Commerce, Justice, Science, and Related Agencies Appropriations Act, 2009

Bill: 110-hr-7322
Sponsor: Rep. Mollohan, Alan B. [D-WV-1]
Introduced: 2008-12-10 in the House
Policy area: Economics and Public Finance
Subjects: Abortion
Administrative law and regulatory procedures
Agricultural marketing and promotion
Appropriations
Building construction
Canada
Commission on Civil Rights
Competition and antitrust
Computers and information technology
Congressional oversight
Correctional facilities and imprisonment
Crime prevention
Crimes against women
Criminal investigation, prosecution, interrogation
Criminal justice information and records
Department of Commerce
Department of Justice
Drug Enforcement Administration (DEA)
Drug trafficking and controlled substances
Drug, alcohol, tobacco use
Equal Employment Opportunity Commission (EEOC)
Evidence and witnesses
Executive agency funding and structure
Federal Bureau of Investigation (FBI)
Firearms and explosives
Fishes
Fraud offenses and financial crimes
Genetics
Government buildings, facilities, and property
Government employee pay, benefits, personnel management
Government information and archives
Government liability
Government trust funds
Historical and cultural resources
Intellectual property
Intelligence activities, surveillance, classified information
Juvenile crime and gang violence
Law enforcement administration and funding
Law enforcement officers
Legal Services Corporation
Legal fees and court costs
Marine Mammal Commission
Marine and coastal resources, fisheries
National Aeronautics and Space Administration
National Science Foundation
Office of Science and Technology Policy
Office of the U.S. Trade Representative
Public contracts and procurement
Public participation and lobbying
Religion
Research administration and funding
Tax administration and collection, taxpayers
Telephone and wireless communication
Television and film
Trade agreements and negotiations
Trade restrictions
Veterans' education, employment, rehabilitation
Violent crime
Worker safety and health

Summary:
action_date: 2008-12-10
text: 
Commerce, Justice, Science, and Related Agencies Appropriations Act, 2009- Makes appropriations for FY2009 for the Departments of Commerce and Justice, for science-related programs, and related agencies. Rescinds certain unobligated balances. 

Makes appropriations for FY2009 for: (1) the Office of Science and Technology Policy; (2) the National Aeronautics and Space Administration (NASA), including for the Office of Inspector General; and (3) the National Science Foundation (NSF), including for the Office of Inspector General. 

Makes appropriations for FY2009 for: (1) the Commission on Civil Rights; (2) the Equal Employment Opportunity Commission (EEOC); (3) the International Trade Commission (ITC); (4) the Legal Services Corporation; (5) the Marine Mammal Commission; (6) the National Veterans Business Development Corporation; (7) the Office of the U.S. Trade Representative; and (8) the State Justice Institute. 

Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act. 

action_date: 2008-12-10
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Commerce, Justice, Science, and Related Agencies Appropriations Act, 2009 - Makes appropriations for FY2009 for the Departments of Commerce and Justice, science-related programs, and related agencies.

Title I: Department of Commerce - 
Department of Commerce Appropriations Act, 2009 - Makes appropriations for the Department of Commerce for FY2009 for: (1) the International Trade Administration; (2) the Bureau of Industry and Security; (3) the Economic Development Administration; (4) the Minority Business Development Agency; (5) economic and statistical analysis programs; (6) the Bureau of the Census; (7) the National Telecommunications and Information Administration, including for grants for public telecommunications facilities, planning, and construction; (8) the U.S. Patent and Trademark Office; (9) the National Institute of Standards and Technology (NIST), including amounts for the Hollings Manufacturing Extension Partnership of NIST and for construction of new research facilities; (10) the National Oceanic and Atmospheric Administration (NOAA), including amounts for procurement, acquisition, and construction of capital assets, restoration of Pacific salmon populations, the Coastal Zone Management Fund, and the fisheries finance program account; and (11) departmental management, including for the Office of Inspector General and renovation and modernization of the Herbert C. Hoover Building.

(Sec. 105) Prohibits the use of any funds under this Act to register, issue, transfer, or enforce any trademark of the phrase &quot;Last Best Place.&quot;

(Sec. 107) Authorizes the Secretary of Commerce to promulgate safety and health standards or regulations for scientific and occupational diving within NOAA.

Title II: Department of Justice 
- Department of Justice Appropriations Act, 2009 - Makes appropriations for the Department of Justice (DOJ) for 2009 for: (1) general administration, including for information sharing technology, a nationwide Integrated Wireless Network supporting federal law enforcement, administration of pardon and clemency petitions and immigration-related activities, the Federal Detention Trustee, and the Office of Inspector General; (2) the U.S. Parole Commission; (3) legal activities, including reimbursement from the Vaccine Injury Compensation Trust Fund for processing cases under the National Childhood Vaccine Injury Act of 1986, antitrust enforcement, the Offices of the U.S. Attorneys, the U.S. Trustee Program, the Foreign Claims Settlement Commission, fees and expenses of witnesses, the Community Relations Service, and the Assets Forfeiture Fund; (4) the U.S. Marshals Service; (5) the National Security Division; (6) interagency crime and drug enforcement; (7) the Federal Bureau of Investigation (FBI); (8) the Drug Enforcement Administration (DEA); (9) the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); (10) the federal prison system, including for the construction of new buildings and facilities and for the Federal Prison Industries, Incorporated (subject to certain limitations on administrative expenses); (11) the Office on Violence Against Women for violence against women prevention and prosecution programs; and (12) Office of Justice Programs, including for state and local law enforcement assistance, the Office of Weed and Seed Strategies, community-oriented policing services (including a transfer of funds), juvenile justice programs, and public safety officers benefits.

(Sec. 202) Prohibits the use of funds appropriated by this title to: (1) 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; or (2) require any person to perform or facilitate an abortion. 

(Sec. 204) Reaffirms the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive an abortion outside a federal facility.

(Sec. 206) Authorizes the Attorney General to extend through FY2010 the Personnel Management Demonstration Project without limitation on the number of employees or the positions covered.

(Sec. 207) Extends certain authorities for FBI and DEA undercover investigative operations to ATF.

(Sec. 208) Prohibits the use of funds under this Act: (1) to transport a maximum or high security prisoner other than to a prison or facility certified by the Bureau of Prisons as appropriately secure; (2) by federal prisons to purchase cable television services or equipment used primarily for recreational purposes: (3) for Sentinel and future phases of Sentinel or any other major new or enhanced information technology program having total estimated development costs in excess of $100 million, unless there is a certification to the House and Senate Committees on Appropriations that the program has appropriate program management and contractor oversight mechanisms in place and that the program is compatible with DOJ enterprise architecture; (4) to plan for, begin, continue, finish, process, or approve a public-private competition under the Office of Management and Budget (OMB) Circular A-76 for work performed by employees of the Bureau of Prisons or of Federal Prison Industries, Incorporated; or (5) for the salaries, benefits, or expenses of U.S. attorneys who are assigned dual or additional responsibilities by the Attorney General that exempt such such attorneys from applicable residency requirements.

(Sec. 215) Requires the Attorney General and any DOJ department head to conduct a peer review process and adhere strictly to peer review rankings in making discretionary grants.

Title III: Science
 - Science Appropriations Act, 2009 - Makes appropriations for FY2009 for: (1) the Office of Science and Technology Policy; (2) the National Aeronautics and Space Administration (NASA) for science, aeronautics, and exploration, space operations, education research and development activities, and the Office of Inspector General; and (3) the National Science Foundation (NSF) for research, equipment and facilities construction, science and engineering education and human resources programs, agency operations and award management, the Office of the National Science Board, and the Office of Inspector General.

Title IV: Related Agencies
 - Makes appropriations for FY2009 for: (1) the Commission on Civil Rights; (2) the Equal Employment Opportunity Commission (EEOC); (3) the International Trade Commission (ITC); (4) the Legal Services Corporation; (5) the Marine Mammal Commission; (6) the National Veterans Business Development Corporation; (7) the Office of the U.S. Trade Representative; and (8) the State Justice Institute. 

Prohibits the EEOC from taking any action to implement any workforce repositioning, restructuring, or reorganization until notice of such action is given to the House and Senate Committees on Appropriations.

Title V: General Provisions
 - (Sec. 501) Prohibits the use of funds for publicity or propaganda purposes not authorized by Congress.

(Sec. 503) Limits expenditures for consulting services through procurement contracts to those contracts where expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law or executive order.

(Sec. 505) Places restrictions on the reprogramming of funds.

(Sec. 506) Prohibits the use of funds to implement, administer, or enforce any EEOC guidelines covering harassment based on religion.

(Sec. 507) Renders any person who mislabels a product sold in or shipped to the United States as &quot;Made in America&quot; ineligible to receive any contract or subcontract funded by this Act. 

(Sec. 510) Prohibits the use of funds under this Act to promote the sale or export of tobacco or tobacco products or to seek the reduction or removal of restrictions on the marketing of such products.

(Sec. 511) Prohibits the use of funds under this Act for the implementation of: (1) any user fee for background checks under the Brady Handgun Control Act of 1993; and (2) any background check system that does not require and result in the destruction within 24 hours of information submitted by an individual certified as eligible to possess or receive a firearm.

(Sec. 513) Prohibits the use of DOJ funds to discriminate against or denigrate the religious or moral beliefs of students who participate in DOJ programs or of the parents or legal guardians of such students. 

(Sec. 516) Requires ATF to make a disclaimer in tracing studies that trace data cannot be used to draw broad conclusions about firearms-related crime.

(Sec. 518) Prohibits the use of funds under this Act to: (1) issue patents on claims directed to or encompassing a human organism; (2) support or justify the use of torture by any official or contract employee of the U.S. government; (3) restrict exports of certain firearms to Canada; (4) deny certain import applications regarding curios or relics, firearms, parts, or ammunition; (5) include in any new bilateral or multilateral trade agreement certain language of the United States-Singapore Free Trade Agreement, the United States-Australia Free Trade Agreement, or the United States-Morocco Free Trade Agreement; (6) authorize or issue a national security letter in contravention of certain laws authorizing the FBI to issue such letters; or (7) implement a revision to OMB Circular A-76 relating to the cost of projects within the Departments of Commerce or Justice, NSF, or NASA.

(Sec. 525) Requires: (1) program grant managers of any projects within the jurisdiction of the Departments of Commerce or Justice, NASA, or NSF totaling more than $75 million whose cost may increase by 10% to inform the agency head of such increase; and (2) notification to the House and Senate Committees on Appropriations of such increase within 30 days.

(Sec. 526) Authorizes funds for Department of Justice intelligence activities during FY2009 until the enactment of the Intelligence Authorization Act for FY2009.

(Sec. 527) Prohibits the award of a contract or grant in excess of $5 million under this Act unless the prospective contractor or grantee makes certain certifications regarding compliance with federal tax liability.

(Sec. 528) Rescinds certain unobligated balances available to: (1) the Department of Commerce for Economic Development Administration, the International Trade Administration, NOAA, NIST, the National Telecommunications and Information Administration, and the Bureau of the Census and (2) the Department of Justice for the Working Capital Fund, the Assets Forfeiture Fund, the Office of Justice Programs, and Community Oriented Policing Services. Requires a report to Congress within 30 days of the enactment of this Act on the amount of recission made by each department.


Legislative actions:
action_date: 2008-12-10
text: Placed on the Union Calendar, Calendar No. 593.
action_date: 2008-12-10
text: The House Committee on Appropriations reported an original measure, H. Rept. 110-919, by Mr. Mollohan.
action_date: 2008-12-10
text: The House Committee on Appropriations reported an original measure, H. Rept. 110-919, by Mr. Mollohan.
action_date: 2008-12-10
text: Introduced in House