text:
Page:United States Statutes at Large Volume 123.djvu/684

 123STA T .6 6 4PUBLIC LA W 111 –8—M A R .11, 2 0 0 9incompl i a nc ew i th the Pub lic B uil d in gsA mendments Act o f1972( Public L aw 92 –3 13 ).SEC . 5 1 4 . Fr om funds made a v ailable under the heading ‘ ‘Fed - eral Buildings Fund , Limitations on Availabilit y of R evenue ’ ’, claims against the G overnment of less than $ 25 0 ,000 arising from direct construction pro j ects and ac q uisition of buildings may be liquidated from savings effected in other construction projects with prior notification to the C ommittees on Appropriations. SEC. 515. I n any case in which the Committee on T ranspor- tation and Infrastructure of the H ouse of Representatives and the Committee on E nvironment and Public W or k s of the Senate adopt a resolution granting lease authority pursuant to a prospectus transmitted to Congress by the Administrator of General Services under section 3307 of title 40, U nited States Code, the Adminis- trator shall ensure that the delineated area of procurement is identical to the delineated area included in the prospectus for all lease agreements, e x cept that, if the Administrator determines that the delineated area of the procurement should not be identical to the delineated area included in the prospectus, the Administrator shall provide an explanatory statement to each of such committees and the House and Senate Committees on Appropriations prior to exercising any lease authority provided in the resolution. SEC. 51 6 . Subsections (a) and (b)(1) of section 323 of title 40, United States Code, are each amended by striking ‘‘Consumer Information Center’’ and inserting ‘‘Federal Citi z en Services’’ and subsection (a) is further amended by striking ‘‘consumer’’. SEC. 517. In furtherance of the emergency management policy set forth in the Robert T. Stafford D isaster Relief and Emergency Assistance Act, the Administrator of the General Services Adminis- tration may provide for the use of the Federal supply schedules of the General Services Administration by relief and disaster assist- ance organizations as described in section 309 of that Act. Purchases under this authority shall be limited to use in preparation for, response to, and recovery from hazards as defined in section 602 of that Act. SEC. 51 8 .W ORKING C AP I T A L F U N D . (a) PURPO S E AND O PERATION O F WORKING CAPITAL FUND. — Subsections (a), (b) and (c) of section 3173 of title 40, United States Code, are amended to read as follows ‘‘(a) ESTA B LIS HM ENT AND PURPOSE.—There is a working capital fund for the necessary expenses of administrative support services including accounting, budget, personnel, legal support and other related services; and the maintenance and operation of printing and reproduction facilities in support of the functions of the General Services Administration, other Federal agencies, and other entities; and other such administrative and management services that the Administrator of GSA deems appropriate and advantageous (subject to prior notice to the Office of M anagement and Budget). ‘‘(b) COMPOSITION.— ‘‘(1) IN GENERAL.—Amounts received shall be credited to and merged with the Fund, to remain available until expended, for operating costs and capital outlays of the Fund: Provide d, That entities for which such services are performed shall be charged at rates which will return in full all costs of providing such services. ‘‘(2) COST AND CAPITAL RE Q UIREMENTS.—The Administrator shall determine the cost and capital requirements of the Fund Contrac t s.Expl anator y stat em ent.


text:
Page:United States Statutes at Large Volume 123.djvu/685

 123STA T .6 6 5PUBLIC LA W 111 –8—M A R .11, 2 0 0 9foreach f is ca ly ear a nd shall de v elo p a plan concernin g s u ch re q uire m en t s in consultation w ith the C hief F inancial O fficer of the G eneral S ervices A dministration . Any change to the cost and capital requirements of the Fund for a fiscal year shall b e approved by the Administrator. T he Administrator shall establish rates to be charged to entities for which services are performed , in accordance with the plan. ‘ ‘ ( c )DEPOSIT O FEXC ESS A M O UN TSINT H ET R E A SUR Y . — At the close of each fiscal year, after ma k ing provision for anticipated operating needs reflected in the cost and capital plan developed under subsection (b), the uncommitted balance of any funds remaining in the Fund shall be transferred to the general fund of the Treasury as miscellaneous receipts. ’ ’. (b) TRANSFER AN DU SE OF AMOUNTS FOR M A J ORE Q UIPMENT ACQUISITIONS.—Section 317 3 of title 40, United States Code, is amended to add subsection (d), as follows ‘‘(d) TRANSFER AND USE OF AMOUNTS FOR MAJOR EQUIPMENT ACQUISITIONS.— ‘‘(1) I N G ENERA L .—Sub j ect to subparagraph ( 2 ), unobligated balances of amounts appropriated or otherwise made available to the General Services Administration for operating e x penses and salaries and expenses may be transferred and merged into the ‘Major equipment acquisitions and development activity’ of the working capital fund of the General Services Administration for agency - wide acquisition of capital equip- ment, automated data processing systems and financial management and management information systems: Provide d, That acquisitions are limited to those needed to implement the Chief Financial Officers Act of 1 9 90( P ublic L aw 101 –5 7 6, 104 Stat. 2 8 38) and related laws or regulations. ‘‘(2) R EQUIREMENTS AND A V AILA B ILITY.— ‘‘(A) TIME FOR TRANSFER.—Transfer of an amount under this section must be done no later than the end of the fifth fiscal year after the fiscal year for which the amount is appropriated or otherwise made available. ‘‘( B ) APPROVAL FOR USE.—An amount transferred under this section may be used only with the advance approval of the Committees on Appropriations of the H ouse of Rep- resentatives and the Senate. ‘‘(C) AVAILABILITY.—An amount transferred under this section remains available until expended.’’ (c) CONFORMING AND CLERICAL AMENDMENTS.— (1) Section 312 of such title is repealed. (2) The heading for section 3173 of such title is amended to read as follows: ‘ ‘ §317 3 .Workingcap i t a lfu n d for Ge neral S er v ice sA d m inis - tration ’ ’. HARRY S TRUMAN SCHOLARSHIP FOUNDATION SALARIES AND EXPENSES For payment to the Harry S Truman Scholarship Foundation Trust Fund, established by section 10 of Public Law 93–642, $ 500,000, to remain available until expended: Provided , That here- after, all requests of the Board of Trustees to the Secretary of the Treasury provided for in this section shall be binding on the 20USC 200 9b.

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 123.djvu/686

 123STA T .6 66 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9Secr e ta r y,in c lud in g re q ue s ts fo rt h e issuance at p ar of special o b ligations e x clusi v ely to the fund as provided for in section 10( b ) , w hich the Secretary shall i m plement without regard to the deter - mination related to the public interest required by the last sentence of that section .MERIT S YS TE M S P R O TE C TIO NB O A R D SA L ARIES AND E XP ENSES ( INCL U DIN G TRANS F ER OF FUNDS )F or necessary expenses to carry out functions of the Merit Systems Protection Board pursuant to R eorgani z ation Plan N um- bered 2 of1 978, the C ivil Service Reform A ct of 1978, and the W histleblower Protection Act of 1989 ( 5U .S.C. 5509 note), including services as authorized by 5 U.S.C. 3 109, rental of conference rooms in the D istrict of Columbia and elsewhere, hire of passenger motor vehicles, direct procurement of survey printing, and not to exceed $ 2,000 for official reception and representation expenses, $38,811,000 together with not to exceed $2,579,000 for administra- tive expenses to ad j udicate retirement appeals to be transferred from the Civil Service Retirement and Disability Fund in amounts determined by the Merit Systems Protection Board. MORRIS K . UDALL SC H OLARSHIP AND E XCELLENCE IN NATIONAL EN V IRONMENTAL POLICY FOUNDATION MORRIS K . UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL ENVIRONMENTAL POLICY TRUST FUND (INCLUDING TRANSFER OF FUNDS) For payment to the Morris K. Udall Scholarship and Excellence in National Environmental Policy T rust Fund, pursuant to the Morris K. Udall Scholarship and Excellence in National Environ- mental and Native American Public Policy Act of 1992 (20 U.S.C. 5 6 01 et seq.), $3,750,000, to remain available until expended, of which up to $50,000 shall be used to conduct financial audits pursuant to the Accountability of Tax Dollars Act of 2002 (Public L aw 107 – 289) notwithstanding sections 8 and 9 of Public Law 102–259
 * Provide

d, That up to 60 percent of such funds may be transferred by the Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation for the necessary expenses of the Native Nations I nstitute. ENVIRONMENTAL DISPUTE RESOLUTION FUND For payment to the Environmental Dispute Resolution Fund to carry out activities authorized in the Environmental Policy and Conflict Resolution Act of 1998, $2,100,000, to remain available until expended.


text:
Page:United States Statutes at Large Volume 123.djvu/687

 123STA T .6 6 7PUBLIC LA W 111 –8—M A R .11, 2 0 0 9NATION A LARCH I VES AN DR ECORDS AD M INISTRATION O P ERATIN G E X PENSES Fornec e s s a r y e xp enses i n connec t ion w it h the a dm inistration o f the Nationa l Archi v es and Records Administration ( incl u din g the I nformation S ecurity O versight Office ) and archived Federal records and related activities , as provided b y law, and for expenses necessary for the review and declassification of documents and the activities of the P ublic Interest D eclassification B oard, and for the hire of passenger motor vehicles, and for uniforms or allow - ances therefor, as authori z edbylaw( 5U. S. C . 5 901 et se q .), including maintenance, repairs, and cleaning, $3 30,30 8 ,000, of which $ 6 50,000 shall remain available until September 30, 2 010. ELECTRONIC RECORDS ARCHIVES For necessary expenses in connection with the development of the electronic records archives, to include all direct pro j ect costs associated with research, analysis, design, development, and pro- gram management, $6 7 ,008,000, of which $ 4 5,795,000 shall remain available until September 30, 2011
 * Provide

d, T hat none of the multi-year funds may be obligated until the National Archives and Records Administration submits to the Committees on Appro- priations, and such Committees approve, a plan for expenditure that: (1) meets the capital planning and investment control review requirements established by the Office of M anagement and Budget, including Circular A – 11 (2) complies with the National Archives and Records Administration ’ s enterprise architecture; (3) conforms with the National Archives and Records Administration’s enterprise life cycle methodology; (4) is approved by the National Archives and Records Administration and the Office of Management and Budget; (5) has been reviewed by the G overnment Accountability Office; and (6) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the Federal Government. REPAIRS AND RESTORATION For the repair, alteration, and improvement of archives facili- ties, and to provide adequate storage for holdings, $50,711,000, to remain available until expended: Provided, That the Archivist is authorized to construct an addition to the J ohn F. K ennedy Presidential L ibrary and Museum; and of the funds provided, $22,000,000 shall be available for construction costs and related services for building the addition to the John F. Kennedy Presi- dential Library and Museum and other necessary expenses, including renovating the Library as needed in constructing the addition; $17,500,000 is for necessary expenses related to the repair and renovation of the Fran k lin D. Roosevelt Presidential Library and Museum in H yde Park, New Y ork; and $2,000,000 is for the repair and restoration of the plaza that surrounds the Lyndon Baines Johnson Presidential Library and Museum that is under the joint control and custody of the University of Texas: Provided fu r th er, That such funds shall remain available until expended for this purpose and may be transferred directly to the University and used, together with University funds, for the repair and restora- tion of the plaza: Provided further, That such funds shall be spent Expenditur e p la n .


text:
Page:United States Statutes at Large Volume 123.djvu/688

 123STA T .6 6 8PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9inac c ord anc ew i th the con s tr u ction pl an su bm itted to the C ommit - tees on A ppropriations on M arch 14,20 0 5:Provide d fu r th er, T hat the Archi v ist shall be prohibited f rom enterin g into an y agreement with the U niversity or any other party that re q uires additional funding commitments on behalf of the F ederal G overnment for this pro j ect: Provided further , That hereafter, no further Federal funding shall be provided for this pla z a project .NATIO NA LH I S TO R I C AL PUB LICATIONS AN D R E CORDS CO M MISSION G RANTS PROGRAM ( INCLUDING TRANS F ER OF FUNDS ) For necessary e x penses for allocations and grants for historical publications and records as authorized by 44 U. S .C. 2504, $ 11,250,000, to remain available until expended: Provided, That of the funds provided in this paragraph, $2,000,000 shall be trans- ferred to the operating expenses account of the N ational Archives and R ecords Administration for operating expenses of the National H istorical P ublications and Records Commission. ADMINISTRATI V E PROVISION — NATIONAL ARCHIVES AND RECORDS ADMINISTRATION Hereafter, the National Archives and Records Administration shall include in its annual budget submission a comprehensive capital needs assessment for funding provided under the ‘ ‘Repairs and Restoration ’ ’ appropriations account to be updated yearly: Pro - vided, That funds proposed under the ‘‘Repairs and Restoration’’ appropriations account for each fiscal year shall be allocated to projects on a priority basis established under a comprehensive capital needs assessment. NATIONAL CREDIT UNION ADMINISTRATION CENTRAL LI Q UIDIT Y FACILITY D uring fiscal year 200 9, gross obligations of the Central L iquidity Facility for the principal amount of new direct loans to member credit unions, as authorized by 12 U.S.C. 1 7 95 et seq., shall be the amount authorized by section 3 07 ( a ) (4)(A) of the Federal Credit Union Act (12 U.S.C. 1795f(a)(4)(A)): Provided, That adminis- trative expenses of the Central Liquidity Facility in fiscal year 2009 shall not exceed $1,250,000. COMMUNITY DEVELOPMENT REVOLVING LOAN FUND For the Community Development Revolving Loan Fund pro- gram as authorized by 42 U.S.C. 9 8 12, 9822 and 9910, $1,000,000 shall be available until September 30, 2010 for technical assistance to low-income designated credit unions. O FFICE OF GOVERNMENT E THICS SALARIES AND E X PENSES For necessary expenses to carry out functions of the Office of Government Ethics pursuant to the Ethics in Government Act of 1978, and the Ethics Reform Act of 1989, including services Fundi n gas s e ss m en t.4 4 USC210 2 n o te. Cont r a c ts.


text:
Page:United States Statutes at Large Volume 123.djvu/689

 123STA T .6 6 9PUBLIC LA W 111 –8—M A R .11, 2 0 09 as a uthorizedby5U.S. C . 3109, re n ta l o fc onference roo m sin the D istrict of Columbia and else w here, hire of p assen g er motor v ehicles, and not to e x ceed $ 1,500 for official reception and represen - tation expenses, $13,000,000. OF F ICEO F P E RS O N NE LMA NA G E M EN T SALARIES AN D E XP ENSES ( INCL U DING TRANSFER OF TRUST FUNDS )F or necessary expenses to carry out functions of the Office of Personnel Management pursuant to R eorganization Plan N um- bered 2 of 19 78 and the Civil Service Reform A ct of 1978, including services as authorized by 5 U.S.C. 3109 medical examinations performed for veterans by private physicians on a fee basis; rental of conference rooms in the District of Columbia and elsewhere; hire of passenger motor vehicles; not to exceed $2,500 for official reception and representation expenses; advances for reimburse- ments to applicable funds of the Office of Personnel Management and the Federal B ureau of I nvestigation for expenses incurred under E xecutive Order No. 10 4 22 of J anuary 9, 1953, as amended; and payment of per diem and / or subsistence allowances to employees where V oting Rights Act activities re q uire an employee to remain overnight at his or her post of duty, $92,829,000, of which $5,851,000 shall remain available until expended for the Enterprise H uman Resources Integration pro j ect; $1,351,000 shall remain available until expended for the Human Resources L ine of Business project; and in addition $118,082,000 for administrative expenses, to be transferred from the appropriate trust funds of the Office of Personnel Management without regard to other stat- utes, including direct procurement of printed materials, for the retirement and insurance programs, of which $15,200,000 shall remain available until expended for the cost of automating the retirement record k eeping systems
 * Provide

d, T hat the provisions of this appropriation shall not affect the authority to use applicable trust funds as provided by sections 8348 ( a ) (1)(B), and 9004(f)(2)(A) of title 5, United States Code: Provided fu r th er, That no part of this appropriation shall be available for salaries and expenses of the Legal Examining Unit of the Office of Personnel Management established pursuant to Executive Order No. 9358 of July 1, 1943, or any successor unit of like purpose: Provided further, That the President ’ s Commission on W hite House Fellows, established by Executive Order No. 11183 of October 3, 19 6 4, may, during fiscal year 2009, accept donations of money, property, and personal serv- ices: Provided further, That such donations, including those from prior years, may be used for the development of publicity materials to provide information about the White House Fellows, except that no such donations shall be accepted for travel or reimbursement of travel expenses, or for the salaries of employees of such Commis- sion: Provided further , That within the funds provided, the Office of Personnel Management shall carry out the Intergovernmental Personnel Act Mobility Program, with special attention to Federal agencies employing more than 2,000 nurses: Provided further, That funding may be allocated to develop guidelines that provide Federal agencies direction in using their authority under the Intergovern- mental Personnel Act Mobility Program, according to the directives outlined in the accompanying report.


text:
Page:United States Statutes at Large Volume 123.djvu/690

 123STA T .670PUBLIC LA W 111 –8—M A R .11, 200 9OF F ICE OFI NSP EC T O RG ENER AL SALARIES AN D E X PENSES ( INCL U DING TRANSFER OF TRUST FUNDS )Fornec e s s a r y e xp enses o fth e O ff i ce of I nspector G enera l in carryin g o u t the pro v isions of the Inspector General A ct of 1978, inclu d ing services as authori z ed b y 5U.S. C . 3 1 0 9, hire of passenger m otor vehicles, $ 1,8 2 8,000, and in addition, not to exceed $18,755,000 for administrative expenses to audit, investigate, and provide other oversight of the Office of P ersonnel M anagement ’ s retirement and insurance programs, to be transferred from the appropriate trust funds of the Office of Personnel Management, as determined by the Inspector General
 * Provide

d, T hat the Inspector General is authorized to rent conference rooms in the D istrict of Columbia and else w here. GO V ERN M ENT PA Y MENT FOR ANNUITANTS, EMPLOYEES H EALTH B ENEFITS For payment of Government contributions with respect to retired employees, as authorized by chapter 89 of title 5, United States Code, and the R etired Federal E mployees H ealth B enefits Act ( 7 4 Stat. 849 ) , such sums as may be necessary. GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE LIFE INSURANCE For payment of Government contributions with respect to employees retiring after December 31, 1989, as re q uired by chapter 87 of title 5, United States Code, such sums as may be necessary. PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND For financing the unfunded liability of new and increased annuity benefits becoming effective on or after October 20, 19 6 9, as authorized by 5 U.S.C. 8348, and annuities under special Acts to be credited to the Civil Service Retirement and Disability Fund, such sums as may be necessary: Provided, That annuities author - ized by the Act of May 29, 1944, and the Act of August 19, 1950 (33 U.S.C. 771 – 775), may hereafter be paid out of the Civil Service Retirement and Disability Fund. OFFICE OF SPECIAL COUNSEL SALARIES AND EXPENSES For necessary expenses to carry out functions of the Office of Special Counsel pursuant to Reorganization Plan N umbered 2 of 1978, the Civil Service Reform Act of 1978 (Public L aw 95– 454), the W histleblower Protection Act of 1989 (Public Law 101– 12), Public Law 107–304, and the Uniformed Services Employment and Reemployment Rights Act of 1994 (Public Law 103–353), including services as authorized by 5 U.S.C. 3109, payment of fees and expenses for witnesses, rental of conference rooms in the District of Columbia and elsewhere, and hire of passenger motor vehicles $17,468,000. 3 3 USC7 7 6note.


text:
Page:United States Statutes at Large Volume 123.djvu/691

 123STA T .67 1 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9POSTALREGU LATO RYC O M M I SSIO N SALARIES AN D E XP ENSES ( IN C LUDING TRANS F ER OF FUNDS )Fornec e s s a r y e xp enses o fth e Posta l Re gu latory Co m m i ssion in carrying out the pro v isions of the Postal A ccounta b ility an dE nhancement Act ( Public L a w109–435),$ 14,043,000, to be derived by transfer from the Postal S ervice Fund and expended as author - i z ed by section 6 03(a) of such Act . PRI V ACY AND CIVIL LI B ERTIES O VERSIG H T B OARD SALARIES AND EXPENSES For necessary expenses of the Privacy and Civil Liberties Over- sight Board, as authorized by section 1061 of the I ntelligence Reform and T errorism Prevention Act of 2 004 (5 U .S.C. 601 note), $1,500,000, to remain available until September 30, 2010. SECURITIES AND EXCHANGE COMMISSION SALARIES AND EXPENSES For necessary expenses for the Securities and Exchange Commission, including services as authorized by 5 U.S.C. 3109, the rental of space (to include multiple year leases) in the D istrict of Columbia and elsewhere, and not to exceed $3,500 for official reception and representation expenses, $943,000,000, to remain available until expended of which not to exceed $20,000 may be used toward funding a permanent secretariat for the International Organization of Securities Commissions; and of which not to exceed $130,000 shall be available for expenses for consultations and meetings hosted by the Commission with foreign governmental and other regulatory officials, members of their delegations, appro- priate representatives and staff to exchange views concerning developments relating to securities matters, development and implementation of cooperation agreements concerning securities matters and provision of technical assistance for the development of foreign securities mar k ets, such expenses to include necessary logistic and administrative expenses and the expenses of Commis- sion staff and foreign invitees in attendance at such consultations and meetings including (1) such incidental expenses as meals taken in the course of such attendance; (2) any travel and transportation to or from such meetings; and (3) any other related lodging or subsistence: Provide d, That fees and charges authorized by sections 6(b) of the Securities Exchange Act of 1933 (15 U.S.C. 7 7f(b)), and 13(e), 14(g) and 31 of the Securities Exchange Act of 1934 (15 U.S.C. 7 8 m(e), 78n(g), and 78ee), shall be credited to this account as offsetting collections: Provided fu r th er, That not to exceed $894,356,000 of such offsetting collections shall be available until expended for necessary expenses of this account: Provided further, That $48,644,000 shall be derived from prior year unobligated bal- ances from funds previously appropriated to the Securities and Exchange Commission: Provided further, That the total amount appropriated under this heading from the general fund for fiscal year 2009 shall be reduced as such offsetting fees are received


text:
Page:United States Statutes at Large Volume 123.djvu/692

 123STA T .67 2 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9soa s t o re s ul t in a f inal total fis c al y ear 20 0 9 a p propriation fro m t h e g eneral fun d estimated at not more than $ 0 .SEL E CTIV ESE R VICE S YS TE M S A LARIES A ND E XP ENSES F or necessary e x penses of the Selecti v e Service System , including expenses of attendance at meetings and of training for uniformed personnel assigned to the Selective Service System, as authori z ed b y 5U .S. C. 41 01 – 411 8 for civilian employees purchase of uniforms, or allo w ances therefor, as authorized by 5 U.S.C. 5901–5902; hire of passenger motor vehicles; services as authorized by 5 U.S.C. 3 109; and not to exceed $ 7 50 for official reception and representation expenses; $22,000,000
 * Provide

d, T hat during the current fiscal year, the P resident may exempt this appropriation from the provisions of 31 U.S.C. 1341, whenever the President deems such action to be necessary in the interest of national defense: Provided fu r th er, That none of the funds appropriated by this A ct may be expended for or in connection with the induction of any person into the Armed Forces of the United States. SMALL BU SINESS ADMINISTRATI O N SALARIES AND EXPENSES For necessary expenses, not otherwise provided for, of the Small Business Administration as authorized by Public L aw 108–447, including hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344, and not to exceed $3,500 for official reception and representation expenses, $38 6 ,896,000: Provided, That the Administrator is authorized to charge fees to cover the cost of publications developed by the Small Business Administration, and certain loan program activities, including fees authorized by section 5 ( b ) of the Small Business Act: Provided further, That, notwith - standing 31 U.S.C. 3302, revenues received from all such activities shall be credited to this account, to remain available until expended, for carrying out these purposes without further appropriations: Provided further, That $110,000,000 shall be available to fund grants for performance in fiscal year 2009 or fiscal year 2010 as authorized, of which $1,000,000 shall be for the V eterans Assist- ance and Services Program authorized by section 21(n) of the Small Business Act, as added by section 107 of Public Law 110–186, and of which $1,000,000 shall be for the Small Business E nergy Efficiency Program authorized by section 1203(c) of Public Law 110–140: Provided further, That $7,654,400 shall be available for the Loan M odernization and Accounting System, to be available until September 30, 2010. O F FICE OF INSPECTOR G ENERAL For necessary expenses of the O ffice of I nspector G eneral in carrying out the provisions of the Inspector General Act of 1978, $16,750,000. Mil i tary i nduc ti o n .P r es ident. Ex e mp tion aut h ority.


text:
Page:United States Statutes at Large Volume 123.djvu/693

 123STA T .67 3 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9SURETYBONDG U A RANTEES RE V O L V I NG F UND Forad d it io n a lc a p ital f ort heSu ret yB ond G uarantee sR e v olvin g Fund , authori z ed b ytheS m all Business I nvestment A ct of 1958, $2 , 0 00,000, to remain available until e x pended . BUSINESS LOANS P ROGRA M A C COUNT ( INCLUDING TRANSFERS OF FUNDS ) For the cost of direct loans, $2,500,000, to remain available until expended
 * Provide

d, T hat such costs, including the cost of modifying such loans, shall be as defined in section 502 of the C ongressional Budget Act of 19 74
 * Provided

fu r th er, That sub j ect to section 502 of the Congressional Budget Act of 1974, during fiscal year 2009 commitments to guarantee loans under section 50 3 of the Small Business Investment Act of 1958 shall not exceed $7,500,000,000: Provided further, That during fiscal year 2009 commitments for general business loans authorized under section 7 ( a ) of the Small Business Act shall not exceed $17,500,000,000: Provided further, That during fiscal year 2009 commitments to guarantee loans for debentures under section 303(b) of the Small Business Investment Act of 1958, shall not exceed $3,000,000,000: Provided further, That during fiscal year 2009, guarantees of trust certificates authorized by section 5(g) of the Small Business Act shall not exceed a principal amount of $12,000,000,000. In addition, for administrative expenses to carry out the direct and guaranteed loan programs, $138,480,000, w hich may be transferred to and merged with the appropriations for Salaries and E xpenses. ADMINISTRATIVE PROVISIONS — SMALL BUSINESS ADMINISTRATION (INCLUDING TRANSFER OF FUNDS) SEC. 520. N ot to exceed 5 percent of any appropriation made available for the current fiscal year for the Small Business Adminis - tration in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this paragraph shall be treated as a reprogramming of funds under section 6 08 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. SEC. 521. All disaster loans issued in Alas k a or North D akota shall be administered by the Small Business Administration and shall not be sold during fiscal year 2009. SEC. 522. None of the funds made available under this Act may be used by the Small Business Administration to implement the rule relating to women-owned small business Federal contract assistance procedures published in the Federal Register on O ctober 1, 2008 (73 Fed. Reg. 56940 et se q .). SEC. 523. Of the amount made available under the heading ‘ ‘State and Tribal Assistance Grants ’ ’ under title II of division F of the Consolidated Appropriations Act, 2008 ( P ublic L aw 110 – 161 121 Stat. 2125) for the M ingo County Redevelopment Authority, $2,953,000 is transferred to the ‘‘Salaries and Expenses’’ account of the Small Business Administration. The amount trans- ferred under this section shall be for the Mingo County Redevelop- ment Authority and shall be available for use under the terms Disa s ter assista nc e .Al as k a. No rt h Dakota.


text:
Page:United States Statutes at Large Volume 123.djvu/694

 123STA T .674PUBLIC LA W 111 –8—M A R .11, 2 0 0 9andco nd it ion s ot herw ise a p p l ica b letoa m o u nts appropriated f or the ‘ ‘ S alaries and Ex penses ’ ’ account of the Small B usiness A dminis - tration and shall remain a v ailable until expended . S EC. 524 . F unds made available under section 5 3 4of P ublic L aw 1 1 0– 1 6 1 ( 121 Stat. 2125 ) for the Alabama Small Business I nstitute of C ommerce , Small Business Incubator, R ainbow Cit y , Alabama shall be made available to Alabama Small Business Institute of Commerce, Rainbow City, Alabama. SEC. 525. For an additional amount under the headin g ‘‘Small Business Administration, Salaries and Expenses’’, $ 65,653,6 78 ,to remain available until September 30, 2010, shall be for initiatives related to small business development and entrepreneurship, including programmatic and construction activities, and in the amounts specified in the table that appears under the heading ‘‘Administrative Provisions–Small Business Administration’’ in the explanatory statement described in section 4 (in the matter pre- ceding division A of this consolidated Act). UNIT E D ST A TE S P O STA L SE RV ICE P A YM ENTTOT H E POSTAL SERVICE FU ND For payment to the Postal Service Fund for revenue forgone on free and reduced rate mail, pursuant to subsections (c) and (d) of section 2401 of title 3 9, United States Code, $111,831,000, of which $82,831,000 shall not be available for obligation until O ctober 1, 2009
 * Provide

d, T hat mail for overseas voting and mail for the blind shall continue to be free: Provided fu r th er, That 6-day delivery and rural delivery of mail shall continue at not less than the 1983 level: Provided further, That none of the funds made available to the Postal Service by this Act shall be used to implement any rule, regulation, or policy of charging any officer or employee of any State or local child support enforcement agency, or any individual participating in a State or local program of child support enforcement, a fee for information re q uested or provided concerning an address of a postal customer: Provided further, That none of the funds provided in this Act shall be used to consolidate or close small rural and other small post offices in fiscal year 2009. OFFICE OF INSPECTOR G ENERAL SALARIES AND E X PENSES ( INCLUDING TRANSFER OF FUNDS ) For necessary expenses of the Office of Inspector G eneral in carrying out the provisions of the Inspector General Act of 1978, $239,356,000, to be derived by transfer from the Postal Service Fund and expended as authori z ed by section 603(b)(3) of the Postal Accountability and Enhancement Act (Public Law 109–435). UNITED STATES TAX COURT SALARIES AND EXPENSES For necessary expenses, including contract reporting and other services as authorized by 5 U.S.C. 3109, $48,463,000: Provided, Overs e a sv oting.Bl in dp ersons.


text:
Page:United States Statutes at Large Volume 123.djvu/695

 123STA T .675PUBLIC LA W 111 –8—M A R .11, 2 0 0 9That t r a vel e xp e ns es of the judg es shall b epa i d upon the w ritten c ertificate of the judge . T I T LEV I G E N E RA L P R O VI S IONS — T H ISA C T S EC . 601 . None of the funds in this Act shall be used for the planning or execution of an y progra m to pay the expenses of , or otherwise compensate, non -F ederal parties intervening in regulatory or adjudicatory proceedings funded in this Act. SEC. 60 2 . None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, unless expressly so provided herein. SEC. 60 3 . The expenditure of any appropriation under this Act for any consulting service through procurement contract pursu- ant to section 310 9 of title 5, U nited States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. SEC. 60 4 . None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appro- priations Act. SEC. 605. None of the funds made available by this Act shall be available for any activity or for paying the salary of any Govern- ment employee where funding an activity or paying a salary to a Government employee would result in a decision, determination, rule, regulation, or policy that would prohibit the enforcement of section 30 7 of the Tariff Act of 1930 ( 19 U.S.C. 1307 ) . SEC. 606. No funds appropriated pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with the B uy American Act (41 U.S.C. 10a – 10c). SEC. 607. No funds appropriated or otherwise made available under this Act shall be made available to any person or entity that has been convicted of violating the Buy American Act (41 U.S.C. 10a–10c). SEC. 60 8 . Except as otherwise provided in this Act, none of the funds provided in this Act, provided by previous appropriations Acts to the agencies or entities funded in this Act that remain available for obligation or expenditure in fiscal year 2009, or pro- vided from any accounts in the Treasury derived by the collection of fees and available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that (1) creates a new program (2) eliminates a program, project, or activity; (3) increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by the Congress; (4) proposes to use funds directed for a specific activity by either the House or Senate Committees on Appropria- tions for a different purpose; (5) augments existing programs, projects, or activities in excess of $ 5,000,000 or 10 percent, which- ever is less; (6) reduces existing programs, projects, or activities by $5,000,000 or 10 percent, whichever is less; or (7) creates or Contrac t s.


text:
Page:United States Statutes at Large Volume 123.djvu/696

 123STA T .67 6 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9reo r ganiz e s o f fi c es ,p rogra m s,orac t i v ities u n l ess prior approval is receive d from t h e C ommittees on A ppropriations of the H ouse of R epresentatives and the S enate
 * Provide

d, T hat prior to an y significant reorganization or restructuring of offices, programs, or activities, each agency or entity funded in this Act shall consult w ith the Committees on Appropriations of the House of Representa - tives and the Senate: Provided fu r th er, That not later than 60 days after the date of enactment of this Act, each agency funded b y this Act shall submit a report to the Committees on Appropria- tions of the House of Representatives and the Senate to establish the baseline for application of reprogramming and transfer authori- ties for the current fiscal year: Provided further, That the report shall include: (1) a table for each appropriation with a separate column to display the P resident ’ s budget re q uest, ad j ustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level ( 2 ) a delineation in the table for each appropriation both by object class and program, project, and activity as detailed in the budget appendi x for the respective appropriation; and ( 3 ) an identification of items of special congres- sional interest: Provided further, That the amount appropriated or limited for salaries and expenses for an agency shall be reduced by $ 100,000 per day for each day after the required date that the report has not been submitted to the Congress . S EC. 60 9 . E xcept as otherwise specifically provided by law, not to exceed 5 0 percent of unobligated balances remaining available at the end of fiscal year 2009 from appropriations made available for salaries and expenses for fiscal year 2009 in this Act, shall remain available through September 30, 2010, for each such account for the purposes authorized: Provided, That a request shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate for approval prior to the expendi- ture of such funds: Provided further, That these requests shall be made in compliance with reprogramming guidelines. SEC. 610. N one of the funds made available in this Act may be used by the Executive O ffice of the President to request from the F ederal B ureau of I nvestigation any official bac k ground inves- tigation report on any individual, except when — (1) such individual has given his or her express written consent for such request not more than 6 months prior to the date of such request and during the same presidential administration; or (2) such request is required due to extraordinary cir- cumstances involving national security. SEC. 611. The cost accounting standards promulgated under section 26 of the Office of Federal Procurement Policy Act (Public L aw 93 –4 00; 41 U .S.C. 422) shall not apply with respect to a contract under the Federal Employees Health Benefits Program established under chapter 8 9 of title 5, United States Code. SEC. 612. For the purpose of resolving litigation and imple- menting any settlement agreements regarding the nonforeign area cost-of-living allowance program, the Office of Personnel M anage- ment may accept and utilize (without regard to any restriction on unanticipated travel expenses imposed in an Appropriations Act) funds made available to the Office of Personnel Management pursuant to court approval. SEC. 613. No funds appropriated by this Act shall be available to pay for an abortion, or the administrative expenses in connection Aborti o n.Expe n d it u re re q ue s t. F ines. R eports. D e a d l ine. Reports.


text:
Page:United States Statutes at Large Volume 123.djvu/697

 123STA T .67 7 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9withany h e a l th p lan u n d e r the F ederal e m pl o yee s health b ene f its pro g ram whi c h pro v ides any benefits or coverage for abortions .SEC . 614 . T he provision of section 61 3 shall not apply where the life of the mother would be endangered if the fetus were carried to term , or the pregnancy is the result of an act of rape or incest. SEC. 61 5 . I n order to promote G overnment access to commercial information technology, the restriction on purchasing nondomestic articles, materials, and supplies set forth in the B uy A merican Act ( 41 U .S. C . 1 0 aetse q . ) , shall not apply to the acquisition by the Federal Government of information technology (as defined in section 11101 of title 40, United States Code), that is a commer - cial item (as defined in section 4(1 2 ) of the O ffice of Federal P rocure- ment Policy Act (41 U.S.C. 403(12)). SEC. 616. Section 5112 of title 31, United States Code (as amended by Public L aw 110 – 161), is amended — (1) by redesignating the second subsection (r) as subsection (s), and (2) by stri k ing ‘ ‘paragraph (4) ’ ’ each place it appears in subsection (s)(5) (as redesignated by paragraph (1)) and inserting ‘‘paragraph (3)’’. SEC. 61 7 . N otwithstanding section 1353 of title 31, United States Code, no officer or employee of any regulatory agency or commission funded by this Act may accept on behalf of that agency, nor may such agency or commission accept, payment or reimburse- ment from a non-Federal entity for travel, subsistence, or related e x penses for the purpose of enabling an officer or employee to attend and participate in any meeting or similar function relating to the official duties of the officer or employee when the entity offering payment or reimbursement is a person or entity sub j ect to regulation by such agency or commission, or represents a person or entity subject to regulation by such agency or commission, unless the person or entity is an organi z ation described in section 501(c)(3) of the Internal R evenue Code of 1 98 6 and exempt from tax under section 501(a) of such Code. SEC. 618. L IF EI NSURA NCE F O RTA X COUR TJ U DG ES AGE 65 ORO V ER. (a) IN GENERA L .—Section 7472 of title 26, United States Code, is amended by inserting after the word ‘‘imposed’’ where it appears in the second sentence the following phrase ‘‘after April 24, 1999, that is incurred’’. (b) E FFECTIVE D ATE.—This amendment shall take effect as if included in the amendment made by section 852 of the Pension Protection Act of 2006. SEC. 619. The Public Company Accounting Oversight Board shall have authority to obligate funds for the scholarship program established by section 109(c)(2) of the Sarbanes-Oxley Act of 2002 (Public Law 107–204) in an aggregate amount not exceeding the amount of funds collected by the Board as of December 31, 2008, including accrued interest, as a result of the assessment of monetary penalties. Funds available for obligation in fiscal year 2009 shall remain available until expended. SEC. 620. Section 910(a) of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7209(a)) is amended to read as follows ‘‘(a) AUT H ORI Z ATION OF TRAVEL RELATING TO CO M MERCIAL SALES OF AGRICULTURAL AND M EDICAL GOODS.—The Secretary of the Treasury shall promulgate regulations under which the travel- related transactions listed in paragraph (c) of section 515.560 of Regulations.C u b a. 26US C 74 72 note. A bo r tion.


text:
Page:United States Statutes at Large Volume 123.djvu/698

 123STA T .678PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9ti t le31,Cod eo fF ede ra l R e gu latio ns , are aut h ori z ed by general li c ense for tra v el to, fro m ,or w ithin Cuba for the mar k eting and sale of agricultural and medical goods p ursuant to the provisions of this title .’ ’. SEC . 62 1. N one of the funds made available in this A ct may be used to administer, implement, or enforce the amendments made to section 5 15.56 0 and section 515.561 of title 31, Code of Federal Regulations, related to travel to visit relatives in Cuba, that were published in the Federal Register on J une 16, 200 4 . SEC. 622. None of the funds made available in this Act may be used to administer, implement, or enforce the amendment made to section 515.533 of title 31, Code of Federal Regulations, that was published in the Federal Register on February 25, 2005. SEC. 623. C HRISTOP HER CO LUMB US FELLO W SHIP AUTHORI ZA- TIO N . T he Christopher Columbus Fellowship Act ( 20 U .S.C. 5 7 01 et se q . ) is amended — (1) in section 426(a) (20 U.S.C. 5705(a))— (A) in paragraph (3), by striking ‘ ‘and’’ at the end ( B ) by redesignating paragraph (4) as paragraph (5); and (C) by inserting after paragraph (3) the following ‘‘(4) amounts appropriated to the Foundation, as authorized under section 430; and’’; and (2) by adding at the end the following new section: ‘ ‘ SEC.430 . AUTHORIZ ATIO N O F A P PROPRIATIONS. ‘‘There are authorized to be appropriated to the Foundation, such sums as may be necessary to carry out this subtitle.’’. SEC. 624. Notwithstanding any other provision of law, for fiscal year 200 9 and each fiscal year thereafter, neither the Board of G overnors of the Federal Reserve System nor the Secretary of the Treasury may determine, by rule, regulation, order, or other- wise, for purposes of section 4(k) of the Bank H olding Company Act of 1956, or section 5136A of the Revised Statutes of the United States, that real estate brokerage activity or real estate manage- ment activity is an activity that is financial in nature, is incidental to any financial activity, or is complementary to a financial activity. For purposes of this section, ‘‘real estate brokerage activity’’ shall mean ‘‘real estate brokerage’’, and ‘‘real estate management activity’’ shall mean ‘‘property management’’, as those terms were understood by the Board of Governors of the Federal Reserve System prior to M arch 11, 2000. SEC. 625. (a) Section 102(a)(3)(B) of the Help America V ote Act of 2002 (42 U.S.C. 15302(a)(3)(B)) is amended by striking ‘‘March 1, 200 8 ’’ and inserting ‘‘November 1, 2010’’. (b) The amendment made by subsection (a) shall take effect as if included in the enactment of the Help America Vote Act of 2002. SEC. 626. (a) W ithin 90 days after the date of enactment of this Act, the Federal Trade Commission shall initiate a rulemaking proceeding with respect to mortgage loans in accordance with sec- tion 553 of title 5, United States Code. Any violation of a rule prescribed under this subsection shall be treated as a violation of a rule under section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or practices. (b)(1) Ex cept as provided in paragraph (6), a State, as parens patriae, may bring a civil action on behalf of its residents in an Deadlin e .R e gu la t i o n s. L oans. 15USC 1 638 note. 42 USC 153 0 2 note. De f inition. 12 USC 1843 note. 20USC5 7 0 9 . Cu b a.


text:
Page:United States Statutes at Large Volume 123.djvu/699

 123STA T .679PUBLIC LA W 111 –8—M A R .11, 2 0 09 ap p ro pr i a teS tate or d i s tri c tco u rto f t h e Un ited States to enforce the pro v isions of section 128 of the T ruth in L endin gA ct ( 1 5 U . S. C . 1 63 8 ), an y other provision of the Truth in Lending Act, or any m ortgage l oan rule promulgated b y the F ederal Trade Commission to obtain penalties and relief provided under such Act or rule w henever the attorney general of the State has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a violation of such Act or rule. (2) The State shall serve written notice to the Commission of any civil action under paragraph (1) at least 6 0 days prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action, e x cept that if it is not feasible for the State to provide such prior notice, the State shall provide notice immediately upon instituting such civil action. (3) Upon receiving the notice re q uired by paragraph (2), the Commission may intervene in such civil action and upon inter - vening — (A) be heard on all matters arising in such civil action ( B ) remove the action to the appropriate United States district court; and (C) file petitions for appeal of a decision in such civil action. ( 4 ) N othing in this subsection shall prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. Nothing in this section shall prohibit the attorney general of a State, or other authori z ed State officer, from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State. (5) I n a civil action brought under paragraph (1)— (A) the venue shall be a j udicial district in which the defendant is found, is an inhabitant, or transacts business or wherever venue is proper under section 13 9 1 of title 28, United States Code; and (B) process may be served without regard to the territorial limits of the district or of the State in which the civil action is instituted. (6) W henever a civil action or an administrative action has been instituted by or on behalf of the Commission for violation of any provision of law or rule described in paragraph (1), no State may, during the pendency of such action instituted by or on behalf of the Commission, institute a civil action under that paragraph against any defendant named in the complaint in such action for violation of any law or rule as alleged in such complaint. ( 7 ) If the attorney general of a State prevails in any civil action under paragraph (1), the State can recover reasonable costs and attorney fees from the lender or related party. (c) Section 129 of the Truth in Lending Act (15 U.S.C. 1639) is amended by adding at the end the following

‘(m) C IV I LPENA L T IE S IN FE D E R AL TRADE C OM MISSION E N F OR C EMENT ACTIONS.—For purposes of enforcement by the Fed- eral Trade Commission, any violation of a regulation issued by the Federal R eserve Board pursuant to subsection (l)(2) of this Notice.D e adl i n e.


text:
Page:United States Statutes at Large Volume 123.djvu/700

 123STA T .680PUBLIC LA W 111 – 8 —M A R .11, 200 9section s hal l b et r eate d asa v iolation o f ar u le p ro m ul g ated under section 18 of the F ederal T rade C ommission A ct ( 1 5U.S .C. 5 7 a ) regarding unfair or deceptive acts or practices. ’ ’. T I T LEV II G E N E R AL P R O VISIONS — GOVERN M ENT -W I D E D EPARTM E N T S, A G EN CI ES, AN D C O RPORATIONS SEC. 7 0 1. No department, agenc y , or instrumentality of the United States receiving appropriated funds under this or any other Act for fiscal year 2 00 9 shall obligate or e x pend any such funds, unless such department, agency, or instrumentality has in place, and w ill continue to administer in good faith, a written policy designed to ensure that all of its wor k places are free from the illegal use, possession, or distribution of controlled substances (as defined in the Controlled Substances Act (21 U.S.C. 802)) by the officers and employees of such department, agency, or instrumen- tality. SEC. 702. Unless otherwise specifically provided, the maximum amount allowable during the current fiscal year in accordance with section 1 6 of the Act of August 2, 19 4 6 (60 Stat. 810), for the purchase of any passenger motor vehicle (exclusive of buses, ambu- lances, law enforcement, and undercover surveillance vehicles), is hereby fixed at $ 1 3 ,197 except station wagons for which the max- imum shall be $13,631
 * Provide

d, That these limits may be exceeded by not to exceed $3,700 for police-type vehicles, and by not to exceed $4,000 for special heavy-duty vehicles: Provided fu r th er, That the limits set forth in this section may not be exceeded by more than 5 percent for electric or hybrid vehicles purchased for demonstration under the provisions of the Electric and H ybrid Vehicle Research, Development, and Demonstration Act of 1976: Provided further, That the limits set forth in this section may be exceeded by the incremental cost of clean alternative fuels vehicles ac q uired pursuant to Public Law 101 – 549 over the cost of comparable conventionally fueled vehicles. SEC. 703. Appropriations of the executive departments and independent establishments for the current fiscal year available for expenses of travel, or for the expenses of the activity concerned, are hereby made available for quarters allowances and cost-of- living allowances, in accordance with 5 U.S.C. 5922–5924. SEC. 704. Unless otherwise specified during the current fiscal year, no part of any appropriation contained in this or any other Act shall be used to pay the compensation of any officer or employee of the Government of the United States (including any agency the ma j ority of the stock of which is owned by the Government of the United States) whose post of duty is in the continental United States unless such person: (1) is a citi z en of the United States (2) is a person in the service of the United States on the date of the enactment of this Act who, being eligible for citizen- ship, has filed a declaration of intention to become a citizen of the United States prior to such date and is actually residing in the United States; (3) is a person who owes allegiance to the United States; (4) is an alien from Cuba, Poland, South Vietnam, the countries of the former Soviet Union, or the B altic countries lawfully admitted to the United States for permanent residence; 5USC310 1 note. 31 USC 13 4 3 note.


text:
Page:United States Statutes at Large Volume 123.djvu/701

 123STA T .68 1 PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9(5)isaSouthV i e t n a m ese ,C am b o d ian, o rL aotian re f u g ee p aro l ed in the U nited States after J anuar y1 ,1 97 5 or( 6 ) is a national of the P eople ’ s R epubli c of China w ho q ualifies for ad j ustment of status pursuant to the Chinese Student Protection A ct of 199 2 (Public Law 1 0 2 –4 04)
 * Provide

d, T hat for the purpose of this section, an affida v it signed by any such person shall be considered prima facie evidence that the requirements of this section with respect to his or her status have been complied with: Provided fu r th er, That any person ma k ing a false affidavit shall be guilty of a felony, and, upon conviction, shall be fined no more than $ 4,000 or imprisoned for not more than 1 year, or both: Provided further, That the above penal clause shall be in addition to, and not in substitution for, any other provisions of e x isting law: Provided further, That any payment made to any officer or employee contrary to the provisions of this section shall be recoverable in action by the F ederal G overnment . This section shall not apply to citi z ens of I reland, Israel, or the Republic of the Philippines, or to nationals of those countries allied with the United States in a current defense effort, or to international broadcasters employed by the B road - casting Board of Governors, or to temporary employment of trans- lators, or to temporary employment in the field service (not to exceed 60 days) as a result of emergencies: Provided further, That this section does not apply to the employment as W ildland fire- fighters for not more than 120 days of nonresident aliens employed by the D epartment of the Interior or the USDA Forest Service pursuant to an agreement with another country. S EC . 705. Appropriations available to any department or agency during the current fiscal year for necessary expenses, including maintenance or operating expenses, shall also be available for pay- ment to the General Services Administration for charges for space and services and those expenses of renovation and alteration of buildings and facilities which constitute public improvements per- formed in accordance with the Public Buildings Act of 1959 (7 3 Stat. 479), the Public Buildings Amendments of 1972 ( 8 6 Stat. 216), or other applicable law. SEC. 706. In addition to funds provided in this or any other Act, all Federal agencies are authorized to receive and use funds resulting from the sale of materials, including Federal records dis- posed of pursuant to a records schedule recovered through recycling or waste prevention programs. Such funds shall be available until expended for the following purposes: (1) Acquisition, waste reduction and prevention, and recycling programs as described in E xecutive O rder N o. 13423 (January 24, 2007), including any such programs adopted prior to the effective date of the Executive order. (2) Other Federal agency environmental management pro- grams, including, but not limited to, the development and implementation of hazardous waste management and pollution prevention programs. (3) Other employee programs as authorized by law or as deemed appropriate by the head of the Federal agency. SEC. 707. Funds made available by this or any other Act for administrative expenses in the current fiscal year of the corpora- tions and agencies subject to chapter 91 of title 31, United States Code, shall be available, in addition to objects for which such funds are otherwise available, for rent in the District of Columbia; services in accordance with 5 U.S.C. 3109; and the objects specified Ap p licab ili ty.Pen altie s . A f fi d a v it.


text:
Page:United States Statutes at Large Volume 123.djvu/702

 123STA T .68 2 PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9underthis he a d , a l l the p r ov isions o fw hi c h shall b e applicable tothee x penditure of such funds unless otherwise specified in the A ctb y which they are m ade available
 * Provide

d, T hat in the event any functions bud g eted as administrative expenses are subse -q uently transferred to or paid from other funds, the limitations on administrative expenses shall be correspondingly reduced .SEC . 708 . N o part of any appropriation contained in this or any other Act shall be available for interagency financing of boards ( except F ederal E xecutive B oards ) , commissions, councils, commit- tees, or similar groups (whether or not they are interagency entities) which do not have a prior and specific statutory approval to receive financial support from more than one agency or instrumentality. SEC. 70 9 . None of the funds made available pursuant to the provisions of this Act shall be used to implement, administer, or enforce any regulation which has been disapproved pursuant to a j oint resolution duly adopted in accordance with the applicable law of the U nited States. SEC. 7 1 0. (a) Notwithstanding any other provision of law, and except as otherwise provided in this section, no part of any of the funds appropriated for fiscal year 2 009, by this or any other Act, may be used to pay any prevailing rate employee described in section 534 2(a)(2)(A) of title 5, United States C ode — (1) during the period from the date of expiration of the limitation imposed by the comparable section for previous fiscal years until the normal effective date of the applicable wage survey adjustment that is to ta k e effect in fiscal year 2009, in an amount that exceeds 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 2009, in an amount that exceeds, as a result of a wage survey adjustment, the rate payable under paragraph (1) by more than the sum of— (A) the percentage adjustment taking effect in fiscal year 2009 under section 5303 of title 5, United States Code, 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 2009 under section 5304 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) Notwithstanding any other provision of law, no prevailing rate employee described in subparagraph (B) or (C) of section 5342(a)(2) of title 5, United States Code, and no employee covered by section 5348 of such title, may be paid during the periods for which subsection (a) is in effect at a rate that exceeds the rates that would be payable under subsection (a) were subsection (a) applicable to such employee. (c) For the purposes of this section, the rates payable to an employee who is covered by this section and who is paid from a schedule not in existence on September 30, 2008, shall be 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 Regulations.5USC 5 34 3 note.


text:
Page:United States Statutes at Large Volume 123.djvu/703

 123STA T .68 3 PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9fromthe r a te sin effe c ton S e p tem b er 30,2 00 8 ,e x cept to the extent d etermined b y the O ffice of P ersonne lM ana g ement to be consistent w ith the p u rpose of this section .( e )T his section shall apply with respect to pay for ser v ice performed after September 30, 2008. (f) F or 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) N othing 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 . 71 1. D uring the period in which the head of any depart- ment or agency, or any other officer or civilian employee of the Federal G overnment appointed by the President of the U nited States, holds office, no funds may be obligated or expended in excess of $5 ,000 to furnish or redecorate the office of such depart- ment head, agency head, officer, or employee, or to purchase fur- niture or ma k e improvements 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 Senate. For the purposes of this section, the term ‘ ‘office ’ ’ shall include the entire suite of offices assigned to the individual, as well as any other space used primarily by the individual or the use of which is directly controlled by the individual. SEC. 712. Notwithstanding section 13 46 of title 31, United States Code, or section 708 of this Act, funds made available for the current fiscal year by this or any other Act shall be available for the interagency funding of national security and emergency preparedness telecommunications initiatives which benefit multiple Federal departments, agencies, or entities, as provided by E xecutive Order 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 section 3302 of title 5, United States Code, without a certifi- cation to the Office of Personnel Management from the head of the Federal department, agency, or other instrumentality employing the Schedule C appointee that the Schedule C position was not created solely or primarily in order to detail the employee to the W hite House. (b) The 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 Defense Intelligence Agency; (4) the National Geospatial-Intelligence Agency; Defin i t i o n .N otifi ca tion. Ap p l ica b ilit y .


text:
Page:United States Statutes at Large Volume 123.djvu/704

 123STA T .684PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9(5)theof f ic e sw ithi n the D e par t m ent of Defense for the co l lection of speciali z e d national forei g n intelligence thro u gh reconnaissance programs ( 6 ) the B ureau of I ntelligence and R esearch of the Depart - ment of S tate; ( 7 )an y agency , office, or unit of the A rmy, N a v y, Air F orce, and M arine C orps, the Department of H omeland Secu- rity, the Federal Bureau of Investigation and the Drug E nforce- ment Administration of the Department of J ustice, the Depart- ment of T ransportation, the Department of the Treasury, and the Department of Energy performing intelligence functions; and ( 8 ) the Director of National Intelligence or the O ffice of the Director of National Intelligence . S EC. 7 14 . No part of any appropriation contained in this or any other Act shall b e available for the payment of the salary of any officer or employee of the Federal G overnment, 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 contact is at the initiative of such other officer or employee or in response to the re q uest or inquiry of such Member, com- mittee, or subcommittee; or ( 2 ) removes, suspends from duty without pay, demotes, reduces in ran k , seniority, status, pay, or performance or effi- ciency rating, 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 Federal Government, or attempts or threatens to commit any of the foregoing actions with respect to such other officer or employee, by reason of any communication or contact of such other officer or employee with any Member, committee, or subcommittee of the Congress as described in paragraph (1). SEC. 715. (a) None of the funds made available in this or any other Act may be obligated or 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 Equal Employment Opportunity Commission Notice N –9 15. 0 22, dated September 2, 1988; or (5) is offensive to, or designed to change, participants’ personal values or lifestyle outside the workplace.


text:
Page:United States Statutes at Large Volume 123.djvu/705

 123STA T .685PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9(b)Nothing in thi s s ec tion sh al l pr ohibit , restrict, or other w ise precl ud e an agenc yf ro m conducting training bearing directly upon the performance of official duties .SEC . 716 . No funds appropriated in this or any other A ct may be used to implement or enforce the agreements in Standard F orms 3 1 2 and 4 414 of the G o v ernment 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 Ex ecutive O rder No. 12 958; section 7211 of title 5, U nited States C ode (gov- erning disclosures to Congress); section 1 0 34 of title 10, United States Code, as amended by the M ilitary 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 se q .) (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, That notwithstanding the preceding paragraph, a nondisclosure policy form or agreement that is to be executed by a person con- nected with the conduct of an intelligence or intelligence-related activity, other than an employee or officer of the United States Government, may contain provisions appropriate to the particular activity for which such document is to be used. Such form or agreement shall, at a minimum, require 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 Congress, 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. SEC. 717. No part of any funds appropriated in this or any other Act 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. 718. None of the funds appropriated by this or any other Act may be used by an agency to provide a Federal 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. 719. None of the funds made available in this Act or any other Act may be used to provide any non-public information such as mailing or telephone lists to any person or any organization outside of the Federal Government without the approval of the


text:
Page:United States Statutes at Large Volume 123.djvu/706

 123STA T .68 6 PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9Com m it t e e s o nAp p r opri a tions o f t h e H o u se of R epresentati v es an d the S enate . S EC. 720 . N opartofan y appropriation c ontained in this or any other Act sha l l b e used directly or indirectly , includin g by private contractor, for publicity or propaganda purposes w ithin the U nited States not heretofor authori z ed by the Congress. SEC. 72 1 . ( a )I n this section, the term ‘ ‘agency ’ ’ — (1) means an Ex ecutive agency, as defined under section 10 5 of title 5, United States Code (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 G overnment 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 section 6 301(2) of title 5, United States Code, 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 70 8 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 F ederal Accounting Standards Advisory B oard (FASAB), shall be available to finance an appropriate share of FASAB administrative costs. (TRANSF ER O FF U N D S ) SEC. 723. Notwithstanding 31 U.S.C. 1346 and section 708 of this Act, the head of each Executive department and agency is hereby authorized to transfer to or reimburse ‘‘General Services Administration, Government - wide Policy’’ with the approval of the D irector of the Office of M anagement and Budget, 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 Financial Officers Council for financial management initiatives, the Chief Information Officers Council for information technology initiatives, the Chief Human Capital Offi- cers Council for human capital initiatives, and the Chief Ac q uisition Officers Council for procurement 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 reimburse- ments may only be made after 15 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. Breastf ee ding.No tifi c ation. D efinitions.


text:
Page:United States Statutes at Large Volume 123.djvu/707

 123STA T .687PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9SEC.725 . Notwi t hs t and in g s ec tion 1346 o f tit l e31 ,U nited States C ode, o r section 7 08 of this A ct, f u nds m ade a v aila b le for the current fiscal y ear by this or any other Act shall be available for the interagency funding of s p ecific pro j ects, wor k shops, studies, and similar efforts to carry out the purposes of the National Science and T echnology Council ( authori z ed by Ex ecutive O rder No. 12881 ) , which benefit multiple F ederal departments, agencies, or entities
 * Provide

d, That the Office of M anagement and B udget shall provide a report describing the budget of and resources connected with the National Science and Technology Council to the Committees on Appropriations, the H ouse Committee on Science and Tech - nology, and the Senate Committee on Commerce, Science, and Transportation 9 0 days after enactment of this Act. SEC. 726. Any re q uest 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 D omestic 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) PROHIB I T IO N O F FE D ER AL A G ENC Y MONITORING OF I NDI V ID U AL S’ INTERNET USE. — None of the funds made available in this or any other Act may be used by any Federal agency— (1) to collect, review, or create any aggregation of data, derived from any means, that includes any personally identifi- able information relating to an individual’s access to or use of any Federal G overnment Internet 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) E X CE P TIONS.—The limitations established in subsection (a) shall not apply to— (1) any record of aggregate data that does not identify particular persons; (2) any voluntary submission of personally identifiable information; (3) any action taken 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) DEFINITIONS.—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 examinations 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. SEC. 728. (a) None of the funds appropriated by this Act may be used to enter into or renew a contract which includes a provision Contrac t s. Contrac ep t i on. A pp l ica b ilit y . R eports. D ea d line.


text:
Page:United States Statutes at Large Volume 123.djvu/708

 123STA T .68 8 PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9provid i ng pr esc rip t ion dr u g cover a ge , e x cept wh ere the contract a l so includes a provision f or contraceptive coverage .(b)N othing in this section shall appl y to a contract with — ( 1 ) any of the following religious plans ( A ) P ersonal C are ’ s HMO; and ( B )O SF HealthPlans, I nc.; 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)Ini m plementing 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. S EC . 7 2 9 . T he Congress of the U nited States recogni z es the United States Anti- D oping Agency (USADA) as the official anti- doping agency for Olympic, Pan American, and Paralympic sport in the United States. SEC. 7 30 . 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 travel for G overnment personnel, to participate in the fractional aircraft ownership pilot program. SEC. 731. Notwithstanding any other provision of law, none of the funds appropriated or made available under this Act or any other appropriations Act may be used to implement or enforce restrictions or limitations on the Coast Guard Congressional Fellow- ship Program, or to implement the proposed regulations of the Office of Personnel Management to add sections 300.311 through 300.316 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, 2003 (relating to the detail of executive 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, except that the Federal L aw E nforcement Training Center is authorized 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 2009, no funds shall be available for transfers or reimbursements to the E-Government initiatives sponsored by the Office of Management and Budget prior to 15 days following submission of a report to the Committees on Appro- priations by the Director 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 (a) and other required justification materials shall include at a minimum— (1) a description of each initiative including but not limited to its objectives, benefits, development status, ris k s, cost effectiveness (including estimated net costs or savings to the Justif i ca ti onm at er ia l s .R e p orts. S ports. D ru g san d drug a b use. A bortion.


text:
Page:United States Statutes at Large Volume 123.djvu/709

 123STA T .689PUBLIC LA W 111 – 8 —M A R .11, 2 0 09 governm en t),a n d t h ee s t i mated date o f f ul lo p erational c apa -b ilit y;(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) N o funds shall be available for obligation or e x penditure for ne wE - G overnment initiatives without the explicit approval of the C ommittees on A ppropriations of the H ouse of R epresenta- tives and the S enate. S EC . 7 3 4 . Notwithstanding section 1 34 6 of title 31, U nited States Code, and section 7 08 of this Act and any other provision of law, the head of each appropriate executive department and agency shall transfer to or reimburse the F ederal Aviation Adminis- tration, upon the direction of the D irector of the O ffice of M anage- ment and B udget, funds made available by this or any other Act for the purposes described below, and shall submit budget re q uests for such purposes. T hese funds shall be administered by the Federal Aviation Administration, in consultation with the appropriate inter- agency groups designated by the Director and shall be used to ensure the uninterrupted, continuous operation of the Midway Atoll Airfield by the Federal Aviation Administration pursuant to an operational agreement with the Department of the I nterior for the entirety of fiscal year 200 9 and any period thereafter that precedes the enactment of the Financial Services and General Government Appropriations Act, 2010. The Director of the Office of Management and Budget shall mandate the necessary transfers after determining an equitable allocation between the appropriate executive 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 Committees on Appropria- tions of such transfers or reimbursements within 1 5 days of this Act. Such transfers or reimbursements shall begin within 30 days of enactment of this Act. SEC. 735. Section 739(a)(1) of division D of the Consolidated Appropriations Act, 2008 ( P ublic L aw 110 – 161; 121 Stat. 2029) is amended by stri k ing ‘ ‘more than 10 ’ ’. SEC. 736. Section 739 of division D of the Consolidated Appro- priations Act, 2008 (Public Law 110–161; 121 Stat. 2030) is amended by striking subsection (b) and inserting the following ‘‘(b) G UID E L I N E SO N INSOU R CIN G NE WA ND CON T RACTED OUT FUNCTIONS. — ‘‘(1) GUIDELINES RE Q UIRED.—(A) The heads of executive agencies sub j ect to the Federal Activities Inventory Reform Act of 1998 (Public Law 105–270; 31 U.S.C. 501 note) shall devise and implement guidelines and procedures to ensure that Procedu re s.31USC50 1 n o t e. Tim e p eriod. N oti f ic a tion. D ead l ine.


text:
Page:United States Statutes at Large Volume 123.djvu/710

 123STA T .690PUBLIC LA W 111 –8—M A R .11, 2009 considerat ion is g i v en to u sing , on a regu l ar b asis, F ederal e mp lo y ees to per f orm ne w functions and functions t h at are performed by contractors and could be performed by Federal employees .‘ ‘ (B)T he guidelines and procedures re q uired under subparagraph ( A ) may not include any specific limitation or restriction on the number of functions or activities that may be converted to performance by Federal employees. ‘‘( 2 ) SPECIAL C ONS I D E R A T ION F OR CERTAIN F U NCTIONS. — The guidelines and procedures required under paragraph ( 1 ) shall provide for special consideration to be given to using Federal employees to perform any function that— ‘‘(A) is performed by a contractor and— ‘‘(i) has been performed by Federal employees at any time during the previous 1 0 years ‘‘(ii) is a function closely associated with the performance of an inherently governmental function; ‘‘(iii) has been performed pursuant to a contract awarded on a non - competitive basis; or ‘‘(iv) has been performed poorly, as determined by a contracting officer during the 5 -year period pre- ceding the date of such determination, because of e x ces- sive costs or inferior quality; or ‘‘(B) is a new requirement, with particular emphasis given to a new requirement that is similar to a function previously performed by Federal employees or is a function closely associated with the performance of an inherently governmental function. ‘‘( 3 ) EX CLUSION OF CERTAIN FUNCTIONS FRO M COMPETI- TIONS.—The head of an executive agency may not conduct a public-private competition under O ffice of M anagement and Budget C ircular A –76 or any other provision of law or regula- tion before— ‘‘(A) in the case of a new agency function, assigning the performance of the function to Federal employees; ‘‘(B) in the case of any agency function described in paragraph (2), converting the function to performance by Federal employees; or ‘‘(C) in the case of an agency function performed by Federal employees, expanding the scope of the function. ‘‘( 4 ) D EADLINE.—(A) The head of each executive agency shall implement the guidelines and procedures required under this subsection by not later than 120 days after the date of the enactment of this subsection. ‘‘(B) N ot later than 210 days after the date of the enactment of this subsection, the G overnment Accountability Office shall submit a report on the implementation of this subsection to the Committees on Appropriations of the H ouse of R epresenta- tives and the Senate, the Committee on Oversight and Govern- ment Reform of the House of Representatives, and the Com- mittee on Homeland Security and Governmental Affairs of the Senate. ‘‘(5) DEFINITIONS.— I n this subsection ‘‘(A) The term ‘inherently governmental functions ’ has the meaning given such term in subpart 7.5 of part 7 of the Federal Acquisition Regulation. Reports.


text:
Page:United States Statutes at Large Volume 123.djvu/711

 123STA T .69 1 PUBLIC LA W 111 –8—M A R .11, 2 0 09 ‘ ‘ (B)Thet e rm ‘ func t io n s c l osel ya ssociate dw ith inher - ently g o v ernmental functions ’ means the functions descri b ed in section 7.503 (d) of the F ederal A c q uisition R egulation. ‘‘( 6 )A P P LICAB ILI TY . — This subsection shall not a p ply to the D epartment of Defense.’’. SE C. 737. 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 O ffice of M anagement and Budget C ircular A – 76 or any other administrative regulation , directive, or policy. SEC. 73 8 . (a) Section 142 (a) of division A of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 200 9 ( P ublic L aw 110–329 122 Stat. 3580) is amended by stri k ing ‘‘Security.’’ and inserting ‘‘Security and shall apply to civilian employees in the Department of Defense who are represented by a labor organi z ation as defined in section 7103(a)(4) of title 5, U nited States Code.’’. (b) The amendment made by subsection (a) shall take effect as if included in the enactment of the Consolidated Security, Dis- aster Assistance, and Continuing Appropriations Act, 2009. SEC. 739. Unless otherwise authorized by e x isting law, none of the funds provided in this Act or any other Act may be used by an executive branch agency to produce any prepackaged news story intended for broadcast or 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. 740. None of the funds made available in this Act may be used in contravention of section 552a of title 5, United States Code (popularly known as the Privacy Act) and regulations imple- menting that section. SEC. 741. 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 Law 91–508)
 * Provide

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 lacks a credit history. Each executive department and agency shall establish guidelines and procedures for disciplinary actions to be taken against agency personnel for improper, fraudulent, or abusive use of government charge cards, which shall include appropriate disciplinary actions for use of charge cards for purposes, and at establishments, that are inconsistent with the official business of the Department or agency or with applicable standards of conduct. Guidel i n e s.Proc edures. 5USC 5 701 no t e. N e w s stor y . 5USC5 3 03 note. 5 USC 5303 note.


text:
Page:United States Statutes at Large Volume 123.djvu/712

 123STA T .69 2 PUBLIC LA W 111 –8—M A R .11, 2 0 09 SEC.742 . CROS SC UTB U DG ET. (a)D E FIN ITIONS. —Forpu rpo se s o fthi sse c tio n the fo l lo w in gd efinitions appl y: ( 1 ) G RE A T L A K ES.— T he ter m s ‘ ‘Great L a k es ’ ’ and ‘‘Great Lakes State’’ ha v e the same meanings as such terms have in section 506 of the W ater R esources Development A ct of 2000 (42 U .S.C. 1 9 62d – 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 Budget, 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 e x isting 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. 743. (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 GENERAL.—Any Secretary shall waive subsection (a) with respect to any Federal Government contract under the authority of such Secretary if the Secretary determines that the waiver is re q uired in the interest of national security. (2) REPORT TO CONGRESS.—Any Secretary issuing a waiver under paragraph (1) shall report such issuance to Congress. (c) EX CEPTION.—This section shall not apply to any Federal Government contract entered into before the date of the enactment of this Act, or to any task order issued pursuant to such contract. Certif i ca ti on.