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

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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

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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

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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.

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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