I 

111TH CONGRESS 

1ST SESSION H. R. 2847 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 5, 2009 

Ordered to be printed with the amendment of the Senate 

[Strike out all after the enacting clause and insert the part printed in italic] 

AN ACT 

Making appropriations for the Departments of Commerce 

and Justice, and Science, and Related Agencies for the 

fiscal year ending September 30, 2010, 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, 2010, 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 vehiVerDate Nov 24 2008 02:20 Nov 06, 2009 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\H2847.PP H2847

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1 cle; obtaining insurance on official motor vehicles; and 

2 rental of tie lines, $444,504,000 (reduced by $100,000), 

3 to remain available until September 30, 2011, of which 

4 $9,439,000 is to be derived from fees to be retained and 

5 used by the International Trade Administration, notwith6 standing 31 U.S.C. 3302: Provided, That not less than 

7 $7,000,000 shall be for the Office of China Compliance, 

8 and not less than $4,400,000 shall be for the China Coun9 tervailing Duty Group: Provided further, That the provi10 sions of the first sentence of section 105(f) and all of sec11 tion 108(c) of the Mutual Educational and Cultural Ex12 change Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall 

13 apply in carrying out these activities without regard to 

14 section 5412 of the Omnibus Trade and Competitiveness 

15 Act of 1988 (15 U.S.C. 4912); and that for the purpose 

16 of this Act, contributions under the provisions of the Mu17 tual Educational and Cultural Exchange Act of 1961 shall 

18 include payment for assessments for services provided as 

19 part of these activities: Provided further, That negotiations 

20 shall be conducted within the World Trade Organization 

21 to recognize the right of members to distribute monies col22 lected from antidumping and countervailing duties: Pro23 vided further, That negotiations shall be conducted within 

24 the World Trade Organization consistent with the negoti25 ating objectives contained in the Trade Act of 2002, PubVerDate Nov 24 2008 02:20 Nov 06, 2009 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\H2847.PP H2847

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1 lic Law 107–210: Provided further, That within the 

2 amounts appropriated, $3,715,000 shall be used for the 

3 projects, and in the amounts, specified in the table titled 

4 ‘‘Congressionally-designated items’’ in the report of the 

5 Committee on Appropriations of the House of Representa6 tives to accompany this Act. 

7 BUREAU OF INDUSTRY AND SECURITY

8 OPERATIONS AND ADMINISTRATION

9 For necessary expenses for export administration and 

10 national security activities of the Department of Com11 merce, including costs associated with the performance of 

12 export administration field activities both domestically and 

13 abroad; full medical coverage for dependent members of 

14 immediate families of employees stationed overseas; em15 ployment of Americans and aliens by contract for services 

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

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

18 arise in foreign countries; not to exceed $15,000 for offi19 cial representation expenses abroad; awards of compensa20 tion to informers under the Export Administration Act of 

21 1979, and as authorized by 22 U.S.C. 401(b); and pur22 chase of passenger motor vehicles for official use and 

23 motor vehicles for law enforcement use with special re24 quirement vehicles eligible for purchase without regard to 

25 any price limitation otherwise established by law, 


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1 $100,342,000, to remain available until expended, of 

2 which $14,767,000 shall be for inspections and other ac3 tivities related to national security: Provided, That the 

4 provisions of the first sentence of section 105(f) and all 

5 of section 108(c) of the Mutual Educational and Cultural 

6 Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) 

7 shall apply in carrying out these activities: Provided fur8 ther, That payments and contributions collected and ac9 cepted for materials or services provided as part of such 

10 activities may be retained for use in covering the cost of 

11 such activities, and for providing information to the public 

12 with respect to the export administration and national se13 curity activities of the Department of Commerce and other 

14 export control programs of the United States and other 

15 governments. 

16 ECONOMIC DEVELOPMENT ADMINISTRATION

17 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

18 For grants for economic development assistance as 

19 provided by the Public Works and Economic Development 

20 Act of 1965, and for trade adjustment assistance, 

21 $255,000,000, to remain available until expended. 

22 SALARIES AND EXPENSES

23 For necessary expenses of administering the eco24 nomic development assistance programs as provided for by 

25 law, $38,000,000: Provided, That these funds may be used 


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1 to monitor projects approved pursuant to title I of the 

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

3 Trade Act of 1974, and the Community Emergency 

4 Drought Relief Act of 1977. 

5 MINORITY BUSINESS DEVELOPMENT AGENCY

6 MINORITY BUSINESS DEVELOPMENT

7 For necessary expenses of the Department of Com8 merce in fostering, promoting, and developing minority 

9 business enterprise, including expenses of grants, con10 tracts, and other agreements with public or private organi11 zations, $31,000,000: Provided, That within the amounts 

12 appropriated, $900,000 shall be used for the projects, and 

13 in the amounts, specified in the table titled ‘‘Congression14 ally-designated items’’ in the report of the Committee on 

15 Appropriations of the House of Representatives to accom16 pany this Act. 

17 ECONOMIC AND STATISTICAL ANALYSIS

18 SALARIES AND EXPENSES

19 For necessary expenses, as authorized by law, of eco20 nomic and statistical analysis programs of the Department 

21 of Commerce, $97,255,000, to remain available until Sep22 tember 30, 2011. 


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1 BUREAU OF THE CENSUS

2 SALARIES AND EXPENSES

3 For expenses necessary for collecting, compiling, ana4 lyzing, preparing, and publishing statistics, provided for 

5 by law, $259,024,000. 

6 PERIODIC CENSUSES AND PROGRAMS

7 For necessary expenses to collect and publish statis8 tics for periodic censuses and programs provided for by 

9 law, $7,115,707,000, of which $206,000,000 shall be de10 rived from available unobligated balances previously ap11 propriated under this heading, to remain available until 

12 September 30, 2011: Provided, That none of the funds 

13 provided in this or any other Act for any fiscal year may 

14 be used for the collection of census data on race identifica15 tion that does not include ‘‘some other race’’ as a category: 

16 Provided further, That from amounts provided herein, 

17 funds may be used for additional promotion, outreach, and 

18 marketing activities. 

19 NATIONAL TELECOMMUNICATIONS AND INFORMATION

20 ADMINISTRATION

21 SALARIES AND EXPENSES

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

23 the National Telecommunications and Information Ad24 ministration (NTIA), $19,999,000, to remain available 

25 until September 30, 2011: Provided, That, notwithVerDate Nov 24 2008 02:20 Nov 06, 2009 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\H2847.PP H2847

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1 standing 31 U.S.C. 1535(d), the Secretary of Commerce 

2 shall charge Federal agencies for costs incurred in spec3 trum management, analysis, operations, and related serv4 ices, and such fees shall be retained and used as offsetting 

5 collections for costs of such spectrum services, to remain 

6 available until expended: Provided further, That the Sec7 retary of Commerce is authorized to retain and use as off8 setting collections all funds transferred, or previously 

9 transferred, from other Government agencies for all costs 

10 incurred in telecommunications research, engineering, and 

11 related activities by the Institute for Telecommunication 

12 Sciences of NTIA, in furtherance of its assigned functions 

13 under this paragraph, and such funds received from other 

14 Government agencies shall remain available until ex15 pended. 

16 PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING

17 AND CONSTRUCTION

18 For the administration of grants, authorized by sec19 tion 392 of the Communications Act of 1934, 

20 $20,000,000, to remain available until expended as au21 thorized by section 391 of the Act: Provided, That not to 

22 exceed $2,000,000 shall be available for program adminis23 tration as authorized by section 391 of the Act: Provided 

24 further, That, notwithstanding the provisions of section 

25 391 of the Act, the prior year unobligated balances may 


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1 be made available for grants for projects for which appli2 cations have been submitted and approved during any fis3 cal year. 

4 UNITED STATES PATENT AND TRADEMARK OFFICE

5 SALARIES AND EXPENSES

6 For necessary expenses of the United States Patent 

7 and Trademark Office (USPTO) provided for by law, in8 cluding defense of suits instituted against the Under Sec9 retary of Commerce for Intellectual Property and Director 

10 of the United States Patent and Trademark Office, 

11 $1,930,361,000, to remain available until expended: Pro12 vided, That the sum herein appropriated from the general 

13 fund shall be reduced as offsetting collections assessed and 

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

15 and 376 are received during fiscal year 2010, so as to re16 sult in a fiscal year 2010 appropriation from the general 

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

18 year 2010, should the total amount of offsetting fee collec19 tions be less than $1,930,361,000, this amount shall be 

20 reduced accordingly: Provided further, That any amount 

21 received in excess of $1,930,361,000 in fiscal year 2010, 

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

23 until expended: Provided further, That from amounts pro24 vided herein, not to exceed $1,000 shall be made available 

25 in fiscal year 2010 for official reception and representaVerDate Nov 24 2008 02:20 Nov 06, 2009 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\H2847.PP H2847

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1 tion expenses: Provided further, That in fiscal year 2010 

2 and hereafter, from the amounts made available for ‘‘Sala3 ries and Expenses’’ for the USPTO, the amounts nec4 essary to pay: (1) the difference between the percentage 

5 of basic pay contributed by the USPTO and employees 

6 under section 8334(a) of title 5, United States Code, and 

7 the normal cost percentage (as defined by section 

8 8331(17) of that title) of basic pay, of employees subject 

9 to subchapter III of chapter 83 of that title; and (2) the 

10 present value of the otherwise unfunded accruing costs, 

11 as determined by the Office of Personnel Management, of 

12 post-retirement life insurance and post-retirement health 

13 benefits coverage for all USPTO employees, shall be trans14 ferred to the Civil Service Retirement and Disability 

15 Fund, the Employees Life Insurance Fund, and the Em16 ployees Health Benefits Fund, as appropriate, and shall 

17 be available for the authorized purposes of those accounts: 

18 Provided further, That sections 801, 802, and 803 of divi19 sion B, Public Law 108–447 shall remain in effect during 

20 fiscal year 2010: Provided further, That the Director may, 

21 this year, reduce by regulation fees payable for documents 

22 in patent and trademark matters, in connection with the 

23 filing of documents filed electronically in a form prescribed 

24 by the Director: Provided further, That from the amounts 

25 provided herein, no less than $4,000,000 shall be available 


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1 only for the USPTO contribution in a cooperative or joint 

2 agreement or agreements with a non-profit organization 

3 or organizations, successfully audited within the previous 

4 year, and with previous experience in such programs, to 

5 conduct policy studies, including studies relating to activi6 ties of United Nations Specialized agencies and other 

7 international organizations, as well as conferences and 

8 other development programs, in support of fair inter9 national protection of intellectual property rights. 

10 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

11 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

12 For necessary expenses of the National Institute of 

13 Standards and Technology, $510,000,000, to remain 

14 available until expended, of which not to exceed 

15 $9,000,000 may be transferred to the ‘‘Working Capital 

16 Fund’’: Provided, That not to exceed $10,000 shall be for 

17 official reception and representation expenses. 

18 INDUSTRIAL TECHNOLOGY SERVICES

19 For necessary expenses of the Hollings Manufac20 turing Extension Partnership of the National Institute of 

21 Standards and Technology, $124,700,000, to remain 

22 available until expended. In addition, for necessary ex23 penses of the Technology Innovation Program of the Na24 tional Institute of Standards and Technology, 

25 $69,900,000, to remain available until expended. 


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1 CONSTRUCTION OF RESEARCH FACILITIES

2 For construction of new research facilities, including 

3 architectural and engineering design, and for renovation 

4 and maintenance of existing facilities, not otherwise pro5 vided for the National Institute of Standards and Tech6 nology, as authorized by 15 U.S.C. 278c–278e, 

7 $76,500,000, to remain available until expended, of which 

8 $20,000,000 is for a competitive construction grant pro9 gram for research science buildings: Provided further, 

10 That the Secretary of Commerce shall include in the budg11 et justification materials that the Secretary submits to 

12 Congress in support of the Department of Commerce 

13 budget (as submitted with the budget of the President 

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

15 estimate for each National Institute of Standards and 

16 Technology construction project having a total multi-year 

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

18 the budget justification materials shall include an estimate 

19 of the budgetary requirements for each such project for 

20 each of the five subsequent fiscal years. 


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1 NATIONAL OCEANIC AND ATMOSPHERIC

2 ADMINISTRATION

3 OPERATIONS, RESEARCH, AND FACILITIES

4 (INCLUDING TRANSFERS OF FUNDS)

5 For necessary expenses of activities authorized by law 

6 for the National Oceanic and Atmospheric Administration, 

7 including maintenance, operation, and hire of aircraft and 

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

9 organizations for the purposes of conducting activities 

10 pursuant to cooperative agreements; and relocation of fa11 cilities, $3,198,793,000 (increased by $500,000), to re12 main available until September 30, 2011, except for funds 

13 provided for cooperative enforcement, which shall remain 

14 available until September 30, 2012: Provided, That fees 

15 and donations received by the National Ocean Service for 

16 the management of national marine sanctuaries may be 

17 retained and used for the salaries and expenses associated 

18 with those activities, notwithstanding 31 U.S.C. 3302: 

19 Provided further, That in addition, $3,000,000 shall be de20 rived by transfer from the fund entitled ‘‘Coastal Zone 

21 Management’’ and in addition $104,600,000 shall be de22 rived by transfer from the fund entitled ‘‘Promote and De23 velop Fishery Products and Research Pertaining to Amer24 ican Fisheries’’: Provided further, That of the 

25 $3,317,393,000 (increased by $500,000) provided for in 


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1 direct obligations under this heading $3,198,793,000 (in2 creased by $500,000) is appropriated from the general 

3 fund, $107,600,000 is provided by transfer, and 

4 $11,000,000 is derived from recoveries of prior year obli5 gations: Provided further, That the total amount available 

6 for the National Oceanic and Atmospheric Administration 

7 corporate services administrative support costs shall not 

8 exceed $228,549,000: Provided further, That payments of 

9 funds made available under this heading to the Depart10 ment of Commerce Working Capital Fund including De11 partment of Commerce General Counsel legal services 

12 shall not exceed $41,944,000: Provided further, That any 

13 deviation from the amounts designated for specific activi14 ties in the report accompanying this Act, or any use of 

15 deobligated balances of funds provided under this heading 

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

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

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

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

20 coastal State shall receive more than 5 percent or less 

21 than 1 percent of increased funds appropriated over the 

22 previous fiscal year: Provided further, That within the 

23 amounts appropriated, $37,500,000 shall be used for the 

24 projects, and in the amounts, specified in the table titled 

25 ‘‘Congressionally-designated items’’ in the report of the 


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1 Committee on Appropriations of the House of Representa2 tives to accompany this Act. 

3 In addition, for necessary retired pay expenses under 

4 the Retired Serviceman’s Family Protection and Survivor 

5 Benefits Plan, and for payments for the medical care of 

6 retired personnel and their dependents under the Depend7 ents Medical Care Act (10 U.S.C. 55), such sums as may 

8 be necessary. 

9 PROCUREMENT, ACQUISITION AND CONSTRUCTION

10 For procurement, acquisition and construction of 

11 capital assets, including alteration and modification costs, 

12 of the National Oceanic and Atmospheric Administration, 

13 $1,409,148,000, to remain available until September 30, 

14 2012, except funds provided for construction of facilities 

15 which shall remain available until expended: Provided, 

16 That of the $1,411,148,000 provided for in direct obliga17 tions under this heading $1,409,148,000 is appropriated 

18 from the general fund and $2,000,000 is provided from 

19 recoveries of prior year obligations: Provided further, That 

20 except to the extent expressly prohibited by any other law, 

21 the Department of Defense may delegate procurement 

22 functions related to the National Polar-orbiting Oper23 ational Environmental Satellite System to officials of the 

24 Department of Commerce pursuant to section 2311 of title 

25 10, United States Code: Provided further, That any deviVerDate Nov 24 2008 02:20 Nov 06, 2009 Jkt 089200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6401 E:\BILLS\H2847.PP H2847

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1 ation from the amounts designated for specific activities 

2 in the report accompanying this Act, or any use of 

3 deobligated balances of funds provided under this heading 

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

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

6 the Secretary of Commerce shall include in budget jus7 tification materials that the Secretary submits to Congress 

8 in support of the Department of Commerce budget (as 

9 submitted with the budget of the President under section 

10 1105(a) of title 31, United States Code) an estimate for 

11 each National Oceanic and Atmospheric Administration 

12 Procurement, Acquisition, or Construction project having 

13 a total of more than $5,000,000 and simultaneously the 

14 budget justification shall include an estimate of the budg15 etary requirements for each such project for each of the 

16 five subsequent fiscal years. 

17 COASTAL ZONE MANAGEMENT FUND

18 (INCLUDING TRANSFER OF FUNDS)

19 Of amounts collected pursuant to section 308 of the 

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

21 1456a), not to exceed $3,000,000 shall be transferred to 

22 the ‘‘Operations, Research, and Facilities’’ account to off23 set the costs of implementing such Act. 


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1 FISHERIES FINANCE PROGRAM ACCOUNT

2 Subject to section 502 of the Congressional Budget 

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

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

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

6 direct loans as authorized by the Merchant Marine Act 

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

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

9 new fishing vessel that will increase the harvesting capac10 ity in any United States fishery. 

11 DEPARTMENTAL MANAGEMENT

12 SALARIES AND EXPENSES

13 For expenses necessary for the departmental manage14 ment of the Department of Commerce provided for by law, 

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

16 $60,000,000 (reduced by $500,000) (reduced by 

17 $4,000,000): Provided, That the Secretary, within 30 days 

18 of enactment of this Act, shall provide a report to the 

19 Committees on Appropriations that audits and evaluates 

20 all decision documents and expenditures by the Bureau 

21 of the Census as they relate to the 2010 Census: Provided 

22 further, That of the amounts provided to the Secretary 

23 within this account, $5,000,000 shall not become available 

24 for obligation until the Secretary certifies to the House 

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1 reau of the Census has followed and met all standards and 

2 best practices, and all Office of Management and Budget 

3 guidelines related to information technology projects and 

4 contract management. 

5 HERBERT C. HOOVER BUILDING RENOVATION AND

6 MODERNIZATION

7 For expenses necessary, including blast windows, for 

8 the renovation and modernization of the Herbert C. Hoo9 ver Building, $5,000,000, to remain available until ex10 pended. 

11 OFFICE OF INSPECTOR GENERAL

12 For necessary expenses of the Office of Inspector 

13 General in carrying out the provisions of the Inspector 

14 General Act of 1978 (5 U.S.C. App.), $27,000,000. 

15 GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

16 (INCLUDING TRANSFER OF FUNDS)

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

18 appropriations and funds made available to the Depart19 ment of Commerce by this Act shall be available for the 

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

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

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

23 be used for advanced payments not otherwise authorized 

24 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 

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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. The requirements set forth by section 112 

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

24 by reference. 


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1 SEC. 106. Notwithstanding any other law, the Sec2 retary may furnish services (including but not limited to 

3 utilities, telecommunications, and security services) nec4 essary to support the operation, maintenance, and im5 provement of space that persons, firms or organizations 

6 are authorized pursuant to the Public Buildings Coopera7 tive Use Act of 1976 or other authority to use or occupy 

8 in the Herbert C. Hoover Building, Washington, DC, or 

9 other buildings, the maintenance, operation, and protec10 tion of which has been delegated to the Secretary from 

11 the Administrator of General Services pursuant to the 

12 Federal Property and Administrative Services Act of 

13 1949, as amended, on a reimbursable or non-reimbursable 

14 basis. Amounts received as reimbursement for services 

15 provided under this section or the authority under which 

16 the use or occupancy of the space is authorized, up to 

17 $200,000, shall be credited to the appropriation or fund 

18 which initially bears the costs of such services. 

19 SEC. 107. The Administration of the National Oce20 anic and Atmospheric Administration is authorized to use, 

21 with their consent, with reimbursement and subject to the 

22 limits of available appropriations, the land, services, equip23 ment, personnel, and facilities of any department, agency 

24 or instrumentality of the United States, or of any state, 

25 local government, Indian tribal government, Territory or 


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1 possession, or of any political subdivision thereof, or of 

2 any foreign government or international organization for 

3 purposes related to carrying out the responsibilities of any 

4 statute administered by the National Oceanic and Atmos5 pheric Administration. 

6 This title may be cited as the ‘‘Department of Com7 merce Appropriations Act, 2010’’. 

8 TITLE II 

9 DEPARTMENT OF JUSTICE 

10 GENERAL ADMINISTRATION

11 SALARIES AND EXPENSES

12 For expenses necessary for the administration of the 

13 Department of Justice, $118,488,000 (reduced by 

14 $2,500,000) (increased by $1,000,000) (reduced by 

15 $1,000,000) of which not to exceed $4,000,000 for secu16 rity and construction of Department of Justice facilities 

17 shall remain available until expended: Provided, That the 

18 Attorney General is authorized to transfer funds appro19 priated within General Administration to any office in this 

20 account: Provided further, That $14,693,000 (increased by 

21 $1,000,000) (reduced by $1,000,000) is for Department 

22 Leadership; $8,101,000 is for Intergovernmental Rela23 tions/External Affairs; $12,715,000 is for Executive Sup24 port/Professional Responsibility; and $82,979,000 is for 

25 the Justice Management Division: Provided further, That 


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1 any change in amounts specified in the preceding proviso 

2 greater than 5 percent shall be submitted for approval to 

3 the House and Senate Committees on Appropriations con4 sistent with the terms of section 505 of this Act: Provided 

5 further, That this transfer authority is in addition to 

6 transfers authorized under section 505 of this Act. 

7 NATIONAL DRUG INTELLIGENCE CENTER

8 For necessary expenses of the National Drug Intel9 ligence Center, $44,023,000, of which $2,000,000 shall be 

10 for reimbursement of Air Force personnel for the National 

11 Drug Intelligence Center to support the Department of 

12 Defense’s counter-drug intelligence responsibilities: Pro13 vided, That the National Drug Intelligence Center shall 

14 maintain the personnel and technical resources to provide 

15 timely support to law enforcement authorities and the in16 telligence community by conducting document and com17 puter exploitation of materials collected in Federal, State, 

18 and local law enforcement activity associated with counter19 drug, counterterrorism, and national security investiga20 tions and operations. 

21 JUSTICE INFORMATION SHARING TECHNOLOGY

22 For necessary expenses for information sharing tech23 nology, including planning, development, deployment and 

24 departmental direction, $109,417,000 (reduced by 

25 $21,132,000), to remain available until expended, of which 


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1 not less than $21,132,000 (reduced by $21,132,000) is 

2 for the unified financial management system. 

3 TACTICAL LAW ENFORCEMENT WIRELESS

4 COMMUNICATIONS

5 For the costs of developing and implementing a na6 tion-wide Integrated Wireless Network supporting Federal 

7 law enforcement communications, and for the costs of op8 erations and maintenance of existing Land Mobile Radio 

9 legacy systems, $205,143,000, to remain available until 

10 expended: Provided, That the Attorney General shall 

11 transfer to this account all funds made available to the 

12 Department of Justice for the purchase of portable and 

13 mobile radios: Provided further, That any transfer made 

14 under the preceding proviso shall be subject to section 505 

15 of this Act. 

16 ADMINISTRATIVE REVIEW AND APPEALS

17 For expenses necessary for the administration of par18 don and clemency petitions and immigration-related activi19 ties, $300,685,000, of which $4,000,000 shall be derived 

20 by transfer from the Executive Office for Immigration Re21 view fees deposited in the ‘‘Immigration Examinations 

22 Fee’’ account. 

23 DETENTION TRUSTEE

24 For necessary expenses of the Federal Detention 

25 Trustee, $1,438,663,000, to remain available until exVerDate Nov 24 2008 02:20 Nov 06, 2009 Jkt 089200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6401 E:\BILLS\H2847.PP H2847

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1 pended: Provided, That the Trustee shall be responsible 

2 for managing the Justice Prisoner and Alien Transpor3 tation System: Provided further, That not to exceed 

4 $5,000,000 shall be considered ‘‘funds appropriated for 

5 State and local law enforcement assistance’’ pursuant to 

6 18 U.S.C. 4013(b). 

7 OFFICE OF INSPECTOR GENERAL

8 For necessary expenses of the Office of Inspector 

9 General, $84,368,000, including not to exceed $10,000 to 

10 meet unforeseen emergencies of a confidential character. 

11 UNITED STATES PAROLE COMMISSION

12 SALARIES AND EXPENSES

13 For necessary expenses of the United States Parole 

14 Commission as authorized, $12,859,000. 

15 LEGAL ACTIVITIES

16 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

17 For expenses necessary for the legal activities of the 

18 Department of Justice, not otherwise provided for, includ19 ing not to exceed $20,000 for expenses of collecting evi20 dence, to be expended under the direction of, and to be 

21 accounted for solely under the certificate of, the Attorney 

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

23 in the District of Columbia, $875,097,000, of which not 

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

25 shall remain available until expended: Provided, That of 


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

2 be available to the United States National Central Bu3 reau, INTERPOL, for official reception and representa4 tion expenses: Provided further, That notwithstanding sec5 tion 205 of this Act, upon a determination by the Attorney 

6 General that emergent circumstances require additional 

7 funding for litigation activities of the Civil Division, the 

8 Attorney General may transfer such amounts to ‘‘Salaries 

9 and Expenses, General Legal Activities’’ from available 

10 appropriations for the current fiscal year for the Depart11 ment of Justice, as may be necessary to respond to such 

12 circumstances: Provided further, That any transfer pursu13 ant to the previous proviso shall be treated as a re14 programming under section 505 of this Act and shall not 

15 be available for obligation or expenditure except in compli16 ance with the procedures set forth in that section: Pro17 vided further, That of the amount appropriated, such sums 

18 as may be necessary shall be available to reimburse the 

19 Office of Personnel Management for salaries and expenses 

20 associated with the election monitoring program under 

21 section 8 of the Voting Rights Act of 1965 (42 U.S.C. 

22 1973f): Provided further, That of the amounts provided 

23 under this heading for the election monitoring program 

24 $3,390,000, shall remain available until expended. 


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1 In addition, for reimbursement of expenses of the De2 partment of Justice associated with processing cases 

3 under the National Childhood Vaccine Injury Act of 1986, 

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

5 Vaccine Injury Compensation Trust Fund. 

6 SALARIES AND EXPENSES, ANTITRUST DIVISION

7 For expenses necessary for the enforcement of anti8 trust and kindred laws, $163,170,000, to remain available 

9 until expended: Provided, That notwithstanding any other 

10 provision of law, fees collected for premerger notification 

11 filings under the Hart-Scott-Rodino Antitrust Improve12 ments Act of 1976 (15 U.S.C. 18a), regardless of the year 

13 of collection (and estimated to be $102,000,000 in fiscal 

14 year 2010), shall be retained and used for necessary ex15 penses in this appropriation, and shall remain available 

16 until expended: Provided further, That the sum herein ap17 propriated from the general fund shall be reduced as such 

18 offsetting collections are received during fiscal year 2010, 

19 so as to result in a final fiscal year 2010 appropriation 

20 from the general fund estimated at $61,170,000. 

21 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

22 For necessary expenses of the Offices of the United 

23 States Attorneys, including inter-governmental and coop24 erative agreements, $1,934,003,000: Provided, That of the 

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


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1 available for official reception and representation ex2 penses: Provided further, That not to exceed $25,000,000 

3 shall remain available until expended: Provided further, 

4 That of the amount provided under this heading, not less 

5 than $36,980,000 shall be used for salaries and expenses 

6 for assistant U.S. Attorneys to carry out section 704 of 

7 the Adam Walsh Child Protection and Safety Act of 2006 

8 (Public Law 109–248) concerning the prosecution of of9 fenses relating to the sexual exploitation of children: Pro10 vided further, That of the amount provided under this 

11 heading, $6,000,000 is for salaries and expenses for new 

12 assistant U.S. Attorneys to carry out additional prosecu13 tions of serious crimes in Indian Country. 

14 UNITED STATES TRUSTEE SYSTEM FUND

15 For necessary expenses of the United States Trustee 

16 Program, as authorized, $224,488,000, to remain avail17 able until expended and to be derived from the United 

18 States Trustee System Fund: Provided, That notwith19 standing any other provision of law, deposits to the Fund 

20 shall be available in such amounts as may be necessary 

21 to pay refunds due depositors: Provided further, That, not22 withstanding any other provision of law, $210,000,000 of 

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

24 be retained and used for necessary expenses in this appro25 priation and shall remain available until expended: ProVerDate Nov 24 2008 02:20 Nov 06, 2009 Jkt 089200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6401 E:\BILLS\H2847.PP H2847

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1 vided further, That the sum herein appropriated from the 

2 Fund shall be reduced as such offsetting collections are 

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

4 fiscal year 2009 appropriation from the Fund estimated 

5 at $9,488,000. 

6 SALARIES AND EXPENSES, FOREIGN CLAIMS

7 SETTLEMENT COMMISSION

8 For expenses necessary to carry out the activities of 

9 the Foreign Claims Settlement Commission, including 

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

11 States Code, $2,117,000. 

12 FEES AND EXPENSES OF WITNESSES

13 For fees and expenses of witnesses, for expenses of 

14 contracts for the procurement and supervision of expert 

15 witnesses, for private counsel expenses, including ad16 vances, and for expenses of foreign counsel, $168,300,000, 

17 to remain available until expended, of which not to exceed 

18 $10,000,000 is for construction of buildings for protected 

19 witness safesites; not to exceed $3,000,000 is for the pur20 chase and maintenance of armored and other vehicles for 

21 witness security caravans; and not to exceed $11,000,000 

22 may be made available for the purchase, installation, 

23 maintenance, and upgrade of secure telecommunications 

24 equipment and a secure automated information network 


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1 to store and retrieve the identities and locations of pro2 tected witnesses. 

3 SALARIES AND EXPENSES, COMMUNITY RELATIONS

4 SERVICE

5 For necessary expenses of the Community Relations 

6 Service, $11,479,000: Provided, That notwithstanding sec7 tion 205 of this Act, upon a determination by the Attorney 

8 General that emergent circumstances require additional 

9 funding for conflict resolution and violence prevention ac10 tivities of the Community Relations Service, the Attorney 

11 General may transfer such amounts to the Community Re12 lations Service, from available appropriations for the cur13 rent fiscal year for the Department of Justice, as may be 

14 necessary to respond to such circumstances: Provided fur15 ther, That any transfer pursuant to the preceding proviso 

16 shall be treated as a reprogramming under section 505 

17 of this Act and shall not be available for obligation or ex18 penditure except in compliance with the procedures set 

19 forth in that section. 

20 ASSETS FORFEITURE FUND

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

22 (F), and (G), $20,990,000, to be derived from the Depart23 ment of Justice Assets Forfeiture Fund. 


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1 UNITED STATES MARSHALS SERVICE

2 SALARIES AND EXPENSES

3 For necessary expenses of the United States Mar4 shals Service, $1,138,388,000; 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 shall remain available until expended for information tech8 nology systems; and of which not less than $12,625,000 

9 shall be available for the costs of courthouse security 

10 equipment, including furnishings, relocations, and tele11 phone systems and cabling, and shall remain available 

12 until expended. 

13 CONSTRUCTION

14 For construction in space controlled, occupied or uti15 lized by the United States Marshals Service for prisoner 

16 holding and related support, $14,000,000, to remain avail17 able until expended. 

18 NATIONAL SECURITY DIVISION

19 SALARIES AND EXPENSES

20 For expenses necessary to carry out the activities of 

21 the National Security Division, $87,938,000; 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 


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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 preceding 

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, $528,569,000, 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. 


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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, $7,718,741,000 (in6 creased by $1,000,000) (reduced by $1,000,000), of which 

7 $101,066,000 (increased by $1,000,000) (reduced by 

8 $1,000,000) is designated as being for overseas deploy9 ments and other activities pursuant to section 423(a)(1) 

10 of S. Con. Res. 13 (111th Congress), the concurrent reso11 lution on the budget for fiscal year 2010; and of which 

12 not to exceed $150,000,000 shall remain available until 

13 expended: Provided, That not to exceed $205,000 shall be 

14 available for official reception and representation ex15 penses. 

16 CONSTRUCTION

17 For necessary expenses to construct or acquire build18 ings and sites by purchase, or as otherwise authorized by 

19 law (including equipment for such buildings); conversion 

20 and extension of federally owned buildings; and prelimi21 nary planning and design of projects; $132,796,000, to 

22 remain available until expended. 


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1 DRUG ENFORCEMENT ADMINISTRATION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Drug Enforcement Ad4 ministration, including not to exceed $70,000 to meet un5 foreseen emergencies of a confidential character pursuant 

6 to 28 U.S.C. 530C; and expenses for conducting drug edu7 cation and training programs, including travel and related 

8 expenses for participants in such programs and the dis9 tribution of items of token value that promote the goals 

10 of such programs, $2,019,682,000; of which not to exceed 

11 $75,000,000 shall remain available until expended; and of 

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

13 reception and representation expenses. 

14 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND

15 EXPLOSIVES

16 SALARIES AND EXPENSES

17 For necessary expenses of the Bureau of Alcohol, To18 bacco, Firearms and Explosives, not to exceed $40,000 for 

19 official reception and representation expenses; for training 

20 of State and local law enforcement agencies with or with21 out reimbursement, including training in connection with 

22 the training and acquisition of canines for explosives and 

23 fire accelerants detection; and for provision of laboratory 

24 assistance to State and local law enforcement agencies, 

25 with or without reimbursement, $1,105,772,000, of which 


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1 not to exceed $1,000,000 shall be available for the pay2 ment of attorneys’ fees as provided by section 924(d)(2) 

3 of title 18, United States Code; and of which not to exceed 

4 $10,000,000 shall remain available until expended: Pro5 vided, That no funds appropriated herein shall be available 

6 for salaries or administrative expenses in connection with 

7 consolidating or centralizing, within the Department of 

8 Justice, the records, or any portion thereof, of acquisition 

9 and disposition of firearms maintained by Federal fire10 arms licensees: Provided further, That no funds appro11 priated herein shall be used to pay administrative expenses 

12 or the compensation of any officer or employee of the 

13 United States to implement an amendment or amend14 ments to 27 CFR 478.118 or to change the definition of 

15 ‘‘Curios or relics’’ in 27 CFR 478.11 or remove any item 

16 from ATF Publication 5300.11 as it existed on January 

17 1, 1994: Provided further, That none of the funds appro18 priated herein shall be available to investigate or act upon 

19 applications for relief from Federal firearms disabilities 

20 under 18 U.S.C. 925(c): Provided further, That such funds 

21 shall be available to investigate and act upon applications 

22 filed by corporations for relief from Federal firearms dis23 abilities under section 925(c) of title 18, United States 

24 Code: Provided further, That no funds made available by 

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1 tions, missions, or activities of the Bureau of Alcohol, To2 bacco, Firearms and Explosives to other agencies or De3 partments in fiscal year 2010: Provided further, That, be4 ginning in fiscal year 2010 and thereafter, no funds ap5 propriated under this or any other Act may be used to 

6 disclose part or all of the contents of the Firearms Trace 

7 System database maintained by the National Trace Center 

8 of the Bureau of Alcohol, Tobacco, Firearms and Explo9 sives or any information required to be kept by licensees 

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

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

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

13 local, or tribal law enforcement agency, or a Federal, 

14 State, or local prosecutor; or (2) a foreign law enforcement 

15 agency solely in connection with or for use in a criminal 

16 investigation or prosecution; or (3) a Federal agency for 

17 a national security or intelligence purpose; unless such dis18 closure of such data to any of the entities described in 

19 (1), (2) or (3) of this proviso would compromise the iden20 tity of any undercover law enforcement officer or confiden21 tial informant, or interfere with any case under investiga22 tion; and no person or entity described in (1), (2) or (3) 

23 shall knowingly and publicly disclose such data; and all 

24 such data shall be immune from legal process, shall not 

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1 missible in evidence, and shall not be used, relied on, or 

2 disclosed in any manner, nor shall testimony or other evi3 dence be permitted based on the data, in a civil action 

4 in any State (including the District of Columbia) or Fed5 eral court or in an administrative proceeding other than 

6 a proceeding commenced by the Bureau of Alcohol, To7 bacco, Firearms and Explosives to enforce the provisions 

8 of chapter 44 of such title, or a review of such an action 

9 or proceeding; except that this proviso shall not be con10 strued to prevent: (A) the disclosure of statistical informa11 tion concerning total production, importation, and expor12 tation by each licensed importer (as defined in section 

13 921(a)(9) of such title) and licensed manufacturer (as de14 fined in section 921(a)(10) of such title); (B) the sharing 

15 or exchange of such information among and between Fed16 eral, State, local, or foreign law enforcement agencies, 

17 Federal, State, or local prosecutors, and Federal national 

18 security, intelligence, or counterterrorism officials; or (C) 

19 the publication of annual statistical reports on products 

20 regulated by the Bureau of Alcohol, Tobacco, Firearms 

21 and Explosives, including total production, importation, 

22 and exportation by each licensed importer (as so defined) 

23 and licensed manufacturer (as so defined), or statistical 

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1 ficking investigations: Provided further, That no funds 

2 made available by this or any other Act shall be expended 

3 to promulgate or implement any rule requiring a physical 

4 inventory of any business licensed under section 923 of 

5 title 18, United States Code: Provided further, That no 

6 funds under this Act may be used to electronically retrieve 

7 information gathered pursuant to 18 U.S.C. 923(g)(4) by 

8 name or any personal identification code: Provided further, 

9 That no funds authorized or made available under this or 

10 any other Act may be used to deny any application for 

11 a license under section 923 of title 18, United States Code, 

12 or renewal of such a license due to a lack of business activ13 ity, provided that the applicant is otherwise eligible to re14 ceive such a license, and is eligible to report business in15 come or to claim an income tax deduction for business ex16 penses under the Internal Revenue Code of 1986. 

17 FEDERAL PRISON SYSTEM

18 SALARIES AND EXPENSES

19 For necessary expenses of the Federal Prison System 

20 for the administration, operation, and maintenance of 

21 Federal penal and correctional institutions, including pur22 chase (not to exceed 831, of which 743 are for replacement 

23 only) and hire of law enforcement and passenger motor 

24 vehicles, and for the provision of technical assistance and 

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1 ments, $6,077,231,000: Provided, That the Attorney Gen2 eral may transfer to the Health Resources and Services 

3 Administration such amounts as may be necessary for di4 rect expenditures by that Administration for medical relief 

5 for inmates of Federal penal and correctional institutions: 

6 Provided further, That the Director of the Federal Prison 

7 System, where necessary, may enter into contracts with 

8 a fiscal agent or fiscal intermediary claims processor to 

9 determine the amounts payable to persons who, on behalf 

10 of the Federal Prison System, furnish health services to 

11 individuals committed to the custody of the Federal Prison 

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

13 be available for official reception and representation ex14 penses: Provided further, That not to exceed $50,000,000 

15 shall remain available for necessary operations until Sep16 tember 30, 2011: Provided further, That, of the amounts 

17 provided for contract confinement, not to exceed 

18 $20,000,000 shall remain available until expended to 

19 make payments in advance for grants, contracts and reim20 bursable agreements, and other expenses authorized by 

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

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

23 in the United States of Cuban and Haitian entrants: Pro24 vided further, That the Director of the Federal Prison Sys25 tem may accept donated property and services relating to 


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1 the operation of the prison card program from a not-for2 profit entity which has operated such program in the past 

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

4 furnishes services under contracts to the Federal Prison 

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

6 halfway houses, or other custodial facilities. 

7 BUILDINGS AND FACILITIES

8 For planning, acquisition of sites and construction of 

9 new facilities; purchase and acquisition of facilities and re10 modeling, and equipping of such facilities for penal and 

11 correctional use, including all necessary expenses incident 

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

13 remodeling, and equipping necessary buildings and facili14 ties at existing penal and correctional institutions, includ15 ing all necessary expenses incident thereto, by contract or 

16 force account, $96,744,000, to remain available until ex17 pended, of which not less than $71,358,000 shall be avail18 able only for modernization, maintenance and repair, and 

19 of which not to exceed $14,000,000 shall be available to 

20 construct areas for inmate work programs: Provided, That 

21 labor of United States prisoners may be used for work 

22 performed under this appropriation. 

23 FEDERAL PRISON INDUSTRIES, INCORPORATED

24 The Federal Prison Industries, Incorporated, is here25 by authorized to make such expenditures, within the limits 


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1 of funds and borrowing authority available, and in accord 

2 with the law, and to make such contracts and commit3 ments, without regard to fiscal year limitations as pro4 vided by section 9104 of title 31, United States Code, as 

5 may be necessary in carrying out the program set forth 

6 in the budget for the current fiscal year for such corpora7 tion, including purchase (not to exceed five for replace8 ment only) and hire of passenger motor vehicles. 

9 LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL

10 PRISON INDUSTRIES, INCORPORATED

11 Not to exceed $2,700,000 of the funds of the Federal 

12 Prison Industries, Incorporated shall be available for its 

13 administrative expenses, and for services as authorized by 

14 section 3109 of title 5, United States Code, to be com15 puted on an accrual basis to be determined in accordance 

16 with the corporation’s current prescribed accounting sys17 tem, and such amounts shall be exclusive of depreciation, 

18 payment of claims, and expenditures which such account19 ing system requires to be capitalized or charged to cost 

20 of commodities acquired or produced, including selling and 

21 shipping expenses, and expenses in connection with acqui22 sition, construction, operation, maintenance, improvement, 

23 protection, or disposition of facilities and other property 

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


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1 STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES

2 OFFICE ON VIOLENCE AGAINST WOMEN

3 VIOLENCE AGAINST WOMEN PREVENTION AND

4 PROSECUTION PROGRAMS

5 For grants, contracts, cooperative agreements, and 

6 other assistance for the prevention and prosecution of vio7 lence against women, as authorized by the Omnibus Crime 

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

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

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

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

12 (Public Law 101–647) (‘‘the 1990 Act’’); the Prosecu13 torial Remedies and Other Tools to end the Exploitation 

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

15 Juvenile Justice and Delinquency Prevention Act of 1974 

16 (42 U.S.C. 5601 et seq.) (‘‘the 1974 Act’’); the Victims 

17 of Trafficking and Violence Protection Act of 2000 (Public 

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

19 Against Women and Department of Justice Reauthoriza20 tion Act of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); 

21 and for related victims services, $400,000,000 (increased 

22 by $4,000,000), to remain available until expended: Pro23 vided, That except as otherwise provided by law, not to 

24 exceed 3 percent of funds made available under this head25 ing may be used for expenses related to evaluation, trainVerDate Nov 24 2008 02:20 Nov 06, 2009 Jkt 089200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6401 E:\BILLS\H2847.PP H2847

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1 ing, and technical assistance: Provided further, That of the 

2 amount provided— 

3 (1) $200,000,000 for grants to combat violence 

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

5 Act, of which— 

6 (A) $18,000,000 shall be for transitional 

7 housing assistance grants for victims of domes8 tic violence, stalking or sexual assault as au9 thorized by section 40299 of the 1994 Act; and 

10 (B) $3,000,000 shall be for the National 

11 Institute of Justice for research and evaluation 

12 of violence against women and related issues 

13 addressed by grant programs of the Office on 

14 Violence Against Women; 

15 (2) $60,000,000 for grants to encourage arrest 

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

17 (3) $13,000,000 for sexual assault victims as18 sistance, as authorized by section 41601 of the 1994 

19 Act; 

20 (4) $41,000,000 for rural domestic violence and 

21 child abuse enforcement assistance grants, as au22 thorized by section 40295 of the 1994 Act; 

23 (5) $9,500,000 for grants to reduce violent 

24 crimes against women on campus, as authorized by 

25 section 304 of the 2005 Act; 


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1 (6) $37,000,000 (increased by $4,000,000) for 

2 legal assistance for victims, as authorized by section 

3 1201 of the 2000 Act; 

4 (7) $4,250,000 for enhanced training and serv5 ices to end violence against and abuse of women in 

6 later life, as authorized by section 40802 of the 

7 1994 Act; 

8 (8) $14,000,000 for the safe havens for chil9 dren program, as authorized by section 1301 of the 

10 2000 Act; 

11 (9) $6,750,000 for education and training to 

12 end violence against and abuse of women with dis13 abilities, as authorized by section 1402 of the 2000 

14 Act; 

15 (10) $3,000,000 for an engaging men and 

16 youth in prevention program, as authorized by sec17 tion 41305 of the 1994 Act; 

18 (11) $1,000,000 for tracking of violence against 

19 Indian women, as authorized by section 905 of the 

20 2005 Act; 

21 (12) $3,500,000 for services to advocate and 

22 respond to youth, as authorized by section 41201 of 

23 the 1994 Act; 


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1 (13) $3,000,000 for grants to assist children 

2 and youth exposed to violence, as authorized by sec3 tion 41303 of the 1994 Act; 

4 (14) $3,000,000 for the court training and im5 provements program, as authorized by section 41002 

6 of the 1994 Act; and 

7 (15) $1,000,000 for the National Resource 

8 Center on Workplace Responses to assist victims of 

9 domestic violence, as authorized by section 41501 of 

10 the 1994 Act. 

11 OFFICE OF JUSTICE PROGRAMS

12 SALARIES AND EXPENSES

13 For necessary expenses, not elsewhere specified in 

14 this title, for management and administration of programs 

15 within the Office on Violence Against Women, the Office 

16 of Justice Programs and the Community Oriented Polic17 ing Services Office, $192,388,000 (reduced by 

18 $78,768,000) (reduced by $5,000,000), of which not to 

19 exceed $15,708,000 shall be available for transfer to the 

20 Office on Violence Against Women; of which not to exceed 

21 $139,218,000 (reduced by $78,768,000) (reduced by 

22 $5,000,000) shall be available for the Office of Justice 

23 Programs; and of which not to exceed $37,462,000 shall 

24 be available for transfer to the Community Oriented Polic25 ing Services Office: Provided, That, notwithstanding secVerDate Nov 24 2008 02:20 Nov 06, 2009 Jkt 089200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6401 E:\BILLS\H2847.PP H2847

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1 tion 109 of title I of Public Law 90–351, an additional 

2 amount, not to exceed $21,000,000 shall be available for 

3 authorized activities of the Office of Audit, Assessment, 

4 and Management: Provided further, That the total amount 

5 available for management and administration of such pro6 grams shall not exceed $213,388,000 (reduced by 

7 $78,768,000) (reduced by $5,000,000). 

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 1968 

12 Act’’; the Juvenile Justice and Delinquency Prevention 

13 Act of 1974 ‘‘the 1974 Act’’; the Missing Children’s As14 sistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial 

15 Remedies and Other Tools to end the Exploitation of Chil16 dren Today Act of 2003 (Public Law 108–21); the Justice 

17 for All Act of 2004 (Public Law 108–405); the Violence 

18 Against Women and Department of Justice Reauthoriza19 tion Act of 2005 (Public Law 109–162); the Victims of 

20 Child Abuse Act of 1990 (Public Law 101–647); the Sec21 ond Chance Act of 2007 (Public Law 110–199); the Vic22 tims of Crime Act of 1984 (Public Law 98–473); the 

23 Adam Walsh Child Protection and Safety Act of 2006 

24 (Public Law 109–248); the PROTECT Our Children Act 

25 of 2008 (Public Law 110–401); subtitle D of title II of 


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

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

3 other programs (including the Statewide Automated Vic4 tim Notification Program); $226,000,000, to remain avail5 able until expended, of which— 

6 (1) $60,000,000 is for criminal justice statistics 

7 programs, and other activities, as authorized by title 

8 I of part C of the 1968 Act, of which $41,000,000 

9 is for the National Crime Victimization Survey; 

10 (2) $48,000,000 is for research, development, 

11 and evaluation programs, and other activities as au12 thorized by part B of title I of the 1968 Act; 

13 (3) 12,000,000 is for the Statewide Victim No14 tification System of the Bureau of Justice Assist15 ance; 

16 (4) $45,000,000 is for the Regional Informa17 tion Sharing System, as authorized by part M of 

18 title I of the 1968 Act; and 

19 (5) $61,000,000 is for the Missing Children’s 

20 Program, as authorized by sections 404(b) and 

21 405(a) of the 1974 Act. 

22 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

23 For grants, contracts, cooperative agreements, and 

24 other assistance authorized by the Violent Crime Control 

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


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

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

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

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

5 Act’’); the Trafficking Victims Protection Reauthorization 

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

7 Women and Department of Justice Reauthorization Act 

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

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

10 and the Victims of Trafficking and Violence Protection 

11 Act of 2000 (Public Law 106–386); the Second Chance 

12 Act of 2007 (Public Law 110–199); the Prioritizing Re13 sources and Organization for Intellectual Property Act of 

14 2008 (Public Law 110–403); and other programs; 

15 $1,312,500,000 (increased by $100,000,000), to remain 

16 available until expended as follows— 

17 (1) $529,000,000 for the Edward Byrne Memo18 rial Justice Assistance Grant program as authorized 

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

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

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

22 Act, as amended, shall not apply for purposes of this 

23 Act), of which $5,000,000 is for use by the National 

24 Institute of Justice in assisting units of local govern25 ment to identify, select, develop, modernize, and purVerDate Nov 24 2008 02:20 Nov 06, 2009 Jkt 089200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6401 E:\BILLS\H2847.PP H2847

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1 chase new technologies for use by law enforcement, 

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

3 local law enforcement intelligence capabilities includ4 ing antiterrorism training and training to ensure 

5 that constitutional rights, civil liberties, civil rights, 

6 and privacy interests are protected throughout the 

7 intelligence process, and $10,000,000 is for activities 

8 related to comprehensive criminal justice reform and 

9 recidivism reduction efforts by States; 

10 (2) $300,000,000 (increased by $100,000,000) 

11 for the State Criminal Alien Assistance Program, as 

12 authorized by section 241(i)(5) of the Immigration 

13 and Nationality Act (8 U.S.C. 1231(i)(5)); 

14 (3) $30,000,000 for the Southwest Border 

15 Prosecutor Initiative to reimburse State, county, 

16 parish, tribal, or municipal governments for costs as17 sociated with the prosecution of criminal cases de18 clined by local offices of the United States Attor19 neys; 

20 (4) $124,000,000 for discretionary grants to 

21 improve the functioning of the criminal justice sys22 tem, to prevent or combat juvenile delinquency, and 

23 to assist victims of crime (other than compensation) 

24 which shall be used for the projects, and in the 

25 amounts specified in the table titled ‘‘CongressionVerDate Nov 24 2008 02:20 Nov 06, 2009 Jkt 089200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6401 E:\BILLS\H2847.PP H2847

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1 ally-designated Items’’ in the report of the Com2 mittee on Appropriations of the House of Represent3 atives to accompany this Act; 

4 (5) $40,000,000 for competitive grants to im5 prove the functioning of the criminal justice system, 

6 to prevent or combat juvenile delinquency, and to as7 sist victims of crime (other than compensation); 

8 (6) $2,000,000 for the purposes described in 

9 the Missing Alzheimer’s Disease Patient Alert Pro10 gram (section 240001 of the 1994 Act); 

11 (7) $10,000,000 for victim services programs 

12 for victims of trafficking, as authorized by section 

13 107(b)(2) of Public Law 106–386 and for programs 

14 authorized under Public Law 109–164; 

15 (8) $45,000,000 for Drug Courts, as authorized 

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

17 (9) $7,000,000 for a program to monitor pre18 scription drugs and scheduled listed chemical prod19 ucts; 

20 (10) $15,000,000 for prison rape prevention 

21 and prosecution and other programs, as authorized 

22 by the Prison Rape Elimination Act of 2003 (Public 

23 Law 108–79); 


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1 (11) $30,000,000 for grants for Residential 

2 Substance Abuse Treatment for State Prisoners, as 

3 authorized by part S of title I of the 1968 Act; 

4 (12) $5,500,000 for the Capital Litigation Im5 provement Grant Program, as authorized by section 

6 426 of Public Law 108–405, and for grants for 

7 wrongful conviction review; 

8 (13) $12,000,000 for mental health courts and 

9 adult and juvenile collaboration program grants, as 

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

11 Act, and the Mentally Ill Offender Treatment and 

12 Crime Reduction Reauthorization and Improvement 

13 Act of 2008 (Public Law 110–416); 

14 (14) $47,000,000 for assistance to Indian 

15 tribes, of which— 

16 (A) $10,000,000 shall be available for 

17 grants under section 20109 of subtitle A of title 

18 II of the 1994 Act; 

19 (B) $25,000,000 shall be available for the 

20 Tribal Courts Initiative; and 

21 (C) $12,000,000 shall be available for trib22 al alcohol and substance abuse reduction assist23 ance grants; 


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1 (15) $20,000,000 for economic, high technology 

2 and Internet crime prevention grants, as authorized 

3 by Section 401 of Public Law 110–403; 

4 (16) $15,000,000 for the court-appointed spe5 cial advocate program, as authorized by section 217 

6 of the 1990 Act; 

7 (17) $2,500,000 for child abuse training pro8 grams for judicial personnel and practitioners, as 

9 authorized by section 222 of the 1990 Act; 

10 (18) $3,000,000 for grants to improve the 

11 stalking and domestic violence database, as author12 ized by section 40602 of the 1994 Act; 

13 (19) $1,000,000 for analysis and research on 

14 violence against Indian women, as authorized by sec15 tion 904 of the 2005 Act; 

16 (20) $3,500,000 for training programs as au17 thorized by section 40152 of the 1994 Act, and for 

18 related local demonstration projects; 

19 (21) $1,000,000 for grants for televised testi20 mony, as authorized by part N of title I of the 1968 

21 Act; 

22 (22) $15,000,000 for programs to reduce gun 

23 crime and gang violence; 

24 (23) $25,000,000 for the matching grant pro25 gram for law enforcement armor vests, as authorized 


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1 by section 2501 of title I of the 1968 Act: Provided, 

2 That $1,500,000 is for related research, testing, and 

3 evaluation programs; 

4 (24) $20,000,000 for grants to assist State and 

5 tribal governments as authorized by the NICS im6 provement Amendment Act of 2007 (Public Law 

7 110–180); and 

8 (25) $10,000,000 (increased by $2,500,000) for 

9 the National Criminal History Improvement pro10 gram for grants to upgrade criminal records: 

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

12 the funds made available under this heading to increase 

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

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

15 enforcement officers who perform non-administrative pub16 lic sector safety service. 

17 WEED AND SEED PROGRAM FUND

18 For necessary expenses, including salaries and re19 lated expenses of the Office of Weed and Seed Strategies, 

20 $15,000,000, to remain available until expended, as au21 thorized by section 103 of title I of the Omnibus Crime 

22 Control and Safe Streets Act of 1968. 

23 JUVENILE JUSTICE PROGRAMS

24 For grants, contracts, cooperative agreements, and 

25 other assistance authorized by the Juvenile Justice and 


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

2 Omnibus Crime Control and Safe Streets Act of 1968 

3 (‘‘the 1968 Act’’), the Violence Against Women and De4 partment of Justice Reauthorization Act of 2005 (Public 

5 Law 109–162), the Missing Children’s Assistance Act (42 

6 U.S.C. 5771 et seq.); the Prosecutorial Remedies and 

7 Other Tools to end the Exploitation of Children Today Act 

8 of 2003 (Public Law 108–21); the Victims of Child Abuse 

9 Act of 1990 (Public Law 101–647); the Adam Walsh 

10 Child Protection and Safety Act of 2006 (Public Law 

11 109–248); the PROTECT Our Children Act of 2008 

12 (Public Law 110–401), and other juvenile justice pro13 grams, $385,000,000, to remain available until expended 

14 as follows— 

15 (1) $75,000,000 for programs authorized by 

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

17 technical assistance to assist small, non-profit orga18 nizations with the Federal grants process; 

19 (2) $68,000,000 for grants and projects, as au20 thorized by sections 261 and 262 of the 1974 Act 

21 which shall be used for the projects, and in the 

22 amounts, specified in the table titled ‘‘Congression23 ally-designated items’’ in the report of the Com24 mittee on Appropriations of the House of Represent25 atives to accompany this Act; 


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1 (3) $80,000,000 for youth mentoring grants; 

2 (4) $62,000,000 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) $25,000,000 shall be for the Tribal 

6 Youth Program; 

7 (B) $10,000,000 shall be for a gang edu8 cation initiative; 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 (5) $20,000,000 for programs authorized by 

19 the Victims of Child Abuse Act of 1990; 

20 (6) $55,000,000 for the Juvenile Accountability 

21 Block Grants program as authorized by part R of 

22 title I of the 1968 Act and Guam shall be considered 

23 a State; 

24 (7) $18,000,000 for Community-based violence 

25 prevention initiatives; and 


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1 (8) $7,000,000 for the Safe Start Program, as 

2 authorized by the 1974 Act: 

3 Provided, That not more than 10 percent of each amount 

4 may be used for research, evaluation, and statistics activi5 ties designed to benefit the programs or activities author6 ized: Provided further, That not more than 2 percent of 

7 each amount may be used for training and technical as8 sistance: Provided further, That the previous two provisos 

9 shall not apply to grants and projects authorized by sec10 tions 261 and 262 of the 1974 Act. 

11 PUBLIC SAFETY OFFICER BENEFITS

12 For payments and expenses authorized under section 

13 1001(a)(4) of title I of the Omnibus Crime Control and 

14 Safe Streets Act of 1968, such sums as are necessary (in15 cluding amounts for administrative costs, which amounts 

16 shall be paid to the ‘‘Salaries and Expenses’’ account), to 

17 remain available until expended; and $5,000,000 for pay18 ments authorized by section 1201(b) of such Act to remain 

19 available until expended; and $4,100,000 for educational 

20 assistance, as authorized by section 1218 of such Act to 

21 remain available until expended. 

22 COMMUNITY ORIENTED POLICING SERVICES

23 For activities authorized by the Violent Crime Con24 trol and Law Enforcement Act of 1994 (Public Law 103– 

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


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

2 and Department of Justice Reauthorization Act of 2005 

3 (Public Law 109–162); subtitle D of title II of the Home4 land Security Act of 2002 (Public Law 107–296), which 

5 may include research and development; and the USA PA6 TRIOT Improvement and Reauthorization Act of 2005 

7 (Public Law 109–177); the Second Chance Act of 2007 

8 (Public Law 110–199); the NICS Improvement Amend9 ments Act of 2007 (Public Law 110–180); the Adam 

10 Walsh Child Protection and Safety Act of 2006 (Public 

11 Law 109–248) (the ‘‘Adam Walsh Act’’); and the Justice 

12 for All Act of 2004 (Public Law 108–405), $802,000,000 

13 (increased by $5,000,000), to remain available until ex14 pended: Provided, That any balances made available 

15 through prior year deobligations shall only be available in 

16 accordance with section 505 of this Act. Of the amount 

17 provided (which shall be by transfer, for programs admin18 istered by the Office of Justice Programs)— 

19 (1) $32,000,000 for grants to entities described 

20 in section 1701 of title I of the 1968 Act, to address 

21 public safety and methamphetamine manufacturing, 

22 sale, and use in hot spots, and for other anti-meth23 amphetamine-related activities: Provided, That with24 in the amounts appropriated, $17,900,000 shall be 

25 used for the projects, and in the amounts, specified 


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1 in the table titled ‘‘Congressionally-designated 

2 Items’’ in the report of Committee on Appropria3 tions of the House of Representatives to accompany 

4 this Act: Provided further That within the amounts 

5 appropriated, $10,000,000 shall be transferred to 

6 the Drug Enforcement Administration upon enact7 ment of this Act: Provided further, That within the 

8 amounts appropriated, $5,000,000 is for anti-meth9 amphetamine-related activities in Indian Country; 

10 (2) $123,000,000 is for a law enforcement tech11 nologies and interoperable communications program, 

12 and related law enforcement and public safety equip13 ment which shall be used for the projects, and in the 

14 amounts, specified in the table titled ‘‘Congression15 ally-designated items’’ in the report of the Com16 mittee on Appropriations of the House of Represent17 atives to accompany this Act; 

18 (3) $100,000,000 for offender re-entry pro19 grams, as authorized by the Second Chance Act of 

20 2007 (Public Law 110–199), of which $37,000,000 

21 is for grants for adult and juvenile offender state 

22 and local re-entry demonstration projects, 

23 $15,000,000 is for grants for mentoring and transi24 tional services, $10,000,000 is for re-entry courts, 

25 $7,500,000 is for family-based substance abuse 


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1 treatment, $2,500,000 is for evaluation and im2 provement of education at prisons, jails, and juvenile 

3 facilities, $5,000,000 is for technology careers train4 ing demonstration grants, $13,000,000 is for of5 fender reentry substance abuse and criminal justice 

6 collaboration, and $10,000,000 is for prisoner re7 entry research; 

8 (4) $151,000,000 (increased by $5,000,000) for 

9 DNA related and forensic programs and activities as 

10 follows— 

11 (A) $146,000,000 (increased by 

12 $5,000,000) for a DNA analysis and capacity 

13 enhancement program and for other local, state, 

14 and Federal forensic activities including the 

15 purposes of section 2 of the DNA Analysis 

16 Backlog Elimination Act of 2000 (the Debbie 

17 Smith DNA Backlog Grant Program); and 

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); 

22 (5) $40,000,000 for improving tribal law en23 forcement, including equipment and training; 

24 (6) $14,000,000 for Community Policing Devel25 opment activities; 


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1 (7) $28,000,000 for a national grant program 

2 the purpose of which is to assist State and local law 

3 enforcement to locate, arrest and prosecute child 

4 sexual predators and exploiters, and to enforce sex 

5 offender registration laws described in section 

6 1701(b) of the 1968 Act, of which— 

7 (A) $15,000,000 is for sex offender man8 agement assistance as authorized by the Adam 

9 Walsh Act and the Violent Crime Control Act 

10 of 1994 (Public Law 103–322); and 

11 (B) $1,000,000 is for the National Sex Of12 fender Public Registry; 

13 (8) $16,000,000 for expenses authorized by 

14 part AA of the 1968 Act (Secure our Schools); and 

15 (9) $298,000,000 for grants under section 1701 

16 of title I of the 1968 Act (42 U.S.C. 3796dd) for 

17 the hiring and rehiring of additional career law en18 forcement officers under part Q of such title not19 withstanding subsections (g) and (i) of such section 

20 and notwithstanding 42 U.S.C. 3796dd–3(c). 

21 GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

22 SEC. 201. In addition to amounts otherwise made 

23 available in this title for official reception and representa24 tion expenses, a total of not to exceed $75,000 from funds 

25 appropriated to the Department of Justice in this title 


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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. 

6 SEC. 206. The Attorney General is authorized to ex7 tend through September 30, 2011, the Personnel Manage8 ment Demonstration Project transferred to the Attorney 

9 General pursuant to section 1115 of the Homeland Secu10 rity Act of 2002, Public Law 107–296 (6 U.S.C. 533) 

11 without limitation on the number of employees or the posi12 tions covered. 

13 SEC. 207. Notwithstanding any other provision of 

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

15 the Bureau of Alcohol, Tobacco, Firearms and Explosives 

16 in the conduct of undercover investigative operations and 

17 shall apply without fiscal year limitation with respect to 

18 any undercover investigative operation by the Bureau of 

19 Alcohol, Tobacco, Firearms and Explosives that is nec20 essary for the detection and prosecution of crimes against 

21 the United States. 

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

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

24 purpose of transporting an individual who is a prisoner 

25 pursuant to conviction for crime under State or Federal 


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1 law and is classified as a maximum or high security pris2 oner, other than to a prison or other facility certified by 

3 the Federal Bureau of Prisons as appropriately secure for 

4 housing such a prisoner. 

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

6 Act may be used by Federal prisons to purchase cable tele7 vision services, to rent or purchase videocassettes, video8 cassette recorders, or other audiovisual or electronic equip9 ment used primarily for recreational purposes. 

10 (b) The preceding sentence does not preclude the 

11 renting, maintenance, or purchase of audiovisual or elec12 tronic equipment for inmate training, religious, or edu13 cational programs. 

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

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

16 for any other major new or enhanced information tech17 nology program having total estimated development costs 

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

19 General and the investment review board certify to the 

20 Committees on Appropriations that the information tech21 nology program has appropriate program management 

22 and contractor oversight mechanisms in place, and that 

23 the program is compatible with the enterprise architecture 

24 of the Department of Justice. 


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1 SEC. 211. The notification thresholds and procedures 

2 set forth in section 505 of this Act shall apply to devi3 ations from the amounts designated for specific activities 

4 in this Act and accompanying statement, and to any use 

5 of deobligated balances of funds provided under this title 

6 in previous years. 

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

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

9 or approve a public-private competition under the Office 

10 of Management and Budget Circular A–76 or any suc11 cessor administrative regulation, directive, or policy for 

12 work performed by employees of the Bureau of Prisons 

13 or of Federal Prison Industries, Incorporated. 

14 SEC. 213. Notwithstanding any other provision of 

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

16 or expenses of any United States Attorney assigned dual 

17 or additional responsibilities by the Attorney General or 

18 his designee that exempt that United States Attorney 

19 from the residency requirements of 28 U.S.C. 545. 

20 SEC. 214. None of the funds appropriated in this or 

21 any other Act shall be obligated for the initiation of a fu22 ture phase of the Federal Bureau of Investigation’s Sen23 tinel program until the Attorney General certifies to the 

24 Committees on Appropriations that existing phases cur25 rently under contract for development or fielding have 


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1 completed a majority of the work for that phase under 

2 the performance measurement baseline validated by the 

3 integrated baseline review conducted in 2008: Provided, 

4 That this restriction does not apply to planning and design 

5 activities for future phases: Provided further, That the Bu6 reau will notify the Committees on Appropriations of any 

7 significant changes to the baseline. 

8 SEC. 215. In addition to any amounts that otherwise 

9 may be available (or authorized to be made available) by 

10 law, with respect to funds appropriated by this Act under 

11 the headings for ‘‘Justice Assistance’’, ‘‘State and Local 

12 Law Enforcement Assistance’’, ‘‘Weed and Seed’’, ‘‘Juve13 nile Justice Programs’’, and ‘‘Community Oriented Polic14 ing Services’’— 

15 (1) up to 3 percent of funds made available to 

16 the office of Justice Programs for grants or reim17 bursement may be used to provide training and tech18 nical assistance; and 

19 (2) up to 1 percent of funds made available to 

20 such Office for formula grants under such headings 

21 may be used for research or statistical purposes by 

22 the National Institute of Justice or the Bureau of 

23 Justice Statistics, pursuant to, respectively, sections 

24 201 and 202, and sections 301 and 302 of title I of 

25 Public Law 90–351. 


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1 SEC. 216. The Attorney General may, upon request 

2 by a grantee, waive the requirements of paragraph (1) of 

3 section 2976(g) of the Omnibus Crime Control and Safe 

4 Streets Act of 1968 (42 U.S.C. 3797w(g)(1)) with respect 

5 to funds appropriated in this or any other Act making ap6 propriations for fiscal years 2009 and 2010 for Adult and 

7 Juvenile Offender State and Local Reentry Demonstration 

8 Projects authorized under part FF of such Act of 1968. 

9 SEC. 217. Section 5759 of title 5, United States 

10 Code, is amended by striking subsection (e). 

11 SEC. 218. (a) Subchapter IV of chapter 57 of title 

12 5, United States Code, is amended by adding at the end 

13 the following: 

14 ‘‘§ 5761. Foreign language proficiency pay awards for 

15 the Federal Bureau of Investigation 

16 ‘‘The Director of the Federal Bureau of Investigation 

17 may, under regulations prescribed by the Director, pay a 

18 cash award of up to 10 percent of basic pay to any Bureau 

19 employee who maintains proficiency in a language or lan20 guages critical to the mission or who uses one or more 

21 foreign languages in the performance of official duties.’’. 

22 (b) The analysis for chapter 57 of title 5, United 

23 States Code, is amended by adding at the end the fol24 lowing: 

‘‘5761. Foreign language proficiency pay awards for the Federal Bureau of Investigation.’’. 


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

2 Appropriations Act, 2010’’. 

3 TITLE III 

4 SCIENCE 

5 OFFICE OF SCIENCE AND TECHNOLOGY POLICY

6 For necessary expenses of the Office of Science and 

7 Technology Policy, in carrying out the purposes of the Na8 tional Science and Technology Policy, Organization, and 

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

10 passenger motor vehicles, and services as authorized by 

11 5 U.S.C. 3109, not to exceed $2,800 for official reception 

12 and representation expenses, and rental of conference 

13 rooms in the District of Columbia, $7,154,000. 

14 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

15 SCIENCE

16 For necessary expenses, not otherwise provided for, 

17 in the conduct and support of science research and devel18 opment activities, including research, development, oper19 ations, support, and services; maintenance; space flight, 

20 spacecraft control, and communications activities; pro21 gram management; personnel and related costs, including 

22 uniforms or allowances therefor, as authorized by 5 U.S.C. 

23 5901–5902; travel expenses; purchase and hire of pas24 senger motor vehicles; and purchase, lease, charter, main25 tenance, and operation of mission and administrative airVerDate Nov 24 2008 02:20 Nov 06, 2009 Jkt 089200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6401 E:\BILLS\H2847.PP H2847

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1 craft, $4,496,100,000, of which not to exceed 

2 $450,000,000 shall remain available until September 30, 

3 2011. 

4 AERONAUTICS

5 For necessary expenses, not otherwise provided for, 

6 in the conduct and support of aeronautics research and 

7 development activities, including research, development, 

8 operations, support, and services; maintenance; space 

9 flight, spacecraft control, and communications activities; 

10 program management; personnel and related costs, includ11 ing uniforms or allowances therefor, as authorized by 5 

12 U.S.C. 5901–5902; travel expenses; purchase and hire of 

13 passenger motor vehicles; and purchase, lease, charter, 

14 maintenance, and operation of mission and administrative 

15 aircraft, $501,000,000, of which not to exceed 

16 $50,000,000 shall remain available until September 30, 

17 2011. 

18 EXPLORATION

19 For necessary expenses, not otherwise provided for, 

20 in the conduct and support of exploration research and 

21 development activities, including research, development, 

22 operations, support, and services; maintenance; space 

23 flight, spacecraft control, and communications activities; 

24 program management, personnel and related costs, includ25 ing uniforms or allowances therefor, as authorized by 5 


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1 U.S.C. 5901–5902; travel expenses; purchase and hire of 

2 passenger motor vehicles; and purchase, lease, charter, 

3 maintenance, and operation of mission and administrative 

4 aircraft, $3,293,200,000, of which not to exceed 

5 $330,000,000 shall remain available until September 30, 

6 2011. 

7 SPACE OPERATIONS

8 For necessary expenses, not otherwise provided for, 

9 in the conduct and support of space operations research 

10 and development activities, including research, develop11 ment, operations, support and services; space flight, space12 craft control and communications activities including oper13 ations, production, and services; maintenance; program 

14 management; personnel and related costs, including uni15 forms or allowances therefor, as authorized by 5 U.S.C. 

16 5901–5902; travel expenses; purchase and hire of pas17 senger motor vehicles; and purchase, lease, charter, main18 tenance and operation of mission and administrative air19 craft, $6,097,300,000, of which not to exceed 

20 $610,000,000 shall remain available until September 30, 

21 2011: Provided, That of the amounts provided under this 

22 heading, $3,157,100,000 shall be for Space Shuttle oper23 ations, production, research, development, and support, 

24 $2,267,000,000 shall be for International Space Station 

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1 port, and $496,500,000 shall be for Space and Flight Sup2 port. 

3 EDUCATION

4 For necessary expenses, not otherwise provided for, 

5 in carrying out aerospace and aeronautical education re6 search and development activities, including research, de7 velopment, operations, support, and services; program 

8 management; personnel and related costs, uniforms or al9 lowances therefor, as authorized by 5 U.S.C. 5901–5902; 

10 travel expenses; purchase and hire of passenger motor ve11 hicles; and purchase, lease, charter, maintenance, and op12 eration of mission and administrative aircraft, 

13 $175,000,000, to remain available until September 30, 

14 2011. 

15 CROSS AGENCY SUPPORT

16 For necessary expenses, not otherwise provided for, 

17 in the conduct and support of science, aeronautics, explo18 ration, space operations and education research and devel19 opment activities, including research, development, oper20 ations, support, and services; maintenance; space flight, 

21 spacecraft control, and communications activities; pro22 gram management; personnel and related costs, including 

23 uniforms or allowances therefor, as authorized by 5 U.S.C. 

24 5901–5902; travel expenses; purchase and hire of pas25 senger motor vehicles; not to exceed $70,000 for official 


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1 reception and representation expenses; and purchase, 

2 lease, charter, maintenance, and operation of mission and 

3 administrative aircraft, $3,164,000,000: Provided, That 

4 $2,182,900,000 shall be available for center management 

5 and operations: Provided further, That notwithstanding 42 

6 U.S.C. 2459j, proceeds from enhanced use leases that may 

7 be made available for obligation for fiscal year 2010 shall 

8 not exceed $0: Provided further, That each annual budget 

9 request shall include an annual estimate of gross receipts 

10 and collections and proposed use of all funds collected pur11 suant to 42 U.S.C. 2459j: Provided further, That not less 

12 than $50,000,000 shall be available for independent 

13 verification and validation activities: Provided further, 

14 That within the amounts appropriated $15,700,000 shall 

15 be used for the projects, and in the amounts, specified in 

16 the table titled ‘‘Congressionally-designated Items’’ in the 

17 report of the Committee on Appropriations of the House 

18 of Representatives to accompany this Act. 

19 CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND

20 REMEDIATION

21 For necessary expenses for construction of facilities 

22 including repair, rehabilitation, revitalization, and modi23 fication of facilities, construction of new facilities and ad24 ditions to existing facilities, facility planning and design, 

25 and restoration, and acquisition or condemnation of real 


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1 property, as authorized by law, and environmental compli2 ance and restoration, $441,700,000, to remain available 

3 until September 30, 2015: Provided, That within the 

4 funds provided, $12,600,000 shall be available to support 

5 science research and development activities; $69,900,000 

6 shall be available to support exploration research and de7 velopment activities; $26,800,000 shall be available to 

8 support space operations research and development activi9 ties; and $332,400,000 shall be available for cross agency 

10 support activities. 

11 OFFICE OF INSPECTOR GENERAL

12 For necessary expenses of the Office of Inspector 

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

14 $35,000,000. 

15 ADMINISTRATIVE PROVISIONS

16 Funds for announced prizes otherwise authorized 

17 shall remain available, without fiscal year limitation, until 

18 the prize is claimed or the offer is withdrawn. 

19 Not to exceed 5 percent of any appropriation made 

20 available for the current fiscal year for the National Aero21 nautics and Space Administration in this Act may be 

22 transferred between such appropriations, but no such ap23 propriation, except as otherwise specifically provided, shall 

24 be increased by more than 10 percent by any such trans25 fers. Any transfer pursuant to this provision shall be treatVerDate Nov 24 2008 02:20 Nov 06, 2009 Jkt 089200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6401 E:\BILLS\H2847.PP H2847

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1 ed as a reprogramming of funds under section 505 of this 

2 Act and shall not be available for obligation except in com3 pliance with the procedures set forth in that section. 

4 Notwithstanding any other provision of law, no funds 

5 shall be used to implement by Reduction in Force or other 

6 involuntary separations (except for cause) by the National 

7 Aeronautics and Space Administration prior to September 

8 30, 2010. 

9 The unexpired balances of the Science, Aeronautics, 

10 and Exploration account, for activities for which funds are 

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

12 accounts established in this Act that provide such activity. 

13 Balances so transferred shall be merged with the funds 

14 in the newly established accounts, but shall be available 

15 under the same terms, conditions and period of time as 

16 previously appropriated. 

17 NATIONAL SCIENCE FOUNDATION

18 RESEARCH AND RELATED ACTIVITIES

19 For necessary expenses in carrying out the National 

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

21 1861–1875), and the Act to establish a National Medal 

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

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

24 and purchase of flight services for research support; acqui25 sition of aircraft; and authorized travel; $5,642,110,000, 


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1 to remain available until September 30, 2011, of which 

2 not to exceed $570,000,000 shall remain available until 

3 expended for polar research and operations support, and 

4 for reimbursement to other Federal agencies for oper5 ational and science support and logistical and other re6 lated activities for the United States Antarctic program: 

7 Provided, That from funds specified in the fiscal year 

8 2010 budget request for icebreaking services, up to 

9 $54,000,000 shall be available for the procurement of 

10 polar icebreaking services: Provided further, That the Na11 tional Science Foundation shall only reimburse the Coast 

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

13 existing memorandum of agreement: Provided further, 

14 That receipts for scientific support services and materials 

15 furnished by the National Research Centers and other Na16 tional Science Foundation supported research facilities 

17 may be credited to this appropriation: Provided further, 

18 That not less than $147,120,000 shall be available for ac19 tivities authorized by section 7002(b)(2)(A)(iv) of Public 

20 Law 110–69. 

21 MAJOR RESEARCH EQUIPMENT AND FACILITIES

22 CONSTRUCTION

23 For necessary expenses for the acquisition, construc24 tion, commissioning, and upgrading of major research 

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1 ant to the National Science Foundation Act of 1950, as 

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

3 travel, $114,290,000, to remain available until expended: 

4 Provided, That none of the funds may be used to reim5 burse the Judgment fund. 

6 EDUCATION AND HUMAN RESOURCES

7 For necessary expenses in carrying out science, math8 ematics and engineering education and human resources 

9 programs and activities pursuant to the National Science 

10 Foundation Act of 1950, as amended (42 U.S.C. 1861– 

11 1875), including services as authorized by 5 U.S.C. 3109, 

12 authorized travel, and rental of conference rooms in the 

13 District of Columbia, $862,900,000, to remain available 

14 until September 30, 2011: Provided further, That not less 

15 than $65,000,000 shall be available until expended for ac16 tivities authorized by section 7030 of Public Law 110– 

17 69: Provided further, That not less than $32,000,000 shall 

18 be available until expended for the Historically Black Col19 leges and Universities Undergraduate Program. 

20 AGENCY OPERATIONS AND AWARD MANAGEMENT

21 For agency operations and award management nec22 essary in carrying out the National Science Foundation 

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

24 authorized by 5 U.S.C. 3109; hire of passenger motor ve25 hicles; not to exceed $9,200 for official reception and repVerDate Nov 24 2008 02:20 Nov 06, 2009 Jkt 089200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6401 E:\BILLS\H2847.PP H2847

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1 resentation expenses; uniforms or allowances therefor, as 

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

3 rooms in the District of Columbia; and reimbursement of 

4 the Department of Homeland Security for security guard 

5 services; $299,870,000: Provided, That contracts may be 

6 entered into under this heading in fiscal year 2010 for 

7 maintenance and operation of facilities, and for other serv8 ices, to be provided during the next fiscal year. 

9 OFFICE OF THE NATIONAL SCIENCE BOARD

10 For necessary expenses (including payment of sala11 ries, authorized travel, hire of passenger motor vehicles, 

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

13 and the employment of experts and consultants under sec14 tion 3109 of title 5, United States Code) involved in car15 rying out section 4 of the National Science Foundation 

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

17 Law 86–209 (42 U.S.C. 1880 et seq.), $4,340,000: Pro18 vided, That not to exceed $2,800 shall be available for offi19 cial reception and representation expenses. 

20 OFFICE OF INSPECTOR GENERAL

21 For necessary expenses of the Office of Inspector 

22 General as authorized by the Inspector General Act of 

23 1978, as amended, $13,000,000. 

24 This title may be cited as the ‘‘Science Appropria25 tions Act, 2010’’. 


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1 TITLE IV 

2 RELATED AGENCIES 

3 COMMISSION ON CIVIL RIGHTS

4 SALARIES AND EXPENSES

5 For necessary expenses of the Commission on Civil 

6 Rights, including hire of passenger motor vehicles, 

7 $9,400,000: Provided, That none of the funds appro8 priated in this paragraph shall be used to employ in excess 

9 of four full-time individuals under Schedule C of the Ex10 cepted Service exclusive of one special assistant for each 

11 Commissioner: Provided further, That none of the funds 

12 appropriated in this paragraph shall be used to reimburse 

13 Commissioners for more than 75 billable days, with the 

14 exception of the chairperson, who is permitted 125 billable 

15 days. 

16 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

17 SALARIES AND EXPENSES

18 For necessary expenses of the Equal Employment 

19 Opportunity Commission as authorized by title VII of the 

20 Civil Rights Act of 1964, the Age Discrimination in Em21 ployment Act of 1967, the Equal Pay Act of 1963, the 

22 Americans with Disabilities Act of 1990, the Civil Rights 

23 Act of 1991, the Genetic Information Non-Discrimination 

24 Act (GINA) of 2008 (Public Law 110–233), the ADA 

25 Amendments Act of 2008 (Public Law 110–325), and the 


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1 Lilly Ledbetter Fair Pay Act of 2009 (Public Law 111– 

2 2), including services as authorized by 5 U.S.C. 3109; hire 

3 of passenger motor vehicles as authorized by 31 U.S.C. 

4 1343(b); nonmonetary awards to private citizens; and not 

5 to exceed $26,000,000 for payments to State and local en6 forcement agencies for authorized services to the Commis7 sion, $367,303,000: Provided, That the Commission is au8 thorized to make available for official reception and rep9 resentation expenses not to exceed $2,500 from available 

10 funds: Provided further, That the Commission may take 

11 no action to implement any workforce repositioning, re12 structuring, or reorganization until such time as the 

13 House and Senate Committees on Appropriations have 

14 been notified of such proposals, in accordance with the re15 programming requirements of section 505 of this Act: Pro16 vided further, That the Chair is authorized to accept and 

17 use any gift or donation to carry out the work of the Com18 mission. 

19 INTERNATIONAL TRADE COMMISSION

20 SALARIES AND EXPENSES

21 For necessary expenses of the International Trade 

22 Commission, including hire of passenger motor vehicles, 

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

24 exceed $2,500 for official reception and representation ex25 penses, $82,700,000, to remain available until expended. 


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1 LEGAL SERVICES CORPORATION

2 PAYMENT TO THE LEGAL SERVICES CORPORATION

3 For payment to the Legal Services Corporation to 

4 carry out the purposes of the Legal Services Corporation 

5 Act of 1974, $440,000,000, of which $414,400,000 is for 

6 basic field programs and required independent audits; 

7 $4,200,000 is for the Office of Inspector General, of which 

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

9 additional audits of recipients; $17,000,000 is for manage10 ment and grants oversight; $3,400,000 is for client self11 help and information technology; and $1,000,000 is for 

12 loan repayment assistance: Provided, That the Legal Serv13 ices Corporation may continue to provide locality pay to 

14 officers and employees at a rate no greater than that pro15 vided by the Federal Government to Washington, DC16 based employees as authorized by 5 U.S.C. 5304, notwith17 standing section 1005(d) of the Legal Services Corpora18 tion Act, 42 U.S.C. 2996(d). 

19 ADMINISTRATIVE PROVISION—LEGAL SERVICES

20 CORPORATION

21 None of the funds appropriated in this Act to the 

22 Legal Services Corporation shall be expended for any pur23 pose prohibited or limited by, or contrary to any of the 

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

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


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1 Act to the Legal Services Corporation shall be subject to 

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

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

4 and 1998 shall be deemed to refer instead to 2009 and 

5 2010, respectively. 

6 MARINE MAMMAL COMMISSION

7 SALARIES AND EXPENSES

8 For necessary expenses of the Marine Mammal Com9 mission as authorized by title II of Public Law 92–522, 

10 $3,300,000. 

11 OFFICE OF THE UNITED STATES TRADE

12 REPRESENTATIVE

13 SALARIES AND EXPENSES

14 For necessary expenses of the Office of the United 

15 States Trade Representative, including the hire of pas16 senger motor vehicles and the employment of experts and 

17 consultants as authorized by 5 U.S.C. 3109, $48,326,000, 

18 of which $1,000,000 shall remain available until expended: 

19 Provided, That not to exceed $124,000 shall be available 

20 for official reception and representation expenses: Pro21 vided further, That negotiations shall be conducted within 

22 the World Trade Organization to recognize the right of 

23 members to distribute monies collected from antidumping 

24 and countervailing duties: Provided further, That negotia25 tions shall be conducted within the World Trade OrganizaVerDate Nov 24 2008 02:20 Nov 06, 2009 Jkt 089200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6401 E:\BILLS\H2847.PP H2847

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1 tion consistent with the negotiating objectives contained 

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

3 STATE JUSTICE INSTITUTE

4 SALARIES AND EXPENSES

5 For necessary expenses of the State Justice Institute, 

6 as authorized by the State Justice Institute Authorization 

7 Act of 1984 (42 U.S.C. 10701 et seq.) $5,131,000, of 

8 which $250,000 shall remain available until September 30, 

9 2011: Provided, That not to exceed $2,500 shall be avail10 able for official reception and representation expenses. 

11 TITLE V 

12 GENERAL PROVISIONS 

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

14 this Act shall be used for publicity or propaganda purposes 

15 not authorized by the Congress. 

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

17 this Act shall remain available for obligation beyond the 

18 current fiscal year unless expressly so provided herein. 

19 SEC. 503. The expenditure of any appropriation 

20 under this Act for any consulting service through procure21 ment contract, pursuant to 5 U.S.C. 3109, shall be limited 

22 to those contracts where such expenditures are a matter 

23 of public record and available for public inspection, except 

24 where otherwise provided under existing law, or under ex25 isting Executive order issued pursuant to existing law. 


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1 SEC. 504. If any provision of this Act or the applica2 tion of such provision to any person or circumstances shall 

3 be held invalid, the remainder of the Act and the applica4 tion of each provision to persons or circumstances other 

5 than those as to which it is held invalid shall not be af6 fected thereby. 

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

8 Act, or provided under previous appropriations Acts to the 

9 agencies funded by this Act that remain available for obli10 gation or expenditure in fiscal year 2010, or provided from 

11 any accounts in the Treasury of the United States derived 

12 by the collection of fees available to the agencies funded 

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

14 through the reprogramming of funds that— 

15 (1) creates or initiates a new program, project 

16 or activity; 

17 (2) eliminates a program, project or activity, 

18 unless the House and Senate Committees on Appro19 priations are notified 15 days in advance of such re20 programming of funds; 

21 (3) increases funds or personnel by any means 

22 for any project or activity for which funds have been 

23 denied or restricted by this Act, unless the House 

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1 fied 15 days in advance of such reprogramming of 

2 funds; 

3 (4) relocates an office or employees, unless the 

4 House and Senate Committees on Appropriations 

5 are notified 15 days in advance of such reprogram6 ming of funds; 

7 (5) reorganizes or renames offices, programs or 

8 activities, unless the House and Senate Committees 

9 on Appropriations are notified 15 days in advance of 

10 such reprogramming of funds; 

11 (6) contracts out or privatizes any functions or 

12 activities presently performed by Federal employees, 

13 unless the House and Senate Committees on Appro14 priations are notified 15 days in advance of such re15 programming of funds; 

16 (7) proposes to use funds directed for a specific 

17 activity by either the House or Senate Committee on 

18 Appropriations for a different purpose, unless the 

19 House and Senate Committees on Appropriations 

20 are notified 15 days in advance of such reprogram21 ming of funds; 

22 (8) augments funds for existing programs, 

23 projects or activities in excess of $500,000 or 10 

24 percent, whichever is less, or reduces by 10 percent 

25 funding for any program, project or activity, or 


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1 numbers of personnel by 10 percent as approved by 

2 Congress, unless the House and Senate Committees 

3 on Appropriations are notified 15 days in advance of 

4 such reprogramming of funds; or 

5 (9) results from any general savings, including 

6 savings from a reduction in personnel, which would 

7 result in a change in existing programs, projects or 

8 activities as approved by Congress, unless the House 

9 and Senate Committees on Appropriations are noti10 fied 15 days in advance of such reprogramming of 

11 funds. 

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

13 provided under previous appropriations Acts to the agen14 cies funded by this Act that remain available for obligation 

15 or expenditure in fiscal year 2010, or provided from any 

16 accounts in the Treasury of the United States derived by 

17 the collection of fees available to the agencies funded by 

18 this Act, shall be available for obligation or expenditure 

19 through the reprogramming of funds after August 1, ex20 cept in extraordinary circumstances, and only after the 

21 House and Senate Committees on Appropriations are noti22 fied 30 days in advance of such reprogramming of funds. 

23 SEC. 506. Hereafter, none of the funds made avail24 able in this or any other Act may be used to implement, 

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1 ployment Opportunity Commission covering harassment 

2 based on religion, when it is made known to the Federal 

3 entity or official to which such funds are made available 

4 that such guidelines do not differ in any respect from the 

5 proposed guidelines published by the Commission on Octo6 ber 1, 1993 (58 Fed. Reg. 51266). 

7 SEC. 507. If it has been finally determined by a court 

8 or Federal agency that any person intentionally affixed a 

9 label bearing a ‘‘Made in America’’ inscription, or any in10 scription with the same meaning, to any product sold in 

11 or shipped to the United States that is not made in the 

12 United States, the person shall be ineligible to receive any 

13 contract or subcontract made with funds made available 

14 in this Act, pursuant to the debarment, suspension, and 

15 ineligibility procedures described in sections 9.400 through 

16 9.409 of title 48, Code of Federal Regulations. 

17 SEC. 508. The Departments of Commerce and Jus18 tice, the National Science Foundation, and the National 

19 Aeronautics and Space Administration, shall provide to 

20 the House and Senate Committees on Appropriations a 

21 quarterly accounting of the cumulative balances of any un22 obligated funds that were received by such agency during 

23 any previous fiscal year. 

24 SEC. 509. Any costs incurred by a department or 

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1 vent, personnel actions taken in response to funding re2 ductions included in this Act shall be absorbed within the 

3 total budgetary resources available to such department or 

4 agency: Provided, That the authority to transfer funds be5 tween appropriations accounts as may be necessary to 

6 carry out this section is provided in addition to authorities 

7 included elsewhere in this Act: Provided further, That use 

8 of funds to carry out this section shall be treated as a 

9 reprogramming of funds under section 505 of this Act and 

10 shall not be available for obligation or expenditure except 

11 in compliance with the procedures set forth in that section. 

12 SEC. 510. None of the funds provided by this Act 

13 shall be available to promote the sale or export of tobacco 

14 or tobacco products, or to seek the reduction or removal 

15 by any foreign country of restrictions on the marketing 

16 of tobacco or tobacco products, except for restrictions 

17 which are not applied equally to all tobacco or tobacco 

18 products of the same type. 

19 SEC. 511. None of the funds appropriated pursuant 

20 to this Act or any other provision of law may be used for— 

21 (1) the implementation of any tax or fee in con22 nection with the implementation of subsection 922(t) 

23 of title 18, United States Code; and 

24 (2) any system to implement subsection 922(t) 

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1 quire and result in the destruction of any identifying 

2 information submitted by or on behalf of any person 

3 who has been determined not to be prohibited from 

4 possessing or receiving a firearm no more than 24 

5 hours after the system advises a Federal firearms li6 censee that possession or receipt of a firearm by the 

7 prospective transferee would not violate subsection 

8 (g) or (n) of section 922 of title 18, United States 

9 Code, or State law. 

10 SEC. 512. None of the funds made available in this 

11 Act may be used to pay the salaries and expenses of per12 sonnel of the Department of Justice to obligate more than 

13 $700,000,000 during fiscal year 2010 from the fund es14 tablished by section 1402 of chapter XIV of title II of 

15 Public Law 98–473 (42 U.S.C. 10601). 

16 SEC. 513. None of the funds made available to the 

17 Department of Justice in this Act may be used to discrimi18 nate against or denigrate the religious or moral beliefs of 

19 students who participate in programs for which financial 

20 assistance is provided from those funds, or of the parents 

21 or legal guardians of such students. 

22 SEC. 514. None of the funds made available in this 

23 Act may be transferred to any department, agency, or in24 strumentality of the United States Government, except 


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1 pursuant to a transfer made by, or transfer authority pro2 vided in, this Act or any other appropriations Act. 

3 SEC. 515. Any funds provided in this Act used to im4 plement E-Government Initiatives shall be subject to the 

5 procedures set forth in section 505 of this Act. 

6 SEC. 516. (a) Tracing studies conducted by the Bu7 reau of Alcohol, Tobacco, Firearms and Explosives are re8 leased without adequate disclaimers regarding the limita9 tions of the data. 

10 (b) The Bureau of Alcohol, Tobacco, Firearms and 

11 Explosives shall include in all such data releases, language 

12 similar to the following that would make clear that trace 

13 data cannot be used to draw broad conclusions about fire14 arms-related crime: 

15 (1) Firearm traces are designed to assist law 

16 enforcement authorities in conducting investigations 

17 by tracking the sale and possession of specific fire18 arms. Law enforcement agencies may request fire19 arms traces for any reason, and those reasons are 

20 not necessarily reported to the Federal Government. 

21 Not all firearms used in crime are traced and not all 

22 firearms traced are used in crime. 

23 (2) Firearms selected for tracing are not chosen 

24 for purposes of determining which types, makes, or 

25 models of firearms are used for illicit purposes. The 


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1 firearms selected do not constitute a random sample 

2 and should not be considered representative of the 

3 larger universe of all firearms used by criminals, or 

4 any subset of that universe. Firearms are normally 

5 traced to the first retail seller, and sources reported 

6 for firearms traced do not necessarily represent the 

7 sources or methods by which firearms in general are 

8 acquired for use in crime. 

9 SEC. 517. (a) The Inspectors General of the Depart10 ment of Commerce, the Department of Justice, the Na11 tional Aeronautics and Space Administration, the Na12 tional Science Foundation, and the Legal Services Cor13 poration shall conduct audits, pursuant to the Inspector 

14 General Act (5 U.S.C. App.), of grants or contracts for 

15 which funds are appropriated by this Act, and shall submit 

16 reports to Congress on the progress of such audits, which 

17 may include preliminary findings and a description of 

18 areas of particular interest, within 180 days after initi19 ating such an audit and every 180 days thereafter until 

20 any such audit is completed. 

21 (b) Within 60 days after the date on which an audit 

22 described in subsection (a) by an Inspector General is 

23 completed, the Secretary, Attorney General, Adminis24 trator, Director, or President, as appropriate, shall make 

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1 net website maintained by the Department, Administra2 tion, Foundation, or Corporation, respectively. The results 

3 shall be made available in redacted form to exclude— 

4 (1) any matter described in section 552(b) of 

5 title 5, United States Code; and 

6 (2) sensitive personal information for any indi7 vidual, the public access to which could be used to 

8 commit identity theft or for other inappropriate or 

9 unlawful purposes. 

10 (c) A grant or contract funded by amounts appro11 priated by this Act may not be used for the purpose of 

12 defraying the costs of a banquet or conference that is not 

13 directly and programmatically related to the purpose for 

14 which the grant or contract was awarded, such as a ban15 quet or conference held in connection with planning, train16 ing, assessment, review, or other routine purposes related 

17 to a project funded by the grant or contract. 

18 (d) Any person awarded a grant or contract funded 

19 by amounts appropriated by this Act shall submit a state20 ment to the Secretary of Commerce, the Attorney General, 

21 the Administrator, Director, or President, as appropriate, 

22 certifying that no funds derived from the grant or contract 

23 will be made available through a subcontract or in any 

24 other manner to another person who has a financial inter25 est in the person awarded the grant or contract. 


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1 (e) The provisions of the preceding subsections of this 

2 section shall take effect 30 days after the date on which 

3 the Director of the Office of Management and Budget, in 

4 consultation with the Director of the Office of Government 

5 Ethics, determines that a uniform set of rules and require6 ments, substantially similar to the requirements in such 

7 subsections, consistently apply under the executive branch 

8 ethics program to all Federal departments, agencies, and 

9 entities. 

10 SEC. 518. None of the funds appropriated or other11 wise made available under this Act may be used to issue 

12 patents on claims directed to or encompassing a human 

13 organism. 

14 SEC. 519. None of the funds made available in this 

15 Act shall be used in any way whatsoever to support or 

16 justify the use of torture by any official or contract em17 ployee of the United States Government. 

18 SEC. 520. (a) Notwithstanding any other provision 

19 of law or treaty, none of the funds appropriated or other20 wise made available under this Act or any other Act may 

21 be expended or obligated by a department, agency, or in22 strumentality of the United States to pay administrative 

23 expenses or to compensate an officer or employee of the 

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1 cessories or attachments for firearms listed in Category 

2 I, section 121.1 of title 22, Code of Federal Regulations 

3 (International Trafficking in Arms Regulations (ITAR), 

4 part 121, as it existed on April 1, 2005) with a total value 

5 not exceeding $500 wholesale in any transaction, provided 

6 that the conditions of subsection (b) of this section are 

7 met by the exporting party for such articles. 

8 (b) The foregoing exemption from obtaining an ex9 port license— 

10 (1) does not exempt an exporter from filing any 

11 Shipper’s Export Declaration or notification letter 

12 required by law, or from being otherwise eligible 

13 under the laws of the United States to possess, ship, 

14 transport, or export the articles enumerated in sub15 section (a); and 

16 (2) does not permit the export without a license 

17 of— 

18 (A) fully automatic firearms and compo19 nents and parts for such firearms, other than 

20 for end use by the Federal Government, or a 

21 Provincial or Municipal Government of Canada; 

22 (B) barrels, cylinders, receivers (frames) or 

23 complete breech mechanisms for any firearm 

24 listed in Category I, other than for end use by 


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1 the Federal Government, or a Provincial or Mu2 nicipal Government of Canada; or 

3 (C) articles for export from Canada to an4 other foreign destination. 

5 (c) In accordance with this section, the District Di6 rectors of Customs and postmasters shall permit the per7 manent or temporary export without a license of any un8 classified articles specified in subsection (a) to Canada for 

9 end use in Canada or return to the United States, or tem10 porary import of Canadian-origin items from Canada for 

11 end use in the United States or return to Canada for a 

12 Canadian citizen. 

13 (d) The President may require export licenses under 

14 this section on a temporary basis if the President deter15 mines, upon publication first in the Federal Register, that 

16 the Government of Canada has implemented or main17 tained inadequate import controls for the articles specified 

18 in subsection (a), such that a significant diversion of such 

19 articles has and continues to take place for use in inter20 national terrorism or in the escalation of a conflict in an21 other nation. The President shall terminate the require22 ments of a license when reasons for the temporary require23 ments have ceased. 

24 SEC. 521. Notwithstanding any other provision of 

25 law, no department, agency, or instrumentality of the 


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1 United States receiving appropriated funds under this Act 

2 or any other Act shall obligate or expend in any way such 

3 funds to pay administrative expenses or the compensation 

4 of any officer or employee of the United States to deny 

5 any application submitted pursuant to 22 U.S.C. 

6 2778(b)(1)(B) and qualified pursuant to 27 CFR section 

7 478.112 or .113, for a permit to import United States ori8 gin ‘‘curios or relics’’ firearms, parts, or ammunition. 

9 SEC. 522. None of the funds made available in this 

10 Act may be used to include in any new bilateral or multi11 lateral trade agreement the text of— 

12 (1) paragraph 2 of article 16.7 of the United 

13 States-Singapore Free Trade Agreement; 

14 (2) paragraph 4 of article 17.9 of the United 

15 States-Australia Free Trade Agreement; or 

16 (3) paragraph 4 of article 15.9 of the United 

17 States-Morocco Free Trade Agreement. 

18 SEC. 523. None of the funds made available in this 

19 Act may be used to authorize or issue a national security 

20 letter in contravention of any of the following laws author21 izing the Federal Bureau of Investigation to issue national 

22 security letters: The Right to Financial Privacy Act; The 

23 Electronic Communications Privacy Act; The Fair Credit 

24 Reporting Act; The National Security Act of 1947; USA 

25 PATRIOT Act; and the laws amended by these Acts. 


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1 SEC. 524. If at any time during any quarter, the pro2 gram manager of a project within the jurisdiction of the 

3 Departments of Commerce or Justice, the National Aero4 nautics and Space Administration, or the National Science 

5 Foundation totaling more than $75,000,000 has reason6 able cause to believe that the total program cost has in7 creased by 10 percent, the program manager shall imme8 diately inform the Secretary, Administrator, or Director. 

9 The Secretary, Administrator, or Director shall notify the 

10 House and Senate Committees on Appropriations within 

11 30 days in writing of such increase, and shall include in 

12 such notice: the date on which such determination was 

13 made; a statement of the reasons for such increases; the 

14 action taken and proposed to be taken to control future 

15 cost growth of the project; changes made in the perform16 ance or schedule milestones and the degree to which such 

17 changes have contributed to the increase in total program 

18 costs or procurement costs; new estimates of the total 

19 project or procurement costs; and a statement validating 

20 that the project’s management structure is adequate to 

21 control total project or procurement costs. 

22 SEC. 525. Funds appropriated by this Act, or made 

23 available by the transfer of funds in this Act, for intel24 ligence or intelligence related activities are deemed to be 

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1 tion 504 of the National Security Act of 1947 (50 U.S.C. 

2 414) during fiscal year 2010 until the enactment of the 

3 Intelligence Authorization Act for fiscal year 2010. 

4 SEC. 526. The Departments, agencies, and commis5 sions funded under this Act, shall establish and maintain 

6 on the homepages of their Internet websites— 

7 (1) a direct link to the Internet websites of 

8 their Offices of Inspectors General; and 

9 (2) a mechanism on the Offices of Inspectors 

10 General website by which individuals may anony11 mously report cases of waste, fraud, or abuse with 

12 respect to those Departments, agencies, and commis13 sions. 

14 SEC. 527. None of the funds appropriated or other15 wise made available by this Act may be used to enter into 

16 a contract in an amount greater than $5,000,000 or to 

17 award a grant in excess of such amount unless the pro18 spective contractor or grantee certifies in writing to the 

19 agency awarding the contract or grant that, to the best 

20 of its knowledge and belief, the contractor or grantee has 

21 filed all Federal tax returns required during the three 

22 years preceding the certification, has not been convicted 

23 of a criminal offense under the Internal Revenue Code of 

24 1986, and has not, more than 90 days prior to certifi25 cation, been notified of any unpaid Federal tax assessment 


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1 for which the liability remains unsatisfied, unless the as2 sessment is the subject of an installment agreement or 

3 offer in compromise that has been approved by the Inter4 nal Revenue Service and is not in default, or the assess5 ment is the subject of a non-frivolous administrative or 

6 judicial proceeding. 

7 SEC. 528. None of the funds appropriated or other8 wise made available in this Act may be used in a manner 

9 that is inconsistent with the principal negotiating objective 

10 of the United States with respect to trade remedy laws 

11 to preserve the ability of the United States— 

12 (1) to enforce vigorously its trade laws, includ13 ing antidumping, countervailing duty, and safeguard 

14 laws; 

15 (2) to avoid agreements that— 

16 (A) lessen the effectiveness of domestic 

17 and international disciplines on unfair trade, es18 pecially dumping and subsidies; or 

19 (B) lessen the effectiveness of domestic 

20 and international safeguard provisions, in order 

21 to ensure that United States workers, agricul22 tural producers, and firms can compete fully on 

23 fair terms and enjoy the benefits of reciprocal 

24 trade concessions; and 


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1 (3) to address and remedy market distortions 

2 that lead to dumping and subsidization, including 

3 overcapacity, cartelization, and market-access bar4 riers. 

5 (RESCISSIONS)

6 SEC. 529. (a) Of the unobligated balances available 

7 to the Department of Justice from prior appropriations, 

8 the following funds are hereby rescinded, not later than 

9 September 30, 2010, from the following accounts in the 

10 specified amounts— 

11 (1) ‘‘Legal Activities, Assets Forfeiture Fund’’, 

12 $285,000,000; 

13 (2) ‘‘Federal Bureau of Investigation, Salaries 

14 and Expenses’’, $50,000,000; 

15 (3) ‘‘Federal Bureau of Investigation, Construc16 tion’’, $80,822,000; 

17 (4) ‘‘Office of Justice Programs’’, $42,000,000; 

18 and 

19 (5) ‘‘Community Oriented Policing Services’’, 

20 $40,000,000. 

21 (b) Within 30 days of enactment of this Act, the De22 partment of Justice shall submit to the Committees on 

23 Appropriations of the House of Representatives and the 

24 Senate a report specifying the amount of each rescission 

25 made pursuant to this section. 


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1 (c) The recissions contained in this section shall not 

2 apply to funds provided in this Act. 

3 SEC. 530. None of the funds made available in this 

4 Act may be used to purchase first class or premium airline 

5 travel in contravention of sections 301–10.122 through 

6 301–10.124 of title 41 of the Code of Federal Regulations. 

7 SEC. 531. None of the funds made available in this 

8 Act may be used to send or otherwise pay for the attend9 ance of more than 50 employees from a Federal depart10 ment or agency at any single conference occurring outside 

11 the United States. 

12 SEC. 532. (a) None of the funds made available in 

13 this or any prior Act may be used to release an individual 

14 who is detained, as of April 30, 2009, at Naval Station, 

15 Guantanamo Bay, Cuba, into the continental United 

16 States, Alaska, Hawaii, or the District of Columbia. 

17 (b) None of the funds made available in this or any 

18 prior Act may be used to transfer an individual who is 

19 detained, as of April 30, 2009, at the Naval Station, 

20 Guantanamo Bay, Cuba, into the continental United 

21 States, Alaska, Hawaii, or the District of Columbia, for 

22 the purposes of detaining or prosecuting such individual 

23 until 2 months after the plan detailed in subsection (c) 

24 is received. 


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1 (c) The President shall submit to the Congress, in 

2 writing, a comprehensive plan regarding the proposed dis3 position of each individual who is detained, as of April 30, 

4 2009, at Naval Station, Guantanamo Bay, Cuba, who is 

5 not covered under subsection (d). Such plan shall include, 

6 at a minimum, each of the following for each such indi7 vidual: 

8 (1) The findings of an analysis regarding any 

9 risk to the national security of the United States 

10 that is posed by the transfer of the individual. 

11 (2) The costs associated with not transferring 

12 the individual in question. 

13 (3) The legal rationale and associated court de14 mands for transfer. 

15 (4) A certification by the President that any 

16 risk described in paragraph (1) has been mitigated, 

17 together with a full description of the plan for such 

18 mitigation. 

19 (5) A certification by the President that the 

20 President has submitted to the Governor and legisla21 ture of the State to which the President intends to 

22 transfer the individual a certification in writing at 

23 least 30 days prior to such transfer (together with 

24 supporting documentation and justification) that the 


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1 individual does not pose a security risk tot he United 

2 States. 

3 (d) None of the funds made available in this or any 

4 prior Act may be used to transfer or release an individual 

5 detained at Naval Station, Guantanamo Bay, Cuba, as of 

6 April 30, 2009, to the country of such individual’s nation7 ality or last habitual residence or to any other country 

8 other than the United States, unless the President submits 

9 to the Congress, in writing, at least 30 days prior to such 

10 transfer or release, the following information: 

11 (1) The name of any individual to be trans12 ferred or released and the country to which such in13 dividual is to be transferred or released. 

14 (2) An assessment of any risk to the national 

15 security of the United States or its citizens, includ16 ing members of the Armed Services or the United 

17 States, that is posed by such transfer or released 

18 and the actions taken to mitigate such risk. 

19 (3) The terms of any agreement with another 

20 country for acceptance of such individual, including 

21 the amount of any financial assistance related to 

22 such agreement. 

23 SEC. 533. Section 504(a) of the Departments of 

24 Commerce, Justice, and State, the Judiciary, and Related 


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1 Agencies Appropriations Act, 1996 (as contained in Public 

2 Law 104–134) is amended by striking paragraph (13). 

3 SEC. 534. Notwithstanding any other provision of 

4 law, to the extent that the Attorney General (or a des5 ignee) authorizes or approves, if a law enforcement or cor6 rections officer employed by the Department of Justice 

7 dies while performing official duties or as a result of the 

8 performance of official duties, the Department of Justice 

9 may pay from Government funds the qualified relocation 

10 expenses of the immediate dependent family of the em11 ployee, and the expenses of preparing and transporting the 

12 remains of the deceased. 

13 SEC. 535. None of the funds made available in this 

14 Act may be used to purchase light bulbs unless the light 

15 bulbs have the ‘‘Energy Star’’ or ‘‘Federal Energy Man16 agement Program’’ designation. 

17 SEC. 536. The Director of the Office of Management 

18 and Budget shall instruct any department, agency, or in19 strumentality of the United States Government receiving 

20 funds appropriated under this Act to track undisbursed 

21 balances in expired grant accounts and include in its an22 nual performance plan and performance and account23 ability reports the following: 


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1 (1) Details on future action the department, 

2 agency, or instrumentality will take to resolve 

3 undisbursed balances in expired grant accounts. 

4 (2) The method that the department, agency, or 

5 instrumentality uses to track undisbursed balances 

6 in expired grant accounts. 

7 (3) Identification of undisbursed balances in ex8 pired grant accounts that may be returned to the 

9 Treasury of the United States. 

10 (4) In the preceding 3 fiscal years, details on 

11 the total number of expired grant accounts with 

12 undisbursed balances (on the first day of each fiscal 

13 year) for the department, agency, or instrumentality 

14 and the total finances that have not been obligated 

15 to a specific project remaining in the accounts. 

16 SEC. 537. None of the funds made available in this 

17 Act may be used to relocate the Office of the Census or 

18 employees from the Department of Commerce to the juris19 diction of the Executive Office of the President. 

20 TITLE VI—ADDITIONAL GENERAL PROVISIONS 

21 SEC. 601. For ‘‘Office on Violence Against Women— 

22 Violence Against Women Prevention and Prosecution Pro23 grams’’ for the Supporting Teens through Education and 

24 Protection program, as authorized by section 41204 of the 

25 Violence Against Women Act of 1994 (42 U.S.C. 14043c), 


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1 and the amount otherwise provided by this Act for ‘‘De2 partmental management—Salaries and expenses’’ is here3 by reduced by, $2,500,000. 

4 This Act may be cited as the ‘‘Commerce, Justice, 

5 Science, and Related Agencies Appropriations Act, 2010’’. 

6 That the following sums are appropriated, out of any 

7 money in the Treasury not otherwise appropriated, for the 

8 fiscal year ending September 30, 2010, and for other pur9 poses, namely: 

10 TITLE I 

11 DEPARTMENT OF COMMERCE 

12 INTERNATIONAL TRADE ADMINISTRATION

13 OPERATIONS AND ADMINISTRATION

14 For necessary expenses for international trade activi15 ties of the Department of Commerce provided for by law, 

16 and for engaging in trade promotional activities abroad, 

17 including expenses of grants and cooperative agreements for 

18 the purpose of promoting exports of United States firms, 

19 without regard to 44 U.S.C. 3702 and 3703; full medical 

20 coverage for dependent members of immediate families of 

21 employees stationed overseas and employees temporarily 

22 posted overseas; travel and transportation of employees of 

23 the International Trade Administration between two points 

24 abroad, without regard to 49 U.S.C. 40118; employment of 

25 Americans and aliens by contract for services; rental of 


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1 space abroad for periods not exceeding 10 years, and ex2 penses of alteration, repair, or improvement; purchase or 

3 construction of temporary demountable exhibition struc4 tures for use abroad; payment of tort claims, in the manner 

5 authorized in the first paragraph of 28 U.S.C. 2672 when 

6 such claims arise in foreign countries; not to exceed 

7 $327,000 for official representation expenses abroad; pur8 chase of passenger motor vehicles for official use abroad, not 

9 to exceed $45,000 per vehicle; obtaining insurance on offi10 cial motor vehicles; and rental of tie lines, $455,704,000, 

11 to remain available until September 30, 2011, of which 

12 $9,439,000 is to be derived from fees to be retained and used 

13 by the International Trade Administration, notwith14 standing 31 U.S.C. 3302: Provided, That not less than 

15 $49,530,000 shall be for Manufacturing and Services; not 

16 less than $43,212,000 shall be for Market Access and Com17 pliance; not less than $68,290,000 shall be for the Import 

18 Administration; not less than $257,938,000 shall be for the 

19 Trade Promotion and United States and Foreign Commer20 cial Service; and not less than $27,295,000 shall be for Ex21 ecutive Direction and Administration: Provided further, 

22 That the provisions of the first sentence of section 105(f) 

23 and all of section 108(c) of the Mutual Educational and 

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

25 2458(c)) shall apply in carrying out these activities without 


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1 regard to section 5412 of the Omnibus Trade and Competi2 tiveness Act of 1988 (15 U.S.C. 4912); and that for the pur3 pose of this Act, contributions under the provisions of the 

4 Mutual Educational and Cultural Exchange Act of 1961 

5 shall include payment for assessments for services provided 

6 as part of these activities: Provided further, That negotia7 tions shall be conducted within the World Trade Organiza8 tion to recognize the right of members to distribute monies 

9 collected from antidumping and countervailing duties: Pro10 vided further, That negotiations shall be conducted within 

11 the World Trade Organization consistent with the negoti12 ating objectives contained in the Trade Act of 2002, Public 

13 Law 107–210, to maintain strong U.S. remedies laws, cor14 rect the problem of overreaching by World Trade Organiza15 tion Panels and Appellate Body, and prevent the creation 

16 of obligation never negotiated or expressly agreed to by the 

17 United States: Provided further, That within the amounts 

18 appropriated, $1,500,000 shall be used for the projects, and 

19 in the amounts, specified in the table entitled ‘‘Congression20 ally designated projects’’ in the report of the Committee on 

21 Appropriations of the Senate to accompany this Act. 

22 BUREAU OF INDUSTRY AND SECURITY

23 OPERATIONS AND ADMINISTRATION

24 For necessary expenses for export administration and 

25 national security activities of the Department of Commerce, 


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1 including costs associated with the performance of export 

2 administration field activities both domestically and 

3 abroad; full medical coverage for dependent members of im4 mediate families of employees stationed overseas; employ5 ment of Americans and aliens by contract for services 

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

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

8 arise in foreign countries; not to exceed $15,000 for official 

9 representation expenses abroad; awards of compensation to 

10 informers under the Export Administration Act of 1979, 

11 and as authorized by 22 U.S.C. 401(b); and purchase of 

12 passenger motor vehicles for official use and motor vehicles 

13 for law enforcement use with special requirement vehicles 

14 eligible for purchase without regard to any price limitation 

15 otherwise established by law, $100,342,000, to remain avail16 able until expended, of which $14,767,000 shall be for in17 spections and other activities related to national security: 

18 Provided, That the provisions of the first sentence of section 

19 105(f) and all of section 108(c) of the Mutual Educational 

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

21 2458(c)) shall apply in carrying out these activities: Pro22 vided further, That payments and contributions collected 

23 and accepted for materials or services provided as part of 

24 such activities may be retained for use in covering the cost 

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1 lic with respect to the export administration and national 

2 security activities of the Department of Commerce and other 

3 export control programs of the United States and other gov4 ernments. 

5 ECONOMIC DEVELOPMENT ADMINISTRATION

6 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

7 For grants for economic development assistance as pro8 vided by the Public Works and Economic Development Act 

9 of 1965, and for trade adjustment assistance, $200,000,000, 

10 to remain available until expended: Provided, That of the 

11 amounts provided, no more than $4,000,000 may be trans12 ferred to ‘‘Economic Development Administration, Salaries 

13 and Expenses’’ to conduct management oversight and ad14 ministration of public works grants. 

15 SALARIES AND EXPENSES

16 For necessary expenses of administering the economic 

17 development assistance programs as provided for by law, 

18 $38,000,000: Provided, That these funds may be used to 

19 monitor projects approved pursuant to title I of the Public 

20 Works Employment Act of 1976, title II of the Trade Act 

21 of 1974, and the Community Emergency Drought Relief Act 

22 of 1977. 


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1 MINORITY BUSINESS DEVELOPMENT AGENCY

2 MINORITY BUSINESS DEVELOPMENT

3 For necessary expenses of the Department of Commerce 

4 in fostering, promoting, and developing minority business 

5 enterprise, including expenses of grants, contracts, and 

6 other agreements with public or private organizations, 

7 $31,200,000: Provided, That within the amounts appro8 priated, $200,000 shall be used for the projects, and in the 

9 amounts, specified in the table entitled, ‘‘Congressionally 

10 designated projects’’ in the report of the Committee on Ap11 propriations of the Senate to accompany this Act. 

12 ECONOMIC AND STATISTICAL ANALYSIS

13 SALARIES AND EXPENSES

14 For necessary expenses, as authorized by law, of eco15 nomic and statistical analysis programs of the Department 

16 of Commerce, $100,600,000, to remain available until Sep17 tember 30, 2011. 

18 BUREAU OF THE CENSUS

19 SALARIES AND EXPENSES

20 For expenses necessary for collecting, compiling, ana21 lyzing, preparing, and publishing statistics, provided for by 

22 law, $259,024,000. 

23 PERIODIC CENSUSES AND PROGRAMS

24 For necessary expenses to collect and publish statistics 

25 for periodic censuses and programs provided for by law, 


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1 $7,065,707,000, to remain available until September 30, 

2 2011: Provided, That none of the funds provided in this 

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

4 collection of census data on race identification that does not 

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

6 That from amounts provided herein, funds may be used for 

7 additional 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 the 

12 National Telecommunications and Information Adminis13 tration (NTIA), $19,999,000, to remain available until 

14 September 30, 2011: Provided, That, notwithstanding 31 

15 U.S.C. 1535(d), the Secretary of Commerce shall charge 

16 Federal agencies for costs incurred in spectrum manage17 ment, analysis, operations, and related services, and such 

18 fees shall be retained and used as offsetting collections for 

19 costs of such spectrum services, to remain available until 

20 expended: Provided further, That the Secretary of Com21 merce is authorized to retain and use as offsetting collec22 tions all funds transferred, or previously transferred, from 

23 other Government agencies for all costs incurred in tele24 communications research, engineering, and related activi25 ties by the Institute for Telecommunication Sciences of 


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1 NTIA, in furtherance of its assigned functions under this 

2 paragraph, and such funds received from other government 

3 agencies shall remain available until expended. 

4 PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND

5 CONSTRUCTION

6 For the administration of grants, authorized by section 

7 392 of the Communications Act of 1934, $20,000,000, to 

8 remain available until expended as authorized by section 

9 391 of the Act: Provided, That not to exceed $2,000,000 shall 

10 be available for program administration as authorized by 

11 section 391 of the Act: Provided further, That, notwith12 standing the provisions of section 391 of the Act, the prior 

13 year unobligated balances may be made available for grants 

14 for projects for which applications have been submitted and 

15 approved during any fiscal year. 

16 UNITED STATES PATENT AND TRADEMARK OFFICE

17 SALARIES AND EXPENSES

18 For necessary expenses of the United States Patent and 

19 Trademark Office (USPTO) provided for by law, including 

20 defense of suits instituted against the Under Secretary of 

21 Commerce for Intellectual Property and Director of the 

22 United States Patent and Trademark Office, 

23 $1,930,361,000, to remain available until expended: Pro24 vided, That the sum herein appropriated from the general 

25 fund shall be reduced as offsetting collections assessed and 


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

2 376 are received during fiscal year 2010, so as to result 

3 in a fiscal year 2010 appropriation from the general fund 

4 estimated at $0: Provided further, That during fiscal year 

5 2010, should the total amount of offsetting fee collections 

6 be less than $1,930,361,000, this amount shall be reduced 

7 accordingly: Provided further, That of the amount received 

8 in excess of $1,930,361,000 in fiscal year 2010, in an 

9 amount up to $100,000,000 shall remain until expended: 

10 Provided further, That from amounts provided herein, not 

11 to exceed $1,000 shall be made available in fiscal year 2010 

12 for official reception and representation expenses: Provided 

13 further, That of the amounts provided to the USPTO within 

14 this account, $25,000,000 shall not become available for ob15 ligation until the Director of the USPTO has completed a 

16 comprehensive review of the assumptions behind the patent 

17 examiner expectancy goals and adopted a revised set of ex18 pectancy goals for patent examination: Provided further, 

19 That in fiscal year 2010 from the amounts made available 

20 for ‘‘Salaries and Expenses’’ for the USPTO, the amounts 

21 necessary to pay: (1) the difference between the percentage 

22 of basic pay contributed by the USPTO and employees 

23 under section 8334(a) of title 5, United States Code, and 

24 the normal cost percentage (as defined by section 8331(17) 

25 of that title) of basic pay, of employees subject to subchapter 


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1 III of chapter 83 of that title; and (2) the present value 

2 of the otherwise unfunded accruing costs, as determined by 

3 the Office of Personnel Management, of post-retirement life 

4 insurance and post-retirement health benefits coverage for 

5 all USPTO employees, shall be transferred to the Civil Serv6 ice Retirement and Disability Fund, the Employees Life In7 surance Fund, and the Employees Health Benefits Fund, 

8 as appropriate, and shall be available for the authorized 

9 purposes of those accounts: Provided further, That sections 

10 801, 802, and 803 of division B, Public Law 108–447 shall 

11 remain in effect during fiscal year 2010: Provided further, 

12 That the Director may, this year, reduce by regulation fees 

13 payable for documents in patent and trademark matters, 

14 in connection with the filing of documents filed electroni15 cally in a form prescribed by the Director: Provided further, 

16 That $2,000,000 shall be transferred to ‘‘Office of Inspector 

17 General’’ for activities associated with carrying out inves18 tigations and audits related to the USPTO. 

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, $520,300,000, to remain avail23 able until expended, of which not to exceed $9,000,000 may 

24 be transferred to the ‘‘Working Capital Fund’’: Provided, 

25 That not to exceed $5,000 shall be for official reception and 


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1 representation expenses: Provided further, That within the 

2 amounts appropriated, $10,500,000 shall be used for the 

3 projects, and in the amounts, specified in the table entitled 

4 ‘‘Congressionally designated projects’’ in the report of the 

5 Committee on Appropriations of the Senate to accompany 

6 this Act. 

7 INDUSTRIAL TECHNOLOGY SERVICES

8 For necessary expenses of the Hollings Manufacturing 

9 Extension Partnership of the National Institute of Stand10 ards and Technology, $124,700,000, to remain available 

11 until expended. In addition, for necessary expenses of the 

12 Technology Innovation Program of the National Institute 

13 of Standards and Technology, $69,900,000, to remain 

14 available until expended. 

15 CONSTRUCTION OF RESEARCH FACILITIES

16 For construction of new research facilities, including 

17 architectural and engineering design, and for renovation 

18 and maintenance of existing facilities, not otherwise pro19 vided for the National Institute of Standards and Tech20 nology, as authorized by 15 U.S.C. 278c–278e, 

21 $163,900,000, to remain available until expended: Pro22 vided, That within the amounts appropriated, $47,000,000 

23 shall be used for the projects, and in the amounts, specified 

24 in the table entitled ‘‘Congressionally designated projects’’ 

25 in the report of the Committee on Appropriations of the 


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1 Senate to accompany this Act: Provided further, That the 

2 Secretary of Commerce shall include in the budget justifica3 tion materials that the Secretary submits to Congress in 

4 support of the Department of Commerce budget (as sub5 mitted with the budget of the President under section 

6 1105(a) of title 31, United States Code) an estimate for each 

7 National Institute of Standards and Technology construc8 tion project having a total multi-year program cost of more 

9 than $5,000,000 and simultaneously the budget justification 

10 materials shall include an estimate of the budgetary re11 quirements for each such project for each of the five subse12 quent fiscal years. 

13 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

14 OPERATIONS, RESEARCH, AND FACILITIES

15 (INCLUDING TRANSFERS OF FUNDS)

16 For necessary expenses of activities authorized by law 

17 for the National Oceanic and Atmospheric Administration, 

18 including maintenance, operation, and hire of aircraft and 

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

20 organizations for the purposes of conducting activities pur21 suant to cooperative agreements; and relocation of facilities, 

22 $3,301,131,000, to remain available until September 30, 

23 2011, except for funds provided for cooperative enforcement, 

24 which shall remain available until September 30, 2012: 

25 Provided, That fees and donations received by the National 


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1 Ocean Service for the management of national marine sanc2 tuaries may be retained and used for the salaries and ex3 penses associated with those activities, notwithstanding 31 

4 U.S.C. 3302: Provided further, That in addition, 

5 $3,000,000 shall be derived by transfer from the fund enti6 tled ‘‘Coastal Zone Management’’ and in addition 

7 $104,600,000 shall be derived by transfer from the fund en8 titled ‘‘Promote and Develop Fishery Products and Re9 search Pertaining to American Fisheries’’: Provided fur10 ther, That of the $3,304,131,000 provided for in direct obli11 gations under this heading $3,301,131,000 is appropriated 

12 from the general fund, $3,000,000 is provided by transfer: 

13 Provided further, That the total amount available for the 

14 National Oceanic and Atmospheric Administration cor15 porate services administrative support costs shall not exceed 

16 $226,809,000: Provided further, That payments of funds 

17 made available under this heading to the Department of 

18 Commerce Working Capital Fund including Department of 

19 Commerce General Counsel legal services shall not exceed 

20 $36,583,000: Provided further, That within the amounts 

21 appropriated, $57,725,000 shall be used for the projects, 

22 and in the amounts, specified in the table entitled ‘‘Congres23 sionally designated projects’’ in the report of the Committee 

24 on Appropriations of the Senate to accompany this Act: 

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1 ignated for specific activities in the report accompanying 

2 this Act, or any use of deobligated balances of funds pro3 vided under this heading in previous years, shall be subject 

4 to the procedures set forth in section 505 of this Act: Pro5 vided further, That in allocating grants under sections 306 

6 and 306A of the Coastal Zone Management Act of 1972, 

7 as amended, no coastal State shall receive more than 5 per8 cent or less than 1 percent of increased funds appropriated 

9 over the previous fiscal year. 

10 In addition, for necessary retired pay expenses under 

11 the Retired Serviceman’s Family Protection and Survivor 

12 Benefits Plan, and for payments for the medical care of 

13 retired personnel and their dependents under the Depend14 ents Medical Care Act (10 U.S.C. 55), such sums as may 

15 be necessary. 

16 PROCUREMENT, ACQUISITION AND CONSTRUCTION

17 For procurement, acquisition and construction of cap18 ital assets, including alteration and modification costs, of 

19 the National Oceanic and Atmospheric Administration, 

20 $1,397,685,000, to remain available until September 30, 

21 2012, except funds provided for construction of facilities 

22 which shall remain available until expended: Provided, 

23 That of the amounts provided for the National Polar-orbit24 ing Operational Environmental Satellite System, funds 

25 shall only be made available on a dollar-for-dollar matching 


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1 basis with funds provided for the same purpose by the De2 partment of Defense: Provided further, That except to the 

3 extent expressly prohibited by any other law, the Depart4 ment of Defense may delegate procurement functions related 

5 to the National Polar-orbiting Operational Environmental 

6 Satellite System to officials of the Department of Commerce 

7 pursuant to section 2311 of title 10, United States Code: 

8 Provided further, That any deviation from the amounts des9 ignated for specific activities in the report accompanying 

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

12 to the procedures set forth in section 505 of this Act: Pro13 vided further, That the Secretary of Commerce is authorized 

14 to enter into a lease, at no cost to the United States Govern15 ment, with the Regents of the University of Alabama for 

16 a term of not less than 55 years, with two successive options 

17 each of 5 years, for land situated on the campus of Univer18 sity of Alabama in Tuscaloosa to house the Cooperative In19 stitute and Research Center for Southeast Weather and Hy20 drology: Provided further, That within the amounts appro21 priated, $19,000,000 shall be used for the projects, and in 

22 the amounts, specified in the table entitled ‘‘Congressionally 

23 designated projects’’ in the report of the Committee on Ap24 propriations of the Senate to accompany this Act. 


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1 PACIFIC COASTAL SALMON RECOVERY

2 For necessary expenses associated with the restoration 

3 of Pacific salmon populations, $80,000,000, to remain 

4 available until September 30, 2011: Provided, That of the 

5 funds provided herein the Secretary of Commerce may issue 

6 grants to the States of Washington, Oregon, Idaho, Nevada, 

7 California, and Alaska, and federally recognized tribes of 

8 the Columbia River and Pacific Coast for projects necessary 

9 for conservation of salmon and steelhead populations that 

10 are listed as threatened or endangered, or identified by a 

11 State as at-risk to be so-listed, for maintaining populations 

12 necessary for exercise of tribal treaty fishing rights or na13 tive subsistence fishing, or for conservation of Pacific coast14 al salmon and steelhead habitat, based on guidelines to be 

15 developed by the Secretary of Commerce: Provided further, 

16 That funds disbursed to States shall be subject to a match17 ing requirement of funds or documented in-kind contribu18 tions of at least 33 percent of the Federal funds. 

19 COASTAL ZONE MANAGEMENT FUND

20 (INCLUDING TRANSFER OF FUNDS)

21 Of amounts collected pursuant to section 308 of the 

22 Coastal Zone Management Act of 1972 (16 U.S.C. 1456a), 

23 not to exceed $3,000,000 shall be transferred to the ‘‘Oper24 ations, Research, and Facilities’’ account to offset the costs 

25 of implementing such Act. 


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1 FISHERIES FINANCE PROGRAM ACCOUNT

2 Subject to section 502 of the Congressional Budget Act 

3 of 1974, during fiscal year 2010, obligations of direct loans 

4 may not exceed $16,000,000 for Individual Fishing Quota 

5 loans and not to exceed $59,000,000 for traditional direct 

6 loans as authorized by the Merchant Marine Act of 1936: 

7 Provided, That none of the funds made available under this 

8 heading may be used for direct loans for any new fishing 

9 vessel that will increase the harvesting capacity in any 

10 United States fishery. 

11 DEPARTMENTAL MANAGEMENT

12 SALARIES AND EXPENSES

13 For expenses necessary for the departmental manage14 ment of the Department of Commerce provided for by law, 

15 including not to exceed $5,000 for official reception and 

16 representation, $61,000,000: Provided, That the Secretary, 

17 within 120 days of enactment of this Act, shall provide a 

18 report to the Committee on Appropriations of the Senate 

19 that audits and evaluates all decision documents and ex20 penditures by the Bureau of the Census as they relate to 

21 the 2010 Census: Provided further, That of the amounts pro22 vided to the Secretary within this account, $5,000,000 shall 

23 not become available for obligation until the Secretary cer24 tifies to the Committee on Appropriations of the Senate that 

25 the Bureau of the Census has followed and met all standards 


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1 and best practices, and all Office of Management and Budg2 et guidelines related to information technology projects and 

3 contract management. 

4 HERBERT C. HOOVER BUILDING RENOVATION AND

5 MODERNIZATION

6 For expenses necessary, including blast windows, for 

7 the renovation and modernization of the Herbert C. Hoover 

8 Building, $22,500,000, to remain available until expended. 

9 OFFICE OF INSPECTOR GENERAL

10 For necessary expenses of the Office of Inspector Gen11 eral in carrying out the provisions of the Inspector General 

12 Act of 1978 (5 U.S.C. App.), $27,000,000. 

13 GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

14 (INCLUDING TRANSFER OF FUNDS)

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

16 appropriations and funds made available to the Depart17 ment of Commerce by this Act shall be available for the 

18 activities specified in the Act of October 26, 1949 (15 U.S.C. 

19 1514), to the extent and in the manner prescribed by the 

20 Act, and, notwithstanding 31 U.S.C. 3324, may be used for 

21 advanced payments not otherwise authorized only upon the 

22 certification of officials designated by the Secretary of Com23 merce that such payments are in the public interest. 

24 SEC. 102. During the current fiscal year, appropria25 tions made available to the Department of Commerce by 


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1 this Act for salaries and expenses shall be available for hire 

2 of passenger motor vehicles as authorized by 31 U.S.C. 1343 

3 and 1344; services as authorized by 5 U.S.C. 3109; and uni4 forms or allowances therefor, as authorized by law (5 U.S.C. 

5 5901–5902). 

6 SEC. 103. Not to exceed 5 percent of any appropriation 

7 made available for the current fiscal year for the Depart8 ment of Commerce in this Act may be transferred between 

9 such appropriations, but no such appropriation shall be in10 creased by more than 10 percent by any such transfers: Pro11 vided, That any transfer pursuant to this section shall be 

12 treated as a reprogramming of funds under section 505 of 

13 this Act and shall not be available for obligation or expendi14 ture except in compliance with the procedures set forth in 

15 that section: Provided further, That the Secretary of Com16 merce shall notify the Committees on Appropriations at 

17 least 15 days in advance of the acquisition or disposal of 

18 any capital asset (including land, structures, and equip19 ment) not specifically provided for in this Act or any other 

20 law appropriating funds for the Department of Commerce: 

21 Provided further, That for the National Oceanic and Atmos22 pheric Administration this section shall provide for trans23 fers among appropriations made only to the National Oce24 anic and Atmospheric Administration and such appropria25 tions may not be transferred and reprogrammed to other 


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1 Department of Commerce bureaus and appropriation ac2 counts. 

3 SEC. 104. Any costs incurred by a department or agen4 cy funded under this title resulting from personnel actions 

5 taken in response to funding reductions included in this 

6 title or from actions taken for the care and protection of 

7 loan collateral or grant property shall be absorbed within 

8 the total budgetary resources available to such department 

9 or agency: Provided, That the authority to transfer funds 

10 between appropriations accounts as may be necessary to 

11 carry out this section is provided in addition to authorities 

12 included elsewhere in this Act: Provided further, That use 

13 of funds to carry out this section shall be treated as a re14 programming of funds under section 505 of this Act and 

15 shall not be available for obligation or expenditure except 

16 in compliance with the procedures set forth in that section. 

17 SEC. 105. The requirements set forth by section 112 

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

19 by reference. 

20 SEC. 106. Notwithstanding any other law, the Sec21 retary may furnish services (including but not limited to 

22 utilities, telecommunications, and security services) nec23 essary to support the operation, maintenance, and improve24 ment of space that persons, firms or organizations are au25 thorized pursuant to the Public Buildings Cooperative Use 


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1 Act of 1976 or other authority to use or occupy in the Her2 bert C. Hoover Building, Washington, DC, or other build3 ings, the maintenance, operation, and protection of which 

4 has been delegated to the Secretary from the Administrator 

5 of General Services pursuant to the Federal Property and 

6 Administrative Services Act of 1949, as amended, on a re7 imbursable or non-reimbursable basis. Amounts received as 

8 reimbursement for services provided under this section or 

9 the authority under which the use or occupancy of the space 

10 is authorized, up to $200,000, shall be credited to the appro11 priation or fund which initially bears the costs of such serv12 ices. 

13 SEC. 107. With the consent of the President, the Sec14 retary of Commerce shall represent the United States Gov15 ernment in negotiating and monitoring international 

16 agreements regarding fisheries, marine mammals, or sea 

17 turtles: Provided, That the Secretary of Commerce shall be 

18 responsible for the development and interdepartmental co19 ordination of the policies of the United States with respect 

20 to the international negotiations and agreements referred 

21 to in this section. 

22 SEC. 108. Section 101(k) of the Emergency Steel Loan 

23 Guarantee Act of 1999 (15 U.S.C. 1841 note) is amended 

24 by striking ‘‘2009’’ and inserting ‘‘2011’’. 


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1 SEC. 109. Nothing in this title shall be construed to 

2 prevent a grant recipient from deterring child pornography, 

3 copyright infringement, or any other unlawful activity over 

4 its networks. 

5 SEC. 110. The National Marine Fisheries Service is 

6 authorized to accept land, buildings, equipment, and other 

7 contributions including funding, from public and private 

8 sources, which shall be available until expended without fur9 ther appropriation to conduct work associated with existing 

10 authorities. 

11 This title may be cited as the ‘‘Department of Com12 merce Appropriations Act, 2010’’. 

13 TITLE II 

14 DEPARTMENT OF JUSTICE 

15 GENERAL ADMINISTRATION

16 SALARIES AND EXPENSES

17 For expenses necessary for the administration of the 

18 Department of Justice, $118,488,000, of which not to exceed 

19 $4,000,000 for security and construction of Department of 

20 Justice facilities shall remain available until expended: 

21 Provided, That the Attorney General is authorized to trans22 fer funds appropriated within General Administration to 

23 any office in this account: Provided further, That 

24 $18,693,000 is for Department Leadership; $8,101,000 is 

25 for Intergovernmental Relations/External Affairs; 


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1 $12,715,000 is for Executive Support/Professional Respon2 sibility; and $78,979,000 is for the Justice Management Di3 vision: Provided further, That any change in amounts spec4 ified in the preceding proviso greater than 5 percent shall 

5 be submitted for approval to the House and Senate Commit6 tees on Appropriations consistent with the terms of section 

7 505 of this Act: Provided further, That this transfer author8 ity is in addition to transfers authorized under section 505 

9 of this Act. 

10 JUSTICE INFORMATION SHARING TECHNOLOGY

11 For necessary expenses for information sharing tech12 nology, including planning, development, deployment and 

13 departmental direction, $95,000,000, to remain available 

14 until expended, of which $21,132,000 is for the unified fi15 nancial management system. 

16 TACTICAL LAW ENFORCEMENT WIRELESS COMMUNICATIONS

17 For the costs of developing and implementing a na18 tion-wide Integrated Wireless Network supporting Federal 

19 law enforcement communications, and for the costs of oper20 ations and maintenance of existing Land Mobile Radio leg21 acy systems, $206,143,000, to remain available until ex22 pended: Provided, That the Attorney General shall transfer 

23 to this account all funds made available to the Department 

24 of Justice for the purchase of portable and mobile radios: 


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1 Provided further, That any transfer made under the pre2 ceding proviso shall be subject to section 505 of this Act. 

3 ADMINISTRATIVE REVIEW AND APPEALS

4 For expenses necessary for the administration of par5 don and clemency petitions and immigration-related activi6 ties, $300,685,000, of which $4,000,000 shall be derived by 

7 transfer from the Executive Office for Immigration Review 

8 fees deposited in the ‘‘Immigration Examinations Fee’’ ac9 count. 

10 DETENTION TRUSTEE

11 For necessary expenses of the Federal Detention Trust12 ee, $1,438,663,000, to remain available until expended: Pro13 vided, That the Trustee shall be responsible for managing 

14 the Justice Prisoner and Alien Transportation System: 

15 Provided further, That not to exceed $5,000,000 shall be 

16 considered ‘‘funds appropriated for State and local law en17 forcement assistance’’ pursuant to 18 U.S.C. 4013(b). 

18 OFFICE OF INSPECTOR GENERAL

19 For necessary expenses of the Office of Inspector Gen20 eral, $84,368,000, including not to exceed $10,000 to meet 

21 unforeseen emergencies of a confidential character, of which 

22 $2,000,000 is designated as being for overseas deployments 

23 and other activities pursuant to sections 401(c)(4) and 

24 423(a)(1) of S. Con. Res. 13 (111th Congress), the concur25 rent resolution on the budget for fiscal year 2010. 


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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, $12,859,000. 

5 LEGAL ACTIVITIES

6 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

7 (INCLUDING TRANSFER OF FUNDS)

8 For expenses necessary for the legal activities of the 

9 Department of Justice, not otherwise provided for, includ10 ing not to exceed $20,000 for expenses of collecting evidence, 

11 to be expended under the direction of, and to be accounted 

12 for solely under the certificate of, the Attorney General; and 

13 rent of private or Government-owned space in the District 

14 of Columbia, $875,097,000, of which $2,500,000 is des15 ignated as being for overseas deployments and other activi16 ties pursuant to sections 401(c)(4) and 423(a)(1) of S. Con. 

17 Res. 13 (111th Congress), the concurrent resolution on the 

18 budget for fiscal year 2010; and of which not to exceed 

19 $10,000,000 for litigation support contracts shall remain 

20 available until expended: Provided, That of the total 

21 amount appropriated, not to exceed $10,000 shall be avail22 able to the United States National Central Bureau, 

23 INTERPOL, for official reception and representation ex24 penses: Provided further, That notwithstanding section 205 

25 of this Act, upon a determination by the Attorney General 


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1 that emergent circumstances require additional funding for 

2 litigation activities of the Civil Division, the Attorney Gen3 eral may transfer such amounts to ‘‘Salaries and Expenses, 

4 General Legal Activities’’ from available appropriations for 

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

6 may be necessary to respond to such circumstances: Pro7 vided further, That any transfer pursuant to the previous 

8 proviso shall be treated as a reprogramming under section 

9 505 of this Act and shall not be available for obligation 

10 or expenditure except in compliance with the procedures set 

11 forth in that section: Provided further, That of the amount 

12 appropriated, such sums as may be necessary shall be avail13 able to reimburse the Office of Personnel Management for 

14 salaries and expenses associated with the election moni15 toring program under section 8 of the Voting Rights Act 

16 of 1965 (42 U.S.C. 1973f): Provided further, That of the 

17 amounts provided under this heading for the election moni18 toring program $3,390,000 shall remain available until ex19 pended. 

20 In addition, for reimbursement of expenses of the De21 partment of Justice associated with processing cases under 

22 the National Childhood Vaccine Injury Act of 1986, not to 

23 exceed $7,833,000, to be appropriated from the Vaccine In24 jury Compensation Trust Fund. 


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1 SALARIES AND EXPENSES, ANTITRUST DIVISION

2 For expenses necessary for the enforcement of antitrust 

3 and kindred laws, $163,170,000, to remain available until 

4 expended: Provided, That notwithstanding any other provi5 sion of law, fees collected for premerger notification filings 

6 under the Hart-Scott-Rodino Antitrust Improvements Act 

7 of 1976 (15 U.S.C. 18a), regardless of the year of collection 

8 (and estimated to be $102,000,000 in fiscal year 2010), 

9 shall be retained and used for necessary expenses in this 

10 appropriation, and shall remain available until expended: 

11 Provided further, That the sum herein appropriated from 

12 the general fund shall be reduced as such offsetting collec13 tions are received during fiscal year 2010, so as to result 

14 in a final fiscal year 2010 appropriation from the general 

15 fund estimated at $61,170,000. 

16 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

17 For necessary expenses of the Offices of the United 

18 States Attorneys, including inter-governmental and cooper19 ative agreements, $1,926,003,000: Provided, That of the 

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

21 available for official reception and representation expenses: 

22 Provided further, That not to exceed $25,000,000 shall re23 main available until expended: Provided further, That of 

24 the amount provided under this heading, not less than 

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1 sistant U.S. Attorneys to carry out section 704 of the Adam 

2 Walsh Child Protection and Safety Act of 2006 (Public Law 

3 109–248) concerning the prosecution of offenses relating to 

4 the sexual exploitation of children. 

5 UNITED STATES TRUSTEE SYSTEM FUND

6 For necessary expenses of the United States Trustee 

7 Program, as authorized, $224,488,000, to remain available 

8 until expended and to be derived from the United States 

9 Trustee System Fund: Provided, That notwithstanding any 

10 other provision of law, deposits to the Fund shall be avail11 able in such amounts as may be necessary to pay refunds 

12 due depositors: Provided further, That, notwithstanding 

13 any other provision of law, $210,000,000 of offsetting collec14 tions pursuant to 28 U.S.C. 589a(b) shall be retained and 

15 used for necessary expenses in this appropriation and shall 

16 remain available until expended: Provided further, That the 

17 sum herein appropriated from the Fund shall be reduced 

18 as such offsetting collections are received during fiscal year 

19 2010, so as to result in a final fiscal year 2010 appropria20 tion from the Fund estimated at $9,488,000. 

21 SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT

22 COMMISSION

23 For expenses necessary to carry out the activities of 

24 the Foreign Claims Settlement Commission, including servVerDate Nov 24 2008 02:20 Nov 06, 2009 Jkt 089200 PO 00000 Frm 00131 Fmt 6652 Sfmt 6203 E:\BILLS\H2847.PP H2847

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1 ices as authorized by section 3109 of title 5, United States 

2 Code, $2,117,000. 

3 FEES AND EXPENSES OF WITNESSES

4 For fees and expenses of witnesses, for expenses of con5 tracts for the procurement and supervision of expert wit6 nesses, for private counsel expenses, including advances, 

7 and for expenses of foreign counsel, $168,300,000, to remain 

8 available until expended: Provided, That not to exceed 

9 $10,000,000 may be made available for construction of 

10 buildings for protected witness safesites: Provided further, 

11 That not to exceed $3,000,000 may be made available for 

12 the purchase and maintenance of armored and other vehi13 cles for witness security caravans: Provided further, That 

14 not to exceed $11,000,000 may be made available for the 

15 purchase, installation, maintenance, and upgrade of secure 

16 telecommunications equipment and a secure automated in17 formation network to store and retrieve the identities and 

18 locations of protected witnesses. 

19 SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

20 For necessary expenses of the Community Relations 

21 Service, $11,479,000: Provided, That notwithstanding sec22 tion 205 of this Act, upon a determination by the Attorney 

23 General that emergent circumstances require additional 

24 funding for conflict resolution and violence prevention ac25 tivities of the Community Relations Service, the Attorney 


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1 General may transfer such amounts to the Community Re2 lations Service, from available appropriations for the cur3 rent fiscal year for the Department of Justice, as may be 

4 necessary to respond to such circumstances: Provided fur5 ther, That any transfer pursuant to the preceding proviso 

6 shall be treated as a reprogramming under section 505 of 

7 this Act and shall not be available for obligation or expendi8 ture except in compliance with the procedures set forth in 

9 that section. 

10 ASSETS FORFEITURE FUND

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

12 (F), and (G), $20,990,000, to be derived from the Depart13 ment of Justice Assets Forfeiture Fund. 

14 UNITED STATES MARSHALS SERVICE

15 SALARIES AND EXPENSES

16 For necessary expenses of the United States Marshals 

17 Service, $1,125,763,000; of which not to exceed $30,000 

18 shall be available for official reception and representation 

19 expenses; of which not to exceed $4,000,000 shall remain 

20 available until expended for information technology sys21 tems. 

22 CONSTRUCTION

23 For construction in space controlled, occupied or uti24 lized by the United States Marshals Service for prisoner 

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1 able until expended; and of which not less than $12,625,000 

2 shall be available for the costs of courthouse security equip3 ment, including furnishings, relocations, and telephone sys4 tems and cabling. 

5 NATIONAL SECURITY DIVISION

6 SALARIES AND EXPENSES

7 For expenses necessary to carry out the activities of 

8 the National Security Division, $87,938,000; of which not 

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

10 shall remain available until expended: Provided, That not11 withstanding section 205 of this Act, upon a determination 

12 by the Attorney General that emergent circumstances re13 quire additional funding for the activities of the National 

14 Security Division, the Attorney General may transfer such 

15 amounts to this heading from available appropriations for 

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

17 may be necessary to respond to such circumstances: Pro18 vided further, That any transfer pursuant to the preceding 

19 proviso shall be treated as a reprogramming under section 

20 505 of this Act and shall not be available for obligation 

21 or expenditure except in compliance with the procedures set 

22 forth in that section. 


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1 INTERAGENCY LAW ENFORCEMENT

2 INTERAGENCY CRIME AND DRUG ENFORCEMENT

3 For necessary expenses for the identification, inves4 tigation, and prosecution of individuals associated with the 

5 most significant drug trafficking and affiliated money 

6 laundering organizations not otherwise provided for, to in7 clude inter-governmental agreements with State and local 

8 law enforcement agencies engaged in the investigation and 

9 prosecution of individuals involved in organized crime drug 

10 trafficking, $515,000,000, of which $50,000,000 shall re11 main available until expended: Provided, That any 

12 amounts obligated from appropriations under this heading 

13 may be used under authorities available to the organiza14 tions reimbursed from this appropriation. 

15 FEDERAL BUREAU OF INVESTIGATION

16 SALARIES AND EXPENSES

17 For necessary expenses of the Federal Bureau of Inves18 tigation for detection, investigation, and prosecution of 

19 crimes against the United States; $7,668,622,000, of which 

20 $101,066,000 is designated as being for overseas deploy21 ments and other activities pursuant to sections 401(c)(4) 

22 and 423(a)(1) of S. Con. Res. 13 (111th Congress), the con23 current resolution on the budget for fiscal year 2010; and 

24 of which not to exceed $150,000,000 shall remain available 

25 until expended: Provided, That not to exceed $205,000 shall 


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1 be available for official reception and representation ex2 penses: Provided further, That notwithstanding section 205 

3 of this Act, the Director of the Federal Bureau of Investiga4 tion, upon a determination that additional funding is nec5 essary to carry out construction of the Biometrics Tech6 nology Center, may transfer from amounts available for 

7 ‘‘Salaries and Expenses’’ to amounts available for ‘‘Con8 struction’’ up to $30,000,000 in fees collected to defray ex9 penses for the automation of fingerprint identification and 

10 criminal justice information services and associated costs: 

11 Provided further, That any transfer made pursuant to the 

12 previous proviso shall be subject to section 505 of this Act. 

13 CONSTRUCTION

14 For all necessary expenses, to include the cost of equip15 ment, furniture, and information technology requirements, 

16 related to construction or acquisition of buildings, facilities 

17 and sites by purchase, or as otherwise authorized by law; 

18 conversion, modification and extension of federally owned 

19 buildings; and preliminary planning and design of projects; 

20 $244,915,000, to remain available until expended. 

21 DRUG ENFORCEMENT ADMINISTRATION

22 SALARIES AND EXPENSES

23 For necessary expenses of the Drug Enforcement Ad24 ministration, including not to exceed $70,000 to meet un25 foreseen emergencies of a confidential character pursuant 


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1 to 28 U.S.C. 530C; and expenses for conducting drug edu2 cation and training programs, including travel and related 

3 expenses for participants in such programs and the dis4 tribution of items of token value that promote the goals of 

5 such programs, $2,014,682,000; of which $10,000,000 is des6 ignated as being for overseas deployments and other activi7 ties pursuant to sections 401(c)(4) and 423(a)(1) of S. Con. 

8 Res. 13 (111th Congress), the concurrent resolution on the 

9 budget for fiscal year 2010; and of which not to exceed 

10 $75,000,000 shall remain available until expended; and of 

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

12 reception and representation expenses. 

13 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND

14 EXPLOSIVES

15 SALARIES AND EXPENSES

16 For necessary expenses of the Bureau of Alcohol, To17 bacco, Firearms and Explosives, not to exceed $40,000 for 

18 official reception and representation expenses; for training 

19 of State and local law enforcement agencies with or without 

20 reimbursement, including training in connection with the 

21 training and acquisition of canines for explosives and fire 

22 accelerants detection; and for provision of laboratory assist23 ance to State and local law enforcement agencies, with or 

24 without reimbursement, $1,114,772,000, of which not to ex25 ceed $1,000,000 shall be available for the payment of attorVerDate Nov 24 2008 02:20 Nov 06, 2009 Jkt 089200 PO 00000 Frm 00137 Fmt 6652 Sfmt 6203 E:\BILLS\H2847.PP H2847

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1 neys’ fees as provided by section 924(d)(2) of title 18, 

2 United States Code; and of which $10,000,000 shall remain 

3 available until expended: Provided, That no funds appro4 priated herein shall be available for salaries or administra5 tive expenses in connection with consolidating or central6 izing, within the Department of Justice, the records, or any 

7 portion thereof, of acquisition and disposition of firearms 

8 maintained by Federal firearms licensees: Provided further, 

9 That no funds appropriated herein shall be used to pay ad10 ministrative expenses or the compensation of any officer or 

11 employee of the United States to implement an amendment 

12 or amendments to 27 CFR 478.118 or to change the defini13 tion of ‘‘Curios or relics’’ in 27 CFR 478.11 or remove any 

14 item from ATF Publication 5300.11 as it existed on Janu15 ary 1, 1994: Provided further, That none of the funds ap16 propriated herein shall be available to investigate or act 

17 upon applications for relief from Federal firearms disabil18 ities under 18 U.S.C. 925(c): Provided further, That such 

19 funds shall be available to investigate and act upon appli20 cations filed by corporations for relief from Federal fire21 arms disabilities under section 925(c) of title 18, United 

22 States Code: Provided further, That no funds made avail23 able by this or any other Act may be used to transfer the 

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

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1 partments in fiscal year 2010: Provided further, That, be2 ginning in fiscal year 2010 and thereafter, no funds appro3 priated under this or any other Act may be used to disclose 

4 part or all of the contents of the Firearms Trace System 

5 database maintained by the National Trace Center of the 

6 Bureau of Alcohol, Tobacco, Firearms and Explosives or 

7 any information required to be kept by licensees pursuant 

8 to section 923(g) of title 18, United States Code, or required 

9 to be reported pursuant to paragraphs (3) and (7) of such 

10 section 923(g), except to: (1) a Federal, State, local, tribal, 

11 or foreign law enforcement agency, or a Federal, State, or 

12 local prosecutor; or (2) a foreign law enforcement agency 

13 solely in connection with or for use in a criminal investiga14 tion or prosecution; or solely in connection with and for 

15 use in a criminal investigation or prosecution; or (3) a Fed16 eral agency for a national security or intelligence purpose; 

17 unless such disclosure of such date to any of the entities 

18 described in (1), (2) or (3) of this proviso would compromise 

19 the identity of any undercover law enforcement officer or 

20 confidential informant, or interfere with any case under in21 vestigation; and no person or entity described in (1), (2) 

22 or (3) shall knowingly or publicly disclose such data; and 

23 all such data shall be immune from legal process, shall not 

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1 closed in any manner, nor shall testimony or other evidence 

2 be permitted based on the data, in a civil action in any 

3 State (including the District of Columbia) or Federal court 

4 or in an administrative proceeding other than a proceeding 

5 commenced by the Bureau of Alcohol, Tobacco, Firearms 

6 and Explosives to enforce the provisions of chapter 44 of 

7 such title, or a review of such an action or proceeding; ex8 cept that this proviso shall not be construed to prevent: (A) 

9 the disclosure of statistical information concerning total 

10 production, importation, and exportation by each licensed 

11 importer (as defined in section 921(a)(9) of such title) and 

12 licensed manufacturer (as defined in section 921(a)(10) of 

13 such title); (B) the sharing or exchange of such information 

14 among and between Federal, State, local, or foreign law en15 forcement agencies, Federal, State, or local prosecutors, and 

16 Federal national security, intelligence, or counterterrorism 

17 officials; or (C) the publication of annual statistical reports 

18 on products regulated by the Bureau of Alcohol, Tobacco, 

19 Firearms and Explosives, including total production, im20 portation, and exportation by each licensed importer (as 

21 so defined) and licensed manufacturer (as so defined), or 

22 statistical aggregate data regarding firearms traffickers and 

23 trafficking channels, or firearms misuse, felons, and traf24 ficking investigations: Provided further, That no funds 

25 made available by this or any other Act shall be expended 


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1 to promulgate or implement any rule requiring a physical 

2 inventory of any business licensed under section 923 of title 

3 18, United States Code: Provided further, That no funds 

4 under this Act may be used to electronically retrieve infor5 mation gathered pursuant to 18 U.S.C. 923(g)(4) by name 

6 or any personal identification code: Provided further, That 

7 no funds authorized or made available under this or any 

8 other Act may be used to deny any application for a license 

9 under section 923 of title 18, United States Code, or renewal 

10 of such a license due to a lack of business activity, provided 

11 that the applicant is otherwise eligible to receive such a li12 cense, and is eligible to report business income or to claim 

13 an income tax deduction for business expenses under the 

14 Internal Revenue Code of 1986. 

15 CONSTRUCTION

16 For necessary expenses to construct or acquire build17 ings and sites to purchase, or as otherwise authorized by 

18 law (including equipment for such buildings); conversion 

19 and extension of federally owned buildings; and prelimi20 nary planning and design of projects; $6,000,000, to remain 

21 until expended. 

22 FEDERAL PRISON SYSTEM

23 SALARIES AND EXPENSES

24 For necessary expenses of the Federal Prison System 

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1 eral penal and correctional institutions, including purchase 

2 (not to exceed 831, of which 743 are for replacement only) 

3 and hire of law enforcement and passenger motor vehicles, 

4 and for the provision of technical assistance and advice on 

5 corrections related issues to foreign governments, 

6 $5,979,831,000, of which $10,500,000 is designated as being 

7 for overseas deployments and other activities pursuant to 

8 sections 401(c)(4) and 423(a)(1) of S. Con. Res. 13 (111th 

9 Congress), the concurrent resolution on the budget for fiscal 

10 year 2010: Provided, That the Attorney General may trans11 fer to the Health Resources and Services Administration 

12 such amounts as may be necessary for direct expenditures 

13 by that Administration for medical relief for inmates of 

14 Federal penal and correctional institutions: Provided fur15 ther, That the Director of the Federal Prison System, where 

16 necessary, may enter into contracts with a fiscal agent or 

17 fiscal intermediary claims processor to determine the 

18 amounts payable to persons who, on behalf of the Federal 

19 Prison System, furnish health services to individuals com20 mitted to the custody of the Federal Prison System: Pro21 vided further, That not to exceed $6,000 shall be available 

22 for official reception and representation expenses: Provided 

23 further, That not to exceed $50,000,000 shall remain avail24 able for necessary operations until September 30, 2011: 

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1 tract confinement, not to exceed $20,000,000 shall remain 

2 available until expended to make payments in advance for 

3 grants, contracts and reimbursable agreements, and other 

4 expenses authorized by section 501(c) of the Refugee Edu5 cation Assistance Act of 1980 (8 U.S.C. 1522 note), for the 

6 care and security in the United States of Cuban and Hai7 tian entrants: Provided further, That the Director of the 

8 Federal Prison System may accept donated property and 

9 services relating to the operation of the prison card program 

10 from a not-for-profit entity which has operated such pro11 gram in the past notwithstanding the fact that such not12 for-profit entity furnishes services under contracts to the 

13 Federal Prison System relating to the operation of pre-re14 lease services, halfway houses, or other custodial facilities. 

15 BUILDINGS AND FACILITIES

16 For planning, acquisition of sites and construction of 

17 new facilities; purchase and acquisition of facilities and re18 modeling, and equipping of such facilities for penal and 

19 correctional use, including all necessary expenses incident 

20 thereto, by contract or force account; and constructing, re21 modeling, and equipping necessary buildings and facilities 

22 at existing penal and correctional institutions, including 

23 all necessary expenses incident thereto, by contract or force 

24 account, $99,155,000, to remain available until expended, 

25 of which not less than $73,769,000 shall be available only 


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1 for modernization, maintenance and repair, and of which 

2 not to exceed $14,000,000 shall be available to construct 

3 areas for inmate work programs: Provided, That labor of 

4 United States prisoners may be used for work performed 

5 under this appropriation. 

6 FEDERAL PRISON INDUSTRIES, INCORPORATED

7 The Federal Prison Industries, Incorporated, is hereby 

8 authorized to make such expenditures, within the limits of 

9 funds and borrowing authority available, and in accord 

10 with the law, and to make such contracts and commitments, 

11 without regard to fiscal year limitations as provided by sec12 tion 9104 of title 31, United States Code, as may be nec13 essary in carrying out the program set forth in the budget 

14 for the current fiscal year for such corporation, including 

15 purchase (not to exceed five for replacement only) and hire 

16 of passenger motor vehicles. 

17 LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL

18 PRISON INDUSTRIES, INCORPORATED

19 Not to exceed $2,700,000 of the funds of the Federal 

20 Prison Industries, Incorporated shall be available for its ad21 ministrative expenses, and for services as authorized by sec22 tion 3109 of title 5, United States Code, to be computed 

23 on an accrual basis to be determined in accordance with 

24 the corporation’s current prescribed accounting system, and 

25 such amounts shall be exclusive of depreciation, payment 


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1 of claims, and expenditures which such accounting system 

2 requires to be capitalized or charged to cost of commodities 

3 acquired or produced, including selling and shipping ex4 penses, and expenses in connection with acquisition, con5 struction, operation, maintenance, improvement, protec6 tion, or disposition of facilities and other property belong7 ing to the corporation or in which it has an interest. 

8 STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES

9 OFFICE ON VIOLENCE AGAINST WOMEN

10 VIOLENCE AGAINST WOMEN PREVENTION AND

11 PROSECUTION PROGRAMS

12 For grants, contracts, cooperative agreements, and 

13 other assistance for the prevention and prosecution of vio14 lence against women, as authorized by the Omnibus Crime 

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

16 seq.) (‘‘the 1968 Act’’); the Violent Crime Control and Law 

17 Enforcement Act of 1994 (Public Law 103–322) (‘‘the 1994 

18 Act’’); the Victims of Child Abuse Act of 1990 (Public Law 

19 101–647) (‘‘the 1990 Act’’); the Prosecutorial Remedies and 

20 Other Tools to end the Exploitation of Children Today Act 

21 of 2003 (Public Law 108–21); the Juvenile Justice and De22 linquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) 

23 (‘‘the 1974 Act’’); the Victims of Trafficking and Violence 

24 Protection Act of 2000 (Public Law 106–386) (‘‘the 2000 

25 Act’’); and the Violence Against Women and Department 


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

2 162) (‘‘the 2005 Act’’); and for related victims services, 

3 $435,000,000, to remain available until expended: Pro4 vided, That except as otherwise provided by law, not to ex5 ceed 3 percent of funds made available under this heading 

6 may be used for expenses related to evaluation, training, 

7 and technical assistance: Provided further, That of the 

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

9 administered by the Office of Justice Programs)— 

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

11 advocate program, as authorized by section 217 of the 

12 1990 Act; 

13 (2) $2,500,000 for child abuse training programs 

14 for judicial personnel and practitioners, as authorized 

15 by section 222 of the 1990 Act; 

16 (3) $200,000,000 for grants to combat violence 

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

18 Act, of which— 

19 (A) $18,000,000 shall be for transitional 

20 housing assistance grants for victims of domestic 

21 violence, stalking or sexual assault as authorized 

22 by section 40299 of the 1994 Act; and 

23 (B) $2,000,000 shall be for the National In24 stitute of Justice for research and evaluation of 

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1 dressed by grant programs of the Office on Vio2 lence Against Women; 

3 (4) $60,000,000 for grants to encourage arrest 

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

5 (5) $15,000,000 for sexual assault victims assist6 ance, as authorized by section 41601 of the 1994 Act; 

7 (6) $41,000,000 for rural domestic violence and 

8 child abuse enforcement assistance grants, as author9 ized by section 40295 of the 1994 Act; 

10 (7) $3,000,000 for training programs as author11 ized by section 40152 of the 1994 Act, and for related 

12 local demonstration projects; 

13 (8) $3,000,000 for grants to improve the stalking 

14 and domestic violence databases, as authorized by sec15 tion 40602 of the 1994 Act; 

16 (9) $9,500,000 for grants to reduce violent crimes 

17 against women on campus, as authorized by section 

18 304 of the 2005 Act; 

19 (10) $45,000,000 for legal assistance for victims, 

20 as authorized by section 1201 of the 2000 Act; 

21 (11) $4,250,000 for enhanced training and serv22 ices to end violence against and abuse of women in 

23 later life, as authorized by section 40802 of the 1994 

24 Act; 


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1 (12) $14,000,000 for the safe havens for children 

2 program, as authorized by section 1301 of the 2000 

3 Act; 

4 (13) $6,750,000 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) $3,000,000 for an engaging men and youth 

9 in prevention program, as authorized by section 

10 41305 of the 1994 Act; 

11 (15) $1,000,000 for analysis and research on vio12 lence against Indian women, as authorized by section 

13 904 of the 2005 Act; 

14 (16) $1,000,000 for tracking of violence against 

15 Indian women, as authorized by section 905 of the 

16 2005 Act; 

17 (17) $3,500,000 for services to advocate and re18 spond to youth, as authorized by section 41201 of the 

19 1994 Act; 

20 (18) $3,000,000 for grants to assist children and 

21 youth exposed to violence, as authorized by section 

22 41303 of the 1994 Act; 

23 (19) $3,000,000 for the court training and im24 provements program, as authorized by section 41002 

25 of the 1994 Act; 


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1 (20) $500,000 for the National Resource Center 

2 on Workplace Responses to assist victims of domestic 

3 violence, as authorized by section 41501 of the 1994 

4 Act; and 

5 (21) $1,000,000 for grants for televised testi6 mony, as authorized by part N of title I of the 1968 

7 Act. 

8 OFFICE OF JUSTICE PROGRAMS

9 JUSTICE ASSISTANCE

10 For grants, contracts, cooperative agreements, and 

11 other assistance authorized by title I of the Omnibus Crime 

12 Control and Safe Streets Act of 1968; the Missing Children’s 

13 Assistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial 

14 Remedies and Other Tools to end the Exploitation of Chil15 dren Today Act of 2003 (Public Law 108–21); the Justice 

16 for All Act of 2004 (Public Law 108–405); the Violence 

17 Against Women and Department of Justice Reauthorization 

18 Act of 2005 (Public Law 109–162); the Second Chance Act 

19 of 2007 (Public Law 110–199); the Victims of Child Abuse 

20 Act of 1990 (Public Law 101–647); the Victims of Crime 

21 Act of 1984 (Public Law 98–473); the Adam Walsh Child 

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

23 the PROTECT Our Children Act of 2008 (Public Law 110– 

24 401); subtitle D of title II of the Homeland Security Act 

25 of 2002 (Public Law 107–296), which may include research 


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1 and development; and other programs (including the State2 wide Automated Victim Notification Program); 

3 $215,000,000, to remain available until expended, of which: 

4 (1) $40,000,000 is for criminal justice statistics 

5 programs, pursuant to part C of the 1968 Act, of 

6 which $35,000,000 is for the National Crime Victim7 ization Survey; 

8 (2) $48,000,000 is for research, development, and 

9 evaluation programs; 

10 (3) $12,000,000 is for the Statewide Victim Noti11 fication System of the Bureau of Justice Assistance; 

12 (4) $45,000,000 is for the Regional Information 

13 System Sharing System, as authorized by part M of 

14 title I of the 1968 Act; and 

15 (5) $70,000,000 is for the Missing Children’s 

16 Program. 

17 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

18 For grants, contracts, cooperative agreements, and 

19 other assistance authorized by the Violent Crime Control 

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

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

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

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

24 Abuse Act of 1990 (Public Law 101–647) (‘‘the 1990 Act’’); 

25 the Trafficking Victims Protection Reauthorization Act of 


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1 2005 (Public Law 109–164); the Violence Against Women 

2 and Department of Justice Reauthorization Act of 2005 

3 (Public Law 109–162); the Adam Walsh Child Protection 

4 and Safety Act of 2006 (Public Law 109–248); the Second 

5 Chance Act of 2007 (Public Law 110–199); and the Victims 

6 of Trafficking and Violence Protection Act of 2000 (Public 

7 Law 106–386); and other programs; $1,159,000,000, to re8 main available until expended as follows: 

9 (1) $510,000,000 for the Edward Byrne Memo10 rial Justice Assistance Grant program as authorized 

11 by subpart 1 of part E of title I of the 1968 Act, (ex12 cept that section 1001(c), and the special rules for 

13 Puerto Rico under section 505(g), of the 1968 Act, 

14 shall not apply for purposes of this Act), of which 

15 $5,000,000 is for use by the National Institute of Jus16 tice in assisting units of local government to identify, 

17 select, develop, modernize, and purchase new tech18 nologies for use by law enforcement, $2,000,000 is for 

19 a program to improve State and local law enforce20 ment intelligence capabilities including anti-ter21 rorism training and training to ensure that constitu22 tional rights, civil liberties, civil rights, and privacy 

23 interests are protected throughout the intelligence 

24 process, $10,000,000 is to support the Nationwide 

25 Pegasus Program in coordination with the National 


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1 Sheriff’s Association, for rural and non-urban law en2 forcement databases and connectivity to enhance in3 formation sharing technology capacity, and 

4 $10,000,000 is for implementation of a student loan 

5 repayment assistance program pursuant to section 

6 952 of Public Law 110–315; 

7 (2) $178,500,000 for discretionary grants to im8 prove the functioning of the criminal justice system, 

9 to prevent or combat juvenile delinquency, and to as10 sist victims of crime (other than compensation): Pro11 vided, That within the amounts appropriated, 

12 $178,500,000 shall be used for the projects, and in the 

13 amounts specified in the table entitled ‘‘Congression14 ally designated projects’’ in the report of the Com15 mittee on Appropriations of the Senate to accompany 

16 this Act; 

17 (3) $40,000,000 for competitive grants to im18 prove the functioning of the criminal justice system, 

19 to prevent or combat juvenile delinquency, and to as20 sist victims of crime (other than compensation) of 

21 which $8,000,000 shall be available for the SMART 

22 Office activities and $2,000,0000 shall be available for 

23 grants to States and local law enforcement agencies 

24 as authorized by section 5 of Public Law 110–344; 


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1 (4) $2,000,000 for the purposes described in the 

2 Missing Alzheimer’s Disease Patient Alert Program 

3 (section 240001 of the 1994 Act); 

4 (5) $15,000,000 for victim services programs for 

5 victims of trafficking, as authorized by section 

6 107(b)(2) of Public Law 106–386 and for programs 

7 authorized under Public Law 109–164; 

8 (6) $40,000,000 for Drug Courts, as authorized 

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

10 (7) $5,000,000 for prison rape prevention and 

11 prosecution and other programs, as authorized by the 

12 Prison Rape Elimination Act of 2003 (Public Law 

13 108–79); 

14 (8) $20,000,000 for grants for Residential Sub15 stance Abuse Treatment for State Prisoners, as au16 thorized by part S of title I of the 1968 Act; 

17 (9) $50,000,000 for offender re-entry programs, 

18 as authorized by the Second Chance Act of 2007 (Pub19 lic Law 110–199), of which $25,000,000 is for grants 

20 for adult and juvenile offender State, tribal and local 

21 reentry demonstration projects, $15,000,000 is for 

22 grants for mentoring and transitional services and 

23 $5,000,000 is for family-based substance abuse treat24 ment; 


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1 (10) $5,500,000 for the Capital Litigation Im2 provement Grant Program, as authorized by section 

3 426 of Public Law 108–405; 

4 (11) $10,000,000 for mental health courts and 

5 adult and juvenile collaboration program grants, as 

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

7 Act, and the Mentally Ill Offender Treatment and 

8 Crime Reduction Reauthorization and Improvement 

9 Act of 2008 (Public Law 110–416); 

10 (12) $30,000,000 for assistance to Indian tribes, 

11 of which— 

12 (A) $10,000,000 shall be available for 

13 grants under section 20109 of subtitle A of title 

14 II of the 1994 Act; 

15 (B) $10,000,000 shall be available for the 

16 Tribal Courts Initiative; 

17 (C) $7,000,000 shall be available for tribal 

18 alcohol and substance abuse reduction assistance 

19 grants; and 

20 (D) $3,000,000 shall be available for train21 ing and technical assistance and civil and crimi22 nal legal assistance as authorized by title I of 

23 Public Law 106–559; 

24 (13) $228,000,000 for the State Criminal Alien 

25 Assistance Program, as authorized by section 


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1 241(i)(5) of the Immigration and Nationality Act (8 

2 U.S.C. 1231(i)(5)); and 

3 (14) $25,000,000 for the Border Prosecutor Ini4 tiative to reimburse State, county, parish, tribal, or 

5 municipal governments for costs associated with the 

6 prosecution of criminal cases declined by local offices 

7 of the United States Attorneys: Provided, That no less 

8 than $20,000,000 shall be for prosecution efforts on 

9 the Southern border: Provided further, That no less 

10 than $5,000,000 shall be for prosecution efforts on the 

11 Northern border: 

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

13 the funds made available under this heading to increase the 

14 number of law enforcement officers, the unit of local govern15 ment will achieve a net gain in the number of law enforce16 ment officers who perform nonadministrative public safety 

17 service. 

18 WEED AND SEED PROGRAM FUND

19 For necessary expenses, including salaries and related 

20 expenses of the Office of Weed and Seed Strategies, 

21 $20,000,000, to remain available until expended, as author22 ized by section 103 of title I of the Omnibus Crime Control 

23 and Safe Streets Act of 1968. 


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1 JUVENILE JUSTICE PROGRAMS

2 For grants, contracts, cooperative agreements, and 

3 other assistance authorized by the Juvenile Justice and De4 linquency Prevention Act of 1974 (‘‘the 1974 Act’’), the Om5 nibus Crime Control and Safe Streets Act of 1968 (‘‘the 

6 1968 Act’’), the Violence Against Women and Department 

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

8 162), the Missing Children’s Assistance Act (42 U.S.C. 5771 

9 et seq.); the Prosecutorial Remedies and Other Tools to end 

10 the Exploitation of Children Today Act of 2003 (Public 

11 Law 108–21); the Victims of Child Abuse Act of 1990 (Pub12 lic Law 101–647); the Adam Walsh Child Protection and 

13 Safety Act of 2006 (Public Law 109–248); the PROTECT 

14 Our Children Act of 2008 (Public Law 110–401), and other 

15 juvenile justice programs, $407,000,000, to remain avail16 able until expended as follows: 

17 (1) $75,000,000 for programs authorized by sec18 tion 221 of the 1974 Act, and for training and tech19 nical assistance to assist small, non-profit organiza20 tions with the Federal grants process: Provided, That 

21 no less than $5,000,000 shall be for the Safe Start 

22 Program, as authorized by the 1974 Act; 

23 (2) $82,000,000 for grants and projects, as au24 thorized by sections 261 and 262 of the 1974 Act: 

25 Provided, That within the amounts appropriated, 


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1 $82,000,000 shall be used for the projects, and in the 

2 amounts, specified in the table entitled ‘‘Congression3 ally designated projects’’ in the report of the Com4 mittee on Appropriations of the Senate to accompany 

5 this Act; 

6 (3) $100,000,000 for youth mentoring grants; 

7 (4) $65,000,000 for delinquency prevention, as 

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

9 pursuant to sections 261 and 262 thereof— 

10 (A) $25,000,000 shall be for the Tribal 

11 Youth Program; 

12 (B) $10,000,000 shall be for a gang edu13 cation initiative; and 

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

15 $360,000 to each State and $4,840,000 shall be 

16 available for discretionary grants, for programs 

17 and activities to enforce State laws prohibiting 

18 the sale of alcoholic beverages to minors or the 

19 purchase or consumption of alcoholic beverages 

20 by minors, for prevention and reduction of con21 sumption of alcoholic beverages by minors, and 

22 for technical assistance and training; 

23 (5) $25,000,000 for programs authorized by the 

24 Victims of Child Abuse Act of 1990; and 


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1 (6) $60,000,000 for the Juvenile Accountability 

2 Block Grants program as authorized by part R of 

3 title I of the 1968 Act and Guam shall be considered 

4 a State: 

5 Provided, That not more than 10 percent of each amount 

6 may be used for research, evaluation, and statistics activi7 ties designed to benefit the programs or activities author8 ized: Provided further, That not more than 2 percent of each 

9 amount may be used for training and technical assistance: 

10 Provided further, That the previous two provisos shall not 

11 apply to grants and projects authorized by sections 261 and 

12 262 of the 1974 Act. 

13 PUBLIC SAFETY OFFICER BENEFITS

14 For payments and expenses authorized under section 

15 1001(a)(4) of title I of the Omnibus Crime Control and Safe 

16 Streets Act of 1968 (42 U.S.C. 3796), such sums as are nec17 essary (including amounts for administrative costs, which 

18 amounts shall be paid to the ‘‘Salaries and Expenses’’ ac19 count); and $5,000,000 for payments authorized by section 

20 1201(b) of such Act; and $4,100,000 for educational assist21 ance, as authorized by section 1218 of such Act, to remain 

22 available until expended. 

23 COMMUNITY ORIENTED POLICING SERVICES

24 For activities authorized by the Violent Crime Control 

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


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1 the Omnibus Crime Control and Safe Streets Act of 1968 

2 (‘‘the 1968 Act’’); the Violence Against Women and Depart3 ment of Justice Reauthorization Act of 2005 (Public Law 

4 109–162); subtitle D of title II of the Homeland Security 

5 Act of 2002 (Public Law 107–296), which may include re6 search and development; and the USA PATRIOT Improve7 ment and Reauthorization Act of 2005 (Public Law 109– 

8 177); the NICS Improvement Amendments Act of 2007 

9 (Public Law 110–180); the Adam Walsh Child Protection 

10 and Safety Act of 2006 (Public Law 109–248) (the ‘‘Adam 

11 Walsh Act’’); and the Justice for All Act of 2004 (Public 

12 Law 108–405), $658,500,000, to remain available until ex13 pended: Provided, That any balances made available 

14 through prior year deobligations shall only be available in 

15 accordance with section 505 of this Act. Of the amount pro16 vided (which shall be by transfer, for programs adminis17 tered by the Office of Justice Programs)— 

18 (1) $30,000,000 for the matching grant program 

19 for law enforcement armor vests, as authorized by sec20 tion 2501 of title I of the 1968 Act: Provided, That 

21 $1,500,000 is transferred directly to the National In22 stitute of Standards and Technology’s Office of Law 

23 Enforcement Standards from the Community Ori24 ented Policing Services Office for research, testing, 

25 and evaluation programs; 


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1 (2) $39,500,000 for grants to entities described 

2 in section 1701 of title I of the 1968 Act, to address 

3 public safety and methamphetamine manufacturing, 

4 sale, and use in hot spots as authorized by section 754 

5 of Public Law 109–177, and for other anti-meth6 amphetamine-related activities: Provided, That with7 in the amounts appropriated, $34,500,000 shall be 

8 used for the projects, and in the amounts, specified in 

9 the table entitled ‘‘Congressionally designated 

10 projects’’ in the report of the Committee on Appro11 priations of the Senate to accompany this Act; 

12 (3) $187,000,000 for a law enforcement tech13 nologies and interoperable communications program, 

14 and related law enforcement and public safety equip15 ment: Provided, That within the amounts appro16 priated, $187,000,000 shall be used for the projects, 

17 and in the amounts, specified in the table entitled 

18 ‘‘Congressionally designated projects’’ in the report of 

19 the Committee on Appropriations of the Senate to ac20 company this Act; 

21 (4) $10,000,000 for grants to assist States and 

22 tribal governments as authorized by the NICS Im23 provements Amendments Act of 2007 (Public Law 

24 110–180); 


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1 (5) $10,000,000 for grants to upgrade criminal 

2 records, as authorized under the Crime Identification 

3 Technology Act of 1998 (42 U.S.C. 14601); 

4 (6) $166,000,000 for DNA related and forensic 

5 programs and activities as follows: 

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

7 capacity enhancement program and for other 

8 local, State, and Federal forensic activities in9 cluding the purposes of section 2 of the DNA 

10 Analysis Backlog Elimination Act of 2000 (the 

11 Debbie Smith DNA Backlog Grant Program); 

12 (B) $5,000,000 for the purposes described in 

13 the Kirk Bloodsworth Post-Conviction DNA Test14 ing Program (Public Law 108–405, section 412); 

15 (C) $5,000,000 for Sexual Assault Forensic 

16 Exam Program Grants as authorized by Public 

17 Law 108–405, section 304; and 

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

19 Education for Law Enforcement, Correctional 

20 Personnel, and Court Officers as authorized by 

21 Public Law 108–405, section 303; 

22 (7) $20,000,000 for improving tribal law enforce23 ment, including equipment and training; 

24 (8) $15,000,000 for programs to reduce gun 

25 crime and gang violence; 


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1 (9) $10,000,000 for training and technical as2 sistance; 

3 (10) $20,000,000 for a national grant program 

4 the purpose of which is to assist State and local law 

5 enforcement to locate, arrest and prosecute child sex6 ual predators and exploiters, and to enforce sex of7 fender registration laws described in section 1701(b) 

8 of the 1968 Act, of which: 

9 (A) $5,000,000 for sex offender management 

10 assistance as authorized by the Adam Walsh Act 

11 and the Violent Crime Control Act of 1994 (Pub12 lic Law 103–322); and 

13 (B) $1,000,000 for the National Sex Of14 fender Public Registry; 

15 (11) $16,000,000 for expenses authorized by part 

16 AA of the 1968 Act (Secure our Schools); 

17 (12) $35,000,000 for Paul Coverdell Forensic 

18 Science Improvement Grants under part BB of title 

19 I of the 1968 Act; and 

20 (13) $100,000,000 for grants under section 1701 

21 of title I of the 1968 Act (42 U.S.C. 3796dd) for the 

22 hiring and rehiring of additional career law enforce23 ment officers under part Q of such title notwith24 standing subsections (g) and (i) of such section and 

25 notwithstanding 42 U.S.C. 3796dd–3(c). 


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1 SALARIES AND EXPENSES

2 For necessary expenses, not elsewhere specified in this 

3 title, for management and administration of programs 

4 within the Office on Violence Against Women, the Office 

5 of Justice Programs and the Community Oriented Policing 

6 Services Office, $179,000,000, of which not to exceed 

7 $15,708,000 shall be available for the Office on Violence 

8 Against Women; not to exceed $125,830,000 shall be avail9 able for the Office of Justice Programs; not to exceed 

10 $37,462,000 shall be available for the Community Oriented 

11 Policing Services Office: Provided, That, notwithstanding 

12 section 109 of title I of Public Law 90–351, an additional 

13 amount, not to exceed $21,000,000 shall be available for au14 thorized activities of the Office of Audit, Assessment, and 

15 Management: Provided further, That the total amount 

16 available for management and administration of such pro17 grams shall not exceed $200,000,000. 

18 GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

19 SEC. 201. In addition to amounts otherwise made 

20 available in this title for official reception and representa21 tion expenses, a total of not to exceed $75,000 from funds 

22 appropriated to the Department of Justice in this title shall 

23 be available to the Attorney General for official reception 

24 and representation expenses. 


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1 SEC. 202. None of the funds appropriated by this title 

2 shall be available to pay for an abortion, except where the 

3 life of the mother would be endangered if the fetus were car4 ried to term, or in the case of rape: Provided, That should 

5 this prohibition be declared unconstitutional by a court of 

6 competent jurisdiction, this section shall be null and void. 

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

8 title shall be used to require any person to perform, or fa9 cilitate in any way the performance of, any abortion. 

10 SEC. 204. Nothing in the preceding section shall re11 move the obligation of the Director of the Bureau of Prisons 

12 to provide escort services necessary for a female inmate to 

13 receive such service outside the Federal facility: Provided, 

14 That nothing in this section in any way diminishes the 

15 effect of section 203 intended to address the philosophical 

16 beliefs of individual employees of the Bureau of Prisons. 

17 SEC. 205. Not to exceed 5 percent of any appropriation 

18 made available for the current fiscal year for the Depart19 ment of Justice in this Act may be transferred between such 

20 appropriations, but no such appropriation, except as other21 wise specifically provided, shall be increased by more than 

22 10 percent by any such transfers: Provided, That any trans23 fer pursuant to this section shall be treated as a reprogram24 ming of funds under section 505 of this Act and shall not 


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1 be available for obligation except in compliance with the 

2 procedures set forth in that section. 

3 SEC. 206. The Attorney General is authorized to extend 

4 through September 30, 2011, the Personnel Management 

5 Demonstration Project transferred to the Attorney General 

6 pursuant to section 1115 of the Homeland Security Act of 

7 2002, Public Law 107–296 (6 U.S.C. 533) without limita8 tion on the number of employees or the positions covered. 

9 SEC. 207. Notwithstanding any other provision of law, 

10 Public Law 102–395 section 102(b) shall extend to the Bu11 reau of Alcohol, Tobacco, Firearms and Explosives in the 

12 conduct of undercover investigative operations and shall 

13 apply without fiscal year limitation with respect to any 

14 undercover investigative operation by the Bureau of Alco15 hol, Tobacco, Firearms and Explosives that is necessary for 

16 the detection and prosecution of crimes against the United 

17 States. 

18 SEC. 208. None of the funds made available to the De19 partment of Justice in this Act may be used for the purpose 

20 of transporting an individual who is a prisoner pursuant 

21 to conviction for crime under State or Federal law and is 

22 classified as a maximum or high security prisoner, other 

23 than to a prison or other facility certified by the Federal 

24 Bureau of Prisons as appropriately secure for housing such 

25 a prisoner. 


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

2 Act may be used by Federal prisons to purchase cable tele3 vision services, to rent or purchase videocassettes, video4 cassette recorders, or other audiovisual or electronic equip5 ment used primarily for recreational purposes. 

6 (b) The preceding sentence does not preclude the rent7 ing, maintenance, or purchase of audiovisual or electronic 

8 equipment for inmate training, religious, or educational 

9 programs. 

10 SEC. 210. None of the funds made available under this 

11 title shall be obligated or expended for Sentinel, or for any 

12 other major new or enhanced information technology pro13 gram having total estimated development costs in excess of 

14 $100,000,000, unless the Deputy Attorney General and the 

15 investment review board certify to the Committees on Ap16 propriations that the information technology program has 

17 appropriate program management and contractor oversight 

18 mechanisms in place, and that the program is compatible 

19 with the enterprise architecture of the Department of Jus20 tice. 

21 SEC. 211. The notification thresholds and procedures 

22 set forth in section 505 of this Act shall apply to deviations 

23 from the amounts designated for specific activities in this 

24 Act and accompanying statement, and to any use of 


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1 deobligated balances of funds provided under this title in 

2 previous years. 

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

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

5 or approve a public-private competition under the Office 

6 of Management and Budget Circular A–76 or any successor 

7 administrative regulation, directive, or policy for work per8 formed by employees of the Bureau of Prisons or of Federal 

9 Prison Industries, Incorporated. 

10 SEC. 213. Notwithstanding any other provision of law, 

11 no funds shall be available for the salary, benefits, or ex12 penses of any United States Attorney assigned dual or addi13 tional responsibilities by the Attorney General or his des14 ignee that exempt that United States Attorney from the 

15 residency requirements of 28 U.S.C. 545. 

16 SEC. 214. None of the funds appropriated in this or 

17 any other Act shall be obligated for the initiation of a future 

18 phase of the Federal Bureau of Investigation’s Sentinel pro19 gram until the Attorney General certifies to the Committees 

20 on Appropriations that existing phases currently under 

21 contract for development or fielding have completed a ma22 jority of the work for that phase under the performance 

23 measurement baseline validated by the integrated baseline 

24 review conducted in 2008: Provided, That this restriction 

25 does not apply to planning and design activities for future 


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1 phases: Provided further, That the Bureau will notify the 

2 Committees on Appropriations of any significant changes 

3 to the baseline. 

4 SEC. 215. In addition to any amounts that otherwise 

5 may be available (or authorized to be made available) by 

6 law, with respect to funds appropriated by this Act under 

7 the headings ‘‘Justice Assistance’’, ‘‘State and Local Law 

8 Enforcement Assistance’’, ‘‘Weed and Seed’’, ‘‘Juvenile Jus9 tice Programs’’, and ‘‘Community Oriented Policing Serv10 ices’’— 

11 (1) Up to 3 percent of funds made available to 

12 the Office of Justice Programs for grants or reim13 bursement may be used to provide training and tech14 nical assistance; and 

15 (2) Up to 1 percent of funds made available to 

16 such Office for formula grants under such headings 

17 may be used for research or statistical purposes by the 

18 National Institute of Justice or the Bureau of Justice 

19 Statistics, pursuant to, respectively, sections 201 and 

20 202, and sections 301 and 302 of title I of Public 

21 Law 90–351. 

22 SEC. 216. Section 5759(e) of title 5, United States 

23 Code, is amended by striking subsection (e). 

24 SEC. 217. (a) The Attorney General shall submit quar25 terly reports to the Inspector General of the Department of 


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1 Justice regarding the costs and contracting procedures re2 lating to each conference held by the Department of Justice 

3 during fiscal year 2010 for which the cost to the Govern4 ment was more than $20,000. 

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

6 include, for each conference described in that subsection held 

7 during the applicable quarter— 

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

9 participants attending that conference; 

10 (2) a detailed statement of the costs to the Gov11 ernment relating to that conference, including— 

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

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

14 and 

15 (C) a discussion of the methodology used to 

16 determine which costs relate to that conference; 

17 and 

18 (3) a description of the contracting procedures 

19 relating to that conference, including— 

20 (A) whether contracts were awarded on a 

21 competitive basis for that conference; and 

22 (B) a discussion of any cost comparison 

23 conducted by the Department of Justice in evalu24 ating potential contractors for that conference. 


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1 SEC. 218. (a) Subchapter IV of chapter 57 of title 5, 

2 United States Code, is amended by adding at the end of 

3 the following: 

4 ‘‘§ 5761. Foreign language proficiency pay awards for 

5 the Federal Bureau of Investigation 

6 ‘‘The Director of the Federal Bureau of Investigation 

7 may, under regulations prescribed by the Director, pay a 

8 cash award of up to 10 percent of basic pay to any Bureau 

9 employee who maintains proficiency in a language or lan10 guages critical to the mission or who uses one or more for11 eign languages in the performance of official duties.’’. 

12 (b) The analysis for chapter 57 of title 5, United States 

13 Code, is amended by adding at the end the following: 

‘‘5761. Foreign language proficiency pay awards for the Federal Bureau of Investigation.’’ 

14 SEC. 219. The Attorney General is authorized to waive 

15 the application of 42 U.S.C. 3755(d)(2)(A) with respect to 

16 grants made to units of local government pursuant to 42 

17 U.S.C. 3755(d)(1), if such units of local government were 

18 eligible to receive such grants under the transitional rule 

19 in 42 U.S.C. 3755(d)(2)(B). 

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

21 Appropriations Act, 2010’’. 


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1 TITLE III 

2 SCIENCE 

3 OFFICE OF SCIENCE AND TECHNOLOGY POLICY

4 For necessary expenses of the Office of Science and 

5 Technology Policy, in carrying out the purposes of the Na6 tional Science and Technology Policy, Organization, and 

7 Priorities Act of 1976 (42 U.S.C. 6601–6671), hire of pas8 senger motor vehicles, and services as authorized by 5 

9 U.S.C. 3109, not to exceed $2,500 for official reception and 

10 representation expenses, and rental of conference rooms in 

11 the District of Columbia, $6,154,000. 

12 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

13 SCIENCE

14 For necessary expenses, not otherwise provided for, in 

15 the conduct and support of science research and develop16 ment activities, including research, development, oper17 ations, support, and services; maintenance; construction of 

18 facilities including repair, rehabilitation, revitalization, 

19 and modification of facilities, construction of new facilities 

20 and additions to existing facilities, facility planning and 

21 design, and restoration, and acquisition or condemnation 

22 of real property, as authorized by law; environmental com23 pliance and restoration; space flight, spacecraft control, and 

24 communications activities; program management; per25 sonnel and related costs, including uniforms or allowances 


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1 therefor, as authorized by 5 U.S.C. 5901–5902; travel ex2 penses; purchase and hire of passenger motor vehicles; and 

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

4 mission and administrative aircraft, $4,517,000,000, to re5 main available until September 30, 2011. 

6 AERONAUTICS

7 For necessary expenses, not otherwise provided for, in 

8 the conduct and support of aeronautics research and devel9 opment activities, including research, development, oper10 ations, support, and services; maintenance; construction of 

11 facilities including repair, rehabilitation, revitalization, 

12 and modification of facilities, construction of new facilities 

13 and additions to existing facilities, facility planning and 

14 design, and restoration, and acquisition or condemnation 

15 of real property, as authorized by law; environmental com16 pliance and restoration; space flight, spacecraft control, and 

17 communications activities; program management; per18 sonnel and related costs, including uniforms or allowances 

19 therefor, as authorized by 5 U.S.C. 5901–5902; travel ex20 penses; purchase and hire of passenger motor vehicles; and 

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

22 mission and administrative aircraft, $507,000,000, to re23 main available until September 30, 2011. 


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1 EXPLORATION

2 For necessary expenses, not otherwise provided for, in 

3 the conduct and support of exploration research and devel4 opment activities, including research, development, oper5 ations, support, and services; maintenance; construction of 

6 facilities including repair, rehabilitation, revitalization, 

7 and modification of facilities, construction of new facilities 

8 and additions to existing facilities, facility planning and 

9 design, and restoration, and acquisition or condemnation 

10 of real property, as authorized by law; environmental com11 pliance and restoration; space flight, spacecraft control, and 

12 communications activities; program management, per13 sonnel and related costs, including uniforms or allowances 

14 therefor, as authorized by 5 U.S.C. 5901–5902; travel ex15 penses; purchase and hire of passenger motor vehicles; and 

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

17 mission and administrative aircraft, $3,940,400,000, to re18 main available until September 30, 2011. 

19 SPACE OPERATIONS

20 For necessary expenses, not otherwise provided for, in 

21 the conduct and support of space operations research and 

22 development activities, including research, development, op23 erations, support and services; space flight, spacecraft con24 trol and communications activities including operations, 

25 production, and services; maintenance; construction of faVerDate Nov 24 2008 02:20 Nov 06, 2009 Jkt 089200 PO 00000 Frm 00173 Fmt 6652 Sfmt 6203 E:\BILLS\H2847.PP H2847

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1 cilities including repair, rehabilitation, revitalization and 

2 modification of facilities, construction of new facilities and 

3 additions to existing facilities, facility planning and de4 sign, and restoration, and acquisition or condemnation of 

5 real property, as authorized by law; environmental compli6 ance and restoration; program management; personnel and 

7 related costs, including uniforms or allowances therefor, as 

8 authorized by 5 U.S.C. 5901–5902; travel expenses; pur9 chase and hire of passenger motor vehicles; and purchase, 

10 lease, charter, maintenance and operation of mission and 

11 administrative aircraft, $6,161,600,000, to remain avail12 able until September 30, 2011. 

13 EDUCATION

14 For necessary expenses, not otherwise provided for, in 

15 carrying out aerospace and aeronautical education research 

16 and development activities, including research, develop17 ment, operations, support, and services; program manage18 ment; personnel and related costs, uniforms or allowances 

19 therefor, as authorized by 5 U.S.C. 5901–5902; travel ex20 penses; purchase and hire of passenger motor vehicles; and 

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

22 mission and administrative aircraft, $140,100,000, to re23 main available until September 30, 2011. 


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1 CROSS AGENCY SUPPORT

2 For necessary expenses, not otherwise provided for, in 

3 the conduct and support of science, aeronautics, explo4 ration, space operations and education research and devel5 opment activities, including research, development, oper6 ations, support, and services; maintenance; construction of 

7 facilities including repair, rehabilitation, revitalization, 

8 and modification of facilities, construction of new facilities 

9 and additions to existing facilities, facility planning and 

10 design, and restoration, and acquisition or condemnation 

11 of real property, as authorized by law; environmental com12 pliance and restoration; space flight, spacecraft control, and 

13 communications activities; program management; per14 sonnel and related costs, including uniforms or allowances 

15 therefor, as authorized by 5 U.S.C. 5901–5902; travel ex16 penses; purchase and hire of passenger motor vehicles; not 

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

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

19 operation of mission and administrative aircraft, 

20 $3,383,500,000, to remain available until September 30, 

21 2011: Provided, That within the amounts appropriated 

22 $47,000,000 shall be used for the projects, and in the 

23 amounts, specified in the table entitled ‘‘Congressionally 

24 designated projects’’ in the report of the Committee on Ap25 propriations of the Senate to accompany this Act. 


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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector Gen3 eral in carrying out the Inspector General Act of 1978, 

4 $36,400,000, to remain available until September 30, 2011. 

5 ADMINISTRATIVE PROVISIONS

6 Notwithstanding the limitation on the duration of 

7 availability of funds appropriated to the National Aero8 nautics and Space Administration for any account in this 

9 Act, except for ‘‘Office of Inspector General’’, when any ac10 tivity has been initiated by the incurrence of obligations 

11 for environmental compliance and restoration activities as 

12 authorized by law, such amount available for such activity 

13 shall remain available until expended. 

14 Notwithstanding the limitation on the availability of 

15 funds appropriated to the National Aeronautics and Space 

16 Administration for any account in this Act, except for ‘‘Of17 fice of Inspector General’’, the amounts appropriated for 

18 construction of facilities shall remain available until Sep19 tember 30, 2014. 

20 Funds for announced prizes otherwise authorized shall 

21 remain available, without fiscal year limitation, until the 

22 prize is claimed or the offer is withdrawn. 

23 Not to exceed 5 percent of any appropriation made 

24 available for the current fiscal year for the National Aero25 nautics and Space Administration in this Act may be 


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1 transferred between such appropriations, but no such ap2 propriation, except as otherwise specifically provided, shall 

3 be increased by more than 10 percent by any such transfers. 

4 Any transfer pursuant to this provision shall be treated as 

5 a reprogramming of funds under section 505 of this Act 

6 and shall not be available for obligation except in compli7 ance with the procedures set forth in that section. 

8 Notwithstanding any other provision of law, no funds 

9 shall be used to implement any Reduction in Force or other 

10 involuntary separations (except for cause) by the National 

11 Aeronautics and Space Administration prior to September 

12 30, 2010. 

13 The unexpired balances of the Science, Aeronautics, 

14 and Exploration account, for activities for which funds are 

15 provided under this Act, may be transferred to the new ac16 counts established in this Act that provide such activity. 

17 Balances so transferred shall be merged with the funds in 

18 the newly established accounts, but shall be available under 

19 the same terms, conditions and period of time as previously 

20 appropriated. 

21 Funding designations and minimum funding require22 ments contained in any other Act shall not be applicable 

23 to funds appropriated by this title for the National Aero24 nautics and Space Administration. 


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1 NATIONAL SCIENCE FOUNDATION

2 RESEARCH AND RELATED ACTIVITIES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses in carrying out the National 

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

6 1861–1875), and the Act to establish a National Medal of 

7 Science (42 U.S.C. 1880–1881); services as authorized by 

8 5 U.S.C. 3109; maintenance and operation of aircraft and 

9 purchase of flight services for research support; acquisition 

10 of aircraft; and authorized travel; $5,618,000,000, to re11 main available until September 30, 2011, of which not to 

12 exceed $570,000,000 shall remain available until expended 

13 for polar research and operations support, and for reim14 bursement to other Federal agencies for operational and 

15 science support and logistical and other related activities 

16 for the United States Antarctic program: Provided, That 

17 from funds specified in the fiscal year 2010 budget request 

18 for icebreaking services, $54,000,000 shall be transferred to 

19 the U.S. Coast Guard ‘‘Operating Expenses’’: Provided fur20 ther, That receipts for scientific support services and mate21 rials furnished by the National Research Centers and other 

22 National Science Foundation supported research facilities 

23 may be credited to this appropriation: Provided further, 

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1 tivities authorized by section 7002(c)(2)(A)(iv) of Public 

2 Law 110–69. 

3 MAJOR RESEARCH EQUIPMENT AND FACILITIES

4 CONSTRUCTION

5 For necessary expenses for the acquisition, construc6 tion, commissioning, and upgrading of major research 

7 equipment, facilities, and other such capital assets pursuant 

8 to the National Science Foundation Act of 1950, as amend9 ed (42 U.S.C. 1861–1875), including authorized travel, 

10 $122,290,000, to remain available until expended. 

11 EDUCATION AND HUMAN RESOURCES

12 For necessary expenses in carrying out science and en13 gineering education and human resources programs and ac14 tivities pursuant to the National Science Foundation Act 

15 of 1950, as amended (42 U.S.C. 1861–1875), including 

16 services as authorized by 5 U.S.C. 3109, authorized travel, 

17 and rental of conference rooms in the District of Columbia, 

18 $857,760,000, to remain available until September 30, 

19 2011: Provided, That not less than $55,000,000 shall be 

20 available until expended for activities authorized by section 

21 7030 of Public Law 110–69. 

22 AGENCY OPERATIONS AND AWARD MANAGEMENT

23 For agency operations and award management nec24 essary in carrying out the National Science Foundation Act 

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1 thorized by 5 U.S.C. 3109; hire of passenger motor vehicles; 

2 not to exceed $9,000 for official reception and representa3 tion expenses; uniforms or allowances therefor, as author4 ized by 5 U.S.C. 5901–5902; rental of conference rooms in 

5 the District of Columbia; and reimbursement of the Depart6 ment of Homeland Security for security guard services; 

7 $300,370,000: Provided, That contracts may be entered into 

8 under this heading in fiscal year 2010 for maintenance and 

9 operation of facilities, and for other services, to be provided 

10 during the next fiscal year. 

11 OFFICE OF THE NATIONAL SCIENCE BOARD

12 For necessary expenses (including payment of salaries, 

13 authorized travel, hire of passenger motor vehicles, the rent14 al of conference rooms in the District of Columbia, and the 

15 employment of experts and consultants under section 3109 

16 of title 5, United States Code) involved in carrying out sec17 tion 4 of the National Science Foundation Act of 1950, as 

18 amended (42 U.S.C. 1863) and Public Law 86–209 (42 

19 U.S.C. 1880 et seq.), $4,340,000: Provided, That not to ex20 ceed $2,500 shall be available for official reception and rep21 resentation expenses. 

22 OFFICE OF INSPECTOR GENERAL

23 For necessary expenses of the Office of Inspector Gen24 eral as authorized by the Inspector General Act of 1978, 

25 as amended, $14,000,000. 


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1 This title may be cited as the ‘‘Science Appropriations 

2 Act, 2010’’. 

3 TITLE IV 

4 RELATED AGENCIES 

5 COMMISSION ON CIVIL RIGHTS

6 SALARIES AND EXPENSES

7 For necessary expenses of the Commission on Civil 

8 Rights, including hire of passenger motor vehicles, 

9 $9,400,000: Provided, That none of the funds appropriated 

10 in this paragraph shall be used to employ in excess of four 

11 full-time individuals under Schedule C of the Excepted 

12 Service exclusive of one special assistant for each Commis13 sioner: Provided further, That none of the funds appro14 priated in this paragraph shall be used to reimburse Com15 missioners for more than 75 billable days, with the excep16 tion of the chairperson, who is permitted 125 billable days. 

17 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

18 SALARIES AND EXPENSES

19 For necessary expenses of the Equal Employment Op20 portunity Commission as authorized by title VII of the 

21 Civil Rights Act of 1964, the Age Discrimination in Em22 ployment Act of 1967, the Equal Pay Act of 1963, the Amer23 icans with Disabilities Act of 1990, the Civil Rights Act 

24 of 1991, the Genetic Information Non-Discrimination Act 

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1 ments Act of 2008 (Public Law 110–325), and the Lilly 

2 Ledbetter Fair Pay Act of 2009 (Public Law 111–2), in3 cluding services as authorized by 5 U.S.C. 3109; hire of pas4 senger motor vehicles as authorized by 31 U.S.C. 1343(b); 

5 nonmonetary awards to private citizens; and not to exceed 

6 $30,000,000 for payments to State and local enforcement 

7 agencies for authorized services to the Commission, 

8 $367,303,000: Provided, That the Commission is authorized 

9 to make available for official reception and representation 

10 expenses not to exceed $2,500 from available funds: Pro11 vided further, That the Commission may take no action to 

12 implement any workforce repositioning, restructuring, or 

13 reorganization until such time as the House and Senate 

14 Committees on Appropriations have been notified of such 

15 proposals, in accordance with the reprogramming require16 ments of section 505 of this Act: Provided further, That the 

17 Chair is authorized to accept and use any gift or donation 

18 to carry out the work of the Commission. 

19 INTERNATIONAL TRADE COMMISSION

20 SALARIES AND EXPENSES

21 For necessary expenses of the International Trade 

22 Commission, including hire of passenger motor vehicles, 

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

24 exceed $2,500 for official reception and representation ex25 penses, $82,700,000, to remain available until expended. 


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1 LEGAL SERVICES CORPORATION

2 PAYMENT TO THE LEGAL SERVICES CORPORATION

3 For payment to the Legal Services Corporation to 

4 carry out the purposes of the Legal Services Corporation 

5 Act of 1974, $400,000,000, of which $374,600,000 is for 

6 basic field programs and required independent audits; 

7 $4,000,000 is for the Office of Inspector General, of which 

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

9 additional audits of recipients; $17,000,000 is for manage10 ment and grants oversight; $3,400,000 is for client self-help 

11 and information technology; and $1,000,000 is for loan re12 payment assistance: Provided, That the Legal Services Cor13 poration may continue to provide locality pay to officers 

14 and employees at a rate no greater than that provided by 

15 the Federal Government to Washington, DC-based employ16 ees as authorized by 5 U.S.C. 5304, notwithstanding section 

17 1005(d) of the Legal Services Corporation Act, 42 U.S.C. 

18 2996(d). 

19 ADMINISTRATIVE PROVISION—LEGAL SERVICES

20 CORPORATION

21 None of the funds appropriated in this Act to the Legal 

22 Services Corporation shall be expended for any purpose pro23 hibited or limited by, or contrary to any of the provisions 

24 of, sections 501, 502, 503, 504, 505, and 506 of Public Law 

25 105–119, and all funds appropriated in this Act to the 


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1 Legal Services Corporation shall be subject to the same 

2 terms and conditions set forth in such sections, except that 

3 all references in sections 502 and 503 to 1997 and 1998 

4 shall be deemed to refer instead to 2009 and 2010, respec5 tively. 

6 MARINE MAMMAL COMMISSION

7 SALARIES AND EXPENSES

8 For necessary expenses of the Marine Mammal Com9 mission as authorized by title II of Public Law 92–522, 

10 $3,250,000. 

11 OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

12 SALARIES AND EXPENSES

13 For necessary expenses of the Office of the United 

14 States Trade Representative, including the hire of passenger 

15 motor vehicles and the employment of experts and consult16 ants as authorized by 5 U.S.C. 3109, $48,326,000, of which 

17 $1,000,000 shall remain available until expended: Provided, 

18 That not to exceed $124,000 shall be available for official 

19 reception and representation expenses: Provided further, 

20 That negotiations shall be conducted within the World 

21 Trade Organization to recognize the right of members to 

22 distribute monies collected from antidumping and counter23 vailing duties: Provided further, That negotiations shall be 

24 conducted within the World Trade Organization consistent 

25 with the negotiating objectives contained in the Trade Act 


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1 of 2002, Public Law 107–210 to maintain strong U.S. rem2 edies laws, correct the problem of overreaching by World 

3 Trade Organization Panels and Appellate Body, and pre4 vent the creation of obligation never negotiated or expressly 

5 agreed to by the United States. 

6 STATE JUSTICE INSTITUTE

7 SALARIES AND EXPENSES

8 For necessary expenses of the State Justice Institute, 

9 as authorized by the State Justice Institute Authorization 

10 Act of 1984 (42 U.S.C. 10701 et. seq.) $5,000,000, of which 

11 $500,000 shall remain available until September 30, 2011: 

12 Provided, That not to exceed $3,000 shall be available for 

13 official reception and representation expenses. 

14 TITLE V 

15 GENERAL PROVISIONS 

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

17 this Act shall be used for publicity or propaganda purposes 

18 not authorized by the Congress. 

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

20 this Act shall remain available for obligation beyond the 

21 current fiscal year unless expressly so provided herein. 

22 SEC. 503. The expenditure of any appropriation under 

23 this Act for any consulting service through procurement 

24 contract, pursuant to 5 U.S.C. 3109, shall be limited to 

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1 lic record and available for public inspection, except where 

2 otherwise provided under existing law, or under existing 

3 Executive order issued pursuant to existing law. 

4 SEC. 504. If any provision of this Act or the applica5 tion of such provision to any person or circumstances shall 

6 be held invalid, the remainder of the Act and the applica7 tion of each provision to persons or circumstances other 

8 than those as to which it is held invalid shall not be affected 

9 thereby. 

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

11 Act, or provided under previous appropriations Acts to the 

12 agencies funded by this Act that remain available for obli13 gation or expenditure in fiscal year 2009, or provided from 

14 any accounts in the Treasury of the United States derived 

15 by the collection of fees available to the agencies funded by 

16 this Act, shall be available for obligation or expenditure 

17 through the reprogramming of funds that: 

18 (1) creates or initiates a new program, project or 

19 activity; 

20 (2) eliminates a program, project or activity, 

21 unless the House and Senate Committees on Appro22 priations are notified 15 days in advance of such re23 programming of funds; 

24 (3) increases funds or personnel by any means 

25 for any project or activity for which funds have been 


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1 denied or restricted by this Act, unless the House and 

2 Senate Committees on Appropriations are notified 15 

3 days in advance of such reprogramming of funds; 

4 (4) relocates an office or employees, unless the 

5 House and Senate Committees on Appropriations are 

6 notified 15 days in advance of such reprogramming 

7 of funds; 

8 (5) reorganizes or renames offices, programs or 

9 activities, unless the House and Senate Committees 

10 on Appropriations are notified 15 days in advance of 

11 such reprogramming of funds; 

12 (6) contracts out or privatizes any functions or 

13 activities presently performed by Federal employees, 

14 unless the House and Senate Committees on Appro15 priations are notified 15 days in advance of such re16 programming of funds; 

17 (7) proposes to use funds directed for a specific 

18 activity by either the House or Senate Committee on 

19 Appropriations for a different purpose, unless the 

20 House and Senate Committees on Appropriations are 

21 notified 15 days in advance of such reprogramming 

22 of funds; 

23 (8) augments funds for existing programs, 

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1 ing for any program, project or activity, or numbers 

2 of personnel by 10 percent as approved by Congress, 

3 unless the House and Senate Committees on Appro4 priations are notified 15 days in advance of such re5 programming of funds; or 

6 (9) results from any general savings, including 

7 savings from a reduction in personnel, which would 

8 result in a change in existing programs, projects or 

9 activities as approved by Congress, unless the House 

10 and Senate Committees on Appropriations are noti11 fied 15 days in advance of such reprogramming of 

12 funds. 

13 (b) None of the funds provided under this Act, or pro14 vided under previous appropriations Acts to the agencies 

15 funded by this Act that remain available for obligation or 

16 expenditure in fiscal year 2010, or provided from any ac17 counts in the Treasury of the United States derived by the 

18 collection of fees available to the agencies funded by this 

19 Act, shall be available for obligation or expenditure through 

20 the reprogramming of funds after August 1, except in ex21 traordinary circumstances, and only after the House and 

22 Senate Committees on Appropriations are notified 30 days 

23 in advance of such reprogramming of funds. 

24 SEC. 506. Hereafter, none of the funds made available 

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1 ister, or enforce any guidelines of the Equal Employment 

2 Opportunity Commission covering harassment based on re3 ligion, when it is made known to the Federal entity or offi4 cial to which such funds are made available that such 

5 guidelines do not differ in any respect from the proposed 

6 guidelines published by the Commission on October 1, 1993 

7 (58 Fed. Reg. 51266). 

8 SEC. 507. If it has been finally determined by a court 

9 or Federal agency that any person intentionally affixed a 

10 label bearing a ‘‘Made in America’’ inscription, or any in11 scription with the same meaning, to any product sold in 

12 or shipped to the United States that is not made in the 

13 United States, the person shall be ineligible to receive any 

14 contract or subcontract made with funds made available in 

15 this Act, pursuant to the debarment, suspension, and ineli16 gibility procedures described in sections 9.400 through 

17 9.409 of title 48, Code of Federal Regulations. 

18 SEC. 508. The Departments of Commerce and Justice, 

19 the National Science Foundation, and the National Aero20 nautics and Space Administration, shall provide to the 

21 House and Senate Committees on Appropriations a quar22 terly accounting of the cumulative balances of any unobli23 gated funds that were received by such agency during any 

24 previous fiscal year. 


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1 SEC. 509. Any costs incurred by a department or agen2 cy funded under this Act resulting from, or to prevent, per3 sonnel actions taken in response to funding reductions in4 cluded in this Act shall be absorbed within the total budg5 etary resources available to such department or agency: 

6 Provided, That the authority to transfer funds between ap7 propriations accounts as may be necessary to carry out this 

8 section is provided in addition to authorities included else9 where in this Act: Provided further, That use of funds to 

10 carry out this section shall be treated as a reprogramming 

11 of funds under section 505 of this Act and shall not be avail12 able for obligation or expenditure except in compliance with 

13 the procedures set forth in that section. 

14 SEC. 510. None of the funds provided by this Act shall 

15 be available to promote the sale or export of tobacco or to16 bacco products, or to seek the reduction or removal by any 

17 foreign country of restrictions on the marketing of tobacco 

18 or tobacco products, except for restrictions which are not 

19 applied equally to all tobacco or tobacco products of the 

20 same type. 

21 SEC. 511. None of the funds appropriated pursuant 

22 to this Act or any other provision of law may be used for— 

23 (1) the implementation of any tax or fee in con24 nection with the implementation of subsection 922(t) 

25 of title 18, United States Code; and 


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1 (2) any system to implement subsection 922(t) of 

2 title 18, United States Code, that does not require and 

3 result in the destruction of any identifying informa4 tion submitted by or on behalf of any person who has 

5 been determined not to be prohibited from possessing 

6 or receiving a firearm no more than 24 hours after 

7 the system advises a Federal firearms licensee that 

8 possession or receipt of a firearm by the prospective 

9 transferee would not violate subsection (g) or (n) of 

10 section 922 of title 18, United States Code, or State 

11 law. 

12 SEC. 512. None of the funds made available in this 

13 Act may be used to pay the salaries and expenses of per14 sonnel of the Department of Justice to obligate more than 

15 $705,000,000 during fiscal year 2010 from the fund estab16 lished by section 1402 of chapter XIV of title II of Public 

17 Law 98–473 (42 U.S.C. 10601): Provided, That hereafter 

18 the availability of funds under section 1402(d)(3) to im19 prove services shall be understood to mean availability for 

20 pay or salary, including benefits for the same. 

21 SEC. 513. None of the funds made available to the De22 partment of Justice in this Act may be used to discriminate 

23 against or denigrate the religious or moral beliefs of stu24 dents who participate in programs for which financial asVerDate Nov 24 2008 02:20 Nov 06, 2009 Jkt 089200 PO 00000 Frm 00191 Fmt 6652 Sfmt 6203 E:\BILLS\H2847.PP H2847

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1 sistance is provided from those funds, or of the parents or 

2 legal guardians of such students. 

3 SEC. 514. None of the funds made available in this 

4 Act may be transferred to any department, agency, or in5 strumentality of the United States Government, except pur6 suant to a transfer made by, or transfer authority provided 

7 in, this Act or any other appropriations Act. 

8 SEC. 515. Any funds provided in this Act used to im9 plement E-Government Initiatives shall be subject to the 

10 procedures set forth in section 505 of this Act. 

11 SEC. 516. (a) Tracing studies conducted by the Bureau 

12 of Alcohol, Tobacco, Firearms and Explosives are released 

13 without adequate disclaimers regarding the limitations of 

14 the data. 

15 (b) The Bureau of Alcohol, Tobacco, Firearms and Ex16 plosives shall include in all such data releases, language 

17 similar to the following that would make clear that trace 

18 data cannot be used to draw broad conclusions about fire19 arms-related crime: 

20 (1) Firearm traces are designed to assist law en21 forcement authorities in conducting investigations by 

22 tracking the sale and possession of specific firearms. 

23 Law enforcement agencies may request firearms traces 

24 for any reason, and those reasons are not necessarily 

25 reported to the Federal Government. Not all firearms 


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1 used in crime are traced and not all firearms traced 

2 are used in crime. 

3 (2) Firearms selected for tracing are not chosen 

4 for purposes of determining which types, makes, or 

5 models of firearms are used for illicit purposes. The 

6 firearms selected do not constitute a random sample 

7 and should not be considered representative of the 

8 larger universe of all firearms used by criminals, or 

9 any subset of that universe. Firearms are normally 

10 traced to the first retail seller, and sources reported 

11 for firearms traced do not necessarily represent the 

12 sources or methods by which firearms in general are 

13 acquired for use in crime. 

14 SEC. 517. (a) The Inspectors General of the Depart15 ment of Commerce, the Department of Justice, the National 

16 Aeronautics and Space Administration, the National 

17 Science Foundation, and the Legal Services Corporation 

18 shall conduct audits, pursuant to the Inspector General Act 

19 (5 U.S.C. App.), of grants or contracts for which funds are 

20 appropriated by this Act, and shall submit reports to Con21 gress on the progress of such audits, which may include pre22 liminary findings and a description of areas of particular 

23 interest, within 180 days after initiating such an audit and 

24 every 180 days thereafter until any such audit is completed. 


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1 (b) Within 60 days after the date on which an audit 

2 described in subsection (a) by an Inspector General is com3 pleted, the Secretary, Attorney General, Administrator, Di4 rector, or President, as appropriate, shall make the results 

5 of the audit available to the public on the Internet website 

6 maintained by the Department, Administration, Founda7 tion, or Corporation, respectively. The results shall be made 

8 available in redacted form to exclude— 

9 (1) any matter described in section 552(b) of 

10 title 5, United States Code; and 

11 (2) sensitive personal information for any indi12 vidual, the public access to which could be used to 

13 commit identity theft or for other inappropriate or 

14 unlawful purposes. 

15 (c) A grant or contract funded by amounts appro16 priated by this Act may not be used for the purpose of de17 fraying the costs of a banquet or conference that is not di18 rectly and programmatically related to the purpose for 

19 which the grant or contract was awarded, such as a banquet 

20 or conference held in connection with planning, training, 

21 assessment, review, or other routine purposes related to a 

22 project funded by the grant or contract. 

23 (d) Any person awarded a grant or contract funded 

24 by amounts appropriated by this Act shall submit a state25 ment to the Secretary of Commerce, the Attorney General, 


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1 the Administrator, Director, or President, as appropriate, 

2 certifying that no funds derived from the grant or contract 

3 will be made available through a subcontract or in any 

4 other manner to another person who has a financial interest 

5 in the person awarded the grant or contract. 

6 (e) The provisions of the preceding subsections of this 

7 section shall take effect 30 days after the date on which the 

8 Director of the Office of Management and Budget, in con9 sultation with the Director of the Office of Government Eth10 ics, determines that a uniform set of rules and requirements, 

11 substantially similar to the requirements in such sub12 sections, consistently apply under the executive branch eth13 ics program to all Federal departments, agencies, and enti14 ties. 

15 SEC. 518. None of the funds appropriated or otherwise 

16 made available under this Act may be used to issue patents 

17 on claims directed to or encompassing a human organism. 

18 SEC. 519. None of the funds made available in this 

19 Act shall be used in any way whatsoever to support or jus20 tify the use of torture by any official or contract employee 

21 of the United States Government. 

22 SEC. 520. (a) Notwithstanding any other provision of 

23 law or treaty, none of the funds appropriated or otherwise 

24 made available under this Act or any other Act may be 

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1 mentality of the United States to pay administrative ex2 penses or to compensate an officer or employee of the United 

3 States in connection with requiring an export license for 

4 the export to Canada of components, parts, accessories or 

5 attachments for firearms listed in Category I, section 121.1 

6 of title 22, Code of Federal Regulations (International Traf7 ficking in Arms Regulations (ITAR), part 121, as it existed 

8 on April 1, 2005) with a total value not exceeding $500 

9 wholesale in any transaction, provided that the conditions 

10 of subsection (b) of this section are met by the exporting 

11 party for such articles. 

12 (b) The foregoing exemption from obtaining an export 

13 license— 

14 (1) does not exempt an exporter from filing any 

15 Shipper’s Export Declaration or notification letter re16 quired by law, or from being otherwise eligible under 

17 the laws of the United States to possess, ship, trans18 port, or export the articles enumerated in subsection 

19 (a); and 

20 (2) does not permit the export without a license 

21 of— 

22 (A) fully automatic firearms and compo23 nents and parts for such firearms, other than for 

24 end use by the Federal Government, or a Provin25 cial or Municipal Government of Canada; 


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1 (B) barrels, cylinders, receivers (frames) or 

2 complete breech mechanisms for any firearm list3 ed in Category I, other than for end use by the 

4 Federal Government, or a Provincial or Munic5 ipal 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 Direc9 tors of Customs and postmasters shall permit the permanent 

10 or temporary export without a license of any unclassified 

11 articles specified in subsection (a) to Canada for end use 

12 in Canada or return to the United States, or temporary 

13 import of Canadian-origin items from Canada for end use 

14 in the United States or return to Canada for a Canadian 

15 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 maintained 

20 inadequate import controls for the articles specified in sub21 section (a), such that a significant diversion of such articles 

22 has and continues to take place for use in international 

23 terrorism or in the escalation of a conflict in another na24 tion. The President shall terminate the requirements of a 


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1 license when reasons for the temporary requirements have 

2 ceased. 

3 SEC. 521. Notwithstanding any other provision of law, 

4 no department, agency, or instrumentality of the United 

5 States receiving appropriated funds under this Act or any 

6 other Act shall obligate or expend in any way such funds 

7 to pay administrative expenses or the compensation of any 

8 officer or employee of the United States to deny any appli9 cation submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and 

10 qualified pursuant to 27 CFR section 478.112 or .113, for 

11 a permit to import United States origin ‘‘curios or relics’’ 

12 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 reasonable 

10 cause to believe that the total program cost has increased 

11 by 10 percent, the program manager shall immediately in12 form the Secretary, Administrator, or Director. The Sec13 retary, Administrator, or Director shall notify the House 

14 and Senate Committees on Appropriations within 30 days 

15 in writing of such increase, and shall include in such notice: 

16 the date on which such determination was made; a state17 ment of the reasons for such increases; the action taken and 

18 proposed to be taken to control future cost growth of the 

19 project; changes made in the performance or schedule mile20 stones and the degree to which such changes have contrib21 uted to the increase in total program costs or procurement 

22 costs; new estimates of the total project or procurement 

23 costs; and a statement validating that the project’s manage24 ment structure is adequate to control total project or pro25 curement costs. 


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1 SEC. 525. Funds appropriated by this Act, or made 

2 available by the transfer of funds in this Act, for intelligence 

3 or intelligence related activities are deemed to be specifi4 cally authorized by the Congress for purposes of section 504 

5 of the National Security Act of 1947 (50 U.S.C. 414) during 

6 fiscal year 2010 until the enactment of the Intelligence Au7 thorization Act for fiscal year 2010. 

8 SEC. 526. The Departments, agencies, and commis9 sions funded under this Act, shall establish and maintain 

10 on the homepages of their Internet websites— 

11 (1) a direct link to the Internet websites of their 

12 Offices of Inspectors General; and 

13 (2) a mechanism on the Offices of Inspectors 

14 General website by which individuals may anony15 mously report cases of waste, fraud, or abuse with re16 spect to those Departments, agencies, and commis17 sions. 

18 SEC. 527. None of the funds appropriated or otherwise 

19 made available by this Act may be used to enter into a 

20 contract in an amount greater than $5,000,000 or to award 

21 a grant in excess of such amount unless the prospective con22 tractor or grantee certifies in writing to the agency award23 ing the contract or grant that, to the best of its knowledge 

24 and belief, the contractor or grantee has filed all Federal 

25 tax returns required during the three years preceding the 


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1 certification, has not been convicted of a criminal offense 

2 under the Internal Revenue Code of 1986, and has not, more 

3 than 90 days prior to certification, been notified of any 

4 unpaid Federal tax assessment for which the liability re5 mains unsatisfied, unless the assessment is the subject of 

6 an installment agreement or offer in compromise that has 

7 been approved by the Internal Revenue Service and is not 

8 in default, or the assessment is the subject of a non-frivolous 

9 administrative or judicial proceeding. 

10 SEC. 528. None of the funds appropriated or otherwise 

11 made available in this Act may be used in a manner that 

12 is inconsistent with the principal negotiating objective of 

13 the United States with respect to trade remedy laws to pre14 serve the ability of the United States— 

15 (1) to enforce vigorously its trade laws, including 

16 antidumping, countervailing duty, and safeguard 

17 laws; 

18 (2) to avoid agreements that— 

19 (A) lessen the effectiveness of domestic and 

20 international disciplines on unfair trade, espe21 cially dumping and subsidies; or 

22 (B) lessen the effectiveness of domestic and 

23 international safeguard provisions, in order to 

24 ensure that United States workers, agricultural 

25 producers, and firms can compete fully on fair 


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1 terms and enjoy the benefits of reciprocal trade 

2 concessions; and 

3 (3) to address and remedy market distortions 

4 that lead to dumping and subsidization, including 

5 overcapacity, cartelization, and market-access bar6 riers. 

7 SEC. 529. None of the funds made available in this 

8 Act may be used to purchase first class or premium airline 

9 travel in contravention of sections 301–10.122 through 301– 

10 10.124 of title 41 of the Code of Federal Regulations. 

11 SEC. 530. None of the funds made available in this 

12 Act may be used to send or otherwise pay for the attendance 

13 of more than 50 employees from a Federal department or 

14 agency at any single conference occurring outside the 

15 United States. 

16 (RESCISSIONS)

17 SEC. 531. (a) Of the unobligated balances available to 

18 the Department of Justice from prior appropriations, the 

19 following funds are hereby rescinded, not later than Sep20 tember 30, 2010, from the following accounts in the speci21 fied amounts: 

22 (1) ‘‘Legal Activities, Assets Forfeiture Fund’’, 

23 $379,000,000, of which $136,000,000 shall be perma24 nently rescinded and returned to the general fund; 


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1 (2) ‘‘Office of Justice Programs’’, $42,000,000; 

2 and 

3 (3) ‘‘Community Oriented Policing Services’’, 

4 $40,000,000. 

5 (b) The Department of Justice shall, within 30 days 

6 of enactment of this Act, submit to the Committee on Appro7 priations of the House of Representatives and the Senate 

8 a report specifying the amount of each rescission made pur9 suant to this section. 

10 (c) The recissions contained in this section shall not 

11 apply to funds provided in this Act. 

12 SEC. 532. Section 504(a) of the Departments of Com13 merce, Justice, and State, the Judiciary, and Related Agen14 cies Appropriations Act, 1996 (as contained in Public Law 

15 104–134) is amended: 

16 (1) in subsection (a), in the matter preceding 

17 paragraph (1), by inserting after ‘‘)’’ the following: 

18 ‘‘that uses Federal funds (or funds from any source 

19 with regard to paragraphs (14) and (15)) in a man20 ner’’; 

21 (2) by striking subsection (d); and 

22 (3) by redesignating subsections (e) and (f) as 

23 subsections (d) and (e), respectively. 

24 SEC. 533. None of the funds made available under this 

25 Act may be distributed to the Association of Community 


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1 Organizations for Reform Now (ACORN) or its subsidi2 aries. 

3 REVIEW AND AUDIT OF ACORN FEDERAL FUNDING

4 SEC. 534. (a) REVIEW AND AUDIT.—The Comptroller 

5 General of the United States shall conduct a review and 

6 audit of Federal funds received by the Association of Com7 munity Organizations for Reform Now (referred to in this 

8 section as ‘‘ACORN’’) or any subsidiary or affiliate of 

9 ACORN to determine— 

10 (1) whether any Federal funds were misused 

11 and, if so, the total amount of Federal funds involved 

12 and how such funds were misused; 

13 (2) what steps, if any, have been taken to recover 

14 any Federal funds that were misused; 

15 (3) what steps should be taken to prevent the 

16 misuse of any Federal funds; and 

17 (4) whether all necessary steps have been taken 

18 to prevent the misuse of any Federal funds. 

19 (b) REPORT.—Not later than 180 days after the date 

20 of enactment of this Act, the Comptroller General shall sub21 mit to Congress a report on the results of the audit required 

22 under subsection (a), along with recommendations for Fed23 eral agency reforms. 


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1 This Act may be cited as the ‘‘Commerce, Justice, 

2 Science, and Related Agencies Appropriations Act, 2010’’. 

Passed the House of Representatives June 18, 2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 

Passed the Senate November 5, 2009. 

Attest: NANCY ERICKSON, 

Secretary. 


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