[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