[Congressional Record (Bound Edition), Volume 155 (2009), Part 17]
[Senate]
[Pages 23502-23515]
[From the U.S. Government Publishing Office, www.gpo.gov]




 COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 
                                  2010

  The PRESIDING OFFICER. Under the previous order, the Senate will 
proceed to the consideration of H.R. 2847.
  The clerk will state the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 2847) making appropriations for the 
     Departments of Commerce, and Justice, and Science, and 
     Related Agencies for the fiscal year ending September 30, 
     2010, and for other purposes.

  The Senate proceeded to consider the bill (H.R. 2847) which had been 
reported from the Committee on Appropriations, with an amendment to 
strike all after the enacting clause and insert in lieu thereof the 
following:

     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2010, 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, $455,704,000, to remain available until September 
     30, 2011, 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 not less than $49,530,000 shall be for Manufacturing and 
     Services; not less than $43,212,000 shall be for Market 
     Access and Compliance; not less than $68,290,000 shall be for 
     the Import Administration; not less than $257,938,000 shall 
     be for the Trade Promotion and United States and Foreign 
     Commercial Service; and not less than $27,295,000 shall be 
     for Executive Direction and Administration: 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, to 
     maintain strong U.S. remedies laws, correct the problem of 
     overreaching by World Trade Organization Panels and Appellate 
     Body, and prevent the creation of obligation never negotiated 
     or expressly agreed to by the United States: Provided 
     further, That within the amounts appropriated, $1,500,000 
     shall be used for the projects, and in the amounts, specified 
     in the table entitled ``Congressionally designated projects'' 
     in the report of the Committee on Appropriations of the 
     Senate to accompany this Act.

                    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, $100,342,000, 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: Provided, That of the amounts 
     provided, no more than $4,000,000 may be transferred to 
     ``Economic Development Administration, Salaries and 
     Expenses'' to conduct management oversight and administration 
     of public works grants.

                         salaries and expenses

       For necessary expenses of administering the economic 
     development assistance programs as provided for by law, 
     $38,000,000: 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.

[[Page 23503]]



                  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, 
     $31,200,000: Provided, That within the amounts appropriated, 
     $200,000 shall be used for the projects, and in the amounts, 
     specified in the table entitled, ``Congressionally designated 
     projects'' in the report of the Committee on Appropriations 
     of the Senate to accompany this Act.

                   Economic and Statistical Analysis

                         salaries and expenses

       For necessary expenses, as authorized by law, of economic 
     and statistical analysis programs of the Department of 
     Commerce, $100,600,000, to remain available until September 
     30, 2011.

                          Bureau of the Census

                         salaries and expenses

       For expenses necessary for collecting, compiling, 
     analyzing, preparing, and publishing statistics, provided for 
     by law, $259,024,000.

                     periodic censuses and programs

       For necessary expenses to collect and publish statistics 
     for periodic censuses and programs provided for by law, 
     $7,065,707,000, to remain available until September 30, 2011: 
     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), $19,999,000, to remain available until September 30, 
     2011: Provided, That, notwithstanding 31 U.S.C. 1535(d), the 
     Secretary of Commerce shall charge Federal agencies for costs 
     incurred in spectrum management, analysis, operations, and 
     related services, and such fees shall be retained and used as 
     offsetting collections for costs of such spectrum services, 
     to remain available until expended: Provided further, That 
     the Secretary of Commerce is authorized to retain and use as 
     offsetting collections all funds transferred, or previously 
     transferred, from other Government agencies for all costs 
     incurred in telecommunications research, engineering, and 
     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.

               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, $1,930,361,000, 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 2010, so as to result in a fiscal year 2010 
     appropriation from the general fund estimated at $0: Provided 
     further, That during fiscal year 2010, should the total 
     amount of offsetting fee collections be less than 
     $1,930,361,000, this amount shall be reduced accordingly: 
     Provided further, That of the amount received in excess of 
     $1,930,361,000 in fiscal year 2010, in an amount up to 
     $100,000,000 shall remain until expended: Provided further, 
     That from amounts provided herein, not to exceed $1,000 shall 
     be made available in fiscal year 2010 for official reception 
     and representation expenses: Provided further, That of the 
     amounts provided to the USPTO within this account, 
     $25,000,000 shall not become available for obligation until 
     the Director of the USPTO has completed a comprehensive 
     review of the assumptions behind the patent examiner 
     expectancy goals and adopted a revised set of expectancy 
     goals for patent examination: Provided further, That in 
     fiscal year 2010 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 2010: Provided further, 
     That the Director may, this year, reduce by regulation fees 
     payable for documents in patent and trademark matters, in 
     connection with the filing of documents filed electronically 
     in a form prescribed by the Director: Provided further, That 
     $2,000,000 shall be transferred to ``Office of Inspector 
     General'' for activities associated with carrying out 
     investigations and audits related to the USPTO.

             National Institute of Standards and Technology

             scientific and technical research and services

       For necessary expenses of the National Institute of 
     Standards and Technology, $520,300,000, to remain available 
     until expended, of which not to exceed $9,000,000 may be 
     transferred to the ``Working Capital Fund'': Provided, That 
     not to exceed $5,000 shall be for official reception and 
     representation expenses: Provided further, That within the 
     amounts appropriated, $10,500,000 shall be used for the 
     projects, and in the amounts, specified in the table entitled 
     ``Congressionally designated projects'' in the report of the 
     Committee on Appropriations of the Senate to accompany this 
     Act.

                     industrial technology services

       For necessary expenses of the Hollings Manufacturing 
     Extension Partnership of the National Institute of Standards 
     and Technology, $124,700,000, to remain available until 
     expended. In addition, for necessary expenses of the 
     Technology Innovation Program of the National Institute of 
     Standards and Technology, $69,900,000, to remain available 
     until expended.

                  construction of research facilities

       For construction of new research facilities, including 
     architectural and engineering design, and for renovation and 
     maintenance of existing facilities, not otherwise provided 
     for the National Institute of Standards and Technology, as 
     authorized by 15 U.S.C. 278c-278e, $163,900,000, to remain 
     available until expended: Provided, That within the amounts 
     appropriated, $47,000,000 shall be used for the projects, and 
     in the amounts, specified in the table entitled 
     ``Congressionally designated projects'' in the report of the 
     Committee on Appropriations of the Senate to accompany 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, $3,301,131,000, to remain available until 
     September 30, 2011, except for funds provided for cooperative 
     enforcement, which shall remain available until September 30, 
     2012: 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 $104,600,000 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 $3,304,131,000 
     provided for in direct obligations under this heading 
     $3,301,131,000 is appropriated from the general fund, 
     $3,000,000 is provided by transfer: Provided further, That 
     the total amount available for the National Oceanic and 
     Atmospheric Administration corporate services administrative 
     support costs shall not exceed $226,809,000: 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 
     within the amounts appropriated, $57,725,000 shall be used 
     for the projects, and in the amounts, specified in the table 
     entitled ``Congressionally designated projects'' in the 
     report of the Committee on Appropriations of the Senate to 
     accompany 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

[[Page 23504]]

     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.
       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. 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, 
     $1,397,685,000, to remain available until September 30, 2012, 
     except funds provided for construction of facilities which 
     shall remain available until expended: Provided, 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: Provided further, That the 
     Secretary of Commerce is authorized to enter into a lease, at 
     no cost to the United States Government, with the Regents of 
     the University of Alabama for a term of not less than 55 
     years, with two successive options each of 5 years, for land 
     situated on the campus of University of Alabama in Tuscaloosa 
     to house the Cooperative Institute and Research Center for 
     Southeast Weather and Hydrology: Provided further, That 
     within the amounts appropriated, $19,000,000 shall be used 
     for the projects, and in the amounts, specified in the table 
     entitled ``Congressionally designated projects'' in the 
     report of the Committee on Appropriations of the Senate to 
     accompany this Act.

                    pacific coastal salmon recovery

       For necessary expenses associated with the restoration of 
     Pacific salmon populations, $80,000,000, to remain available 
     until September 30, 2011: 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 
     conservation 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: 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.

                      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 2010, obligations of direct loans 
     may not exceed $16,000,000 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 reception and representation, 
     $61,000,000: Provided, That the Secretary, within 120 days of 
     enactment of this Act, shall provide a report to the 
     Committee on Appropriations of the Senate that audits and 
     evaluates all decision documents and expenditures by the 
     Bureau of the Census as they relate to the 2010 Census: 
     Provided further, That of the amounts provided to the 
     Secretary within this account, $5,000,000 shall not become 
     available for obligation until the Secretary certifies to the 
     Committee on Appropriations of the Senate that the Bureau of 
     the Census has followed and met all standards and best 
     practices, and all Office of Management and Budget guidelines 
     related to information technology projects and contract 
     management.

        herbert c. hoover building renovation and modernization

       For expenses necessary, including blast windows, for the 
     renovation and modernization of the Herbert C. Hoover 
     Building, $22,500,000, 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.), $27,000,000.

               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.  The requirements set forth by section 112 of 
     division B of Public Law 110-161 are hereby adopted by 
     reference.
       Sec. 106.  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, DC, 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. 107.  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.
       Sec. 108.  Section 101(k) of the Emergency Steel Loan 
     Guarantee Act of 1999 (15 U.S.C. 1841 note) is amended by 
     striking ``2009'' and inserting ``2011''.
       Sec. 109.  Nothing in this title shall be construed to 
     prevent a grant recipient from deterring child pornography, 
     copyright infringement, or any other unlawful activity over 
     its networks.
       Sec. 110.  The National Marine Fisheries Service is 
     authorized to accept land, buildings,

[[Page 23505]]

     equipment, and other contributions including funding, from 
     public and private sources, which shall be available until 
     expended without further appropriation to conduct work 
     associated with existing authorities.
        This title may be cited as the ``Department of Commerce 
     Appropriations Act, 2010''.

                                TITLE II

                         DEPARTMENT OF JUSTICE

                         General Administration

                         salaries and expenses

       For expenses necessary for the administration of the 
     Department of Justice, $118,488,000, of which not to exceed 
     $4,000,000 for security and construction of Department of 
     Justice facilities shall 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 $18,693,000 is 
     for Department Leadership; $8,101,000 is for 
     Intergovernmental Relations/External Affairs; $12,715,000 is 
     for Executive Support/Professional Responsibility; and 
     $78,979,000 is for the Justice Management Division: Provided 
     further, That any change in amounts specified in the 
     preceding proviso 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, $95,000,000, to remain available until expended, 
     of which $21,132,000 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 communications, and for the costs of operations 
     and maintenance of existing Land Mobile Radio legacy systems, 
     $206,143,000, 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, 
     $300,685,000, 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.

                           Detention Trustee

       For necessary expenses of the Federal Detention Trustee, 
     $1,438,663,000, 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, 
     $84,368,000, including not to exceed $10,000 to meet 
     unforeseen emergencies of a confidential character, of which 
     $2,000,000 is designated as being for overseas deployments 
     and other activities pursuant to sections 401(c)(4) and 
     423(a)(1) of S. Con. Res. 13 (111th Congress), the concurrent 
     resolution on the budget for fiscal year 2010.

                    United States Parole Commission

                         salaries and expenses

       For necessary expenses of the United States Parole 
     Commission as authorized, $12,859,000.

                            Legal Activities

            salaries and expenses, general legal activities

                     (including transfer of funds)

       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, $875,097,000, of which $2,500,000 is designated as 
     being for overseas deployments and other activities pursuant 
     to sections 401(c)(4) and 423(a)(1) of S. Con. Res. 13 (111th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2010; and 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 
     election monitoring program under section 8 of the Voting 
     Rights Act of 1965 (42 U.S.C. 1973f): Provided further, That 
     of the amounts provided under this heading for the election 
     monitoring 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, $163,170,000, 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 $102,000,000 in fiscal year 2010), 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 2010, so as to result in a 
     final fiscal year 2010 appropriation from the general fund 
     estimated at $61,170,000.

             salaries and expenses, united states attorneys

       For necessary expenses of the Offices of the United States 
     Attorneys, including inter-governmental and cooperative 
     agreements, $1,926,003,000: 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: Provided further, That of the 
     amount provided under this heading, not less than $36,980,000 
     shall be used for salaries and expenses for assistant U.S. 
     Attorneys to carry out section 704 of the Adam Walsh Child 
     Protection and Safety Act of 2006 (Public Law 109-248) 
     concerning the prosecution of offenses relating to the sexual 
     exploitation of children.

                   united states trustee system fund

       For necessary expenses of the United States Trustee 
     Program, as authorized, $224,488,000, 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, $210,000,000 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 2010, 
     so as to result in a final fiscal year 2010 appropriation 
     from the Fund estimated at $9,488,000.

      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, 
     $2,117,000.

                     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 $11,000,000 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, 
     $11,479,000: 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 preceding 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.

[[Page 23506]]



                         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, $1,125,763,000; of which not to exceed $30,000 shall 
     be available for official reception and representation 
     expenses; of which not to exceed $4,000,000 shall remain 
     available until expended for information technology systems.

                              construction

       For construction in space controlled, occupied or utilized 
     by the United States Marshals Service for prisoner holding 
     and related support, $26,625,000, to 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.

                       National Security Division

                         salaries and expenses

       For expenses necessary to carry out the activities of the 
     National Security Division, $87,938,000; 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 preceding 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, $515,000,000, 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; $7,668,622,000, of which 
     $101,066,000 is designated as being for overseas deployments 
     and other activities pursuant to sections 401(c)(4) and 
     423(a)(1) of S. Con. Res. 13 (111th Congress), the concurrent 
     resolution on the budget for fiscal year 2010; and of which 
     not to exceed $150,000,000 shall remain available until 
     expended: Provided, That not to exceed $205,000 shall be 
     available for official reception and representation expenses: 
     Provided further, That notwithstanding section 205 of this 
     Act, the Director of the Federal Bureau of Investigation, 
     upon a determination that additional funding is necessary to 
     carry out construction of the Biometrics Technology Center, 
     may transfer from amounts available for ``Salaries and 
     Expenses'' to amounts available for ``Construction'' up to 
     $30,000,000 in fees collected to defray expenses for the 
     automation of fingerprint identification and criminal justice 
     information services and associated costs: Provided further, 
     That any transfer made pursuant to the previous proviso shall 
     be subject to section 505 of this Act.

                              construction

       For all necessary expenses, to include the cost of 
     equipment, furniture, and information technology 
     requirements, related to construction or acquisition of 
     buildings, facilities and sites by purchase, or as otherwise 
     authorized by law; conversion, modification and extension of 
     federally owned buildings; and preliminary planning and 
     design of projects; $244,915,000, 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, 
     $2,014,682,000; of which $10,000,000 is designated as being 
     for overseas deployments and other activities pursuant to 
     sections 401(c)(4) and 423(a)(1) of S. Con. Res. 13 (111th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2010; and 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, 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, $1,114,772,000, 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 $10,000,000 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 2010: Provided further, That, 
     beginning in fiscal year 2010 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; or (2) a foreign law enforcement 
     agency solely in connection with or for use in a criminal 
     investigation or prosecution; or solely in connection with 
     and for use in a criminal investigation or prosecution; or 
     (3) a Federal agency for a national security or intelligence 
     purpose; unless such disclosure of such date to any of the 
     entities described in (1), (2) or (3) of this proviso would 
     compromise the identity of any undercover law enforcement 
     officer or confidential informant, or interfere with any case 
     under investigation; and no person or entity described in 
     (1), (2) or (3) shall knowingly or publicly disclose such 
     data; 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.

[[Page 23507]]



                              construction

       For necessary expenses to construct or acquire buildings 
     and sites to 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; $6,000,000, to remain until 
     expended.

                         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 831, of which 743 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, $5,979,831,000, of 
     which $10,500,000 is designated as being for overseas 
     deployments and other activities pursuant to sections 
     401(c)(4) and 423(a)(1) of S. Con. Res. 13 (111th Congress), 
     the concurrent resolution on the budget for fiscal year 2010: 
     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, 2011: 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, $99,155,000, to remain available until expended, of 
     which not less than $73,769,000 shall be available only for 
     modernization, maintenance and repair, and 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 $2,700,000 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''); and for related 
     victims services, $435,000,000, 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 (which shall be by transfer, for programs 
     administered by the Office of Justice Programs)--
       (1) $15,000,000 for the court-appointed special advocate 
     program, as authorized by section 217 of the 1990 Act;
       (2) $2,500,000 for child abuse training programs for 
     judicial personnel and practitioners, as authorized by 
     section 222 of the 1990 Act;
       (3) $200,000,000 for grants to combat violence against 
     women, as authorized by part T of the 1968 Act, of which--
       (A) $18,000,000 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) $2,000,000 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) $60,000,000 for grants to encourage arrest policies as 
     authorized by part U of the 1968 Act;
       (5) $15,000,000 for sexual assault victims assistance, as 
     authorized by section 41601 of the 1994 Act;
       (6) $41,000,000 for rural domestic violence and child abuse 
     enforcement assistance grants, as authorized by section 40295 
     of the 1994 Act;
       (7) $3,000,000 for training programs as authorized by 
     section 40152 of the 1994 Act, and for related local 
     demonstration projects;
       (8) $3,000,000 for grants to improve the stalking and 
     domestic violence databases, as authorized by section 40602 
     of the 1994 Act;
       (9) $9,500,000 for grants to reduce violent crimes against 
     women on campus, as authorized by section 304 of the 2005 
     Act;
       (10) $45,000,000 for legal assistance for victims, as 
     authorized by section 1201 of the 2000 Act;
       (11) $4,250,000 for enhanced training and services to end 
     violence against and abuse of women in later life, 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) $6,750,000 for education and training to end violence 
     against and abuse of women with disabilities, as authorized 
     by section 1402 of the 2000 Act;
       (14) $3,000,000 for an engaging men and youth in prevention 
     program, as authorized by section 41305 of the 1994 Act;
       (15) $1,000,000 for analysis and research on violence 
     against Indian women, as authorized by section 904 of the 
     2005 Act;
       (16) $1,000,000 for tracking of violence against Indian 
     women, as authorized by section 905 of the 2005 Act;
       (17) $3,500,000 for services to advocate and respond to 
     youth, as authorized by section 41201 of the 1994 Act;
       (18) $3,000,000 for grants to assist children and youth 
     exposed to violence, as authorized by section 41303 of the 
     1994 Act;
       (19) $3,000,000 for the court training and improvements 
     program, as authorized by section 41002 of the 1994 Act;
       (20) $500,000 for the National Resource Center on Workplace 
     Responses to assist victims of domestic violence, as 
     authorized by section 41501 of the 1994 Act; and
       (21) $1,000,000 for grants for televised testimony, as 
     authorized by part N of title I of the 1968 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 Second Chance Act of 2007 (Public Law 110-
     199); the Victims of Child Abuse Act of 1990 (Public Law 101-
     647); 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); the PROTECT Our Children Act of 2008 
     (Public Law 110-401); 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 the 
     Statewide Automated Victim Notification Program); 
     $215,000,000, to remain available until expended, of which:
       (1) $40,000,000 is for criminal justice statistics 
     programs, pursuant to part C of the 1968 Act, of which 
     $35,000,000 is for the National Crime Victimization Survey;
       (2) $48,000,000 is for research, development, and 
     evaluation programs;

[[Page 23508]]

       (3) $12,000,000 is for the Statewide Victim Notification 
     System of the Bureau of Justice Assistance;
       (4) $45,000,000 is for the Regional Information System 
     Sharing System, as authorized by part M of title I of the 
     1968 Act; and
       (5) $70,000,000 is for the Missing Children's Program.

               state and local law enforcement assistance

       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; 
     $1,159,000,000, to remain available until expended as 
     follows:
       (1) $510,000,000 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, $2,000,000 is for a program to 
     improve State and local law enforcement intelligence 
     capabilities including anti-terrorism training and training 
     to ensure that constitutional rights, civil liberties, civil 
     rights, and privacy interests are protected throughout the 
     intelligence process, $10,000,000 is to support the 
     Nationwide Pegasus Program in coordination with the National 
     Sheriff's Association, for rural and non-urban law 
     enforcement databases and connectivity to enhance information 
     sharing technology capacity, and $10,000,000 is for 
     implementation of a student loan repayment assistance program 
     pursuant to section 952 of Public Law 110-315;
       (2) $178,500,000 for discretionary grants to improve the 
     functioning of the criminal justice system, to prevent or 
     combat juvenile delinquency, and to assist victims of crime 
     (other than compensation): Provided, That within the amounts 
     appropriated, $178,500,000 shall be used for the projects, 
     and in the amounts specified in the table entitled 
     ``Congressionally designated projects'' in the report of the 
     Committee on Appropriations of the Senate to accompany this 
     Act;
       (3) $40,000,000 for competitive grants to improve the 
     functioning of the criminal justice system, to prevent or 
     combat juvenile delinquency, and to assist victims of crime 
     (other than compensation) of which $8,000,000 shall be 
     available for the SMART Office activities and $2,000,0000 
     shall be available for grants to States and local law 
     enforcement agencies as authorized by section 5 of Public Law 
     110-344;
       (4) $2,000,000 for the purposes described in the Missing 
     Alzheimer's Disease Patient Alert Program (section 240001 of 
     the 1994 Act);
       (5) $15,000,000 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;
       (6) $40,000,000 for Drug Courts, as authorized by section 
     1001(25)(A) of title I of the 1968 Act;
       (7) $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);
       (8) $20,000,000 for grants for Residential Substance Abuse 
     Treatment for State Prisoners, as authorized by part S of 
     title I of the 1968 Act;
       (9) $50,000,000 for offender re-entry programs, as 
     authorized by the Second Chance Act of 2007 (Public Law 110-
     199), of which $25,000,000 is for grants for adult and 
     juvenile offender State, tribal and local reentry 
     demonstration projects, $15,000,000 is for grants for 
     mentoring and transitional services and $5,000,000 is for 
     family-based substance abuse treatment;
       (10) $5,500,000 for the Capital Litigation Improvement 
     Grant Program, as authorized by section 426 of Public Law 
     108-405;
       (11) $10,000,000 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 the Mentally Ill 
     Offender Treatment and Crime Reduction Reauthorization and 
     Improvement Act of 2008 (Public Law 110-416);
       (12) $30,000,000 for assistance to Indian tribes, of 
     which--
       (A) $10,000,000 shall be available for grants under section 
     20109 of subtitle A of title II of the 1994 Act;
       (B) $10,000,000 shall be available for the Tribal Courts 
     Initiative;
       (C) $7,000,000 shall be available for tribal alcohol and 
     substance abuse reduction assistance grants; and
       (D) $3,000,000 shall be available for training and 
     technical assistance and civil and criminal legal assistance 
     as authorized by title I of Public Law 106-559;
       (13) $228,000,000 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)); and
       (14) $25,000,000 for the Border Prosecutor Initiative to 
     reimburse State, county, parish, tribal, or municipal 
     governments for costs associated with the prosecution of 
     criminal cases declined by local offices of the United States 
     Attorneys: Provided, That no less than $20,000,000 shall be 
     for prosecution efforts on the Southern border: Provided 
     further, That no less than $5,000,000 shall be for 
     prosecution efforts on the Northern border:

     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 program fund

       For necessary expenses, including salaries and related 
     expenses of the Office of Weed and Seed Strategies, 
     $20,000,000, to remain available until expended, as 
     authorized by section 103 of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968.

                       juvenile justice programs

       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), 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 Victims of Child Abuse Act of 1990 (Public Law 101-
     647); the Adam Walsh Child Protection and Safety Act of 2006 
     (Public Law 109-248); the PROTECT Our Children Act of 2008 
     (Public Law 110-401), and other juvenile justice programs, 
     $407,000,000, to remain available until expended as follows:
       (1) $75,000,000 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: Provided, That no less than $5,000,000 shall 
     be for the Safe Start Program, as authorized by the 1974 Act;
       (2) $82,000,000 for grants and projects, as authorized by 
     sections 261 and 262 of the 1974 Act: Provided, That within 
     the amounts appropriated, $82,000,000 shall be used for the 
     projects, and in the amounts, specified in the table entitled 
     ``Congressionally designated projects'' in the report of the 
     Committee on Appropriations of the Senate to accompany this 
     Act;
       (3) $100,000,000 for youth mentoring grants;
       (4) $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) $25,000,000 shall be for the Tribal Youth Program;
       (B) $10,000,000 shall be for a gang education initiative; 
     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;
       (5) $25,000,000 for programs authorized by the Victims of 
     Child Abuse Act of 1990; and
       (6) $60,000,000 for the Juvenile Accountability Block 
     Grants program as authorized by part R of title I 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 officer benefits

       For payments and expenses authorized under section 
     1001(a)(4) of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3796), such sums as are 
     necessary (including amounts for administrative costs, which 
     amounts shall be paid to the ``Salaries and Expenses'' 
     account); 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 1218 of such Act, to 
     remain available until expended.

                  Community Oriented Policing Services

       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); the NICS Improvement Amendments Act of 
     2007 (Public Law 110-180); the Adam Walsh Child Protection 
     and Safety Act of 2006 (Public Law 109-248) (the ``Adam Walsh 
     Act''); and the Justice for All Act of 2004 (Public Law 108-
     405), $658,500,000, to remain available until expended: 
     Provided, That any balances made available through prior year 
     deobligations shall only be available in accordance with 
     section 505 of this Act. Of the amount

[[Page 23509]]

     provided (which shall be by transfer, for programs 
     administered by the Office of Justice Programs)--
       (1) $30,000,000 for the matching grant program for law 
     enforcement armor vests, as authorized by section 2501 of 
     title I of the 1968 Act: Provided, That $1,500,000 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;
       (2) $39,500,000 for grants to entities described in section 
     1701 of title I 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-methamphetamine-related activities: Provided, That 
     within the amounts appropriated, $34,500,000 shall be used 
     for the projects, and in the amounts, specified in the table 
     entitled ``Congressionally designated projects'' in the 
     report of the Committee on Appropriations of the Senate to 
     accompany this Act;
       (3) $187,000,000 for a law enforcement technologies and 
     interoperable communications program, and related law 
     enforcement and public safety equipment: Provided, That 
     within the amounts appropriated, $187,000,000 shall be used 
     for the projects, and in the amounts, specified in the table 
     entitled ``Congressionally designated projects'' in the 
     report of the Committee on Appropriations of the Senate to 
     accompany this Act;
       (4) $10,000,000 for grants to assist States and tribal 
     governments as authorized by the NICS Improvements Amendments 
     Act of 2007 (Public Law 110-180);
       (5) $10,000,000 for grants to upgrade criminal records, as 
     authorized under the Crime Identification Technology Act of 
     1998 (42 U.S.C. 14601);
       (6) $166,000,000 for DNA related and forensic programs and 
     activities as follows:
       (A) $151,000,000 for a DNA analysis and capacity 
     enhancement program and for other local, State, and Federal 
     forensic activities including the purposes of section 2 of 
     the DNA Analysis Backlog Elimination Act of 2000 (the Debbie 
     Smith DNA Backlog Grant Program);
       (B) $5,000,000 for the purposes described in the Kirk 
     Bloodsworth Post-Conviction DNA Testing Program (Public Law 
     108-405, section 412);
       (C) $5,000,000 for Sexual Assault Forensic Exam Program 
     Grants as authorized by Public Law 108-405, section 304; and
       (D) $5,000,000 for DNA Training and Education for Law 
     Enforcement, Correctional Personnel, and Court Officers as 
     authorized by Public Law 108-405, section 303;
       (7) $20,000,000 for improving tribal law enforcement, 
     including equipment and training;
       (8) $15,000,000 for programs to reduce gun crime and gang 
     violence;
       (9) $10,000,000 for training and technical assistance;
       (10) $20,000,000 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 sex offender registration laws 
     described in section 1701(b) of the 1968 Act, of which:
       (A) $5,000,000 for sex offender management assistance as 
     authorized by the Adam Walsh Act and the Violent Crime 
     Control Act of 1994 (Public Law 103-322); and
       (B) $1,000,000 for the National Sex Offender Public 
     Registry;
       (11) $16,000,000 for expenses authorized by part AA of the 
     1968 Act (Secure our Schools);
       (12) $35,000,000 for Paul Coverdell Forensic Science 
     Improvement Grants under part BB of title I of the 1968 Act; 
     and
       (13) $100,000,000 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 subsections (g) and (i) 
     of such section and notwithstanding 42 U.S.C. 3796dd-3(c).

                         Salaries and Expenses

       For necessary expenses, not elsewhere specified in this 
     title, for management and administration of programs within 
     the Office on Violence Against Women, the Office of Justice 
     Programs and the Community Oriented Policing Services Office, 
     $179,000,000, of which not to exceed $15,708,000 shall be 
     available for the Office on Violence Against Women; not to 
     exceed $125,830,000 shall be available for the Office of 
     Justice Programs; not to exceed $37,462,000 shall be 
     available for the Community Oriented Policing Services 
     Office: Provided, That, notwithstanding section 109 of title 
     I of Public Law 90-351, an additional amount, not to exceed 
     $21,000,000 shall be available for authorized activities of 
     the Office of Audit, Assessment, and Management: Provided 
     further, That the total amount available for management and 
     administration of such programs shall not exceed 
     $200,000,000.

               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 $75,000 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.
       Sec. 206.  The Attorney General is authorized to extend 
     through September 30, 2011, 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 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.  The notification thresholds and procedures set 
     forth in section 505 of this Act shall apply to deviations 
     from the amounts designated for specific activities in this 
     Act and accompanying statement, and to any use of deobligated 
     balances of funds provided under this title in previous 
     years.
       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.  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 conducted in 2008: 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. 215.  In addition to any amounts that otherwise may be 
     available (or authorized to be made available) by law, with 
     respect to funds appropriated by this Act under the headings 
     ``Justice Assistance'', ``State and Local Law Enforcement 
     Assistance'', ``Weed and Seed'', ``Juvenile Justice 
     Programs'', and ``Community Oriented Policing Services''--

[[Page 23510]]

       (1) Up to 3 percent of funds made available to the Office 
     of Justice Programs for grants or reimbursement may be used 
     to provide training and technical assistance; and
       (2) Up to 1 percent of funds made available to such Office 
     for formula grants under such headings may be used for 
     research or statistical purposes by the National Institute of 
     Justice or the Bureau of Justice Statistics, pursuant to, 
     respectively, sections 201 and 202, and sections 301 and 302 
     of title I of Public Law 90-351.
       Sec. 216.  Section 5759(e) of title 5, United States Code, 
     is amended by striking subsection (e).
       Sec. 217. (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 2010 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.
       Sec. 218. (a) Subchapter IV of chapter 57 of title 5, 
     United States Code, is amended by adding at the end of the 
     following:

     ``Sec. 5761. Foreign language proficiency pay awards for the 
       Federal Bureau of Investigation

       ``The Director of the Federal Bureau of Investigation may, 
     under regulations prescribed by the Director, pay a cash 
     award of up to 10 percent of basic pay to any Bureau employee 
     who maintains proficiency in a language or languages critical 
     to the mission or who uses one or more foreign languages in 
     the performance of official duties.''.
       (b) The analysis for chapter 57 of title 5, United States 
     Code, is amended by adding at the end the following:

``5761. Foreign language proficiency pay awards for the Federal Bureau 
              of Investigation.''

       Sec. 219.  The Attorney General is authorized to waive the 
     application of 42 U.S.C. 3755(d)(2)(A) with respect to grants 
     made to units of local government pursuant to 42 U.S.C. 
     3755(d)(1), if such units of local government were eligible 
     to receive such grants under the transitional rule in 42 
     U.S.C. 3755(d)(2)(B).
       This title may be cited as the ``Department of Justice 
     Appropriations Act, 2010''.

                               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, $6,154,000.

             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, 
     $4,517,000,000, to remain available until September 30, 2011.

                              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, 
     $507,000,000, to remain available until September 30, 2011.

                              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, 
     $3,940,400,000, to remain available until September 30, 2011.

                            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, $6,161,600,000, to 
     remain available until September 30, 2011.

                               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, $140,100,000, to remain available 
     until September 30, 2011.

                          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, $3,383,500,000, to remain available until September 
     30, 2011: Provided, That within the amounts appropriated 
     $47,000,000 shall be used for the projects, and in the 
     amounts, specified in the table entitled ``Congressionally 
     designated projects'' in the report of the Committee on 
     Appropriations of the Senate to accompany this Act.

                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the Inspector General Act of 1978, 
     $36,400,000, to remain available until September 30, 2011.

                       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 environmental compliance and restoration activities as 
     authorized by law, such amount available for such activity 
     shall remain available until expended.
       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, 2014.
       Funds for announced prizes otherwise authorized shall 
     remain available, without fiscal year limitation, until the 
     prize is claimed or the offer is withdrawn.

[[Page 23511]]

       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, 
     2010.
       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.
       Funding designations and minimum funding requirements 
     contained in any other Act shall not be applicable to funds 
     appropriated by this title for the National Aeronautics and 
     Space Administration.

                      National Science Foundation

                    research and related activities

                     (including transfer of funds)

       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; $5,618,000,000, to remain available until 
     September 30, 2011, of which not to exceed $570,000,000 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 2010 budget request for icebreaking services, 
     $54,000,000 shall be transferred to the U.S. Coast Guard 
     ``Operating Expenses'': 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: Provided further, That not less than 
     $147,800,000 shall be available for activities authorized by 
     section 7002(c)(2)(A)(iv) of Public Law 110-69.

          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, $122,290,000, 
     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, $857,760,000, 
     to remain available until September 30, 2011: Provided, That 
     not less than $55,000,000 shall be available until expended 
     for activities authorized by section 7030 of Public Law 110-
     69.

                 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; $300,370,000: Provided, 
     That contracts may be entered into under this heading in 
     fiscal year 2010 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.), $4,340,000: 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, $14,000,000.
       This title may be cited as the ``Science Appropriations 
     Act, 2010''.

                                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, $9,400,000: 
     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, the Civil Rights Act of 1991, the Genetic 
     Information Non-Discrimination Act (GINA) of 2008 (Public Law 
     110-23); the ADA Amendments Act of 2008 (Public Law 110-325), 
     and the Lilly Ledbetter Fair Pay Act of 2009 (Public Law 111-
     2), 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 $30,000,000 for payments to State and local 
     enforcement agencies for authorized services to the 
     Commission, $367,303,000: 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, 
     $82,700,000, 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, 
     $400,000,000, of which $374,600,000 is for basic field 
     programs and required independent audits; $4,000,000 is for 
     the Office of Inspector General, of which such amounts as may 
     be necessary may be used to conduct additional audits of 
     recipients; $17,000,000 is for management and grants 
     oversight; $3,400,000 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 2009 and 2010, 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, $3,250,000.

            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, $48,326,000, 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 to 
     maintain strong U.S. remedies laws, correct the problem of 
     overreaching by World Trade Organization Panels and Appellate 
     Body, and prevent the creation of obligation never negotiated 
     or expressly agreed to by the United States.

[[Page 23512]]



                        State Justice Institute

                         salaries and expenses

       For necessary expenses of the State Justice Institute, as 
     authorized by the State Justice Institute Authorization Act 
     of 1984 (42 U.S.C. 10701 et. seq.) $5,000,000, of which 
     $500,000 shall remain available until September 30, 2011: 
     Provided, That not to exceed $3,000 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 
     the reprogramming of funds that:
       (1) creates or initiates a new program, project or 
     activity;
       (2) eliminates a program, project or activity, unless the 
     House and Senate Committees on Appropriations are notified 15 
     days in advance of such reprogramming of funds;
       (3) increases funds or personnel by any means for any 
     project or activity for which funds have been denied or 
     restricted by this Act, unless the House and Senate 
     Committees on Appropriations are notified 15 days in advance 
     of such reprogramming of funds;
       (4) relocates an office or employees, unless the House and 
     Senate Committees on Appropriations are notified 15 days in 
     advance of such reprogramming of funds;
       (5) reorganizes or renames offices, programs or activities, 
     unless the House and Senate Committees on Appropriations are 
     notified 15 days in advance of such reprogramming of funds;
       (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;
       (7) proposes to use funds directed for a specific activity 
     by either the House or Senate Committee on Appropriations for 
     a different purpose, unless the House and Senate Committees 
     on Appropriations are notified 15 days in advance of such 
     reprogramming of funds;
       (8) augments funds for existing programs, projects or 
     activities in excess of $500,000 or 10 percent, whichever is 
     less, or reduces by 10 percent funding for any program, 
     project or activity, or numbers of personnel by 10 percent as 
     approved by Congress, unless the House and Senate Committees 
     on Appropriations are notified 15 days in advance of such 
     reprogramming of funds; or
       (9) results from any general savings, including savings 
     from a reduction in personnel, which would result in a change 
     in existing programs, projects or activities as approved by 
     Congress, 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 2010, 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 the 
     reprogramming of funds after August 1, except in 
     extraordinary circumstances, and only after the House and 
     Senate Committees on Appropriations are notified 30 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.  None of the funds made available in this Act may 
     be used to pay the salaries and expenses of personnel of the 
     Department of Justice to obligate more than $705,000,000 
     during fiscal year 2010 from the fund established by section 
     1402 of chapter XIV of title II of Public Law 98-473 (42 
     U.S.C. 10601): Provided, That hereafter the availability of 
     funds under section 1402(d)(3) to improve services shall be 
     understood to mean availability for pay or salary, including 
     benefits for the same.
       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.

[[Page 23513]]

       (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.  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 2010 until the enactment of the 
     Intelligence Authorization Act for fiscal year 2010.
       Sec. 526.  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. 527.  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 three 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. 528.  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. 529.  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. 530.  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. 531. (a) Of the unobligated balances available to the 
     Department of Justice from prior appropriations, the 
     following funds are hereby rescinded, not later than 
     September 30,

[[Page 23514]]

     2010, from the following accounts in the specified amounts:
       (1) ``Legal Activities, Assets Forfeiture Fund'', 
     $379,000,000, of which $136,000,000 shall be permanently 
     rescinded and returned to the general fund;
       (2) ``Office of Justice Programs'', $42,000,000; and
       (3) ``Community Oriented Policing Services'', $40,000,000.
       (b) The Department of Justice shall, within 30 days of 
     enactment of this Act, submit to the Committee on 
     Appropriations of the House of Representatives and the Senate 
     a report specifying the amount of each rescission made 
     pursuant to this section.
       (c) The recissions contained in this section shall not 
     apply to funds provided in this Act.
       Sec. 532.  Section 504(a) of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 1996 (as contained in Public Law 104-134) 
     is amended:
       (1) in subsection (a), in the matter preceding paragraph 
     (1), by inserting after ``)'' the following: ``that uses 
     Federal funds (or funds from any source with regard to 
     paragraphs (14) and (15)) in a manner'';
       (2) by striking subsection (d); and
       (3) by redesignating subsections (e) and (f) as subsections 
     (d) and (e), respectively.
       This Act may be cited as the ``Commerce, Justice, Science, 
     and Related Agencies Appropriations Act, 2010''.

  Mr. SHELBY. Mr. President, I am pleased to present, with Chairwoman 
Mikulski, the Commerce, Justice, Science, and Related Agencies 
Appropriation bill for fiscal year 2010.
  First, I thank Senator Mikulski and her staff for their continued 
friendship and the hard work they have put into this bill.
  This is truly the most diverse appropriations bill we have, literally 
affecting all the expanses of our planet and into the outer recesses of 
the universe.
  It covers State and local law enforcement and counterterrorism 
efforts, oceanic and weather research, trade, standards research, and 
it keeps our Nation competitive through investment in science and space 
exploration.
  This bill funds the Department of Justice and Commerce, as well as 
the National Aeronautics and Space Administration or NASA, the National 
Science Foundation or NSF; and a number of independent agencies, 
including the U.S. Trade Representative, the Legal Services 
Corporation, and International Trade Commission, to name a few.
  Nothing is more important than the safety of the American people. The 
committee's recommendation this evening for the Department of Justice 
is $27.4 billion, which is $311 million over the request.
  Senator Mikulski and I have worked to ensure that Federal, State, and 
local law enforcement agencies receive the funding needed to protect 
our citizens and our communities.
  The Department of Commerce is funded in this bill at $14 billion, 
$254 million over the requested level. This department contains some of 
our Nation's most important business development, economic, science and 
research agencies, including the Economic Development Administration, 
which we know as the EDA, the National Institutes of Science and 
Technology or NIST, and the National Oceanic and Atmospheric 
Administration, which we call NOAA.
  Senator Mikulski and I have attempted to expand the foundation for 
our Nation's economic future, as well as providing researchers with the 
tools to assess our weather, oceans, and environment.
  Of the amount provided to the Department of Commerce in the bill 
before us, $7.3 billion is for the 2010 census and $4.8 billion for 
NOAA, an increase of $299 million over the request. These additional 
funds are directed toward research, observation, education, and 
conservation programs.
  For NASA, this bill provides $18.7 billion to move forward with the 
Agency's current exploration vision, while fully funding the ongoing 
activities of the space shuttle and the International Space Station.
  We are at a challenging point in time for the funding of NASA, 
particularly human spaceflight. As you well know, Mr. President, the 
space shuttle is successfully finishing the required deliveries to the 
space station in its few remaining flights. The International Space 
Station has a permanent crew of six, which will allow our astronauts to 
conduct science instead of just station upkeep.
  We are also on the verge of having a test flight of the rockets being 
developed by NASA to once again take humans beyond low Earth orbit. As 
NASA moves toward retiring the shuttle and leaving the Nation without 
our own human launch vehicle, I believe we must continue to develop our 
own capabilities, not only for missions to the space station but for 
future expeditions as well.
  While I commend the Augustine Commission for their hard work, I find 
many of the aspects proposed in their summary report to be 
unsatisfactory and perhaps disappointing.
  I am baffled by NASA's path forward on the Constellation Program. 
This program is built on a foundation of proven technologies using 
existing capabilities and infrastructure. The Ares I team will soon 
launch the first test flight, and the groundwork for the Ares V heavy 
lift vehicle is well underway. And yet, instead of simply providing 
Constellation with funds to move forward, it is delaying the current 
mission while seeking to have a do-over on plans that have been 
authorized by both a Republican and Democratic Congress.
  NASA and this administration should never forget that the support of 
Congress will still be necessary to authorize and provide funds as we 
move forward.
  Given the challenges and high cost of access to space, I agree that 
it is beneficial for NASA to look at all viable options that could be 
provided by U.S. industries to support operations on the International 
Space Station and future exploration. However, we must do so, I 
believe, in a realistic way. NASA must support the program that has the 
greatest likelihood of success.
  The benefits that our society has gained from the human spaceflight 
program are immeasurable. Almost every facet of our lives that we know 
today has been touched by discoveries with human spaceflight.
  Beyond the direct tangible benefits, there is also the intangible 
benefit that comes with knowing that America is leading the world in 
discovering and exploring new frontiers.
  I will not support any future NASA budget request that does not have 
a robust human exploration program. It must be a program that inspires, 
yet is also a program grounded in what is possible and not wishful 
thinking.
  If we no longer prioritize space exploration, we can be certain that 
others on this planet will. A number of the findings by the Augustine 
Commission would guarantee that other nations, such as Russia, China, 
and India, will be waving to us as they fly by the space station on 
their way to the Moon and other planets if we are not careful. We 
cannot cede our leadership in space, and we must have a viable human 
space exploration program.
  As we are losing global market shares in most industries, we are 
still the world leader in human spaceflight. I will not support a NASA 
that squanders that lead, and I hope the Senate will not. Simply put, 
if that were to happen, I would not support a visionless NASA, and I do 
not believe the Congress would.
  In conclusion, I thank again Senator Mikulski, the chairwoman of this 
committee, for her leadership on this bill. We have worked together on 
many issues throughout our years, both serving together in the House 
and the Senate, and this bill reflects our strong relationship. I ask 
my colleagues--as she will--to support this bill and to urge its swift 
passage this week.
  Mr. CONRAD. Mr. President, I rise to offer for the record, the Budget 
Committee's official scoring of H.R. 2847, the Departments of Commerce 
and Justice, and Science, and Related Agencies Appropriations Act for 
fiscal year 2010.
  The bill, as reported with an amendment by the Senate Committee on 
Appropriations, provides $64.9 billion in discretionary budget 
authority for fiscal year 2010, which will result in new outlays of 
$44.2 billion. When outlays from prior-year budget authority are taken 
into account, nonemergency discretionary outlays for the bill will 
total $71.2 billion.
  The bill includes $126 million in budget authority designated as 
being for

[[Page 23515]]

overseas deployments and other activities for national security 
programs at the Department of Justice. Pursuant to section 401(c)(4) of 
S. Con. Res. 13, the 2010 budget resolution, an adjustment to the 2010 
discretionary spending limits and the Appropriations Committee's 302(a) 
allocation has been made for this amount in budget authority and for 
the outlays flowing therefrom.
  The Senate-reported bill matches its Section 302(b) allocation for 
budget authority and for outlays.
  The bill is not subject to any budget points of order.
  I ask unanimous consent that the table displaying the Budget 
Committee scoring of the bill be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

H.R. 2847, DEPARTMENTS OF COMMERCE AND JUSTICE, AND SCIENCE, AND RELATED
                    AGENCIES APPROPRIATIONS ACT, 2010
  [Spending comparisons--Senate-reported bill (in millions of dollars)]
------------------------------------------------------------------------
                                                     General
                                          Defense    purpose     Total
------------------------------------------------------------------------
Senate-Reported Bill:
    Budget Authority...................      4,589     60,337     64,926
    Outlays............................      4,690     66,515     71,205
Senate 302(b) Allocation:
    Budget Authority...................  .........  .........     64,926
    Outlays............................  .........  .........     71,205
House-Passed Bill:
    Budget Authority...................      4,603     59,810     64,413
    Outlays............................      4,701     65,960     70,661
President's Request:
    Budget Authority...................      4,608     60,004     64,612
    Outlays............................      4,705     66,477     71,182
 
                    SENATE-REPORTED BILL COMPARED TO:
 
Senate 302(b) allocation:
    Budget Authority...................          0          0          0
    Outlays............................          0          0          0
House-Passed Bill:
    Budget Authority...................        -14        527        513
    Outlays............................        -11        555        544
President's Request:
    Budget Authority...................        -19        333        314
    Outlays............................        -15         38        23
------------------------------------------------------------------------
Note: Table does not include 2010 outlays stemming from emergency budget
  authority provided in the 2009 Supplemental Appropriations Act (P.L.
  111-32).
The Senate bill includes $126 M in budget authority designated as being
  for overseas deployments and other activities at the Department of
  Justice.

  

                          ____________________