Senate Democrats

The Conference Report to Accompany H.R. 3288: the Consolidated Appropriations Act, 2010

Summary

The Consolidated Appropriations Act, 2010 (H.R.3288) is an appropriations bill that contains six Fiscal Year 2010 appropriations bills.  If enacted, this bill would make $446.8 billion in fiscally-responsible investments that reflect the priorities of America’s families with funding for Transportation, Housing and Urban Development; Commerce, Justice, Science;Financial Services;Labor, Health and Education;Military Construction and Veterans Affairs; andState and Foreign Operations

The Senate is expected to consider H.R.3288 the weekend of December 12.

Major Provisions

For additional summaries, joint explanatory statements, and the full legislative text, please see the U.S. Senate Committee on Appropriations website.

Transportation and Housing and Urban Development and Related Agencies

Division A of the Consolidated Appropriations Act, 2010 (H.R.3288) would provide funding for road construction, mass transit, rail, airports, housing, and community and economic development.  Funding is also included for numerous safety-related programs.  In total, Division A would appropriate $122.1 billion, which is $13.4 billion more than was appropriated in Fiscal Year 2009, excluding the Recovery Act funding, and $977.4 million less than the President’s budget request.  Major provisions of Division A include:

Transportation

Federal Aviation Administration. H.R.3288 would provide a total of $15.6 billion for the Federal Aviation Administration, which is $220.9 million more than was appropriated in Fiscal Year 2009.  Specifically, the legislation would allocate $9.35 billion for Federal Aviation Administration operations that would be used to improve safety and support air traffic services, and to boost hiring and training of air traffic controllers and aviation safety inspectors.

Federal Highway Administration.  H.R.3288 would appropriate $650 million for highway investment in addition to the $41.1 billion supplied by the Federal-Aid Highway program, which combined is over $1 billion more than was provided in Fiscal Year 2009.

Amtrak. H.R.3288 would allocate $1.56 billion for the National Railroad Passenger Corporation (Amtrak), which is $74.6 million more than was appropriated in Fiscal Year 2009.  Amtrak served more than 27.2 million passengers last fiscal year.

High Speed and Intercity Rail.  H.R.3288 would appropriate $2.5 billion for grants to support intercity rail service and high speed rail corridors.  The American Recovery and Reinvestment Act previously provided $8 billion in capital assistance for improved rail service between cities and high speed rail corridors, and $90 million was provided for intercity and high speed rail in Fiscal Year 2009.

Federal Transit Administration. H.R.3288 would fund the Federal Transit Administration at $10.7 billion, which is $601.5 million more than was appropriated in Fiscal Year 2009.  Included in the total investment for the Federal Transit Administration is $150 million for capital and preventive maintenance grants for the Washington Metropolitan Area Transportation Authority, $2 billion in capital investments grants that would be used for the expansion of public transportation and commuter rail service, and $8.34 billion for formula and bus grants for the on-going capital and operating needs of urban and rural transit systems.

Housing and Urban Development

Tenant-Based Rental Assistance.  H.R.3288 would provide $18.18 billion for Section 8 tenant-based rental assistance, which is $348 million above the budget request and $1.2 billion above the Fiscal Year 2009 funding level, for Americans in need of adequate and safe housing.  Nearly $16.34 billion of this amount would be for voucher renewals, $120 million for tenant protection vouchers, $75 million for Veterans Affairs Housing Vouchers, $15 million for family unification incremental vouchers, and $60 million for family self-sufficiency coordinators.

Public Housing Capital Fund.  H.R.3288 would provide $2.5 billion, $50 million above the 2009 funding level, to Public Housing Authorities to make critical repairs and improvements to public housing units and improve living conditions for residents.

Public Housing Operating Fund.  H.R.3288 would provide $4.78 billion, $320 million above the 2009 funding level, for maintenance, crime prevention, and energy costs at public housing units. 

Revitalization of Severely Distressed Public Housing (HOPE VI).  H.R.3288 would provide $200 million for HOPE VI for competitive grants to revitalize neighborhoods with deteriorating public housing projects, including demolition of public housing and construction of mixed-income housing.  Within this amount, $65 million is for a demonstration on the Choice Neighborhood’s Initiative, which allows grants to be used on both public and HUD-assisted housing in an effort to transform neighborhoods of poverty into functioning, sustainable mixed income communities. 

Native American Housing Block Grants.  H.R.3288 would provide $700 million for these grants, which is $55 million above the 2009 funding level.  This program provides an allocation of funds on a formula basis to Indian tribes and their tribally-designated housing entities to help them address the housing needs within their communities.  $3.5 million of this funding would be allocated for a national Native American housing organization to provide training and technical assistance to Indian Housing authorities and tribally designated housing entities as authorized by the Native American Housing Assistance and Self Determination Act.

Native Hawaiian Housing Block Grant.  H.R.3288 would provide $13 million for these grants to State of Hawaiian Home Lands for housing and housing related assistance to development, maintain, and operate affordable housing for low-income Native Hawaiian families. 

Housing Opportunities for Persons with AIDS (HOPWA).  H.R.3288 would provide $335 million for HOPWA, which is designed to provide states and localities with resources and incentives to devise long-term comprehensive strategies for meeting the housing needs of persons living with HIV/AIDS, more than 50 percent of whom are homeless, and their families.

Community Development Fund.  H.R.3288 would provide $4.45 billion, which is $550 million above the 2009 funding level, to fund community and economic development projects in 1,180 localities.  This amount includes $150 million for the Sustainable Communities Initiative and $25 million for the Rural Innovation Fund.

Brownfields Redevelopment.  H.R.3288 would provide $17.5 million, which is $7.5 million above the 2009 level, to provide competitive economic development grants to cities for the redevelopment of abandoned, idled, and underused industrial and commercial facilities where development is hindered by real or potential environmental contamination.

Home Investment Partnerships Program.  H.R.3288 would provide $1.83 billion to provide assistance to state and local governments for the purpose of expanding the supply and affordability of housing to low- and very low-income people. 

Self-help and Assisted Homeownership Program.  H.R.3288 would provide $82 million for this account toassist low-income homebuyers who are willing to contribute to the building of their houses.

Homeless Assistance Grants. H.R.3288 would provide $1.87 billion, which is $188 million above the 2009 funding level, for these grants to break the cycle of homelessness and to move homeless persons and families into permanent housing by providing rental assistance, emergency shelter, transitional and permanent housing, and supportive services to homeless persons and families.

Project-Based Rental Assistance.  H.R.3288 would provide $8.55 billion to also provide affordable housing to low-income families and individuals.

Housing for the Elderly. H.R.3288 would provide $825 million, which is $60 million above the 2009 funding level, to provide capital grants under Section 202 to eligible entities for the acquisition, rehabilitation, or construction of housing for low-income seniors.

Housing for the Disabled. H.R.3288 would provide $300 million, which is $50 million above the 2009 funding level, to provide capital grants under Section 811 to eligible entities for the acquisition, rehabilitation, or construction of housing for persons with disabilities.

Housing Counseling Assistance. H.R.3288 would provide $87.5 million for this account, which is $22.5 million above the 2009 funding level, to continue pre-purchase counseling and foreclosure prevent counseling to homeowners.

Energy Innovation Fund.  H.R.3288 would provide $50 million for single family and multifamily mortgage pilot programs for energy-efficient housing. 

Federal Housing Administration (FHA).  H.R.3288 would establish a $400 billion limitation on commitments to guarantee single-family loans during Fiscal Year 2010 within the Mutual Mortgage Insurance Program Account. 

Government National Mortgage Association.  H.R.3288 would establish a $500 billion limitation on new commitments in the Guarantees of Mortgage-back Securities Loan Guarantee Program Account.  This association, also known as Ginnie Mae, guarantees privately issued securities backed by mortgages insured or guaranteed by FHA, the VA, or the Rural Housing Service.

Fair Housing and Equal Opportunity.  H.R.3288 would provide $72 million for this program.   The fair housing activities appropriation includes funding for the Fair Housing Assistance Program (FHAP), which provides prompt processing of title VIII complaints, and the Fair Housing Initiatives Program (FHIP), which is designed to alleviate housing discrimination by increasing support to public and private organizations.  

Related Agencies

Neighborhood Reinvestment Corporation.  H.R.3288 would provide $233 million for this account to counsel families in danger of losing their homes to foreclosure.  This amount is $52 million above the 2009 funding level and includes $65 million for National Foreclosure Mitigation Counseling.

Commerce, Justice, Science, and Related Agencies

Division B of the Consolidated Appropriations Act, 2010 would strengthen the economy and promote American competitiveness, protect our nation from terrorism and violent crime, and promote scientific advancements.  In total, Division B would provide $64.42 billion in funding for the Department of Commerce (including the National Institute of Standards and Technology Research (NIST), Department of Justice (including the Federal Bureau of Investigation (FBI), and Science related agencies (including the National Aeronautics and Space Administration (NASA) for Fiscal Year 2009.  This is $196 billion below the President’s request and $6.8 billion above the Fiscal Year 2009 funding level.  Major provisions of Division B include:

Commerce

International Trade Administration (ITA).  H.R.3288 would provide $456.2 million for ITA, which will help the United States enforce trade laws and improve American competitiveness.

Economic Development Administration.  H.R.3288 would provide $293 million to attract private investment to create jobs and help communities address economic challenges through innovation, including “green” practices, and competiveness.  This amount includes $15.8 million for the Trade Adjustment Assistance (TAA) program and $38.62 million for the Economic Adjustment Assistance program.

Minority Business Development Agency.  H.R.3288 would provide $31.5 million for this agency to foster, promote, and develop minority-owned businesses. 

Census Bureau.  H.R.3288 would provide $7.3 billion, $4.2 billion above the 2009 funding level, to prepare, conduct, and hire one million workers for the 2010 Census. 

United States Patent and Trademark Office (USPTO).  H.R.3288 would provide $1.89 billion for the patent office.  The bill also includes policy provisions on the growing backlog of patent applications and directs the USPTO to take actions to reduce duplication of work already being performed by another patent office without compromising the sovereignty of the United States.

National Institute of Standards and Technology (NIST).  H.R.3288 would provide $856.5 million, $37.6 million above the Fiscal Year 2009 funding level, when excluding emergency appropriations.  Included in this appropriation is $125 million for Manufacturing Extension Partnerships, which help small and mid-size manufactures to compete globally, and $70 million for the Technology Innovation Program, which provides high-risk, high-reward research in areas of critical national need.

National Oceanic and Atmospheric Administration (NOAA).  H.R.3288 would appropriate $4.74 billion to NOAA, which is $372.3 million more than was appropriated in Fiscal Year 2009, when excluding emergency appropriations.  NOAA is responsible for understanding and predicting changes in the Earth’s environment and managing the nation’s coastal and marine resources.

Justice

State and Local Law Enforcement and Crime Prevention Grants. H.R.3288 would provide $3.71 billion for state and local law enforcement and crime prevention grants, including the Community Organized Policing Services (COPS), which gives police departments across the country the technology and training tools needed to prevent, detect, and stop traditional street crime.  This appropriation is $480 million above the 2009 funding levels and takes further steps to restore the more than $2 billion in cuts made to state and local law enforcement programs during the Bush Administration. 

·         COPS.  H.R.3288 would provide $791.6 million, including $298 million for COPS Hiring Grants to hire approximately 1,400 officers.

·         Office on Violence Against Women.  H.R.3288 would provide $418.5 million, $29.5 million above the 2009 funding level, to prevent and prosecute violent crimes against women and better help victims of domestic violence, sexual assault and stalking.  All other Violence Against Women Act programs meet 2009 funding levels.

·         Office of Justice Programs.  H.R.3288 would provide $2.28 billion for Byrne Justice Assistance Grants ($519 million), Byrne Discretionary Grants ($185.27 million), Byrne Competitive Grants ($40 million), the State Criminal Alien Assistance Program ($330 million), Tribal Assistance ($50 million), drug courts ($45 million), Second Chance Act ($100 million), and programs for at risk youth and missing, abused or exploited children ($494 million). 

Federal Bureau of Investigation.  H.R.3288 would provide $7.9 billion for the FBI, which $680 million above the 2009 funding level, to address the nation’s criminal law enforcement priorities and national security needs.   The appropriation includes $101 million for the FBI’s overseas contingency operations, which used to be funded through supplemental requests.

United States Marshals Service (USMS).  H.R.3288 would provide $1.13 billion for USMS to provide judicial security, apprehend federal fugitives, protect federal witness, transport and detain prisoners, manage seized and forfeited assets, and engage in various other missions that respond to the nation’s homeland security and emergency needs.

Drug Enforcement Administration.  H.R.3288 would provide $2.02 billion for programs to fight illegal drug use.  This amount is $81 million above the 2009 funding level. 

Bureau of Alcohol, Tobacco and Firearms.  H.R.3288 would provide $1.11 billion, $67 million above the 2009 funding level, to investigate violent crime, arson, firearms trafficking, and crimes involving explosive.

Federal Bureau of Prisons.  H.R.3288 would provide $6.2 billion to address rising costs and overcrowded prisons. 

Adam Walsh and Child Exploitation.  H.R.3288 would provide $353.5 million, $63.6 million above the 2009 funding level, to locate missing children, investigate child pornography and prostitution, and begin to track down registered sex offenders whose whereabouts are unknown. 

Southwest Border Initiative.  H.R.3288 would provide $1.5 billion across several Department accounts, $339 million above the 2009 funding level, to combat violence, illegal weapons transfer, and drug trafficking; capture dangerous criminals; and improve law enforcement at the Southwest Border.

GITMO Detainees Policy.  H.R.3288 would place restrictions on the Administration’s transfer and release of detainees held at Guantanamo Bay.  The legislation would: 1) prohibit current detainees from being released in the United States; 2) prohibit detainees from being transferred to the United States, except to be prosecuted and only 45 days after Congress receives a plan detailing risk, legal rationale, and state notification; 3) prohibit transfer of a detainee to another country unless Congress receive 15 days notification; and 4) require a report detailing the disposition of each detainee before the GITMO facility can be closed.

Science

National Aeronautics and Space Administration (NASA).  H.R.3288 would provide $18.72 billion to NASA, which is $941.9 million more than was appropriated in Fiscal Year 2009.  The National Aeronautics and Space Administration supports earth and climate change science as well as space exploration.

National Science Foundation (NSF). H.R.3288 would provide $6.93 billion for the NSF, which is $436.1 million more than was appropriated in Fiscal Year 2009, when excluding emergency appropriations.  The National Science Foundation is one of the primary sources for university and college based science research.

Related Agencies

Equal Employment Opportunity Commission (EEOC).  The H.R.3288 would provide $367 million, $23 million above the 2009 funding level, to reduce the 70,000 case backlog of pending EEOC cases. 

Legal Services Corporation. H.R.3288 would provide $420 million, $30 million above the 2009 funding level, for legal assistance to people who are unable to afford it.  The bill would also lift existing restrictions on recovery of attorneys’ fees by grantees.

Financial Services and General Government

Division C of theConsolidated Appropriations Act, 2010 would provide funding for key investments to improve government services for the American people, including improving services for taxpayers, community development, supporting small businesses, and strengthening the judicial system.  In total, Division Cwould provide $24.186 billion in discretionary appropriations, which is $1.635 billion more than was appropriated for the Fiscal Year 2009 and $40 million less than the President’s request. 

Regulatory Agencies

To protect consumers, taxpayers and investors, H.R. 3288 would rebuild regulatory agencies by providing appropriations for:

·         Securities and Exchange Commission.  To strengthen and enforce rules that govern investments and financial markets and to detect and prosecute fraudulent schemes, H.R. 3288 would provide $1.111 billion for the SEC.

·         Federal Trade Commission.  To protect consumers and combat anti-competitive behavior, H.R. 3288 would provide $292 million for the FTC.  This funding will strengthen the Commission’s capacity to investigate and prosecute unfair and deceptive practices in areas such as foreclosure rescue and credit repair services, non-bank mortgage lending, payday loans, and debt collection.

·         Consumer Product Safety Commission.  To keep unsafe products from the marketplace, H.R. 3288 would provide $118 million for the CPSC.  Funds will be used, inter alia, to continue implementing the landmark bi-partisan consumer protection legislation enacted in 2008 in response to massive product recalls, including children’s toys from China.

·         Inspector Generals.  To ensure that we have strong oversight in our agencies, H.R. 3288 would provide $23 million for the Special Inspector General for the Troubled Asset Relief Program; $30 million for the Treasury Inspector General; $38 million for the FDIC Inspector General; and $4 million for the SEC Inspector General (a first time independent appropriations as a safeguard against unwarranted interference).

Small Businesses and Disadvantaged Communities

H.R.3288 would provide appropriations for:

·         Small Business Administration.  To support the small businesses that have created 64 percent of new jobs in this country and are crucial to getting the American economy back on track, H.R. 3288 would provide $824 million, including $28 billion in new lending to small businesses — critically important for firms having trouble borrowing funds in the current tight credit market; $25 million in new microlending and $22 million in related microloan technical assistance; $113 million for the Small Business Development Centers located throughout the country; and $8 million for technical assistance to low-income small business owners.

·         Community Development Financial Institutions.  Tohelp supply credit to disadvantaged communities, H.R. 3288 would provide $247 million, which includes $80 million to launch the Capital Magnet Fund, a competitive grant program for development and renovation of low-income housing.

Taxpayer Services and Oversight 

H.R. 3288 would provide $5.504 billion for IRS tax enforcement.  This increased appropriation would fund the Administration’s initiative to target wealthy individuals and businesses who avoid U.S. taxes by parking money in overseas tax havens.  H.R. 3288 would also provide $2.270 billion for tax payer services, including $685 million for pre-filing taxpayer assistance and education and $206 million to help individuals solve ongoing tax problems with the IRS.

Federal Judiciary

H.R. 3288 would provide $6.432 billion to support the Judicial Branch.  This funding would, inter alia, fund 300 additional staff for the bankruptcy courts, to help deal with the 55 percent increase in bankruptcy filings since 2008, add other staff to handle increased caseloads, and provide a $15 increase in payment rates for attorneys appointed to represent criminal defendants who cannot afford to hire a lawyer.

District of Columbia 

H.R. 3288 would provide appropriations for:

·         D.C. Courts and Related Agencies.  $566 million to fund the District of Columbia courts and for related defender services and pre-trial and post-conviction supervision programs.

·         Assistance to D.C. Students.  $111 million, including$35 million for college tuition support, $62 million for improvements to public and charter schools, and $13 million for continuation of the school voucher program for students already enrolled in the program.

·         New Initiatives for Priority Needs.  $17 million for housing for the homeless and $4 million to assist youth that are disconnected from positive school or work influences.

In addition, the bill would remove certain restrictions on D.C. H.R. 3288 would eliminate a prohibition on the use of local tax funds for abortion; allow D.C. to use local funds implement a referendum on the use of medical marijuana; allow federal funds to the District to be used for a needle exchange program; and eliminate a ban on the use of funds for domestic

Other Important Programs

H.R. 3288 would provide appropriations for the Office of National Drug Control Policy, including funding for the Drug-Free Communities Grants ($95 million); High-Intensity Drug Trafficking Areas ($239 million); and the National Youth Anti-Drug Media Campaign ($45 million. 

The bill would also provide funding for the Financial Crimes Enforcement Network (FinCEN) ($111 million), election programs to help state and local governments improve and conduct elections ($92.9 million); General Services Administration Federal Buildings Fund ($8.544 billion); National Archives and Records Administration ($457 million); and the Executive Office of the President ($344 million).

Labor, Health and Human Services, Education, and Related Agencies

Division D of the Consolidated Appropriations Act, 2010 would provide funding for health care, research, job training, financial aid and other initiatives.  In total, Division D would appropriate $163.57 billion in discretionary funding for the Departments of Labor, Health and Human Services, Education and related agencies.  This amount is $3.7 billion above the Fiscal Year 2009 funding level, excluding Recovery Act funding.

Health and Human Services

Critical Medical Research.  The National Institutes of Health (NIH) is the primary federal agency for conducting and supporting medical research.   Composed of 27 Institutes and Centers, the NIH provides leadership and financial support to researchers in every state and throughout the world.  H.R.3288 would provide $31 billion to the NIH to fund research into diseases such as cancer, Alzheimer’s, and diabetes.   This funding level is $692 million above last year.

Health Promotion Programs.  The Centers for Disease Control and Prevention (CDC) provides numerous public health programs including those that promote healthy behaviors, prevent disease, and investigate health problems and prepare for emerging health threats.  The legislation would provide $6.8 billion for the public health programs administered by the CDC at the federal, state and local levels.  This amount is $128 million above last year. 

Access to Health Care.  H.R.3288 would provide $2.2 billion, equal to the 2009 funding level, for the Community Health Centers program, which includes community health centers, migrant health centers, and health care centers for the homeless.  These organizations provide primary health care and social services for approximately 17 million patients, 40 percent of whom are uninsured, without other access to care. 

Training for Health Professionals.  The legislation provides $498 million, $105 million above 2009, for Health Professions Training programs.  This funding will train doctors and other medical personnel providing improved access to critical health care services.  The Kaiser Family Foundation estimates that the nursing shortage facing the United States will grow to 340,000 in 2020.  Of the funding in H.R.3288, $243.9 million will fund nurse education programs, $72.8 million above 2009.  

Mental Health Services.  The Substance Abuse and Mental Health Services Administration (SAMHSA) administers mental health programs.  H.R.3288 provides $1 billion for SAMHSA, a $36 million increase over the 2009 funding level.

Healthcare-Associated Infections (HAIs).  H.R.3288 provides $190 million, a $28 million increase from 2009, to continue an aggressive campaign to reduce infections acquired will receiving treatment in a health care setting.  HAIs are responsible for nearly 100,000 deaths in the United States each year.

Head Start Services for More Young Children.  Head Start, a highly-successful federal-to-local grant program established in 1965, provides early childhood education and services, including health, nutrition, and social and behavioral development for low-income, preschool children and their families.  The program promotes readiness among America’s low-income children.  H.R.3288 would provide $7.2 billion, $122 million more than 2009, to ensure that approximately 978,000 low-income children have access to high quality preschool services. 

Child Care Assistance to Help Parents Keep Working.  Child care costs rise every year and affordable, quality child care is crucial for working parents.  H.R.3288 provides $2.1 billion to support quality child care, building on the $2 billion investment in quality child care made as part of the American Recovery and Reinvestment Act

Low-Income Home Energy Assistance Program (LIHEAP).  H.R.3288 would appropriate $5.1 billion for the LIHEAP program.  The $5.1 billion appropriation would be allocated by awarding $4.5 billion via formula grant and placing $590million in the LIHEAP contingency fund.  The LIHEAP program awards funding to states, territories, Indian tribes, and tribal organizations to assist low-income households in meeting their home energy costs. 

Community Services Block Grants.  The Community Services Block Grant (CSBG) program provides funds to alleviate the causes and conditions of poverty in communities.  H.R.3288 provides $700 million for the CSBG program, which serves an estimated 16 million individuals.  This builds on the $1 billion investment in the CSBG program included in the American Recovery and Reinvestment Act. The legislation also provides $1.7 billion for the Social Services Block Grant to help states support their most vulnerable with child care, protective services, services for the disabled, adoption, counseling, transportation, foster care, substance abuse, and congregate meals. 

Education

Assistance for Students with Disabilities.  The Individuals with Disabilities Education Act (IDEA) provides assistance to ensure that all children with disabilities have access to a free, appropriate public education.  H.R.3288 would provide $11.5 billion for IDEA, building on $11.3 billion included in the American Recovery and Reinvestment Act

Financial Assistance to Make College More Affordable for Millions of Students.  Pell grants provide need-based financial assistance that helps low- and middle-income undergraduate students and their families pay for the costs of postsecondary education and vocational training.  H.R.3288 would provide $17.495 billion in funding for the Pell Grant program.  The maximum Pell Grant award established is $5,550, an increase of $200 over the 2009 level.  These funds will assist more than eight million students with the costs of higher education and build on the $15.6 billion investment in Pell Grants included in the American Recovery and Reinvestment ActH.R.3288 also includes funding for  federal supplemental educational opportunity grants, federal work study, and the Leveraging Educational Assistance Partnerships program, bringing the total for student financial assistance to $19.3 billion. 

Grants for Disadvantaged Students.  Title I of the Elementary and Secondary Education Act provides resources to local school districts to help disadvantaged students succeed academically.  H.R.3288 includes $14.5 billion for Title I grants to school districts to help 20 million disadvantaged students in nearly 55,000 public schools obtain the education skills they need to compete in the global economy.  H.R.3288 includes another $545 million for school improvements grants that are designated specifically to help turn around approximately 13,000 struggling schools across the country.  Both programs are funded at the 2009 level.

Afterschool Programs.  21st Century Community Learning Centers provide a safe and supervised environment for students before the school day begins and after it ends.  The legislation provides $1.17 billion to assist these programs in continuing the learning experience for participating children by providing enriching opportunities while their parents are at work.  The bill includes a $35 million increase over the 2009 level.

Labor

Employment and Training Administration. H.R.3288 would provide $3.83 billion for training and employment services.  This amount includes $1.4 billion for dislocated worker employment and training activities, $861.54 million for adult employment and training state grants, $924.1 million for youth employment and training state grants, $45 million for transitional jobs, and $40 million for green jobs.  Additional funds provide support for the YouthBuild program ($102.5 million), the Career Pathways Innovation Fund ($125 million),  and other employment and training activities.

Community Service Employment for Older Americans.  H.R.3288 would provide $825 million for this program, which provides work-based training at community service organizations to help lower-income older Americans seeking to remain in or re-enter the workforce.

State Unemployment Insurance and Employment Service Operations.  H.R.3288 would provide $3.2 billion, which is $419 million above the 2009 funding level.  These funds support grants to states to administer state unemployment insurance programs and employment services operations, as well as related national activities, all of which have seen an increase in activity due to the current economic crisis. 

Occupational Safety and Health Administration (OSHA).  H.R.3288 would provide $558.62 million for OSHA to rebuild the agency’s workplace enforcement capacity and increase the pace of its standard setting. 

Mine Safety and Health Administration (MSHA).  H.R.3288 would provide $357.29 million for MSHA.  The appropriation would better enable MSHA to implement the MINER Act and improve workplace health and safety of our nation’s miners. 

H.R.3288 would provide $1.6 billion, $121 million above the 2009 funding level, for the worker protections agencies: OSHA, MSHA, the Employee Benefits Security Administration, and the Employment Standards Administration in an effort to hire 600 new full-time enforcement and compliance personnel.  

Bureau of Labor Statistics (BLS).  H.R.3288 would provide $611.45 million for BLS to strengthen the agency’s ability to conduct the nation’s employment statistics programs.

Bureau of International Labor Affairs (ILAB).  H.R.3288 would provide $92.67 million for ILAB.  These funds will enable ILAB to support programs designed to end abusive and exploitative child labor around the world, as well as expand programs to protect worker rights in countries with which the U.S. has trade preference programs.

Office of Job Corps.  H.R.3288 would provide $1.71 billion for Job Corps to provide at-risk youth with occupational and employment skills. 

Veterans Employment and Training.  H.R.3288 would provide $256.13 million, which is $16.7 million above the 2009 funding level, to maximize employment and training opportunities for veterans transitioning to the civilian workforce.

Related Agencies

Social Security Administration.  H.R.3288 would provide $11.4 billion for the administrative expenses of the Social Security Administration (SSA) to meet the rising number of retirement and disability claims, reduce the backlog of claims, and improve service.  This amount is $993 million more than the 2009 funding level. 

National Service.  H.R.3288 would provide $1.15 billion for national service programs, including AmeriCorps.  This amount is $260 million more than the 2009 funding level and would support 85,000 AmeriCorps members.  The bill includes several new programs authorized in the SERVE America Act including: $50 million for the Social Innovation Fund, $4 million for the Volunteer Generation Fund and $1 million for the Non-Profit Capacity Building program.

Military Construction and Veterans Affairs, and Related Agencies

Division E of the Consolidated Appropriations Act, 2010 would provide $134.6 billion for projects and programs of critical importance to America’s veterans, service members and their families, including veterans benefits and healthcare, military family housing, military construction and mission critical facilities for Fiscal Year 2010.  The bill provides $53 billion in discretionary funding for the Department of Veterans Affairs (VA) and $56.6 billion for mandatory VA programs, $23.3 billion for military construction and family housing, and $1.4 billion for military construction projects in support of the war in Afghanistan. 

For the first time, the bill includes advance appropriations to fund medical programs for the Department of Veterans Affairs to ensure a stable and uninterrupted source of funding for medical care for veterans.  The bill would provide a total of $48.2 billion for VA Medical Services, Medical Support and Compliance, and Medical Facilities for Fiscal Year 2011.

Military Construction and Family Housing. H.R.3288 would provide $23.3 billion to support U.S. military forces and their families at home and overseas, specifically:

·         $11.8 billion for active components, to fund key construction such as barracks, child care centers, installation chapels, and mission critical operational facilities;

·         $1.6 billion to provide readiness centers and operational facilities for the Guard and reserve forces, including $200 million in additional funding to address unfunded requirements;

·         $2.259 billion for military family housing, including $323 million for the Homeowners Assistance Program, to fund the expansion of the mortgage relief program to military families required to relocate, including wounded warriors and surviving spouses of deceased service members, who have suffered losses on home sales due to the mortgage crisis.

·         $496.8 million for Base Realignment and Closure (BRAC) 1990 round and $7.5 billion for the 2005 BRAC program; and

·         $1.4 billion for overseas contingency operations, to meet additional military construction requirements to support operations and previously scheduled troop deployments to Afghanistan.

Department of Veterans Affairs.  The bill includes $109.6 billion for the VA, which is $15.3 billion above the Fiscal Year 2009 level, including $56.6 billion for mandatory veterans benefit programs and $53 billion for discretionary funding.  Additionally, the bill would provide $48.2 billion in advance appropriations for veterans medical care programs for Fiscal Year 2011.

·         Veterans Health Administration (VHA). H.R.3288 includes $45.1 billion for veterans’ medical care, which is $4.1 billion above the Fiscal Year 2009 level.  It would provide:

o   $250 million to continue the Rural Health Initiative and an additional $30 million to increase the number of Community Based Outpatient Clinics (CBOCs) in rural areas;

o   $4.6 billion for mental health care to treat the psychological wounds of returning combat veterans, including post-traumatic stress disorder;

o   $2.1 billion, $463 million above the Fiscal Year 2009 level, to meet the healthcare needs of veterans who have served in Iraq and Afghanistan;

o   $183 million to meet the unique needs of women veterans;

o   $3.2 billion for health care and support services for homeless veterans;

o   $581 million for medical and prosthetic research, which is $71 million above the Fiscal Year 2009 level, and including a $48 million increase to address the critical needs of the veterans of the wars in Iraq and Afghanistan;

o   $4.9 billion for medical facilities, including a $130 million increase for nonrecurring maintenance at existing facilities, $30 million for additional CBOCs in rural areas, and $5 million for additional contracting personnel.

·         VA Construction Programs.  The bill includes $1.9 billion, which is $232 million above the Fiscal Year 2009 level, including:

·          

o   $1.2 billion for Major Construction, for VA facilities, including hospitals and clinics, to enable the VA to implement the recommendations made by the Capitol Asset Realignment for Enhanced Services (CARES) Commission; and

o   $703 million for Minor Construction, including $50 million for the renovation of vacant buildings on VA campuses to be used as housing with supportive services for homeless veterans.

Other Key Military Construction and Veterans Affairs, and Related Agencies Appropriations

H.R.3288 would provide:

·         $100 million for State Extended Care Facilities, for grants to states for construction and renovation of extended care veterans’ facilities;

·         $3.3 billion for information technology, to develop the next generation of electronic healthcare records, paperless claims systems, and seamless integration of medical and service records with the Department of Defense;

·         $1.7 billion for general operating expenses for the VA, which is $223 million above the Fiscal Year 2009 level, to enable the Department to hire roughly 1,200 additional claims processors to continue to address the backlog of benefits claims and to reduce the time to process new claims;

·         $109 million for the Inspector General, which is $21.2 million above the Fiscal Year 2009 level, to provide additional oversight personnel for audit and program views and to expand oversight of the Veterans Benefits Administration regional offices to prevent waste, fraud and abuse.

·         $62.7 million for the American Battle Monuments Commission;

·         $27.1 million for the United States Court of Appeals for Veterans Claims;

·         $39.9 million for cemeterial expenses for Arlington National Cemetery; and

·         $134 million for the Armed Forces Retirement Home.

Department of State, Foreign Operations, and Related Programs

Division F of the Consolidated Appropriations Act, 2010 would make key investments in Department of State and Foreign Operations programs to help protect our national security through effective diplomacy and development.  As outlined by the Senate Appropriations Committee, the bill would provide critical assistance in four priority areas:  1) rebuilding our diplomatic and development capacity at the State Department and U.S. Agency for International Development (USAID) to meet 21st Century requirements; 2) assisting key allies in the Middle East as well as  Afghanistan, Pakistan and Iraq, combating terrorism and narcotics, and other national security priorities; 3) ensuring effective oversight of assistance programs and diplomatic and development operations; and 4) responding to HIV/AIDS, poverty, food security, education, humanitarian crises, climate change, and other global challenges. 

In total, Division F would provide $48.764 billion in Fiscal Year 2010 funding for Department of State operations, embassy security and foreign aid programs, as well as U.S. contributions to international organizations.  This amount is $3.28 billion below the President’s budget request and $1.235 billion below Fiscal Year 2009 enacted levels, including supplemental appropriations.  The bill reflects the President’s decision to end the past practice of relying on supplemental appropriations for many of these programs.   

State Department and USAID Operations, Staff, and Security. H.R.3288 provides:

·         $8.227 billion for Diplomatic and Consular Programs to fund diplomatic operations and hire more than 700 new Foreign Service personnel.  This amount is $1.164 billion above Fiscal Year 2009 levels.

·         $1.39 billion for Operating Expenses for USAID, to allow the agency to hire 300 additional Foreign Service Officers as part of the Development Leadership Initiative.  This amount is $330 million above Fiscal Year 2009 levels.

Assistance for Afghanistan,Pakistan, and Iraq.  The bill provides:

·         $2.611 billion in assistance for Afghanistan, which is $4 million below the Fiscal Year 2009 enacted level, including supplemental appropriations.

·         $1.459 billion in assistance for Pakistan, which is $17.5 million above the Fiscal Year 2009 enacted level, including supplemental appropriations.

·         $467 million in assistance for Iraq, which is $142 million below the Fiscal Year 2009 enacted level, including supplemental appropriations.

Middle East Security Assistance. H.R.3288 provides the funding as follows to Middle East allies to promote stability and strengthen U.S. partnerships in the region: $2.22 billion in assistance to Israel; $1.295 billion in economic and security assistance for Egypt; and $543 million in economic and security assistance for Jordan.  These amounts, when combined with forward funding provided in the Fiscal Year 2009 supplemental, are equal to the President’s budget request.

Western Hemisphere Counternarcotics/Security Assistance Programs.  The bill  invests in programs to support strengthening criminal justice systems and law enforcement agencies and provides assistance for alternative livelihoods in the Western Hemisphere, including $231.6 million in counternarcotics, law enforcement and development assistance programs for Mexico (for a total of $485.6 million including Fiscal Year 2009 supplemental funding); $83 million in assistance for Central America; $37 million for a new Caribbean Basin Security Initiative; and $522 million in assistance for Colombia.

Global Health and Child Survival. H.R.3288 provides a total of $7.779 billion, which is $440 million above the Fiscal Year 2009 level, to strengthen global public health infrastructure and surveillance to save lives overseas and to protect the lives of Americans from infectious diseases, including:

·         $5.709 billion for international HIV/AIDS prevention, treatment, and care programs, including $750 million for multilateral programs through the Global Fund to Fight AIDS, Tuberculosis, and Malaria.

·         $2.42 billion for USAID Global Health and Child Survival programs, which when combined with $50 million for global pandemic programs in the Fiscal Year 2009 supplemental, is $440 million above the Fiscal Year 2009 level.  It  includes increases of nearly $54 million for maternal and child health programs, $202.5 million to fight malaria, $62 million to fight tuberculosis, and $103 million for international family planning over Fiscal Year 2009 levels.

Humanitarian Assistance.  The bill provides:

·         $1.730 billion to help displaced people around the world with food, water, shelter, and other basic needs.  This amount is $19 million above the Fiscal Year 2009 level.

·         $845 million for Disaster Assistance, which is $25 million above Fiscal Year 2009, to avert famines and provide life-saving assistance during natural disasters and for internally displaced people in Africa, Afghanistan, Pakistan, Iraq, and elsewhere around the world.

Peacekeeping Activities.  H.R.3288 would provide:

·         $2.125 billion for Contributions for International Peacekeeping Activities to support U.N. peacekeeping missions around the world, including Darfur, Congo, Liberia, Haiti, and Lebanon.  This amount is $264 million below the Fiscal Year 2009 level. 

·         $332 million for voluntary multi-national Peacekeeping Operations and stabilization efforts, including support for international missions not supported by the U.N., but of particular interest of the United States.

Energy and Environment.  The bill includes $1.257 billion for bilateral and multilateral assistance to support climate change and environment programs worldwide, including for the Global Environmental Facility, the Clean Technology Fund, and the Strategic Climate Fund, and bilateral programs to reduce greenhouse gas emissions, protect forests, wildlife, and water ecosystems, and mitigate and adapt to the impacts of climate change. 

Other Key Department of State and Foreign Operations Appropriations funding in H.R.3288 includes:

·         $2.52 billion for development assistance, which is $720 million above Fiscal Year 2009, including for agricultural development, climate change, micro-credit, democracy and governance, and education in countries that face development challenges;

·         $1.105 billion for the Millennium Challenge Corporation (MCC), which is $230 million above the Fiscal Year 2009 level;

·         $1.17 billion for agriculture and food security programs, which is $698 million above the Fiscal Year 2009 level;

·         $315 million for programs to improve access to safe drinking water, which is $15 million above the Fiscal Year 2009 level;

·         $149 million for oversight of the State Department and foreign operations, including State Department and USAID Inspectors General, the Special Inspector General for Iraq Reconstruction (SIGIR), the Special Inspector General for Afghanistan Reconstruction (SIGAR), as well as vigorous oversight provisions of assistance to Afghanistan and Pakistan;

·         $925 million for basic education and $200 million for higher education programs;

·         $635 million for educational, cultural and professional exchange programs worldwide, which is $97 million above the Fiscal Year 2009 level;

·         $746 million for broadcasting programs critical to U.S. public diplomacy efforts, which is $31 million above the Fiscal Year 2009 level; and

·         $400 million for the Peace Corps, which is $60 million above the Fiscal Year 2009 level.

Key State Department and Foreign Operations Policy Provisions in the bill include:

·         Iran. H.R.3288 includes language on Iran that requires a report on the status and progress of diplomatic efforts to prevent Iran from acquiring nuclear weapons; continues a reporting requirement on bilateral and multilateral sanctions against Iran; and prevents the Export-Import Bank of the United States from providing credit, insurance, or guarantees to any project controlled by any energy producers or refiners that contribute significantly to Iran’s refined petroleum resources, subject to waiver authority.

·         Complex Crises Fund.  The bill provides $50 million in flexible funding to enable the Administration to prevent and respond quickly to an emerging or unforeseen complex crisis.

·         International Monetary Fund. H.R.3288 includes a new provision that requires the United States Executive Director to use the voice and vote of the United States to oppose the provision of hard currency by the Fund to any country whose government has repeatedly provided support for acts of international terrorism; sets a 20 percent limitation on United States participation in the New Arrangements to Borrow program; and includes a reporting requirement on the use of New Arrangements to borrow funds.

·         Report on detainee agreements.  The bill requires a report to Congress on any agreements with countries (including those states with a compact of free association with the United States) that will receive any individual detained at Naval Station, Guantanamo Bay, Cuba not later than five days after the conclusion of such agreement.

Legislative History

On December 8, 2009, conferees of the Senate and the House of Representatives met to approve the Conference Report to accompany theFiscal Year 2010 Transportation, Housing and Urban Development, and Related Agencies Appropriations (H.R.3288).  At the Conference, five additional Fiscal Year 2010 appropriations bills were added to the bill, including: Commerce, Justice, Science, and Related Agencies (H.R.2847); Financial Services and General Government (H.R.3170/S.1432); Labor, Health and Human Services, Education, and Related Agencies (H.R.3293); Military Construction, Veterans Affairs, and Related Agencies (H.R.3082, S.1407); and State Department, Foreign Operations, and Related Programs (H.R.3081, S.1434).  The short title of the legislation was changed to “Consolidated Appropriations Act, 2010.”

On December 10, 2009, the House approved the Conference Report to accompany H.R. 3288 by a 221 to 202 vote.  That same day, the Conference Report was received in the Senate and a motion to proceed to the consideration of the Conference Report was agreed to by a 56 to 43 vote.  Leader Reid subsequently filed cloture on the motion to invoke cloture on the Conference Report; the vote on that motion is expected to take place on December 12.

Expected Amendments

The Conference Report to accompany H.R.3288 is not open to amendments on the Floor.

Administration Position

At the time of this writing, the Administration has not issued a Statement of Administration Position. 

Resources

Congressional Research Service, FY2010 Status Table of Appropriations, available here.

Congressional Research Service, Transportation, Housing and Urban Development, and Related Agencies (THUD): FY2010 Appropriations, available here.

Congressional Research Service, Commerce, Justice, Science, and Related Agencies: FY2010 Appropriations, available here.

Congressional Research Service, Financial Services and General Government (FSGG): FY2010 Appropriations, available here.

Congressional Research Service, Labor, Health and Human Services, and Education: Highlights of FY2010 Budget and Appropriations, available here.

Congressional Research Service, Military Construction and Veterans Affairs Appropriations, available here.

Congressional Research Service, State, Foreign Operations, and Related Programs: FY2010 Budget and Appropriations, available here.

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