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 123STA T . 32 07PUBLIC LA W 111 – 117 —DE C.1 6, 200 9yearsuntil t h en o r m ale f fe c ti v e d ateofthea p plica b le w a g e survey ad j ustment that is to ta k e effect in fiscal year 201 0, in an amount that e x ceeds the rate payable for the applicable grade and step of the applicable wage schedule in accordance with such section and ( 2 ) during the period consisting of the remainder of fiscal year 2010, in an amount that exceeds, as a result of a wage survey adjustment, the rate payable under paragraph (1) by more than the sum of — ( A ) the percentage adjustment taking effect in fiscal year 2010 under section 53 03 of title 5, U nited S tates C ode, in the rates of pay under the G eneral Schedule; and ( B ) the difference between the overall average percent - age of the locality-based comparability payments taking effect in fiscal year 2010 under section 530 4 of such title (whether by adjustment or otherwise), and the overall aver- age percentage of such payments which was effective in the previous fiscal year under such section . (b) N otwithstanding any other provision of law, no prevailing rate employee described in subparagraph (B) or (C) of section 5342(a)(2) of title 5, United States Code, and no employee covered by section 534 8 of such title, may be paid during the periods for which subsection (a) is in effect at a rate that exceeds the rates that would be payable under subsection (a) were subsection (a) applicable to such employee. (c) F or the purposes of this section, the rates payable to an employee who is covered by this section and who is paid from a schedule not in existence on September 30, 200 9, shall be deter- mined under regulations prescribed by the O ffice of P ersonnel M anagement. (d) Notwithstanding any other provision of law, rates of pre- mium pay for employees subject to this section may not be changed from the rates in effect on September 30, 2009, except to the extent determined by the Office of Personnel Management to be consistent with the purpose of this section. (e) T his section shall apply with respect to pay for service performed after September 30, 2009. (f) For the purpose of administering any provision of law (including any rule or regulation that provides premium pay, retire- ment, life insurance, or any other employee benefit) that re q uires any deduction or contribution, or that imposes any requirement or limitation on the basis of a rate of salary or basic pay, the rate of salary or basic pay payable after the application of this section shall be treated as the rate of salary or basic pay. (g) Nothing in this section shall be considered to permit or require the payment to any employee covered by this section at a rate in excess of the rate that would be payable were this section not in effect. (h) The Office of Personnel Management may provide for excep- tions to the limitations imposed by this section if the Office deter- mines that such exceptions are necessary to ensure the recruitment or retention of qualified employees. S EC . 7 11. D uring the period in which the head of any depart- ment or agency, or any other officer or civilian employee of the Federal Government appointed by the President of the United States, holds office, no funds may be obligated or expended in Notif i ca tio n.Ap p l ica b ilit y . Regu lation s .


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 123STA T . 32 08PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9exc e s s of$5,0 00 t of urni s h or re d ecor a te the office of such de p art -m ent head, a g enc y head, officer, or emp l oyee, or to purchase fur- niture or ma k e impro v ements for any such office, unless advance notice of such furnishing or redecoration is transmitted to the C ommittees on A ppropriations of the H ouse of R epresentatives and the S enate .F or the purposes of this section, the term ‘ ‘office ’ ’ shall include the entire suite of offices assigned to the individual, as w ell as any other space used primarily b y the individual or the use of which is directly controlled by the individual. S EC . 712 . N otwithstanding section 3 1 U .S.C. 13 46, or section 70 8 of this Act, funds made available for the current fiscal year by this or any other Act shall be available for the interagency funding of national security and emergency preparedness tele- communications initiatives which benefit multiple Federal depart- ments, agencies, or entities, as provided by E xecutive O rder No. 12472 ( April 3, 1 9 84 ) . SEC. 713. (a) None of the funds appropriated by this or any other Act may be obligated or expended by any Federal department, agency, or other instrumentality for the salaries or expenses of any employee appointed to a position of a confidential or policy- determining character excepted from the competitive service pursu- ant to 5 U.S.C. 3302, without a certification to the Office of P er- sonnel M anagement from the head of the Federal department, agency, or other instrumentality employing the Schedule C appointee that the Schedule C position was not created solely or primarily in order to detail the employee to the W hite House. (b) T he provisions of this section shall not apply to Federal employees or members of the armed forces detailed to or from — (1) the Central I ntelligence Agency (2) the National Security Agency; (3) the D efense Intelligence Agency; (4) the National G eospatial-Intelligence Agency; (5) the offices within the Department of Defense for the collection of speciali z ed national foreign intelligence through reconnaissance programs; (6) the B ureau of Intelligence and Research of the Depart- ment of State; (7) any agency, office, or unit of the Army, Navy, Air Force, and Marine Corps, the Department of Homeland Secu- rity, the Federal Bureau of Investigation and the Drug Enforce- ment Administration of the Department of J ustice, the Depart- ment of Transportation, the Department of the Treasury, and the Department of Energy performing intelligence functions; and (8) the Director of National Intelligence or the Office of the Director of National Intelligence. SEC. 714. No part of any appropriation contained in this or any other Act shall be available for the payment of the salary of any officer or employee of the Federal Government, who— (1) prohibits or prevents, or attempts or threatens to pro- hibit or prevent, any other officer or employee of the Federal Government from having any direct oral or written communica- tion or contact with any Member, committee, or subcommittee of the Congress in connection with any matter pertaining to the employment of such other officer or employee or pertaining to the department or agency of such other officer or employee in any way, irrespective of whether such communication or Defin i t i o n .

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 123STA T . 32 09PUBLIC LA W 111 – 11 7—DE C.1 6, 2009 conta ct is att he initiati v eo f s u ch othe r officer or e mpl o y ee or in response to the re q uest or inquiry of such M em b er , com - mittee, or subcommittee or (2) removes, suspen d s from duty w ithout pay, demotes, reduces in ran k , seniority, status, pay, or performance or effi- ciency ratin g , denies promotion to, relocates, reassigns, trans- fers, disciplines, or discriminates in regard to any employment right, entitlement, or benefit, or any term or condition of employment of, any other officer or employee of the F ederal G overnment, or attempts or threatens to commit any of the foregoing actions with respect to such other officer or employee, by reason of any communication or contact of such other officer or employee with any Member, committee, or subcommittee of the C ongress as described in paragraph ( 1 ) .SEC . 7 1 5 . (a) N one of the funds made available in this or any other A ct may be obligated or e x pended for any employee training that — (1) does not meet identified needs for knowledge, skills, and abilities bearing directly upon the performance of official duties; (2) contains elements likely to induce high levels of emo- tional response or psychological stress in some participants; ( 3 ) does not require prior employee notification of the con- tent and methods to be used in the training and written end of course evaluation; ( 4 ) contains any methods or content associated with reli- gious or quasi-religious belief systems or ‘ ‘new age ’ ’ belief sys- tems as defined in E qual Employment O pportunity Commission Notice N –9 15. 0 22, dated September 2, 19 8 8; or (5) is offensive to, or designed to change, participants— personal values or lifestyle outside the workplace. (b) Nothing in this section shall prohibit, restrict, or otherwise preclude an agency from conducting training bearing directly upon the performance of official duties. SEC. 71 6 . No funds appropriated in this or any other Act may be used to implement or enforce the agreements in Standard Forms 312 and 4414 of the Government or any other nondisclosure policy, form, or agreement if such policy, form, or agreement does not contain the following provisions ‘‘ T hese restrictions are con- sistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by Executive Order No. 12958; section 7211 of title 5, U nited States Code (gov- erning disclosures to Congress); section 1034 of title 10, United States Code, as amended by the Military W histleblower P rotection Act (governing disclosure to Congress by members of the military); section 2302(b)(8) of title 5, United States Code, as amended by the Whistleblower Protection Act of 1989 (governing disclosures of illegality, waste, fraud, abuse or public health or safety threats); the I ntelligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures that could expose confidential Government agents); and the statutes which protect against disclo- sure that may compromise the national security, including sections 641, 793, 794, 798, and 952 of title 18, United States Code, and section 4(b) of the Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The definitions, requirements, obligations, rights, sanctions, and liabilities created by said Executive order and listed statutes are incorporated into this agreement and are controlling.’’: Provide d,


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 123STA T . 321 0PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9Thatno t wi th s tan d in g th epr e c eding paragraph , a nondisc l os u re polic yf or m or agreement that is to b ee x ecuted by a person con - nected with the conduct of an intelligence or intelligence-related acti v ity, other than an employee or officer of the U nited S tates G overnment, may contain provisions appropriate to the particular activity for which such document is to be used . Such form or agreement shall, at a minimum, re q uire that the person will not disclose any classified information received in the course of such activity unless specifically authori z ed to do so by the United States Government. Such nondisclosure forms shall also ma k e it clear that they do not bar disclosures to C ongress, or to an authorized official of an executive agency or the D epartment of J ustice, that are essential to reporting a substantial violation of law. S EC . 71 7. N o part of any funds appropriated in this or any other A ct shall be used by an agency of the executive branch, other than for normal and recognized executive-legislative relation- ships, for publicity or propaganda purposes, and for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, or film presentation designed to support or defeat legisla- tion pending before the Congress, except in presentation to the Congress itself. SEC. 71 8 . None of the funds appropriated by this or any other Act may be used by an agency to provide a F ederal employee ’ s home address to any labor organization except when the employee has authorized such disclosure or when such disclosure has been ordered by a court of competent j urisdiction. SEC. 71 9 . None of the funds made available in this Act or any other Act may be used to provide any non-public information such as mailing or telephone lists to any person or any organization outside of the Federal Government without the approval of the Committees on Appropriations of the H ouse of R epresentatives and the Senate. SEC. 7 20 . No part of any appropriation contained in this or any other Act shall be used directly or indirectly, including by private contractor, for publicity or propaganda purposes within the United States not heretofore authorized by the Congress. SEC. 721. ( a )I n this section, the term ‘ ‘agency’’ — (1) means an E xecutive agency, as defined under 5 U.S.C. 105 (2) includes a military department, as defined under section 102 of such title, the P ostal Service, and the Postal Regulatory Commission; and ( 3 ) shall not include the Government Accountability O ffice. (b) Unless authorized in accordance with law or regulations to use such time for other purposes, an employee of an agency shall use official time in an honest effort to perform official duties. An employee not under a leave system, including a Presidential appointee exempted under 5 U.S.C. 6 301(2), has an obligation to expend an honest effort and a reasonable proportion of such employee’s time in the performance of official duties. SEC. 722. Notwithstanding 31 U.S.C. 13 4 6 and section 708 of this Act, funds made available for the current fiscal year by this or any other Act to any department or agency, which is a member of the Federal Accounting Standards Advisory B oard (FASAB), shall be available to finance an appropriate share of FASAB administrative costs. Lob b ying.


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 123STA T . 3211 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9(TRANSFE R O FF U N D S )S E C.723 . Notwi t hs t and in g 3 1U .S. C. 13 46 and s ec tion 7 08 o f this A ct , the head of each Ex ec u ti v ede p a r t m ent and agenc y is here b y authori z ed to transfer to or reimburse ‘ ‘ G enera l Services Administration, Government - wide P olicy ’ ’ with the approval of the D irector of the O ffice of M anagement and B udget, funds made available for the current fiscal year by this or any other Act, including rebates from charge card and other contracts
 * Provide

d, T hat these funds shall be administered by the Administrator of General Services to support Government-wide financial, information technology, procurement, and other management innovations, initia- tives, and activities, as approved by the Director of the Office of Management and Budget, in consultation with the appropriate interagency groups designated by the Director ( including the Presi- dent’s Management Council for overall management improvement initiatives, the Chief F inancial Officers Council for financial management initiatives, the Chief I nformation Officers Council for information technology initiatives, the Chief H uman Capital Offi- cers Council for human capital initiatives, the Chief Ac q uisition Officers Council for procurement initiatives, and the Performance Improvement Council for performance improvement initiatives ) Provided fu r th er, That the total funds transferred or reimbursed shall not exceed $ 17,000,000: Provided further, That such transfers or reimbursements may only be made after 1 5 days following notification of the Committees on Appropriations by the Director of the Office of Management and Budget. SEC. 724. Notwithstanding any other provision of law, a woman may breastfeed her child at any location in a Federal building or on Federal property, if the woman and her child are otherwise authorized to be present at the location. SEC. 725. Notwithstanding 31 U.S.C. 1346, or section 708 of this Act, funds made available for the current fiscal year by this or any other Act shall be available for the interagency funding of specific pro j ects, wor k shops, studies, and similar efforts to carry out the purposes of the National Science and Technology Council (authorized by Executive Order No. 12881), which benefit multiple Federal departments, agencies, or entities: Provided, That the Office of Management and Budget shall provide a report describing the budget of and resources connected with the National Science and Technology Council to the Committees on Appropriations, the House Committee on Science and Technology, and the Senate Committee on Commerce, Science, and Transportation 9 0 days after enactment of this Act. SEC. 726. Any request for proposals, solicitation, grant applica- tion, form, notification, press release, or other publications involving the distribution of Federal funds shall indicate the agency providing the funds, the Catalog of Federal Domestic Assistance Number, as applicable, and the amount provided: Provided, That this provi- sion shall apply to direct payments, formula funds, and grants received by a State receiving Federal funds. SEC. 727. (a) PRO HIB ITION OF FEDERA L A G ENC Y MONITORING OF INDI V IDUALS’ INTERNET USE. — None of the funds made available in this or any other Act may be used by any Federal agency— Ap p licab ili ty.Re p or t s. D ea d li n e. B reast f eedin g . Deadline. N otification.


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 123STA T . 3212 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9(1)toc o l l e ct ,r e vi e w ,orcre a tea ny a g gregation o fd ata, derived fro m any mean s ,t h at incl u des any p ersonally identifi - a b le information relating to an individual ’ s access to or use of any F ederal G overnment I nternet site of the agency or ( 2 ) to enter into any agreement with a third party (including another government agency) to collect, review, or obtain any aggregation of data, derived from any means, that includes any personally identifiable information relating to an individual’s access to or use of any nongovernmental Internet site . (b) EXCEPTIONS . —T he limitations established in subsection (a) shall not apply to— (1) any record of aggregate data that does not identify particular persons; (2) any voluntary submission of personally identifiable information; ( 3 ) any action ta k en for law enforcement, regulatory, or supervisory purposes, in accordance with applicable law; or ( 4 ) any action described in subsection (a)(1) that is a system security action taken by the operator of an Internet site and is necessarily incident to providing the Internet site services or to protecting the rights or property of the provider of the Internet site. (c) D E F INITIONS.—For the purposes of this section (1) The term ‘ ‘regulatory’’ means agency actions to imple- ment, interpret or enforce authorities provided in law. (2) The term ‘‘supervisory’’ means e x aminations of the agency’s supervised institutions, including assessing safety and soundness, overall financial condition, management practices and policies and compliance with applicable standards as pro- vided in law. S EC. 7 2 8 . (a) N one of the funds appropriated by this A ct may be used to enter into or renew a contract which includes a provision providing prescription drug coverage, except where the contract also includes a provision for contraceptive coverage. (b) Nothing in this section shall apply to a contract with— (1) any of the following religious plans: (A) P ersonal C are’s HMO ( B ) OSF HealthPlans, Inc.; and (2) any existing or future plan, if the carrier for the plan ob j ects to such coverage on the basis of religious beliefs. (c) In implementing this section, any plan that enters into or renews a contract under this section may not subject any indi- vidual to discrimination on the basis that the individual refuses to prescribe or otherwise provide for contraceptives because such activities would be contrary to the individual’s religious beliefs or moral convictions. (d) Nothing in this section shall be construed to re q uire cov- erage of abortion or abortion-related services. SEC. 72 9 . The Congress of the U nited States recogni z es the United States Anti-Doping Agency (USADA) as the official anti- doping agency for Olympic, Pan American, and Paralympic sport in the United States. SEC. 73 0 . Notwithstanding any other provision of law, funds appropriated for official travel by Federal departments and agencies may be used by such departments and agencies, if consistent with Office of Management and Budget Circular A – 12 6 regarding official Sports.D r ug s and drug a b us e . A bort i on. C ontra c ts. Contracepti v es. Contracts.
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 123STA T . 3213 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9travelfo r G over nm ent p er s onnel , to part ic ipate in t h e fractional aircraft o w nership pilot pro g ram .SEC . 731 . N otwithstan d ing an y other provision of law, none ofthef u nds appropriated or made availa b le under this A ct or any other appropriations Act may be used to implement or enforce restrictions or limitations on the C oast Guard Congressional F ellow - ship P rogram, or to implement the proposed regulations of the O ffice of Personnel M anagement to add sections 3 0 0.311 through 300.31 6 to part 300 of title 5 of the Code of Federal R egulations, published in the Federal Register, volume 6 8, number 17 4 ,on September 9, 2 003 ( relating to the detail of e x ecutive branch employees to the legislative branch ) . SEC. 732. Notwithstanding any other provision of law, no execu- tive branch agency shall purchase, construct, and / or lease any addi- tional facilities, except within or contiguous to existing locations, to be used for the purpose of conducting Federal law enforcement training without the advance approval of the Committees on Appro- priations of the H ouse of Representatives and the Senate, except that the Federal L aw E nforcement T raining Center is authori z ed to obtain the temporary use of additional facilities by lease, contract, or other agreement for training which cannot be accommodated in existing Center facilities. SEC. 733. (a) For fiscal year 2010, no funds shall be available for transfers or reimbursements to the E-Government initiatives sponsored by the Office of Management and B udget prior to 15 days following submission of a report to the Committees on Appro- priations of the House of Representatives and the Senate by the D irector of the Office of Management and Budget and receipt of approval to transfer funds by the Committees on Appropriations of the House of Representatives and the Senate. (b) The report in subsection (a) and other re q uired j ustification materials shall include at a minimum — (1) a description of each initiative including but not limited to its objectives, benefits, development status, ris k s, cost effectiveness (including estimated net costs or savings to the government), and the estimated date of full operational capa- bility (2) the total development cost of each initiative by fiscal year including costs to date, the estimated costs to complete its development to full operational capability, and estimated annual operations and maintenance costs; and (3) the sources and distribution of funding by fiscal year and by agency and bureau for each initiative including agency contributions to date and estimated future contributions by agency. (c) No funds shall be available for obligation or expenditure for new E-Government initiatives without the explicit approval of the Committees on Appropriations of the House of Representa- tives and the Senate. SEC. 734. Notwithstanding section 1346 of title 31, U nited States Code, and section 708 of this Act and any other provision of law, the head of each appropriate executive department and agency shall transfer to or reimburse the Federal Aviation Adminis- tration, upon the direction of the Director of the Office of Manage- ment and Budget, funds made available by this or any other Act for the purposes described below, and shall submit budget requests for such purposes. These funds shall be administered by the Federal Budgetr e q ue s ts .D e a d lin e. R e po rts.


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 123STA T . 321 4PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9Aviat i on A dm ini s t r ation , in c ons ul tation w it h th e a p propriate inter - a g enc y groups designated b y the D irector and shall be used to ensure the uninterrupted, continuous operation o f the M idway Atoll Airfield by the F ederal Aviation Administration pursuant to an operational agreement with the Department of the I nterior for the entirety of fiscal year 201 0 and any period thereafter that precedes the enactment of the Financial S ervices and G eneral Government Appropriations Act, 2011 .T he Director of the O ffice of Management and B udget shall mandate the necessary transfers after determining an e q uitable allocation between the appropriate e x ecutive departments and agencies of the responsibility for funding the continuous operation of the Midway Atoll Airfield based on, but not limited to, potential use, interest in maintaining aviation safety, and applicability to governmental operations and agency mission. The total funds transferred or reimbursed shall not exceed $6 ,000,000 for any 12-month period. Such sums shall be sufficient to ensure continued operation of the airfield throughout the period cited above. Funds shall be available for operation of the airfield or airfield-related capital upgrades. The Director of the Office of Management and Budget shall notify the C ommittees on Appropria- tions of the H ouse of R epresentatives and the Senate of such trans- fers or reimbursements within 1 5 days of this Act. Such transfers or reimbursements shall begin within 3 0 days of enactment of this Act. S EC . 7 35. N one of the funds appropriated or otherwise made available by this or any other Act may be used to begin or announce a study or public-private competition regarding the conversion to contractor performance of any function performed by Federal employees pursuant to Office of Management and Budget Circular A – 76 or any other administrative regulation, directive, or policy. SEC. 736. U nless otherwise authori z ed by existing law, none of the funds provided in this Act or any other Act may be used by an executive branch agency to produce any prepac k aged news story intended for broadcast or distribution in the United States, unless the story includes a clear notification within the text or audio of the prepackaged news story that the prepackaged news story was prepared or funded by that executive branch agency. SEC. 737. None of the funds made available in this Act may be used in contravention of section 552a of title 5, United States Code ( popularly known as the P rivacy Act ) and regulations imple- menting that section. SEC. 73 8 . E ach executive department and agency shall evaluate the creditworthiness of an individual before issuing the individual a government travel charge card. Such evaluations for individually billed travel charge cards shall include an assessment of the individ- ual ’ s consumer report from a consumer reporting agency as those terms are defined in section 603 of the Fair Credit Reporting Act (Public L aw 9 1–508)
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d, That the department or agency may not issue a government travel charge card to an individual that either lacks a credit history or is found to have an unsatisfac- tory credit history as a result of this evaluation: Provided fu r th er, That this restriction shall not preclude issuance of a restricted- use charge, debit, or stored value card made in accordance with agency procedures to: (1) an individual with an unsatisfactory credit history where such card is used to pay travel expenses and the agency determines there is no suitable alternative payment mecha- nism available before issuing the card or (2) an individual who Evalu a tion.5USC 5 701 not e . N e ws sto ry . Stu d y. D eadline. Noti f i c ation. Deadline.


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 123STA T . 321 5PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9lacks ac redith ist o r y.E ach e x ec u ti v ede p art m e n tanda g ency shall esta b lish guidelines and procedures f or disciplinary actions to be taken against agency personnel for improper , fraudulent, or abusive use of government charge cards, w hich shall include appropriate disciplinary actions for use of charge cards for purposes, and at establishments, that are inconsistent with the official business of the D epartment or agency or with applicable standards of conduct. SEC . 739 . ( a ) DE FIN I T I O N S . —F or purposes of this section the following definitions apply ( 1 ) GR E A T L A K ES.— T he terms ‘ ‘Great L akes ’ ’ and ‘‘Great Lakes State’’ have the same meanings as such terms have in section 506 of the W ater R esources Development A ct of 2 000 ( 4 2 U .S. C . 1962d – 22). (2) GREAT LAKES RESTORATION ACTI V ITIES.—The term ‘‘Great Lakes restoration activities’’ means any Federal or State activity primarily or entirely within the Great Lakes watershed that seeks to improve the overall health of the Great Lakes ecosystem. (b) RE P ORT.— N ot later than 45 days after submission of the budget of the P resident to Congress, the Director of the O ffice of M anagement and B udget, in coordination with the Governor of each Great Lakes State and the Great Lakes I nteragency Task Force, shall submit to the appropriate authori z ing and appro - priating committees of the Senate and the H ouse of Representatives a financial report, certified by the Secretary of each agency that has budget authority for Great Lakes restoration activities, con- taining— (1) an interagency budget crosscut report that— (A) displays the budget proposed, including any planned interagency or intra-agency transfer, for each of the Federal agencies that carries out Great Lakes restora- tion activities in the upcoming fiscal year, separately reporting the amount of funding to be provided under existing laws pertaining to the Great Lakes ecosystem and (B) identifies all expenditures since fiscal year 2004 by the Federal Government and State governments for Great Lakes restoration activities; (2) a detailed accounting of all funds received and obligated by all Federal agencies and, to the extent available, State agencies using Federal funds, for Great Lakes restoration activi- ties during the current and previous fiscal years; (3) a budget for the proposed pro j ects (including a descrip- tion of the project, authorization level, and project status) to be carried out in the upcoming fiscal year with the Federal portion of funds for activities; and (4) a listing of all projects to be undertaken in the upcoming fiscal year with the Federal portion of funds for activities. SEC. 740. (a) IN GENERAL.—None of the funds appropriated or otherwise made available by this or any other Act may be used for any Federal Government contract with any foreign incor- porated entity which is treated as an inverted domestic corporation under section 8 35(b) of the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any subsidiary of such an entity. (b) WAIVERS.— (1) IN G ENERAL.—Any Secretary shall waive subsection (a) with respect to any Federal Government contract under the Det e rmina ti o n .C ontra c t s . Certi f ication. Gu i d e l ines. P rocedures.


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 123STA T . 321 6PUBLIC LA W 111 – 11 7—DE C. 16 , 2 0 0 9authori t y o fs u c h Se cretary if the Secretary d eter m i n es that the w ai v erisre q uired in the interest of nationa l security .(2)REPORT TO C O NG RE S S. —A ny Secretary issuin g a waiver under p aragraph ( 1 ) shall report such issuance to C ongress. (c) EX CEPT I ON.— T his section shall not apply to any F ederal G overnment contract entered into b efore the date of the enactment of this Act , or to any tas k order issued pursuant to such contract. SEC. 74 1. N one of the funds made available by this or any other Act may be used to implement, administer, enforce, or apply the rule entitled ‘ ‘Competitive Area ’ ’ published by the O ffice of P ersonnel M anagement in the Federal Register on April 1 5 ,2 0 0 8 (7 3 Fed. Reg. 20180 et seq.). SEC. 742. (a) Section 748 of the Financial Services and General Government Appropriations Act, 200 9 (Public L aw 111 – 8, division D ) is repealed. (b) H ereafter, the President may modify or replace E x ecutive Order No. 13423 if the President determines that a revised or new executive order will achieve equal or better environmental or energy efficiency results. SEC. 743. (a) SER V ICE CONTR A CT I NVENTOR Y RE QU IRE M ENT.— (1) GUI D ANCE.—Not later than March 1, 2010, the Director of the Office of Management and B udget shall develop and disseminate guidance to aid executive agencies in establishing systems for the collection of information required to meet the requirements of this section and to ensure consistency of inven - tories across agencies. (2) REPORT.—Not later than J uly 31, 2010, the Director of the Office of Management and Budget shall submit a report to Congress on the status of efforts to enable executive agencies to prepare the inventories required under paragraph (3), including the development, as appropriate, of guidance, meth- odologies, and technical tools. (3) INVENTORY CONTENTS.—Not later than December 31, 2010, and annually thereafter, the head of each executive agency required to submit an inventory in accordance with the Federal Activities Inventory Reform Act of 1998 (Public Law 105–270 31 U .S.C. 501 note), other than the Department of Defense, shall submit to the Office of Management and Budget an annual inventory of service contracts awarded or extended through the exercise of an option on or after April 1, 2010, for or on behalf of such agency. For each service contract, the entry for an inventory under this section shall include, for the preceding fiscal year, the following (A) A description of the services purchased by the executive agency and the role the services played in achieving agency ob j ectives, regardless of whether such a purchase was made through a contract or task order. (B) The organi z ational component of the executive agency administering the contract, and the organizational component of the agency whose requirements are being met through contractor performance of the service. (C) The total dollar amount obligated for services under the contract and the funding source for the contract. (D) The total dollar amount invoiced for services under the contract. (E) The contract type and date of award. Deadlin e s.31USC50 1n ot e. Pr esident. Deter m ination. 42 USC 4321 note. Ante,p . 6 30.


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 123STA T . 321 7PUBLIC LA W 111 – 117 —DE C.1 6, 2 0 0 9(F)Thenam e oft he c ont r actor an dpl ace of perform - ance . ( G )Then u m b er and w or k locat i on of contractor and s ubcontractor emplo y ees , e x pressed as full-time e q ui v alents for direct labor, compensated under the contract. ( H ) W hether the contract is a personal services con- tract. ( I ) Whether the contract was awarded on a noncompeti- tive basis, re g ardless of date of award. (b) F ORM . —R eports required under this section shall be sub- mitted in unclassified form, but may include a classified annex. (c) PUBLICAT IO N .— N ot later than 30 days after the date on which the inventory under subsection (a)(3) is required to be sub- mitted to the O ffice of M anagement and B udget, the head of each executive agency shall— ( 1 ) make the inventory available to the public and ( 2 ) publish in the Federal Register a notice that the inven- tory is available to the public. (d) GO VE RNMENT- W I D E INVENTOR Y RE P ORT.—Not later than 9 0 days after the deadline for submitting inventories under subsection (a)(3), and annually thereafter, the D irector of the Office of Manage- ment and Budget shall submit to C ongress and make publicly available on the Office of Management and Budget website a report on the inventories submitted. The report shall identify whether each agency required to submit an inventory under subsection (a)(3) has met such requirement and summari z e the information submitted by each executive agency required to have a Chief Finan- cial Officer pursuant to section 901 of title 31, U nited S tates Code. (e) REVIEW AND PLANNIN G RE Q UIREMENT S .—Not later than 1 8 0 days after the deadline for submitting inventories under subsection (a)(3) for an executive agency, the head of the executive agency, or an official designated by the agency head shall— (1) review the contracts and information in the inventory; (2) ensure that— ( A ) each contract in the inventory that is a personal services contract has been entered into, and is being per- formed, in accordance with applicable laws and regulations; (B) the agency is giving special management attention to functions that are closely associated with inherently governmental functions; (C) the agency is not using contractor employees to perform inherently governmental functions; (D) the agency has specific safeguards and monitoring systems in place to ensure that work being performed by contractors has not changed or expanded during performance to become an inherently governmental func- tion; ( E ) the agency is not using contractor employees to perform critical functions in such a way that could affect the ability of the agency to maintain control of its mission and operations; and (F) there are sufficient internal agency resources to manage and oversee contracts effectively; (3) identify contracts that have been poorly performed, as determined by a contracting officer, because of excessive costs or inferior quality; and Public i nformat ion .We b p o s tin g . F e d eral R egister , publication. N otice. Public information.


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 123STA T . 321 8PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9(4)ident i fyco nt ra ct s t h at sho ul d b e considered for con v er - sion to — ( A ) p erfor m ance by F ederal employees of the e x ecutive a g ency in accordance w ith agency insourcing guidelines re q uired under section 736 of the Financial S ervices and G eneral Government Appropriations Act ,20 0 9 ( P ublic L aw 1 11 –8, division D ) or ( B ) an alternative acquisition approach that would better enable the agency to efficiently utili z e its assets and achieve its public mission . (f) REPORT O N A C T I ON STAK EN IN RESPONSE TO ANN U A LI N V EN- TOR Y .— N ot later than one year after submitting an annual inven- tory under subsection (a)(3), the head of each executive agency submitting such an inventory shall submit to the O ffice of M anage- ment and Budget a report summarizing the actions ta k en pursuant to subsection (e), including any actions taken to consider and convert functions from contractor to Federal employee performance. The report shall be included as an attachment to the next annual inventory and made publicly available in accordance with subsection (c). (g) SU BM ISSION O F SERVICE C ONTRACT INVENTORY BEFORE PUBLIC-PRIVATE COMPETITION.—Notwithstanding any other provi- sion of law, beginning in fiscal year 2011, if an executive agency has not submitted to the Office of Management and Budget the inventory required under subsection (a)(3) for the prior fiscal year, the agency may not begin, plan for, or announce a study or public- private competition regarding the conversion to contractor perform- ance of any function performed by Federal employees pursuant to Office of Management and Budget Circular A–76 or any other administrative regulation or directive until such time as the inven- tory is submitted for the prior fiscal year. (h) GAO REPORTS ON IMPLEMENTATION.— (1) REPORT ON G UI D ANCE.—Not later than 120 days after submission of the report by the Director of the Office of Manage- ment and Budget required under subsection (a)(2), the Comp- troller General of the U nited States shall report on the guidance issued and actions taken by the Director. The report shall be submitted to the Committee on H omeland Security and Governmental Affairs and the Committee on Appropriations of the Senate and the Committee on Oversight and Government Reform and the Committee on Appropriations of the House of Representatives. (2) REPORTS ON INVENTORIES.— (A) INITIAL INVENTORY.—Not later than September 30, 2011, the Comptroller General of the United States shall submit a report to the Committees named in the preceding paragraph on the initial implementation by executive agen- cies of the inventory requirement in subsection (a)(3) with respect to inventories required to be submitted by December 31, 2010. (B) SECOND INVENTORY.—Not later than September 30, 2012, the Comptroller General shall submit a report to the same Committees on annual inventories required to be submitted by December 31, 2011. (3) PERIODIC BRIEFINGS.—The Comptroller General shall provide periodic briefings, as may be requested by the Commit- tees, on matters related to implementation of this section. Ef f ectiv e da te .


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 123STA T . 321 9PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 09 (i)EXECUTIV E AG E N C YD E F INE D.—Inth i s s ec ti o n , the te rm‘ ‘e x ec u ti v e ag enc y’ ’ has the meaning given the term in section 4 o f the O ffice of F e d era lP rocurement Policy Act (4 1U . S . C . 4 03 ). SEC. 7 44. (a) T he ad j ustment in rates of b asic p ay for employees under the statutory pay systems that ta k es effect in fiscal year 2 010 under section 5 303 of title 5, United States Code, shall be an increase of 1.5 percent, and the overall average percentage of the adjustments taking effect in such fiscal year under sections 5304 – 5304a of such title 5 shall be an increase of 0.5 percent ( w ith comparability payments to be determined and allocated among pay localities by the President). Adjustments under the preceding sentence shall also apply to civilian employees in the Department of H omeland Security and in the Department of Defense. All adjust - ments under this subsection shall be effective as of the first day of the first applicable pay period beginning on or after J anuary 1, 2010. (b) N otwithstanding section 710, the adjustment in rates of basic pay for the statutory pay systems that take place in fiscal year 2010 under sections 5344 and 534 8 of title 5, United States Code, shall be no less than the percentages in subsection (a) as employees in the same location whose rates of basic pay are adjusted pursuant to the statutory pay systems under section 5303 and 5304–5304a of title 5, United States Code. Prevailing rate employees at locations where there are no employees whose pay is increased pursuant to sections 5303 and 5304–5304a of such title 5 and prevailing rate employees described in section 5343(a)(5) of such title 5 shall be considered to be located in the pay locality designated as ‘‘ R est of U.S.’’ pursuant to section 5304 of such title 5 for purposes of this subsection. (c) Funds used to carry out this section shall be paid from appropriations, which are made to each applicable department or agency for salaries and expenses for fiscal year 2010. SEC. 745. (a) Section 5538 of title 5, United States Code, is amended by striking subsection (b) and inserting the following ‘‘(b) Amounts under this section shall be payable with respect to each pay period (which would otherwise apply if the employee’s civilian employment had not been interrupted)— ‘‘(1) during which such employee is entitled to re-employ- ment rights under chapter 43 of title 38 with respect to the position from which such employee is absent (as referred to in subsection (a)) and ‘‘(2) for which such employee does not otherwise receive basic pay (including by taking any annual, military, or other paid leave) to which such employee is entitled by virtue of such employee’s civilian employment with the G overnment.’’. (b) The amendments made by this section shall take effect on the first day of the first applicable pay period beginning on or after the date of the enactment of this Act. SEC. 74 6 . Except as expressly provided otherwise, any reference to ‘‘this Act’’ contained in any title other than title I V or VIII shall not apply to such title IV or VIII. SEC. 747. (a) DEFINITI O N S .—For purposes of this section the following definitions apply: (1) The term ‘‘covered manufacturer’’ means— (A) an automobile manufacturer in which the United States Government has an ownership interest, or to which the Government has provided financial assistance under Ef f ectiv e da te .5USC 55 38no te. Ap p l ica b ilit y . Effective date. Pr e s ident. D eter m ination. 5USC53 0 3 note.


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 123STA T . 322 0PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9ti t leIof t h e Em e rg e ncy Economic S t ab ili z ation A ct of 20 0 8; or (B) ana u tomobile manufacturer w hich ac q uire d more than half of the a s sets of an automobile manufacturer in which the U nited States G o v ernment has an ownershi p interest , or to which the Government has provided financial assistance under title I of the Emergency Economic Sta - bilization Act of 2008 . (2) T he term ‘ ‘covered dealership ’ ’ means an automobile dealership that had a franchise agreement for the sale and service of vehicles of a brand or brands with a covered manufac- turer in effect as of O ctober 3, 2008, and such agreement was terminated, not assigned in the form e x isting on October 3, 2008 to another covered manufacturer in connection with an acquisition of assets related to the manufacture of that vehicle brand or brands, not renewed, or not continued during the period beginning on October 3, 2008, and ending on D ecember 3 1, 2010. (b) A covered dealership that was not lawfully terminated under applicable State law on or before April 2 9, 2009, shall have the right to see k , through binding arbitration, continuation, or reinstatement of a franchise agreement, or to be added as a franchisee to the dealer network of the covered manufacturer in the geographical area where the covered dealership was located when its franchise agreement was terminated, not assigned, not renewed, or not continued. Such continuation, reinstatement, or addition shall be limited to each brand owned and manufactured by the covered manufacturer at the time the arbitration commences, to the extent that the covered dealership had been a dealer for such brand at the time such dealer’s franchise agreement was terminated, not assigned, not renewed, or not continued. (c) Before the end of the 30-day period beginning on the date of the enactment of this Act, a covered manufacturer shall provide to each covered dealership related to such covered manufacturer a summary of the terms and the rights accorded under this section to a covered dealership and the specific criteria pursuant to which such dealer was terminated, was not renewed, or was not assumed and assigned to a covered manufacturer. (d) A covered dealership may elect to pursue the right to binding arbitration with the appropriate covered manufacturer. Such election must occur within 4 0 days of the date of enactment. The arbitration process must commence as soon as practicable thereafter with the selection of the arbitrator and conclude with the case being submitted to the arbitrator for deliberation within 180 days of the date of enactment of this Act. The arbitrator may extend the time periods in this subsection for up to 30 days for good cause. The covered manufacturer and the covered dealer- ship may present any relevant information during the arbitration. The arbitrator shall balance the economic interest of the covered dealership, the economic interest of the covered manufacturer, and the economic interest of the public at large and shall decide, based on that balancing, whether or not the covered dealership should be added to the dealer network of the covered manufacturer. The factors considered by the arbitrator shall include (1) the covered dealership’s profitability in 200 6, 200 7 , 2008, and 2009, (2) the Deadlin e s. Deadline.


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 123STA T . 3221 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9cover e dmanuf ac t urer ’s overa l l b us i ness p lan ,(3) t h e covered dealer - ship’s current economic viabilit y ,( 4 ) the covered dealership’s satis- faction of the performance ob j ectives established pursuant to the applicable franchise a g reement, ( 5 ) the demographic and geographic characteristics of the covered dealership’s mar k et territory, ( 6 ) the covered dealership’s performance in relation to the criteria used by the covered manufacturer to terminate, not rene w , not assume or not assign the covered dealership’s franchise agreement, and ( 7 ) the length of e x perience of the covered dealership .T he arbitrator shall issue a written determination no later than 7 business days after the arbitrator determines that case has been fully submitted. A t a minimum, the written determination shall include ( 1 ) a descrip- tion of the covered dealership, ( 2 ) a clear statement indicating whether the franchise agreement at issue is to be renewed, contin- ued, assigned or assumed by the covered manufacturer, (3) the key facts relied upon by the arbitrator in making the determination, and (4) an explanation of how the balance of economic interests supports the arbitrator’s determination. (e) The arbitrator shall be selected from the list of q ualified arbitrators maintained by the R egional O ffice of the American Arbitration Association (AAA), in the Region where the dealership is located, by mutual agreement of the covered dealership and covered manufacturer. I f agreement cannot be reached on a suitable arbitrator, the parties shall request AAA to select the arbitrator. There will be no depositions in the proceedings, and discovery shall be limited to requests for documents specific to the covered dealership. The parties shall be responsible for their own expenses, fees, and costs, and shall share equally all other costs associated with the arbitration, such as arbitrator fees, meeting room charges, and administrative costs. The arbitration shall be conducted in the S tate where the covered dealership is located. P arties will have the option of conducting arbitration electronically and tele- phonically, by mutual agreement of both parties. The arbitrator shall not award compensatory, punitive, or exemplary damages to any party. If the arbitrator finds in favor of a covered dealership, the covered manufacturer shall as soon as practicable, but not later than 7 business days after receipt of the arbitrator’s deter- mination, provide the dealer a customary and usual letter of intent to enter into a sales and service agreement. After executing the sales and service agreement and successfully completing the oper- ational prerequisites set forth therein, a covered dealership shall return to the covered manufacturer any financial compensation provided by the covered manufacturer in consideration of the cov- ered manufacturer’s initial determination to terminate, not renew, not assign or not assume the covered dealership’s applicable fran- chise agreement. (f) Any legally binding agreement resulting from a voluntary negotiation between a covered manufacturer and covered dealer- ship(s) shall not be considered inconsistent with this provision and any covered dealership that is a party to such agreement shall forfeit the right to arbitration established by this provision. (g) N otwithstanding the requirements of this provision, nothing herein shall prevent a covered manufacturer from lawfully termi- nating a covered dealership in accordance with applicable State law. Deadlin e .Co n tr a c t s. Deter m ination. Deadline.


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 123STA T . 3222 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9TI T LEV III G E N E RA L P R O VI S IONS —D ISTRI C TO F COL UMB IA (INCLUD IN GTRA N SFE R O F FUNDS ) SEC .801 . When e v e ri n t hi s A c t ,a na mou ntiss p eci f ie dw ithin an appropriation for particu l ar purposes or o bj ects of e x penditure, such amount, unless otherwise specified, shall be considered as the maximum amount that ma y be expended for said purpose or object rather than an amount set apart exclusively therefor. SEC. 80 2 . Appropriations in this Act shall be available for expenses of travel and for the payment of dues of or g ani z ations concerned with the wor k of the District of Columbia government, when authorized by the Mayor, or, in the case of the Council of the District of Columbia, funds may be expended with the authorization of the Chairman of the Council. SEC. 80 3 . There are appropriated from the applicable funds of the District of Columbia such sums as may be necessary for making refunds and for the payment of legal settlements or judg - ments that have been entered against the District of Columbia government. SEC. 80 4 . ( a ) None of the Federal funds provided in this Act shall be used for publicity or propaganda purposes or implementa- tion of any policy including boycott designed to support or defeat legislation pending before Congress or any State legislature. (b) The District of Columbia may use local funds provided in this title to carry out lobbying activities on any matter. SEC. 80 5 . (a) None of the Federal funds provided under this Act to the agencies funded by this Act, both Federal and District government agencies, that remain available for obligation or expenditure in fiscal year 2010, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be avail- able for obligation or expenditures for an agency through a re- programming of funds which— (1) creates new programs (2) eliminates a program, project, or responsibility center; (3) establishes or changes allocations specifically denied, limited or increased under this Act; (4) increases funds or personnel by any means for any program, project, or responsibility center for which funds have been denied or restricted; (5) re-establishes any program or project previously deferred through reprogramming; ( 6 ) augments any existing program, project, or responsi- bility center through a reprogramming of funds in excess of $ 3,000,000 or 10 percent, whichever is less; or ( 7 ) increases by 20 percent or more personnel assigned to a specific program, project or responsibility center, unless the Committees on Appropriations of the H ouse of Represent- atives and the Senate are notified in writing 15 days in advance of the reprogramming. (b) The District of Columbia government is authorized to approve and execute reprogramming and transfer re q uests of local funds under this title through November 1, 2010. Notif i ca tio n.De a dl ine. L o b b y in g .


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 123STA T . 3223 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9SEC.806 . Consi s te nt w it h the pr o v isions o f se c tion 13 01 (a) of tit l e31 ,U nite d States Code, appropriations u nder this A ct shall b e applied onl y to the ob j ects for which the appropriations were m ade e x cept as otherwise provided by law. SEC. 80 7 . N one of the F ederal funds provided in this Act may be used by the D istrict of Columbia to provide for salaries, expenses, or other costs associated with the offices of United States Senator or United States R epresentative under section 4 (d) of the District of Columbia Statehood Constitutional Convention I nitiatives of 1 9 79 (D.C. L aw3 – 171 D.C. O fficial Code, sec. 1–1 2 3). SEC. 808. E xcept as otherwise provided in this section, none of the funds made available by this Act or by any other Act may be used to provide any officer or employee of the District of Columbia with an official vehicle unless the officer or employee uses the vehicle only in the performance of the officer ’ s or employee’s official duties. For purposes of this section, the term ‘ ‘official duties’’ does not include travel between the officer’s or employee’s residence and wor k place, except in the case of — (1) an officer or employee of the M etropolitan P olice Depart - ment who resides in the District of Columbia or a District of Columbia g overnment employee as may otherwise be des- ignated by the Chief of the Department; (2) at the discretion of the Fire Chief, an officer or employee of the District of Columbia Fire and Emergency Medical Serv- ices Department who resides in the District of Columbia and is on call 24 hours a day or is otherwise designated by the Fire Chief; (3) at the discretion of the Director of the Department of Corrections, an officer or employee of the District of Columbia Department of Corrections who resides in the District of Columbia and is on call 24 hours a day or is otherwise des- ignated by the Director; (4) the Mayor of the District of Columbia; and ( 5 ) the Chairman of the Council of the District of Columbia. SEC. 809. (a) None of the Federal funds contained in this Act may be used by the District of Columbia Attorney G eneral or any other officer or entity of the District government to provide assistance for any petition drive or civil action which seeks to re q uire Congress to provide for voting representation in Congress for the District of Columbia. (b) Nothing in this section bars the District of Columbia Attorney General from reviewing or commenting on briefs in private lawsuits, or from consulting with officials of the District government regarding such lawsuits. SEC. 810. None of the Federal funds contained in this Act may be used to distribute any needle or syringe for the purpose of preventing the spread of blood borne pathogens in any location that has been determined by the local public health or local law enforcement authorities to be inappropriate for such distribution. SEC. 811. Nothing in this Act may be construed to prevent the Council or Mayor of the District of Columbia from addressing the issue of the provision of contraceptive coverage by health insur- ance plans, but it is the intent of Congress that any legislation enacted on such issue should include a ‘‘conscience clause’’ which provides exceptions for religious beliefs and moral convictions. Contracep t iv e s. Conscience e x ceptions. N ee dl e distri bu tion. V otin g rig h ts. A pplicabilit y .


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 123STA T . 322 4PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9SEC.812 . TheMayor o ft he Dis tri c tof C o lumb ia shall submit to the Committees o nAp propriations of the H ouse of R epresenta - ti v es an d the Senate , the Committee on O versi g ht and G overnment Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate annual reports addressing —( 1 ) crime, including the homicide rate, implementation of community policing, the number of police officers on local beats, and the closing do w n of open-air drug mar k ets (2) access to substance and alcohol abuse treatment, including the number of treatment slots, the number of people served, the number of people on waiting lists, and the effective- ness of treatment programs, the retention rates in treatment programs, and the recidivism / re-arrest rates for treatment participants; ( 3 ) management of parolees and pre-trial violent offenders, including the number of halfway houses escapes and steps taken to improve monitoring and supervision of halfway house residents to reduce the number of escapes to be provided in consultation with the Court Services and Offender Supervision Agency for the District of Columbia; ( 4 ) education, including access to special education services and student achievement to be provided in consultation with the District of Columbia P ublic Schools and the District of Columbia public charter schools, repeated grade rates, high school graduation rates, post-secondary education attendance rates, and teen pregnancy rates; ( 5 ) improvement in basic District services, including rat control and abatement; ( 6 ) application for and management of F ederal grants, including the number and type of grants for which the District was eligible but failed to apply and the number and type of grants awarded to the District but for which the District failed to spend the amounts received; ( 7 ) indicators of child and family well-being including child living arrangements by family structure, number of children aging out of foster care, poverty rates by family structure, crime by family structure, marriage rates by income q uintile, and out-of-wedlock births; and (8) employment, including j ob status and participation in assistance programs by income, education and family structure. SEC. 813. N one of the Federal funds contained in this Act may be used to enact or carry out any law, rule, or regulation to legali z e or otherwise reduce penalties associated with the posses- sion, use, or distribution of any schedule I substance under the Controlled Substances Act (21 U .S.C. 8 0 1 et seq.) or any tetrahydrocannabinols derivative. SEC. 814. None of the Federal funds appropriated under this Act shall be e x pended for any abortion except where the life of the mother would be endangered if the fetus were carried to term or where the pregnancy is the result of an act of rape or incest. SEC. 815. (a) No later than 30 calendar days after the date of the enactment of this Act, the Chief Financial Officer for the District of Columbia shall submit to the appropriate committees of Congress, the Mayor, and the Council of the District of Columbia, a revised appropriated funds operating budget in the format of the budget that the District of Columbia government submitted Deadlin e .Bu d g e t. Abor tion. Drug s and drug abuse. Deadline. R e p orts.


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 123STA T . 322 5PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9purs u ant t o s ec t i on 4 4 2 o f t h e D istrict of C o l u mb ia H ome R ule A ct ( D . C. O fficial Co d e, sec. 1– 2 0 4.42 ) ,foralla g encies of the District of Columbia go v ernment for fiscal y ear 2010 that is in the total amount of the approved appropriation and that realigns all budg - eted data for personal services and other-than-personal services, respectively, w ith anticipated actual e x penditures. (b) T his section shall apply only to an agency for which the Chief F inancial Officer for the District of Columbia certifies that a reallocation is re q uired to address unanticipated changes in pro- gram requirements. SEC . 8 1 6 . N o later than 3 0 calendar days after the date of the enactment of this Act, the Chief Financial Officer for the District of Columbia shall submit to the appropriate committees of Congress, the M ayor, and the Council for the District of Columbia, a revised appropriated funds operating budget for the District of Columbia P ublic Schools that aligns schools budgets to actual enrollment. The revised appropriated funds budget shall be in the format of the budget that the District of Columbia government submitted pursuant to section 442 of the District of Columbia Home Rule Act (D.C. Official Code, Sec. 1–204.42). SEC. 81 7 . Amounts appropriated in this Act as operating funds may be transferred to the District of Columbia ’ s enterprise and capital funds and such amounts, once transferred, shall retain appropriation authority consistent with the provisions of this Act. SEC. 818. E xcept as expressly provided otherwise, any reference to ‘ ‘this Act’’ contained in this title or in title IV shall be treated as referring only to the provisions of this title or of title IV. This division may be cited as the ‘‘Financial Services and G en- eral Government Appropriations Act, 2010’’. DIV I S I ON D — D EPARTM ENTS O FL A B OR ,H EALTH AND H U MAN SERVI C ES, AND EDUCATION, AND RELATED A G ENCIES APPROPRIATIONS ACT, 201 0 TIT L EI DEPARTMENT OF LA B OR E MPLOY ME NTA N D T R A I NIN G ADMINI S TRATION TRAINING AND EMPLOYMENT SER V ICES ( INCL U DING TRANS F ER OF FUNDS ) For necessary expenses of the W or k force Investment Act of 1 9 98 (‘‘WIA’’), the Second Chance Act of 2007, and the Women in Apprenticeship and Non-Traditional Occupations Act of 1992, including the purchase and hire of passenger motor vehicles, the construction, alteration, and repair of buildings and other facilities, and the purchase of real property for training centers as authori z ed by the WIA 3,828, 5 30,000, plus reimbursements, shall be avail- able. Of the amounts provided (1) for grants to States for adult employment and training activities, youth activities, and dislocated worker employment and training activities, $2,969,449,000 as follows: (A) $861,540,000 for adult employment and training activities, of which $149,540,000 shall be available for the period J uly 1, 2010, through June 30, 2011, and of which Departm e n t ofL a b or A ppropr i ation s A c t ,201 0 . Departments of Labor, H ea l t h an d H u man S er v ices, and E ducation, and R elated A g encies Appropriations Act, 2010. Deadline. B udget. Applicabilit y . C ertification.


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 123STA T . 322 6PUBLIC LA W 111 – 11 7—DE C. 16 , 2 0 0 9$712,0 00,000 shal l be a v a i lable fort he p erio dOc tober 1, 2010 thro ug h J u n e 3 0, 2011 $ 9 2 4 ,0 6 9,000 for y outh activities, w hich shall be available for the period A pril 1, 2010 through June 30, 2011; and ( C ) $1,1 8 3,840,000 for dislocated wor k ere m ployment and training activities, of which $323,840,000 shall be available for the period July 1, 2010 through June 30, 2011, and of which $860,000,000 shall be available for the period October 1, 2010 through June 30, 2011
 * (B)
 * Provide

d ,T hat notwithstanding the transfer limitation under section 133(b)(4) of the WI A, up to 30 percent of such funds may be transferred by a local board if approved by the G ov - ernor: Provided fu r th er, That a local board may award a con- tract to an institution of higher education or other eligible training provider if the local board determines that it would facilitate the training of multiple individuals in high-demand occupations, if such contract does not limit customer choice; (2) for federally administered programs, $470,038,000 as follows: (A) $229,160,000 for the dislocated workers assistance national reserve, of which $29,160,000 shall be available for the period July 1, 2010 through June 30, 2011, and of which $200,000,000 shall be available for the period October 1, 2010 through June 30, 2011: Provided, That funds provided to carry out section 132(a)(2)(A) of the WIA may be used to provide assistance to a S tate for State- wide or local use in order to address cases where there have been worker dislocations across multiple sectors or across multiple local areas and such workers remain dis- located; coordinate the State workforce development plan with emerging economic development needs; and train such eligible dislocated workers: Provided further, That funds provided to carry out section 171(d) of the WIA may be used for demonstration pro j ects that provide assistance to new entrants in the workforce and incumbent workers: Provided further, That none of the funds shall be obligated to carry out section 173(e) of the WIA; (B) $ 5 2,758,000 for N ative American programs, which shall be available for the period July 1, 2010 through June 30, 2011; (C) $84,620,000 for migrant and seasonal farmworker programs under section 167 of the WIA, including $78,410,000 for formula grants (of which not less than 70 percent shall be for employment and training services), $5,700,000 for migrant and seasonal housing (of which not less than 70 percent shall be for permanent housing), and $510,000 for other discretionary purposes, which shall be available for the period July 1, 2010 through June 30, 2011: Provided, That notwithstanding any other provi- sion of law or related regulation, the D epartment of L abor shall take no action limiting the number or proportion of eligible participants receiving related assistance services or discouraging grantees from providing such services; (D) $1,000,000 for carrying out the Women in Apprenticeship and Nontraditional Occupations Act, which


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 123STA T . 322 7PUBLIC LA W 111 – 117 —DE C.1 6, 2 0 0 9shal l be a v a i lable fort he p erio dJu l y1,20 10 throu g h Ju n e 3 0, 2011 and (E)$ 102, 5 00,000 for Y outh B uild a c tivities as described in section 1 7 3 A of the WI A, w hich shall be available for the period April 1, 2010 through June 30, 2011
 * Provide

d ,T hat for progra m year 2010 and each program year there - after, the YouthBuild program may serve an individual who has dropped out of high school and re-enrolled in an alternative school, if that re-enrollment is part of a se q uential service strategy; (3) for national activities, $3 89 ,0 4 3,000, as follows: (A) $93,450,000 for P ilots, D emonstrations, and R esearch, which shall be available for the period April 1, 2010 through June 30, 2011, of which $30,000,000 shall be for Transitional Jobs activities, and shall not be sub j ect to the requirements of section 171(b)(2)(B) or 171(c)(4)(D) of the WIA, and that up to 10 percent of the amount available for Transitional Jobs activities may be used for evaluation of such projects or transferred to the Depart- ment of H ealth and Human S ervices and / or the Department of Justice for support of Transitional Jobs activities; and of which $5,500,000 shall be for competitive grants to address the employment and training needs of young par- ents, and shall not be subject to the requirements of section 171(b)(2)(B) or 171(c)(4)(D) of the WIA; and of which $48,889,000 shall be used for the projects, and in the amounts, specified under the heading ‘ ‘Training and Employment Services ’ ’ in the statement of the managers on the conference report accompanying this Act: Provided, That funding provided to carry out such projects shall not be subject to the requirements of sections 171(b)(2)(B) and 171(c)(4)(D) of the WIA, the joint funding requirements of sections 171(b)(2)(A) and 171(c)(4)(A) of the WIA, or any time limit requirements of sections 171(b)(2)( C ) and 171(c)(4)(B) of the WIA; (B) $108,493,000 for e x -offender activities, under the authority of section 171 of the WIA and section 212 of the Second Chance Act of 2007, which shall be available for the period April 1, 2010 through June 30, 2011, notwith- standing the requirements of section 171(b)(2)(B) or 171(c)(4)(D) of the WIA, of which $15,000,000 shall be for competitive grants to provide Transitional Job activities for ex-offenders; (C) $9, 6 00,000 for Evaluation, which shall be available for the period July 1, 2010 through June 30, 2011; (D) $40,000,000 for activities that prepare wor k ers for careers in energy efficiency and renewable energy as described in section 171(e)(1)(B) of the WIA, under the authority of section 171 of the WIA, which shall be avail- able for the period July 1, 2010 through June 30, 2011, and which shall not be subject to the requirements of section 171(b)(2)(B) or 171(c)(4)(D); (E) $125,000,000 for Career Pathways Innovation F und, under the authority of section 171 of the WIA, which shall be available for the period July 1, 2010 through June 30, 2011, of which not less than $65,000,000 shall be dedicated to activities that prepare workers for careers 29USC 29 18b.


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Page:United States Statutes at Large Volume 123.djvu/3248

 123STA T . 322 8PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9inthe he al th c a r e s ect o r , an dw hich shall not b es u b j ect to the re q uire m ents o f section 17 1 ( b ) ( 2 )( B ) or 171(c)( 4 )( D ) and ( F ) $ 12, 50 0,000 for the W or k force Data Q ualit yI nitia - ti v e, under the authority of section 171(c)(2) of the WI A , which shall be available for the p eriod J uly 1, 2010 throu g h June 3 0, 2011, and which shall not be subject to the requirements of section 171(c)(4)(D) .COM M UNITYSERV ICE EM PL OYMENT F OR OL D ER A MERICANS T o carry out title V of the O lder Americans Act of 1 96 5( ‘ ‘OAA ’ ’), $ 8 25,425,000, of which $600,425,000 shall be available for the period July 1, 2010 through June 30, 2011 and of which $225,000,000 shall be available on the date of the enactment of this Act and remain available through December 31, 2011
 * Provide

d, That not- withstanding sections 506 and 514 of the OAA, $225,000,000 shall be allotted within 45 days of the date of the enactment of this Act to current grantees that the S ecretary of L abor determines can effectively utili z e additional funding: Provided fu r th er, That within 15 days of the enactment of this Act, the Secretary shall provide to the C ommittees on Appropriations of the H ouse of R ep- resentatives and the Senate a report on the procedure for allotting such funds: Provided further, That funds made available under this heading may, in accordance with section 517(c) of the OAA, be recaptured and reobligated. FEDERAL UNEMPLOYMENT B ENEFITS AND ALLO W ANCES For payments during fiscal year 2010 of trade adjustment ben- efit payments and allowances under part I of subchapter B of chapter 2 of title II of the Trade Act of 1974, and section 246 of that Act; and for training, employment and case management services, allowances for job search and relocation, and related State administrative e x penses under part II of subchapter B of chapter 2 of title II of the Trade Act of 1974, including benefit payments, allowances, training, and related State administration provided pursuant to paragraphs (1) and (2) of section 1891(b) of the Trade and G lobalization Adjustment Assistance Act of 2009, $1,818,400,000, together with such amounts as may be necessary to be charged to the subsequent appropriation for payments for any period subsequent to September 15, 2010. STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS For authorized administrative expenses, $86,403,000, together with not to exceed $3,977,278,000 which may be expended from the E mployment Security Administration Account in the U nemploy- ment Trust Fund (‘‘the Trust Fund’’), of which: (1) $3,195,645,000 from the Trust Fund is for grants to States for the administration of State unemployment insurance laws as authorized under title III of the Social Security Act (including $10,000,000 to conduct in-person reemployment and eligibility assessments and unemployment insurance improper payment reviews), the administration of unemployment insur- ance for Federal employees and for ex-service members as authorized under 5 U.S.C. 8501 – 8523, and the administration Deadlin e .R e ports . Deadline. Deter m ination.


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Page:United States Statutes at Large Volume 123.djvu/3249

 123STA T . 322 9PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 09 oftrade read jus t m e n ta l lo w an c es , reem p lo y ment trade adjust - ment ass i stance, and alternati v e trade adjustment assistance under t h e T rade A ct of 1974 and under section 1 8 91 (b) of the Trade and G lobali z ation Adjustment Assistance Act of 20 09, and shall be available for obli g ation by the S tates through D ecember 3 1, 2010, e x cept that funds used for automation ac q uisitions shall be available for obligation by the States through September 30, 2012, and funds used for unemployment insurance wor k loads experienced by the States through Sep- tember 30, 2010, shall be available for F ederal obligation through December 31, 2010 (2) $ 11,310,000 from the Trust Fund is for national activi- ties necessary to support the administration of the Federal- State unemployment insurance system; (3) $ 6 80,893,000 from the Trust Fund, together with $22,683,000 from the General Fund of the Treasury, is for grants to States in accordance with section 6 of the W agner- P eyser Act, and shall be available for Federal obligation for the period J uly 1, 2010 through June 30, 2011; (4) $20,994,000 from the Trust Fund is for national activi- ties of the E mployment Service, including administration of the work opportunity tax credit under section 5 1 of the I nternal R evenue C ode of 1986, and the provision of technical assistance and staff training under the Wagner-Peyser Act, including not to exceed $1,228,000 that may be used for amortization pay- ments to States which had independent retirement plans in their State employment service agencies prior to 1980; (5) $68,436,000 from the Trust Fund is for the administra- tion of foreign labor certifications and related activities under the Immigration and N ationality Act and related laws, of which $53,307,000 shall be available for the Federal administration of such activities, and $15,129,000 shall be available for grants to States for the administration of such activities; and (6) $63,720,000 from the General Fund is to provide workforce information, national electronic tools, and one-stop system building under the Wagner-Peyser Act and section 171 (e)(2)(C) of the Workforce Investment Act of 1998 and shall be available for Federal obligation for the period July 1, 2010 through June 30, 2011
 * Provide

d, That to the extent that the Average Weekly Insured U nemployment ( ‘ ‘AWIU ’ ’) for fiscal year 2010 is projected by the Department of L abor to exceed 5,059,000, an additional $28,600,000 from the Trust Fund shall be available for obligation for every 100,000 increase in the AWIU level (including a pro rata amount for any increment less than 100,000) to carry out title III of the Social Security Act: Provided fu r th er, That funds appropriated in this Act that are allotted to a State to carry out activities under title III of the Social Security Act may be used by such State to assist other States in carrying out activities under such title III if the other States include areas that have suffered a major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act: Provided further, That the Secretary of Labor may use funds appropriated for grants to States under title III of the Social Security Act to make payments on behalf of States for the use of the National Directory of New H ires under section 453(j)(8) of such Act: Provided further, That funds appropriated in this Act which are used to establish a national


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Page:United States Statutes at Large Volume 123.djvu/3250

 123STA T . 323 0PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9one-st o pcar eer center s y ste m, or whi ch are u se d to support the nationa l acti v ities o f the F ederal- S tate unemployment insurance or immi g ration programs, may b e obligated in contracts, grants, or agreements with non-State entities
 * Provide

d fu r th er, T hat funds appropriated under this A ct for activities authori z ed under title I II of the Social Security Act and the W agner- P eyser Act may be used by States to fund integrated U nemployment Insurance and E mployment Service automation efforts, notwithstanding cost allocation principles prescribed under the O ffice of M anagement and B udget C ircular A –87
 * Provided further

, That the Secretary, at the re q uest of a State participating in a consortium with other States, may reallot funds allotted to such State under title III of the Social Security Act to other States participating in the consortium in order to carry out activities that benefit the adminis- tration of the unemployment compensation law of the State ma k ing the request . In addition, $50 ,000,000 from the Employment Security Administration Account of the Unemployment Trust Fund shall be available to conduct in-person reemployment and eligibility assessments and unemployment insurance improper payment reviews. ADV A NCESTO T H E U NE MPL O Y MENT T R UST F UND AND OTHER FUNDS For repayable advances to the Unemployment Trust Fund as authorized by sections 9 05 ( d ) and 12 0 3 of the Social Security Act, and to the Black L ung D isability Trust Fund as authorized by section 9501(c)(1) of the Internal R evenue Code of 198 6; and for nonrepayable advances to the Unemployment Trust Fund as author- ized by 5 U.S.C. 8509, and to the ‘ ‘Federal Unemployment Benefits and Allowances ’ ’ account, such sums as may be necessary, which shall be available for obligation through September 30, 2011. PRO G RAM ADM I NISTRATION For e x penses of administering employment and training pro- grams, $97,516,000, together with not to exceed $50,1 4 0,000, which may be expended from the Employment Security Administration Account in the Unemployment Trust Fund. EMPLOYEE BENEFITS SECURITY ADMINISTRATION SALARIES AND E X PENSES For necessary expenses for the Employee Benefits Security Administration, $154,861,000. PENSION BENEFIT G UARANTY CORPORATION PENSION B ENEFIT GUARANTY CORPORATION FUND The Pension Benefit Guaranty Corporation (‘‘Corporation’’) is authorized to make such expenditures, including financial assist- ance authorized by subtitle E of title I V of the Employee Retirement Income Security Act of 1974, within limits of funds and borrowing authority available to the Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations, as provided by 31 U.S.C. 9104, as may


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Page:United States Statutes at Large Volume 123.djvu/3251

 123STA T . 3231 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9ben e c e s s aryi n carryin gout t h e p rogra m, inc l u d ing associated administrati v ee x penses, through S eptember 30, 2 0 1 0, f or the C or - poration
 * Provide

d, T hat none of the funds available to the Corpora- tion for fiscal year 2010 shall be available for obligations for administrative expenses in excess of $46 4,06 7 ,000: Provided fu r th er, That to the extent that the number of ne w plan participants in plans terminated by the Corporation exceeds 100,000 in fiscal year 2010, an amount not to exceed an additional $ 9 ,200,000 shall be available through September 30, 2011 for obligation for administra- tive expenses for every 20,000 additional terminated participants: Provided further, That an additional $ 5 0,000 shall be made avail- able through September 30, 2011, for obligation for investment management fees for every $25,000,000 in assets received by the Corporation as a result of new plan terminations or asset growth, after approval by the O ffice of M anagement and B udget and notification of the Committees on A ppropriations of the H ouse of R epresentatives and the Senate: Provided further, That obligations in excess of the amounts provided in this paragraph may be incurred for unforeseen and extraordinary pretermination expenses after approval by the Office of Management and Budget and notification of the Committees on Appropriations of the House of Representa- tives and the Senate .EMPLOY M ENT ST A N D A R D S ADM I NISTRATION SALARIES AND E X PENSES ( IN C L U DIN G RESCISSION AND TRANS F ER OF FUNDS )F or necessary expenses for the Employment Standards Administration, including reimbursement to State, Federal, and local agencies and their employees for inspection services rendered, $491,3 8 2,000, together with $2,124,000 which may be expended from the Special Fund in accordance with sections 39 ( c ) , 44(d), and 44( j ) of the L ongshore and Harbor W or k ers ’ Compensation Act: Provided, That the Secretary of Labor is authori z ed to establish and, in accordance with 31 U .S.C. 3302, collect and deposit in the Treasury fees for processing applications and issuing certificates under sections 11(d) and 14 of the Fair Labor Standards Act of 1938 and for processing applications and issuing registrations under title I of the Migrant and Seasonal Agricultural Worker P rotection Act: Provided further, That funds identified in the table contained in the statement of the managers on the conference report accom- panying this Act for Program D irection and Support may be allo- cated among the agencies included in this account and may be transferred to any other account within the Department of Labor for such purposes. Of the unobligated funds collected pursuant to section 286(v) of the Immigration and N ationality Act, $50,000,000 are rescinded as of September 30, 2010. SPECIAL B ENEFITS (INCLUDING TRANSFER OF FUNDS) For the payment of compensation, benefits, and expenses (except administrative expenses) accruing during the current or any prior fiscal year authorized by 5 U.S.C. 81 continuation of Fe e s.Notif i ca tio n . Notification.


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Page:United States Statutes at Large Volume 123.djvu/3252

 123STA T . 3232 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9ben e fitsa s prov i d ed for u nder t h e headin g‘ ‘ C ivi l ian W ar B enefits ’ ’ in the F ederal S e c urit yA gency Appropriation Act ,1947; the Em ployees’ Compensation Commission Appropriation Act, 1944; sec - tions 4 ( c ) and 5 (f) of the War Claims Act of 194 8 0 percent of the additional compensation and benefits re q uired by section 10(h) of the L ongshore and H arbor Wor k ers’ Compensation Act, $ 187,000,000, together w ith such amounts as may be necessary to be charged to the subsequent year appropriation for the payment of compensation and other benefits for any period subsequent to August 15 of the current year
 * and5
 * Provide

d, T hat amounts appropriated may be used under 5 U. S.C. 8104, by the Secretary of Labor to reimburse an employer, who is not the employer at the time of in j ury, for portions of the salary of a re-employed, disabled beneficiary: Provided fu r th er, That balances of reimbursements unobligated on September 3 0, 2 009, shall remain available until e x pended for the payment of compensation, benefits, and expenses: Provided further, That in addition there shall be transferred to this appropriation from the P ostal Service and from any other corporation or instrumentality required under 5 U.S.C. 8147(c) to pay an amount for its fair share of the cost of administration, such sums as the Secretary determines to be the cost of administra- tion for employees of such fair share entities through September 30, 2010: Provided further, That of those funds transferred to this account from the fair share entities to pay the cost of administration of the Federal Employees’ Compensation Act, $58,120,000 shall be made available to the Secretary as follows: (1) For enhancement and maintenance of automated data processing systems and telecommunications systems, $19,9 6 8,000; (2) For automated workload processing operations, including document imaging, centrali z ed mail intake, and med- ical bill processing, $23,323,000; (3) For periodic roll management and medical review, $14,829,000; and (4) The remaining funds shall be paid into the Treasury as miscellaneous receipts: Provided further, That the Secretary may require that any person filing a notice of injury or a claim for benefits under 5 U.S.C. 81, or the Longshore and Harbor Workers’ Compensation Act, pro- vide as part of such notice and claim, such identifying information (including Social Security account number) as such regulations may prescribe. SPECIALB E N E F I T SF ORD ISABLED COAL M INERS For carrying out title IV of the Federal M ine Safety and Health Act of 1977, as amended by Public Law 107 – 275, $169,180,000, to remain available until expended. For making after J uly 31 of the current fiscal year, benefit payments to individuals under title IV of such Act, for costs incurred in the current fiscal year, such amounts as may be necessary. For making benefit payments under title IV for the first quarter of fiscal year 2011, $45,000,000, to remain available until expended. Regulations.D ete rm ination.


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Page:United States Statutes at Large Volume 123.djvu/3253

 123STA T . 3233 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9ADMIN I STR ATI VE E XP ENSES , ENER GY EMP LO YEES O C C U PATIONAL ILLNESS COMPENSATION F UND Fornec e s s a r y e xp enses t oa dmi nister t h e E ner g y Emp l oyees O cc u pational I llness C ompensation P rogram A ct, $51, 90 0,000, to remain a v aila b le until expended
 * Provide

d, T hat the S ecretary o fL abor may re q uire that any person filing a claim for benefits under the Act provide as part of such claim, such identifying information ( including Social Security account number ) as may be prescribed .B LAC K LUNG DISABILITY TRUST FUND ( INCLUDING TRANSFER OF FUNDS ) In fiscal year 2 010, such sums as may be necessary from the B lac k Lung D isability Trust Fund ( ‘ ‘Fund ’ ’), to remain available until expended, for payment of all benefits authori z ed by section 9501(d)(1), (2), ( 4 ),and( 7 ) of the Internal R evenue Code of 19 86; and interest on advances, as authorized by section 9501(c)(2) of that Act. In addition, the follo w ing amounts may be expended from the Fund for fiscal year 2010 for expenses of operation and administration of the Black Lung Benefits program, as authorized by section 9501(d)(5): not to exceed $ 3 2,720,000 for transfer to the Employment Standards Administration ‘‘Salaries and Expenses’’; not to exceed $25,091,000 for transfer to Departmental M anagement, ‘‘Salaries and Expenses’’; not to exceed $327,000 for transfer to Departmental Management, ‘‘Office of Inspector G en - eral’’; and not to exceed $356,000 for payments into miscellaneous receipts for the expenses of the Department of the Treasury. OCCUPATIONAL SAFETY AND H EALT H ADMINISTRATION SALARIES AND EXPENSES For necessary expenses for the Occupational Safety and Health Administration, $558,620,000, including not to exceed $104,393,000 which shall be the maximum amount available for grants to States under section 23(g) of the Occupational Safety and Health Act (‘‘Act’’), which grants shall be no less than 50 percent of the costs of State occupational safety and health programs required to be incurred under plans approved by the Secretary of Labor under section 18 of the Act; and, in addition, notwithstanding 31 U .S.C. 3302, the Occupational Safety and Health Administration may retain up to $200,000 per fiscal year of training institute course tuition fees, otherwise authorized by law to be collected, and may utilize such sums for occupational safety and health training and education: Provided, That notwithstanding 31 U.S.C. 3302, the Sec- retary is authorized, during the fiscal year ending September 30, 2010, to collect and retain fees for services provided to N ationally Recognized Testing Laboratories, and may utilize such sums, in accordance with the provisions of 29 U.S.C. 9a, to administer national and international laboratory recognition programs that ensure the safety of equipment and products used by workers in the workplace: Provided fu r th er, That none of the funds appro- priated under this paragraph shall be obligated or expended to prescribe, issue, administer, or enforce any standard, rule, regula- tion, or order under the Act which is applicable to any person Fe e s.26USC9501not e.


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Page:United States Statutes at Large Volume 123.djvu/3254

 123STA T . 323 4PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9whoisenga ge d ina f a rm ing o p era t ion whi c h does not maintain a temporar yl a b or camp and employs 10 or fewer employees
 * Pro-vide

d fu r th er ,T hatnof u nds appropriated under this paragraph shall be obligated or e x pended to administer or enforce any standard, rule, regulation, or order under the A ct with respect to any employer of 10 or fewer employees who is included within a category ha v ing a D ays Away, R estricted, or Transferred ( DART ) occupational in j ury and illness rate, at the most precise industrial classification code for which such data are published, less than the national average rate as such rates are most recently published by the S ecretary, acting through the B ureau of L abor Statistics, in accordance with section 24 of the Act, except — (1) to provide, as authori z ed by the Act, consultation, tech - nical assistance, educational and training services, and to con- duct surveys and studies (2) to conduct an inspection or investigation in response to an employee complaint, to issue a citation for violations found during such inspection, and to assess a penalty for viola- tions which are not corrected within a reasonable abatement period and for any willful violations found; ( 3 )tota k e any action authorized by the Act with respect to imminent dangers; (4) to take any action authorized by the Act with respect to health hazards; ( 5 ) to take any action authorized by the Act with respect to a report of an employment accident which is fatal to one or more employees or which results in hospitalization of two or more employees, and to take any action pursuant to such investigation authorized by the Act; and ( 6 ) to take any action authorized by the Act with respect to complaints of discrimination against employees for exercising rights under the Act: Provided further, That the foregoing proviso shall not apply to any person who is engaged in a farming operation which does not maintain a temporary labor camp and employs 10 or fewer employees: Provided further, That $ 10, 7 50,000 shall be available for Susan H arwood training grants .MINE S AF E TY AN D HEA L T H AD M INI S T R ATI O N SALARIES AND E XP ENSES F or necessary expenses for the Mine Safety and Health Administration, $357,2 9 3,000, including purchase and bestowal of certificates and trophies in connection with mine rescue and first- aid work, and the hire of passenger motor vehicles, including up to $2,000,000 for mine rescue and recovery activities, and $1,450,000 to continue the project with the U nited Mine W orkers of America, for classroom and simulated rescue training for mine rescue teams; in addition, not to exceed $750,000 may be collected by the N ational Mine Health and Safety Academy for room, board, tuition, and the sale of training materials, otherwise authorized by law to be collected, to be available for mine safety and health education and training activities, notwithstanding 31 U.S. C. 3302; and, in addition, the Mine Safety and Health Administration may retain up to $1,000,000 from fees collected for the approval and certifi- cation of e q uipment, materials, and explosives for use in mines, Farms a ndf arm i n g.S ma l l bu sin e sses.


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Page:United States Statutes at Large Volume 123.djvu/3255

 123STA T . 323 5PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9andm a yutil i zes u ch sums for such acti v ities the S ecretary of L a b or is authorized to acce p t lands , buildin g s,e q uipment, and other contributions from public and private sources and to prosecute pro j ects in cooperation w ith other agencies, F ederal, State, or pri - vate; the M ine Safety and H ealth A dministration is authorized to promote health and safety education and training in the mining community through cooperative programs with States, industry, and safety associations; the Secretary is authorized to recognize the J oseph A. Holmes Safety Association as a principal safety association and, notwithstanding any other provision of law, may provide funds and, with or without reimbursement, personnel, including service of Mine Safety and Health Administration officials as officers in local chapters or in the national organization; and any funds available to the D epartment of Labor may be used, with the approval of the Secretary, to provide for the costs of mine rescue and survival operations in the event of a major disaster. BUREA U OF LA B ORS T AT IS TI C S SA L ARIES A ND E XP ENSES For necessary e x penses for the Bureau of Labor Statistics, including advances or reimbursements to State, Federal, and local agencies and their employees for services rendered, $53 3, 18 3, 0 00, together with not to exceed $ 7 8, 264 ,000, which may be expended from the E mployment Security Administration Account in the U nemployment T rust Fund, of which $1,500,000 may be used to fund the mass layoff statistics program under section 15 of the W agner- P eyser Act
 * Provide

d, That the C urrent Employment Survey shall maintain the content of the survey issued prior to June 2005 with respect to the collection of data for the women wor k er series. O FFICE OF DISABILIT Y E M PLOYMENT POLICY SALARIES AND EXPENSES For necessary expenses for the Office of Disability Employment Policy to provide leadership, develop policy and initiatives, and award grants furthering the objective of eliminating barriers to the training and employment of people with disabilities, $3 9 ,031,000. DEPARTMENTAL MANA G EMENT SALARIES AND EXPENSES ( INCLUDING TRANSFER OF FUNDS ) For necessary expenses for Departmental Management, including the hire of three sedans, $354,827,000, together with not to exceed $327,000, which may be expended from the Employ- ment Security Administration Account in the Unemployment Trust Fund: Provided, That $66,500,000 for the Bureau of I nternational Labor Affairs shall be available for obligation through December 31, 2010: Provided fu r th er, That funds available to the Bureau of International Labor Affairs may be used to administer or operate international labor activities, bilateral and multilateral technical Survey.30U S C962 .