FY 2010 OMNIBUS APPROPRIATIONS BILL AND INITIAL DOS

UNCLAS SECTION 01 OF 04 STATE 128420 FOR FINANCIAL MANANGEMENT OFFICERS E.O. 12958: N/A TAGS: ABUD AFIN AMGT KICA SUBJECT: FY 2010 OMNIBUS APPROPRIATIONS BILL AND INITIAL DOS FINANCIAL OPERATING GUIDANCE REF: STATE 102239, STATE 111855 STATE 00128420 001.2 OF 004 SUMMARY ¶1. This is the third cable providing fiscal year (FY) 2010 Department of State financial operating guidance. This ALDAC specifically concerns the Consolidated Appropriations Act, 2010 (H.R. 3288). ¶2. The Congress has passed, and the President is expected to sign into law, the Department of State, Foreign Opearations, and Related Programs Appropriations Act, 2010 (division F of the Consolidated Appropriations Act, 2010 [H.R.3288]) prior to the expiration of the current Continuing Resolution (CR), which expires at midnight Friday, December 18, 2009. End summary. FUNDING DETAILS ¶3. Below are funding details for selected State Operations appropriations accounts for FY 2010. a. Diplomatic and Consular Programs (D&CP): 8.6 billion US Dollars (USD) (374.4 million USD of which is forward funding for FY 2010 from the Supplemental Appropriations Act, 2009 [P.L. 111-32]),358.6 million USD below the request. This includes 5.5 billion USD in ongoing operations (25.0 million USD of which was provided as forward funding for FY 2010 in the Supplemental Appropriations Act, 2009 [P.L. 111-32]),a decrease of 52.8 million USD from the President's request. Within the 8.6 billion USD for D&CP, 2.7 billion USD is provided for Human Resources; 2.8 billion USD is provided for Overseas Programs (including 361.0 million USD in forward funding for FY 2010 from the Supplemental Appropriations Act, 2009 [P.L. 111-32]); 892.0 million USD is provided for Diplomatic Policy and Support; and 2.2 billion USD is provided for Security Programs (of which 1.6 billion USD is for Worldwide Security Protection, including 13.4 million USD in forward funding from the Supplemental Appropriations Act, 2009 [P.L. 111-32]). Within these D&CP funding levels, Public Diplomacy is fully funded at 520.0 million USD. Within the 2.8 billion USD for Overseas Programs, Iraq operations are funded at 1.5 billion USD (336.0 million USD of which is forward funding from the Supplemental Appropriations Act, 2009 [P.L. 111-32]),257.4 million USD below the request; Afghanistan operations are funded at 485.6 million USD, fully funding the request; and Pakistan operations are funded at 45.8 million USD, fully funding the request. D&CP funds are 
two-year funds, expiring on September 30, 2011, except Worldwide Security Protection funds, which are available until expended. b. Capital Investment Fund: 139.0 million USD, 21.0 below the request level. c. Embassy Security, Construction and Maintenance (ESCM): 1.8 billion USD, fully funding the request when including the 90.9 million USD forward funded in the Supplemental Appropriations Act, 2009 (P.L. 111-32). This includes 876.9 million USD for ongoing operations and 938.2 million USD for Worldwide Security Upgrades (90.9 million USD of which was provided as forward funding for FY 2010 in the Supplemental Appropriations Act, 2009 [P.L. 111-32]). Section 7004 (c) requires that the Department consult with the Appropriations Committees prior to any final decision to acquire property for diplomatic facilities in Kabul. d. Civilian Stabilization Initiative (CSI): 120.0 million USD for the State Department plus an additional 30.0 million USD in a separate CSI account for USAID, for a total funding level of 150.0 million USD for this activity, 173.3 million USD below the request. e. Educational and Cultural Exchange programs: 635.0 million USD, 1.8 million USD above the request. The explanatory statement accompanying the bill indicates that the additional funds are for Special Academic Exchanges, the Pakistan Literacy Training program, and a one-time grant program. f. Representation Allowances: 8.175 million USD, funded at the request level. This is approximately the same level received in FY 2008 and FY 2009. g. Contributions to International Organizations: 1.7 billion USD, 114.5 million USD below the request level. This funding STATE 00128420 002.2 OF 004 level does not provide funding for synchronization efforts. h. Contributions for International Peacekeeping Activities: 2.1 billion USD, 135.0 million USD below the request. In addition, up to 55.0 million USD from the Foreign Assistance Peacekeeping Operations account is available for assessed contributions for peacekeeping activities in Somalia. The statutory cap on peacekeeping contributions is increased to 27.3 percent for assessments received during calendar year 2010 only. i. International Fisheries Commissions: 54.0 million USD, 10.4 million USD above the request level, which includes 6.5 million USD for the Great Lakes Fishery Commission and authority to make payments to fulfill U.S. obligations under the Pacific Salmon Treaty. State Operations General Provisions of Note ¶4. State Operations General Provisions of note in the bill include the following: - Section 7002 requires a quarterly unobligated balances report-cumulative balances from this fiscal year or any previous fiscal year that remain unobligated and unexpended. - Section 7004 (c) requires that the Department consult with the Appropriations Committees prior to any final decision to acquire property for diplomatic facilities in Kabul. - Section 7006 authorizes the Department to award local guard contracts in Iraq, Afghanistan, and Pakistan on the basis of best value as determined by a cost-technical tradeoff analysis. The authority applies to any contracts awarded in FY 2010 and any options for renewal of those contracts. - Section 7009 carries the customary transfer authority language for the Department of State. - Section 7015 continues the reprogramming threshold at 1 million USD, or 10 percent. - Section 7019 requires the Department to notify the Appropriations Committees if it deviates from the allocations for six State Operations accounts in the funding tables included in the joint explanatory statement: -- Diplomatic & Consular Programs; -- Civilian Stabilization Initiative; -- Educational and Cultural Exchange Programs; -- International Fisheries Commissions; -- American Sections, International Commissions; and -- International Boundary and Water Commission, United States and Mexico. - Section 7023 provides the customary waiver of statutory requirements for authorizations of appropriations. - Section 7034 (l) provides that 411,687 USD from ECA unobligated balances shall be transferred to the permanent appropriation for Interparliamentary Exchanges and shall remain available until expended. - Section 7034(n) extends the locality pay provision in the FY 2009 supplemental appropriations act to the funds appropriated for FY 2010. - Section 7034(r) extends the provision allowing the Department to conduct a less formal investigation for incidents involving "serious injury, loss of life, or significant destruction of property" in Afghanistan or Iraq instead of convening an Accountability Review Board. - Section 7034(s) calls on the Secretary to consider final court judgments against certain foreign diplomats who employ domestic workers in determining whether to suspend issuance of A-3 and G-5 visas, and notes that the Secretary should assist in the payment of such judgments and include such judgments in the annual Trafficking in Persons report. - Section 7043 requires reports on Iran sanctions and efforts to curtail Iran's pursuit of nuclear weapons, and establishes a restriction (with waiver provisions) on Export- Import Bank support for projects controlled by energy companies that provide Iran with significant refined petroleum resources support its ability to import or produce petroleum. - Section 7044 authorizes the use of aircraft procured with funding from the D&CP, INCLE, or Andean Counterdrug Programs accounts in any region for any program, including for the Civilian Response Corps, subject to regular congressional notification procedures, if the Secretary or Deputy Secretary determines that the equipment is no longer required to meet programmatic purposes in the designated country or region. Section 7044 provides that the appropriate Chief of Mission is to coordinate the use of State and USAID aircraft and authorizes the use of the aircraft transport Federal and non- Federal personnel subject to certain conditions. It also requires the Department to report by September 30, 2010 on the inventory of State and USAID aircraft, the contractors operating the aircraft, the cost of the contracts, and an analysis of the tradeoffs between the purchase and lease of aircraft. - Section 7045(h) requires the Department to submit a STATE 00128420 003.2 OF 004 report on the feasibility of using passport cards for international travel by nationals of the United States, Canada, and Mexico at airports of entry between those countries. - Section 7051 increases the statutory cap on CIPA peacekeeping contributions to 27.3percent for assessments received in calendar year 2010. - Section 7052 requires the Department to submit reports on resolutions adopted in the UN Human Rights Council. - Section 7053 prohibits the use of funds in the Act to pay for more than 50 US Government employees stationed in the US to attend a conference overseas unless the Secretary certifies that such attendance is in the national interest. - Section 7054 prohibits the use of State operating funds to pay the expenses of a US delegation to any UN body chaired by a terrorist list state. - Section 7066 requires that within 180 days of enactment of this act, the Secretary submit a report to the Appropriations Committees identifying assistance programs and other activities in each foreign country in FY 2008 and FY 2009 by line item in the President's budget. - Section 7068 prohibits any funding from Title I of this or any other appropriations act being used to duplicate the coordinating activities of the Senior Policy Operating Group on Trafficking in Persons. - Section 7085(a) requires a report on prison conditions in countries that receive US foreign assistance and requires the Secretary to designate a Deputy Assistant Secretary in DRL to have primary responsibility for diplomatic efforts related to international prison conditions. - Section 7091 requires a report on efforts to promote compliance with intellectual property rights for energy and environmental technologies during international climate change negotiations. - The Act also includes the regular annual restrictions on funding for: publicity and propaganda (section 7057); supporting or justifying torture (section 7069); and promoting or seeking a reduction of foreign restrictions on tobacco products (section 7082). INITIAL OPERATING GUIDANCE ¶5. Like last year, although funds for D&CP are available for two years, these funds are intended for FY 2010 program needs. Bureaus and posts must obligate these funds in accordance with approved spending plans and congressional notifications, including the D&CP spend plan required within 45 days of enactment. RM/BP is finalizing the D&CP spend plan, based largely on the FY 2010 Congressional Budget Justification, as adjusted by the Omnibus, with the intent of releasing these funds expeditiously. Subsequent revisions will be assessed at mid-year based upon emerging needs and bureau and post spending trends. ¶6. While the two-year availability mitigates pressure for fiscal 2010 year-end, use-or-lose spending of the funds, planned deferrals of FY 2010 funds into FY 2011 are subject to Department-level review and approval. At the same time, the two-year availability provides some flexibility to address year-end spending issues. As such, bureaus and posts must balance the need to execute funds effectively with standard controls on year-end spending. ¶7. Congress is expected to monitor the Department's execution of these funds, in particular the amount and purpose of any unobligated balances at the end of FY 2010 carried forward into FY 2011. (Related to this and as noted in para 4, section 7002 requires quarterly reporting on unobligated and unexpended funds.) ¶8. Unobligated carryover balances and recoveries are subject to re-allotment in FY 2011 to bureaus and posts before they can be obligated. They also may be subject to Departmental reprioritization and so may not be re-allotted in FY 2011 to the bureaus or posts to which they were originally allocated. The extent to which those funds are reflected in approved spending plans will be one factor considered in allocating those funds in FY 2011. RELATED ISSUES: ¶9. Related to this guidance are the following issues: ¶A. Commercial service fees collected in FY 2010 will continue to be posted to and made available for obligation and execution from the two-year account 19-0/1-0113.8. ¶B. D&CP funds for Worldwide Security Protection are available until expended, i.e., no-year, as they have been in the past - no change. STATE 00128420 004.2 OF 004 MESSAGE FROM THE DEPARTMENT'S PROCUREMENT EXECUTIVE ¶11. The Department's procurement executive provides the following reminder: all requisitions should be submitted to your contracting officer with the notation "subject to the availability of funds" appearing clearly, as is the usual practice. Under no circumstances may a purchase order or contract award be authorized or made without sufficient funds being available at the time the obligation is incurred. To do so could result in a violation of the Antideficiency Act. ¶12. Minimize considered. CLINTON