140 
(3) $187,000,000 is for a law enforcement tech-
nologies and interoperable communications program, 
and related law enforcement and public safety equip-
ment: Provided, That within the amounts appro-
priated, $185,500,000 shall be used for the projects, 
and in the amounts, specified in the explanatory 
statement described in section 4 (in the matter pre-
ceding division A of this consolidated Act); 
(4) $25,000,000 is for offender re-entry pro-
grams, as authorized under section 101 and 211 of 
the Second Chance Act of 2007 (Public Law 110– 
199), of which $15,000,000 is for grants for adult 
and juvenile offender state and local reentry dem-
onstration projects, and $10,000,000 is for grants 
for mentoring and transitional services; 
(5) $10,000,000 is for grants to assist States 
and tribal governments as authorized by the NICS 
Improvements Amendments Act of 2007 (Public 
Law 110–180); 
(6) $10,000,000 is for grants to upgrade crimi-
nal records, as authorized under the Crime Identi-
fication Technology Act of 1998 (42 U.S.C. 14601); 
(7) $156,000,000 is for DNA related and foren-
sic programs and activities as follows:
141 
(A) $151,000,000 for a DNA analysis and 
capacity enhancement program and for other 
local, state, and Federal forensic activities in-
cluding the purposes of section 2 of the DNA 
Analysis Backlog Elimination Act of 2000 (the 
Debbie Smith DNA Backlog Grant Program); 
and 
(B) $5,000,000 for the purposes described 
in the Kirk Bloodsworth Post-Conviction DNA 
Testing Program (Public Law 108–405, section 
412); 
(8) $20,000,000 is for improving tribal law en-
forcement, including equipment and training; 
(9) $15,000,000 is for programs to reduce gun 
crime and gang violence; 
(10) $4,000,000 is for training and technical 
assistance; 
(11) $18,000,000 is for a national grant pro-
gram the purpose of which is to assist State and 
local law enforcement to locate, arrest and prosecute 
child sexual predators and exploiters, and to enforce 
sex offender registration laws described in section 
1701(b) of the 1968 Act, of which: 
(A) $5,000,000 is for sex offender manage-
ment assistance as authorized by the Adam
142 
Walsh Act and the Violent Crime Control Act 
of 1994 (Public Law 103–322); and 
(B) $1,000,000 is for the National Sex Of-
fender Public Registry; 
(12) $16,000,000 is for expenses authorized by 
part AA of the 1968 Act (Secure our Schools); and 
(13) $25,000,000 is for Paul Coverdell Forensic 
Science Improvement Grants under part BB of title 
I of the 1968 Act. 
SALARIES AND EXPENSES 
For necessary expenses, not elsewhere specified in 
this title, for management and administration of programs 
within the Office on Violence Against Women, the Office 
of Justice Programs and the Community Oriented Polic-
ing Services Office, $174,000,000, of which not to exceed 
$14,000,000 shall be available for the Office on Violence 
Against Women; not to exceed $130,000,000 shall be 
available for the Office of Justice Programs; not to exceed 
$30,000,000 shall be available for the Community Ori-
ented Policing Services Office: Provided, That, notwith-
standing section 109 of title I of Public Law 90–351, an 
additional amount, not to exceed $21,000,000 shall be 
available for authorized activities of the Office of Audit, 
Assessment, and Management: Provided further, That the 
total amount available for management and administra-
tion of such programs shall not exceed $195,000,000.
143 
GENERAL PROVISIONS—DEPARTMENT OF JUSTICE 
SEC. 201. In addition to amounts otherwise made 
available in this title for official reception and representa-
tion expenses, a total of not to exceed $50,000 from funds 
appropriated to the Department of Justice in this title 
shall be available to the Attorney General for official re-
ception and representation expenses. 
SEC. 202. None of the funds appropriated by this 
title shall be available to pay for an abortion, except where 
the life of the mother would be endangered if the fetus 
were carried to term, or in the case of rape: Provided, 
That should this prohibition be declared unconstitutional 
by a court of competent jurisdiction, this section shall be 
null and void. 
SEC. 203. None of the funds appropriated under this 
title shall be used to require any person to perform, or 
facilitate in any way the performance of, any abortion. 
SEC. 204. Nothing in the preceding section shall re-
move the obligation of the Director of the Bureau of Pris-
ons to provide escort services necessary for a female in-
mate to receive such service outside the Federal facility: 
Provided, That nothing in this section in any way dimin-
ishes the effect of section 203 intended to address the phil-
osophical beliefs of individual employees of the Bureau of 
Prisons.
144 
SEC. 205. Not to exceed 5 percent of any appropria-
tion made available for the current fiscal year for the De-
partment of Justice in this Act may be transferred be-
tween such appropriations, but no such appropriation, ex-
cept as otherwise specifically provided, shall be increased 
by more than 10 percent by any such transfers: Provided, 
That any transfer pursuant to this section shall be treated 
as a reprogramming of funds under section 505 of this 
Act and shall not be available for obligation except in com-
pliance with the procedures set forth in that section: Pro-
vided further, That none of the funds appropriated to 
‘‘Buildings and Facilities, Federal Prison System’’ in this 
or any other Act may be transferred to ‘‘Salaries and Ex-
penses, Federal Prison System’’, or any other Department 
of Justice account, unless the President certifies that such 
a transfer is necessary to the national security interests 
of the United States, and such authority shall not be dele-
gated, and shall be subject to section 505 of this Act. 
SEC. 206. The Attorney General is authorized to ex-
tend through September 30, 2010, the Personnel Manage-
ment Demonstration Project transferred to the Attorney 
General pursuant to section 1115 of the Homeland Secu-
rity Act of 2002, Public Law 107–296 (6 U.S.C. 533) 
without limitation on the number of employees or the posi-
tions covered.
145 
SEC. 207. Notwithstanding any other provision of 
law, Public Law 102–395 section 102(b) shall extend to 
the Bureau of Alcohol, Tobacco, Firearms and Explosives 
in the conduct of undercover investigative operations and 
shall apply without fiscal year limitation with respect to 
any undercover investigative operation initiated by the Bu-
reau of Alcohol, Tobacco, Firearms and Explosives that 
is necessary for the detection and prosecution of crimes 
against the United States. 
SEC. 208. None of the funds made available to the 
Department of Justice in this Act may be used for the 
purpose of transporting an individual who is a prisoner 
pursuant to conviction for crime under State or Federal 
law and is classified as a maximum or high security pris-
oner, other than to a prison or other facility certified by 
the Federal Bureau of Prisons as appropriately secure for 
housing such a prisoner. 
SEC. 209. (a) None of the funds appropriated by this 
Act may be used by Federal prisons to purchase cable tele-
vision services, to rent or purchase videocassettes, video-
cassette recorders, or other audiovisual or electronic equip-
ment used primarily for recreational purposes. 
(b) The preceding sentence does not preclude the 
renting, maintenance, or purchase of audiovisual or elec-
146 
tronic equipment for inmate training, religious, or edu-
cational programs. 
SEC. 210. None of the funds made available under 
this title shall be obligated or expended for Sentinel, or 
for any other major new or enhanced information tech-
nology program having total estimated development costs 
in excess of $100,000,000, unless the Deputy Attorney 
General and the investment review board certify to the 
Committees on Appropriations that the information tech-
nology program has appropriate program management 
and contractor oversight mechanisms in place, and that 
the program is compatible with the enterprise architecture 
of the Department of Justice. 
SEC. 211. The notification thresholds and procedures 
set forth in section 505 of this Act shall apply to devi-
ations from the amounts designated for specific activities 
in this Act and accompanying statement, and to any use 
of deobligated balances of funds provided under this title 
in previous years. 
SEC. 212. None of the funds appropriated by this Act 
may be used to plan for, begin, continue, finish, process, 
or approve a public-private competition under the Office 
of Management and Budget Circular A–76 or any suc-
cessor administrative regulation, directive, or policy for
147 
work performed by employees of the Bureau of Prisons 
or of Federal Prison Industries, Incorporated. 
SEC. 213. Notwithstanding any other provision of 
law, no funds shall be available for the salary, benefits, 
or expenses of any United States Attorney assigned dual 
or additional responsibilities by the Attorney General or 
his designee that exempt that United States Attorney 
from the residency requirements of 28 U.S.C. 545. 
SEC. 214. None of the funds appropriated in this or 
any other Act shall be obligated for the initiation of a fu-
ture phase of the Federal Bureau of Investigation’s Sen-
tinel program until the Attorney General certifies to the 
Committees on Appropriations that existing phases cur-
rently under contract for development or fielding have 
completed a majority of the work for that phase under 
the performance measurement baseline validated by the 
integrated baseline review conducted in 2008: Provided, 
That this restriction does not apply to planning and design 
activities for future phases: Provided further, That the Bu-
reau will notify the Committees on Appropriations of any 
significant changes to the baseline. 
SEC. 215. (a) The Attorney General shall submit 
quarterly reports to the Inspector General of the Depart-
ment of Justice regarding the costs and contracting proce-
dures relating to each conference held by the Department
148 
of Justice during fiscal year 2009 for which the cost to 
the Government was more than $20,000. 
(b) Each report submitted under subsection (a) shall 
include, for each conference described in that subsection 
held during the applicable quarter— 
(1) a description of the subject of and number 
of participants attending that conference; 
(2) a detailed statement of the costs to the Gov-
ernment relating to that conference, including— 
(A) the cost of any food or beverages; 
(B) the cost of any audio-visual services; 
and 
(C) a discussion of the methodology used 
to determine which costs relate to that con-
ference; and 
(3) a description of the contracting procedures 
relating to that conference, including— 
(A) whether contracts were awarded on a 
competitive basis for that conference; and 
(B) a discussion of any cost comparison 
conducted by the Department of Justice in eval-
uating potential contractors for that conference. 
This title may be cited as the ‘‘Department of Justice 
Appropriations Act, 2009’’.
149 
TITLE III 
SCIENCE 
OFFICE OF SCIENCE AND TECHNOLOGY POLICY 
For necessary expenses of the Office of Science and 
Technology Policy, in carrying out the purposes of the Na-
tional Science and Technology Policy, Organization, and 
Priorities Act of 1976 (42 U.S.C. 6601–6671), hire of 
passenger motor vehicles, and services as authorized by 
5 U.S.C. 3109, not to exceed $2,500 for official reception 
and representation expenses, and rental of conference 
rooms in the District of Columbia, $5,303,000. 
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 
SCIENCE 
For necessary expenses, not otherwise provided for, 
in the conduct and support of science research and devel-
opment activities, including research, development, oper-
ations, support, and services; maintenance; construction of 
facilities including repair, rehabilitation, revitalization, 
and modification of facilities, construction of new facilities 
and additions to existing facilities, facility planning and 
design, and restoration, and acquisition or condemnation 
of real property, as authorized by law; environmental com-
pliance and restoration; space flight, spacecraft control, 
and communications activities; program management; per-
sonnel and related costs, including uniforms or allowances
150 
therefor, as authorized by 5 U.S.C. 5901–5902; travel ex-
penses; purchase and hire of passenger motor vehicles; and 
purchase, lease, charter, maintenance, and operation of 
mission and administrative aircraft, $4,503,019,000 to re-
main available until September 30, 2010. 
AERONAUTICS 
For necessary expenses, not otherwise provided for, 
in the conduct and support of aeronautics research and 
development activities, including research, development, 
operations, support, and services; maintenance; construc-
tion of facilities including repair, rehabilitation, revitaliza-
tion, and modification of facilities, construction of new fa-
cilities and additions to existing facilities, facility planning 
and design, and restoration, and acquisition or condemna-
tion of real property, as authorized by law; environmental 
compliance and restoration; space flight, spacecraft con-
trol, and communications activities; program manage-
ment; personnel and related costs, including uniforms or 
allowances therefor, as authorized by 5 U.S.C. 5901– 
5902; travel expenses; purchase and hire of passenger 
motor vehicles; and purchase, lease, charter, maintenance, 
and operation of mission and administrative aircraft, 
$500,000,000 to remain available until September 30, 
2010.
151 
EXPLORATION 
For necessary expenses, not otherwise provided for, 
in the conduct and support of exploration research and 
development activities, including research, development, 
operations, support, and services; maintenance; construc-
tion of facilities including repair, rehabilitation, revitaliza-
tion, and modification of facilities, construction of new fa-
cilities and additions to existing facilities, facility planning 
and design, and restoration, and acquisition or condemna-
tion of real property, as authorized by law; environmental 
compliance and restoration; space flight, spacecraft con-
trol, and communications activities; program manage-
ment, personnel and related costs, including uniforms or 
allowances therefor, as authorized by 5 U.S.C. 5901– 
5902; travel expenses; purchase and hire of passenger 
motor vehicles; and purchase, lease, charter, maintenance, 
and operation of mission and administrative aircraft, 
$3,505,469,000 to remain available until September 30, 
2010. 
SPACE OPERATIONS 
For necessary expenses, not otherwise provided for, 
in the conduct and support of space operations research 
and development activities, including research, develop-
ment, operations, support and services; space flight, space-
craft control and communications activities including oper-
152 
ations, production, and services; maintenance; construc-
tion of facilities including repair, rehabilitation, revitaliza-
tion and modification of facilities, construction of new fa-
cilities and additions to existing facilities, facility planning 
and design, and restoration, and acquisition or condemna-
tion of real property, as authorized by law; environmental 
compliance and restoration; program management; per-
sonnel and related costs, including uniforms or allowances 
therefor, as authorized by 5 U.S.C. 5901–5902; travel ex-
penses; purchase and hire of passenger motor vehicles; and 
purchase, lease, charter, maintenance and operation of 
mission and administrative aircraft, $5,764,710,000, to 
remain available until September 30, 2010: Provided, 
That of the amounts provided under this heading, 
$2,981,724,000 shall be for Space Shuttle operations, pro-
duction, 
research, 
development, 
and 
support, 
$2,060,162,000 shall be for International Space Station 
operations, production, research, development, and sup-
port, and $722,824,000 shall be for Space and Flight sup-
port. 
EDUCATION 
For necessary expenses, not otherwise provided for, 
in carrying out aerospace and aeronautical education re-
search and development activities, including research, de-
velopment, operations, support, and services; program
153 
management; personnel and related costs, uniforms or al-
lowances therefor, as authorized by 5 U.S.C. 5901–5902; 
travel expenses; purchase and hire of passenger motor ve-
hicles; and purchase, lease, charter, maintenance, and op-
eration 
of 
mission 
and 
administrative 
aircraft, 
$169,200,000, to remain available until September 30, 
2010. 
CROSS AGENCY SUPPORT 
For necessary expenses, not otherwise provided for, 
in the conduct and support of science, aeronautics, explo-
ration, space operations and education research and devel-
opment activities, including research, development, oper-
ations, support, and services; maintenance; construction of 
facilities including repair, rehabilitation, revitalization, 
and modification of facilities, construction of new facilities 
and additions to existing facilities, facility planning and 
design, and restoration, and acquisition or condemnation 
of real property, as authorized by law; environmental com-
pliance and restoration; space flight, spacecraft control, 
and communications activities; program management; per-
sonnel and related costs, including uniforms or allowances 
therefor, as authorized by 5 U.S.C. 5901–5902; travel ex-
penses; purchase and hire of passenger motor vehicles; not 
to exceed $70,000 for official reception and representation 
expenses; and purchase, lease, charter, maintenance, and 
operation 
of 
mission 
and 
administrative 
aircraft,
154 
$3,306,387,000, to remain available until September 30, 
2010: Provided, That $2,024,000,000, together with not 
more than $9,000,000 to be derived from receipts pursu-
ant to 42 U.S.C. 2459j, shall be available for center man-
agement and operations: Provided further, That notwith-
standing 42 U.S.C. 2459j, proceeds from enhanced use 
leases that may be made available for obligation for fiscal 
year 2009 shall not exceed $9,000,000: Provided further, 
That each annual budget request shall include an annual 
estimate of gross receipts and collections and proposed use 
of all funds collected pursuant to 42 U.S.C. 2459j: Pro-
vided further, That not less than $45,000,000 shall be 
available for independent verification and validation activi-
ties, of which $5,000,000 shall be available to develop core 
verification and validation competencies with small busi-
nesses, and $40,000,000 shall be available for operations 
of the independent verification and validation facility: Pro-
vided further, That within the amounts appropriated 
$67,500,000 shall be used for the projects, and in the 
amounts, specified in the explanatory statement described 
in section 4 (in the matter preceding division A of this 
consolidated Act). 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector 
General in carrying out the Inspector General Act of 1978,
155 
$33,600,000, to remain available until September 30, 
2010. 
ADMINISTRATIVE PROVISIONS 
Notwithstanding the limitation on the duration of 
availability of funds appropriated to the National Aero-
nautics and Space Administration for any account in this 
Act, except for ‘‘Office of Inspector General’’, when any 
activity has been initiated by the incurrence of obligations 
for construction of facilities or environmental compliance 
and restoration activities as authorized by law, such 
amount available for such activity shall remain available 
until expended. This provision does not apply to the 
amounts appropriated for institutional minor revitaliza-
tion and minor construction of facilities, and institutional 
facility planning and design. 
Notwithstanding the limitation on the availability of 
funds appropriated to the National Aeronautics and Space 
Administration for any account in this Act, except for ‘‘Of-
fice of Inspector General’’, the amounts appropriated for 
construction of facilities shall remain available until Sep-
tember 30, 2011. 
Funds for announced prizes otherwise authorized 
shall remain available, without fiscal year limitation, until 
the prize is claimed or the offer is withdrawn. 
Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the National Aero-
156 
nautics and Space Administration in this Act may be 
transferred between such appropriations, but no such ap-
propriation, except as otherwise specifically provided, shall 
be increased by more than 10 percent by any such trans-
fers. Any transfer pursuant to this provision shall be treat-
ed as a reprogramming of funds under section 505 of this 
Act and shall not be available for obligation except in com-
pliance with the procedures set forth in that section. 
Notwithstanding any other provision of law, no funds 
shall be used to implement any Reduction in Force or 
other involuntary separations (except for cause) by the 
National Aeronautics and Space Administration prior to 
September 30, 2009. 
The unexpired balances of the Science, Aeronautics, 
and Exploration account, for activities for which funds are 
provided under this Act, may be transferred to the new 
accounts established in this Act that provide such activity. 
Balances so transferred shall be merged with the funds 
in the newly established accounts, but shall be available 
under the same terms, conditions and period of time as 
previously appropriated. 
For the closeout of all Space Shuttle contracts and 
associated programs, amounts that have expired but have 
not been cancelled in the Human Space Flight, Space 
Flight Capabilities, and Exploration Capabilities appro-
157 
priations accounts shall remain available through fiscal 
year 2015 for the liquidation of valid obligations incurred 
during the period of fiscal year 2001 through fiscal year 
2009. 
Funding designations and minimum funding require-
ments contained in any other Act shall not be applicable 
to funds appropriated by this title for the National Aero-
nautics and Space Administration. 
The Administrator of NASA shall, not later than 
February 2, 2009, submit to the appropriate committees 
of Congress a report that delineates by fiscal year, mission 
directorate and object class the full costs necessary for 
Space Shuttle retirement and transition activities for fis-
cal years 2006 through 2015 that includes, but is not lim-
ited to, the following: 
(1) the costs for environmental compliance and 
remediation; 
(2) the gross and net proceeds from exchange 
sales of excess Space Shuttle equipment; 
(3) the costs to maintain required facilities at 
Kennedy Space Center during the gap in human 
space flight; 
(4) the costs associated with preservation of 
historic properties; 
(5) the costs of workforce transition; and
158 
(6) other costs related to Space Shuttle retire-
ment and transition. 
NATIONAL SCIENCE FOUNDATION 
RESEARCH AND RELATED ACTIVITIES 
For necessary expenses in carrying out the National 
Science Foundation Act of 1950, as amended (42 U.S.C. 
1861–1875), and the Act to establish a National Medal 
of Science (42 U.S.C. 1880–1881); services as authorized 
by 5 U.S.C. 3109; maintenance and operation of aircraft 
and purchase of flight services for research support; acqui-
sition of aircraft; and authorized travel; $5,183,100,000, 
to remain available until September 30, 2010, of which 
not to exceed $540,000,000 shall remain available until 
expended for polar research and operations support, and 
for reimbursement to other Federal agencies for oper-
ational and science support and logistical and other re-
lated activities for the United States Antarctic program: 
Provided, That from funds specified in the fiscal year 
2009 budget request for icebreaking services, up to 
$54,000,000 shall be available for the procurement of 
polar icebreaking services: Provided further, That the Na-
tional Science Foundation shall only reimburse the Coast 
Guard for such sums as are agreed to according to the 
existing memorandum of agreement: Provided further, 
That receipts for scientific support services and materials
159 
furnished by the National Research Centers and other Na-
tional Science Foundation supported research facilities 
may be credited to this appropriation: Provided further, 
That not less than $133,000,000 shall be available for ac-
tivities authorized by section 7002(b)(2)(A)(iv) of Public 
Law 110–69. 
MAJOR RESEARCH EQUIPMENT AND FACILITIES 
CONSTRUCTION 
For necessary expenses for the acquisition, construc-
tion, commissioning, and upgrading of major research 
equipment, facilities, and other such capital assets pursu-
ant to the National Science Foundation Act of 1950, as 
amended (42 U.S.C. 1861–1875), including authorized 
travel, $152,010,000, to remain available until expended. 
EDUCATION AND HUMAN RESOURCES 
For necessary expenses in carrying out science and 
engineering education and human resources programs and 
activities pursuant to the National Science Foundation 
Act of 1950, as amended (42 U.S.C. 1861–1875), includ-
ing services as authorized by 5 U.S.C. 3109, authorized 
travel, and rental of conference rooms in the District of 
Columbia, $845,260,000, to remain available until Sep-
tember 30, 2010: Provided further, That not less than 
$55,000,000 shall be available until expended for activities 
authorized by section 7030 of Public Law 110–69.
160 
AGENCY OPERATIONS AND AWARD MANAGEMENT 
For agency operations and award management nec-
essary in carrying out the National Science Foundation 
Act of 1950, as amended (42 U.S.C. 1861–1875); services 
authorized by 5 U.S.C. 3109; hire of passenger motor ve-
hicles; not to exceed $9,000 for official reception and rep-
resentation expenses; uniforms or allowances therefor, as 
authorized by 5 U.S.C. 5901–5902; rental of conference 
rooms in the District of Columbia; and reimbursement of 
the Department of Homeland Security for security guard 
services; $294,000,000: Provided, That contracts may be 
entered into under this heading in fiscal year 2009 for 
maintenance and operation of facilities, and for other serv-
ices, to be provided during the next fiscal year. 
OFFICE OF THE NATIONAL SCIENCE BOARD 
For necessary expenses (including payment of sala-
ries, authorized travel, hire of passenger motor vehicles, 
the rental of conference rooms in the District of Columbia, 
and the employment of experts and consultants under sec-
tion 3109 of title 5, United States Code) involved in car-
rying out section 4 of the National Science Foundation 
Act of 1950, as amended (42 U.S.C. 1863) and Public 
Law 86–209 (42 U.S.C. 1880 et seq.), $4,030,000: Pro-
vided, That not to exceed $2,500 shall be available for offi-
cial reception and representation expenses.
161 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector 
General as authorized by the Inspector General Act of 
1978, as amended, $12,000,000. 
This title may be cited as the ‘‘Science Appropria-
tions Act, 2009’’. 
TITLE IV 
RELATED AGENCIES 
COMMISSION ON CIVIL RIGHTS 
SALARIES AND EXPENSES 
For necessary expenses of the Commission on Civil 
Rights, including hire of passenger motor vehicles, 
$8,800,000: Provided, That none of the funds appro-
priated in this paragraph shall be used to employ in excess 
of four full-time individuals under Schedule C of the Ex-
cepted Service exclusive of one special assistant for each 
Commissioner: Provided further, That none of the funds 
appropriated in this paragraph shall be used to reimburse 
Commissioners for more than 75 billable days, with the 
exception of the chairperson, who is permitted 125 billable 
days. 
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Equal Employment 
Opportunity Commission as authorized by title VII of the
162 
Civil Rights Act of 1964, the Age Discrimination in Em-
ployment Act of 1967, the Equal Pay Act of 1963, the 
Americans with Disabilities Act of 1990, and the Civil 
Rights Act of 1991, including services as authorized by 
5 U.S.C. 3109; hire of passenger motor vehicles as author-
ized by 31 U.S.C. 1343(b); nonmonetary awards to private 
citizens; and not to exceed $26,000,000 for payments to 
State and local enforcement agencies for authorized serv-
ices to the Commission, $343,925,000: Provided, That the 
Commission is authorized to make available for official re-
ception and representation expenses not to exceed $2,500 
from available funds: Provided further, That the Commis-
sion may take no action to implement any workforce repo-
sitioning, restructuring, or reorganization until such time 
as the House and Senate Committees on Appropriations 
have been notified of such proposals, in accordance with 
the reprogramming requirements of section 505 of this 
Act: Provided further, That the Chair is authorized to ac-
cept and use any gift or donation to carry out the work 
of the Commission. 
INTERNATIONAL TRADE COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the International Trade 
Commission, including hire of passenger motor vehicles, 
and services as authorized by 5 U.S.C. 3109, and not to
163 
exceed $2,500 for official reception and representation ex-
penses, $75,100,000, to remain available until expended. 
LEGAL SERVICES CORPORATION 
PAYMENT TO THE LEGAL SERVICES CORPORATION 
For payment to the Legal Services Corporation to 
carry out the purposes of the Legal Services Corporation 
Act of 1974, $390,000,000, of which $365,800,000 is for 
basic field programs and required independent audits; 
$4,200,000 is for the Office of Inspector General, of which 
such amounts as may be necessary may be used to conduct 
additional audits of recipients; $16,000,000 is for manage-
ment and administration; $3,000,000 is for client self-help 
and information technology; and $1,000,000 is for loan 
repayment assistance: Provided, That the Legal Services 
Corporation may continue to provide locality pay to offi-
cers and employees at a rate no greater than that provided 
by the Federal Government to Washington, DC-based em-
ployees as authorized by 5 U.S.C. 5304, notwithstanding 
section 1005(d) of the Legal Services Corporation Act, 42 
U.S.C. 2996(d). 
ADMINISTRATIVE PROVISION—LEGAL SERVICES 
CORPORATION 
None of the funds appropriated in this Act to the 
Legal Services Corporation shall be expended for any pur-
pose prohibited or limited by, or contrary to any of the
164 
provisions of, sections 501, 502, 503, 504, 505, and 506 
of Public Law 105–119, and all funds appropriated in this 
Act to the Legal Services Corporation shall be subject to 
the same terms and conditions set forth in such sections, 
except that all references in sections 502 and 503 to 1997 
and 1998 shall be deemed to refer instead to 2008 and 
2009, respectively. 
MARINE MAMMAL COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Marine Mammal Com-
mission as authorized by title II of Public Law 92–522, 
$3,200,000. 
OFFICE OF THE UNITED STATES TRADE 
REPRESENTATIVE 
SALARIES AND EXPENSES 
For necessary expenses of the Office of the United 
States Trade Representative, including the hire of pas-
senger motor vehicles and the employment of experts and 
consultants as authorized by 5 U.S.C. 3109, $47,272,000, 
of which $1,000,000 shall remain available until expended: 
Provided, That not to exceed $124,000 shall be available 
for official reception and representation expenses: Pro-
vided further, That negotiations shall be conducted within 
the World Trade Organization to recognize the right of 
members to distribute monies collected from antidumping
165 
and countervailing duties: Provided further, That negotia-
tions shall be conducted within the World Trade Organiza-
tion consistent with the negotiating objectives contained 
in the Trade Act of 2002, Public Law 107–210. 
STATE JUSTICE INSTITUTE 
SALARIES AND EXPENSES 
For necessary expenses of the State Justice Institute, 
as authorized by the State Justice Institute Authorization 
Act of 1984 (42 U.S.C. 10701 et. seq.) $4,100,000, of 
which $250,000 shall remain available until September 30, 
2010: Provided, That not to exceed $2,500 shall be avail-
able for official reception and representation expenses. 
TITLE V 
GENERAL PROVISIONS 
SEC. 501. No part of any appropriation contained in 
this Act shall be used for publicity or propaganda purposes 
not authorized by the Congress. 
SEC. 502. No part of any appropriation contained in 
this Act shall remain available for obligation beyond the 
current fiscal year unless expressly so provided herein. 
SEC. 503. The expenditure of any appropriation 
under this Act for any consulting service through procure-
ment contract, pursuant to 5 U.S.C. 3109, shall be limited 
to those contracts where such expenditures are a matter 
of public record and available for public inspection, except
166 
where otherwise provided under existing law, or under ex-
isting Executive order issued pursuant to existing law. 
SEC. 504. If any provision of this Act or the applica-
tion of such provision to any person or circumstances shall 
be held invalid, the remainder of the Act and the applica-
tion of each provision to persons or circumstances other 
than those as to which it is held invalid shall not be af-
fected thereby. 
SEC. 505. (a) None of the funds provided under this 
Act, or provided under previous appropriations Acts to the 
agencies funded by this Act that remain available for obli-
gation or expenditure in fiscal year 2009, or provided from 
any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded 
by this Act, shall be available for obligation or expenditure 
through the reprogramming of funds that: 
(1) creates or initiates a new program, project or ac-
tivity; 
(2) eliminates a program, project or activity, unless 
the House and Senate Committees on Appropriations are 
notified 15 days in advance of such reprogramming of 
funds; 
(3) increases funds or personnel by any means for 
any project or activity for which funds have been denied 
or restricted by this Act, unless the House and Senate
167 
Committees on Appropriations are notified 15 days in ad-
vance of such reprogramming of funds; 
(4) relocates an office or employees, unless the House 
and Senate Committees on Appropriations are notified 15 
days in advance of such reprogramming of funds; 
(5) reorganizes or renames offices, programs or ac-
tivities, unless the House and Senate Committees on Ap-
propriations are notified 15 days in advance of such re-
programming of funds; 
(6) contracts out or privatizes any functions or activi-
ties presently performed by Federal employees, unless the 
House and Senate Committees on Appropriations are noti-
fied 15 days in advance of such reprogramming of funds; 
(7) proposes to use funds directed for a specific activ-
ity by either the House or Senate Committee on Appro-
priations for a different purpose, unless the House and 
Senate Committees on Appropriations are notified 15 days 
in advance of such reprogramming of funds; 
(8) augments funds for existing programs, projects 
or activities in excess of $500,000 or 10 percent, which-
ever is less, or reduces by 10 percent funding for any pro-
gram, project or activity, or numbers of personnel by 10 
percent as approved by Congress, unless the House and 
Senate Committees on Appropriations are notified 15 days 
in advance of such reprogramming of funds; or
168 
(9) results from any general savings, including sav-
ings from a reduction in personnel, which would result in 
a change in existing programs, projects or activities as ap-
proved by Congress, unless the House and Senate Com-
mittees on Appropriations are notified 15 days in advance 
of such reprogramming of funds. 
(b) None of the funds in provided under this Act, or 
provided under previous appropriations Acts to the agen-
cies funded by this Act that remain available for obligation 
or expenditure in fiscal year 2009, or provided from any 
accounts in the Treasury of the United States derived by 
the collection of fees available to the agencies funded by 
this Act, shall be available for obligation or expenditure 
through the reprogramming of funds after August 1, ex-
cept in extraordinary circumstances, and only after the 
House and Senate Committees on Appropriations are noti-
fied 30 days in advance of such reprogramming of funds. 
SEC. 506. Hereafter, none of the funds made avail-
able in this or any other Act may be used to implement, 
administer, or enforce any guidelines of the Equal Em-
ployment Opportunity Commission covering harassment 
based on religion, when it is made known to the Federal 
entity or official to which such funds are made available 
that such guidelines do not differ in any respect from the
169 
proposed guidelines published by the Commission on Octo-
ber 1, 1993 (58 Fed. Reg. 51266). 
SEC. 507. If it has been finally determined by a court 
or Federal agency that any person intentionally affixed a 
label bearing a ‘‘Made in America’’ inscription, or any in-
scription with the same meaning, to any product sold in 
or shipped to the United States that is not made in the 
United States, the person shall be ineligible to receive any 
contract or subcontract made with funds made available 
in this Act, pursuant to the debarment, suspension, and 
ineligibility procedures described in sections 9.400 through 
9.409 of title 48, Code of Federal Regulations. 
SEC. 508. The Departments of Commerce and Jus-
tice, the National Science Foundation, and the National 
Aeronautics and Space Administration, shall provide to 
the House and Senate Committees on Appropriations a 
quarterly accounting of the cumulative balances of any un-
obligated funds that were received by such agency during 
any previous fiscal year. 
SEC. 509. Any costs incurred by a department or 
agency funded under this Act resulting from, or to pre-
vent, personnel actions taken in response to funding re-
ductions included in this Act shall be absorbed within the 
total budgetary resources available to such department or 
agency: Provided, That the authority to transfer funds be-
170 
tween appropriations accounts as may be necessary to 
carry out this section is provided in addition to authorities 
included elsewhere in this Act: Provided further, That use 
of funds to carry out this section shall be treated as a 
reprogramming of funds under section 505 of this Act and 
shall not be available for obligation or expenditure except 
in compliance with the procedures set forth in that section. 
SEC. 510. None of the funds provided by this Act 
shall be available to promote the sale or export of tobacco 
or tobacco products, or to seek the reduction or removal 
by any foreign country of restrictions on the marketing 
of tobacco or tobacco products, except for restrictions 
which are not applied equally to all tobacco or tobacco 
products of the same type. 
SEC. 511. None of the funds appropriated pursuant 
to this Act or any other provision of law may be used for— 
(1) the implementation of any tax or fee in con-
nection with the implementation of subsection 922(t) 
of title 18, United States Code; and 
(2) any system to implement subsection 922(t) 
of title 18, United States Code, that does not re-
quire and result in the destruction of any identifying 
information submitted by or on behalf of any person 
who has been determined not to be prohibited from 
possessing or receiving a firearm no more than 24
171 
hours after the system advises a Federal firearms li-
censee that possession or receipt of a firearm by the 
prospective transferee would not violate subsection 
(g) or (n) of section 922 of title 18, United States 
Code, or State law. 
SEC. 512. Notwithstanding any other provision of 
law, amounts deposited or available in the Fund estab-
lished under 42 U.S.C. 10601 in any fiscal year in excess 
of $635,000,000 shall not be available for obligation until 
the following fiscal year. 
SEC. 513. None of the funds made available to the 
Department of Justice in this Act may be used to discrimi-
nate against or denigrate the religious or moral beliefs of 
students who participate in programs for which financial 
assistance is provided from those funds, or of the parents 
or legal guardians of such students. 
SEC. 514. None of the funds made available in this 
Act may be transferred to any department, agency, or in-
strumentality of the United States Government, except 
pursuant to a transfer made by, or transfer authority pro-
vided in, this Act or any other appropriations Act. 
SEC. 515. Any funds provided in this Act used to im-
plement E-Government Initiatives shall be subject to the 
procedures set forth in section 505 of this Act.
172 
SEC. 516. (a) Tracing studies conducted by the Bu-
reau of Alcohol, Tobacco, Firearms and Explosives are re-
leased without adequate disclaimers regarding the limita-
tions of the data. 
(b) The Bureau of Alcohol, Tobacco, Firearms and 
Explosives shall include in all such data releases, language 
similar to the following that would make clear that trace 
data cannot be used to draw broad conclusions about fire-
arms-related crime: 
(1) Firearm traces are designed to assist law 
enforcement authorities in conducting investigations 
by tracking the sale and possession of specific fire-
arms. Law enforcement agencies may request fire-
arms traces for any reason, and those reasons are 
not necessarily reported to the Federal Government. 
Not all firearms used in crime are traced and not all 
firearms traced are used in crime. 
(2) Firearms selected for tracing are not chosen 
for purposes of determining which types, makes, or 
models of firearms are used for illicit purposes. The 
firearms selected do not constitute a random sample 
and should not be considered representative of the 
larger universe of all firearms used by criminals, or 
any subset of that universe. Firearms are normally 
traced to the first retail seller, and sources reported
173 
for firearms traced do not necessarily represent the 
sources or methods by which firearms in general are 
acquired for use in crime. 
SEC. 517. (a) The Inspectors General of the Depart-
ment of Commerce, the Department of Justice, the Na-
tional Aeronautics and Space Administration, the Na-
tional Science Foundation, and the Legal Services Cor-
poration shall conduct audits, pursuant to the Inspector 
General Act (5 U.S.C. App.), of grants or contracts for 
which funds are appropriated by this Act, and shall submit 
reports to Congress on the progress of such audits, which 
may include preliminary findings and a description of 
areas of particular interest, within 180 days after initi-
ating such an audit and every 180 days thereafter until 
any such audit is completed. 
(b) Within 60 days after the date on which an audit 
described in subsection (a) by an Inspector General is 
completed, the Secretary, Attorney General, Adminis-
trator, Director, or President, as appropriate, shall make 
the results of the audit available to the public on the Inter-
net website maintained by the Department, Administra-
tion, Foundation, or Corporation, respectively. The results 
shall be made available in redacted form to exclude— 
(1) any matter described in section 552(b) of 
title 5, United States Code; and
174 
(2) sensitive personal information for any indi-
vidual, the public access to which could be used to 
commit identity theft or for other inappropriate or 
unlawful purposes. 
(c) A grant or contract funded by amounts appro-
priated by this Act may not be used for the purpose of 
defraying the costs of a banquet or conference that is not 
directly and programmatically related to the purpose for 
which the grant or contract was awarded, such as a ban-
quet or conference held in connection with planning, train-
ing, assessment, review, or other routine purposes related 
to a project funded by the grant or contract. 
(d) Any person awarded a grant or contract funded 
by amounts appropriated by this Act shall submit a state-
ment to the Secretary of Commerce, the Attorney General, 
the Administrator, Director, or President, as appropriate, 
certifying that no funds derived from the grant or contract 
will be made available through a subcontract or in any 
other manner to another person who has a financial inter-
est in the person awarded the grant or contract. 
(e) The provisions of the preceding subsections of this 
section shall take effect 30 days after the date on which 
the Director of the Office of Management and Budget, in 
consultation with the Director of the Office of Government 
Ethics, determines that a uniform set of rules and require-
175 
ments, substantially similar to the requirements in such 
subsections, consistently apply under the executive branch 
ethics program to all Federal departments, agencies, and 
entities. 
SEC. 518. None of the funds appropriated or other-
wise made available under this Act may be used to issue 
patents on claims directed to or encompassing a human 
organism. 
SEC. 519. None of the funds made available in this 
Act shall be used in any way whatsoever to support or 
justify the use of torture by any official or contract em-
ployee of the United States Government. 
SEC. 520. (a) Notwithstanding any other provision 
of law or treaty, none of the funds appropriated or other-
wise made available under this Act or any other Act may 
be expended or obligated by a department, agency, or in-
strumentality of the United States to pay administrative 
expenses or to compensate an officer or employee of the 
United States in connection with requiring an export li-
cense for the export to Canada of components, parts, ac-
cessories or attachments for firearms listed in Category 
I, section 121.1 of title 22, Code of Federal Regulations 
(International Trafficking in Arms Regulations (ITAR), 
part 121, as it existed on April 1, 2005) with a total value 
not exceeding $500 wholesale in any transaction, provided
176 
that the conditions of subsection (b) of this section are 
met by the exporting party for such articles. 
(b) The foregoing exemption from obtaining an ex-
port license— 
(1) does not exempt an exporter from filing any 
Shipper’s Export Declaration or notification letter 
required by law, or from being otherwise eligible 
under the laws of the United States to possess, ship, 
transport, or export the articles enumerated in sub-
section (a); and 
(2) does not permit the export without a license 
of— 
(A) fully automatic firearms and compo-
nents and parts for such firearms, other than 
for end use by the Federal Government, or a 
Provincial or Municipal Government of Canada; 
(B) barrels, cylinders, receivers (frames) or 
complete breech mechanisms for any firearm 
listed in Category I, other than for end use by 
the Federal Government, or a Provincial or Mu-
nicipal Government of Canada; or 
(C) articles for export from Canada to an-
other foreign destination. 
(c) In accordance with this section, the District Di-
rectors of Customs and postmasters shall permit the per-
177 
manent or temporary export without a license of any un-
classified articles specified in subsection (a) to Canada for 
end use in Canada or return to the United States, or tem-
porary import of Canadian-origin items from Canada for 
end use in the United States or return to Canada for a 
Canadian citizen. 
(d) The President may require export licenses under 
this section on a temporary basis if the President deter-
mines, upon publication first in the Federal Register, that 
the Government of Canada has implemented or main-
tained inadequate import controls for the articles specified 
in subsection (a), such that a significant diversion of such 
articles has and continues to take place for use in inter-
national terrorism or in the escalation of a conflict in an-
other nation. The President shall terminate the require-
ments of a license when reasons for the temporary require-
ments have ceased. 
SEC. 521. Notwithstanding any other provision of 
law, no department, agency, or instrumentality of the 
United States receiving appropriated funds under this Act 
or any other Act shall obligate or expend in any way such 
funds to pay administrative expenses or the compensation 
of any officer or employee of the United States to deny 
any application submitted pursuant to 22 U.S.C. 
2778(b)(1)(B) and qualified pursuant to 27 CFR section
178 
478.112 or .113, for a permit to import United States ori-
gin ‘‘curios or relics’’ firearms, parts, or ammunition. 
SEC. 522. None of the funds made available in this 
Act may be used to include in any new bilateral or multi-
lateral trade agreement the text of— 
(1) paragraph 2 of article 16.7 of the United 
States-Singapore Free Trade Agreement; 
(2) paragraph 4 of article 17.9 of the United 
States-Australia Free Trade Agreement; or 
(3) paragraph 4 of article 15.9 of the United 
States-Morocco Free Trade Agreement. 
SEC. 523. None of the funds made available in this 
Act may be used to authorize or issue a national security 
letter in contravention of any of the following laws author-
izing the Federal Bureau of Investigation to issue national 
security letters: The Right to Financial Privacy Act; The 
Electronic Communications Privacy Act; The Fair Credit 
Reporting Act; The National Security Act of 1947; USA 
PATRIOT Act; and the laws amended by these Acts. 
SEC. 524. If at any time during any quarter, the pro-
gram manager of a project within the jurisdiction of the 
Departments of Commerce or Justice, the National Aero-
nautics and Space Administration, or the National Science 
Foundation totaling more than $75,000,000 has reason-
able cause to believe that the total program cost has in-
179 
creased by 10 percent, the program manager shall imme-
diately inform the Secretary, Administrator, or Director. 
The Secretary, Administrator, or Director shall notify the 
House and Senate Committees on Appropriations within 
30 days in writing of such increase, and shall include in 
such notice: the date on which such determination was 
made; a statement of the reasons for such increases; the 
action taken and proposed to be taken to control future 
cost growth of the project; changes made in the perform-
ance or schedule milestones and the degree to which such 
changes have contributed to the increase in total program 
costs or procurement costs; new estimates of the total 
project or procurement costs; and a statement validating 
that the project’s management structure is adequate to 
control total project or procurement costs. 
SEC. 525. Funds appropriated by this Act, or made 
available by the transfer of funds in this Act, for intel-
ligence or intelligence related activities are deemed to be 
specifically authorized by the Congress for purposes of sec-
tion 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2009 until the enactment of the 
Intelligence Authorization Act for fiscal year 2009. 
SEC. 526. The Departments, agencies, and commis-
sions funded under this Act, shall establish and maintain 
on the homepages of their Internet websites—
180 
(1) a direct link to the Internet websites of 
their Offices of Inspectors General; and 
(2) a mechanism on the Offices of Inspectors 
General website by which individuals may anony-
mously report cases of waste, fraud, or abuse with 
respect to those Departments, agencies, and commis-
sions. 
SEC. 527. None of the funds appropriated or other-
wise made available by this Act may be used to enter into 
a contract in an amount greater than $5,000,000 or to 
award a grant in excess of such amount unless the pro-
spective contractor or grantee certifies in writing to the 
agency awarding the contract or grant that, to the best 
of its knowledge and belief, the contractor or grantee has 
filed all Federal tax returns required during the three 
years preceding the certification, has not been convicted 
of a criminal offense under the Internal Revenue Code of 
1986, and has not, more than 90 days prior to certifi-
cation, been notified of any unpaid Federal tax assessment 
for which the liability remains unsatisfied, unless the as-
sessment is the subject of an installment agreement or 
offer in compromise that has been approved by the Inter-
nal Revenue Service and is not in default, or the assess-
ment is the subject of a non-frivolous administrative or 
judicial proceeding.
181 
SEC. 528. None of the funds appropriated or other-
wise made available in this Act may be used in a manner 
that is inconsistent with the principal negotiating objective 
of the United States with respect to trade remedy laws 
to preserve the ability of the United States— 
(1) to enforce vigorously its trade laws, includ-
ing antidumping, countervailing duty, and safeguard 
laws; 
(2) to avoid agreements that— 
(A) lessen the effectiveness of domestic 
and international disciplines on unfair trade, es-
pecially dumping and subsidies; or 
(B) lessen the effectiveness of domestic 
and international safeguard provisions, in order 
to ensure that United States workers, agricul-
tural producers, and firms can compete fully on 
fair terms and enjoy the benefits of reciprocal 
trade concessions; and 
(3) to address and remedy market distortions 
that lead to dumping and subsidization, including 
overcapacity, cartelization, and market-access bar-
riers. 
(RESCISSIONS) 
SEC. 529. (a) Of the unobligated balances available 
to the Department of Commerce from prior appropria-
182 
tions, the following funds are hereby rescinded from the 
following accounts and programs in the specified amounts: 
(1) ‘‘Economic Development Administration, 
Economic 
Development 
Assistance 
Programs’’, 
$15,000,000; 
(2) ‘‘National Institute of Standards and Tech-
nology, Industrial Technology Services’’, $5,000,000; 
(3) ‘‘National Telecommunications and Infor-
mation Administration, Salaries and Expenses’’, 
$3,000,000; 
(4) ‘‘National Telecommunications and Infor-
mation Administration, Public Telecommunications, 
Facilities, Planning and Construction’’, $1,600,000; 
and 
(5) ‘‘Bureau of the Census, Periodic Censuses 
and Programs’’, $1,000,000. 
(b) Of the unobligated balances available to the De-
partment of Justice from prior appropriations, the fol-
lowing funds are hereby rescinded, not later than Sep-
tember 30, 2009, from the following accounts in the speci-
fied amounts: 
(1) ‘‘General Administration, Working Capital 
Fund’’, $100,000,000; 
(2) ‘‘Legal Activities, Assets Forfeiture Fund’’, 
$285,000,000;
183 
(3) 
‘‘Office 
of 
Justice 
Programs’’, 
$100,000,000; and 
(4) ‘‘Community Oriented Policing Services’’, 
$100,000,000. 
(c) Each department affected by the recissions con-
tained in subsections (a) and (b) shall, within 30 days of 
enactment of this Act, submit to the Committee on Appro-
priations of the House of Representatives and the Senate 
a report specifying the amount of each rescission made 
pursuant to this section. 
(d) The recissions contained in this section shall not 
apply to funds provided in this Act. 
SEC. 530. None of the funds made available in this 
Act may be used to purchase first class or premium airline 
travel in contravention of sections 301–10.122 through 
301–10.124 of title 41 of the Code of Federal Regulations. 
SEC. 531. None of the funds made available in this 
Act may be used to send or otherwise pay for the attend-
ance of more than 50 employees from a Federal depart-
ment or agency at any single conference occurring outside 
the United States. 
This division may be cited as the ‘‘Commerce, Jus-
tice, Science, and Related Agencies Appropriations Act, 
2009’’.
184 
DIVISION C—ENERGY AND WATER DEVELOP-
MENT AND RELATED AGENCIES APPRO-
PRIATIONS ACT, 2009 
TITLE I 
DEPARTMENT OF DEFENSE—CIVIL 
DEPARTMENT OF THE ARMY 
CORPS OF ENGINEERS—CIVIL 
The following appropriations shall be expended under 
the direction of the Secretary of the Army and the super-
vision of the Chief of Engineers for authorized civil func-
tions of the Department of the Army pertaining to rivers 
and harbors, flood and storm damage reduction, shore 
protection, aquatic ecosystem restoration, and related ef-
forts. 
INVESTIGATIONS 
For expenses necessary where authorized by law for 
the collection and study of basic information pertaining 
to river and harbor, flood and storm damage reduction, 
shore protection, aquatic ecosystem restoration, and re-
lated needs; for surveys and detailed studies, and plans 
and specifications of proposed river and harbor, flood and 
storm damage reduction, shore protection, and aquatic 
ecosystem restoration projects and related efforts prior to 
construction; for restudy of authorized projects; and for 
miscellaneous investigations and, when authorized by law, 
surveys and detailed studies, and plans and specifications
185 
of projects prior to construction, $168,100,000, to remain 
available until expended: Provided, That, except as pro-
vided in section 101 of this Act, the amounts made avail-
able under this paragraph shall be expended as authorized 
in law for the projects and activities specified in the text 
and table under this heading in the explanatory statement 
described in section 4 (in the matter preceding division 
A of this consolidated Act). 
CONSTRUCTION 
For expenses necessary for the construction of river 
and harbor, flood and storm damage reduction, shore pro-
tection, aquatic ecosystem restoration, and related 
projects authorized by law; for conducting detailed studies, 
and plans and specifications, of such projects (including 
those involving participation by States, local governments, 
or private groups) authorized or made eligible for selection 
by law (but such detailed studies, and plans and specifica-
tions, shall not constitute a commitment of the Govern-
ment to construction); $2,141,677,000, to remain avail-
able until expended; of which such sums as are necessary 
to cover the Federal share of construction costs for facili-
ties under the Dredged Material Disposal Facilities pro-
gram shall be derived from the Harbor Maintenance Trust 
Fund as authorized by Public Law 104–303; and of which 
such sums as are necessary pursuant to Public Law 99– 
662 shall be derived from the Inland Waterways Trust
186 
Fund, to cover one-half of the costs of construction, re-
placement, rehabilitation, and expansion of inland water-
ways projects (including only Chickamauga Lock, Ten-
nessee; Kentucky Lock and Dam, Tennessee River, Ken-
tucky; Lock and Dams 2, 3, and 4 Monongahela River, 
Pennsylvania; Marmet Lock and Dam, West Virginia; 
McAlpine Lock and Dam, Kentucky and Indiana; Olmsted 
Lock and Dam, Illinois and Kentucky; Gray’s Landing 
Lock and Dam, Pennsylvania; R.C. Byrd Lock and Dam, 
Ohio and West Virginia; and Point Marion Lock and 
Dam, Pennsylvania) shall be derived from the Inland Wa-
terways Trust Fund: Provided, That the Chief of Engi-
neers is directed to use $13,000,000 of the funds appro-
priated herein for the Dallas Floodway Extension, Texas, 
project, including the Cadillac Heights feature, generally 
in accordance with the Chief of Engineers report dated 
December 7, 1999: Provided further, That the Chief of 
Engineers is directed to use $8,000,000 of the funds ap-
propriated herein for planning, engineering, design or con-
struction of the Grundy, Buchanan County, and 
Dickenson County, Virginia, elements of the Levisa and 
Tug Forks of the Big Sandy River and Upper Cumberland 
River Project: Provided further, That the Chief of Engi-
neers is directed to use $8,500,000 of the funds appro-
priated herein to continue planning, engineering, design
187 
or construction of the Lower Mingo County, Upper Mingo 
County, Wayne County, McDowell County, West Virginia, 
elements of the Levisa and Tug Forks of the Big Sandy 
River and Upper Cumberland River Project: Provided fur-
ther, That the Secretary of the Army, acting through the 
Chief of Engineers, is directed to use $9,000,000 of the 
funds appropriated herein for the Clover Fork, City of 
Cumberland, Town of Martin, Pike County (including 
Levisa Fork and Tug Fork Tributaries), Bell County, 
Harlan County in accordance with the Draft Detailed 
Project Report dated January 2002, Floyd County, Mar-
tin County, Johnson County, and Knox County, Kentucky, 
detailed project report, elements of the Levisa and Tug 
Forks of the Big Sandy River and Upper Cumberland 
River: Provided further, That the Chief of Engineers is 
directed to use $17,048,000 of the funds provided herein 
for planning and design and construction of a rural health 
care facility on the Fort Berthold Reservation of the Three 
Affiliated Tribes, North Dakota: Provided further, That, 
except as provided in section 101 of this Act, the amounts 
made available under this paragraph shall be expended as 
authorized in law for the projects and activities specified 
in the text and table under this heading in the explanatory 
statement described in section 4 (in the matter preceding 
division A of the consolidated Act).
188 
MISSISSIPPI RIVER AND TRIBUTARIES 
For expenses necessary for flood damage reduction 
projects and related efforts in the Mississippi River allu-
vial valley below Cape Girardeau, Missouri, as authorized 
by law, $383,823,000, to remain available until expended, 
of which such sums as are necessary to cover the Federal 
share of eligible operation and maintenance costs for in-
land harbors shall be derived from the Harbor Mainte-
nance Trust Fund: Provided, That the Chief of Engineers 
is directed to use $5,000,000 of the funds provided herein 
for design and real estate activities and pump supply ele-
ments for the Yazoo Basin, Yazoo Backwater Pumping 
Plant, Mississippi: Provided further, That the Secretary of 
the Army, acting through the Chief of Engineers is di-
rected to use $8,000,000 appropriated herein for construc-
tion of water withdrawal features of the Grand Prairie, 
Arkansas, project: Provided further, That, except as pro-
vided in section 101 of this Act, the amounts made avail-
able under this paragraph shall be expended as authorized 
in law for the projects and activities specified in the text 
and table under this heading in the explanatory statement 
described in section 4 (in the matter preceding division 
A of this consolidated Act). 
OPERATION AND MAINTENANCE 
For expenses necessary for the operation, mainte-
nance, and care of existing river and harbor, flood and
189 
storm damage reduction, aquatic ecosystem restoration, 
and related projects authorized by law; providing security 
for infrastructure owned or operated by the Corps, includ-
ing administrative buildings and laboratories; maintaining 
harbor channels provided by a State, municipality, or 
other public agency that serve essential navigation needs 
of general commerce, where authorized by law; surveying 
and charting northern and northwestern lakes and con-
necting waters; clearing and straightening channels; and 
removing obstructions to navigation, $2,201,900,000, to 
remain available until expended, of which such sums as 
are necessary to cover the Federal share of eligible oper-
ation and maintenance costs for coastal harbors and chan-
nels, and for inland harbors shall be derived from the Har-
bor Maintenance Trust Fund; of which such sums as be-
come available from the special account for the Corps es-
tablished by the Land and Water Conservation Act of 
1965, as amended (16 U.S.C. 460l–6a(i)), shall be derived 
from that account for resource protection, research, inter-
pretation, and maintenance activities related to resource 
protection in the areas at which outdoor recreation is 
available; and of which such sums as become available 
from fees collected under section 217 of the Water Re-
sources Development Act of 1996 (Public Law 104–303), 
shall be used to cover the cost of operation and mainte-
190 
nance of the dredged material disposal facilities for which 
such fees have been collected: Provided, That of the 
amounts provided herein, not to exceed $500,000 is pro-
vided to the Secretary of the Army to reimburse travel 
expenses as provided for in section 9003(f) of the Water 
Resources Development Act of 2007, Public Law 110–114 
(121 Stat. 1289–1290): Provided further, That 2 percent 
of the total amount of funds provided for each of the pro-
grams, projects or activities funded under this heading 
shall not be allocated to a field operating activity prior 
to the beginning of the fourth quarter of the fiscal year 
and shall be available for use by the Chief of Engineers 
to fund such emergency activities as the Chief of Engi-
neers determines to be necessary and appropriate; and 
that the Chief of Engineers shall allocate during the 
fourth quarter any remaining funds which have not been 
used for emergency activities proportionally in accordance 
with the amounts provided for the programs, projects or 
activities: Provided further, That, except as provided in 
section 101 of this Act, the amounts made available under 
this paragraph shall be expended as authorized in law for 
the projects and activities specified in the text and table 
under the heading in the explanatory statement described 
in section 4 (in the matter preceding division A of this 
consolidated Act).
191 
REGULATORY PROGRAM 
For expenses necessary for administration of laws 
pertaining to regulation of navigable waters and wetlands, 
$183,000,000, to remain available until expended: Pro-
vided, That the Secretary of the Army, acting through the 
Chief of Engineers, may use up to $3,200,000 of the funds 
appropriated herein to reimburse the Port of Arlington, 
Gillam County, Oregon, for those direct construction costs 
determined by the Secretary to have been incurred by the 
Port as a result of and following issuance of the Depart-
ment of the Army Regulatory Program permit for the con-
struction of a commercial dock and offload facility at the 
Port in February 2007, including the removal of the com-
mercial dock and offload facility. 
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM 
For expenses necessary to clean up contamination 
from sites in the United States resulting from work per-
formed as part of the Nation’s early atomic energy pro-
gram, $140,000,000, to remain available until expended. 
EXPENSES 
For expenses necessary for the supervision and gen-
eral administration of the civil works program in the head-
quarters of the United States Army Corps of Engineers, 
and the offices of the Division Engineers; and for the man-
agement and operation of the Humphreys Engineer Cen-
ter Support Activity, the Institute for Water Resources,
192 
the United States Army Engineer Research and Develop-
ment Center, and the United States Army Corps of Engi-
neers Finance Center, $179,365,000, to remain available 
until expended, of which not to exceed $5,000 may be used 
for official reception and representation purposes and only 
during the current fiscal year: Provided, That no part of 
any other appropriation provided in title I of this Act shall 
be available to fund the civil works activities of the Office 
of the Chief of Engineers or the civil works executive di-
rection and management activities of the division offices. 
OFFICE OF ASSISTANT SECRETARY OF THE ARMY (CIVIL 
WORKS) 
For the Office of Assistant Secretary of the Army 
(Civil Works) as authorized by 10 U.S.C. 3016(b)(3), 
$4,500,000, to remain available until expended. 
ADMINISTRATIVE PROVISION 
The Revolving Fund, Corps of Engineers, shall be 
available during the current fiscal year for purchase (not 
to exceed 100 for replacement only) and hire of passenger 
motor vehicles for the civil works program. 
GENERAL PROVISIONS, CORPS OF ENGINEERS—CIVIL 
SEC. 101. (a) None of the funds provided in title I 
of this Act, or provided by previous appropriations Acts 
to the agencies or entities funded in title I of this Act 
that remain available for obligation or expenditure in fiscal
193 
year 2009, shall be available for obligation or expenditure 
through a reprogramming of funds that: 
(1) creates or initiates a new program, project, 
or activity; 
(2) eliminates a program, project, or activity; 
(3) increases funds or personnel for any pro-
gram, project, or activity for which funds have been 
denied or restricted by this Act, unless prior ap-
proval is received from the House and Senate Com-
mittees on Appropriations; 
(4) proposes to use funds directed for a specific 
activity for a different purpose, unless prior approval 
is received from the House and Senate Committees 
on Appropriations; 
(5) augments or reduces existing programs, 
projects or activities in excess of the amounts con-
tained in subsections 6 through 10, unless prior ap-
proval is received from the House and Senate Com-
mittees on Appropriations; 
(6) INVESTIGATIONS.—For a base level over 
$100,000, reprogramming of 25 percent of the base 
amount up to a limit of $150,000 per project, study 
or activity is allowed: Provided, That for a base level 
less than $100,000, the reprogramming limit is 
$25,000; Provided further, That up to $25,000 may
194 
be reprogrammed into any continuing study or activ-
ity that did not receive an appropriation for existing 
obligations and concomitant administrative expenses; 
(7) CONSTRUCTION.—For a base level over 
$2,000,000, reprogramming of 15 percent of the 
base amount up to a limit of $3,000,000 per project, 
study or activity is allowed: Provided, That for a 
base level less than $2,000,000, the reprogramming 
limit is $300,000: Provided further, That up to 
$3,000,000 may be reprogrammed for settled con-
tractor claims, changed conditions, or real estate de-
ficiency judgments: Provided further, That up to 
$300,000 may be reprogrammed into any continuing 
study or activity that did not receive an appropria-
tion for existing obligations and concomitant admin-
istrative expenses; 
(8) OPERATION
AND
MAINTENANCE.—Unlim-
ited reprogramming authority is granted in order for 
the Corps to be able to respond to emergencies: Pro-
vided, That the Chief of Engineers must notify the 
House and Senate Committees on Appropriations of 
these emergency actions as soon thereafter as prac-
ticable: Provided further, That for a base level over 
$1,000,000, reprogramming of 15 percent of the 
base amount up to a limit of $5,000,000 per project,
195 
study or activity is allowed: Provided further, That 
for a base level less than $1,000,000, the re-
programming limit is $150,000: Provided further, 
That $150,000 may be reprogrammed into any con-
tinuing study or activity that did not receive an ap-
propriation; 
(9) MISSISSIPPI
RIVER
AND
TRIBUTARIES.— 
The same reprogramming guidelines for the Inves-
tigations, Construction, and Operation and Mainte-
nance portions of the Mississippi River and Tribu-
taries Account as listed above; and 
(10) FORMERLY UTILIZED SITES REMEDIAL AC-
TION PROGRAM.—Reprogramming of up to 15 per-
cent of the base of the receiving project is permitted. 
(b) CONTINUING
AUTHORITIES
PROGRAM.—Sub-
section (a)(1) shall not apply to any project or activity 
funded under the continuing authorities program. 
(c) Not later than 60 days after the date of enact-
ment of this Act, the Corps of Engineers shall submit a 
report to the House and Senate Committees on Appropria-
tions to establish the baseline for application of re-
programming and transfer authorities for the current fis-
cal year: Provided, That the report shall include: 
(1) A table for each appropriation with a sepa-
rate column to display the President’s budget re-
196 
quest, adjustments made by Congress, adjustments 
due to enacted rescissions, if appropriate, and the 
fiscal year enacted level; 
(2) A delineation in the table for each appro-
priation both by object class and program, project 
and activity as detailed in the budget appendix for 
the respective appropriations; and 
(3) An identification of items of special congres-
sional interest: Provided further, That the amount 
appropriated for salaries and expenses of the Corps 
of Engineers shall be reduced by $100,000 per day 
for each day after the required date that the report 
has not been submitted to the Congress. 
SEC. 102. None of the funds in this Act, or previous 
Acts, making funds available for Energy and Water Devel-
opment, shall be used to implement any pending or future 
competitive sourcing actions under OMB Circular A–76 
or High Performing Organizations for the U.S. Army 
Corps of Engineers. 
SEC. 103. None of the funds made available in this 
title may be used to award or modify any contract that 
commits an amount for a project in excess of the amounts 
appropriated for that project that remain unobligated. 
SEC. 104. Within 90 days of the date of the Chief 
of Engineers Report on a water resource matter, the As-
197 
sistant Secretary of the Army (Civil Works) shall submit 
the report to the appropriate authorizing and appro-
priating committees of the Congress. 
SEC. 105. WATER
REALLOCATION, LAKE
CUM-
BERLAND, KENTUCKY. (a) IN GENERAL.—Subject to sub-
section (b), none of the funds made available by this Act 
may be used to carry out any water reallocation project 
or component under the Wolf Creek Project, Lake Cum-
berland, Kentucky, authorized under the Act of June 28, 
1938 (52 Stat. 1215, ch. 795) and the Act of July 24, 
1946 (60 Stat. 636, ch. 595). 
(b) EXISTING REALLOCATIONS.—Subsection (a) shall 
not apply to any water reallocation for Lake Cumberland, 
Kentucky, that is carried out subject to an agreement or 
payment schedule in effect on the date of enactment of 
this Act. 
SEC. 106. Section 121 of the Energy and Water De-
velopment Appropriations Act, 2006 (Public Law 109– 
103; 119 Stat. 2256) is amended by striking subsection 
(a) and inserting the following: 
‘‘(a) Hereafter, the Secretary of the Army may carry 
out and fund planning studies, watershed surveys and as-
sessments, or technical studies at 100 percent Federal ex-
pense to accomplish the purposes of the 2003 Biological 
Opinion described in section 205(b) of the Energy and
198 
Water Development Appropriations Act, 2005 (Public 
Law 108–447; 118 Stat. 2949) as amended by subsection 
(b) or any related subsequent biological opinion, and the 
collaborative program long-term plan. In carrying out a 
study, survey, or assessment under this subsection, the 
Secretary of the Army shall consult with Federal, State, 
tribal and local governmental entities, as well as entities 
participating in the Middle Rio Grande Endangered Spe-
cies Collaborative Program referred to in section 205 of 
this Act: Provided, That the Secretary of the Army may 
also provide planning and administrative assistance to the 
Middle Rio Grande Endangered Species Collaborative Pro-
gram, which shall not be subject to cost sharing require-
ments with non-Federal interests.’’. 
SEC. 107. None of the funds in this Act, or previous 
Acts, making funds available for Energy and Water Devel-
opment shall be used to award any continuing contract 
that commits additional funding from the Inland Water-
way Trust Fund unless or until such time that a perma-
nent solution to enhance revenues in the fund is enacted. 
SEC. 108. The Secretary is authorized to conduct a 
study of the Missouri River Projects located within the 
Missouri River basin at a total cost of $25,000,000 with 
the express purpose to review the original project purposes 
based on the Flood Control Act of 1944, as amended, and
199 
other subsequent relevant legislation and judicial rulings 
to determine if changes to the authorized project purposes 
and existing Federal water resource infrastructure may be 
warranted: Provided, That this study shall be undertaken 
at full Federal expense. 
SEC. 109. Section 134 of Public Law 108–137 (117 
Stat. 1842), as amended by section 128(b) of Public Law 
109–103 (119 Stat. 2260), is further amended by striking 
‘‘$30,000,000’’ wherever it appears and inserting 
‘‘$48,300,000’’ in lieu thereof. 
SEC. 110. Section 101(a)(5) of the Water Resources 
Development Act of 1996 (110 Stat. 3663) is amended— 
(1) by inserting ‘‘(A) IN GENERAL.—’’ before 
‘‘The’’; and 
(2) by adding at the end the following: 
‘‘(B) 
CREDIT
TOWARD
NON-FEDERAL 
SHARE.—The Secretary shall credit toward the 
non-Federal share of the project the costs ex-
pended by non-Federal interests for the replace-
ment and reconstruction of the Soquel Avenue 
Bridge. 
‘‘(C) MAXIMUM AMOUNT OF CREDIT.—The 
credit under paragraph (B) may not exceed 
$2,000,000.
200 
‘‘(D) LIMITATION
OF
TOTAL
PROJECT 
COST.—The Secretary shall not include the 
costs to be credited under paragraphs (B) and 
(C) in total project costs in determining the 
amounts of the Federal and non-Federal con-
tributions.’’. 
SEC. 111. The Missouri River Levee System (MRLS) 
Unit L–385 Project, Riverside, Missouri, authorized by 
the Flood Control Act of 1941, Public Law 77–228, and 
the Flood Control Act of 1944, Public Law 78–534, is 
modified to direct the Secretary, acting through the Chief 
of Engineers, to take such action as is necessary to correct 
deficiencies in the L–385 levee system in Riverside, Mis-
souri at full Federal expense at a cost of no more than 
$7,000,000. 
SEC. 112. Section 115 of the Energy and Water De-
velopment and Related Agencies Appropriations Act, 2008 
as contained in division C of Public Law 110–161, is 
amended by striking ‘‘$20,000,000. The Secretary shall 
transfer this facility to the Secretary of the Interior for 
operation and maintenance upon the completion of con-
struction.’’ and inserting in lieu thereof, ‘‘$20,000,000: 
Provided, That the Secretary shall transfer ownership of 
this facility to the Secretary of Health and Human Serv-
201 
ices for operation and maintenance upon the completion 
of construction.’’. 
SEC. 113. Section 103(c)(7) of the Water Resources 
Development Act of 1992 (106 Stat. 4811–12), as amend-
ed by section 117 of the Energy and Water Development 
Appropriations Act of 2006 (119 Stat. 2255), is further 
amended 
by 
striking 
‘‘15,000,000’’ 
and 
inserting 
‘‘26,000,000’’. 
SEC. 114. Section 3118 of Public Law 110–114 (121 
Stat. 1137) is amended by— 
(1) in paragraph (b) by inserting after ‘‘New 
Mexico’’ the following: ‘‘in accordance with the plans 
recommended in the feasibility report for the Middle 
Rio Grande Bosque, New Mexico, scheduled for com-
pletion in December 2008’’; 
(2) redesignating subsection (d) as subsection 
(e); and 
(3) inserting a new subsection (d): 
‘‘(d) COST SHARING.—Any requirement for non-Fed-
eral participation in a project carried out in the bosque 
of Bernalillo County, New Mexico, pursuant to this section 
shall be limited to the provision of lands, easements, 
rights-of-way, relocations, and dredged material disposal 
areas necessary for construction, operation and mainte-
nance of the project.’’.
202 
SEC. 115. The non-Federal interest for the project 
referenced in section 3154 of the Water Resources Devel-
opment Act of 2007 (Public Law 110–114; 121 Stat. 
1148) may carry out design and construction work on the 
project in advance of Federal appropriations or may pro-
vide funds directly to the Secretary for the Secretary to 
carry out such work: Provided, That the Secretary of the 
Army shall reimburse the non-Federal interest for any 
costs incurred by the non-Federal interest that are in ex-
cess of the non-Federal share of total project costs subject 
to the availability of appropriations. 
SEC. 116. The Colorado Department of Natural Re-
sources is authorized to perform modifications of the facil-
ity (Chatfield Reservoir, Colorado), and any required miti-
gation which results from implementation of the project: 
Provided, That in carrying out the reassignment of storage 
space provided for in this section, the Secretary shall col-
laborate with the Colorado Department of Natural Re-
sources and local interests to determine costs to be repaid 
for storage that reflects the limited reliability of the re-
sources and the capability of non-Federal interests to 
make use of the reallocated storage space in Chatfield Res-
ervoir, Colorado. 
SEC. 117. Section 117 of the Energy and Water De-
velopment and Related Agencies Appropriations Act,
203 
2005, as contained in division C of Public Law 108–447, 
is hereby repealed. 
SEC. 118. The Secretary of Army, acting through the 
Chief of Engineers, shall reassign the regulatory bound-
aries of the Chicago District to align with the existing civil 
works boundaries of the Chicago District. 
TITLE II 
DEPARTMENT OF THE INTERIOR 
CENTRAL UTAH PROJECT 
CENTRAL UTAH PROJECT COMPLETION ACCOUNT 
For carrying out activities authorized by the Central 
Utah Project Completion Act, $40,360,000, to remain 
available until expended, of which $987,000 shall be de-
posited into the Utah Reclamation Mitigation and Con-
servation Account for use by the Utah Reclamation Miti-
gation and Conservation Commission. In addition, for nec-
essary expenses incurred in carrying out related respon-
sibilities of the Secretary of the Interior, $1,640,000, to 
remain available until expended. For fiscal year 2009, the 
Commission may use an amount not to exceed $1,500,000 
for administrative expenses. 
BUREAU OF RECLAMATION 
The following appropriations shall be expended to 
execute authorized functions of the Bureau of Reclama-
tion:
204 
WATER AND RELATED RESOURCES 
(INCLUDING TRANSFERS OF FUNDS) 
For management, development, and restoration of 
water and related natural resources and for related activi-
ties, including the operation, maintenance, and rehabilita-
tion of reclamation and other facilities, participation in 
fulfilling related Federal responsibilities to Native Ameri-
cans, and related grants to, and cooperative and other 
agreements with, State and local governments, federally 
recognized Indian tribes, and others, $920,259,000, to re-
main available until expended, of which $46,655,000 shall 
be available for transfer to the Upper Colorado River 
Basin Fund and $24,962,000 shall be available for trans-
fer to the Lower Colorado River Basin Development Fund; 
of which such amounts as may be necessary may be ad-
vanced to the Colorado River Dam Fund; of which not 
more than $500,000 is for high priority projects which 
shall be carried out by the Youth Conservation Corps, as 
authorized by 16 U.S.C. 1706: Provided, That such trans-
fers may be increased or decreased within the overall ap-
propriation under this heading: Provided further, That of 
the total appropriated, the amount for program activities 
that can be financed by the Reclamation Fund or the Bu-
reau of Reclamation special fee account established by 16 
U.S.C. 460l–6a(i) shall be derived from that Fund or ac-
count: Provided further, That funds contributed under 43
205 
U.S.C. 395 are available until expended for the purposes 
for which contributed: Provided further, That funds ad-
vanced under 43 U.S.C. 397a shall be credited to this ac-
count and are available until expended for the same pur-
poses as the sums appropriated under this heading: Pro-
vided further, That funds available for expenditure for the 
Departmental Irrigation Drainage Program may be ex-
pended by the Bureau of Reclamation for site remediation 
on a nonreimbursable basis: Provided further, That funds 
provided for the Friant-Kern and Madera Canals improve-
ments may be expended on a non-reimbursable basis: Pro-
vided further, That $4,000,000 of the funds appropriated 
under this heading shall be deposited in the San Gabriel 
Basin Restoration Fund established by section 110 of title 
I of appendix D of Public Law 106–554: Provided further, 
That, except as provided in section 201 of this Act, the 
amounts made available under this paragraph shall be ex-
pended as authorized in law for the projects and activities 
specified in the text and table under this heading in the 
explanatory statement described in section 4 (in the mat-
ter preceding division A of this consolidated Act). 
CENTRAL VALLEY PROJECT RESTORATION FUND 
For carrying out the programs, projects, plans, habi-
tat restoration, improvement, and acquisition provisions of 
the Central Valley Project Improvement Act, $56,079,000, 
to be derived from such sums as may be collected in the
206 
Central Valley Project Restoration Fund pursuant to sec-
tions 3407(d), 3404(c)(3), 3405(f), and 3406(c)(1) of 
Public Law 102–575, to remain available until expended: 
Provided, That the Bureau of Reclamation is directed to 
assess and collect the full amount of the additional mitiga-
tion and restoration payments authorized by section 
3407(d) of Public Law 102–575: Provided further, That 
none of the funds made available under this heading may 
be used for the acquisition or leasing of water for in- 
stream purposes if the water is already committed to in- 
stream purposes by a court adopted decree or order. 
CALIFORNIA BAY-DELTA RESTORATION 
(INCLUDING TRANSFERS OF FUNDS) 
For carrying out activities authorized by the Water 
Supply, Reliability, and Environmental Improvement Act, 
consistent with plans to be approved by the Secretary of 
the Interior, $40,000,000, to remain available until ex-
pended, of which such amounts as may be necessary to 
carry out such activities may be transferred to appropriate 
accounts of other participating Federal agencies to carry 
out authorized purposes: Provided, That funds appro-
priated herein may be used for the Federal share of the 
costs of CALFED Program management: Provided fur-
ther, That the use of any funds provided to the California 
Bay-Delta Authority for program-wide management and 
oversight activities shall be subject to the approval of the
207 
Secretary of the Interior: Provided further, That CALFED 
implementation shall be carried out in a balanced manner 
with clear performance measures demonstrating concur-
rent progress in achieving the goals and objectives of the 
Program. 
POLICY AND ADMINISTRATION 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of policy, administration, and 
related functions in the Office of the Commissioner, the 
Denver office, and offices in the five regions of the Bureau 
of Reclamation, to remain available until expended, 
$59,400,000, to be derived from the Reclamation Fund 
and be nonreimbursable as provided in 43 U.S.C. 377: 
Provided, That no part of any other appropriation in this 
Act shall be available for activities or functions budgeted 
as policy and administration expenses: Provided further, 
That, of the funds provided under this heading, 
$10,000,000 shall be transferred to ‘‘Water and Related 
Resources’’ upon the expiration of the 90-day period fol-
lowing the date of enactment of this Act if during such 
period, the Secretary of the Interior has not submitted to 
the Committees on Appropriations of the House of Rep-
resentatives and the Senate the Bureau of Reclamation’s 
five-year budget plan.
208 
ADMINISTRATIVE PROVISION 
Appropriations for the Bureau of Reclamation shall 
be available for purchase of not to exceed seven passenger 
motor vehicles, which are for replacement only. 
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR 
SEC. 201. (a) None of the funds provided in title II 
of this Act for Water and Related Resources, or provided 
by previous appropriations Acts to the agencies or entities 
funded in title II of this Act for Water and Related Re-
sources that remain available for obligation or expenditure 
in fiscal year 2009, shall be available for obligation or ex-
penditure through a reprogramming of funds that— 
(1) initiates or creates a new program, project, 
or activity; 
(2) eliminates a program, project, or activity; 
(3) increases funds for any program, project, or 
activity for which funds have been denied or re-
stricted by this Act, unless prior approval is received 
from the Committees on Appropriations of the 
House of Representatives and the Senate; 
(4) restarts or resumes any program, project or 
activity for which funds are not provided in this Act, 
unless prior approval is received from the Commit-
tees on Appropriations of the House of Representa-
tives and the Senate;
209 
(5) transfers funds in excess of the following 
limits, unless prior approval is received from the 
Committees on Appropriations of the House of Rep-
resentatives and the Senate: 
(A) 15 percent for any program, project or 
activity for which $2,000,000 or more is avail-
able at the beginning of the fiscal year; or 
(B) $300,000 for any program, project or 
activity for which less than $2,000,000 is avail-
able at the beginning of the fiscal year; 
(6) transfers more than $500,000 from either 
the Facilities Operation, Maintenance, and Rehabili-
tation category or the Resources Management and 
Development category to any program, project, or 
activity in the other category, unless prior approval 
is received from the Committees on Appropriations 
of the House of Representatives and the Senate; or 
(7) transfers, where necessary to discharge legal 
obligations of the Bureau of Reclamation, more than 
$5,000,000 to provide adequate funds for settled 
contractor claims, increased contractor earnings due 
to accelerated rates of operations, and real estate de-
ficiency judgments, unless prior approval is received 
from the Committees on Appropriations of the 
House of Representatives and the Senate.
210 
(b) Subsection (a)(5) shall not apply to any transfer 
of funds within the Facilities Operation, Maintenance, and 
Rehabilitation category. 
(c) For purposes of this section, the term ‘‘transfer’’ 
means any movement of funds into or out of a program, 
project, or activity. 
(d) The Bureau of Reclamation shall submit reports 
on a quarterly basis to the Committees on Appropriations 
of the House of Representatives and the Senate detailing 
all the funds reprogrammed between programs, projects, 
activities, or categories of funding. The first quarterly re-
port shall be submitted not later than 60 days after the 
date of enactment of this Act. 
SEC. 202. (a) None of the funds appropriated or oth-
erwise made available by this Act may be used to deter-
mine the final point of discharge for the interceptor drain 
for the San Luis Unit until development by the Secretary 
of the Interior and the State of California of a plan, which 
shall conform to the water quality standards of the State 
of California as approved by the Administrator of the En-
vironmental Protection Agency, to minimize any detri-
mental effect of the San Luis drainage waters. 
(b) The costs of the Kesterson Reservoir Cleanup 
Program and the costs of the San Joaquin Valley Drain-
age Program shall be classified by the Secretary of the
211 
Interior as reimbursable or nonreimbursable and collected 
until fully repaid pursuant to the ‘‘Cleanup Program-Al-
ternative Repayment Plan’’ and the ‘‘SJVDP-Alternative 
Repayment Plan’’ described in the report entitled ‘‘Repay-
ment Report, Kesterson Reservoir Cleanup Program and 
San Joaquin Valley Drainage Program, February 1995’’, 
prepared by the Department of the Interior, Bureau of 
Reclamation. Any future obligations of funds by the 
United States relating to, or providing for, drainage serv-
ice or drainage studies for the San Luis Unit shall be fully 
reimbursable by San Luis Unit beneficiaries of such serv-
ice or studies pursuant to Federal reclamation law. 
SEC. 203. None of the funds appropriated or other-
wise made available by this or any other Act may be used 
to pay the salaries and expenses of personnel to purchase 
or lease water in the Middle Rio Grande or the Carlsbad 
Projects in New Mexico unless said purchase or lease is 
in compliance with the purchase requirements of section 
202 of Public Law 106–60. 
SEC. 204. Funds under this title for Drought Emer-
gency Assistance shall be made available primarily for 
leasing of water for specified drought related purposes 
from willing lessors, in compliance with existing State laws 
and administered under State water priority allocation.
212 
SEC. 205. The Secretary of the Interior, acting 
through the Commissioner of the Bureau of Reclamation, 
is authorized to enter into grants, cooperative agreements, 
and other agreements with irrigation or water districts 
and States to fund up to 50 percent of the cost of plan-
ning, designing, and constructing improvements that will 
conserve water, increase water use efficiency, or enhance 
water management through measurement or automation, 
at existing water supply projects within the States identi-
fied in the Act of June 17, 1902, as amended, and supple-
mented: Provided, That when such improvements are to 
federally owned facilities, such funds may be provided in 
advance on a nonreimbursable basis to an entity operating 
affected transferred works or may be deemed non-
reimbursable for nontransferred works: Provided further, 
That the calculation of the non-Federal contribution shall 
provide for consideration of the value of any in-kind con-
tributions, but shall not include funds received from other 
Federal agencies: Provided further, That the cost of oper-
ating and maintaining such improvements shall be the re-
sponsibility of the non-Federal entity: Provided further, 
That this section shall not supercede any existing project- 
specific funding authority: Provided further, That the Sec-
retary is also authorized to enter into grants or coopera-
213 
tive agreements with universities or nonprofit research in-
stitutions to fund water use efficiency research. 
SEC. 206. (a) Section 209 of the Energy and Water 
Development Appropriations Act, 2004 (Public Law 108– 
137; 117 Stat. 1850) is repealed. 
(b) The Secretary of the Interior (referred to in this 
section as the ‘‘Secretary’’) shall establish and maintain 
an Executive Committee of the Middle Rio Grande Endan-
gered Species Collaborative Program (referred to in this 
section as the ‘‘Executive Committee’’) consistent with the 
bylaws of the Middle Rio Grande Endangered Species Col-
laborative Program adopted on October 2, 2006. 
(c) Hereafter, in compliance with applicable Federal 
and State laws, the Secretary (acting through the Com-
missioner of Reclamation), in collaboration with the Exec-
utive Committee, may enter into any grants, contracts, co-
operative agreements, interagency agreements, or other 
agreements that the Secretary determines to be necessary 
to comply with the 2003 Biological Opinion described in 
section 205(b) of the Energy and Water Development Ap-
propriations Act, 2005 (Public Law 108–447; 118 Stat. 
2949) as amended by section 121(b) of the Energy and 
Water Development Appropriations Act, 2006 (Public 
Law 109–103; 119 Stat. 2256) or any related subsequent
214 
biological opinion or in furtherance of the objectives set 
forth in the collaborative program long-term plan. 
(d)(1) The acquisition of water under subsection (c) 
and any administrative costs associated with carrying out 
subsection (c) shall be at full Federal expense. 
(2) Not more than 15 percent of amounts appro-
priated to carry out subsection (c) shall be made available 
for the payment of administrative expenses associated with 
carrying out that subsection. 
(e)(1) The non-Federal share of activities carried out 
under subsection (c) (other than an activity or a cost de-
scribed in subsection (d)(1)) shall be 25 percent. The non- 
Federal cost share shall be determined on a programmatic, 
rather than a project-by-project basis. 
(2) The non-Federal share required under paragraph 
(1) may be in the form of in-kind contributions, the value 
of which shall be determined by the Secretary in consulta-
tion with the executive committee. 
(f) Nothing in this section modifies or expands the 
discretion of the Secretary with respect to operating res-
ervoir facilities under the jurisdiction of the Secretary in 
the Rio Grande Valley, New Mexico. 
SEC. 207. Section 208 of the Energy and Water De-
velopment and Related Agencies Appropriations Act, 2008 
(Public Law 110–161; 121 Stat. 1953) is amended—
215 
(1) in subsection (a)— 
(A) in paragraph (2)(B), by inserting ‘‘, as 
determined by the nonprofit conservation orga-
nization’’ after ‘‘Lake’’; and 
(B) in paragraph (4), by striking ‘‘retire-
ment of water rights’’ and all that follows 
through the semicolon at the end and inserting 
‘‘retirement of water rights;’’; and 
(2) in subsection (b), by striking ‘‘June 30, 
2010’’ and inserting ‘‘June 30, 2012’’. 
SEC. 208. Notwithstanding any other provision of 
law, of amounts made available under section 2507 of the 
Farm Security and Rural Investment Act of 2002 (43 
U.S.C. 2211 note; Public Law 107–171), the Secretary 
of the Interior acting through the Commissioner of Rec-
lamation, shall allocate— 
(1) $300,000 to the Desert Research Institute 
for LIDAR acquisition data in the Walker River 
Basin, to supplement water rights research and data 
funded under section 208(a)(1) of the Energy and 
Water Development Appropriations Act, 2006 (Pub-
lic Law 109–103; 119 Stat. 2268); and 
(2) $300,000 to the Director of the United 
States Fish and Wildlife Service to conduct a 
multiyear assessment of and monitoring of the abil-
216 
ity of west central Nevada lakes to support migra-
tory loons, and identification of wintering areas and 
annual range of loons using Walker Lake during mi-
gration. 
TITLE III 
DEPARTMENT OF ENERGY 
ENERGY PROGRAMS 
ENERGY EFFICIENCY AND RENEWABLE ENERGY 
For Department of Energy expenses including the 
purchase, construction, and acquisition of plant and cap-
ital equipment, and other expenses necessary for energy 
efficiency and renewable energy activities in carrying out 
the purposes of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for 
plant or facility acquisition, construction, or expansion, 
and the purchase of not to exceed two passenger vehicles 
for replacement, $1,928,540,000, to remain available until 
expended: Provided, That, of the amount appropriated in 
this paragraph, $228,803,380 shall be used for projects 
specified in the table that appears under the heading 
‘‘Congressionally Directed Energy Efficiency and Renew-
able Energy Projects’’ in the text and table under this 
heading in the explanatory statement described in section
217 
4 (in the matter preceding division A of this consolidated 
Act). 
ELECTRICITY DELIVERY AND ENERGY RELIABILITY 
For Department of Energy expenses including the 
purchase, construction, and acquisition of plant and cap-
ital equipment, and other expenses necessary for elec-
tricity delivery and energy reliability activities in carrying 
out the purposes of the Department of Energy Organiza-
tion Act (42 U.S.C. 7101 et seq.), including the acquisi-
tion or condemnation of any real property or any facility 
or for plant or facility acquisition, construction, or expan-
sion, $137,000,000, to remain available until expended: 
Provided, That, of the amount appropriated in this para-
graph, $19,648,475 shall be used for projects specified in 
the table that appears under the heading ‘‘Congressionally 
Directed Electricity Delivery and Energy Reliability 
Projects’’ in the text and table under this heading in the 
explanatory statement described in section 4 (in the mat-
ter preceding division A of this consolidated Act). 
NUCLEAR ENERGY 
(INCLUDING TRANSFER OF FUNDS) 
For Department of Energy expenses including the 
purchase, construction, and acquisition of plant and cap-
ital equipment, and other expenses necessary for nuclear 
energy activities in carrying out the purposes of the De-
218 
partment of Energy Organization Act (42 U.S.C. 7101 et 
seq.), including the acquisition or condemnation of any 
real property or any facility or for plant or facility acquisi-
tion, construction, or expansion, and the purchase of not 
to exceed 29 passenger motor vehicles, including three new 
buses and 26 replacement vehicles, including one ambu-
lance, $792,000,000, to remain available until expended: 
Provided, That, of the amount appropriated in this para-
graph, $2,854,500 shall be used for projects specified in 
the table that appears under the heading ‘‘Congressionally 
Directed Nuclear Energy Projects’’ in the text and table 
under this heading in the explanatory statement described 
in section 4 (in the matter preceding division A of this 
consolidated Act). 
CLEAN COAL TECHNOLOGY 
(INCLUDING TRANSFER OF FUNDS) 
Of the funds made available under this heading for 
obligation in prior years, $149,000,000 of uncommitted 
balances are transferred to Fossil Energy Research and 
Development to be used until expended: Provided, That 
funds made available in previous appropriations Acts shall 
be made available for any ongoing project regardless of 
the separate request for proposal under which the project 
was selected.
219 
FOSSIL ENERGY RESEARCH AND DEVELOPMENT 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses in carrying out fossil energy 
research and development activities, under the authority 
of the Department of Energy Organization Act (Public 
Law 95–91), including the acquisition of interest, includ-
ing defeasible and equitable interests in any real property 
or any facility or for plant or facility acquisition or expan-
sion, and for conducting inquiries, technological investiga-
tions and research concerning the extraction, processing, 
use, and disposal of mineral substances without objection-
able social and environmental costs (30 U.S.C. 3, 1602, 
and 1603), $876,320,000, to remain available until ex-
pended, of which $149,000,000 shall be derived by trans-
fer from ‘‘Clean Coal Technology’’: Provided, That of the 
amounts provided, $288,174,000 is available for the Clean 
Coal Power Initiative Round III solicitation, pursuant to 
title IV of the Public Law 109–58: Provided further, That 
funds appropriated for prior solicitations under the Clean 
Coal Technology Program, Power Plant Improvement Ini-
tiative, Clean Coal Power Initiative, and FutureGen, but 
not required by the Department to meet its obligations 
on projects selected under such solicitations, may be uti-
lized for the Clean Coal Power Initiative Round III solici-
tation under this Act in accordance with the requirements
220 
of this Act rather than the Acts under which the funds 
were appropriated: Provided further, That no Clean Coal 
Power Initiative project may be selected for which full 
funding is not available to provide for the total project: 
Provided further, That if a Clean Coal Power Initiative 
project selected after enactment of this legislation for ne-
gotiation under this or any other Act in any fiscal year, 
is not awarded within 2 years from the date the applica-
tion was selected, negotiations shall cease and the Federal 
funds committed to the application shall be retained by 
the Department for future coal-related research, develop-
ment and demonstration projects, except that the time 
limit may be extended at the Secretary’s discretion for 
matters outside the control of the applicant, or if the Sec-
retary determines that extension of the time limit is in 
the public interest: Provided further, That the Secretary 
may not delegate this responsibility for applications great-
er than $10,000,000: Provided further, That financial as-
sistance for costs in excess of those estimated as of the 
date of award of original Clean Coal Power Initiative fi-
nancial assistance may not be provided in excess of the 
proportion of costs borne by the Government in the origi-
nal agreement and shall be limited to 25 percent of the 
original financial assistance: Provided further, That funds 
shall be expended in accordance with the provisions gov-
221 
erning the use of funds contained under the heading 
‘‘Clean Coal Technology’’ in 42 U.S.C. 5903d as well as 
those contained under the heading ‘‘Clean Coal Tech-
nology’’ in prior appropriations: Provided further, That 
any technology selected under these programs shall be 
considered a Clean Coal Technology, and any project se-
lected under these programs shall be considered a Clean 
Coal Technology Project, for the purposes of 42 U.S.C. 
7651n, and chapters 51, 52, and 60 of title 40 of the Code 
of Federal Regulations: Provided further, That funds 
available for the Clean Coal Power Initiative Round III 
Funding Opportunity Announcement may be used to sup-
port any technology that meets the requirements of the 
Round III Announcement relating to carbon capture and 
storage or other beneficial uses of CO2, without regard 
to the 70 and 30 percent funding allocations specified in 
section 402(b)(1)(A) and 402(b)(2)(A) of Public Law 
109–58: Provided further, That no part of the sum herein 
made available shall be used for the field testing of nuclear 
explosives in the recovery of oil and gas: Provided further, 
That, of the amount appropriated in this paragraph, 
$43,864,150 shall be used for projects specified in the 
table that appears under the heading ‘‘Congressionally Di-
rected Fossil Energy Projects’’ in the text and table under 
this heading in the explanatory statement described in sec-
222 
tion 4 (in the matter preceding division A of this consoli-
dated Act). 
NAVAL PETROLEUM AND OIL SHALE RESERVES 
For expenses necessary to carry out naval petroleum 
and oil shale reserve activities, including the hire of pas-
senger motor vehicles, $19,099,000, to remain available 
until expended: Provided, That, notwithstanding any other 
provision of law, unobligated funds remaining from prior 
years shall be available for all naval petroleum and oil 
shale reserve activities. 
STRATEGIC PETROLEUM RESERVE 
For necessary expenses for Strategic Petroleum Re-
serve facility development and operations and program 
management activities pursuant to the Energy Policy and 
Conservation Act of 1975, as amended (42 U.S.C. 6201 
et seq.), $205,000,000, to remain available until expended, 
of which $31,507,000 shall be provided to initiate new site 
expansion activities, beyond land acquisition, consistent 
with the budget request: Provided, That none of the funds 
provided for new site expansion activities may be obligated 
or expended for authorized activities until the Secretary 
has submitted a report to the Congress on the effects of 
expansion of the Reserve on the domestic petroleum mar-
ket, which is required to be submitted within 45 days of 
enactment of this Act.
223 
NORTHEAST HOME HEATING OIL RESERVE 
For necessary expenses for Northeast Home Heating 
Oil Reserve storage, operation, and management activities 
pursuant to the Energy Policy and Conservation Act, 
$9,800,000, to remain available until expended. 
ENERGY INFORMATION ADMINISTRATION 
For necessary expenses in carrying out the activities 
of the Energy Information Administration, $110,595,000, 
to remain available until expended. 
NON-DEFENSE ENVIRONMENTAL CLEANUP 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
ital equipment and other expenses necessary for non-de-
fense environmental cleanup activities in carrying out the 
purposes of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including the acquisition or con-
demnation of any real property or any facility or for plant 
or facility acquisition, construction, or expansion, 
$261,819,000, to remain available until expended: Pro-
vided, That the appropriation includes funds for environ-
mental remediation activities associated with the Energy 
Technology and Engineering Center (ETEC) at the Santa 
Susana Field Laboratory (SSFL), subject to the following: 
(1) the Department shall use a portion of this funding 
to enter into an interagency agreement with the Environ-
224 
mental Protection Agency (EPA) regarding a comprehen-
sive radioactive site characterization of Area IV of the 
SSFL and (2) the Department shall provide the amount 
required by EPA for the radioactive site characterization 
in fiscal year 2009 from within the available funds: Pro-
vided further, That of the amounts provided, $5,000,000 
is available for necessary expenses for the purpose of car-
rying out remedial actions under this title at real property 
in the vicinity of the Tuba City processing site designated 
in section 102(a)(1), of the Uranium Mill Tailings Radi-
ation Control Act of 1978 (Public Law 95–604, as amend-
ed; 42 U.S.C. 7901, et seq.), notwithstanding section 112 
of that Act, at a dump site immediately adjacent to the 
north-northwest section of the Tuba City processing site, 
and on the north side of Highway 160: Provided further, 
That, of the amount appropriated in this paragraph, 
$4,757,500 shall be used for projects specified in the table 
that appears under the heading ‘‘Congressionally Directed 
Non-Defense Environmental Cleanup Projects’’ in the text 
and table under this heading in the explanatory statement 
described in section 4 (in the matter preceding division 
A of this consolidated Act).
225 
URANIUM ENRICHMENT DECONTAMINATION AND 
DECOMMISSIONING FUND 
For necessary expenses in carrying out uranium en-
richment facility decontamination and decommissioning, 
remedial actions, and other activities of title II of the 
Atomic Energy Act of 1954, and title X, subtitle A, of 
the Energy Policy Act of 1992, $535,503,000, to be de-
rived from the Uranium Enrichment Decontamination and 
Decommissioning Fund, to remain available until ex-
pended, of which $10,000,000 shall be available in accord-
ance with title X, subtitle A, of the Energy Policy Act 
of 1992. 
SCIENCE 
For Department of Energy expenses including the 
purchase, construction and acquisition of plant and capital 
equipment, and other expenses necessary for science ac-
tivities in carrying out the purposes of the Department 
of Energy Organization Act (42 U.S.C. 7101 et seq.), in-
cluding the acquisition or condemnation of any real prop-
erty or facility or for plant or facility acquisition, construc-
tion, or expansion, and purchase of not to exceed 49 pas-
senger motor vehicles for replacement only, including one 
law enforcement vehicle, one ambulance, and three buses, 
$4,772,636,000, to remain available until expended: Pro-
vided, That, of the amount appropriated in this para-
226 
graph, $93,686,593 shall be used for projects specified in 
the table that appears under the heading ‘‘Congressionally 
Directed Science Projects’’ in the text and table under this 
heading in the explanatory statement described in section 
4 (in the matter preceding division A of this consolidated 
Act). 
NUCLEAR WASTE DISPOSAL 
For nuclear waste disposal activities to carry out the 
purposes of the Nuclear Waste Policy Act of 1982, Public 
Law 97–425, as amended (the ‘‘NWPA’’), including the 
acquisition of real property or facility construction or ex-
pansion, $145,390,000, to remain available until ex-
pended, and to be derived from the Nuclear Waste Fund: 
Provided, That of the funds made available in this Act 
for Nuclear Waste Disposal, $5,000,000 shall be provided 
to the Office of the Attorney General of the State of Ne-
vada solely for expenditures, other than salaries and ex-
penses of State employees, to conduct scientific oversight 
responsibilities and participate in licensing activities pur-
suant to the Act: Provided further, That notwithstanding 
the lack of a written agreement with the State of Nevada 
under section 117(c) of the NWPA, $1,000,000 shall be 
provided to Nye County, Nevada, for on-site oversight ac-
tivities under section 117(d) of that Act: Provided further, 
That $9,000,000 shall be provided to affected units of
227 
local government, as defined in the NWPA, to conduct ap-
propriate activities and participate in licensing activities: 
Provided further, That of the $9,000,000 provided 7.5 per-
cent of the funds provided shall be made available to af-
fected units of local government in California with the bal-
ance made available to affected units of local government 
in Nevada for distribution as determined by the Nevada 
units of local government: Provided further, That this 
funding shall be provided to affected units of local govern-
ment, as defined in the NWPA: Provided further, That 
$500,000 shall be provided to the Timbisha-Shoshone 
Tribe solely for expenditures, other than salaries and ex-
penses of tribal employees, to conduct appropriate activi-
ties and participate in licensing activities under section 
118(b) of the NWPA: Provided further, That notwith-
standing the provisions of chapters 65 and 75 of title 31, 
United States Code, the Department shall have no moni-
toring, auditing or other oversight rights or responsibil-
ities over amounts provided to affected units of local gov-
ernment: Provided further, That the funds for the State 
of Nevada shall be made available solely to the Office of 
the Attorney General by direct payment and to units of 
local government by direct payment: Provided further, 
That within 90 days of the completion of each Federal 
fiscal year, the Office of the Attorney General of the State
228 
of Nevada and each of the affected units of local govern-
ment shall provide certification to the Department of En-
ergy that all funds expended from such payments have 
been expended for activities authorized by the NWPA and 
this Act: Provided further, That failure to provide such 
certification shall cause such entity to be prohibited from 
any further funding provided for similar activities: Pro-
vided further, That none of the funds herein appropriated 
may be: (1) used directly or indirectly to influence legisla-
tive action, except for normal and recognized executive- 
legislative communications, on any matter pending before 
Congress or a State legislature or for lobbying activity as 
provided in 18 U.S.C. 1913; (2) used for litigation ex-
penses; or (3) used to support multi-State efforts or other 
coalition building activities inconsistent with the restric-
tions contained in this Act: Provided further, That all pro-
ceeds and recoveries realized by the Secretary in carrying 
out activities authorized by the NWPA, including but not 
limited to, any proceeds from the sale of assets, shall be 
available without further appropriation and shall remain 
available until expended: Provided further, That no funds 
provided in this Act or any previous Act may be used to 
pursue repayment or collection of funds provided in any 
fiscal year to affected units of local government for over-
sight activities that had been previously approved by the
229 
Department of Energy, or to withhold payment of any 
such funds: Provided further, That, of the amount appro-
priated in this paragraph, $1,855,425 shall be used for 
projects specified in the table that appears under the head-
ing ‘‘Congressionally Directed Nuclear Waste Disposal 
Projects’’ in the text and table under this heading in the 
explanatory statement described in section 4 (in the mat-
ter preceding division A of this consolidated Act). 
TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE 
PROGRAM 
Subject to section 502 of the Congressional Budget 
Act of 1974, commitments to guarantee loans under title 
XVII of the Energy Policy Act of 2005, shall not exceed 
a total principal amount of $47,000,000,000 for eligible 
projects, to remain available until committed, and of which 
$18,500,000,000 shall be for nuclear power facilities: Pro-
vided, That these amounts are in addition to the authority 
provided under section 20320 of Division B of Public Law 
109–289, as amended by Public Law 110–5: Provided fur-
ther, That such sums as are derived from amounts re-
ceived from borrowers pursuant to section 1702(b)(2) of 
the Energy Policy Act of 2005 under this heading in this 
and prior Acts, shall be collected in accordance with sec-
tion 502(7) of the Congressional Budget Act of 1974: Pro-
vided further, That the source of such payment received
230 
from borrowers is not a loan or other debt obligation that 
is guaranteed by the Federal Government: Provided fur-
ther, That pursuant to section 1702(b)(2) of the Energy 
Policy Act of 2005, no appropriations are available to pay 
the subsidy cost of such guarantees: Provided further, 
That for necessary administrative expenses to carry out 
this Loan Guarantee program, $19,880,000 is appro-
priated, to remain available until expended: Provided fur-
ther, That $19,880,000 of the fees collected pursuant to 
section 1702(h) of the Energy Policy Act of 2005 shall 
be credited as offsetting collections to this account to cover 
administrative expenses and shall remain available until 
expended, so as to result in a final fiscal year 2009 appro-
priations from the general fund estimated at not more 
than $0: Provided further, That none of the funds made 
available in this Act shall be available for the execution 
of a new solicitation with respect to such guaranteed loans 
until 30 days after the Department of Energy has sub-
mitted to the Committees on Appropriations of the House 
of Representatives and the Senate a loan guarantee imple-
mentation plan that defines the proposed award levels and 
eligible technologies: Provided further, That none of the 
loan guarantee authority made available in this Act shall 
be available for commitments to guarantee loans for any 
projects where funds, personnel, or property (tangible or
231 
intangible) of any Federal agency, instrumentality, per-
sonnel or affiliated entity are expected to be used (directly 
or indirectly) through acquisitions, contracts, demonstra-
tions, exchanges, grants, incentives, leases, procurements, 
sales, other transaction authority, or other arrangements, 
to support the project or to obtain goods or services from 
the project: Provided further, That the previous proviso 
shall not be interpreted as precluding the use of the loan 
guarantee authority in this Act for commitments to guar-
antee loans for projects as a result of such projects bene-
fiting from (a) otherwise allowable Federal income tax 
benefits; (b) being located on Federal land pursuant to 
a lease or right-of-way agreement for which all consider-
ation for all uses is (i) paid exclusively in cash, (ii) depos-
ited in the Treasury as offsetting receipts, and (iii) equal 
to the fair market value as determined by the head of the 
relevant Federal agency; (c) Federal insurance programs, 
including Price-Anderson; or (d) for electric generation 
projects, use of transmission facilities owned or operated 
by a Federal Power Marketing Administration or the Ten-
nessee Valley Authority that have been authorized, ap-
proved, and financed independent of the project receiving 
the guarantee: Provided further, That none of the loan 
guarantee authority made available in this Act shall be 
available for any project unless the Director of the Office
232 
of Management and Budget has certified in advance in 
writing that the loan guarantee and the project comply 
with the provisions under this title. 
DEPARTMENTAL ADMINISTRATION 
(INCLUDING TRANSFER OF FUNDS) 
For salaries and expenses of the Department of En-
ergy necessary for departmental administration in car-
rying out the purposes of the Department of Energy Orga-
nization Act (42 U.S.C. 7101 et seq.), including the hire 
of passenger motor vehicles and official reception and rep-
resentation 
expenses 
not 
to 
exceed 
$30,000, 
$272,643,000, to remain available until expended, plus 
such additional amounts as necessary to cover increases 
in the estimated amount of cost of work for others not-
withstanding the provisions of the Anti-Deficiency Act (31 
U.S.C. 1511 et seq.): Provided, That such increases in 
cost of work are offset by revenue increases of the same 
or greater amount, to remain available until expended: 
Provided further, That moneys received by the Department 
for 
miscellaneous 
revenues 
estimated 
to 
total 
$117,317,000 in fiscal year 2009 may be retained and 
used for operating expenses within this account, and may 
remain available until expended, as authorized by section 
201 of Public Law 95–238, notwithstanding the provisions 
of 31 U.S.C. 3302: Provided further, That the sum herein
233 
appropriated shall be reduced by the amount of miscella-
neous revenues received during 2009, and any related ap-
propriated receipt account balances remaining from prior 
years’ miscellaneous revenues, so as to result in a final 
fiscal year 2009 appropriation from the general fund esti-
mated at not more than $155,326,000. 
OFFICE OF THE INSPECTOR GENERAL 
For necessary expenses of the Office of the Inspector 
General in carrying out the provisions of the Inspector 
General Act of 1978, as amended, $51,927,000, to remain 
available until expended. 
ATOMIC ENERGY DEFENSE ACTIVITIES 
NATIONAL NUCLEAR SECURITY ADMINISTRATION 
WEAPONS ACTIVITIES 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
ital equipment and other incidental expenses necessary for 
atomic energy defense weapons activities in carrying out 
the purposes of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for 
plant or facility acquisition, construction, or expansion, 
the purchase of not to exceed two passenger motor vehi-
cles, and one ambulance; $6,380,000,000, to remain avail-
able until expended: Provided, That $19,300,000 is au-
234 
thorized to be appropriated for the 09–D–007 LANSCE 
Refurbishment, PED, Los Alamos National Laboratory, 
Los Alamos, New Mexico: Provided further, That, of the 
amount appropriated in this paragraph, $22,836,000 shall 
be used for projects specified in the table that appears 
under the heading ‘‘Congressionally Directed Weapons Ac-
tivities Projects’’ in the text and table under this heading 
in the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act). 
DEFENSE NUCLEAR NONPROLIFERATION 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
ital equipment and other incidental expenses necessary for 
defense nuclear nonproliferation activities, in carrying out 
the purposes of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for 
plant or facility acquisition, construction, or expansion, 
and the purchase of not to exceed one passenger motor 
vehicle for replacement only, $1,482,350,000, to remain 
available until expended: Provided, That, of the amount 
appropriated in this paragraph, $1,903,000 shall be used 
for projects specified under the heading ‘‘Congressionally 
Directed Defense Nuclear Nonproliferation Projects’’ in 
the text and table under this heading in the explanatory
235 
statement described in section 4 (in the matter preceding 
division A of this consolidated Act). 
NAVAL REACTORS 
For Department of Energy expenses necessary for 
naval reactors activities to carry out the Department of 
Energy Organization Act (42 U.S.C. 7101 et seq.), includ-
ing the acquisition (by purchase, condemnation, construc-
tion, or otherwise) of real property, plant, and capital 
equipment, 
facilities, 
and 
facility 
expansion, 
$828,054,000, to remain available until expended. 
OFFICE OF THE ADMINISTRATOR 
For necessary expenses of the Office of the Adminis-
trator in the National Nuclear Security Administration, 
including official reception and representation expenses 
not to exceed $12,000, $439,190,000, to remain available 
until expended: Provided, That, of the amount appro-
priated in this paragraph, $23,311,750 shall be used for 
the projects specified in the table that appears under the 
heading ‘‘Congressionally Directed Office of the Adminis-
trator (NNSA) Projects’’ in the text and table under this 
heading in the explanatory statement described in section 
4 (in the matter preceding division A of this consolidated 
Act).
236 
ENVIRONMENTAL AND OTHER DEFENSE 
ACTIVITIES 
DEFENSE ENVIRONMENTAL CLEANUP 
(INCLUDING TRANSFER OF FUNDS) 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
ital equipment and other expenses necessary for atomic 
energy defense environmental cleanup activities in car-
rying out the purposes of the Department of Energy Orga-
nization Act (42 U.S.C. 7101 et seq.), including the acqui-
sition or condemnation of any real property or any facility 
or for plant or facility acquisition, construction, or expan-
sion, and the purchase of not to exceed four ambulances 
and three passenger motor vehicles for replacement only, 
$5,657,250,000, to remain available until expended, of 
which $463,000,000 shall be transferred to the ‘‘Uranium 
Enrichment 
Decontamination 
and 
Decommissioning 
Fund’’: Provided, That, of the amount appropriated in this 
paragraph, $17,908,391 shall be used for projects speci-
fied in the table that appears under the heading ‘‘Congres-
sionally 
Directed 
Defense 
Environmental 
Cleanup 
Projects’’ in the text and table under this heading in the 
explanatory statement described in section 4 (in the mat-
ter preceding division A of this consolidated Act).
237 
OTHER DEFENSE ACTIVITIES 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
ital equipment and other expenses, necessary for atomic 
energy defense, other defense activities, and classified ac-
tivities, in carrying out the purposes of the Department 
of Energy Organization Act (42 U.S.C. 7101 et seq.), in-
cluding the acquisition or condemnation of any real prop-
erty or any facility or for plant or facility acquisition, con-
struction, or expansion, and the purchase of not to exceed 
10 passenger motor vehicles for replacement only, 
$1,314,063,000, to remain available until expended: Pro-
vided, That of the funds provided herein, $487,008,000 
is for project 99–D–143 Mixed Oxide Fuel Fabrication 
Facility, Savannah River Site, South Carolina: Provided 
further, That the Department of Energy adhere strictly 
to Department of Energy Order 413.3A for Project 99– 
D–143: Provided further, That, of the amount appro-
priated in this paragraph, $999,075 shall be used for 
projects specified in the table that appears under the head-
ing ‘‘Congressionally Directed Other Defense Activities 
Projects’’ in the text and table under this heading in the 
explanatory statement described in section 4 (in the mat-
ter preceding division A of this consolidated Act).
238 
DEFENSE NUCLEAR WASTE DISPOSAL 
For nuclear waste disposal activities to carry out the 
purposes of Public Law 97–425, as amended, including 
the acquisition of real property or facility construction or 
expansion, $143,000,000, to remain available until ex-
pended. 
POWER MARKETING ADMINISTRATIONS 
BONNEVILLE POWER ADMINISTRATION FUND 
Expenditures from the Bonneville Power Administra-
tion Fund, established pursuant to Public Law 93–454, 
are approved for official reception and representation ex-
penses in an amount not to exceed $1,500. During fiscal 
year 2009, no new direct loan obligations may be made. 
OPERATION AND MAINTENANCE, SOUTHEASTERN POWER 
ADMINISTRATION 
For necessary expenses of operation and maintenance 
of power transmission facilities and of marketing electric 
power and energy, including transmission wheeling and 
ancillary services pursuant to section 5 of the Flood Con-
trol Act of 1944 (16 U.S.C. 825s), as applied to the south-
eastern power area, $7,420,000, to remain available until 
expended: Provided, That, notwithstanding 31 U.S.C. 
3302, up to $49,520,000 collected by the Southeastern 
Power Administration pursuant to the Flood Control Act 
of 1944 to recover purchase power and wheeling expenses
239 
shall be credited to this account as offsetting collections, 
to remain available until expended for the sole purpose 
of making purchase power and wheeling expenditures. 
OPERATION AND MAINTENANCE, SOUTHWESTERN 
POWER ADMINISTRATION 
For necessary expenses of operation and maintenance 
of power transmission facilities and of marketing electric 
power and energy, for construction and acquisition of 
transmission lines, substations and appurtenant facilities, 
and for administrative expenses, including official recep-
tion and representation expenses in an amount not to ex-
ceed $1,500 in carrying out section 5 of the Flood Control 
Act of 1944 (16 U.S.C. 825s), as applied to the South-
western Power Administration, $28,414,000, to remain 
available until expended: Provided, That, notwithstanding 
31 U.S.C. 3302, up to $35,000,000 collected by the 
Southwestern Power Administration pursuant to the 
Flood Control Act of 1944 to recover purchase power and 
wheeling expenses shall be credited to this account as off-
setting collections, to remain available until expended for 
the sole purpose of making purchase power and wheeling 
expenditures.
240 
CONSTRUCTION, 
REHABILITATION, 
OPERATION
AND 
MAINTENANCE, WESTERN AREA POWER ADMINIS-
TRATION 
For carrying out the functions authorized by title III, 
section 302(a)(1)(E) of the Act of August 4, 1977 (42 
U.S.C. 7152), and other related activities including con-
servation and renewable resources programs as author-
ized, including official reception and representation ex-
penses in an amount not to exceed $1,500; $218,346,000, 
to remain available until expended, of which $208,642,000 
shall be derived from the Department of the Interior Rec-
lamation Fund: Provided, That of the amount herein ap-
propriated, $7,342,000 is for deposit into the Utah Rec-
lamation Mitigation and Conservation Account pursuant 
to title IV of the Reclamation Projects Authorization and 
Adjustment Act of 1992: Provided further, That notwith-
standing the provision of 31 U.S.C. 3302, up to 
$403,118,000 collected by the Western Area Power Ad-
ministration pursuant to the Flood Control Act of 1944 
and the Reclamation Project Act of 1939 to recover pur-
chase power and wheeling expenses shall be credited to 
this account as offsetting collections, to remain available 
until expended for the sole purpose of making purchase 
power and wheeling expenditures.
241 
FALCON AND AMISTAD OPERATING AND MAINTENANCE 
FUND 
For operation, maintenance, and emergency costs for 
the hydroelectric facilities at the Falcon and Amistad 
Dams, $2,959,000, to remain available until expended, 
and to be derived from the Falcon and Amistad Operating 
and Maintenance Fund of the Western Area Power Ad-
ministration, as provided in section 423 of the Foreign 
Relations Authorization Act, Fiscal Years 1994 and 1995. 
FEDERAL ENERGY REGULATORY COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Energy Regu-
latory Commission to carry out the provisions of the De-
partment of Energy Organization Act (42 U.S.C. 7101 et 
seq.), including services as authorized by 5 U.S.C. 3109, 
the hire of passenger motor vehicles, and official reception 
and representation expenses not to exceed $3,000, 
$273,400,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law, 
not to exceed $273,400,000 of revenues from fees and an-
nual charges, and other services and collections in fiscal 
year 2009 shall be retained and used for necessary ex-
penses in this account, and shall remain available until 
expended: Provided further, That the sum herein appro-
priated from the general fund shall be reduced as revenues
242 
are received during fiscal year 2009 so as to result in a 
final fiscal year 2009 appropriation from the general fund 
estimated at not more than $0. 
GENERAL PROVISIONS—DEPARTMENT OF 
ENERGY 
SEC. 301. CONTRACT COMPETITION. (a) None of the 
funds in this or any other appropriations Act for fiscal 
year 2009 or any previous fiscal year may be used to make 
payments for a noncompetitive management and operating 
contract, or a contract for environmental remediation or 
waste management in excess of $100,000,000 in annual 
funding at a current or former management and operating 
contract site or facility, or to award a significant extension 
or expansion to an existing management and operating 
contract, or other contract covered by this section, unless 
such contract is awarded using competitive procedures or 
the Secretary of Energy grants, on a case-by-case basis, 
a waiver to allow for such a deviation. The Secretary may 
not delegate the authority to grant such a waiver. 
(b) Within 30 days of formally notifying an incum-
bent contractor that the Secretary intends to grant such 
a waiver, the Secretary shall submit to the Subcommittees 
on Energy and Water Development of the Committees on 
Appropriations of the House of Representatives and the 
Senate a report notifying the Subcommittees of the waiver
243 
and setting forth, in specificity, the substantive reasons 
why the Secretary believes the requirement for competition 
should be waived for this particular award. 
(c) In this section the term ‘‘competitive procedures’’ 
has the meaning provided in section 4 of the Office of Fed-
eral Procurement Policy Act (41 U.S.C. 403) and includes 
procedures described in section 303 of the Federal Prop-
erty and Administrative Services Act of 1949 (41 U.S.C. 
253) other than a procedure that solicits a proposal from 
only one source. 
SEC. 302. UNFUNDED REQUESTS FOR PROPOSALS. 
None of the funds appropriated by this Act may be used 
to prepare or initiate Requests For Proposals (RFPs) for 
a program if the program has not been funded by Con-
gress. 
SEC. 303. DEPARTMENT OF ENERGY DEFENSE NU-
CLEAR FACILITIES WORKFORCE RESTRUCTURING. None 
of the funds appropriated by this Act may be used— 
(1) to augment the funds made available for ob-
ligation by this Act for severance payments and 
other benefits and community assistance grants 
under section 4604 of the Atomic Energy Defense 
Act (50 U.S.C. 2704) unless the Department of En-
ergy submits a reprogramming request to the appro-
priate congressional committees; or
244 
(2) to provide enhanced severance payments or 
other benefits for employees of the Department of 
Energy under such section; or 
(3) develop or implement a workforce restruc-
turing plan that covers employees of the Department 
of Energy. 
SEC. 304. UNEXPENDED BALANCES. The unex-
pended balances of prior appropriations provided for ac-
tivities in this Act may be available to the same appropria-
tion accounts for such activities established pursuant to 
this title. Available balances may be merged with funds 
in the applicable established accounts and thereafter may 
be accounted for as one fund for the same time period 
as originally enacted. 
SEC. 305. BONNEVILLE POWER AUTHORITY SERV-
ICE TERRITORY. None of the funds in this or any other 
Act for the Administrator of the Bonneville Power Admin-
istration may be used to enter into any agreement to per-
form energy efficiency services outside the legally defined 
Bonneville service territory, with the exception of services 
provided internationally, including services provided on a 
reimbursable basis, unless the Administrator certifies in 
advance that such services are not available from private 
sector businesses.
245 
SEC. 306. USER FACILITIES. When the Department 
of Energy makes a user facility available to universities 
or other potential users, or seeks input from universities 
or other potential users regarding significant characteris-
tics or equipment in a user facility or a proposed user fa-
cility, the Department shall ensure broad public notice of 
such availability or such need for input to universities and 
other potential users. When the Department of Energy 
considers the participation of a university or other poten-
tial user as a formal partner in the establishment or oper-
ation of a user facility, the Department shall employ full 
and open competition in selecting such a partner. For pur-
poses of this section, the term ‘‘user facility’’ includes, but 
is not limited to: (1) a user facility as described in section 
2203(a)(2) of the Energy Policy Act of 1992 (42 U.S.C. 
13503(a)(2)); (2) a National Nuclear Security Adminis-
tration Defense Programs Technology Deployment Cen-
ter/User Facility; and (3) any other Departmental facility 
designated by the Department as a user facility. 
SEC. 307. INTELLIGENCE ACTIVITIES. Funds appro-
priated by this or any other Act, or made available by the 
transfer of funds in this Act, for intelligence activities are 
deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 
1947 (50 U.S.C. 414) during fiscal year 2009 until the
246 
enactment of the Intelligence Authorization Act for fiscal 
year 2009. 
SEC. 308. LABORATORY DIRECTED RESEARCH AND 
DEVELOPMENT. Of the funds made available by the De-
partment of Energy for activities at government-owned, 
contractor-operated laboratories funded in this Act or sub-
sequent Energy and Water Development Appropriations 
Acts, the Secretary may authorize a specific amount, not 
to exceed 8 percent of such funds, to be used by such lab-
oratories for laboratory directed research and develop-
ment: Provided, That the Secretary may also authorize a 
specific amount not to exceed 4 percent of such funds, 
to be used by the plant manager of a covered nuclear 
weapons production plant or the manager of the Nevada 
Site Office for plant or site directed research and develop-
ment: Provided further, That notwithstanding Department 
of Energy order 413.2A, dated January 8, 2001, begin-
ning in fiscal year 2006 and thereafter, all DOE labora-
tories may be eligible for laboratory directed research and 
development funding. 
SEC. 309. RELIABLE
REPLACEMENT
WARHEAD. 
None of the funds provided in this Act shall be available 
for the Reliable Replacement Warhead (RRW). 
SEC. 310. GENERAL PLANT PROJECTS. Plant or con-
struction projects for which amounts are made available
247 
under this and subsequent appropriation Acts with a cur-
rent estimated cost of less than $10,000,000 are consid-
ered for purposes of section 4703 of Public Law 107–314 
as a plant project for which the approved total estimated 
cost does not exceed the minor construction threshold and 
for purposes of section 4704 of Public Law 107–314 as 
a construction project with a current estimated cost of less 
than a minor construction threshold. 
SEC. 311. ENERGY PRODUCTION. The Secretary of 
Energy shall provide funding to the National Academy of 
Sciences to conduct an inventory of the energy develop-
ment potential on all lands currently managed by the De-
partment of Energy together with a report, to be sub-
mitted not later than July 1, 2009, which includes (1) a 
detailed analysis of all such resources including oil, gas, 
coal, solar, wind, geothermal and other renewable re-
sources on such lands, (2) a delineation of the resources 
presently available for development as well as those poten-
tially available in the future, and (3) an analysis of the 
environmental impacts associated with any future develop-
ment including actions necessary to mitigate negative im-
pacts. 
SEC. 312. RENO HYDROGEN FUEL PROJECT. (a) The 
non-Federal share of project costs shall be 20 percent.
248 
(b) The cost of project vehicles, related facilities, and 
other activities funded from the Federal Transit Adminis-
tration sections 5307, 5308, 5309, and 5314 program, in-
cluding the non-Federal share for the FTA funds, is an 
eligible component of the non-Federal share for this 
project. 
(c) Contribution of the non-Federal share of project 
costs for all grants made for this project may be deferred 
until the entire project is completed. 
(d) All operations and maintenance costs associated 
with vehicles, equipment, and facilities utilized for this 
project are eligible project costs. 
(e) This section applies to project appropriations be-
ginning in fiscal year 2004. 
SEC. 313. INTEGRATED UNIVERSITY PROGRAM. (a) 
The Secretary of Energy, along with the Administrator 
of the National Nuclear Security Administration and the 
Chairman of the Nuclear Regulatory Commission, shall es-
tablish an Integrated University Program. 
(b) For the purposes of carrying out this section, 
$45,000,000 is authorized to be appropriated in each of 
fiscal years 2009 to 2019 as follows: 
(1) $15,000,000 for the Department of Energy; 
(2) $15,000,000 for the Nuclear Regulatory 
Commission; and
249 
(3) $15,000,000 for the National Nuclear Secu-
rity Administration. 
(c) Of the amounts authorized to carry out this sec-
tion, $10,000,000 shall be used by each organization to 
support university research and development in areas rel-
evant to their respective organization’s mission, and 
$5,000,000 shall be used by each organization to support 
a jointly implemented Nuclear Science and Engineering 
Grant Program that will support multiyear research 
projects that do not align with programmatic missions but 
are critical to maintaining the discipline of nuclear science 
and engineering. 
TITLE IV 
INDEPENDENT AGENCIES 
APPALACHIAN REGIONAL COMMISSION 
For expenses necessary to carry out the programs au-
thorized by the Appalachian Regional Development Act of 
1965, as amended, notwithstanding 40 U.S.C. 14704, 
and, for necessary expenses for the Federal Co-Chairman 
and the Alternate on the Appalachian Regional Commis-
sion, for payment of the Federal share of the administra-
tive expenses of the Commission, including services as au-
thorized by 5 U.S.C. 3109, and hire of passenger motor 
vehicles, $75,000,000, to remain available until expended: 
Provided, That any congressionally directed spending shall
250 
be taken from within that State’s allocation in the fiscal 
year in which it is provided. 
DEFENSE NUCLEAR FACILITIES SAFETY BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the Defense Nuclear Fa-
cilities Safety Board in carrying out activities authorized 
by the Atomic Energy Act of 1954, as amended by Public 
Law 100–456, section 1441, $25,000,000, to remain 
available until expended. 
DELTA REGIONAL AUTHORITY 
SALARIES AND EXPENSES 
For necessary expenses of the Delta Regional Author-
ity and to carry out its activities, as authorized by the 
Delta Regional Authority Act of 2000, as amended, not-
withstanding sections 382C(b)(2), 382F(d), 382M, and 
382N of said Act, $13,000,000, to remain available until 
expended. 
DENALI COMMISSION 
For expenses of the Denali Commission including the 
purchase, construction, and acquisition of plant and cap-
ital equipment as necessary and other expenses, 
$11,800,000, to remain available until expended, notwith-
standing the limitations contained in section 306(g) of the 
Denali Commission Act of 1998.
251 
NUCLEAR REGULATORY COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Commission in car-
rying out the purposes of the Energy Reorganization Act 
of 1974, as amended, and the Atomic Energy Act of 1954, 
as amended, including official representation expenses 
(not to exceed $25,000), $1,034,656,000, to remain avail-
able until expended: Provided, That of the amount appro-
priated herein, $49,000,000 shall be derived from the Nu-
clear Waste Fund: Provided further, That revenues from 
licensing fees, inspection services, and other services and 
collections estimated at $860,857,000 in fiscal year 2009 
shall be retained and used for necessary salaries and ex-
penses in this account, notwithstanding 31 U.S.C. 3302, 
and shall remain available until expended: Provided fur-
ther, That the sum herein appropriated shall be reduced 
by the amount of revenues received during fiscal year 
2009 so as to result in a final fiscal year 2009 appropria-
tion estimated at not more than $173,799,000: Provided 
further, That such funds as are made available for nec-
essary expenses of the Commission by this Act or any 
other Act may be used for the acquisition and lease of 
additional office space provided by the General Services 
Administration for personnel of the U.S. Nuclear Regu-
latory Commission as close as reasonably possible to the
252 
Commission’s headquarters location in Rockville, Mary-
land, and of such square footage and for such lease term, 
as are determined by the Commission to be necessary to 
maintain the agency’s regulatory effectiveness, efficiency, 
and emergency response capability: Provided further, That 
notwithstanding any other provision of law or any pre-
vailing practice, the acquisition and lease of space for such 
purpose shall, to the extent necessary to obtain the space, 
be based on the prevailing rates in the immediate vicinity 
of the Commission’s headquarters. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector 
General in carrying out the provisions of the Inspector 
General Act of 1978, $10,860,000, to remain available 
until expended: Provided, That revenues from licensing 
fees, inspection services, and other services and collections 
estimated at $9,774,000 in fiscal year 2009 shall be re-
tained and be available until expended, for necessary sala-
ries and expenses in this account, notwithstanding 31 
U.S.C. 3302: Provided further, That the sum herein ap-
propriated shall be reduced by the amount of revenues re-
ceived during fiscal year 2009 so as to result in a final 
fiscal year 2009 appropriation estimated at not more than 
$1,086,000.
253 
NUCLEAR WASTE TECHNICAL REVIEW BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the Nuclear Waste Tech-
nical Review Board, as authorized by Public Law 100– 
203, section 5051, $3,811,000, to be derived from the Nu-
clear Waste Fund, and to remain available until expended. 
OFFICE OF THE FEDERAL COORDINATOR FOR ALASKA 
NATURAL GAS TRANSPORTATION PROJECTS 
For necessary expenses for the Office of the Federal 
Coordinator for Alaska Natural Gas Transportation 
Projects pursuant to the Alaska Natural Gas Pipeline Act 
of 2004, $4,400,000: Provided, That any fees, charges, or 
commissions received pursuant to section 802 of Public 
Law 110–140 in fiscal year 2009 in excess of $4,660,000 
shall not be available for obligation until appropriated in 
a subsequent Act of Congress. 
TITLE V 
GENERAL PROVISIONS 
SEC. 501. None of the funds appropriated by this Act 
may be used in any way, directly or indirectly, to influence 
congressional action on any legislation or appropriation 
matters pending before Congress, other than to commu-
nicate to Members of Congress as described in 18 U.S.C. 
1913.
254 
SEC. 502. None of the funds made available in this 
Act may be transferred to any department, agency, or in-
strumentality of the United States Government, except 
pursuant to a transfer made by, or transfer authority pro-
vided in this Act or any other appropriation Act. 
This division may be cited as the ‘‘Energy and Water 
Development and Related Agencies Appropriations Act, 
2009’’. 
DIVISION D—FINANCIAL SERVICES AND GEN-
ERAL GOVERNMENT APPROPRIATIONS ACT, 
2009 
TITLE I 
DEPARTMENT OF THE TREASURY 
DEPARTMENTAL OFFICES 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Departmental Offices 
including operation and maintenance of the Treasury 
Building and Annex; hire of passenger motor vehicles; 
maintenance, repairs, and improvements of, and purchase 
of commercial insurance policies for, real properties leased 
or owned overseas, when necessary for the performance 
of official business, $278,870,000, of which not to exceed 
$21,619,000 is for executive direction program activities; 
not to exceed $45,910,000 is for economic policies and 
programs activities; not to exceed $36,039,000 is for fi-
255 
nancial policies and programs activities; not to exceed 
$62,098,000 is for terrorism and financial intelligence ac-
tivities; not to exceed $21,600,000 is for Treasury-wide 
management policies and programs activities; and not to 
exceed $91,604,000 is for administration programs activi-
ties: Provided, That the Secretary of the Treasury is au-
thorized to transfer funds appropriated for any program 
activity of the Departmental Offices to any other program 
activity of the Departmental Offices upon notification to 
the House and Senate Committees on Appropriations: 
Provided further, That no appropriation for any program 
activity shall be increased or decreased by more than 4 
percent by all such transfers: Provided further, That any 
change in funding greater than 4 percent shall be sub-
mitted for approval to the House and Senate Committees 
on Appropriations: Provided further, That of the amount 
appropriated 
under 
this 
heading, 
not 
to 
exceed 
$3,000,000, to remain available until September 30, 2010, 
is for information technology modernization requirements; 
not to exceed $200,000 is for official reception and rep-
resentation expenses; and not to exceed $258,000 is for 
unforeseen emergencies of a confidential nature, to be allo-
cated and expended under the direction of the Secretary 
of the Treasury and to be accounted for solely on his cer-
tificate: Provided further, That of the amount appro-
256 
priated under this heading, $5,232,443, to remain avail-
able until September 30, 2010, is for the Treasury-wide 
Financial Statement Audit and Internal Control Program, 
of which such amounts as may be necessary may be trans-
ferred to accounts of the Department’s offices and bureaus 
to conduct audits: Provided further, That this transfer au-
thority shall be in addition to any other provided in this 
Act: Provided further, That of the amount appropriated 
under this heading, $500,000, to remain available until 
September 30, 2010, is for secure space requirements: 
Provided further, That of the amount appropriated under 
this heading, $1,100,000, to remain available until Sep-
tember 30, 2010, is for salary and benefits for hiring of 
personnel whose work will require completion of a security 
clearance investigation in order to perform highly classi-
fied work to further the activities of the Office of Ter-
rorism and Financial Intelligence: Provided further, That 
of the amount appropriated under this heading, 
$3,400,000, to remain available until September 30, 2011, 
is to develop and implement programs within the Office 
of Critical Infrastructure Protection and Compliance Pol-
icy, including entering into cooperative agreements: Pro-
vided further, That of the amount appropriated under this 
heading $3,000,000 to remain available until September
257 
30, 2011, is for modernizing the Office of Debt Manage-
ment’s information technology. 
DEPARTMENT-WIDE SYSTEMS AND CAPITAL 
INVESTMENTS PROGRAMS 
(INCLUDING TRANSFER OF FUNDS) 
For development and acquisition of automatic data 
processing equipment, software, and services for the De-
partment of the Treasury, $26,975,000, to remain avail-
able 
until 
September 
30, 
2011: 
Provided, 
That 
$11,518,000 is for repairs to the Treasury Annex Build-
ing: Provided further, That these funds shall be trans-
ferred to accounts and in amounts as necessary to satisfy 
the requirements of the Department’s offices, bureaus, 
and other organizations: Provided further, That this trans-
fer authority shall be in addition to any other transfer au-
thority provided in this Act: Provided further, That none 
of the funds appropriated under this heading shall be used 
to support or supplement ‘‘Internal Revenue Service, Op-
erations Support’’ or ‘‘Internal Revenue Service, Business 
Systems Modernization’’. 
OFFICE OF INSPECTOR GENERAL 
SALARIES AND EXPENSES 
For necessary expenses of the Office of Inspector 
General in carrying out the provisions of the Inspector 
General Act of 1978, not to exceed $2,000,000 for official 
travel expenses, including hire of passenger motor vehicles;
258 
and not to exceed $100,000 for unforeseen emergencies 
of a confidential nature, to be allocated and expended 
under the direction of the Inspector General of the Treas-
ury, $26,125,000, of which not to exceed $2,500 shall be 
available for official reception and representation ex-
penses. 
TREASURY INSPECTOR GENERAL FOR TAX 
ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses of the Treasury Inspector 
General for Tax Administration in carrying out the In-
spector General Act of 1978, including purchase (not to 
exceed 150 for replacement only for police-type use) and 
hire of passenger motor vehicles (31 U.S.C. 1343(b)); 
services authorized by 5 U.S.C. 3109, at such rates as 
may be determined by the Inspector General for Tax Ad-
ministration; $146,083,000, of which not to exceed 
$6,000,000 shall be available for official travel expenses; 
of which not to exceed $500,000 shall be available for un-
foreseen emergencies of a confidential nature, to be allo-
cated and expended under the direction of the Inspector 
General for Tax Administration; and of which not to ex-
ceed $1,500 shall be available for official reception and 
representation expenses.
259 
FINANCIAL CRIMES ENFORCEMENT NETWORK 
SALARIES AND EXPENSES 
For necessary expenses of the Financial Crimes En-
forcement Network, including hire of passenger motor ve-
hicles; travel and training expenses of non-Federal and 
foreign government personnel to attend meetings and 
training concerned with domestic and foreign financial in-
telligence activities, law enforcement, and financial regula-
tion; not to exceed $14,000 for official reception and rep-
resentation expenses; and for assistance to Federal law en-
forcement agencies, with or without reimbursement, 
$91,465,000, of which not to exceed $16,340,000 shall re-
main available until September 30, 2011; and of which 
$9,178,000 shall remain available until September 30, 
2010: Provided, That funds appropriated in this account 
may be used to procure personal services contracts. 
TREASURY FORFEITURE FUND 
(RESCISSION) 
Of the unobligated balances available under this 
heading, $30,000,000 are rescinded. 
FINANCIAL MANAGEMENT SERVICE 
SALARIES AND EXPENSES 
For necessary expenses of the Financial Management 
Service, $239,785,000, of which not to exceed $9,220,000 
shall remain available until September 30, 2011, for infor-
260 
mation systems modernization initiatives; and of which not 
to exceed $2,500 shall be available for official reception 
and representation expenses. 
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU 
SALARIES AND EXPENSES 
For necessary expenses of carrying out section 1111 
of the Homeland Security Act of 2002, including hire of 
passenger motor vehicles, $99,065,000; of which not to ex-
ceed $6,000 for official reception and representation ex-
penses; not to exceed $50,000 for cooperative research and 
development programs for laboratory services; and provi-
sion of laboratory assistance to State and local agencies 
with or without reimbursement: Provided, That of the 
amount appropriated under this heading, $2,000,000, to 
remain available until September 30, 2010, is for informa-
tion technology management. 
UNITED STATES MINT 
UNITED STATES MINT PUBLIC ENTERPRISE FUND 
Pursuant to section 5136 of title 31, United States 
Code, the United States Mint is provided funding through 
the United States Mint Public Enterprise Fund for costs 
associated with the production of circulating coins, numis-
matic coins, and protective services, including both oper-
ating expenses and capital investments. The aggregate 
amount of new liabilities and obligations incurred during
261 
fiscal year 2009 under such section 5136 for circulating 
coinage and protective service capital investments of the 
United States Mint shall not exceed $42,150,000. 
BUREAU OF THE PUBLIC DEBT 
ADMINISTERING THE PUBLIC DEBT 
For necessary expenses connected with any public- 
debt issues of the United States, $187,352,000, of which 
not to exceed $2,500 shall be available for official recep-
tion and representation expenses, and of which not to ex-
ceed $2,000,000 shall remain available until September 
30, 2011, for systems modernization: Provided, That the 
sum appropriated herein from the general fund for fiscal 
year 2009 shall be reduced by not more than $10,000,000 
as definitive security issue fees and Legacy Treasury Di-
rect Investor Account Maintenance fees are collected, so 
as to result in a final fiscal year 2009 appropriation from 
the general fund estimated at $177,352,000. In addition, 
$90,000 to be derived from the Oil Spill Liability Trust 
Fund to reimburse the Bureau for administrative and per-
sonnel expenses for financial management of the Fund, 
as authorized by section 1012 of Public Law 101–380. 
COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS 
FUND PROGRAM ACCOUNT 
To carry out the Community Development Banking 
and Financial Institutions Act of 1994 (Public Law 103–
262 
325), including services authorized by 5 U.S.C. 3109, but 
at rates for individuals not to exceed the per diem rate 
equivalent to the rate for ES–3, $107,000,000, to remain 
available until September 30, 2010, of which $8,500,000 
shall be for financial assistance, technical assistance, 
training and outreach programs designed to benefit Native 
American, Native Hawaiian, and Alaskan Native commu-
nities and provided primarily through qualified community 
development lender organizations with experience and ex-
pertise in community development banking and lending in 
Indian country, Native American organizations, tribes and 
tribal 
organizations 
and 
other 
suitable 
providers, 
$2,000,000 shall be available for the pilot project grant 
program under section 1132(d) of division A of the Hous-
ing and Economic Recovery Act of 2008 (Public Law 110– 
289), up to $14,750,000 may be used for administrative 
expenses, including administration of the New Markets 
Tax Credit, up to $7,500,000 may be used for the cost 
of direct loans, and up to $250,000 may be used for ad-
ministrative expenses to carry out the direct loan program: 
Provided, That the cost of direct loans, including the cost 
of modifying such loans, shall be as defined in section 502 
of the Congressional Budget Act of 1974: Provided fur-
ther, That these funds are available to subsidize gross obli-
263 
gations for the principal amount of direct loans not to ex-
ceed $16,000,000. 
INTERNAL REVENUE SERVICE 
TAXPAYER SERVICES 
For necessary expenses of the Internal Revenue Serv-
ice to provide taxpayer services, including pre-filing assist-
ance and education, filing and account services, taxpayer 
advocacy services, and other services as authorized by 5 
U.S.C. 3109, at such rates as may be determined by the 
Commissioner, $2,293,000,000, of which not less than 
$5,100,000 shall be for the Tax Counseling for the Elderly 
Program, of which not less than $9,500,000 shall be avail-
able for low-income taxpayer clinic grants, of which not 
less than $8,000,000, to remain available until September 
30, 2010, shall be available for a Community Volunteer 
Income Tax Assistance matching grants demonstration 
program for tax return preparation assistance, and of 
which not less than $193,000,000 shall be available for 
operating expenses of the Taxpayer Advocate Service. 
ENFORCEMENT 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Internal Revenue Serv-
ice to determine and collect owed taxes, to provide legal 
and litigation support, to conduct criminal investigations, 
to enforce criminal statutes related to violations of inter-
nal revenue laws and other financial crimes, to purchase
264 
(for police-type use, not to exceed 850) and hire passenger 
motor vehicles (31 U.S.C. 1343(b)), and to provide other 
services as authorized by 5 U.S.C. 3109, at such rates 
as 
may 
be 
determined 
by 
the 
Commissioner, 
$5,117,267,000, of which not less than $57,252,000 shall 
be for the Interagency Crime and Drug Enforcement pro-
gram: Provided, That up to $10,000,000 may be trans-
ferred as necessary from this account to ‘‘Operations Sup-
port’’ solely for the purposes of the Interagency Crime and 
Drug Enforcement program: Provided further, That this 
transfer authority shall be in addition to any other trans-
fer authority provided in this Act. 
OPERATIONS SUPPORT 
For necessary expenses of the Internal Revenue Serv-
ice to support taxpayer services and enforcement pro-
grams, including rent payments; facilities services; print-
ing; postage; physical security; headquarters and other 
IRS-wide administration activities; research and statistics 
of income; telecommunications; information technology de-
velopment, enhancement, operations, maintenance, and se-
curity; the hire of passenger motor vehicles (31 U.S.C. 
1343(b)); and other services as authorized by 5 U.S.C. 
3109, at such rates as may be determined by the Commis-
sioner; $3,867,011,000, of which up to $75,000,000 shall 
remain available until September 30, 2010, for informa-
tion technology support; of which not to exceed
265 
$1,000,000 shall remain available until September 30, 
2011, for research; of which not less than $2,000,000 
shall be for the Internal Revenue Service Oversight Board; 
and of which not to exceed $25,000 shall be for official 
reception and representation. 
BUSINESS SYSTEMS MODERNIZATION 
For necessary expenses of the Internal Revenue Serv-
ice’s 
business 
systems 
modernization 
program, 
$229,914,000, to remain available until September 30, 
2011, for the capital asset acquisition of information tech-
nology systems, including management and related con-
tractual costs of said acquisitions, including related Inter-
nal Revenue Service labor costs, and contractual costs as-
sociated with operations authorized by 5 U.S.C. 3109: 
Provided, That, with the exception of labor costs, none of 
these funds may be obligated until the Internal Revenue 
Service submits to the Committees on Appropriations, and 
such Committees approve, a plan for expenditure that: (1) 
meets the capital planning and investment control review 
requirements established by the Office of Management 
and Budget, including Circular A–11; (2) complies with 
the Internal Revenue Service’s enterprise architecture, in-
cluding the modernization blueprint; (3) conforms with the 
Internal Revenue Service’s enterprise life cycle method-
ology; (4) is approved by the Internal Revenue Service, 
the Department of the Treasury, and the Office of Man-
266 
agement and Budget; (5) has been reviewed by the Gov-
ernment Accountability Office; and (6) complies with the 
acquisition rules, requirements, guidelines, and systems 
acquisition management practices of the Federal Govern-
ment. 
HEALTH INSURANCE TAX CREDIT ADMINISTRATION 
For expenses necessary to implement the health in-
surance tax credit included in the Trade Act of 2002 
(Public Law 107–210), $15,406,000. 
ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE 
SERVICE 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 101. Not to exceed 5 percent of any appropria-
tion made available in this Act to the Internal Revenue 
Service or not to exceed 3 percent of appropriations under 
the heading ‘‘Enforcement’’ may be transferred to any 
other Internal Revenue Service appropriation upon the ad-
vance approval of the Committees on Appropriations. 
SEC. 102. The Internal Revenue Service shall main-
tain a training program to ensure that Internal Revenue 
Service employees are trained in taxpayers’ rights, in deal-
ing courteously with taxpayers, and in cross-cultural rela-
tions. 
SEC. 103. The Internal Revenue Service shall insti-
tute and enforce policies and procedures that will safe-
guard the confidentiality of taxpayer information.
267 
SEC. 104. Funds made available by this or any other 
Act to the Internal Revenue Service shall be available for 
improved facilities and increased staffing to provide suffi-
cient and effective 1–800 help line service for taxpayers. 
The Commissioner shall continue to make the improve-
ment of the Internal Revenue Service 1–800 help line serv-
ice a priority and allocate resources necessary to increase 
phone lines and staff to improve the Internal Revenue 
Service 1–800 help line service. 
SEC. 105. Of the funds made available by this Act 
to the Internal Revenue Service, not less than 
$6,997,000,000 shall be available only for tax enforce-
ment. In addition, of the funds made available by this Act 
to the Internal Revenue Service, and subject to the same 
terms and conditions, $490,000,000 shall be available for 
enhanced tax law enforcement. 
SEC. 106. None of the funds made available in this 
Act may be used to enter into, renew, extend, administer, 
implement, enforce, or provide oversight of any qualified 
tax collection contract (as defined in section 6306 of the 
Internal Revenue Code of 1986).
268 
ADMINISTRATIVE PROVISIONS—DEPARTMENT OF THE 
TREASURY 
(INCLUDING TRANSFERS OF FUNDS) 
SEC. 107. Appropriations to the Department of the 
Treasury in this Act shall be available for uniforms or al-
lowances therefor, as authorized by law (5 U.S.C. 5901), 
including maintenance, repairs, and cleaning; purchase of 
insurance for official motor vehicles operated in foreign 
countries; purchase of motor vehicles without regard to the 
general purchase price limitations for vehicles purchased 
and used overseas for the current fiscal year; entering into 
contracts with the Department of State for the furnishing 
of health and medical services to employees and their de-
pendents serving in foreign countries; and services author-
ized by 5 U.S.C. 3109. 
SEC. 108. Not to exceed 2 percent of any appropria-
tions in this Act made available to the Departmental Of-
fices—Salaries and Expenses, Office of Inspector General, 
Financial Management Service, Alcohol and Tobacco Tax 
and Trade Bureau, Financial Crimes Enforcement Net-
work, and Bureau of the Public Debt, may be transferred 
between such appropriations upon the advance approval 
of the Committees on Appropriations: Provided, That no 
transfer may increase or decrease any such appropriation 
by more than 2 percent.
269 
SEC. 109. Not to exceed 2 percent of any appropria-
tion made available in this Act to the Internal Revenue 
Service may be transferred to the Treasury Inspector Gen-
eral for Tax Administration’s appropriation upon the ad-
vance approval of the Committees on Appropriations: Pro-
vided, That no transfer may increase or decrease any such 
appropriation by more than 2 percent. 
SEC. 110. Of the funds available for the purchase of 
law enforcement vehicles, no funds may be obligated until 
the Secretary of the Treasury certifies that the purchase 
by the respective Treasury bureau is consistent with de-
partmental vehicle management principles: Provided, That 
the Secretary may delegate this authority to the Assistant 
Secretary for Management. 
SEC. 111. None of the funds appropriated in this Act 
or otherwise available to the Department of the Treasury 
or the Bureau of Engraving and Printing may be used 
to redesign the $1 Federal Reserve note. 
SEC. 112. The Secretary of the Treasury may trans-
fer funds from Financial Management Service, Salaries 
and Expenses to the Debt Collection Fund as necessary 
to cover the costs of debt collection: Provided, That such 
amounts shall be reimbursed to such salaries and expenses 
account from debt collections received in the Debt Collec-
tion Fund.
270 
SEC. 113. Section 122(g)(1) of Public Law 105–119 
(5 U.S.C. 3104 note), is further amended by striking ‘‘10 
years’’ and inserting ‘‘11 years’’. 
SEC. 114. None of the funds appropriated or other-
wise made available by this or any other Act may be used 
by the United States Mint to construct or operate any mu-
seum without the explicit approval of the Committees on 
Appropriations of the House of Representatives and the 
Senate, the House Committee on Financial Services, and 
the Senate Committee on Banking, Housing, and Urban 
Affairs. 
SEC. 115. None of the funds appropriated or other-
wise made available by this or any other Act or source 
to the Department of the Treasury, the Bureau of Engrav-
ing and Printing, and the United States Mint, individually 
or collectively, may be used to consolidate any or all func-
tions of the Bureau of Engraving and Printing and the 
United States Mint without the explicit approval of the 
House Committee on Financial Services; the Senate Com-
mittee on Banking, Housing, and Urban Affairs; the 
House Committee on Appropriations; and the Senate 
Committee on Appropriations. 
SEC. 116. Funds appropriated by this Act, or made 
available by the transfer of funds in this Act, for the De-
partment of the Treasury’s intelligence or intelligence re-
271 
lated activities are deemed to be specifically authorized by 
the Congress for purposes of section 504 of the National 
Security Act of 1947 (50 U.S.C. 414) during fiscal year 
2009 until the enactment of the Intelligence Authorization 
Act for Fiscal Year 2009. 
SEC. 117. Not to exceed $5,000 shall be made avail-
able from the Bureau of Engraving and Printing’s Indus-
trial Revolving Fund for necessary official reception and 
representation expenses. 
This title may be cited as the ‘‘Department of the 
Treasury Appropriations Act, 2009’’. 
TITLE II 
EXECUTIVE OFFICE OF THE PRESIDENT AND 
FUNDS APPROPRIATED TO THE PRESIDENT 
COMPENSATION OF THE PRESIDENT 
For compensation of the President, including an ex-
pense allowance at the rate of $50,000 per annum as au-
thorized by 3 U.S.C. 102, $450,000: Provided, That none 
of the funds made available for official expenses shall be 
expended for any other purpose and any unused amount 
shall revert to the Treasury pursuant to section 1552 of 
title 31, United States Code.
272 
WHITE HOUSE OFFICE 
SALARIES AND EXPENSES 
For necessary expenses for the White House as au-
thorized by law, including not to exceed $3,850,000 for 
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; 
subsistence expenses as authorized by 3 U.S.C. 105, which 
shall be expended and accounted for as provided in that 
section; hire of passenger motor vehicles, newspapers, 
periodicals, teletype news service, and travel (not to exceed 
$100,000 to be expended and accounted for as provided 
by 3 U.S.C. 103); and not to exceed $19,000 for official 
entertainment expenses, to be available for allocation with-
in the Executive Office of the President; $53,899,000, of 
which $1,400,000 shall be for the Office of National AIDS 
Policy. 
EXECUTIVE RESIDENCE AT THE WHITE HOUSE 
OPERATING EXPENSES 
For the care, maintenance, repair and alteration, re-
furnishing, improvement, heating, and lighting, including 
electric power and fixtures, of the Executive Residence at 
the White House and official entertainment expenses of 
the President, $13,363,000, to be expended and accounted 
for as provided by 3 U.S.C. 105, 109, 110, and 112–114. 
REIMBURSABLE EXPENSES 
For the reimbursable expenses of the Executive Resi-
dence at the White House, such sums as may be nec-
273 
essary: Provided, That all reimbursable operating expenses 
of the Executive Residence shall be made in accordance 
with the provisions of this paragraph: Provided further, 
That, notwithstanding any other provision of law, such 
amount for reimbursable operating expenses shall be the 
exclusive authority of the Executive Residence to incur ob-
ligations and to receive offsetting collections, for such ex-
penses: Provided further, That the Executive Residence 
shall require each person sponsoring a reimbursable polit-
ical event to pay in advance an amount equal to the esti-
mated cost of the event, and all such advance payments 
shall be credited to this account and remain available until 
expended: Provided further, That the Executive Residence 
shall require the national committee of the political party 
of the President to maintain on deposit $25,000, to be 
separately accounted for and available for expenses relat-
ing to reimbursable political events sponsored by such 
committee during such fiscal year: Provided further, That 
the Executive Residence shall ensure that a written notice 
of any amount owed for a reimbursable operating expense 
under this paragraph is submitted to the person owing 
such amount within 60 days after such expense is in-
curred, and that such amount is collected within 30 days 
after the submission of such notice: Provided further, That 
the Executive Residence shall charge interest and assess
274 
penalties and other charges on any such amount that is 
not reimbursed within such 30 days, in accordance with 
the interest and penalty provisions applicable to an out-
standing debt on a United States Government claim under 
section 3717 of title 31, United States Code: Provided fur-
ther, That each such amount that is reimbursed, and any 
accompanying interest and charges, shall be deposited in 
the Treasury as miscellaneous receipts: Provided further, 
That the Executive Residence shall prepare and submit 
to the Committees on Appropriations, by not later than 
90 days after the end of the fiscal year covered by this 
Act, a report setting forth the reimbursable operating ex-
penses of the Executive Residence during the preceding 
fiscal year, including the total amount of such expenses, 
the amount of such total that consists of reimbursable offi-
cial and ceremonial events, the amount of such total that 
consists of reimbursable political events, and the portion 
of each such amount that has been reimbursed as of the 
date of the report: Provided further, That the Executive 
Residence shall maintain a system for the tracking of ex-
penses related to reimbursable events within the Executive 
Residence that includes a standard for the classification 
of any such expense as political or nonpolitical: Provided 
further, That no provision of this paragraph may be con-
strued to exempt the Executive Residence from any other
275 
applicable requirement of subchapter I or II of chapter 
37 of title 31, United States Code. 
WHITE HOUSE REPAIR AND RESTORATION 
For the repair, alteration, and improvement of the 
Executive Residence at the White House, $1,600,000, to 
remain available until expended, for required maintenance, 
safety and health issues, and continued preventative main-
tenance. 
COUNCIL OF ECONOMIC ADVISERS 
SALARIES AND EXPENSES 
For necessary expenses of the Council of Economic 
Advisers in carrying out its functions under the Employ-
ment Act of 1946 (15 U.S.C. 1021 et seq.), $4,118,000. 
OFFICE OF POLICY DEVELOPMENT 
SALARIES AND EXPENSES 
For necessary expenses of the Office of Policy Devel-
opment, including services as authorized by 5 U.S.C. 3109 
and 3 U.S.C. 107, $3,550,000. 
NATIONAL SECURITY COUNCIL 
SALARIES AND EXPENSES 
For necessary expenses of the National Security 
Council, including services as authorized by 5 U.S.C. 
3109, $9,029,000.
276 
OFFICE OF ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses of the Office of Administra-
tion, including services as authorized by 5 U.S.C. 3109 
and 3 U.S.C. 107, and hire of passenger motor vehicles, 
$101,333,000, of which not less than $5,700,000 shall be 
for e-mail restoration activities, and of which $11,923,000 
shall remain available until expended for continued mod-
ernization of the information technology infrastructure 
within the Executive Office of the President. 
OFFICE OF MANAGEMENT AND BUDGET 
SALARIES AND EXPENSES 
For necessary expenses of the Office of Management 
and Budget, including hire of passenger motor vehicles 
and services as authorized by 5 U.S.C. 3109 and to carry 
out the provisions of chapter 35 of title 44, United States 
Code, $87,972,000, of which not to exceed $3,000 shall 
be available for official representation expenses: Provided, 
That none of the funds appropriated in this Act for the 
Office of Management and Budget may be used for the 
purpose of reviewing any agricultural marketing orders or 
any activities or regulations under the provisions of the 
Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 
601 et seq.): Provided further, That none of the funds 
made available for the Office of Management and Budget
277 
by this Act may be expended for the altering of the tran-
script of actual testimony of witnesses, except for testi-
mony of officials of the Office of Management and Budget, 
before the Committees on Appropriations or their sub-
committees: Provided further, That none of the funds pro-
vided in this or prior Acts shall be used, directly or indi-
rectly, by the Office of Management and Budget, for eval-
uating or determining if water resource project or study 
reports submitted by the Chief of Engineers acting 
through the Secretary of the Army are in compliance with 
all applicable laws, regulations, and requirements relevant 
to the Civil Works water resource planning process: Pro-
vided further, That the Office of Management and Budget 
shall have not more than 60 days in which to perform 
budgetary policy reviews of water resource matters on 
which the Chief of Engineers has reported: Provided fur-
ther, That the Director of the Office of Management and 
Budget shall notify the appropriate authorizing and ap-
propriating committees when the 60-day review is initi-
ated: Provided further, That if water resource reports have 
not been transmitted to the appropriate authorizing and 
appropriating committees within 15 days after the end of 
the Office of Management and Budget review period based 
on the notification from the Director, Congress shall as-
278 
sume Office of Management and Budget concurrence with 
the report and act accordingly. 
OFFICE OF NATIONAL DRUG CONTROL POLICY 
SALARIES AND EXPENSES 
For necessary expenses of the Office of National 
Drug Control Policy; for research activities pursuant to 
the Office of National Drug Control Policy Reauthoriza-
tion Act of 2006 (Public Law 109–469); not to exceed 
$10,000 for official reception and representation expenses; 
and for participation in joint projects or in the provision 
of services on matters of mutual interest with nonprofit, 
research, or public organizations or agencies, with or with-
out reimbursement, $27,200,000; of which $1,300,000 
shall remain available until expended for policy research 
and evaluation: Provided, That the Office is authorized to 
accept, hold, administer, and utilize gifts, both real and 
personal, public and private, without fiscal year limitation, 
for the purpose of aiding or facilitating the work of the 
Office. 
COUNTERDRUG TECHNOLOGY ASSESSMENT CENTER 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses for the Counterdrug Tech-
nology Assessment Center for research activities pursuant 
to the Office of National Drug Control Policy Reauthor-
ization Act of 2006 (Public Law 109–469), $3,000,000, 
which shall remain available until expended for counter-
279 
narcotics research and development projects: Provided, 
That such amount shall be available for transfer to other 
Federal departments or agencies: Provided further, That 
the Office of National Drug Control Policy shall submit 
for approval by the Committees on Appropriations of the 
House of Representatives and the Senate, a detailed 
spending plan for the use of these funds no later than 
90 days after enactment of this Act. 
FEDERAL DRUG CONTROL PROGRAMS 
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses of the Office of National 
Drug Control Policy’s High Intensity Drug Trafficking 
Areas Program, $234,000,000, to remain available until 
September 30, 2010, for drug control activities consistent 
with the approved strategy for each of the designated 
High Intensity Drug Trafficking Areas, of which no less 
than 51 percent shall be transferred to State and local 
entities for drug control activities, which shall be obligated 
within 120 days after enactment of this Act: Provided, 
That up to 49 percent may be transferred to Federal 
agencies and departments at a rate to be determined by 
the Director, of which up to $2,100,000 may be used for 
auditing services and associated activities, and up to 
$250,000 of the $2,100,000 shall be used to ensure the 
continued operation and maintenance of the Performance
280 
Management System: Provided further, That High Inten-
sity Drug Trafficking Areas Programs designated as of 
September 30, 2008, shall be funded at no less than the 
fiscal year 2008 initial allocation levels (as revised by the 
letter from the Director of the Office of National Drug 
Control Policy to the Committees on Appropriations of the 
House of Representatives and the Senate dated April 8, 
2008) or $3,000,000, whichever is greater, unless the Di-
rector submits to the Committees on Appropriations of the 
House of Representatives and the Senate, and the Com-
mittees approve, justification for changes in those levels 
based on clearly articulated priorities for the High Inten-
sity Drug Trafficking Areas Programs, as well as pub-
lished Office of National Drug Control Policy performance 
measures of effectiveness: Provided further, That no High 
Intensity Drug Trafficking Area shall receive more than 
$47,457,447 as its fiscal year 2009 initial allocation level: 
Provided further, That, notwithstanding the requirements 
of Public Law 106–58, any unexpended funds obligated 
prior to fiscal year 2007 for programs addressing the 
treatment or prevention of drug use as part of the ap-
proved strategy for a designated High Intensity Drug 
Trafficking Area may be used for other approved activities 
of that High Intensity Drug Trafficking Area: Provided 
further, That the Office of National Drug Control Policy
281 
(ONDCP) shall notify the Committees on Appropriations 
of the House of Representatives and the Senate of the ini-
tial High-Intensity Drug Trafficking Area (HIDTA) allo-
cation funding within 45 days after the enactment of this 
Act: Provided further, That ONDCP shall submit rec-
ommendations for approval to the Committees on Appro-
priations for the use of discretionary HIDTA funding, ac-
cording to a framework proposed jointly by the HIDTA 
Directors and ONDCP, within 90 days after the enact-
ment of this Act. 
OTHER FEDERAL DRUG CONTROL PROGRAMS 
(INCLUDING TRANSFER OF FUNDS) 
For activities to support a national anti-drug cam-
paign for youth, and for other purposes, authorized by the 
Office of National Drug Control Policy Reauthorization 
Act of 2006 (Public Law 109–469), $174,700,000, to re-
main available until expended, of which the amounts are 
available as follows: $70,000,000 to support a national 
media campaign, of which at least $8,000,000 shall be 
designated for methamphetamine prevention messages: 
Provided, That the Office of National Drug Control Policy 
shall maintain funding for non-advertising services for the 
media campaign at no less than the fiscal year 2003 ratio 
of service funding to total funds and shall continue the 
corporate outreach program; $90,000,000 to continue a 
program of matching grants to drug-free communities, of
282 
which $2,000,000 shall be made available as directed by 
section 4 of Public Law 107–82, as amended by Public 
Law 109–469 (21 U.S.C. 1521 note): Provided further, 
That any grantee seeking a renewal grant (year 2 through 
5, or year 7 through 10) that is determined to be ineligible 
or not entitled to continuation funding for any reason, 
shall be afforded a fair, timely, and independent appeal 
prior to the beginning of the subsequent funding year be-
fore being denied a renewal grant; $1,250,000 for the Na-
tional Drug Court Institute; $9,800,000 for the United 
States Anti-Doping Agency for anti-doping activities; 
$1,900,000 for the United States membership dues to the 
World Anti-Doping Agency; $1,250,000 for the National 
Alliance for Model State Drug Laws; and $500,000 for 
evaluations and research related to National Drug Control 
Program performance measures: Provided further, That 
such funds may be transferred to other Federal depart-
ments and agencies to carry out such activities: Provided 
further, That of the amounts appropriated for a national 
media campaign, not to exceed 10 percent shall be for ad-
ministration, advertising production, research and testing, 
labor, and related costs of the national media campaign. 
UNANTICIPATED NEEDS 
For expenses necessary to enable the President to 
meet unanticipated needs, in furtherance of the national
283 
interest, security, or defense which may arise at home or 
abroad during the current fiscal year, as authorized by 
3 U.S.C. 108, $1,000,000, to remain available until Sep-
tember 30, 2010. 
PRESIDENTIAL TRANSITION ADMINISTRATIVE SUPPORT 
(INCLUDING TRANSFER OF FUNDS) 
For expenses of the Office of Administration to carry 
out the Presidential Transition Act of 1963 and similar 
expenses, in addition to amounts otherwise appropriated 
by law, $8,000,000; Provided, That such funds may be 
transferred to other accounts that provide funding for of-
fices within the Executive Office of the President and the 
Office of the Vice President in this Act or any other Act, 
to carry out such purposes. 
SPECIAL ASSISTANCE TO THE PRESIDENT 
SALARIES AND EXPENSES 
For necessary expenses to enable the Vice President 
to provide assistance to the President in connection with 
specially assigned functions; services as authorized by 5 
U.S.C. 3109 and 3 U.S.C. 106, including subsistence ex-
penses as authorized by 3 U.S.C. 106, which shall be ex-
pended and accounted for as provided in that section; and 
hire of passenger motor vehicles, $4,496,000.
284 
OFFICIAL RESIDENCE OF THE VICE PRESIDENT 
OPERATING EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For the care, operation, refurnishing, improvement, 
and to the extent not otherwise provided for, heating and 
lighting, including electric power and fixtures, of the offi-
cial residence of the Vice President; the hire of passenger 
motor vehicles; and not to exceed $90,000 for official en-
tertainment expenses of the Vice President, to be ac-
counted for solely on his certificate, $323,000: Provided, 
That advances or repayments or transfers from this ap-
propriation may be made to any department or agency for 
expenses of carrying out such activities. 
ADMINISTRATIVE PROVISIONS—EXECUTIVE OFFICE OF 
THE PRESIDENT
AND FUNDS APPROPRIATED
TO 
THE PRESIDENT 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 201. From funds made available in this Act 
under the headings ‘‘White House Office’’, ‘‘Executive 
Residence at the White House’’, ‘‘White House Repair and 
Restoration’’, ‘‘Council of Economic Advisors’’, ‘‘National 
Security Council’’, ‘‘Office of Administration’’, ‘‘Office of 
Policy Development’’, ‘‘Special Assistance to the Presi-
dent’’, and ‘‘Official Residence of the Vice President’’, the 
Director of the Office of Management and Budget (or 
such other officer as the President may designate in writ-
285 
ing), may, 15 days after giving notice to the Committees 
on Appropriations of the House of Representatives and the 
Senate, transfer not to exceed 10 percent of any such ap-
propriation to any other such appropriation, to be merged 
with and available for the same time and for the same 
purposes as the appropriation to which transferred: Pro-
vided, That the amount of an appropriation shall not be 
increased by more than 50 percent by such transfers: Pro-
vided further, That no amount shall be transferred from 
‘‘Special Assistance to the President’’ or ‘‘Official Resi-
dence of the Vice President’’ without the approval of the 
Vice President. 
SEC. 202. The President shall submit to the Commit-
tees on Appropriations of the House of Representatives 
and the Senate not later than 60 days after the date of 
the enactment of this Act, and prior to the initial obliga-
tion of funds appropriated under the heading ‘‘Office of 
National Drug Control Policy’’, a detailed narrative and 
financial plan on the proposed uses of all funds under the 
heading by program, project, and activity, for which the 
obligation of funds is anticipated: Provided, That up to 
20 percent of funds appropriated under this heading may 
be obligated before the submission of the report subject 
to prior approval of the Committees on Appropriations: 
Provided further, That the report shall be updated and
286 
submitted to the Committees on Appropriations every 6 
months and shall include information detailing how the 
estimates and assumptions contained in previous reports 
have changed: Provided further, That any new projects 
and changes in funding of ongoing projects shall be sub-
ject to the prior approval of the Committees on Appropria-
tions. 
SEC. 203. Not to exceed 2 percent of any appropria-
tions in this Act made available to the Office of National 
Drug Control Policy may be transferred between appro-
priated programs upon the advance approval of the Com-
mittees on Appropriations: Provided, That no transfer 
may increase or decrease any such appropriation by more 
than 3 percent. 
SEC. 204. Not to exceed $1,000,000 of any appro-
priations in this Act made available to the Office of Na-
tional Drug Control Policy may be reprogrammed within 
a program, project, or activity upon the advance approval 
of the Committees on Appropriations. 
This title may be cited as the ‘‘Executive Office of 
the President Appropriations Act, 2009’’.
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TITLE III 
THE JUDICIARY 
SUPREME COURT OF THE UNITED STATES 
SALARIES AND EXPENSES 
For expenses necessary for the operation of the Su-
preme Court, as required by law, excluding care of the 
building and grounds, including purchase or hire, driving, 
maintenance, and operation of an automobile for the Chief 
Justice, not to exceed $10,000 for the purpose of trans-
porting Associate Justices, and hire of passenger motor 
vehicles as authorized by 31 U.S.C. 1343 and 1344; not 
to exceed $10,000 for official reception and representation 
expenses; and for miscellaneous expenses, to be expended 
as the Chief Justice may approve, $69,777,000, of which 
$2,000,000 shall remain available until expended. 
CARE OF THE BUILDING AND GROUNDS 
For such expenditures as may be necessary to enable 
the Architect of the Capitol to carry out the duties im-
posed upon the Architect by the Act approved May 7, 
1934 (40 U.S.C. 13a–13b), $18,447,000, which shall re-
main available until expended.
290 
fendant has waived representation by counsel; the com-
pensation and reimbursement of travel expenses of guard-
ians ad litem acting on behalf of financially eligible minor 
or incompetent offenders in connection with transfers 
from the United States to foreign countries with which 
the United States has a treaty for the execution of penal 
sentences; the compensation and reimbursement of ex-
penses of attorneys appointed to represent jurors in civil 
actions for the protection of their employment, as author-
ized by 28 U.S.C. 1875(d); the compensation and reim-
bursement of expenses of attorneys appointed under 18 
U.S.C. 983(b)(1) in connection with certain judicial civil 
forfeiture proceedings; and for necessary training and gen-
eral administrative expenses, $849,400,000, to remain 
available until expended. 
FEES OF JURORS AND COMMISSIONERS 
For fees and expenses of jurors as authorized by 28 
U.S.C. 1871 and 1876; compensation of jury commis-
sioners as authorized by 28 U.S.C. 1863; and compensa-
tion of commissioners appointed in condemnation cases 
pursuant to rule 71A(h) of the Federal Rules of Civil Pro-
cedure (28 U.S.C. Appendix Rule 71A(h)), $62,206,000, 
to remain available until expended: Provided, That the 
compensation of land commissioners shall not exceed the 
daily equivalent of the highest rate payable under section 
5332 of title 5, United States Code.
291 
COURT SECURITY 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses, not otherwise provided for, 
incident to the provision of protective guard services for 
United States courthouses and other facilities housing 
Federal court operations, and the procurement, installa-
tion, and maintenance of security systems and equipment 
for United States courthouses and other facilities housing 
Federal court operations, including building ingress-egress 
control, inspection of mail and packages, directed security 
patrols, perimeter security, basic security services provided 
by the Federal Protective Service, and other similar activi-
ties as authorized by section 1010 of the Judicial Improve-
ment and Access to Justice Act (Public Law 100–702), 
$428,858,000, of which not to exceed $15,000,000 shall 
remain available until expended, to be expended directly 
or transferred to the United States Marshals Service, 
which shall be responsible for administering the Judicial 
Facility Security Program consistent with standards or 
guidelines agreed to by the Director of the Administrative 
Office of the United States Courts and the Attorney Gen-
eral.
292 
ADMINISTRATIVE OFFICE OF THE UNITED STATES 
COURTS 
SALARIES AND EXPENSES 
For necessary expenses of the Administrative Office 
of the United States Courts as authorized by law, includ-
ing travel as authorized by 31 U.S.C. 1345, hire of a pas-
senger motor vehicle as authorized by 31 U.S.C. 1343(b), 
advertising and rent in the District of Columbia and else-
where, $79,049,000, of which not to exceed $8,500 is au-
thorized for official reception and representation expenses. 
FEDERAL JUDICIAL CENTER 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Judicial Cen-
ter, as authorized by Public Law 90–219, $25,725,000; 
of which $1,800,000 shall remain available through Sep-
tember 30, 2010, to provide education and training to 
Federal court personnel; and of which not to exceed 
$1,500 is authorized for official reception and representa-
tion expenses. 
JUDICIAL RETIREMENT FUNDS 
PAYMENT TO JUDICIARY TRUST FUNDS 
For payment to the Judicial Officers’ Retirement 
Fund, as authorized by 28 U.S.C. 377(o), $65,340,000; 
to the Judicial Survivors’ Annuities Fund, as authorized 
by 28 U.S.C. 376(c), $6,600,000; and to the United
293 
States Court of Federal Claims Judges’ Retirement Fund, 
as authorized by 28 U.S.C. 178(l), $4,200,000. 
UNITED STATES SENTENCING COMMISSION 
SALARIES AND EXPENSES 
For the salaries and expenses necessary to carry out 
the provisions of chapter 58 of title 28, United States 
Code, $16,225,000, of which not to exceed $1,000 is au-
thorized for official reception and representation expenses. 
ADMINISTRATIVE PROVISIONS—THE JUDICIARY 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 301. Appropriations and authorizations made in 
this title which are available for salaries and expenses shall 
be available for services as authorized by 5 U.S.C. 3109. 
SEC. 302. Not to exceed 5 percent of any appropria-
tion made available for the current fiscal year for the Judi-
ciary in this Act may be transferred between such appro-
priations, but no such appropriation, except ‘‘Courts of 
Appeals, District Courts, and Other Judicial Services, De-
fender Services’’ and ‘‘Courts of Appeals, District Courts, 
and Other Judicial Services, Fees of Jurors and Commis-
sioners’’, shall be increased by more than 10 percent by 
any such transfers: Provided, That any transfer pursuant 
to this section shall be treated as a reprogramming of 
funds under sections 604 and 608 of this Act and shall
294 
not be available for obligation or expenditure except in 
compliance with the procedures set forth in section 608. 
SEC. 303. Notwithstanding any other provision of 
law, the salaries and expenses appropriation for ‘‘Courts 
of Appeals, District Courts, and Other Judicial Services’’ 
shall be available for official reception and representation 
expenses of the Judicial Conference of the United States: 
Provided, That such available funds shall not exceed 
$11,000 and shall be administered by the Director of the 
Administrative Office of the United States Courts in the 
capacity as Secretary of the Judicial Conference. 
SEC. 304. Within 90 days after the date of the enact-
ment of this Act, the Administrative Office of the U.S. 
Courts shall submit to the Committees on Appropriations 
a comprehensive financial plan for the Judiciary allocating 
all sources of available funds including appropriations, fee 
collections, and carryover balances, to include a separate 
and detailed plan for the Judiciary Information Tech-
nology Fund. 
SEC. 305. Section 3314(a) of title 40, United States 
Code, shall be applied by substituting ‘‘Federal’’ for ‘‘exec-
utive’’ each place it appears. 
SEC. 306. In accordance with 28 U.S.C. 561–569, 
and notwithstanding any other provision of law, the 
United States Marshals Service shall provide, for such
295 
courthouses as its Director may designate in consultation 
with the Director of the Administrative Office of the 
United States Courts, for purposes of a pilot program, the 
security services that 40 U.S.C. 1315 authorizes the De-
partment of Homeland Security to provide, except for the 
services specified in 40 U.S.C. 1315(b)(2)(E). For build-
ing-specific security services at these courthouses, the Di-
rector of the Administrative Office of the United States 
Courts shall reimburse the United States Marshals Service 
rather than the Department of Homeland Security. 
SEC. 307. (a). IN GENERAL.—Section 604(a)(5) of 
title 28, United States Code, is amended by striking 
‘‘magistrate judges appointed under section 631 of this 
title,’’ and inserting the following: ‘‘, United States mag-
istrate judges, bankruptcy judges appointed under chapter 
6 of this title, judges of the District Court of Guam, 
judges of the District Court for the Northern Mariana Is-
lands, judges of the District Court of the Virgin Islands, 
bankruptcy judges and magistrate judges retired under 
section 377 of this title, and judges retired under section 
373 of this title, who are’’. 
(b) CONSTRUCTION.—For purposes of construing 
and applying chapter 87 of title 5, United States Code, 
including any adjustment of insurance rates by regulation 
or otherwise, the following categories of judicial officers