Summary: H.R.7323 — 110th Congress (2007-2008)All Information (Except Text)

Bill summaries are authored by CRS.

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Reported to House without amendment (12/10/2008)

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Financial Services and General Government Appropriations Act, 2009 - Title I: Department of the Treasury - Department of the Treasury Appropriations Act, 2009- Makes appropriations for FY2009 to the Department of the Treasury for: (1) departmental offices; (2) department-wide systems and capital investments programs; (3) the Office of Inspector General; (4) the Treasury Inspector General for Tax Administration; (5) the Financial Crimes Enforcement Network; (6) the Financial Management Service; (7) the Alcohol and Tobacco Tax and Trade Bureau; (8) the U.S. Mint for the U.S. Mint Public Enterprise Fund; (9) the Bureau of the Public Debt; (10) the Community Development Financial Institutions Fund Program Account; and (11) the Internal Revenue Service (IRS).

Sets forth certain transfers of funds, including a certain rescission of funds.

(Sec. 102) Requires the IRS to maintain a training program for IRS employees in taxpayers' rights, in dealing courteously with taxpayers, and in cross-cultural relations.

(Sec. 104) Makes funds for the IRS under any Act available for improved facilities and increased staffing to provide sufficient and effective 1-800 help line service for taxpayers.

(Sec. 105) Makes certain funds available only for tax enforcement and enhanced tax law enforcement.

(Sec. 106) Bars the use of funds made available in this Act to enter into, renew, extend, administer, implement, enforce, provide oversight of, any qualified tax collection contract.

(Sec. 111) Bars the use of funds to the Department or the Bureau of Engraving and Printing to redesign the $1 Federal Reserve note.

(Sec. 113) Extends from 10 to 11 years the authorization for the personnel management demonstration project providing for the compensation and performance management of not more than a combined total of 950 employees who fill critical scientific, technical, engineering, intelligence analyst, language translator, and medical positions in the Bureau of Alcohol, Tobacco and Firearms (ATF).

(Sec. 115) Prohibits the use of funds appropriated by this Act or any other source to merge the U.S. Mint and the Bureau of Engraving and Printing without the approval of specified congressional committees.

(Sec. 116) Deems funds appropriated by this Act, or made available by the transfer of funds in it, for the Department's intelligence or intelligence related activities to be specifically authorized by Congress for the purposes of the National Security Act of 1947 during FY2009 until the enactment of the Intelligence Authorization Act for Fiscal Year 2009.

Title II: Executive Office of the President and Funds Appropriated to the President - Executive Office of the President Appropriations Act, 2009 - Makes appropriations for FY2009 for compensation of the President and specified White House agencies, including: (1) the Council of Economic Advisers; (2) the Office of Policy Development; (3) the National Security Council (NSC); (4) the Office of Administration; (5) the Office of Management and Budget (OMB); (6) the Office of National Drug Control Policy; (7) the Counterdrug Technology Assessment Center; (8) various other specified federal drug control programs; (9) presidential transition administrative support; (10) special assistance to the President; and (11) the official residence of the Vice President.

Sets forth certain transfers of funds.

(Sec. 202) Requires the President to submit to the congressional appropriations committees, before the initial obligation of funds appropriated for the Office of National Drug Control Policy, a financial plan on the proposed uses of all such funds on a project-by-project basis.

Title III: The Judiciary - The Judiciary Appropriations Act, 2009 - Makes appropriations to the Judiciary for FY2009 for: (1) the U.S. Supreme Court; (2) the U.S. Court of Appeals for the Federal Circuit; (3) the U.S. Court of International Trade; (4) the courts of appeals, district courts, and other judicial services; (5) defender services; (6) fees of jurors and commissioners; (7) court security; (8) the Administrative Office of the U.S. Courts; (9) the Federal Judicial Center; (10) judicial retirement funds; and (11) the U.S. Sentencing Commission.

Sets forth certain transfers of funds.

(Sec. 305) Provides for the mandatory or discretionary delegation, in certain circumstances, of the duties and powers of the Administrator of General Services to a federal (including judicial or legislative branch) agency instead of only to an executive agency.

(Sec. 306) Requires the U.S. Marshals Service to provide, for a pilot program, specified security services (except investigations) for courthouses which federal law authorizes the Department of Homeland Security (DHS) to provide.

(Sec. 307) Authorizes the Director of the Administrative Office of the U.S. Courts (Director) to pay premium rate increases in the cost of Federal Employees' Group Life Insurance (FEGLI) imposed after April 24, 1999 (including any expenses generated by such payments, as authorized by the U.S. Judicial Conference) for the following judges, age 65 or over: (1) bankruptcy judges; (2) judges of the District Court of Guam, the Northern Mariana Islands, and the Virgin Islands; (3) retired bankruptcy or magistrate judges; and (4) retired judges in such U.S. territories and possessions.

(Sec. 308) Amends the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006 to repeal the September 30, 2010, termination of (thus extending indefinitely) the Director's authority to enter into certain contracts, including multiyear contracts, to the same extent as the head of an executive agency.

(Sec. 309) Authorizes the expenditure by the Director of funds to contract with appropriate public or private agencies or persons to monitor and provide services to certain offenders in the community.

(Sec. 310) Amends the Judicial Improvements Act of 1990 to state that the first vacancy in the office of district judge in the district of Kansas and in the northern district of Ohio, occurring 21 years (currently 17 years) or more after the confirmation date of the judge named to fill the temporary judgeship created for such district, shall not be filled.

Title IV: District of Columbia - District of Columbia Appropriations Act, 2009 - Makes appropriations to the District of Columbia for FY2009, including amounts for the federal payments: (1) for District of Columbia Resident Tuition Support; (2) for emergency planning and security costs in the District; (3) to District of Columbia Courts; (4) for Defender Services in District of Columbia Courts; (5) to the Court Services and Offender Supervision Agency for the District of Columbia; (6) to the District of Columbia Public Defender Service; (7) to the District of Columbia Water and Sewer Authority; (8) to the Criminal Justice Coordinating Council; (9) to the Office of the Chief Financial Officer of the District of Columbia (CFO); (10) for school improvement; (11) for construction of a consolidated bioterrorism and forensics laboratory; (12) to jump start public school reform; (13) for the central library and branch locations; and (14) other specified uses.

Title V: Independent Agencies - Makes appropriations for FY2009 for independent agencies, including: (1) the Consumer Product Safety Commission (CPSC); (2) the Election Assistance Commission (EAC) for election reform programs; (3) the Federal Communications Commission (FCC); (4) the Federal Deposit Insurance Corporation (FDIC), for its Office of Inspector General; (5) the Federal Election Commission (FEC); (6) the Federal Labor Relations Authority (FLRA); (7) the Federal Trade Commission (FTC); (8) the General Services Administration (GSA); (9) government-wide GSA policy and operating expenses; (10) the GSA Office of Inspector General; (11) allowances and office staff for former presidents; (12) presidential transition expenses; (13) the Federal Citizens Services Fund; (14) the Merit Systems Protection Board; (15) Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation; (16) the Environmental Dispute Resolution Fund; (17) the National Archives and Records Administration; (18) the National Historic Publications and Records Commission Grants Program; (19) the National Credit Union Administration (NCUA); (20) the Community Development Credit Union Revolving Loan Fund; (21) the Office of Government Ethics; (22) the Office of Personnel Management (OPM), including the Office of Inspector General; (23) the government payment for annuitants, employee health benefits, employee life insurance, and the civil service retirement and disability fund; (24) the Office of Special Counsel; (25) the Postal Regulatory Commission; (26) the Privacy and Civil Liberties Oversight Board; (27) the Securities and Exchange Commission (SEC); (28) the Selective Service System; (29) the Small Business Administration (SBA), including the Office of Inspector General; (30) the U.S. Postal Service, including the Office of Inspector General; and (31) the U.S. Tax Court.

Sets forth certain transfers of funds.

(Sec. 507) Renames the GSA Consumer Information Center Fund the GSA Federal Citizen Services Fund to disseminate, as under current law, federal government information (currently, federal consumer information) to the public.

(Sec. 508) Transforms the GSA working capital fund for the operation of a central blue-printing, photostating, and duplicating service into a working capital fund for: (1) administrative support services (including accounting, budget, personnel, legal support and other related services), as well as the printing and reproduction facilities in support of GSA, other federal agencies, and other entities; and (2) other administrative and management services that the GSA Administrator deems appropriate and advantageous.

Permits transfer and merger of unobligated balances appropriated or otherwise made available for GSA operating expenses and salaries into the major equipment acquisitions and development activity of the GSA working capital fund for agency-wide acquisition of capital equipment, automated data processing systems, and financial management and management information systems.

Title VI: General Provisions - This Act - Sets forth permissions for and restrictions upon the use of funds under this Act.

(Sec. 606) Prohibits the expenditure of funds under this Act by an entity unless it agrees that such expenditure will comply with the Buy American Act.

(Sec. 607) Prohibits the availability of funds under this Act to any person or entity that has been convicted of violating the Buy American Act.

(Sec. 610) Prohibits the use of funds under this Act by the Executive Office of the President to request from the Federal Bureau of Investigation (FBI) any official background investigation report on any individual, except when: (1) such individual has given his or her express written consent for such request within six months before the date of such request and during the same presidential administration; or (2) such request is required due to extraordinary circumstances involving national security.

(Sec. 611) Makes certain cost accounting standards promulgated under the Office of Federal Procurement Policy Act inapplicable to a federal employees health benefits program contract.

(Sec. 612) Authorizes OPM to accept and utilize (without regard to any restriction on unanticipated travel expenses) funds made available to OPM pursuant to court approval for resolving litigation and implementing any settlement agreements regarding the nonforeign area cost-of-living allowance program.

(Sec. 613) Denies the availability of funds appropriated by this Act to pay either abortion expenses, or administrative expenses in connection with any health plan under the federal employees health benefits program which provides benefits or coverage for abortions (unless the life of the mother would be endangered if the fetus were carried to term, or the pregnancy is the result of an act of rape or incest).

(Sec. 615) Makes the restriction on purchasing nondomestic articles, materials, and supplies set forth in the Buy American Act inapplicable to the federal acquisition of commercial information technology.

(Sec. 616) Prohibits officers or employees of any regulatory agency or commission funded by this Act from accepting on behalf of that agency, or the agency or commission from accepting payment or reimbursement from a non-federal entity, for travel, subsistence, or related expenses to enable an officer or employee to participate in any meeting or similar function relating to such individual's official duties, when the entity offering payment or reimbursement is a person or entity subject to regulation by such agency or commission, or represents such person or entity, unless the person or entity is a nonprofit tax-exempt organization.

(Sec. 617) Vests authority in the Public Company Accounting Oversight Board to obligate funds for the merit scholarship program for undergraduate and graduate students enrolled in accredited accounting degree programs, established by the Sarbanes-Oxley Act of 2002, up to the aggregate amount of funds collected by the Board through FY2008, including accrued interest, as a result of the assessment of monetary penalties. Requires funds available for obligation in FY2009 to remain available until expended.

(Sec. 618) Amends the Consolidated Appropriations Act, 2008 to revise requirements for the investment of amounts in the Harry S Truman Memorial Scholarship Trust Fund. Directs the Secretary of the Treasury to invest such amounts in such obligations as the Board of Trustees of the Harry S Truman Scholarship Foundation may request.

(Sec. 619) Authorizes the U.S. Tax Court to pay on behalf of its judges, age 65 or over, any increase in the cost of FEGLI imposed after April 24, 1999, that is incurred after the enactment of the Pension Protection Act of 2006.

(Sec. 620) Prohibits the use of funds made available under this Act by the Federal Communications Commission (FCC) to implement or enforce specified provisions of the daily newspaper cross-ownership rule, as amended by the Commission's Report and Order and Order on Reconsideration.

(Sec. 621) Prohibits the use of funds made available in this Act to administer, implement, or enforce the amendment made to specified federal regulations with respect to the Cuban Assets Control Regulations regarding transactions incident to U.S. exportations and reexportations of U.S.-origin items to Cuba, including negotiation of executory contracts.

(Sec. 622) Applies a certain rule for licenses to visit a family member who is a national of Cuba so as to reduce the requirement that for the license applicant it has been at least one year (currently, three years) since the most recent of the following three dates: (1) the applicant's date of emigration from Cuba; (2) the date the applicant left Cuba after the applicant's most recent trip to visit family there; or (3) the date of issuance of the applicant's most recent specific license to visit family in Cuba.

(Sec. 623) Extends the application of such rule to visits with any aunt, uncle, niece, nephew, or first cousin in Cuba.

(Sec. 624) Prohibits the Board of Governors of the Federal Reserve System and the Secretary of the Treasury from determining, for purposes of the Bank Holding Company Act of 1956 or the Revised Statutes of the United States, that real estate brokerage activity or real estate management activity is an activity financial in nature, or is incidental or complementary to such activity.

Title VII: General Provisions Government-Wide - Sets forth requirements for the use of appropriations by designated departments, agencies, and corporations.

(Sec. 727) Prohibits the use of funds by federal agencies to collect, review, create, or contract for any aggregation of data by any means of any personally identifiable information relating to an individual's access to or use of any federal government Internet site.

(Sec. 728) Prohibits the use of funds to enter into or renew a contract for a federal employee health plan which includes a provision providing prescription drug coverage, except where the contract also includes a provision for contraceptive coverage. Exempts specified religious plans from such prohibition. Prohibits a federal employee health plan, however, from discriminating against an individual on the basis that the individual refuses to prescribe or otherwise provide for contraceptives because such activities would be contrary to his or her religious beliefs or moral convictions.

(Sec. 729) Recognizes the U.S. Anti-Doping Agency (USADA) as the official anti-doping agency for Olympic, Pan American, and Paralympic sport in the United States.

(Sec. 730) Allows the use of funds appropriated for official travel by federal departments and agencies, if consistent with OMB Circular A-126 regarding official travel for government personnel, to participate in the fractional aircraft ownership pilot program.

(Sec. 731) Bars the use of funds to implement or enforce restrictions or limitations on the Coast Guard Congressional Fellowship Program, or to implement the proposed OPM regulations to add sections 300.311 - 300.316 to part 300 of title 5 of the Code of Federal Regulations, published in the Federal Register, volume 68, number 174, on September 9, 2003 (relating to the detail of executive branch employees to the legislative branch).

(Sec. 732) Prohibits an executive branch agency from purchasing, constructing, and/or leasing any additional facilities, except within or contiguous to existing locations, to conduct federal law enforcement training without advance approval of congressional appropriations committees. Authorizes the Federal Law Enforcement Training Center to obtain the temporary use of additional facilities by lease, contract, or other agreement for training which cannot be accommodated in existing Center facilities.

(Sec. 733) Bars the availability of funds during FY2009 for transfers or reimbursements to the E-Government Initiatives sponsored by OMB before 15 days following an OMB report to the congressional appropriations committees and receipt of their approval of such transfer. Prohibits the obligation or expenditures of such funds for new E-Government initiatives without such committees' explicit approval.

(Sec. 734) Amends the Consolidated Appropriations Act, 2008, (Act) to revise the prohibition on the use of funds for conversion to contractor performance of any executive agency activity or function performed by more than 10 federal employees unless certain public-private competition requirements are met. Repeals the limitation to activities or functions performed by more than 10 federal employees (thus extending the prohibition to conversion of any such activity or function performed by even one federal employee).

(Sec. 735) Amends the Consolidated Appropriations Act, 2008 (the Act) to repeal the prohibition on the use of the OMB Circular A-76 to prevent the head of an executive agency from conducting a public-private competition to evaluate the benefits of converting work from contract performance to performance by federal employees in appropriate instances.

Requires the heads of executive agencies, subject to the Federal Activities Inventory Reform Act, to devise and implement guidelines and procedures to ensure that consideration is given to using, on a regular basis, federal employees (insourcing) to perform new functions and functions performed by contractors that could be performed by federal employees.

Prohibits the guidelines and procedures from including any specific limitation or restriction on the number of functions or activities that may be converted to performance by such employees.

Requires such guidelines and procedures to provide that special consideration be given to using federal employees to perform any function that: (1) is a new requirement; or (2) is performed currently by a contractor that has been performed by federal employees at any time during the previous 10 years, and meets other specified criteria.

Excludes from public-private competition under OMB Circular A-76 or any other law or regulation: (1) a new agency function with performance assigned to federal employees; (2) any agency function converting to performance by federal employees; or (3) expansion of an agency function already performed by federal employees.

(Sec. 736) Prohibits the use of funds to begin or announce a study or public-private competition regarding the conversion to contractor performance of any function performed by federal employees pursuant to OMB Circular A-76 or any other administrative regulation, directive, or policy.

(Sec. 737) Requires a pay increase for FY2009 of 3.9% for civilian federal employees, including those of DHS. Makes related pay adjustments for FY2009 for prevailing rate employees.

(Sec. 738) Bars the use of funds by an executive branch agency, unless otherwise authorized by existing law, to produce any prepackaged news story intended for broadcast or distribution in the United States, unless the story includes a clear notification within its text or audio that it was prepared or funded by that agency.

(Sec. 739) Bars the use of funds in contravention of the Privacy Act or regulations implementing the privacy of records maintained on individuals.

(Sec. 740) Requires each executive department and agency to evaluate the creditworthiness of an individual before issuing him or her a government travel charge card. Prohibits issuance of such a card, except in specified circumstances, to individuals that either lack a credit history or are found to have an unsatisfactory credit history.

Requires such evaluation to include an assessment of the individual's consumer report from a consumer reporting agency.

(Sec. 741) Requires the Director of OMB, in coordination with the governor of each Great Lakes State and the Great Lakes Interagency Task Force, to submit to the appropriate authorizing and appropriating congressional committees a financial report containing: (1) an interagency crosscut report that displays the budget proposed, including any planned interagency or intra-agency transfer, for each of the federal agencies that carries out Great Lakes restoration activities in the upcoming fiscal year; (2) a detailed accounting of all funds received and obligated by all federal agencies and, to the extent available, state agencies using federal funds, for such activities during the current and previous fiscal years; (3) a budget for the proposed projects; and (4) a listing of all projects to be undertaken in the upcoming fiscal year with the federal portion of funds.

(Sec. 742) Prohibits the use of funds for any federal government contract with any foreign incorporated entity which is treated as an inverted domestic corporation under the Homeland Security Act of 2002, or any subsidiary of such an entity.

Requires any Secretary to waive such prohibition if so required in the interest of national security.

(Sec. 743) Requires each executive department and agency to establish on the homepage of its website an obvious, direct link to the website of its respective Inspector General.

Requires each Office of Inspector General to: (1) post on its website any public report or audit (or portion of it) issued within one day of its release; (2) provide a website service to allow an individual to request automatic receipt of related information and receive its electronic transmittal, or notice of its availability without further request; and (3) establish a direct website link for individuals to report waste, fraud, and abuse anonymously.

(Sec. 744) Provides that: (1) a public or private institution of higher education may offer or provide an officer or employee of any branch of the United States Government or of the District of Columbia, who is a current or former student of such institution, financial assistance for the purpose of repaying a student loan or forbearance of student loan repayment; and (2) an officer or employee of any branch of the United States Government or of the District of Columbia may seek or receive such assistance or forbearance.

(Sec. 745) Bars the use of funds to implement, administer, enforce, or apply the rule entitled "Competitive Area" published by OPM in the Federal Register on April 15, 2008.

(Sec. 746) Bars the use of funds to implement, administer, or enforce the provision of Executive Order 13422 which requires each agency head
to designate one of the agency’s Presidential Appointees to be its Regulatory Policy Officer.

(Sec. 747) States that Executive Order 13423 ("Strengthening Federal Environmental, Energy, and Transportation Management") remains in effect unless amended after enactment of this Act.

Title VIII: General Provisions (District of Columbia) - Sets forth authorized or prohibited uses of funds appropriated by this Act identical or similar to corresponding provisions of the District of Columbia Appropriations Act, 2008.

(Sec. 804) Prohibits the use of federal funds provided in this Act for publicity or propaganda purposes or implementation of any policy including boycott designed to support or defeat legislation pending before Congress or any state legislature.

Allows the District of Columbia to use local funds provided in this title to carry out lobbying activities on any matter.

(Sec. 807) Bars the use of federal funds to: (1) implement or enforce the Health Care Benefits Expansion Act of 1992 (also known as the District Domestic Partner Act); or (2) otherwise implement or enforce any system of registration of unmarried, cohabiting couples, including but not limited to registration for the purpose of extending employment, health, or governmental benefits to such couples on the same basis that such benefits are extended to legally married couples.

(Sec. 808) Amends the District of Columbia Home Rule Act to make permanent the Mayor's authority, as under current law, to accept, obligate, and expend federal, private, and other grants received by the District government that are reflected in its budget approved by an Act of Congress.

(Sec. 810) Prohibits the use of federal funds contained in this Act by the District of Columbia Attorney General of the District government to provide assistance for any petition drive or civil action which seeks to require Congress to provide for voting representation in Congress for the District.

Declares that nothing in this section bars the Attorney General from reviewing or commenting on briefs in private lawsuits, or from consulting with officials of the District government regarding such lawsuits.

(Sec. 811) Prohibits the use of federal funds contained in this Act for any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug.

(Sec. 812) Provides that nothing in this Act may be construed to prevent the Council or the Mayor from addressing the issue of the provision of contraceptive coverage by health insurance plans. Expresses the intent of Congress that any legislation enacted on such issue should include a "conscience clause" which provides exceptions for religious beliefs and moral convictions.

(Sec. 813) States that, where the Chief Financial Officer of the District of Columbia certifies that a reallocation is required to address unanticipated changes in program requirements, such Officer shall submit to the appropriate committees of Congress, the Mayor, and the Council of the District of Columbia a revised appropriated funds operating budget in the format of the budget that the District of Columbia government submitted pursuant to the District of Columbia Home Rule Act.

(Sec. 814) Prohibits the availability of appropriations for the District government to pay: (1) the fees in excess of $4,000 of an attorney who represents a party or defends an action, including an administrative proceeding, brought against the DC Public Schools under the Individuals with Disabilities Education Act (IDEA); or (2) the fees of an attorney or firm whom the CFO determines to have a pecuniary interest, either through an attorney, officer, or employee of the firm, in any special education diagnostic services, schools, or other special education service providers.

(Sec. 815) Allows the amount appropriated to the District of Columbia every fiscal year beginning FY2009 to be increased by up to $100 million from funds identified as the District's FY2008 unexpended general fund surplus. Limits the use of such funds to specified kinds of expenditures.

(Sec. 816) Authorizes an increase, up to specified amounts, every fiscal year beginning FY2009 in the amount appropriated to the District of Columbia, subject to certain restrictions.

(Sec. 817) Authorizes the CFO, beginning in FY2009, to conduct short-term borrowing from the emergency and contingency reserve funds, subject to specified conditions.

(Sec. 818) Prohibits the use of funds contained in this Act to enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act or any tetrahydrocannabinols (THC) derivative.

Provides that the Legalization of Marijuana for Medical Treatment Initiative of 1998, also known as Initiative 59, approved by the electors of the District on November 3, 1998, shall not take effect.

(Sec. 819) Prohibits the expenditure of funds appropriated under this Act for abortions except where the mother's life would be endangered if the fetus were carried to term, or in cases of rape or incest.

(Sec. 820) Allows the transfer of amounts appropriated in this Act as operating funds to the District's enterprise and capital funds. Requires such transferred amounts to retain appropriation authority consistent with this Act.

(Sec. 821) Amends the District of Columbia Official Code to increase from $65 to $90 the hourly rate of attorneys representing indigent defendants in the District of Columbia courts.

Revises the current cap on total compensation paid to an attorney representing such a defendant to apply the corresponding caps under the federal criminal code. Increases the cap: (1) before the Superior Court of the District from $1,900 to $2,000 for misdemeanors and from $3,600 to $7,000 for felonies; and (2) to the same amounts for post-trial matters for misdemeanors or felonies.

Sets the cap for representation of a defendant before the District of Columbia Court of Appeals at $5,000, the limitation under the federal criminal code for representation of a defendant in an appellate court.

Increases the current cap on maximum compensation paid to an attorney in neglect and termination of parental rights proceedings from: (1) $1,600 to $1,980 for all proceedings from initial hearing through disposition and for all subsequent proceedings other than termination of parental rights; (2) $2,200 to $2,700 for proceedings to terminate parental rights; and (3) $1,100 to $1,350 for appeals of trial court orders.