H.R.3288 - Consolidated Appropriations Act, 2010111th Congress (2009-2010)
Summary: H.R.3288 — 111th Congress (2009-2010)
Public Law (12/13/2009)
Consolidated Appropriations Act, 2010 - (Sec. 4) Makes the following appropriations for FY2010.Division A: Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2010 - Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2010 - Title I: Department of Transportation - Department of Transportation Appropriations Act, 2010 - Makes appropriations for FY2010 to the Department of Transportation (DOT), including: (1) the Office of the Secretary; (2) the Federal Aviation Administration (FAA); (3) the Federal Highway Administration; (4) the Federal Motor Carrier Safety Administration; (5) the National Highway Traffic Safety Administration (NHTSA); (6) the Federal Railroad Administration (FRA); (7) the Federal Transit Administration (FTA); (8) the Saint Lawrence Seaway Development Corporation; (9) the Maritime Administration; (10) the Pipeline and Hazardous Materials Safety Administration; (11) the Research and Innovative Technology Administration; (12) the Office of Inspector General; and (13) the Surface Transportation Board.
(Sec. 102) Prohibits the obligation or expenditure of funds to establish or implement a program under which essential air service (EAS) communities are required to assume subsidy costs commonly referred to as the EAS local participation program.
(Sec. 103) Authorizes the Secretary of Transportation (Secretary in this title) to engage in activities with states to consider proposals for the reduction of motorcycle fatalities.
(Sec. 105) Authorizes funds provided in this Act to the Office of the Secretary for the Transportation Planning, Research and Development program to be used for the development, coordination, and analysis of data collection procedures and national performance measures.
(Sec. 110) Prohibits the use of funds to compensate more than 600 technical staff-years under the federally funded research and development center contract between the FAA and the Center for Advanced Aviation Systems Development during FY2010.
(Sec. 111) Prohibits the use of funds to pursue or adopt guidelines or regulations requiring airport sponsors to provide to the FAA without cost building construction, maintenance, utilities and expenses, or space in airport sponsor-owned buildings for services relating to air traffic control, air navigation, or weather reporting. Exempts from this prohibition any negotiations between the agency and airport sponsors to achieve agreement on "below-market" rates for these items or to grant assurances that require airport sponsors to provide land without cost to the FAA for air traffic control facilities.
(Sec. 112) Authorizes the FAA Administrator to reimburse amounts made available to credit a certain account to carry out the essential air service program from fees credited to the FAA.
Makes inapplicable to FY2010 certain requirements for the use of fee proceeds for funding for small community air service, especially rural air safety improvement and rural airport projects.
(Sec. 113) Requires that amounts collected for safety-related training and operational services to foreign aviation authorities be credited to the appropriation current at the time of collection, to be merged with and available for the same purposes of such appropriation.
(Sec. 114) Extends through FY2010, and allows the extension until December 31, 2010, of: (1) any aircraft insurance policy; and (2) the waiver of air carrier liability for third party claims arising out of acts of terrorism.
(Sec. 115) Bars the use of funds to change weight restrictions or prior permission rules at Teterboro airport in Teterboro, New Jersey.
(Sec. 116) Prohibits the availability of Airport Improvement Program (AIP) grant funds to a sponsor of a commercial service airport that fails to agree to a request from the Secretary for cost-free space in a non-revenue producing, public use area of the airport to carry out a public service air passenger rights and consumer outreach campaign.
(Sec. 117) Prohibits the availability of funds for paying premium pay (pay for Sunday and holiday work) to a FAA employee unless such employee actually performed work during the time corresponding to such pay.
(Sec. 118) Prohibits the obligation of funds for a FAA employee to purchase a store gift card or gift certificate through use of a government-issued credit card.
(Sec. 119) Requires the Secretary to apportion to sponsors of airports that received scheduled or unscheduled air service from large certified air carriers, and had more than 10,000 passenger boardings in the preceding calendar year, an amount equal to the minimum apportionment for primary and cargo airports for a fiscal year.
(Sec. 120) Prohibits for FY2010 distribution from the obligation limitation for federal-aid highways amounts authorized for specified administrative expenses and programs. Prescribes a formula for determining certain distributions of the obligation limitation. Specifies exceptions from the limitation, as well as its applicability to transportation research programs. Requires redistribution of certain authorized funds. Authorizes the obligation for any other listed project in the same state of obligation authority distributed for specified projects listed in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU).
(Sec. 121) Allows crediting to the federal-aid highways account of funds received by the Bureau of Transportation Statistics from the sale of data products, in order to reimburse the Bureau for necessary expenses incurred.
(Sec. 122) Makes certain appropriations to the Secretary through FY2012 for apportionment to states for the restoration, repair, construction, and other projects eligible under the surface transportation program. Sets the federal share of project costs at 80%.
(Sec. 123) Requires the Secretary to make an informal public notice and comment opportunity before waiving any Buy America requirement for federal-aid highway projects.
(Sec. 124) Prohibits, with specified exceptions, the use of funds to approve or authorize the imposition of a toll on any segment of a federal highway in the state of Texas that: (1) is not tolled; (2) is constructed with federal assistance; and (3) is in actual operation.
(Sec. 125) Deems revisions to certain explanatory statements referenced in Division K of Public Law 110-161 and Division I of Public Law 111-8 with respect to: (1) specified surface transportation project priorities in Maryland and Indiana; and (2) certain Transportation, Community and System Preservation Program transportation improvement projects in Pennsylvania, Indiana, and Illinois.
Deems revisions to explanatory statements in such public laws with respect to: (1) a certain federal lands improvement project in Virginia; (2) certain Interstate Maintenance Discretionary improvement projects in Missouri and West Virginia; (3) Howard County, Iowa, in the Wapsi Great Western Line Trail improvement project; and (4) Highway 169 construction in Humboldt and Webster Counties, Iowa.
(Sec. 126) Amends SAFETEA-LU to revise the item descriptions of specified high priority project authorizations in Rhode Island, Florida, Kansas, and Nevada.
(Sec. 128) Makes an improvement project authorization for the Brentwood Boulevard/SR 4 Improvements, Brentwood, California, available for the John Muir Parkway Project, Brentwood, California.
(Sec. 130) Eliminates the improvement project authorization for the City of Tuscaloosa Downtown Revitalization Project-Greensboro Avenue, Alabama.
(Sec. 135) Subjects funds appropriated or limited in this Act to certain safety examination and other requirements of the Department of Transportation and Related Agencies Appropriations Act, 2002 and the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 relating to Mexico-domiciled motor carriers involved in cross-border trucking between the United States and Mexico, including an annual report on the subject by the Secretary of Transportation to the congressional appropriations committees.
(Sec. 140) Makes certain additional funds available to NHTSA to pay for: (1) travel and related expenses for state management reviews; and (2) core competency development training and related expenses for highway safety staff.
(Sec. 141) States that the limitations set in this Act on obligations for NHTSA programs shall not apply to such obligations for which obligation authority was made available for multiple years in previous public laws, but only to the extent that they have not lapsed or been used.
(Sec. 142) Rescinds specified amounts of unobligated balances in prior appropriations Acts for: (1) transportation operations and research; and (2) highway traffic safety grants.
(Sec. 151) Authorizes the Secretary to purchase promotional items of nominal value for use in public outreach activities to carry out solutions to the railroad grade crossing problem and measures to protect pedestrians in densely populated areas along railroad rights-of-way.
(Sec. 152) Declares that funds provided in this Act for the National Railroad Passenger Corporation (Amtrak) shall immediately cease to be available to the Corporation in the event that the Corporation contracts to have services provided at or from any location outside the United States. Defines any such service as one that was, as of July 1, 2006, performed by a full-time or part-time Amtrak employee whose base of employment is located within the United States.
(Sec. 153) Authorizes the Secretary to receive and expend cash, or receive and utilize spare parts and similar items, from non-U.S. Government sources to repair damages to or replace U.S. Government-owned automated track inspection cars and equipment as a result of third party liability for such damages. Requires any amounts so collected to be credited directly to the FRA Safety and Operations account, and remain available until expended for the repair, operation and maintenance of automated track inspection cars and equipment in connection with the automated track inspection program.
(Sec. 154) Requires the FRA Administrator to report quarterly to the congressional appropriations committees on efforts at improving the on-time performance of Amtrak intercity rail service operating on non-Amtrak owned property.
(Sec. 155) Deems revisions to certain explanatory statements referenced in Division K of Public Law 110-161 and Division I of Public Law 111-8 with respect to: (1) a specified railroad research and development project in California; and (2) a certain rail line relocation and improvement program project in New York.
(Sec. 157) Declares that certain funds provided by the Omnibus Appropriations Act, 2009 for Lincoln Avenue Grade Separation, Port of Tacoma, Washington, shall be made available for this project as described in that Act.
(Sec. 158) Authorizes the Administrator of FRA, in cooperation with the Illinois Department of Transportation (IDOT), to provide technical and financial assistance to IDOT and local and county officials to study the feasibility of 10th Street (or other alternatives) in Springfield, Illinois, as a route for consolidated freight rail operations and/or combined freight and passenger rail operations within such city.
(Sec. 159) Directs Amtrak to report to Congress: (1) a comprehensive, system-wide, security evaluation of Amtrak; and (2) proposed guidance and procedures necessary for Amtrak to implement a new checked firearms program.
(Sec. 160) States that the limitations on obligations for the programs of the FTA shall not apply to any grant or other authority previously made available for obligation.
(Sec. 161) Declares that funds appropriated by this Act for specified FTA capital investment grants and bus and bus facilities projects which are not obligated by September 30, 2012, and other recoveries, shall be directed to projects eligible to use the funds for the purposes for which they were originally provided.
(Sec. 162) Authorizes certain transfers of any public transportation funds appropriated before October 1, 2009, that remain available for expenditure.
(Sec. 163) Authorizes the use of unobligated FTA capital investment grants funds for new fixed guideway systems projects.
(Sec. 164) Requires each FTA bus acquisition or rehabilitation grant to be funded during FY2010 for 90% of the net capital cost of a biodiesel bus or a factory-installed or retrofitted hybrid electric propulsion system and any related equipment.
(Sec. 165) Requires unobligated funds or recoveries under capital investment grants for new fixed guideway capital projects that are available to the Secretary of Transportation for reallocation to be directed to projects eligible to use the funds for the purposes for which they were originally provided.
(Sec. 166) Deems revisions to certain explanatory statements referenced in Division K of Public Law 110-161 and Division I of Public Law 111-8 with respect to: (1) a specified bus and bus facilities improvement project in Florida; and (2) a certain FTA formula and bus grant alternative analysis with respect to New Jersey.
Makes unexpended funds under the Department of Transportation Appropriations Acts for Fiscal Years 2004, 2005, and 2008 for the Phoenix/Regional Heavy Maintenance Facility, Phoenix Dial-a-Ride facility, and the Phoenix Regional Heavy Bus Maintenance Facility in Arizona available to the East Baseline Park-and-Ride Facility in Phoenix, Arizona.
(Sec. 167) Authorizes the use of FTA funds made available for Alaska or Hawaii ferry boats or ferry terminal facilities to construct new vessels and facilities, or to improve existing ones, including both passenger and vehicle-related elements, and for repair facilities. Earmarks a certain amount of funds for use by the City and County of Honolulu to operate a passenger ferry boat service demonstration project to test the viability of different intra-island ferry boat routes and technologies.
(Sec. 168) Requires the Secretary, in determining the local share of costs of the Woodward Corridor, Detroit, Michigan, for the rating process for New Starts projects, to consider any portion of the corridor advanced entirely with non-federal funds.
(Sec. 169) Requires the Secretary to provide Congress: (1) recommendations on how to strengthen DOT's role in regulating the safety of transit agencies operating heavy rail on fixed guideways; and (2) a plan for their implementation.
(Sec. 170) Prohibits the Secretary from reallocating funding made available for certain bus and bus-related facilities projects in Connecticut.
(Sec. 172) Prohibits the use of funds provided or limited under this Act to enforce federal charter bus service regulations against any transit agency that during FY2008 was both initially granted a 60-day period to comply with such regulations, and then subsequently granted an exception from them.
(Sec. 176) Requires fees charged a Midshipman for tuition, room, or board for attendance at the United States Merchant Marine Academy to be credited to the Maritime Administration's Operations and Training appropriation. Authorizes refunds to Midshipmen of any fees in excess of actual expenses.
(Sec. 182) Prohibits the availability of the funds in this Act for salaries and expenses of more than 110 political and presidential appointees in the DOT. Prohibits any assignment on temporary detail outside the DOT of any of such appointees.
(Sec. 183) Prohibits the use of funds in this Act to implement establishment in the DOT of a National Highway Safety Advisory Committee.
(Sec. 184) Prohibits any recipient of funds made available in this Act from disseminating personal information obtained by a state department of motor vehicles in connection with a motor vehicle record, except as permitted under specified federal criminal law.
Prohibits the Secretary, however, from withholding funds provided in this Act for any grantee if a state fails to comply with this prohibition.
(Sec. 187) Authorizes the Secretary to allow the issuer of any preferred stock heretofore sold to the DOT to redeem or repurchase it upon the payment to the Department of an amount the Secretary determines.
(Sec. 188) Requires the Secretary to notify the congressional appropriations committees at least three full business days before announcing any discretionary grant award, letter of intent, or full funding grant agreement totaling $1 million or more from certain grant programs, including the federal highway emergency relief program, the FAA airport improvement program, any FRA grant, or any FTA program other than the formula grants and fixed guideway modernization programs.
(Sec. 190) Specifies the use of recovered funds that represent improper payments by the DOT to a third party contractor under a financial assistance award.
(Sec. 192) Prohibits the use of funds by the Surface Transportation Board to charge or collect any filing fee for rate complaints filed with the Board in an amount in excess of that authorized for district court civil suit filing fees under the federal judicial code.
(Sec. 193) Authorizes the DOT's Working Capital fund to provide advanced payments to vendors to carry out the federal transit pass transportation fringe benefit program for federal employees.
(Sec. 194) Extends to all portions of the Interstate Highway System in the state of Maine, for one year after enactment of this Act, the application of Maine vehicle weight limit laws and regulations in effect on October 1, 1995, in lieu of federal vehicle weight limits. Declares that, at the end of such period, application of state vehicle weight limits shall revert from all portions of the Interstate Highway System to only those portions of the Maine Turnpike to which such weight limits currently apply.
Establishes a pilot program to extend to Interstate Routes 89, 91, and 93 in the state of Vermont, for one year after enactment of this Act, the application of Vermont vehicle weight limit laws and regulations in lieu of federal vehicle weight limits. Requires the Secretary to report to Congress on the effects of the pilot program on highway safety, bridge and road durability, commerce, truck volumes, and energy use within the state.
(Sec. 195) Directs the Secretary to initiate an independent and comprehensive study and analysis of the Missouri River Projects to supplement a specified study already authorized. Requires DOT to develop, in the supplemental study, a comprehensive understanding of the full value of river flow support to users in the Mississippi and Missouri Rivers.
(Sec. 196) Requires certain funds for the Las Vegas, Nevada Monorail Project, the North Las Vegas Intermodal Transit Hub, and the CATRAIL RTC Rail Project, Nevada, as well as unexpended funds in the FTA grant numbers NV-03-0024 and NV-03-0027, to be made available until expended to the regional Transportation Commission of Southern Nevada for bus and bus-related projects and bus rapid transit projects.
Title II: Department of Housing and Urban Development - Department of Housing and Urban Development Appropriations Act, 2010 - Makes appropriations for FY2010 to the Department of Housing and Urban Development (HUD) for: (1) administration, operations, and management; (2) the Office of Public and Indian Housing; (3) the Office of Community Planning and Development; (4) the Office of Housing and the Federal Housing Administration (FHA); (5) the Government National Mortgage Association (Ginnie Mae); (6) Office of Policy Development and Research; (7) Office of Fair Housing and Equal Opportunity; (8) the Office of Healthy Homes and Lead Hazard Control; and (9) the Office of Inspector General.
(Sec. 201) Requires rescission of 50% of the amounts of budget authority (or in lieu thereof remittance to the Treasury of 50% of the associated cash amounts) that are recaptured from certain state-, local-government, or local housing agency-financed projects under the Stewart B. McKinney Homeless Assistance Amendments Act of 1988. Requires such recaptured budget authority or funds, as well as any budget authority or cash recaptured and not rescinded or remitted to the Treasury, to be used by state housing finance agencies or local governments or local housing agencies with projects approved by the Secretary of Housing and Urban Development (HUD) (Secretary in this title) for which settlement occurred after January 1, 1992.
Authorizes the Secretary, all the same, to award up to 15% of the budget authority or cash recaptured and not rescinded or remitted to the Treasury to provide project owners with incentives to refinance their projects at a lower interest rate.
(Sec. 202) Prohibits the use of funds during FY2010 to investigate or prosecute under the Fair Housing Act any otherwise lawful activity engaged in by one or more persons, including the filing or maintaining of a non-frivolous legal action, that is engaged in solely to achieve or prevent action by a government official or entity, or a court of competent jurisdiction.
(Sec. 203) Directs the Secretary to make a grant under certain authority of the AIDS Housing Opportunity Act for any state that: (1) received an allocation in a prior fiscal year; but (2) is not otherwise eligible for an FY2010 allocation because the areas in the state outside of qualifying metropolitan statistical areas do not have the number of cases of acquired immunodeficiency syndrome (AIDS) otherwise required.
Prescribes a formula for the allocation of such grants to Jersey City and Paterson, New Jersey.
(Sec. 204) Requires any grant, cooperative agreement, or other assistance made pursuant to this title to be made on a competitive basis and in accordance with the Department of Housing and Urban Development Reform Act of 1989.
(Sec. 205) Makes certain funds available, without regard to limitations on administrative expenses, for: (1) legal services on a contract or fee basis; and (2) payment for services and facilities of the Federal National Mortgage Association (Fannie Mae), Ginnie Mae, Federal Home Loan Mortgage Corporation (Freddie Mac), the Federal Financing Bank, Federal Reserve banks, Federal Home Loan banks, and any bank insured under the Federal Deposit Insurance Corporation Act.
(Sec. 207) Authorizes any HUD corporations and agencies subject to the Government Corporation Control Act to make expenditures, contracts, and commitments without regard to fiscal year limitations as may be necessary in carrying out the programs set forth in their FY2010 budgets. Limits the use of collections of these corporations and agencies for new loan or mortgage purchase commitments to the extent expressly provided for in this Act, except for their mortgage insurance or guaranty operations, or where loans or mortgage purchases are necessary to protect the financial interest of the U.S. Government
(Sec. 208) Directs the Secretary to report quarterly to the congressional appropriations committees regarding all uncommitted, unobligated, recaptured, and excess funds in each program and activity within HUD jurisdiction, along with additional, updated budget information upon request.
(Sec. 209) Requires the Secretary to: (1) adjust the funds allocated for FY2010 under the AIDS Housing Opportunity Act to Wilmington, Delaware, on behalf of the Wilmington, Delaware-Maryland-New Jersey Metropolitan Division; and (2) allocate a portion to the state of New Jersey according to a specified formula.
Directs the Secretary to allocate to Wake County, North Carolina, certain funds that otherwise would be allocated for FY2010 under such Act to Raleigh, North Carolina, on behalf of the Raleigh-Cary, North Carolina Metropolitan Statistical Area.
Authorizes the Secretary to: (1) adjust FY2010 allocations under such Act, upon the written request of a grant applicant for a formula allocation on behalf of a metropolitan statistical area; and (2) designate the state or states in which the metropolitan statistical area is located as the eligible grantee(s) of the allocation.
(Sec. 210) Requires the President's formal budget request for FY2011 and HUD's congressional budget justifications to use the identical account and subaccount structure provided under this Act.
(Sec. 211) Declares that a public housing agency (PHA) (or other entity) that administers federal housing assistance for the Housing Authority of the county of Los Angeles, California, or the states of Alaska, Iowa, or Mississippi shall not be required to include a resident of public housing or a recipient of section 8 rental assistance (under the United States Housing Act of 1937) on the agency or entity board of directors (or similar governing board), as otherwise required by such Act.
Requires each such PHA (or other entity) that chooses not to include such individuals on its agency or entity board of directors (or similar governing board) to establish an advisory board, which shall meet at least quarterly, consisting of at least six residents of public housing or section 8 rental assistance recipients to provide advice and comment on related issues.
(Sec. 212) Authorizes the Secretary for FY2010-FY2011, subject to specified conditions, to authorize the transfer of some or all project-based assistance, debt and statutorily required low-income and very low-income use restrictions, associated with one or more multifamily housing project to another multifamily housing project or projects.
(Sec. 213) Requires that the funds made available for Native American Housing Block Grants in title III of this Act be allocated to the same recipients that received funds in FY2005.
(Sec. 214) Prohibits the use of funds provided under this title for an audit of Ginnie Mae that applies certain requirements under the Federal Credit Reform Act of 1990.
(Sec. 215) Prohibits any section 8 rental assistance to any individual who: (1) is enrolled as a student at an institution of higher education; (2) is under age 24; (3) is not a veteran; (4) is unmarried; (5) does not have a dependent child; (6) is not a person with disabilities, and was not receiving section 8 assistance as of November 30, 2005; and (7) is not otherwise individually eligible, or has parents who, individually or jointly, are not eligible, to receive such assistance.
Declares that, for section 8 rental assistance eligibility purposes, any financial assistance (in excess of amounts received for tuition) that an individual receives under the Higher Education Act of 1965, from private sources, or an institution of higher education shall be considered income to that individual, except for a person over age 23 with dependent children.
(Sec. 216) Authorizes the Secretary through FY2010 to insure, and enter into commitments to insure, home equity conversion mortgages (HECMs) for elderly homeowners.
(Sec. 217) Requires the Secretary during FY2010, in managing and disposing of any multifamily property that is owned or held by HUD, to maintain any section 8 rental assistance payments attached to any dwelling units in the property. Authorizes the Secretary, however, to the extent that such a multifamily property is not feasible for continued section 8 payments, based on consideration of the costs of rehabilitating and operating the property and environmental conditions that cannot be remedied in a cost-effective fashion, to contract, in consultation with the property tenants, for project-based rental assistance payments with an owner or owners of other existing housing properties, or provide other rental assistance.
Requires the Secretary also to take steps to ensure that project-based contracts remain in effect before foreclosure, subject to the exercise of contractual abatement remedies to assist relocation of tenants for imminent major threats to health and safety.
(Sec. 218) States that, during FY2010, a family residing in an assisted living facility in any county of Michigan with a section 8 rental assistance demonstration program for such facilities, and on behalf of which a PHA provides such assistance, may be required, when the family initially receives the assistance, to pay rent in an amount exceeding 40% of the family's monthly adjusted income by any percentage or amount the Secretary determines appropriate.
(Sec. 219) Requires the Secretary to report quarterly to congressional appropriations committees on HUD's use of all sole source contracts.
(Sec. 220) Authorizes any recipient after December 26, 2000, of a grant for conversion of elderly housing to assisted living facilities, at its option, to: (1) establish a single-asset nonprofit entity to own the project; and (2) lend the grant funds to such entity, which may be a for-profit limited partnership the sole general partner of which is a private nonprofit organization meeting specified requirements, or a corporation wholly owned and controlled by such a private nonprofit organization.
(Sec. 221) Authorizes the use of Community Development Loan Guarantee funds to guarantee, or make commitments to guarantee, notes or other obligations issued by any state on behalf of its non-entitlement communities.
(Sec. 222) Amends the United States Housing Act of 1937 to extend through FY2010 the authorization of appropriations for demolition, site revitalization, replacement housing, and tenant-based assistance project grants to PHAs.
(Sec. 223) Authorizes PHAs that own and operate 400 or fewer public housing units to elect to be exempt from any asset management requirement imposed by the Secretary in connection with the operating fund rule.
Prohibits exemption from such rule, however, for an agency seeking a discontinuance of a reduction of subsidy under the operating fund formula.
(Sec. 224) Prohibits the Secretary, with respect to the use of funds for the operation, capital improvement, and management of public housing authorized by the United States Housing Act of 1937, from imposing any asset management requirement or guideline that restricts or limits in any way the use of capital funds for central office costs.
Prohibits a PHA, however, from using capital funds authorized for eligible operation and management activities with operating funds in excess of specified permitted amounts.
(Sec. 225) Prohibits designation of a HUD official or employee as an allotment holder unless he or she has: (1) implemented an adequate system of funds control; and (2) received training in funds control procedures and directives.
(Sec. 226) Requires the Secretary to report quarterly to congressional appropriations committees on the status of all section 8 project-based housing, including the number of all project-based units by region as well as an analysis of all federally subsidized housing being refinanced under the Mark-to-Market program.
(Sec. 227) Requires: (1) payment of attorney fees in program-related litigation from individual program office personnel benefits and compensation funding; and (2) the annual budget submission for such funding to include the payment as a separate line item request.
(Sec. 228) Requires the Secretary for FY2010 and thereafter to notify the public through the Federal Register and other appropriate means of the issuance of a notice of the availability of assistance or notice of funding availability (NOFA) for any program or discretionary fund that is to be awarded competitively.
Authorizes the Secretary for such period to make the NOFA available only on the Internet at the appropriate government website(s) or through other electronic media.
(Sec. 229) Revises requirements for prepayment of a loan providing HUD assistance for supportive housing for the elderly under the Housing Act of 1959 (as in effect before the enactment of the Cranston-Gonzalez National Affordable Housing Act).
Allows prepayment of such a loan to involve refinancing if it results in: (1) a lower interest rate on the project's loan principal and in reductions in debt service related to such loan; or (2) in the case of certain HUD assisted projects providing supportive housing for the elderly, a transaction in which the project owner will address the physical needs of the project.
Sets forth other requirements governing such transaction, including authorizing the project owner to charge tenants rent sufficient to meet debt service payments and operating cost requirements approved by the Secretary.
(Sec. 230) Prohibits the availability to any homeless group of designated surplus federal property unless the group is a member in good standing under any of HUD's homeless assistance programs or is in good standing with any other program receiving federal or state funds.
Allows an exception to this requirement for an entity not involved with federal homeless programs if it meets specified financial, track record, and property management requirements.
Permits the Secretary to rely on the entity's prior demonstrated fundraising ability or commitments for in-kind donations of goods and services.
(Sec. 231) Authorizes the Secretary to transfer up to 5% of funds appropriated for any account under this title for Personnel Compensation and Benefits to any other account for such purposes, subject to approval by the congressional appropriations committees. Prohibits an appropriation for any such account from being increased or reduced by more than 10% by all such transfers.
(Sec. 232) Authorizes the Secretary to increase the number of Moving-to-Work agencies authorized under title II of the Departments of Veterans Affairs and Housing and Urban Development and Independent Agencies Appropriations Act, 1996 by adding to the program three PHAs that: (1) are High Performing Agencies under the Public Housing Assessment System (PHAS); and (2) administer no more than 5,000 aggregate housing vouchers and public housing units.
(Sec. 233) Requires the Secretary, during FY2010, to consider, but not be limited to, industry standard appraisal practices in determining the market value of any multifamily real property or loan for any noncompetitive sale to a state or local government.
(Sec. 234) Considers the HUD-administered Disaster Housing Assistance Programs as a HUD program under the McKinney Act for income verifications and matching purposes.
(Sec. 235) Requires the Secretary to prepare a report, and post it on HUD's website, regarding the number of HUD-owned homes and the budget impact of acquiring, maintaining, and selling them.
(Sec 236) Amends chapter 10 of title I of division B of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 to prohibit amounts under "Community Development Fund" for disaster relief from being used by a state or locality as a matching requirement, share, or contribution for any other federal program.
Title III: Related Agencies - Makes appropriations for FY2010 to: (1) the Access Board; (2) the Federal Maritime Commission; (3) the Office of Inspector General for the National Railroad Passenger Corporation (Amtrak); (4) the National Transportation Safety Board; (5) the Neighborhood Reinvestment Corporation; and (6) the U.S. Interagency Council on Homelessness.
Title IV: General Provisions (This Act) - Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.
(Sec. 401) Requires any sums necessary for FY2010 pay raises for programs funded in this Act to be absorbed within the levels appropriated in this or previous appropriations Acts.
(Sec. 402) Prohibits the use of funds for the planning or execution of any program to pay the expenses of, or otherwise compensate, nonfederal parties intervening in regulatory or adjudicatory proceedings funded in this Act.
(Sec. 407) Requires all federal agencies and departments funded by this Act to report by July 30, 2010, to the congressional appropriations committees on all sole source contracts.
(Sec. 409) Prohibits the use of funds to support any federal, state, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use.
(Sec. 410) Prohibits the transfer of funds to any federal department, agency, or instrumentality, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act.
(Sec. 411) Prohibits payment of the salary from any appropriation under this Act for any person filling a position (other than temporary) formerly held by an employee who has: (1) left to enter the U.S. Armed Forces; (2) satisfactorily completed his or her period of active military or naval service; (3) within 90 days after release from such service, or from hospitalization continuing after discharge for up to one year, applied for restoration to his former position; and (4) been certified by the Office of Personnel Management (OPM) as still qualified to perform the duties of his or her former position, but not been restored to it.
(Sec. 412) Prohibits the expenditure of funds in contravention of the Buy American Act.
(Sec. 413) Prohibits the availability of funds to any person or entity that has been convicted of violating the Buy American Act.
(Sec. 414) Prohibits the use of funds under this Act for first-class airline accommodations in contravention of specified federal regulations.
(Sec. 415) Prohibits the use of funds under this Act to purchase a light bulb for an office building unless it has, to the extent practicable, an Energy Star or Federal Energy Management Program designation.
(Sec. 416) Directs a federal agency that is required to submit a report to the congressional committees on appropriations to post it on the agency's website, unless such posting compromises national security or the report contains proprietary information.
(Sec. 417) Bars the use of funds under this Act to prohibit or restrict the establishment or effectiveness of an occupancy preference for veterans in supportive housing for the elderly that: (1) is provided HUD assistance; and (2) is or would be located on Department of Veterans Affairs (VA) property, or is subject to an enhanced use lease with the VA.
(Sec. 418) Prohibits the provision of any funds made available under this Act or prior Acts to the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries.
(Sec. 419) Requires specific earmarked projects contained in the report of the Committee on Appropriations of the House of Representatives accompanying this Act (H. Rept. 111-218), that are intended for for-profit entities, to be awarded under a full and open competition.Division B: Commerce, Justice, Science, and Related Agencies Appropriations Act, 2010 - Commerce, Justice, Science, and Related Agencies Appropriations Act, 2010 - Makes appropriations for FY2010 for the Departments of Commerce and Justice, for science-related programs, and related agencies.
Title I: Department of Commerce - Department of Commerce Appropriations Act, 2010 - Makes appropriations for the Department of Commerce for FY2010 for: (1) the International Trade Administration; (2) the Bureau of Industry and Security; (3) the Economic Development Administration; (4) the Minority Business Development Agency; (5) economic and statistical analysis programs; (6) the Bureau of the Census; (7) the National Telecommunications and Information Administration, including for grants for public telecommunications facilities, planning, and construction; (8) the United States Patent and Trademark Office (USPTO); (9) the National Institute of Standards and Technology (NIST), including amounts for the Hollings Manufacturing Extension Partnership, the Technology Innovation Program, and the construction of new research facilities; (10) the National Oceanic and Atmospheric Administration (NOAA) for operations, research, and procurement and for acquisition and construction of capital assets; (11) restoration of Pacific salmon populations (12) the Coastal Zone Management Fund; (13) the fisheries finance program account; and (14) departmental management, including for the Office of Inspector General and for the renovation and modernization of the Herbert C. Hoover Building.
(Sec. 105) Adopts provisions of the Consolidated Appropriations Act, 2008 requiring notification to Congress on the GOES-R satellite development program of NOAA.
(Sec. 108) Amends the Emergency Steel Loan Guarantee Act of 1999 to extend through 2010 the authority of the Emergency Steel Loan Guarantee Board to guarantee any loan to a qualified steel company.
Title II: Department of Justice - Department of Justice Appropriations Act, 2010 - Makes appropriations for the Department of Justice (DOJ) for FY2010 for: (1) general administration, including for the National Drug Intelligence Center, information sharing technology, the Integrated Wireless Network supporting federal law enforcement communications, administration of pardon and clemency petitions and immigration-related activities, the Federal Detention Trustee, and the Office of Inspector General; (2) the United States Parole Commission; (3) legal activities, including for reimbursement from the Vaccine Injury Compensation Trust Fund for processing cases under the National Childhood Vaccine Injury Act of 1986, antitrust enforcement, the Offices of the United States Attorneys, the United States Trustee Program, the Foreign Claims Settlement Commission, fees and expenses of witnesses, the Community Relations Service, and the Assets Forfeiture Fund; (4) the United States Marshals Service, including for courthouse security equipment and construction of prisoner holding areas; (5) the National Security Division; (6) interagency crime and drug enforcement; (7) the Federal Bureau of Investigation (FBI); (8) the Drug Enforcement Administration (DEA); (9) the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); (10) the federal prison system, including for the construction of new buildings and facilities and the Federal Prison Industries, Incorporated (subject to certain limitations on administrative expenses); (11) the Office on Violence Against Women for violence against women prevention and prosecution programs; and (12) the Office of Justice Programs, including for state and local law enforcement assistance, the Weed and Seed Program Fund, juvenile justice programs, public safety officers benefits, and community-oriented policing services.
(Sec. 202) Prohibits the use of funds to: (1) pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape; or (2) require any person to perform or facilitate an abortion.
(Sec. 204) Reaffirms the obligation of the Director of the Bureau of Prisons to provide escort services for female inmates to receive abortions outside a federal facility.
(Sec. 206) Authorizes the Attorney General to extend, through FY2011, the Personnel Management Demonstration Project without limitation on the number of employees or positions covered.
(Sec. 207) Extends certain authorities for FBI and DEA undercover investigative operations to ATF.
(Sec. 208) Prohibits: (1) funding to transport a maximum or high security prisoner other than to a prison or facility certified by the Bureau of Prisons as appropriately secure; (2) federal prisons from purchasing cable television services or equipment for use primarily for recreational purposes (allows such services or equipment for inmate training, or for religious or educational programs); (3) the obligation or expenditure of funds for Sentinel or any other major new or enhanced information technology program with estimated development costs over $100 million without certification to the House and Senate Committees on Appropriations that appropriate management and oversight mechanisms are in place and that such programs are compatible with DOJ enterprise architecture; (4) the use of funds for public-private competitions under Office of Management and Budget (OMB) Circular A-76 for work performed by employees of the Bureau of Prisons or of Federal Prison Industries, Incorporated; (5) funding for U.S. attorneys who are assigned dual or additional responsibilities by the Attorney General that exempt such attorneys from applicable residency requirements; and (6) funding for future phases of the FBI's Sentinel program until the Attorney General certifies to the House and Senate Committees on Appropriations that existing phases of such program have been substantially completed under a specified performance measurement baseline.
(Sec. 219) Allows the FBI to pay cash awards to employees who maintain proficiency in foreign languages critical to its mission.
Title III: Science - Science Appropriations Act, 2010 - Makes appropriations for FY2010 for: (1) the Office of Science and Technology Policy; (2) the National Aeronautics and Space Administration (NASA) for science, aeronautics, exploration, space operations, aerospace and aeronautical education research and development activities, construction, and the Office of Inspector General; and (3) the National Science Foundation (NSF) for research, equipment and facilities construction, science and engineering education and human resources programs, the Office of the National Science Board, and the Office of Inspector General.
Title IV: Related Agencies - Makes appropriations for FY2010 for: (1) the Commission on Civil Rights; (2) the Equal Employment Opportunity Commission (EEOC); (3) the International Trade Commission; (4) the Legal Services Corporation; (5) the Marine Mammal Commission; (6) the Office of the United States Trade Representative; and (7) the State Justice Institute.
Title V: General Provisions - (Sec. 501) Sets forth requirements, restrictions, and limitations on the use of funds appropriated by this Act.
(Sec. 506) Prohibits the use of funds to implement, administer, or enforce any EEOC guidelines covering harassment based on religion.
(Sec. 507) Renders any person who mislabels a product sold in or shipped to the United States as "Made in America" ineligible to receive any contract or subcontract funded by this Act.
(Sec. 510) Prohibits the use of funds to promote the sale or export of tobacco or tobacco products or to seek the removal of restrictions on marketing of such products.
(Sec. 511) Prohibits funding for the implementation of: (1) any user fee for background checks under the Brady Handgun Control Act of 1993; and (2) any background check system that does not require and result in the destruction of information submitted by an individual certified as eligible to possess or receive a firearm.
(Sec. 513) Prohibits the use of DOJ funds to discriminate against or denigrate the religious or moral beliefs of students who participate in DOJ programs or of the parents or legal guardians of such students.
(Sec. 518) Prohibits the use of funds to: (1) issue patents on claims directed to or encompassing a human organism; (2) support or justify the use of torture; (3) require licenses for exporting certain firearms to Canada; (4) deny certain import applications regarding curios or relics, firearms, parts, or ammunition; (5) include in any new bilateral or multilateral trade agreement certain language of the United States-Singapore Free Trade Agreement, the United States-Australia Free Trade Agreement, or the United States-Morocco Free Trade Agreement; (6) authorize a national security letter in contravention of statutes authorizing the FBI to issue such letters; (7) purchase first class or premium airline travel in contravention of federal regulations; and (8) pay for the attendance of more than 50 federal employees at any single conference outside the United States.
(Sec. 526) Requires departments, agencies, and commissions funded under this Act to establish and maintain on their Internet websites direct links to their Offices of Inspector General and a mechanism for anonymously reporting waste, fraud, and abuse.
(Sec. 529) Rescinds certain unobligated fund available to DOJ from prior appropriations.
(Sec. 532) Prohibits the use of funds under this or any prior Act to release any individual who was detained at the Guantanamo Bay Naval Station, Cuba, as of June 24, 2009, into the United States or its territories in order to detain or prosecute such individual until 45 days after the President submits a plan to Congress, in classified form, for the proposed disposition of such individuals. Prohibits the transfer or release of such detained individuals to their country of nationality or last habitual residence unless the President submits certain information to Congress, in classified form, at least 15 days prior to such transfer or release.
(Sec. 534) Prohibits funds made available under this Act from being distributed to the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries.
(Sec. 535) Directs the Comptroller General to conduct and report to Congress on an audit of federal funds received by ACORN or any subsidiary or affiliate.
(Sec. 537) Requires the Director of OMB to instruct federal entities receiving funds under this Act to track undisbursed balances in expired grant accounts and include information about such balances in their annual performance plans and reports.Division C: Financial Services and General Government Appropriations Act, 2010 - Financial Services and General Government Appropriations Act, 2010 - Title I: Department of the Treasury - Department of the Treasury Appropriations Act, 2010 - Makes appropriations for FY2010 to the Department of the Treasury for: (1) departmental offices; (2) department-wide systems and capital investments programs; (3) the Office of Inspector General; (4) the Treasury Inspector General for Tax Administration; (5) the Special Inspector General for the Troubled Asset Relief Program (TARP); (6) the Financial Crimes Enforcement Network; (7) the Financial Management Service; (8) the Alcohol and Tobacco Tax and Trade Bureau; (9) the U.S. Mint for the U.S. Mint Public Enterprise Fund; (10) the Bureau of the Public Debt; (11) the Community Development Financial Institutions Fund Program Account; and (12) the Internal Revenue Service (IRS).
Sets forth certain transfers of funds, including a certain rescission of funds from the Treasury Forfeiture Fund.
(Sec. 102) Requires the IRS to maintain a training program for IRS employees in taxpayers' rights, in dealing courteously with taxpayers, and in cross-cultural relations.
(Sec. 104) Makes funds for the IRS under any Act available for improved facilities and increased staffing to provide sufficient and effective 1-800 help line service for taxpayers.
(Sec. 105) Makes specified funds available only for tax enforcement.
(Sec. 106) Prohibits the use of funds to enter into, renew, extend, administer, implement, enforce, or provide oversight of any qualified tax collection contract.
(Sec. 111) Bars the use of funds to the Department of the Treasury or the Bureau of Engraving and Printing to redesign the $1 Federal Reserve note.
(Sec. 113) Extends from 11 to 12 years the authorization for the personnel management demonstration project for employees who fill critical scientific, technical, engineering, intelligence analyst, language translator, and medical positions in the Bureau of Alcohol, Tobacco and Firearms (ATF).
(Sec. 115) Prohibits the use of funds to merge the U.S. Mint and the Bureau of Engraving and Printing without the approval of specified congressional committees.
(Sec. 116) Deems any funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence activities to be specifically authorized by Congress for purposes of the National Security Act of 1947 during FY2010, until the enactment of the Intelligence Authorization Act for FY2010.
(Sec. 117) Requires up to $5,000 to be made available from the Bureau of Engraving and Printing's Industrial Revolving Fund for necessary official reception and representation expenses.
Title II: Executive Office of the President and Funds Appropriated to the President - Executive Office of the President Appropriations Act, 2010 - Makes appropriations for FY2010 for compensation of the President and designated White House agencies, including: (1) the Council of Economic Advisers; (2) the National Security Council (NSC); (3) the Office of Administration; (4) the Office of Management and Budget (OMB); (5) the Office of National Drug Control Policy; (6) the Counterdrug Technology Assessment Center (CTAC); (7) various other specified federal drug control programs; (8) the Partnership Fund for Program Integrity Innovation; and (9) special assistance to the President and the official residence of the Vice President.
Sets forth certain transfers of funds.
(Sec. 202) Requires the Director of the Office of National Drug Control Policy to report to the congressional appropriations committees, before the initial obligation of more than 20% of funds appropriated for the Office of National Drug Control Policy (except CTAC), a detailed narrative and financial plan on the proposed uses of all such funds by program, project, and activity.
(Sec. 203) Allows the transfer between appropriated programs of up to 2% of any appropriations in this Act made available to the Office of National Drug Control Policy, upon the advance approval of the congressional appropriations committees.
(Sec. 204) Allows the reprogramming within a program, project, or activity of up to $1 million of appropriations available to the Office of National Drug Control Policy, upon the advance approval of the congressional appropriations committees.
Title III: The Judiciary - Judiciary Appropriations Act, 2010 - Makes appropriations to the Judiciary for FY2010 for: (1) the U.S. Supreme Court; (2) the U.S. Court of Appeals for the Federal Circuit; (3) the U.S. Court of International Trade; (4) the courts of appeals, district courts, and other judicial services, including defender services; (5) fees of jurors and commissioners; (6) court security; (7) the Administrative Office of the U.S. Courts; (8) the Federal Judicial Center; (9) judicial retirement funds; and (10) the U.S. Sentencing Commission.
Sets forth certain transfers of funds.
(Sec. 305) Provides for the mandatory or discretionary delegation, in certain circumstances, of the duties and powers of the Administrator of General Services to an appropriate federal agency only (currently, an appropriate executive agency).
(Sec. 306) Requires the U.S. Marshals Service to provide, for a pilot program, specified security services (except investigations) for courthouses which federal law authorizes the DHS to provide.
(Sec. 307) Amends the Judicial Improvement Act of 1990 to prohibit the filling of: (1) the first vacancy in the office of district judge in the district of Kansas occurring 19 (currently, 18) years or more after the confirmation date of the judge named to fill the temporary judgeship; (2) the first vacancy in such office in the northern district of Ohio occurring 19 (currently, 18) years or more after such confirmation date; and (3) the first vacancy in such office in the district of Hawaii occurring 16 (currently, 15) years or more after such confirmation date. (In effect lengthens to 19 and 16 years, as appropriate, the period of the respective temporary judgeship in such districts.)
Title IV: District of Columbia - District of Columbia Appropriations Act, 2010 - Makes appropriations to the District of Columbia for FY2010, including amounts for the federal payments: (1) for District of Columbia resident tuition support; (2) for emergency planning and security costs in the District; (3) to District of Columbia Courts; (4) for defender services in District of Columbia Courts; (5) to the Court Services and Offender Supervision Agency for the District of Columbia; (6) to the District of Columbia Public Defender Service; (7) to the D.C. Water and Sewer Authority; (8) to the Criminal Justice Coordinating Council; (9) to the Commission on Judicial Disabilities and Tenure; (10) for the Judicial Nomination Commission; (11) to the Office of Chief Financial Officer of the District; (12) for school improvement; (13) for a consolidated laboratory facility; (14) for the D.C. National Guard; (15) for housing for the homeless; and (16) for youth services.
Requires certain funds appropriated for operating expenses to be subject to the provisions of, allocated, and expended as proposed under Title III of the Fiscal Year 2010 Budget Request Act at the rate set forth under "District of Columbia Funds Division of Expenses" of the Fiscal Year 2010 Proposed Budget and Financial Plan submitted to Congress by the District of Columbia on September 28, 2009.
Title V: Independent Agencies - Makes appropriations for FY2010 for independent agencies, including: (1) the Administrative Conference of the United States; (2) the Christopher Columbus Fellowship Foundation; (3) the Consumer Product Safety Commission (CPSC); (4) the Election Assistance Commission, election reform programs; (5) the Federal Communication Commission (FCC); (6) the Federal Deposit Insurance Corporation (FDIC), for its Office of Inspector General; (7) the Federal Election Commission (FEC); (8) the Federal Labor Relations Authority (FLRA); (9) the Federal Trade Commission (FTC); (10) the General Services Administration (GSA); (11) government-wide policy and operating expenses; (12) the GSA Office of Inspector General; (13) the Electronic Government Fund; (14) allowances and office staff for former Presidents; (15) the Office of Citizen Services for the Federal Citizen Services Fund; (16) the Harry S Truman Scholarship Foundation; (17) the Merit Systems Protection Board; (18) Morris K. Udall and Stewart L. Udall Foundation; (19) the Environmental Dispute Resolution Fund; (20) the National Archives and Records Administration, including the Office of Inspector General; (21) the National Historic Publications and Records Commission Grants Program; (22) the National Credit Union Administration (NCUA); (23) the Credit Union Community Development Revolving Loan Fund; (24) the Office of Government Ethics; (25) the Office of Personnel Management (OPM), including the Office of Inspector General; (26) the government payment for annuitants, employee health benefits, employee life insurance, and the Civil Service Retirement and Disability Fund; (27) the Office of Special Counsel; (28) the Postal Regulatory Commission; (29) the Privacy and Civil Liberties Oversight Board; (30) the Securities and Exchange Commission (SEC); (31) the Selective Service System; (32) the Small Business Administration (SBA), including the Office of Inspector General; (33) the U.S. Postal Service, including the Office of Inspector General; and (34) the U.S. Tax Court.
Sets forth certain transfers of funds.
(Sec. 501) Amends the Universal Service Antideficiency Temporary Suspension Act to extend through December 31, 2010, the prohibition on applying certain requirements relating to limitations on expending, obligating, or apportioning appropriations to the collection or receipt of federal universal (telecommunications) service contributions or their expenditure or obligation for universal service support programs.
(Sec. 502) Prohibits the use of funds by the FCC to modify, amend, or change its rules or regulations for universal service support payments to implement the February 27, 2004, recommendations of the Federal-State Joint Board on Universal Service regarding single connection or primary line restrictions on universal service support payments.
(Sec. 515) Provides that, if specified congressional committees adopt a resolution granting lease authority pursuant to a specified GSA prospectus, then GSA shall ensure that the delineated area of procurement is identical to the delineated area included in the prospectus for all lease agreements. Requires GSA, if it determines that such area should not be identical to the one included in such prospectus, to provide an explanatory statement to each of such committees and the congressional appropriations committees before exercising such lease authority.
(Sec. 516) Authorizes GSA to provide for the use of its federal supply schedules by relief and disaster assistance organizations described in the Robert T. Stafford Disaster Relief and Emergency Assistance Act. Limits such purchases to use in preparation for, response to, and recovery from hazards.
(Sec. 521) Requires all disaster loans issued in Alaska or North Dakota to be administered by SBA. Prohibits the sale of such loans during FY2010.
(Sec. 522) Requires funds made available under the Omnibus Appropriations Act, 2009 for the Jackie Joyner-Kersee Center to be available to the Illinois Institute of Independent Colleges and Universities.
Title VI: General Provisions (This Act) - Sets forth permissions for and restrictions upon the use of funds under this Act.
(Sec. 606) Prohibits the expenditure of funds under this Act by an entity unless it agrees that such expenditure will comply with the Buy American Act.
(Sec. 607) Prohibits the availability of funds under this Act to any person or entity that has been convicted of violating the Buy American Act.
(Sec. 610) Prohibits the availability of funds under this Act for use by the Executive Office of the President to request from the Federal Bureau of Investigation (FBI) any official background investigation report on any individual, except when: (1) such individual has given his or her express written consent for such request within six months before the date of the request and during the same presidential administration; or (2) the request is required due to extraordinary circumstances involving national security.
(Sec. 611) Makes certain cost accounting standards promulgated under the Office of Federal Procurement Policy Act inapplicable to a federal employees health benefits program contract.
(Sec. 612) Authorizes OPM to accept and utilize (without regard to any restriction on unanticipated travel expenses) funds made available to OPM pursuant to court approval for resolving litigation and implementing any settlement agreements regarding the nonforeign area cost-of-living allowance program.
(Sec. 613) Prohibits the availability of funds appropriated by this Act to pay for an abortion, or the administrative expenses in connection with any health plan under the federal employees health benefits program (FEHBP) which provides any benefits or coverage for abortions, unless the life of the mother would be endangered if the fetus were carried to term, or the pregnancy is the result of an act of rape or incest.
(Sec. 615) Makes the restriction on purchasing nondomestic articles, materials, and supplies set forth in the Buy American Act inapplicable to the acquisition by the federal government of commercial information technology.
(Sec. 616) Prohibits an officer or employee of any regulatory agency or commission funded by this Act from accepting, on behalf of that agency, or the agency or commission from accepting, payment or reimbursement from a nonfederal entity for travel-related expenses to enable an officer or employee to attend and participate in any meeting or similar function relating to official duties, when the entity offering payment or reimbursement is subject to regulation by that agency or commission, or represents that person or entity, unless the person or entity is a nonprofit tax-exempt organization.
(Sec. 617) Grants the Public Company Accounting Oversight Board authority to obligate funds for the Sarbanes-Oxley Act of 2002 merit scholarship program for undergraduate and graduate students enrolled in accredited accounting degree programs, in an aggregate amount not to exceed funds collected by the Board as of December 31, 2009, including accrued interest, as a result of the assessment of monetary penalties.
(Sec. 618) Rescinds specified funds from unobligated balances of prior year appropriations made available for the Privacy and Civil Liberties Oversight Board.
(Sec. 619) Interprets, during FY2010, the term "payment of cash in advance" as payment before the transfer of title to, and control of, the exported items to the Cuban purchaser for purposes of the Trade Sanctions Reform and Export Enhancement Act of 2000.
(Sec. 620) Amends the Federal and District of Columbia Government Real Property Act of 2006 to require GSA, within 60 days after enactment of this Act, to convey the Old Naval Hospital to the District of Columbia.
(Sec. 621) Authorizes the use of funds made available to the Commodity Futures Trading Commission (CFTC) and the SEC for the interagency funding and sponsorship of a joint advisory committee to advise on emerging regulatory issues.
(Sec. 622) Requires a full and open competition for the awarding of specific projects contained in the report of the House Committee on Appropriations accompanying this Act (H. Rept. 111-202) that are considered congressional earmarks for purposes of Rule XXI (Restrictions on Certain Bills) of the Rules of the House of Representatives, when they are intended to be awarded to a for-profit entity.
Title VII: General Provisions Government-Wide - Sets forth requirements for the use of appropriations by designated departments, agencies, and corporations.
(Sec. 701) Sets restrictions upon the use of appropriations by any federal department, agency, or instrumentality unless it has in place, and will continue to administer in good faith, a written policy designed to ensure that all workplaces are free from the illegal use, possession, or distribution of controlled substances by the officers and employees of such department, agency, or instrumentality.
(Sec. 727) Prohibits the use of funds by federal agencies to collect, review, create, or contract for any aggregation of data by any means of any personally identifiable information relating to an individual's access to or use of any federal government or nongovernmental Internet site.
(Sec. 728) Prohibits the use of funds to enter into or renew a contract for a federal employee health plan which includes a provision providing prescription drug coverage, except where the contract also includes a provision for contraceptive coverage. Exempts specified religious plans from such prohibition. Prohibits a federal employee health plan, however, from discriminating against an individual on the basis that the individual refuses to prescribe or otherwise provide for contraceptives because such activities would be contrary to his or her religious beliefs or moral convictions.
(Sec. 729) Recognizes the U.S. Anti-Doping Agency (USADA) as the official anti-doping agency for Olympic, Pan American, and Paralympic sport in the United States.
(Sec. 730) Allows the use of funds appropriated for official travel by federal departments and agencies, if consistent with OMB Circular A-126 regarding official travel for government personnel, to participate in the fractional aircraft ownership pilot program.
(Sec. 731) Bars the use of funds to: (1) implement or enforce restrictions or limitations on the Coast Guard Congressional Fellowship Program; or (2) implement proposed OPM regulations relating to the detail of executive branch employees to the legislative branch.
(Sec. 732) Prohibits an executive branch agency from purchasing, constructing, and/or leasing any additional facilities, except within or contiguous to existing locations, to conduct federal law enforcement training without advance approval of congressional appropriations committees. Authorizes the Federal Law Enforcement Training Center to obtain the temporary use of additional facilities by lease, contract, or other agreement for training which cannot be accommodated in existing Center facilities.
(Sec. 733) Bars the availability of funds, for FY2010, for transfers or reimbursements to the E-Government initiatives sponsored by OMB before 15 days following an OMB report to the congressional appropriations committees and receipt of their approval of such transfer.
(Sec. 734) Requires the head of each appropriate executive department and agency to transfer certain funds to or reimburse the FAA to ensure the uninterrupted, continuous operation by the FAA of the Midway Atoll Airfield for the entirety of FY2010 through the enactment of the Financial Services and General Government Appropriations Act, 2011.
Limits the total funds transferred or reimbursed to $6 million for any 12-month period.
(Sec. 735) Prohibits the use of funds to begin or announce a study or public-private competition regarding the conversion to contractor performance of any function performed by federal employees pursuant to OMB Circular A-76 or any other administrative regulation, directive, or policy.
(Sec. 736) Bars the use of funds by an executive branch agency, unless otherwise authorized by existing law, to produce any prepackaged news story intended for broadcast or distribution in the United States, unless the story includes a clear notification within its text or audio that it was prepared or funded by that agency.
(Sec. 737) Bars the use of funds in contravention of the Privacy Act or regulations concerning protection of privacy and freedom of information.
(Sec. 738) Requires each executive department and agency to evaluate the creditworthiness of an individual before issuing him or her a government travel charge card. Prohibits issuance of such a card, except in specified circumstances, to individuals that either lack a credit history or are found to have an unsatisfactory credit history.
Requires such evaluation to include an assessment of the individual's consumer report from a consumer reporting agency.
(Sec. 739) Requires OMB, in coordination with the governor of each Great Lakes state and the Great Lakes Interagency Task Force, to submit to the appropriate authorizing and appropriating congressional committees an interagency budget crosscut report displaying the budget proposed, including any planned interagency or intra-agency transfer, for each of the federal agencies that carries out Great Lakes restoration activities.
(Sec. 740) Prohibits the use of funds for any federal government contract with any foreign incorporated entity which is treated as an inverted domestic corporation under the Homeland Security Act of 2002, or any subsidiary of such an entity.
Requires any Secretary to waive such prohibition if so required in the interest of national security.
Exempts contracts entered into before the enactment of this Act or task orders issued pursuant to such contracts.
(Sec. 741) Bars the use of funds to implement, administer, enforce, or apply the rule entitled "Competitive Area" published by OPM in the Federal Register on April 15, 2008.
(Sec. 742) Repeals the declaration in the Financial Services and General Government Appropriations Act, 2009 (P.L. 111-8, division D) that Executive Order No. 13423 ("Strengthening Federal Environmental, Energy, and Transportation Management") shall remain in effect except as otherwise provided by law after enactment of the Omnibus Appropriations Act, 2009.
Authorizes the President to modify or replace Executive Order No. 13423 if he determines that a revised or new executive order will achieve equal or better environmental or energy efficiency results.
(Sec. 743) Requires OMB to: (1) develop and disseminate guidance to aid federal departments and agencies in establishing systems for the collection of information required to meet specified service contract inventory requirements and to ensure consistency of inventories across such entities; and (2) report to Congress on the status of efforts to enable them to prepare such inventories.
Requires the head of each federal department or agency, other than DOD, to report annually to OMB an inventory of specified service contracts awarded or extended through the exercise of an option on or after April 1, 2010, for or on behalf of such entity.
(Sec. 744) Requires a pay increase of 1.5% for federal employees, including civilian employees of DOD and DHS for FY2010.
Declares that the overall average percentage of the adjustments taking effect in FY2010 shall be an increase of 0.5% for: (1) the locality-based comparability pay; or (2) if necessary, the alternative level in comparability pay.
(Sec. 745) Revises provisions regarding nonreduction in pay for federal employees while serving in the uniformed services or National Guard. Repeals conditions for determining the period during which such employees are entitled to reemployment rights.
(Sec. 747) Grants a covered dealership that was not lawfully terminated under applicable state law on or before April 29, 2009, the right to seek, through binding arbitration, continuation, or reinstatement of a franchise agreement, or to be added as a franchisee to the dealer network of the covered manufacturer in the geographical area where it was located when its franchise agreement was terminated, not assigned, not renewed, or not continued.
Title VIII: General Provisions (District of Columbia) - Sets forth authorized or prohibited uses of funds appropriated by this Act identical or similar to corresponding provisions of the District of Columbia Appropriations Act, 2009.
(Sec. 804) Prohibits the use of federal funds provided in this Act for publicity or propaganda purposes or implementation of any policy including boycott designed to support or defeat legislation pending before Congress or any state legislature.
Allows the District of Columbia to use local funds provided in this title to carry out lobbying activities on any matter.
(Sec. 809) Prohibits the use of federal funds contained in this Act by the District of Columbia Attorney General or any other officer or entity of the District government to provide assistance for any petition drive or civil action which seeks to require Congress to provide for voting representation in Congress for the District.
Declares that nothing in this section bars the Counsel from reviewing or commenting on briefs in private lawsuits, or from consulting with officials of the District government regarding such lawsuits.
(Sec. 810) Prohibits the use of federal funds contained in this Act to distribute needles or syringes to prevent the spread of blood borne pathogens in locations that have been determined by the local public health or local law enforcement authorities to be inappropriate for such distribution.
(Sec. 811) Provides that nothing in this Act may be construed to prevent the Council or the Mayor from addressing the issue of the provision of contraceptive coverage by health insurance plans. Expresses the intent of Congress that any legislation enacted on such issue should include a "conscience clause" which provides exceptions for religious beliefs and moral convictions.
(Sec. 812) Directs the Mayor of the District of Columbia to report annually to the congressional appropriations committees on: (1) crime; (2) access to substance and alcohol abuse treatment; (3) management of parolees and pretrial violent offenders; (4) education; (5) improvement in basic District services; (6) application for and management of federal grants; (7) indicators of child and family well-being; and (8) employment.
(Sec. 813) Prohibits the use of federal funds contained in this Act to enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act or any tetrahydrocannabinols (THC) derivative.
(Sec. 814) Prohibits the expenditure of federal funds appropriated under this Act for abortions except where the mother's life would be endangered if the fetus were carried to term, or in cases of rape or incest.
(Sec. 817) Allows the transfer of amounts appropriated in this Act as operating funds to the District's enterprise and capital funds. Requires such transferred amounts to retain appropriation authority consistent with this Act.Division D: Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2010 - Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2010 - Title I: Department of Labor - Department of Labor Appropriations Act, 2010 - Makes appropriations for FY2010 to the Department of Labor for: (1) the Employment and Training Administration, including training and employment services; (2) community service employment for older Americans; (3) federal unemployment benefits and allowances; (4) state unemployment insurance and employment service operations; (5) advances to the Unemployment Trust Fund and the Black Lung Disability Trust Fund; (6) employment and training program administration; (7) the Employee Benefits Security Administration; (8) the Pension Benefit Guaranty Corporation; (9) the Employment Standards Administration; (10) certain special benefits, including ones for disabled coal miners; (11) the Energy Employees Occupational Illness Compensation Fund; (12) the Black Lung Disability Trust Fund; (13) the Occupational Safety and Health Administration (OSHA); (14) the Mine Safety and Health Administration; (15) the Bureau of Labor Statistics (BLS); (16) the Office of Disability Employment Policy; (17) departmental management; (18) the Office of Jobs Corps; (19) veterans employment and training; and (20) the Office of Inspector General.
Sets forth authorized uses of, and limitations on, funds and transfers of funds appropriated under this title.
(Sec. 101) Prohibits use of Job Corps funds under this title to pay individual compensation at a rate in excess of Executive Level I.
(Sec. 102) Allows not more than 1% of discretionary funds for the current fiscal year for the Department of Labor in this Act to be transferred between a program, project, or activity. Prohibits any increase of any such program, project, or activity by more than 3% by any such transfer.
(Sec. 103) Prohibits funds under this Act from being obligated or expended to procure goods mined, produced, manufactured, or harvested or services rendered, in whole or in part, by forced or indentured child labor in industries and host countries already identified by the Department of Labor prior to enactment of this Act, in accordance with a specified executive order.
(Sec. 104) Prohibits funds appropriated in this title from being obligated for grants for demonstration and pilot (including dislocated worker demonstration and pilot), multiservice, research, and multistate projects under the Workforce Investment Act before the Secretary of Labor submits to Congress of a plan detailing the uses of such funds.
(Sec. 105) Requires, with a specified exception, that funds made available to the Department of Labor for grants under the American Competitiveness and Workforce Improvement Act of 1998 be used only for the training of foreign workers in the occupations and industries for which such workers were hired under the H-1B visa program.
(Sec. 106) Requires certain Career Pathways Innovation Fund grants and grants for demonstration programs and projects to provide technical skills training for workers to be awarded competitively.
(Sec. 107) Prohibits recipients of employment and training funds from using them to pay the salary and bonuses of an individual at a rate in excess of Executive Level II, with an exception for specified vendors.
(Sec. 108) Directs the Secretary of Labor to submit to the congressional appropriations committees a plan for the transfer of the administration of the Job Corps program from the Office of the Secretary of Labor to the Employment and Training Administration. Authorizes the Secretary to make such transfer 30 days after the submission of the plan.
(Sec. 109) Prohibits the Secretary of Labor from taking any action, with certain exceptions, to amend a specified definition for functions and activities or to modify a certain procedure for redesignation of local areas under the Workforce Investment Act of 1998 until legislation reauthorizing the Act has been enacted.Title II: Department of Health and Human Services - Department of Health and Human Services Appropriations Act, 2010 - Makes appropriations for FY2010 to the Department of Health and Human Services (HHS) for: (1) the Health Resources and Services Administration; (2) the Centers for Disease Control and Prevention (CDC); (3) the National Institutes of Health (NIH); (4) the Substance Abuse and Mental Health Services Administration; (5) the Agency for Healthcare Research and Quality; (6) the Centers for Medicare and Medicaid Services; (7) the Administration for Children and Families; (8) the Administration on Aging; and (9) the Office of the Secretary.
(Sec. 209) Prohibits the use of funds for voluntary family planning projects unless the applicant certifies that it encourages family participation in the decision of minors to seek family planning services and that it provides counseling to minors on how to resist attempts to coerce minors into engaging in sexual activities.
(Sec. 210) Prohibits any provider of voluntary planning services under the Public Health Service Act from being exempt from any state law requiring notifications or the reporting of child abuse, child molestation, sexual abuse, rape, or incest.
(Sec. 211) Prohibits the use of funds to carry out the Medicare Advantage program if the Secretary of Health and Human Services denies participation in such program to an otherwise eligible entity because it will not provide, pay for, provide coverage of, or provide referrals for abortions.
(Sec. 212) Prohibits the use of funds to withhold substance abuse funding from a state that fails to enforce state laws prohibiting the sale of tobacco products to individuals under the age of 18 if such state certifies to the Secretary that it will commit additional funds to ensure compliance with such laws. Sets forth requirements for states that miss the retailer compliance rate goal established by the Secretary.
(Sec. 213) Allows the Secretary to exercise certain authority in order to carry out international health activities during FY2010.
(Sec. 219) Directs the Secretary, by May 1, 2010, to amend regulations governing financial conflicts of interest among extramural investigations receiving grant support from NIH for the purpose of strengthening federal and institutional oversight and identifying enhancements, including requirements for financial disclosure to institutions.Title III: Department of Education - Department of Education Appropriations Act, 2010 - Makes appropriations for FY2010 to the Department of Education for: (1) education for the disadvantaged; (2) impact aid; (3) school improvement programs; (4) Indian education; (5) innovation and improvement activities; (6) safe schools and citizenship education; (7) English language acquisition and language enhancement; (8) special education; (9) rehabilitation services and disability research; (10) special institutions for persons with disabilities, including the American Printing House for the Blind, the National Technical Institute for the Deaf, and Gallaudet University; (11) career, technical, and adult education; (12) certain student financial assistance programs (including deferral of funds), as well as federal administrative expenses for such programs (setting a maximum individual Pell Grant amount); (13) specified higher education programs; (14) Howard University; (15) the college housing and academic facilities loans program; (16) the historically Black college and university capital financing program account; (17) the Institute of Education Sciences; and (18) departmental management, including program administration, the Office for Civil Rights, and the Office of the Inspector General.
Sets the maximum individual Pell Grant amount at $4,860 during award year 2010-2011.
Sets forth authorized uses of, and limitations on, funds appropriated under this title.
(Sec. 301) Prohibits the use of funds to transport teachers or students in order to: (1) overcome racial imbalance in any school; or (2) carry out a racial desegregation plan.
(Sec. 302) Prohibits the use of funds to require, directly or indirectly, the transportation of any student to a school other than the school nearest the student's home, except, for a student requiring special education, to the school offering such special education, in order to comply with title VI of the Civil Rights Act of 1964. Declares that such a prohibited indirect requirement of transportation of students includes the transportation of students to carry out a plan involving the reorganization of the grade structure of schools, the pairing of schools, the clustering of schools, or any combination of grade restructuring, pairing or clustering. Exempts the establishment of magnet schools from such prohibition.
(Sec. 303) Prohibits the use of funds to prevent the implementation of programs of voluntary prayer and meditation in public schools.
(Sec. 304) Allows the transfer between appropriations of not more than 1% of discretionary funds for the current fiscal year for the Department of Education in this Act. Prohibits any increase of any such appropriation by more than 3% by any such transfer.
(Sec. 305) Authorizes the Outlying Areas to consolidate funds received under this Act under part A (Innovative Programs) of title V of the Elementary and Secondary Education Act of 1965.
(Sec. 306) Prohibits funds made available under this title for the development and implementation of performance-based compensation systems for school personnel in high-need schools from being made available for new awards under the Teacher Incentive Fund (which supports such efforts) until an impact evaluation plan is submitted to Congress.
(Sec. 307) Amends the American Recovery and Reinvestment Act of 2009 to alter eligibility requirements for the Innovation Fund program. Makes local educational agencies (LEAs) eligible for program awards if they: (1) make significant progress in closing achievement gaps between specified student groups or increasing the achievement for all of such groups; (2) make significant improvement in other areas; and (3) establish one or more partnerships with the private sector which will provide matching funds to help bring results to scale. Makes partnerships between nonprofits and LEAs or schools eligible for such awards if they significantly improve student achievement, attainment, or retention and demonstrate that they will meet the private sector matching requirement.
(Sec. 308) Amends the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2008 to continue to consider five specified Illinois school districts to be LEAs through FY2011 for purposes of the Impact Aid program, which compensates LEAs, under ESEA, for the financial burden of federal activities affecting their school districts.
Continues to consider federally connected students in such districts to be attending schools in one such district, North Chicago Community Unit School District 187, for the purpose of making that district eligible for Impact Aid. Conditions such treatment on the agreement of the five school districts to: (1) apportion such assistance equitably among all five of them; and (2) use it only for direct educational services.
(Sec. 309) Amends the Compact of Free Association Amendments Act of 2003 to continue the eligibility of the government, institutions, and people of Palau for Pell grant and supplemental education grant funding until the end of FY2010 to the extent they were eligible for such funding in FY2003.
(Sec. 310) Amends the American Recovery and Reinvestment Act of 2009 to make the requirement that states use at least 50% of their incentive grants for subgrants to LEAs inapplicable when such grants are made to consortia of states to develop academic assessments aligned with academic standards.Title IV: Related Agencies - Makes appropriations for FY2010 to: (1) the Committee for Purchase From People Who Are Blind or Severely Disabled; (2) the Corporation for National and Community Service, for domestic volunteer service programs and operating expenses, the National Service Trust, administrative expenses and salaries, and the Office of Inspector General; (3) the Corporation for Public Broadcasting; (4) the Federal Mediation and Conciliation Service; (5) the Federal Mine Safety and Health Review Commission; (6) the Institute of Museum and Library Services; (7) the Medicare Payment Advisory Commission; (8) the National Council on Disability; (9) the National Labor Relations Board (NLRB); (10) the National Mediation Board; (11) the Occupational Safety and Health Review Commission; (12) the Railroad Retirement Board for the dual benefits payments account, federal payments to the railroad retirement accounts, administration, and the Office of Inspector General; and (13) the Social Security Administration (SSA) for payments to the Social Security trust funds, the Supplemental Security Income (SSI) Program, administrative expenses, and the Office of Inspector General.
(Sec. 401) Requires the Corporation for National and Community Service to make any significant changes to program requirements, service delivery, or policy only through public notice and comment rulemaking.
Prohibits, for FY2010 and during any grant selection process, an officer or employee of the Corporation from knowingly disclosing any covered grant selection information regarding such selection, directly or indirectly, to any person other than an authorized officer or employee of the Corporation.
(Sec. 402) Requires AmeriCorps programs receiving grants under the National Service Trust program to meet an overall minimum share requirement: (1) of 24% for the first three years that they receive AmeriCorps funding; and (2) thereafter as provided in specified regulations, without regard to the operating costs match requirement or the member support federal share limitations in the National and Community Service Act of 1990, and subject to partial waiver consistent with specified regulations.
(Sec. 403) Requires that donations made to the Corporation be used to supplement and not supplant current programs and operations.
Title V: General Provisions - Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.
(Sec. 501) Authorizes the Secretaries of Labor, of Health and Human Services, and of Education to transfer unexpended balances of prior appropriations to accounts corresponding to current appropriations provided in this Act, to be used for the same purpose, and for the same periods of time, for which they were originally appropriated.
(Sec. 505) Bars use of funds contained in this Act to distribute needles or syringes to prevent the spread of blood borne pathogens in locations determined by the local public health or local law enforcement authorities to be inappropriate for such distribution.
(Sec. 507) Prohibits the expenditure of funds appropriated in this Act, and in any trust fund to which funds are appropriated in this Act, for: (1) any abortion; or (2) health benefits coverage that includes coverage of abortion.
(Sec. 508) Declares that this prohibition does not apply: (1) if the pregnancy is the result of an act of rape or incest; or (2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed.
Declares that nothing in Sec. 507 shall be construed as: (1) prohibiting the expenditure by a state, locality, entity, or private person of state, local, or private funds (other than Medicaid matching funds); or (2) restricting the ability of any managed care provider from offering abortion coverage or the ability of a state or locality to contract separately with such a provider for such coverage with state funds (other than Medicaid matching funds).
Bars the availability of funds to a federal agency or program, or to a state or local government, if it subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions.
(Sec. 509) Prohibits the use of funds made available in this Act for: (1) the creation of a human embryo or embryos for research purposes; or (2) research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under specified regulation and the Public Health Service Act.
(Sec. 510) Bars the use of funds for activities promoting the legalization of any drug or other substance included in schedule I of the schedules of controlled substances under the Controlled Substances Act, except for normal and recognized executive-congressional communications.
Makes such limitation inapplicable when there is significant medical evidence of a therapeutic advantage to the use of such drug or other substance or that federally sponsored clinical trials are being conducted to determine therapeutic advantage.
(Sec. 511) Bars the use of funds to promulgate or adopt any final standard under the Social Security Act providing for, or providing for the assignment of, a unique health identifier for an individual (except in an individual's capacity as an employer or a health care provider), until legislation is enacted specifically approving the standard.
(Sec. 512) Bars the obligation or expenditure of funds to enter into or renew a contract with an entity if: (1) it is otherwise a contractor with the United States and is subject to the requirement regarding submission of an annual report to the Secretary of Labor concerning employment of certain veterans; and (2) it has not submitted the required report for the most recent applicable year.
(Sec. 513) Prohibits the transfer of funds made available in this Act to any federal department, agency, or instrumentality, except pursuant to an appropriation Act.
(Sec. 514) Prohibits the availability of funds under the Library Services and Technology Act, as amended by the Children's Internet Protection Act, to certain libraries unless they have made specified required certifications.
(Sec. 515) Prohibits the availability of certain funds under the Elementary and Secondary Education Act of 1965, as amended by the Children's Internet Protection Act and the No Child Left Behind Act, to certain elementary or secondary schools unless the responsible local educational agency (LEA) has made specified required certifications.
(Sec. 517) Prohibits the use of funds to: (1) request that a candidate for appointment to a federal scientific advisory committee disclose his or her political affiliation or voting history or the position he or she holds with respect to political issues not directly related to and necessary for the work of the committee involved; or (2) disseminate scientific information that is deliberately false or misleading.
(Sec. 518) Requires each department and related agency funded through this Act, within 45 days of enactment of this Act, to submit an operating plan that details at the program, project, and activity level any funding allocations for FY2010 that are different than those specified in this Act, the accompanying detailed table in the committee report, or the FY2010 budget request.
(Sec. 519) Requires the Secretaries of Labor, of Health and Human Services, and of Education each to report to the congressional appropriations committees on the number, amount, and other specified details of contracts, non-formula grants, and cooperative agreements exceeding $500,000 in value and awarded by the respective Department on a noncompetitive basis during each quarter of FY2010.
(Sec. 520) Amends the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 to require the scheduled transitional minimum wage increases in American Samoa and the Commonwealth of the Northern Mariana Islands to occur on September 30, 2010, and on every September 30 thereafter.
(Sec. 521) Prohibits the expenditure or obligation of funds by the Commissioner of Social Security to process claims for credit for quarters of Social Security coverage: (1) based on work performed under a Social Security account number that was not the claimant's number; and (2) performance of such work under such number has formed the basis for a criminal conviction of the claimant for willingly, knowingly, and with intent to deceive furnishing the Commissioner with false information.
(Sec. 522) Bars the use of funds by the Commissioner or the SSA to pay the compensation of SSA employees to administer Social Security benefit payments, under any agreement between the United States and Mexico establishing totalization arrangements between their social security systems, which would not otherwise be payable but for such agreement.
(Sec. 523) Prohibits the use of funds in contravention of prohibitions of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 against federal benefits for ineligible aliens.
(Sec. 524) Amends the Consolidated Appropriations Act, 2005 regarding the use of visa fees (currently, H-1B and L) deposited into the Fraud Prevention and Detection Account. Restricts the authorized use of such fees: (1) by the Secretary of DHS to programs and activities to prevent and detect immigration benefit fraud; and (2) by the Secretary of DOL to wage and hour enforcement programs and activities that focus on industries likely to employ nonimmigrants.
(Sec. 525) Bars the use of funds made available in this Act for first-class travel by temporary employees of agencies funded by this Act in contravention of specified regulations.
(Sec. 526) Requires specific projects contained in the report accompanying this Act (H. Rept. 111-220), that are considered congressional earmarks for purposes of Rule XXI ( Restrictions on Certain Bills) of the Rules of the House of Representatives, when intended to be awarded to a for-profit entity, to be awarded under a full and open competition.
(Sec. 527) Bars the use of funds appropriated or otherwise made available by this Act to enter into a contract in excess of $5 million, or to award a grant in excess of such amount, unless the prospective contractor or grantee certifies in writing to the awarding agency that, to the best of its knowledge and belief, the contractor or grantee: (1) has filed all federal tax returns required during the three years preceding the certification; (2) has not been convicted of a criminal offense under the Internal Revenue Code; and (3) has not, more than 90 days before certification, been notified of any unpaid federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an approved IRS installment agreement or offer in compromise and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.Division E: Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2010 - Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2010 - Title I: Department of Defense - Appropriates funds for FY2010 for the Department of Defense (DOD) for: (1) military construction for the Army, Navy and Marine Corps, and Air Force (military departments), DOD, the Army and Air National Guard, and the Army, Navy, and Air Force reserves; (2) the North Atlantic Treaty Organization (NATO) Security Investment Program; (3) family housing construction and related operation and maintenance for the military departments and DOD; (4) the Department of Defense Family Housing Improvement Fund; (5) the Homeowners Assistance Fund; (6) chemical demilitarization construction; and (7) the Department of Defense Base Closure Accounts of 1990 and 2005.
Specifies restrictions and authorizations regarding the use of funds appropriated in this title and in other military construction appropriations Acts.
(Sec. 108) Prohibits the use of such funds: (1) for the procurement of steel for any construction project or activity for which American steel producers and manufacturers have been denied the opportunity to compete; or (2) to initiate a new installation overseas without prior notification to the congressional appropriations committees.
(Sec. 113) Directs the Secretary of Defense (Secretary, for purposes of this title) to notify the appropriate congressional committees 30 days in advance of the plans and scope of any proposed military exercise involving U.S. personnel if construction costs are anticipated to exceed $100,000.
(Sec. 118) Directs the Secretary to report to the appropriations committees on actions taken by DOD and the Department of State during the previous fiscal year to encourage other member nations of NATO, Japan, South Korea, and U.S. allies bordering the Arabian Sea to assume a greater share of the common defense burden of such nations and the United States.
(Sec. 121) Requires the Secretary of the military department concerned, at least 60 days prior to issuing any solicitation for a contract with the private sector for military family housing, to notify the appropriations committees of any guarantee (including the making of mortgage or rental payments) proposed to be made to the private party in the event of: (1) the closure or realignment of the installation for which housing is provided; (2) a reduction in force of units stationed at such installation; or (3) the extended deployment overseas of units stationed at such installation.
(Sec. 122) Authorizes the transfer of DOD funds for expenses associated with the Homeowners Assistance Program under the Demonstration Cities and Metropolitan Development Act of 1966.
(Sec. 125) Places specified restrictions and limitations on the obligation or expenditure of funds made available in this title or in any other military construction appropriations Act to carry out a military construction, land acquisition, or family housing project at or for a military installation approved for closure, or for supporting a function that has been approved for realignment to another installation, in 2005 under the Defense Base Closure and Realignment Act of 1990.
(Sec. 126) Provides for the transfer of lapsed unobligated military construction and family housing funds into the Foreign Currency Fluctuations, Defense account.
(Sec. 127) Prohibits this Act's funds from being used for any action that relates to or promotes the expansion of the boundaries or size of the Pinon Canyon Maneuver Site, Colorado.
(Sec. 129) Rescinds by specified amounts funds made available in this title for military construction for each of the military departments.
(Sec. 130) Rescinds by specified amounts funds made available in the Military Construction and Veterans Affairs Appropriations Act, 2009 for military construction for the Army, Navy and Marine Corps, DOD, and the Army and Air National Guard.
Title II: Department of Veterans Affairs - Makes appropriations for the Department of Veterans Affairs (VA) for: (1) the Veterans Benefits Administration; (2) readjustment benefits; (3) veterans insurance and indemnities; (4) the Veterans Housing Benefit Program Fund; (5) the Vocational Rehabilitation Loans Program; (6) the Native American Veteran Housing Loan Program; (7) guaranteed transitional housing loans for homeless veterans; (8) the Veterans Health Administration (VHA) (including for medical support and compliance and prosthetic research); (9) the National Cemetery Administration; (10) VA general operating expenses and information technology systems; (11) the Office of the Inspector General; (12) construction for major and minor projects; and (13) grants for the construction of state extended care facilities and veterans cemeteries.
Specifies restrictions and authorizations regarding the use of funds appropriated in this title.
(Sec. 210) Makes funds from this title available to reimburse expenses of the Office of Resolution Management and the Office of Employment Discrimination Complaint Adjudication, within specified limits.
(Sec. 211) Makes appropriations unavailable to enter into any new lease of real property if the estimated annual rental is more than $1,000,000 unless the Secretary of Veterans Affairs (Secretary, for purposes of this title) submits a report which the appropriations committees approve within 30 days after receipt.
(Sec. 212) Makes appropriations unavailable for hospital or nursing home care or medical services for a non-service-connected disability unless such person has disclosed to the Secretary current and accurate third-party reimbursement information.
(Sec. 216) Authorizes the Secretary to enter into agreements with local Indian tribes and tribal organizations to provide health care, including behavioral health and dental care, to Alaska Native American and Indian veterans residing in rural Alaska.
(Sec. 219) Directs the Secretary to report quarterly to the appropriations committees on the financial status of the VHA.
(Sec. 222) Directs the Secretary, in the national interest, to transfer specified funds to the Secretary of Health and Human Services (HHS) for the Graduate Psychology Education Program, which includes the treatment of veterans, to support increased training of psychologists in the treatment of post-traumatic stress disorder (PTSD), traumatic brain injury, and related disorders. Requires the Secretary to notify Congress of any such transfers.
(Sec. 227) Designates the North Chicago Veterans Affairs Medical Center in Lake County, Illinois, as the "Captain James A. Lovell Federal Health Care Center."
(Sec. 228) Extends through 2010 the authority of the Secretary to maintain a regional office in the Republic of the Philippines.
(Sec. 229) Authorizes the Secretary to provide service dogs to veterans with mental illnesses, including PTSD.
(Sec. 230) Designates the Department of Veterans Affairs Medical Center in Louisville, Kentucky, as the "Robley Rex Department of Veterans Affairs Medical Center."
(Sec. 232) Authorizes the Secretary to executive cooperative agreements with state and local governmental entities to conduct outreach to ensure that veterans in underserved areas receive the care and benefits for which they are eligible.
Title III: Related Agencies - Appropriates funds for: (1) the American Battle Monuments Commission; (2) the U.S. Court of Appeals for Veterans Claims; (3) cemeterial expenses, Army; and (4) the Armed Forces Retirement Home.
Title IV: Overseas Contingency Operations - Appropriates funds for overseas contingency operations for military construction for the Army and Air Force.
Title V: General Provisions - Specifies restrictions and authorizations regarding the use of funds appropriated in this Act.
Title II: United States Agency for International Development - Makes FY2010 appropriations for operating expenses of the United States Agency for International Development (USAID), a civilian stabilization initiative, capital investments, and the Office of Inspector General.
Title III: Bilateral Economic Assistance - Makes FY2010 appropriations for: (1) expenses of the President in carrying out certain programs under the Foreign Assistance Act of 1961; (2) global health and child survival; (3) specified development assistance; (4) international disaster assistance; (5) transition initiatives; (6) development credit authority; (7) the Economic Support Fund; (8) the Human Rights and Democracy Fund; (9) the International Fund for Ireland; (10) assistance for Europe, Eurasia, and Central Asia; (11) migration and refugee assistance; (12) the United States Emergency Refugee and Migration Assistance Fund; (13) the Peace Corps; (14) the Millennium Challenge Corporation; (15) the Inter-American Foundation; (16) the African Development Foundation; (17) the Department of the Treasury for international affairs technical assistance activities and debt restructuring; and (18) complex overseas crises.
Prohibits funds from being made available for Sudan or Burma unless the Secretary of the Treasury notifies Congress that a democratically elected government has taken office.
Title IV: International Security Assistance - Makes FY2010 appropriations for: (1) international narcotics control and law enforcement; (2) nonproliferation, anti-terrorism, demining, and related programs; (3) peacekeeping operations; (4) international military education and training; and (5) foreign military financing grants.
Title V: Multilateral Assistance - Makes FY2010 appropriations for: (1) international organizations and programs; (2) the Global Environment Facility; (3) the International Development Association; (4) the Clean Technology Fund; (5) the Strategic Climate Fund; (6) the Inter-American Investment Corporation; (7) the Enterprise for the Americas Multilateral Investment Fund; (8) the Asian Development Fund; (9) the African Development Fund; and (10) the International Fund for Agricultural Development.
Title VI: Export and Investment Assistance - Makes FY2010 appropriations for: (1) the Export-Import Bank, including the Office of Inspector General, direct and guaranteed loan and insurance programs, and administrative expenses; (2) Overseas Private Investment Corporation (OPIC) credit and insurance programs, including administrative expenses, and for the cost of direct and guaranteed loans; and (3) the Trade and Development Agency.
Title VII: General Provisions - Sets forth certain limits and prohibitions on the use of appropriations for specified activities.
(Sec. 7002) Requires any federal department or agency that has funds made available to it under this Act to provide Congress with a quarterly accounting of the cumulative balances of any unobligated funds received during any previous fiscal year.
(Sec. 7003) Limits the use of funds under title I of this Act for any consulting service through procurement contracts to those contracts available for public inspection.
(Sec. 7004) Sets forth restrictions on office space for federal employees with respect to U.S. diplomatic facility construction, with an exception for Marine Corps use.
Subjects appropriations for the Department of State, foreign operations, and related programs which may be made available for diplomatic facility acquisition in Kabul, Afghanistan, to prior consultation with, and the regular notification procedures of, the Appropriations Committees.
(Sec. 7005) States that costs incurred by an agency or department funded under title I of this Act resulting from personnel actions taken in response to funding reductions included in this Act shall be absorbed within such agency's or department's budgetary resources.
(Sec. 7006) Directs the the Secretary of State (Secretary) to award local guard contracts as provided for under the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991, except that such contracts may be awarded on the basis of best value in Iraq, Afghanistan, and Pakistan.
(Sec. 7007) Prohibits funds under titles III through VI of this Act from being used for: (1) direct assistance or reparations to Cuba, North Korea, Iran, or Syria; and (2) assistance to any country whose elected head of government is deposed by military coup or decree (assistance may be resumed if a democratic government is elected to office).
(Sec. 7009) Limits certain agency, Department, and Broadcasting Board of Governors transfer authority.
(Sec. 7010) Directs the Secretary to report to Congress for each fiscal quarter on fund use for foreign military financing, international military education and training, and peacekeeping operations.
(Sec. 7011) Prohibits, with specified exceptions, appropriations under this Act from remaining available for obligation after the expiration of the current fiscal year unless expressly provided for.
(Sec. 7012) Prohibits funds under titles III through VI of this Act from being used for: (1) assistance to any country in default in excess of a year on payments on a U.S. loan unless the President determines such assistance is in the national interest; and (2) assistance under a new bilateral agreement unless such assistance is exempt from taxation, or reimbursed, by the foreign government.
(Sec. 7014) Authorizes specifically designated appropriations under titles II through VI of this Act to be reprogrammed for other programs within the same account subject to the appropriate congressional committees' regular notification procedures.
Extends the availability of program-specific appropriations for an additional fiscal year year if the Administrator of USAID reports to Congress that program termination or changed circumstances makes it unlikely that such appropriations can be obligated during the original period of availability.
States that ceilings and specifically designated funding levels under this Act shall not be applicable to funds or authorities appropriated or otherwise made available by any subsequent Act unless such Act specifically so directs.
(Sec. 7015) Prohibits funds that remain available for FY2010 obligation under title I of this Act or in prior appropriations Acts from being made available for specified reprogramming purposes unless Congress is notified 15 days in advance of such programming.
Prohibits the use of funds under titles III through VI of this Act for except through the regular notification procedures of the Appropriations Committees.
Prohibits funds appropriated under titles III through VI of this Act from being obligated or expended for assistance for Serbia, Sudan, Zimbabwe, Pakistan, Dominican Republic, Cuba, Iran, Haiti, Libya, Ethiopia, Nepal, Colombia, Mexico, Kazakhstan, Somalia, Sri Lanka, or Cambodia and certain other countries except as provided through the regular notification procedures of the Appropriations Committees.
(Sec. 7016) Requires the Department of Defense (DOD) to notify Congress prior to: (1) providing certain excess defense articles under the Foreign Assistance Act of 1961; or (2) issuing a letter of offer to sell certain defense articles under the Arms Export Control Act.
(Sec. 7017) States that funds appropriated under titles III through VI of this Act or in prior appropriations Acts for the Department, foreign operations, export financing, and related programs that are returned or not made available for international organizations and programs shall remain available for obligation until September 30, 2011.
(Sec. 7018) Prohibits the use of specified funds for abortions or involuntary sterilizations as methods of family planning, to motivate or coerce any person to practice abortions, or to provide any financial incentive to undergo sterilization.
(Sec. 7019) Allocates funds for specified accounts.
(Sec. 7020) Prohibits the obligation of certain funds to pay for: (1) alcoholic beverages; or (2) entertainment expenses for recreational activities.
(Sec. 7021) Prohibits the provision of funds under titles III through VI of this Act to any foreign government that provides lethal military equipment (under a post-October 1, 1997 contract) to a country that supports international terrorism unless the President reports to Congress that such assistance is in the U.S. national interest.
(Sec. 7022) Prohibits bilateral assistance from being made to a government that: (1) grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism; or (2) otherwise supports international terrorism. Authorizes the President to waive such prohibition for humanitarian or national security purposes.
(Sec. 7023) Extends, with an exception, certain authorities necessary to expend Department and foreign assistance funds.
(Sec. 7024) Defines "program, project, and activity" for purposes of titles II through VI of this Act.
(Sec. 7025) States that unless expressly provided to the contrary provisions authorizing or making appropriations for the Department, foreign operations, and related programs shall not be construed to prohibit activities authorized by or conducted under the Peace Corps Act, the Inter-American Foundation Act, or the African Development Foundation Act.
(Sec. 7026) Prohibits funds under titles III through VI of this Act and funds available to the Export-Import Bank and OPIC from being used for production of any export commodity by a foreign country if the commodity is likely to be in surplus on world markets and will cause substantial injury to U.S. producers of a similar or competing commodity (with exceptions for benefits to U.S. Producers).
Directs the Secretary of the Treasury to instruct the U.S. executive directors of specified international financial entities to oppose assistance for the production or extraction of any export commodity or mineral that is in surplus on world markets and will cause substantial injury to U.S. Producers of a similar or competing commodity.
(Sec. 7027) Directs the Administrator of USAID to require countries that receive foreign assistance which results in the generation of local currencies to deposit such currencies in a separate account to be used to finance foreign assistance activities.
(Sec. 7028) States that: (1) restrictions on assistance for a country shall not be construed to restrict specified assistance for nongovernmental organizations; (2) the President shall notify the Appropriations Committees under their regular notification procedures prior to providing such assistance; and (3) nothing in this section shall be construed to alter existing prohibitions against abortion or involuntary sterilizations in this or any other Act.
States that: (1) during FY2010 restrictions contained in this or any other Act with respect to assistance for a country shall not be construed to restrict assistance under the Agricultural Trade Development and Assistance Act of 1954 (PL 480); and (2) this section shall not apply to assistance restrictions regarding support of international terrorism and human rights violations.
(Sec. 7029) Prohibits funds under titles III through VI of this Act from being provided for: (1) any financial incentive to a business for purposes of inducing it to relocate outside the United States if it will reduce the number of U.S. employees; or (2) assistance for any program that contributes to the violation of internationally recognized workers rights in the recipient country.
(Sec. 7030) Prohibits payments to specified international financial institutions while the U.S. Executive director to the institution is compensated at a rate in excess of that for Level IV of the Executive Schedule, or any alternate U.S. director is compensated at a rate in excess of that for Level V of such Schedule.
Directs the Secretary of the Treasury to instruct the U.S. Executive directors at international financial entities to oppose assistance to a Heavily Indebted Poor Country that imposes budget caps or restraints that do not allow the maintenance of or an increase in governmental spending on health care or education.
(Sec. 7031) Authorizes nongovernmental organizations which are USAID grantees or contractors to place funds made available to them under title III of this Act in interest bearing accounts in order to enhance their participation in debt-for-development and debt-for-nature exchanges.
(Sec. 7032) Authorizes the President to engage in certain debt buybacks or sales. Authorizes sale, reduction, or cancellation of certain loans to foreign governments upon payment from an eligible purchaser that plans to use such loans only for: (1) debt-for-equity swaps, debt-for-development swaps, or debt-for-nature swaps; or (2) debt buyback by an eligible country if such country uses specified amounts of local currency to support activities that link conservation with local community development and child survival and development activities.
Limits such authority to funds appropriated by this Act under the heading of debt restructuring.
(Sec. 7033) Authorizes the President to reduce amounts owed to the United States by eligible countries as a result of: (1) housing guarantees made pursuant to the Foreign Assistance Act of 1961; (2) credits extended or guarantees issued under the Arms Export Control Act; and (3) certain export guarantees for U.S. agricultural commodities.
Permits exercise of such authority only: (1) to implement multilateral official debt relief and referendum agreements known as the Paris Club Agreed Minutes; and (2) with respect to countries with heavy debt that are eligible to borrow from the International Development Association (but not from the International Bank for Reconstruction and Development).
Provides debt reduction only for a country whose government: (1) does not have an excessive level of military expenditures; (2) has not repeatedly provided support for acts of international terrorism; (3) is not failing to cooperate on international narcotics control matters; (4) does not engage in a pattern of human rights violations; and (5) is providing U.S. citizens with effective compensation for confiscated property.
(Sec. 7034) Allows funds appropriated under titles III through VI of this Act for Afghanistan to be made available notwithstanding specified restrictions on: (1) assistance to countries in payment default to the United States; and (2) law enforcement assistance.
Allows funds appropriated under titles III and VI of this Act to be made available to: (1) Iraq, Lebanon, Montenegro, and Pakistan; (2) war victims; (3) displaced children; (4) displaced Burmese; and (5) victims of trafficking in persons and to combat such trafficking.
Authorizes USAID to make an exception to the fair opportunity process under an indefinite-quantity contract for a small or disadvantaged business.
Authorizes the President to waive specified prohibitions under the Antiterrorism Act of 1987 regarding the Palestine Liberation Organization (PLO) for national security purposes. States that such waiver shall be effective for not more than six months at a time and shall not apply beyond 12 months after enactment of this Act.
Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005, as amended by the Omnibus Appropriations Act, 2009, to repeal the provision considering through FY2010 certain Vietnamese nationals to be refugees of special humanitarian concern for purposes of eligibility for in-country refugee processing in Vietnam (ends such consideration as of the end of FY2009).
Expands authorities under the Foreign Assistance Act of 1961 for civilian police assistance for a regional, district, municipal, or other sub-national entity emerging from instability.
Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 to extend: (1) refugee admission allocations through FY2010 for nationals of an Independent State of the former Soviet Union, Estonia, Latvia, or Lithuania who are current members of the Ukrainian Catholic Church or the Ukrainian Orthodox Church; (2) the refugee admission application period to include applications filed before October 1, 2010; and (3) the qualifying parole residence period through September 30, 2010, for certain nationals of an Independent State of the former Soviet Union, Estonia, Latvia, Lithuania, Vietnam, Laos, or Cambodia to apply for permanent resident status adjustment.
Makes specified funds available for: (1) the world food program; (2) the program for research and training on Eastern Europe and the Independent States of the Former Soviet Union; and (3) Interparliamentary exchanges.
States that specified funds should be made available for programs to disarm and reintegrate into civilian society former members of foreign terrorist organizations.
Subjects funds for a Middle East Foundation to the regular notification procedures of the Appropriations Committees.
Authorizes the President during FY2010 to use specified funds under the Foreign Assistance Act of 1961 for unanticipated contingencies.
Subjects certain contracts, grants, or cooperative agreements for the promotion of democracy to the regular notification procedures of the Appropriations Committees.
Obligates specified funds under title III of this Act to expand Internet access for users living in societies that have hostile Internet environments.
Amends the Supplemental Appropriations Act, 2009 to extend through FY2010 comparability pay adjustments to certain Foreign Service members assigned abroad.
Prohibits funds from being used by the Secretary or the Administrator of USAID to implement a Partner Vetting System. Authorizes funds use for a Partner Vetting System pilot program.
Directs the Secretary to: (1) implement obligations under the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 requiring suspension of visa issuance to applicants of a diplomatic mission (A-3 visa) or international organization (G-5 visa) if its employees are found to have a record of exploiting such visa holders; and (2) consider whether a final court judgment has been issued against a current or former employee of such mission or organization in making such determination.
(Sec. 7035) Expresses the sense of Congress that: (1) the Arab League boycott of Israel (reinstated in 1997), and the secondary boycott of American firms that have commercial ties with Israel, is an impediment to regional peace and to U.S. investment and trade in the Middle East and North Africa and should be terminated; and (2) the President should report annually to Congress on steps taken to encourage Arab League states to normalize their relations with Israel to end the boycott.
(Sec. 7036) Prohibits, with a national security interest waiver, the use of funds under titles III through VI of this Act from being used to support a Palestinian state unless the Secretary certifies to Congress that: (1) the Palestinian governing entity has demonstrated a commitment to peaceful coexistence with Israel and is taking measures to counter terrorism; and (2) the Palestinian Authority (PA) or a new governing entity is working to establish a lasting peace in the Middle East.
Exempts from such restriction assistance to help reform the PA and affiliated institutions or a newly elected governing entity meet such assistance requirements.
Expresses the sense of Congress that the newly elected governing entity should enact a constitution assuring the rule of law, an independent judiciary, and respect for human rights, and should enact other laws and regulations assuring transparent and accountable governance.
(Sec. 7037) Prohibits, with an exception for acquisition of additional space for the Consulate General in Jerusalem, the obligation of funds appropriated under titles II through VI of this Act to create in Jerusalem a new U.S. agency office for the purpose of conducting U.S. business with the PA over Gaza and Jericho (or any successor Palestinian governing entity) provided for in the Israel-PLO Declaration of Principles.
(Sec. 7038) Prohibits funds under this Act from being used to provide equipment, technical support, consulting services, or any other assistance to the Palestinian Broadcasting Corporation.
(Sec. 7039) Directs the Secretary, for FY2010, to certify to Congress prior to the initial obligation of funds for the bilateral West Bank and Gaza program that the Comptroller General will have access to necessary financial information to evaluate the uses of U.S. assistance.
Directs the Secretary, prior to obligating economic support funds under this Act for the West Bank and Gaza, to take appropriate steps to ensure that such assistance is not provided to or through any individual or entity that advocates or engages in terrorist activity.
Prohibits funds from being used to honor individuals who commit, or have committed, acts of terrorism.
Requires and obligates funds for program audits.
(Sec. 7040) Prohibits economic support fund assistance under this Act from being provided to the PA unless the President certifies to Congress that it is in the U.S. National interest. States that any such waiver shall: (1) not be for more than six months at a time; and (2) not apply beyond 12 months after enactment of this Act. Requires a report to Congress when such waiver is exercised.
Prohibits appropriations under titles III through VI of this Act from being used for: (1) assistance to the PLO; and (2) salaries of PA personnel in Gaza or for assistance to Hamas or any Hamas-controlled or power-sharing government unless the President certifies to Congress that such government has accepted Israel's right to exist and is adhering to previous agreements with the United States, Israel, and the international community.
Prohibits funds under titles III through VI of this Act from being obligated for the PLO.
(Sec. 7041) Prohibits, with a national interest waiver, funds under this Act from being made available for Saudi Arabia.
(Sec. 7042) Obligates specified funds under titles III and IV of this Act for assistance to: (1) Egypt; (2) Iraq; (3) Jordan; (4) Lebanon; and (5) the West Bank and Gaza.
Authorizes specified economic support funds to be made available to further U.S.-Egypt interests.
Requires that FY2010 assistance for Iraq shall be in accordance with the Department's "Guidelines for Government of Iraq Financial Participation in United States Government-Funded Civilian Foreign Assistance Programs and Projects" and use Iraqi entities.
Prohibits funds under this Act from being provided for permanent base rights agreements with Iraq.
Makes certain military appropriations under this Act for assistance for Lebanon available only: (1) to professionalize the Lebanese armed forces, strengthen border security, and combat terrorism; and (2) after the Secretary provides Congress with a related spending plan.
States that appropriations under this Act should be made available in a manner to further peace between Israelis and Palestinians.
Applies specified reporting requirements to funds made available under this Act to the security strategy of the PA and to the United Nations Relief and Works Agency (UNRWA).
(Sec. 7043) States that: (1) it is U.S. policy to seek to prevent Iran from achieving nuclear weapons production capability, including by supporting international diplomatic efforts to halt Iran's uranium enrichment program; and (2) the President should fully enforce the Iran Sanctions Act of 1996 to encourage foreign governments to require state-owned and private entities to cease all investment in, and support of, Iran's energy sector and all exports of refined petroleum products to Iran.
Prohibits, with a national interest waiver, certain funds under this Act from being used by the Export-Import Bank to provide credit for any project controlled by an energy producer or refiner that: (1) provides the Islamic Republic of Iran with significant refined petroleum resources; (2) contributes materially to Iran's capability to import refined petroleum resources; or (3) allows Iran to materially maintain or expand its domestic production of refined petroleum resources.
Directs the Secretary to report to Congress regarding: (1) diplomatic efforts aimed at curtailing Iran's pursuit of nuclear weapons technology; and (2) U.S. and international sanctions and related actions against Iran.
(Sec. 7044) Authorizes the transfer of certain aircraft including for the transportation of active and standby Civilian Response Corps personnel and equipment.
Requires: (1) that Department and USAID aircraft use shall be coordinated under the authority of the appropriate Chief of Mission; and (2) the Secretary to report to Congress regarding the total inventory of Department and USAID aircraft, the contractors operating such aircraft, and contracts' annual costs.
(Sec. 7045) Obligates specified funds for trade capacity building, of which a certain amount shall be made available for labor and environmental capacity building relating to free trade agreements with countries in Central America, Peru, and the Dominican Republic.
Makes the government of Haiti eligible to purchase U.S. defense articles and services for its Coast Guard.
Obligates specified funds under titles III and IV of this Act for Haiti.
Prohibits the use of certain funds under this Act for the transfer of U.S. weapons, ammunition, or other lethal property to the Haitian National Police until the Secretary reports to Congress that any members of the Haitian National Police who have been credibly alleged to have committed serious crimes, including drug trafficking and human rights violations, have been suspended.
Authorizes specified funds under this Act to be made available to the countries of the Caribbean Basin (Antigua and Barbuda, The Bahamas, Barbados, Belize, Dominica, Dominican Republic, Grenada, Guyana, Haiti, Jamaica, St. Kitts and Nevis, Saint Lucia, St. Vincent and the Grenadines, Suriname, and Trinidad and Tobago) for: (1) counternarcotics forces; (2) judicial reform, rule of law activities, and maritime security; and (3) social justice and education programs, including vocational training and juvenile justice activities.
Obligates specified funds for a U.S. contribution to the International Commission Against Impunity in Guatemala.
Conditions specified military assistance to the Guatemalan Air Force, Navy, and Army Corps of Engineers upon the Secretary certifying that the Air Force, Navy, and Army Corps of Engineers are respecting human rights and are cooperating with civilian judicial investigations of military personnel who have committed human rights violations.
Obligates specified funds for Mexico: (1) to combat drug trafficking and organized crime; and (2) for judicial reform, institution building, anti-corruption, and rule of law activities.
Obligates specified funds for Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama: (1) to combat drug trafficking and organized crime; and (2) for judicial reform, institution building, anti-corruption, maritime security, and rule of law activities.
Directs the Secretary to: (1) report to Congress on the feasibility of using passport cards as proof of identity and citizenship for international travel by U.S., Canadian, and Mexican nationals to air ports of entry between the United States and Canada and between the United States and Mexico; and (2) use specified funds for a pilot project to test the use of passport cards at selected airports of entry between the United States and Canada.
(Sec. 7046) Obligates specified funds under this Act for assistance to Columbia.
Authorizes the use of funds under this Act for Columbia for a campaign against narcotics trafficking and foreign terrorist organizations and to protect human health and welfare in emergency circumstances.
Prohibits the combat participation of U.S. military personnel or civilian contractors in connection with assistance made available by this Act for Colombia.
Authorizes, and limits, aircraft and helicopter use for Columbia.
Prohibits funds from being made available for the Colombian Departamento Administrativo de Seguridad.
Limits certain funding under this Act for aerial coca and poppy eradication in Columbia until the Secretary certifies to Congress regarding aerial herbicide safety.
Amends the Department of State, Foreign Operations, and Related Programs Appropriations Act of 2009 regarding funding for the Colombian armed forces, including: (1) increasing and extending funding through FY2010 for reintegration of former combatants; and (2) extending human rights consultative requirements through FY2010.
(Sec. 7047) Authorizes the use of specified funds under titles III and IV of this Act to enhance the effectiveness and accountability of civilian police authority through human rights training and through the promotion of civilian police roles that support democratic governance, including programs on conflict prevention, police-community relations, disaster assistance, and gender-based violence.
(Sec. 7048) Prohibits funds under titles III through VI this Act from being used to pay any assessments, arrearages, or dues of any U.N. member (including costs for attendance of another country's delegation at international conferences held under the auspices of multilateral or international organizations).
(Sec. 7049) Permits the President to provide up to a specified amount of commodities and services to the United Nations War Crimes Tribunal if doing so will contribute to a just resolution of charges regarding genocide or other violations of international law in the former Yugoslavia.
(Sec. 7050) Prohibits funds under title I of this Act from being used for UN peacekeeping missions that will involve U.S. Armed Forces personnel under foreign command unless in the U.S. National interest.
(Sec. 7051) Amends the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 to provide for U.S. payments for UN peacekeeping operations for 2010 at 27.3%.
(Sec. 7052) Directs the Secretary to report to Congress until September 30, 2010, on the resolutions proposed and adopted in the United Nations Human Rights Council (UNHRC).
(Sec. 7053) Prohibits funds under this Act from being used to send or otherwise pay for the attendance of more than 50 U.S.-stationed employees from a federal department or agency at any single conference outside the United States unless in the national interest.
(Sec. 7054) Prohibits funds under title I of this Act from being used to pay expenses for any U.S. delegation to any specialized UN agency, body, or commission that is presided over by a country that supports international terrorism.
(Sec. 7055) Withholds assistance to a foreign country in an amount equal to 110% of the total unpaid property tax and unpaid parking fines and penalties incurred from April 1, 1997-September 30, 2009, and owed by the country to the District of Columbia or New York City.
(Sec. 7056) Authorizes disposal on a grant basis in foreign countries of demining equipment used in support of the clearance of land mines and unexploded ordnance for humanitarian purposes.
Restricts military assistance for cluster munitions.
(Sec. 7057) Prohibits the use of funds for publicity or propaganda purposes within the United States that were not authorized before the enactment of this Act.
Makes specified funds available for USAID assistance to private and voluntary organizations engaged in facilitating public discussion of hunger and other related issues.
(Sec. 7058) Limits the amount of funds under title II of this Act that may be used for official USAID residence expenses.
(Sec. 7059) Allocates specified funds under title III of this Act for USAID to hire up to 175 persons per fiscal year on a limited appointment basis in the United States and abroad. Conditions such hirings upon an equivalent elimination of USAID nondirect-hire employees. Terminates such authority on September 30, 2011.
Authorizes up to four-year extensions for limited-appointment Foreign Service personnel.
Authorizes USAID to use specified amounts for overseas support costs of Foreign Service members of rank four or below to reduce USAID reliance on nondirect-hire employees.
Authorizes specified funds under title III of this Act for the costs of persons detailed to or employed by USAID to carry out: (1) natural disaster response programs; and (2) global health and child survival activities.
Authorizes specified funds under this Act to be used by USAID to employ up to 40 personal services contractors in the United States for new or expanded overseas programs until permanent personnel are hired. Limits to 15 the number of such contractors that may be assigned to USAID's Afghanistan programs.
Authorizes the hiring of up to 30 persons under the Development Leadership Initiative through September 30, 2011.
Authorizes specified funds under title II of this Act to be made available: (1) for special compensation for overseas, locally employed staff; and (2) to implement the USAID strategy for hiring current and former federal employees with skills and/or overseas experience to enhance USAID's mission capacity.
Authorizes USAID to appoint into the Senior Foreign Service and employ up to 10 individuals for programs in Iraq, Afghanistan, or Pakistan.
(Sec. 7060) States that funds appropriated by titles III and IV of this Act for child survival activities or disease programs, including HIV/AIDS research, prevention and treatment activities, may be made available notwithstanding any other provision of law except for specified provisions.
States that specified funds under title III of this Act should be made available for family planning/reproductive health, including in areas where population growth threatens biodiversity or endangered species.
(Sec. 7061) Authorizes specified funds under title III of this Act for the USAID program to provide development grants to U.S. And indigenous nongovernmental organizations.
(Sec. 7062) States that funds under title III of this Act shall: (1) include gender considerations in program implementation; (2) be made available for programs to enhance economic opportunities for poor women in developing countries; and (3) consider the needs of women in agriculture.
(Sec. 7063) Makes specified funds available for programs to address sexual and gender-based violence.
Requires that programs funded under titles III and IV of this Act for training of foreign police, judicial, and military officials address gender-based violence.
(Sec. 7064) Obligates specified funds under title III of this Act for: (1) basic education in developing countries; and (2) higher education, with a set-aside for higher education in Africa.
Provides for continuation of the Coordinator of U.S. Government Basic Education Assistance in developing countries (as established under the Consolidated Appropriations Act, 2008).
(Sec. 7065) Obligates specified funds under title III of this Act for religious, ethnic, and political reconciliation programs, with a set-aside for Middle East programs.
(Sec. 7066) Directs the Secretary to report to Congress regarding the total amount of U.S. government expenditures in FY2008-FY2009, by federal agency, for assistance programs and activities in each foreign country, identifying the line item and the purpose of the expenditure.
(Sec. 7067) Prohibits funds under titles III through VI of this Act from being provided to a nongovernmental organization or contractor which fails to provide documents, files, or records for USAID auditing requirements.
(Sec. 7068) States that: (1) the Senior Policy Operating Group on Trafficking in Persons shall coordinate all policies related to traffickers and victims of severe forms of trafficking; and (2) no funds shall be expended to perform functions that duplicate Group responsibilities.
(Sec. 7069) Prohibits funds under this Act from being used to support or justify the use of torture, cruel, or inhumane treatment by any U.S. official or contract employee.
(Sec. 7070) States that certain military education and training funds under this Act for Angola, Cameroon, Central African Republic, Chad, Cote d'Ivoire, Guinea, and Zimbabwe may be made available only for international peacekeeping and expanded international military education and training. Prohibits the use of such funds for Equatorial Guinea or Somalia.
Obligates specified funds under this Act for: (1) the East Africa Regional Strategic Initiative; (2) the Africa Conflict Stabilization and Border Security program; (3) the Trans-Sahara Counterterrorism Partnership; and (4) a Horn of Africa and Pan Sahel program.
Prohibits military financing funds under this Act from being made to Ethiopia unless the Secretary: (1) determines that the government of Ethiopia is taking measures to guarantee the rights of its citizens to peaceful expression, association and assembly and to document violations of internationally recognized human rights without harassment or criminal penalty; and (2) reports to Congress regarding the types and amounts of U.S. training and equipment provided to the Ethiopian military. Exempts from such restriction assistance to support Ethiopian deployment in international peacekeeping operations.
Prohibits military financing funds under this Act from being made to Rwanda if the Secretary has credible evidence that the government of Rwanda is providing political, military, or financial support to armed groups in the Democratic Republic of the Congo that have committed violations of internationally recognized human rights, including rape. Exempts from such restriction assistance to: (1) improve border controls to prevent the importation of minerals into Rwanda by such groups; or (2) support Rwandan deployment in international peacekeeping operations.
Makes funds available under this Act for Liberia, Sierra Leone, Nigeria, Cote d'Ivoire, and Congo Basin Forest Partnership countries to support transparency regarding the extraction of timber, oil and gas, cacao, and other natural resources, including by strengthening implementation and monitoring of the Extractive Industries Transparency Initiative and the Kimberley Process Certification Scheme.
Prohibits funds appropriated under this Act from being used for the government of Sudan (which shall not include the government of Southern Sudan) or for the cost of modifying loans and loan guarantees held by the government of Sudan unless the Secretary certifies to the appropriate congressional committees that the government of Sudan: (1) is ending attacks upon civilians and disarming and demobilizing the Janjaweed and other government-supported militias and honoring cease-fire agreements; and (2) is allowing unimpeded humanitarian access to Darfur.
Exempts from such prohibition: (1) humanitarian assistance; (2) assistance for Darfur, Southern Sudan, Southern Kordofan/Nuba Mountains State, Blue Nile State, and Abyei; and (3) assistance to implement the Comprehensive Peace Agreement, the Darfur Peace Agreement, or any other internationally-recognized peace agreement.
Authorizes assistance under this Act for the government of Southern Sudan for non-lethal military assistance, military education and training, and defense services if in the U.S. National interest.
Reaffirms support for the International Criminal Tribunal for Rwanda (ICTR) and the Special Court for Sierra Leone (SCSL). Authorizes the use of certain funds under this Act for assistance to the central government of a country in which individuals indicted by ICTR and SCSL are alleged to be living if the Secretary reports to Congress that such government is cooperating with ICTR and SCSL.
Directs the Secretary of the Treasury to instruct U.S. Executive directors to international financial institutions to vote against any loan extensions to the government of Zimbabwe, except to meet basic human needs or to promote democracy, unless the Secretary of State reports to Congress that Zimbabwe has restored the rule of law.
Prohibits funds under this Act from being made to the government of Zimbabwe, except for macroeconomic growth assistance, unless the Secretary makes a specified determination.
(Sec. 7071) Directs the Secretary of the Treasury to instruct U.S. Executive directors to international financial institutions to support projects in Tibet if such projects do not provide incentives for the migration and settlement of non-Tibetans into Tibet or facilitate the transfer of ownership of Tibetan land and natural resources to non-Tibetans.
Obligates funds for nongovernmental organizations to support activities which preserve cultural traditions and promote sustainable development and environmental conservation in Tibetan communities in the Tibetan Autonomous Region and in other Tibetan communities in China.
Directs the Secretary of the Treasury to use U.S. influence in international financial institutions to oppose the extension of any loan or financial or technical assistance for Burma.
Obligates specified funds under this Act for Burma: (1) for programs to support democracy and humanitarian activities; (2) for programs along the Burma-Thailand border; (3) Burmese student groups and other organizations outside Burma; (4) humanitarian assistance to displaced Burmese along Burma's borders; and (5) community-based organizations in Thailand to provide humanitarian assistance to internally displaced persons in eastern Burma.
Makes funds available under this Act for a U.S. Contribution to a Khmer Rouge tribunal only if the Secretary certifies to Congress that the United Nations and the government of Cambodia are taking steps to address allegations of tribunal mismanagement.
Allocates specified military funds under this Act for Indonesia. Withholds certain of such funds until the Secretary submits a specified report to the appropriate congressional committees.
Obligates certain funds under this Act for grants to Indonesian human rights organizations, including in Papua.
Makes certain military financing under this Act available for Nepal if the Secretary certifies to Congress that the Nepal Army is: (1) cooperating with civilian judicial investigations of human rights violations; and (2) working to redefine the Nepal Army's mission, implement reforms, and integrate former rebel combatants into the security forces and the Army. Exempts from such restriction assistance to support the Nepal Army in humanitarian relief and reconstruction operations in Nepal.
Makes specified funds under this Act available for: (1) refugees from North Korea; (2) broadcasts into North Korea; and (3) democracy, human rights, and governance programs for North Korea.
Prohibits certain funds under this Act from being made available for energy-related assistance to North Korea.
Prohibits: (1) specified funds under this Act from being obligated or expended for export licenses of U.S. origin satellites (including commercial satellites and satellite components) to the Peoples Republic of China (PRC) without prior notice to Congress ; and (2) funds under this Act from being used to finance any grant, contract, or cooperative agreement with the People's Liberation Army (PLA) or any affiliated entity.
Obligates specified military funds under this Act for the Philippines of which a certain amount may not be obligated until the Secretary submits a certain report to Congress.
Obligates specified funds under this Act for democracy programs and activities in Timor-Leste of which a certain amount shall be made available for higher education scholarships.
Makes certain funds available for environmental remediation and related health activities in Vietnam.
(Sec. 7072) Makes funds appropriated under this Act available for assistance for Serbia after May 31, 2010, if the President certifies to Congress that the government of Serbia is: (1) cooperating with the International Criminal Tribunal for Yugoslavia, including access for investigators, provision of documents, and the surrender and transfer of indictees or assistance in their apprehension, including Ratko Mladic; (2) taking steps to end Serbian financial, political, security and other support to maintain separate Republika Srpska institutions; and (3) taking steps to implement policies which reflect a respect for minority rights and the rule of law.
Exempts from such requirements humanitarian assistance or assistance to promote democracy.
(Sec. 7073) Prohibits, with a national security waiver, specified funds under this Act from being made to a government of an Independent State of the former Soviet Union that directs any action in violation of the territorial integrity or national sovereignty of any other Independent State of the former Soviet Union.
Subjects such assistance for the Russian Federation, Armenia, Kazakhstan, and Uzbekistan to the regular notification procedures of the Appropriations Committees.
Withholds specified funds for the Russian Federation until the President certifies to Congress that the Russian Federation: (1) has terminated arrangements to provide Iran with technical expertise, training, technology, or equipment necessary to develop a nuclear reactor, related nuclear research facilities or programs, or ballistic missile capability; and (2) is providing access to international nongovernmental organizations providing humanitarian relief to refugees and internally displaced persons in Chechnya.
Sets forth exceptions to such restriction, including assistance for public health, nonproliferation, democracy, and humanitarian activities.
(Sec. 7074) Prohibits, with a national security waiver, specified funds under this Act from being made available to the government of the Russian Federation unless the Secretary certifies to Congress that the government of the Russian Federation: (1) has not implemented any statute or similar government action that would discriminate against religious groups or religious communities in the Russian Federation; (2) is honoring obligations respecting freedom of expression, assembly, press, and due process; (3) is prosecuting law enforcement personnel who have committed human rights abuses; and (4) is releasing detained political leaders, activists, and journalists.
(Sec. 7076) States that specified assistance under this Act for Afghanistan shall be made available in a manner that utilizes Afghan entities and emphasizes the participation of Afghan women and directly improves the security and economic, political, and social well-being of Afghan women and girls.
Applies certain conditions of assistance to Afghanistan under the Supplemental Appropriations Act, 2009 to specified FY2010 assistance for Afghanistan.
Obligates specified assistance under this Act: (1) to protect the rights of Afghan women and girls, including for the Afghan Independent Human Rights Commission, the Afghan Ministry of Women's Affairs, and for women-led nongovernmental organizations; and (2) for the National Solidarity Program.
Withholds, with a national security waiver, specified assistance for Afghanistan until the Secretary reports to Congress that the government of Afghanistan is cooperating with U.S. efforts against the Taliban and Al-Qaeda and to reduce poppy cultivation and illicit drug trafficking.
Prohibits funds under this Act from being used to enter into a permanent basing rights agreement between the United States and Afghanistan.
(Sec. 7077) Directs the President to submit to Congress a plan for the distribution of the assets of an Enterprise Fund before any distribution resulting from liquidation, dissolution, or winding up of the Fund.
(Sec. 7078) Obligates specified FY2010 international organization and program funds, subject to specified conditions, for the United Nations Population Fund (UNPA), except for any country program in the PRC.
Prohibits funding of abortions.
Directs: (1) the Secretary to report to Congress indicating the amount of UNPA funds budgeted for the year for the PRC; and (2) that if any funds are so budgeted a dollar-for-dollar amount shall be deducted from the funds made available to the UNPA after March 1 for the fiscal year in which the report is submitted.
(Sec. 7079) Authorizes the transfer of certain funds under title III of this Act for OPIC.
(Sec. 7080) Prohibits funds under this Act (other than funds for narcotics control and law enforcement, refugee assistance, or antiterrorism activities) from being used to assist the government of a country with which the United States has diplomatic relations and an extradition treaty and refuses to extradite to the United States any individual charged with a criminal offense for which the maximum penalty is life imprisonment without parole, or for killing a law enforcement officer.
Authorizes a national security waiver of such prohibition.
(Sec. 7081) Obligates funds under this Act for programs to: (1) reduce greenhouse gases and support climate change adaptation; and (2) protect forests, other critical landscapes, and biodiversity.
Authorizes specified funds under this Act to be made available only to promote the sustainable use of renewable energy technologies and end-use energy efficiency technologies, carbon sequestration, and carbon accounting. Obligates certain funds for USAID clean energy programs for microfinance renewable energy programs, including solar energy programs.
Authorizes funds to be made available, subject to specified conditions, to the Least Developed Countries Fund and to the Special Climate Change Fund for climate change adaptation programs.
Obligates funds under title III of this Act for biodiversity programs, including tropical forests and wildlife in developing countries. Obligates funds from such amount for: (1) USAID's conservation programs in the Amazon Basin; and (2) the Congo Basin Forest Partnership.
Directs the Secretary of the Treasury to inform international financial institutions and the public that it is U.S. Policy that any assistance by such institutions for the extraction and export of oil, gas, coal, timber, or other natural resource should not be provided unless the government of the country has or is taking steps to establish systems for: (1) revenue and expenditure accounting; (2) independent auditing; and (3) verifying government receipts against company payments.
Authorizes FY2010 appropriations for a U.S. Contribution to the Clean Technology Fund.
Directs the Secretary of the Treasury to report to Congress describing: (1) for each international financial institution the amount and type of assistance provided, by country, for the extraction and export of oil, gas, coal, timber, or other national resource in the preceding 12 months; and (2) the operations and governance of the Clean Technology Fund and the purpose and progress of each Fund-supported project.
(Sec. 7082) Prohibits funds under this Act from being used to promote the sale or export of tobacco or tobacco products or to seek the removal of foreign restrictions on the marketing of such products, except for restrictions which are not applied equally to all tobacco or tobacco products of the same type.
(Sec. 7083) Authorizes the commercial leasing of certain defense articles from commercial suppliers (instead of the government-to-government sale) to Israel, Egypt, North Atlantic Treaty Organization (NATO) members, and major non-NATO allies if the President determines that there are compelling foreign policy or national security reasons for such leasing.
(Sec. 7084) Directs the Secretary to: (1) compile a list of officials of foreign governments and their immediate family members who have been involved in corruption relating to the extraction of natural resources in their countries; and (2) report semiannually to Congress.
Makes an individual on such list ineligible for U.S. admission, with a limited waiver.
(Sec. 7085) Directs the Secretary to: (1) report to Congress describing cruel or inhumane prison or detention conditions in countries receiving U.S. Assistance and identifying those countries that are, and those that are not, making significant efforts to eliminate such conditions; and (2) designate a Deputy Assistant Secretary of State in the Bureau of Democracy, Human Rights and Labor to have primary responsibility for diplomatic efforts related to international prison conditions.
(Sec. 7086) Makes funds under this Act available to support transparency and accountability at the United Nations. Authorizes the Secretary to withhold a U.S. Contribution to a UN organization or agency that is not adequately implementing transparency reforms.
Directs the Secretary of the Treasury to instruct the U.S. Executive Director of the International Monetary Fund (IMF) to promote: (1) public disclosure of certain Fund documents; (2) transparency and accountability in IMF policymaking and budgetary procedures; and (3) policies to reduce the worst forms of child labor.
Prohibits, with a national security waiver, funds under this Act from being made available for the government of any country that fails to make its national budget publicly available each year.
Withholds 10% of appropriations under this Act for the Asian Development Fund until the Secretary of the Treasury reports to Congress that the Bank is taking steps to: (1) implement an independent review of the Office of Information Systems and Technology and any other offices considered vulnerable to fraud and corruption; (2) strengthen internal accountability; and (3) ensure that restitution, including criminal prosecution, is sought if the Bank experiences fraud and corruption losses.
(Sec. 7087) Obligates specified funds under this Act for USAID activities for persons with disabilities in developing countries.
(Sec. 7088) Obligates specified funds under title III of this Act for programs for orphans and displaced and abandoned children.
(Sec. 7089) Requires that funds under title III of this Act for Sri Lanka be made available for programs that promote Sinhalese-Tamil reconciliation, support post-conflict reconstruction, and establish a role for Tamil and other minorities in national, political, and economic life.
Prohibits specified military funds under this Act from being made available, defense export licenses issued, and military equipment or technology sold or transferred to Sri Lanka unless the Secretary certifies to Congress that the Sri Lankan government is: (1) bringing to justice members of the military who have committed violations of human rights or humanitarian law; (2) providing countrywide access to humanitarian organizations and journalists; (3) respecting internationally recognized human rights; (4) treating internally displaced persons in accordance with international standards; and (5) implementing reconciliation policies. Exempts assistance for humanitarian demining from such restriction.
Directs the Secretary of the Treasury to instruct U.S. Executive directors at international financial institutions to vote against any loan, agreement, or other financial support for Sri Lanka, except to meet basic human needs, unless the Secretary makes specified certifications.
(Sec. 7090) Directs the Secretary of the Treasury to instruct the U.S. Executive Director at the IMF to oppose the provision of hard currency in exchange for special drawing rights by the IMF to any country whose government has repeatedly provided support for acts of international terrorism.
Amends the Bretton Woods Agreements Act to terminate the authorization for the New Arrangements to Borrow program after five years unless the Secretary of the Treasury makes specified certifications to Congress.
Limits U.S. contributions to the New Arrangements to Borrow program to 20% of the U.S. share of the program as of the date of the enactment of the Supplemental Appropriations Act, 2009 (June 24, 2009).
Directs the Secretary of the Treasury to report semiannually to Congress regarding loans made and programs carried out through the New Arrangements to Borrow program.
(Sec. 7091) Directs the Secretary to report to Congress (every 120 days through September 30, 2010) detailing actions taken during negotiations on the United Nations Framework Convention on Climate Change and subsequent international climate change negotiations to promote intellectual property rights protection with respect to energy and environmental technologies.
(Sec. 7092) Prohibits funds under this Act from being used for first-class travel by employees of agencies funded under this Act in contravention of the Federal Travel Regulation System.
(Sec. 7093) Prohibits funds from being used to negotiate an agreement in contravention of certain provisions under this Act or the Supplemental Appropriations Act, 2009.