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Page:United States Statutes at Large Volume 123.djvu/3196

 123STA T . 31 76PUBLIC LA W 111 – 117 —DE C. 16 , 2 0 0 9exc ee d$8,50 0 isauthor i z ed f or officia l rece p tio n and representation expenses .FED E RALJU D IC IAL C E NT ER S ALARIES AND E XP ENSES For necessar y expenses of the Federal Judicial Center, as authorized b y P ublic L a w9 0 –21 9, $2 7, 3 28,000 of which $1,800,000 shall re m ain a v ailable throu g h S eptember 30, 2011, to provide education and training to Federal court personnel; and of which not to exceed $1,500 is authorized for official reception and represen - tation expenses. JUDICIAL R ETIRE M ENT FUNDS PA Y MENT T OJ UDICIARY TRUST F UNDS For payment to the Judicial O fficers ’ Retirement Fund, as authorized by 28 U .S.C. 377 ( o ) , $71,87 4 ,000; to the Judicial Sur- vivors’ A nnuities Fund, as authorized by 28 U.S.C. 37 6 (c), $6,500,000; and to the United States Court of Federal Claims Judges’ Retirement Fund, as authorized by 28 U.S.C. 178(l), $4,000,000. UNITED STATES SENTENCIN G COMMISSION SALARIES AND EXPENSES For the salaries and expenses necessary to carry out the provi- sions of chapter 58 of title 28, United States Code, $16,837,000, of which not to exceed $1,000 is authorized for official reception and representation expenses. ADMINISTRATI V E PROVISIONS —TH E JUDICIARY ( INCLUDING TRANSFER OF FUNDS ) SEC. 301. Appropriations and authorizations made in this title which are available for salaries and expenses shall be available for services as authorized by 5 U.S.C. 3109. SEC. 302. N ot to exceed 5 percent of any appropriation made available for the current fiscal year for the Judiciary in this Act may be transferred between such appropriations, but no such appro- priation, except ‘ ‘Courts of Appeals, D istrict Courts, and Other Judicial Services, Defender Services’’ and ‘‘Courts of Appeals, Dis- trict Courts, and Other Judicial Services, Fees of Jurors and Commissioners’’, shall be increased by more than 10 percent by any such transfers
 * Provide

d, That any transfer pursuant to this section shall be treated as a reprogramming of funds under sections 604 and 608 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in section 608. SEC. 303. Notwithstanding any other provision of law, the salaries and expenses appropriation for ‘‘Courts of Appeals, District Courts, and Other Judicial Services’’ shall be available for official reception and representation expenses of the Judicial Conference of the United States: Provided, That such available funds shall


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 123STA T . 31 7 7 PUBLIC LA W 111 – 117 —DE C.1 6, 2 0 0 9notexc ee d$1 1 ,0 00 a nd sh a l l b ead mi niste r edb y the D irector o f the A dministrati v e O ffice of the U nited S tates C o u rts in the ca p acity as Secretary of the J udicial Conference . S EC. 3 0 4 . W ithin 9 0 days after the date of the enactment of this Act, the Administrative Office of the U.S. Courts shall submit to the Committees on Appropriations a comprehensive finan - cial plan for the Judiciary allocatin g all sources of available funds including appropriations, fee collections, and carryover balances, to include a separate and detailed plan for the Judiciary I nformation T echnology F und, w hich will establish the baseline for application of reprogramming and transfer authorities for the current fiscal year. SEC. 30 5 . Section 3314 ( a ) of title 40, United States Code, shall be applied by substituting ‘ ‘Federal ’ ’ for ‘‘executive’’ each place it appears. SEC. 30 6 . In accordance with 28 U.S.C. 561 – 569, and notwith- standing any other provision of law, the United States M arshals Service shall provide, for such courthouses as its Director may designate in consultation with the Director of the Administrative Office of the United States Courts, for purposes of a pilot program, the security services that 40 U.S.C. 1315 authori z es the Department of H omeland Security to provide, except for the services specified in 40 U.S.C. 1315(b)(2)( E ). For building-specific security services at these courthouses, the Director of the Administrative Office of the United States Courts shall reimburse the United States Marshals Service rather than the Department of Homeland Secu- rity. SEC. 30 7 . Section 203(c) of the Judicial Improvements Act of 1990 ( P ublic L aw 101–650 28 U.S.C. 133 note), is amended — (1) in the third sentence (relating to the District of K ansas), by stri k ing ‘‘18 years’’ and inserting ‘‘19 years’’; (2) in the sixth sentence (relating to the N orthern District of Ohio), by striking ‘‘18 years’’ and inserting ‘‘19 years’’; and (3) in the seventh sentence (relating to the District of Hawaii), by striking ‘‘15 years’’ and inserting ‘‘16 years’’. This title may be cited as the ‘‘Judiciary Appropriations Act, 2010’’. TITLE I V DIST R ICT OF COLUM B IA FE D E RAL F UN D SF EDERAL P A YM EN T F O R RES I DENT TUITION SUPPORT For a Federal payment to the District of Columbia, to be deposited into a dedicated account, for a nationwide program to be administered by the Mayor, for District of Columbia resident tuition support, $35,100,000, to remain available until expended
 * Provide

d, That such funds, including any interest accrued thereon, may be used on behalf of eligible District of Columbia residents to pay an amount based upon the difference between in-State and out-of-State tuition at public institutions of higher education, or to pay up to $2,500 each year at eligible private institutions of higher education: Provided fu r th er, That the awarding of such funds may be prioritized on the basis of a resident’s academic merit, the income and need of eligible students and such other factors Distr i c t ofC o lumb i aAp propriatio n s Act ,201 0 .Re imbursements. Applicabilit y . Dea d line. F inancial plan.

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Page:United States Statutes at Large Volume 123.djvu/3198

 123STA T . 31 78PUBLIC LA W 111 – 117 —DE C.1 6, 2 0 0 9asm a ybe a uthoriz e d:Provide d fu r th er ,T hat the D istri c to fC o l umbia g o v er n ment shall maintain a dedicated account for the R esident Tuition S u p port P rogram that shall consist of the F ederal funds appropriated to the Program in this A ct and any subse q uent appropriations, any unobligated balances from prior fiscal years, and any interest earned in this or any fiscal year: Provided further, That the account shall be under the control of the District of Columbia Chief Financial O fficer, w ho shall use those funds solely for the purposes of carrying out the Resident Tuition Support Pro - gram: Provided further, That the Office of the Chief Financial Officer shall provide a quarterly financial report to the Committees on Appropriations of the H ouse of Representatives and the Senate for these funds showing, by ob j ect class, the e x penditures made and the purpose therefor .FED E RALP A YM E NT F O R EMER G EN C Y PLANN I NG AND S EC U RITY COSTS INT H E DISTRICT OF COLUM B IA For a Federal payment of necessary expenses, as determined by the M ayor of the District of Columbia in written consultation with the elected county or city officials of surrounding jurisdictions, $15, 0 00,000, to remain available until expended and in addition any funds that remain available from prior year appropriations under this heading for the District of Columbia G overnment, for the costs of providing public safety at events related to the presence of the national capital in the District of Columbia, including support requested by the Director of the U nited States Secret Service Divi- sion in carrying out protective duties under the direction of the Secretary of Homeland Security, and for the costs of providing support to respond to immediate and specific terrorist threats or attac k s in the District of Columbia or surrounding jurisdictions. FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS For salaries and expenses for the District of Columbia Courts, $ 26 1,1 8 0,000 to be allocated as follows: for the District of Columbia Court of Appeals, $12,022,000, of which not to exceed $2,500 is for official reception and representation expenses for the District of Columbia Superior Court, $108,52 4 ,000, of which not to exceed $2,500 is for official reception and representation expenses; for the District of Columbia Court System, $65,114,000, of which not to exceed $2,500 is for official reception and representation expenses; and $ 7 5,520,000, to remain available until September 3 0, 2011, for capital improvements for District of Columbia court- house facilities, including structural improvements to the District of Columbia cell block at the Moultrie Courthouse: Provided, That funds made available for capital improvements shall be expended consistent with the General Services Administration ( GSA ) master plan study and building evaluation report: Provided further, That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Manage- ment and B udget and obligated and expended in the same manner as funds appropriated for salaries and expenses of other Federal agencies, with payroll and financial services to be provided on a contractual basis with the GSA, and such services shall include the preparation of monthly financial reports, copies of which shall be submitted directly by GSA to the President and to the Commit- tees on Appropriations of the House of Representatives and the Contrac t s.De a dli nes. R e p orts. Deadline. Reports. A cco u nts.


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Page:United States Statutes at Large Volume 123.djvu/3199

 123STA T . 31 79PUBLIC LA W 111 – 117 —DE C.1 6, 2 0 09 Senat e , t h e Com m i ttee on Ov e rs i g ht an dG overnment R e f orm of the H o u seofRe p resentatives, and the Committee on Home l and Se c urit y and Governmental A ffairs of the Senate
 * Provide

d fu r th er, T hat 30 days after providing w ritten notice to the Committees on Appropriations of the House of Representatives and the Senate, the D istrict of Colum b ia Courts may reallocate not more than $1 ,000,000 of the funds provided under this heading among the items and entities funded under this heading for operations, and not more than 4 percent of the funds provided under this heading for facilities .FED E RALP A YM E NT F O R DEFENDER S ER VIC ES IN DISTRICT OF COL U M B IA COURTS F or payments authori z ed under section 11 –26 04 and section 11–260 5, D.C. Official Code ( relating to representation provided under the District of Columbia Criminal J ustice Act ) , payments for counsel appointed in proceedings in the Family Court of the Superior Court of the District of Columbia under chapter 23 of title 16, D.C. Official Code, or pursuant to contractual agreements to provide guardian ad litem representation, training, technical assistance, and such other services as are necessary to improve the q uality of guardian ad litem representation, payments for counsel appointed in adoption proceedings under chapter 3 of title 16, D.C. Official Code, and payments for counsel authorized under section 21–2060, D.C. Official Code (relating to representation pro - vided under the District of Columbia Guardianship, P rotective Pro- ceedings, and Durable Power of Attorney Act of 1 98 6), $55,000,000, to remain available until e x pended: Provided , That funds provided under this heading shall be administered by the Joint Committee on Judicial Administration in the District of Columbia: Provided further, That notwithstanding any other provision of law, this appro- priation shall be apportioned quarterly by the Office of M anagement and B udget and obligated and expended in the same manner as funds appropriated for expenses of other Federal agencies, with payroll and financial services to be provided on a contractual basis with the General Services Administration (GSA), and such services shall include the preparation of monthly financial reports, copies of which shall be submitted directly by GSA to the President and to the Committees on Appropriations of the House of Representa- tives and the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate. FEDERAL PAYMENT TO T H E COURT SERVICES AND OFFENDER SUPERVISION A G ENCY FOR THE DISTRICT OF COLUMBIA For salaries and expenses, including the transfer and hire of motor vehicles, of the Court Services and Offender Supervision Agency for the District of Columbia, as authorized by the N ational Capital Revitalization and Self-Government I mprovement Act of 199 7, $212,408,000, of which not to exceed $2,000 is for official reception and representation expenses related to Community Super- vision and Pretrial Services Agency programs of which not to exceed $25,000 is for dues and assessments relating to the implementation of the Court Services and Offender Supervision Agency Interstate Supervision Act of 2002; of which $153,856,000 shall be for necessary expenses of Community Supervision and Contrac t s.De a dli nes. R e p orts. Deadline. N oti f ication.


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Page:United States Statutes at Large Volume 123.djvu/3200

 123STA T . 31 80PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9SexOf fe nd e rR e gist r a ti o n , to in clu de ex p enses relating to t h e super -v ision of adults su bj ect to protection orders or the provision of services for or related to such persons of w hich $58 ,55 2, 0 00 shall be available to the P retrial Services A genc y:Provide d, T hat notwith- standing any other provision of law, all a m ounts under this heading shall be apportioned q uarterly by the Office of M anagement and B udget and obligated and expended in the same manner as funds appropriated for salaries and expenses of other F ederal agencies: Provided fu r th er, That not less than $2,000,000 shall be available for re-entrant housing in the D istrict of C olumbia: Provided further, That the Director is authori z ed to accept and use gifts in the form of in- k ind contributions of space and hospitality to support offender and defendant programs, and equipment and vocational training services to educate and train offenders and defendants: Provided further, That the Director shall keep accurate and detailed records of the acceptance and use of any gift or donation under the previous proviso, and shall make such records available for audit and public inspection: Provided further, That the Court Serv- ices and Offender Supervision Agency Director is authorized to accept and use reimbursement from the District of Columbia G overnment for space and services provided on a cost reimbursable basis .FED E RALP A YM E NT T O T H EP UB L IC DEFENDER S ER V ICE FOR THE DISTRICT OF COLUMBIA For salaries and expenses, including the transfer and hire of motor vehicles, of the District of Columbia Public Defender Service, as authorized by the N ational Capital Revitalization and Self-Government I mprovement Act of 19 9 7 ,$ 3 7,31 6 ,000: Provided, That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Manage- ment and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of Federal agencies. FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA W ATER AND SEWER AUTHORITY For a Federal payment to the District of Columbia W ater and Sewer Authority, $20,000,000, to remain available until expended, to continue implementation of the Combined Sewer Over- flow L ong-Term Plan: Provided, That the District of Columbia Water and Sewer Authority provides a 100 percent match for this payment. FEDERAL PAYMENT TO THE CRIMINAL J USTICE COORDINATIN G COUNCIL For a Federal payment to the Criminal J ustice Coordinating Council, $2,000,000, to remain available until expended, to support initiatives related to the coordination of Federal and local criminal justice resources in the District of Columbia. FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS For a Federal payment, to remain available until September 30, 2011, to the Commission on Judicial Disabilities and Tenure, $295,000, and for the Judicial Nomination Commission, $205,000. Records.Publi c i nf or mat ion. D eadline.


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Page:United States Statutes at Large Volume 123.djvu/3201

 123STA T . 31 8 1 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9FED E RALP A YM E NT T O T H E OFF IC E OF THE CHIEF FINANCIAL OFFICER FOR THE DI S TRICT OF COL U M B IA Fora F ed era lp a ym e nt tot h e Of f ic eofthe C hief Financial Officer for the D i s trict of Col u m b ia ,$1, 850 ,000, in the amounts and for the pro j ects specified in the table that appears under the headin g‘ ‘Federal P ayment to the Office of the Chief Financial Officer for the District of Columbia ’ ’ in the statement of managers to accompany this A ct
 * Provide

d, T hat each entity that recei v es funding under this heading shall submit to the Office of the Chief Financial Officer for the District of Columbia ( CFO ) , not later than 6 0 days after enactment of this Act, a detailed budget and comprehensive description of the activities to be carried out w ith such funds, and the CFO shall submit a comprehensive report to the Committees on Appropriations of the H ouse of R epresenta - tives and the S enate not later than J une 1, 2 010 . FEDERAL PAYMENT FOR SCHOOL IMPRO V EMENT For a Federal payment for a school improvement program in the District of Columbia, $ 7 5, 4 00,000, to be allocated as follows: for the District of Columbia Public Schools, $42,200,000 to improve public school education in the District of Columbia for the State E ducation Office, $20,000,000 to e x pand q uality public charter schools in the District of Columbia, to remain available until expended; for the Secretary of the Department of Education, $1 3 ,200,000 to provide opportunity scholarships for students in the District of Columbia in accordance with title I II of division C of the District of Columbia Appropriations Act, 2004 (Public L aw 108 – 1 9 9; 118 Stat. 126), to remain available until expended, of which up to $1,000,000 may be used to administer and fund assessments, and of which up to $1,000,000 may be used to admin- ister testing of students to determine and compare academic performance of the schools enrolling students participating in the opportunity scholarship program: Provided , That notwithstanding the second proviso under this heading in Public Law 111–8, funds provided herein may only be used to provide opportunity scholar- ships to students who received scholarships in the 2009–2010 school year: Provided fu r th er, That funds available under this heading for opportunity scholarships, including from prior-year appropria- tions Acts, may be made available only for scholarships to students who received scholarships in the 2009–2010 school year: Provided further, That none of the funds provided in this Act or any other Act for opportunity scholarships may be used by an eligible student to enroll in a participating school under the DC School Choice Incentive Act of 2003 unless (1) the participating school has and maintains a valid certificate of occupancy issued by the District of Columbia; (2) the core subject matter teachers of the eligible student hold 4-year bachelor’s degrees; and (3) the participating school is in compliance with the accreditation and other standards prescribed under the District of Columbia compulsory school attend- ance laws that apply to educational institutions not affiliated with the District of Columbia Public Schools: Provided further, That the Secretary of Education shall submit a report to Congress not later than June 15, 2010 detailing the academic rigor and quality of each participating school and that for the purposes of submitting the report the Secretary shall administer to eligible students partici- pating in the program the same tests of academic performance Reports.D e adlin e. Deadlines. Bu d g et. Reports.


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Page:United States Statutes at Large Volume 123.djvu/3202

 123STA T . 31 8 2 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9astho s e a dmin iste r edtost u dents enro l led in the D istri c to fC olum b ia P ublic S chools in the 20 0 9– 20 1 0 school y ear and the Secretary shall utili z e the p erformance of scholarship recipients on that test as w ell as other metrics of academic q uality considered appropriate by the Secretary to e v aluate the academic ri g or and quality of participating schools and include in this report compara - tive data on District of Columbia Public Schools and Public Charter Schools
 * Provide

d fu r th er ,T hat the Secretary of E ducation shall ensure that site inspections of participating schools are conducted at least twice annually .FED E RALP A YM E NT F O R C ON S OL I DATED LA B ORATORY FACILITY F or a Federal payment to the District of Columbia, $ 1 5 ,000,000, to remain available until September 3 0, 2011, for costs associated with the construction of a consolidated bioterrorism and forensics laboratory: Provided, That the District of Columbia provides a 100 percent match for this payment. FEDERAL PAYMENT FOR T H E DISTRICT OF COL U MBIA NATIONAL G UARD For a Federal payment to the District of Columbia N ational G uard, $3 7 5,000, to remain available until e x pended for the District of Columbia National Guard retention and college access programs, which shall hereafter be k nown as the ‘ ‘ M a j or General David F. W herley, J r. District of Columbia National Guard R etention and College A ccess Program ’ ’. FEDERAL PAYMENT FOR HOUSING FOR THE HOMELESS For a Federal payment to the District of Columbia, $17,000,000, to remain available until September 30, 2011, to support permanent supportive housing programs in the District. FEDERAL PAYMENT FOR YOUTH SER V ICES For a Federal payment to the District of Columbia, $ 4 ,000,000, to remain available until September 30, 2011, to support the ‘‘Recon- necting Disconnected Y outh’’ initiative. DISTRICT OF COLUMBIA FUNDS The following amounts are appropriated for the District of Columbia for the current fiscal year out of the General Fund of the District of Columbia ( ‘‘General Fund’’ ) , except as otherwise specifically provided: Provided, That notwithstanding any other provision of law, except as provided in section 450A of the District of Columbia H ome Rule Act, (114 Stat. 2440 D.C. O fficial Code, section 1–204.50a) and provisions of the Fiscal Year 2010 B udget Request Act, the total amount appropriated in this Act for operating expenses for the District of Columbia for fiscal year 2010 under this heading shall not exceed the lesser of the sum of the total revenues of the District of Columbia for such fiscal year or $10,01 6 ,041,000 (of which $5,637, 8 24,000 shall be from local funds, (including $394,417,000 from dedicated taxes) $2,661,782,000 shall be from Federal grant funds, $1,711,249,000 shall be from other funds, and $5,187,000 shall be from private funds); in addition, $185,725,000 from funds previously appropriated in this Act as Inspectio ns .D e adl ine.


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Page:United States Statutes at Large Volume 123.djvu/3203

 123STA T . 31 8 3 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9Fed e ralp a ym e nts,whic hd o es not incl u de f unds appropriated under the A merican R eco v ery and Reinvestment Act of 20 0 9(P u b lic L aw 1 11 –5):Provide d fu r th er, T hat of the local funds, such amounts as may be necessary may be derived from the D istrict ’ s G eneral Fund balance: Provided further, That of these funds the District’s intradistrict authority shall be $7 91,09 6 ,000: in addition for capital construction pro j ects, an increase of $ 3 ,2 4 9,642,000, of which $2,6 8 5,760,000 shall be from local funds, $54,893,000 from the District of C olumbia H i g hway Trust fund, $186,805,000 from the Local S treet M aintenance fund, $322,184,000 from Federal grant funds, and a rescission of $1,834,494,000 from local funds and a rescission of $91,327,000 from Local Street Maintenance funds appropriated under this heading in prior fiscal years for a net amount of $1,323,821,000, to remain available until e x pended: Pro - vided further , That the amounts provided under this heading are to be available, allocated and expended as proposed under Title I II of the Fiscal Y ear 2010 B udget Re q uest Act at the rate set forth under ‘ ‘District of Columbia Funds Division of E xpenses’’ of the Fiscal Year 2010 Proposed Budget and Financial Plan sub - mitted to the Congress of the U nited States by the District of Columbia on September 28, 2009: Provided further, That this amount may be increased by proceeds of one-time transactions, which are expended for emergency or unanticipated operating or capital needs: Provided further, That such increases shall be approved by enactment of local District law and shall comply with all reserve requirements contained in the District of Columbia Home Rule Act (87 Stat . 777 D.C. O fficial Code sec. 1–201.01 et seq.): Provided further, That the Chief Financial Officer of the District of Columbia shall ta k e such steps as are necessary to assure that the District of Columbia meets these requirements, including the apportioning by the Chief Financial Officer of the appropriations and funds made available to the District during fiscal year 2010, except that the Chief Financial Officer may not reprogram for operating expenses any funds derived from bonds, notes, or other obligations issued for capital projects. This title may be cited as the ‘‘District of Columbia Appropria- tions Act, 2010’’. TITLE V I N DEPENDENT AGENCIES A DMIN I STRA TI VE C O N F EREN C EOFT H E UNITED STATES SA L ARIES AND E XP ENSES For necessary expenses of the Administrative Conference of the United States, authori z ed by 5 U.S.C. 591 et seq., $1,500,000, to remain available until September 30, 2011, of which not to exceed $1,000 is for official reception and representation expenses. CHRISTOPHER COL U M B US FELLO W SHIP FOUNDATION SALARIES AND EXPENSES For payment to the Christopher Columbus Fellowship Founda- tion, established by section 423 of Public Law 102–281, $750,000, to remain available until expended.


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Page:United States Statutes at Large Volume 123.djvu/3204

 123STA T . 31 84PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9CONSUMERP RO D U CTSAF ET Y COMM I SSION SA L ARIES AND E XP ENSES Fornec e s s a r y e xp enses o fth e Cons um er Pro d uct Safety Comm i ssion , inc l udin g hire of passenger motor v ehicles, services as authori z ed b y 5U. S.C. 3109 , but at rates for individuals not to exceed the per diem rate e q uivalent to the maximum rate payable under 5 U.S.C. 53 76, purchase of nominal a w ards to recognize non - Federal officials ’ contributions to Commission activities, and not to exceed $2 ,000 for official reception and representation expenses, $11 8 ,200,000, of which $2,000,000 shall remain available for obligation until September 30, 2011, to implement the V irginia G raeme B a k er Pool and Spa Safety A ct grant program as provided by section 1 4 05 of Public L aw 110 – 140 ( 15 U.S.C. 8004 ) . E LECTION ASSISTANCE COMMISSION SALARIES AND EXPENSES ( INCLUDIN G TRANSFER OF FUNDS ) For necessary expenses to carry out the H elp America Vote Act of 2002 (Public Law 107–252), $17,959,000, of which $3,500,000 shall be transferred to the N ational I nstitute of Standards and T echnology for election reform activities authorized under the Help America Vote Act of 2002
 * Provide

d, That $750,000 shall be for the Help America Vote College Program as authorized by the Help America Vote Act of 2002: Provided fu r th er, That $300,000 shall be for a competitive grant program to support community involve- ment in student and parent mock elections. ELECTION REFORM PROGRAMS For necessary expenses relating to election reform programs, $75,000,000, to remain available until expended, of which $70,000,000 shall be for requirements payments under part 1 of subtitle D of title II of the Help America Vote Act of 2002 (Public Law 107–252), $3,000,000 shall be for grants to carry out research on voting technology improvements as authorized under part 3 of subtitle D of title II of such Act, and $2,000,000, shall be to conduct a pilot program for grants to States and units of local government for pre-election logic and accuracy testing and post- election voting systems verification. FEDERAL COMMUNICATIONS COMMISSION SALARIES AND EXPENSES For necessary expenses of the Federal Communications Commission, as authorized by law, including uniforms and allow- ances therefor, as authorized by 5 U.S.C. 5901–5902 not to exceed $4,000 for official reception and representation expenses; purchase and hire of motor vehicles; special counsel fees; and services as authorized by 5 U.S.C. 3109, $335,794,000: Provided, That $335,794,000 of offsetting collections shall be assessed and collected pursuant to section 9 of title I of the Communications Act of 1934, shall be retained and used for necessary expenses in this


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Page:United States Statutes at Large Volume 123.djvu/3205

 123STA T . 31 85PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9ap p ro pr i a t io n, an dsh a l lr em ain a v aila b le u ntil e x pended
 * Provide

d fu r th er, T hat the sum herein appropriated shall be redu c ed as such o f fsettin g collections are received during fiscal y ear 201 0so as to result in a final fiscal year 2010 appropriation estimated at $ 0: Provided further, That any offsetting collections received in excess of $ 3 3 5, 794 ,000 in fiscal year 2010 shall not be available for obligation: Provided further, That remaining offsetting collec - tions from prior years collected in excess of the amount specified for collection in each such year and other w ise becoming available on O ctober 1, 2009, shall not be available for obligation: Provided further, That notwithstanding 47 U.S. C . 309 (j) ( 8 )( B ), proceeds from the use of a competitive bidding system that may be retained and made available for obligation shall not exceed $85,000,000 for fiscal year 2010: Provided further, That the I nspector G eneral of the F ederal Communications Commission shall examine whether, and to what extent, the N ational E xchange Carrier A ssociation, Inc. is acting in compliance with the Communications Act of 1934, as amended, and the regulations promulgated thereunder, and whether, and to what extent, the FCC has delegated authority to National Exchange Carrier Association, Inc. consistent with the Communications Act of 1934, as amended: Provided further, That the Federal Communications Commission Inspector General shall submit a report to Congress not later than J uly 1, 2010, setting forth the conclusions of such examination. ADMIN I STR ATI VEP R O VISIONS —F EDERA LC OMM U NICATIONS COMMISSION SEC. 501. Section 302 of the Universal Service Antideficiency Temporary Suspension Act is amended by stri k ing ‘ ‘ D ecember 31, 2009 ’ ’, each place it appears and inserting ‘‘December 31, 2010’’. SEC. 502. None of the funds appropriated by this Act may be used by the Federal Communications Commission to modify, amend, or change its rules or regulations for universal service support payments to implement the February 27, 2004 recommenda- tions of the Federal-State Joint Board on Universal Service regarding single connection or primary line restrictions on universal service support payments. FEDERAL DEPOSIT INSURANCE CORPORATION OFFICE OF T H E INSPECTOR G ENERAL For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $37,942,000, to be derived from the Deposit Insurance Fund or, only when appropriate, the FS L IC R esolution Fund. FEDERAL ELECTION COMMISSION SALARIES AND E X PENSES For necessary expenses to carry out the provisions of the Fed- eral Election Campaign Act of 1971, $ 6 6,500,000, of which not to exceed $5,000 shall be available for reception and representation expenses. 1 1 8Sta t .39 98. Repor t s . D ea dlin e. Ex a m ination.


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Page:United States Statutes at Large Volume 123.djvu/3206

 123STA T . 31 86PUBLIC LA W 111 – 11 7—DE C. 16 , 2 0 0 9FED E RALL A BO R R ELA TI O NSAU T H ORIT Y SALARIES AND E XP ENSES F ornec e s s a r y e xp enses t o carry o u t f unct i onsoft h eFe d era l La b or Relations Authority , pursuant to Reor g ani z ation P lan N u m- bered 2 of 1978 , and the C i v il S ervice Reform Act of 1978, including services authorized by 5U. S.C. 3 1 0 9, and including hire of experts and consultants, hire of passenger motor vehicles, and rental of conference rooms in the D istrict of Columbia and else w here, $ 2 4 ,773,000
 * Provide

d, T hat public members of the Federal Service I mpasses Panel may be paid travel expenses and per diem in lieu of subsistence as authorized by law ( 5 U.S.C. 5703 ) for persons employed intermittently in the G overnment service, and compensa- tion as authorized by 5 U.S.C. 3109: Provided fu r th er, That notwith- standing 31 U.S.C. 3302, funds received from fees charged to non- Federal participants at labor-management relations conferences shall be credited to and merged with this account, to be available without further appropriation for the costs of carrying out these conferences. FEDERAL TRADE CO M MISSION SALARIES AND EXPENSES For necessary expenses of the Federal Trade Commission, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901 – 5902 services as authorized by 5 U.S.C. 3109; hire of pas- senger motor vehicles; and not to exceed $2,000 for official reception and representation expenses, $291,700,000, to remain available until expended: Provided, That not to exceed $300,000 shall be available for use to contract with a person or persons for collection services in accordance with the terms of 31 U.S.C. 3718: Provided further, That, notwithstanding any other provision of law, not to exceed $102,000,000 of offsetting collections derived from fees col- lected for premerger notification filings under the H art-Scott-Rodino Antitrust Improvements Act of 197 6 (15 U.S.C. 18a), regardless of the year of collection, shall be retained and used for necessary expenses in this appropriation: Provided further, That, notwith- standing any other provision of law, not to exceed $21,000,000 in offsetting collections derived from fees sufficient to implement and enforce the Telemar k eting Sales Rule, promulgated under the Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6101 et se q .), shall be credited to this account, and be retained and used for necessary expenses in this appropriation: Provided further, That the sum herein appropriated from the gen- eral fund shall be reduced as such offsetting collections are received during fiscal year 2010, so as to result in a final fiscal year 2010 appropriation from the general fund estimated at not more than $168,700,000: Provided further, That none of the funds made avail- able to the Federal Trade Commission may be used to implement subsection (e)(2)( B ) of section 43 of the Federal Deposit Insurance Act (12 U.S.C. 1831t).


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Page:United States Statutes at Large Volume 123.djvu/3207

 123STA T . 31 87PUBLIC LA W 111 – 117 —DE C.1 6, 2 0 0 9GEN E RALS ER VIC E SADM INIS T RATI O N REAL P ROPERT Y ACTIVITIES F EDERAL BU ILDIN G S FUND LIMITATIONS ON AVAILABILITY OF REVENUE Foran a d d it iona l a m o u nt to be de p o s ited in t h e Federal B uildin g s Fund ,$537, 90 0,000 . Amounts in the Fund, in c luding re v enues and collections deposited into the Fund shall be available f or necessar y e x penses of real property management and related activities not other w ise provided for, including operation, mainte - nance, and protection of federally owned and leased buildings rental of buildings in the D istrict of C olumbia; restoration of leased prem- ises; moving governmental agencies ( including space ad j ustments and telecommunications relocation expenses ) in connection with the assignment, allocation and transfer of space; contractual serv- ices incident to cleaning or servicing buildings, and moving; repair and alteration of federally owned buildings including grounds, approaches and appurtenances; care and safeguarding of sites; maintenance, preservation, demolition, and e q uipment; acquisition of buildings and sites by purchase, condemnation, or as otherwise authori z ed by law; acquisition of options to purchase buildings and sites; conversion and extension of federally owned buildings; preliminary planning and design of projects by contract or other- wise; construction of new buildings (including equipment for such buildings); and payment of principal, interest, and any other obliga- tions for public buildings acquired by installment purchase and purchase contract; in the aggregate amount of $ 8 ,5 4 3,585,000, of which ( 1 ) $894,037,000 shall remain available until expended for construction and acquisition (including funds for sites and expenses and associated design and construction services) of additional projects at the following locations: N ew Construction: Alabama: M obile, U nited States Courthouse, $50,000,000. California: Calexico, Calexico W est, L and P ort of E ntry, $9,437,000. Colorado: La k ewood, Denver Federal Center R emediation, $9,9 62 ,000. District of Columbia: Columbia Plaza, $100,000,000. Southeast Federal Center Remediation, $15,000,000. Florida: Miami, Federal Bureau of I nvestigation Field O ffice Consolidation, $190,675,000. Georgia: Savannah, United States Courthouse, $7,900,000. Maine: Madawaska, Land Port of Entry, $50,127,000. Maryland: White Oak, Food and Drug Administration Consolida- tion, $137,871,000. Greenbelt, United States Courthouse, $10,000,000.


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Page:United States Statutes at Large Volume 123.djvu/3208

 123STA T . 31 8 8 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9Pen n sylva n i a
 * L

an c as t e r,U nite dS tates Cou rt h ouse, $6, 50 0,000 .T e x as: E l Paso, Tornillo -G uadalu p e, Land Port o f Entry, $ 91 ,565,000. San A ntonio, United States Courthouse, $ 4 ,000,000. Utah: Salt La k e City, United States Courthouse, $ 2 11,000,000: Provide d, That each of the fore g oing li m its of costs on ne w construc- tion pro j ects may b e exceeded to the extent that savings are effected in other such projects, but not to exceed 10 percent of the amounts included in an approved prospectus, if re q uired, unless advance approval is obtained from the Committees on Appropriations of a greater amount: Provided fu r th er, That all funds for direct construction projects shall expire on September 3 0, 2011 and remain in the F ederal B uildings Fund except for funds for projects as to which funds for design or other funds have been obligated in whole or in part prior to such date: Provided further , That for fiscal year 2011 and thereafter, the annual budget submission to Congress for the General Services Administration shall include a detailed 5-year plan for Federal building construction projects with a yearly update of total projected future funding needs: Pro - vided further, That for fiscal year 2011 and thereafter, the annual budget submission to Congress for the General Services Administra- tion shall, in consultation with U.S. Customs and Border Protection, include a detailed 5-year plan for Federal land port-of-entry projects with a yearly update of total projected future funding needs 2 ) $413, 7 76,000 shall remain available until expended for repairs and alterations, which includes associated design and construction serv- ices: R epairs and Alterations: D istrict of Columbia: East W ing I nfrastructure Systems Replacement, $ 8 4,500,000. Eisenhower Executive O ffice Building Roof Replace- ment, $15,000,000. N ew Executive Office Building, $30,276,000. Special Emphasis Programs: Fire and Life Safety Program, $20,000,000. Energy and Water Retrofit and Conservation M eas- ures, $2,000,000. Federal H igh-Performance Green Buildings, $2,000,000. Basic Repairs and Alterations, $260,000,000: Provided further, That funds made available in this or any previous Act in the Federal Buildings Fund for Repairs and Alterations shall, for prospectus projects, be limited to the amount identified for each project, except each project in this or any previous Act may be increased by an amount not to exceed 10 percent unless advance approval is obtained from the Committees on Appropria- tions of a greater amount: Provided further, That additional projects for which prospectuses have been fully approved may be funded under this category only if advance approval is obtained from the Committees on Appropriations: Provided further, That the amounts provided in this or any prior Act for ‘ ‘Repairs and Alterations ’ ’ may be used to fund costs associated with implementing security Advance d a p p ro va l. Advanced approval. P ro j ec t plan. Project plan. 40USC3 0 1 note. Ex p i ration date.


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Page:United States Statutes at Large Volume 123.djvu/3209

 123STA T . 31 89PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 09 improve me nts to bu i ld in g sne c ess a r y to meet t h e minimum stand - ards f or security in accordance w ith current law and in compliance with the reprogramming guidelines of the appropriate C ommittees of the H ouse and S enate
 * Provide

d fu r th er ,T hat the difference between the funds appropriated and e x pended on any pro j ects in this or any prior A ct, under the heading ‘ ‘ R epairs and Alterations ’ ’, may be transferred to B asic Repairs and Alterations or used to fund authori z ed increases in prospectus projects: Provided further, That all funds for repairs and alterations prospectus projects shall expire on September 30, 2 0 1 1 and remain in the F ederal Buildings Fund except funds for projects as to which funds for design or other funds have been obligated in whole or in part prior to such date: Provided further, That the amount provided in this or any prior Act for Basic Repairs and Alterations may be used to pay claims against the G overnment arising from any projects under the heading ‘‘Repairs and Alterations’’ or used to fund authorized increases in prospectus projects 3 )$ 1 4 0, 5 25,000 for installment ac q uisition payments including payments on purchase contracts which shall remain available until expended; (4) $4, 8 04,8 7 1,000 for rental of space which shall remain available until expended; and (5) $2,2 9 0,37 6 ,000 for building operations which shall remain available until expended: Provided further, That funds available to the General Services Administration shall not be available for expenses of any construction, repair, alteration and acquisition project for which a prospectus, if required by the P ublic Buildings Act of 1959, has not been approved, except that necessary funds may be expended for each project for required expenses for the development of a proposed prospectus: Provided further, That funds available in the Federal Buildings Fund may be expended for emer- gency repairs when advance approval is obtained from the Commit- tees on Appropriations: Provided further, That amounts necessary to provide reimbursable special services to other agencies under 40 U. S.C. 592(b)(2) and amounts to provide such reimbursable fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership or control as may be appropriate to enable the United States Secret Service to perform its protective functions pursuant to 18 U.S.C. 3056, shall be avail- able from such revenues and collections: Provided further, That revenues and collections and any other sums accruing to this Fund during fiscal year 2010, excluding reimbursements under 40 U.S.C. 592(b)(2) in excess of the aggregate new obligational authority authorized for Real Property Activities of the Federal Buildings Fund in this Act shall remain in the Fund and shall not be available for expenditure except as authorized in appropriations Acts. GEN E RAL A CTIV ITIE S G O VERN M ENT- W I D E P OLIC Y For expenses authorized by law, not otherwise provided for, for Government-wide policy and evaluation activities associated with the management of real and personal property assets and certain administrative services; Government-wide policy support responsibilities relating to acquisition, telecommunications, information technology management, and related technology activi- ties; and services as authorized by 5 U.S.C. 3109; $59,665,000. Expirat i ond at e.


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Page:United States Statutes at Large Volume 123.djvu/3210

 123STA T . 31 90PUBLIC LA W 111 – 11 7—DE C.1 6, 2009 OPERATING E X PEN S ES Forexp e ns es auth or iz e dbyl a w, not otherwise pro v ided f or, for G overn m ent - wide a c tivities associated with utilization and dona- tion of surplus personal property disposal of real property; a g ency- wide policy direction, management, and communications; the C ivilian B oard of Contract A ppeals; services as authorized by 5U.S .C. 3109 $7 ,500 for official reception and representation expenses; $7 2, 8 81,000, of which $1,000,000 shall be for a payment to the Ok lahoma City N ational M emorial Founda- tion as authorized by 1 6 U.S.C. 4 50ss – 5. O F FI C E OF INSPECTOR GENERA L For necessary expenses of the Office of I nspector General and service authorized by 5 U.S.C. 3109, $59,000,000
 * and not to exceed
 * Provide

d, T hat not to exceed $15,000 shall be available for payment for information and detection of fraud against the Government, including payment for recovery of stolen Government property: Provided fu r th er, That not to exceed $2,500 shall be available for awards to employees of other Federal agencies and private citizens in recognition of efforts and initiatives resulting in enhanced Office of Inspector General effectiveness. ELECTRONIC GO V ERN M ENT F U N D( INCLUDING TRANSFER OF FUNDS ) For necessary expenses in support of interagency pro j ects that enable the Federal Government to expand its ability to conduct activities electronically, through the development and implementa- tion of innovative uses of the Internet and other electronic methods, $34,000,000, to remain available until expended: Provided, That these funds may be transferred to Federal agencies to carry out the purpose of the Fund: Provided further, That this transfer authority shall be in addition to any other transfer authority pro- vided in this Act: Provided further, That such transfers may not be made until 10 days after a proposed spending plan and expla- nation for each project to be undertaken has been submitted to the Committees on Appropriations of the H ouse of R epresentatives and the Senate. ALLO W ANCES AND OFFICE STAFF FOR FORMER PRESIDENTS For carrying out the provisions of the Act of August 25, 1958 ( 3 U.S.C. 102 note ) , and P ublic L aw 95–138, $3,756,000. FEDERAL CITI Z EN SERVICES FUND For necessary expenses of the Office of Citizen Services, including services authorized by 5 U.S.C. 3109, $36,515,000, to be deposited into the Federal Citizen Services Fund: Provided, That the appropriations, revenues, and collections deposited into the Fund shall be available for necessary expenses of Federal Cit- izen Services activities in the aggregate amount not to exceed $61,000,000. Appropriations, revenues, and collections accruing to this Fund during fiscal year 2010 in excess of such amount shall Timep e r i od.S pe n din g p la n.


text: Dictionary of National Biography, 1885-1900/Moore, James


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Page:United States Statutes at Large Volume 123.djvu/3211

 123STA T . 31 9 1 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 09 remain in th e Fu n d and s ha l ln o t b ea v ailable f ore xp enditure ex c ept as authori z ed in appropriations A cts .ADMIN I STR ATI VEP R O VISIONS —G ENERA L SERVI C ES ADMINISTRATION ( INCL U DING TRANS F ERS OF FUNDS )S EC. 510 . Funds available to the G eneral Services Administra - tion shall be available for the hire of passen g er motor vehicles. SEC. 511. Funds in the Federal B uildings Fund made available for fiscal y ear 2 010 for Federal Buildings Fund activities may be transferred bet w een such activities only to the extent necessary to meet program re q uirements
 * Provide

d ,T hat any proposed trans- fers shall be approved in advance by the C ommittees on Appropria- tions of the H ouse of R epresentatives and the Senate. SEC. 512. E xcept as otherwise provided in this title, funds made available by this Act shall be used to transmit a fiscal year 2011 request for U nited States Courthouse construction only if the request: ( 1 ) meets the design guide standards for construction as established and approved by the General Services Administra- tion, the J udicial Conference of the United States, and the O ffice of M anagement and Budget (2) reflects the priorities of the Judicial Conference of the United States as set out in its approved 5- year construction plan; and ( 3 ) includes a standardized courtroom utilization study of each facility to be constructed, replaced, or expanded. SEC. 513. N one of the funds provided in this Act may be used to increase the amount of occupiable square feet, provide cleaning services, security enhancements, or any other service usu- ally provided through the Federal Buildings Fund, to any agency that does not pay the rate per square foot assessment for space and services as determined by the General Services Administration in compliance with the P ublic Buildings Amendments Act of 1 97 2 (Public L aw 92 – 313). SEC. 51 4 . From funds made available under the heading ‘ ‘Fed- eral Buildings Fund, Limitations on Availability of Revenue ’ ’, claims against the Government of less than $ 250,000 arising from direct construction pro j ects and acquisition of buildings may be liquidated from savings effected in other construction projects with prior notification to the Committees on Appropriations of the House of Representatives and the Senate. SEC. 515. I n any case in which the Committee on Transpor- tation and Infrastructure of the House of Representatives and the Committee on Environment 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 the General Serv- ices Administration under 40 U.S.C. 3307, the Administrator shall ensure that the delineated area of procurement is identical to the delineated area included in the prospectus for all lease agree- ments, except that, if the Administrator determines that the delin- eated area of the procurement should not be identical to the delin- eated area included in the prospectus, the Administrator shall provide an explanatory statement to each of such committees and the Committees on Appropriations of the House of Representatives and the Senate prior to exercising any lease authority provided in the resolution. Contrac t s.Expl anator y stat em ent. Adv anced approval.


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Page:United States Statutes at Large Volume 123.djvu/3212

 123STA T . 31 9 2 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 09 SEC.516 . Infurthe r a n c e o fthee m er g enc y management p o li cy s et forth in the R o b ert T . Staffor dD isaster Relief and E mergency A ssistance Act , the Administrator of the G eneral Ser v ices Adminis - tration may provide for the use of the F ederal supply schedules of the General Services Administration by relief and disaster assist- ance organi z ations as described in section 309 of that Act. P urchases under this authority shall be limited to use in preparation for, response to, and recovery from hazards as defined in section 60 2 of that Act. HAR R Y STR UM A N SC HOL AR S H IP FOUN D A T ION SALARIES AND E X PENSES For payment to the Harry S Truman Scholarship Foundation Trust Fund, established by section 10 of Public L a w 93 – 6 4 2, $ 660,000, to remain available until e x pended. M ERIT SYSTEMS PROTECTION B OARD SALARIES AND EXPENSES ( INCLUDIN G TRANS F ER OF FUNDS ) For necessary expenses to carry out functions of the Merit Systems Protection Board pursuant to Reorganization Plan N um- bered 2 of 19 78, the C ivil Service Reform Act of 1978, and the W histleblower Protection Act of 1989 ( 5 U .S.C. 5509 note ) , including services as authorized by 5 U.S.C. 3109, rental of conference rooms in the District of Columbia and elsewhere, hire of passenger motor vehicles, direct procurement of survey printing, and not to exceed $2,000 for official reception and representation expenses, $40,339,000 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 AND STE W ART L. UDALL FOUNDATION MORRIS K . UDALL AND STEWART L. UDALL TRUST FUND (INCLUDING TRANSFER OF FUNDS) For payment to the Morris K. Udall and Stewart L. Udall Trust Fund, pursuant to the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5601 et se q .), $2,500,000, to remain available until expended, of which up to $50,000 shall be used to conduct financial audits pursuant to the Accountability of Tax Dollars Act of 2002 (Public Law 107–289) notwithstanding sections 8 and 9 of Public Law 102–259
 * Provide

d, That up to 60 percent of such funds may be transferred by the Morris K. Udall and Stewart L. Udall Foundation for the necessary expenses of the Native Nations Institute. EN V IRONMENTAL DISPUTE RESOLUTION FUND For payment to the Environmental Dispute Resolution Fund to carry out activities authorized in the Environmental Policy and


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Page:United States Statutes at Large Volume 123.djvu/3213

 123STA T . 31 9 3 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 09 ConflictRes ol u tion A ct of 19 9 8,$3 ,8 0 0,000, to r e ma ina v aila b le until e xp en d ed .NATION A L A RCH I VES AN D RECORDS AD M INISTRATION O P ERATIN G E X PENSES F or necessar y expenses in connection w it h the administration of the National Archives and Records Administration ( includin g the I nformation S ecurity O versight Office ) and archived Federal records and related activities, as provided by 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. 5901 et se q .), including maintenance, repairs, and cleaning, $339, 7 70,000. O F FICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector G eneral in carrying out the provisions of the Inspector General Reform Act of 2 008, Public L aw 110 –4 09, 122 Stat. 4302–1 6 (2008), and the Inspector General Act of 1978 (5 U.S.C. App.), and for the hire of passenger motor vehicles, $4,100,000. 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, $85,500,000, of which $61,757,000 shall remain available until September 30, 2012
 * 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 Government 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, $27,500,000, to remain available until expended. Expenditur e p la n .


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Page:United States Statutes at Large Volume 123.djvu/3214

 123STA T . 31 94PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 09 NATIO NA LH I S TO R I C AL PUB LICATIONS AN D R E CORDS CO M MISSION G RANTS PROGRAM Fornec e s s a r y e xp enses f ora l loca ti ons an dg rants for h istorical p ub lications and records as authori z ed by 4 4 U.S. C . 250 4 ,$13 ,000,000, to re m ain a v ailable until expended. N ATIONAL CREDIT UNION A DMINISTRATION CENTRAL LI Q UIDIT YF ACILITY D uring fiscal year 2010, gross obligations of the Central L i q uidity Facility for the principal amount of ne w direct loans to member credit unions, as authorized by 12 U.S.C. 1 79 5 et seq., shall be the amount authorized by section 307 ( a ) (4)(A) of the Federal Credit Union Act (12 U.S.C. 1795f(a)(4)(A))
 * Provide

d, T hat adminis - trative expenses of the Central Liquidity Facility in fiscal year 2010 shall not exceed $1,250,000. COMMUNITY DE V ELOPMENT REVOLVING LOAN FUND For the Community Development R evolving Loan Fund pro- gram as authorized by 42 U.S.C. 9 8 12, 9822 and 9910, $1,250,000 shall be available until September 30, 2011 for technical assistance to low-income designated credit unions. O FFICE OF G OVERNMENT 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 as authorized by 5 U.S.C. 3109, rental of conference rooms in the District of Columbia and elsewhere, hire of passenger motor vehicles, and not to exceed $1,500 for official reception and represen- tation expenses, $14,000,000. OFFICE OF P ERSONNEL M ANAGEMENT SALARIES AND EXPENSES ( INCLUDING TRANSFER OF TRUST FUNDS ) For necessary expenses to carry out functions of the Office of Personnel Management pursuant to Reorganization Plan Num- bered 2 of 1978 and the Civil Service Reform Act of 1978, including services as authorized by 5 U.S.C. 3109 medical examinations performed for veterans by private physicians on a fee basis; rental of conference rooms in the District of Columbia and elsewhere; hire of passenger motor vehicles; not to exceed $2,500 for official reception and representation expenses; advances for reimburse- ments to applicable funds of the Office of Personnel Management and the Federal B ureau of I nvestigation for expenses incurred under Executive Order No. 10422 of J anuary 9, 1953, as amended; and payment of per diem and / or subsistence allowances to employees where V oting Rights Act activities require an employee


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Page:United States Statutes at Large Volume 123.djvu/3215

 123STA T . 31 95PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 09 toremain o v erni gh tathi s or her p ost o fdu t y,$102 , 97 0,000, of w hi c h$ 5 ,90 8 ,000 sha l l remain availa b le until S eptember 3 0, 2011 for the E nterprise H uman R esources I ntegration pro j ect $1,3 64 ,000 shall remain available until September 30, 2011 for the Human Resources L ine of B usiness project; and in addition $112,738,000 for administrative e x penses, to be transferred from the appropriate trust funds of the O ffice of P ersonnel M anagement without regard to other statutes, including direct procurement of printed materials, for the retirement and insurance programs, of which not more than $9,300,000 shall remain available until September 30, 2011 for the cost of implementing the new integrated financial system and not more than $4,000,000 shall remain available until Sep - tember 30, 2011 for automating the retirement record k eeping sys- tems
 * 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, U nited States C ode: 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 N o . 9358 of J uly 1, 1943, or any successor unit of like purpose: Provided further, That the President ’ s Commis- sion on W hite House F ellows, established by Executive Order No. 11183 of October 3, 1964, may, during fiscal year 2010, accept donations of money, property, and personal services: Provided fur - ther, 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 Commission: Provided further , That within the funds provided, the Office of Personnel Management shall carry out the Intergovernmental Per- sonnel 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 joint explanatory statement. OF F ICE OFI NSP EC T O RG ENER AL SALARIES AN D E X PENSES ( INCL U DING TRANSFER OF TRUST FUNDS ) For necessary expenses of the Office of Inspector G eneral in carrying out the provisions of the Inspector General Act of 1978, including services as authori z ed by 5 U.S.C. 3109, hire of passenger motor vehicles, $3,148,000, and in addition, not to exceed $21,215,000 for administrative expenses to audit, investigate, and provide other oversight of the Office of Personnel Management’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: Provided, That the Inspector General is authorized to rent conference rooms in the D istrict of Columbia and elsewhere.


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Page:United States Statutes at Large Volume 123.djvu/3216

 123STA T . 31 96PUBLIC LA W 111 – 11 7—DE C. 16 , 2 0 09 GOVERNM EN TPAY MENT F OR ANN UI TANT S, EMP L OYEES H EALTH B ENEFITS Forpayment o fG o v ernment c ontr ibu tion sw it h respect to retire d emp l oyees, as authori z ed by chapter 89 of title 5, U nited S tates C ode, and the R etired Federal E mployees H ealth B enefits A ct (74 Stat . 849 ) , such sums as may be necessary. GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE LIFE INSURAN C E For payment of Government contributions with respect to employees retirin g after D ecember 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 AN D DISABILITY FUND For financing the unfunded liability of new and increased annuity benefits becoming effective on or after O ctober 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
 * Provide

d, T hat annuities author - ized by the Act of M ay 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 E X PENSES For necessary e x penses to carry out functions of the Office of Special Counsel pursuant to Reorganization P lan 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 18,495,000. POSTAL REGULATORY COMMISSION SALARIES AND EXPENSES ( INCLUDING TRANSFER OF FUNDS ) For necessary expenses of the Postal Regulatory Commission in carrying out the provisions of the Postal Accountability and Enhancement Act (Public Law 109–435), $14,333,000, to be derived by transfer from the Postal Service Fund and expended as author- ized by section 603(a) of such Act. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD SALARIES AND EXPENSES For necessary expenses of the Privacy and Civil Liberties Over- sight Board, as authorized by section 1061 of the I ntelligence 3 3 USC7 7 6.


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 123STA T . 31 97PUBLIC LA W 111 – 117 —DE C.1 6, 2 0 09 ReformandT error is m P re v en t ion Ac tof 20 0 4(5U.S . C . 6 0 1 note ),$ 1,500,000, to remain avai l a b le u ntil Se p tember 3 0, 2011. S ECURIT IE SANDEX C H AN G EC OM MISSION SA L ARIES AND EX P ENSES F or necessar y e x penses for t h e Securities and Exchan g e Commission, including services as authori z ed by 5 U.S.C. 310 9, the rental of space (to include multiple year leases) in the D istrict of Columbia and else w here, and not to exceed $3,500 for official reception and representation expenses, $1,111,000,000, to remain available until expended of which not less than $4,400,000 shall be for the O ffice of I nspector G eneral; 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 $100,000 shall be available for expenses for consultations and meetings hosted by the Commission with foreign governmental and other regulatory officials, members of their dele - gations, appropriate representatives and staff to exchange views concerning developments relating to securities matters, develop- ment 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 Commission staff and foreign invitees in attendance at such consultations and meetings including (1) such incidental expenses as meals taken in the course of such attendance; (2) any travel and 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 $1,094,915,800 of such offsetting collections shall be available until expended for necessary expenses of this account: Provided further, That $16,084,200 shall be derived from prior year unobligated balances 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 2010 shall be reduced as such offsetting fees are received so as to result in a final total fiscal year 2010 appropria- tion from the general fund estimated at not more than $0. SELECTI V E SERVICE S Y STEM SALARIES AND EXPENSES For necessary expenses of the Selective Service System, including expenses of attendance at meetings and of training for uniformed personnel assigned to the Selective Service System, as authorized by 5 U.S.C. 4101 – 4118 for civilian employees; purchase of uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901–5902; hire of passenger motor vehicles; services as authorized by 5 U.S.C. 3109; and not to exceed $750 for official reception and representation expenses; $24,275,000: Provided, That during the current fiscal year, the President may exempt this appropriation from the provisions of 31 U.S.C. 1341, whenever the President Presid e nt.Ex e mp ti o n au t h orit y .


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 123STA T . 31 98PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 09 de e ms s ucha c tion to b e necessa ry in the interest o f nationa l defense
 * Provide

d fu r th er ,T hat none of the funds a p propriated by this A ctmaybee x pended for or in connection w ith the induction of any person into the Armed F orces of the U nited S tates . S MAL L BUSINE SSA D MINIS TR ATI O N SALARIES AND E XP ENSES For necessary expenses, not otherwise pro v ided for, of the Small Business Administration as authori z ed by P ublic L aw 108–4 4 7, includin g hire of passenger motor vehicles as authorized by 3 1 U.S. C . 1343 and 1344, and not to exceed $ 3, 5 00 for official reception and representation expenses, $433,438,000: 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. 330 2, 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 $113,000,000 shall be available to fund grants for performance in fiscal year 2010 or fiscal year 2011 as authorized by section 21 of the Small Business Act, of which $1,000,000 shall be for the V eterans Assistance and Services Pro- gram authorized by section 21(n) of the Small Business Act, as added by section 107 of Public Law 110–18 6, and of which $1,000,000 shall be for the Small Business E nergy Efficiency Pro- gram authorized by section 1203(c) of Public Law 110–140: Provided further, That $22,000,000 shall remain available until September 30, 2011 for mar k eting, management, and technical assistance under section 7(m) of the Small Business Act (15 U.S.C. 636(m)(4)) by intermediaries that make microloans under the microloan pro- gram: Provided further, That during fiscal year 2010, the applicable percentage under section 7(m)(4)(A) of the Small Business Act shall be 50 percent: Provided further , That $11,6 9 0,500 shall be available for the Loan M odernization and Accounting System, to be available until September 30, 2011: Provided further, That $2,000,000 shall be for the Federal and State Technology Partnership Program under section 34 of the Small Business Act (15 U.S.C. 657d). O F FI C E 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, $16,300,000. SURET YB OND GUARANTEES RE V OLVING FUND For additional capital for the Surety Bond Guarantees R evolving Fund, authorized by the Small Business Investment Act of 1958, $1,000,000, to remain available until expended. Mil i tary i nduc ti o n .


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 123STA T . 31 9 9 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 09 BUSINE SS LOA NS PR O G RA M A C COUN T( INCLU D ING TRANS F ER OF FUNDS )Forthec o s to fdi rect l o an s ,$3, 0 00,000, to re m ain a v aila b le u ntil e xp ended, and for the cost of g uaranteed loans as authori z ed b y section 7( a ) of the S mall B usiness A ct, $ 8 0,000,000, to remain available until expended
 * Provide

d, T hat such costs, including the cost of modifying such loans, shall be as defined in section 5 0 2 of the C ongressional Budget Act of 19 7 4
 * Provided

fu r th er, That sub j ect to section 502 of the Congressional Budget Act of 1974, during fiscal year 2010 commitments to guarantee loans under section 503 of the Small Business I nvestment Act of 1958 shall not exceed $7,500,000,000: Provided further, That during fiscal year 2010 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 2010 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 2010, 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, $153,000,000, w hich may be transferred to and merged with the appropriations for Salaries and E xpenses. DISASTER LOANS PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) For the cost of guaranteed loans, including the cost of modifying such loans as defined in section 502 of the Congressional Budget Act of 1974, $1, 6 90,000, to remain available until expended, of which $352,357 is for loan guarantees as authorized by section 42 of the Small Business Act, and $1,337,643 is for loan guarantees as authorized by section 12085 of P ublic L aw 110 – 246. In addition, for administrative expenses to carry out the direct loan program authorized by section 7(b) of the Small Business Act and the guaranteed loan programs authorized by section 42 of the Small Business Act and section 12085 of Public Law 110– 246, $76,588,200, to be available until expended, of which $1,000,000 is for the O ffice of Inspector G eneral of the Small Busi - ness Administration for audits and reviews of disaster loans and the disaster loan programs and shall be transferred to and merged with the appropriations for the Office of Inspector General of which $65,278,200 is for direct administrative expenses of loan ma k ing and servicing to carry out the direct loan program, which may be transferred to and merged with the appropriations for Salaries and Expenses; of which $9,000,000 is for indirect adminis- trative expenses for the direct loan program, which may be trans- ferred to and merged with the appropriations for Salaries and Expenses, and of which $1,310,000 is for administrative expenses to carry out the guaranteed loan programs, which may be trans- ferred to and merged with the appropriations for Salaries and Expenses.


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 123STA T . 32 0 0 PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9ADMIN I STR ATI VEP R O VISIONS — SMA L L BU SINESS ADMINISTRATION ( IN C LUDIN G TRANS F ER OF FUNDS )S EC .520 . Not to exc ee d 5 p e r ce n to fa n y appropr i ation m ade a v ai l a b lefort h ec u rrent fi s cal year for the Small B usiness A dminis - tration in this Act may be transferred bet w een such appropriations , but no such appropriation shall be increased by more than 1 0 percent by any such transfers
 * Provide

d, T hat any transfer pursuant to this para g raph shall be treated as a reprogramming of funds under section 6 0 8 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 2010. SEC. 522. F unds made available under section 525 of P ublic L aw 111 – 8 for the J ackie Joyner- K ersee C enter shall be made available to the I llinois Institute of Independent Colleges and U niversities. SEC. 52 3 . For an additional amount under the heading ‘ ‘Small Business Administration—Salaries and E xpenses ’ ’, $ 5 9 ,000,000, to remain available until September 30, 2011, which shall be for initiatives related to small business development and entrepreneur- ship, including programmatic and construction activities, in the amounts and for the pro j ects specified in the table that appears under the heading ‘‘Administrative Provisions—Small Business Administration’’ in the statement of managers to accompany this Act. UNITED STATES POSTAL SERVICE PA Y MENT TO T H E POSTAL SERVICE FUND For payment to the Postal Service Fund for revenue forgone on free and reduced rate mail, pursuant to subsections ( c ) and (d) of section 2 4 01 of title 39, United States Code, $118,328,000, of which $89,328,000 shall not be available for obligation until O ctober 1, 2010: Provided, That 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 2010. Overs e a sv oting.Bl in dp ersons. D isaster assistan c e. A las k a. N ort h Dakota.


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 123STA T . 32 0 1 PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9OF F ICE OFI NSP EC T O RG ENER AL SALARIES AN D E X PENSES ( INCL U DING TRANSFER OF 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,$24 4, 3 97, 0 00, to b e d erived by transfer fro m the P ostal S ervice Fund and expended as authori z ed by section 6 03 ( b ) (3) of the Postal Accountability and E nhancement Act (Public L a w 109 – 43 5 ) .U NITED STATES T AX C OURT SALARIES AND EXPENSES For necessary expenses, including contract reporting and other services as authorized by 5 U.S.C. 3109, $49,241,000
 * Provide

d, That travel expenses of the j udges shall be paid upon the written certificate of the judge. TITLE V I GE N E R AL PROVISIONS — T H IS ACT SEC. 601. None of the funds in this Act shall be used for the planning or execution of any program to pay the expenses of, or otherwise compensate, non - Federal parties intervening in regulatory or adjudicatory proceedings funded in this Act. SEC. 602. None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, unless expressly so provided herein. SEC. 603. The expenditure of any appropriation under this Act for any consulting service through procurement contract pursu- ant to 5 U.S.C. 3109, 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. 604. 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 307 of the Tariff Act of 1930 (19 U.S.C. 1307). SEC. 606. No funds appropriated pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with the 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 Contrac t s.


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 123STA T . 32 0 2 PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9tha tha sbe e nco n vi cte d o f vio l atin g the BuyAm e r ican Act (41U.S . C .1 0 a – 10c ) . S EC. 6 0 8 . Ex ce p t as other w ise 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 2 010, or pro - vided from any accounts in the T reasury 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, pro j ect, 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 the Committee on Appropriations of either the H ouse of R epresentatives or the Senate for a different purpose; ( 5 ) aug- ments existing programs, projects, or activities in excess of $ 5,000,000 or 10 percent, whichever is less; (6) reduces existing programs, projects, or activities by $5,000,000 or 10 percent, which- ever is less; or ( 7 ) creates or reorgani z es offices, programs, or activities unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate: Provide d, That prior to any significant reorganization or restruc- turing of offices, programs, or activities, each agency or entity funded in this Act shall consult with the Committees on Appropria- tions of the House of Representatives 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 by this Act shall submit a report to the Committees on Appropriations of the House of Representa- tives and the Senate to establish the baseline for application of reprogramming and transfer authorities 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, adjustments 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 appendix for the respective appropriation; and (3) an identification of items of special congressional interest: Provided further, That the amount appropriated or limited for salaries and expenses for an agency shall be reduced by $100,000 per day for each day after the required date that the report has not been submitted to the Congress. SEC. 60 9 . Except as otherwise specifically provided by law, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2010 from appropriations made available for salaries and expenses for fiscal year 2010 in this Act, shall remain available through September 30, 2011, 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 Bureau of I nvestigation any official bac k ground inves- tigation report on any individual, except when —Expenditur e re q ue s t .F ines. R ep o rts. D e a d l ine. Reports.


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 123STA T . 32 0 3 PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9(1)suchind i v idu al has g iv e n his or her e xp ress w ri t ten consent f or such re q uest not m ore than 6 months prior to the date of such request and during the same presidential administration or ( 2 ) such request is required due to extraordinar y cir - cumstances involving national security .SEC . 611. T he cost accounting standards promulgated under section 26 of the O ffice of F ederal P rocurement Policy A ct (Pu b lic L aw 93–40 0; 41 U .S. C . 422) shall not apply with respect to a contract under the Federal E mployees H ealth B enefits 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 utili z e (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. N o funds appropriated by this Act shall be available to pay for an abortion, or the administrative expenses in connection with any health plan under the Federal employees health benefits program which provides any benefits or coverage for abortions. SEC. 614. The provision of section 613 shall not apply where the life of the mother would be endangered if the fetus were carried to term, or the pregnancy is the result of an act of rape or incest. SEC. 615. 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 Buy American Act (41 U.S.C. 10a et seq.), 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(12) of the Office of Federal Procure- ment Policy Act (41 U.S.C. 403(12)). SEC. 616. Notwithstanding 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 expenses 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 organization described in section 501(c)(3) of the Internal R evenue Code of 1986 and exempt from tax under section 501(a) of such Code. SEC. 61 7 . 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 D ecember 31, 2009, including accrued interest, as a result of the assessment of monetary penalties. Funds available for obligation in fiscal year 2010 shall remain available until expended. Aborti o n. Abortion.


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 123STA T . 32 04PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9SEC.618 . Fromtheun o bliga te d balan c e s o fp rior y ear appro - priations made a v ailable for the P rivacy and C ivil L iberties O ver- sight B oard ,$ 1, 50 0,000 are rescinded. SEC. 61 9 . D uring fiscal year 2 010, for purposes of section 908 ( b ) (1) of the T rade Sanctions R eform and Ex port Enhancement A ct of 2000 (22 U .S.C. 7 207(b)(1)), the term ‘ ‘payment of cash in advance ’ ’ shall be interpreted as payment before the transfer of title to, and control of, the exported items to the Cuban purchaser. SEC. 620. (a) Section 101(a)(1) of the Federal and District of Columbia G overnment Real Property Act of 2006 (Public La w 109 –3 96 120 Stat. 2711) is amended to read as follows ‘‘(1) ING ENE RAL . — ‘‘(A) U.S. RE S ER V A TIO N 13 .—On the date on which the District of Columbia conveys to the Administrator of Gen- eral Services all right, title, and interest of the District of Columbia in the property described in subsection (c), the Administrator shall convey to the District of Columbia all right, title, and interest of the United States in U.S. Reservation 13, sub j ect to the conditions described in sub- section (b). ‘‘(B) OL D NAVAL H OS P ITAL.— N ot later than 60 days after the date of the enactment of the Financial Services and General Government Appropriations Act, 2010, the Administrator shall convey to the District of Columbia all right, title, and interest of the United States in Old Naval H ospital.’’. (b) The amendment made by subsection (a) shall ta k e effect as if included in the enactment of the Federal and District of Columbia Government Real Property Act of 2006. SEC. 621. Notwithstanding section 708 of this Act, funds made available to the Commodity Futures Trading Commission and the Securities and Exchange Commission by this or any other Act may be used for the interagency funding and sponsorship of a joint advisory committee to advise on emerging regulatory issues. SEC. 622. Specific projects contained in the report of the Com- mittee on Appropriations of the House of Representatives accom- panying this Act (H. Rept. 111–202) that are considered congres- sional earmarks for purposes of clause 9 of rule X XI of the Rules of the House of Representatives, when intended to be awarded to a for-profit entity, shall be awarded under a full and open competition. TITLE V II GENERAL PROVISIONS—GOVERN M ENT- W IDE DEPART M ENTS, AGENCIES, AND CORPORATIONS SEC. 701. No department, agency, or instrumentality of the United States receiving appropriated funds under this or any other Act for fiscal year 2010 shall obligate or expend any such funds, unless such department, agency, or instrumentality has in place, and will continue to administer in good faith, a written policy designed to ensure that all of its workplaces are free from the illegal use, possession, or distribution of controlled substances (as defined in the Controlled Substances Act (21 U.S.C. 802)) by the Earm ar ks. E f f ectiv e d ate. D ead l i n e. Effective date. 40USC1 01n o te. Definition. C ub a. R escission.


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 123STA T . 32 05PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9of f icersand e mpl o y eesofs u c h depar t ment , a g ency, or instrumen - tality .SEC . 702 . U nless other w ise specifically pro v ided, the ma x imum amount allowa b le during the current fiscal year in accordance with section 16 of the A ct of August 2, 1 94 6 ( 60 Stat. 8 10 ) , 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, T hat 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 E lectric and H ybrid V ehicle R esearch, D evelopment, 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 P ublic L aw 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 G overnment of the United States (including any agency the ma j ority of the stoc k 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 who is lawfully admitted for permanent residence and is seeking citizenship as outlined in 8 U.S.C. 1324b(a)(3)( B ); (3) is a person who is admitted as a refugee under 8 U.S.C. 1157 or is granted asylum under 8 U.S.C. 1158 and has filed a declaration of intention to become a lawful permanent resident and then a citizen when eligible; or (4) is a person who owes allegiance to the United States: Provided, That for purposes of this section, affidavits signed by any such person shall be consid- ered prima facie evidence that the requirements of this section with respect to his or her status are being complied with: Provided further, That any person making 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 existing law: Provided further, That any payment made to any officer or employee contrary to the provisions of this section shall be recoverable in action by the F ederal Government: Provided further, That this section shall not apply to any person who is an officer or employee of the Government of the United States on the date of enactment of this Act, or to international broadcasters employed by the Broad- 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 Penalti e s.Af fi d a v it. 5USC310 1n o te. 31 USC 13 4 3 note.


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 123STA T . 32 06PUBLIC LA W 111 – 11 7—DE C. 16 , 200 9bytheD e par t m e n t of the I nter i or or the US D AF ore s t Ser v i c e p u rsuant to an a g reement w ith another country . S EC. 705 . Appropriations avai l able to any d epartment or agency during the current fiscal year for necessary e x penses , including maintenance or operating expenses, shall also be available for pay - ment to the G eneral 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 P ublic B uildings Act of 19 59 ( 7 3 Stat. 4 79 ) , the Public Buildings Amendments of 197 2 ( 86 Stat. 216), or other applicable law. SEC. 706. In addition to funds provided in this or any other Act, all Federal agencies are authori z ed 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) Ac q uisition, waste reduction and prevention, and recycling programs as described in E xecutive O rder N o. 13423 ( J anuary 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 sub j ect to chapter 91 of title 31, United States C ode, shall be available, in addition to objects for which such funds are otherwise available, for rent in the District of Columbia services in accordance with 5 U.S.C. 3109; and the objects specified under this head, all the provisions of which shall be applicable to the expenditure of such funds unless otherwise specified in the Act by which they are made available: Provide d, T hat in the event any functions budgeted as administrative expenses are subse- quently transferred to or paid from other funds, the limitations on administrative expenses shall be correspondingly reduced. SEC. 708. No part of any appropriation contained in this or any other Act shall be available for interagency financing of boards (except Federal Executive Boards), commissions, councils, 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. 709. None of the funds made available pursuant to the provisions of this Act shall be used to implement, administer, or enforce any regulation which has been disapproved pursuant to a joint resolution duly adopted in accordance with the applicable law of the United States. SEC. 710. (a) Notwithstanding any other provision of law, and except as otherwise provided in this section, no part of any of the funds appropriated for fiscal year 2010, by this or any other Act, may be used to pay any prevailing rate employee described in section 5342(a)(2)(A) of title 5, United States Code — (1) during the period from the date of expiration of the limitation imposed by the comparable section for previous fiscal 5USC 5 34 3 note.Ap p licab ilit y .