Omnibus Appropriations Act, 2009/Division F/Title IV

TITLE IV — Related Agencies

Committee for Purchase From People Who Are Blind or Severely Disabled

Salaries and Expenses

For expenses necessary for the Committee for Purchase From People Who Are Blind or Severely Disabled established by Public Law 92-28, $5,094,000.

Corporation for National and Community Service

operating expenses

For necessary expenses for the Corporation for National and Community Service to carry out the Domestic Volunteer Service Act of 1973 (``1973 Act´´) and the National and Community Service Act of 1990 (``1990 Act´´), $680,564,000, of which $309,835,000 shall be to carry out the 1973 Act and $370,729,000 shall be to carry out the 1990 Act:

Provided, That $27,500,000 of the amount provided under this heading shall be available to carry out subtitle E of the 1990 Act at five campuses throughout the United States:

Provided further, That up to 1 percent of program grant funds may be used to defray the costs of conducting grant application reviews, including the use of outside peer reviewers and electronic management of the grants cycle:

Provided further, That none of the funds made available under this heading for activities authorized by section 122 and part E of title II of the 1973 Act shall be used to provide stipends or other monetary incentives to program participants or volunteer leaders whose incomes exceed the income guidelines in subsections 211(e) and 213(b) of the 1973 Act:

Provided further, That notwithstanding subtitle H of title I of the 1990 Act, none of the funds provided for quality and innovation activities shall be used to support salaries and related expenses (including travel) attributable to Corporation for National and Community Service employees:

Provided further, That of the amounts provided under this heading: (1) not more than $55,000,000 of grants made under subtitle C of the 1990 Act may be used to administer, reimburse, or support any national service program authorized under section 129(d)(2) of the 1990 Act; and (2) $11,790,000 shall be to provide assistance to State commissions on national and community service, under section 126(a) of the 1990 Act and notwithstanding section 501(a)(4) of the 1990 Act.

national service trust

(Including transfer of funds)

For necessary expenses for the National Service Trust established under subtitle D of title I of the National and Community Service Act of 1990 (``1990 Act´´), $131,075,000, to remain available until expended:

Provided, That the Corporation for National and Community Service may transfer additional funds from the amount provided within ``Operating Expenses´´ for grants made under subtitle C of the 1990 Act to this appropriation upon determination that such transfer is necessary to support the activities of national service participants and after notice is transmitted to the Committees on Appropriations of the House of Representatives and the Senate:

Provided further, That amounts appropriated for or transferred to the National Service Trust may be invested under section 145(b) of the 1990 Act without regard to the requirement to apportion funds under 31 U.S.C. 1513(b).

Salaries and Expenses

For necessary expenses of administration as provided under section 501(a)(4) of the National and Community Service Act of 1990 and under section 504(a) of the Domestic Volunteer Service Act of 1973, including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms in the District of Columbia, the employment of experts and consultants authorized under 5 U.S.C. 3109, and not to exceed $2,500 for official reception and representation expenses, $71,715,000.

Office of Inspector General

For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, $6,512,000.

Administrative Provisions

Sec. 401.

Notwithstanding any other provision of law, the term ``qualified student loan´´ with respect to national service education awards shall mean any loan determined by an institution of higher education to be necessary to cover a student's cost of attendance at such institution and made, insured, or guaranteed directly to a student by a State agency, in addition to other meanings under section 148(b)(7) of the National and Community Service Act of 1990.

Sec. 402.

Notwithstanding any other provision of law, funds made available under section 129(d)(5)(B) of the National and Community Service Act of 1990 (``1990 Act´´) to assist entities in placing applicants who are individuals with disabilities may be provided to any entity that receives a grant under section 121 of the 1990 Act.

Sec. 403.

The Corporation for National and Community Service (``the Corporation´´) shall make any significant changes to program requirements, service delivery or policy only through public notice and comment rulemaking. For fiscal year 2009, during any grant selection process, an officer or employee of the Corporation shall not knowingly disclose any covered grant selection information regarding such selection, directly or indirectly, to any person other than an officer or employee of the Corporation that is authorized by the Corporation to receive such information.

Sec. 404.

Professional Corps programs described in section 122(a)(8) of the National and Community Service Act of 1990 may apply to the Corporation for National and Community Service for a waiver of application of section 140(c)(2).

Sec. 405.

Notwithstanding 31 U.S.C. 1342, the Corporation for National and Community Service (``the Corporation´´) may solicit and accept the services of organizations and individuals (other than participants) to assist the Corporation in carrying out the duties of the Corporation under the national service laws:

Provided, That an individual who provides services under this section shall be subject to the same protections and limitations as volunteers under section 196(a) of the National and Community Service Act of 1990.

Sec. 406.

Organizations operating projects under the AmeriCorps Education Awards Program shall do so without regard to the requirements of sections 121(d) and (e), 131(e), 132, and 140(a), (d), and (e) of the National and Community Service Act of 1990.

Sec. 407.

AmeriCorps programs receiving grants under the National Service Trust program shall meet an overall minimum share requirement of 24 percent for the first three years that they receive AmeriCorps funding, and thereafter shall meet the overall minimum share requirement as provided in section 2521.60 of title 45, Code of Federal Regulations, without regard to the operating costs match requirement in section 121(e) or the member support Federal share limitations in section 140 of the National and Community Service Act of 1990, and subject to partial waiver consistent with section 2521.70 of title 45, Code of Federal Regulations.

Sec. 408.

Notwithstanding any other provision of law, formula-based grants to States and territories under section 129(a)(1)-(2) of the National and Community Service Act of 1990 to operate AmeriCorps programs may be made if the application describes proposed positions into which participants will be placed, the proposed minimum qualifications of such participants, and includes an assurance that the State will select national service programs for subgrants on a competitive basis, and an assurance that the aforementioned information will be provided for each subgrant awarded prior to the execution of such subgrants.

(Transfer of funds)

Sec. 409.

For fiscal year 2009 and thereafter, in addition to amounts otherwise provided to the National Service Trust, at no later than the end of the fifth fiscal year after the fiscal year for which funds are appropriated or otherwise made available, unobligated balances of appropriations available for grants under the National Service Trust Program under subtitle C of title I of the 1990 Act during such fiscal year may be transferred to the National Service Trust after notice is transmitted to the Committees on Appropriations of the House of Representatives and the Senate, if such funds are initially obligated before the expiration of their period of availability.

Sec. 410.

Of the amounts provided in this Act which the Corporation for National and Community Service (``the Corporation´´) allocates for the provision of assistance under subsections 129(a) and (b) of the National and Community Service Act of 1990 (``1990 Act´´), the Corporation shall apply the formula in section 129(a)(1) of the 1990 Act in such a manner so as to ensure that each State shall receive a minimum of $500,000:

Provided, That, in no event shall the total amount allotted under section 129(a)(1) exceed 33\1/3\ percent of the funds allocated by the Corporation for the provision of assistance under subsections 129(a) and (b) of the 1990 Act.

Sec. 411.

Notwithstanding section 139(b) of the National and Community Service Act of 1990 (``1990 Act´´), an individual in an approved national service position performing full-time or part-time national service directly related to disaster relief efforts may continue in that term of service for a period of 6 months beyond the periods otherwise specified in sections 139(b) and 153(e) of the 1990 Act or section 104 of the Domestic Volunteer Service Act of 1973. Service in an extended term as provided under this section shall constitute a single term of service for purposes of sections 146(b) and (c) of the 1990 Act.

Sec. 412.

Donations made to the Corporation for National and Community Service (``the Corporation´´) under section 196 of the National and Community Service Act of 1990 (``1990 Act´´) for the purposes of financing programs and operations under titles I and II of the 1973 Act or subtitles B, C, D, or E of title I of the 1990 Act shall be used to supplement and not supplant current programs and operations.

Corporation for Public Broadcasting

For payment to the Corporation for Public Broadcasting (``Corporation´´), as authorized by the Communications Act of 1934, an amount which shall be available within limitations specified by that Act, for the fiscal year 2011, $430,000,000:

Provided, That no funds made available to the Corporation by this Act shall be used to pay for receptions, parties, or similar forms of entertainment for Government officials or employees:

Provided further, That none of the funds contained in this paragraph shall be available or used to aid or support any program or activity from which any person is excluded, or is denied benefits, or is discriminated against, on the basis of race, color, national origin, religion, or sex:

Provided further, That no funds made available to the Corporation by this Act shall be used to apply any political test or qualification in selecting, appointing, promoting, or taking any other personnel action with respect to officers, agents, and employees of the Corporation:

Provided further, That for fiscal year 2009, in addition to the amounts provided above, $34,591,000 shall be for costs related to digital program production, development, and distribution, associated with the transition of public broadcasting to digital broadcasting, to be awarded as determined by the Corporation in consultation with public radio and television licensees or permittees, or their designated representatives:

Provided further, That for fiscal year 2009, in addition to the amounts provided above, $26,642,000 is available pursuant to section 396(k)(10) of the Communications Act of 1934 for replacement and upgrade of the public radio interconnection system:

Provided further, That none of the funds made available to the Corporation by this Act, division G of the Consolidated Appropriations Act, 2008, or the Continuing Appropriations Resolution, 2007, shall be used to support the Television Future Fund or any similar purpose.

Federal Mediation and Conciliation Service

Salaries and expenses

For expenses necessary for the Federal Mediation and Conciliation Service (``Service´´) to carry out the functions vested in it by the Labor Management Relations Act, 1947, including hire of passenger motor vehicles; for expenses necessary for the Labor-Management Cooperation Act of 1978; and for expenses necessary for the Service to carry out the functions vested in it by the Civil Service Reform Act, $45,476,000:

Provided, That notwithstanding 31 U.S.C. 3302, fees charged, up to full-cost recovery, for special training activities and other conflict resolution services and technical assistance, including those provided to foreign governments and international organizations, and for arbitration services shall be credited to and merged with this account, and shall remain available until expended:

Provided further, That fees for arbitration services shall be available only for education, training, and professional development of the agency workforce:

Provided further, That the Director of the Service is authorized to accept and use on behalf of the United States gifts of services and real, personal, or other property in the aid of any projects or functions within the Director's jurisdiction.

Federal Mine Safety and Health Review Commission

Salaries and Expenses

For expenses necessary for the Federal Mine Safety and Health Review Commission, $8,653,000.

Institute of Museum and Library Services

office of museum and library services: grants and administration

For carrying out the Museum and Library Services Act of 1996 and the National Museum of African American History and Culture Act, $274,840,000, of which $10,737,000 shall be used for the projects, and in the amounts, specified under the heading ``Office of Museum and Library Services: Grants and Administration´´ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act):

Provided, That funds may be made available for support through inter-agency agreement or grant to commemorative Federal commissions that support museum and library activities, in partnership with libraries and museums that are eligible for funding under programs carried out by the Institute of Museum and Library Services.

Medicare Payment Advisory Commission

Salaries and expenses

For expenses necessary to carry out section 1805 of the Social Security Act, $11,403,000, to be transferred to this appropriation from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund.

National Council on Disability

Salaries and Expenses

For expenses necessary for the National Council on Disability as authorized by title IV of the Rehabilitation Act of 1973, $3,206,000.

National Labor Relations Board

Salaries and Expenses

For expenses necessary for the National Labor Relations Board to carry out the functions vested in it by the Labor-Management Relations Act, 1947, and other laws, $262,595,000:

Provided, That no part of this appropriation shall be available to organize or assist in organizing agricultural laborers or used in connection with investigations, hearings, directives, or orders concerning bargaining units composed of agricultural laborers as referred to in section 2(3) of the Act of July 5, 1935, and as amended by the Labor-Management Relations Act, 1947, and as defined in section 3(f) of the Act of June 25, 1938, and including in said definition employees engaged in the maintenance and operation of ditches, canals, reservoirs, and waterways when maintained or operated on a mutual, nonprofit basis and at least 95 percent of the water stored or supplied thereby is used for farming purposes.

National Mediation Board

Salaries and Expenses

For expenses necessary to carry out the provisions of the Railway Labor Act, including emergency boards appointed by the President, $12,992,000.

Occupational Safety and Health Review Commission

Salaries and Expenses

For expenses necessary for the Occupational Safety and Health Review Commission, $11,186,000.

Railroad Retirement Board

Dual Benefits Payments Account

For payment to the Dual Benefits Payments Account, authorized under section 15(d) of the Railroad Retirement Act of 1974, $72,000,000, which shall include amounts becoming available in fiscal year 2009 pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition, an amount, not to exceed 2 percent of the amount provided herein, shall be available proportional to the amount by which the product of recipients and the average benefit received exceeds the amount available for payment of vested dual benefits:

Provided, That the total amount provided herein shall be credited in 12 approximately equal amounts on the first day of each month in the fiscal year.

Federal Payments to the Railroad Retirement Accounts

For payment to the accounts established in the Treasury for the payment of benefits under the Railroad Retirement Act of 1974 for interest earned on unnegotiated checks, $150,000, to remain available through September 30, 2010, which shall be the maximum amount available for payment pursuant to section 417 of Public Law 98-76.

Limitation on Administration

For necessary expenses for the Railroad Retirement Board (``Board´´) for administration of the Railroad Retirement Act and the Railroad Unemployment Insurance Act, $105,463,000, to be derived in such amounts as determined by the Board from the railroad retirement accounts and from moneys credited to the railroad unemployment insurance administration fund.

Limitation on the office of inspector general

For expenses necessary for the Office of Inspector General (``Office´´) for audit, investigatory and review activities, as authorized by the Inspector General Act of 1978, not more than $7,806,000, to be derived from the railroad retirement accounts and railroad unemployment insurance account:

Provided, That none of the funds made available in any other paragraph of this Act may be transferred to the Office; used to carry out any such transfer; used to provide any office space, equipment, office supplies, communications facilities or services, maintenance services, or administrative services for the Office; used to pay any salary, benefit, or award for any personnel of the Office; used to pay any other operating expense of the Office; or used to reimburse the Office for any service provided, or expense incurred, by the Office, except as permitted pursuant to the last proviso under this heading in division G of the Consolidated Appropriations Act, 2008.

Social Security Administration

Payments to Social Security Trust Funds

For payment to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, as provided under sections 201(m), 228(g), and 1131(b)(2) of the Social Security Act, $20,406,000.

Supplemental Security Income Program

For carrying out titles XI and XVI of the Social Security Act, section 401 of Public Law 92-603, section 212 of Public Law 93-66, as amended, and section 405 of Public Law 95-216, including payment to the Social Security trust funds for administrative expenses incurred pursuant to section 201(g)(1) of the Social Security Act, $30,471,537,000, to remain available until expended:

Provided, That any portion of the funds provided to a State in the current fiscal year and not obligated by the State during that year shall be returned to the Treasury.

For making, after June 15 of the current fiscal year, benefit payments to individuals under title XVI of the Social Security Act, for unanticipated costs incurred for the current fiscal year, such sums as may be necessary.

For making benefit payments under title XVI of the Social Security Act for the first quarter of fiscal year 2010, $15,400,000,000, to remain available until expended.

Limitation on Administrative Expenses

For necessary expenses, including the hire of two passenger motor vehicles, and not to exceed $15,000 for official reception and representation expenses, not more than $10,067,500,000 may be expended, as authorized by section 201(g)(1) of the Social Security Act, from any one or all of the trust funds referred to therein:

Provided, That not less than $2,000,000 shall be for the Social Security Advisory Board:

Provided further, That unobligated balances of funds provided under this paragraph at the end of fiscal year 2009 not needed for fiscal year 2009 shall remain available until expended to invest in the Social Security Administration information technology and telecommunications hardware and software infrastructure, including related equipment and non-payroll administrative expenses associated solely with this information technology and telecommunications infrastructure:

Provided further, That reimbursement to the trust funds under this heading for expenditures for official time for employees of the Social Security Administration pursuant to 5 U.S.C. 7131, and for facilities or support services for labor organizations pursuant to policies, regulations, or procedures referred to in section 7135(b) of such title shall be made by the Secretary of the Treasury, with interest, from amounts in the general fund not otherwise appropriated, as soon as possible after such expenditures are made.

From funds provided under the first paragraph, not less than $264,000,000 shall be available for the cost associated with conducting continuing disability reviews under titles II and XVI of the Social Security Act and for the cost associated with conducting redeterminations of eligibility under title XVI of the Social Security Act.

In addition to the amounts made available above, and subject to the same terms and conditions, $240,000,000, for additional continuing disability reviews and redeterminations of eligibility:

Provided, That the Commissioner shall provide to the Congress (at the conclusion of the fiscal year) a report on the obligation and expenditure of these additional amounts, similar to the reports that were required by section 103(d)(2) of Public Law 104-121 for fiscal years 1996 through 2002.

In addition, $145,000,000 to be derived from administration fees in excess of $5.00 per supplementary payment collected pursuant to section 1616(d) of the Social Security Act or section 212(b)(3) of Public Law 93-66, which shall remain available until expended. To the extent that the amounts collected pursuant to such sections in fiscal year 2009 exceed $145,000,000, the amounts shall be available in fiscal year 2010 only to the extent provided in advance in appropriations Acts.

In addition, up to $1,000,000 to be derived from fees collected pursuant to section 303(c) of the Social Security Protection Act, which shall remain available until expended.

Office of inspector general

(Including transfer of funds)

For expenses necessary for the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $28,000,000, together with not to exceed $70,127,000, to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund.

In addition, an amount not to exceed 3 percent of the total provided in this appropriation may be transferred from the ``Limitation on Administrative Expenses´´, Social Security Administration, to be merged with this account, to be available for the time and purposes for which this account is available:

Provided, That notice of such transfers shall be transmitted promptly to the Committees on Appropriations of the House of Representatives and the Senate.