Detailed Summary

Financial Services and General Government Appropriations Act, 2010 - <b>Title I: Department of the Treasury</b> - 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 Financial Crimes Enforcement Network; (6) the Financial Management Service; (7) the Alcohol and Tobacco Tax and Trade Bureau; (8) the U.S. Mint for the U.S. Mint Public Enterprise Fund; (9) the Bureau of the Public Debt; (10) the Community Development Financial Institutions Fund Program Account; and (11) 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. 109) 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. 111) 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. 113) 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. 114) 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. 115) 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.

(Sec. 116) Authorizes the Secretary of the Treasury to establish the following additional Treasury accounts for the purposes of administering refunds: (1) the Alcohol &amp; Tobacco Tax and Trade Bureau, Department of the Treasury; (2) the U.S. Customs and Border Protection, Department of Homeland Security (DHS); and (3) the ATF, Department of Justice (DOJ).

<b>Title II: Executive Office of the President and Funds Appropriated to the President</b> - 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) various other specified federal drug control programs; (7) the Partnership Fund for Program Integrity Innovation; and (8) 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 and for federal drug control programs, 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.

<b>Title III: The Judiciary</b> - 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; and (2) the first vacancy in such office in the northern district of Ohio occurring 19 (currently, 18) years or more after such confirmation date. (In effect lengthens to 19 years the period of the respective temporary judgeship in such districts.)

<b>Title IV: District of Columbia</b> - 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 DC Water and Sewer Authority; (8) to the Criminal Justice Coordinating Council; (9) to the Commission on Judicial Disabilities and Tenure; (10) to the Chief Financial Officer of the District; (11) for school improvement; (12) for a consolidated laboratory facility; (13) for the DC National Guards; (14) for housing for the homeless; (15) for youth services; and (16) for public health services.

Requires certain funds appropriated for operating expenses to be subject to the provisions of, allocated, and expended as proposed under &quot;Title III--District of Columbia Funds Divisions of Expenses&quot; of the Fiscal Year 2010 Proposed Budget and Financial Plan transmitted to the Mayor by the DC Council on June 5, 2009.

<b>Title V: Independent Agencies</b> - Makes appropriations for FY2010 for independent agencies, including: (1) the Administrative Conference of the United States; (2) the Consumer Product Safety Commission (CPSC); (3) the Election Assistance Commission, election reform programs; (4) the Federal Communication Commission (FCC); (5) the Federal Deposit Insurance Corporation (FDIC), for its Office of Inspector General; (6) the Federal Election Commission (FEC); (7) the Federal Labor Relations Authority (FLRA); (8) the Federal Trade Commission (FTC); (9) the General Services Administration (GSA); (10) government-wide policy and operating expenses; (11) the GSA Office of Inspector General; (12) the Electronic Government Fund; (13) allowances and office staff for former presidents; (14) the Office of Citizen Services Fund; (15) the Merit Systems Protection Board; (16) Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation; (17) the Environmental Dispute Resolution Fund; (18) the National Archives and Records Administration, including the Office of Inspector General; (19) the National Historic Publications and Records Commission Grants Program; (20) the National Credit Union Administration (NCUA); (21) the Credit Union Community Development Revolving Loan Fund; (22) the Office of Government Ethics; (23) the Office of Personnel Management (OPM), including the Office of Inspector General; (24) the government payment for annuitants, employee health benefits, employee life insurance, and the Civil Service Retirement and Disability Fund; (25) the Office of Special Counsel; (26) the Postal Regulatory Commission; (27) the Privacy and Civil Liberties Oversight Board; (28) the Securities and Exchange Commission (SEC); (29) the Selective Service System; (30) the Small Business Administration (SBA), including the Office of Inspector General; (31) the U.S. Postal Service; and (32) the U.S. Tax Court.

Sets forth certain transfers of funds.

(Sec. 506) 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. 507) 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.

<b>Title VI: General Provisions (This Act)</b> - 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 such request and during the same presidential administration; or (2) such request is required due to extraordinary circumstances involving national security.

(Sec. 611) Makes certain cost accounting standards promulgated under the Office of Federal Procurement Policy Act inapplicable to 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 such 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 such agency or commission, or represents such 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) Interprets, during FY2010, the term &quot;payment of cash in advance&quot; 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. 619) Prohibits the use of funds made available in this Act to implement or enforce the ban of Consumer Product Safety Improvement Act of 2008 against lead in children's toys in regards to off-highway vehicles.

(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.

<b> Title VII: General Provisions Government-Wide</b> - 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 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) 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. 735) 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. 736) Bars the use of funds in contravention of the Privacy Act or regulations concerning protection of privacy and freedom of information.

(Sec. 737) 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. 738) 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. 739) 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. 740) Bars the use of funds to implement, administer, enforce, or apply the rule entitled &quot;Competitive Area&quot; published by OPM in the Federal Register on April 15, 2008.

(Sec. 741) 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 in terms of: (1) emission of greenhouse gases; (2) use of renewable energy; (3) reduction in water use; (4) sustainable environmental practices; (5) toxic and hazardous chemicals; (6) construction and renovation practices; (7) vehicle consumption of petroleum products; and (8) use of electronic equipment and its disposition. Requires him to notify the appropriate congressional committees at least 15 days in advance of the change.

(Sec. 742) Requires: (1) each executive department and agency to report to OMB on the total size of its workforce, differentiated by number of civilian, military, and contract workers as of December 31, 2009; and (2) OMB to delineate the workforce data to the congressional appropriations committees by individual department and agency, as well as aggregate totals of civilian, military, and contract workers.

(Sec. 743) Requires the head of each federal department or agency, other than the Department of Defense (DOD), to report annually to Congress an inventory of specified activities performed during the preceding fiscal year pursuant to contracts for services.

(Sec. 744) Declares that Congress requests the President, and directs the Attorney General, to transmit to each chamber copies of any portions of all documents, records, and communications in their possession referring or relating to the notification of rights under <i>Miranda v. Arizona, </i>384 U.S. 436 (1966), by the DOJ, including all component agencies, to captured foreign persons who are suspected of terrorism and detainees in the custody of the U.S. Armed Forces.

(Sec. 745) Bars the use of funds to obtain a financial or ownership interest in an automobile manufacturer that deprives an automobile dealer of its economic rights under a dealer agreement and does not assume (or assign to a successor in interest) each dealer agreement which is valid and in existence (and has not been lawfully terminated) before the commencement, by such automobile manufacturer, of a federal bankruptcy case.

Requires an automobile manufacturer in which the federal government has a financial or ownership interest, where a valid existing dealer agreement is not assumed by or assigned to another automobile manufacturer after the original manufacturer's commencement of a case in bankruptcy, to require any new entity created in such a case to enter into a new dealer agreement with the dealer whose agreement was not so assumed or assigned, and on the same terms.

<b>Title VIII: General Provisions (District of Columbia)</b> - 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) 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 &quot;conscience clause&quot; which provides exceptions for religious beliefs and moral convictions.

(Sec. 811) Prohibits the use of funds contained in this Act to enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act or any tetrahydrocannabinols (THC) derivative.

(Sec. 812) Prohibits the expenditure of funds appropriated under this Act for abortions except where the mother's life would be endangered if the fetus were carried to term, or in cases of rape or incest.

(Sec. 815) Allows the transfer of amounts appropriated in this Act as operating funds to the District's enterprise and capital funds. Requires such transferred amounts to retain appropriation authority consistent with this Act.

(Sec. 816) Prohibits the use of funds contained in this Act to distribute sterile needles or syringes for the hypodermic injection of any illegal drug in any D.C. area which is within 1,000 feet of a public or private day care center, elementary school, vocational school, secondary school, college, junior college, or university, or any public swimming pool, park, playground, video arcade, or youth center, or an event sponsored by any such entity.

<b>Title IX: Additional General Provisions</b> - (Sec. 901) Bars the use of funds for first-class travel by temporary employees of federal departments and agencies in contravention of specified federal regulations.

Status of the Legislation

Latest Major Action: 7/20/2009: Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 115.

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