[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3182 Placed on Calendar Senate (PCS)]
Calendar No. 831
110th CONGRESS
2d Session
S. 3182
[Report No. 110-397]
Making appropriations for the Departments of Commerce and Justice,
science, and related agencies for the fiscal year ending September 30,
2009, and for other purposes.
Rule___________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 23, 2008
Ms. Mikulski, from the Committee on Appropriations, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
Making appropriations for the Departments of Commerce and Justice,
science, and related agencies for the fiscal year ending September 30,
2009, and for other purposes.
Be it enacted by the Senate and House of Representatives 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 fiscal year ending
September 30, 2009, and for other purposes, namely:
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities 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 between 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 exceeding 10 years, and expenses
of alteration, repair, or improvement; purchase or construction of
temporary demountable exhibition structures for use 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
$327,000 for official representation expenses abroad; purchase of
passenger motor vehicles for official use abroad, not to exceed $45,000
per vehicle; obtaining insurance on official motor vehicles; and rental
of tie lines, $429,870,000, to remain available until September 30,
2010, 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 $48,592,000 shall be for Manufacturing and
Services; $42,332,000 shall be for Market Access and Compliance;
$66,357,000 shall be for the Import Administration; $237,739,000 shall
be for the United States and Foreign Commercial Service; and
$25,411,000 shall be for Executive Direction and Administration:
Provided further, That of the amount provided under this heading,
$1,400,000 shall be for making grants for the promotion of trade and
the enhancement of the textile industry only in accordance with the
terms and conditions specified for such grants in the report
accompanying this Act: Provided further, 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 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 Exchange 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 members to distribute monies collected from
antidumping and countervailing duties: Provided further, That
negotiations shall be conducted within the World Trade Organization
consistent with the negotiating objectives contained in the Trade Act
of 2002, Public Law 107-210.
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and national
security activities of the Department of Commerce, 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; employment 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 official representation expenses
abroad; awards of compensation to informers under the Export
Administration Act of 1979, and as authorized by 22 U.S.C. 401(b); and
purchase of passenger motor vehicles for official use and motor
vehicles for law enforcement use with special requirement vehicles
eligible for purchase without regard to any price limitation otherwise
established by law, $83,676,000, to remain available until expended, of
which $14,767,000 shall be for inspections and other activities 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
further, That payments and contributions collected and accepted 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 security 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, $200,000,000, to remain available until
expended.
salaries and expenses
For necessary expenses of administering the economic development
assistance programs as provided for by law, $32,800,000: 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 Commerce in fostering,
promoting, and developing minority business enterprise, including
expenses of grants, contracts, and other agreements with public or
private organizations, $29,000,000.
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,
preparing, and publishing statistics, provided for by law,
$238,740,000.
periodic censuses and programs
For necessary expenses to collect and publish statistics for
periodic censuses and programs provided for by law, $2,912,262,000, to
remain available until expended: 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.
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: Provided, That,
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall
charge Federal agencies for costs incurred in spectrum management,
analysis, and 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 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 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.
technology opportunities program
For construction grants authorized by section 392 of the
Communications Act of 1934, as amended, $20,000,000, to remain
available until expended: Provided, That funds provided under this
heading shall be for competitive grants for the construction of
broadband services and networks.
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, including defense of suits
instituted against the Under Secretary of Commerce for Intellectual
Property and Director of the United States Patent and Trademark Office,
$2,074,773,000, 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
$2,074,773,000, this amount shall be reduced accordingly: Provided
further, That any amount received in excess of $2,074,773,000 in fiscal
year 2009, in an amount up to $100,000,000, shall remain available
until expended: Provided further, That of the amounts provided to the
USPTO within this account, $10,000,000 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 not less than 1,116 full-
time equivalents, 1,139 positions and $246,977,000 shall be for the
examination of trademark applications; and not less than 9,607 full-
time equivalents, 10,179 positions and $1,827,796,000 shall be for the
examination and searching of patent applications: Provided further,
That $1,000,000 may be transferred to ``Departmental Management'',
``Salaries and Expenses'' for activities associated with the National
Intellectual Property Law Enforcement Coordination Council: Provided
further, That any deviation from the full-time equivalent, position,
and funding designations set forth in the preceding provisos shall be
subject to the procedures set forth in section 505 of this Act:
Provided further, That $2,000,000 shall be transferred to Office of
Inspector General for activities associated with carrying out
investigations related to the USPTO: Provided further, That from
amounts provided herein, not to exceed $1,000 shall be made available
in fiscal year 2009 for official reception and representation expenses:
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 coverage for all USPTO employees, shall
be transferred to the Civil Service Retirement and Disability Fund, the
Employees Life Insurance Fund, and the Employees 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
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.
National Institute of Standards and Technology
scientific and technical research and services
For necessary expenses of the National Institute of Standards and
Technology, $489,499,000, to remain available until expended, of which
not to exceed $12,300,000 may be transferred to the ``Working Capital
Fund'': Provided, That of the amount provided under this heading,
$3,000,000 shall be for making grants for research to enhance
measurements and standards only in accordance with the terms and
conditions specified for such grants in the report accompanying this
Act: Provided further, That not to exceed $5,000 shall be for official
reception and representation expenses.
industrial technology services
For necessary expenses of the Hollings Manufacturing Extension
Partnership of the National Institute of Standards and Technology,
$110,000,000, to remain available until expended.
In addition, for necessary expenses of the Technology Innovation
Program of the National Institute of Standards and Technology,
$65,000,000, to remain available until expended: Provided, That of the
$71,200,000 provided for in direct obligations under this heading,
$65,000,000 is appropriated from the general fund and $6,200,000 is
derived from recoveries of prior year obligations.
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities including agency recreational and
welfare facilities, not otherwise provided for the National Institute
of Standards and Technology, as authorized by 15 U.S.C. 278c-278e,
$149,000,000, to remain available until expended: Provided, That of the
amount provided under this heading, $44,000,000 shall be for making
grants for construction of facilities only in accordance with the terms
and conditions specified for such grants in the report accompanying
this Act: Provided further, That the Secretary of Commerce shall
include in the budget 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.
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 facilities, $3,051,911,000, to remain available until
September 30, 2010, except for funds provided for cooperative
enforcement, which shall remain available until September 30, 2011:
Provided, That fees and donations received by the National Ocean
Service for the management of national 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 addition $79,000,000 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 $3,149,911,000 provided for in direct
obligations under this heading $3,051,911,000 is appropriated from the
general fund, $82,000,000 is provided by transfer, and $16,000,000 is
derived from recoveries of prior year obligations: Provided further,
That the total amount available for the National Oceanic and
Atmospheric Administration corporate services administrative support
costs shall not exceed $217,338,000: Provided further, That payments of
funds made available under this heading to the Department of Commerce
Working Capital Fund including Department of Commerce General Counsel
legal services shall not exceed $36,583,000: Provided further, That of
the amount provided under this heading, $107,805,000 shall be for
making grants for research, education, and other activities related to
understanding and protecting the environment only in accordance with
the terms and conditions specified for such grants in the report
accompanying this Act: Provided further, That any deviation from the
amounts designated for specific activities in the report accompanying
this Act, or any use of deobligated balances of funds provided under
this heading in previous years, shall be subject to the procedures set
forth in section 505 of this Act: Provided further, That in allocating
grants under sections 306 and 306A of the Coastal Zone Management Act
of 1972, as amended, no coastal State shall receive more than 5 percent
or less than 1 percent of increased funds appropriated over the
previous fiscal year: Provided further, That funds for ``Coastal Zone
Management Grants'' in excess of $70,000,000 may be allocated on a
competitive basis developed in consultation with eligible States:
Provided further, That in accordance with section 215 of Public Law
107-372 the number of officers in the NOAA Commissioned Officer Corps
shall increase to 321.
In addition, for necessary retired pay expenses under the Retired
Serviceman's Family Protection and Survivor Benefits Plan, and for
payments for the medical care of retired personnel and their dependents
under the Dependents Medical Care Act (10 U.S.C. ch. 55), such sums as
may be necessary.
procurement, acquisition and construction
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic
and Atmospheric Administration, $1,258,010,000, to remain available
until September 30, 2011, except funds provided for construction of
facilities which shall remain available until expended: Provided, That
of the amount provided under this heading, $23,850,000 shall be for
making grants for research, education, and other activities related to
understanding and protecting the environment only in accordance with
the terms and conditions specified for such grants in the report
accompanying this Act: Provided further, That of the amounts provided
for the National Polar-orbiting Operational Environmental Satellite
System, funds shall only be made available on a dollar-for-dollar
matching basis with funds provided for the same purpose by the
Department of Defense: Provided further, That except to the extent
expressly prohibited by any other law, the Department of Defense may
delegate procurement functions related to the National Polar-orbiting
Operational Environmental Satellite System to officials of the
Department of Commerce pursuant to section 2311 of title 10, United
States Code: Provided further, That any deviation from the amounts
designated for specific activities in the report accompanying this Act,
or any use of deobligated balances of funds provided under this heading
in previous years, shall be subject to the procedures set forth in
section 505 of this Act.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of Pacific
salmon populations, $90,000,000, to remain available until September
30, 2010: Provided, That of the funds provided herein the Secretary of
Commerce may issue grants to the States of Washington, Oregon, Idaho,
Nevada, California, and Alaska, and Federally-recognized tribes of the
Columbia River and Pacific Coast for projects necessary for restoration
of salmon and steelhead populations that are listed as threatened or
endangered, or identified by a State as at-risk to be so-listed, for
maintaining populations necessary for exercise of tribal treaty fishing
rights or native subsistence fishing, or for conservation of Pacific
coastal salmon and steelhead habitat, based on guidelines to be
developed by the Secretary of Commerce, or for salmon enhancement
projects or other projects, consistent with a Memorandum of
Understanding between a State and the National Marine Fisheries
Service: Provided further, That funds disbursed to States shall be
subject to a matching requirement of funds or documented in-kind
contributions of at least 33 percent of the Federal funds.
fisheries disaster mitigation fund
For necessary expenses associated with mitigation of fishery
disasters, $50,000,000, to remain available until expended: Provided,
That funds shall be used for mitigating the effects of commercial
fishery failures and fishery resource disasters, as well as alleviating
the impacts of regulations on commercial fishing industries.
coastal zone management fund
(including transfer of funds)
Of amounts collected pursuant to section 308 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1456a), not to exceed $3,000,000
shall be transferred to the ``Operations, Research, and Facilities''
account to offset the costs of implementing such Act.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2009, obligations of direct loans may not exceed
$8,000,000 for Individual Fishing Quota loans and not to exceed
$59,000,000 for traditional direct loans as authorized by the Merchant
Marine Act of 1936: Provided, That none of the funds made available
under this heading may be used for direct loans for any new fishing
vessel that will increase the harvesting capacity in any United States
fishery.
Departmental Management
salaries and expenses
For expenses necessary for the departmental management of the
Department of Commerce provided for by law, including not to exceed
$5,000 for official entertainment, $44,083,000.
herbert c. hoover building renovation and modernization
For expenses necessary, including blast windows, for the renovation
and modernization of the Herbert C. Hoover Building, $7,367,000, to
remain available until expended.
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 (5
U.S.C. App.), $24,766,000.
General Provisions--Department of Commerce
(including transfer of funds)
Sec. 101. During the current fiscal year, applicable appropriations
and funds made available to the Department of Commerce by this Act
shall be available for the activities specified in the Act of October
26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed
by the Act, and, notwithstanding 31 U.S.C. 3324, may be used for
advanced payments not otherwise authorized only upon the certification
of officials designated by the Secretary of Commerce that such payments
are in the public interest.
Sec. 102. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries and
expenses shall be available for hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law
(5 U.S.C. 5901-5902).
Sec. 103. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce in
this Act may be transferred between such appropriations, but no such
appropriation 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 or expenditure except in
compliance with the procedures set forth in that section: Provided
further, That the Secretary of Commerce shall notify the Committees on
Appropriations at least 15 days in advance of the acquisition or
disposal of any capital asset (including land, structures, and
equipment) not specifically provided for in this Act or any other law
appropriating funds for the Department of Commerce: Provided further,
That for the National Oceanic and Atmospheric Administration this
section shall provide for transfers among appropriations made only to
the National Oceanic and Atmospheric Administration and such
appropriations may not be transferred and reprogrammed to other
Department of Commerce bureaus and appropriation accounts.
Sec. 104. Any costs incurred by a department or agency funded under
this title resulting from personnel actions taken in response to
funding reductions included in this title or from actions taken for the
care and protection of loan collateral or grant property shall be
absorbed within the total budgetary resources available to such
department or agency: Provided, That the authority to transfer funds
between 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. 105. Hereafter, notwithstanding any other provision of law, no
funds appropriated under this Act or any other Act shall be used to
register, issue, transfer, or enforce any trademark of the phrase
``Last Best Place''.
Sec. 106. The Secretary of Commerce is permitted to prescribe and
enforce standards or regulations affecting safety and health in the
context of scientific and occupational diving within the National
Oceanic and Atmospheric Administration.
Sec. 107. Notwithstanding 31 U.S.C. 3302, the Secretary of Commerce
is authorized to collect and retain fees for conferences provided, and
may use such funds to pay for expenses of such conferences.
Sec. 108. The requirements set forth by section 112 of division B
of Public Law 110-161 are hereby adopted by reference.
Sec. 109. Notwithstanding any other law, the Secretary may furnish
services (including but not limited to utilities, telecommunications,
and security services) necessary to support the operation, maintenance,
and improvement of space that persons, firms or organizations are
authorized pursuant to the Public Buildings Cooperative Use Act of 1976
or other authority to use or occupy in the Herbert C. Hoover Building,
Washington, D.C., or other buildings the maintenance, operation, and
protection of which has been delegated to the Secretary from the
Administrator of General Services pursuant to the Federal Property and
Administrative Services Act of 1949, as amended, on a reimbursable or
non-reimbursable basis. Amounts received as reimbursement for services
provided under this section or the authority under which the use or
occupancy of the space is authorized, up to $200,000, shall be credited
to the appropriation or fund which initially bears the costs of such
services.
Sec. 110. Of the amounts made available under section 213 of Public
Law 108-199 for a New England lobster fishing capacity reduction
program shall be available for transfer by the National Oceanic and
Atmospheric Administration from the Fisheries Finance Program Account
to the Operations, Research and Facilities appropriation, to remain
available until expended, for the Southern New England Cooperative
Research Initiative for cooperative research, marine debris removal,
and gear modification for conservation in Rhode Island.
Sec. 111. Section (d)(2)(A) of title 16 U.S.C. 3645 is amended by
inserting ``Nevada,'' after ``Idaho,''.
Sec. 112. With the consent of the President, the Secretary of
Commerce shall represent the United States Government in negotiating
and monitoring international agreements regarding fisheries, marine
mammals, or sea turtles: Provided, That the Secretary of Commerce shall
be responsible for the development and interdepartmental coordination
of the policies of the United States with respect to the international
negotiations and agreements referred to in this section.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2009''.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the Department of
Justice, $85,000,000, of which not to exceed $4,000,000 is for security
and construction of Department of Justice facilities, to remain
available until expended: Provided, That the Attorney General is
authorized to transfer funds appropriated within General Administration
to any office in this account: Provided further, That no appropriations
for any office within General Administration shall be increased or
decreased by more than 5 percent by all such transfers: Provided
further, That $10,000,000 is for Department Leadership; $7,664,000 is
for Intergovernmental Relations/External Affairs; $11,832,000 is for
Executive Support/Professional Responsibility; and $55,404,000 is for
the Justice Management Division: Provided further, That notice of any
change in funding greater than 5 percent shall be submitted for
approval to the House and Senate Committees on Appropriations
consistent with the terms of section 505 of this Act: Provided further,
That this transfer authority is in addition to transfers authorized
under section 505 of this Act.
justice information sharing technology
For necessary expenses for information sharing technology,
including planning, development, deployment and departmental direction,
$86,000,000, to remain available until expended, of which not less than
$21,000,000 is for the unified financial management system.
tactical law enforcement wireless communications
For the costs of developing and implementing a nation-wide
Integrated Wireless Network supporting Federal law enforcement, and for
the costs of operations and maintenance of existing Land Mobile Radio
legacy systems, $121,651,000, to remain available until expended:
Provided, That the Attorney General shall transfer to this account all
funds made available to the Department of Justice for the purchase of
portable and mobile radios: Provided further, That any transfer made
under the preceding proviso shall be subject to section 505 of this
Act.
administrative review and appeals
For expenses necessary for the administration of pardon and
clemency petitions and immigration-related activities, $268,791,000, of
which $4,000,000 shall be derived by transfer from the Executive Office
for Immigration Review fees deposited in the ``Immigration Examinations
Fee'' account: Provided, That $4,000,000 shall be expended on the
Executive Office for Immigration Review's Legal Orientation Programs.
detention trustee
For necessary expenses of the Federal Detention Trustee,
$1,295,319,000, to remain available until expended: Provided, That the
Trustee shall be responsible for managing the Justice Prisoner and
Alien Transportation System: Provided further, That not to exceed
$5,000,000 shall be considered ``funds appropriated for State and local
law enforcement assistance'' pursuant to 18 U.S.C. 4013(b).
office of inspector general
For necessary expenses of the Office of Inspector General,
$75,681,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character: Provided, That within 200 days
of enactment of this Act, the Inspector General shall conduct an audit
and issue a report to the Committees on Appropriations of all expenses
of the legislative and public affairs offices at each location of the
Justice Department, its bureaus and agencies, including but not limited
to every field office and headquarters component; the audit shall
include any and all expenses related to these activities.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as
authorized, $12,570,000.
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the Department
of Justice, not otherwise provided for, including not to exceed $20,000
for expenses of collecting evidence, to be expended under the direction
of, and to be accounted for solely under the certificate of, the
Attorney General; and rent of private or Government-owned space in the
District of Columbia, $804,007,000, of which not to exceed $10,000,000
for litigation support contracts shall remain available until expended:
Provided, That of the total amount appropriated, not to exceed $10,000
shall be available to the United States National Central Bureau,
INTERPOL, for official reception and representation expenses: Provided
further, That notwithstanding section 205 of this Act, upon a
determination by the Attorney General that emergent circumstances
require additional funding for litigation activities of the Civil
Division, the Attorney General may transfer such amounts to ``Salaries
and Expenses, General Legal Activities'' from available appropriations
for the current fiscal year for the Department of Justice, as may be
necessary to respond to such circumstances: Provided further, That any
transfer pursuant to the previous proviso shall be treated as a
reprogramming 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: Provided further, That of the amount
appropriated, such sums as may be necessary shall be available to
reimburse the Office of Personnel Management for salaries and expenses
associated with the Federal observer program under section 8 of the
Voting Rights Act (42 U.S.C. 1973f): Provided further, That of the
amounts provided under this heading for the Federal observer program
$3,390,000 shall remain available until expended.
In addition, for reimbursement of expenses of the Department of
Justice associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, not to exceed $7,833,000, to be
appropriated from the Vaccine Injury Compensation Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and kindred
laws, $150,591,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, fees collected for
premerger notification filings under the Hart-Scott-Rodino Antitrust
Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of
collection (and estimated to be $150,591,000 in fiscal year 2009),
shall be retained and used for necessary expenses in this
appropriation, and shall remain available until expended: Provided
further, That the sum herein appropriated from the general fund shall
be reduced as such offsetting collections are received during fiscal
year 2009, so as to result in a final fiscal year 2009 appropriation
from the general fund estimated at $0.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements,
$1,831,336,000: Provided, That of the total amount appropriated, not to
exceed $8,000 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$25,000,000 shall remain available until expended.
united states trustee system fund
For necessary expenses of the United States Trustee Program, as
authorized, $217,416,000, to remain available until expended and to be
derived from the United States Trustee System Fund: Provided, That
notwithstanding any other provision of law, deposits to the Fund shall
be available in such amounts as may be necessary to pay refunds due
depositors: Provided further, That, notwithstanding any other provision
of law, $160,000,000 of offsetting collections pursuant to 28 U.S.C.
589a(b) shall be retained and used for necessary expenses in this
appropriation and shall remain available until expended: Provided
further, That the sum herein appropriated from the Fund shall be
reduced as such offsetting collections are received during fiscal year
2009, so as to result in a final fiscal year 2009 appropriation from
the Fund estimated at $52,416,000.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized by
section 3109 of title 5, United States Code, $1,823,000.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of contracts for
the procurement and supervision of expert witnesses, for private
counsel expenses, including advances, and for expenses of foreign
counsel, $168,300,000, to remain available until expended: Provided,
That, not to exceed $10,000,000 may be made available for construction
of buildings for protected witness safesites: Provided further, That
not to exceed $3,000,000 may be made available for the purchase and
maintenance of armored and other vehicles for witness security
caravans: Provided further, That not to exceed $9,000,000 may be made
available for the purchase, installation, maintenance, and upgrade of
secure telecommunications equipment and a secure automated information
network to store and retrieve the identities and locations of protected
witnesses.
salaries and expenses, community relations service
For necessary expenses of the Community Relations Service,
$9,873,000: Provided, That notwithstanding section 205 of this Act,
upon a determination by the Attorney General that emergent
circumstances require additional funding for conflict resolution and
violence prevention activities of the Community Relations Service, the
Attorney General may transfer such amounts to the Community Relations
Service, from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
previous proviso shall be treated as a reprogramming 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.
assets forfeiture fund
For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and (G),
$20,990,000, to be derived from the Department of Justice Assets
Forfeiture Fund.
United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals Service,
$968,117,000; of which not to exceed $30,000 shall be available for
official reception and representation expenses; of which not to exceed
$4,000,000, including transfers from prior year unoglibated balances,
shall be for information technology systems and shall remain available
until expended; and of which not less than $12,625,000 shall be
available for the costs of courthouse security equipment, including
furnishings, relocations, and telephone systems and cabling, and shall
remain available until expended; and of which not less than $2,304,000
shall be available until expended for construction in space controlled,
occupied or utilized by the United States Marshals Service for prisoner
holding and related support space.
National Security Division
salaries and expenses
For expenses necessary to carry out the activities of the National
Security Division, $83,789,000; of which not to exceed $5,000,000 for
information technology systems shall remain available until expended:
Provided, That notwithstanding section 205 of this Act, upon a
determination by the Attorney General that emergent circumstances
require additional funding for the activities of the National Security
Division, the Attorney General may transfer such amounts to this
heading from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
previous proviso shall be treated as a reprogramming 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.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification, investigation, and
prosecution of individuals associated with the most significant drug
trafficking and affiliated money laundering organizations not otherwise
provided for, to include inter-governmental agreements with State and
local law enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug
trafficking, $511,741,000, of which $50,000,000 shall remain available
until expended: Provided, That any amounts obligated from
appropriations under this heading may be used under authorities
available to the organizations reimbursed from this appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of Investigation for
detection, investigation, and prosecution of crimes against the United
States; $7,085,140,000; of which not to exceed $150,000,000 shall
remain available until expended; and of which $2,725,450,000 shall be
for counterterrorism investigations, foreign counterintelligence, and
other activities related to national security: Provided, That not to
exceed $205,000 shall be available for official reception and
representation expenses.
construction
For necessary expenses to construct or acquire buildings and sites
by purchase, or as otherwise authorized by law (including equipment for
such buildings); conversion and extension of federally-owned buildings;
and preliminary planning and design of projects; $184,991,000, to
remain available until expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement Administration,
including not to exceed $70,000 to meet unforeseen emergencies of a
confidential character pursuant to 28 U.S.C. 530C; and expenses for
conducting drug education and training programs, including travel and
related expenses for participants in such programs and the distribution
of items of token value that promote the goals of such programs,
$1,954,384,000; of which not to exceed $75,000,000 shall remain
available until expended; and of which not to exceed $100,000 shall be
available for official reception and representation expenses.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms
and Explosives, including the purchase of not to exceed 822 vehicles
for police-type use, of which 650 shall be for replacement only; not to
exceed $40,000 for official reception and representation expenses; for
training of State and local law enforcement agencies with or without
reimbursement, including training in connection with the training and
acquisition of canines for explosives and fire accelerants detection;
and for provision of laboratory assistance to State and local law
enforcement agencies, with or without reimbursement, $1,042,814,000, of
which not to exceed $1,000,000 shall be available for the payment of
attorneys' fees as provided by section 924(d)(2) of title 18, United
States Code; and of which not to exceed $20,000,000 shall remain
available until expended: Provided, That no funds appropriated herein
shall be available for salaries or administrative expenses in
connection with consolidating or centralizing, within the Department of
Justice, the records, or any portion thereof, of acquisition and
disposition of firearms maintained by Federal firearms licensees:
Provided further, That no funds appropriated herein shall be used to
pay administrative expenses or the compensation of any officer or
employee of the United States to implement an amendment or amendments
to 27 CFR 478.118 or to change the definition of ``Curios or relics''
in 27 CFR 478.11 or remove any item from ATF Publication 5300.11 as it
existed on January 1, 1994: Provided further, That none of the funds
appropriated herein shall be available to investigate or act upon
applications for relief from Federal firearms disabilities under 18
U.S.C. 925(c): Provided further, That such funds shall be available to
investigate and act upon applications filed by corporations for relief
from Federal firearms disabilities under section 925(c) of title 18,
United States Code: Provided further, That no funds made available by
this or any other Act may be used to transfer the functions, missions,
or activities of the Bureau of Alcohol, Tobacco, Firearms and
Explosives to other agencies or Departments in fiscal year 2009:
Provided further, That, beginning in fiscal year 2009 and thereafter,
no funds appropriated under this or any other Act may be used to
disclose part or all of the contents of the Firearms Trace System
database maintained by the National Trace Center of the Bureau of
Alcohol, Tobacco, Firearms and Explosives or any information required
to be kept by licensees pursuant to section 923(g) of title 18, United
States Code, or required to be reported pursuant to paragraphs (3) and
(7) of such section 923(g), except to: (1) a Federal, State, local,
tribal, or foreign law enforcement agency, or a Federal, State, or
local prosecutor, solely in connection with and for use in a criminal
investigation or prosecution; or (2) a Federal agency for a national
security or intelligence purpose; and all such data shall be immune
from legal process, shall not be subject to subpoena or other
discovery, shall be inadmissible in evidence, and shall not be used,
relied on, or disclosed in any manner, nor shall testimony or other
evidence be permitted based on the data, in a civil action in any State
(including the District of Columbia) or Federal court or in an
administrative proceeding other than a proceeding commenced by the
Bureau of Alcohol, Tobacco, Firearms and Explosives to enforce the
provisions of chapter 44 of such title, or a review of such an action
or proceeding; except that this proviso shall not be construed to
prevent: (A) the disclosure of statistical information concerning total
production, importation, and exportation by each licensed importer (as
defined in section 921(a)(9) of such title) and licensed manufacturer
(as defined in section 921(a)(10) of such title); (B) the sharing or
exchange of such information among and between Federal, State, local,
or foreign law enforcement agencies, Federal, State, or local
prosecutors, and Federal national security, intelligence, or
counterterrorism officials; or (C) the publication of annual
statistical reports on products regulated by the Bureau of Alcohol,
Tobacco, Firearms and Explosives, including total production,
importation, and exportation by each licensed importer (as so defined)
and licensed manufacturer (as so defined), or statistical aggregate
data regarding firearms traffickers and trafficking channels, or
firearms misuse, felons, and trafficking investigations: Provided
further, That no funds made available by this or any other Act shall be
expended to promulgate or implement any rule requiring a physical
inventory of any business licensed under section 923 of title 18,
United States Code: Provided further, That no funds under this Act may
be used to electronically retrieve information gathered pursuant to 18
U.S.C. 923(g)(4) by name or any personal identification code: Provided
further, That no funds authorized or made available under this or any
other Act may be used to deny any application for a license under
section 923 of title 18, United States Code, or renewal of such a
license due to a lack of business activity, provided that the applicant
is otherwise eligible to receive such a license, and is eligible to
report business income or to claim an income tax deduction for business
expenses under the Internal Revenue Code of 1986.
Federal Prison System
salaries and expenses
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and
correctional institutions, including purchase (not to exceed 810, of
which 766 are for replacement only) and hire of law enforcement and
passenger motor vehicles, and for the provision of technical assistance
and advice on corrections related issues to foreign governments,
$5,435,754,000: Provided, That the Attorney General may transfer to the
Health Resources and Services Administration such amounts as may be
necessary for direct expenditures by that Administration for medical
relief for inmates of Federal penal and correctional institutions:
Provided further, That the Director of the Federal Prison System, where
necessary, may enter into contracts with a fiscal agent or fiscal
intermediary claims processor to determine the amounts payable to
persons who, on behalf of the Federal Prison System, furnish health
services to individuals committed to the custody of the Federal Prison
System: Provided further, That not to exceed $6,000 shall be available
for official reception and representation expenses: Provided further,
That not to exceed $50,000,000 shall remain available for necessary
operations until September 30, 2010: Provided further, That, of the
amounts provided for contract confinement, not to exceed $20,000,000
shall remain available until expended to make payments in advance for
grants, contracts and reimbursable agreements, and other expenses
authorized by section 501(c) of the Refugee Education Assistance Act of
1980 (8 U.S.C. 1522 note), for the care and security in the United
States of Cuban and Haitian entrants: Provided further, That the
Director of the Federal Prison System may accept donated property and
services relating to the operation of the prison card program from a
not-for-profit entity which has operated such program in the past
notwithstanding the fact that such not-for-profit entity furnishes
services under contracts to the Federal Prison System relating to the
operation of pre-release services, halfway houses, or other custodial
facilities.
buildings and facilities
For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use, including
all necessary expenses incident thereto, by contract or force account;
and constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account,
$535,807,000, to remain available until expended, of which not to
exceed $14,000,000 shall be available to construct areas for inmate
work programs: Provided, That labor of United States prisoners may be
used for work performed under this appropriation.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby authorized
to make such expenditures, within the limits of funds and borrowing
authority available, and in accord with the law, and to make such
contracts and commitments, without regard to fiscal year limitations as
provided by section 9104 of title 31, United States Code, as may be
necessary in carrying out the program set forth in the budget for the
current fiscal year for such corporation, including purchase (not to
exceed five for replacement only) and hire of passenger motor vehicles.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,328,000 of the funds of the Federal Prison
Industries, Incorporated shall be available for its administrative
expenses, and for services as authorized by section 3109 of title 5,
United States Code, to be computed on an accrual basis to be determined
in accordance with the corporation's current prescribed accounting
system, and such amounts shall be exclusive of depreciation, payment of
claims, and expenditures which such accounting system requires to be
capitalized or charged to cost of commodities acquired or produced,
including selling and shipping expenses, and expenses in connection
with acquisition, construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property belonging
to the corporation or in which it has an interest.
State and Local Law Enforcement Activities
Office on Violence Against Women
violence against women prevention and prosecution programs
For grants, contracts, cooperative agreements, and other assistance
for the prevention and prosecution of violence against women, as
authorized by the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3711 et seq.) (``the 1968 Act''); the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994
Act''); the Victims of Child Abuse Act of 1990 (Public Law 101-647)
(``the 1990 Act''); the Prosecutorial Remedies and Other Tools to end
the Exploitation of Children Today Act of 2003 (Public Law 108-21); the
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601
et seq.) (``the 1974 Act''); the Victims of Trafficking and Violence
Protection Act of 2000 (Public Law 106-386) (``the 2000 Act''); and the
Violence Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162) (``the 2005 Act''); $415,000,000, including
amounts for administrative costs, to remain available until expended:
Provided, That except as otherwise provided by law, not to exceed 3
percent of funds made available under this heading may be used for
expenses related to evaluation, training, and technical assistance:
Provided further, That of the amount provided--
(1) $15,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(2) $2,350,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by section
222 of the 1990 Act;
(3) $185,000,000 for grants to combat violence against
women, as authorized by part T of the 1968 Act, of which--
(A) $17,390,000 shall be for transitional housing
assistance grants for victims of domestic violence,
stalking or sexual assault as authorized by section
40299 of the 1994 Act; and
(B) $1,880,000 shall be for the National Institute
of Justice for research and evaluation of violence
against women and related issues addressed by grant
programs of the Office on Violence Against Women;
(4) $59,000,000 for grants to encourage arrest policies as
authorized by part U of the 1968 Act;
(5) $12,000,000 for sexual assault victims assistance, as
authorized by section 202 of the 2005 Act;
(6) $42,000,000 for rural domestic violence and child abuse
enforcement assistance grants, as authorized by section 40295
of the 1994 Act;
(7) $5,000,000 for training programs as authorized by
section 40152 of the 1994 Act, and for related local
demonstration projects;
(8) $3,030,000 for grants to improve the stalking and
domestic violence databases, as authorized by section 40602 of
the 1994 Act;
(9) $9,400,000 for grants to reduce violent crimes against
women on campus, as authorized by section 304 of the 2005 Act;
(10) $42,000,000 for legal assistance for victims, as
authorized by section 1201 of the 2000 Act;
(11) $4,500,000 for enhancing protection for older and
disabled women from domestic violence and sexual assault, as
authorized by section 40802 of the 1994 Act;
(12) $14,000,000 for the safe havens for children program,
as authorized by section 1301 of the 2000 Act;
(13) $6,580,000 for education and training to end violence
against and abuse of women with disabilities, as authorized by
section 1402 of the 2000 Act;
(14) $2,500,000 for an engaging men and youth in prevention
program, as authorized by the 2005 Act;
(15) $940,000 for analysis and research on violence against
Indian women, as authorized by section 904 of the 2005 Act;
(16) $940,000 for tracking of violence against Indian
women, as authorized by section 905 of the 2005 Act;
(17) $2,820,000 for services to advocate and respond to
youth, as authorized by section 401 of the 2005 Act;
(18) $2,770,000 for grants to assist children and youth
exposed to violence, as authorized by section 303 of the 2005
Act;
(19) $2,820,000 for the court training and improvements
program, as authorized by section 105 of the 2005 Act;
(20) $940,000 for grants for televised testimony, as
authorized by part N of the 1968 Act; and
(21) $940,000 for the National Resource Center on Workplace
Responses to assist victims of domestic violence, as authorized
by section 41501 of the 1994 Act.
Office of Justice Programs
justice assistance
For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act
of 1968; the Missing Children's Assistance Act (42 U.S.C. 5771 et
seq.); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-21); the
Justice for All Act of 2004 (Public Law 108-405); the Violence Against
Women and Department of Justice Reauthorization Act of 2005 (Public Law
109-162); the Victims of Crime Act of 1984 (Public Law 98-473); the
Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-
248); subtitle D of title II of the Homeland Security Act of 2002
(Public Law 107-296), which may include research and development; and
other programs (including Statewide Automated Victims Notification
Program); including salaries and expenses in connection therewith,
$240,000,000: Provided, That not to exceed $127,915,000 shall be
expended in total for Office of Justice Programs management and
administration: Provided further, That section 1404(c)(3)(E)(i) of the
Victims of Crime Act of 1984, as amended (42 U.S.C. 10603) is amended
after ``internships'' by inserting ``and for grants under subparagraphs
(1)(A) and (B), pursuant to rules or guidelines that generally
establish a publicly-announced, competitive process''.
state and local law enforcement assistance
(including transfer of funds)
For grants, contracts, cooperative agreements, and other assistance
authorized by the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and
Safe Streets Act of 1968 (``the 1968 Act''); the Justice for All Act of
2004 (Public Law 108-405); the Victims of Child Abuse Act of 1990
(Public Law 101-647) (``the 1990 Act''); the Trafficking Victims
Protection Reauthorization Act of 2005 (Public Law 109-164); the
Violence Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162); the Adam Walsh Child Protection and Safety
Act of 2006 (Public Law 109-248); the Second Chance Act of 2007 (Public
Law 110-199); and the Victims of Trafficking and Violence Protection
Act of 2000 (Public Law 106-386); and other programs; $1,387,000,000
(including amounts for administrative costs, which shall be transferred
to and merged with the ``Justice Assistance'' account), to remain
available until expended as follows:
(1) $580,000,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part E
of title I of the 1968 Act, (except that section 1001(c), and
the special rules for Puerto Rico under section 505(g), of the
1968 Act, shall not apply for purposes of this Act), of which
$5,000,000 is for use by the National Institute of Justice in
assisting units of local government to identify, select,
develop, modernize, and purchase new technologies for use by
law enforcement and $2,000,000 is for a program to improve
State and local law enforcement intelligence capabilities
including antiterrorism training and training to ensure that
constitutional rights, civil liberties, civil rights, and
privacy interests are protected throughout the intelligence
process;
(2) $400,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(i)(5) of the Immigration
and Nationality Act (8 U.S.C. 1231(i)(5)), of which $25,000,000
is for the Southwest Border Prosecutor Initiative to reimburse
State, county, parish, tribal or municipal governments only for
the costs associated with the prosecution of criminal cases
declined by local United States Attorneys Offices, $10,000,000
for the Northern Border Prosecutor Initiative to reimburse
State, county, parish, tribal or municipal governments only for
the costs associated with the prosecution of criminal cases
declined by local United States Attorneys Offices and
$10,000,000 for the Southeast Border Prosecutor Initiative to
reimburse State, county, parish, tribal or municipal
governments only for the costs associated with the prosecution
of criminal cases declined by local United States Attorneys
Offices;
(3) $20,000,000 for grants as authorized by sections 101
and 211 of Public Law 110-199;
(4) $190,000,000 for discretionary grants to improve the
functioning of the criminal justice system and to assist
victims of crime (other than compensation): Provided, That
these amounts are for making grants only in accordance with the
terms and conditions specified in the report accompanying this
Act;
(5) $40,000,000 for competitive grants to improve the
functioning of the criminal justice system and to assist
victims of crime (other than compensation);
(6) $2,000,000 for the purposes described in the Missing
Alzheimer's Disease Patient Alert Program (section 240001(c) of
the 1994 Act);
(7) $10,000,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of Public Law
106-386 and for programs authorized under Public Law 109-164;
(8) $30,000,000 for Drug Courts, as authorized by section
1001(25)(A) of title I of the 1968 Act;
(9) $3,000,000 for a prescription drug monitoring program;
(10) $5,000,000 for prison rape prevention and prosecution
and other programs, as authorized by the Prison Rape
Elimination Act of 2003 (Public Law 108-79) including
statistics, data, and research, of which $1,692,000 shall be
available to the National Prison Rape Elimination Commission
for authorized activities;
(11) $30,000,000 for assistance to Indian tribes, of
which--
(A) $15,000,000 shall be available for grants under
section 20109 of subtitle A of title II of the 1994
Act;
(B) $9,000,000 shall be available for the Tribal
Courts Initiative; and
(C) $6,000,000 shall be available for tribal
alcohol and substance abuse reduction assistance
grants;
(12) $10,000,000 for the Capital Litigation Improvement
Grant Program as authorized by section 426 of Public Law 108-
405;
(13) $12,000,000 for mental health courts and adult and
juvenile collaboration program grants, as authorized by parts V
and HH of title I of the 1968 Act; and
(14) $10,000,000 for grants for residential substance abuse
treatment for State prisoners, as authorized by part S of the
1968 Act:
Provided, That, if a unit of local government uses any of the funds
made available under this heading to increase the number of law
enforcement officers, the unit of local government will achieve a net
gain in the number of law enforcement officers who perform
nonadministrative public safety service.
weed and seed
For necessary expenses, including salaries and related expenses of
the Office of Weed and Seed Strategies, to implement ``Weed and Seed''
programs activities, $25,000,000, to remain available until expended as
authorized by section 103 of the Omnibus Crime Control and Safe Street
Act of 1968.
juvenile justice programs
(including transfer of funds)
For grants, contracts, cooperative agreements, and other assistance
authorized by the Juvenile Justice and Delinquency Prevention Act of
1974 (``the 1974 Act''), the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''), the Violence Against Women and Department
of Justice Reauthorization Act of 2005 (Public Law 109-162), and other
juvenile justice programs, including salaries and expenses in
connection therewith to be transferred to and merged with the
appropriations for Justice Assistance, $400,000,000, to remain
available until expended as follows:
(1) $500,000 for concentration of Federal efforts, as
authorized by section 204 of the 1974 Act;
(2) $74,500,000 for programs authorized by section 221 of
the 1974 Act, and for training and technical assistance to
assist small, non-profit organizations with the Federal grants
process;
(3) $65,000,000 for grants and projects, as authorized by
sections 261 and 262 of the 1974 Act: Provided, That these
amounts are for making grants only in accordance with the terms
and conditions specified in the report accompanying this Act;
(4) $80,000,000 for youth mentoring grants;
(5) $65,000,000 for delinquency prevention, as authorized
by section 505 of the 1974 Act, of which, pursuant to sections
261 and 262 thereof--
(A) $15,000,000 shall be for the Tribal Youth
Program;
(B) $10,000,000 shall be for a gang resistance
education and training program; and
(C) $25,000,000 shall be for grants of $360,000 to
each State and $4,840,000 shall be available for
discretionary grants, for programs and activities to
enforce State laws prohibiting the sale of alcoholic
beverages to minors or the purchase or consumption of
alcoholic beverages by minors, for prevention and
reduction of consumption of alcoholic beverages by
minors, and for technical assistance and training;
(6) $10,000,000 for expenses authorized by part AA of the
1968 Act (Secure Our Schools);
(7) $25,000,000 for programs authorized by the Victims of
Child Abuse Act of 1990; and
(8) $80,000,000 for the Juvenile Accountability Block
Grants program as authorized by part R of the 1968 Act and Guam
shall be considered a State: Provided, That not more than 10
percent of each amount may be used for research, evaluation,
and statistics activities designed to benefit the programs or
activities authorized: Provided further, That not more than 2
percent of each amount may be used for training and technical
assistance: Provided further, That the previous two provisos
shall not apply to grants and projects authorized by sections
261 and 262 of the 1974 Act.
public safety officers benefits
For payments and expenses authorized by part L of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796),
such sums as are necessary, as authorized by section 6093 of Public Law
100-690 (102 Stat. 4339-4340) (including amounts for administrative
costs, which amounts shall be paid to the ``Justice Assistance''
account), to remain available until expended; and $5,000,000 for
payments authorized by section 1201(b) of such Act; and $4,100,000 for
educational assistance, as authorized by section 1212 of such Act.
community oriented policing services
(including transfer of funds)
For activities authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322); the Omnibus Crime Control
and Safe Streets Act of 1968 (``the 1968 Act''); the Violence Against
Women and Department of Justice Reauthorization Act of 2005 (Public Law
109-162); subtitle D of title II of the Homeland Security Act of 2002
(Public Law 107-296), which may include research and development; and
the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law
109-177) (including administrative costs), $600,000,000, to remain
available until expended: Provided, That of the funds under this
heading, not to exceed $2,575,000 shall be available for the Office of
Justice Programs for reimbursable services associated with programs
administered by the Community Oriented Policing Services Office:
Provided further, That the Attorney General shall waive in whole the
matching requirement under section 1701(g) of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796dd(g)) for any grant
recipient located in a county or parish in which the President declared
a major disaster (as that term is defined in section 102 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122)) in response to Hurricane Katrina of 2005 or Hurricane Rita of
2005: Provided further, That any balances made available through prior
year deobligations shall only be available in accordance with section
505 of this Act. Of the amount provided (which shall be by transfer,
for programs administered by the Office of Justice Programs)--
(1) $25,850,000 is for the matching grant program for armor
vests for law enforcement officers, as authorized by section
2501 of the 1968 Act: Provided, That $1,880,000 is transferred
directly to the National Institute of Standards and
Technology's Office of Law Enforcement Standards from the
Community Oriented Policing Services Office for research,
testing, and evaluation programs: Provided further, That
section 2501(f) of part Y of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796ll(f) is
amended by inserting at the end the following:
``(3) Waiver.--The Director may waive in whole or in part,
the requirement of paragraph (1) in the case of fiscal
hardship, as determined by the Director.'';
(2) $61,187,000 is for grants to entities described in
section 1701 of the 1968 Act, to address public safety and
methamphetamine manufacturing, sale, and use in hot spots as
authorized by section 754 of Public Law 109-177 and for other
anti-methaphetamine-related activities: Provided, That these
amounts are for making grants only in accordance with the terms
and conditions specified in the report accompanying this Act;
(3) $110,000,000 is for a law enforcement technologies and
interoperable communications program, and related law
enforcement and public safety equipment: Provided, That these
amounts are for making grants only in accordance with the terms
and conditions specified in the report accompanying this Act;
(4) $5,960,000 is for grants to upgrade criminal records,
as authorized under the Crime Identification Technology Act of
1998 (42 U.S.C. 14601);
(5) $180,963,000 is for DNA related and forensic programs
and activities as follows:
(A) $151,000,000 for a DNA analysis and capacity
enhancement program including the purposes of section 2
of the DNA Analysis Backlog Elimination Act of 2000, as
amended by the Debbie Smith Act of 2004, and further
amended by Public Law 109-162;
(B) $5,000,000 for the purposes described in the
Kirk Bloodsworth Post-Conviction DNA Testing Program
(Public Law 108-405, section 412): Provided, That
unobligated funds appropriated in fiscal years 2006 and
2007 for grants as authorized under sections 412 and
413 of the foregoing public law are hereby made
available, instead, for the purposes here specified;
(C) $10,983,000 to reduce the turn-around-time for
the analysis of DNA evidence;
(D) $6,000,000 for DNA Training and Education for
Law Enforcement, Correctional Personnel, and Court
Officers as authorized by Public 108-405 section 303;
(E) $5,000,000 for DNA Research and Development as
authorized by Public Law 108-405 section 305; and
(F)$3,000,000 for the DNA Identification of Missing
Persons as authorized by Public Law 108-405 section
308;
(6) $15,040,000 is for improving tribal law enforcement,
including equipment and training;
(7) $20,000,000 is for programs to reduce gun crime and
gang violence;
(8) $6,000,000 is for training and technical assistance;
(9) $40,000,000 is for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968 Act;
(10) not to exceed $30,000,000 is for program management
and administration;
(11) $50,000,000 is for grants under section 1701 of title
I of the 1968 Act (42 U.S.C. 3796dd) for the hiring and
rehiring of additional career law enforcement officers under
part Q of such title notwithstanding subsection (i) of such
section; and
(12) $55,000,000 is for a national grant program 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 State offender registration laws
described in section 1701(b) of the 1968 Act, of which:
(A) $5,000,000 is for sex offender management
assistance as authorized by the Adam Walsh Child
Protection and Safety Act of 2006 (Public Law 109-162),
and the Violent Crime Control Act of 1994 (Public Law
103-322); and
(B) $2,000,000 is for the National Sex Offender
Public Registry.
General Provisions--Department of Justice
Sec. 201. In addition to amounts otherwise made available in this
title for official reception and representation 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 reception 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 remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside
the Federal facility: Provided, That nothing in this section in any way
diminishes the effect of section 203 intended to address the
philosophical beliefs of individual employees of the Bureau of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice in
this Act may be transferred between such appropriations, but no such
appropriation, except 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 compliance with the procedures set
forth in that section: Provided 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 Expenses,
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 delegated, and shall be subject to section 505 of this
Act.
Sec. 206. The Attorney General is authorized to extend through
September 30, 2010, the Personnel Management Demonstration Project
transferred to the Attorney General pursuant to section 1115 of the
Homeland Security Act of 2002, Public Law 107-296 (6 U.S.C. 533)
without limitation on the number of employees or the positions covered.
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 Bureau 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
prisoner, 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 television services, to rent
or purchase videocassettes, videocassette recorders, or other
audiovisual or electronic equipment used primarily for recreational
purposes.
(b) The preceding sentence does not preclude the renting,
maintenance, or purchase of audiovisual or electronic equipment for
inmate training, religious, or educational 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 technology 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 technology 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. Any deviation from the amounts designated for specific
activities in this Act and accompanying report, or any use of
deobligated balances of funds provided under this title in previous
years, shall be subject to the procedures set forth in section 505 of
this Act.
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 successor administrative regulation, directive, or policy for 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. Of the funds appropriated in this Act for the Federal
Bureau of Investigation's Sentinel program, $25,000,000 shall not be
available for obligation until 90 days after the Committees on
Appropriations receive from the Federal Bureau of Investigation a
report on the results of a completed integrated baseline review for
Sentinel: Provided, That the report shall be submitted simultaneously
to the Government Accountability Office: Provided further, That the
Government Accountability Office shall review the Bureau's performance
measurement baseline for the Sentinel program and shall submit its
findings to the Committees on Appropriations of the Senate and House of
Representatives within 60 days of its receipt of the report.
Sec. 215. None of the funds appropriated in this or any other Act
shall be obligated for the initiation of a future phase of the Federal
Bureau of Investigation's Sentinel program until the Attorney General
certifies to the Committees on Appropriations that existing phases
currently 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 referred to in
section 214 of this Act: Provided, That this restriction does not apply
to planning and design activities for future phases: Provided further,
That the Bureau will notify the Committees on Appropriations of any
significant changes to the baseline.
Sec. 216. (a) The Attorney General shall submit quarterly reports
to the Inspector General of the Department of Justice regarding the
costs and contracting procedures relating to each conference held by
the Department of Justice during fiscal year 2008 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 Government
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 conference; 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 evaluating potential
contractors for that conference.
This title may be cited as the ``Department of Justice
Appropriations Act, 2009''.
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 National 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, $5,184,000.
National Aeronautics and Space Administration
science
For necessary expenses, not otherwise provided for, in the conduct
and support of science research and development activities, including
research, development, operations, 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 compliance and
restoration; space flight, spacecraft control, and communications
activities; program management; 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, $4,522,884,000, to remain 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; 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
compliance and restoration; space flight, spacecraft control, and
communications activities; program management; 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.
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; 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
compliance and restoration; space flight, spacecraft control, and
communications activities; program management, 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, $3,530,490,000, 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, development, operations, support and services;
space flight, spacecraft control and communications activities
including operations, production, 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 compliance and
restoration; program management; 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, $5,774,710,000, to remain available until
September 30, 2010.
education
For necessary expenses, not otherwise provided for, in carrying out
aerospace and aeronautical education research and development
activities, including research, development, operations, support, and
services; program management; personnel and related costs, 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, $130,012,000, 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, exploration, space operations and
education research and development activities, including research,
development, operations, 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 compliance and
restoration; space flight, spacecraft control, and communications
activities; program management; 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; not to
exceed $70,000 for official reception and representation expenses; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $3,320,404,000, to remain available until
September 30, 2010: Provided, That of the amount provided under this
heading, $80,000,000 shall be for making grants only in accordance with
the terms and conditions specified in the report accompanying this Act.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $35,500,000, to remain
available until September 30, 2010.
administrative provisions
Notwithstanding the limitation on the duration of availability of
funds appropriated to the National Aeronautics 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
revitalization 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 ``Office of Inspector General'',
the amounts appropriated for construction of facilities shall remain
available until September 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. Funding shall not be made available for
Centennial Challenges unless authorized.
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the National Aeronautics and Space
Administration in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent by
any such transfers. Any transfer pursuant to this provision shall be
treated as a reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance 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 appropriations 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.
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;
acquisition of aircraft; and authorized travel; $5,593,990,000, 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 operational and science support and logistical and other related
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 National 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
furnished by the National Research Centers and other National Science
Foundation supported research facilities may be credited to this
appropriation.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment, facilities,
and other such capital assets pursuant 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), including services as authorized by 5 U.S.C. 3109, authorized
travel, and rental of conference rooms in the District of Columbia,
$790,410,000, to remain available until September 30, 2010.
agency operations and award management
For agency operations and award management necessary 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 vehicles; not to exceed $9,000 for official reception and
representation 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; $300,560,000: Provided, That contracts may be
entered into under this heading in fiscal year 2009 for maintenance and
operation of facilities, and for other services, to be provided during
the next fiscal year.
office of the national science board
For necessary expenses (including payment of salaries, 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 section 3109 of title 5, United States Code) involved
in carrying 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: Provided, That not to exceed $2,500 shall be
available for official reception and representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, as amended,
$13,100,000, to remain available until September 30, 2010.
This title may be cited as the ``Science Appropriations 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 appropriated in this paragraph shall be used to employ in
excess of four full-time individuals under Schedule C of the Excepted
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 Civil Rights Act of 1964,
the Age Discrimination in Employment 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 authorized 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
services to the Commission, $341,925,000: Provided, That the Commission
is authorized to make available for official reception and
representation expenses not to exceed $2,500 from available funds:
Provided further, That the Commission may take no action to implement
any workforce repositioning, 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 accept 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 exceed $2,500 for official reception and
representation expenses, $75,000,000, 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 $369,000,000 is for basic field programs and required
independent audits; $3,200,000 is for the Office of Inspector General,
of which such amounts as may be necessary may be used to conduct
additional audits of recipients; $13,000,000 is for management and
administration; and $3,800,000 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 officers and employees at a rate no greater than that provided
by the Federal Government to Washington, DC-based employees 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 purpose prohibited or limited by,
or contrary to any of the 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 Commission as
authorized by title II of Public Law 92-522, $2,400,000.
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 passenger motor vehicles and the
employment of experts and consultants as authorized by 5 U.S.C. 3109,
$46,272,000, 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: Provided further, That
negotiations shall be conducted within the World Trade Organization to
recognize the right of members to distribute monies collected from
antidumping and countervailing duties: Provided further, That
negotiations shall be conducted within the World Trade Organization
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 1992
(Public Law 102-572), $5,000,000: Provided, That not to exceed $2,500
shall be available 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 procurement 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 where otherwise provided under existing law, or
under existing Executive order issued pursuant to existing law.
Sec. 504. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid, the
remainder of the Act and the application of each provision to persons
or circumstances other than those as to which it is held invalid shall
not be affected 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 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 a reprogramming of funds that: (1) creates new programs; (2)
eliminates a program, project, or activity; (3) increases funds or
personnel by any means for any project or activity for which funds have
been denied or restricted; (4) relocates an office or employees; (5)
reorganizes or renames offices, programs, or activities; or (6)
contracts out or privatizes any functions or activities presently
performed by Federal employees; unless the House and Senate Committees
on Appropriations are notified 15 days in advance of such reprogramming
of funds.
(b) 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 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 for activities,
programs, or projects through a reprogramming of funds in excess of
$500,000 or 10 percent, whichever is less, that: (1) augments existing
programs, projects, or activities; (2) reduces by 10 percent funding
for any existing program, project, or activity, or numbers of personnel
by 10 percent as approved by Congress; or (3) results from any general
savings, including savings from a reduction in personnel, which would
result in a change in existing programs, activities, or projects as
approved by Congress; unless the House and Senate Committees on
Appropriations are notified 15 days in advance of such reprogramming of
funds.
Sec. 506. Hereafter, none of the funds made available in this or
any other Act may be used to implement, administer, or enforce any
guidelines of the Equal Employment 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 proposed guidelines
published by the Commission on October 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 inscription 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 Justice, 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
unobligated 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 prevent, personnel actions taken in
response to funding reductions 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 between
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 connection 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 require 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 hours after the system advises a Federal firearms licensee
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 established 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 discriminate 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 instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 515. Any funds provided in this Act used to implement E-
Government Initiatives shall be subject to the procedures set forth in
section 505 of this Act.
Sec. 516. (a) Tracing studies conducted by the Bureau of Alcohol,
Tobacco, Firearms and Explosives are released without adequate
disclaimers regarding the limitations 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 firearms-related crime:
(1) Firearm traces are designed to assist law enforcement
authorities in conducting investigations by tracking the sale
and possession of specific firearms. Law enforcement agencies
may request firearms 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 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 Department of Commerce,
the Department of Justice, the National Aeronautics and Space
Administration, the National Science Foundation, and the Legal Services
Corporation 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
initiating 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, Administrator, Director, or President, as
appropriate, shall make the results of the audit available to the
public on the Internet website maintained by the Department,
Administration, 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
(2) sensitive personal information for any individual, 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 appropriated 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 banquet
or conference held in connection with planning, training, 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 statement 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 interest 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 requirements, 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 otherwise 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 employee of the United States Government.
Sec. 520. (a) Notwithstanding any other provision of law or treaty,
none of the funds appropriated or otherwise made available under this
Act or any other Act may be expended or obligated by a department,
agency, or instrumentality 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 license for the export to Canada
of components, parts, accessories 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 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 export 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 subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components 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 Municipal Government of
Canada; or
(C) articles for export from Canada to another
foreign destination.
(c) In accordance with this section, the District Directors of
Customs and postmasters shall permit the permanent or temporary export
without a license of any unclassified articles specified in subsection
(a) to Canada for end use in Canada or return to the United States, or
temporary 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 determines, upon publication first
in the Federal Register, that the Government of Canada has implemented
or maintained 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 international terrorism or in
the escalation of a conflict in another nation. The President shall
terminate the requirements of a license when reasons for the temporary
requirements 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 478.112 or .113, for a permit to
import United States origin ``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 multilateral 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 authorizing 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 program manager of
a project within the jurisdiction of the Departments of Commerce or
Justice, the National Aeronautics and Space Administration, or the
National Science Foundation totaling more than $75,000,000 has
reasonable cause to believe that the total program cost has increased
by 10 percent, the program manager shall immediately 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
performance 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. Notwithstanding section 505 of this Act, no funds shall
be reprogrammed within or transferred between appropriations after June
30, except in extraordinary circumstances.
Sec. 526. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence or intelligence related
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. 527. The Departments, agencies, and commissions funded under
this Act, shall establish and maintain on the homepages of their
Internet websites--
(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 anonymously report cases of
waste, fraud, or abuse with respect to those Departments,
agencies, and commissions.
Sec. 528. None of the funds appropriated or otherwise 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 prospective 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 3 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 certification,
been notified of any unpaid Federal tax assessment for which the
liability remains unsatisfied, unless the assessment is the subject of
an installment agreement or offer in compromise that has been approved
by the Internal Revenue Service and is not in default, or the
assessment is the subject of a non-frivolous administrative or judicial
proceeding.
Sec. 529. None of the funds appropriated or otherwise 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, including
antidumping, countervailing duty, and safeguard laws;
(2) to avoid agreements that--
(A) lessen the effectiveness of domestic and
international disciplines on unfair trade, especially
dumping and subsidies; or
(B) lessen the effectiveness of domestic and
international safeguard provisions, in order to ensure
that United States workers, agricultural 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 barriers.
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 attendance of more than 50 employees
from a Federal department or agency at any single conference occurring
outside the United States.
(rescissions)
Sec. 532. (a) Of the unobligated balances available to the
Department of Commerce from prior appropriations, the following funds
are hereby rescinded from the following accounts and programs in the
specified amounts:
(1) ``International Trade Administration, Operations and
Administration'', $2,000,000; and
(2) ``Economic Development Administration, Economic
Development Assistance Programs'', $15,000,000.
(b) Of the unobligated balances available to the Department of
Justice from prior appropriations, the following funds are hereby
rescinded from the following accounts in the specified amounts:
(1) ``General Administration, Working Capital Fund'',
$120,911,000;
(2) ``Legal Activities, Assets Forfeiture Fund'',
$285,000,000;
(3) ``Office of Justice Programs'', $100,000,000; and
(4) ``Community Oriented Policing Services'', $100,000,000.
This Act may be cited as the ``Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2009''.
Calendar No. 831
110th CONGRESS
2d Session
S. 3182
[Report No. 110-397]
_______________________________________________________________________
A BILL
Making appropriations for the Departments of Commerce and Justice,
science, and related agencies for the fiscal year ending September 30,
2009, and for other purposes.
_______________________________________________________________________
June 23, 2008
Read twice and placed on the calendar