II 

Calendar No. 831 

110TH CONGRESS 

2D SESSION S. 3182 

[Report No. 110–397] 

Making appropriations for the Departments of Commerce and Justice, science, 

and related agencies for the fiscal year ending September 30, 2009, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 23, 2008 

Ms. MIKULSKI, from the Committee on Appropriations, reported the following 

original bill; which was read twice and placed on the calendar 

A BILL 

Making appropriations for the Departments of Commerce 

and Justice, science, and related agencies for the fiscal 

year ending September 30, 2009, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2009, and for other pur6 poses, namely: 
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1 TITLE I 

2 DEPARTMENT OF COMMERCE 

3 INTERNATIONAL TRADE ADMINISTRATION

4 OPERATIONS AND ADMINISTRATION

5 For necessary expenses for international trade activi6 ties of the Department of Commerce provided for by law, 

7 and for engaging in trade promotional activities abroad, 

8 including expenses of grants and cooperative agreements 

9 for the purpose of promoting exports of United States 

10 firms, without regard to 44 U.S.C. 3702 and 3703; full 

11 medical coverage for dependent members of immediate 

12 families of employees stationed overseas and employees 

13 temporarily posted overseas; travel and transportation of 

14 employees of the International Trade Administration be15 tween two points abroad, without regard to 49 U.S.C. 

16 40118; employment of Americans and aliens by contract 

17 for services; rental of space abroad for periods not exceed18 ing 10 years, and expenses of alteration, repair, or im19 provement; purchase or construction of temporary de20 mountable exhibition structures for use abroad; payment 

21 of tort claims, in the manner authorized in the first para22 graph of 28 U.S.C. 2672 when such claims arise in foreign 

23 countries; not to exceed $327,000 for official representa24 tion expenses abroad; purchase of passenger motor vehi25 cles for official use abroad, not to exceed $45,000 per vehi-
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1 cle; obtaining insurance on official motor vehicles; and 

2 rental of tie lines, $429,870,000, to remain available until 

3 September 30, 2010, of which $9,439,000 is to be derived 

4 from fees to be retained and used by the International 

5 Trade Administration, notwithstanding 31 U.S.C. 3302: 

6 Provided, That $48,592,000 shall be for Manufacturing 

7 and Services; $42,332,000 shall be for Market Access and 

8 Compliance; $66,357,000 shall be for the Import Adminis9 tration; $237,739,000 shall be for the United States and 

10 Foreign Commercial Service; and $25,411,000 shall be for 

11 Executive Direction and Administration: Provided further, 

12 That of the amount provided under this heading, 

13 $1,400,000 shall be for making grants for the promotion 

14 of trade and the enhancement of the textile industry only 

15 in accordance with the terms and conditions specified for 

16 such grants in the report accompanying this Act: Provided 

17 further, That the provisions of the first sentence of section 

18 105(f) and all of section 108(c) of the Mutual Educational 

19 and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) 

20 and 2458(c)) shall apply in carrying out these activities 

21 without regard to section 5412 of the Omnibus Trade and 

22 Competitiveness Act of 1988 (15 U.S.C. 4912); and that 

23 for the purpose of this Act, contributions under the provi24 sions of the Mutual Educational and Cultural Exchange 

25 Act of 1961 shall include payment for assessments for 
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1 services provided as part of these activities: Provided fur2 ther, That negotiations shall be conducted within the 

3 World Trade Organization to recognize the right of mem4 bers to distribute monies collected from antidumping and 

5 countervailing duties: Provided further, That negotiations 

6 shall be conducted within the World Trade Organization 

7 consistent with the negotiating objectives contained in the 

8 Trade Act of 2002, Public Law 107–210. 

9 BUREAU OF INDUSTRY AND SECURITY

10 OPERATIONS AND ADMINISTRATION

11 For necessary expenses for export administration and 

12 national security activities of the Department of Com13 merce, including costs associated with the performance of 

14 export administration field activities both domestically and 

15 abroad; full medical coverage for dependent members of 

16 immediate families of employees stationed overseas; em17 ployment of Americans and aliens by contract for services 

18 abroad; payment of tort claims, in the manner authorized 

19 in the first paragraph of 28 U.S.C. 2672 when such claims 

20 arise in foreign countries; not to exceed $15,000 for offi21 cial representation expenses abroad; awards of compensa22 tion to informers under the Export Administration Act of 

23 1979, and as authorized by 22 U.S.C. 401(b); and pur24 chase of passenger motor vehicles for official use and 

25 motor vehicles for law enforcement use with special re-
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1 quirement vehicles eligible for purchase without regard to 

2 any price limitation otherwise established by law, 

3 $83,676,000, to remain available until expended, of which 

4 $14,767,000 shall be for inspections and other activities 

5 related to national security: Provided, That the provisions 

6 of the first sentence of section 105(f) and all of section 

7 108(c) of the Mutual Educational and Cultural Exchange 

8 Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply 

9 in carrying out these activities: Provided further, That 

10 payments and contributions collected and accepted for ma11 terials or services provided as part of such activities may 

12 be retained for use in covering the cost of such activities, 

13 and for providing information to the public with respect 

14 to the export administration and national security activi15 ties of the Department of Commerce and other export con16 trol programs of the United States and other govern17 ments. 

18 ECONOMIC DEVELOPMENT ADMINISTRATION

19 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

20 For grants for economic development assistance as 

21 provided by the Public Works and Economic Development 

22 Act of 1965, and for trade adjustment assistance, 

23 $200,000,000, to remain available until expended. 

24 SALARIES AND EXPENSES

25 For necessary expenses of administering the eco26 nomic development assistance programs as provided for by 
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1 law, $32,800,000: Provided, That these funds may be used 

2 to monitor projects approved pursuant to title I of the 

3 Public Works Employment Act of 1976, title II of the 

4 Trade Act of 1974, and the Community Emergency 

5 Drought Relief Act of 1977. 

6 MINORITY BUSINESS DEVELOPMENT AGENCY

7 MINORITY BUSINESS DEVELOPMENT

8 For necessary expenses of the Department of Com9 merce in fostering, promoting, and developing minority 

10 business enterprise, including expenses of grants, con11 tracts, and other agreements with public or private organi12 zations, $29,000,000. 

13 ECONOMIC AND STATISTICAL ANALYSIS

14 SALARIES AND EXPENSES

15 For necessary expenses, as authorized by law, of eco16 nomic and statistical analysis programs of the Department 

17 of Commerce, $90,621,000, to remain available until Sep18 tember 30, 2010. 

19 BUREAU OF THE CENSUS

20 SALARIES AND EXPENSES

21 For expenses necessary for collecting, compiling, ana22 lyzing, preparing, and publishing statistics, provided for 

23 by law, $238,740,000. 

24 PERIODIC CENSUSES AND PROGRAMS

25 For necessary expenses to collect and publish statis26 tics for periodic censuses and programs provided for by 
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1 law, $2,912,262,000, to remain available until expended: 

2 Provided, That none of the funds provided in this or any 

3 other Act for any fiscal year may be used for the collection 

4 of census data on race identification that does not include 

5 ‘‘some other race’’ as a category: Provided further, That 

6 from amounts provided herein, funds may be used for ad7 ditional promotion outreach and marketing activities. 

8 NATIONAL TELECOMMUNICATIONS AND INFORMATION

9 ADMINISTRATION

10 SALARIES AND EXPENSES

11 For necessary expenses, as provided for by law, of 

12 the National Telecommunications and Information Ad13 ministration (NTIA), $19,218,000, to remain available 

14 until September 30, 2010: Provided, That, notwith15 standing 31 U.S.C. 1535(d), the Secretary of Commerce 

16 shall charge Federal agencies for costs incurred in spec17 trum management, analysis, and operations, and related 

18 services and such fees shall be retained and used as offset19 ting collections for costs of such spectrum services, to re20 main available until expended: Provided further, That the 

21 Secretary of Commerce is authorized to retain and use as 

22 offsetting collections all funds transferred, or previously 

23 transferred, from other Government agencies for all costs 

24 incurred in telecommunications research, engineering, and 

25 related activities by the Institute for Telecommunication 
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1 Sciences of NTIA, in furtherance of its assigned functions 

2 under this paragraph, and such funds received from other 

3 Government agencies shall remain available until ex4 pended. 

5 PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING

6 AND CONSTRUCTION

7 For the administration of grants, authorized by sec8 tion 392 of the Communications Act of 1934, 

9 $20,000,000, to remain available until expended as au10 thorized by section 391 of the Act: Provided, That not to 

11 exceed $2,000,000 shall be available for program adminis12 tration as authorized by section 391 of the Act: Provided 

13 further, That, notwithstanding the provisions of section 

14 391 of the Act, the prior year unobligated balances may 

15 be made available for grants for projects for which appli16 cations have been submitted and approved during any fis17 cal year. 

18 TECHNOLOGY OPPORTUNITIES PROGRAM

19 For construction grants authorized by section 392 of 

20 the Communications Act of 1934, as amended, 

21 $20,000,000, to remain available until expended: Pro22 vided, That funds provided under this heading shall be for 

23 competitive grants for the construction of broadband serv24 ices and networks. 
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1 UNITED STATES PATENT AND TRADEMARK OFFICE

2 SALARIES AND EXPENSES

3 For necessary expenses of the United States Patent 

4 and Trademark Office (USPTO) provided for by law, in5 cluding defense of suits instituted against the Under Sec6 retary of Commerce for Intellectual Property and Director 

7 of the United States Patent and Trademark Office, 

8 $2,074,773,000, to remain available until expended: Pro9 vided, That the sum herein appropriated from the general 

10 fund shall be reduced as offsetting collections assessed and 

11 collected pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 

12 and 376 are received during fiscal year 2009, so as to re13 sult in a fiscal year 2009 appropriation from the general 

14 fund estimated at $0: Provided further, That during fiscal 

15 year 2009, should the total amount of offsetting fee collec16 tions be less than $2,074,773,000, this amount shall be 

17 reduced accordingly: Provided further, That any amount 

18 received in excess of $2,074,773,000 in fiscal year 2009, 

19 in an amount up to $100,000,000, shall remain available 

20 until expended: Provided further, That of the amounts pro21 vided to the USPTO within this account, $10,000,000 

22 shall not become available for obligation until the Director 

23 of the USPTO has completed a comprehensive review of 

24 the assumptions behind the patent examiner expectancy 

25 goals and adopted a revised set of expectancy goals for 
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1 patent examination: Provided further, That not less than 

2 1,116 full-time equivalents, 1,139 positions and 

3 $246,977,000 shall be for the examination of trademark 

4 applications; and not less than 9,607 full-time equivalents, 

5 10,179 positions and $1,827,796,000 shall be for the ex6 amination and searching of patent applications: Provided 

7 further, That $1,000,000 may be transferred to ‘‘Depart8 mental Management’’, ‘‘Salaries and Expenses’’ for activi9 ties associated with the National Intellectual Property 

10 Law Enforcement Coordination Council: Provided further, 

11 That any deviation from the full-time equivalent, position, 

12 and funding designations set forth in the preceding pro13 visos shall be subject to the procedures set forth in section 

14 505 of this Act: Provided further, That $2,000,000 shall 

15 be transferred to Office of Inspector General for activities 

16 associated with carrying out investigations related to the 

17 USPTO: Provided further, That from amounts provided 

18 herein, not to exceed $1,000 shall be made available in 

19 fiscal year 2009 for official reception and representation 

20 expenses: Provided further, That in fiscal year 2009, from 

21 the amounts made available for ‘‘Salaries and Expenses’’ 

22 for the USPTO, the amounts necessary to pay: (1) the 

23 difference between the percentage of basic pay contributed 

24 by the USPTO and employees under section 8334(a) of 

25 title 5, United States Code, and the normal cost percent-
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1 age (as defined by section 8331(17) of that title) of basic 

2 pay, of employees subject to subchapter III of chapter 83 

3 of that title; and (2) the present value of the otherwise 

4 unfunded accruing costs, as determined by the Office of 

5 Personnel Management, of post-retirement life insurance 

6 and post-retirement health benefits coverage for all 

7 USPTO employees, shall be transferred to the Civil Serv8 ice Retirement and Disability Fund, the Employees Life 

9 Insurance Fund, and the Employees Health Benefits 

10 Fund, as appropriate, and shall be available for the au11 thorized purposes of those accounts: Provided further, 

12 That sections 801, 802, and 803 of division B, Public Law 

13 108–447 shall remain in effect during fiscal year 2009: 

14 Provided further, That the Director may, this year, reduce 

15 by regulation fees payable for documents in patent and 

16 trademark matters, in connection with the filing of docu17 ments filed electronically in a form prescribed by the Di18 rector. 

19 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

20 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

21 For necessary expenses of the National Institute of 

22 Standards and Technology, $489,499,000, to remain 

23 available until expended, of which not to exceed 

24 $12,300,000 may be transferred to the ‘‘Working Capital 

25 Fund’’: Provided, That of the amount provided under this 
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1 heading, $3,000,000 shall be for making grants for re2 search to enhance measurements and standards only in 

3 accordance with the terms and conditions specified for 

4 such grants in the report accompanying this Act: Provided 

5 further, That not to exceed $5,000 shall be for official re6 ception and representation expenses. 

7 INDUSTRIAL TECHNOLOGY SERVICES

8 For necessary expenses of the Hollings Manufac9 turing Extension Partnership of the National Institute of 

10 Standards and Technology, $110,000,000, to remain 

11 available until expended. 

12 In addition, for necessary expenses of the Technology 

13 Innovation Program of the National Institute of Stand14 ards and Technology, $65,000,000, to remain available 

15 until expended: Provided, That of the $71,200,000 pro16 vided for in direct obligations under this heading, 

17 $65,000,000 is appropriated from the general fund and 

18 $6,200,000 is derived from recoveries of prior year obliga19 tions. 

20 CONSTRUCTION OF RESEARCH FACILITIES

21 For construction of new research facilities, including 

22 architectural and engineering design, and for renovation 

23 and maintenance of existing facilities including agency 

24 recreational and welfare facilities, not otherwise provided 

25 for the National Institute of Standards and Technology, 

26 as authorized by 15 U.S.C. 278c–278e, $149,000,000, to 
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1 remain available until expended: Provided, That of the 

2 amount provided under this heading, $44,000,000 shall be 

3 for making grants for construction of facilities only in ac4 cordance with the terms and conditions specified for such 

5 grants in the report accompanying this Act: Provided fur6 ther, That the Secretary of Commerce shall include in the 

7 budget justification materials that the Secretary submits 

8 to Congress in support of the Department of Commerce 

9 budget (as submitted with the budget of the President 

10 under section 1105(a) of title 31, United States Code) an 

11 estimate for each National Institute of Standards and 

12 Technology construction project having a total multi-year 

13 program cost of more than $5,000,000 and simultaneously 

14 the budget justification materials shall include an estimate 

15 of the budgetary requirements for each such project for 

16 each of the five subsequent fiscal years. 

17 NATIONAL OCEANIC AND ATMOSPHERIC

18 ADMINISTRATION

19 OPERATIONS, RESEARCH, AND FACILITIES

20 (INCLUDING TRANSFERS OF FUNDS)

21 For necessary expenses of activities authorized by law 

22 for the National Oceanic and Atmospheric Administration, 

23 including maintenance, operation, and hire of aircraft and 

24 vessels; grants, contracts, or other payments to nonprofit 

25 organizations for the purposes of conducting activities 

26 pursuant to cooperative agreements; and relocation of fa-
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1 cilities, $3,051,911,000, to remain available until Sep2 tember 30, 2010, except for funds provided for cooperative 

3 enforcement, which shall remain available until September 

4 30, 2011: Provided, That fees and donations received by 

5 the National Ocean Service for the management of na6 tional marine sanctuaries may be retained and used for 

7 the salaries and expenses associated with those activities, 

8 notwithstanding 31 U.S.C. 3302: Provided further, That 

9 in addition, $3,000,000 shall be derived by transfer from 

10 the fund entitled ‘‘Coastal Zone Management’’ and in ad11 dition $79,000,000 shall be derived by transfer from the 

12 fund entitled ‘‘Promote and Develop Fishery Products and 

13 Research Pertaining to American Fisheries’’: Provided 

14 further, That of the $3,149,911,000 provided for in direct 

15 obligations under this heading $3,051,911,000 is appro16 priated from the general fund, $82,000,000 is provided 

17 by transfer, and $16,000,000 is derived from recoveries 

18 of prior year obligations: Provided further, That the total 

19 amount available for the National Oceanic and Atmos20 pheric Administration corporate services administrative 

21 support costs shall not exceed $217,338,000: Provided fur22 ther, That payments of funds made available under this 

23 heading to the Department of Commerce Working Capital 

24 Fund including Department of Commerce General Coun25 sel legal services shall not exceed $36,583,000: Provided 
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1 further, That of the amount provided under this heading, 

2 $107,805,000 shall be for making grants for research, 

3 education, and other activities related to understanding 

4 and protecting the environment only in accordance with 

5 the terms and conditions specified for such grants in the 

6 report accompanying this Act: Provided further, That any 

7 deviation from the amounts designated for specific activi8 ties in the report accompanying this Act, or any use of 

9 deobligated balances of funds provided under this heading 

10 in previous years, shall be subject to the procedures set 

11 forth in section 505 of this Act: Provided further, That 

12 in allocating grants under sections 306 and 306A of the 

13 Coastal Zone Management Act of 1972, as amended, no 

14 coastal State shall receive more than 5 percent or less 

15 than 1 percent of increased funds appropriated over the 

16 previous fiscal year: Provided further, That funds for 

17 ‘‘Coastal Zone Management Grants’’ in excess of 

18 $70,000,000 may be allocated on a competitive basis de19 veloped in consultation with eligible States: Provided fur20 ther, That in accordance with section 215 of Public Law 

21 107–372 the number of officers in the NOAA Commis22 sioned Officer Corps shall increase to 321. 

23 In addition, for necessary retired pay expenses under 

24 the Retired Serviceman’s Family Protection and Survivor 

25 Benefits Plan, and for payments for the medical care of 
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1 retired personnel and their dependents under the Depend2 ents Medical Care Act (10 U.S.C. ch. 55), such sums as 

3 may be necessary. 

4 PROCUREMENT, ACQUISITION AND CONSTRUCTION

5 For procurement, acquisition and construction of 

6 capital assets, including alteration and modification costs, 

7 of the National Oceanic and Atmospheric Administration, 

8 $1,258,010,000, to remain available until September 30, 

9 2011, except funds provided for construction of facilities 

10 which shall remain available until expended: Provided, 

11 That of the amount provided under this heading, 

12 $23,850,000 shall be for making grants for research, edu13 cation, and other activities related to understanding and 

14 protecting the environment only in accordance with the 

15 terms and conditions specified for such grants in the re16 port accompanying this Act: Provided further, That of the 

17 amounts provided for the National Polar-orbiting Oper18 ational Environmental Satellite System, funds shall only 

19 be made available on a dollar-for-dollar matching basis 

20 with funds provided for the same purpose by the Depart21 ment of Defense: Provided further, That except to the ex22 tent expressly prohibited by any other law, the Depart23 ment of Defense may delegate procurement functions re24 lated to the National Polar-orbiting Operational Environ25 mental Satellite System to officials of the Department of 

26 Commerce pursuant to section 2311 of title 10, United 
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1 States Code: Provided further, That any deviation from 

2 the amounts designated for specific activities in the report 

3 accompanying this Act, or any use of deobligated balances 

4 of funds provided under this heading in previous years, 

5 shall be subject to the procedures set forth in section 505 

6 of this Act. 

7 PACIFIC COASTAL SALMON RECOVERY

8 For necessary expenses associated with the restora9 tion of Pacific salmon populations, $90,000,000, to re10 main available until September 30, 2010: Provided, That 

11 of the funds provided herein the Secretary of Commerce 

12 may issue grants to the States of Washington, Oregon, 

13 Idaho, Nevada, California, and Alaska, and Federally-rec14 ognized tribes of the Columbia River and Pacific Coast 

15 for projects necessary for restoration of salmon and 

16 steelhead populations that are listed as threatened or en17 dangered, or identified by a State as at-risk to be so-listed, 

18 for maintaining populations necessary for exercise of tribal 

19 treaty fishing rights or native subsistence fishing, or for 

20 conservation of Pacific coastal salmon and steelhead habi21 tat, based on guidelines to be developed by the Secretary 

22 of Commerce, or for salmon enhancement projects or other 

23 projects, consistent with a Memorandum of Under24 standing between a State and the National Marine Fish25 eries Service: Provided further, That funds disbursed to 

26 States shall be subject to a matching requirement of funds 
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1 or documented in-kind contributions of at least 33 percent 

2 of the Federal funds. 

3 FISHERIES DISASTER MITIGATION FUND

4 For necessary expenses associated with mitigation of 

5 fishery disasters, $50,000,000, to remain available until 

6 expended: Provided, That funds shall be used for miti7 gating the effects of commercial fishery failures and fish8 ery resource disasters, as well as alleviating the impacts 

9 of regulations on commercial fishing industries. 

10 COASTAL ZONE MANAGEMENT FUND

11 (INCLUDING TRANSFER OF FUNDS)

12 Of amounts collected pursuant to section 308 of the 

13 Coastal Zone Management Act of 1972 (16 U.S.C. 

14 1456a), not to exceed $3,000,000 shall be transferred to 

15 the ‘‘Operations, Research, and Facilities’’ account to off16 set the costs of implementing such Act. 

17 FISHERIES FINANCE PROGRAM ACCOUNT

18 Subject to section 502 of the Congressional Budget 

19 Act of 1974, during fiscal year 2009, obligations of direct 

20 loans may not exceed $8,000,000 for Individual Fishing 

21 Quota loans and not to exceed $59,000,000 for traditional 

22 direct loans as authorized by the Merchant Marine Act 

23 of 1936: Provided, That none of the funds made available 

24 under this heading may be used for direct loans for any 

25 new fishing vessel that will increase the harvesting capac26 ity in any United States fishery. 
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1 DEPARTMENTAL MANAGEMENT

2 SALARIES AND EXPENSES

3 For expenses necessary for the departmental manage4 ment of the Department of Commerce provided for by law, 

5 including not to exceed $5,000 for official entertainment, 

6 $44,083,000. 

7 HERBERT C. HOOVER BUILDING RENOVATION AND

8 MODERNIZATION

9 For expenses necessary, including blast windows, for 

10 the renovation and modernization of the Herbert C. Hoo11 ver Building, $7,367,000, to remain available until ex12 pended. 

13 OFFICE OF INSPECTOR GENERAL

14 For necessary expenses of the Office of Inspector 

15 General in carrying out the provisions of the Inspector 

16 General Act of 1978 (5 U.S.C. App.), $24,766,000. 

17 GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

18 (INCLUDING TRANSFER OF FUNDS)

19 SEC. 101. During the current fiscal year, applicable 

20 appropriations and funds made available to the Depart21 ment of Commerce by this Act shall be available for the 

22 activities specified in the Act of October 26, 1949 (15 

23 U.S.C. 1514), to the extent and in the manner prescribed 

24 by the Act, and, notwithstanding 31 U.S.C. 3324, may 

25 be used for advanced payments not otherwise authorized 

26 only upon the certification of officials designated by the 
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1 Secretary of Commerce that such payments are in the 

2 public interest. 

3 SEC. 102. During the current fiscal year, appropria4 tions made available to the Department of Commerce by 

5 this Act for salaries and expenses shall be available for 

6 hire of passenger motor vehicles as authorized by 31 

7 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 

8 3109; and uniforms or allowances therefor, as authorized 

9 by law (5 U.S.C. 5901–5902). 

10 SEC. 103. Not to exceed 5 percent of any appropria11 tion made available for the current fiscal year for the De12 partment of Commerce in this Act may be transferred be13 tween such appropriations, but no such appropriation shall 

14 be increased by more than 10 percent by any such trans15 fers: Provided, That any transfer pursuant to this section 

16 shall be treated as a reprogramming of funds under sec17 tion 505 of this Act and shall not be available for obliga18 tion or expenditure except in compliance with the proce19 dures set forth in that section: Provided further, That the 

20 Secretary of Commerce shall notify the Committees on Ap21 propriations at least 15 days in advance of the acquisition 

22 or disposal of any capital asset (including land, structures, 

23 and equipment) not specifically provided for in this Act 

24 or any other law appropriating funds for the Department 

25 of Commerce: Provided further, That for the National Oce-
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1 anic and Atmospheric Administration this section shall 

2 provide for transfers among appropriations made only to 

3 the National Oceanic and Atmospheric Administration 

4 and such appropriations may not be transferred and re5 programmed to other Department of Commerce bureaus 

6 and appropriation accounts. 

7 SEC. 104. Any costs incurred by a department or 

8 agency funded under this title resulting from personnel 

9 actions taken in response to funding reductions included 

10 in this title or from actions taken for the care and protec11 tion of loan collateral or grant property shall be absorbed 

12 within the total budgetary resources available to such de13 partment or agency: Provided, That the authority to trans14 fer funds between appropriations accounts as may be nec15 essary to carry out this section is provided in addition to 

16 authorities included elsewhere in this Act: Provided fur17 ther, That use of funds to carry out this section shall be 

18 treated as a reprogramming of funds under section 505 

19 of this Act and shall not be available for obligation or ex20 penditure except in compliance with the procedures set 

21 forth in that section. 

22 SEC. 105. Hereafter, notwithstanding any other pro23 vision of law, no funds appropriated under this Act or any 

24 other Act shall be used to register, issue, transfer, or en25 force any trademark of the phrase ‘‘Last Best Place’’. 
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1 SEC. 106. The Secretary of Commerce is permitted 

2 to prescribe and enforce standards or regulations affecting 

3 safety and health in the context of scientific and occupa4 tional diving within the National Oceanic and Atmospheric 

5 Administration. 

6 SEC. 107. Notwithstanding 31 U.S.C. 3302, the Sec7 retary of Commerce is authorized to collect and retain fees 

8 for conferences provided, and may use such funds to pay 

9 for expenses of such conferences. 

10 SEC. 108. The requirements set forth by section 112 

11 of division B of Public Law 110–161 are hereby adopted 

12 by reference. 

13 SEC. 109. Notwithstanding any other law, the Sec14 retary may furnish services (including but not limited to 

15 utilities, telecommunications, and security services) nec16 essary to support the operation, maintenance, and im17 provement of space that persons, firms or organizations 

18 are authorized pursuant to the Public Buildings Coopera19 tive Use Act of 1976 or other authority to use or occupy 

20 in the Herbert C. Hoover Building, Washington, D.C., or 

21 other buildings the maintenance, operation, and protection 

22 of which has been delegated to the Secretary from the Ad23 ministrator of General Services pursuant to the Federal 

24 Property and Administrative Services Act of 1949, as 

25 amended, on a reimbursable or non-reimbursable basis. 
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1 Amounts received as reimbursement for services provided 

2 under this section or the authority under which the use 

3 or occupancy of the space is authorized, up to $200,000, 

4 shall be credited to the appropriation or fund which ini5 tially bears the costs of such services. 

6 SEC. 110. Of the amounts made available under sec7 tion 213 of Public Law 108–199 for a New England lob8 ster fishing capacity reduction program shall be available 

9 for transfer by the National Oceanic and Atmospheric Ad10 ministration from the Fisheries Finance Program Account 

11 to the Operations, Research and Facilities appropriation, 

12 to remain available until expended, for the Southern New 

13 England Cooperative Research Initiative for cooperative 

14 research, marine debris removal, and gear modification for 

15 conservation in Rhode Island. 

16 SEC. 111. Section (d)(2)(A) of title 16 U.S.C. 3645 

17 is amended by inserting ‘‘Nevada,’’ after ‘‘Idaho,’’. 

18 SEC. 112. With the consent of the President, the Sec19 retary of Commerce shall represent the United States Gov20 ernment in negotiating and monitoring international 

21 agreements regarding fisheries, marine mammals, or sea 

22 turtles: Provided, That the Secretary of Commerce shall 

23 be responsible for the development and interdepartmental 

24 coordination of the policies of the United States with re-
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1 spect to the international negotiations and agreements re2 ferred to in this section. 

3 This title may be cited as the ‘‘Department of Com4 merce Appropriations Act, 2009’’. 

5 TITLE II 

6 DEPARTMENT OF JUSTICE 

7 GENERAL ADMINISTRATION

8 SALARIES AND EXPENSES

9 For expenses necessary for the administration of the 

10 Department of Justice, $85,000,000, of which not to ex11 ceed $4,000,000 is for security and construction of De12 partment of Justice facilities, to remain available until ex13 pended: Provided, That the Attorney General is authorized 

14 to transfer funds appropriated within General Administra15 tion to any office in this account: Provided further, That 

16 no appropriations for any office within General Adminis17 tration shall be increased or decreased by more than 5 

18 percent by all such transfers: Provided further, That 

19 $10,000,000 is for Department Leadership; $7,664,000 is 

20 for Intergovernmental Relations/External Affairs; 

21 $11,832,000 is for Executive Support/Professional Re22 sponsibility; and $55,404,000 is for the Justice Manage23 ment Division: Provided further, That notice of any change 

24 in funding greater than 5 percent shall be submitted for 

25 approval to the House and Senate Committees on Appro-
25 

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1 priations consistent with the terms of section 505 of this 

2 Act: Provided further, That this transfer authority is in 

3 addition to transfers authorized under section 505 of this 

4 Act. 

5 JUSTICE INFORMATION SHARING TECHNOLOGY

6 For necessary expenses for information sharing tech7 nology, including planning, development, deployment and 

8 departmental direction, $86,000,000, to remain available 

9 until expended, of which not less than $21,000,000 is for 

10 the unified financial management system. 

11 TACTICAL LAW ENFORCEMENT WIRELESS

12 COMMUNICATIONS

13 For the costs of developing and implementing a na14 tion-wide Integrated Wireless Network supporting Federal 

15 law enforcement, and for the costs of operations and main16 tenance of existing Land Mobile Radio legacy systems, 

17 $121,651,000, to remain available until expended: Pro18 vided, That the Attorney General shall transfer to this ac19 count all funds made available to the Department of Jus20 tice for the purchase of portable and mobile radios: Pro21 vided further, That any transfer made under the preceding 

22 proviso shall be subject to section 505 of this Act. 

23 ADMINISTRATIVE REVIEW AND APPEALS

24 For expenses necessary for the administration of par25 don and clemency petitions and immigration-related activi26 ties, $268,791,000, of which $4,000,000 shall be derived 
26 

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1 by transfer from the Executive Office for Immigration Re2 view fees deposited in the ‘‘Immigration Examinations 

3 Fee’’ account: Provided, That $4,000,000 shall be ex4 pended on the Executive Office for Immigration Review’s 

5 Legal Orientation Programs. 

6 DETENTION TRUSTEE

7 For necessary expenses of the Federal Detention 

8 Trustee, $1,295,319,000, to remain available until ex9 pended: Provided, That the Trustee shall be responsible 

10 for managing the Justice Prisoner and Alien Transpor11 tation System: Provided further, That not to exceed 

12 $5,000,000 shall be considered ‘‘funds appropriated for 

13 State and local law enforcement assistance’’ pursuant to 

14 18 U.S.C. 4013(b). 

15 OFFICE OF INSPECTOR GENERAL

16 For necessary expenses of the Office of Inspector 

17 General, $75,681,000, including not to exceed $10,000 to 

18 meet unforeseen emergencies of a confidential character: 

19 Provided, That within 200 days of enactment of this Act, 

20 the Inspector General shall conduct an audit and issue a 

21 report to the Committees on Appropriations of all ex22 penses of the legislative and public affairs offices at each 

23 location of the Justice Department, its bureaus and agen24 cies, including but not limited to every field office and 

25 headquarters component; the audit shall include any and 

26 all expenses related to these activities. 
27 

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1 UNITED STATES PAROLE COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the United States Parole 

4 Commission as authorized, $12,570,000. 

5 LEGAL ACTIVITIES

6 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

7 For expenses necessary for the legal activities of the 

8 Department of Justice, not otherwise provided for, includ9 ing not to exceed $20,000 for expenses of collecting evi10 dence, to be expended under the direction of, and to be 

11 accounted for solely under the certificate of, the Attorney 

12 General; and rent of private or Government-owned space 

13 in the District of Columbia, $804,007,000, of which not 

14 to exceed $10,000,000 for litigation support contracts 

15 shall remain available until expended: Provided, That of 

16 the total amount appropriated, not to exceed $10,000 shall 

17 be available to the United States National Central Bu18 reau, INTERPOL, for official reception and representa19 tion expenses: Provided further, That notwithstanding sec20 tion 205 of this Act, upon a determination by the Attorney 

21 General that emergent circumstances require additional 

22 funding for litigation activities of the Civil Division, the 

23 Attorney General may transfer such amounts to ‘‘Salaries 

24 and Expenses, General Legal Activities’’ from available 

25 appropriations for the current fiscal year for the Depart-
28 

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1 ment of Justice, as may be necessary to respond to such 

2 circumstances: Provided further, That any transfer pursu3 ant to the previous proviso shall be treated as a re4 programming under section 505 of this Act and shall not 

5 be available for obligation or expenditure except in compli6 ance with the procedures set forth in that section: Pro7 vided further, That of the amount appropriated, such sums 

8 as may be necessary shall be available to reimburse the 

9 Office of Personnel Management for salaries and expenses 

10 associated with the Federal observer program under sec11 tion 8 of the Voting Rights Act (42 U.S.C. 1973f): Pro12 vided further, That of the amounts provided under this 

13 heading for the Federal observer program $3,390,000 

14 shall remain available until expended. 

15 In addition, for reimbursement of expenses of the De16 partment of Justice associated with processing cases 

17 under the National Childhood Vaccine Injury Act of 1986, 

18 not to exceed $7,833,000, to be appropriated from the 

19 Vaccine Injury Compensation Trust Fund. 

20 SALARIES AND EXPENSES, ANTITRUST DIVISION

21 For expenses necessary for the enforcement of anti22 trust and kindred laws, $150,591,000, to remain available 

23 until expended: Provided, That notwithstanding any other 

24 provision of law, fees collected for premerger notification 

25 filings under the Hart-Scott-Rodino Antitrust Improve26 ments Act of 1976 (15 U.S.C. 18a), regardless of the year 
29 

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1 of collection (and estimated to be $150,591,000 in fiscal 

2 year 2009), shall be retained and used for necessary ex3 penses in this appropriation, and shall remain available 

4 until expended: Provided further, That the sum herein ap5 propriated from the general fund shall be reduced as such 

6 offsetting collections are received during fiscal year 2009, 

7 so as to result in a final fiscal year 2009 appropriation 

8 from the general fund estimated at $0. 

9 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

10 For necessary expenses of the Offices of the United 

11 States Attorneys, including inter-governmental and coop12 erative agreements, $1,831,336,000: Provided, That of the 

13 total amount appropriated, not to exceed $8,000 shall be 

14 available for official reception and representation ex15 penses: Provided further, That not to exceed $25,000,000 

16 shall remain available until expended. 

17 UNITED STATES TRUSTEE SYSTEM FUND

18 For necessary expenses of the United States Trustee 

19 Program, as authorized, $217,416,000, to remain avail20 able until expended and to be derived from the United 

21 States Trustee System Fund: Provided, That notwith22 standing any other provision of law, deposits to the Fund 

23 shall be available in such amounts as may be necessary 

24 to pay refunds due depositors: Provided further, That, not25 withstanding any other provision of law, $160,000,000 of 

26 offsetting collections pursuant to 28 U.S.C. 589a(b) shall 
30 

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1 be retained and used for necessary expenses in this appro2 priation and shall remain available until expended: Pro3 vided further, That the sum herein appropriated from the 

4 Fund shall be reduced as such offsetting collections are 

5 received during fiscal year 2009, so as to result in a final 

6 fiscal year 2009 appropriation from the Fund estimated 

7 at $52,416,000. 

8 SALARIES AND EXPENSES, FOREIGN CLAIMS

9 SETTLEMENT COMMISSION

10 For expenses necessary to carry out the activities of 

11 the Foreign Claims Settlement Commission, including 

12 services as authorized by section 3109 of title 5, United 

13 States Code, $1,823,000. 

14 FEES AND EXPENSES OF WITNESSES

15 For fees and expenses of witnesses, for expenses of 

16 contracts for the procurement and supervision of expert 

17 witnesses, for private counsel expenses, including ad18 vances, and for expenses of foreign counsel, $168,300,000, 

19 to remain available until expended: Provided, That, not 

20 to exceed $10,000,000 may be made available for con21 struction of buildings for protected witness safesites: Pro22 vided further, That not to exceed $3,000,000 may be made 

23 available for the purchase and maintenance of armored 

24 and other vehicles for witness security caravans: Provided 

25 further, That not to exceed $9,000,000 may be made avail26 able for the purchase, installation, maintenance, and up-
31 

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1 grade of secure telecommunications equipment and a se2 cure automated information network to store and retrieve 

3 the identities and locations of protected witnesses. 

4 SALARIES AND EXPENSES, COMMUNITY RELATIONS

5 SERVICE

6 For necessary expenses of the Community Relations 

7 Service, $9,873,000: Provided, That notwithstanding sec8 tion 205 of this Act, upon a determination by the Attorney 

9 General that emergent circumstances require additional 

10 funding for conflict resolution and violence prevention ac11 tivities of the Community Relations Service, the Attorney 

12 General may transfer such amounts to the Community Re13 lations Service, from available appropriations for the cur14 rent fiscal year for the Department of Justice, as may be 

15 necessary to respond to such circumstances: Provided fur16 ther, That any transfer pursuant to the previous proviso 

17 shall be treated as a reprogramming under section 505 

18 of this Act and shall not be available for obligation or ex19 penditure except in compliance with the procedures set 

20 forth in that section. 

21 ASSETS FORFEITURE FUND

22 For expenses authorized by 28 U.S.C. 524(c)(1)(B), 

23 (F), and (G), $20,990,000, to be derived from the Depart24 ment of Justice Assets Forfeiture Fund. 
32 

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1 UNITED STATES MARSHALS SERVICE

2 SALARIES AND EXPENSES

3 For necessary expenses of the United States Mar4 shals Service, $968,117,000; of which not to exceed 

5 $30,000 shall be available for official reception and rep6 resentation expenses; of which not to exceed $4,000,000, 

7 including transfers from prior year unoglibated balances, 

8 shall be for information technology systems and shall re9 main available until expended; and of which not less than 

10 $12,625,000 shall be available for the costs of courthouse 

11 security equipment, including furnishings, relocations, and 

12 telephone systems and cabling, and shall remain available 

13 until expended; and of which not less than $2,304,000 

14 shall be available until expended for construction in space 

15 controlled, occupied or utilized by the United States Mar16 shals Service for prisoner holding and related support 

17 space. 

18 NATIONAL SECURITY DIVISION

19 SALARIES AND EXPENSES

20 For expenses necessary to carry out the activities of 

21 the National Security Division, $83,789,000; of which not 

22 to exceed $5,000,000 for information technology systems 

23 shall remain available until expended: Provided, That not24 withstanding section 205 of this Act, upon a determina25 tion by the Attorney General that emergent circumstances 
33 

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1 require additional funding for the activities of the National 

2 Security Division, the Attorney General may transfer such 

3 amounts to this heading from available appropriations for 

4 the current fiscal year for the Department of Justice, as 

5 may be necessary to respond to such circumstances: Pro6 vided further, That any transfer pursuant to the previous 

7 proviso shall be treated as a reprogramming under section 

8 505 of this Act and shall not be available for obligation 

9 or expenditure except in compliance with the procedures 

10 set forth in that section. 

11 INTERAGENCY LAW ENFORCEMENT

12 INTERAGENCY CRIME AND DRUG ENFORCEMENT

13 For necessary expenses for the identification, inves14 tigation, and prosecution of individuals associated with the 

15 most significant drug trafficking and affiliated money 

16 laundering organizations not otherwise provided for, to in17 clude inter-governmental agreements with State and local 

18 law enforcement agencies engaged in the investigation and 

19 prosecution of individuals involved in organized crime drug 

20 trafficking, $511,741,000, of which $50,000,000 shall re21 main available until expended: Provided, That any 

22 amounts obligated from appropriations under this heading 

23 may be used under authorities available to the organiza24 tions reimbursed from this appropriation. 
34 

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1 FEDERAL BUREAU OF INVESTIGATION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Federal Bureau of In4 vestigation for detection, investigation, and prosecution of 

5 crimes against the United States; $7,085,140,000; of 

6 which not to exceed $150,000,000 shall remain available 

7 until expended; and of which $2,725,450,000 shall be for 

8 counterterrorism investigations, foreign counterintel9 ligence, and other activities related to national security: 

10 Provided, That not to exceed $205,000 shall be available 

11 for official reception and representation expenses. 

12 CONSTRUCTION

13 For necessary expenses to construct or acquire build14 ings and sites by purchase, or as otherwise authorized by 

15 law (including equipment for such buildings); conversion 

16 and extension of federally-owned buildings; and prelimi17 nary planning and design of projects; $184,991,000, to 

18 remain available until expended. 

19 DRUG ENFORCEMENT ADMINISTRATION

20 SALARIES AND EXPENSES

21 For necessary expenses of the Drug Enforcement Ad22 ministration, including not to exceed $70,000 to meet un23 foreseen emergencies of a confidential character pursuant 

24 to 28 U.S.C. 530C; and expenses for conducting drug edu25 cation and training programs, including travel and related 

26 expenses for participants in such programs and the dis-
35 

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1 tribution of items of token value that promote the goals 

2 of such programs, $1,954,384,000; of which not to exceed 

3 $75,000,000 shall remain available until expended; and of 

4 which not to exceed $100,000 shall be available for official 

5 reception and representation expenses. 

6 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND

7 EXPLOSIVES

8 SALARIES AND EXPENSES

9 For necessary expenses of the Bureau of Alcohol, To10 bacco, Firearms and Explosives, including the purchase of 

11 not to exceed 822 vehicles for police-type use, of which 

12 650 shall be for replacement only; not to exceed $40,000 

13 for official reception and representation expenses; for 

14 training of State and local law enforcement agencies with 

15 or without reimbursement, including training in connec16 tion with the training and acquisition of canines for explo17 sives and fire accelerants detection; and for provision of 

18 laboratory assistance to State and local law enforcement 

19 agencies, with or without reimbursement, $1,042,814,000, 

20 of which not to exceed $1,000,000 shall be available for 

21 the payment of attorneys’ fees as provided by section 

22 924(d)(2) of title 18, United States Code; and of which 

23 not to exceed $20,000,000 shall remain available until ex24 pended: Provided, That no funds appropriated herein shall 

25 be available for salaries or administrative expenses in con-
36 

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1 nection with consolidating or centralizing, within the De2 partment of Justice, the records, or any portion thereof, 

3 of acquisition and disposition of firearms maintained by 

4 Federal firearms licensees: Provided further, That no 

5 funds appropriated herein shall be used to pay administra6 tive expenses or the compensation of any officer or em7 ployee of the United States to implement an amendment 

8 or amendments to 27 CFR 478.118 or to change the defi9 nition of ‘‘Curios or relics’’ in 27 CFR 478.11 or remove 

10 any item from ATF Publication 5300.11 as it existed on 

11 January 1, 1994: Provided further, That none of the funds 

12 appropriated herein shall be available to investigate or act 

13 upon applications for relief from Federal firearms disabil14 ities under 18 U.S.C. 925(c): Provided further, That such 

15 funds shall be available to investigate and act upon appli16 cations filed by corporations for relief from Federal fire17 arms disabilities under section 925(c) of title 18, United 

18 States Code: Provided further, That no funds made avail19 able by this or any other Act may be used to transfer the 

20 functions, missions, or activities of the Bureau of Alcohol, 

21 Tobacco, Firearms and Explosives to other agencies or 

22 Departments in fiscal year 2009: Provided further, That, 

23 beginning in fiscal year 2009 and thereafter, no funds ap24 propriated under this or any other Act may be used to 

25 disclose part or all of the contents of the Firearms Trace 
37 

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1 System database maintained by the National Trace Center 

2 of the Bureau of Alcohol, Tobacco, Firearms and Explo3 sives or any information required to be kept by licensees 

4 pursuant to section 923(g) of title 18, United States Code, 

5 or required to be reported pursuant to paragraphs (3) and 

6 (7) of such section 923(g), except to: (1) a Federal, State, 

7 local, tribal, or foreign law enforcement agency, or a Fed8 eral, State, or local prosecutor, solely in connection with 

9 and for use in a criminal investigation or prosecution; or 

10 (2) a Federal agency for a national security or intelligence 

11 purpose; and all such data shall be immune from legal 

12 process, shall not be subject to subpoena or other dis13 covery, shall be inadmissible in evidence, and shall not be 

14 used, relied on, or disclosed in any manner, nor shall testi15 mony or other evidence be permitted based on the data, 

16 in a civil action in any State (including the District of 

17 Columbia) or Federal court or in an administrative pro18 ceeding other than a proceeding commenced by the Bu19 reau of Alcohol, Tobacco, Firearms and Explosives to en20 force the provisions of chapter 44 of such title, or a review 

21 of such an action or proceeding; except that this proviso 

22 shall not be construed to prevent: (A) the disclosure of 

23 statistical information concerning total production, impor24 tation, and exportation by each licensed importer (as de25 fined in section 921(a)(9) of such title) and licensed man-
38 

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1 ufacturer (as defined in section 921(a)(10) of such title); 

2 (B) the sharing or exchange of such information among 

3 and between Federal, State, local, or foreign law enforce4 ment agencies, Federal, State, or local prosecutors, and 

5 Federal national security, intelligence, or counterterrorism 

6 officials; or (C) the publication of annual statistical re7 ports on products regulated by the Bureau of Alcohol, To8 bacco, Firearms and Explosives, including total produc9 tion, importation, and exportation by each licensed im10 porter (as so defined) and licensed manufacturer (as so 

11 defined), or statistical aggregate data regarding firearms 

12 traffickers and trafficking channels, or firearms misuse, 

13 felons, and trafficking investigations: Provided further, 

14 That no funds made available by this or any other Act 

15 shall be expended to promulgate or implement any rule 

16 requiring a physical inventory of any business licensed 

17 under section 923 of title 18, United States Code: Pro18 vided further, That no funds under this Act may be used 

19 to electronically retrieve information gathered pursuant to 

20 18 U.S.C. 923(g)(4) by name or any personal identifica21 tion code: Provided further, That no funds authorized or 

22 made available under this or any other Act may be used 

23 to deny any application for a license under section 923 

24 of title 18, United States Code, or renewal of such a li25 cense due to a lack of business activity, provided that the 
39 

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1 applicant is otherwise eligible to receive such a license, and 

2 is eligible to report business income or to claim an income 

3 tax deduction for business expenses under the Internal 

4 Revenue Code of 1986. 

5 FEDERAL PRISON SYSTEM

6 SALARIES AND EXPENSES

7 For necessary expenses of the Federal Prison System 

8 for the administration, operation, and maintenance of 

9 Federal penal and correctional institutions, including pur10 chase (not to exceed 810, of which 766 are for replacement 

11 only) and hire of law enforcement and passenger motor 

12 vehicles, and for the provision of technical assistance and 

13 advice on corrections related issues to foreign govern14 ments, $5,435,754,000: Provided, That the Attorney Gen15 eral may transfer to the Health Resources and Services 

16 Administration such amounts as may be necessary for di17 rect expenditures by that Administration for medical relief 

18 for inmates of Federal penal and correctional institutions: 

19 Provided further, That the Director of the Federal Prison 

20 System, where necessary, may enter into contracts with 

21 a fiscal agent or fiscal intermediary claims processor to 

22 determine the amounts payable to persons who, on behalf 

23 of the Federal Prison System, furnish health services to 

24 individuals committed to the custody of the Federal Prison 

25 System: Provided further, That not to exceed $6,000 shall 
40 

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1 be available for official reception and representation ex2 penses: Provided further, That not to exceed $50,000,000 

3 shall remain available for necessary operations until Sep4 tember 30, 2010: Provided further, That, of the amounts 

5 provided for contract confinement, not to exceed 

6 $20,000,000 shall remain available until expended to 

7 make payments in advance for grants, contracts and reim8 bursable agreements, and other expenses authorized by 

9 section 501(c) of the Refugee Education Assistance Act 

10 of 1980 (8 U.S.C. 1522 note), for the care and security 

11 in the United States of Cuban and Haitian entrants: Pro12 vided further, That the Director of the Federal Prison Sys13 tem may accept donated property and services relating to 

14 the operation of the prison card program from a not-for15 profit entity which has operated such program in the past 

16 notwithstanding the fact that such not-for-profit entity 

17 furnishes services under contracts to the Federal Prison 

18 System relating to the operation of pre-release services, 

19 halfway houses, or other custodial facilities. 

20 BUILDINGS AND FACILITIES

21 For planning, acquisition of sites and construction of 

22 new facilities; purchase and acquisition of facilities and re23 modeling, and equipping of such facilities for penal and 

24 correctional use, including all necessary expenses incident 

25 thereto, by contract or force account; and constructing, 

26 remodeling, and equipping necessary buildings and facili-
41 

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1 ties at existing penal and correctional institutions, includ2 ing all necessary expenses incident thereto, by contract or 

3 force account, $535,807,000, to remain available until ex4 pended, of which not to exceed $14,000,000 shall be avail5 able to construct areas for inmate work programs: Pro6 vided, That labor of United States prisoners may be used 

7 for work performed under this appropriation. 

8 FEDERAL PRISON INDUSTRIES, INCORPORATED

9 The Federal Prison Industries, Incorporated, is here10 by authorized to make such expenditures, within the limits 

11 of funds and borrowing authority available, and in accord 

12 with the law, and to make such contracts and commit13 ments, without regard to fiscal year limitations as pro14 vided by section 9104 of title 31, United States Code, as 

15 may be necessary in carrying out the program set forth 

16 in the budget for the current fiscal year for such corpora17 tion, including purchase (not to exceed five for replace18 ment only) and hire of passenger motor vehicles. 

19 LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL

20 PRISON INDUSTRIES, INCORPORATED

21 Not to exceed $2,328,000 of the funds of the Federal 

22 Prison Industries, Incorporated shall be available for its 

23 administrative expenses, and for services as authorized by 

24 section 3109 of title 5, United States Code, to be com25 puted on an accrual basis to be determined in accordance 

26 with the corporation’s current prescribed accounting sys-
42 

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1 tem, and such amounts shall be exclusive of depreciation, 

2 payment of claims, and expenditures which such account3 ing system requires to be capitalized or charged to cost 

4 of commodities acquired or produced, including selling and 

5 shipping expenses, and expenses in connection with acqui6 sition, construction, operation, maintenance, improvement, 

7 protection, or disposition of facilities and other property 

8 belonging to the corporation or in which it has an interest. 

9 STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES

10 OFFICE ON VIOLENCE AGAINST WOMEN

11 VIOLENCE AGAINST WOMEN PREVENTION AND

12 PROSECUTION PROGRAMS

13 For grants, contracts, cooperative agreements, and 

14 other assistance for the prevention and prosecution of vio15 lence against women, as authorized by the Omnibus Crime 

16 Control and Safe Streets Act of 1968 (42 U.S.C. 3711 

17 et seq.) (‘‘the 1968 Act’’); the Violent Crime Control and 

18 Law Enforcement Act of 1994 (Public Law 103–322) 

19 (‘‘the 1994 Act’’); the Victims of Child Abuse Act of 1990 

20 (Public Law 101–647) (‘‘the 1990 Act’’); the Prosecu21 torial Remedies and Other Tools to end the Exploitation 

22 of Children Today Act of 2003 (Public Law 108–21); the 

23 Juvenile Justice and Delinquency Prevention Act of 1974 

24 (42 U.S.C. 5601 et seq.) (‘‘the 1974 Act’’); the Victims 

25 of Trafficking and Violence Protection Act of 2000 (Public 
43 

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1 Law 106–386) (‘‘the 2000 Act’’); and the Violence 

2 Against Women and Department of Justice Reauthoriza3 tion Act of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); 

4 $415,000,000, including amounts for administrative costs, 

5 to remain available until expended: Provided, That except 

6 as otherwise provided by law, not to exceed 3 percent of 

7 funds made available under this heading may be used for 

8 expenses related to evaluation, training, and technical as9 sistance: Provided further, That of the amount provided— 

10 (1) $15,000,000 for the court-appointed special 

11 advocate program, as authorized by section 217 of 

12 the 1990 Act; 

13 (2) $2,350,000 for child abuse training pro14 grams for judicial personnel and practitioners, as 

15 authorized by section 222 of the 1990 Act; 

16 (3) $185,000,000 for grants to combat violence 

17 against women, as authorized by part T of the 1968 

18 Act, of which— 

19 (A) $17,390,000 shall be for transitional 

20 housing assistance grants for victims of domes21 tic violence, stalking or sexual assault as au22 thorized by section 40299 of the 1994 Act; and 

23 (B) $1,880,000 shall be for the National 

24 Institute of Justice for research and evaluation 

25 of violence against women and related issues 
44 

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1 addressed by grant programs of the Office on 

2 Violence Against Women; 

3 (4) $59,000,000 for grants to encourage arrest 

4 policies as authorized by part U of the 1968 Act; 

5 (5) $12,000,000 for sexual assault victims as6 sistance, as authorized by section 202 of the 2005 

7 Act; 

8 (6) $42,000,000 for rural domestic violence and 

9 child abuse enforcement assistance grants, as au10 thorized by section 40295 of the 1994 Act; 

11 (7) $5,000,000 for training programs as au12 thorized by section 40152 of the 1994 Act, and for 

13 related local demonstration projects; 

14 (8) $3,030,000 for grants to improve the stalk15 ing and domestic violence databases, as authorized 

16 by section 40602 of the 1994 Act; 

17 (9) $9,400,000 for grants to reduce violent 

18 crimes against women on campus, as authorized by 

19 section 304 of the 2005 Act; 

20 (10) $42,000,000 for legal assistance for vic21 tims, as authorized by section 1201 of the 2000 Act; 

22 (11) $4,500,000 for enhancing protection for 

23 older and disabled women from domestic violence 

24 and sexual assault, as authorized by section 40802 

25 of the 1994 Act; 
45 

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1 (12) $14,000,000 for the safe havens for chil2 dren program, as authorized by section 1301 of the 

3 2000 Act; 

4 (13) $6,580,000 for education and training to 

5 end violence against and abuse of women with dis6 abilities, as authorized by section 1402 of the 2000 

7 Act; 

8 (14) $2,500,000 for an engaging men and 

9 youth in prevention program, as authorized by the 

10 2005 Act; 

11 (15) $940,000 for analysis and research on vio12 lence against Indian women, as authorized by sec13 tion 904 of the 2005 Act; 

14 (16) $940,000 for tracking of violence against 

15 Indian women, as authorized by section 905 of the 

16 2005 Act; 

17 (17) $2,820,000 for services to advocate and 

18 respond to youth, as authorized by section 401 of 

19 the 2005 Act; 

20 (18) $2,770,000 for grants to assist children 

21 and youth exposed to violence, as authorized by sec22 tion 303 of the 2005 Act; 

23 (19) $2,820,000 for the court training and im24 provements program, as authorized by section 105 

25 of the 2005 Act; 
46 

S 3182 PCS 

1 (20) $940,000 for grants for televised testi2 mony, as authorized by part N of the 1968 Act; and 

3 (21) $940,000 for the National Resource Cen4 ter on Workplace Responses to assist victims of do5 mestic violence, as authorized by section 41501 of 

6 the 1994 Act. 

7 OFFICE OF JUSTICE PROGRAMS

8 JUSTICE ASSISTANCE

9 For grants, contracts, cooperative agreements, and 

10 other assistance authorized by title I of the Omnibus 

11 Crime Control and Safe Streets Act of 1968; the Missing 

12 Children’s Assistance Act (42 U.S.C. 5771 et seq.); the 

13 Prosecutorial Remedies and Other Tools to end the Ex14 ploitation of Children Today Act of 2003 (Public Law 

15 108–21); the Justice for All Act of 2004 (Public Law 

16 108–405); the Violence Against Women and Department 

17 of Justice Reauthorization Act of 2005 (Public Law 109– 

18 162); the Victims of Crime Act of 1984 (Public Law 98– 

19 473); the Adam Walsh Child Protection and Safety Act 

20 of 2006 (Public Law 109–248); subtitle D of title II of 

21 the Homeland Security Act of 2002 (Public Law 107– 

22 296), which may include research and development; and 

23 other programs (including Statewide Automated Victims 

24 Notification Program); including salaries and expenses in 

25 connection therewith, $240,000,000: Provided, That not 
47 

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1 to exceed $127,915,000 shall be expended in total for Of2 fice of Justice Programs management and administration: 

3 Provided further, That section 1404(c)(3)(E)(i) of the Vic4 tims of Crime Act of 1984, as amended (42 U.S.C. 10603) 

5 is amended after ‘‘internships’’ by inserting ‘‘and for 

6 grants under subparagraphs (1)(A) and (B), pursuant to 

7 rules or guidelines that generally establish a publicly-an8 nounced, competitive process’’. 

9 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

10 (INCLUDING TRANSFER OF FUNDS)

11 For grants, contracts, cooperative agreements, and 

12 other assistance authorized by the Violent Crime Control 

13 and Law Enforcement Act of 1994 (Public Law 103–322) 

14 (‘‘the 1994 Act’’); the Omnibus Crime Control and Safe 

15 Streets Act of 1968 (‘‘the 1968 Act’’); the Justice for All 

16 Act of 2004 (Public Law 108–405); the Victims of Child 

17 Abuse Act of 1990 (Public Law 101–647) (‘‘the 1990 

18 Act’’); the Trafficking Victims Protection Reauthorization 

19 Act of 2005 (Public Law 109–164); the Violence Against 

20 Women and Department of Justice Reauthorization Act 

21 of 2005 (Public Law 109–162); the Adam Walsh Child 

22 Protection and Safety Act of 2006 (Public Law 109–248); 

23 the Second Chance Act of 2007 (Public Law 110–199); 

24 and the Victims of Trafficking and Violence Protection 

25 Act of 2000 (Public Law 106–386); and other programs; 

26 $1,387,000,000 (including amounts for administrative 
48 

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1 costs, which shall be transferred to and merged with the 

2 ‘‘Justice Assistance’’ account), to remain available until 

3 expended as follows: 

4 (1) $580,000,000 for the Edward Byrne Memo5 rial Justice Assistance Grant program as authorized 

6 by subpart 1 of part E of title I of the 1968 Act, 

7 (except that section 1001(c), and the special rules 

8 for Puerto Rico under section 505(g), of the 1968 

9 Act, shall not apply for purposes of this Act), of 

10 which $5,000,000 is for use by the National Insti11 tute of Justice in assisting units of local government 

12 to identify, select, develop, modernize, and purchase 

13 new technologies for use by law enforcement and 

14 $2,000,000 is for a program to improve State and 

15 local law enforcement intelligence capabilities includ16 ing antiterrorism training and training to ensure 

17 that constitutional rights, civil liberties, civil rights, 

18 and privacy interests are protected throughout the 

19 intelligence process; 

20 (2) $400,000,000 for the State Criminal Alien 

21 Assistance Program, as authorized by section 

22 241(i)(5) of the Immigration and Nationality Act (8 

23 U.S.C. 1231(i)(5)), of which $25,000,000 is for the 

24 Southwest Border Prosecutor Initiative to reimburse 

25 State, county, parish, tribal or municipal govern-
49 

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1 ments only for the costs associated with the prosecu2 tion of criminal cases declined by local United States 

3 Attorneys Offices, $10,000,000 for the Northern 

4 Border Prosecutor Initiative to reimburse State, 

5 county, parish, tribal or municipal governments only 

6 for the costs associated with the prosecution of 

7 criminal cases declined by local United States Attor8 neys Offices and $10,000,000 for the Southeast 

9 Border Prosecutor Initiative to reimburse State, 

10 county, parish, tribal or municipal governments only 

11 for the costs associated with the prosecution of 

12 criminal cases declined by local United States Attor13 neys Offices; 

14 (3) $20,000,000 for grants as authorized by 

15 sections 101 and 211 of Public Law 110–199; 

16 (4) $190,000,000 for discretionary grants to 

17 improve the functioning of the criminal justice sys18 tem and to assist victims of crime (other than com19 pensation): Provided, That these amounts are for 

20 making grants only in accordance with the terms 

21 and conditions specified in the report accompanying 

22 this Act; 

23 (5) $40,000,000 for competitive grants to im24 prove the functioning of the criminal justice system 
50 

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1 and to assist victims of crime (other than compensa2 tion); 

3 (6) $2,000,000 for the purposes described in 

4 the Missing Alzheimer’s Disease Patient Alert Pro5 gram (section 240001(c) of the 1994 Act); 

6 (7) $10,000,000 for victim services programs 

7 for victims of trafficking, as authorized by section 

8 107(b)(2) of Public Law 106–386 and for programs 

9 authorized under Public Law 109–164; 

10 (8) $30,000,000 for Drug Courts, as authorized 

11 by section 1001(25)(A) of title I of the 1968 Act; 

12 (9) $3,000,000 for a prescription drug moni13 toring program; 

14 (10) $5,000,000 for prison rape prevention and 

15 prosecution and other programs, as authorized by 

16 the Prison Rape Elimination Act of 2003 (Public 

17 Law 108–79) including statistics, data, and re18 search, of which $1,692,000 shall be available to the 

19 National Prison Rape Elimination Commission for 

20 authorized activities; 

21 (11) $30,000,000 for assistance to Indian 

22 tribes, of which— 

23 (A) $15,000,000 shall be available for 

24 grants under section 20109 of subtitle A of title 

25 II of the 1994 Act; 
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1 (B) $9,000,000 shall be available for the 

2 Tribal Courts Initiative; and 

3 (C) $6,000,000 shall be available for tribal 

4 alcohol and substance abuse reduction assist5 ance grants; 

6 (12) $10,000,000 for the Capital Litigation Im7 provement Grant Program as authorized by section 

8 426 of Public Law 108–405; 

9 (13) $12,000,000 for mental health courts and 

10 adult and juvenile collaboration program grants, as 

11 authorized by parts V and HH of title I of the 1968 

12 Act; and 

13 (14) $10,000,000 for grants for residential sub14 stance abuse treatment for State prisoners, as au15 thorized by part S of the 1968 Act: 

16 Provided, That, if a unit of local government uses any of 

17 the funds made available under this heading to increase 

18 the number of law enforcement officers, the unit of local 

19 government will achieve a net gain in the number of law 

20 enforcement officers who perform nonadministrative pub21 lic safety service. 

22 WEED AND SEED

23 For necessary expenses, including salaries and re24 lated expenses of the Office of Weed and Seed Strategies, 

25 to implement ‘‘Weed and Seed’’ programs activities, 

26 $25,000,000, to remain available until expended as au-
52 

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1 thorized by section 103 of the Omnibus Crime Control and 

2 Safe Street Act of 1968. 

3 JUVENILE JUSTICE PROGRAMS

4 (INCLUDING TRANSFER OF FUNDS)

5 For grants, contracts, cooperative agreements, and 

6 other assistance authorized by the Juvenile Justice and 

7 Delinquency Prevention Act of 1974 (‘‘the 1974 Act’’), the 

8 Omnibus Crime Control and Safe Streets Act of 1968 

9 (‘‘the 1968 Act’’), the Violence Against Women and De10 partment of Justice Reauthorization Act of 2005 (Public 

11 Law 109–162), and other juvenile justice programs, in12 cluding salaries and expenses in connection therewith to 

13 be transferred to and merged with the appropriations for 

14 Justice Assistance, $400,000,000, to remain available 

15 until expended as follows: 

16 (1) $500,000 for concentration of Federal ef17 forts, as authorized by section 204 of the 1974 Act; 

18 (2) $74,500,000 for programs authorized by 

19 section 221 of the 1974 Act, and for training and 

20 technical assistance to assist small, non-profit orga21 nizations with the Federal grants process; 

22 (3) $65,000,000 for grants and projects, as au23 thorized by sections 261 and 262 of the 1974 Act: 

24 Provided, That these amounts are for making grants 

25 only in accordance with the terms and conditions 

26 specified in the report accompanying this Act; 
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1 (4) $80,000,000 for youth mentoring grants; 

2 (5) $65,000,000 for delinquency prevention, as 

3 authorized by section 505 of the 1974 Act, of which, 

4 pursuant to sections 261 and 262 thereof— 

5 (A) $15,000,000 shall be for the Tribal 

6 Youth Program; 

7 (B) $10,000,000 shall be for a gang resist8 ance education and training program; and 

9 (C) $25,000,000 shall be for grants of 

10 $360,000 to each State and $4,840,000 shall be 

11 available for discretionary grants, for programs 

12 and activities to enforce State laws prohibiting 

13 the sale of alcoholic beverages to minors or the 

14 purchase or consumption of alcoholic beverages 

15 by minors, for prevention and reduction of con16 sumption of alcoholic beverages by minors, and 

17 for technical assistance and training; 

18 (6) $10,000,000 for expenses authorized by 

19 part AA of the 1968 Act (Secure Our Schools); 

20 (7) $25,000,000 for programs authorized by 

21 the Victims of Child Abuse Act of 1990; and 

22 (8) $80,000,000 for the Juvenile Accountability 

23 Block Grants program as authorized by part R of 

24 the 1968 Act and Guam shall be considered a State: 

25 Provided, That not more than 10 percent of each 
54 

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1 amount may be used for research, evaluation, and 

2 statistics activities designed to benefit the programs 

3 or activities authorized: Provided further, That not 

4 more than 2 percent of each amount may be used 

5 for training and technical assistance: Provided fur6 ther, That the previous two provisos shall not apply 

7 to grants and projects authorized by sections 261 

8 and 262 of the 1974 Act. 

9 PUBLIC SAFETY OFFICERS BENEFITS

10 For payments and expenses authorized by part L of 

11 title I of the Omnibus Crime Control and Safe Streets Act 

12 of 1968 (42 U.S.C. 3796), such sums as are necessary, 

13 as authorized by section 6093 of Public Law 100–690 

14 (102 Stat. 4339–4340) (including amounts for adminis15 trative costs, which amounts shall be paid to the ‘‘Justice 

16 Assistance’’ account), to remain available until expended; 

17 and $5,000,000 for payments authorized by section 

18 1201(b) of such Act; and $4,100,000 for educational as19 sistance, as authorized by section 1212 of such Act. 

20 COMMUNITY ORIENTED POLICING SERVICES

21 (INCLUDING TRANSFER OF FUNDS)

22 For activities authorized by the Violent Crime Con23 trol and Law Enforcement Act of 1994 (Public Law 103– 

24 322); the Omnibus Crime Control and Safe Streets Act 

25 of 1968 (‘‘the 1968 Act’’); the Violence Against Women 

26 and Department of Justice Reauthorization Act of 2005 
55 

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1 (Public Law 109–162); subtitle D of title II of the Home2 land Security Act of 2002 (Public Law 107–296), which 

3 may include research and development; and the USA PA4 TRIOT Improvement and Reauthorization Act of 2005 

5 (Public Law 109–177) (including administrative costs), 

6 $600,000,000, to remain available until expended: Pro7 vided, That of the funds under this heading, not to exceed 

8 $2,575,000 shall be available for the Office of Justice Pro9 grams for reimbursable services associated with programs 

10 administered by the Community Oriented Policing Serv11 ices Office: Provided further, That the Attorney General 

12 shall waive in whole the matching requirement under sec13 tion 1701(g) of the Omnibus Crime Control and Safe 

14 Streets Act of 1968 (42 U.S.C. 3796dd(g)) for any grant 

15 recipient located in a county or parish in which the Presi16 dent declared a major disaster (as that term is defined 

17 in section 102 of the Robert T. Stafford Disaster Relief 

18 and Emergency Assistance Act (42 U.S.C. 5122)) in re19 sponse to Hurricane Katrina of 2005 or Hurricane Rita 

20 of 2005: Provided further, That any balances made avail21 able through prior year deobligations shall only be avail22 able in accordance with section 505 of this Act. Of the 

23 amount provided (which shall be by transfer, for programs 

24 administered by the Office of Justice Programs)— 
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1 (1) $25,850,000 is for the matching grant pro2 gram for armor vests for law enforcement officers, 

3 as authorized by section 2501 of the 1968 Act: Pro4 vided, That $1,880,000 is transferred directly to the 

5 National Institute of Standards and Technology’s 

6 Office of Law Enforcement Standards from the 

7 Community Oriented Policing Services Office for re8 search, testing, and evaluation programs: Provided 

9 further, That section 2501(f) of part Y of title I of 

10 the Omnibus Crime Control and Safe Streets Act of 

11 1968 (42 U.S.C. 3796ll(f) is amended by inserting 

12 at the end the following: 

13 ‘‘(3) WAIVER.—The Director may waive in 

14 whole or in part, the requirement of paragraph (1) 

15 in the case of fiscal hardship, as determined by the 

16 Director.’’; 

17 (2) $61,187,000 is for grants to entities de18 scribed in section 1701 of the 1968 Act, to address 

19 public safety and methamphetamine manufacturing, 

20 sale, and use in hot spots as authorized by section 

21 754 of Public Law 109–177 and for other anti22 methaphetamine-related activities: Provided, That 

23 these amounts are for making grants only in accord24 ance with the terms and conditions specified in the 

25 report accompanying this Act; 
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1 (3) $110,000,000 is for a law enforcement tech2 nologies and interoperable communications program, 

3 and related law enforcement and public safety equip4 ment: Provided, That these amounts are for making 

5 grants only in accordance with the terms and condi6 tions specified in the report accompanying this Act; 

7 (4) $5,960,000 is for grants to upgrade crimi8 nal records, as authorized under the Crime Identi9 fication Technology Act of 1998 (42 U.S.C. 14601); 

10 (5) $180,963,000 is for DNA related and foren11 sic programs and activities as follows: 

12 (A) $151,000,000 for a DNA analysis and 

13 capacity enhancement program including the 

14 purposes of section 2 of the DNA Analysis 

15 Backlog Elimination Act of 2000, as amended 

16 by the Debbie Smith Act of 2004, and further 

17 amended by Public Law 109–162; 

18 (B) $5,000,000 for the purposes described 

19 in the Kirk Bloodsworth Post-Conviction DNA 

20 Testing Program (Public Law 108–405, section 

21 412): Provided, That unobligated funds appro22 priated in fiscal years 2006 and 2007 for 

23 grants as authorized under sections 412 and 

24 413 of the foregoing public law are hereby 
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1 made available, instead, for the purposes here 

2 specified; 

3 (C) $10,983,000 to reduce the turn4 around-time for the analysis of DNA evidence; 

5 (D) $6,000,000 for DNA Training and 

6 Education for Law Enforcement, Correctional 

7 Personnel, and Court Officers as authorized by 

8 Public 108–405 section 303; 

9 (E) $5,000,000 for DNA Research and 

10 Development as authorized by Public Law 108– 

11 405 section 305; and 

12 (F)$3,000,000 for the DNA Identification 

13 of Missing Persons as authorized by Public Law 

14 108–405 section 308; 

15 (6) $15,040,000 is for improving tribal law en16 forcement, including equipment and training; 

17 (7) $20,000,000 is for programs to reduce gun 

18 crime and gang violence; 

19 (8) $6,000,000 is for training and technical as20 sistance; 

21 (9) $40,000,000 is for Paul Coverdell Forensic 

22 Sciences Improvement Grants under part BB of title 

23 I of the 1968 Act; 

24 (10) not to exceed $30,000,000 is for program 

25 management and administration; 
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1 (11) $50,000,000 is for grants under section 

2 1701 of title I of the 1968 Act (42 U.S.C. 3796dd) 

3 for the hiring and rehiring of additional career law 

4 enforcement officers under part Q of such title not5 withstanding subsection (i) of such section; and 

6 (12) $55,000,000 is for a national grant pro7 gram the purpose of which is to assist State and 

8 local law enforcement to locate, arrest and prosecute 

9 child sexual predators and exploiters, and to enforce 

10 State offender registration laws described in section 

11 1701(b) of the 1968 Act, of which: 

12 (A) $5,000,000 is for sex offender manage13 ment assistance as authorized by the Adam 

14 Walsh Child Protection and Safety Act of 2006 

15 (Public Law 109–162), and the Violent Crime 

16 Control Act of 1994 (Public Law 103–322); 

17 and 

18 (B) $2,000,000 is for the National Sex Of19 fender Public Registry. 

20 GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

21 SEC. 201. In addition to amounts otherwise made 

22 available in this title for official reception and representa23 tion expenses, a total of not to exceed $50,000 from funds 

24 appropriated to the Department of Justice in this title 
60 

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1 shall be available to the Attorney General for official re2 ception and representation expenses. 

3 SEC. 202. None of the funds appropriated by this 

4 title shall be available to pay for an abortion, except where 

5 the life of the mother would be endangered if the fetus 

6 were carried to term, or in the case of rape: Provided, 

7 That should this prohibition be declared unconstitutional 

8 by a court of competent jurisdiction, this section shall be 

9 null and void. 

10 SEC. 203. None of the funds appropriated under this 

11 title shall be used to require any person to perform, or 

12 facilitate in any way the performance of, any abortion. 

13 SEC. 204. Nothing in the preceding section shall re14 move the obligation of the Director of the Bureau of Pris15 ons to provide escort services necessary for a female in16 mate to receive such service outside the Federal facility: 

17 Provided, That nothing in this section in any way dimin18 ishes the effect of section 203 intended to address the phil19 osophical beliefs of individual employees of the Bureau of 

20 Prisons. 

21 SEC. 205. Not to exceed 5 percent of any appropria22 tion made available for the current fiscal year for the De23 partment of Justice in this Act may be transferred be24 tween such appropriations, but no such appropriation, ex25 cept as otherwise specifically provided, shall be increased 
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1 by more than 10 percent by any such transfers: Provided, 

2 That any transfer pursuant to this section shall be treated 

3 as a reprogramming of funds under section 505 of this 

4 Act and shall not be available for obligation except in com5 pliance with the procedures set forth in that section: Pro6 vided further, That none of the funds appropriated to 

7 ‘‘Buildings and Facilities, Federal Prison System’’ in this 

8 or any other Act may be transferred to ‘‘Salaries and Ex9 penses, Federal Prison System’’, or any other Department 

10 of Justice account, unless the President certifies that such 

11 a transfer is necessary to the national security interests 

12 of the United States, and such authority shall not be dele13 gated, and shall be subject to section 505 of this Act. 

14 SEC. 206. The Attorney General is authorized to ex15 tend through September 30, 2010, the Personnel Manage16 ment Demonstration Project transferred to the Attorney 

17 General pursuant to section 1115 of the Homeland Secu18 rity Act of 2002, Public Law 107–296 (6 U.S.C. 533) 

19 without limitation on the number of employees or the posi20 tions covered. 

21 SEC. 207. Notwithstanding any other provision of 

22 law, Public Law 102–395 section 102(b) shall extend to 

23 the Bureau of Alcohol, Tobacco, Firearms and Explosives 

24 in the conduct of undercover investigative operations and 

25 shall apply without fiscal year limitation with respect to 
62 

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1 any undercover investigative operation initiated by the Bu2 reau of Alcohol, Tobacco, Firearms and Explosives that 

3 is necessary for the detection and prosecution of crimes 

4 against the United States. 

5 SEC. 208. None of the funds made available to the 

6 Department of Justice in this Act may be used for the 

7 purpose of transporting an individual who is a prisoner 

8 pursuant to conviction for crime under State or Federal 

9 law and is classified as a maximum or high security pris10 oner, other than to a prison or other facility certified by 

11 the Federal Bureau of Prisons as appropriately secure for 

12 housing such a prisoner. 

13 SEC. 209. (a) None of the funds appropriated by this 

14 Act may be used by Federal prisons to purchase cable tele15 vision services, to rent or purchase videocassettes, video16 cassette recorders, or other audiovisual or electronic equip17 ment used primarily for recreational purposes. 

18 (b) The preceding sentence does not preclude the 

19 renting, maintenance, or purchase of audiovisual or elec20 tronic equipment for inmate training, religious, or edu21 cational programs. 

22 SEC. 210. None of the funds made available under 

23 this title shall be obligated or expended for Sentinel, or 

24 for any other major new or enhanced information tech25 nology program having total estimated development costs 
63 

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1 in excess of $100,000,000, unless the Deputy Attorney 

2 General and the investment review board certify to the 

3 Committees on Appropriations that the information tech4 nology program has appropriate program management 

5 and contractor oversight mechanisms in place, and that 

6 the program is compatible with the enterprise architecture 

7 of the Department of Justice. 

8 SEC. 211. Any deviation from the amounts des9 ignated for specific activities in this Act and accompanying 

10 report, or any use of deobligated balances of funds pro11 vided under this title in previous years, shall be subject 

12 to the procedures set forth in section 505 of this Act. 

13 SEC. 212. None of the funds appropriated by this Act 

14 may be used to plan for, begin, continue, finish, process, 

15 or approve a public-private competition under the Office 

16 of Management and Budget Circular A–76 or any suc17 cessor administrative regulation, directive, or policy for 

18 work performed by employees of the Bureau of Prisons 

19 or of Federal Prison Industries, Incorporated. 

20 SEC. 213. Notwithstanding any other provision of 

21 law, no funds shall be available for the salary, benefits, 

22 or expenses of any United States Attorney assigned dual 

23 or additional responsibilities by the Attorney General or 

24 his designee that exempt that United States Attorney 

25 from the residency requirements of 28 U.S.C. 545. 
64 

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1 SEC. 214. Of the funds appropriated in this Act for 

2 the Federal Bureau of Investigation’s Sentinel program, 

3 $25,000,000 shall not be available for obligation until 90 

4 days after the Committees on Appropriations receive from 

5 the Federal Bureau of Investigation a report on the re6 sults of a completed integrated baseline review for Sen7 tinel: Provided, That the report shall be submitted simul8 taneously to the Government Accountability Office: Pro9 vided further, That the Government Accountability Office 

10 shall review the Bureau’s performance measurement base11 line for the Sentinel program and shall submit its findings 

12 to the Committees on Appropriations of the Senate and 

13 House of Representatives within 60 days of its receipt of 

14 the report. 

15 SEC. 215. None of the funds appropriated in this or 

16 any other Act shall be obligated for the initiation of a fu17 ture phase of the Federal Bureau of Investigation’s Sen18 tinel program until the Attorney General certifies to the 

19 Committees on Appropriations that existing phases cur20 rently under contract for development or fielding have 

21 completed a majority of the work for that phase under 

22 the performance measurement baseline validated by the 

23 integrated baseline review referred to in section 214 of this 

24 Act: Provided, That this restriction does not apply to plan25 ning and design activities for future phases: Provided fur-
65 

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1 ther, That the Bureau will notify the Committees on Ap2 propriations of any significant changes to the baseline. 

3 SEC. 216. (a) The Attorney General shall submit 

4 quarterly reports to the Inspector General of the Depart5 ment of Justice regarding the costs and contracting proce6 dures relating to each conference held by the Department 

7 of Justice during fiscal year 2008 for which the cost to 

8 the Government was more than $20,000. 

9 (b) Each report submitted under subsection (a) shall 

10 include, for each conference described in that subsection 

11 held during the applicable quarter— 

12 (1) a description of the subject of and number 

13 of participants attending that conference; 

14 (2) a detailed statement of the costs to the Gov15 ernment relating to that conference, including— 

16 (A) the cost of any food or beverages; 

17 (B) the cost of any audio-visual services; 

18 and 

19 (C) a discussion of the methodology used 

20 to determine which costs relate to that con21 ference; and 

22 (3) a description of the contracting procedures 

23 relating to that conference, including— 

24 (A) whether contracts were awarded on a 

25 competitive basis for that conference; and 
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1 (B) a discussion of any cost comparison 

2 conducted by the Department of Justice in eval3 uating potential contractors for that conference. 

4 This title may be cited as the ‘‘Department of Justice 

5 Appropriations Act, 2009’’. 

6 TITLE III 

7 SCIENCE 

8 OFFICE OF SCIENCE AND TECHNOLOGY POLICY

9 For necessary expenses of the Office of Science and 

10 Technology Policy, in carrying out the purposes of the Na11 tional Science and Technology Policy, Organization, and 

12 Priorities Act of 1976 (42 U.S.C. 6601–6671), hire of 

13 passenger motor vehicles, and services as authorized by 

14 5 U.S.C. 3109, not to exceed $2,500 for official reception 

15 and representation expenses, and rental of conference 

16 rooms in the District of Columbia, $5,184,000. 

17 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

18 SCIENCE

19 For necessary expenses, not otherwise provided for, 

20 in the conduct and support of science research and devel21 opment activities, including research, development, oper22 ations, support, and services; maintenance; construction of 

23 facilities including repair, rehabilitation, revitalization, 

24 and modification of facilities, construction of new facilities 

25 and additions to existing facilities, facility planning and 
67 

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1 design, and restoration, and acquisition or condemnation 

2 of real property, as authorized by law; environmental com3 pliance and restoration; space flight, spacecraft control, 

4 and communications activities; program management; per5 sonnel and related costs, including uniforms or allowances 

6 therefor, as authorized by 5 U.S.C. 5901–5902; travel ex7 penses; purchase and hire of passenger motor vehicles; and 

8 purchase, lease, charter, maintenance, and operation of 

9 mission and administrative aircraft, $4,522,884,000, to 

10 remain available until September 30, 2010. 

11 AERONAUTICS

12 For necessary expenses, not otherwise provided for, 

13 in the conduct and support of aeronautics research and 

14 development activities, including research, development, 

15 operations, support, and services; maintenance; construc16 tion of facilities including repair, rehabilitation, revitaliza17 tion, and modification of facilities, construction of new fa18 cilities and additions to existing facilities, facility planning 

19 and design, and restoration, and acquisition or condemna20 tion of real property, as authorized by law; environmental 

21 compliance and restoration; space flight, spacecraft con22 trol, and communications activities; program manage23 ment; personnel and related costs, including uniforms or 

24 allowances therefor, as authorized by 5 U.S.C. 5901– 

25 5902; travel expenses; purchase and hire of passenger 

26 motor vehicles; and purchase, lease, charter, maintenance, 
68 

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1 and operation of mission and administrative aircraft, 

2 $500,000,000, to remain available until September 30, 

3 2010. 

4 EXPLORATION

5 For necessary expenses, not otherwise provided for, 

6 in the conduct and support of exploration research and 

7 development activities, including research, development, 

8 operations, support, and services; maintenance; construc9 tion of facilities including repair, rehabilitation, revitaliza10 tion, and modification of facilities, construction of new fa11 cilities and additions to existing facilities, facility planning 

12 and design, and restoration, and acquisition or condemna13 tion of real property, as authorized by law; environmental 

14 compliance and restoration; space flight, spacecraft con15 trol, and communications activities; program manage16 ment, personnel and related costs, including uniforms or 

17 allowances therefor, as authorized by 5 U.S.C. 5901– 

18 5902; travel expenses; purchase and hire of passenger 

19 motor vehicles; and purchase, lease, charter, maintenance, 

20 and operation of mission and administrative aircraft, 

21 $3,530,490,000, to remain available until September 30, 

22 2010. 

23 SPACE OPERATIONS

24 For necessary expenses, not otherwise provided for, 

25 in the conduct and support of space operations research 

26 and development activities, including research, develop-
69 

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1 ment, operations, support and services; space flight, space2 craft control and communications activities including oper3 ations, production, and services; maintenance; construc4 tion of facilities including repair, rehabilitation, revitaliza5 tion and modification of facilities, construction of new fa6 cilities and additions to existing facilities, facility planning 

7 and design, and restoration, and acquisition or condemna8 tion of real property, as authorized by law; environmental 

9 compliance and restoration; program management; per10 sonnel and related costs, including uniforms or allowances 

11 therefor, as authorized by 5 U.S.C. 5901–5902; travel ex12 penses; purchase and hire of passenger motor vehicles; and 

13 purchase, lease, charter, maintenance and operation of 

14 mission and administrative aircraft, $5,774,710,000, to 

15 remain available until September 30, 2010. 

16 EDUCATION

17 For necessary expenses, not otherwise provided for, 

18 in carrying out aerospace and aeronautical education re19 search and development activities, including research, de20 velopment, operations, support, and services; program 

21 management; personnel and related costs, uniforms or al22 lowances therefor, as authorized by 5 U.S.C. 5901–5902; 

23 travel expenses; purchase and hire of passenger motor ve24 hicles; and purchase, lease, charter, maintenance, and op25 eration of mission and administrative aircraft, 
70 

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1 $130,012,000, to remain available until September 30, 

2 2010. 

3 CROSS AGENCY SUPPORT

4 For necessary expenses, not otherwise provided for, 

5 in the conduct and support of science, aeronautics, explo6 ration, space operations and education research and devel7 opment activities, including research, development, oper8 ations, support, and services; maintenance; construction of 

9 facilities including repair, rehabilitation, revitalization, 

10 and modification of facilities, construction of new facilities 

11 and additions to existing facilities, facility planning and 

12 design, and restoration, and acquisition or condemnation 

13 of real property, as authorized by law; environmental com14 pliance and restoration; space flight, spacecraft control, 

15 and communications activities; program management; per16 sonnel and related costs, including uniforms or allowances 

17 therefor, as authorized by 5 U.S.C. 5901–5902; travel ex18 penses; purchase and hire of passenger motor vehicles; not 

19 to exceed $70,000 for official reception and representation 

20 expenses; and purchase, lease, charter, maintenance, and 

21 operation of mission and administrative aircraft, 

22 $3,320,404,000, to remain available until September 30, 

23 2010: Provided, That of the amount provided under this 

24 heading, $80,000,000 shall be for making grants only in 

25 accordance with the terms and conditions specified in the 

26 report accompanying this Act. 
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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector 

3 General in carrying out the Inspector General Act of 1978, 

4 $35,500,000, to remain available until September 30, 

5 2010. 

6 ADMINISTRATIVE PROVISIONS

7 Notwithstanding the limitation on the duration of 

8 availability of funds appropriated to the National Aero9 nautics and Space Administration for any account in this 

10 Act, except for ‘‘Office of Inspector General’’, when any 

11 activity has been initiated by the incurrence of obligations 

12 for construction of facilities or environmental compliance 

13 and restoration activities as authorized by law, such 

14 amount available for such activity shall remain available 

15 until expended. This provision does not apply to the 

16 amounts appropriated for institutional minor revitaliza17 tion and minor construction of facilities, and institutional 

18 facility planning and design. 

19 Notwithstanding the limitation on the availability of 

20 funds appropriated to the National Aeronautics and Space 

21 Administration for any account in this Act, except for ‘‘Of22 fice of Inspector General’’, the amounts appropriated for 

23 construction of facilities shall remain available until Sep24 tember 30, 2011. 

25 Funds for announced prizes otherwise authorized 

26 shall remain available, without fiscal year limitation, until 
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1 the prize is claimed or the offer is withdrawn. Funding 

2 shall not be made available for Centennial Challenges un3 less authorized. 

4 Not to exceed 5 percent of any appropriation made 

5 available for the current fiscal year for the National Aero6 nautics and Space Administration in this Act may be 

7 transferred between such appropriations, but no such ap8 propriation, except as otherwise specifically provided, shall 

9 be increased by more than 10 percent by any such trans10 fers. Any transfer pursuant to this provision shall be treat11 ed as a reprogramming of funds under section 505 of this 

12 Act and shall not be available for obligation except in com13 pliance with the procedures set forth in that section. 

14 Notwithstanding any other provision of law, no funds 

15 shall be used to implement any Reduction in Force or 

16 other involuntary separations (except for cause) by the 

17 National Aeronautics and Space Administration prior to 

18 September 30, 2009. 

19 The unexpired balances of the Science, Aeronautics, 

20 and Exploration account, for activities for which funds are 

21 provided under this Act, may be transferred to the new 

22 accounts established in this Act that provide such activity. 

23 Balances so transferred shall be merged with the funds 

24 in the newly established accounts, but shall be available 
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1 under the same terms, conditions and period of time as 

2 previously appropriated. 

3 For the closeout of all Space Shuttle contracts and 

4 associated programs, amounts that have expired but have 

5 not been cancelled in the Human Space Flight, Space 

6 Flight Capabilities, and Exploration Capabilities appro7 priations accounts shall remain available through fiscal 

8 year 2015 for the liquidation of valid obligations incurred 

9 during the period of fiscal year 2001 through fiscal year 

10 2009. 

11 NATIONAL SCIENCE FOUNDATION

12 RESEARCH AND RELATED ACTIVITIES

13 For necessary expenses in carrying out the National 

14 Science Foundation Act of 1950, as amended (42 U.S.C. 

15 1861–1875), and the Act to establish a National Medal 

16 of Science (42 U.S.C. 1880–1881); services as authorized 

17 by 5 U.S.C. 3109; maintenance and operation of aircraft 

18 and purchase of flight services for research support; acqui19 sition of aircraft; and authorized travel; $5,593,990,000, 

20 to remain available until September 30, 2010, of which 

21 not to exceed $540,000,000 shall remain available until 

22 expended for polar research and operations support, and 

23 for reimbursement to other Federal agencies for oper24 ational and science support and logistical and other re25 lated activities for the United States Antarctic program: 
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1 Provided, That from funds specified in the fiscal year 

2 2009 budget request for icebreaking services, up to 

3 $54,000,000 shall be available for the procurement of 

4 polar icebreaking services: Provided further, That the Na5 tional Science Foundation shall only reimburse the Coast 

6 Guard for such sums as are agreed to according to the 

7 existing memorandum of agreement: Provided further, 

8 That receipts for scientific support services and materials 

9 furnished by the National Research Centers and other Na10 tional Science Foundation supported research facilities 

11 may be credited to this appropriation. 

12 MAJOR RESEARCH EQUIPMENT AND FACILITIES

13 CONSTRUCTION

14 For necessary expenses for the acquisition, construc15 tion, commissioning, and upgrading of major research 

16 equipment, facilities, and other such capital assets pursu17 ant to the National Science Foundation Act of 1950, as 

18 amended (42 U.S.C. 1861–1875), including authorized 

19 travel, $152,010,000, to remain available until expended. 

20 EDUCATION AND HUMAN RESOURCES

21 For necessary expenses in carrying out science and 

22 engineering education and human resources programs and 

23 activities pursuant to the National Science Foundation 

24 Act of 1950, as amended (42 U.S.C. 1861–1875), includ25 ing services as authorized by 5 U.S.C. 3109, authorized 

26 travel, and rental of conference rooms in the District of 
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1 Columbia, $790,410,000, to remain available until Sep2 tember 30, 2010. 

3 AGENCY OPERATIONS AND AWARD MANAGEMENT

4 For agency operations and award management nec5 essary in carrying out the National Science Foundation 

6 Act of 1950, as amended (42 U.S.C. 1861–1875); services 

7 authorized by 5 U.S.C. 3109; hire of passenger motor ve8 hicles; not to exceed $9,000 for official reception and rep9 resentation expenses; uniforms or allowances therefor, as 

10 authorized by 5 U.S.C. 5901–5902; rental of conference 

11 rooms in the District of Columbia; and reimbursement of 

12 the Department of Homeland Security for security guard 

13 services; $300,560,000: Provided, That contracts may be 

14 entered into under this heading in fiscal year 2009 for 

15 maintenance and operation of facilities, and for other serv16 ices, to be provided during the next fiscal year. 

17 OFFICE OF THE NATIONAL SCIENCE BOARD

18 For necessary expenses (including payment of sala19 ries, authorized travel, hire of passenger motor vehicles, 

20 the rental of conference rooms in the District of Columbia, 

21 and the employment of experts and consultants under sec22 tion 3109 of title 5, United States Code) involved in car23 rying out section 4 of the National Science Foundation 

24 Act of 1950, as amended (42 U.S.C. 1863) and Public 

25 Law 86–209 (42 U.S.C. 1880 et seq.), $4,030,000: Pro-
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1 vided, That not to exceed $2,500 shall be available for offi2 cial reception and representation expenses. 

3 OFFICE OF INSPECTOR GENERAL

4 For necessary expenses of the Office of Inspector 

5 General as authorized by the Inspector General Act of 

6 1978, as amended, $13,100,000, to remain available until 

7 September 30, 2010. 

8 This title may be cited as the ‘‘Science Appropria9 tions Act 2009’’. 

10 TITLE IV 

11 RELATED AGENCIES 

12 COMMISSION ON CIVIL RIGHTS

13 SALARIES AND EXPENSES

14 For necessary expenses of the Commission on Civil 

15 Rights, including hire of passenger motor vehicles, 

16 $8,800,000: Provided, That none of the funds appro17 priated in this paragraph shall be used to employ in excess 

18 of four full-time individuals under Schedule C of the Ex19 cepted Service exclusive of one special assistant for each 

20 Commissioner: Provided further, That none of the funds 

21 appropriated in this paragraph shall be used to reimburse 

22 Commissioners for more than 75 billable days, with the 

23 exception of the chairperson, who is permitted 125 billable 

24 days. 
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1 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Equal Employment 

4 Opportunity Commission as authorized by title VII of the 

5 Civil Rights Act of 1964, the Age Discrimination in Em6 ployment Act of 1967, the Equal Pay Act of 1963, the 

7 Americans with Disabilities Act of 1990, and the Civil 

8 Rights Act of 1991, including services as authorized by 

9 5 U.S.C. 3109; hire of passenger motor vehicles as author10 ized by 31 U.S.C. 1343(b); nonmonetary awards to private 

11 citizens; and not to exceed $26,000,000 for payments to 

12 State and local enforcement agencies for authorized serv13 ices to the Commission, $341,925,000: Provided, That the 

14 Commission is authorized to make available for official re15 ception and representation expenses not to exceed $2,500 

16 from available funds: Provided further, That the Commis17 sion may take no action to implement any workforce repo18 sitioning, restructuring, or reorganization until such time 

19 as the House and Senate Committees on Appropriations 

20 have been notified of such proposals, in accordance with 

21 the reprogramming requirements of section 505 of this 

22 Act: Provided further, That the Chair is authorized to ac23 cept and use any gift or donation to carry out the work 

24 of the Commission. 
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1 INTERNATIONAL TRADE COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the International Trade 

4 Commission, including hire of passenger motor vehicles, 

5 and services as authorized by 5 U.S.C. 3109, and not to 

6 exceed $2,500 for official reception and representation ex7 penses, $75,000,000, to remain available until expended. 

8 LEGAL SERVICES CORPORATION

9 PAYMENT TO THE LEGAL SERVICES CORPORATION

10 For payment to the Legal Services Corporation to 

11 carry out the purposes of the Legal Services Corporation 

12 Act of 1974, $390,000,000, of which $369,000,000 is for 

13 basic field programs and required independent audits; 

14 $3,200,000 is for the Office of Inspector General, of which 

15 such amounts as may be necessary may be used to conduct 

16 additional audits of recipients; $13,000,000 is for manage17 ment and administration; and $3,800,000 is for client self18 help and information technology; and $1,000,000 is for 

19 loan repayment assistance: Provided, That the Legal Serv20 ices Corporation may continue to provide locality pay to 

21 officers and employees at a rate no greater than that pro22 vided by the Federal Government to Washington, DC23 based employees as authorized by 5 U.S.C. 5304, notwith24 standing section 1005(d) of the Legal Services Corpora25 tion Act, 42 U.S.C. 2996(d). 
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1 ADMINISTRATIVE PROVISION—LEGAL SERVICES

2 CORPORATION

3 None of the funds appropriated in this Act to the 

4 Legal Services Corporation shall be expended for any pur5 pose prohibited or limited by, or contrary to any of the 

6 provisions of, sections 501, 502, 503, 504, 505, and 506 

7 of Public Law 105–119, and all funds appropriated in this 

8 Act to the Legal Services Corporation shall be subject to 

9 the same terms and conditions set forth in such sections, 

10 except that all references in sections 502 and 503 to 1997 

11 and 1998 shall be deemed to refer instead to 2008 and 

12 2009, respectively. 

13 MARINE MAMMAL COMMISSION

14 SALARIES AND EXPENSES

15 For necessary expenses of the Marine Mammal Com16 mission as authorized by title II of Public Law 92–522, 

17 $2,400,000. 

18 OFFICE OF THE UNITED STATES TRADE

19 REPRESENTATIVE

20 SALARIES AND EXPENSES

21 For necessary expenses of the Office of the United 

22 States Trade Representative, including the hire of pas23 senger motor vehicles and the employment of experts and 

24 consultants as authorized by 5 U.S.C. 3109, $46,272,000, 

25 of which $1,000,000 shall remain available until expended: 
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1 Provided, That not to exceed $124,000 shall be available 

2 for official reception and representation expenses: Pro3 vided further, That negotiations shall be conducted within 

4 the World Trade Organization to recognize the right of 

5 members to distribute monies collected from antidumping 

6 and countervailing duties: Provided further, That negotia7 tions shall be conducted within the World Trade Organiza8 tion consistent with the negotiating objectives contained 

9 in the Trade Act of 2002, Public Law 107–210. 

10 STATE JUSTICE INSTITUTE

11 SALARIES AND EXPENSES

12 For necessary expenses of the State Justice Institute, 

13 as authorized by the State Justice Institute Authorization 

14 Act of 1992 (Public Law 102–572), $5,000,000: Provided, 

15 That not to exceed $2,500 shall be available for official 

16 reception and representation expenses. 

17 TITLE V 

18 GENERAL PROVISIONS 

19 SEC. 501. No part of any appropriation contained in 

20 this Act shall be used for publicity or propaganda purposes 

21 not authorized by the Congress. 

22 SEC. 502. No part of any appropriation contained in 

23 this Act shall remain available for obligation beyond the 

24 current fiscal year unless expressly so provided herein. 
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1 SEC. 503. The expenditure of any appropriation 

2 under this Act for any consulting service through procure3 ment contract, pursuant to 5 U.S.C. 3109, shall be limited 

4 to those contracts where such expenditures are a matter 

5 of public record and available for public inspection, except 

6 where otherwise provided under existing law, or under ex7 isting Executive order issued pursuant to existing law. 

8 SEC. 504. If any provision of this Act or the applica9 tion of such provision to any person or circumstances shall 

10 be held invalid, the remainder of the Act and the applica11 tion of each provision to persons or circumstances other 

12 than those as to which it is held invalid shall not be af13 fected thereby. 

14 SEC. 505. (a) None of the funds provided under this 

15 Act, or provided under previous appropriations Acts to the 

16 agencies funded by this Act that remain available for obli17 gation or expenditure in fiscal year 2009, or provided from 

18 any accounts in the Treasury of the United States derived 

19 by the collection of fees available to the agencies funded 

20 by this Act, shall be available for obligation or expenditure 

21 through a reprogramming of funds that: (1) creates new 

22 programs; (2) eliminates a program, project, or activity; 

23 (3) increases funds or personnel by any means for any 

24 project or activity for which funds have been denied or 

25 restricted; (4) relocates an office or employees; (5) reorga-
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1 nizes or renames offices, programs, or activities; or (6) 

2 contracts out or privatizes any functions or activities pres3 ently performed by Federal employees; unless the House 

4 and Senate Committees on Appropriations are notified 15 

5 days in advance of such reprogramming of funds. 

6 (b) None of the funds provided under this Act, or 

7 provided under previous appropriations Acts to the agen8 cies funded by this Act that remain available for obligation 

9 or expenditure in fiscal year 2009, or provided from any 

10 accounts in the Treasury of the United States derived by 

11 the collection of fees available to the agencies funded by 

12 this Act, shall be available for obligation or expenditure 

13 for activities, programs, or projects through a reprogram14 ming of funds in excess of $500,000 or 10 percent, which15 ever is less, that: (1) augments existing programs, 

16 projects, or activities; (2) reduces by 10 percent funding 

17 for any existing program, project, or activity, or numbers 

18 of personnel by 10 percent as approved by Congress; or 

19 (3) results from any general savings, including savings 

20 from a reduction in personnel, which would result in a 

21 change in existing programs, activities, or projects as ap22 proved by Congress; unless the House and Senate Com23 mittees on Appropriations are notified 15 days in advance 

24 of such reprogramming of funds. 
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1 SEC. 506. Hereafter, none of the funds made avail2 able in this or any other Act may be used to implement, 

3 administer, or enforce any guidelines of the Equal Em4 ployment Opportunity Commission covering harassment 

5 based on religion, when it is made known to the Federal 

6 entity or official to which such funds are made available 

7 that such guidelines do not differ in any respect from the 

8 proposed guidelines published by the Commission on Octo9 ber 1, 1993 (58 Fed. Reg. 51266). 

10 SEC. 507. If it has been finally determined by a court 

11 or Federal agency that any person intentionally affixed a 

12 label bearing a ‘‘Made in America’’ inscription, or any in13 scription with the same meaning, to any product sold in 

14 or shipped to the United States that is not made in the 

15 United States, the person shall be ineligible to receive any 

16 contract or subcontract made with funds made available 

17 in this Act, pursuant to the debarment, suspension, and 

18 ineligibility procedures described in sections 9.400 through 

19 9.409 of title 48, Code of Federal Regulations. 

20 SEC. 508. The Departments of Commerce and Jus21 tice, the National Science Foundation, and the National 

22 Aeronautics and Space Administration, shall provide to 

23 the House and Senate Committees on Appropriations a 

24 quarterly accounting of the cumulative balances of any un-
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1 obligated funds that were received by such agency during 

2 any previous fiscal year. 

3 SEC. 509. Any costs incurred by a department or 

4 agency funded under this Act resulting from, or to pre5 vent, personnel actions taken in response to funding re6 ductions included in this Act shall be absorbed within the 

7 total budgetary resources available to such department or 

8 agency: Provided, That the authority to transfer funds be9 tween appropriations accounts as may be necessary to 

10 carry out this section is provided in addition to authorities 

11 included elsewhere in this Act: Provided further, That use 

12 of funds to carry out this section shall be treated as a 

13 reprogramming of funds under section 505 of this Act and 

14 shall not be available for obligation or expenditure except 

15 in compliance with the procedures set forth in that section. 

16 SEC. 510. None of the funds provided by this Act 

17 shall be available to promote the sale or export of tobacco 

18 or tobacco products, or to seek the reduction or removal 

19 by any foreign country of restrictions on the marketing 

20 of tobacco or tobacco products, except for restrictions 

21 which are not applied equally to all tobacco or tobacco 

22 products of the same type. 

23 SEC. 511. None of the funds appropriated pursuant 

24 to this Act or any other provision of law may be used for— 
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1 (1) the implementation of any tax or fee in con2 nection with the implementation of subsection 922(t) 

3 of title 18, United States Code; and 

4 (2) any system to implement subsection 922(t) 

5 of title 18, United States Code, that does not re6 quire and result in the destruction of any identifying 

7 information submitted by or on behalf of any person 

8 who has been determined not to be prohibited from 

9 possessing or receiving a firearm no more than 24 

10 hours after the system advises a Federal firearms li11 censee that possession or receipt of a firearm by the 

12 prospective transferee would not violate subsection 

13 (g) or (n) of section 922 of title 18, United States 

14 Code, or State law. 

15 SEC. 512. Notwithstanding any other provision of 

16 law, amounts deposited or available in the Fund estab17 lished under 42 U.S.C. 10601 in any fiscal year in excess 

18 of $635,000,000 shall not be available for obligation until 

19 the following fiscal year. 

20 SEC. 513. None of the funds made available to the 

21 Department of Justice in this Act may be used to discrimi22 nate against or denigrate the religious or moral beliefs of 

23 students who participate in programs for which financial 

24 assistance is provided from those funds, or of the parents 

25 or legal guardians of such students. 
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1 SEC. 514. None of the funds made available in this 

2 Act may be transferred to any department, agency, or in3 strumentality of the United States Government, except 

4 pursuant to a transfer made by, or transfer authority pro5 vided in, this Act or any other appropriations Act. 

6 SEC. 515. Any funds provided in this Act used to im7 plement E-Government Initiatives shall be subject to the 

8 procedures set forth in section 505 of this Act. 

9 SEC. 516. (a) Tracing studies conducted by the Bu10 reau of Alcohol, Tobacco, Firearms and Explosives are re11 leased without adequate disclaimers regarding the limita12 tions of the data. 

13 (b) The Bureau of Alcohol, Tobacco, Firearms and 

14 Explosives shall include in all such data releases, language 

15 similar to the following that would make clear that trace 

16 data cannot be used to draw broad conclusions about fire17 arms-related crime: 

18 (1) Firearm traces are designed to assist law 

19 enforcement authorities in conducting investigations 

20 by tracking the sale and possession of specific fire21 arms. Law enforcement agencies may request fire22 arms traces for any reason, and those reasons are 

23 not necessarily reported to the Federal Government. 

24 Not all firearms used in crime are traced and not all 

25 firearms traced are used in crime. 
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1 (2) Firearms selected for tracing are not chosen 

2 for purposes of determining which types, makes, or 

3 models of firearms are used for illicit purposes. The 

4 firearms selected do not constitute a random sample 

5 and should not be considered representative of the 

6 larger universe of all firearms used by criminals, or 

7 any subset of that universe. Firearms are normally 

8 traced to the first retail seller, and sources reported 

9 for firearms traced do not necessarily represent the 

10 sources or methods by which firearms in general are 

11 acquired for use in crime. 

12 SEC. 517. (a) The Inspectors General of the Depart13 ment of Commerce, the Department of Justice, the Na14 tional Aeronautics and Space Administration, the Na15 tional Science Foundation, and the Legal Services Cor16 poration shall conduct audits, pursuant to the Inspector 

17 General Act (5 U.S.C. App.), of grants or contracts for 

18 which funds are appropriated by this Act, and shall submit 

19 reports to Congress on the progress of such audits, which 

20 may include preliminary findings and a description of 

21 areas of particular interest, within 180 days after initi22 ating such an audit and every 180 days thereafter until 

23 any such audit is completed. 

24 (b) Within 60 days after the date on which an audit 

25 described in subsection (a) by an Inspector General is 
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1 completed, the Secretary, Attorney General, Adminis2 trator, Director, or President, as appropriate, shall make 

3 the results of the audit available to the public on the Inter4 net website maintained by the Department, Administra5 tion, Foundation, or Corporation, respectively. The results 

6 shall be made available in redacted form to exclude— 

7 (1) any matter described in section 552(b) of 

8 title 5, United States Code; and 

9 (2) sensitive personal information for any indi10 vidual, the public access to which could be used to 

11 commit identity theft or for other inappropriate or 

12 unlawful purposes. 

13 (c) A grant or contract funded by amounts appro14 priated by this Act may not be used for the purpose of 

15 defraying the costs of a banquet or conference that is not 

16 directly and programmatically related to the purpose for 

17 which the grant or contract was awarded, such as a ban18 quet or conference held in connection with planning, train19 ing, assessment, review, or other routine purposes related 

20 to a project funded by the grant or contract. 

21 (d) Any person awarded a grant or contract funded 

22 by amounts appropriated by this Act shall submit a state23 ment to the Secretary of Commerce, the Attorney General, 

24 the Administrator, Director, or President, as appropriate, 

25 certifying that no funds derived from the grant or contract 
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1 will be made available through a subcontract or in any 

2 other manner to another person who has a financial inter3 est in the person awarded the grant or contract. 

4 (e) The provisions of the preceding subsections of this 

5 section shall take effect 30 days after the date on which 

6 the Director of the Office of Management and Budget, in 

7 consultation with the Director of the Office of Government 

8 Ethics, determines that a uniform set of rules and require9 ments, substantially similar to the requirements in such 

10 subsections, consistently apply under the executive branch 

11 ethics program to all Federal departments, agencies, and 

12 entities. 

13 SEC. 518. None of the funds appropriated or other14 wise made available under this Act may be used to issue 

15 patents on claims directed to or encompassing a human 

16 organism. 

17 SEC. 519. None of the funds made available in this 

18 Act shall be used in any way whatsoever to support or 

19 justify the use of torture by any official or contract em20 ployee of the United States Government. 

21 SEC. 520. (a) Notwithstanding any other provision 

22 of law or treaty, none of the funds appropriated or other23 wise made available under this Act or any other Act may 

24 be expended or obligated by a department, agency, or in25 strumentality of the United States to pay administrative 
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1 expenses or to compensate an officer or employee of the 

2 United States in connection with requiring an export li3 cense for the export to Canada of components, parts, ac4 cessories or attachments for firearms listed in Category 

5 I, section 121.1 of title 22, Code of Federal Regulations 

6 (International Trafficking in Arms Regulations (ITAR), 

7 part 121, as it existed on April 1, 2005) with a total value 

8 not exceeding $500 wholesale in any transaction, provided 

9 that the conditions of subsection (b) of this section are 

10 met by the exporting party for such articles. 

11 (b) The foregoing exemption from obtaining an ex12 port license— 

13 (1) does not exempt an exporter from filing any 

14 Shipper’s Export Declaration or notification letter 

15 required by law, or from being otherwise eligible 

16 under the laws of the United States to possess, ship, 

17 transport, or export the articles enumerated in sub18 section (a); and 

19 (2) does not permit the export without a license 

20 of— 

21 (A) fully automatic firearms and compo22 nents and parts for such firearms, other than 

23 for end use by the Federal Government, or a 

24 Provincial or Municipal Government of Canada; 
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1 (B) barrels, cylinders, receivers (frames) or 

2 complete breech mechanisms for any firearm 

3 listed in Category I, other than for end use by 

4 the Federal Government, or a Provincial or Mu5 nicipal Government of Canada; or 

6 (C) articles for export from Canada to an7 other foreign destination. 

8 (c) In accordance with this section, the District Di9 rectors of Customs and postmasters shall permit the per10 manent or temporary export without a license of any un11 classified articles specified in subsection (a) to Canada for 

12 end use in Canada or return to the United States, or tem13 porary import of Canadian-origin items from Canada for 

14 end use in the United States or return to Canada for a 

15 Canadian citizen. 

16 (d) The President may require export licenses under 

17 this section on a temporary basis if the President deter18 mines, upon publication first in the Federal Register, that 

19 the Government of Canada has implemented or main20 tained inadequate import controls for the articles specified 

21 in subsection (a), such that a significant diversion of such 

22 articles has and continues to take place for use in inter23 national terrorism or in the escalation of a conflict in an24 other nation. The President shall terminate the require-
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1 ments of a license when reasons for the temporary require2 ments have ceased. 

3 SEC. 521. Notwithstanding any other provision of 

4 law, no department, agency, or instrumentality of the 

5 United States receiving appropriated funds under this Act 

6 or any other Act shall obligate or expend in any way such 

7 funds to pay administrative expenses or the compensation 

8 of any officer or employee of the United States to deny 

9 any application submitted pursuant to 22 U.S.C. 

10 2778(b)(1)(B) and qualified pursuant to 27 CFR section 

11 478.112 or .113, for a permit to import United States ori12 gin ‘‘curios or relics’’ firearms, parts, or ammunition. 

13 SEC. 522. None of the funds made available in this 

14 Act may be used to include in any new bilateral or multi15 lateral trade agreement the text of— 

16 (1) paragraph 2 of article 16.7 of the United 

17 States-Singapore Free Trade Agreement; 

18 (2) paragraph 4 of article 17.9 of the United 

19 States-Australia Free Trade Agreement; or 

20 (3) paragraph 4 of article 15.9 of the United 

21 States-Morocco Free Trade Agreement. 

22 SEC. 523. None of the funds made available in this 

23 Act may be used to authorize or issue a national security 

24 letter in contravention of any of the following laws author25 izing the Federal Bureau of Investigation to issue national 
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1 security letters: The Right to Financial Privacy Act; The 

2 Electronic Communications Privacy Act; The Fair Credit 

3 Reporting Act; The National Security Act of 1947; USA 

4 PATRIOT Act; and the laws amended by these Acts. 

5 SEC. 524. If at any time during any quarter, the pro6 gram manager of a project within the jurisdiction of the 

7 Departments of Commerce or Justice, the National Aero8 nautics and Space Administration, or the National Science 

9 Foundation totaling more than $75,000,000 has reason10 able cause to believe that the total program cost has in11 creased by 10 percent, the program manager shall imme12 diately inform the Secretary, Administrator, or Director. 

13 The Secretary, Administrator, or Director shall notify the 

14 House and Senate Committees on Appropriations within 

15 30 days in writing of such increase, and shall include in 

16 such notice: the date on which such determination was 

17 made; a statement of the reasons for such increases; the 

18 action taken and proposed to be taken to control future 

19 cost growth of the project; changes made in the perform20 ance or schedule milestones and the degree to which such 

21 changes have contributed to the increase in total program 

22 costs or procurement costs; new estimates of the total 

23 project or procurement costs; and a statement validating 

24 that the project’s management structure is adequate to 

25 control total project or procurement costs. 
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1 SEC. 525. Notwithstanding section 505 of this Act, 

2 no funds shall be reprogrammed within or transferred be3 tween appropriations after June 30, except in extraor4 dinary circumstances. 

5 SEC. 526. Funds appropriated by this Act, or made 

6 available by the transfer of funds in this Act, for intel7 ligence or intelligence related activities are deemed to be 

8 specifically authorized by the Congress for purposes of sec9 tion 504 of the National Security Act of 1947 (50 U.S.C. 

10 414) during fiscal year 2009 until the enactment of the 

11 Intelligence Authorization Act for Fiscal Year 2009. 

12 SEC. 527. The Departments, agencies, and commis13 sions funded under this Act, shall establish and maintain 

14 on the homepages of their Internet websites— 

15 (1) a direct link to the Internet websites of 

16 their Offices of Inspectors General; and 

17 (2) a mechanism on the Offices of Inspectors 

18 General website by which individuals may anony19 mously report cases of waste, fraud, or abuse with 

20 respect to those Departments, agencies, and commis21 sions. 

22 SEC. 528. None of the funds appropriated or other23 wise made available by this Act may be used to enter into 

24 a contract in an amount greater than $5,000,000 or to 

25 award a grant in excess of such amount unless the pro-
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1 spective contractor or grantee certifies in writing to the 

2 agency awarding the contract or grant that, to the best 

3 of its knowledge and belief, the contractor or grantee has 

4 filed all Federal tax returns required during the 3 years 

5 preceding the certification, has not been convicted of a 

6 criminal offense under the Internal Revenue Code of 1986, 

7 and has not, more than 90 days prior to certification, been 

8 notified of any unpaid Federal tax assessment for which 

9 the liability remains unsatisfied, unless the assessment is 

10 the subject of an installment agreement or offer in com11 promise that has been approved by the Internal Revenue 

12 Service and is not in default, or the assessment is the sub13 ject of a non-frivolous administrative or judicial pro14 ceeding. 

15 SEC. 529. None of the funds appropriated or other16 wise made available in this Act may be used in a manner 

17 that is inconsistent with the principal negotiating objective 

18 of the United States with respect to trade remedy laws 

19 to preserve the ability of the United States— 

20 (1) to enforce vigorously its trade laws, includ21 ing antidumping, countervailing duty, and safeguard 

22 laws; 

23 (2) to avoid agreements that— 
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1 (A) lessen the effectiveness of domestic 

2 and international disciplines on unfair trade, es3 pecially dumping and subsidies; or 

4 (B) lessen the effectiveness of domestic 

5 and international safeguard provisions, in order 

6 to ensure that United States workers, agricul7 tural producers, and firms can compete fully on 

8 fair terms and enjoy the benefits of reciprocal 

9 trade concessions; and 

10 (3) to address and remedy market distortions 

11 that lead to dumping and subsidization, including 

12 overcapacity, cartelization, and market-access bar13 riers. 

14 SEC. 530. None of the funds made available in this 

15 Act may be used to purchase first class or premium airline 

16 travel in contravention of sections 301–10.122 through 

17 301–10.124 of title 41 of the Code of Federal Regulations. 

18 SEC. 531. None of the funds made available in this 

19 Act may be used to send or otherwise pay for the attend20 ance of more than 50 employees from a Federal depart21 ment or agency at any single conference occurring outside 

22 the United States. 

23 (RESCISSIONS)

24 SEC. 532. (a) Of the unobligated balances available 

25 to the Department of Commerce from prior appropria-
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1 tions, the following funds are hereby rescinded from the 

2 following accounts and programs in the specified amounts: 

3 (1) ‘‘International Trade Administration, Oper4 ations and Administration’’, $2,000,000; and 

5 (2) ‘‘Economic Development Administration, 

6 Economic Development Assistance Programs’’, 

7 $15,000,000. 

8 (b) Of the unobligated balances available to the De9 partment of Justice from prior appropriations, the fol10 lowing funds are hereby rescinded from the following ac11 counts in the specified amounts: 

12 (1) ‘‘General Administration, Working Capital 

13 Fund’’, $120,911,000; 

14 (2) ‘‘Legal Activities, Assets Forfeiture Fund’’, 

15 $285,000,000; 

16 (3) ‘‘Office of Justice Programs’’, 

17 $100,000,000; and 

18 (4) ‘‘Community Oriented Policing Services’’, 

19 $100,000,000. 

20 This Act may be cited as the ‘‘Commerce, Justice, 

21 Science, and Related Agencies Appropriations Act, 2009’’. 
Calendar No. 831 

110TH CONGRESS 

2D SESSION S. 3182 

[Report No. 110–397] 

A BILL 

Making appropriations for the Departments of 

2009, and for other purposes. agencies for the fiscal year ending September 30, Commerce and Justice, science, and related 

JUNE 23, 2008 

Read twice and placed on the calendar