IB 
Union Calendar No. 73 
111TH CONGRESS 
1ST SESSION H. R. 2847 
[Report No. 111–149] 
Making appropriations for the Departments of Commerce and Justice, and 
Science, and Related Agencies for the fiscal year ending September 
30, 2010, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 12, 2009 
Mr. MOLLOHAN, from the Committee on Appropriations, reported the fol-
lowing bill; which was committed to the Committee of the Whole House 
on the State of the Union and ordered to be printed 
A BILL 
Making appropriations for the Departments of Commerce 
and Justice, and Science, and Related Agencies for the 
fiscal year ending September 30, 2010, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
That the following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated, for the 
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fiscal year ending September 30, 2010, and for other pur-
poses, namely: 
TITLE I 
DEPARTMENT OF COMMERCE 
INTERNATIONAL TRADE ADMINISTRATION 
OPERATIONS AND ADMINISTRATION 
For necessary expenses for international trade activi-
ties of the Department of Commerce provided for by law, 
and for engaging in trade promotional activities abroad, 
including expenses of grants and cooperative agreements 
for the purpose of promoting exports of United States 
firms, without regard to 44 U.S.C. 3702 and 3703; full 
medical coverage for dependent members of immediate 
families of employees stationed overseas and employees 
temporarily posted overseas; travel and transportation of 
employees of the International Trade Administration be-
tween two points abroad, without regard to 49 U.S.C. 
40118; employment of Americans and aliens by contract 
for services; rental of space abroad for periods not exceed-
ing 10 years, and expenses of alteration, repair, or im-
provement; purchase or construction of temporary de-
mountable exhibition structures for use abroad; payment 
of tort claims, in the manner authorized in the first para-
graph of 28 U.S.C. 2672 when such claims arise in foreign 
countries; not to exceed $327,000 for official representa-
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tion expenses abroad; purchase of passenger motor vehi-
cles for official use abroad, not to exceed $45,000 per vehi-
cle; obtaining insurance on official motor vehicles; and 
rental of tie lines, $444,504,000, to remain available until 
September 30, 2011, of which $9,439,000 is to be derived 
from fees to be retained and used by the International 
Trade Administration, notwithstanding 31 U.S.C. 3302: 
Provided, That not less than $7,000,000 shall be for the 
Office of China Compliance, and not less than $4,400,000 
shall be for the China Countervailing Duty Group: Pro-
vided further, That the provisions of the first sentence of 
section 105(f) and all of section 108(c) of the Mutual Edu-
cational and Cultural Exchange Act of 1961 (22 U.S.C. 
2455(f) and 2458(c)) shall apply in carrying out these ac-
tivities without regard to section 5412 of the Omnibus 
Trade and Competitiveness Act of 1988 (15 U.S.C. 4912); 
and that for the purpose of this Act, contributions under 
the provisions of the Mutual Educational and Cultural Ex-
change Act of 1961 shall include payment for assessments 
for services provided as part of these activities: Provided 
further, That negotiations shall be conducted within the 
World Trade Organization to recognize the right of mem-
bers to distribute monies collected from antidumping and 
countervailing duties: Provided further, That negotiations 
shall be conducted within the World Trade Organization 
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consistent with the negotiating objectives contained in the 
Trade Act of 2002, Public Law 107–210: Provided further, 
That within the amounts appropriated, $3,715,000 shall 
be used for the projects, and in the amounts, specified in 
the table titled ‘‘Congressionally-designated items’’ in the 
report of the Committee on Appropriations of the House 
of Representatives to accompany this Act. 
BUREAU OF INDUSTRY AND SECURITY 
OPERATIONS AND ADMINISTRATION 
For necessary expenses for export administration and 
national security activities of the Department of Com-
merce, including costs associated with the performance of 
export administration field activities both domestically and 
abroad; full medical coverage for dependent members of 
immediate families of employees stationed overseas; em-
ployment of Americans and aliens by contract for services 
abroad; payment of tort claims, in the manner authorized 
in the first paragraph of 28 U.S.C. 2672 when such claims 
arise in foreign countries; not to exceed $15,000 for offi-
cial representation expenses abroad; awards of compensa-
tion to informers under the Export Administration Act of 
1979, and as authorized by 22 U.S.C. 401(b); and pur-
chase of passenger motor vehicles for official use and 
motor vehicles for law enforcement use with special re-
quirement vehicles eligible for purchase without regard to 
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any price limitation otherwise established by law, 
$100,342,000, to remain available until expended, of 
which $14,767,000 shall be for inspections and other ac-
tivities related to national security: Provided, That the 
provisions of the first sentence of section 105(f) and all 
of section 108(c) of the Mutual Educational and Cultural 
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) 
shall apply in carrying out these activities: Provided fur-
ther, That payments and contributions collected and ac-
cepted for materials or services provided as part of such 
activities may be retained for use in covering the cost of 
such activities, and for providing information to the public 
with respect to the export administration and national se-
curity activities of the Department of Commerce and other 
export control programs of the United States and other 
governments. 
ECONOMIC DEVELOPMENT ADMINISTRATION 
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS 
For grants for economic development assistance as 
provided by the Public Works and Economic Development 
Act of 1965, and for trade adjustment assistance, 
$255,000,000, to remain available until expended. 
SALARIES AND EXPENSES 
For necessary expenses of administering the eco-
nomic development assistance programs as provided for by 
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law, $38,000,000: Provided, That these funds may be used 
to monitor projects approved pursuant to title I of the 
Public Works Employment Act of 1976, title II of the 
Trade Act of 1974, and the Community Emergency 
Drought Relief Act of 1977. 
MINORITY BUSINESS DEVELOPMENT AGENCY 
MINORITY BUSINESS DEVELOPMENT 
For necessary expenses of the Department of Com-
merce in fostering, promoting, and developing minority 
business enterprise, including expenses of grants, con-
tracts, and other agreements with public or private organi-
zations, $31,000,000: Provided, That within the amounts 
appropriated, $900,000 shall be used for the projects, and 
in the amounts, specified in the table titled ‘‘Congression-
ally-designated items’’ in the report of the Committee on 
Appropriations of the House of Representatives to accom-
pany this Act. 
ECONOMIC AND STATISTICAL ANALYSIS 
SALARIES AND EXPENSES 
For necessary expenses, as authorized by law, of eco-
nomic and statistical analysis programs of the Department 
of Commerce, $97,255,000, to remain available until Sep-
tember 30, 2011. 
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BUREAU OF THE CENSUS 
SALARIES AND EXPENSES 
For expenses necessary for collecting, compiling, ana-
lyzing, preparing, and publishing statistics, provided for 
by law, $259,024,000. 
PERIODIC CENSUSES AND PROGRAMS 
For necessary expenses to collect and publish statis-
tics for periodic censuses and programs provided for by 
law, $7,115,707,000, of which $206,000,000 shall be de-
rived from available unobligated balances previously ap-
propriated under this heading, to remain available until 
September 30, 2011: Provided, That none of the funds 
provided in this or any other Act for any fiscal year may 
be used for the collection of census data on race identifica-
tion that does not include ‘‘some other race’’ as a category: 
Provided further, That from amounts provided herein, 
funds may be used for additional promotion, outreach, and 
marketing activities. 
NATIONAL TELECOMMUNICATIONS AND INFORMATION 
ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses, as provided for by law, of 
the National Telecommunications and Information Ad-
ministration (NTIA), $19,999,000, to remain available 
until September 30, 2011: Provided, That, notwith-
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standing 31 U.S.C. 1535(d), the Secretary of Commerce 
shall charge Federal agencies for costs incurred in spec-
trum management, analysis, operations, and related serv-
ices, and such fees shall be retained and used as offsetting 
collections for costs of such spectrum services, to remain 
available until expended: Provided further, That the Sec-
retary of Commerce is authorized to retain and use as off-
setting collections all funds transferred, or previously 
transferred, from other Government agencies for all costs 
incurred in telecommunications research, engineering, and 
related activities by the Institute for Telecommunication 
Sciences of NTIA, in furtherance of its assigned functions 
under this paragraph, and such funds received from other 
Government agencies shall remain available until ex-
pended. 
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING 
AND CONSTRUCTION 
For the administration of grants, authorized by sec-
tion 
392 
of 
the 
Communications 
Act 
of 
1934, 
$20,000,000, to remain available until expended as au-
thorized by section 391 of the Act: Provided, That not to 
exceed $2,000,000 shall be available for program adminis-
tration as authorized by section 391 of the Act: Provided 
further, That, notwithstanding the provisions of section 
391 of the Act, the prior year unobligated balances may 
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be made available for grants for projects for which appli-
cations have been submitted and approved during any fis-
cal year. 
UNITED STATES PATENT AND TRADEMARK OFFICE 
SALARIES AND EXPENSES 
For necessary expenses of the United States Patent 
and Trademark Office (USPTO) provided for by law, in-
cluding defense of suits instituted against the Under Sec-
retary of Commerce for Intellectual Property and Director 
of the United States Patent and Trademark Office, 
$1,930,361,000, to remain available until expended: Pro-
vided, That the sum herein appropriated from the general 
fund shall be reduced as offsetting collections assessed and 
collected pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 
and 376 are received during fiscal year 2010, so as to re-
sult in a fiscal year 2010 appropriation from the general 
fund estimated at $0: Provided further, That during fiscal 
year 2010, should the total amount of offsetting fee collec-
tions be less than $1,930,361,000, this amount shall be 
reduced accordingly: Provided further, That any amount 
received in excess of $1,930,361,000 in fiscal year 2010, 
in an amount up to $100,000,000 shall remain available 
until expended: Provided further, That from amounts pro-
vided herein, not to exceed $1,000 shall be made available 
in fiscal year 2010 for official reception and representa-
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tion expenses: Provided further, That in fiscal year 2010 
and hereafter, from the amounts made available for ‘‘Sala-
ries and Expenses’’ for the USPTO, the amounts nec-
essary to pay: (1) the difference between the percentage 
of basic pay contributed by the USPTO and employees 
under section 8334(a) of title 5, United States Code, and 
the normal cost percentage (as defined by section 
8331(17) of that title) of basic pay, of employees subject 
to subchapter III of chapter 83 of that title; and (2) the 
present value of the otherwise unfunded accruing costs, 
as determined by the Office of Personnel Management, of 
post-retirement life insurance and post-retirement health 
benefits coverage for all USPTO employees, shall be trans-
ferred to the Civil Service Retirement and Disability 
Fund, the Employees Life Insurance Fund, and the Em-
ployees Health Benefits Fund, as appropriate, and shall 
be available for the authorized purposes of those accounts: 
Provided further, That sections 801, 802, and 803 of divi-
sion B, Public Law 108–447 shall remain in effect during 
fiscal year 2010: Provided further, That the Director may, 
this year, reduce by regulation fees payable for documents 
in patent and trademark matters, in connection with the 
filing of documents filed electronically in a form prescribed 
by the Director: Provided further, That from the amounts 
provided herein, no less than $4,000,000 shall be available 
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only for the USPTO contribution in a cooperative or joint 
agreement or agreements with a non-profit organization 
or organizations, successfully audited within the previous 
year, and with previous experience in such programs, to 
conduct policy studies, including studies relating to activi-
ties of United Nations Specialized agencies and other 
international organizations, as well as conferences and 
other development programs, in support of fair inter-
national protection of intellectual property rights. 
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES 
For necessary expenses of the National Institute of 
Standards and Technology, $510,000,000, to remain 
available until expended, of which not to exceed 
$9,000,000 may be transferred to the ‘‘Working Capital 
Fund’’: Provided, That not to exceed $10,000 shall be for 
official reception and representation expenses. 
INDUSTRIAL TECHNOLOGY SERVICES 
For necessary expenses of the Hollings Manufac-
turing Extension Partnership of the National Institute of 
Standards and Technology, $124,700,000, to remain 
available until expended. In addition, for necessary ex-
penses of the Technology Innovation Program of the Na-
tional 
Institute 
of 
Standards 
and 
Technology, 
$69,900,000, to remain available until expended. 
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CONSTRUCTION OF RESEARCH FACILITIES 
For construction of new research facilities, including 
architectural and engineering design, and for renovation 
and maintenance of existing facilities, not otherwise pro-
vided for the National Institute of Standards and Tech-
nology, 
as 
authorized 
by 
U.S.C. 
278c–278e, 
$76,500,000, to remain available until expended, of which 
$20,000,000 is for a competitive construction grant pro-
gram for research science buildings: Provided further, 
That the Secretary of Commerce shall include in the budg-
et justification materials that the Secretary submits to 
Congress in support of the Department of Commerce 
budget (as submitted with the budget of the President 
under section 1105(a) of title 31, United States Code) an 
estimate for each National Institute of Standards and 
Technology construction project having a total multi-year 
program cost of more than $5,000,000 and simultaneously 
the budget justification materials shall include an estimate 
of the budgetary requirements for each such project for 
each of the five subsequent fiscal years. 
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NATIONAL OCEANIC AND ATMOSPHERIC 
ADMINISTRATION 
OPERATIONS, RESEARCH, AND FACILITIES 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses of activities authorized by law 
for the National Oceanic and Atmospheric Administration, 
including maintenance, operation, and hire of aircraft and 
vessels; grants, contracts, or other payments to nonprofit 
organizations for the purposes of conducting activities 
pursuant to cooperative agreements; and relocation of fa-
cilities, $3,198,793,000, to remain available until Sep-
tember 30, 2011, except for funds provided for cooperative 
enforcement, which shall remain available until September 
30, 2012: Provided, That fees and donations received by 
the National Ocean Service for the management of na-
tional marine sanctuaries may be retained and used for 
the salaries and expenses associated with those activities, 
notwithstanding 31 U.S.C. 3302: Provided further, That 
in addition, $3,000,000 shall be derived by transfer from 
the fund entitled ‘‘Coastal Zone Management’’ and in ad-
dition $104,600,000 shall be derived by transfer from the 
fund entitled ‘‘Promote and Develop Fishery Products and 
Research Pertaining to American Fisheries’’: Provided 
further, That of the $3,317,393,000 provided for in direct 
obligations under this heading $3,198,793,000 is appro-
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