H. R. 1105—39 
MINORITY BUSINESS DEVELOPMENT AGENCY 
MINORITY BUSINESS DEVELOPMENT 
For necessary expenses of the Department of Commerce in 
fostering, promoting, and developing minority business enterprise, 
including expenses of grants, contracts, and other agreements with 
public or private organizations, $29,825,000: Provided, That within 
the amounts appropriated, $825,000 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). 
ECONOMIC AND STATISTICAL ANALYSIS 
SALARIES AND EXPENSES 
For necessary expenses, as authorized by law, of economic 
and statistical analysis programs of the Department of Commerce, 
$90,621,000, to remain available until September 30, 2010. 
BUREAU OF THE CENSUS 
SALARIES AND EXPENSES 
For expenses necessary for collecting, compiling, analyzing, pre-
paring, and publishing statistics, provided for by law, $233,588,000. 
PERIODIC CENSUSES AND PROGRAMS 
For necessary expenses to collect and publish statistics for 
periodic censuses and programs provided for by law, $2,906,262,000, 
to remain available until September 30, 2010: 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 identification 
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: Pro-
vided further, That none of the funds made available in this Act 
shall be used for the conduct of sweepstakes in the 2010 Decennial 
Census. 
NATIONAL TELECOMMUNICATIONS AND INFORMATION 
ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses, as provided for by law, of the National 
Telecommunications 
and 
Information 
Administration 
(NTIA), 
$19,218,000, to remain available until September 30, 2010: Pro-
vided, That, notwithstanding 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 services, 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 Secretary of Commerce is authorized 
to retain and use as offsetting collections all funds transferred, 
or previously transferred, from other Government agencies for all 
costs incurred in telecommunications research, engineering, and
H. R. 1105—40 
related activities by the Institute for Telecommunication Sciences 
of NTIA, in furtherance of its assigned functions under this para-
graph, and such funds received from other Government agencies 
shall remain available until expended. 
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND 
CONSTRUCTION 
For the administration of grants, authorized by section 392 
of the Communications Act of 1934, $20,000,000, to remain available 
until expended as authorized by section 391 of the Act: Provided, 
That not to exceed $2,000,000 shall be available for program 
administration 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 be made available 
for grants for projects for which applications have been submitted 
and approved during any fiscal year. 
UNITED STATES PATENT AND TRADEMARK OFFICE 
SALARIES AND EXPENSES 
For necessary expenses of the United States Patent and Trade-
mark Office (USPTO) provided for by law, including defense of 
suits instituted against the Under Secretary of Commerce for 
Intellectual Property and Director of the United States Patent 
and Trademark Office, $2,010,100,000, to remain available until 
expended: Provided, 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 2009, so as to result in a 
fiscal year 2009 appropriation from the general fund estimated 
at $0: Provided further, That during fiscal year 2009, should the 
total amount of offsetting fee collections be less than $2,010,100,000, 
this amount shall be reduced accordingly: Provided further, That 
$750,000 may be transferred to ‘‘Departmental Management, Sala-
ries and Expenses’’ for activities associated with the National 
Intellectual Property Law Enforcement Coordination Council: Pro-
vided further, That from amounts provided herein, not to exceed 
$1,000 shall be made available in fiscal year 2009 for official recep-
tion and representation expenses: Provided further, That of the 
amounts provided to the USPTO within this account, $5,000,000 
shall not become available for obligation until the Director of the 
USPTO has completed a comprehensive review of the assumptions 
behind the patent examiner expectancy goals and adopted a revised 
set of expectancy goals for patent examination: Provided further, 
That in fiscal year 2009 from the amounts made available for 
‘‘Salaries and Expenses’’ for the USPTO, the amounts necessary 
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 cov-
erage for all USPTO employees, shall be transferred to the Civil
H. R. 1105—41 
Service Retirement and Disability Fund, the Employees Life Insur-
ance Fund, and the Employees Health Benefits Fund, as appro-
priate, and shall be available for the authorized purposes of those 
accounts: Provided further, That sections 801, 802, and 803 of 
division B, Public Law 108–447 shall remain in effect during fiscal 
year 2009: 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 $2,000,000 shall be transferred to Office of Inspector 
General for activities associated with carrying out investigations 
and audits related to the USPTO: Provided further, That from 
the amounts provided herein, no less than $4,000,000 shall be 
available 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 activities of United Nations 
Specialized agencies and other international organizations, as well 
as conferences and other development programs, in support of fair 
international 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, $472,000,000, 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 $5,000 shall 
be for official reception and representation expenses: Provided fur-
ther, That within the amounts appropriated, $3,000,000 shall be 
used for the projects, and in the amounts, specified in the explana-
tory statement described in section 4 (in the matter preceding 
division A of this consolidated Act). 
INDUSTRIAL TECHNOLOGY SERVICES 
For necessary expenses of the Hollings Manufacturing Exten-
sion Partnership of the National Institute of Standards and Tech-
nology, $110,000,000, to remain available until expended. In addi-
tion, for necessary expenses of the Technology Innovation Program 
of the National Institute of Standards and Technology, $65,000,000, 
to remain available until expended. 
CONSTRUCTION OF RESEARCH FACILITIES 
For construction of new research facilities, including architec-
tural and engineering design, and for renovation and maintenance 
of existing facilities, not otherwise provided for the National 
Institute of Standards and Technology, as authorized by 15 U.S.C. 
278c–278e, $172,000,000, to remain available until expended, of 
which $30,000,000 is for a competitive construction grant program 
for research science buildings: Provided, That within the amounts 
appropriated, $44,000,000 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): Provided further, That the Secretary of Commerce shall include