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

Bill: 110-s-3182
Sponsor: Sen. Mikulski, Barbara A. [D-MD]
Introduced: 2008-06-23 in the Senate
Policy area: Economics and Public Finance
Subjects: Appropriations
Atmosphere
Census
Civil Rights and Liberties, Minority Issues
Coastal zone
Commerce
Commission on Civil Rights
Community policing
Crime and Law Enforcement
Crimes against women
Criminal justice information
Department of Commerce
Department of Justice
Drug Enforcement Administration (DEA)
Drug abuse
Drug law enforcement
Economic development
Economic statistics
Equal Employment Opportunity Commission
Families
Federal Bureau of Investigation (FBI)
Federal Prison Industries, Inc.
Federal office buildings
Fishery management
Foreign Trade and International Finance
Forfeiture
Government Operations and Politics
Government corporations
Government procurement
Inspectors general
Intellectual property
International Affairs
International claims
Judicial officers
Juvenile delinquency
Labor and Employment
Law
Legal Services Corporation
Manufacturing industries
Marine Mammal Commission
Marine and coastal resources, fisheries
Minorities
Minority business enterprises
National Aeronautics and Space Administration
National Science Foundation
Oceanography
Office of Science and Technology Policy
Office of the U.S. Trade Representative
Parole
Patents
Prison labor
Reprogramming of appropriated funds
Research centers
Salmon
Science, Technology, Communications
Space activities
Standards
State courts
Technological innovations
Trademarks
Trusts and trustees
Wireless communication
Witnesses
Women

Summary:
action_date: 2008-06-23
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. 

Department of Commerce Appropriations Act, 2009 - Makes appropriations for the Department of Commerce for FY2009 for various agencies and programs, including transfers of funds. Rescinds certain unobligated balances.

Department of Justice Appropriations Act, 2009 - Makes appropriations for the Department of Justice for FY2009 for various agencies and programs, including transfers of funds. Rescinds certain unobligated balances.

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), 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; (4) the Legal Services Corporation; (5) the Marine Mammal Commission; (6) the Office of the U.S. Trade Representative; and (7) the State Justice Institute.

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

action_date: 2008-06-23
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, for 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, and construction of broadband services and networks; (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, mitigation of fishery disasters, 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. 106) Authorizes the Secretary of Commerce to promulgate safety and health standards or regulations for scientific and occupational diving within NOAA.

 

(Sec. 108) Adopts congressional notification requirements for certain satellite development programs undertaken by NOAA.

(Sec. 111) Adds the state of Nevada to the Pacific Coast Salmon Recovery program.

(Sec. 112) Designates the Secretary of Commerce as the U.S. representative in negotiating and monitoring international agreements on fisheries, marine mammals, or sea turtles.

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 nation-wide 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 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 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 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 the 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 U.S. Attorneys who are assigned dual or additional responsibilities by the Attorney General that exempt such U.S. Attorneys from applicable residency requirements.

(Sec. 214) Delays the availability of $25 million for the FBI's Sentinel program until 90 days after the House and Senate Committees on Appropriations and the Government Accountability Office (GAO) receive a report from the FBI on the results of a completed integrated baseline review for such program. Requires GAO to review such report and submit its findings to the Appropriations Committees. Prohibits funding of any future phase of the program until the Attorney General certifies to the Appropriations Committees that existing phases currently under contract have completed a majority of the work in accordance with applicable performance measurement baselines. 

(Sec. 216) Requires the Attorney General to submit quarterly reports to DOJ's Inspector General on the costs and contracting procedures for each conference held by DOJ during FY2008 for which the cost to the federal government exceeded $20,000.

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 Office of the U.S. Trade Representative; and (7) 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. 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 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 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) Specifies requirements for certain firearms tracing studies.

(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; or (6) authorize or issue a national security letter in contravention of certain laws authorizing the FBI to issue national security letters.

(Sec. 524) Requires: (1) program grant managers of any projects within the jurisdiction of the Department 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) Requires the departments, agencies, and commissions funded under this Act to establish and maintain on their websites: (1) a direct link to their Offices of Inspectors General; and (2) a mechanism on the Offices of Inspectors General website for anonymously reporting waste, fraud, or abuse. 

(Sec. 528) 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. 529) Prohibits the use of funds under this Act: (1) for purposes inconsistent with U.S. trade remedy laws; or (2) to purchase first class or premium airline travel inconsistent with federal regulations to pay for the attendance of more than 50 federal employees at any single conference outside the United States. 

(Sec. 532) Rescinds certain unobligated balances available to: (1) the Department of Commerce for the International Trade Administration and the Economic Development Administration; 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.


Legislative actions:
action_date: 2008-06-23
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 831.
action_date: 2008-06-23
text: Committee on Appropriations. Original measure reported to Senate by Senator Mikulski. With written report No. 110-397.
action_date: 2008-06-23
text: Committee on Appropriations. Original measure reported to Senate by Senator Mikulski. With written report No. 110-397.
action_date: 2008-06-23
text: Introduced in Senate
action_date: 2008-06-19
text: Committee on Appropriations. Ordered to be reported without amendment favorably.
action_date: 2008-06-18
text: Committee on Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies. Approved for full committee consideration without amendment favorably.
action_date: 2008-04-16
text: Committee on Appropriations Senate Subcommittee on Commerce, Justice, Science, and Related Agencies. Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 110-628.
action_date: 2008-04-10
text: Committee on Appropriations Senate Subcommittee on Commerce, Justice, Science, and Related Agencies. Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 110-628.
action_date: 2008-04-03
text: Committee on Appropriations Senate Subcommittee on Commerce, Justice, Science, and Related Agencies. Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 110-628.
action_date: 2008-03-06
text: Committee on Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies. Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 110-628.