration; and (2) for implementation of programs for transportation research, training and education, and technology deployment including intelligent transportation systems.
(Sec. 125) Makes appropriations to the Secretary of Transportation for surface transportation project priorities identified in the explanatory statement accompanying this Act.
(Sec. 126) Requires the Secretary of Transportation to make an informal public notice and comment opportunity before waiving any Buy America requirement for federal-aid highway projects.
(Sec. 127) Makes certain funds available for a new pedestrian and bicycle-friendly at-grade crossing of East Broadway Street in Missoula, Montana.
(Sec. 128) Prohibits, with specified exceptions, the use of funds to approve or authorize the imposition of a toll on any segment of a federal highway in the state of Texas that: (1) is not tolled; (2) is constructed with federal assistance; and (3) is in actual operation.
(Sec. 129) Revises certain explanatory statements referenced in Division K of Public Law 110-16 with respect to: (1) specified surface transportation project priorities to include Bike, Pedestrian, or Other Off Road Paths improvement projects in the Route 116 and Bay Road Intersection and Road Improvements project, Amherst, Massachusetts, and to replace the Highway 77 Rail Grade Separation, Marion, Arkansas, with the BNSF main line overpass within the Marion, Arkansas, planning jurisdiction; (2) a specified transportation improvement project to replace the U.S. Forest Highway 4 project, Winston County, Alabama, with the U.S. Forest Highway 9 project; and (3) certain Transportation, Community and System Preservation Program transportation improvement projects to replace street improvements in Burnham, Illinois, with the repair of side streets and relocation of water mains resulting from rerouting of traffic and reconstruction of 159th Street in Harvey, Illinois, as well as replace street improvements in Thornton, Illinois, with the engineering, right-of-way, and construction of the Joe Orr Road Extension and Main Street Project in Lynwood, Illinois.
Makes certain funds for the Miller Highway from 59th Street to 72nd Street, west side of Manhattan, New York, including design improvements, available for pedestrian paths, stairs, seating,landscaping, lighting, and other transportation enhancement activities along Riverside Boulevard and at Riverside Park South, New York.
(Sec. 130) Makes certain unexpended amounts for the Southern State Parkway Improvement project, New York, available for expenditure for the I-90 connector, Rensselaer County, New York, including reimbursement for expenses incurred before enactment of this Act.
(Sec. 131) Amends SAFETEA-LU to revise the high priority project to construct the Long Valley Bypass to provide for the planning, design, engineering, environmental analysis, acquisition of rights-of-way, and construction for such project.
Replaces the high priority project to continue bridge repair, Coos Bay, Oregon, with the Port of Coos Bay to acquire and repair the Coos Bay Line, Oregon.
(Sec. 135) Subjects funds appropriated or limited in this Act to certain safety examination and other requirements of the Department of Transportation and Related Agencies Appropriations Act, 2002 and the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 relating to Mexico-domiciled motor carriers involved in cross-border trucking between the United States and Mexico, including an annual report on the subject by the Secretary of Transportation to the congressional appropriations committees.
(Sec. 136) Bars the direct or indirect use of funds to establish, implement, continue, promote, or in any way permit a cross-border motor carrier demonstration program to allow Mexican-domiciled motor carriers to operate beyond the commercial zones along the international border between the United States and Mexico, including to continue any such program initiated before enactment of this Act.
(Sec. 140) Makes certain additional funds available to NHTSA to pay for: (1) travel and related expenses for state management reviews; and (2) core competency development training and related expenses for highway safety staff.
(Sec. 141) Rescinds permanently specified funds made available in prior appropriations Acts for: (1) operations and research; (2) the National Driver Register; and (3) Highway Traffic Safety Grants.
(Sec. 151) Authorizes the Secretary of Transportation to purchase promotional items of nominal value for use in public outreach activities to carry out solutions to the railroad grade crossing problem and measures to protect pedestrians in densely populated areas along railroad rights-of-way.
(Sec. 152) Declares that funds provided in this Act for the National Railroad Passenger Corporation (Amtrak) shall immediately cease to be available to the Corporation in the event that the Corporation contracts to have services provided at or from any location outside the United States. Defines any such service as one that was, as of July 1, 2006, performed by a full-time or part-time Amtrak employee whose base of employment is located within the United States.
(Sec. 153) Authorizes the Secretary of Transportation to receive and expend cash, or receive and utilize spare parts and similar items, from non-U.S. Government sources to repair damages to or replace U.S. Government-owned automated track inspection cars and equipment as a result of third party liability for such damages. Requires any amounts so collected to be credited directly to the FRA Safety and Operations account, and remain available until expended for the repair, operation and maintenance of automated track inspection cars and equipment in connection with the automated track inspection program.
(Sec. 154) Requires the FRA Administrator to report quarterly to the congressional appropriations committees on efforts at improving the on-time performance of Amtrak intercity rail service operating on non-Amtrak owned property. Requires a reduction of appropriations made available to the Office of the Secretary by $100,000 for each day that quarterly reports are not submitted to Congress.
(Sec. 160) States that the limitations on obligations for the programs of the FTA shall not apply to any grant or other authority previously made available for obligation.
(Sec. 161) Declares that funds appropriated by this Act for specified FTA capital investment grants and bus and bus facilities projects which are not obligated by September 30, 2011, and other recoveries, shall be directed to projects eligible to use the funds for the purposes for which they were originally provided.
(Sec. 162) Authorizes certain transfers of any public transportation funds appropriated before October 1, 2008, that remain available for expenditure.
(Sec. 163) Authorizes the use of unobligated FTA capital investment grants funds for new fixed guideway systems projects.
(Sec. 164) Allows the FTA to provide grants for 90% of the net capital cost of a biodiesel bus or a factory-installed or retrofitted hybrid electric bus system in a public transportation bus for FY2009.
(Sec. 165) Directs the Secretary to amend the Full Funding Grant Agreement for the Central Link Initial Segment Project to allow the use of any federal funds remaining in the current budget to support completion of the Airport Link extension.
(Sec. 166) Makes certain unexpended FTA grant funds available, at state request, for a bus rapid transit project and related capital purchases and facility improvements in Johnson County, Kansas City, Kansas.
(Sec. 167) Rescinds permanently certain discretionary funds for grants to assist state and local governmental authorities to finance new fixed guideway capital projects.
(Sec. 168) Bars the use of funds to issue a final regulation establishing an evaluation and rating process for proposed new fixed guideway capital projects, except the FTA may continue to review comments received on the proposed rule (Docket No. FTA-2006-25737).
(Sec. 169) Authorizes the use of FTA funds made available for Alaska or Hawaii ferry boats or ferry terminal facilities to construct new vessels and facilities, or to improve existing ones, including both passenger and vehicle-related elements, and for repair facilities. Earmarks a certain amount of funds for use by the City and County of Honolulu to operate a passenger ferry boat service demonstration project to test the viability of different intra-island ferry boat routes and technologies.
(Sec. 170) Requires unobligated funds or recoveries for capital investment grants for new fixed guideway capital projects that are available to the Secretary of Transportation for reallocation to be directed to projects eligible to use the funds for the purposes for which they were originally provided.
(Sec. 171) Requires a specified appropriation for the Charlotte Rapid Transit Extension-Northeast Corridor Light Rail Project, North Carolina under the Consolidated Appropriations Act, 2008 to be used for the Charlotte Rapid Transit Extension-Northeast Corridor to carry out new fixed guideway or extension to existing fixed guideway activities.
(Sec. 176) Prohibits obligations from the construction fund established by the Merchant Marine Act, 1936, or otherwise, in excess of the appropriations and limitations contained in this or any prior appropriations Act.
(Sec. 177) Increases from $4,000 to $8,000 the state maritime academy incentive payment by the Secretary of Transportation to a student each academic year. Allows the payments to be used for tuition.
(Sec. 182) Prohibits the availability of the funds in this Act for salaries and expenses of more than 110 political and presidential appointees in the DOT. Prohibits any assignment on temporary detail outside the DOT of any of such appointees.
(Sec. 183) Prohibits the use of funds in this Act to implement establishment in the DOT of a National Highway Safety Advisory Committee.
(Sec. 184) Prohibits any recipient of funds made available in this Act from disseminating personal information obtained by a state department of motor vehicles in connection with a motor vehicle record, except as permitted under specified federal criminal law.
Prohibits the Secretary of Transportation, however, from withholding funds provided in this Act for any grantee if a state fails to comply with this prohibition.
(Sec. 187) Authorizes the Secretary of Transportation to allow the issuer of any preferred stock heretofore sold to the DOT to redeem or repurchase it upon the payment to the Department of an amount the Secretary determines.
(Sec. 188) Requires the Secretary of Transportation to notify the congressional appropriations committees at least three full business days before announcing any discretionary grant award, letter of intent, or full funding grant agreement totaling $500,000 or more from certain grant programs, including the federal highway emergency relief program, the FAA airport improvement program, any Federal Railroad Administration grant, or any FTA program other than the formula grants and fixed guideway modernization programs.
(Sec. 190) Specifies the use of recovered funds that represent improper payments by the DOT to a third party contractor under a financial assistance award,
(Sec. 192) Bars the use of funds by the Surface Transportation Board, when considering cases, matters, or declaratory orders involving a railroad, or an entity claiming or seeking authority to operate as a railroad, to allow the collection and transportation of solid waste at a solid waste rail transfer facility, unless the Board receives assurance from the state governor that such railroad or entity has agreed to comply with state and local health, safety, and environmental regulations.
(Sec. 193) Prohibits the use of funds by the Surface Transportation Board to charge or collect any filing fee for rate complaints filed with the Board in an amount in excess of that authorized for district court civil suit filing fees under the federal judicial code.
(Sec. 195) Earmarks certain funds for Missouri River, Route 240, Saline and Howard Counties for alternative transportation (including ferryboat service) during bridge replacement.
(Sec. 196) Authorizes the state of New Mexico to use congestion mitigation and air quality improvement program funds to support the operation of commuter rail service between Belen and Bernalillo, New Mexico.
(Sec. 197) Makes certain unobligated funds under SAFETEA-LU for FY2006-FY2009 available: (1) to OATS, Incorporated, Missouri, for buses and bus-related facilities; and (2) for maintenance, repair, and reconstruction of the Tucker Bridge in the City of St. Louis, Missouri.
(Sec. 199) Continues during FY2009 funding made available for the Schuylkill Valley Metro project through the Department of Transportation Appropriations Acts for Federal Fiscal Years 2004 and 2005.
Title II: Department of Housing and Urban Development -
Department of Housing and Urban Development Appropriations Act, 2009 - Makes appropriations for FY2009 to the Department of Housing and Urban Development (HUD) for: (1) administration, operations, and management; (2) Office of Public and Indian Housing; (3) Office of Community Planning and Development; (4) the Office of Housing and the Federal Housing Administration (FHA); (5) the Government National Mortgage Association (Ginnie Mae); (6) Office of Policy Development and Research; (7) Office of Fair Housing and Equal Opportunity; (8) the Office of Healthy Homes and Lead Hazard Control; and (9) the Office of Inspector General.
(Sec. 201) Requires rescission of 50% of the amounts of budget authority (or in lieu thereof remittance to the Treasury of 50% of the associated cash amounts) that are recaptured from certain state-, local-government, or local housing agency-financed projects under the Stewart B. McKinney Homeless Assistance Amendments Act of 1988. Requires the use of such recaptured budget authority or funds, as well as any budget authority or cash recaptured and not rescinded or remitted to the Treasury, by state housing finance agencies or local governments or local housing agencies with projects approved by the Secretary of Housing and Urban Development for which settlement occurred after January 1, 1992.
Authorizes the Secretary, all the same, to award up to 15% of the budget authority or cash recaptured and not rescinded or remitted to the Treasury to provide project owners with incentives to refinance their projects at a lower interest rate.
(Sec. 202) Prohibits the use of funds during FY2009 to investigate or prosecute under the Fair Housing Act any otherwise lawful activity engaged in by one or more persons, including the filing or maintaining of a non-frivolous legal action, that is engaged in solely to achieve or prevent action by a government official or entity, or a court of competent jurisdiction.
(Sec. 203) Directs the Secretary to make a grant under certain authority of the AIDS Housing Opportunity Act for any state that: (1) received an allocation in a prior fiscal year; but (2) is not otherwise eligible for an FY2009 allocation because the areas in the state outside of qualifying metropolitan statistical areas do not have the number of cases of acquired immunodeficiency syndrome (AIDS) otherwise required.
Prescribes a formula for the allocation of such grants to Jersey City and Paterson, New Jersey.
(Sec. 204) Requires any grant, cooperative agreement, or other assistance made pursuant to this title to be made on a competitive basis and in accordance with the Department of Housing and Urban Development Reform Act of 1989.
(Sec. 205) Makes certain funds available, without regard to limitations on administrative expenses, for: (1) legal services on a contract or fee basis; and (2) payment for services and facilities of the Federal National Mortgage Association (Fannie Mae), Government National Mortgage Association (Ginnie Mae), Federal Home Loan Mortgage Corporation (Freddie Mac), the Federal Financing Bank, Federal Reserve banks, Federal Home Loan banks, and any bank insured under the Federal Deposit Insurance Corporation Act.
(Sec. 207) Authorizes any HUD corporations and agencies subject to the Government Corporation Control Act to make expenditures, contracts, and commitments without regard to fiscal year limitations as may be necessary in carrying out the programs set forth in their FY2009 budgets. Limits the use of collections of these corporations and agencies for new loan or mortgage purchase commitments to the extent expressly provided for in this Act, except for their mortgage insurance or guaranty operations, or where loans or mortgage purchases are necessary to protect the financial interest of the U.S. Government
(Sec. 208) Prohibits the obligation or expenditure of the funds provided in this title for technical assistance, training, or management improvements unless HUD describes for the congressional appropriations committees each proposed activity and a detailed budget estimate of the associated program, project or activity costs as part of the Budget Justifications.
(Sec. 209) Directs the Secretary to report quarterly to the congressional appropriations committees regarding all uncommitted, unobligated, recaptured and excess funds in each program and activity within HUD jurisdiction, along with additional, updated budget information upon request.
(Sec. 210) Requires the Secretary to: (1) adjust the funds allocated for FY2009 under the AIDS Housing Opportunity Act to Wilmington, Delaware, on behalf of the Wilmington, Delaware-Maryland-New Jersey Metropolitan Division; and (2) allocate a portion to the state of New Jersey according to a specified formula.
Directs the Secretary to allocate to Wake County, North Carolina, certain funds that otherwise would be allocated for FY2009 under such Act to Raleigh, North Carolina, on behalf of the Raleigh-Cary, North Carolina Metropolitan Statistical Area.
Authorizes the Secretary to: (1) adjust FY2009 all ocations under such Act, upon the written request of a grant applicant for a formula allocation on behalf of a metropolitan statistical area; and (2) designate the state or states in which the metropolitan statistical area is located as the eligible grantee(s) of the allocation.
(Sec. 211) Requires the President's formal budget request for FY2010 and HUD's congressional budget justifications to use the identical account and sub-account structure provided under this Act.
(Sec. 212) Declares that a public housing agency (PHA) (or other entity) that administers federal housing assistance for the Housing Authority of the county of Los Angeles, California, or the states of Alaska, Iowa, or Mississippi shall not be required to include a resident of public housing or a recipient of section 8 rental assistance (under the United States Housing Act of 1937) on the agency or entity board of directors (or similar governing board), as otherwise required by such Act.
Requires each such PHA (or other entity) that chooses not to include such individuals on its agency or entity board of directors (or similar governing board) to establish an advisory board, which shall meet at least quarterly, consisting of at least six residents of public housing or section 8 rental assistance recipients to provide advice and comment on related issues.
(Sec. 213) Authorizes the Secretary for FY2008-FY2009, subject to specified conditions, to authorize the transfer of some or all project-based assistance, debt and statutorily required low-income and very low-income use restrictions, associated with one or more multifamily housing project to another multifamily housing project or projects.
(Sec. 214) Requires that the funds made available for Native American Housing Block Grants in title III of this Act be allocated to the same recipients that received funds in FY2005.
(Sec. 215) Prohibits the use of funds provided under this title for an audit of Ginnie Mae that applies certain requirements under the Federal Credit Reform Act of 1990.
(Sec. 216) Prohibits any section 8 rental assistance to any individual who: (1) is enrolled as a student at an institution of higher education; (2) is under age 24; (3) is not a veteran; (4) is unmarried; (5) does not have a dependent child; (6) is not a person with disabilities, and was not receiving section 8 assistance as of November 30, 2005; and (7) is not otherwise individually eligible, or has parents who, individually or jointly, are not eligible, to receive such assistance.
Declares that, for section 8 rental assistance eligibility purposes, any financial assistance (in excess of amounts received for tuition) that an individual receives under the Higher Education Act of 1965, from private sources, or an institution of higher education shall be considered income to that individual, except for a person over age 23 with dependent children.
(Sec. 217) Authorizes the Secretary through FY2009 to insure, and enter into commitments to insure, home equity conversion mortgages (HECMs) for elderly homeowners.
(Sec. 218) Requires the Secretary during FY2009, in managing and disposing of any multifamily property that is owned or held by HUD, to maintain any section 8 rental assistance payments attached to any dwelling units in the property. Authorizes the Secretary, however, to the extent that such a multifamily property is not feasible for continued section 8 payments, based on consideration of the costs of rehabilitating and operating the property and environmental conditions that cannot be remedied in a cost-effective fashion, to contract, in consultation with the property tenants, for project-based rental assistance payments with an owner or owners of other existing housing properties, or provide other rental assistance.
Requires the Secretary also to take steps to ensure that project-based contracts remain in effect before foreclosure, subject to the exercise of contractual abatement remedies to assist relocation of tenants for imminent major threats to health and safety.
(Sec. 219) States that, during FY2009, a family residing in an assisted living facility in any county of Michigan with a section 8 rental assistance demonstration program for such facilities, and on behalf of which a PHA provides such assistance, may be required, when the family initially receives the assistance, to pay rent in an amount exceeding 40% of the family's monthly adjusted income by any percentage or amount the Secretary determines appropriate.
(Sec. 220) Requires the Secretary to report quarterly to congressional appropriations committees on HUD's use of all sole source contracts.
(Sec. 221) Authorizes any recipient after December 26, 2000, of a grant for conversion of elderly housing to assisted living facilities, at its option, to: (1) establish a single-asset nonprofit entity to own the project; and (2) lend the grant funds to such entity, which may be a for-profit limited partnership the sole general partner of which is a private nonprofit organization meeting specified requirements, or a corporation wholly owned and controlled by such a private nonprofit organization.
(Sec. 222) Authorizes the use of Community Development Loan Guarantee funds to guarantee, or make commitments to guarantee, notes or other obligations issued by any state on behalf of its non-entitlement communities.
(Sec. 223) Amends the United States Housing Act of 1937 to extend through FY2009 the authorization of appropriations for demolition, site revitalization, replacement housing, and tenant-based assistance project grants to PHAs.
(Sec. 224) Requires the Secretary to submit to specified congressional committees for FY2008-FY2009: (1) a complete and accurate accounting of the actual renewal costs for project-based section 8 assistance; and (2) revised estimates, and all sources, of the funding needed to fully fund all 12 months of all such project-based contracts.
Requires the Secretary, as part of HUD's FY2010 budget request, to submit to such committees complete and detailed information, including a project-by-project analysis, that verifies that it will fully fund all such project-based contracts for FY2010, including expiring ones.
(Sec. 225) Authorizes PHAs that own and operate 400 or fewer public housing units to elect to be exempt from any asset management requirement imposed by the Secretary in connection with the operating fund rule.
Prohibits exemption from such rule, however, for an agency seeking a discontinuance of a reduction of subsidy under the operating fund formula.
(Sec. 226) Prohibits the Secretary, with respect to the use of funds for the operation, capital improvement, and management of public housing authorized by the United States Housing Act of 1937, from imposing any asset management requirement or guideline that restricts or limits in any way the use of capital funds for central office costs.
Prohibits a PHA, however, from using capital funds authorized for eligible operation and management activities with operating funds in excess of specified permitted amounts.
(Sec. 227) Requires the Secretary to report quarterly to congressional appropriations committees on: (1) the status of all section 8 project-based housing, including the number of all project-based units by region as well as an analysis of all federally subsidized housing being refinanced under the Mark-to-Market program.
(Sec. 228) Amends the Housing and Community Development Act of 1992 to provide that federally assisted housing also includes supportive housing for persons with disabilities under the Cranston-Gonzalez Affordable Housing Act.
(Sec. 229) Amends the Home Investment Partnership Act with respect to the Secretary's authority to provide assistance for housing education and organizational support.
Increases the annual limitation from 20% to 40% of total appropriations for such purposes that may go to any one contractor.
Reduces from 40% to 25% the minimum amount of such funds available for single-state contractors.
Modifies the terms of contracts in support of state and local affordable housing strategies to increase from 20% to 40% the maximum percentage of a contracting organization's budget operation that a contract may provide for each year.
Extends through calendar 2011 the Secretary's authority to make grants under the Act for downpayment assistance to low-income families who are first-time home buyers.
(Sec. 230) Prohibits designation of a HUD official or employee as an allotment holder unless he or she has: (1) implemented an adequate system of funds control; and (2) received training in funds control procedures and directives.
(Sec. 231) Requires: (1) payment of attorney fees in program-related litigation from individual program office personnel benefits and compensation funding; and (2) the annual budget submission for such funding to include the payment as a separate line item request.
(Sec. 232) Rescinds $750 million from the unobligated balances remaining from funds appropriated for Tenant-Based Rental Assistance under the Department of Housing and Urban Development Appropriations Act, 2008. Requires derivation of such amount from reductions to PHA calendar year 2009 allocations based on amounts in PHA net restricted assets accounts.
(Sec. 233) Requires the Secretary for FY2009 and thereafter to notify the public through the Federal Register and other appropriate means of the issuance of a notice of the availability of assistance or notice of funding availability (NOFA) for any program or discretionary fund that is to be awarded competitively.
Requires the Secretary for such period to make the NOFA available only on the Internet at the appropriate government website(s) or through other electronic media.
(Sec. 234) Revises requirements for prepayment of a loan providing HUD assistance for supportive housing for the elderly under the Housing Act of 1959 (as in effect before the enactment of the Cranston-Gonzalez National Affordable Housing Act).
Allows prepayment of such a loan to involve refinancing if it results in: (1) a lower interest rate on the project's loan principal and in reductions in debt service related to such loan; or (2) in the case of certain HUD assisted projects providing supportive housing for the elderly, a transaction in which the project owner will address the physical needs of the project.
Sets forth other requirements governing such transaction, including authorizing the project owner to charge tenants rent sufficient to meet debt service payments and operating cost requirements approved by the Secretary.
(Sec. 235) Prohibits the availability to any homeless group of designated surplus federal property unless the group is a member in good standing under any of HUD's homeless assistance programs or is in good standing with any other program receiving federal or state funds.
Allows an exception to this requirement for an entity not involved with federal homeless programs if it meets specified financial, track record, and property management requirements.
Permits the Secretary to rely on the entity's prior demonstrated fundraising ability or commitments for in-kind donations of goods and services.
(Sec. 236) Requires the Secretary to increase the number of Moving-to-Work agencies authorized under title II of the Departments of Veterans Affairs and Housing and Urban Development and Independent Agencies Appropriations Act, 1996 by adding to the program three PHAs that are: (1) High Performing Agencies under the Public Housing Assessment System (PHAS); and (2) HOPE VI agencies.
Bars a PHA from being granted this designation if it administers in excess of 5,000 aggregate housing vouchers and public housing units.
Prohibits such designated PHAs from receiving more funding than they otherwise would have received without this designation.
(Sec. 237) Rescinds $5 million from the unobligated balances remaining from funds appropriated for the General and Special Risk Program Account under the Department of Housing and Urban Development Appropriations Act, 2008.
Requires the Secretary, during FY2009, to consider, but not be limited to, industry standard appraisal practices in determining the market value of any multifamily real property or loan for any noncompetitive sale to a state or local government.
(Sec. 238) Authorizes the Secretary to transfer up to 5% of funds appropriated for any account under this title for Personnel Compensation and Benefits to any other account for such purposes, subject to approval by the congressional appropriations committees. Prohibits an appropriation for any such account from being increased or reduced by more than 10% by all such transfers.
(Sec. 239) Considers the HUD-administered Disaster Housing Assistance Programs as a HUD program under the McKinney Act for income verifications and matching purposes.
Title III: Related Agencies
- Makes appropriations for FY2009 to: (1) the Architectural and Transportation Barriers Compliance Board; (2) the Federal Maritime Commission; (3) the National Transportation Safety Board (with a certain rescission); (4) the Neighborhood Reinvestment Corporation; and (5) the U.S. Interagency Council on Homelessness.
Extends the U.S. Interagency Council on Homelessness through FY2010.
Title IV: General Provisions (This Act)
- Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.
(Sec. 401) Requires any sums necessary for FY2009 pay raises for programs funded in this Act to be absorbed within the levels appropriated in this or previous appropriations Acts.
(Sec. 402) Prohibits the use of funds for the planning or execution of any program to pay the expenses of, or otherwise compensate, nonfederal parties intervening in regulatory or adjudicatory proceedings funded in this Act.
(Sec. 407) Requires all federal agencies and departments funded by this Act to report by July 31, 2009, to the congressional appropriations committees on all sole source contracts.
(Sec. 409) Prohibits the use of funds to support any federal, state, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use.
(Sec. 410) Prohibits the transfer of funds to any federal department, agency, or instrumentality, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act.
(Sec. 411) Prohibits payment of the salary from any appropriation under this Act for any person filling a position (other than temporary) formerly held by an employee who has: (1) left to enter the U.S. Armed Forces; (2) satisfactorily completed his or her period of active military or naval service; (3) within 90 days after release from such service, or from hospitalization continuing after discharge for up to one year, applied for restoration to his former position; and (4) been certified by the Office of Personnel Management (OPM) as still qualified to perform the duties of his or her former position, but not been restored to it.
(Sec. 412) Prohibits the expenditure of funds by an entity unless it agrees that such expenditure will comply with the Buy American Act.
(Sec. 413) Prohibits the availability of funds to any person or entity that has been convicted of violating the Buy American Act.
Division J: Further Provisions Relating to the Department of Homeland Security and Other Matters
- Makes emergency appropriations to the Department of Homeland Security for FY2009 for the U.S. Secret Service to address additional requirements related to the protection mission, a specified portion of which may be transferred to address the deferred maintenance backlog.
(Sec. 101) Amends the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009, to extend through September 30, 2009: (1) specified pilot programs of employment eligibility confirmation under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996; (2) the requirement in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 that the Secretaries of State and of Homeland Security set aside 3,000 alien investor (EB-5) visas annually for 15 years for aliens (and spouses and children) eligible for admission under the Immigration and Nationality Act; and (3) the national flood insurance program and a specified increased maximum amount the Director of the Federal Emergency Management Agency (FEMA) may borrow for the program, with the President's approval, from the Secretary of the Treasury under the National Flood Insurance Act of 1968.
(Sec. 102) Amends the Implementing Recommendations of the 9/11 Commission Act of 2007 to: (1) extend the termination date for the Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism until March 1, 2010; and (2) allow the Commission to use the period between February 2, 2009, and February 28, 2010, to conclude its activities.
Makes specified funds provided in the Department of Defense Appropriations Act, 2009 available exclusively for purposes of the Commission.
(Sec. 103) Prohibits the scheduled cost-of-living adjustment to congressional pay from taking effect in calendar year 2010.
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Bill titles: Making omnibus appropriations for the fiscal year ending September 30, 2009, and for other purposes.; Afghan Allies Protection Act of 2009; Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2009; Commerce, Justice, Science, and Related Agencies Appropriations Act, 2009; Department of Commerce Appropriations Act, 2009; Department of Education Appropriations Act, 2009; Department of Health and Human Services Appropriations Act, 2009; Department of Housing and Urban Development Appropriations Act, 2009; Department of Justice Appropriations Act, 2009; Department of Labor Appropriations Act, 2009; Department of State, Foreign Operations, and Related Programs Appropriations Act, 2009; Department of Transportation Appropriations Act, 2009; Department of the Interior, Environment, and Related Agencies Appropriations Act, 2009; Department of the Treasury Appropriations Act, 2009; Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2009; District of Columbia Appropriations Act, 2009; Energy and Water Development and Related Agencies Appropriations Act, 2009; Executive Office of the President Appropriations Act, 2009; Financial Services and General Government Appropriations Act, 2009; Judiciary Appropriations Act, 2009; Legislative Branch Appropriations Act, 2009; Science Appropriations Act, 2009; Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2009
Links for more info on the vote: congress.gov
