" ! HOUSE OF REPRESENTATIVES 110TH CONGRESS

2d Session 

REPORT

110–919 

COMMERCE, JUSTICE, SCIENCE, 

AND RELATED AGENCIES 

APPROPRIATIONS BILL, 2009 

R E P O R T 

OF THE

COMMITTEE ON APPROPRIATIONS 

[TO ACCOMPANY H.R. 7322]

DECEMBER 10, 2008.—Committed to the Committee of the Whole House 

on the State of the Union and ordered to be printed 


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COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS BILL, 2009 


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U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

45–732 

" ! HOUSE OF REPRESENTATIVES 110TH CONGRESS

2nd Session 

REPORT

2008

110–919 

COMMERCE, JUSTICE, SCIENCE, 

AND RELATED AGENCIES 

APPROPRIATIONS BILL, 2009 

R E P O R T 

OF THE

COMMITTEE ON APPROPRIATIONS 

[TO ACCOMPANY H.R. 7322]

DECEMBER 10, 2008.—Committed to the Committee of the Whole House 

on the State of the Union and ordered to be printed 


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45–732 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 110–919 

COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES 

APPROPRIATIONS BILL, 2009 

DECEMBER 10, 2008.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. MOLLOHAN, from the Committee on Appropriations, 

submitted the following 

R E P O R T 

together with 

ADDITIONAL VIEWS 

[To accompany H.R. 7322] 

The Committee on Appropriations submits the following report in 

explanation of the accompanying bill making appropriations for 

Commerce, Justice, Science, and related agencies for the fiscal year 

ending September 30, 2009, and for other purposes. 

INDEX TO BILL AND REPORT 

Page Number 

Bill Report 

Title I—Department of Commerce ............................................................ 2 7 

Title II—Department of Justice ................................................................ 22 38 

Title III—Science ........................................................................................ 63 113 

Office of Science and Technology Policy ............................................ 63 113 

National Aeronautics and Space Administration ............................. 63 114 

National Science Foundation ............................................................. 72 135 

Title IV—Related Agencies ........................................................................ 75 142 

Commission on Civil Rights ............................................................... 75 142 

Equal Employment Opportunity Commission .................................. 76 142 

International Trade Commission ....................................................... 77 144 

Legal Services Corporation ................................................................ 77 144 

Marine Mammal Commission ............................................................ 78 145 

National Veterans Business Development Corporation ................... 78 146 

Office of the United States Trade Representative ........................... 79 147 

State Justice Institute ........................................................................ 79 148 

Title V—General Provisions ...................................................................... 80 148 


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BILL TOTALS

The President’s fiscal year 2009 budget request for activities 

funded in the Commerce, Justice, Science and Related Agencies Appropriations Act totals $53,904,584,000 in new obligation authority, 

of which $220,300,000 is for mandatory programs. The amounts 

recommended by the Committee in the accompanying bill total 

$57,079,209,000, $3,174,625,000 above the budget request and 

$5,047,909,000 above the sums available to the departments and 

agencies funded in this bill for fiscal year 2008, excluding emergency supplemental appropriations. 

COMMITTEE BUDGET REVIEW PROCESS

During its review of the fiscal year 2009 budget request and execution of appropriations for fiscal year 2008, the Subcommittee on 

Commerce, Justice, Science and Related Agencies held a total of 20 

budget hearings and two formal subcommittee briefings during the 

period of February through April 2008. The Committee received 

testimony from Members of Congress and some 30 outside witnesses. In addition, officials from the Administration representing 

the departments and agencies funded in this bill testified before 

the subcommittee on the budget request. The Committee’s hearing 

record consists of 8 volumes and totals nearly 8,000 pages. 

As part of the Committee’s overview and analysis of the annual 

budget request from the Administration, the Committee submits a 

number of requests for additional information and written questions to be answered by the departments and agencies in support 

of the underlying budget request. These materials are important 

for the Committee in making its judgments. This year, the Committee is particularly disappointed that the Department of Justice, 

unlike any other department or agency funded in this bill, was unable to complete these important materials in a timely manner. 

In developing its recommendations, the Committee has drawn 

upon work and analysis of the Government Accountability Office, 

the Congressional Research Service, offices of Inspectors General, 

the Committee’s own surveys and investigations staff and the National Academies. The Committee appreciates the assistance and 

contributions of the men and women of these organizations. 

MAJOR THEMES AND INITIATIVES

Law enforcement.—In total, the bill provides in excess of $18,267,921,000 for law enforcement activities, an increase of 

$2,149,890,000 over the budget request. Investments recommended 

by the Committee provide for: 

• $68,400,000 for enhanced methamphetamine enforcement; 

• $112,500,000 for Department of Justice-wide enhancements and new staffing for Adam Walsh and other child exploitation enforcement activities; • support of state and local law enforcement grants, which 

the Administration proposed to gut in fiscal year 2009, and for 

which the Committee has provided nearly $3,130,000,000; 

• $185,000,000, an increase of $63,349,000 above the request, to begin to deploy law enforcement interoperability radio 

communications systems, identified by the 9/11 Commission as 

a critical shortfall in the aftermath of the 9/11 tragedy; 


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• Department of Justice-wide border enforcement activities, 

including additional detention beds, United States attorneys 

and staff for the Marshals and the Bureau of Alcohol, Tobacco, 

Firearms and Explosives; and • full funding of the Federal Bureau of Investigation, at roughly $7,108,091,000. 

Science and technology.—The Committee recommendation includes $26,069,000,000 to support investments in science and technology, an increase of nearly $1,700,000,000 over last year, and an 

increase of over $500,000,000 over the budget request. Investments 

in science and technology, engineering and mathematics (STEM) 

education and workforce development is critical. The 2005 National 

Academies’ report, Rising Above the Gathering Storm, voiced concerns that the United States may be unable to compete economically with other nations in the future due to insufficient investments in science and technology research, and in STEM education 

and workforce development. In response, the Committee bill provides: • nearly $6,900,000,000 for the National Science Foundation, 

an increase of 13 percent over the fiscal year 2008 enacted 

level, which returns NSF to a doubling path. Within this level, 

over $840,000,000 is recommended for education programs of 

the National Science Foundation, such as Noyce Scholarships 

and the math and science partnership program; • nearly $17,800,000,000 for the National Aeronautics and 

Space Administration (NASA), an increase of nearly 

$460,000,000 over the fiscal year 2008 enacted level. Investments in NASA contribute to economic vitality, science and 

technology, national security and an improved quality of life. 

Within the funds recommended for NASA, $515,000,000 is provided for critical investments in aeronautics research and development to maintain the U.S. leadership in aeronautics, to 

plan for and implement the Next Generation Air Transportation System and to invest in ‘‘green’’ aircraft technologies. 

Further, over $180,000,000 is recommended for education programs, an increase of nearly $66,000,000 over the request; 

• almost $4,300,000,000 for activities of the National Oceanic and Atmospheric Administration, an increase of over 

$356,000,000 over the fiscal year 2008 enacted level and over 

$148,000,000 over the budget request. Within the funds recommended for NOAA, over $376,000,000 is provided for climate change research, analysis, enhanced modeling capabilities, increased data access and archiving, and the restoration 

of critical satellite climate sensors. Full funding is also provided for acquisition, construction and operations of the 

GOES–R, NPOESS and NPP satellites. In addition to fully 

funding the request for NOAA’s more traditional mission 

areas, funding is provided above the request and in areas of 

critical need such as protected species research and management, habitat conservation and restoration, and ocean resources conservation and assessment; and 

• nearly $817,000,000 for the National Institute on Standards and Technology, including $122,000,000 for the Manufacturing Extension Partnerships program and $65,200,000 for 

the Technology Innovation Program, which leverage private 


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funds to invest in research and development and improve manufacturing productivity and job creation—both of which the Administration proposed to eliminate. 

Global climate change and sustainability.—The Committee has 

provided nearly $1,900,000,000 in resources to address the reality 

of global warming climate change and its effect on the Earth’s environments, almost $200,000,000 over the fiscal year 2008 enacted 

level. Specifically, the bill provides: • over $1,300,000,000 in climate change programs at NASA, including over $150,000,000 to accelerate Earth science missions and to develop and demonstrate space-based climate 

measurements, identified by the National Academy of Sciences 

and the science community; • over $376,000,000 for the National Oceanic and Atmospheric Administration, of which $74,000,000 is to restore critical climate sensors to weather satellites and nearly 

$71,000,000 is to enhance climate change analysis capability; • over $230,000,000 for climate change programs at the National Science Foundation; • nearly $25,000,000 for educational programs directed at 

climate change as recommended by the National Academy of 

Sciences; • nearly $15,000,000 for ‘‘green’’ building initiatives within 

the Economic Development Administration; • $7,500,000 for climate change standards development by 

the National Institute for Standards and Technology; and • additional resources above the request to enhance the protection of endangered species, increase habitat conservation, 

and monitor mammal adaptation to climate change. 

COMMITTEE RECOMMENDATION BY MAJOR AGENCY

Department of Commerce.—In title I of this bill, the Committee 

recommends a total of $8,706,889,000, an increase of $490,371,000 

over the budget request and $1,850,355,000 over the fiscal year 

2008 enacted level. Highlights of the Committee’s recommendation 

include: • $250,000,000 for the Economic Development Assistance Programs, an increase of $150,000,000 over the request; • $2,604,622,000 for the Bureau of the Census, an increase 

of $1,374,378,000 above fiscal year 2008 for the 2010 Decennial 

Census, which does not include the June 9 budget amendment 

requesting an additional $540,380,000; 

• $816,860,000 for the National Institute of Standards and 

Technology, which includes $187,200,000 for the Manufacturing Extension Partnerships and the Technology Innovation 

Program, both proposed for elimination by the Administration. 

In addition, the bill includes $500,660,000 for scientific and 

technical research, which is $60,143,000 over fiscal year 2008; 

and 

• $4,252,640,000 for the National Oceanic and Atmospheric 

Administration, which is $356,156,000 above fiscal year 2008 

and $148,727,000 over the request. 

Department of Justice.—In title II of this bill, the Committee recommends a total of $25,438,765,000 an increase of $2,349,890,000 

over the budget request and $1,846,849,000 over the fiscal year 


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2008 enacted level. Highlights of the Committee’s recommendation 

include: 

• $7,108,091,000 for the Federal Bureau of Investigation, of 

which $3,754,985,000 is for counterterrorism and other national security activities; 

• $3,129,100,000 for state and local assistance programs, including the Office on Violence Against Women, Office of Justice 

Programs and Community Oriented Policing Services; 

• $1,939,084,000 for the Drug Enforcement Administration, 

including $30,600,000 for methamphetamine enforcement programs that have been curtailed by the Administration; and 

• $5,733,889,000 for the Federal Prison System, an increase 

of $200,000,000 over the request, to address overburdened conditions in our federal prisons. 

Science.—In title III of this bill, the Committee recommends a 

total of $24,628,370,000, an increase of $154,767,000 over the budget request and $1,248,786,000 over the fiscal year 2008 enacted 

level. Highlights of the Committee’s recommendation include: 

• $6,854,100,000 for the National Science Foundation (NSF), 

an increase of almost $789,100,000 over the fiscal year 2008 

enacted level, returning NSF to a doubling path; 

• $17,768,967,000 for the National Aeronautics and Space 

Administration, an increase of almost $460,000,000 over the 

fiscal year 2008 enacted level and over $154,000,000 more than 

the budget request; and 

• $5,303,000 for the Office of Science and Technology Policy 

of the Executive Office of the President. 

Related agencies.—In title IV of this bill, the Committee recommends a total of over $883,000,000, an increase of almost 

$100,000,000 over the budget request and almost $75,000,000 over 

the fiscal year 2008 enacted level. Highlights of the Committee’s 

recommendation include: 

• $390,000,000 for the Legal Services Corporation, an increase of $79,000,000 over the budget request and almost 

$40,000,000 over the fiscal year 2008 enacted level; 

• $350,425,000 for the Equal Employment Opportunity Commission, $21,125,000 over the fiscal year 2008 enacted level 

and $8,500,000 over the budget request; and 

• funding for the National Veterans Business Development 

Corporation and State Justice Institute though the Administration had proposed to eliminate funding for these agencies in 

fiscal year 2009. 

CONGRESSIONALLY-DIRECTED ITEMS

Congress has made significant reforms in the way it reviews 

funding for the Federal government; reforms which the Committee 

takes very seriously as it executes its constitutional authority. Earmarking or directed spending of Federal dollars does not begin 

with Congress. It begins with the Executive branch. The Administration goes through a process that is the functional equivalent of 

earmarking. For example, the Administration requests funding for 

specific projects, such as the following projects: 

National Oceanic and Atmospheric Administration: 

Pacific Regional Center, Honolulu, HI ...................................... $60,250,000 


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Southwest Fisheries Science Center, La Jolla, CA ................... 15,000,000 

Satellite operations facility, Fairbanks, AK .............................. 11,700,000 

National Institute of Standards and Technology: 

Building 1 extension, Boulder, CO ............................................ 43,538,000 

JILA expansion, Boulder, CO ..................................................... 13,000,000 

Federal Bureau of Investigation: 

FBI Academy ............................................................................... 9,800,000 

National Aeronautics and Space Administration: 

Collaborative support facility, Ames Research Center ............. 29,000,000 

When the Committee reviews the budget request, it goes through 

a process of rigorous review and may alter or modify this list to reflect additional priorities. 

The Executive branch also engages in another practice which 

steers or directs money to specific entities through a process of contracting out various activities and services. In many important 

work locations, the number of people working for contractors exceeds the number of Federal employees in the same building or location. Many of these, in fact, are non-competitive or sole-sourced. 

When added together, the Executive branch steers or directs far 

greater spending to specific projects or corporations than is directed 

or earmarked by Congress. Moreover, the practice of non-competitive contracts has exploded in the past five years. 

REPROGRAMMING AND SPENDING PLAN PROCEDURES

The reprogramming process is based on comity between the Congress and the Executive branch. This process is intended to provide 

departments and agencies sufficient flexibility to meet changing 

circumstances and emergent requirements not known at the time 

of Congressional review of the budget, while preserving Congressional priorities and intent. In the absence of comity and respect 

for the prerogatives of Congress, the Committee may choose to restrict further or eliminate reprogramming authority. Under such 

circumstances, programs, projects and activities become more 

strictly defined and the executive branch loses its ability to propose 

changes in the use of appropriated funds. 

The Committee is concerned that, in some instances, the departments or agencies funded within this appropriations Act may not 

be adhering fully to the Committee’s reprogramming policies and 

procedures. The Committee expects that each department and 

agency funded in this Act shall follow the directions set forth in 

this Act and the accompanying report, and shall not reallocate resources or reorganize activities except as provided herein. Reprogramming procedures shall apply to funds provided in this Act, 

unobligated balances from previous appropriations Acts that are 

available for obligation or expenditure in fiscal year 2009, and nonappropriated resources such as fee collections that are used to meet 

program requirements in fiscal year 2009. In reiterating the Committee’s reprogramming procedures here, which are codified as section 505 of this Act, the Committee expects that the Appropriations 

Subcommittee on the Departments of Commerce, Justice, Science 

and Related Agencies of the House and Senate will be notified by 

letter a minimum of 15 days prior to— 

(1) reprogramming of funds, whether permanent or temporary, in excess of $500,000 or 10 percent, whichever is less, 

between programs or activities. This provision is also applicable in cases where several activities are involved with each reVerDate Aug 31 2005 07:11 Dec 11, 2008 Jkt 045732 PO 00000 Frm 00010 Fmt 6659 Sfmt 6602 E:\HR\OC\HR919.XXX HR919

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ceiving less than $500,000. In addition, the Committee is to be 

notified of reprogramming actions which are less than these 

amounts if such actions would have the effect of committing 

the agency to significant funding requirements in future years; 

(2) increasing funds or personnel by any means for any 

project or activity for which funds have been denied or restricted; 

(3) relocating offices or employees; 

(4) reorganizing offices, programs, or activities; 

(5) contracting out or privatizing any functions or activities 

presently performed by Federal employees; or 

(6) proposing to use funds directed for a specific activity by 

either the House or the Senate for a different purpose. 

Furthermore, the reprogramming authorities do not allow the obligation of funds to create or initiate any new program, project or 

activity. 

Any reprogramming request shall include any out-year budgetary 

impacts and a separate accounting of program or mission impacts 

on estimated carryover funds. No changes shall be made to any 

program, project or activity, except as provided by the Committee, 

if it is to be construed to be a change in policy. Any program, 

project or activity cited in the reports of the House or Senate accompanying this Act or the conference agreement shall be construed as the position of the Committee and shall not be subject 

to reductions or reprogramming without prior approval of the 

Committtee. The Committee further expects any department or 

agency funded in this Act which plans a reduction-in-force to notify 

by letter the Appropriations Committees of the House and Senate 

30 days in advance of the date of any such planned personnel action. 

The Committee notes that when a department or agency submits 

a reprogramming or transfer request to the Appropriations Committees of the House and Senate and does not receive identical responses from the House and Senate, it shall be the responsibility 

of the department or agency seeking the reprogramming to reconcile the differences between the two bodies before proceeding. If 

reconciliation is not possible, the items in disagreement in the reprogramming or transfer request shall be considered unapproved. 

Lastly, the Committee directs the Departments of Commerce and 

Justice, the National Aeronautics and Space Administration and 

the National Science Foundation to submit spending plans, signed 

by the respective department or agency head, for the Committee’s 

review within 120 days of enactment of this Act. 

TITLE I—COMMERCE 

INTERNATIONAL TRADE ADMINISTRATION

OPERATIONS AND ADMINISTRATION

Fiscal Year 2008 enacted 1 ................................................................. $413,172,000 

Fiscal Year 2009 request 2 ................................................................. 429,870,000 

Recommended in the bill 2 ................................................................. 434,870,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +21,698,000 

Fiscal Year 2009 request ............................................................ +5,000,000 1 Includes $8,000,000 in offsetting fee collections. 

2 Includes $9,439,000 in offsetting fee collections. 


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The mission of the International Trade Administration is to create economic opportunity for U.S. workers and firms by promoting 

international trade, opening foreign markets, ensuring compliance 

with trade laws and agreements, and supporting U.S. commercial 

interests at home and abroad. 

The Committee recommendation includes $434,870,000 in total 

resources for the programs of the International Trade Administration (ITA) for fiscal year 2009, which is $21,698,000 above the current year level and $5,000,000 above the request. The Committee 

directs the additional funding be used to keep the Trade Compliance Office in Korea open, and to mitigate the unsubstantiated savings for efficiencies in Manufacturing and Services and the U.S. 

and Foreign Commercial Service that are assumed in the request. 

Not less than the following amounts are to be available for the following activities: 

Import administration ........................................................................ $66,357,000 

Market access and compliance (MAC) .............................................. 42,332,000 

Manufacturing and services .............................................................. 48,592,000 

Executive direction ............................................................................. 25,411,000 

U.S. & Foreign Commercial Service ................................................. 237,739,000 

The Committee continues to direct ITA to submit to the Committee, not later than 60 days after the enactment of this Act, a 

spending plan for all ITA units that incorporates any carryover balances from prior fiscal years. Further, beginning with the second 

quarter, the Committee expects this plan to be updated to reflect 

the obligation of funds on a quarterly basis. 

The Committee understands the difficulties of attempting to balance both the positive and negative effects of a free trade agenda. 

The Committee is determined to ensure that the United States 

Government upholds its responsibility to enforce trade laws, particularly with China. If trading partners do not abide by the rules 

that are set in the global trading system, United States firms are 

unable to compete on a level playing field. The United States Government has an obligation to ensure that U.S. companies are not 

forced to compete with foreign companies that are engaged in unfair trading practices. 

Import Administration.—The Committee recommendation includes not less than $66,357,000 for the Import Administration 

(IA). This program investigates antidumping and countervailing 

duty cases to ensure compliance with applicable U.S. statutes and 

administers certain other statutory programs relating to imports 

and foreign trade zones. The Committee urges the ITA to implement proactive trade enforcement activities, including textile safeguard actions with respect to China’s World Trade Organization 

Accession Agreement, bilateral quotas on non-WTO members, and 

textile provisions of the United States preferential programs and 

agreements. 

Office of China Compliance.—The Committee continues language 

designating $5,900,000 for this Office within the total appropriation for IA. The Committee is concerned that the Office is understaffed and undergoing a reorganization that may potentially damage its long-term effectiveness. The Committee directs IA to fully 

staff anti-dumping efforts. 

This Office was created to specialize in anti-dumping (AD) cases 

involving China, with special attention on small- and medium-sized 


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domestic businesses. The Committee understands that only fifteen 

percent of the analysts in this Office have Chinese language skills. 

The Committee reiterates its direction that the Office should consist of experienced investigators, accountants, trade analysts, and 

technical experts to investigate aggressively AD cases. The Committee expects to be notified of any impediments to hiring or retaining this expertise. 

China Countervailing Duty (CVD) Group Initiative.—The Committee provides $4,200,000 for this new initiative within the total 

for IA, the same amount as in the request. These funds will allow 

IA to meet the expected workload associated with the application 

of countervailing duty law to non-market economies. 

Import Monitoring.—The Committee expects ITA to undertake 

apparel import monitoring, including socks, focusing on prices of 

imports from China and Vietnam and whether their industries are 

illegally pricing products and dumping in the U.S. market. 

Market Access and Compliance (MAC).—The Committee recommendation includes $42,332,000 for this purpose. The Committee continues to support the efforts of the ITA to enforce trade 

agreements aggressively. MAC develops strategies to overcome 

market access obstacles faced by U.S. businesses by monitoring foreign country compliance with multilateral and bilateral trade-related agreements and identifying compliance and other market access obstacles. 

Manufacturing and Services.—This program focuses on both the 

domestic and international aspects of U.S. industrial competitiveness by working with U.S. industries to evaluate the needs of the 

U.S. manufacturing and service sectors; conducting economic and 

regulatory analysis to strengthen U.S. industry; obtaining input 

and advice from U.S. industries for trade policy setting; and participating, as appropriate, with ITA trade policy and negotiation 

advancement initiatives. For fiscal year 2009, the Committee recommendation provides $48,592,000. 

Executive Direction and Administration.—The Committee recommendation includes $25,411,000 for the administrative and policy functions of ITA. These programs provide policy leadership, information technology support and administration services for all of 

ITA. Executive Direction includes the Office of the Under Secretary 

for International Trade and subordinate offices covering Legislative 

and Intergovernmental Affairs, Public Affairs, and the Office of the 

Chief Information Officer. 

Trade promotion and the U.S. & Foreign Commercial Service.— 

The Commercial Service conducts trade promotion programs intended to broaden and deepen the base of U.S. exports, particularly 

of small and medium-sized firms; provides American companies 

with reliable advice on the range of public and private assistance 

available and knowledgeable support for all other Federal trade 

promotion services; offers export assistance through information, 

referral and follow-up services through its integrated global field 

network; ensures adequate support for compliance and leads interagency advocacy efforts for major overseas projects, including early 

involvement in project development and assistance to resolve postexport transaction problems. For fiscal year 2009, the Committee 

recommendation provides $237,739,000. 


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Travel expenditures.—The Committee directs the Department to 

increase the number of investigative teams traveling to China and 

India, the sources of most trade complaints, to verify documentation of information provided by foreign companies. The Committee 

expects the Department to submit quarterly reports to the Committee regarding the ITA’s travel expenditures, including separate 

breakouts of funding, number of trips and the purposes of travel 

to both China and India. 

Within the appropriation $3,000,000 is provided for the following 

activities: 

INTERNATIONAL TRADE ADMINISTRATION 

CONGRESSIONALLY-DESIGNATED ITEMS 

($ in thousands) 

Recipient Project Location Recommended amount 

Cornell University .......................... National Textile Center ................ Ithaca, NY .................................... $200 

Georgia Institute of Technology .... National Textile Center ................ Atlanta, Georgia ........................... 100 

National Textile Center and the 

Textile/Clothing Technology Corporation [TC]2.

National Textile Center/[TC]2 ...... Raleigh, NC and Cary, NC ........... 100 

National Textile Centers program National Textile Centers .............. Spring House, PA ......................... 250 

NC State University ....................... NC State Textile Research ........... Raleigh, NC .................................. 1,000 

St. Francis University & St. Vincent College.St. Francis University Center for 

Global Competitiveness.

Loretto, PA and Latrobe, PA ........ 350 

Textile/Clothing Technology Corporation [TC].[TC]2 Textile Research ................. Cary, NC ....................................... 1,000 

BUREAU OF INDUSTRY AND SECURITY

OPERATIONS AND ADMINISTRATION

Fiscal Year 2008 enacted ................................................................... $72,855,000 

Fiscal Year 2009 request ................................................................... 83,676,000 

Recommended in the bill ................................................................... 83,676,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +10,821,000 

Fiscal Year 2009 request ............................................................ ............................

The mission of the Bureau of Industry and Security (BIS) is to 

advance U.S. national security, foreign policy, and economic objectives by ensuring an effective export control and treaty compliance 

system and promoting continued U.S. strategic technology leadership. 

The Committee recommends $83,676,000 for BIS, which is 

$10,821,000 above the fiscal year 2008 level and the same as the 

budget request. Of the amount provided, $14,767,000 is for inspections and other activities related to national security. The recommendation includes $2,385,000 for program enhancements and 

new initiatives that will advance BIS’ export control and enforcement activities. 

Management and Policy Coordination (MPC).—The Management 

and Policy Coordination program supports all Bureau performance 

goals. MPC develops, analyzes, and coordinates policy initiatives 

within BIS and on an interagency basis. 

Export Administration (EA).—The Export Administration carries 

out BIS programs related to export control regulations, export licenses, treaty compliance, treaty obligations relating to weapons of 

mass destruction, and the defense industrial and technology base 


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to meet national security needs. EA regulates the export of dualuse items determined to require export licenses for reasons of national security, nonproliferation, foreign policy, or short supply; ensures that approval or denial of license applications is consistent 

with U.S. economic and security concerns; promotes an understanding of export control regulations within the business community; represents the Department in interagency and international 

fora relating to export controls, particularly multilateral regimes; 

monitors and seeks to ensure the availability of industrial resources for national defense under the Delegation of Procurement 

Authority; analyzes the impact of export controls on strategic industries; and assesses the security consequences for the United 

States of certain foreign investments. 

Export Enforcement (EE).—The Export Enforcement program detects and prevents the illegal export of controlled goods and technology. EE investigates and helps sanction violators of U.S. export 

control, anti-terrorist and public safety laws and regulations; educates the business community to help prevent violations; and administers the Export Administration Act (EAA) (which expired on 

August 19, 2001, but the provisions remain in force under the 

International Emergency Economic Powers Act (IEEPA), Executive 

Order 13222, as extended most recently by the Notice of August 3, 

2006 (71 Fed. Reg. 44551 (August 7, 2006)) provisions restricting 

participation in foreign boycotts. 

ECONOMIC DEVELOPMENT ADMINISTRATION

Fiscal Year 2008 enacted ................................................................... $279,932,000 

Fiscal Year 2009 request ................................................................... 132,800,000 

Recommended in the bill ................................................................... 282,800,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +2,868,000 

Fiscal Year 2009 request ............................................................ +150,000,000 

The mission of the Economic Development Administration (EDA) 

is to lead the Federal economic development agenda by promoting 

innovation and competitiveness, thus preparing American regions 

for growth and success in the worldwide economy. The Committee 

recommendation includes $282,800,000 for the programs and administrative expenses of the EDA for fiscal year 2009, which is 

$150,000,000 above the request and $2,868,000 above fiscal year 

2008. The total recommendation for EDA consists of the amounts 

appropriated in the following two accounts. 

ECONOMIC DEVELOPMENT ADMINISTRATION PROGRAMS

Fiscal Year 2008 enacted ................................................................... $249,100,000 

Fiscal Year 2009 request ................................................................... 100,000,000 

Recommended in the bill 250,000,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +900,000 

Fiscal Year 2009 request ............................................................ +150,000,000 

Economic Development Assistance Programs promote regional 

economic development efforts that benefit distressed communities. 

The Committee recommendation includes $250,000,000 for the Economic Development Assistance Programs, an increase of 

$150,000,000 above the request and $900,000 above fiscal year 

2008. Of the amounts provided, funds are to be distributed as follows: 


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Global climate change mitigation fund ............................................. $14,700,000 

Public works ........................................................................................ 138,280,000 

Planning .............................................................................................. 31,000,000 

Technical assistance ........................................................................... 9,400,000 

Research and evaluation .................................................................... 490,000 

Trade adjustment assistance ............................................................. 15,800,000 

Economic adjustment assistance ....................................................... 40,330,000 

Global Climate Change Mitigation Fund.—The Committee notes 

the increased construction costs associated with the incorporation 

of technologies and strategies which reduce energy consumption 

and harmful gas emissions and contribute to sustainability, and 

provides $14,700,000 for the Global Climate Change Mitigation Incentive Fund, $13,200,000 above the request and $5,300,000 above 

fiscal year 2008. The Committee emphasizes that to be successful 

in today’s environment, economic development must address the effects of climate change. The Committee directs EDA to provide a 

report and spend plan on the Fund no later than 90 days after enactment of the Act. The report should detail the scope of the fund, 

the criteria for approval of fund expenditures, and the methodology 

EDA will employ when reviewing grants. 

Public Works.—The Committee provides $138,280,000 for Public 

Works, $131,080,000 above the budget request. The Committee believes that, given the current economic climate, these funds are 

critical to local communities and industries faced with increased 

economic pressures and dislocations in the rapidly changing global 

economy. 

Planning.—The Committee provides $31,000,000 for planning, 

$4,000,000 above the request, and directs the agency to allocate 

$3,700,000 of the additional planning resources to the existing network of 370 Economic Development Districts (EDDs), with the remaining $300,000 to reduce the backlog of designated-but-unfunded 

EDDs. This increase provides EDDs with the flexibility needed to 

engage local government, business and community leadership in 

setting and pursuing strategic job creation and retention initiatives 

effectively. 

Trade Adjustment Assistance (TAA).—The Committee provides 

$15,800,000 for trade adjustment assistance, an increase of 

$1,700,000 over the request. Of that amount, not less than 

$200,000 and no more than $350,000 shall be available to fund permanent FTE to address the chaotic conditions that have recently 

characterized the program. The Committee is concerned about reports that TAA has relied on interns for the bulk of the work, and 

reminds EDA that interns should supplement staff, not replace 

them, particularly as efforts are made to improve overall organization and implementation of the program. 

The Committee strongly believes that economic diversification 

and innovation, fueled by entrepreneurship, promotes robust, sustainable economic growth and the competitiveness of American 

communities and regions. The Committee’s intent is that funds be 

spent with the specific purpose and criteria set forth in the enabling legislation. The Committee encourages EDA to incorporate 

into its project evaluation and selection criteria greater consideration for projects that diversify the local regional economy, support 

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nology transfer, and encourage the commercialization of universityled research and development. 

SALARIES AND EXPENSES

Fiscal Year 2008 enacted ................................................................... $30,832,000 

Fiscal Year 2009 request ................................................................... 32,800,000 

Recommended in the bill ................................................................... 32,800,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +1,968,000 

Fiscal Year 2009 request ............................................................ ............................

The administration of EDA’s Economic Development Assistance 

Programs is carried out through a network of headquarters and regional offices. These activities include pre-application assistance 

and development, application processing, and project monitoring as 

well as general support functions such as economic development research, technical assistance, information dissemination, legal and 

environmental compliance, financial management, budgeting and 

debt management. The Committee recommendation includes 

$32,800,000 for the salaries and expenses of the EDA, the same as 

the request and $1,968,000 above fiscal year 2008. 

MINORITY BUSINESS DEVELOPMENT

Fiscal Year 2008 enacted ................................................................... $28,623,000 

Fiscal Year 2009 request ................................................................... 29,000,000 

Recommended in the bill ................................................................... 31,500,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +2,877,000 

Fiscal Year 2009 request ............................................................ +2,500,000 

The mission of the Minority Business Development Agency 

(MBDA) is to achieve entrepreneurial parity for Minority Business 

Enterprises by promoting their ability to grow and to compete in 

the global economy. MBDA helps minority-owned businesses obtain 

access to public and private debt and equity financing, market opportunities, and management and business information to increase 

business growth in the minority business community. 

The Committee recommendation includes $31,500,000 for the Minority Business Development Agency for fiscal year 2009. The recommendation is $2,500,000 above the request and $2,877,000 above 

fiscal year 2008. Within the appropriation, $525,000 is provided for 

the following activities: 

MINORITY BUSINESS DEVELOPMENT AGENCY 

CONGRESSIONALLY-DESIGNATED ITEMS 

($ in thousands) 

Recipient Project Location Recommended amount 

Rural Enterprises of Oklahoma, 

Inc. (REI).

REI Business and Resource Center at Eastern Oklahoma State 

College.

Durant, Oklahoma ....................... $175 

Team NEO ..................................... Northeast Ohio Minority Business 

Attraction Initiative.

Cleveland, Ohio ........................... 150 

West Liberty State College ........... Emerging Minority Business 

Leaders.

West Liberty, West Virginia ......... 200 


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ECONOMICS AND STATISTICS ADMINISTRATION

SALARIES AND EXPENSES

Fiscal Year 2008 enacted ................................................................... $81,075,000 

Fiscal Year 2009 request ................................................................... 90,621,000 

Recommended in the bill ................................................................... 89,121,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +8,046,000 

Fiscal Year 2009 request ............................................................ ¥1,500,000 

The mission of the Economics and Statistics Administration 

(ESA) is to provide leadership and critical oversight of the Census 

Bureau and Bureau of Economic Analysis. The mission of the Bureau of Economic Analysis (BEA) is to promote the understanding 

of the U.S. economy by providing timely, relevant, and accurate 

economic accounts data. These statistics are key ingredients in decisions affecting interest and exchange rates, tax and budget projections, business investment plans, and the allocation of over $214 

billion in Federal funds, including programs such as Medicaid and 

Temporary Assistance for Needy Families (TANF) among others. 

BEA prepares national, regional, industry and international accounts that present essential information on such issues as economic growth, regional economic development, inter-industry relationships and the Nation’s position in the world economy. 

The Committee recommendation provides $89,121,000 for the 

ESA, which is $1,500,000 less than the request and $8,046,000 

above fiscal year 2008. The Committee recommendation reduces 

the Economics and Statistics Administration headquarters management activities by $1,500,000 below the request, given the ESA’s 

limited and ineffective oversight of the Census Bureau. 

BUREAU OF THE CENSUS

Fiscal Year 2008 enacted ................................................................... $1,230,244,000 

Fiscal Year 2009 request 1 ................................................................. 2,604,622,000 

Recommended in the bill 1 ................................................................. 2,604,622,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +1,374,378,000 

Fiscal Year 2009 request ............................................................ ............................ 1 Excludes pending budget amendment of $545,840,000. 

The mission of the Bureau of the Census (Census) is to serve as 

the leading source of quality data about the Nation’s people and 

economy. To accomplish this mission, Census measures those 

trends and segments of our population and economy most critical 

to continued American success and prosperity. The Committee recommendation includes a total operating level of $2,604,622,000 for 

the Bureau of the Census, which is the same as the request and 

$1,374,378,000 above fiscal year 2008. 

SALARIES AND EXPENSES

Fiscal Year 2008 enacted ................................................................... $202,838,000 

Fiscal Year 2009 request ................................................................... 238,740,000 

Recommended in the bill ................................................................... 238,740,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +35,902,000 

Fiscal Year 2009 request ............................................................ ............................

This appropriation provides for the collection, compilation, and 

publication of a broad range of current economic, demographic, and 


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social statistics, to include current economic, general economic, foreign trade, and current demographic statistics, and survey development and data services. The Committee recommendation includes 

$238,740,000 for the salaries and expenses of the Bureau of the 

Census for fiscal year 2009, which is the same as the request and 

$35,902,000 above fiscal year 2008. 

Current economic statistics.—The business statistics program 

provides current information on sales and related measures of retail and wholesale trade and selected service industries. Construction statistics are provided on significant construction activity, 

while manufacturing statistics survey key industrial commodities 

and manufacturing activities, providing current statistics on the 

quantity and value of industrial output. 

Improved measurement of service.—The Committee provides 

$39,342,000, an increase of $8,118,000 over 2008, which is the 

same as the request, to provide quarterly and annual coverage of 

all twelve service sectors, matching the coverage of the quinquennial Economic Census. This new initiative will provide the Bureau 

of Economic Analysis (BEA), the Council of Economic Advisors, the 

Federal Reserve Board, and other policymakers, business leaders, 

and the American public with comprehensive and timely data on 

the service economy, which now accounts for 55 percent of economic activity. 

Current demographic statistics.—Household surveys provide information on the social and economic characteristics of the population. The Census Bureau also provides current reports and future 

projections on the geographic and demographic characteristics of 

the U.S. population. International statistics provide estimates of 

demographic and economic characteristics for various countries. 

Survey of Income and Program Participation (SIPP).—The Committee provides $45,742,000, the same as the request and an increase of $21,180,000 over fiscal year 2008, to re-establish SIPP 

with a full sample of 45,000 households in September 2008. Funds 

provided will also allow for improvements to the SIPP system by 

fiscal year 2012, including updating computer programming; improving survey content; investigating, testing, and as appropriate 

implementing an Event History Calendar; and security enhancements to laptops used in the field. 

Current Population Survey (CPS).—The Committee provides 

$14,359,000, which is the same as the request and includes an increase of $1,452,000 over fiscal year 2008. These funds will be used 

to maintain accuracy, relevancy, security and confidentiality of 

CPS data, and maintain the reliability of CPS estimates. 

Survey development and data services.—The Statistical Abstract 

of the United States summarizes Government and private statistics 

of the industrial, social, political, and economic activities of the 

United States. This function also supports general research on survey methods and techniques to improve the efficiency, accuracy, 

and timeliness of statistical programs. 


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PERIODIC CENSUSES AND PROGRAMS

Fiscal Year 2008 enacted ................................................................... $1,027,406,000 

Fiscal Year 2009 request 1 ................................................................. 2,365,882,000 

Recommended in the bill 1 ................................................................. 2,365,882,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +1,338,476,000 

Fiscal Year 2009 request ............................................................ ............................ 1 Excludes pending budget amendment of $545,840,000. 

The Committee recommendation includes a total of 

$2,365,882,000 for all periodic censuses and related programs in 

fiscal year 2009, which is the same as the budget request and 

$1,338,476,000 above fiscal year 2008. 

2010 Decennial Census Program.—The Committee provides $2,143,149,000, which is the same as the request and an increase 

of $1,342,215,000 over fiscal year 2008. Funds for the 2010 Census 

program are provided to: (1) complete dress rehearsal operations 

and assessments and conduct several major operations for the 2010 

Census, while making final preparations for the remaining operations; and (2) continue to conduct the American Community Survey (ACS) to provide socioeconomic data on an ongoing basis rather 

than waiting for once-a-decade censuses. 

Budget amendment.—On June 9, 2008, the Committee received 

a budget amendment that requests an additional $545,840,000 for 

the Bureau of the Census to cover increased costs of the 2010 Decennial Census resulting from mismanagement of a key information technology contract. The pending budget amendment proposes 

reductions to other accounts within the Departments of Agriculture, Health and Human Services, Homeland, the Interior, 

Labor, and the Treasury, as well as the Department of Commerce. 

The Office of Management and Budget transmitted the amendment 

too late for it to receive serious review by the Committee; therefore, 

the Committee defers without prejudice its consideration of the 

amended request at this time. 

Field Data Collection Automation (FDCA) Contract Replan.—The 

Census Bureau is in the midst of a replan of the FDCA contract, 

which has resulted in a significant overall increase in the life cycle 

cost of the Decennial Census. The full impact of the life cycle increase is estimated to be up to an additional $3,000,000,000. In 

part, this is the result of an unreliable life cycle cost estimate. 

Thus, the Committee directs Census to implement the Government 

Accountability Office’s June 16, 2008 report recommendations on 

life cycle cost estimates. 

The Committee notes with dismay the Administration’s lack of 

attention to the 2010 Decennial, the Department’s lack of critical 

oversight, the failure to provide timely funding requests, and the 

consequent risk of failure of this constitutionally-mandated effort. 

The Committee is committed to providing the necessary funding 

and expects the Administration will focus requisite oversight to ensure a successful Decennial. 

Partnerships.—The Committee is concerned that abandoning 

plans to use handheld computers to collect data in the field could 

adversely affect the enumeration of historically hard-to-count populations, including racial and ethnic minorities, language-minorities, 

immigrants, and low income households. Thus, the Committee directs the Bureau of the Census to allocate sufficient funding to supVerDate Aug 31 2005 07:11 Dec 11, 2008 Jkt 045732 PO 00000 Frm 00020 Fmt 6659 Sfmt 6602 E:\HR\OC\HR919.XXX HR919

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port a robust partnership and outreach efforts in preparation for 

the 2010 Decennial Census, with specific focus being placed on 

hard-to-reach populations. The census partnership program is a 

vital component of the effort to obtain the most accurate decennial 

census count possible. Funding provided for this program will help 

enlist community leaders to encourage their constituencies to fill 

out their census forms, emphasizing the importance of the census 

to their local community and education system. The Committee 

notes testimony made by the Census Bureau before the Committee 

that increasing the mail-back response rate through promotional 

efforts such as these partnerships will likely result in substantial 

savings in the non-response follow-up enumeration. 

Language assistance programs.—While the Census Bureau is 

committed to ensuring that Spanish speakers receive adequate assistance in filling out their census questionnaires, the Committee 

is concerned that the Census Bureau has not adequately planned 

for assistance in other languages during the 2010 Census and the 

ACS. The Census Bureau should provide the Committee with updates on a semi-annual basis on its language assistance program, 

including information on how it will reach and assist respondents 

who speak Asian, American Indian and Alaska Native languages, 

Spanish, and other languages spoken by ethnic immigrants in the 

United States for the ACS and the 2010 Census. 

Additional outreach.—The Committee directs the Bureau to pro- vide not less than $8,000,000 and not more than $10,000,000 for 

Census in Schools competitive grants and adult education materials for the 2010 Decennial. The Committee notes that Census in 

Schools provides significant outreach to hard-to-reach populations 

through the medium of take-home materials that educate school 

children and their parents and extended families. Similar results 

are obtained by providing adult education materials that also reach 

neighbors and friends in these communities. 

Data on small population groups.—The Committee is concerned 

about the availability of data on small population groups, especially 

Asian, Hispanic, Pacific Islander, and other national origins subgroups, from the American Community Survey and Decennial census. In many ethnic and immigrant communities, gathering accurate information about smaller subgroups is extremely important 

for policymakers, as the needs among the various populations vary 

significantly. The Committee urges the Census Bureau to ensure 

that reliable information about these subgroups, especially numerically smaller groups, is collected and published, and directs the Bureau to report back within 90 days of enactment describing the 

steps it will take to ensure the availability and accuracy of these 

data. 

Offshore U.S. jurisdictions.—The Committee appreciates the efforts of the Census Bureau to consider new options for reporting 

data reflecting all citizens of the United States, including Puerto 

Rico and other offshore U.S. jurisdictions. 

Non-decennial programs.—The Committee recommendation includes $222,733,000 for non-decennial periodic census programs, 

the same amount as in the request, and $7,559,000 below fiscal 

year 2008. Funds are distributed as follows: 

Other Periodic Programs: 

Economic Censuses ......................................................................... $118,687,000 


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Census of Governments ................................................................. 8,912,000 

Subtotal, Other Periodic Programs ........................................... 127,599,000 

Demographic Statistics Programs: 

Intercensal Demographic Estimates ............................................. 10,321,000 

Demographic Survey ...................................................................... 11,449,000 

Geographic Support ........................................................................ 41,781,000 

Data Processing Systems ............................................................... 31,583,000 

Subtotal, Demographic Programs .............................................. 95,134,000 

Total, Non-Decennial Programs ............................................. 222,733,000 

Economic Census.—Conducted every five years, the economic census is integral to the Bureau of Economic Analysis’ (BEA) estimates of the Gross Domestic Product (GDP), and is the foundation 

of the nation’s economic statistics programs. Fiscal year 2009 is the 

fifth year of the six-year 2007 Economic Census cycle, and reflects 

the transition from intensive data collection and centralized processing activities at the National Processing Center to Headquarters 

processing, which includes editing, summary data review, and 

product preparation associated with data dissemination of results 

from the core census programs. 

Census of Governments.—The Census of Governments is also integral to the BEA’s estimates of GDP. It is the only source of comprehensive and uniformly classified data on the economic activities 

of more than 90,000 state and local governments, which account for 

about 12 percent of GDP and nearly 16 percent of the U.S. workforce. Fiscal year 2009 is the last year in the five-year cycle of the 

2007 Census of Governments. 

NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

SALARIES AND EXPENSES

Fiscal Year 2008 enacted ................................................................... $17,466,000 

Fiscal Year 2009 request ................................................................... 19,218,000 

Recommended in the bill ................................................................... 19,218,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +1,752,000 

Fiscal Year 2009 request ............................................................ ............................

The National Telecommunications and Information Administration (NTIA) serves as the President’s principal adviser on telecommunications and information policy matters. NTIA advocates 

for policies and conducts technical research that supports delivery 

of the latest telecommunications technology and services to all 

Americans. The Committee recommendation includes $19,218,000 

for the salaries and expenses of the NTIA, which is the same as 

the request and $1,752,000 above fiscal year 2009. 

Domestic and international policies.—NTIA develops and advocates policies to improve and expand domestic telecommunications 

services and markets. NTIA provides advice to White House officials, coordinates with other Executive Branch agencies, and participates in relevant Congressional actions and interagency and 

Federal Communications Commission (FCC) proceedings on a host 

of issues. NTIA advocates the advancement of U.S. priorities in 

international telecommunications policy and regulatory areas. 


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Spectrum management.—NTIA manages the Federal Government’s use of the radio frequency spectrum, both domestically and 

internationally. 

Telecommunication sciences research.—NTIA develops improved 

spectrum measurement techniques to address the increasing use of 

broadband technologies, including digital signals, spread-spectrum, 

and frequency agile systems. 

Digital Television Transition And Public Safety Fund.—The Digital Television Transition and Public Safety Fund, created by the 

Deficit Reduction Act of 2005, receives offsetting receipts from the 

auction of licenses to use electromagnetic spectrum recovered from 

discontinued analog television signals and provides funding for several programs from these receipts. The Act specifies that recovered 

spectrum, aside from 24 megahertz dedicated for public safety use, 

will be auctioned by the Federal Communications Commission in 

2008 and identifies the distribution of revenue for deficit reduction 

and program purposes as identified below. Receipts exceeding 

amounts specified for authorized programs will be returned to the 

general fund of the Treasury. The Act also provides borrowing authority to the Department of Commerce to commence specified programs prior to the availability of auction receipts to fund the following activities: • Digital-to-Analog Converter Box Program; • Public Safety Interoperable Communications; • New York City 9/11 Digital Transition; • Assistance to Low-Power Television Stations; • National Alert and Tsunami Warning Program; and • Implement the ENHANCE 911 Act of 2004. 

PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND

CONSTRUCTION

Fiscal Year 2008 enacted ................................................................... $18,800,000 

Fiscal Year 2009 request ................................................................... ............................

Recommended in the bill ................................................................... 21,728,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +2,928,000 

Fiscal Year 2009 request ............................................................ +21,728,000 

The Public Telecommunications Facilities, Planning, and Construction (PTFPC) program awards competitive grants that help 

public broadcasting stations, State and local governments, Indian 

tribes and nonprofit organizations construct facilities to bring educational and cultural programming to the American public using 

broadcasting and non-broadcasting telecommunications technologies. The Committee recommendation includes $21,728,000 for 

PTFPC, which is $2,928,000 above fiscal year 2008. The budget 

proposed to eliminate funding for this program. The Committee reiterates that the PTFPC program is a critical source of funding for 

ongoing infrastructure needs that enable public telecommunications facilities to remain on-air, particularly in under-served 

rural areas. The PTFPC program is the primary source for funding 

for telecommunications infrastructure assistance for public radio 

and television stations. Furthermore, NTIA and the Corporation for 

Public Broadcasting work closely together to make sure there is no 

overlap between the two programs and that each addresses the 

most suitable needs for their individual programs. 


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The Committee notes that in the past two fiscal years, PTFPC 

requests have outnumbered grants two to one. Yet the Administration attempted to divert funding for fiscal year 2008 PTFPC grants 

to apply to the 2010 Decennial Census crisis, rather than request 

emergency supplemental funding. This is particularly problematic 

given that NTIA was in the process of trying to award emergency 

grants, some of which would fund digital transition issues. The 

Committee is concerned that the delays in allocating grant funding 

is only further aggravating the oversubscription of the PTFPC. 

UNITED STATES PATENT AND TRADEMARK OFFICE

CURRENT YEAR FEE FUNDING

Fiscal Year 2008 enacted ................................................................... $1,915,500,000 

Fiscal Year 2009 request ................................................................... 2,087,000,000 

Recommended in the bill ................................................................... 2,087,000,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +171,500,000 

Fiscal Year 2009 request ............................................................ ............................

The United States Patent and Trademark Office (USPTO) is 

charged with administering the patent and trademark laws of the 

United States. USPTO examines patent applications, grants patent 

protection for qualified inventions, and disseminates technological 

information disclosed in patents. The USPTO also examines trademark applications and provides federal registration to owners of 

qualified trademarks. The USPTO advises the Office of the United 

States Trade Representative on enforcement issues in connection 

with free trade agreements and participates in consultations with 

numerous foreign governments on a broad range of issues related 

to the enforcement of intellectual property rights. The Committee 

recommendation includes $2,087,000,000 for the USPTO for fiscal 

year 2008, which is the same as the request and $171,500,000 

above fiscal year 2008. The bill retains the provision that transfers 

funding to ‘‘Departmental Management, Salaries and Expenses’’ for 

activities associated with the National Intellectual Property Law 

Enforcement Coordination Council (NIPLECC), rather than create 

a separate appropriations account. The recommendation includes 

$1,021,000 for NIPLECC, the same as the request and $21,000 

above fiscal year 2008. The bill also includes a provision that provides funds for cooperative agreements to conduct policy studies related to fair international protection of intellectual property rights. 

The Government Accountability Office has found that the backlog 

of unexamined patent applications at the USPTO has increased by 

nearly 73 percent since fiscal year 2002 to about 730,000 applications at present. This has caused a continually increasing length of 

time between filing of a patent application and final action on that 

application. Currently, the average pendency of applications is 32 

months. If this trend continues average pendency will be 52 

months by 2012. The Government Accountability Office (GAO) has 

found that the hiring of additional patent examiners has not been 

sufficient to reverse this trend. 

In addition to hiring additional examiners, the USPTO has responded by issuing rules limiting the ability of applicants to modify 

their applications with additional information and claims through 

the use of continuing applications. The USPTO issued final rules 

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ity of users of the patent system objected when given the opportunity for public comment. Further, the United States District 

Court for the Eastern District of Virginia has enjoined the issuance 

of the rules changes as exceeding the statutory authority of the Undersecretary and Director. 

The sustained increase in the number of applications that has 

given rise to the increasing backlog is largely a consequence of a 

globalized economy in which applicants are filing in more than one 

jurisdiction. This means that the USPTO and other national patent 

offices are duplicating one another’s work. The USPTO has recognized the relationship between rising workload and duplication of 

national examinations and has convened a series of meetings with 

other leading patent offices to attempt to more effectively share information so as to decrease the duplication of work. However, these 

efforts have proceeded very slowly and have not yet resulted in any 

relief for the USPTO. 

Given the findings of the GAO it is unlikely that hiring additional examiners alone will resolve the backlog problem. Further, 

attempting to restrict the rights of applicants has generated widespread opposition among stake holders and been blocked by a federal court. Therefore, the most likely means of reducing the pendency of patent applications is for the leading patent offices to make 

more effective use of one another’s work. The Committee directs 

the USPTO take actions to reduce duplication of work already performed by another patent office in a manner that does not compromise the quality of the examination or the sovereignty of the 

United States. The Committee also encourages the USPTO to review its proposed rules changes so that they fall within the statutory authority of the Director and take into account the concerns 

of the majority of users of the patent system. 

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

(INCLUDING TRANSFERS)

The National Institute of Standards and Technology (NIST) promotes U.S. innovation and industrial competitiveness by advancing 

measurement science, standards, and technology in ways that enhance economic security and improve our quality of life. 

The Committee recommendation includes $816,860,000 for NIST 

for fiscal year 2009, which is $178,860,000 above the request and 

$61,013,000 above fiscal year 2008. 

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

Fiscal Year 2008 enacted ................................................................... $440,517,000 

Fiscal Year 2009 request ................................................................... 535,000,000 

Recommended in the bill ................................................................... 500,660,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +60,143,000 

Fiscal Year 2009 request ............................................................ ¥34,340,000 

To carry out its mission, NIST has an intramural research program made up of laboratories and technical programs and national 

research facilities. The laboratories and technical programs develop 

and disseminate measurement techniques, reference data and materials, test methods, standards, and other infrastructural technologies and services required by U.S. industry. National research 


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facilities include the NIST Center for Neutron Research and the 

Center for Nanoscale Science and Technology. NIST also manages 

the Baldridge National Quality Program, which promotes U.S. competitiveness in business, health care, education, and non-profit organizations through performance excellence criteria and other information transfer, and management of the Malcolm Baldridge National Quality Award. The Committee recommendation includes 

$500,660,000 for NIST’s scientific and technical core programs, 

which is $60,143,000 above fiscal year 2008 and $34,340,000 below 

the request. 

The Committee notes that several of the proposed new initiatives 

are multi-year programs which add 85 new positions and cost 

$29,840,000 in the first year alone. Given that NIST has not provided the Committee with a strategic plan and did not seek industry input, the Committee chooses to defer funding for these initiatives to allow the new Administration the opportunity to evaluate 

the proposed programs, determine whether or not the significant 

multi-year investment involved fits within its priorities, and ensure 

that the proposed efforts are clearly focused. The Committee directs $36,750,000 in increased funding for the following activities: 

Measurements & Standards for Climate Change ............................ $7,500,000 

Innovations in Measurement Science ............................................... 3,000,000 

National Earthquake Hazards Reduction ........................................ 3,250,000 

Disaster Resilient Structures ............................................................ 4,000,000 

Cyber Security: Technologies for Interconnected Systems .............. 5,000,000 

Enabling the Hydrogen Economy ...................................................... 4,000,000 

Enabling Nanotechnology from Discovery to Manufacture ............. 3,500,000 

Manufacturing Innovation/Supply Chain Integration ..................... 1,000,000 

Quantum Information Science .......................................................... 3,500,000 

NIST Center for Neutron Research .................................................. 2,000,000 

Measurement & Standards for Climate Change Program.—NIST 

has the opportunity to address critical gaps in climate change 

science that are limiting long-term climate policy decision-making 

by: (1) resolving discrepancies in satellite-based measurements of 

solar intensity; and (2) providing critical information about an atmospheric component believed to play a major role in global climate change. Numerous climate monitoring systems provide essential information for predictive modeling of future climate changes, 

but those measurements must be made with sufficient accuracy 

and precision. The 2003 Strategic Plan for the U.S. Climate Change 

Science Program (CCSP) emphasizes this priority by directly citing 

NIST’s role in providing national standards for instrumentation. 

The Committee provides $7,500,000, which is $2,500,000 above the 

request. 

INDUSTRIAL TECHNOLOGY SERVICES

Fiscal Year 2008 enacted ................................................................... $154,840,000 

Fiscal Year 2009 request ................................................................... 4,000,000 

Recommended in the bill ................................................................... 187,200,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +32,360,000 

Fiscal Year 2009 request ............................................................ +183,200,000 

This appropriation provides funding for the Manufacturing Extension Partnerships (MEP) program and the Technology Innovation Program (TIP). The Committee recommendation includes 

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acted level and $183,200,000 above the request. Of this amount, 

$122,00,000 is provided for the Manufacturing Extension Partnerships (MEP) and $65,200,000 is provided for the Technology Innovation Program. The Committee does not agree with the Administration’s attempt to eliminate these programs. In the current economic climate, these programs are critically important to ensure 

the competitiveness of U.S. businesses. 

The MEP consists of a network of centers that provide business 

support and technical assistance services, and helps improve the 

productivity and competitiveness of small manufacturers. The centers are funded from matching Federal and State or local resources 

and fees charged for services. 

The Committee notes that MEP leverages private resources in 

the creation and retention of jobs, thereby increasing economic output as well as Federal revenues. The MEP system is uniquely positioned to be the resource of choice for increasing the competitiveness of U.S.-based supply chains, and MEP is the only organization 

whose mission is to improve the competitiveness of U.S. manufacturing. The MEP nationwide network, with its direct reach to the 

Nation’s manufacturers, has proven to be invaluable to numerous 

Federal government partners who utilize the network to distribute 

valuable, cutting-edge information and resources in areas of workforce, technology adoption, environment and energy, quality, and 

more. 

The TIP was established in Section 3012 of the 2007 COMPETES Act. The purpose is to speed the development of high-risk, 

transformative research targeted to address key societal challenges. 

Funding is provided to small and medium-sized businesses, and institutions of higher education or other organizations, such as national laboratories and nonprofit research institutions to support, 

promote, and accelerate innovation in the US. These organizations 

research potentially revolutionary technologies that present high 

technical risks but meet critical national needs. TIP replaces the 

Advanced Technology Program (ATP) but allows for continued support for previous ATP awards. 

CONSTRUCTION OF RESEARCH FACILITIES

Fiscal Year 2008 enacted ................................................................... $160,490,000 

Fiscal Year 2009 request ................................................................... 99,000,000 

Recommended in the bill ................................................................... 129,000,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ ¥31,490,000 

Fiscal Year 2009 request ............................................................ +30,000,000 

This appropriation supports the construction of new facilities and 

the renovation and maintenance of NIST’s current buildings and 

laboratories to comply with scientific and engineering requirements 

and to keep pace with Federal, State, and local health and safety 

regulations. The Committee recommendation includes 

$129,000,000, which is $30,000,000 above the request and 

$31,490,000 below fiscal year 2008. 

The Committee fully supports the final phase of construction of 

the Building 1 Extension in Boulder; the requested expansion of 

the laboratories at JILA; the third and last fiscal year of funding 

increases required in the five year NIST Center for Neutron Research (NCNR) expansion and reliability improvements; and the 


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fiscal year 2009 request for Safety, Capacity, Maintenance, and 

Major Repairs (SCMMR). 

Competitive Construction grants.—The Committee recommendation provides $30,000,000 for competitive construction grants for 

research science buildings. Such buildings shall be evaluated on 

the scientific and technical merit of the proposed use and need for 

Federal funding; the quality of the design of the research science 

building; and the adequacy of the project execution plan. These 

grants shall be awarded to colleges, universities, and other nonprofit science research organizations on a merit-based basis. 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

The mission of the National Oceanic and Atmospheric Administration (NOAA) is to understand and predict changes in the Earth’s 

environment and conserve and manage coastal and marine resources to meet our Nation’s economic, social and environmental 

needs. NOAA supplies information on the oceans and atmosphere, 

provides stewardship of our coastal and marine environment, and 

leads scientific research in such fields as ecosystems, climate, global climate change, weather and water. 

The Committee recommendation includes a total of 

$4,252,640,000 in discretionary appropriations for the National 

Oceanic and Atmospheric Administration, which is $148,727,000 

above the request, and $356,156,000 above fiscal year 2008. 

OPERATIONS, RESEARCH, AND FACILITIES

(INCLUDING TRANSFER OF FUNDS)

Fiscal Year 2008 enacted ................................................................... $2,856,277,000 

Fiscal Year 2009 request ................................................................... 2,831,253,000 

Recommended in the bill ................................................................... 2,979,325,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +123,048,000 

Fiscal Year 2009 request ............................................................ +148,072,000 

The Committee recommendation includes a total program level of 

$3,072,325,000 under this account for the coastal, fisheries, marine, 

weather, satellite and other programs of the National Oceanic and 

Atmospheric Administration. This total funding level includes 

$2,979,325,000 in direction appropriations, a transfer of 

$79,000,000 from balances in the ‘‘Promote and Develop Fishery 

Products and Research Pertaining to American Fisheries’’ account, 

a transfer of $3,000,000 from the Coastal Zone Management Fund, 

and $11,000,000 is derived from recoveries of prior year obligations. 

The direct appropriation of $2,979,325,000 is $148,072,000 above 

the request and $123,048,000 above the fiscal year 2008 level. 

The following narrative descriptions and tables identify the specific activities and funding levels included in this Act. 

National Ocean Service (NOS).—The recommendation provides 

$472,192,000 for NOS operations, research and facilities, which is 

$22,940,000 above the request. This includes $171,193,000 for 

Ocean Resources Conservation and Assessment, which is 

$14,100,000 above the request, and provides $19,555,000 for the Integrated Ocean Observing System (IOOS) regional observations 

and $8,500,000 for NOAA IOOS. Within the recommendation, 

$27,997,000 is provided for Coral Reef Program, which is 


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$2,100,000 above the request. The Committee directs NOS to apply 

the additional funding to Deep Sea Coral and competitive grants 

for coral reef research. The recommendation also includes 

$25,454,000 for Response and Restoration, which provides 

$2,188,000 for Estuary Restoration and an additional $2,000,000 

above the request for Damage Assessment and Restoration; and 

$17,801,000 for Competitive Research, which is $2,000,000 above 

the request. 

NATIONAL OCEAN SERVICE—OPERATIONS, RESEARCH AND FACILITIES 

[in thousands of dollars] 

Recommended 

Navigation Services: 

Mapping & Charting ............................................................................................................................... 63,615 

Address Survey Backlog/Contracts .......................................................................................................... 31,173 

Geodesy .................................................................................................................................................... 25,401 

Tide & Current Data ................................................................................................................................ 28,837 

Total, Navigation Services .............................................................................................................. 149,026 

Ocean Resources Conservation and Assessment: 

Ocean Assessment Program .................................................................................................................... 46,929 

Coastal Services Center .......................................................................................................................... 20,254 

Coral Reef Program ................................................................................................................................. 27,997 

Response and Restoration ...................................................................................................................... 25,454 

National Centers for Coastal Ocean Science (NCCOS) ........................................................................... 32,758 

Competitive Research .............................................................................................................................. 17,801 

Total, Ocean Resources Conserv. & Assess. .................................................................................. 171,193 

Ocean and Coastal Management: 

CZM Grants ............................................................................................................................................. 66,146 

CZM Program Administration .................................................................................................................. 8,155 

National Estuarine Research Reserve System ........................................................................................ 22,326 

Non-point Pollution Implementation Grants ........................................................................................... 2,500 

Marine Protected Areas ........................................................................................................................... 2,900 

Marine Sanctuary Program ...................................................................................................................... 49,946 

Total, Ocean and Coastal Management ........................................................................................ 1451,973 

Total, National Ocean Service—ORF .................................................................................... 472,192 

National Marine Fisheries Service (NMFS).—The recommendation provides $744,415,000 for NMFS operations, research and facilities, which is $20,204,000 above the request. 

The recommendation provides $176,241,000 for Protected Species 

Research and Management, which is $9,000,000 above the request. 

The NMFS is directed to apply the funding to the Hawaiian Monk 

Seal, the Hawaiian Sea Turtle, the Bottlenose Dolphin, and Section 

6 Endangered Species Act grants to States. The Hawaiian Monk 

Seal may be one of the world’s most endangered marine species, 

and the Committee is concerned that the agency has not provided 

adequate funding to reverse this decline. The Committee is also 

concerned at the extent of the funding for Section 6 Endangered 

Species Act grants to States, which is approximately $1,000,000, 

and further directs NMFS to include adequate funding levels for 

these endangered species and Section 6 grants to States in future 

budget requests. 

The recommendation also provides a total of $49,905,000 for 

Habitat Conservation and Restoration, which is $6,500,000 above 

the request. Within this amount, $2,000,000 is provided above the 


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request for the Open Rivers Initiative, and $4,500,000 is provided 

above the request for the Community Based Restoration Program. The recommendation also includes $2,500,000 for Chesapeake 

Bay Studies. Within the funds provided, NMFS is directed to apply 

$500,000 for the improvement of the living resources of the Chesapeake Bay watershed, including its headwater streams. 

NATIONAL MARINE FISHERIES SERVICE—OPERATIONS, RESEARCH AND FACILITIES 

[In thousands of dollars] 

Recommended 

Protected Species Research and Management: 

Protected Species .................................................................................................................................... $176,241 

Protected Species Research and Management .............................................................................. 176,241 

Fisheries Research and Management: 

Fisheries Research and Management Programs .................................................................................... 159,585 

Expand Annual Stock Assessments—Improve Data Collection ............................................................. 42,708 

Salmon Management Activities ............................................................................................................... 24,381 

Regional Councils and Fisheries Commissions ...................................................................................... 27,289 

Fisheries Statistics .................................................................................................................................. 16,152 

Fish Information Networks ...................................................................................................................... 22,013 

Survey and Monitoring Projects .............................................................................................................. 23,270 

Other Fisheries-related projects .............................................................................................................. 31,612 

Total, Fisheries Research and Management .................................................................................. 347,010 

Enforcement & Observers/Training: 

Enforcement and Surveillance ................................................................................................................ 56,405 

Observers and Training ........................................................................................................................... 32,680 

Total, Enforcement & Observers/Training ...................................................................................... 89,085 

Habitat Conservation & Restoration: 

Habitat Conservation ............................................................................................................................... 49,905 

Total, Habitat Conservation & Restoration .................................................................................... 49,905 

Other Activities Supporting Fisheries: 

Other Activities Supporting Fisheries ...................................................................................................... 31,564 

Antarctic Research .................................................................................................................................. 2,639 

Chesapeake Bay Studies ......................................................................................................................... 2,500 

Cooperative Research .............................................................................................................................. 11,455 

Information Analyses & Dissemination ................................................................................................... 19,328 

National Environmental Policy Act (NEPA) .............................................................................................. 8,211 

NMFS Facilities Maintenance .................................................................................................................. 6,477 

Total, Other Activities Supporting Fisheries .................................................................................. 82,174 

Total, National Marine Fisheries Service—ORF .................................................................... 744,415 

Oceanic and Atmospheric Research (OAR).—The recommendation 

includes $396,344,000 for OAR operations, research and facilities, 

which is $24,074,000 above the request. 

The recommendation includes $203,491,000 for Climate Research, which is $8,014,000 above the request. The recommendation also includes $23,028,000 for Information Technology and 

R&D, $10,000,000 above the request, to increase NOAA’s supercomputing capacity. These funds will allow NOAA to run high resolution global climate models to improve seasonal forecasts and run 

earth simulations for long range climate research, which is needed 

by the impacts and policy communities. The Committee supports 

NOAA’s efforts toward the creation of a National Climate Service 

and directs the agency to accelerate its current efforts with the additional funding provided. 


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The recommendation includes $112,264,000 for Ocean, Coastal, 

and Great Lakes Research. Within this amount $59,997,000 is provided for the Sea Grant program, which is $5,000,000 above the request, and $1,060,000 is provided above the request for Laboratories and Cooperative Institutes. 

OFFICE OF OCEANIC & ATMOSPHERIC RESEARCH—OPERATIONS, RESEARCH AND FACILITIES 

[In thousands of dollars] 

Recommended 

Climate Research: 

Laboratories & Cooperative Institutes .................................................................................................... $53,337 

Competitive Research Program ............................................................................................................... 139,702 

Climate Operations, Data & Information ................................................................................................ 10,452 

Total, Climate Research ................................................................................................................. 203,491 

Weather & Air Quality Research: 

Laboratories & Cooperative Institutes .................................................................................................... 49,089 

Tornado Severe Storm Research/Phased Array Radar ............................................................................ 8,472 

Total, Weather & Air Quality Research Programs .......................................................................... 57,561 

Ocean, Coastal, and Great Lakes Research: 

Laboratories & Cooperative Institutes .................................................................................................... 21,866 

National Sea Grant College Program ...................................................................................................... 59,997 

Ocean Exploration and Research ............................................................................................................ 27,791 

Other Ecosystems Programs .................................................................................................................... 2,610 

Total, Ocean, Coastal, and Great Lakes Research ........................................................................ 112,264 

Information Technology and R&D: 

High Performance Computing Initiatives ................................................................................................ 23,028 

Total, Information Technology and R&D ........................................................................................ 23,028 

Total, Office of Atmospheric Research—ORF ....................................................................... 396,344 

National Weather Service (NWS).—The recommendation provides 

$825,833,000 for National Weather Service operations, research 

and facilities, which is $7,000,000 above the request. The increase 

is provided solely for Local Warnings and Forecasts and reflects the 

Committee’s concern with regard to the chronic shortage of salaries 

and expenses funds within the NWS. 

NATIONAL WEATHER SERVICE—OPERATIONS, RESEARCH AND FACILITIES 

[In thousands of dollars] 

Recommended 

Operations and Research: 

Local Warnings and Forecasts ................................................................................................................ $649,322 

Advanced Hydrological Prediction Services ............................................................................................. 6,037 

Aviation Weather ..................................................................................................................................... 5,253 

WFO Maintenance .................................................................................................................................... 7,316 

Weather Radio Transmitters .................................................................................................................... 2,297 

Central Forecast Guidance ...................................................................................................................... 57,253 

Total, Operations and Research ..................................................................................................... 727,478 

Systems Operation & Maintenance: 

NEXRAD .................................................................................................................................................... 45,121 

ASOS ........................................................................................................................................................ 9,657 

AWIPS ....................................................................................................................................................... 38,065 

NWSTG Backup—CIP .............................................................................................................................. 5,512 

Total, Systems Operation & Maintenance ...................................................................................... 98,355 


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NATIONAL WEATHER SERVICE—OPERATIONS, RESEARCH AND FACILITIES—Continued 

[In thousands of dollars] 

Recommended 

Total, National Weather Service—ORF ................................................................................. 825,833 

National Environmental Satellite, Data and Information Service 

(NESDIS).—The recommendation provides $179,171,000 for NESDIS operations, research and facilities, which is $13,879,000 

above the request. The Committee recommendation does not fund 

the request for the Ocean Surface Vector Winds Studies. Instead, 

the Committee directs NESDIS to conduct the studies in-house and 

within available appropriations, and in conjunction with NASA, 

which has been directed similarly. The recommendation for Data 

Centers and Information Services is $70,538,000, which is 

$16,879,000 above the request, and provides for additional environmental data archiving, access and assessment activities. 

NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE—OPERATIONS, 

RESEARCH AND FACILITIES 

[In thousands of dollars] 

Recommended 

Environmental Satellite Observing Systems: 

Satellite Command and Control .............................................................................................................. $46,381 

Product Processing and Distribution ...................................................................................................... 31,457 

Product Development, Readiness & Application ..................................................................................... 28,376 

Space Commercialization, Licensing & Enforcement ............................................................................. 2,419 

Ocean Surface Vector Winds Studies ...................................................................................................... ............................

Total, Environmental Satellite Observing Sys ................................................................................ 108,633 

NOAA’s Data Centers & Information Services: 

NOAA’s Data Centers & Information Services ........................................................................................ 70,538 

Total, Data Centers & Information Services .................................................................................. 70,538 

Total, NESDIS—ORF .............................................................................................................. 179,171 

Program Support (PS).—The recommendation provides $409,955,000, which is $15,560,000 above the request for Program 

Support. The recommendation includes $29,297,000 for facilities, 

which provides a 25 percent increase over the request for facilities 

management and construction. The Office of the Inspector General 

has confirmed a significant and increasing backlog of deferred 

maintenance in fiscal years 2005 and 2006. The Committee is concerned that NOAA is not addressing these issues, and is not protecting the taxpayers’ investment. The Committee thus directs 

NOAA to meet the out-year funding profile necessary to reverse the 

growing backlog of restoration projects, as well as the backlog of 

maintenance and minor repair projects. The Committee further directs NOAA to submit to the Committee, within 90 days of enactment of this Act, an allocation for the restoration funds provided 

that reflects the highest priority projects identified in the latest facility modernization plan. The recommendation also includes $167,089,000 for Marine and 

Aviation Operations, which includes $5,060,000 above the request 

for Marine Services and $1,500,000 above the request for Aviation 

Operations, to partially offset increased fuel costs across NOAA. 


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PROGRAM SUPPORT—OPERATIONS, RESEARCH AND FACILITIES 

[In thousands of dollars] 

Recommended 

Corporate Services: 

Under Secretary and Associate Offices ................................................................................................... $28,676 

Consolidated Mission Support ................................................................................................................. 115,561 

Commerce Business System (formerly CAMS) ........................................................................................ 10,171 

Payment to the DOC Working Capital Fund ........................................................................................... 36,583 

IT Security ................................................................................................................................................ 2,050 

Total, Corporate Services ............................................................................................................... 193,041 

NOAA Education Program: 

NOAA Education Program ........................................................................................................................ 20,528 

Total, NOAA Education Program ..................................................................................................... 20,528 

Facilities: 

NOAA Facilities Management & Construction ......................................................................................... 29,297 

Total, Facilities ............................................................................................................................... 29,297 

Marine and Aviation Operations: 

Marine Services ....................................................................................................................................... 118,511 

Fleet Planning and Maintenance ............................................................................................................ 17,034 

Aviation Operations ................................................................................................................................. 31,544 

Total, Office of Marine & Aviation Operations .............................................................................. 167,089 

Total, Program Support—ORF .............................................................................................. 409,955

Justification improvement.—The Committee directs NOAA to 

work with the Committee to reformat the justification into a more 

useable and user-friendly document, starting with the fiscal year 

2010 submission. 

Research and Development (R&D) tracking and outcomes.—The 

Committee directs NOAA to continue tracking the division of R&D 

funds between intramural and extramural research, and further directs NOAA to assure consistency and clarity in the collection and 

reporting of data. The Committee also directs NOAA to state clearly its expected research outcomes and available funding in order to 

provide transparency into the competitive grant process for extramural researchers. The Committee is concerned that by not providing sufficient extramural research funding, NOAA risks discouraging extramural involvement in NOAA’s research programs and 

the concomitant leveraging of external funds in support of missionoriented research. Thus, the Committee encourages NOAA to provide additional extramural funding in future budget requests. 

Atmospheric sciences.—The Committee urges NOAA to make atmospheric sciences a priority within the resources made available 

in this Act and to request sufficient resources in subsequent years 

to advance this research. 

Space-based scientific data.—The Committee directs NOAA to report to the Committee on its plans to obtain space-based scientific 

data from commercial sources over the next three years within 

sixty days after the enactment of this Act. 

Ocean research priorities plan implementation.—The Committee 

directs competitive consideration of any region susceptible to coastal hazards within the ocean research priorities plan implementation. 


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Within the appropriation, $44,415,000 is provided for the following activities: 


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PROCUREMENT, ACQUISITION AND CONSTRUCTION

Fiscal Year 2008 enacted ................................................................... $979,207,000 

Fiscal Year 2009 request ................................................................... 1,238,660,000 

Recommended in the bill ................................................................... 1,212,315,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +233,108,000 

Fiscal Year 2009 request ............................................................ ¥26,345,000 

This account funds capital acquisition, construction, and fleet 

and aircraft replacement projects that support NOAA’s operational 

mission across all line offices. Capital acquisition projects include 

satellite procurements and surface weather observation equipment 

for NOAA’s weather and climate programs. Construction projects 

include new buildings or major modification of existing facilities. 

Fleet and aircraft replacement includes acquisition of new and upgrades to existing aircrafts and vessels.. 

The Committee recommendation includes a total program level of 

$1,214,315,000 in direction obligations under this heading, of which 

$1,212,315,000 is appropriated from the general fund and 

$2,000,000 is derived from recoveries of prior year obligations. The 

direct appropriation of $1,212,315,000 for the Procurement, Acquisition and Construction account, is $26,345,000 below the request 

and $233,108,000 above fiscal year 2008. 

The bill includes language making any deviation from amounts 

designated for specific activities in this report, or any use of 

deobligated balances of funds provided under this heading in previous years shall be subject to the reprogramming procedures set 

forth in section 505. 

National Ocean Service.—The recommendation includes 

$48,100,000 for NOS acquisition and construction, $20,715,000 

above the requested level. This includes $3,325,000 above the request for the Coastal and Estuarine Land Conservation program, 

doubles the requested amount for the National Estuarine Research 

and Reserve System Acquisition and Construction and increase the 

Marine Sanctuaries Construction and Acquisition program 

$10,500,000 above the request. 

Oceanic and Atmospheric Research (OAR).—The recommendation 

includes $10,379,000 for OAR systems acquisition, the same as the 

request. 

National Weather Service (NWS).—The recommendation includes 

$111,858,000 for NWS acquisition and construction, the same as 

the request. 

National Environmental Satellite Data and Information Service 

(NESDIS).—The recommendation includes $992,588,000 for 

NESDIS acquisition and construction, which is the requested level. 

This provides full funding for GOES–R, NPOESS, and includes 

$74,000,000 for the restoration of critical climate sensors. The 

Committee remains concerned about the impact of the GOES–R 

out-year costs on NOAA’s traditional mission areas. 

Program Support (PS).—The recommendation includes 

$37,890,000 for construction which provides $22,890,000 for the Pacific Regional Center, an increase of $2,910,00 above fiscal year 

2008. This recommendation also includes $15,000,000 for the next 

phase of the Southwest Fisheries Science Center. The Committee 

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cility will be located in La Jolla. The recommendation also includes 

the request level of $11,500,000 for fleet replacement. 

PROCUREMENT, ACQUISITION & CONSTRUCTION 

[In thousands of dollars] 

Recommended 

Coastal and Estuarine Land Conservation Program (NOS) ............................................................................. $18,325 

National Estuarine Land Research and Reserve System Construction/Acquisition (NOS) .............................. 13,780 

Marine Sanctuaries Construction/Acquisition (NOS) ........................................................................................ 15,995 

Systems Acquisition (OAR) ............................................................................................................................... 10,379 

Weather and Climate Systems Acquisition (NWS) ........................................................................................... 85,254 

Construction (NWS) .......................................................................................................................................... 26,604 

Geostationary Systems Acquisition (NESDIS) ................................................................................................... 550,263 

Polar Orbiting Systems—POES (NESDIS) ........................................................................................................ 65,419 

Polar Orbiting Systems—NPOESS (NESDIS) .................................................................................................... 287,985 

EOS & Advanced Polar Data Systems (NESDIS) .............................................................................................. 990 

CIP—single point of failure (NESDIS) ............................................................................................................. 2,772 

Comprehensive Large Array Data Stewardship System (NESDIS) ................................................................... 6,476 

NPOESS Preparatory Data Exploitation (NESDIS) ............................................................................................. 2,455 

Satellite CDA Facility (NESDIS) ........................................................................................................................ 2,228 

Restoration of Climate Sensors (NESDIS) ........................................................................................................ 74,000 

Construction (PS) ............................................................................................................................................. 37,890 

Fleet Replacement (PS) .................................................................................................................................... 11,500 

Total, PAC ................................................................................................................................................ 1,212,315 

PACIFIC COASTAL SALMON RECOVERY

Fiscal Year 2008 enacted ................................................................... $67,000,000 

Fiscal Year 2009 request ................................................................... 35,000,000 

Recommended in the bill ................................................................... 65,000,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ ¥2,000,000 

Fiscal Year 2009 request ............................................................ +30,000,000 

This account funds State, Tribal and local conservation initiatives to help recover Pacific salmon populations. State and local recipients of this funding will provide matching contributions of at 

least thirty-three percent of Federal funds. In addition, funds will 

be available to Tribes that do not require matching dollars. The 

Committee recommendation includes $65,000,000 for Pacific Coastal Salmon Recovery, which is $2,000,000 below fiscal year 2008 and 

$30,000,000 above the request. 

COASTAL ZONE MANAGEMENT FUND

(INCLUDING TRANSFER OF FUNDS)

Fiscal Year 2008 enacted ................................................................... ¥$3,000,000 

Fiscal Year 2009 request ................................................................... ¥3,000,000 

Recommended in the bill ................................................................... ¥3,000,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ ............................

Fiscal Year 2009 request ............................................................ ............................

This fund was established by the Coastal Zone Act Reauthorization Amendments of 1990 (CZARA). The fund consists of loan repayments from the former Coastal Energy Impact Program. The 

proceeds are to be used to offset the Operations, Research, and Facilities account for the costs of implementing the Coastal Zone 

Management Act of 1972, as amended. The Committee recommendation includes language transferring not to exceed 


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$3,000,000 from the Coastal Zone Management Fund to the ‘‘Operations, Research, and Facilities Account.’’ 

FISHERIES FINANCE PROGRAM ACCOUNT

Fiscal Year 2008 enacted ................................................................... ¥$6,000,000 

Fiscal Year 2009 request ................................................................... ¥1,000,000 

Recommended in the bill ................................................................... ¥4,000,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +2,000,000 

Fiscal Year 2009 request ............................................................ ¥3,000,000 

This account covers the subsidy costs of guaranteed loans (pre1997) and direct loans (post-1996) obligated or committed subsequent to October 1, 1991, as authorized by the Merchant Marine 

Act of 1936 as amended. The recommendation includes language 

under this heading limiting obligations of direct loans to $8,000,000 

for Individual Fishing Quota loans and $59,000,000 for traditional 

direct loans. 

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

Fiscal Year 2008 enacted ................................................................... $44,294,000 

Fiscal Year 2009 request ................................................................... 61,083,000 

Recommended in the bill ................................................................... 45,000,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +706,000 

Fiscal Year 2009 request ............................................................ ¥16,083,000 

The salaries and expenses appropriation provides funding for Executive Direction and Departmental Staff Services. Executive Direction funds the development and implementation of policies and 

coordinates bureaus’ program activities. Departmental Staff Services funds the development and implementation of the Department’s internal policies, procedures and other administrative functions. 

The Committee recommendation includes $45,000,000 for Departmental Management, which is $706,000 above fiscal year 2008 

and $16,083,000 below the request. The Committee is disappointed 

by the performance of the Department of Commerce’s departmental 

management. By failing to provide effective management and contract oversight, departmental officials have allowed the Bureau of 

the Census to court failure in the Field Data Collection Automation 

program. Furthermore, the Department did not keep the Congress 

informed of the magnitude of the program’s problems when first 

recognized. The Administration, too, has failed to provide the necessary and appropriate funding requests to guard against failure. 

The Committee is concerned that this continuing lack of commitment and leadership puts at risk the success of the constitutionally-mandated 2010 Decennial. 

The bill includes language that requires the Secretary of Commerce to provide a report to the Committee that audits and evaluates all decision documents and expenditures by the Bureau of 

Census as they relate to the 2010 Census. The bill also includes 

language that restricts $10,000,000 of the available appropriation 

from obligation until the Secretary certifies to the Committee that 

the Bureau of Census has met all standards and best management 


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practices and Office of Management and Budget guidelines related 

to information technology projects and contract management. 

IT Security.—Within appropriated funding, the Committee di- rects $4,117,000 to address the Department’s IT security material 

weaknesses and other concerns raised by the Inspector General. 

Emergency Steel Loan Guarantee Program.—The Committee disagrees with the administration’s proposed cancellation of the remaining unobligated subsidy balances associated with the Emergency Steel Loan Guarantee Program. 

Office of the Native American Business Development.—The Committee directs the creation of an implementation plan for the Office 

of the Native American Business Development, as authorized by 

section 4(a)(1) of the Native American Business Development, 

Trade Promotion, and Tourism Act of 2000 (25 U.S.C. 4303), within 

available funds. 

HERBERT C. HOOVER BUILDING RENOVATION AND MODERNIZATION

Fiscal Year 2008 enacted ................................................................... $3,722,000 

Fiscal Year 2009 request ................................................................... 7,367,000 

Recommended in the bill ................................................................... 7,367,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +3,645,000 

Fiscal Year 2009 request ............................................................ ............................

This account provides funding for the Commerce Department’s 

expenses associated with the modernization of the Herbert C. Hoover Building (HCHB). The Committee recommendation includes 

$7,367,000 for costs associated with the renovation of the HCHB, 

which is the same as the request and $3,645,000 above fiscal year 

2008. 

OFFICE OF INSPECTOR GENERAL

Fiscal Year 2008 enacted ................................................................... $22,020,000 

Fiscal Year 2009 request ................................................................... 24,766,000 

Recommended in the bill ................................................................... 26,926,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +4,906,000 

Fiscal Year 2009 request ............................................................ +2,160,000 

The mission of the Office of Inspector General (OIG) is to provide 

a unique, independent voice to the Secretary and other senior Commerce managers, as well as to Congress, in combating fraud, waste, 

abuse and mismanagement, and in improving the efficiency, effectiveness and economy of Department operations. These funds provide for OIG’s work conducting audits, inspections, and investigations. The Committee recommendation includes $26,926,000 for the 

OIG for fiscal year 2009, which is $4,906,000 above fiscal year 2008 

and $2,160,000 above the request. The increased funding allows 

the OIG to handle the increasing workload of Census and satellite 

issues. 

GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

The Committee recommends the following general provisions for 

the Department of Commerce: 

Section 101 makes funds available for advanced payments 

only upon certification of officials designated by the Secretary 

that such payments are considered to be in the public interest; 


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Section 102 makes appropriations for the Department for 

Salaries and Expenses available for hire of passenger motor vehicles, for services, and for uniforms and allowances as authorized by law; 

Section 103 provides the authority to transfer funds between 

Department of Commerce appropriation accounts and requiring 

notification to the Committee of certain actions; 

Section 104 provides that any costs incurred by the Department from personnel actions taken in response to funding reductions shall be absorbed within the total budgetary resources 

available to the Department and shall be subject to the reprogramming limitations set forth in this Act; 

Section 105 relates to the trademark of ‘‘Last Best Place’’; 

Section 106 provides for a personnel demonstration project; 

Section 107 provides for the prescribing and enforcing of 

standards and regulations regarding occupational diving; and 

Section 108 provides for the reimbursement for services 

within Department of Commerce buildings. 

TITLE II—DEPARTMENT OF JUSTICE 

GENERAL ADMINISTRATION

SALARIES AND EXPENSES

Fiscal Year 2008 enacted ................................................................... $97,832,000 

Fiscal Year 2009 request ................................................................... 105,805,000 

Recommended in the bill ................................................................... 105,805,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +7,973,000 

Fiscal Year 2009 request ............................................................ ............................

General Administration (GA) supports the Attorney General (AG) 

and Department of Justice (DOJ) senior policy level officials in 

managing Department resources and developing policies for legal, 

law enforcement and criminal justice activities. GA also provides 

administrative support services to the legal divisions. Most GA offices have significant oversight responsibilities that shape DOJ policy and influence the way the Department works toward meeting 

each of its strategic goals. The GA account consists of three decision units: Department Leadership, Executive Support/Professional 

Responsibility and Justice Management Division. The Office of the 

AG is funded through the Department Leadership decision unit. 

For fiscal year 2009, the Committee recommends $105,805,000, 

which is equal to the budget request. 

Politicization of DOJ.—The Committee has concerns about continuing allegations that political considerations are being placed 

above the law in enforcement, prosecutorial and policy decisions at 

the Department. The Committee encourages the AG to address and 

resolve swiftly all alleged incidences of politicization so that there 

is no appearance of impropriety in DOJ operations. 

Materials in support of the annual budget request.—The Committee reiterates its displeasure that the Department of Justice 

was unable to submit to the Committee additional requested information in support of the Department’s budget. The Department of 

Justice was the only agency under the Subcommittee’s jurisdiction 

which was unable to respond fully to requests for information within the liberal time tables imposed by the Committee. These mateVerDate Aug 31 2005 07:11 Dec 11, 2008 Jkt 045732 PO 00000 Frm 00042 Fmt 6659 Sfmt 6602 E:\HR\OC\HR919.XXX HR919

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rials are needed to more fully analyze and justify the annual budget request and serve as a permanent record of the Committee’s review of the annual budget proposal. The Committee directs the Department to take any action necessary to ensure that such delays 

do not occur in the fiscal year 2010 budget process. 

Office of Professional Responsibility (OPR) investigations.—The 

Committee commends the OPR for reviewing the Department’s 

legal justifications for the Administration’s interrogation techniques and warrantless wiretapping program. The Committee asks 

the Department to provide these reviews with all necessary support, including the provision of relevant documents and witnesses, 

and expects these investigations to be expeditiously pursued, even 

if the reviews need to continue after the current Administration is 

no longer in office. 

Resolution of disputes between components.—The Committee is 

concerned about continuing reports of jurisdictional turf battles between DOJ components, particularly the Federal Bureau of Investigation (FBI) and the Bureau of Alcohol, Tobacco, Firearms and 

Explosives (ATF). These disputes lead to unacceptable instances of 

waste, duplication and confusion, and they reflect negatively on the 

Department in the eyes of partner agencies and the public. The AG 

is urged to bring timely resolution to these disputes through the 

issuance of clear, definitive guidance on jurisdictional responsibilities and related issues. The Committee directs the AG to submit 

a report to the House and Senate Committees on Appropriations 

not later than 120 days after the enactment of this Act on the steps 

the Department has taken in order to reconcile these disputes and 

clarify the jurisdictional lines between FBI and ATF. 

Immigration workload.—The Committee is aware of the Department’s continuing struggle to keep pace with the immigration 

workload that is initiated by activities of the Department of Homeland Security (DHS). For several years in a row, DOJ has been 

forced to redirect internal resources in order to provide necessary 

judicial support and basic care for the large numbers of aliens 

turned over to DOJ by DHS. The practical effect of these redirections has been cuts to non-immigration programs at DOJ. 

The Committee would like to help DOJ meet the demand for its 

services, which would relieve significant pressure on non-immigration programs, but the need has not been sufficiently quantified. In 

order to capture the size of DOJ’s need, the Committee believes 

that a methodology is required to create defensible fiscal linkages 

between DHS activities and DOJ costs. The Department is directed 

to contract with the National Academy of Sciences (NAS) to develop, test and select a budget model that accurately captures these 

fiscal linkages and leverages them into an estimate of DOJ’s immigration-related costs. The $1,000,000 necessary to perform this 

study shall be funded from the appropriated level for this account, 

and the resulting conclusions should be submitted to the House 

and Senate Committees on Appropriations upon completion, but 

not later than 20 months after the enactment of this Act. 

The Committee recognizes that this coordination with NAS will 

take time and the results will not be available during the fiscal 

year 2009 budget development process. In the meantime, the Committee has recommended $83,028,000 of the Department’s pending 

multi-component southwest border request and will consider 


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reprogrammings, as necessary, to allow DOJ to continue addressing the ‘‘downstream’’ costs of immigration-related programs that 

have been initiated by DHS. 

Justice Management Division rent estimates.—The Committee remains frustrated by the lack of accuracy in the Department’s rent 

and facilities requests. The estimates produced by the Justice Management Division are frequently incorrect, sometimes by tens of 

millions of dollars. Every dollar unnecessarily allocated for rent is 

a dollar that the Committee is unable to appropriate for critical 

needs in other areas. The Committee urges the Department to continue making improvements in its facilities and rent management 

system in order to improve the accuracy of future requests. 

International drug gangs.—No later than one year after the enactment of this Act, the Attorney General, in consultation with the 

Secretary of Homeland Security, shall submit to the House and 

Senate Committees on Appropriations a report, in both classified 

and unclassified form, identifying the three international drug 

gangs that present the greatest threat to law and order in the 

United States; describing the composition, operations, strengths 

and weaknesses of each of these gangs; and setting forth a national 

strategy to eliminate within four years the illegal operations of 

each identified gang. 

In choosing the three gangs to be included, which will be designated as ‘‘National Threat Drug Gangs,’’ the Attorney General 

shall consider the extent to which the gang conducts activities with 

any international terrorist organization or state designated by the 

Secretary of State as a sponsor of terrorism; the volume of controlled substances that the gang imports to or distributes within 

the United States; and the extent to which the gang is a threat to 

children and schools within the United States. 

JUSTICE INFORMATION SHARING TECHNOLOGY

Fiscal Year 2008 enacted ................................................................... $85,540,000 

Fiscal Year 2009 request ................................................................... 93,868,000 

Recommended in the bill ................................................................... 93,868,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +8,328,000 

Fiscal Year 2009 request ............................................................ ............................

The Justice Information Sharing Technology (JIST) fund was established in fiscal year 2006 to provide for corporate investments 

in information technology (IT). As a centralized fund under the control of the DOJ Chief Information Officer, it ensures that investments in information sharing technology and infrastructure are 

well planned and aligned with DOJ’s overall IT strategy and enterprise architecture. For fiscal year 2009, the Committee recommends $93,868,000, which is equal to the budget request. 

Cyber security.—The Committee notes that the Administration 

has chosen not to request new cyber security funds for JIST in 

spite of the imposition of significant new Office of Management and 

Budget mandates in this area. No later than 60 days after the enactment of this Act, the Department is directed to report to the 

House and Senate Committees on Appropriations on expected cyber 

security costs in the JIST account for fiscal year 2009 and the Department’s plan for covering these costs without additional appropriated resources. 


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Unified Financial Management System (UFMS).—The Committee 

has provided the requested level of funding for UFMS. This level 

should enable the Department to continue planning and implementation efforts for the expansion of UFMS to additional DOJ components. However, the Committee will be closely monitoring the live 

deployment of UFMS at the Drug Enforcement Administration 

(DEA), and support for DOJ’s planned UFMS reprogramming in 

fiscal year 2009 will be contingent on appropriate standards of success being met at DEA. Some standards of interest to the Committee include the number and percent of DEA’s transactions processed on UFMS, users transitioned to UFMS and processes being 

run through UFMS. The Committee is also interested in the resources (dollars and workhours) that DEA contributed to deploy the 

system on top of the resources provided by DOJ through the UFMS 

project office. 

TACTICAL LAW ENFORCEMENT WIRELESS COMMUNICATIONS

Fiscal Year 2008 enacted ................................................................... $74,260,000 

Fiscal Year 2009 request ................................................................... 121,651,000 

Recommended in the bill ................................................................... 185,000,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +110,740,000 

Fiscal Year 2009 request ............................................................ +63,349,000 

The mission of Tactical Law Enforcement Wireless Communications is to provide secure, interoperable and reliable wireless communication services required by DOJ’s law enforcement components and all Federal agents and officers engaged in the conduct 

of law enforcement, protective services, homeland defense and disaster response missions. This account funds component legacy network requirements, operations of the Wireless Management Office 

and the acquisition of new equipment and services. For fiscal year 

2009, the Committee recommends $185,000,000, which is 

$63,349,000 more than the budget request. 

Integrated Wireless Network.—One of the most important lessons 

learned from the 9/11 terrorist attacks was the critical need for secure, interoperable communication networks for law enforcement 

agents and other first responders. More than 6 years after those attacks, however, the Department still lacks the necessary infrastructure and equipment to deploy such a network for its personnel. The 

Committee is concerned that the Administration’s request for this 

account does not sufficiently address the Department’s communications deficiencies and will merely contribute to the ongoing delays 

in the nationwide deployment of the Integrated Wireless Network 

(IWN) solution. Accordingly, the Committee recommends a total of 

$88,249,000 for IWN and directs the Department to use these 

funds for accelerated IWN deployment in high priority metropolitan regions. The Committee urges the Department to take all necessary steps to further speed the deployment of IWN to other major 

metropolitan areas across the nation. 


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ADMINISTRATIVE REVIEW AND APPEALS

Fiscal Year 2008 enacted 1 ................................................................. $232,649,000 

Fiscal Year 2009 request ................................................................... 263,791,000 

Recommended in the bill ................................................................... 268,791,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +36,142,000 

Fiscal Year 2009 request ............................................................ +5,000,000 1 Excludes $8,000,000 in emergency funding. 

This appropriation supports the Executive Office of Immigration 

Review and the Office of the Pardon Attorney. 

The mission of the Executive Office of Immigration Review 

(EOIR) is to provide the timely and uniform interpretation and application of immigration law, ensuring due process and fair treatment for all parties involved. EOIR includes the Board of Immigration Appeals, Immigration Judges, and Administrative Law Judges 

who decide through administrative hearings whether to admit or 

exclude aliens seeking to enter the country, and whether to deport 

or adjust the status of aliens whose status has been challenged. 

The Office of the Pardon Attorney receives, investigates, and considers petitions for all forms of executive clemency. For fiscal year 2009, the Committee recommends $266,404,000 for EOIR, which is $36,142,000 over the fiscal year 2008 enacted 

level and $5,000,000 over the budget request. Within funds provided, $5,000,000 is made available to hire new immigration judges 

and additional support personnel to address a growing immigration 

caseload. The appropriation is offset by $4,000,000 in fees that are 

collected by DHS and transferred to EOIR. Within funds provided, 

$10,000,000 is made available, as requested, for EOIR’s implementation and maintenance of a digital audio recording system and the 

Immigration Review Information Exchange System to ensure accurate records of immigration proceedings. 

Legal Orientation Program (LOP).—Within funds provided in 

this bill and in fiscal year 2008, EOIR is expected to continue to 

support the LOP in order to improve judicial efficiency and to assist all parties involved in detained removal proceedings. 

Immigration court reforms.—Within 30 days of enactment of this 

Act, the Department is directed to report to the House and Senate 

Committees on Appropriations on the implementation status of the 

22 reform measures to improve the efficiency of immigration court 

that were identified by the AG in August, 2006. 

Competency evaluation standards.—EOIR is encouraged to work 

with experts and interested parties in developing standards and 

materials for immigration judges to use in conducting competency 

evaluations of persons appearing before the courts. 

The Committee recommends $2,387,000 for the Office of Pardon 

Attorney to support a total of 15 permanent positions and 15 FTE. 

DETENTION TRUSTEE

Fiscal Year 2008 enacted ................................................................... $1,225,920,000 

Fiscal Year 2009 request ................................................................... 1,295,319,000 

Recommended in the bill ................................................................... 1,289,053,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +63,133,000 

Fiscal Year 2009 request ............................................................ ¥6,266,000 

The Detention Trustee leads the development of DOJ detention 

policy and manages Federal detention resources with the goal of 


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maximizing available detention space and containing costs associated with the detention of criminal defendants and aliens awaiting 

adjudication and/or removal from the United States. For fiscal year 

2009, the Committee recommends $1,289,053,000, which is 

$6,266,000 less than the budget request. 

Efficiency reduction.—The Committee is uncomfortable with 

OFDT’s asserted ability to absorb a $53,734,000 efficiency reduction in 2009. OFDT’s budget justification materials do not provide 

specific, quantifiable indications of how a reduction of this size will 

be managed, and the simultaneous inclusion of a $60,000,000 base 

adjustment further suggests that the efficiency reduction is not realistically achievable. The Committee is frustrated with the lack of 

transparency in this portion of OFDT’s request and has chosen to 

disregard both the efficiency reduction and the counterbalancing 

base adjustment in its recommendation. 

Immigration workload.—The Committee recommendation meets 

OFDT’s request for $37,570,000 to provide additional bed space for 

detainees generated by immigration-related activity along the 

southwest border. As noted earlier in this report, the Committee 

would like to ensure that DOJ is not further burdened by the need 

to absorb ‘‘downstream’’ costs of immigration activities, but additional budgetary information is needed. OFDT is encouraged to 

work with the Department and the National Academy of Sciences 

on the development of a reliable methodology for estimating DOJ’s 

detention costs related to immigration activities. 

OFFICE OF INSPECTOR GENERAL

Fiscal Year 2008 enacted ................................................................... $70,603,000 

Fiscal Year 2009 request ................................................................... 75,681,000 

Recommended in the bill ................................................................... 75,681,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +5,078,000 

Fiscal Year 2009 request ............................................................ ............................

The Office of Inspector General conducts independent investigations, audits, inspections, and special reviews of DOJ personnel 

and programs to detect and deter waste, fraud, abuse, and misconduct, and to promote integrity, economy, efficiency, and effectiveness in DOJ operations. The Committee recommends 

$75,681,000 for the Office of Inspector General, which is $5,078,000 

above the fiscal year 2008 enacted level and the same as the budget request. 

The Committee commends the Inspector General’s continuing 

oversight of the FBI’s use of National Security Letters and PATRIOT Act Section 215 orders to obtain business records. The Committee expects the Inspector General to use available funding to 

continue its assessment of the FBI’s progress in implementing corrective actions in these areas. 

Within funds provided, the Inspector General is expected to continue its review of the FBI’s development and implementation of 

the Sentinel case management system, and assess whether cost, 

schedule, performance and technical benchmarks are being met 

and whether the FBI has resolved concerns identified in its previous audits. 

The Committee looks forward to receiving the findings of the Inspector General regarding the firings of several U.S. Attorneys in 


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2006. The Inspector General is expected to investigate allegations 

of misconduct and make recommendations for corrective actions 

where appropriate. 

UNITED STATES PAROLE COMMISSION

SALARIES AND EXPENSES

Fiscal Year 2008 enacted ................................................................... $11,462,000 

Fiscal Year 2009 request ................................................................... 12,570,000 

Recommended in the bill ................................................................... 12,570,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +1,108,000 

Fiscal Year 2009 request ............................................................ ............................

The United States Parole Commission is an independent body 

within DOJ that makes decisions regarding requests for parole of 

Federal offenders and certain District of Columbia Code offenders. 

The Committee recommends $12,570,000 for the United States Parole Commission, which is $1,108,000 above fiscal year 2008 enacted level and equal to the request. 

LEGAL ACTIVITIES

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

Fiscal Year 2008 enacted 1 ................................................................. $735,549,000 

Fiscal Year 2009 request ................................................................... 804,007,000 

Recommended in the bill ................................................................... 804,007,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +68,458,000 

Fiscal Year 2009 request ............................................................ ............................ 1 Excludes $10,000,000 in FY08 emergency funding. 

This appropriation supports the establishment of litigation policy, conduct of litigation, and other legal responsibilities of the Department of Justice through the Office of the Solicitor General, the 

Tax Division, the Criminal Division, the Civil Division, the Environmental and Natural Resources Division, the Civil Rights Division, the Office of Legal Counsel, and Interpol-U.S. National Central Bureau. The Committee recommends a total of $804,007,000 

for General Legal Activities, which is $68,458,000 above the fiscal 

year 2008 enacted level and equal to the budget request. 

The funding is provided as follows: 

Solicitor General ................................................................................. $10,440,000 

Tax Division ........................................................................................ 101,016,000 

Criminal Division ............................................................................... 164,061,000 

Civil Division ...................................................................................... 270,431,000 

Environment and Natural Resources ............................................... 103,093,000 

Office of Legal Counsel ...................................................................... 6,693,000 

Civil Rights Division .......................................................................... 123,151,000 

INTERPOL–USNCB .......................................................................... 24,548,000 

Office of Dispute Resolution .............................................................. 574,000 

Total ............................................................................................. 804,007,000 

In addition to inflationary and other base adjustments for the divisions within this account, the recommendation includes a programmatic increase of $289,000 and one FTE for the Criminal Division, as requested, for Southwest Border enforcement. 

Federal Observer Program.—The Committee approves the budget 

request to reimburse the Office of Personnel Management for the 

costs of the Federal Observer Program, which places election monVerDate Aug 31 2005 07:11 Dec 11, 2008 Jkt 045732 PO 00000 Frm 00048 Fmt 6659 Sfmt 6602 E:\HR\OC\HR919.XXX HR919

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itors in jurisdictions where the Attorney General certifies or a Federal judge orders that they are necessary to ensure free and fair 

elections. The bill also makes available $3,390,000 until expended 

for this purpose. 

Budget display.—In the interest of transparency, the Committee 

rejects the Administration’s proposal to consolidate the decision 

units of each division for budgeting purposes. Future budget requests should show the separate activities of each division by the 

current decision units. 

VACCINE INJURY COMPENSATION TRUST FUND

Fiscal Year 2008 enacted ................................................................... $6,833,000 

Fiscal Year 2009 request ................................................................... 7,833,000 

Recommended in the bill ................................................................... 7,833,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +1,000,000 

Fiscal Year 2009 request ............................................................ ............................

The Vaccine Injury Compensation Trust Fund covers the Department of Justice’s expenses associated with litigating cases under 

the National Childhood Vaccine Injury Act of 1986. The Committee 

recommends $7,833,000 for the Vaccine Injury Compensation Trust 

Fund, the same as the budget request and $1,000,000 above the fiscal year 2008 enacted level. 

ANTITRUST DIVISION

SALARIES AND EXPENSES

Fiscal Year 2008 enacted ................................................................... $147,819,000 

Offsetting Fee Collections .................................................................. ¥139,000,000 

Direct Appropriation .......................................................................... 8,819,000 

.

Fiscal Year 2009 request ................................................................... 150,591,000 

Offsetting Fee Collections .................................................................. ¥150,591,000 

Direct Appropriation .......................................................................... ............................

.

Recommended in the bill ................................................................... 157,788,000 

Offsetting Fee Collections .................................................................. ¥157,788,000 

Direct Appropriation .......................................................................... ............................

.

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +9,969,000 

Fiscal Year 2009 request ............................................................ +7,197,000 

The Antitrust Division investigates potential violations of Federal antitrust laws, represents the interests of the United States in 

cases brought under these laws, acts on antitrust cases before the 

Supreme Court, and reviews decisions of regulatory commissions 

relating to antitrust law. Appropriations for the Antitrust Division 

are offset by Hart-Scott-Rodino Act pre-merger filing fee collections. 

The Committee recommends $157,788,000 in budget authority 

for the Antitrust Division, $9,969,000 above fiscal year 2008 enacted level and $7,197,000 over the budget request, which is provided to lift the hiring freeze imposed during fiscal year 2008. This 

appropriation is offset by $157,788,000 in pre-merger filing fee collections, resulting in a direct appropriation of $0. 

Budget display.—In the interest of transparency, the Committee 

rejects the Administration’s proposal to consolidate the decision 

units of the Antitrust Division for budgeting purposes. Future 


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budget requests should show the separate activities of the current 

decision units. 

UNITED STATES ATTORNEYS

SALARIES AND EXPENSES

Fiscal Year 2008 enacted 1 ................................................................. $1,747,822,000 

Fiscal Year 2009 request ................................................................... 1,831,336,000 

Recommended in the bill ................................................................... 1,836,336,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +88,514,000 

Fiscal Year 2009 request ............................................................ +5,000,000 1 Excludes $7,000,000 in emergency funding. 

This appropriation supports the Executive Office for United 

States Attorneys (EOUSA) and the 94 United States Attorney Offices, which serve as the principal litigators for the U.S. Government for criminal, civil, and debt collection matters. 

The Committee recommends $1,836,336,000 for the United 

States Attorneys (USA), which is $88,514,000 above the fiscal year 

2008 enacted level and $5,000,000 over the budget request. 

Child exploitation investigations and prosecutions.—The additional $5,000,000 above the budget request is made available to 

support the hiring of additional assistant USAs to increase investigations and prosecutions of offenses related to the sexual exploitation of children, as authorized by the Adam Walsh Child Protection and Safety Act of 2006. The Committee expects that not less 

than $33,600,000 shall be available for this purpose in fiscal year 

2009. 

Southwest border enforcement.—Within funds provided, the Committee approves the programmatic request of $8,400,000 and 83 positions to strengthen prosecutions of criminal enterprises, including 

human and drug smuggling, along the southwest border. 

Prosecution of serious crimes in Indian Country.—The Committee 

is concerned about coordination between USAs and tribal governments in the prosecution of serious crimes in Indian Country. The 

EOUSA is directed to report to the House and Senate Committees 

on Appropriations, within 60 days of enactment of this Act, on the 

prosecution of serious crimes in Indian Country, including murder 

and rape, which are reported to Federal law enforcement. 

Ethical and professional standards.—Justice rooted in law, not in 

politics or favor, is a founding principle of our Nation. U.S. Attorneys are vested with enormous power, and it is their sworn duty 

to enforce the laws of this country fairly and impartially. Even the 

hint of political bias in the performance of these duties is a violation of their oath and the American people’s trust, which cannot 

and must not be tolerated. 

The Committee continues to be deeply troubled by examples and 

allegations of political interference by the Administration in the 

work of the Justice Department, including within the U.S. Attorneys offices. Of particular note if the reckless prosecution by the 

U.S. Attorney for the Eastern District of Wisconsin of a State government employee in 2006, which an appellate court vigorously 

condemned and summarily overturned, ordering the immediate release of the defendant. From the bench, one of the judges told the 

prosecutors that ‘‘your evidence is beyond thin.’’ 


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The Committee expects all employees of the Justice Department 

to uphold the highest standards of ethical and professional conduct. 

The Attorney General is directed, within 30 days of enactment of 

this Act, to report to the House and Senate Committees on Appropriations on the resolution of allegations of impropriety by U.S. Attorneys. The Committee directs the Inspector General (OIG) and 

the Office of Professional Responsibility to coordinate their efforts 

in reviewing claims of misconduct and wrongdoing, and to report 

to the Committees within 60 days of enactment of this Act on their 

findings and recommendations. Further, the Committee awaits the 

OIG report on its review of the firings of several U.S. Attorneys in 

2006. 

UNITED STATES TRUSTEE SYSTEM FUND

Fiscal Year 2008 enacted ................................................................... $209,763,000 

Offsetting Fee Collections .................................................................. ¥184,000,000 

Interest on U.S. Securities ................................................................. ¥5,000,000 

Prior Year Unobligated Balances ...................................................... ¥20,000,000 

Direct Appropriation .......................................................................... 763,000 . Fiscal Year 2009 request ................................................................... 217,416,000 

Offsetting Fee Collections .................................................................. ¥160,000,000 

Interest on U.S. Securities ................................................................. ¥5,000,000 

Direct Appropriation .......................................................................... 52,416,000 . Recommended in the bill ................................................................... 217,416,000 

Offsetting Fee Collections .................................................................. ¥160,000,000 

Interest on U.S. Securities ................................................................. ¥5,000,000 

Direct Appropriation .......................................................................... 52,416,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +51,653,000 

Fiscal Year 2009 request ............................................................ ............................

The mission of the United States Trustee Program (USTP) is to 

promote integrity and efficiency in the Nation’s bankruptcy system 

by enforcing bankruptcy laws, and providing oversight of private 

trustees. To carry out its duties, the USTP is organized into three 

levels: The Executive Office for United States Trustees in Washington, DC; United States Trustees in 21 regions whose geographic 

jurisdiction is established by statute; and 95 field offices, which 

cover 150 court sites and 280 other administrative hearing locations. The Committee recommends $217,416,000 for the USTP, 

which is $51,653,000 over the fiscal year 2008 enacted level and 

equal to the budget request. The appropriation is offset by 

$160,000,000 in offsetting fee collections and $5,000,000 derived 

from interest on investments in U.S. securities, resulting in a direct appropriation of $52,416,000. 

FOREIGN CLAIMS SETTLEMENT COMMISSION

SALARIES AND EXPENSES

Fiscal Year 2008 enacted ................................................................... $1,606,000 

Fiscal Year 2009 request ................................................................... 1,823,000 

Recommended in the bill ................................................................... 1,823,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +217,000 

Fiscal Year 2009 request ............................................................ ............................

The mission of the Foreign Claims Settlement Commission is to 

protect the property rights of U.S. citizens abroad and promote the 

international rule of law through adjudication of claims by United 


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States citizens against foreign governments. The Committee recommends $1,823,000 for the Foreign Claims Settlement Commission, which is $217,000 over the fiscal year 2008 enacted level and 

equal to the budget request. 

FEES AND EXPENSES OF WITNESSES

Fiscal Year 2008 enacted ................................................................... $168,300,000 

Fiscal Year 2009 request ................................................................... 168,300,000 

Recommended in the bill ................................................................... 168,300,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ ............................

Fiscal Year 2009 request ............................................................ ............................

This appropriation, which is considered mandatory for 

scorekeeping purposes, provides for fees and expenses of witnesses 

who appear on behalf of the Government in cases in which the 

United States is a party. Eligible expenses include fees for fact and 

expert witnesses, mental competency examinations and witness 

and informant protection. For fiscal year 2009, the Committee recommends $168,300,000, which is equal to the budget request. 

COMMUNITY RELATIONS SERVICE

SALARIES AND EXPENSES

Fiscal Year 2008 enacted ................................................................... $9,794,000 

Fiscal Year 2009 request ................................................................... 9,873,000 

Recommended in the bill ................................................................... 9,873,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +79,000 

Fiscal Year 2009 request ............................................................ ............................

The Community Relations Service was established by Title X of 

the Civil Rights Act of 1964 to provide assistance to communities 

in resolving disagreements arising from discriminatory practices. 

The Committee recommends $9,873,000 for the Community Relations Service, which is $79,000 over the fiscal year 2008 enacted 

level and equal to the budget request. 

ASSETS FORFEITURE FUND

Fiscal Year 2008 enacted ................................................................... $20,990,000 

Fiscal Year 2009 request ................................................................... 20,990,000 

Recommended in the bill ................................................................... 20,990,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ ............................

Fiscal Year 2009 request ............................................................ ............................

The Assets Forfeiture Fund (AFF) provides funds for qualifying 

investigative expenses of federal law enforcement agencies and 

their state or local partners. Funds for these activities are provided 

from receipts in the AFF resulting from the forfeiture of assets. Expenses related to the management and disposal of the assets are 

also provided from receipts in the AFF by a permanent indefinite 

appropriation. For fiscal year 2009, the Committee recommends 

$20,990,000, which is equal to the budget request. 


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UNITED STATES MARSHALS SERVICE

SALARIES AND EXPENSES

Fiscal Year 2008 enacted 1 ................................................................. $849,219,000 

Fiscal Year 2009 request 2 ................................................................. 933,117,000 

Recommended in the bill ................................................................... 936,313,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +87,094,000 

Fiscal Year 2009 request ............................................................ +3,196,000 1 Excludes $15,000,000 in emergency funding. 

2 Includes $2,304,000 for construction. 

Established in 1789, the United States Marshals Service (USMS) 

is the enforcement arm of the Federal courts. The USMS is responsible for providing physical security to Federal judges and U.S. 

courthouses; protecting witnesses, jurors and members of the public; safely and humanely transporting and detaining Federal prisoners; and apprehending fugitives. The USMS has 94 district offices, corresponding with the 93 judicial districts and the D.C. Superior Court. For fiscal year 2009, the Committee recommends 

$936,313,000, an increase of $3,196,000 over the budget request 

($5,500,000 over the budget request after excluding construction 

funding). 

Balance between missions.—The Committee understands that the 

Marshals have significant responsibilities relating to immigration 

enforcement, which is the focus of the Administration’s budget request. However, the Marshals have substantial mandates in other 

areas where workload is increasing, resources are decreasing and 

no other agencies have the appropriate authority to fill the resulting gap in services. Accordingly, the Committee has tried to restore 

a better sense of balance to the 2009 Marshals budget by including 

initiatives in these other high priority mission areas, including sex 

offender apprehension and judicial security. 

Immigration workload.—The Committee recommends 

$12,746,000, as requested, to help the Marshals address the escalating immigration-related workload along the Southwest border. 

As noted earlier in this report, the Committee would like to ensure 

that DOJ is not further burdened by the need to absorb ‘‘downstream’’ costs of DHS immigration activities, but additional budgetary information is needed. The Marshals Service is encouraged to 

work with the Department and the National Academy of Sciences 

on the development of a reliable methodology for estimating DOJ’s 

costs related to immigration activities. 

Adam Walsh enforcement.—The Committee is disappointed that 

the Administration did not request funds for the Marshals to execute their responsibilities under the Adam Walsh Child Safety and 

Protection Act. Although this legislation was passed in 2006, the 

Marshals still have no significant resources dedicated to addressing 

an estimated caseload of 100,000 noncompliant sex offenders. In response to this problem, the Committee expects the Marshals to 

fund Adam Walsh enforcement activities with funds that were included in P.L. 110–252; these funds will remain available for use 

throughout fiscal year 2009. In addition, the Committee recommends $1,500,000 in this Act to improve sex offender targeting 

through the National Sex Offender Targeting Center and related 

efforts. Together, these appropriations will provide the Marshals 

with $18,470,000 available for Adam Walsh enforcement activities 


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in 2009. The Committee expects the Marshals Service to request a 

full annualization of both of these initiatives in its fiscal year 2010 

budget request. 

Judicial threat investigations.—The Marshals recently reported 

that 2008 is on pace to record the highest annual number of judicial threats and inappropriate communications to date. The Committee is concerned that the escalating threat workload is outpacing the Marshals’ ability to address that workload and that 

members of the judiciary are being exposed to unnecessary risk as 

a result. Accordingly, the Committee recommends $4,000,000 to 

strengthen the Marshals’ ability to analyze and investigate threats 

against the judiciary. 

Courthouse construction funding.—The Committee does not agree 

with the proposed consolidation of the Salaries and Expenses and 

Construction accounts. Funding for construction activities is provided under the Construction heading discussed below. 

CONSTRUCTION

Fiscal Year 2008 enacted ................................................................... $2,304,000 

Fiscal Year 2009 request ................................................................... (1) 

Recommended in the bill ................................................................... 4,000,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +1,696,000 

Fiscal Year 2009 request 1 .......................................................... +4,000,000 1The FY 2009 President’s Budget includes $2,304,000 for construction within the United States Marshals 

Service Salaries and Expenses request. 

This appropriation provides funds for construction and related 

expenses in space controlled, occupied or utilized by the Marshals 

Service for prisoner holding and related support. For fiscal year 

2009, the Committee recommends $4,000,000, which is $1,696,000 

higher than the amount requested under the Salaries and Expenses account. The Committee expects these funds to be applied 

to the highest priority renovation projects identified by the Marshals. 

NATIONAL SECURITY DIVISION

SALARIES AND EXPENSES

Fiscal Year 2008 enacted ................................................................... $73,373,000 

Fiscal Year 2009 request ................................................................... 83,789,000 

Recommended in the bill ................................................................... 83,789,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +10,416,000 

Fiscal Year 2009 request ............................................................ ............................

The mission of the National Security Division (NSD) is to coordinate the Department’s efforts in carrying out its core mission of 

combating terrorism and protecting national security. For fiscal 

year 2009, the Committee recommends $83,789,000, which is equal 

to the budget request. 

Foreign Intelligence Surveillance Act (FISA) backlog.—According 

to data recently submitted by the Department, NSD is processing 

over 2,200 FISAs per year with only 100 attorneys. This has led 

to the creation of a backlog among non-emergency FISA requests. 

The Committee directs NSD to submit a report on the trend in 

FISA backlog numbers over the past 5 fiscal years and NSD’s plan 

for addressing the backlog, beginning in fiscal year 2009. The report shall be submitted to the House and Senate Committees on 


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Appropriations no later than 60 days after the enactment of this 

Act. 

Intelligence oversight.—The Committee commends NSD for its 

proactive oversight activities aimed at the FBI’s use of National Security Letters (NSLs) and other authorities. The Committee understands that NSD has planned 18 National Security Reviews of FBI 

investigative and intelligence activity in fiscal year 2009 and expects to be informed of any significant deviations from this plan. 

Foreign investment reviews.—The Committee is concerned that 

NSD does not have sufficient dedicated resources to review adequately foreign investment proposals in the United States. The 

Committee directs NSD to submit a report on the Division’s foreign 

investment review workload and the Division’s ability to address 

adequately this workload with the resources available under this 

Act. The report shall be submitted to the House and Senate Committees on Appropriations no later than 60 days after the enactment of this Act. 

INTERAGENCY LAW ENFORCEMENT

INTERAGENCY CRIME AND DRUG ENFORCEMENT

Fiscal Year 2008 enacted ................................................................... $497,935,000 

Fiscal Year 2009 request ................................................................... 531,581,000 

Recommended in the bill ................................................................... 521,938,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +24,003,000 

Fiscal Year 2009 request ............................................................ ¥9,643,000 

The Interagency Crime and Drug Enforcement (ICDE) account 

seeks to combine the investigative and prosecutorial resources of 

the Department to bring down the ‘‘worst of the worst’’ in multinational drug trafficking organizations. The interagency program of 

the Organized Crime Drug Enforcement Task Forces (OCDETF) focuses participants on the mission of attacking high-level organizations through coordinated, multi-jurisdictional investigations. For 

fiscal year 2009, the Committee recommends $521,938,000, a decrease of $9,643,000 from the budget request. The decrease reflects 

the Committee’s intention to focus new program initiatives for the 

Marshals Service, U.S. Attorneys and DEA within those accounts 

rather than within the OCDETF structure. 

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

Fiscal Year 2008 enacted 1 ................................................................. $6,349,950,000 

Fiscal Year 2009 request ................................................................... 7,065,100,000 

Recommended in the bill ................................................................... 7,065,100,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +715,150,000 

Fiscal Year 2009 request ............................................................ ............................ 1 Excludes $143,539,000 in emergency funding. 

The mission of the FBI is to protect and defend the United States 

against terrorism and foreign intelligence threats; to uphold and 

enforce the criminal laws of the United States; and to provide leadership and criminal justice services to federal, state, municipal and 

international agencies and partners. For fiscal year 2009, the Committee recommends $7,065,100,000, which is equal to the budget 

request. 


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Program changes.—The Committee recommendation provides 

most of the program changes requested by the Administration, with 

the following deviations: 

Requested Program Changes ............................................................. $437,615,000 

Recommended Adjustments: 

Deployment aircraft .................................................................... ¥20,040,000 

National Security Analysis Center ............................................ ¥10,777,000 

Pay modernization ...................................................................... ¥9,076,000 

Intellectual property enforcement .............................................. +8,000,000 

Retention/relocation funding ...................................................... +8,893,000 

Mortgage fraud investigations ................................................... +10,000,000 

Contracting fraud investigations ............................................... +3,000,000 

Child exploitation enforcement .................................................. +10,000,000 

Total Program Changes ....................................................... 437,615,000 

The net impact of these deviations on the FBI’s total program enhancement number is zero. 

Deployment aircraft.—The Committee recommends a reduction of 

$20,040,000 to the Response to a WMD Incident request. These 

funds were intended to cover the fiscal year 2009 costs of an emergency deployment aircraft lease, but the costs of that lease were included in P.L. 110–252. 

National Security Analysis Center (NSAC).—The Committee does 

not recommend any additional funding for the FBI’s ongoing NSAC 

project. The Committee notes that the FBI plans to use ‘‘predictive 

models and patterns of behavior’’ to identify suspicious individuals, 

but it is unclear how the Bureau intends to define these predictive 

models in such a way as to avoid needless intrusions into the privacy of innocent citizens (and needless expenditures of agent time 

and energy chasing down false leads). Documentation, such as the 

Exhibit 300, a System of Records Notice, or Privacy Impact Assessment, is not available or not sufficiently updated to allay the Committee’s concerns about privacy and civil liberties. In addition, the 

Congress has been given very little in terms of a concept of operations or other implementation plan to indicate that the appropriate planning has taken place and the appropriate progress has 

been made to warrant an additional investment in this program. 

Pay modernization.—The Committee recommendation does not 

include the requested $9,076,000 for pay modernization. Based on 

experiences at the Departments of Defense and Homeland Security, 

the Committee has significant reservations about the merits and 

fairness of this brand of pay banding system and has not seen sufficient evidence that the system’s weaknesses have been adequately 

addressed. In addition, the request does not explain how the FBI 

intends to implement an Intelligence Community-driven evaluation 

and compensation system within an organization with significant 

resources outside of the Intelligence Community. 

Intellectual property enforcement.— The Committee recommendation provides $8,000,000 for additional agents, dedicated solely to 

investigating criminal intellectual property rights (IPR) cases, in 

the same localities of the Department’s Computer Hacking and Intellectual Property (CHIP) units. While FBI Special Agents currently work closely with CHIP Attorneys to investigate computer 

crime and IPR cases, the Committee believes that it is necessary 

to provide for additional agents whose sole purpose is to work on 

IPR investigations. The Committee recommends the addition of two 


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agents in each of the field offices in the same locality as those 

CHIP units which the Attorney General has determined most merit 

assistance in IPR investigations, but no less than 26 agents shall 

be assigned for this purpose. 

The recommendation also provides for the creation of an additional and distinct operational unit at FBI Headquarters with at 

least 5 full-time, permanent agents, dedicated to working with the 

Department of Justice’s Computer Crime and Intellectual Property 

Section (CCIPS), but solely on complex, multi-district and international criminal IPR cases. The agents appropriated for this section shall solely investigate and support the criminal prosecution 

of federal intellectual property laws, including Title 17 United 

States Code, sections 506 and 1204; Title 18 U.S. Code, sections 

1831, 1832, 2318, 2319, 2319A, 2319B, and 2320. 

Retention and relocation.—The Committee has seen a long string 

of reports indicating that the Bureau continues to experience staffing difficulties in a number of high priority position categories and 

organizational units, particularly within FBI Headquarters. The 

Bureau has taken a number of steps to address these staffing difficulties, but the Committee believes that additional retention and 

relocation funding is necessary to aid these other efforts. Accordingly, the Committee recommends $8,893,000 in additional funding 

for use under the FBI’s existing retention and relocation authorities, which remain in effect through December 31, 2009. This funding may also be used by the Bureau to ameliorate the impact on 

affected agents of the Field Office Supervisory Term Limit Policy 

under an agreement reached with the FBI Agents Association. 

Mortgage fraud investigations.—By most industry and law enforcement measures, mortgage fraud has been consistently rising 

for the past several years. Recent estimates suggest that annual 

mortgage fraud losses are now between $4 and $6 billion. These 

losses negatively impact financial institutions, other lenders, homeowners and homebuyers. The Committee is concerned that the FBI 

does not have sufficient resources to address its caseload in this 

area, which has increased by more than 55 percent since 2003. The 

$10,000,000 provided in the Committee’s recommendation will 

allow the FBI to dedicate additional agents to mortgage fraud investigations and add to the existing mortgage fraud task forces and 

working groups. 

Contracting fraud.—The Committee recommends $3,000,000 to 

fund the continuing investigation of potential fraud perpetrated by 

private businesses on contract to the Federal government. The 

Committee intends for the FBI to focus its investigations primarily 

on allegations of fraud committed by contractors involved in the 

planning, execution and support of ongoing military operations in 

Iraq and Afghanistan. These resources are in addition to funds that 

were included in P.L. 110–252, making a total of $8,000,000 available in 2009 for contracting fraud investigations. 

Child exploitation investigations.—The FBI operates several programs aimed at preventing and addressing various forms of child 

exploitation, including child pornography and child prostitution. 

Despite the importance of these programs, they have been neglected in the budget request, along with many other traditional 

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ommends $10,000,000 to improve and expand the FBI’s investigative capabilities in child exploitation cases. 

Foreign intelligence collection.— It has historically been beyond 

the scope of the FBI’s responsibilities to collect information on foreign entities that are not tied to an FBI case. Although the FBI has 

authority to collect this intelligence and has been asked by the Office of the Director of National Intelligence to do so, the Committee 

is concerned that this new tasking may dilute the FBI’s primary 

missions. The Committee is also unsure of how the FBI’s new focus 

on foreign intelligence collection will be coordinated with other 

agencies whose missions have always included foreign intelligence 

activities. The FBI is directed to report to the House and Senate 

Committees on Appropriations within 60 days of the enactment of 

this Act on how the Bureau will utilize its foreign intelligence collection resources without duplicating or conflicting with activities 

already underway at those other elements of the Intelligence Community with longstanding foreign intelligence missions. 

Long-term strategic planning.—The Committee remains unconvinced that the FBI has a clear idea of the long-term capability it 

is building. The FBI has experienced massive growth over the past 

seven years but seems unable to clearly articulate how much longer 

this kind of growth is going to be necessary. The Committee has 

seen the FBI’s ‘‘end-state capabilities’’, but the capabilities are too 

vaguely defined; it is impossible to discern from the end states how 

close the FBI is to those capabilities and how much the resources 

requested for fiscal year 2009 will help to advance the FBI toward 

those ultimate goals. The Committee directs the FBI to develop 

more discrete, quantifiable end-state capabilities that will better 

prepare the Committee to understand the implications of its annual budget decisions. 

National Security Letters (NSLs).—The Committee commends the 

FBI for the progress noted by the OIG’s March 2008 report on NSL 

abuse. However, the Committee is waiting to see more concrete evidence that the corrective measures implemented by the FBI will 

have a lasting positive impact on the FBI’s compliance with all 

NSL-related laws, regulations and policies. The Committee hopes 

to see that evidence in the OIG’s third annual assessment of the 

FBI’s NSL compliance, which will be released in 2009. 

The Committee remains concerned with the high incidence of 

NSL ‘‘third party errors’’ reported by the FBI. In these cases, the 

FBI asserts that non-compliance with law or policy is the result of 

a third party information provider supplying more or different information than requested by the FBI through an NSL. The Committee believes that the correction and prevention of these errors 

should be given as much emphasis as the correction and prevention 

of errors originating from the actions of an FBI employee; the result of the error is the same, regardless of which entity made the 

initial mistake. The Committee has seen little evidence, however, 

that the FBI has a plan in place to work with these third parties 

to educate them about their responsibilities and reduce the incidence of mistaken productions of content and other information. 

The Committee directs the FBI to report to the House and Senate 

Committees on Appropriations within 60 days of the enactment of 

this Act on the steps it is taking to reduce and prevent third party 

NSL errors. 


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Sentinel.—The Committee continues to follow the FBI’s progress 

in developing and implementing the Sentinel case management 

system. The Committee is aided in its oversight efforts by the continuing annual assessments of the OIG on Sentinel implementation 

and the FBI’s efforts to address previously identified concerns. As 

always, the Committee expects to be informed immediately of any 

significant deviations from the planned budget or schedule for this 

project. 

Next Generation CODIS.—The Committee is aware that the Inspector General (IG) is expected to issue a report on the contracting 

process for Next Generation CODIS. Given the FBI’s past challenges managing complicated information technology projects, the 

Committee will carefully monitor the findings of the report to ensure that scarce public funds are well spent and intellectual property is fully respected by the Department. 

CONSTRUCTION

Fiscal Year 2008 enacted ................................................................... $164,200,000 

Fiscal Year 2009 request ................................................................... 42,991,000 

Recommended in the bill ................................................................... 42,991,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ ¥121,209,000 

Fiscal Year 2009 request ............................................................ ............................

This appropriation provides funds for the construction of FBI facilities and related activities. For fiscal year 2009, the Committee 

recommends $42,991,000, which is equal to the budget request. 

Academy construction.—The Administration requested 

$9,800,000 for construction projects on the campus of the FBI 

Academy. The Committee’s recommendation includes the necessary 

funds for these requested projects. 

DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

Fiscal Year 2008 enacted 1 ................................................................. $1,855,569,000 

Fiscal Year 2009 request ................................................................... 1,936,584,000 

Recommended in the bill ................................................................... 1,939,084,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................. +83,515,000 

Fiscal Year 2009 request ............................................................. +2,500,000 1 Excludes $2,000,000 in emergency funding. 

DEA’s mission is to enforce the controlled substances laws and 

regulations of the United States; bring to the criminal and civil justice system those organizations and principal members of organizations involved in the growing, manufacturing or distribution of controlled substances appearing in or destined for illicit traffic in the 

United States; and support non-enforcement programs aimed at reducing the availability of illicit controlled substances on the domestic and international markets. For fiscal year 2009, the Committee 

recommends $1,939,084,000, which is $2,500,000 more than the 

budget request. 

Drug Flow Attack Strategy.—The Committee is encouraged by 

the progress DEA is showing with its Drug Flow Attack Strategy 

(DFAS) and recommends the following for this initiative: 

Foreign-deployed Advisory and Support Teams .............................. $7,000,000 

Strategic drug flow enforcement operations ..................................... 2,000,000 


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Tactical aircraft section ..................................................................... 1,397,000 

Southwest border ................................................................................ 2,528,000 

Open source analysis .......................................................................... 150,000 

Total ............................................................................................. 13,075,000 

The only portion of the DFAS request that is not recommended 

is funding for the purchase of a helicopter for FAST transportation; 

funding for this purpose was included in P.L. 110–252. 

Diversion Control program.—The Committee’s recommendation 

provides the requested level of $244,450,000 for the Diversion Control program, which is fully offset with fee collections. The recommended level includes an increase of $498,000 for the Diversion 

Control portion of the Drug Flow Attack Strategy. 

Mobile Enforcement Teams (MET).—The Committee understands 

that DEA’s MET program has been reduced significantly since fiscal year 2006. The number of MET teams has sharply decreased, 

and those teams that remain are hampered operationally by limits 

on temporary duty funding and other restrictions. The Committee 

recommends $30,600,000 for the MET program in fiscal year 2009. 

This increase of $10,000,000 will allow DEA to begin the rebuilding 

of the MET program, both through the establishment of additional 

teams and by increasing the funds available for existing teams. 

The Committee continues to believe that the MET program should 

be focused primarily on methamphetamine enforcement. 

BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

SALARIES AND EXPENSES

Fiscal Year 2008 enacted ................................................................... $984,097,000 

Fiscal Year 2009 request ................................................................... 1,027,814,000 

Recommended in the bill ................................................................... 1,054,215,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +70,118,000 

Fiscal Year 2009 request ............................................................ +26,401,000 

ATF is responsible for enforcing Federal criminal laws and regulating the firearms and explosives industries. The combined efforts 

of special agents and industry operations investigators allow ATF 

to identify, investigate and recommend for prosecution violators of 

the Federal firearms and explosives laws. Additionally, ATF ensures that licensees are operating within established laws and regulations. For fiscal year 2009, the Committee recommends 

$1,054,215,000, an increase of $26,401,000 over the budget request. 

Southwest border initiative.—The Committee believes that the 

Administration’s Southwest border initiative is insufficiently balanced among the different types of border crime. Despite testimony 

and written materials describing an ‘‘iron river of guns’’ flowing 

from the United States into Mexico, firearms trafficking enforcement constitutes less than 1% of the Administration’s requested 

initiative. This gap in the Administration’s strategy impedes efforts 

to reduce the cross-border movement of illegal guns and, consequently, reduce violence in communities on both sides of the border. The Committee recommendation provides $5,000,000 for the 

ATF to enhance Project Gunrunner and other efforts aimed at tracing and attacking firearms trafficking organizations operating in 

Mexico and the southwest border region, particularly in those cities 


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along the border determined by ATF to have the highest volume of 

illegal gun trafficking. 

Regulatory backlog.—The Committee remains concerned by the 

backlog of pending regulatory actions at ATF, particularly among 

explosives rules. ATF has testified that this backlog is due primarily to a staffing shortage among regulation writers. In order to 

address the staffing shortage and improve the timeliness of ATF’s 

regulation development process, the Committee has provided 

$200,000 to hire additional regulation writers. 

Restoring current services.—The Committee is disappointed that 

the Administration did not request sufficient funding to fully restore the $36,744,000 in services and activities that ATF has discontinued in fiscal year 2008. The Administration budgeted for the 

restoration of less than half of this amount; the Committee recommends the restoration of an additional $21,201,000 to allow ATF 

to rebuild to its full current services level. 

Ballistics imaging and identification.—The Committee continues 

to support high-tech ballistic imaging and identification technology, 

and recognizes the significant investments made by State and local 

law enforcement entities in building the current data base. The 

Committee encourages ATF to ensure that ballistic imaging technology is routinely refreshed, upgraded and deployed to State and 

local law enforcement. Further, the Committee expects ATF to ensure that upgrades and replacements for ballistic imaging technology take into account resources invested by State and local law 

enforcement. 

FEDERAL PRISON SYSTEM

SALARIES AND EXPENSES

Fiscal Year 2008 enacted ................................................................... $5,050,440,000 

Fiscal Year 2009 request ................................................................... 5,435,754,000 

Recommended in the bill ................................................................... 5,595,754,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +545,314,000 

Fiscal Year 2009 request ............................................................ +160,000,000 

The Bureau of Prisons (BOP) is responsible to protect society by 

confining offenders in the controlled environments of prisons and 

community-based facilities that are safe, humane, cost-efficient, 

and appropriately secure, and that provide work and other self-improvement opportunities to assist offenders in becoming law-abiding citizens upon release. The Committee recommends 

$5,595,754,000 for the salaries and expenses of the Federal Prison 

System, which is $545,314,000 over the fiscal year 2008 enacted 

level and $160,000,000 above the budget request. The funds are to 

be distributed as follows: 

Inmate Care and Programs ............................................................... $1,952,701,000 

Institution Security and Administration .......................................... 2,544,419,000 

Contract Confinement ........................................................................ 897,468,000 

Management and Administration ..................................................... 201,166,000 

The Federal prison population has grown explosively over the 

last 20 years. Rising from roughly 25,000 prisoners in 1980, the 

population is estimated to be 207,000 by the end of fiscal year 2008 

and more than 213,000 by the end of fiscal year 2009. CorrespondVerDate Aug 31 2005 07:11 Dec 11, 2008 Jkt 045732 PO 00000 Frm 00061 Fmt 6659 Sfmt 6602 E:\HR\OC\HR919.XXX HR919

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ingly, the overcrowding rate is projected to rise to 42 percent in 

2009, a five percent increase over 2008. 

Several years of inadequate budget requests by the Administration have led to a critical juncture for the Federal Prison System— 

in terms of safety and security for both inmates and staff. Budget 

pressures have forced BOP to rely excessively on overtime for current correctional officers instead of hiring additional staff, leaving 

the workforce spread dangerously thin. Inmates are increasingly 

housed in makeshift quarters in many prisons; and spikes in the 

numbers of serious assaults, murders, and large-scale riots by inmates are cause for great concern. Such trends cannot continue 

unabated. While the Department has taken some steps to reverse 

these trends in its fiscal year 2009 budget request, the Committee 

recommends an increase of $160,000,000 to hire new correctional 

officers and fill other critical shortfalls in BOP programs. The Committee also approves programmatic increases requested by the Administration for additional contract beds and a population adjustment for the marginal costs of new inmates in fiscal year 2009. 

Substance abuse treatment.—Forty percent of inmates entering 

Federal prisons have a drug use disorder and require residential 

drug abuse treatment. In fiscal year 2007, 4,000 eligible inmates 

went without such services. An estimated 8,000 eligible inmates remain on the waiting list in fiscal year 2008. Despite the Violent 

Crime Control and Law Enforcement Act of 1994, which requires 

such treatment to be provided, the fiscal year 2009 budget request 

does not address this shortfall. The Committee directs that within 

amounts appropriated, $79,200,000 shall be made available for residential and transitional drug abuse treatment to all eligible inmates. The Committee believes that an increase of $10,000,000 

over the budget request represents a sound investment that will 

benefit society when drug-free inmates complete their sentences 

and return to life outside of confinement. 

Inmate education, training and prisoner re-entry.—The Committee directs that within amounts appropriated, $138,000,000 

($20,000,000 more than the budget request) is made available to 

reduce the backlog of inmates waiting to participate in education, 

vocational training and prisoner re-entry programs, which are costeffective tools in reducing the societal impacts of criminal recidivism. 

Sex offender management.—The Committee provides $9,200,000 

for inmate sex offender management and treatment, authorized by 

the Adam Walsh Child Protection and Safety Act of 2006. 

Reimbursement for U.S. Immigration and Customs Enforcement 

(ICE) detainees.—The Committee directs BOP to work cooperatively with DHS to transfer expeditiously the estimated 700 ICE 

detainees who are currently housed in the Federal Prison System, 

or to obtain prompt and fair reimbursement from ICE for the costs 

of incarcerating them. DOJ is further directed to report to the 

House and Senate Committees on Appropriations not later than 60 

days after enactment of this Act on how BOP has complied with 

this direction. 

National Institute of Corrections (NIC).—The Committee rejects 

the Administration’s proposal to eliminate funding for the NIC, 

which provides valuable training and services, including research 

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ning to State and local adult corrections agencies, the BOP and 

other Federal agencies. 

To address deficiencies in corrections reporting identified by the 

U.S. Census Bureau, the Committee encourages the NIC to work 

with State corrections agencies to develop better procedures and 

systems for collecting and maintaining corrections records. 

Contracting out.—The recommendation includes a general provision to prohibit the use of funds to conduct, process or approve a 

public-private competition under OMB Circular A–76 for personnel 

who are employees of the Bureau of Prisons or of Federal Prison 

Industries, Incorporated. This provision does not prevent the Bureau of Prisons from meeting additional bed space needs using 

State, local, and private existing and new prison capacity. 

Staffing levels and staff-inmate ratios.—On a monthly basis, the 

BOP is directed to notify the House and Senate Committees on Appropriations of current correctional officer staffing levels, by facility, and of the staff-inmate ratios for all Federal prisons. 

Budget display.—In the interest of transparency, the Committee 

rejects the Administration’s proposal to consolidate BOP’s decision 

unit structure. Future budget requests should be displayed by the 

existing four decision units: Inmate Care and Programs; Institution 

Security and Administration; Contract Confinement and Management and Administration. 

Inmate Medical Care.—The Committee supports BOP efforts to 

improve inmate medical care and address its increasing costs. The 

BOP is currently experiencing a shortage of dentists, with 13 prisons lacking a full-time dentist and a system-wide vacancy rate of 

20 percent. The shortage is expected to worsen due to retirements 

and retention difficulties. The Committee directs BOP to report to 

the House and Senate Committees on Appropriations by December 

31, 2008, on its current and projected dentist staffing needs and its 

plans to address this situation. 

BUILDINGS AND FACILITIES

Fiscal Year 2008 enacted ................................................................... $372,720,000 

Fiscal Year 2009 request ................................................................... 95,807,000 

Recommended in the bill ................................................................... 135,807,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ ¥236,913,000 

Fiscal Year 2009 request ............................................................ +40,000,000 

The Committee recommends $135,807,000 for the construction, 

modernization, maintenance, and repair of prison and detention facilities housing Federal inmates, which is $236,913,000 below the 

fiscal year 2008 enacted level and $40,000,000 above the request. 

The Committee provides $40,000,000 above the request to address the significant backlog of major health and safety repairs in 

Federal prison facilities. Nearly one-third of BOP’s 114 institutions 

are more than 50 years old, and most have not undergone major 

renovations since they were constructed or acquired by BOP. The 

BOP is directed to provide quarterly reports to the House and Senate Committees on Appropriations on its backlog of maintenance 

and repairs, and its schedule for addressing them. 


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FEDERAL PRISON INDUSTRIES, INCORPORATED

(LIMITATION ON ADMINISTRATIVE EXPENSES)

Fiscal Year 2008 enacted ................................................................... $2,328,000 

Fiscal Year 2009 request ................................................................... 2,328,000 

Recommended in the bill ................................................................... 2,328,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ ............................

Fiscal Year 2009 request ............................................................ ............................

Created by Federal statute in 1934, Federal Prison Industries 

(FPI) operates as a wholly-owned, self-sustaining Government corporation. FPI employs and provides skills training to Federal inmates. 

The Committee recommends a limitation on administrative expenses of $2,328,000 for FPI, which is equal to the fiscal year 2008 

enacted level and the request. The Committee believes that those 

who are repaying their debts to society should be provided opportunities to prepare themselves to re-enter society as gainfully employed citizens. The Committee expects the Administration to continue to offer meaningful work opportunities to inmates while respecting the interests of small and medium-sized businesses. 

STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES

After a decade of decline, the FBI has confirmed that violent 

crime, including murders, rapes, robberies, and gun crimes, rose 

across the Nation in 2005 and 2006. Preliminary data collected for 

2007 reflects a more complex picture. However, there is no cause 

for complacency, particularly given indications that violent crime 

continues to rise outside metropolitan areas and in small towns 

and rural areas. 

Despite clear indications that crime rises during economic 

downturns, the Administration proposes to cut fiscal year 2009 

State and local law enforcement and crime prevention funding by 

$1,600,000,000, which is 60 percent below the current year level. 

The Committee takes very seriously its leadership responsibility in 

fighting crime across the Nation, and rejects this ill-conceived proposal. 

In total, this bill provides $3,129,100,000 for State and local law 

enforcement and crime prevention grant programs, which restores 

funding for these critical programs to roughly $100,000,000 above 

the fiscal year 2005 enacted level. 

OFFICE ON VIOLENCE AGAINST WOMEN

VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION

PROGRAMS

Fiscal Year 2008 enacted ................................................................... $400,000,000 

Fiscal Year 2009 request ................................................................... 280,000,000 

Recommended in the bill ................................................................... 435,000,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +35,000,000 

Fiscal Year 2009 request ............................................................ +155,000,000 

The Office on Violence Against Women (OVW) coordinates legislative and other initiatives relating to violence against women and 

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lence against women, including domestic and dating violence, sexual assault, and stalking. The Committee recommends $435,000,000 to support OVW grants and programs, which is $35,000,000 above the fiscal year 

2008 enacted level and $155,000,000 above the request. This increase is made available to strengthen prevention and criminal justice enforcement efforts, and to provide services, such as housing 

and healthcare, to victims, including youth, Native American 

women and communities of color. 

The Committee rejects the Administration’s proposal to eliminate 

existing OVW formula and discretionary grant programs, and replace them with a single competitive grant program. The recommendation retains the basic OVW account structure used in previous fiscal years. The following table details funding recommended 

for OVW programs: 

[In thousands of dollars] 

Program Recommended 

STOP Grants ..................................................................................................................................................... $200,000 

National Institute of Justice—R&D ........................................................................................................ (2,000) 

Transitional Housing Assistance ............................................................................................................. (20,000) 

Grants to Encourage Arrest Policies ................................................................................................................ 60,000 

Rural Domestic Violence Assistance Grants .................................................................................................... 41,000 

Violence on College Campuses ........................................................................................................................ 10,000 

Civil Legal Assistance ...................................................................................................................................... 41,000 

Sexual Assault Victims Services ...................................................................................................................... 15,000 

Elder Abuse Grant Program ............................................................................................................................. 5,000 

Safe Havens Project ......................................................................................................................................... 15,000 

Education & Training for Disabled Female Victims ........................................................................................ 7,000 

CASA (Special Advocates) ................................................................................................................................ 15,000 

Training for Judicial Personnel (child abuse) .................................................................................................. 3,000 

Stalking Database ............................................................................................................................................ 3,000 

Court Training and Improvement ..................................................................................................................... 3,000 

Services for Children/Youth Exposed to Violence ............................................................................................ 3,000 

Advocates for Youth/Services for Youth Victims (STARY) ............................................................................... 5,000 

National Tribal Sex Offender Registry .............................................................................................................. 1,000 

Research on Violence Against Indian Women ................................................................................................. 1,000 

Engaging Men and Youth in Prevention .......................................................................................................... 3,000 

Training Programs to Assist Probation and Parole Officers ........................................................................... 3,000 

National Resource Center on Workplace Responses ........................................................................................ 1,000 

Total ......................................................................................................................................................... 435,000 

Jessica Gonzales Victim Assistance Program.—The Committee 

recognizes the critical value of victim assistants who act as liaisons 

between local law enforcement agencies and victims of domestic 

and dating violence, sexual assault and stalking in order to improve the enforcement of protection orders. The placement of these 

special victim assistants is an eligible purpose for funding under 

the STOP Violence Against Women formula grant program, for 

which the Committee provides $200,000,000 in fiscal year 2009. 

Salaries and expenses.—The Committee has established a new 

salaries and expenses account to fund the management and administrative costs of OVW and other Justice Department grant programs. As a result, no administrative overhead costs shall be deducted from the programs funded from this account. 

OFFICE OF JUSTICE PROGRAMS

The Office of Justice Programs (OJP) was established to provide 

Federal leadership, coordination, and assistance to make the NaVerDate Aug 31 2005 07:11 Dec 11, 2008 Jkt 045732 PO 00000 Frm 00065 Fmt 6659 Sfmt 6602 E:\HR\OC\HR919.XXX HR919

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tion’s justice system more efficient and effective in preventing and 

controlling crime. OJP is responsible for administering grants; collecting statistical data and conducting analyses; identifying emerging criminal justice issues; developing and testing promising approaches to address these issues; evaluating program results, and 

disseminating these findings and other information to State and 

local governments. 

The Committee recommends $1,872,100,000 for the Office of Justice Programs, which is $1,079,353,000 above the request and 

$177,333,000 more than the current year enacted level. The Committee also rejects the Administration’s proposal to eliminate existing OJP formula and discretionary grant programs and replace 

them with three competitive grant programs. The recommendation 

retains the basic OJP account structure used in previous years. 

JUSTICE ASSISTANCE

Fiscal Year 2008 enacted ................................................................... $196,184,000 

Fiscal Year 2009 request ................................................................... 134,647,000 

Recommended in the bill ................................................................... 95,000,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ ¥101,184,000 

Fiscal Year 2009 request ............................................................ ¥39,647,000 

The Justice Assistance account provides support to State and 

local law enforcement in the form of research, evaluation and statistics. The Committee recommends $95,000,000, which is 

$101,184,000 below the fiscal year 2008 enacted level and 

$39,647,000 below the budget request. 

The funds are to be distributed as follows: 

National Institute of Justice ................................................................. $45,000,000 

Bureau of Justice Statistics .................................................................. 50,000,000 

Several programs previously funded under this account have 

been transferred to other OJP accounts, as well as the Community 

Oriented Policing Services account. 

OJP budgetary and programmatic transparency.—The Committee is frustrated with the quality and timeliness of budget and 

programmatic information produced by the Office of Justice Programs. The OJP is directed to provide detailed personnel, contract 

and other cost information by program for Management and Administration and the oversight activities of the Office of Audit, Assessment, and Management (OAAM) in its fiscal year 2010 budget 

justifications. 

Fairness and objectivity in the award of competitive grants.—The 

Committee is deeply concerned over allegations that the Department steered fiscal year 2007 juvenile justice grants to favored recipients instead of awarding them to deserving grantees who 

ranked more highly in a peer-reviewed process. The Committee expects the Department to expedite its internal review of the 2007 

grants process and awards, and to report within 30 days of enactment of this Act to the House and Senate Committees on Appropriations on its findings and the corrective actions taken to ensure 

that all OJP competitive grants are awarded in a fair, competitive 

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tions. This matter is also addressed in the Juvenile Justice account. 

Transparency in research decisions.—The Committee strongly 

supports research and other measures to establish and disseminate 

standards and best practices to improve the effectiveness of Federal 

crime-fighting grant programs. However, the Committee is concerned over the lack of transparency in the research funding decisions made by OJP, and directs the Department, within 60 days of 

enactment of this Act, to provide a detailed report and spend plan 

on all National Institute of Justice (NIJ) and Bureau of Justice 

Statistics (BJS) research activities for fiscal year 2009. The Committee also expects detailed justification information on the research priorities assumed in the fiscal year 2010 budget request. 

National Institute of Justice.—The Committee includes 

$45,000,000 in direct funding for the NIJ, which is the primary 

Federal source of research and development in the field of criminal 

justice. NIJ will receive additional funding under the Byrne Memorial Justice Assistance Grants program and the Violence Against 

Women Prevention and Prosecution programs, including research 

on violence against Indian women. The Committee is aware that 

the National Research Council has convened a committee to examine the NIJ research portfolio, and looks forward to the panel’s recommendations to improve effectiveness. 

National Crime Victimization Survey (NCVS).—Within funds 

provided for BJS, the Committee directs $26,000,000 for the NCVS, 

which since the 1970s has been a critical resource to improve understanding of the costs and context of crime victimization in the 

United States. The Committee urges BJS to implement the recommendations of the National Research Council’s recent report, 

Surveying Victims: Options for Conducting the National Crime Victimization Survey, to improve the usefulness of the NCVS. NIJ is 

also encouraged to implement the Council’s recommendation to develop, promote and coordinate sub-national victimization surveys. 

Pregnant and parenting offenders.—The Committee encourages 

NIJ to examine the potential of family-based treatment as an effective sentencing alternative for non-violent drug offenders, for drugs 

other than methamphetamine, who are pregnant or the parents of 

young children. 

National Motor Vehicle Title Information System.—The Committee recognizes that the National Motor Vehicle Title Information System (NMVTIS) helps State and local law enforcement to 

deter trafficking in stolen vehicles by strengthening the ability of 

States to share motor vehicle title information. The Department is 

commended for its support through competitive grants to implement the NMVTIS system, and is encouraged to finalize its pending regulations. The Committee directs the Department to report, 

within 60 days of enactment of this Act, to the House and Senate 

Committees on Appropriations on the status of this program and 

its recommendations to achieve full implementation. 

Salaries and expenses.—The Committee has established a new 

salaries and expenses account to fund the management and administrative costs of OJP and the other Justice Department grant programs. As a result, no administrative overhead costs shall be deducted from the programs funded from this account. 


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STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

Fiscal Year 2008 enacted 1 ................................................................. $908,136,000 

Fiscal Year 2009 request ................................................................... 404,000,000 

Recommended in the bill ................................................................... 1,277,000,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +368,864,000 

Fiscal Year 2009 request ............................................................ +873,000,000 1 Excludes $100,000,000 in emergency funding. 

The Committee recommends $1,277,000,000 for State and Local 

Law Enforcement Assistance programs, which is $368,864,000 over 

the fiscal year 2008 enacted level and $873,000,000 over the request. As discussed under the Office of Justice Programs heading, 

the Committee rejects the Administration’s proposal to eliminate 

existing OJP formula and discretionary grant programs and replace 

them with two competitive grant programs. The recommendation 

retains the basic OJP account structure used in previous years. 

Several programs previously funded under this account have been 

transferred to the OJP Juvenile Justice account and the Community Oriented Policing Services account. 

The following table details funding recommended for state and 

local law enforcement assistance programs: 

[In thousands of dollars] 

Program Recommended 

Byrne Memorial Justice Assistance Grants ...................................................................................................... $550,000 

National Institute of Justice .................................................................................................................... (5,000) 

State and Local Intelligence Training ..................................................................................................... (5,000) 

Byrne Discretionary Grants ............................................................................................................................... 122,000 

Byrne Competitive Grants ................................................................................................................................ 30,000 

State Criminal Alien Assistance Program ........................................................................................................ 420,000 

Southwest Border Prosecutor Program ............................................................................................................. 35,000 

Victims of Trafficking Grants ........................................................................................................................... 10,000 

State Prison Drug Treatment ........................................................................................................................... 10,000 

Drug Courts ...................................................................................................................................................... 40,000 

Prescription Drug Monitoring ........................................................................................................................... 7,000 

Prison Rape Prevention and Prosecution ......................................................................................................... 12,500 

Capital Litigation ............................................................................................................................................. 1,000 

Missing Alzheimer’s Patient Grants ................................................................................................................. 1,500 

Mentally Ill Offender Act .................................................................................................................................. 10,000 

Victim Notification ............................................................................................................................................ 10,000 

Economic, High-tech and Cybercrime Prevention ............................................................................................ 18,000 

Total ......................................................................................................................................................... 1,277,000 

Edward Byrne Memorial Justice Assistance Grant Program.—The 

Committee recommends $550,000,000 for formula grants under the 

Edward Byrne Memorial Justice Assistance Grant (JAG) program, 

which is authorized by the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( Public Law 109–162). 

The recommendation for JAG formula grants is $379,567,000 above 

the fiscal year 2008 enacted level. The Administration proposed to 

eliminate this program. 

Funding under this program is authorized for law enforcement 

programs; prosecution and court programs; prevention and education programs; corrections and community corrections programs; 

drug treatment and enforcement programs; planning, evaluation, 

and technology improvement programs; and crime victim and witness programs, other than compensation. Funding is not available 

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struction projects. The formula used for distributing funds under 

this program allocates 50 percent of funding based on population, 

and 50 percent based on violent crime rates. The formula allocates 

60 percent of funding to States and 40 percent to units of local government. 

Of the amount provided, $5,000,000 is for intelligence training for State and local law enforcement entities; and $5,000,000 is for 

the National Institute of Justice to help local units of government 

to identify, select, develop, modernize and purchase new technologies for use by law enforcement. 

Byrne competitive grants.—$30,000,000 is made available for 

Byrne competitive, peer-reviewed grants to programs of national 

significance to prevent crime, improve the administration of justice 

or assist victims of crime. Within 60 days of enactment of this Act, 

the OJP is directed to provide a report and spend plan to the 

House and Senate Committees on Appropriations, which details the 

criteria and methodology that will be used to award these grants. 

It is expected that national programs that have previously received 

funding under the Byrne discretionary program will be eligible to 

compete for funding under this competitive grant program, including programs for which specific amounts are designated in this Act. 

Byrne discretionary grants.—The Committee recommends 

$122,000,000 for Byrne discretionary grants to prevent crime, to 

improve the criminal justice system, to provide victims’ services 

and for other similar activities. The accompanying table details 

funding for Congressionally-designated activities, which are incorporated by reference in the bill: 


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State Criminal Alien Assistance Program (SCAAP).—The Committee recommends $420,000,000 for reimbursement to States and 

localities for their costs for incarcerating criminal aliens. This program was once again proposed for elimination by the Administration. 

Southwest border prosecutions.—The Committee recommends 

$35,000,000 to provide assistance to State and local law enforcement agencies (including prosecutors, probation officers, courts, 

and detention facilities) along the southwest border with the handling and processing of drug and alien cases referred from Federal 

arrests. The recommendation is $4,920,000 above the fiscal year 

2008 level. The Administration made no request for this program. 

Drug courts.—The Committee strongly supports drug courts, 

which serve a vital role in our Nation’s justice system. The recommendation includes $40,000,000 for this program, which is 

$24,800,000 above the fiscal year 2008 enacted level. The Administration proposed to eliminate this program. 

Mentally Ill Offender Act.—The Committee includes $10,000,000 

for grants to mental health courts and adult and juvenile collaboration program grants, as authorized by the Mentally Ill Offender Act 

of 2004. This amount is $3,500,000 above the fiscal year 2008 enacted level. The Administration proposed to eliminate this program, 

Hal Rogers Prescription Drug Monitoring Program.—The Committee includes $7,000,000 for the Prescription Drug Monitoring 

Program to assist States in building or enhancing prescription drug 

monitoring systems, facilitating the exchange of information among 

States, and providing technical assistance and training on establishing and operating effective prescription drug monitoring programs. The Administration proposed to eliminate this program. 

The Committee expects OJP to work with the DEA to implement 

this program. 

Prison rape prevention and prosecution.—The Committee provides $12,500,000 for prison rape prevention and prosecution activities. The Committee understands that the National Prison Rape 

Elimination Commission will soon finalize recommended standards 

for the prevention of and response to sexual abuse in all confinement settings as part of its final report. The Attorney General is 

then required to promulgate such standards nationally. The recommendation includes $12,500,000 for purposes authorized under 

Public Law 108–79, such as the work of the Commission; mandated 

statistics, data and research; prevention and prosecution assistance; and grants to protect inmates and safeguard communities. 

The Department shall report to the House and Senate Committees 

on Appropriations not later than 60 days after the enactment of 

this Act on the proposed distribution of funding among authorized 

activities under this program. 

Victim notification.—The Committee includes $10,000,000 to support the Statewide Automated Victim Information Notification 

(SAVIN) program, as authorized by the Justice for All Act, (Public 

Law 108–405). The SAVIN program helps protect the legal rights 

of crime victims by providing registered victims with timely and accurate information about any changes to the status of their offender, such as trial dates, times, or changes; probation hearings; 


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inmate relocation; and offender release. This program was previously funded under the Justice Assistance account. 

Economic, high-tech and cybercrime prevention.—The Committee 

provides $18,000,000 for competitive grants to support and train 

State and local law enforcement agencies in the prevention, investigation and prosecution of economic, high-tech and Internet 

crimes, which shall be administered by the Bureau of Justice Assistance. Within funds provided, up to $3,000,000 is available for 

new competitive grants to State and local law enforcement entities 

to combat these crimes, including the intellectual property crimes 

of counterfeiting and piracy. None of the funds provided for this 

program shall be diverted for research. This program was previously funded under the Justice Assistance account. 

Missing Alzheimer’s Disease Patient Program.—The Committee 

directs that the $1,500,000 provided for Missing Alzheimer’s Disease Patient Program grants shall be awarded competitively and 

shall be administered by the Bureau of Justice Assistance. 

Salaries and expenses.—The Committee has established a new 

salaries and expenses account to fund the management and administrative costs of OJP and the other Justice Department grant programs. As a result, no administrative overhead costs shall be deducted from the programs funded from this account. 

JUVENILE JUSTICE PROGRAMS

Fiscal Year 2008 enacted ................................................................... $383,513,000 

Fiscal Year 2009 request ................................................................... 185,000,000 

Recommended in the bill ................................................................... 431,000,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +47,487,000 

Fiscal Year 2009 request ............................................................ +246,000,000 

The Office of Juvenile Justice and Delinquency Prevention 

(OJJDP) was established to provide Federal leadership, coordination, and resources to prevent and respond to juvenile delinquency 

and victimization. OJJDP is responsible for supporting States and 

communities in their efforts to develop and implement effective and 

coordinated prevention and intervention programs and to improve 

the juvenile justice system so that it protects public safety, holds 

offenders accountable, and provides treatment and rehabilitative 

services tailored to the needs of juveniles and their families. The Committee recommends $431,000,000 for Juvenile Justice 

Programs, which is $47,487,000 above the fiscal year 2008 enacted 

level and $246,000,000 above the request. The Committee rejects 

the Administration’s proposal to eliminate existing OJJDP formula 

and discretionary grant programs, and replace them with a single 

competitive grant program. The recommendation retains the basic 

OJJDP account structure used in previous fiscal years. The accompanying table details funding recommended for these programs. 

Fairness and objectivity in the award of competitive grants.—The 

Committee is deeply concerned about allegations that the Department steered fiscal year 2007 juvenile justice grants to favored recipients instead of awarding them to deserving grantees who 

ranked more highly in a peer-reviewed process. As noted previously, within 30 days of enactment of this Act, the Department 

is directed to provide a full accounting of the process used in 2007, 

as well as a report on corrective measures taken to ensure fairness 

and objectivity in the award of all future discretionary grants. The 


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Committee also directs the Inspector General to review the 2007 

grant award process and report to the House and Senate Committees on Appropriations expeditiously. 

The following table details funding recommended for juvenile justice programs: 

[in thousands of dollars] 

Program Recommended 

Part B—State Formula .................................................................................................................................... $75,000 

Part E—Challenge Grants—Demonstration Projects ...................................................................................... 75,000 

Youth Mentoring Grants ................................................................................................................................... 100,000 

Title V—Incentive Grants ................................................................................................................................ 40,000 

Tribal Youth ............................................................................................................................................. (25,000) 

Gang Prevention ...................................................................................................................................... (15,000) 

Victims of Child Abuse Programs .................................................................................................................... 23,000 

Juvenile Accountability Block Grants ............................................................................................................... 55,000 

Missing Children Program ................................................................................................................................ 63,000 

Total ......................................................................................................................................................... 431,000 

Part B—State formula grants.—The Committee provides 

$75,000,000 for grants to implement comprehensive State juvenile 

justice plans, including community-based prevention and intervention programs and activities for juvenile offenders. 

Part E—discretionary grants.—The Committee includes 

$75,000,000 for Part E discretionary grants for activities related to 

juvenile justice and at-risk youth. The accompanying table details 

funding for Congressionally-designated activities, which are incorporated by reference in the bill. 


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Youth mentoring grants.—To support the critical work of national, regional and local organizations in nurturing and mentoring 

at risk children and youth, the Committee recommends 

$100,000,000 for competitive, peer-reviewed youth mentoring 

grants. Within 60 days of enactment of this Act, OJP is directed 

to provide a report and spend plan to the House and Senate Committees on Appropriations, which details the criteria and methodology that will be used to award these grants. It is expected that 

national programs that have received funding under the Byrne discretionary program or the Juvenile Justice Part E program will be 

eligible for funding under this competitive grant program, including programs for which specific amounts are designated in this Act. 

Missing children program.—The Committee includes $63,000,000 

to expand efforts to combat crimes against children, particularly 

kidnapping and sexual exploitation. This funding level is 

$13,000,000 over the fiscal year 2008 enacted level. The Administration did not request funding for this program. This program was 

previously funded under the Justice Assistance account. Protecting 

children from predators requires the carefully coordinated efforts of 

Federal, State and local law enforcement agencies, as well as nongovernmental organizations. OJP is strongly urged to work cooperatively with these entities in the implementation of new and enhanced initiatives, with particular focus on the areas of locating 

missing children and addressing the rising threat of child exploitation facilitated by the Internet. Within 60 days of enactment of 

this Act, the Department is directed to report to the House and 

Senate Committees on Appropriations on current activities and 

plans for developing and maintaining an effective national information-sharing system to combat child exploitation. 

Title V—Incentive grants.—The Committee provides $40,000,000 

for community-based delinquency prevention grants. Within funds 

provided, $25,000,000 is for tribal youth delinquency prevention 

programs, and $15,000,000 is for gang prevention, education and 

training. 

Victims of Child Abuse Act.—The Committee recommends 

$23,000,000 for programs authorized under the Victims of Child 

Abuse Act (Public Law 101–647), including grants to provide technical assistance and training to improve the quality of criminal 

prosecution of cases of child abuse and neglect in State juvenile 

and family courts. This funding level represents an increase of 

$6,080,000 over fiscal year 2008. 

Juvenile accountability block grants.—The Committee provides 

$55,000,000 for grants to support State and local government efforts to combat serious and violent juvenile crime. This funding 

level is $3,300,000 above the amount provided in fiscal year 2008. 

Mental health services for youth.—The Committee recognizes the 

value of improving the quality of mental health services for youth 

in the juvenile justice system, and encourages the Department to 

work with experts in this field to coordinate regional forums for 

this purpose. 

Salaries and expenses.—The Committee has established a new 

salaries and expenses account to fund the management and administrative costs of OJP and the other Justice Department grant programs. As a result, no administrative overhead costs shall be deducted from the programs funded from this account. 


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PUBLIC SAFETY OFFICERS BENEFITS

Fiscal Year 2008 enacted ................................................................... $74,834,000 

Fiscal Year 2009 request ................................................................... 69,100,000 

Recommended in the bill ................................................................... 69,100,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ ¥5,734,000 

Fiscal Year 2009 request ............................................................ ............................

The Public Safety Officers Benefits (PSOB) program provides 

benefits to public safety officers who are severely injured in the 

line of duty and to the families and survivors of public safety officers whose death was the direct and proximate result of an injury 

sustained in the line of duty. 

The Committee includes $69,100,000 for PSOB, which is 

$5,734,000 over the fiscal year 2008 enacted level and equal to the 

request. Within funds provided, $60,000,000 is made available for 

death benefits to survivors. This amount is estimated by the Congressional Budget Office, and is considered mandatory for 

scorekeeping purposes. The Committee also recommends 

$9,100,000 for disability and education benefits to injured officers. 

COMMUNITY ORIENTED POLICING SERVICES

Fiscal Year 2008 enacted ................................................................... $587,233,000 

Fiscal Year 2009 request ................................................................... ............................

Recommended in the bill ................................................................... 627,000,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +39,767,000 

Fiscal Year 2009 request ............................................................ +627,000,000 

The Community Oriented Policing Services (COPS) Office was established to assist State and local law enforcement agencies 

through grants, training and technical assistance to prevent and 

combat crime in communities across the Nation. The Committee 

recommends $627,000,000 for COPS programs, which is 

$39,767,000 over the fiscal year 2008 enacted level. The Committee 

rejects the Administration’s proposal to eliminate existing COPS 

programs and to merge the COPS Office into the Office of Justice 

Programs. The following table details funding recommended for 

COPS programs: 

[In thousands of dollars] 

Program Recommended 

COPS Hiring Program ....................................................................................................................................... $40,000 

COPS Technology and Interoperability ............................................................................................................. 145,000 

Violent Gang and Gun Crime Reduction .......................................................................................................... 15,000 

Meth Hot Spots ................................................................................................................................................. 35,000 

Bullet-Proof Vests ............................................................................................................................................. 25,000 

Tribal Law Enforcement ................................................................................................................................... 20,000 

Indian Assistance ............................................................................................................................................. 25,000 

Tribal Prison Construction ....................................................................................................................... (12,000) 

Indian Tribal Courts ................................................................................................................................ (8,000) 

Indian Alcohol and Substance Abuse grants ......................................................................................... (5,000) 

National Instant Criminal Background Check System grants ......................................................................... 15,000 

Criminal Records Upgrade ............................................................................................................................... 10,000 

DNA Backlog Reduction .................................................................................................................................... 153,000 

Debbie Smith DNA Backlog grants ......................................................................................................... (150,000) 

Post-Conviction DNA Testing grants ....................................................................................................... (3,000) 

Second Chance Act/Offender Re-Entry ............................................................................................................. 45,000 

Sex Offender Management ............................................................................................................................... 10,000 

National Sex Offender Registry ............................................................................................................... (1,000) 

Secure Our Schools Act .................................................................................................................................... 20,000 


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[In thousands of dollars] 

Program Recommended 

Regional Information Sharing .......................................................................................................................... 45,000 

Wrongful Prosecution Review grants ............................................................................................................... 5,000 

Weed and Seed Program .................................................................................................................................. 15,000 

Training and Technical Assistance .................................................................................................................. 4,000 

Total ......................................................................................................................................................... 627,000 

COPS on the beat.—The Committee recommends $40,000,000 to 

expand the COPS universal hiring program. These grants are 

available to State and local governments for the hiring and rehiring of additional career law enforcement officers for deployment in 

community-oriented policing across the nation. 

Law enforcement technologies and interoperable communications.—The Committee includes $145,000,000 for grants to State 

and local law enforcement to develop and acquire effective technologies and interoperable communications that assist in the prevention and response to crime. The COPS Office is directed to ensure that all equipment funded under this program meets the requirements of the National Institute of Standards and Technology 

Office of Law Enforcement Standards. The accompanying table details funding for Congressionally-designated activities, which are 

incorporated by reference in the bill: 


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Methamphetamine enforcement and clean-up.—The production, 

trafficking, and abuse of methamphetamine—an extremely destructive and addictive drug—continues to be a serious national problem. The Committee recommends $35,000,000 for grants to address 

public safety and methamphetamine manufacturing, sale, and use 

in ‘‘hot spots,’’ including reimbursement of DEA for expenses related to the cleanup of methamphetamine labs. This amount is 

$26,187,000 below the fiscal year 2008 enacted level. The Administration did not request funding for this program. Within funds provided, the Committee includes $5,000,000 to reimburse the DEA for 

assistance to State and local law enforcement for proper removal 

and disposal of hazardous materials at clandestine methamphetamine labs, including funds for training, technical assistance, a 

container program, and purchase of equipment. The DEA acknowledges that prior year funding provided for this purpose is sufficient 

to fund these activities through the third quarter of fiscal year 

2009. The accompanying table details funding for Congressionallydesignated activities related to methamphetamine enforcement, 

which are incorporated by reference in the bill: 


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DNA backlog reduction.—The Committee recommends 

$153,000,000 for grants to strengthen State and local government 

DNA collection and analysis systems, which can be vital to successfully prosecuting the guilty and protecting the innocent from 

wrongful prosecution. This funding level is $728,000 above the fiscal year 2008 enacted level. The Administration did not make a 

DNA initiative request. Within funds provided $150,000,000 is for 

Debbie Smith DNA backlog reduction grants, and $3,000,000 is for 

post-conviction DNA testing grants. 

Wrongful prosecution review grants.—The Committee commends 

the efforts of public and non-profit entities that work to exonerate 

people who have been wrongfully convicted of crimes. Within funds 

provided, $5,000,000 is made available for a new program of competitive grants for such purposes. 

Second Chance Act offender re-entry programs.—The Committee 

recommends $45,000,000 to reduce criminal recidivism by providing grants to establish and expand offender re-entry programs, 

which is $33,250,000 above the fiscal year 2008 enacted level. 

Within the funds provided, $35,000,000 is made available for 

grants to State and local governments for adult and juvenile offender demonstration projects to coordinate re-entry efforts and establish best practices. Allowable uses of these funds include employment services, housing, substance abuse treatment, family programming, mentoring, and victim services. In addition, $10,000,000 

is provided for grants to nonprofit organizations for mentoring and 

transitional services to help offenders reintegrate into society. The 

Committee expects that the Department will continue to work in 

collaboration with the Departments of Labor, Health and Human 

Services, Housing and Urban Development, and Education in the 

implementation of offender re-entry programs. 

NICS Improvement Amendments Act of 2007.—The Committee 

includes $15,000,000 for grants to assist States and tribal governments in updating the National Instant Criminal Background 

Check System with the criminal history and mental health records 

of individuals who are precluded from purchasing or possessing 

guns. 

Criminal history record upgrades.—In addition to the funds provided for NICS grants, the Committee includes $10,000,000 for 

grants to ensure that accurate criminal history records are available for use in law enforcement. This program helps States build 

their infrastructure to connect to national record check systems 

both to supply information and to conduct the requisite checks. 

Violent gangs and gun crimes.—The Committee recommends 

$15,000,000 for competitive grants to State and local law enforcement to combat violent crime, with special emphasis on areas 

plagued by violent gangs. 

Bulletproof vests.—The Committee provides $25,000,000 to assist 

State and local law enforcement in purchasing bullet and stab resistant vests, which is $850,000 over the fiscal year 2008 enacted 

level. The Administration did not request funding for this critical 

safety equipment for the Nation’s law enforcement officers. 

Tribal law enforcement, courts, detention facilities and substance 

abuse grants.—The Committee includes $45,000,000 for tribal 

criminal justice efforts, which is $7,520,000 over the fiscal year 

2008 enacted level. Within this amount, $20,000,000 is for hiring, 


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equipment and training for tribal law enforcement officers; 

$12,000,000 is for tribal prison construction; $8,000,000 is for tribal 

courts; and $5,000,000 is for tribal grants to address alcohol and 

substance abuse. In another appropriations bill, the Committee 

also provides significant new investments for tribal law enforcement, prison infrastructure and victims’ health services through 

the Bureau of Indian Affairs and the Indian Health Service. 

Secure Our Schools Act.—The recommendation includes 

$20,000,000 for grants for equipment such as metal detectors, 

locks, lighting and other deterrent measures; security assessments; 

security training of personnel and students; and coordination with 

local law enforcement, as authorized by the Secure Our Schools Act 

(Public Law 106–386). 

Regional information sharing.—The Committee recommends 

$45,000,000 for regional information sharing to ensure the efficient 

and effective automated exchange of crime and terrorism information among Federal, State, and local agencies. The recommendation 

is $5,000,000 above the enacted level and $10,800,000 above the request. The Committee places a priority on the careful integration 

of the regional information sharing network with the Law Enforcement On-Line (LEO) program. The Committee directs the Department to ensure that other interstate information sharing systems 

funded by OJP and COPS utilize existing communications infrastructure and are compatible with LEO and this program. 

Salaries and expenses.—The Committee has established a new 

salaries and expenses account to fund the management and administrative costs of COPS and the other justice grant programs. As 

a result, no administrative overhead costs shall be deducted from 

the programs funded from this account. 

SALARIES AND EXPENSES

Fiscal Year 2008 enacted ................................................................... ............................

Fiscal Year 2009 request ................................................................... ............................

Recommended in the bill ................................................................... $195,000,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +195,000,000 

Fiscal Year 2009 request ............................................................ +195,000,000 

To achieve greater transparency, efficiency and accountability in 

the management, administration and oversight of the Justice Department grant programs, the Committee recommends the establishment of a new salaries and expenses account within State and 

Local Law Enforcement Activities. A total of $195,000,000 is provided for this purpose, of which not to exceed $14,000,000 is for the 

Office on Violence Against Women (OVW); not to exceed 

$130,000,000 is for the Office of Justice Programs (OJP); and not 

to exceed $30,000,000 is for the Community Policing Services Office 

(COPS). In addition, not to exceed $21,000,000 is made available 

for the Office of Audit, Assessment, and Management (OAAM) for 

grants management oversight. Within funds provided, OAAM is expected to develop its capacity to evaluate, in coordination with the 

National Institute of Justice, the effectiveness of programs and 

projects funded by OJP, OVW and the COPS Office, using rigorous 

research and evaluation methods which generate valid evidence on 

which crime and violence prevention strategies are most effective. 


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GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

The Committee has included the following general provisions for 

the Department of Justice in this bill: 

Section 201 makes available additional reception and representation funding for the Attorney General from the amounts provided 

in this title. 

Section 202 prohibits the use of funds to pay for an abortion, except in the case of rape or to preserve the life of the mother. 

Section 203 prohibits the use of funds to require any person to 

perform or facilitate the performance of an abortion. 

Section 204 establishes the obligation of the Director of the Bureau of Prisons to provide escort services to inmates receiving an 

abortion outside of a Federal facility, except where this obligation 

conflicts with the preceding section. 

Section 205 establishes the Committee’s requirements and procedures for transfer proposals. 

Section 206 authorizes the Attorney General to extend an ongoing Personnel Management Demonstration Project. 

Section 207 extends specified authorities to the Bureau of Alcohol, Tobacco, Firearms and Explosives for undercover operations. 

Section 208 prohibits the use of funds for transporting prisoners 

classified as maximum or high security, other than to a facility certified by the Bureau of Prisons as appropriately secure. 

Section 209 prohibits the use of funds for the purchase or rental 

by Federal prisons of audiovisual equipment, services and materials used primarily for recreational purposes, except for those 

items and services needed for inmate training, religious or educational purposes. 

Section 210 requires review by the Deputy Attorney General and 

the Department Investment Review Board prior to the obligation or 

expenditure of funds for major information technology projects. 

Section 211 requires the Department to follow reprogramming 

procedures prior to any deviation from the program amounts specified in this title or the reuse of deobligated funds provided in previous years. 

Section 212 prohibits the use of funds for A–76 competitions for 

work performed by employees of the Bureau of Prisons or Federal 

Prison Industries, Inc. 

Section 213 prohibits the use of funds to pay the salary, benefits 

or expenses of a U.S. Attorney performing dual duties that exempt 

that U.S. Attorney from established residency requirements. 

Section 214 prohibits the use of funds for future phases of the 

Sentinel program until the Attorney General certifies that work on 

existing phases has been substantially completed under a validated 

performance baseline. 

Section 215 requires the Department of Justice in making grants 

under any discretionary grant program to conduct a peer review 

process and to strictly adhere to the rankings made. 


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TITLE III—SCIENCE 

EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF SCIENCE AND TECHNOLOGY POLICY

Fiscal Year 2008 enacted ................................................................... $5,184,000 

Fiscal Year 2009 request ................................................................... 5,303,000 

Recommended in the bill ................................................................... 5,303,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +119,000 

Fiscal Year 2009 request ............................................................ ............................

The Office of Science and Technology Policy (OSTP) was created 

under the National Science and Technology Policy, Organization, 

and Priorities Act of 1976. OSTP advises the President on science 

and technology policies and coordinates research and development 

programs for the Federal government. The Committee recommendation includes $5,303,000 for fiscal year 2009, the same 

level as the request and $119,000 more than the fiscal year 2008 

enacted level. 

Plutonium production.—The Committee notes that neither 

NASA’s nor the Department of Energy’s (DOE) fiscal year 2009 

budget request addresses the critical need for radioisotope material 

to carry out many of NASA’s future science and exploration missions, leaving the United States reliant on DOE purchases of dwindling Russian stockpiles of this material. The failure to address 

this critical need places several future NASA missions, costing several billions of dollars, at great risk, and leaves the United States 

reliant on Russia to produce such radioisotope material. It should 

not be the policy of the United States to encourage Russia to continue to produce such radioisotope material, which, without proper 

oversight and control, may be used for purposes than otherwise intended. The Committee understands that it is within the charter 

of the DOE to maintain the U.S. capability and infrastructure to 

develop and furnish nuclear power systems for all U.S. Government 

space systems, while it is the responsibility of the customer agencies, such as NASA, to pay for the marginal costs for the production of such radioisotope material for the agency-specific space missions. The Committee believes that the U.S. Government must urgently address this critical need. Thus, the Committee directs the 

Director of OSTP, working with NASA and DOE, to develop a plan 

for restarting and sustaining U.S. domestic production of radioisotope thermoelectric generator material for NASA’s future science 

and exploration missions. This plan shall be transmitted by OSTP 

to the House and Senate Appropriations Subcommittees on Commerce, Justice and Science, and Energy and Water, along with a 

requisite funding request for DOE restart of production, and for 

NASA for marginal costs of production, with the President’s budget 

request for fiscal year 2010. 

Commercial purchase of weather, environmental and space 

weather data.—The Committee is concerned that next-generation 

satellite programs—specifically, the geostationary operational environmental satellite R-series (GOES–R) and the national polar-orbiting environmental satellite system (NPOESS)—are projected to 

claim an increasingly disproportionate share on NOAA’s total discretionary budget. Options for reducing satellite costs are limited 


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and NOAA is under intense pressure from the weather and climate 

communities to start new initiatives that will increase space-related costs even more. Therefore, the Committee directs OSTP, 

working with NASA and NOAA, to develop a plan and program to 

encourage commercial solutions to meet space-based Earth and 

space weather observation requirements of the United States Government, similar to the Federal investments in NASA’s commercial 

orbital transportation services program. Such report shall consider 

the efficacy of providing appropriated funds to commercial entities 

to pursue low-cost atmospheric, environmental or space weather 

monitoring systems, and whether such funding should be offered to 

commercial entities in exchange for later concessionary rates on 

weather, climate or space weather data purchasers from successful 

vendors. The report shall be delivered to the House and Senate 

Committees on Appropriations not later than February 1, 2009. 

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

The National Aeronautics and Space Administration (NASA) was 

established by the National Aeronautics and Space Act of 1958, as 

amended, to conduct space and aeronautical research, development, 

and flight activities for peaceful purposes to benefit all mankind. 

The Act calls on NASA to expand human knowledge; develop and 

operate advanced aeronautical and space-faring vehicles; encourage 

commercial use of space; exchange with other U.S. agencies findings useful to each other to maximize research results; cooperate 

with other nations in research and applications; and preserve U.S. 

preeminence in aeronautics and space. NASA’s unique mission is 

to pioneer the future in space exploration, scientific discovery and 

aeronautics research. 

Investments in NASA.—Properly structured, NASA’s programs 

can contribute to an improved quality of life, economic vitality, U.S. 

leadership in peaceful cooperation with other nations on challenging undertakings in science and technology, national security 

and the advancement of knowledge. Investments in NASA’s programs promote research and development and support the competitiveness of the United States. For 50 years, the investments in 

NASA have facilitated the transfer of NASA technology to the private sector, benefiting global competition and the economy. The resulting commercialization has contributed to the development of 

commercial products and services in the fields of health and medicine, industry, consumer goods, transportation, public safety, computer technology, and environmental resources. In addition, 

NASA’s view from space brings science to bear on national priorities like improved predictions of climate, weather and natural hazards, which have corresponding implications for commerce and the 

human condition. 

AGENCY SUMMARY

The Committee recommendation includes $17,768,967,000 for 

NASA, $154,767,000 above the request and $459,567,000 above the 

fiscal year 2008 enacted level. Funding included in this Act provides for continued efforts to fly the Shuttle as safely as possible 

until its retirement in 2010; to complete the international space 

station; continue the lunar return program having the maximum 


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possible utility for later missions to Mars and other destinations; 

to advance knowledge in the fundamental disciplines of aeronautics 

and develop technologies for safer aircraft and higher capacity air 

systems; to further understanding of the Earth, its climate, its connections among the other planets and stars, and the origin and 

evolution of planetary systems and the origin and distribution of 

life in the universe; and to inspire and educate students at all levels to pursue careers in the fields of science, technology, engineering and mathematics. 

Pursuant to direction contained in the Fiscal Year 2008 Consolidated Appropriations Act, NASA’s appropriations are now requested in seven appropriations accounts rather than in three accounts as in previous years. Thus, the fiscal year 2009 budgets for 

NASA’s programs and projects are requested only in terms of direct 

cost, and not the additional indirect costs associated with operating 

NASA’s centers, safety and mission success, and Agency management and operations. The direct budgets continue to reflect labor 

and travel costs associated with each program and project. The indirect costs are now budgeted solely within the Cross-Agency Support account, and not in NASA’s programs and projects. The Committee will continue to work with NASA to ensure that these 

changes—the result of Congressional direction—and other directives included herein provide greater transparency to NASA’s 

stakeholders and improve program costs, review and oversight. 

Reporting of cost, schedule and content for NASA research and 

development projects.—In fiscal year 2008, nearly 70 percent of 

NASA’s major projects in development (or 8 of 12 projects in the 

implementation phase) are in breach of the project’s development 

cost and/or schedule thresholds. To better understand the underlying issues common to NASA’s performance on major projects and 

to develop a process for identifying corrective action, the Fiscal 

Year 2008 Consolidated Appropriations Act mandated the Government Accountability Office to report on the status of large-scale 

NASA programs, projects and activities. The Committee expects 

this report to be delivered to the Congress semiannually, the first 

of which shall be delivered in advance of the annual budget submission of the President for fiscal year 2010. To that end, the Committee directs NASA to cooperate fully and to provide timely program analysis, evaluation data and relevant information to the 

GAO so that it can conduct this review and meet the annual Congressional mandate. Such information includes, but is not limited 

to, copies of preliminary cost estimates, access to relevant online 

agency applications, databases, and web portals, and access to information from contractor and agency personnel. 

Breach reporting.—Pursuant to section 108 of Public Law 109– 

155, the NASA Authorization Act of 2005, NASA is required to deliver several reports to the appropriate authorizing committees 

when project costs grow in excess of certain thresholds. The Committee asks that NASA submit concurrently to the House and Senate Committees on Appropriations the reports required by section 

108 of Public Law 109–155. 

Space Shuttle transition and retirement costs.—The Committee 

notes that yet again the budget does not include the full and detailed costs associated with transitioning Space Shuttle assets and 

facilities to the next generation of human space flight systems. 


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While NASA asserts that it has a strategic approach in place to 

carry out the complex transition safely and effectively, NASA has 

been unable or unwilling to produce detailed fiscal estimates of the 

total and annual costs associated with Shuttle transition and retirement by fiscal year, mission directorate, activity and object 

class. According to NASA officials, the Agency’s estimates of the 

full content and cost for Space Shuttle transition and retirement, 

including transition of assets and facilities, will be reflected for the 

first time in NASA’s fiscal year 2010 budget submission to Congress. These assurances have been made for each of the last several years. The Committee understands that the bulk of transition 

and retirement funding will be included in the Space Shuttle program portion of NASA’s budget request. However, based on GAO 

briefings, the Committee expects that the broad scope of transition 

and retirement activities will involve many actors across NASA, 

both intrinsic to and external of the Space Shuttle program. To ensure the Committee has a complete accounting of the full costs associated with Space Shuttle transition and retirement, the Committee directs NASA to include in its estimate: 

(1) not only those funds necessary within the Space Shuttle 

program, but all funds needed outside the Space Shuttle program that are necessary to support Space Shuttle transition 

and retirement activities; 

(2) funds necessary under Cross-Agency Support needed to 

support transition and retirement, including environmental 

compliance and remediation, of the Space Shuttle program; 

(3) the gross and net proceeds from exchange sales of excess 

Space Shuttle equipment; 

(4) the costs to maintain required facilities at Kennedy Space 

Center during the gap in human spaceflight; 

(5) the costs associated with preservation of historic properties; and 

(6) the costs of workforce transition. 

Accordingly, the Committee recommendation includes a provision 

that requires NASA to provide by November 1, 2008, to the Committees on Appropriations of the Senate and the House of Representatives a report detailing the total and annual costs by fiscal 

year of Space Shuttle transition and retirement costs. Such data 

shall be presented for fiscal years 2006 through 2015 by mission 

directorate, program, activity and object class. 

Reprogramming procedures.—As noted earlier in this report, the 

Committee continues to have a particular interest in being fully informed of reprogrammings which, although they may not change 

either the total amount available in an account or the general purposes for which the funds are available, represent a departure from 

the explicit budget plans presented within the annual congressional justifications and approved or modified by the House and 

Senate Committee on Appropriations through the annual appropriations process. The Committee is concerned that movements of 

funds above the de minimis levels specified in section 505 of this 

Act may be occurring without Congressional notification. That section requires notification to the House and Senate Committees on 

Appropriations of deviations from the budgeted and appropriated 

levels specified for all programs, projects and activities. To clarify 

the level at which reprogramming actions are to be measured, the 


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Committee has chosen to include by mission directorate a summary 

table delineating each program, project and activity against which 

the reprogramming thresholds are to be measured. This display in 

no way curtails NASA’s current flexibility in managing its diverse 

portfolio of research and development and operational programs. 

Rather, it will require NASA to inform the Committee on any deviations, subject to the thresholds specified in section 505 of this Act, 

from the levels explicit in the agency’s budget justification, as adjusted for congressional action, as shown in the accompanying summary table. The Committee’s recommendation for NASA is delineated more fully in the table below and in the account summaries. 

PROGRAMS, PROJECTS, AND ACTIVITIES OF THE NATIONAL AERONAUTICS AND SPACE 

ADMINISTRATION 

(Dollars in 000s) 

Recommended 

SCIENCE MISSION DIRECTORATE 

Earth Science: 

Earth Science Research: 

Research and Analysis ................................................................................................................... $245,669 

Computing and Management ......................................................................................................... 104,913 

Airborne Science ............................................................................................................................. 26,271 

Near Earth Object Observations ..................................................................................................... 3,701 

Earth Systematic Missions: 

Global Precipitation Measurement (GPM) ...................................................................................... 125,841 

Glory Mission .................................................................................................................................. 46,672 

Landsat Data Continuity Mission ................................................................................................... 159,380 

NPOESS Preparatory Project ........................................................................................................... 94,410 

Decadal Survey Missions ................................................................................................................ 153,202 

Ocean Surface Topography Mission ............................................................................................... 8,040 

Other Missions and Data Analysis ................................................................................................. 177,370 

Earth System Science Pathfinder: 

Orbiting Carbon Observatory (OCO) ............................................................................................... 23,227 

Aquarius ......................................................................................................................................... 29,102 

Other Missions and Data Analysis ................................................................................................. 29,363 

Earth Science Multi-Mission Operations ................................................................................................. 140,519 

Earth Science Technology: 

Advanced Technology Initiatives .................................................................................................... 8,325 

Instrument Incubator ...................................................................................................................... 25,866 

Advanced Info Systems Technology ............................................................................................... 11,896 

Applied Sciences: Pathways .................................................................................................................... 33,839 

Subtotal, Earth Science ......................................................................................................... 1,447,606 

Planetary Science: 

Planetary Science Research: 

Planetary Science Research and Analysis ..................................................................................... 142,381 

Lunar Science Research ................................................................................................................. 105,000 

Operating Missions and Analysis ................................................................................................... 19,529 

Education and Directorate Management ....................................................................................... 3,900 

Discovery: 

GRAIL .............................................................................................................................................. 122,383 

Moon Mineralogy Mapper ............................................................................................................... 2,701 

Discovery Future ............................................................................................................................. 50,448 

Discovery Research ......................................................................................................................... 18,816 

Operating Missions and Data Analysis .......................................................................................... 52,618 

New Frontiers: 263,930 

Juno ................................................................................................................................................ 244,959 

Other Missions and Data Analysis ................................................................................................. 18,971 

Mars Exploration: 

2009 Mars Science Lab ................................................................................................................. 300,000 

Mars Scout (2013) ......................................................................................................................... 6,697 

Mars Research and Analysis .......................................................................................................... 24,938 

Operating Missions and Data Analysis .......................................................................................... 131,559 

Outer Planets .................................................................................................................................. 101,089 


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PROGRAMS, PROJECTS, AND ACTIVITIES OF THE NATIONAL AERONAUTICS AND SPACE 

ADMINISTRATION—Continued 

(Dollars in 000s) 

Recommended 

Technology ...................................................................................................................................... 64,927 

Subtotal, Planetary science ................................................................................................... 1,410,916 

Astrophysics: 

Astrophysics Research: 

Astrophysics Research and Analysis .............................................................................................. 61,377 

Balloon Project ............................................................................................................................... 24,607 

Operating Missions and Data Analysis .......................................................................................... 66,307 

Cosmic Origins: 

Hubble Space Telescope ................................................................................................................. 161,945 

James Webb Space Telescope ........................................................................................................ 394,933 

Stratospheric Observatory for Infrared Astronomy (SOFIA) ............................................................ 72,823 

SIRTF/Spitzer ................................................................................................................................... 71,720 

Astrophysics Future Missions ......................................................................................................... 3,000 

Physics of the Cosmos: 

Gamma-ray Large Space Telescope (GLAST) ................................................................................. 23,155 

Joint Dark Energy Mission (JDEM) .................................................................................................. 8,500 

Herschel .......................................................................................................................................... 27,152 

Planck ............................................................................................................................................. 9,444 

Other Missions and Data Analysis ................................................................................................. 88,786 

Exoplanet Exploration: 

Kepler .............................................................................................................................................. 25,193 

Other Missions and Data Analysis ................................................................................................. 52,912 

Astrophysics Explorer: 89,127 

Wide—Field Infrared Survey Explorer ............................................................................................ 65,222 

NuStar ............................................................................................................................................. 41,500 

Operating Missions and Data Analysis .......................................................................................... 23,905 

Subtotal, Astrophysics ........................................................................................................... 1,180,981 

Heliophysics: 

Heliophysics Research: 

Heliophysics Research and Analysis .............................................................................................. 33,922 

Sounding Rockets ........................................................................................................................... 45,100 

ACE ................................................................................................................................................. 4,020 

Operating Missions and Data Analysis .......................................................................................... 71,452 

Research Range ............................................................................................................................. 18,300 

GSFC Building Support ................................................................................................................... 12,000 

Living with a Star: 

Solar Dynamics Observatory ........................................................................................................... 24,051 

Radiation Belt Storm Probes .......................................................................................................... 164,442 

Solar Probe ..................................................................................................................................... 18,000 

Balloon Array for Radiation ............................................................................................................ 944 

Other Missions and Data Analysis ................................................................................................. 44,394 

Solar Terrestrial Probes: 

Magnetospheric Multiscale ............................................................................................................. 107,582 

Other Missions and Data Analysis ................................................................................................. 28,490 

Heliophysics Explorer Program: 41,291 

Interstellar Boundary Explorer ........................................................................................................ 9,490 

Other Missions and Data Analysis ................................................................................................. 31,801 

New Millennium: 4,297 

Subtotal, Heliophysics ........................................................................................................... 618,285 

Unallocated adjustment reflecting carryover ........................................................................ ¥181,269 

Total, Science Mission Directorate ............................................................................... 4,518,019 

AERONAUTICS 

Aviation Safety: 

Integrated Vehicle Health Management .................................................................................................. 19,707 

Aging Aircraft .......................................................................................................................................... 10,601 

Integrated Resilient Aircraft Control ....................................................................................................... 17,110 

Integrated Intelligent Flight Deck Technologies ..................................................................................... 15,216 


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PROGRAMS, PROJECTS, AND ACTIVITIES OF THE NATIONAL AERONAUTICS AND SPACE 

ADMINISTRATION—Continued 

(Dollars in 000s) 

Recommended 

Additional investments in multi-year NextGen activities ....................................................................... 8,000 

Airspace Systems: 

NextGen—Airspace .................................................................................................................................. 61,279 

NextGen—Airportat ................................................................................................................................. 13,287 

Additional investments in multi-year NextGen activities ....................................................................... 30,000 

Fundamental Aeronautics: 

Subsonic—Rotary Wing .......................................................................................................................... 25,778 

Subsonic—Fixed Wing ............................................................................................................................ 134,927 

Supersonics ............................................................................................................................................. 43,956 

Hypersonics .............................................................................................................................................. 57,283 

Aeronautics Test Program: 

Aero Ground Test Facilities ..................................................................................................................... 48,219 

Flight Operations and Test Infrastructure .............................................................................................. 25,637 

Additional investments in multi-year NextGen activities ....................................................................... 4,000 

Total, Aeronautics ......................................................................................................... 515,000 

EXPLORATION SYSTEMS MISSION DIRECTORATE 

Constellation Systems: 

Constellation Systems Program: 

Program Integration and Operations ............................................................................................. 748,178 

Crew Exploration Vehicle ................................................................................................................ 1,101,436 

Crew Launch Vehicle ...................................................................................................................... 1,018,515 

Cargo Launch Vehicle .................................................................................................................... 6,979 

Commercial Crew and Cargo: COTS 153,045 

Subtotal, Constellation systems ............................................................................................ 3,028,153 

Advanced Capabilities: 

Human Research Program: 

ISS Medical Project ........................................................................................................................ 19,945 

Research Infusion Projects ............................................................................................................. 131,938 

Exploration Technology Development: 

ISS Research .................................................................................................................................. 50,000 

Technology Infusion Projects .......................................................................................................... 219,316 

Lunar Precursor Robotic Program: 56,334 

Lunar Precursor Robotic Program Management ............................................................................ 16,380 

Lunar Reconnaissance Orbiter ....................................................................................................... 39,954 

Subtotal, Advanced capabilities ........................................................................................... 477,533 

Total, Explorations Systems ......................................................................................... 3,505,686 

SPACE OPERATIONS MISSION DIRECTORATE 

Space Shuttle: 

Program integration ................................................................................................................................ 489,618 

Flight and Ground Operations ................................................................................................................. 1,031,220 

Flight Hardware ....................................................................................................................................... 1,460,886 

International Space Station: 

ISS Operations ......................................................................................................................................... 1,755,362 

ISS Cargo Crew Services ......................................................................................................................... 304,800 

Space and Flight Support (SFS): 

Space Communications and Navigation: 

Space Communications Networks .................................................................................................. 363,521 

Space Communications Support .................................................................................................... 65,402 

TDRS Replenishment ...................................................................................................................... 154,000 

Launch Services ...................................................................................................................................... 89,558 

Rocket Propulsion Testing ....................................................................................................................... 41,772 

Crew Health & Safety .............................................................................................................................. 8,571 

Total, Space Operations ........................................................................................................ 5,764,710 


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PROGRAMS, PROJECTS, AND ACTIVITIES OF THE NATIONAL AERONAUTICS AND SPACE 

ADMINISTRATION—Continued 

(Dollars in 000s) 

Recommended 

EDUCATION 

Elementary and Secondary Education .............................................................................................................. 24,000 

Competitive Educational Grant Program ......................................................................................................... 25,000 

E-Education ...................................................................................................................................................... 6,000 

MUREP .............................................................................................................................................................. 28,200 

Higher Education .............................................................................................................................................. 14,000 

EPSCoR ............................................................................................................................................................. 24,000 

NASA Space Grant .......................................................................................................................................... 40,000 

Global Climate Change Education ................................................................................................................... 13,000 

Science Museums and Planetarium Grants ..................................................................................................... 13,000 

Total, Education .................................................................................................................... 187,200 

CROSS-AGENCY SUPPORT PROGRAMS 

Center Management and Operations: 

Facility Services ....................................................................................................................................... 480,089 

Environmental Management .................................................................................................................... 28,316 

Institutional Administration .................................................................................................................... 584,988 

Safety and Mission Assurance ................................................................................................................ 43,527 

SMA Technical Authority .......................................................................................................................... 25,378 

Science & Engineering ............................................................................................................................ 206,387 

Center Investments Account ................................................................................................................... 81,322 

Test Services ........................................................................................................................................... 16,905 

Information Services ................................................................................................................................ 255,747 

Security Program ..................................................................................................................................... 110,787 

Fabrication ............................................................................................................................................... 7,028 

Other Personnel Costs ............................................................................................................................. 76,118 

Technical Excellence ................................................................................................................................ 116,999 

Agency Management and Operations: 

Agency Management ........................................................................................................................................ 357,927 

Safety and Mission Success: 

Safety and Mission Assurance ................................................................................................................ 42,942 

Chief Engineer ......................................................................................................................................... 87,027 

Chief Health and Medical Officer ........................................................................................................... 4,112 

Independent Verification and Validation ................................................................................................ 38,347 

Agency IT Services (AITS): 

IT Management ........................................................................................................................................ 24,168 

Applications ............................................................................................................................................. 61,370 

Infrastructure ........................................................................................................................................... 78,373 

Innovative Partnerships Program: 

Small Business Innovative Research ...................................................................................................... 117,857 

Small Business Technology Transfer Research ...................................................................................... 14,143 

Partnership Development ........................................................................................................................ 24,096 

SBIR-STTR—Program Support ................................................................................................................ 9,134 

Strategic Capabilities Assets Program: 

Simulators ............................................................................................................................................... 11,500 

Thermal Vacuum Chambers .................................................................................................................... 7,209 

Arc Jets .................................................................................................................................................... 9,291 

Institutional Investments: 

Institutional Construction of Facilities ................................................................................................... 218,901 

Environmental Compliance and Restoration ........................................................................................... 74,764 

Congressionally-directed Items ........................................................................................................................ 30,000 

Total, Cross-Agency Support Programs .......................................................................................... 3,244,752 

Inspector General ............................................................................................................................................. 33,600 

Total, NASA ..................................................................................................................................... 17,768,967 


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SCIENCE

Fiscal Year 2008 enacted ................................................................... (1) 

Fiscal Year 2009 request ................................................................... $4,441,519,000 

Recommended in the bill ................................................................... 4,518,019,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ (1) 

Fiscal Year 2009 request ............................................................ +76,500,000 1The FY 2008 Omnibus Appropriations Act directed NASA to modify the agency’s FY 2009 appropriations 

account structure from three accounts (Science, Aeronautics and Exploration; Exploration Capabilities and Inspector General) to seven accounts. For comparability purposes, $4,706,178,000 was allocated for such activities in fiscal year 2008. 

This appropriation provides for the full costs associated with the 

science activities of the agency, which consist of the programs, or 

themes, within the Science Mission Directorate. The full costs include all labor, travel, procurement, test and fabrication costs to 

execute these programs, which provide for all of the research; development; operations; salaries and related expenses; design, repair, rehabilitation, modification of facilities, and construction of 

new facilities; and other general and administrative activities supporting the themes within this account. NASA’s Science Mission 

Directorate encompasses four themes: Earth Science, Planetary 

Science, Heliophysics, and Astrophysics. The Directorate seeks to 

answer fundamental questions concerning the ways in which 

Earth’s climate is changing; the comparison of Earth with other 

planets in the solar system and around other stars; the connections 

among the Sun, Earth, and heliosphere; and the origin and evolution of planetary systems, the galaxy, and the universe, including 

the origin and distribution of life in the universe. The Directorate 

achieves its objectives through robotic flight missions, groundbased scientific research and data analysis, and the development of 

new technologies for future missions. 

For fiscal year 2009, the Committee recommends $4,518,019,000, 

an increase of $76,500,000 over the budget request. The recommendation makes the following adjustments to the budget request: 

Glory mission ...................................................................................... +$17,000,000 

Landsat data continuity mission ....................................................... +20,000,000 

Decadal survey missions .................................................................... +50,000,000 

Orbiting carbon observatory .............................................................. ¥2,200,000 

Aquarius .............................................................................................. ¥4,700,000 

Mars exploration: Mars science laboratory ...................................... +76,669,000 

Hubble space telescope ....................................................................... +7,000,000 

James Webb space telescope ............................................................. +23,000,000 

Astrophysics exoplanet exploration: other missions and data 

analysis ............................................................................................ +30,000,000 

Radiation belt storm probes .............................................................. +10,000,000 

Solar Probe .......................................................................................... +18,000,000 

Magnetospheric multiscale ................................................................ +13,000,000 

Unallocated adjustment reflecting carryover ................................... ¥181,269,000 

Project cost increases.—The Committee is aware that the Glory 

mission, the Mars Science Laboratory and the Hubble space telescope are experiencing costs growths in fiscal years 2008 and 2009, 

and that the James Webb space telescope requires additional resources to cover its reserves. Accordingly, the Committee includes 

additional resources of $17,000,000 for the Glory mission; 

$76,669,000 for the Mars Science Laboratory; and $23,000,000 for 

the James Webb space telescope for fiscal year 2009. To accommodate these cost requirements in fiscal year 2009, the Committee 


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recommends offsetting unspecified reductions in the science portfolio totaling $181,269,000, recognizing NASA’s plans to carry-over 

from fiscal year 2008 sufficient unobligated balances to cover these 

cost requirements. The Committee directs NASA in its initial operating plan for fiscal year 2009 to identify only funding sources that 

do not result in the delay or cancellation of missions in development or the cancellation of any selected projects, and shall not 

identify any increases above the request expressly provided by Congress. 

Other adjustments.—Adjustments to the budget request for the 

orbiting carbon observatory (OCO), Aquarius, radiation belt storm 

probes and magnetospheric multiscale reflect anticipated adjustments NASA intends to make in its initial fiscal year 2009 operating plan. 

Landsat data continuity mission.—An additional $20,000,000 is 

provided to initiate development of a thermal infra-red sensor 

(TIRS) to ensure data continuity for critical measurements made by 

this Landsat sensor for scientific research and water management 

applications. NASA is directed to identify the earliest and least expensive development approach and flight opportunity for the TIRS, 

either through accommodation on the Landsat data continuing mission or through an alternative platform, and submit a report ton 

to the House and Senate Committees on Appropriations. 

Decadal survey missions.—The National Academy of Sciences released the inaugural Earth Science and Applications Decadal Survey in 2007. This report recommends 15 new space missions for 

NASA to undertake in the decade from 2010 to 2020, in three 

phases. The Fiscal Year 2008 Consolidated Appropriations Act provided $33,000,000 to initiate these missions. The fiscal year 2009 

budget request provides $103,202,000 and a total of $910,000,000 

to conduct five missions through the period 2013. NASA has announced plans to initiate two missions: SMAP to be launched in 

2010 and ICESat II for 2015. The overall Earth Science Decadal 

Mission plan, assuming the funds projected to be available, will 

only accomplish one-third of the recommended missions during the 

period stated by the National Academy of Sciences. The Global Climate Observing System science community has identified 26 essential climate variables that should be measured simultaneously and 

on a sustained basis. The budget profile for developing Earth 

science missions cannot meet the need for developing and demonstrating space-based climate measurements. Accordingly, the 

Committee recommends an additional $50,000,000 to accelerate 

and achieve a level of system development more consistent with the 

National Academy of Sciences’ recommendations. 

Mars exploration.—The Committee commends NASA for its 

robotic Mars exploration program, but does not agree with the 

NASA’s fiscal year 2009 budget request, which drastically reduces 

one of the Agency’s most successful programs. The recent landing 

of the Phoenix spacecraft on Mars demonstrates that the United 

States is the undisputed leader in Mars exploration, and this program must be maintained at a level to continue U.S. leadership 

and major accomplishments. This program also plays a key role in 

training a new generation of engineers and scientists through its 

continuing major scientific discoveries and public engagement. The 

Committee continues to support a robust Mars exploration program 


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with a rate of at least one mission at every opportunity (every 26 

months, except 2011). Full funding is provided to continue operating current missions (Odyssey, Mars Reconnaissance Orbiter, 

Spirit and Opportunity and now Phoenix), complete the Mars 

Science Lab (MSL) for launch in 2009, and Scout in 2013. Additional funds are provided above the request to cover fiscal year 

2009 costs of the MSL overruns and to ensure integrity of the 2009 

launch date. MSL is critical to setting the scientific focus for the 

next decade’s mission portfolio, especially a future Mars sample return mission, by proving critical technologies such as high-mass 

landing and sample handling systems, and in the reconstitution of 

the Mars program. 

The Committee applauds NASA’s recent engagement of the Mars 

community to define missions for the next decade that will lead to 

a Mars sample return early in the 2020s. This proactive approach 

has been successful in the past and should be continued. Consistent with NASA’s science strategy, NASA should redefine outyear budget profiles for the Mars exploration program to begin definition and technology investments for the next decade, to support 

a lander mission for launch in 2016, and follow-on missions for 

launch in 2018 and 2020, to support operating missions, and to 

plan for development of a sample return mission in the 2020 decade. NASA should consider augmenting technology to be demonstrated as part of the 2013 Scout. Special emphasis should also 

be placed on technology that maintains landing systems capabilities that are applicable for a Mars Sample Return Mission. Finally, 

the Committee recognizes the importance of small, competitively 

selected missions such as Mars Scout, and recommends that NASA 

include additional Mars Scout missions beyond 2013. 

Outer planets.—The Committee remains supportive of NASA’s 

plans to conduct an outer planet flagship mission in cooperation 

with the European community with a launch as soon as practicable. The Committee looks forward to a more detailed plan and 

projected launch date as part of the fiscal year 2010 budget. 

Astrophysics exoplanet exploration, other missions and data analysis.—The Committee commends NASA for starting a budget line 

for exoplanet missions, as exploring neighboring planetary systems 

is of high scientific and public interest. The Committee understands that NASA is assessing lower cost versions of the Space 

Interferometry Mission (SIM) and continues to complete the detailed formulation phase (including cost and implementation plan) 

of a ‘‘SIM-Lite’’ mission that would meet the requirements laid out 

in the two most recent decadal surveys for an astrophysics mission. 

The study of a number of Earth-like exoplanet detection techniques 

will be guided by the Astronomy and Astrophysics Advisory committee report. To continue these efforts, the Committee recommends provides an increase of $30,000,000 over the budget request. 

Solar Probe.—Solar Probe is a critical component of NASA’s Living with a Star program, which seeks to study and better understand the effects of the Sun on the Earth, for which the Committee 

provides $18,000,000 in fiscal year 2009. 

Ocean vector wind study.—Within the funds appropriated, NASA 

shall, working with NOAA, undertake a study to evaluate satellite 


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and non-satellite alternatives for generating SeaWinds-like ocean 

wind data. 

AERONAUTICS

Fiscal Year 2008 enacted ................................................................... (1) 

Fiscal Year 2009 request ................................................................... $446,500,000 

Recommended in the bill ................................................................... 515,000,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ (1) 

Fiscal Year 2009 request ............................................................ +68,500,000 1The FY 2008 Omnibus Appropriations Act directed NASA to modify the agency’s FY 2009 appropriations 

account structure from three accounts (Science, Aeronautics and Exploration; Exploration Capabilities and Inspector General) to seven accounts. For comparability purposes, $511,706,000 was allocated for such activities 

in fiscal year 2008. 

This appropriation provides for the full costs associated with the 

aeronautics activities of the agency, which consist of the programs, 

or themes, within the Aeronautics Mission Directorate. The full 

costs include all labor, travel, procurement, test and fabrication 

costs to execute these programs, which provide for all of the research; development; operations; salaries and related expenses; design, repair, rehabilitation, modification of facilities, and construction of new facilities; and other general and administrative activities supporting the themes within this account. NASA’s Aeronautics Research Mission Directorate is committed to expanding 

the boundaries of aeronautical knowledge for the benefit of the Nation and the broad aeronautics community. NASA conducts cuttingedge research that includes foundational research across a number 

of core competencies that support aeronautics and space exploration activities; research in key areas related to the development 

of advanced aircraft technologies and systems, including those related to aircraft safety, environmental compatibility, and fuel efficiency; and research that supports the Next Generation Air Transportation System in partnership with the Joint Planning and Development Office. 

The report of the President’s Commission on the Future of the 

United States Aerospace Industry and the recent National Research Council Assessment of NASA’s aeronautics technology programs conclude that robust investments are critical to maintain the 

United States’ leadership in aeronautics. The level proposed by the 

Administration for aeronautics research will ensure that the 

United States will not remain a world leader in aeronautical 

science and technology for either civil or military applications. 

While competition from abroad expands, the reductions in Federal 

investments proposed in the budget request cannot be sustained. 

Accordingly, the Committee recommends a total of $515,000,000, 

an increase of $68,500,000 over the budget request and $3,294,000 

over the comparable fiscal year 2008 enacted level. The bill provides $68,500,000 over the budget request specifically 

for additional investments in research and development to plan for 

and implement the Next Generation Air Transportation System 

(NextGen) and to further research and development in ‘‘green’’ aircraft. The congressional augmentation is to be expended to support 

multi-year NextGen investments, engage stakeholders and to develop a more diversified portfolio in terms of the stage of technology developed; research and development activities to be funded 

by this augmentation shall not be selected solely based on one 

year’s funding availability. The Committee fully expects that these 


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investments shall serve as ‘‘seed money’’ upon which subsequent 

funding requirements and requests are based. The Committee directs the Aeronautics Research Mission Directorate to provide to 

the Committees on Appropriations of the House and Senate in 

NASA’s initial fiscal year 2009 operating plan a proposed expenditure analysis of the congressional augmentation to ensure that this 

investment of funds is devoted to long-term, multi-year research 

and development activities to support NextGen technology needs 

and solutions and ‘‘green’’ aircraft. Additional investments in multiyear activities are to be distributed as follows: 

Aviation safety .................................................................................... +$8,000,000 

Airspace systems ................................................................................ +30,000,000 

Fundamental aeronautics: subsonic fixed wing ............................... +26,500,000 

Aeronautics test program .................................................................. +4,000,000 

EXPLORATION

Fiscal Year 2008 enacted ................................................................... (1) 

Fiscal Year 2009 request ................................................................... $3,500,469,000 

Recommended in the bill ................................................................... 3,505,686,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ (1) 

Fiscal Year 2009 request ............................................................ +5,217,000 1The FY 2008 Omnibus Appropriations Act directed NASA to modify the agency’s FY 2009 appropriations 

account structure from three accounts (Science, Aeronautics and Exploration; Exploration Capabilities and Inspector General) to seven accounts. For comparability purposes, $3,143,083,000 was allocated for such activities in fiscal year 2008. 

This appropriation provides for the full costs associated with the 

exploration activities of the agency, which consist of the programs, 

or themes, within the Exploration Mission Directorate. The full 

costs include all labor, travel, procurement, test and fabrication 

costs to execute these programs, which provide for all of the research; development; operations; salaries and related expenses; design, repair, rehabilitation, modification of facilities, and construction of new facilities; and other general and administrative activities supporting the themes within this account. The Exploration 

Systems Mission Directorate was established to realize the Vision 

for Space Exploration. Exploration Systems includes two themes 

that work together to enable sustainable exploration and scientific 

discovery in the solar system: Constellation Systems and Advanced 

Capabilities. 

Through Constellation Systems, NASA will develop, demonstrate, 

and deploy the transportation, life support, and surface systems 

that will enable sustained human and robotic exploration of the 

Moon, Mars, and beyond. Human exploration will enable scientific 

activities and discoveries not obtainable with robotic explorers. Initial capabilities include the Orion crew exploration vehicle that will 

transport and support crews traveling beyond low Earth orbit, and 

the Ares I launch vehicle for transporting Orion into space. Following the development of these initial capabilities, Constellation 

Systems will develop capabilities to support a human mission to 

the lunar surface by 2020. These capabilities include the Ares V 

heavylift launch vehicle, leveraging engineering design and capabilities from the Shuttle program; an Earth departure stage to propel Orion from low Earth to lunar orbit; a lunar surface access 

module to safely transport astronauts to and from the lunar surface; and systems, capabilities, and support for extended human 

stays on the lunar surface. Future development will provide crew, 


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cargo transportation, and destination support capabilities required 

for human exploration of Mars and beyond. 

The Advanced Capabilities theme consists of three programs: the 

lunar precursor robotic program, the exploration technology development program, and the human research program. Activities 

within these programs help prepare for human lunar exploration, 

test new technologies that enable exploration, and further understanding of the effects of space on human performance. The lunar 

precursor robotic program is developing a precursor mission to 

characterize the lunar environment. The lunar reconnaissance orbiter and lunar crater observing and sensing satellite, scheduled to 

launch in October 2008, will seek to find safe landing sites, locate 

potential resources, characterize the radiation environment, and 

demonstrate new technology. The lunar precursor robotic program 

will work with the Science Mission Directorate and international 

partners on future missions to ensure that NASA gains the data 

it needs for safe and cost-effective future exploration. 

For fiscal year 2009, the Committee recommendation includes 

$3,505,686,000, an increase of $5,217,000 over the budget request, 

and $362,603,000 over comparable fiscal year 2008 enacted levels. 

International Space Station (ISS) research.—The Committee provides an increase of $25,217,000 over the budget request for ISS research, for a total of $50,000,000 in fiscal year 2009. These funds 

support the study of life and physical sciences phenomenon in 

microgravity, as well as in the partial gravity environments of the 

Moon and Mars. 

Commercial orbital transportation services.—NASA’s commercial 

orbital transportation services (COTS) projects are intended to facilitate U.S. private industry’s development of cargo and crew space 

transportation capabilities with the goal of demonstrating reliable, 

cost-effective access to low Earth orbit. The COTS program for both 

cargo and crew missions seeks to enable NASA to operate 

affordably and utilize fully the International Space Station for 

science and engineering research once the Space Shuttle has retired, using a range of new commercial cargo and crew service 

transportation capabilities and creating a marketplace for commercial cargo and crew services that may change the economics of 

space activities for public and private benefit. 

For fiscal year 2009, the Committee provides a total of 

$153,045,000 for the COTS program, a reduction of $20,000,000 

from the request. The recommended reduction is taken without 

prejudice to the program, and is based on NASA’s estimated expenditures for fiscal year 2009 while accounting for program management costs and anticipated payments to industry partners who 

successfully meet milestones in current Space Act agreements. The 

Committee continues to support the COTS program as a critical 

element in achieving NASA’s vision for space exploration. The 

funding provided in should enable NASA to shorten the projected 

five-year gap in the U.S. cargo carriage capabilities (between Shuttle retirement and functionality of the new crew exploration vehicle) and, thereby, minimize dependence on the Russian Progress or 

other non-U.S. launch vehicles and spacecraft. 


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SPACE OPERATIONS

Fiscal Year 2008 enacted ................................................................... (1) 

Fiscal Year 2009 request ................................................................... $5,774,710,000 

Recommended in the bill ................................................................... 5,764,710,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ (1) 

Fiscal Year 2009 request ............................................................ ¥10,000,000 1The FY 2008 Omnibus Appropriations Act directed NASA to modify the agency’s FY 2009 appropriations 

account structure from three accounts (Science, Aeronautics and Exploration; Exploration Capabilities and Inspector General) to seven accounts. For comparability purposes, $5,526,157,000 was allocated for such activities in fiscal year 2008. 

This appropriation provides for the full costs associated with the 

space operations activities of the agency, which consist of the programs, or themes, within the Space Operations Mission Directorate. The full costs include all labor, travel, procurement, test 

and fabrication costs to execute these programs, which provide for 

all of the research; development; operations; salaries and related 

expenses; design, repair, rehabilitation, modification of facilities, 

and construction of new facilities; and other general and administrative activities supporting the themes within this account. Funding in this account is provided for the International Space Station 

and related activities, and the Space Shuttle program. The Shuttle 

program will support the Space Operations and Exploration Systems Mission Directorates to leverage select Shuttle flight hardware and ground systems to advance the development of the Orion 

crew exploration vehicle, the Ares I crew launch vehicle, and the 

Ares V heavy lift launch vehicle. In fiscal year 2009, funding for 

the agency’s space communications and navigation infrastructure 

will be consolidated within the Space Operations’ Office of Space 

Communications and Navigation to transition to a unified mission 

support architecture to better serve Exploration requirements. For 

fiscal year 2009, the Committee recommendation includes 

$5,764,710,000, a decrease of $10,000,000 below the request and 

$238,553,000 over comparable fiscal year 2008 enacted levels. The 

bill includes provisions providing specific amounts for Space Shuttle, International Space Station and Space and Flight support activities. 

Shuttle logistics flights.—In the wake of the Space Shuttle Columbia accident, the Committee appreciates NASA’s desire to restrict the number of Space Shuttle missions to only those necessary 

to complete assembly of the International Space Station and a final 

servicing mission of the Hubble Space Telescope. The first priority 

for Space Shuttle flights is to support a robust and viable International Space Station to fulfill our Nation’s commitments to our 

international partners and justify our Nation’s sizable investment 

in this research facility. Thus, funding is provided within the Space 

Shuttle program to plan and carry out, as part of the Space Shuttle’s baseline manifest, the two logistics missions (ULF–4 and 

ULF–5) that NASA has planned and funded, provided these missions can be flown before 2011 and the NASA Administrator certifies to the Congress prior to each of these missions being carried 

out that those missions are necessary and can be safely conducted. 

The appropriate authorizing committees of the House and Senate 

have viewed the inclusion of a hard retirement date of the Space 

Shuttle as a potential problem, and the House’s NASA reauthorization bill, requires the Space Shuttle be retired following completion 

of the flight manifest, including the missions directed by Congress. 


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The Committee concurs with this position and, tfore, anticipates 

that NASA shall retire the Space Shuttle after completion of the 

flight manifest. 

Alpha magnetic spectrometer (AMS).—NASA shall not take any 

action prior to 18 months preceding the anticipated retirement of 

the Space Shuttle in 2010 that would otherwise preclude the delivery of the AMS to the International Space Station. 

Launch services.—The Committee has provided a total of 

$89,558,000 for launch services, $10,000,000 less than the budget 

request. The Committee has deferred funding specifically requested 

to mitigate the out-year costs of launch infrastructure and repairs 

as NASA has indicated to the Committee that it has not made a 

final determination of the allocation or phasing of the use of these 

funds. Once identified, should NASA determine that the cost-benefit of proceeding with these activities is of high-priority, the Committee will consider a reprogramming within the funds provided for 

this account or from within the Cross-Agency Support account for 

the construction of facilities. 

EDUCATION

Fiscal Year 2008 enacted ................................................................... (1) 

Fiscal Year 2009 request ................................................................... $115,600,000 

Recommended in the bill ................................................................... 187,200,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ (1) 

Fiscal Year 2009 request ............................................................ +71,600,000 1The FY 2008 Omnibus Appropriations Act directed NASA to modify the agency’s FY 2009 appropriations 

account structure from three accounts (Science, Aeronautics and Exploration; Exploration Capabilities and Inspector General) to seven accounts. For comparability purposes, $146,776,000 was allocated for such activities 

in fiscal year 2008. 

This appropriation provides for the full costs associated with the 

education activities of the agency, which consist of the programs, 

or themes, within the Education Mission Directorate. The full costs 

include all labor, travel, and procurement costs to execute these 

programs, which provide for all general and administrative activities supporting this mission. NASA’s Education program works to 

inspire and educate students at all levels to pursue careers in the 

fields of science, technology, engineering, and mathematics, while 

also engaging the education community to reach this goal. The 

Education portfolio demonstrates a commitment to science, technology, engineering and mathematics education to ensure that the 

next generation of explorers and innovators is fully prepared to join 

NASA’s workforce while contributing to national needs. NASA’s objectives are to (1) provide elementary and secondary students and 

teachers with NASA-related education opportunities; (2) support 

higher education research capability and opportunities that attract 

and prepare students and faculty for NASA-related careers; (3) provide students, teachers, faculty and researchers from underrepresented and underserved communities with opportunities in 

NASA-related science and technology fields; (4) and increase student, teacher and public access to NASA education resources by developing and deploying innovative technology applications platforms. NASA engages the public in shaping and sharing the experience of exploration and discovery by improving public understanding of science and technology, including NASA aerospace technology, research and exploration missions. 


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The Committee rejects the Administration’s proposal to cut 

NASA’s education programs from comparable fiscal year 2008 enacted levels. The 2005 National Academies’ report, Rising Above 

the Gathering Storm noted that the scientific and technological 

building blocks of the United States’ economic leadership are eroding at a time when other nations are gathering strength. The necessary key identified in the report is to improve America’s talent 

pool by vastly improving Kindergarten through twelfth grade 

science and mathematics education. In addition, a recent congressionally-mandated task force found that by the end of this year, 

over one-quarter of the U.S. aerospace workforce will be eligible to 

retire, with too few engineers graduating from college to replace 

them. A continuing dearth of students and graduates in math, 

science and engineering cannot be sustained. Short-term cuts in 

education programs have long-term effects. Accordingly, for fiscal 

year 2009, the Committee recommends $187,200,000, an increase 

of $71,600,000 over the budget request. Funds provided in this appropriation are to be allocated as follows: 

Elementary and secondary education ............................................... $24,000,000 

Competitive educational grant program ........................................... 25,000,000 

E-Education ........................................................................................ 6,000,000 

MUREP ............................................................................................... 28,200,000 

Higher education ................................................................................ 14,000,000 

EPSCoR ............................................................................................... 24,000,000 

National Space Grant College and Fellowship program ................. 40,000,000 

Global climate change education ....................................................... 13,000,000 

Science museums and planetarium grants ...................................... 13,000,000 

National Space Grant College and Fellowship program.—For this 

program, the Committee provides a total of $40,000,000, which will 

fund 40 states or jurisdictions at $815,000 each and 12 states or 

jurisdictions at $615,000 each. 

CROSS-AGENCY SUPPORT PROGRAMS

Fiscal Year 2008 enacted ................................................................... (1) 

Fiscal Year 2009 request ................................................................... $3,299,902,000 

Recommended in the bill ................................................................... 3,244,752,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ (1) 

Fiscal Year 2009 request ............................................................ ¥55,150,000 1 The FY 2008 Omnibus Appropriations Act directed NASA to modify the agency’s FY 2009 appropriations 

account structure from three accounts (Science, Aeronautics and Exploration; Exploration Capabilities and Inspector General) to seven accounts. For comparability purposes, $3,242,900,000 was allocated for such activities in fiscal year 2008. 

This appropriation provides for the agency supporting functions 

associated with the science, aeronautics, education, space operations and exploration activities of the agency. This account provides for the research; development; operations; salaries and related expenses; design, repair, rehabilitation, modification of facilities, and construction of new facilities; and other general and administrative activities supporting the themes within the five other 

program accounts. Cross-Agency Support provides a strategic focus 

for managing agency mission support functions and some of 

NASA’s unique research facilities. This budget area consists of 

three themes: center management and operations; agency management and operations; and institutional investments. The center 

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sion. This budget theme is not directly identified or aligned to a 

specific program or project requirement, but is necessary for efficient and effective administration and operation of the NASA centers. The agency management and operations theme provides for 

the management and oversight of agency missions, functions, and 

the performance of some agency-wide activities and unique research capabilities and facilities. Theme responsibilities include the 

determination of programs and projects; establishment of management policies, procedures, and performance criteria; evaluation of 

progress; and the coordination and integration of all phases of the 

agency’s mission. The five major programs included in this theme 

are agency management, safety and mission success, agency IT 

services, innovative partnerships program, and strategic capability 

asset program. The institutional investments theme provides for 

design and execution of non-programmatic discrete and minor revitalization construction of facilities projects, facility demolition 

projects, and environmental compliance and restoration activities. For fiscal year 2009, the bill provides $3,245,252,000, $55,150,000 below the budget request. The Committee recommendation provides for the following allocation of funds within 

cross-agency support programs: 

Center management and operations ................................................. $2,033,591,000 

Agency management and operations ................................................ 887,496,000 

Institutional investments ................................................................... 293,665,000 

Congressionally-designated items ..................................................... 30,000,000 

Agency management and operations.—The Committee recommends the following adjustments to the budget request: 

Budget request .................................................................................... $945,646,000 

Recommended adjustments: 

Agency management ................................................................... ¥56,650,000 

Safety and mission success: Independent verification and validation ....................................................................................... +9,000,000 

Innovative partnership programs .............................................. ¥10,500,000 

Total, agency management and operations ....................... 887,496,000 

Agency management.—The Committee recommends a reduction 

of $56,650,000 from the budget estimate for agency management. 

The recommended level of $372,300,000 provides an inflationary increase of 3 percent over the fiscal year 2008 enacted level for comparable activities. The Committee asserts that a proposed increase 

of nearly 14 percent for headquarters management cannot be justified when direct labor costs budgeted in the mission directorates 

are inflated by only single-digit inflationary adjustments. 

Safety and mission success.—The Committee recommends a total 

of $172,428,000, an increase of $9,000,000 over the budget estimate, for safety and mission success. These funds shall be available 

for NASA’s overall software assurance and risk management strategy to ensure the correctness and quality of critical and complex 

software systems. Within the funds provided for independent 

verification and validation, $5,000,000 shall be available for the development of competitive verification and validation research tools 

and technologies and $33,347,000 shall be available for the independent verification and validation program. 

Innovative partnerships.—The budget proposed funding for several programs, including future centennial challenges, investment 


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seed fund, facilitated access to space environment for technology 

development and training (FAST), and innovation transfusion. The 

Committee recommendation does not provide resources for these 

activities in fiscal year 2009 as no funds were allocated for these 

programs in the preceding year. 

Institutional investments.—Within the funds provided, the Com- mittee recommends not more than $13,700,000 for facility planning 

and design, an increase of $900,000, or 7 percent, over last year’s 

level and $10,000,000 below the budget request. In addition, the 

Committee reduces funds planned for minor revitalization of facilities at various locations (less than $500,000) by $4,850,000 and reallocates such funds to fully fund the repair and construction of the 

consolidated information technology center at Dryden Flight Research Center (DFRC). This transfer reflects NASA’s planned execution of repair and construction at DFRC in fiscal year 2009. Further, the Committee recommends $24,000,000 for the collaborative support facility (Building N232) at Ames Research Center 

(ARC), $5,000,000 less than requested. The recommendation recognizes that ARC recently executed an enhanced use lease, resulting 

in unanticipated receipts in fiscal years 2008 and 2009 to offset, in 

part, the necessary appropriations request for the planned facility. 

Congressionally-directed items.—Within the appropriation for 

cross-agency support programs, the Committee recommendation 

provides for the following Congressionally-directed activities: 


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OFFICE OF INSPECTOR GENERAL

Fiscal Year 2008 enacted ................................................................... $32,600,000 

Fiscal Year 2009 request ................................................................... 35,500,000 

Recommended in the bill ................................................................... 33,600,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +1,000,000 

Fiscal Year 2009 request ............................................................ ¥1,900,000 

The Inspector General Act of 1978 established the Office of Inspector General. The Office’s mission is to prevent and detect 

crime, fraud, waste, abuse, and mismanagement while promoting 

economy, effectiveness, and efficiency with NASA. The Committee 

recommendation includes $33,600,000 for the Office of Inspector 

General, $2,900,000 above the fiscal year 2008 enacted level and 

$1,900,000 below the budget estimate. 

ADMINISTRATIVE PROVISIONS

The bill includes a provision that provides that for any funds appropriated to the National Aeronautics and Space Administration 

under this title for any account other than for the Office of the Inspector General for which obligations are incurred for construction 

of facilities or environmental compliance and restoration activities 

shall be available until expended. This provision does not apply to 

amounts appropriated for institutional minor revitalization and 

minor construction of facilities, and institutional facility planning 

and design. 

The bill includes a provision that funds for announced prizes otherwise authorized shall remain available until expended, until the 

prize is claimed or the offer withdrawn. 

The bill includes a provision that establishes thresholds for the 

transfer of funds. 

The bill includes a provision prohibiting the use of funds to implement any reduction in force or other involuntary separations 

(except for cause) by NASA prior to September 30, 2009. 

The bill includes a provision that provides for the transfer of balances under the old appropriations account structure to the new 

appropriations account structure. 

The bill includes a provision that requires NASA to submit by 

November 1, 2008, a report detailing by mission directorate, fiscal 

year and object class costs expended to date and required for Space 

Shuttle retirement and transition activities for fiscal years 2006 

through 2015. 

The bill includes a provision that limits in fiscal year 2009 the 

number of non-career full-time equivalent positions in NASA to 48 

and prohibits the detail of any such personnel covered by this provision to be assigned on temporary detail outside NASA. 

The Committee does not recommend language requested by the 

Administration that would clarify that obligations incurred in certain appropriations accounts that were executed with proper legal 

authority during the period of fiscal years 2001 through 2009, and 

that have not been cancelled, would remain available through fiscal 

year 2015 for the closeout of all Space Shuttle contracts and associated programs. NASA has yet to delineate fully the scope as well 

as annual and total costs of Space Shuttle retirement and transition activities, and until such time as it does, the Committee believes such a proposal is premature and unjustified. 


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NATIONAL SCIENCE FOUNDATION

Fiscal Year 2008 enacted ................................................................... $6,065,000,000 

Fiscal Year 2009 request ................................................................... 6,854,100,000 

Recommended in the bill ................................................................... 6,854,100,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +789,100,000 

Fiscal Year 2009 request ............................................................ ............................

Established in 1950, the National Science Foundation’s (NSF) 

primary purpose is to develop and implement a national policy on 

science, and support and promote basic research and education in 

the sciences. Working at the leading edge of the U.S. science and 

engineering enterprise, NSF provides nearly half of the federal investment in non-medical research at academic institutions and supports science and mathematics education at all levels. NSF investments in research and education have returned exceptional dividends to the American people. At the same time, new opportunities 

exist to make progress in meeting pressing national needs in energy, health, security and the environment, as well as to resolve 

longstanding dilemmas of global scope. Continued excellence in 

fundamental research and education is important to sustain innovation and sharpen the Nation’s competitive edge. 

For fiscal year 2009, the Committee recommendation provides a total of $6,854,100,000 for the National Science Foundation, the 

same level as the budget request and $789,100,000 over the fiscal 

year 2008 enacted level. This recommendation represents an increase of 13 percent over last year and further represents the Congress’ commitment to robust investments in science and technology. 

Public awareness of NSF-sponsored research.—The Committee 

encourages the NSF to maximize the communication and open exchange of data and results that flow from research that is funded 

by NSF appropriations, consistent with existing Federal law. Specifically, the Committee expects the NSF to partner with grantees 

to expand the visibility to the public of NSF-sponsored research, especially through the Internet. NSF is the principal Federal agency 

charged with promoting science and engineering education, and increasing the public awareness of NSF’s high-risk, high-reward research activities will contribute to the development of the future 

science and technology workforce. 

The Committee’s recommendation for the National Science Foundation by account follows. 

RESEARCH AND RELATED ACTIVITIES

Fiscal Year 2008 enacted ................................................................... $4,821,474,000 

Fiscal Year 2009 request ................................................................... 5,593,990,000 

Recommended in the bill ................................................................... 5,544,140,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +722,666,000 

Fiscal Year 2009 request ............................................................ ¥49,850,000 

The Research and Related Activities appropriation enables the 

United States to provide leadership and promote progress across 

the expanding frontiers of scientific and engineering research and 

education. This appropriation provides resources for NSF’s major 

research activities, which include biological sciences; computer and 

information science and engineering; engineering; geosciences; 

mathematical and physical sciences; social, behavioral, and economic sciences; Office of International Science and Engineering; 


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U.S. polar research programs; U.S. Antarctic logistical support activities; integrative activities, including the Experimental Program 

to Stimulate Competitive Research (EPSCoR); Office of 

Cyberinfrastructure; and the U.S. Arctic Research Commission. 

The Committee recommends $5,544,140,000 for research and related activities, an increase of $722,666,000 over the fiscal year 

2008 enacted level and $49,850,000 below the budget request. The 

Committee notes that the reduction from the budget request for research and related activities has been reallocated to education and 

human resources and highlights the importance the Committee 

places on investments in science and mathematics education as a 

complement to scientific and engineering research. 

Investments in all science disciplines.—The budget proposes an 

8.5 percent increase for the social, behavioral and economic 

sciences directorate compared to increases of 20 percent for the 

mathematical and physical sciences, engineering and computer 

sciences directorates. While the American Competitiveness Initiative—this Administration’s agenda—identifies measurable increases for these particular sciences, the America COMPETES 

Act—a statute in law—includes language that the Director shall 

give priority in the allocation of Foundation resources to research 

activities that can be expected to make contributions in physical or 

natural science, technology, engineering, social sciences, or mathematics, or that enhance competitiveness, innovation, safety, and security in the United States. The Committee notes that Rising 

Above the Gathering Storm states that it should not be a ‘‘disinvestment in such important fields as the life and social sciences.’’ The 

research portfolio for the social and behavioral sciences is as varied 

as the physical and natural sciences, focusing on such areas as climate change, risk assessment, economic and political laboratories, 

virtual centers and learning language. Further, if part of keeping 

America competitive in the 21st century involves, as Thomas Friedman points out in The World is Flat, the innumerable individual 

and societal choices that are made with regard to where people 

study, work and live, their economic decisions, their educational 

progress, and the influences of culture, the key to American competitiveness is understanding individual and societal behavior. Accordingly, the Committee believes that the proposed increases 

across the science directorates are inconsistent with prior direction 

of Congress and others’ findings, and therefore, directs the Foundation to provide a more balanced allocation of its resources across 

the science directorates in its fiscal year 2009 program. 

In addition, the NSF is encouraged to invest in cost-effective and 

innovative solutions, such as grid computing, to address the Nation’s cyber infrastructure needs. 

Icebreaking.—In fiscal year 2006, the Committee on Appropriations approved an Administration request for the then-primary 

user of the icebreakers, the NSF, to fund the costs of operating and 

maintaining three Coast Guard polar icebreakers (Healy, Polar Sea 

and the Polar Star) and to decide how these aging vessels are used. 

The Committee questions whether this arrangement should continue today as the national interest in the polar regions extends 

well beyond science. Accordingly, the Committee directs the NSF 

and the Coast Guard to renegotiate the existing arrangement so 

that operating and maintenance funding is contained within the 


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Coast Guard’s fiscal year 2010 budget request, consistent with a 

new joint plan for Coast Guard support of NSF and other scientific 

research, which is also to be included in the fiscal year 2010 budget 

request. NSF shall retain funding for contracting out scientific support services that Coast Guard cannot perform or cannot provide 

on a cost-competitive basis. 

For fiscal year 2009, the Committee recommends a total of not to exceed $540,000,000 for polar research and operations support, 

of which $54,000,000 shall be for icebreaking services and 

$9,000,000 for other icebreaking costs, as requested. The bill does 

not include funds to continue in caretaker status the Polar Star, 

as costs for this activity are assumed within the funds provided to 

the Coast Guard. 

Experimental Program to Stimulate Competitive Research 

(EPSCoR).— EPSCoR’s mission is to assist the Foundation in its 

statutory function to strengthen research and education throughout 

the United States and to avoid undue concentration of such research and education. The first EPSCoR program was initiated by 

the National Science Foundation in 1979, with planning grants to 

seven states. Today, EPSCoR and EPSCoR-like programs are found 

in six additional Federal agencies: the National Institutes of 

Health, the National Aeronautics and Space Administration, the 

Environmental Protection Agency and the departments of Defense, 

Energy and Agriculture. Today, the 27 EPSCoR jurisdictions that 

participate in the Federal-wide program account for 20 percent of 

the U.S. population, 25 percent of the research/doctoral institutions, and 18 percent of the employed scientists and engineers; and 

yet, they are not full partners in the science and technology enterprise. 

Within the funds provided for Research and Related Activities, $133,000,000 is provided for EPSCoR in fiscal year 2009, as authorized by law, an increase of $19,500,000 above the budget estimate. 

These funds shall be available to increase co-funding by $5,000,000 

and to increase research infrastructure improvement (RII) awards 

by $14,000,000. The NSF is directed to (1) supplement RII awards 

for cyber infrastructure investment; (2) beginning in fiscal year 

2009, phase in increases in RII awards to 5 year/$5,000,000 per 

year awards, by making new awards of $4,000,000 in fiscal year 

2009 and to supplement awards made in fiscal year 2008 for cyber 

infrastructure investments, actions recommended by the 2006 

EPSCoR 2020 Workshop Report; and (3) report to the Committees 

on Appropriations of the House and Senate not later than January 

1, 2009, on its plans and efforts undertaken to comply with the 

aforementioned directives. The Committee further directs that not 

less than $660,000,000 shall be available for NSF investments/activities in the EPSCoR jurisdictions in fiscal year 2009 and that annual increases in NSF investments in EPSCoR jurisdictions shall 

be proportional to the annual growth in the overall research and 

related activities appropriation. 

NSF-wide investments.—The Committee is supportive of many of 

the NSF-wide investments identified in the request, including 

cyber-enabled discovery and innovation, dynamics of water processing, science and engineering beyond Moore’s law, plant genome 

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mittee, however, does not provide resources for adaptive systems 

technology. 

MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION

Fiscal Year 2008 enacted ................................................................... $220,740,000 

Fiscal Year 2009 request ................................................................... 147,510,000 

Recommended in the bill ................................................................... 147,510,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ ¥73,230,000 

Fiscal Year 2009 request ............................................................ ............................

The Major Research Equipment and Facilities Construction 

(MREFC) appropriation provides funding for the construction and 

acquisition of major research facilities that provide unique capabilities at the cutting edge of science and engineering. Operations and 

maintenance costs of the facilities are provided through appropriations made to Research and Related Activities (R&RA). For fiscal 

year 2009, the Committee recommendation includes $147,510,000, 

a decrease of $73,230,000 from the fiscal year 2008 enacted level 

and the same level as the budget request. 

The appropriation includes funding for the following major 

projects: 

AdvLigo ................................................................................................... $51,430,000 

Atacama Large Millimeter Array (ALMA) .......................................... 82,250,000 

IceCube Neutrino Observatory ............................................................. 11,330,000 

Several projects for which appropriations have been provided in 

previous years are currently undergoing final design and cost baseline reviews. Pending these reviews, the Committee does not recommend funding in this Act. This recommendation is made without 

prejudice to any project. However, to continue these projects in fiscal year 2009, pending final determination of their cost reviews, 

funding is provided within the R&RA account for concept and development in the following amounts, by project: 

National Ecological Observatory Network (NEON) ............................ $26,040,000 

Ocean Observatories Initiative (OOI) .................................................. 10,500,000 

In addition, funding for design work for the advanced technology 

solar telescope is assumed within the amounts provided for R&RA, 

as discussed below. 

Cost overruns and management improvements in determining 

project costs.—The Committee is supportive of NSF’s efforts in improving its costs analysis on its major projects. Over the recent 

years, many major construction projects have experienced schedule 

delays and increased costs. As a result, those overruns have forced 

NSF to borrow against other accounts, and have contributed to 

scope changes that weaken a project’s scientific capabilities that 

were used initially to justify the investment. In addition, NSF is 

implementing a ‘‘no cost overrun’’ policy, which will require that 

cost estimates developed at the preliminary design stage have adequate contingency to cover all foreseeable risks, and that any cost 

increases not covered by contingency be accommodated by reductions in scope. These changes will bring NSF’s practices more in 

line to those in place at other federal agencies, such as the Department of Energy and the National Aeronautics and Space Administration. 

Funding design activities within MREFC.—The Committee does 

not recommend language proposed by the Administration that 


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would permit the use of funds provided within this appropriation 

for design activities. Costs associated with design of major research 

equipment and facilities are currently included within the R&RA 

account. The use of MREFC funding for design and other construction activities is a principal focus of ongoing reviews of the MREFC 

processes by NSF management and the National Science Board. 

The Committee believes that this proposal needs to be further examined by the NSF and the National Science Board, and, if advocated by these entities, considered by the appropriate authorizing 

committees of Congress. 

EDUCATION AND HUMAN RESOURCES

Fiscal Year 2008 enacted ................................................................... $725,600,000 

Fiscal Year 2009 request ................................................................... 790,410,000 

Recommended in the bill ................................................................... 840,260,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +114,660,000 

Fiscal Year 2009 request ............................................................ +49,850,000 

The Foundation’s Education and Human Resources activities 

support all levels of education and training from pre-Kindergarten 

through career development; promotes public understanding of 

science, mathematics, engineering and technology; and ensures the 

United States has world-class scientists, mathematicians and engineers. This appropriation supports a cohesive and comprehensive 

set of activities that encompass every level of education and every 

region of the country. The major components of this directorate include research and learning in formal and informal settings; undergraduate education; graduate education; and human resource development. 

The Committee recommendation provides $840,260,000 for education and human resources, an increase of $114,660,000 over the 

fiscal year 2008 enacted level and $49,850,000 over the budget request. Adjustments to the budget request are as follows: 

Graduate research fellowships .......................................................... ¥$9,700,000 

Robert Noyce Scholarship Program .................................................. +38,400,000 

Undergraduate/graduate student support programs ....................... +650,000 

Graduate teaching fellowships in K–12 ............................................ +500,000 

Math and science partnership ........................................................... +10,000,000 

Climate change education program .................................................. +10,000,000 

Graduate research fellowships.—The Committee recommendation 

provides $107,000,000, an increase of $18,900,000 over the fiscal 

year 2008 level and $9,700,000 below the budget request. While the 

Committee is supportive of the graduate research fellowships program, the budget request is in excess of the authorized level by 

$9,500,000. The Committee recommends that the funds requested 

in excess of the authorization be provided for other worthy programs in the education and human resources portfolio. 

Robert Noyce Scholarships.—The National Academies’ Rising 

Above the Gathering Storm discussed the importance of expanding 

programs to enhance the undergraduate education of the future 

science and engineering workforce. The Robert Noyce Scholarship 

program encourages talented science, technology, engineering and 

mathematics (STEM) undergraduate students and postgraduate 

professionals to become K–12 mathematics and science teachers. 

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tion provides an increase of $38,400,000 over the budget request for 

a total program level of $50,000,000 in fiscal year 2009. 

Undergraduate/graduate student support programs.—A total of 

$87,500,000 is recommended for undergraduate/graduate student 

support programs for fiscal year 2009, an increase of $650,000 over 

the budget request and $4,150,000 over the fiscal year 2008 level. 

Funding of $42,500,000 is provided for the Louis Stokes Alliances 

for Minority Participation (LSAMP); $31,500,000 is provided for the 

Historically Black Colleges and Universities Undergraduate Program (HBCU–UP) and $13,500,000 is provided for the Tribal Colleges and Universities Program (TCUP). 

Graduate teaching fellowships in K–12.—The Committee recommends a total of $49,500,000 for Graduate teaching fellowships 

in K–12 for fiscal year 2009, an increase of $2,500,000 over the current level and $500,000 over the budget request. This program provides for the most promising science, mathematics and engineering 

students in the U.S. for a broad range of disciplinary and cross-disciplinary careers. 

Math and science partnership (MSP) program.—The math and 

science partnership program was established in 2002 to integrate 

the work of higher education and K–12 education to strengthen 

and reform mathematics and science education. Recent assessment 

data on MSP projects indicate that the program has been effective 

in increasing student performance at the elementary, middle and 

high school levels. For MSP, a total of $61,000,000 is recommended 

for fiscal year 2009, an increase of $12,500,000 over the fiscal year 

2008 level and $10,000,000 over the budget request. 

Climate change education program.—The National Academies’ 

Earth Science and Applications from Space: National Imperatives 

for the Next Decade and Beyond noted that the training of future 

scientists needed to interpret observations and apply data and 

measurements into knowledge and information is critical. Consistent with the Academies’ findings, the Committee provides 

$10,000,000 for education and training in the use of Earth observations and information derived from those observations. The Foundation is directed to work with the National Academies in the development of a plan for the distribution and effective use of these 

funds. 

AGENCY OPERATIONS AND AWARD MANAGEMENT

Fiscal Year 2008 enacted ................................................................... $281,790,000 

Fiscal Year 2009 request ................................................................... 305,060,000 

Recommended in the bill ................................................................... 305,060,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +23,270,000 

Fiscal Year 2009 request ............................................................ ............................

The Agency Operations and Award Management appropriation 

includes funding for staff salaries, benefits, staff travel, training, 

rent, information technology, administrative contractual services, 

supplies, equipment and other operating expenses necessary for 

management of NSF’s research and education activities. This appropriation supports full-time equivalents, provides for current administrative services and enhances the agency’s investment in information technology to increase productivity. For fiscal year 2009, 

the Committee recommendation provides $305,060,000, the same 


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level as the budget estimate and $23,270,000 over the fiscal year 

2008 enacted level. 

Cost sharing policies.—In a February 2008 report of the National 

Science Board, the Board recommended that the National Science 

Foundation should reinstate mandatory cost sharing for the engineering research centers program, the experimental program to 

stimulate competitive research (EPSCoR) and the industry/university cooperative research centers program, noting that cost sharing 

is foundational to strategic programmatic goals. The Committee expects the NSF to notify the House and Senate Committees on Appropriations 90 days prior to changing its existing cost sharing 

policies, and to include in any new policy directive measures to 

mitigate effects on grantees, particularly on minority serving institutions. 

OFFICE OF THE NATIONAL SCIENCE BOARD

Fiscal Year 2008 enacted ................................................................... $3,969,000 

Fiscal Year 2009 request ................................................................... 4,030,000 

Recommended in the bill ................................................................... 4,030,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +61,000 

Fiscal Year 2009 request ............................................................ ............................

The Office of the National Science Board, established in 1950, establishes policies and assesses the quality, relevance and performance of the National Science Foundation’s awards and capital investments. In addition, the Board provides advice to the executive 

branch and Congress on matters of science and engineering policy. 

For fiscal year 2009, the recommendation provides $4,030,000, the 

same as the budget request and $61,000 above the fiscal year 2008 

enacted level. 

OFFICE OF INSPECTOR GENERAL

Fiscal Year 2008 enacted ................................................................... $11,427,000 

Fiscal Year 2009 request ................................................................... 13,100,000 

Recommended in the bill ................................................................... 13,100,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +1,673,000 

Fiscal Year 2009 request ............................................................ ............................

The Office of the Inspector General was established to promote 

economy, efficiency and effectiveness in administering the Foundation’s programs; to detect and prevent waste, fraud or abuse within 

the Foundation or by individuals that request or receive National 

Science Foundation funding; and to identify and resolve cases of 

misconduct in science. For fiscal year 2009, the Committee recommends $13,100,000, the same as the budget estimate and an increase of $1,673,000 over the fiscal year 2008 level. The Committee 

recommends $13,100,000, the same level as the budget request and 

$1,673,000 over the fiscal year 2008 enacted level. The funds provided are available for one year. 


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TITLE IV—RELATED AGENCIES 

COMMISSION ON CIVIL RIGHTS

SALARIES AND EXPENSES

Fiscal Year 2008 enacted ................................................................... $8,460,000 

Fiscal Year 2009 request ................................................................... 8,800,000 

Recommended in the bill ................................................................... 8,800,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +340,000 

Fiscal Year 2009 request ............................................................ ............................

The Commission on Civil Rights was established by the Civil 

Rights Act of 1957 and is directed by eight part-time Commissioners. The Commission was created to protect the civil rights of 

people within the United States and was intended to be an independent, bipartisan, fact-finding agency. The Commission investigates charges of citizens being deprived of voting and other civil 

rights and collects, studies, and disseminates information on the 

impact of Federal laws and policies on civil rights. 

The Committee recommends $8,800,000 for the salaries and expenses of the Commission on Civil Rights, which is $340,000 above 

the fiscal year 2008 enacted level and equal to the request. The 

Committee continues to have deep reservations about the Commission’s current capacity and commitment to fulfilling its civil rights 

mission in a fair and effective manner. Within 60 days of enactment of this Act, the Commission is directed to report to the House 

and Senate Committees on Appropriations on the fiscal year 2009 

budget and activities of the regional offices and the State Advisory 

Committees, as well as on the procedures to ensure transparency 

and the participation of all Commissioners in the preparation and 

review of all reports and briefing papers. 

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

SALARIES AND EXPENSES

Fiscal Year 2008 enacted ................................................................... $329,300,000 

Fiscal Year 2009 request ................................................................... 341,925,000 

Recommended in the bill ................................................................... 350,425,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +21,125,000 

Fiscal Year 2009 request ............................................................ +8,500,000 

The Equal Employment Opportunity Commission (EEOC) has jurisdiction over employment discrimination issues within the Federal government and also for private employers, State and local 

agencies, employment services and labor organizations. The EEOC 

receives, reviews, investigates and processes charges of employment discrimination and files discrimination suits. The EEOC also 

provides guidance and information to both employers and employees concerning their rights and responsibilities under applicable 

laws. For fiscal year 2009, the Committee recommends 

$350,425,000, which is $8,500,000 over the budget request. 

Backlog reduction.—The Committee remains very concerned 

about the rising charge backlog at the EEOC. The backlog at the 

end of fiscal year 2007 was 54,970 charges, a 37 percent increase 

over the backlog at the end of the previous fiscal year. The EEOC 

estimates that the charge backlog will be 66,976 at the end of fiscal 


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year 2008 and 75,000 at the end of fiscal year 2009. With the workload increasing drastically, staff levels, particularly among front 

line staff such as investigators and attorneys, have been inadequate to reduce or contain the backlog. Consequently, the Committee recommends an increase of $9,545,000 to begin addressing 

this problem and directs the EEOC to report to the House and Senate Committees on Appropriations within 60 days of the enactment 

of this Act with a comprehensive plan for backlog reduction. The 

plan should address future resource requirements and hiring 

needs, including new staff to fill EEOC’s 231 existing ‘‘unfunded’’ 

full-time equivalent positions and any additional hires needed to 

counterbalance the coming wave of employee retirements, as necessary. 

Accuracy of workload projections.—The Committee questions the 

accuracy of the EEOC’s future workload projections because the assumptions underlying those projections appear overly optimistic. 

The EEOC is using assumptions on case resolutions, for example, 

that significantly exceed the rate of resolution actually achieved in 

recent years. These discrepancies become particularly apparent 

when the projections in the Inventory and Resolutions Workload 

Table are compared to midyear data that EEOC collects and distributes internally. The EEOC is urged to further refine its projections (which are a major factor in calculating the estimated charge 

backlog for a given year) by calibrating them with actual data, such 

as those available through the annual midyear review. 

National Contact Center transition.—Last fiscal year, the EEOC 

migrated its customer service operation from the contractor-based 

National Contact Center (NCC) to an in-house call intake function. 

The Committee strongly supported this migration, and the fiscal 

year 2009 recommendation reiterates this support by including 

$3,635,000 for call processing personnel and information technology 

expenses. In order to ensure that callers being handled by the new 

in-house customer response function are receiving service that is 

equal to or better than the service that was received through the 

NCC, the EEOC is directed to report to the House and Senate 

Committees on Appropriations on comparative customer satisfaction data no later than 60 days after the enactment of this Act. The 

report should also include a cost-benefit analysis of hiring higher 

credentialed employees for the call intake function, which might 

provide more substantive assistance to callers and resolve a greater 

number of calls at the first point of contact. 

State, local and tribal assistance.—The Committee recommends 

$28,000,000 for payments to State and local Fair Employment 

Practice Agencies (FEPAs) and Tribal Employment Rights Organizations (TEROs). This will provide the FEPAs and TEROs with a 

level of support that is comparable to assistance received in fiscal 

year 2008. The Committee is aware that EEOC is looking at actual 

processing costs per charge for the FEPAs and TEROs, which will 

inform future decisions about the level of reimbursement provided 

to these agencies. EEOC is directed to submit its findings on state, 

local and tribal per charge costs to the House and Senate Committees on Appropriations when that data becomes available. 

Outreach.—The Committee does not accept EEOC’s proposal to 

reduce its outreach budget by $1,500,000. EEOC should be doing 


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more, not less, to reach underserved communities and other vulnerable populations to educate them about their workplace rights. 

Restructuring.—The Committee is aware of EEOC’s continuing 

efforts to restructure various portions of its operations, including 

EEOC headquarters and parts of the federal operations office. Experiences during the field office restructuring process raised significant issues relating to EEOC’s restructuring goals and have caused 

the Committee hesitation with respect to ongoing restructuring efforts. As a result, the Committee continues a provision from last 

year requiring EEOC to notify the Congress via reprogramming 

procedures prior to implementing any repositioning, restructuring 

or reorganization within the agency. 

INTERNATIONAL TRADE COMMISSION

SALARIES AND EXPENSES

Fiscal Year 2008 enacted ................................................................... $68,400,000 

Fiscal Year 2009 request ................................................................... 73,600,000 

Recommended in the bill ................................................................... 75,100,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +6,700,000 

Fiscal Year 2009 request ............................................................ +1,500,000 

The International Trade Commission is an independent, quasi-judicial agency responsible for conducting trade-related investigations; providing the Congress and the President with independent, 

expert technical advice to assist in the development and implementation of U.S. international trade policy; responding to the Congress and the President on various matters affecting international 

trade; maintaining the Harmonized Commodity Description and 

Coding System of internationally accepted product nomenclature; 

providing technical assistance to eligible small businesses seeking 

remedies and benefits under the trade laws; and performing other 

specific statutory responsibilities ranging from research and analysis to quasi-judicial functions on trade-related matters. 

The Committee recommends $75,100,000 for the International 

Trade Commission (ITC) for fiscal year 2009, which is $6,700,000 

above fiscal year 2008 and $1,500,000 above the request. The Committee is concerned that the ITC’s increasing section 337 intellectual property investigations workload is outstripping available resources. This funding will allow ITC to hire a sixth administrative 

law judge, lease additional courtroom space, and cover necessary 

renovation costs. 

LEGAL SERVICES CORPORATION

PAYMENT TO THE LEGAL SERVICES CORPORATION

Fiscal Year 2008 enacted ................................................................... $350,490,000 

Fiscal Year 2009 request ................................................................... 311,000,000 

Recommended in the bill ................................................................... 390,000,000 

Bill compared with:.

Fiscal Year 2008 enacted ............................................................ +39,510,000 

Fiscal Year 2009 request ............................................................ +79,000,000 

The Legal Services Corporation (LSC) is a private, non-profit corporation that provides low-income individuals with access to legal 

assistance and information concerning civil legal problems. Created 

in 1974, the LSC is charged by Congress to provide assistance to 


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those who would otherwise be unable to afford adequate legal counsel. 

The Committee strongly supports the LSC’s mission ‘‘to promote 

equal access to justice in our Nation.’’ The recommendation includes $390,000,000 for the LSC, which is $39,510,000 above fiscal 

year 2008 enacted level and $79,000,000 over the request. 

The Committee commends LSC for its efforts to close the ‘‘justice 

gap’’ in America, and encourages LSC’s initiatives to help eligible 

families affected by the national mortgage crisis. Within the total provided, $366,838,000 is for grants to basic field programs and required independent audits; $3,162,000 is for 

the Office of Inspector General; $16,000,000 is for management and 

administration; $3,000,000 is for client self-help and information 

technology; and $1,000,000 is for loan repayment assistance. 

Current LSC locality pay represents reasonable compensation for 

LSC officers and employees, and a provision is included to authorize the continuation of locality pay. 

ADMINISTRATIVE PROVISION—LEGAL SERVICES CORPORATION

The Committee recommendation includes bill language to continue similar statutory requirements and restrictions contained in 

previous appropriations Acts. 

MARINE MAMMAL COMMISSION

SALARIES AND EXPENSES

Fiscal Year 2008 enacted ................................................................... $2,820,000 

Fiscal Year 2009 request ................................................................... 2,400,000 

Recommended in the bill ................................................................... 3,200,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +380,000 

Fiscal Year 2009 request ............................................................ +800,000 

The Marine Mammal Commission and its Committee of Scientific 

Advisors on Marine Mammals are charged with overseeing and advising on domestic and international actions to further the policies 

and provisions of the Marine Mammal Protection Act. The Commission provides objective, science-based advice to the Congress and 

the Executive Branch on issues related to the protection of marine 

mammals. 

The number of issues affecting marine mammal conservation has 

grown over the past three decades and the Committee recognizes 

these increasing responsibilities of the Commission. As such, the 

Committee recommendation includes $3,200,000 for the necessary 

expenses, including the hiring of two additional FTEs, for the Marine Mammal Commission. This amount is $380,000 above the current year level and $800,000 above the request. The Committee has 

provided this increase to allow the Commission to address various 

challenges including the effects of and adaptation to climate change 

and the study of endangered species. The additional FTEs would 

be responsible for monitoring oil and gas issues such as the expansion of exploration and clean-up of oil spills on ice as well as 

emerging fishery issues. 

The Committee understands that marine mammals in polar regions are particularly vulnerable to the effects of climate change 

due to the expected reduction in sea ice and subsequent changes 


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in ecosystem biodiversity and structure. Many of these animals are 

poorly studied and already may be experiencing serious effects 

from climate change. The Commission has initiated a project to develop monitoring strategies for Arctic marine mammals and the 

Committee supports efforts to complete this work and then to shift 

focus to development of mitigation efforts. 

The Committee expects the Commission to continue its efforts to 

minimize the direct and indirect effects of fisheries, noise, disease, 

chemical contaminants, harmful algal blooms, climate change, 

habitat alteration, boating and commercial shipping, marine debris, 

and other factors that may pose a risk of sublethal and lethal effects on marine mammals or that may affect the health and stability of the marine ecosystem. 

NATIONAL VETERANS BUSINESS DEVELOPMENT CORPORATION

SALARIES AND EXPENSES

Fiscal Year 2008 enacted ................................................................... $1,410,000 

Fiscal Year 2009 request ................................................................... ............................

Recommended in the bill ................................................................... 3,200,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +1,790,000 

Fiscal Year 2009 request ............................................................ +3,200,000 

The National Veterans Business Development Corporation (TVC) 

was established by Public Law 106–50 to foster entrepreneurship 

and business opportunities for veterans, including access to capital, 

surety bonding, training, mentoring and markets. The TVC provides members of the Guard and Reserves and their families with 

pre/post-deployment assistance to preserve family-owned businesses. Since its original authorization, TVC has adapted its programs and services to an environment that not only includes veterans from prior conflicts, but an increasing number of young, 

many disabled, technologically savvy veterans of Operations Enduring Freedom and Iraqi Freedom. 

The Committee recommendation includes $3,200,000 in total resources for the programs of the TVC for fiscal year 2009, which is 

$1,790,000 above fiscal year 2008. The President’s budget did not 

include funding for the TVC. 

The Committee, however, is concerned that the management and 

administrative funds retained by the Washington, DC office are excessive, which has the effect of limiting resources allocated to Veterans Business Resource Centers (VBRC) in the nation. Tfore, the 

Committee directs that not less than $250,000 be allocated to the 

existing three VBRCs. 

The Committee directs the TVC to submit a spending plan to the 

House and Senate Committees outlining the allocation of funding 

provided in this bill. The plan shall describe the level of funding 

proposed for overhead costs, salary and benefits, as well as its regional operations of its community-based organizations (CBOs). 

The Committee directs the TVC to report to the Committees no 

later than 30 days after the enactment of this Act, and on a quarterly basis thereafter. 


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

SALARIES AND EXPENSES

Fiscal Year 2008 enacted ................................................................... $44,120,000 

Fiscal Year 2009 request ................................................................... 46,272,000 

Recommended in the bill ................................................................... 48,272,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +4,152,000 

Fiscal Year 2009 request ............................................................ +2,000,000 

The Office of the U.S. Trade Representative (USTR) seeks to contribute to U.S. economic growth, competitiveness and prosperity by 

opening markets and reducing trade and investment barriers 

around the world to create new commercial opportunities for U.S. 

goods and services industries, workers, ranchers and farmers. The 

Committee recommendation includes $48,272,000 for the Office of 

the United States Trade Representative (USTR) for fiscal year 

2009, which is $4,152,000 above fiscal year 2008 and $2,000,000 

above the request. 

The additional funding above the request will provide for USTR’s 

pay and inflation-related increases, and support the maintenance of 

current staffing levels in fiscal year 2009. 

The U.S. Trade Representative is a member of the President’s 

Cabinet and serves as the President’s principal trade advisor, negotiator, and spokesperson on trade issues. USTR is part of the Executive Office of the President. Through an interagency structure, 

USTR coordinates trade policy, resolves disagreements, and frames 

issues for presidential decision. The USTR is also the Vice-Chairman of the Overseas Private Investment Corporation, a member of 

the Board of the Millennium Challenge Corporation, an ex officio 

member of the Export-Import Bank Board of Directors, and a member of the National Advisory Council on International Monetary 

and Financial Policies. 

Intellectual Property Rights (IPR).—The Committee is aware of 

significant intellectual property issues that infringe on our trading 

relationships with China, Russia and Canada. The Committee encourages USTR to continue to prioritize such issues in bilateral and 

multilateral trade negotiations. 

International Standards.—The Committee directs the USTR to 

ensure that U.S. business interests are fully represented in international standards negotiations. The Committee directs the USTR 

to collaborate with the Department of Commerce, including the National Institute of Standards and Technology, and the State Department to reduce trade barriers to U.S. exports. The Committee 

continues its direction to the USTR to ensure U.S. standards are 

adopted in international negotiations. 

Textiles.—The Committee is aware of concerns about the World 

Trade Organization negotiations concerning textiles and apparel. 

Specifically, the Committee is concerned that the current part of 

tariff reduction negotiations under the Doha Round will result in 

a non-reciprocal arrangement detrimental to United States manufacturers. The Committee believes such negotiations should be consistent with the trade negotiating objectives of the United States 

contained in section 2012 of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3802) and directs USTR to report to 

the Committee within 60 days of enactment of this Act regarding 


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adherence to these objectives. Bill language is included regarding 

this matter. 

Reporting Requirements.—It has been brought to the Committee’s attention that the USTR may fare better in bringing trade 

dispute cases to the WTO by using additional support from private 

counsel. In-house expertise in long-term, complex WTO dispute 

cases is difficult to maintain in an ever-changing international 

trade climate. Outside counsel in countries such as China, Russia 

and Brazil could assist with clarification of local laws and regulations, enforcement policies and practices, and market conditions. 

USTR is directed to report back to the Committee on the desirability of such a new authority. 

STATE JUSTICE INSTITUTE

SALARIES AND EXPENSES

Fiscal Year 2008 enacted ................................................................... $3,760,000 

Fiscal Year 2009 request ................................................................... ............................

Recommended in the bill ................................................................... 4,100,000 

Bill compared with: 

Fiscal Year 2008 enacted ............................................................ +340,000 

Fiscal Year 2009 request ............................................................ +4,100,000 

The State Justice Institute (SJI) is a non-governmental organization that awards grants to improve the administration of justice in 

State courts, as authorized in Public Law 108–372. 

The Committee provides $4,100,000 for SJI, which is $340,000 

over the fiscal year 2008 enacted level. Of the amount appropriated, $500,000 may be used for strategic initiatives that will 

have national implications for the courts. The Administration proposed to eliminate SJI. 

The Committee encourages SJI to continue to work with the Department of Justice Office of Justice Programs (OJP) on issues involving State courts. The Committee commends SJI’s policy of obtaining dollar-for-dollar matching funds for grants awarded. The 

Committee expects this goal to remain in place during fiscal year 

2009. 

TITLE V—GENERAL PROVISIONS 

The Committee recommendation includes the following general 

provisions for the departments and agencies funded in the accompanying bill. 

Section 501 prohibits the use of funds for publicity or propaganda 

purposes unless expressly authorized by law. 

Section 502 prohibits any appropriation contained in this Act 

from remaining available for obligation beyond the current fiscal 

year unless explicitly authorized. 

Section 503 provides that the expenditure of any appropriation 

contained in the Act for any consulting service through procurement contracts shall be limited to those contracts w such expenditures are a matter of public record and available for public inspection, except w otherwise provided under existing law or under existing Executive Order issued pursuant to existing law. 

Section 504 provides that if any provision of the Act or the application of such provision to any person or circumstance shall be held 

invalid, the remainder of the Act and the application of such proviVerDate Aug 31 2005 07:11 Dec 11, 2008 Jkt 045732 PO 00000 Frm 00152 Fmt 6659 Sfmt 6602 E:\HR\OC\HR919.XXX HR919

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sions to persons or circumstances other than those to which it is 

held invalid shall not be affected. 

Section 505 provides for the Committee’s policy concerning the 

reprogramming of funds. Section 505(a) prohibits the reprogramming of funds which: (1) creates or initiates a new program, project 

or activity; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity 

for which funds have been denied or restricted; (4) relocates offices 

or employees; (5) reorganizes or renames offices, programs, or activities; or (6) contracts out or privatizes any function or activity 

presently performed by Federal employees; (7) proposes to use 

funds for purposes other than those specified by the House or Senate Committee on Appropriations; (8) augments by 10% or 

$500,000 existing programs, projects, or activities, or reduces by 10 

percent funding for any existing program, project, or activity, or 

numbers of personnel by 10 percent as approved by Congress; or 

(9) results from any general savings, including savings from a reduction in personnel, which would result in a change in existing 

programs, activities, or projects as approved by Congress unless the 

Appropriations Committees of both Houses of Congress are notified 

15 days in advance. Section 505(b) prohibits the reprogramming of 

funds after August 30, except in extraordinary circumstances and 

with appropriate notification. The Committee has again included 

carryover funds under the requirements of section 505 to clarify 

that agencies must follow reprogramming procedures with respect 

to carryover funds. 

Section 506 prohibits funds from being used to implement, administer, or enforce any guidelines of the Equal Employment Opportunity Commission covering harassment based on religion similar to proposed guidelines published by the EEOC in October 1993. 

Section 507 provides that if it is determined that any person intentionally affixes a ‘‘Made in America’’ label to any product that 

was not made in America that person shall not be eligible to receive any contract or subcontract with funds made available in this 

Act. 

Section 508, proposed for deletion in the budget request, requires 

quarterly reporting to Congress of unobligated balances that were 

received during any previous fiscal year. 

Section 509 provides that any closing or downsizing costs incurred by a department or agency funded under this Act resulting 

from funding reductions in the Act shall be absorbed within the 

budgetary resources available to the Department or agency, and 

provides transfer authority between appropriation accounts to 

carry out the provision, subject to reprogramming procedures. 

Section 510 prohibits funds made available in this Act from being 

used to promote the sale or export of tobacco or tobacco products 

or to seek the reduction or removal of foreign restrictions on the 

marketing of tobacco products, provided that such restrictions are 

applied equally to all tobacco products or tobacco products of the 

same type. This provision is not intended to impact routine international trade services provided to all U.S. citizens, including the 

processing of applications to establish foreign trade zones. 

Section 511 prohibits funds made available in this Act from being 

used to implement a Federal user fee for background checks conducted pursuant to the Brady Handgun Control Act of 1993, or to 


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implement a background check system that does not require and 

result in the destruction of certain information within 24 hours. 

Section 512 delays the obligations of any receipts deposited into 

the Crime Victims Fund in excess of $650,000,000 until October 1, 

2009. This language is continued to ensure a stable source of funds 

will remain available for the program, despite inconsistent levels of 

criminal fines deposited annually into the fund. Requested language rescinding the remaining balances in the Crime Victims 

Fund is not included. 

Section 513 prohibits the use of Department of Justice funds for 

programs that discriminate against or denigrate the religious beliefs of students participating in such programs. 

Section 514 prohibits the transfer of funds in the Act to any department or agency of the United States Government, except for 

transfers made under authorities provided in this, or any other appropriations Act. 

Section 515 provides that funds provided for E-Government Initiatives shall be subject to the procedures set forth in section 505 

of this Act. 

Section 516 requires the Bureau of Alcohol, Tobacco, Firearms 

and Explosives to include specific language in any release of tracing study data that makes clear that trace data cannot be used to 

draw broad conclusions about firearms-related crime. 

Section 517 requires certain timetables of audits performed by 

Inspectors General of the departments and agencies funded in this 

Act. 

Section 518 prohibits the use of funds to process patents of 

human organisms. The Committee concurs with the intent of this 

provision as expressed in the colloquy between the provision’s sponsor in the House and the Ranking Minority Member of the House 

Committee on Appropriations as occurred on July 22, 2003, with 

respect to any existing patents on stem cells. 

Section 519 prohibits the use of funds in this Act to be used to 

support or justify torture by any official or contract employee of the 

United States Government. 

Section 520 prohibits the use of funds in this Act to require certain export licenses. 

Section 521 prohibits the use of funds in this Act to deny certain 

import applications regarding ‘‘curios or relics’’ firearms, parts, or 

ammunition. 

Section 522 prohibits the use of funds to include certain language 

in trade agreements. 

Section 523 prohibits the use of funds in this Act to authorize or 

issue a National Security Letter (NSL) in contravention of certain 

laws authorizing the Federal Bureau of Investigation to issue 

NSLs. 

Section 524 prohibits the use of funding in this Act prohibiting 

to implement a revision to OMB A–76 circular made on May 29, 

2003. 

Section 525 requires the congressional notification of any project 

within the Departments of Commerce or Justice, or the National 

Science Foundation and the National Aeronautics and Space Administration totaling more than $75,000,000 that has cost increases 

of at least 10 percent. 


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Section 526 deems funds for intelligence or intelligence-related 

activities as authorized by the Congress until the enactment of the 

Intelligence Authorization Act for Fiscal Year 2009. 

Section 527 prohibits contracts or grant awards in excess of $5,000,000 to any specific contractor or grantee that has not certified that he has filed all Federal tax returns, has not been convicted of a criminal offense under the IRS Code of 1986, and has 

no unpaid Federal tax assessment. 

Section 528 provides for rescissions of unobligated balances in 

the certain department and agencies funded in the Act. 

HOUSE OF REPRESENTATIVES REPORTING REQUIREMENTS

The following materials are submitted in accordance with various 

requirements of the Rules of the House of Representatives: 

CHANGES IN THE APPLICATION OF EXISTING LAW

Pursuant to clause 3(f)(1) of rule XIII of Rules of the House of 

Representatives, the following statements are submitted describing 

the effect of provisions in the accompanying bill which directly or 

indirectly change the application of existing law. 

Title I—Department of Commerce 

International Trade Administration: 

• Includes language providing funds for engaging in trade promotion activities abroad, including in expenses of grants and cooperative agreements for the purposes of promoting exports of U.S. 

firms. • Includes language that provides full medical coverage for dependent members of immediate families of employees stationed 

overseas and employees temporarily posted overseas; travel and 

transportation of employees of the United States and Foreign Commercial Service; employment of Americans and aliens by contract 

for services; rental of space abroad and expenses of alteration, repair, or improvement; purchase or construction of temporary demountable exhibition structures for use abroad; and payment of 

tort claims. 

• Includes language regarding official representation expenses 

abroad and the purchase of passenger motor vehicles for official use 

abroad. 

• Provides legislative set-asides for Manufacturing and Services; 

Market Access and Compliance; Import Administration, to include 

funds for Office of China Compliance; U.S. Foreign Commercial 

Service; and Executive Direction and Administration. 

• Includes language regarding the contribution to the Mutual 

Educational and Culture Exchange Act of 1961 to include payment 

for assessment. 

• Includes language that exempts ITA from Circular A–25. 

• Includes language that relates to World Trade Organization 

negotiations and antidumping and countervailing duties. 

• Includes language regarding the World Trade Organization 

and negotiating objectives. 

• Includes language that stipulates that funds provided for specific items shall be available in the amounts specified in the report 

accompanying this Act. 


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Bureau of Industry and Security: Operations and Administration: 

• Includes language regarding export administration and national security activities of the Department of Commerce. • Includes language providing for the costs associated with the 

performance of export administration field activities both domestically and abroad; full medical coverage for dependent members of 

immediate families of employees stationed overseas; employment of 

Americans and aliens by contract for services abroad; payment of 

tort claims; official representation expenses abroad; awards of compensation to informers; purchase of passenger motor vehicles for official use and motor vehicles for law enforcement use; and inspections and other activities related to national security. • Includes language regarding the Mutual Educational and Cultural Exchange Act of 1961 and the retention of payments and contributions. 

Economic Development Administration: Salaries and Expenses 

• Includes language regarding the monitoring of approved 

projects. 

Minority Business Development Agency: 

• Includes language making funds available for developing minority business enterprise, including expenses of grants, contracts 

and other agreements. • Includes language that stipulates that funds provided for specific items shall be available in the amounts specified in the report 

accompanying this Act. 

Bureau of the Census Periodic Census and Programs: 

• Includes language regarding collecting data on race. • Includes language relating to the use of funds for promotion, 

outreach and marketing activities. • Includes language prohibiting the use of funds to conduct a 

sweepstakes. 

National Telecommunications and Information Administration: 

• Includes language permitting the Secretary of Commerce to 

charge federal agencies for costs in spectrum management, analysis, operations, and related services; and to use such collections in 

telecommunications research. 

Public Telecommunications Facilities, Planning and Construction: 

• Includes language providing funds available for program administration and makes unobligated balances available for grants. 

United States Patent and Trademark Office: 

• Includes language providing that appropriated funds be reduced as offsetting collections are assessed and collected. 

• Includes language providing for the transfer of funds for activities associated with the National Intellectual Property Law Enforcement Coordination Council. 

• Includes language regarding basic pay and certain retirement 

benefits; limiting official reception and representation expenses; 

and providing that sections 801, 802, and 803 of division B, of P.L. 

0108–447 shall remain in effect during fiscal year 2009. 

• Includes authority to permit the establishment of fees related 

to the electronic filing of documents. 

• Provides authority to enter into cooperative agreements to conduct policy studies related to fair international protection of intellectual property rights. 


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National Institute of Standards and Technology Scientific and 

Technical Research and Services: • Includes language limiting funds for official reception and representation expenses. 

Industrial Technology Service: 

• Provides for the multi-year availability of funds provided for 

the Hollings Manufacturing Extension Partnership. • Provides for the multi-year availability of funds provided for 

Technical Innovation Program. 

Construction of Research Facilities: 

• Provides for the multi-year availability of funds provided for 

construction of research facilities. • Includes language regarding the submission of certain materials in support of construction budget requests. • Provides funding for a competitive construction grant program. 

National Oceanic and Atmospheric Administration (NOAA): 

• Provides that certain funds be derived from various sources. • Includes language specifying that deviations from amounts included in the report accompanying the Act shall be subject to section 505 of this Act. • Provides that the Administrator may engage in formal and informal education activities. • Provides a ceiling on the number of NOAA Commissioned Officer Corps. • Includes language that stipulates that funds provided for specific items shall be available in the amounts specified in the report 

accompanying this Act. 

Procurement, Acquisition and Construction: 

• Includes language regarding funds for the National Polar-orbiting Operational Environmental Satellite System with funds provided for the same purpose by the Department of Defense. • Includes language that stipulates that funds provided for specific items shall be available in the amounts specified in the report 

accompanying this Act. 

• Includes language specifying that deviations from amounts included in the report accompanying the Act shall be subject to section 505 of this Act. 

Pacific Coastal Salmon Recovery: 

• Includes language for the Secretary of Commerce to issue 

grants to specific states and sites. 

Coastal Zone Management Funds: 

• Includes language relating to offsetting collections. 

Fisheries Finance Program Account: 

• Includes limitations on individual fishing quota loans and for 

traditional direct loans and prohibits direct loans for any new fishing vessel that will increase the harvesting capacity in any U.S. 

fishery. 

Departmental Management: 

• Includes language regarding audits and evaluations by the Bureau of the Census and retains from obligation funds until the Secretary has certified that the Bureau of the Census has met all best 

practices related to contracting and information technology. 

Herbert C. Hoover Building Renovation and Modernization: 

• Includes language regarding blast windows for renovation and 

modernization. 


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General Provisions: Department of Commerce 

• Includes language making appropriations and funds available 

for advance payments only on the Secretary’s certification that 

such payments are in the public interest. 

• Includes language providing for use of appropriations for salaries and expenses for hire of passenger motor vehicles and uniforms or such allowances, as authorized. 

• Includes a provision regarding transfers between NOAA and 

the Department. 

• Includes a provision requiring the absorption of funding reductions related to personnel actions. 

• Includes a provision regarding the trademark of the phrase 

‘‘Last Best Place.’’ 

• Includes a provision expanding the personnel management 

demonstration project to more than 5,000, notwithstanding subsection (d) of section 4703 of title 5, U.S.C. 

• Includes a provision permitting the Secretary of Commerce to 

prescribe and enforce standards or regulations regarding occupational diving within NOAA. 

• Includes a provision allowing the Secretary of Commerce to 

furnish services within Department of Commerce buildings for reimbursement, which would then be credited to the appropriation or 

fund that provides such services. 

Title II—Department of Justice 

General Administration (GA): 

• Includes language authorizing the transfers of funds between 

offices in this account; limiting the amount that offices within GA 

can increase or decrease; providing for specific amounts for various 

offices; extending availability for construction funds; and requiring 

notification on funding changes. 

Tactical Law Enforcement Wireless Communications: 

• Includes language regarding the transfer of funds for purchasing portable and mobile radios, which shall be subject to section 505 of this Act. 

Detention Trustee: 

• Includes language establishing that the Trustee shall be responsible for managing the Justice Prisoner and Alien Transportation System. 

• Includes language limiting the amount of funds considered as 

‘‘funds appropriated for State and local law enforcement assistance’’. 

General Legal Activities: 

• Includes language limiting the amount of funds for official representation and reception expenses available to the United States 

National Central Bureau. 

• Includes language providing the Attorney General certain authorities when emergent circumstances require additional funding 

for litigation activities, which shall be subject to the provisions of 

section 505 of this Act. 

• Provides funds to reimburse the Office of Personnel Management for expenses associated with the federal observer program 

and provides for extended availability. 

Antitrust division: 


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• Includes language regarding the Hart-Scott-Rodino Antitrust 

Improvement Act. 

United States Attorneys: 

• Includes language limiting funds for official reception and providing for the expenses of hiring U.S. Attorneys to carry out sections of the Adam Walsh Child Protection and Safety Act. 

United States Trustee System Funds: 

• Includes language regarding refunds due depositors; provides 

for the extended availability of certain funds; and offsetting collections. 

Fees and Expenses of Witnesses: 

• Includes language regarding funds for construction of buildings 

for safesites, armored and other vehicles, and telecommunication 

equipment. 

Community Relations Service: 

• Includes language regarding the transfer of funds for conflict 

resolution and violence prevention activities within the community 

relations service, which shall be subject to the provisions of section 

505 of this Act. 

United States Marshals Services: 

• Includes language providing for official reception and representation expenses, information technology systems, and courthouse 

security. 

National Security Division: 

• Includes language providing for the transfers of funds in emergent circumstances, which shall be subject to the provisions of section 505 of this Act. 

Interagency Law Enforcement Interagency Crime and Drug Enforcement: 

• Includes language regarding certain reimbursements. 

• Includes language regarding the use of unobligated funds for 

continued operations of the organized crime drug enforcement task 

force fusion center program, which shall be subject to the provisions of section 505 of this Act. 

Federal Bureau of Investigation (FBI): 

• Includes allocations of funds for certain activities within the 

FBI. 

Drug Enforcement Administration: 

• Provides funding for necessary expenses of the DEA to include 

drug education and training programs, and provides for official reception and representation expenses. 

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF): 

• Provides funding for the necessary expenses of the ATF to include training with state and local law enforcement, including 

training of canines. 

• Includes language that prohibits expenses in connection with 

consolidating or centralizing records of acquisition and disposition 

of firearms maintained by Federal firearms licensees. 

• Includes language that prohibits expenses to implement 

amendments to 27 CFR or to change the definition of ‘‘Curios or 

relics’’ or remove items from ATF publication 5300.11. 

• Includes language that prohibits expenses to investigate or act 

upon applications for relief from Federal firearms disabilities under 

18 U.S.C. 925. 


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• Includes language regarding expenses to investigate applications filed by corporations for relief from section 925(c) of title 18 

U.S.C. 

• Includes language that prohibits expenses to transfer mission 

or activities from ATF to other agencies. 

• Includes language that prohibits expenses to disclose part or 

all of the contents of the Firearms trace center or any information 

required to be kept by licensees. 

• Includes language that prohibits expenses to implement any 

rule requiring a physical inventory of licensed businesses. 

• Includes language that prohibits expenses to retrieve certain 

information electronically. 

• Includes language that prohibits expenses to deny an application for certain licenses. 

Federal Prison System: 

• Includes language that provides for the transfer to the Health 

Resources and System Administration funds necessary for medical 

relief of inmates. 

• Includes language that provides authority to the Director to 

enter into contracts to furnish health care. 

• Includes limitation on funds for receptions and provides authority for the Federal Prison System to accept donated property 

and services. 

Building and Facilities: 

• Includes language stating labor of prisoners may be used for 

work. 

Federal Prison Industries, Incorporated: 

• Includes language authorizing Federal Prison Industries to 

make expenditures in accord with the law. 

• Includes a limitation on administrative expenses for Federal 

Prison Industries. 

State and Local Law Enforcement Activities Office on Violence 

Against Women: 

• Includes a limitation on funds to be made available for expenses related to evaluation, training, and technical assistance, 

and provides for specific appropriations for various programs within the Office on Violence Against Women. 

Office of Justice Programs: 

• Includes language providing funds for grants, contracts and 

other cooperative agreements, which may include research and development, and provides for specific appropriations for various programs within Office of Justice. 

State and Local Law Enforcement Assistance: 

• Includes language providing funds for grants, contracts and 

other cooperative agreements, and provides for specific appropriations for various programs and activities. 

Juvenile Justice Programs: 

• Includes language providing funds for grants, contracts and 

other cooperative agreements, which may include research and development, and provides for specific appropriations for various programs and activities. 

Community Oriented Policing Services: 

• Includes language providing funds for grants, contracts and 

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velopment, and provides for specific appropriations for various programs and activities. 

• Includes language regarding funds derived from deobligated 

balances shall be available in accordance with the provisions of section 505 of this Act. 

General Provisions, Department of Justice: 

• Includes a provision making available additional reception and 

representation funding for the Attorney General from the amounts 

provided in this title. 

• Includes a prohibition on the use of funds to pay for an abortion, except in the case of rape or to preserve the life of the mother. 

• Includes a prohibition on the use of funds to require any person to perform or facilitate the performance of an abortion. 

• Includes a provision establishing the obligation of the Director 

of the Bureau of Prisons to provide escort services to inmates receiving an abortion outside of a Federal facility, except where this 

obligation conflicts with the preceding section. 

• Includes a provision establishing the Committee’s requirements and procedures for transfer proposals, and deletes certification requirements for transfers from the Buildings and Facilities 

account of the Federal Prison System. 

• Includes an authorization for the Attorney General to extend 

an ongoing Personnel Management Demonstration Project. 

• Includes an extension of specified authorities to the Bureau of 

Alcohol, Tobacco, Firearms and Explosives for undercover operations. 

• Includes a prohibition on the use of funds for transporting prisoners classified as maximum or high security, other than to a facility certified by the Bureau of Prisons as appropriately secure. 

• Includes a prohibition on the use of funds for the purchase or 

rental by Federal prisons of audiovisual equipment, services and 

materials used primarily for recreational purposes, except for those 

items and services needed for inmate training, religious, or educational purposes. 

• Includes a requirement for review by the Deputy Attorney 

General and the Department Investment Review Board prior to the 

obligation or expenditure of funds for major information technology 

projects. 

• Includes a provision requiring the Department to follow reprogramming procedures prior to any deviation from the program 

amounts specified in this title or the reuse of deobligated funds 

provided in previous years. 

• Includes a prohibition on the use of funds for A–76 competitions for work performed by employees of the Bureau of Prisons or 

Federal Prison Industries, Inc. 

• Includes a prohibition on the use of funds to pay the salary, 

benefits or expenses of a U.S. Attorney performing dual duties that 

exempt that U.S. Attorney from established residency requirements. 

• Includes a prohibition on the use of funds for future phases of 

the Sentinel program until the AG certifies that work on existing 

phases has been substantially completed under a validated performance baseline. 


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• Includes a provision that requires the Department of Justice in 

making grants under any discretionary grant program to conduct 

a peer review process and to strictly adhere to the rankings made. 

Title III—Science 

National Aeronautics and Space Administration: 

Space Operations: 

• Includes language providing specific amounts for Space Shuttle 

and International Space Station operations. 

• Includes language that states that amounts provided for Space 

operations include expenses of certain utilization flights, which 

shall be considered henceforth as baseline flight, and requires the 

Administrator to certify to the Congress that each mission is necessary and can be flown safely. 

Cross-Agency Support Programs: 

• Includes language providing for specific sums for independent 

verification and validation activities. 

• Includes language that stipulates that funds provided for specific items shall be available in the amounts specified in the report 

accompanying this Act. 

Administrative Provisions: 

• Includes language providing for extended availability of funds 

for construction of facilities, environmental compliance and restoration activities, and announced prices, as authorized by law. 

• Includes language regarding transfers of funds. 

• Includes language regarding reductions in force. 

• Includes language that requires a report on the full costs associated with Space Shuttle retirement and transition activities. 

• Includes language limiting the number of non-career employees at NASA and prohibits the detail of such non-career employees 

outside of the agency. 

National Science Foundation: 

• Includes language regarding the procurement of polar 

icebreaking services, reimbursements to the Coast Guard for sums 

as agreed to according to the existing memorandum of agreement, 

and authority to credit to the appropriation receipts from support 

services and materials. 

Agency Operations and Award Management: 

• Includes language regarding contracts for maintenance and operation of facilities and the reimbursement for security guard services. 

Office of the National Science Board: 

• Includes language funds for official reception and representation. 

Title IV—Related Agencies 

Commission on Civil Rights: 

• Includes language prohibiting expenses to employ a specific 

level of full-time individuals or to reimburse Commissioners for certain billable days. 

Equal Employment Opportunity Commission: 

• Includes language limiting funds for official reception and representation. 


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• Includes language prohibiting any action to implement any 

workforce repositioning, except as in accordance with the provisions of section 505 of this Act. 

Legal Services Corporation: 

• Includes language regarding pay for officers and employees. 

Office of the United States Trade Representative: 

• Includes language limiting funds for official reception and representation and provides funding for specific activities. 

State Justice Institute: 

• Includes language limiting funds for reception and representation. 

Title V—General Provisions 

Section 501 prohibits the use of funds for publicity or propaganda 

purposes unless expressly authorized by law. 

Section 502 prohibits any appropriation contained in this Act 

from remaining available for obligation beyond the current fiscal 

year unless explicitly authorized. 

Section 503 provides that the expenditure of any appropriation 

contained in the Act for any consulting service through procurement contracts shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law or 

under existing Executive Order issued pursuant to existing law. 

Section 504 provides that if any provision of the Act or the application of such provision to any person or circumstance shall be held 

invalid, the remainder of the Act and the application of such provisions to persons or circumstances other than those to which it is 

held invalid shall not be affected. 

Section 505 provides for the Committee’s policy concerning the 

reprogramming of funds. Section 505(a) prohibits the reprogramming of funds which: (1) creates or initiates a new program, project 

or activity; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity 

for which funds have been denied or restricted; (4) relocates offices 

or employees; (5) reorganizes or renames offices; (6) reorganizes 

programs or activities; or (7) contracts out or privatizes any function or activity presently performed by Federal employees unless 

the Appropriations Committees of both Houses of Congress are notified 15 days in advance. Section 505(b) prohibits a reprogramming of funds in excess of $500,000 or 010 percent, whichever is 

less, that: (1) augments existing programs, projects, or activities; 

(2) reduces by 010 percent funding for any existing program, 

project, or activity, or numbers of personnel by 010 percent as approved by Congress; or (3) results from any general savings, including savings from a reduction in personnel, which would result in 

a change in existing programs, activities, or projects as approved 

by Congress unless the Appropriations Committees of both Houses 

of Congress are notified 15 days in advance. The Committee has 

again included carryover funds under the requirements of section 

505 to clarify that agencies must follow reprogramming procedures 

with respect to carryover funds. 

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portunity Commission covering harassment based on religion similar to proposed guidelines published by the EEOC in October 1993. 

Section 507 provides that if it is determined that any person intentionally affixes a ‘‘Made in America’’ label to any product that 

was not made in America that person shall not be eligible to receive any contract or subcontract with funds made available in this 

Act. 

Section 508 requires quarterly reporting to Congress of unobligated balances that were received during any previous fiscal year. 

Section 509 provides that any closing or downsizing costs incurred by a department or agency funded under this Act resulting 

from funding reductions in the Act shall be absorbed within the 

budgetary resources available to the Department or agency, and 

provides transfer authority between appropriation accounts to 

carry out the provision, subject to reprogramming procedures. 

Section 5010 prohibits funds made available in this Act from 

being used to promote the sale or export of tobacco or tobacco products or to seek the reduction or removal of foreign restrictions on 

the marketing of tobacco products, provided that such restrictions 

are applied equally to all tobacco products or tobacco products of 

the same type. This provision is not intended to impact routine 

international trade services provided to all U.S. citizens, including 

the processing of applications to establish foreign trade zones. 

Section 511 prohibits funds made available in this Act from being 

used to implement a Federal user fee for background checks conducted pursuant to the Brady Handgun Control Act of 1993, or to 

implement a background check system that does not require and 

result in the destruction of certain information within 24 hours. 

Section 512 delays the obligations of any receipts deposited into the Crime Victims Fund in excess of $650,000,000 until October 1, 

2009. This language is continued to ensure a stable source of funds 

will remain available for the program, despite inconsistent levels of 

criminal fines deposited annually into the fund. Requested language rescinding the remaining balances in the Crime Victims 

Fund is not included. 

Section 513 prohibits the use of Department of Justice funds for 

programs that discriminate against or denigrate the religious beliefs of students participating in such programs. 

Section 514 prohibits the transfer of funds in the Act to any department or agency of the United States Government, except for 

transfers made under authorities provided in this, or any other appropriations Act. 

Section 515 provides that funds provided for E-Government Initiatives shall be subject to the procedures set forth in section 505 

of this Act. 

Section 516 requires the Bureau of Alcohol, Tobacco, Firearms 

and Explosives to include specific language in any release of tracing study data that makes clear that trace data cannot be used to 

draw broad conclusions about firearms-related crime. 

Section 517 requires certain timetables of audits performed by 

Inspectors General of the departments and agencies funded in this 

Act. 

Section 518 prohibits the use of funds to process patents of 

human organisms. The Committee concurs with the intent of this 

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sor in the House and the Ranking Minority Member of the House 

Committee on Appropriations as occurred on July 22, 2003, with 

respect to any existing patents on stem cells. 

Section 519 prohibits the use of funds in this Act to be used to 

support or justify torture by any official or contract employee of the 

United States Government. 

Section 520 prohibits the use of funds in this Act to require certain export licenses. 

Section 521 prohibits the use of funds in this Act to deny certain 

import applications regarding ‘‘curios or relics’’ firearms, parts, or 

ammunition. 

Section 522 prohibits the use of funds to include certain language 

in trade agreements. 

Section 523 prohibits the use of funds in this Act to authorize or 

issue a National Security Letter (NSL) in contravention of certain 

laws authorizing the Federal Bureau of Investigation to issue 

NSLs. 

Section 524 regarding the use of funding in this Act to be used 

to implement a revision to OMB A–76 circular made on May 29, 

2003. Section 525 requires the congressional notification of any 

project within the Departments of Commerce or Justice, or the National Science Foundation and the National Aeronautics and Space 

Administration totaling more than $75,000,000 that has cost increases of at least 010 percent. 

Section 526 deems funds for intelligence or intelligence-related 

activities as authorized by the Congress until the enactment of the 

Intelligence Authorization Act for Fiscal Year 2009. 

Section 527 prohibits contracts or grant awards in excess of 

$5,000,000 to any specific contractor or grantee that has not certified that he has filed all Federal tax returns, has not been convicted of a criminal offense under the IRS Code of 1986, and has 

no unpaid Federal tax assessment. 

Section 528 provides for rescissions of unobligated balances in 

the certain department and agencies funded in the Act. 

APPROPRIATIONS NOT AUTHORIZED BY LAW

Pursuant to clause 3(f)(1) of rule XIII of the Rules of the House 

of Representatives, the following table lists the appropriations in 

the accompanying bill which are not authorized by law: 

Agency/program Last year of authorization 

Authorization 

level 

Appropriations in 

last year of authorization 

Appropriations in 

this bill 

TITLE I—DEPARTMENT OF COMMERCE 

Economic Development Administration, S&E ................ 2008 such sums $30,832 $32,800 

Economic Development Administration, Public Works 

and Economic Development ...................................... 2008 $425,000 235,000 138,280 

Economic Development Administration, Trade adjustment Assistance ........................................................ 2008 such sums 14,0100 15,800 

International Trade Administration ................................ 1996 such sums 248,726 434,870 

Bureau of Industry and Security .................................... 2001 such sums 64,711 83,676 

National Telecommunications and Information Administration ..................................................................... 1993 19,400 21,823 40,946 

National Oceanic and Atmospheric Administration ...... various ........................ ........................ 4,252,640 

TITLE II—DEPARTMENT OF JUSTICE 

Vaccine Injury Compensation Trust Fund (permanent) 1992 4,058 6,333 7,833 


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Agency/program Last year of authorization 

Authorization 

level 

Appropriations in 

last year of authorization 

Appropriations in 

this bill 

Office of Violence Against Women Programs: 

Training for Judicial Personnel ............................. 2005 2,300 1,925 3,000 

Research on Violence against Indian Women ...... 2008 1,000 ........................ 1,000 

Office of Justice Programs: 

Justice Assistance: 

National Institute of Justice ........................ 1995 33,000 58,879 45,000 

Bureau of Justice Statistics ........................ 1995 33,000 32,335 50,000 

State and Local Law Enforcement Assistance: 

Byrne Justice Assistance Grant Program ............. ........................ ........................ 411,159 550,000 

State and Local Intelligence Training .................. 1995 ........................ ........................ (5,000) 

Economic, High-tech and Cyber Crime Prevention ........................ ........................ 8,885 18,000 

State Automated Victim Notification .................... ........................ ........................ 8,885 010,000 

Southwest Border Prosecutors .............................. ........................ ........................ 29,617 35,000 

Byrne Grants (discretionary) ................................. ........................ ........................ ........................ 122,000 

Byrne Competitive Grants ..................................... ........................ ........................ ........................ 30,000 

Missing Alzheimers Patients Grants ..................... 1998 900 898 1,500 

Capital Litigation Improvement Grants ................ ........................ ........................ ........................ 1,000 

Drug Courts ........................................................... 2005 60,000 45,000 40,000 

State Prison Drug Treatment ................................ 2000 72,000 61,677 010,000 

Assistance for Victims of Trafficking ................... 2005 010,000 010,000 010,000 

Mentally Ill Offender Act ....................................... ........................ ........................ ........................ 010,000 

Prescription Drug Monitoring ................................ ........................ ........................ 7,404 7,000 

State Criminal Alien Assistance ........................... 2004 ........................ ........................ 420,000 

Juvenile Justice Programs: 

Part B—State Formula-Delinquency Prevention .. 2007 88,804 78,978 75,000 

Juvenile Accountability Block Grants .................... 2005 350,000 190,000 55,000 

Part E—Challenge Grants-Demonstration 

Projects ............................................................. 2007 ........................ 0104,674 75,000 

Youth Mentoring Program ..................................... 1996 ........................ ........................ 0100,000 

Part V—Incentive Grants ..................................... 2008 97,337 64,171 40,000 

Tribal Youth .................................................. ........................ ........................ ........................ (25,000) 

Gang Prevention ........................................... 1996 ........................ ........................ (15,000) 

Victims of Child Abuse Act Programs .................. 2005 8,481 11,000 23,000 

Missing Children ................................................... 2008 ........................ 47,387 63,000 

Community Oriented Policing Services 1: 

COPS Hiring Program ............................................ ........................ ........................ ........................ 40,000 

Violent Gang and Gun Crime Reduction .............. ........................ ........................ ........................ 15,000 

Regional Information Sharing System .................. 2003 0100,000 29,000 45,000 

COPS Law Enforcement Technology and Interoperability ......................................................... ........................ ........................ ........................ 145,000 

Criminal Records Upgrade .................................... 2007 250,000 9,873 010,000 

DNA Backlog Reduction ........................................ 2004 25,000 ........................ 153,000 

Training and Technical Assistance ....................... ........................ ........................ ........................ 4,000 

Sex Offender Registry ........................................... ........................ ........................ ........................ 1,000 

Tribal Prison Construction .................................... 2000 ........................ 5,000 12,000 

Indian Tribal Courts .............................................. 2004 8,000 7,898 8,000 

Indian Alcohol and Substance Abuse Grants ....... 2000 5,000 8,630 5,000 

Tribal Law Enforcement ........................................ ........................ ........................ ........................ 20,000 

Bulletproof Vest Partnership ................................. 2004 50,000 50,000 25,000 

Wrongful Prosecution Review Grants .................... ........................ ........................ ........................ 5,000 

State and Local Law Enforcement Activities S&E ........ ........................ ........................ ........................ 195,000 

TITLE III—SCIENCE 

NASA: 

Science .................................................................. 2008 (2) (2) 4,518,019 

Aeronautic ............................................................. 2008 (2) (2) 515,000 

Exploration ............................................................. 2008 (2) (2) 3,505,686 

Education .............................................................. 2008 (2) (2) 187,200 

Cross-Agency support programs ........................... 2008 (2) (2) 3,244,752 

Space operations ................................................... 2008 (2) (2) 5,764,7010 

Office of Inspector General ................................... 2008 (2) (2) 33,600 

TITLE IV—RELATED AGENCIES 

Commission on Civil Rights .......................................... 1995 9,500 9,096 8,800 

Interantional Trade Commission .................................... 2004 57,240 61,700 75,0100 

Payment to Legal Services Corporation ......................... 1980 such sums 300,000 390,000 


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Agency/program Last year of authorization 

Authorization 

level 

Appropriations in 

last year of authorization 

Appropriations in 

this bill 

Marine Mammal Commission ........................................ 1999 1,750 1,890 3,200 

Office of the U.S. Trade Representative ........................ 2004 33,0108 41,552 48,272 

State Justice Institute .................................................... 2008 7,000 3,760 4,0100 

1 The Office of Community Oriented Policing Services is authorized through 2009 as a single grant program $1,047,000,000, which does not 

directly correspond to the account structure in this Act. 2 The NASA Authorization Act for 2005, which provided authorizations for appropriations Operations; Science, Aeronautics and Exploration; 

Exploration Capabilities and Inspector General. 

TRANSFERS OF FUNDS

Pursuant to Clause 3(f)(2) of rule XIII of the Rules of the House 

of Representatives, language is included transferring unexpended 

balances as follows: 

Under Department of Justice, General Provisions, language is included making tranglers from balances of Asset 

Forfeiture funds to Legal Activities. 

RESCISSIONS

Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House 

of Representatives, the following table is submitted describing the 

recessions recommended in the accompanying bill: 

Department of Commerce: 

Economic Development Administration .................................... ¥$14,000,000 

International Trade Administration .......................................... ¥2,000,000 

National Oceanic and Atmospheric Administration ................. ¥9,000,000 

National Institute of Standards and Technology ...................... ¥8,500,000 

National Telecommunications and Information Administration ................................................................................................... ¥1,200,000 

Census .......................................................................................... ¥1,000,000 

Department of Justice: 

Assets Forfeiture Funds ............................................................. ¥285,000,000 

Working Capital Fund ................................................................ ¥0100,000,000 

Office of Justice Programs .......................................................... ¥0100,000,000 

Community Oriented Policing Services ..................................... ¥0100,000,000 

COMPARISON WITH THE BUDGET RESOLUTION

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives requires an explanation of compliance with section 

308(a)(1)(A) of the Congressional Budget and Impoundment Control 

Act of 1974 (Public Law 93–344), as amended, which requires that 

the report accompanying a bill providing new budget authority contain a statement detailing how that authority compares with the 

report submitted under section 302 of the Act for the most recently 

agreed to concurrent resolution on the budget for the fiscal year 

from the Committee’s section 302(a) allocation. 

[In millions of dollars] 

302(b) allocation This bill 

Budget authority Outlays Budget authority Outlays 

General purpose discretionary ....................................................... 56,858 57,000 56,858 56,953 

Mandatory ...................................................................................... 221 224 221 224 


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FIVE-YEAR OUTLAY PROJECTIONS

In compliance with section 308(a)(1)(B) of the Congressional 

Budget and Impoundment Control Act of 1974 (Public Law 93– 

344), as amended, the following table contains five-year projections 

associated with the budget authority provided in the accompanying 

bill: 

Fiscal year 2009 outlays 

In millions of dollars 

Budget Authority ................................................................................... 56,858 

Outlays: 

2009 ................................................................................................. 36,974 

20010 ............................................................................................... 14,768 

2011 ................................................................................................. 4,339 

2012 ................................................................................................. 2,047 

2013 ................................................................................................. 883 

ASSISTANCE TO STATE AND LOCAL GOVERNMENTS

In accordance with section 308(a)(1)(C) of the Congressional 

Budget and Impoundment Control Act of 1974 (Public Law 93– 

344), as amended, the fiscal assistance to State and local government is as following: 

Millions of dollars 

FY 2009 new budget authority ............................................................. 1,295 

FY 2009 outlays resulting therefrom ................................................... 80 

CONSTITUTIONAL AUTHORITY

Clause 3(d)(1) of rule XIII of the Rules of the House of Representatives states that: 

Each report of a committee on a bill or joint resolution 

of a public character shall include a statement citing the 

specific powers granted to the Congress in the Constitution 

to enact the law proposed by the bill or joint resolution. 

The Committee on Appropriations bases its authority to report 

this legislation from Clause 7 of Section 9 of Article I of the Constitution of the United States of America, which states: 

No money shall be drawn from the Treasury but in consequence of Appropriations made by law. * * * 

Appropriations contained in this Act are made pursuant to this 

specific power granted by the Constitution. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House 

of Representatives, the following is a statement of general performance goals and objectives for which this measure authorizes funding: 

The Committee on Appropriations considers program performance, including a program’s success in developing and attaining 

outcome-related goals and objectives in developing funding recommendations. 

COMPLIANCE WITH RULE XIII CL. 3(e) (RAMSEYER RULE) 

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, the Committee notes that the accomVerDate Aug 31 2005 08:28 Dec 11, 2008 Jkt 045732 PO 00000 Frm 00168 Fmt 6659 Sfmt 6602 E:\HR\OC\HR919.XXX HR919

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panying bill does not propose to repeal or amend a statute or part 

thereof. 

ROLL CALL VOTES TAKEN IN COMMITTEE

In compliance with clause 3(b) of rule XIII, the Committee notes 

that no roll call votes were taken during its consideration of the 

bill. 

CONGRESSIONAL EARMARKS

The following table is submitted in compliance with clause 9 of 

Rule XXI, and lists the congressional earmarks (as defined in paragraph (d) of clause 9) contained in the bill or in this report. Neither 

the bill nor the report contain any limited tax benefits or limited 

tariff benefits as defined in paragraphs (e) or (f) of clause 9 of Rule 

XXI. 


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COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) 

AUTHORITY

The following table provides a detailed summary, for each 

deprtment and agency, comparing the amounts recommended in 

the bill with fiscal year 2008 enacted amounts and budget estimates presented for fiscal year 2009: 


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ADDITIONAL VIEWS OF JERRY LEWIS AND RODNEY P. 

FRELINGHUYSEN 

We commend Chairman Mollohan and Chairman Obey for the 

rigorous approach they have brought to carrying out the Subcommittee’s oversight responsibilities, and for the even-handed and 

collaborative approach taken in assembling this bill providing appropriations for the Departments of Commerce and Justice, 

Science, and Related agencies for fiscal year 2009. The bill includes 

important increases to programs that represent top national priorities, including counterterrorism, crime fighting, and scientific research and education. Both Chairman Mollohan and Chairman 

Obey have been open and responsive to issues and concerns raised 

by Republican Members and we appreciate their commitment to bipartisanship and regular order during consideration of this bill 

through the Committee process. 

The allocation given to the Subcommittee is $56.9 billion, which 

is $5 billion or 9.8% above 2008, and $3.2 billion or 5.9% above the 

President’s request. We believe that the Subcommittee could have 

met the most pressing funding needs by prioritizing within a lower 

allocation. With this very generous allocation virtually every agency and account in the bill is funded at, or above, the President’s 

request. This corresponds with the majority’s overall budget blueprint which adds a total of $21 billion to the President’s proposed 

budget for fiscal year 2009, and adds $241 billion in new spending 

over the next five years, requiring tax increases of more than $683 

billion over the same time period. If we abandon budget discipline 

and avoid hard choices, the result will be that the household budgets of American families will be squeezed even further. To illustrate the different spending philosophies of Republicans and Democrats, one need only look back to the fiscal year 2007 CJS bill produced under a Republican majority. The fiscal year 2007 House bill 

for these same departments and agencies had an allocation that exceeded the President’s request by less than a quarter of one percent. That bill successfully addressed critical priorities and passed 

the House with an overwhelming bipartisan vote. 

For the Department of Commerce, the bill fully supports the 

original request for the 2010 Decennial Census. However, the Committee recently received a budget amendment requesting an additional $540,380,000 in fiscal year 2009 appropriations to plan for 

a paper-based non-response follow-up operation that is now necessary due to cost, schedule and performance problems with a 

major information technology contract. This bill does not address 

that additional requirement. We look forward to working with the 

Majority to address management problems and ultimately provide 

the necessary funds to ensure an accurate and timely Decennial 

Census. 


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We are pleased that the Chairman offered an amendment that 

was adopted by the Committee to increase the Manufacturing Extension Partnership program to the authorized level of 

$122,000,000. The need for this increase was brought to the Committee’s attention by Rep. Knollenberg, and is supported by many 

Members on both sides of the aisle. We also appreciate the small 

but important increases provided to the International Trade Administration, the U.S. Trade Representative and the International 

Trade Commission. The work of these agencies is critical to support 

the growth of free and fair trade, a key to our future economic wellbeing and security. 

We congratulate the Chairman on the strong overall funding 

level of $816,860,000 provided for the National Institute of Standards and Technology (NIST). However, we would have preferred to 

set different priorities within NIST that would more directly foster 

innovation and competitiveness, while at the same time require 

less spending. The President’s Science Advisor, in his testimony before the Subcommittee, named NIST’s core research budget as the 

top priority science investment in the bill. NIST’s core research 

budget is funded at $34,340,000 below the request while the bill includes $65,200,000 above the President’s request for the Technology Innovation Program (the successor to the Advanced Technology Program) and $30,000,000 for an unrequested and unauthorized construction grant program. 

Likewise, the overall funding level for NOAA includes many important increases for programs such as the National Weather Service and for climate research. However, the overall NOAA funding 

level is an increase of $356,156,000, or 9.1%, above the fiscal year 

2008 level; more than sufficient to allow increases throughout 

NOAA’s extensive roster of programs. 

We strongly support the decision to fully fund the Federal Bureau of Investigation (FBI). This level is necessary in order to continue current staffing and operations levels while also funding urgent increases in national security programs. In addition to increases for counterterrorism and counterintelligence, the bill includes important enhancements for other FBI priority areas, including child exploitation, intellectual property crime, and mortgage fraud. This Committee has been at the forefront of advancing 

the FBI’s transformation into our nation’s premier counterterrorism agency, and we are pleased that we are able to continue 

that support this year. 

In addition, the bill includes strong funding levels for other Federal Law Enforcement accounts. Most Federal Law Enforcement 

accounts are funded at least at the President’s request. These levels are necessary to maintain staffing and operations at the Drug 

Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the U.S. Marshals Service, 

and U.S. Attorneys offices, and to support additional activities on 

the Southwest Border. 

The bill will make a real impact in the fight against child exploitation. It includes $63,000,000 for Missing and Exploited Children 

programs; $10,000,000 for sex offender management assistance; 

and increases of $16,000,000 for Federal Law Enforcement agencies 


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to combat child exploitation using the Internet, and to apprehend 

unregistered sex offenders. 

We are pleased that the bill includes increased funding for the 

DEA’s Mobile Enforcement Teams to help local law enforcement 

deal with the most acute cases of drug-related crime and violence. 

With the resources provided in this bill, the DEA can begin work 

toward the goal of re-establishing a MET in each DEA field division. 

The bill also includes over $3.1 billion for State and Local Law 

Enforcment accounts, including programs addressing violence 

against women, gangs, and methamphetamine, as well as an increase of $10,000,000 in the State Criminal Alien Assistance Program (SCAAP). The costs incurred by local jurisdictions to incarcerate undocumented criminal aliens continue to rise. The SCAAP 

program provides important partial Federal reimbursement for 

costs related to what is truly a national not a local problem: immigration enforcement. Actual costs incurred by local jurisdictions for 

these incarceration expenses have been estimated at approximately 

$800 million, roughly double the amount provided in the bill. The 

bill also restores funding to the Byrne/Justice Assistance Grants 

program at $550,000,000, an increase of over $379,000,000 above 

the enacted level. 

For NASA, the bill includes $17,768,967,000, which is 

$154,767,000 above the request. We appreciate that this level includes requested funding to keep NASA on track with the development of the Orion and Ares Exploration systems, while also providing increases for Space Science and Aeronautics Research. 

For the NSF, we are very pleased by the overall funding level, 

but note that the core research account that is the Nation’s primary source of support for transformative basic scientific research 

is cut $49,850,000 below the request. We would have preferred that 

full funding for the research account take precedence over other 

Foundation programs and activities. 

In conclusion, while we have concerns with the overall spending 

in the bill, we would like to again express appreciation to Chairman Mollohan and Chairman Obey for their openness and consideration. We are grateful for the cooperative approach, and look forward to working together as the process continues to produce a bill 

that funds critical national priorities. 

JERRY LEWIS. 

RODNEY P. FRELINGHUYSEN. 


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