The 2009 federal fiscal year runs from October 1, 2008, through September 30, 2009.
Omnibus Appropriations Bill
On March 11, 2009, the President signed into law the Omnibus Appropriations Act of 2009. Unable to pass many of the individual spending bills before the end of the last Congress, most federal programs have been operating on level funding from FY 2008 provided by a continuing resolution that was passed last fall. The Omnibus Appropriations bill provides the funding levels for the entire 2009 fiscal year, which runs from October 1, 2008 until September 30, 2009. The legislation also takes a modest step in loosening some restrictions travel and trade with Cuba.
The legislation allocates $538 million for the Department of State's Educational and Cultural Exchanges, giving those programs a $37 million increase over the FY 2008 level. It also provides $118.881 million for the Department of Education's Title VI and Fulbright-Hays programs, representing a 9% increase over the FY 2008 level.
Department of State
Of the total amount for the Department of State's Educational and Cultural Exchanges, $309 million is allotted for academic exchanges. Of that amount, report language recommends: $234.864 million for Fulbright, $12.043 million for Educational Advising and Student Services, $26.250 million for English Language Programs, $22.020 million for Regional Graduate Fellowships, and $7.2 million for the Benjamin Gilman International Scholarship Program.
Report language accompanying the legislation also recommends that the additional funding be used "to expand opportunities for United States students to study abroad. Additional resources should be used to increase direct grants to students, replicate existing capacity in targeted regions at quality overseas educational institutions, especially in developing countries, and engage United States educational institutions to reduce barriers to study abroad." The accompanying language also notes that these increases are "taking into account current programs that support these goals and proposed legislation," and encourages the Department of State to "develop a coordinated strategy to expand exchange programs to reach a greater number of Americans and foreigners from non-traditional backgrounds, particularly low income and minority populations. This strategy should inform the Administration's planning and budgeting in the near and long-term to expand exchanges and to better focus on interrelated advantages of existing programs which will ultimately benefit United States public diplomacy goals."
Of the total amount allotted for the Department of State's Educational and Cultural Exchanges, $164 million is made available for professional and cultural exchanges. Of that amount, report language recommends: $79.211 million for the International Visitor Program, $54.377 for Citizen Exchange Programs and $23 million for the Youth Exchange and Study (YES) Program.
Department of Education
The legislation allocates $118.881 million total in Title VI/Fulbright-Hays program funding. Of that amount, $102.335 million is allotted for Title VI-Parts A&B, $14.709 million is provided for Fulbright-Hays programs, and $1.837 million is allotted for the Institute for International Public Policy (IIPP), Title VI-Part C.
Language was also included in the legislation to strengthen study abroad in foreign languages and international studies, evaluation, outreach, and dissemination: "Provided further, That notwithstanding any other provision of law, funds made available in this Act to carry out title VI of the HEA and section 102(b)(6) of the Mutual Educational and Cultural Exchange Act of 1961 may be used to support visits and study in foreign countries by individuals who are participating in advanced foreign language training and international studies in areas that are vital to United States national security and who plan to apply their language skills and knowledge of these countries in the fields of government, the professions, or international development: Provided further, That of the funds referred to in the preceding proviso, up to 1 percent may be used for program evaluation, national outreach, and information dissemination activities."
The Report Language accompanying the bill recommends that for Title VI International Education and Foreign Languages Studies programs the Department of Education should "use $3,155,000 of the $102,335,000 provided for Title VI Domestic Programs, to increase the number of individuals receiving academic year and summer foreign language and area studies fellowships. The Department shall use a portion of the 1% available for program evaluation, to assist grantees with developing web portals to improve the dissemination of information produced under these programs to the public."
The legislation also includes $26.328 million in funding for the Foreign Language Assistance Program (FLAP), representing a $673,000 increase over the 2008 level. The bill language directs that "$7,360,000 of the funds available for the Foreign Language Assistance Program shall be available for 5-year grants to local educational agencies that would work in partnership with one or more institutions of higher education to establish or expand articulated programs of study in languages critical to United States national security that will enable successful students to advance from elementary school through college to achieve a superior level of proficiency in those languages."
The bill also includes $13.383 million for the Cooperative Education Exchange Program, and $1.092 billion in funding for two initiatives that were authorized under the America COMPETES Act for Baccalaureate and Master's Degrees in STEM or Critical Languages. The Advancing America through Foreign Language Partnerships, a NSLI initiative, was not funded.
Cuba
The Omnibus Appropriations Act also included language that relaxes some limitations on travel to Cuba. The bill included provisions to loosen restrictions on the right of Cuban Americans to travel to Cuba and to make it easier for U.S. producers to sell agricultural goods to Cuba.
As written, the bill prohibited the Department of Treasury from using funds to "administer, implement or enforce the family travel-related prohibitions that President Bush signed into law in 2004" or to "administer, implement or enforce" a new interpretation of "cash in advance" payments for agricultural goods that was introduced in 2005. The bill also included a provision requiring the Treasury Department to authorize, by general license, travel to Cuba for the marketing and sale of agricultural and medical goods.
Read more on Cuba.
Continuing Resolution
In order to leave the funding decisions for the remainder of the 2009 fiscal year up to the next Administration, Congress passed a continuing resolution (CR) to fund the government though March 6, 2008. The 2009 federal fiscal year runs from October 1, 2008 through September 30, 2009. The measure, which was signed by the President on September 30, 2008, will keep most federal programs funded at current levels until March.
The current funding level for the State Department's educational and cultural exchange programs is $501.347 million. The current funding level for the Department of Education's Title VI and Fulbright-Hays programs is $108.983 million.
Congress included in the CR the text of the Department of Homeland Security funding bill.
9/11 Bill Funding
Included in that funding are resources to carry out a few of the initiatives included in the 9/11 legislation that was passed last year.
The legislation appropriates $40 million for the development and implementation of a Model Ports of Entry program to help improve security and provide a more efficient and welcoming international arrival process.
It also provides the necessary resources for an 200 additional U.S. Customs and Border Protection officers at the 20 U.S. international airports that have the highest number of foreign visitors arriving annually that was included in the 9/11 legislation. As noted in the CR, these resources are intended to "provide a more efficient and welcoming international arrival process in order to facilitate and promote business and leisure travel to the U.S. while also improving security."
Providing certain requirements are met, the CR also provides $300 million for the development of the United State Visitor and Immigrant Status Indicator Technology Project (US-VISIT), which attempts to establish an electronic travel authorization system that would collect and communicate information on foreign nationals entering and exiting the United States.
Other Relevant Funding
The bill directs the Secretary of Homeland Security to establish an international registered traveler program that help to expedite the screening and processing of international travelers, including U.S. citizens and residents, who enter and exit the U.S. The program should incorporate available technologies, such as biometrics and e-passports, as well as security threat assessments and be coordinated with the US-VISIT program, other pre-screening initiatives and the Visa Waiver Program. The legislation allows for the Secretary of Homeland Security to charge a fee for this program, however states that the fee cannot exceed the aggregate costs associated with the program. It also requests that a rulemaking be initiated within 365 days of the enactment of the bill (September 20, 2008), and that phased implementation of the program, beginning with U.S. airports with the highest volume of international travelers, begin no later than two years from enactment of the bill (September 20, 2008). This was a recommendation of the Discover America Partnership (DAP), of which NAFSA was a member.
The CR provides $20 million to Citizenship and Immigration Services (CIS) to help address the backlogs of security checks that are associated with pending applications and petitions. However, the legislation also states that this funding should not be made available until the Secretary of Homeland Security and the U.S. Attorney General submit a plan to the House and Senate Appropriations Committees to eliminate the backlog of security checks that establishes information sharing protocols to ensure US CIS has the information it needs to carry out its mission.
The bill also provides CIS with $100 million for the E-Verify program aimed at helping U.S. employers maintain a legal workforce. This program allows employers to check government databases and verify the employment status of job applicants.
The legislation also includes $20,000 for the DHS Office of Policy to host Visa Waiver Program to hold negotiations to expand the program in Washington, D.C.
On the Student and Exchange Visitor Program (SEVP), the CR also directs Immigration and Customs Enforcement (ICE) "to ensure that additional revenues collected through higher Student and Exchange Visitor Program fees improve customer service for both students and academic institutions." The bill reinforces that the increased revenue collected from raising SEVIS fees "is supposed to enable ICE to streamline student record-keeping, improve oversight of educational institutions, and strengthen the support available for both students and academic administrators. The Committee directs ICE to ensure this new revenue produces equivalent improvement in service provided to its academic partners by continuing its outreach work with the communities affected by increased fees and by enabling more direct access to records by students and administrators alike. In addition, the Committee directs ICE to evaluate the role of the academic liaison officers it plans to hire using this additional revenue, making sure these new officials are trained and empowered to assist academic institutions with problems that arise with SEVP."
The bill also includes $26.8 million for the Visa Security Program, which was established to help maintain the security of the visa issuance process. The program places DHS staff at key U.S. consulates worldwide.
President's Budget Request
On February 4, 2008, the president announced his budget request for FY 2009, including a $522 million request for the educational and cultural exchange programs of the U.S. Department of State and $108.983 million for the Department of Education's Title VI and Fulbright Hays programs.
NAFSA Guide to the Appropriations Process (38kb 
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Read more on the President's FY 2009 request.
