[House Report 110-919]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-919
_______________________________________________________________________

                                     



                      COMMERCE, JUSTICE, SCIENCE,
                          AND RELATED AGENCIES
                       APPROPRIATIONS BILL, 2009

                               ----------                              

                              R E P O R T

                                 of the

                      COMMITTEE ON APPROPRIATIONS


                        [to accompany h.r. 7322]





 December 10, 2008.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

 COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS BILL, 
                                  2009


110th Congress 
 2nd Session            HOUSE OF REPRESENTATIVES                 Report
                                                                110-919
_______________________________________________________________________

                                     


                      COMMERCE, JUSTICE, SCIENCE,

                          AND RELATED AGENCIES

                       APPROPRIATIONS BILL, 2009

                               __________

                              R E P O R T

                                 of the

                      COMMITTEE ON APPROPRIATIONS

                        [to accompany h.r. 7322]




 December 10, 2008.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed
110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-919

======================================================================



 
 COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS BILL, 
                                  2009

                                _______
                                

 December 10, 2008.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

   Mr. Mollohan, from the Committee on Appropriations, submitted the 
                               following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 7322]

    The Committee on Appropriations submits the following 
report in explanation of the accompanying bill making 
appropriations for Commerce, Justice, Science, and related 
agencies for the fiscal year ending September 30, 2009, and for 
other purposes.

                        INDEX TO BILL AND REPORT

                                                            Page Number

                                                            Bill Report
Title I--Department of Commerce............................     2
                                                                      7
Title II--Department of Justice............................    22
                                                                     38
Title III--Science.........................................    63
                                                                    113
        Office of Science and Technology Policy............    63
                                                                    113
        National Aeronautics and Space Administration......    63
                                                                    114
        National Science Foundation........................    72
                                                                    135
Title IV--Related Agencies.................................    75
                                                                    142
        Commission on Civil Rights.........................    75
                                                                    142
        Equal Employment Opportunity Commission............    76
                                                                    142
        International Trade Commission.....................    77
                                                                    144
        Legal Services Corporation.........................    77
                                                                    144
        Marine Mammal Commission...........................    78
                                                                    145
        National Veterans Business Development Corporation.    78
                                                                    146
        Office of the United States Trade Representative...    79
                                                                    147
        State Justice Institute............................    79
                                                                    148
Title V--General Provisions................................    80
                                                                    148

                              Bill Totals

    The President's fiscal year 2009 budget request for 
activities funded in the Commerce, Justice, Science and Related 
Agencies Appropriations Act totals $53,904,584,000 in new 
obligation authority, of which $220,300,000 is for mandatory 
programs. The amounts recommended by the Committee in the 
accompanying bill total 
$57,079,209,000, $3,174,625,000 above the budget request and 
$5,047,909,000 above the sums available to the departments and 
agencies funded in this bill for fiscal year 2008, excluding 
emergency supplemental appropriations.

                    Committee Budget Review Process

    During its review of the fiscal year 2009 budget request 
and execution of appropriations for fiscal year 2008, the 
Subcommittee on Commerce, Justice, Science and Related Agencies 
held a total of 20 budget hearings and two formal subcommittee 
briefings during the period of February through April 2008. The 
Committee received testimony from Members of Congress and some 
30 outside witnesses. In addition, officials from the 
Administration representing the departments and agencies funded 
in this bill testified before the subcommittee on the budget 
request. The Committee's hearing record consists of 8 volumes 
and totals nearly 8,000 pages.
    As part of the Committee's overview and analysis of the 
annual budget request from the Administration, the Committee 
submits a number of requests for additional information and 
written questions to be answered by the departments and 
agencies in support of the underlying budget request. These 
materials are important for the Committee in making its 
judgments. This year, the Committee is particularly 
disappointed that the Department of Justice, unlike any other 
department or agency funded in this bill, was unable to 
complete these important materials in a timely manner.
    In developing its recommendations, the Committee has drawn 
upon work and analysis of the Government Accountability Office, 
the Congressional Research Service, offices of Inspectors 
General, the Committee's own surveys and investigations staff 
and the National Academies. The Committee appreciates the 
assistance and contributions of the men and women of these 
organizations.

                      Major Themes and Initiatives

    Law enforcement.--In total, the bill provides in excess of 
$18,267,921,000 for law enforcement activities, an increase of 
$2,149,890,000 over the budget request. Investments recommended 
by the Committee provide for:
           $68,400,000 for enhanced methamphetamine 
        enforcement;
           $112,500,000 for Department of Justice-wide 
        enhancements and new staffing for Adam Walsh and other 
        child exploitation enforcement activities;
           support of state and local law enforcement 
        grants, which the Administration proposed to gut in 
        fiscal year 2009, and for which the Committee has 
        provided nearly $3,130,000,000;
           $185,000,000, an increase of $63,349,000 
        above the request, to begin to deploy law enforcement 
        interoperability radio communications systems, 
        identified by the 9/11 Commission as a critical 
        shortfall in the aftermath of the 9/11 tragedy;
           Department of Justice-wide border 
        enforcement activities, including additional detention 
        beds, United States attorneys and staff for the 
        Marshals and the Bureau of Alcohol, Tobacco, Firearms 
        and Explosives; and
           full funding of the Federal Bureau of 
        Investigation, at roughly $7,108,091,000.
    Science and technology.--The Committee recommendation 
includes $26,069,000,000 to support investments in science and 
technology, an increase of nearly $1,700,000,000 over last 
year, and an increase of over $500,000,000 over the budget 
request. Investments in science and technology, engineering and 
mathematics (STEM) education and workforce development is 
critical. The 2005 National Academies' report, Rising Above the 
Gathering Storm, voiced concerns that the United States may be 
unable to compete economically with other nations in the future 
due to insufficient investments in science and technology 
research, and in STEM education and workforce development. In 
response, the Committee bill provides:
           nearly $6,900,000,000 for the National 
        Science Foundation, an increase of 13 percent over the 
        fiscal year 2008 enacted level, which returns NSF to a 
        doubling path. Within this level, over $840,000,000 is 
        recommended for education programs of the National 
        Science Foundation, such as Noyce Scholarships and the 
        math and science partnership program;
           nearly $17,800,000,000 for the National 
        Aeronautics and Space Administration (NASA), an 
        increase of nearly $460,000,000 over the fiscal year 
        2008 enacted level. Investments in NASA contribute to 
        economic vitality, science and technology, national 
        security and an improved quality of life. Within the 
        funds recommended for NASA, $515,000,000 is provided 
        for critical investments in aeronautics research and 
        development to maintain the U.S. leadership in 
        aeronautics, to plan for and implement the Next 
        Generation Air Transportation System and to invest in 
        ``green'' aircraft technologies. Further, over 
        $180,000,000 is recommended for education programs, an 
        increase of nearly $66,000,000 over the request;
           almost $4,300,000,000 for activities of the 
        National Oceanic and Atmospheric Administration, an 
        increase of over $356,000,000 over the fiscal year 2008 
        enacted level and over $148,000,000 over the budget 
        request. Within the funds recommended for NOAA, over 
        $376,000,000 is provided for climate change research, 
        analysis, enhanced modeling capabilities, increased 
        data access and archiving, and the restoration of 
        critical satellite climate sensors. Full funding is 
        also provided for acquisition, construction and 
        operations of the GOES-R, NPOESS and NPP satellites. In 
        addition to fully funding the request for NOAA's more 
        traditional mission areas, funding is provided above 
        the request and in areas of critical need such as 
        protected species research and management, habitat 
        conservation and restoration, and ocean resources 
        conservation and assessment; and
           nearly $817,000,000 for the National 
        Institute on Standards and Technology, including 
        $122,000,000 for the Manufacturing Extension 
        Partnerships program and $65,200,000 for the Technology 
        Innovation Program, which leverage private funds to 
        invest in research and development and improve 
        manufacturing productivity and job creation--both of 
        which the Administration proposed to eliminate.
    Global climate change and sustainability.--The Committee 
has provided nearly $1,900,000,000 in resources to address the 
reality of global warming climate change and its effect on the 
Earth's environments, almost $200,000,000 over the fiscal year 
2008 enacted level. Specifically, the bill provides:
           over $1,300,000,000 in climate change 
        programs at NASA, including over $150,000,000 to 
        accelerate Earth science missions and to develop and 
        demonstrate space-based climate measurements, 
        identified by the National Academy of Sciences and the 
        science community;
           over $376,000,000 for the National Oceanic 
        and Atmospheric Administration, of which $74,000,000 is 
        to restore critical climate sensors to weather 
        satellites and nearly $71,000,000 is to enhance climate 
        change analysis capability;
           over $230,000,000 for climate change 
        programs at the National Science Foundation;
           nearly $25,000,000 for educational programs 
        directed at climate change as recommended by the 
        National Academy of Sciences;
           nearly $15,000,000 for ``green'' building 
        initiatives within the Economic Development 
        Administration;
           $7,500,000 for climate change standards 
        development by the National Institute for Standards and 
        Technology; and
           additional resources above the request to 
        enhance the protection of endangered species, increase 
        habitat conservation, and monitor mammal adaptation to 
        climate change.

                Committee Recommendation by Major Agency

    Department of Commerce.--In title I of this bill, the 
Committee recommends a total of $8,706,889,000, an increase of 
$490,371,000 over the budget request and $1,850,355,000 over 
the fiscal year 2008 enacted level. Highlights of the 
Committee's recommendation include:
           $250,000,000 for the Economic Development 
        Assistance Programs, an increase of $150,000,000 over 
        the request;
           $2,604,622,000 for the Bureau of the Census, 
        an increase of $1,374,378,000 above fiscal year 2008 
        for the 2010 Decennial Census, which does not include 
        the June 9 budget amendment requesting an additional 
        $540,380,000;
           $816,860,000 for the National Institute of 
        Standards and Technology, which includes $187,200,000 
        for the Manufacturing Extension Partnerships and the 
        Technology Innovation Program, both proposed for 
        elimination by the Administration. In addition, the 
        bill includes $500,660,000 for scientific and technical 
        research, which is $60,143,000 over fiscal year 2008; 
        and
           $4,252,640,000 for the National Oceanic and 
        Atmospheric Administration, which is $356,156,000 above 
        fiscal year 2008 and $148,727,000 over the request.
    Department of Justice.--In title II of this bill, the 
Committee recommends a total of $25,438,765,000 an increase of 
$2,349,890,000 over the budget request and $1,846,849,000 over 
the fiscal year 2008 enacted level. Highlights of the 
Committee's recommendation include:
           $7,108,091,000 for the Federal Bureau of 
        Investigation, of which $3,754,985,000 is for 
        counterterrorism and other national security 
        activities;
           $3,129,100,000 for state and local 
        assistance programs, including the Office on Violence 
        Against Women, Office of Justice Programs and Community 
        Oriented Policing Services;
           $1,939,084,000 for the Drug Enforcement 
        Administration, including $30,600,000 for 
        methamphetamine enforcement programs that have been 
        curtailed by the Administration; and
           $5,733,889,000 for the Federal Prison 
        System, an increase of $200,000,000 over the request, 
        to address overburdened conditions in our federal 
        prisons.
    Science.--In title III of this bill, the Committee 
recommends a total of $24,628,370,000, an increase of 
$154,767,000 over the budget request and $1,248,786,000 over 
the fiscal year 2008 enacted level. Highlights of the 
Committee's recommendation include:
           $6,854,100,000 for the National Science 
        Foundation (NSF), an increase of almost $789,100,000 
        over the fiscal year 2008 enacted level, returning NSF 
        to a doubling path;
           $17,768,967,000 for the National Aeronautics 
        and Space Administration, an increase of almost 
        $460,000,000 over the fiscal year 2008 enacted level 
        and over $154,000,000 more than the budget request; and
           $5,303,000 for the Office of Science and 
        Technology Policy of the Executive Office of the 
        President.
    Related agencies.--In title IV of this bill, the Committee 
recommends a total of over $883,000,000, an increase of almost 
$100,000,000 over the budget request and almost $75,000,000 
over the fiscal year 2008 enacted level. Highlights of the 
Committee's recommendation include:
           $390,000,000 for the Legal Services 
        Corporation, an increase of $79,000,000 over the budget 
        request and almost $40,000,000 over the fiscal year 
        2008 enacted level;
           $350,425,000 for the Equal Employment 
        Opportunity Commission, $21,125,000 over the fiscal 
        year 2008 enacted level and $8,500,000 over the budget 
        request; and
           funding for the National Veterans Business 
        Development Corporation and State Justice Institute 
        though the Administration had proposed to eliminate 
        funding for these agencies in fiscal year 2009.

                     Congressionally-Directed Items

    Congress has made significant reforms in the way it reviews 
funding for the Federal government; reforms which the Committee 
takes very seriously as it executes its constitutional 
authority. Earmarking or directed spending of Federal dollars 
does not begin with Congress. It begins with the Executive 
branch. The Administration goes through a process that is the 
functional equivalent of earmarking. For example, the 
Administration requests funding for specific projects, such as 
the following projects:




National Oceanic and Atmospheric Administration:
    Pacific Regional Center, Honolulu, HI.............       $60,250,000
    Southwest Fisheries Science Center, La Jolla, CA..        15,000,000
    Satellite operations facility, Fairbanks, AK......        11,700,000
National Institute of Standards and Technology:
    Building 1 extension, Boulder, CO.................        43,538,000
    JILA expansion, Boulder, CO.......................        13,000,000
Federal Bureau of Investigation:
    FBI Academy.......................................         9,800,000
National Aeronautics and Space Administration:
    Collaborative support facility, Ames Research             29,000,000
     Center...........................................


    When the Committee reviews the budget request, it goes 
through a process of rigorous review and may alter or modify 
this list to reflect additional priorities.
    The Executive branch also engages in another practice which 
steers or directs money to specific entities through a process 
of contracting out various activities and services. In many 
important work locations, the number of people working for 
contractors exceeds the number of Federal employees in the same 
building or location. Many of these, in fact, are non-
competitive or sole-sourced. When added together, the Executive 
branch steers or directs far greater spending to specific 
projects or corporations than is directed or earmarked by 
Congress. Moreover, the practice of non-competitive contracts 
has exploded in the past five years.

               Reprogramming and Spending Plan Procedures

    The reprogramming process is based on comity between the 
Congress and the Executive branch. This process is intended to 
provide departments and agencies sufficient flexibility to meet 
changing circumstances and emergent requirements not known at 
the time of Congressional review of the budget, while 
preserving Congressional priorities and intent. In the absence 
of comity and respect for the prerogatives of Congress, the 
Committee may choose to restrict further or eliminate 
reprogramming authority. Under such circumstances, programs, 
projects and activities become more strictly defined and the 
executive branch loses its ability to propose changes in the 
use of appropriated funds.
    The Committee is concerned that, in some instances, the 
departments or agencies funded within this appropriations Act 
may not be adhering fully to the Committee's reprogramming 
policies and procedures. The Committee expects that each 
department and agency funded in this Act shall follow the 
directions set forth in this Act and the accompanying report, 
and shall not reallocate resources or reorganize activities 
except as provided herein. Reprogramming procedures shall apply 
to funds provided in this Act, unobligated balances from 
previous appropriations Acts that are available for obligation 
or expenditure in fiscal year 2009, and non-appropriated 
resources such as fee collections that are used to meet program 
requirements in fiscal year 2009. In reiterating the 
Committee's reprogramming procedures here, which are codified 
as section 505 of this Act, the Committee expects that the 
Appropriations Subcommittee on the Departments of Commerce, 
Justice, Science and Related Agencies of the House and Senate 
will be notified by letter a minimum of 15 days prior to--
          (1) reprogramming of funds, whether permanent or 
        temporary, in excess of $500,000 or 10 percent, 
        whichever is less, between programs or activities. This 
        provision is also applicable in cases where several 
        activities are involved with each receiving less than 
        $500,000. In addition, the Committee is to be notified 
        of reprogramming actions which are less than these 
        amounts if such actions would have the effect of 
        committing the agency to significant funding 
        requirements in future years;
          (2) increasing funds or personnel by any means for 
        any project or activity for which funds have been 
        denied or restricted;
          (3) relocating offices or employees;
          (4) reorganizing offices, programs, or activities;
          (5) contracting out or privatizing any functions or 
        activities presently performed by Federal employees; or
          (6) proposing to use funds directed for a specific 
        activity by either the House or the Senate for a 
        different purpose.
    Furthermore, the reprogramming authorities do not allow the 
obligation of funds to create or initiate any new program, 
project or activity.
    Any reprogramming request shall include any out-year 
budgetary impacts and a separate accounting of program or 
mission impacts on estimated carryover funds. No changes shall 
be made to any program, project or activity, except as provided 
by the Committee, if it is to be construed to be a change in 
policy. Any program, project or activity cited in the reports 
of the House or Senate accompanying this Act or the conference 
agreement shall be construed as the position of the Committee 
and shall not be subject to reductions or reprogramming without 
prior approval of the Committtee. The Committee further expects 
any department or agency funded in this Act which plans a 
reduction-in-force to notify by letter the Appropriations 
Committees of the House and Senate 30 days in advance of the 
date of any such planned personnel action.
    The Committee notes that when a department or agency 
submits a reprogramming or transfer request to the 
Appropriations Committees of the House and Senate and does not 
receive identical responses from the House and Senate, it shall 
be the responsibility of the department or agency seeking the 
reprogramming to reconcile the differences between the two 
bodies before proceeding. If reconciliation is not possible, 
the items in disagreement in the reprogramming or transfer 
request shall be considered unapproved.
    Lastly, the Committee directs the Departments of Commerce 
and Justice, the National Aeronautics and Space Administration 
and the National Science Foundation to submit spending plans, 
signed by the respective department or agency head, for the 
Committee's review within 120 days of enactment of this Act.

                           TITLE I--COMMERCE


                   International Trade Administration


                     OPERATIONS AND ADMINISTRATION




Fiscal Year 2008 enacted\1\...........................      $413,172,000
Fiscal Year 2009 request\2\...........................       429,870,000
Recommended in the bill\2\............................       434,870,000
Bill compared with:
    Fiscal Year 2008 enacted..........................       +21,698,000
    Fiscal Year 2009 request..........................       +5,000,000

\1\Includes $8,000,000 in offsetting fee collections.
\2\Includes $9,439,000 in offsetting fee collections.

    The mission of the International Trade Administration is to 
create economic opportunity for U.S. workers and firms by 
promoting international trade, opening foreign markets, 
ensuring compliance with trade laws and agreements, and 
supporting U.S. commercial interests at home and abroad.
    The Committee recommendation includes $434,870,000 in total 
resources for the programs of the International Trade 
Administration (ITA) for fiscal year 2009, which is $21,698,000 
above the current year level and $5,000,000 above the request. 
The Committee directs the additional funding be used to keep 
the Trade Compliance Office in Korea open, and to mitigate the 
unsubstantiated savings for efficiencies in Manufacturing and 
Services and the U.S. and Foreign Commercial Service that are 
assumed in the request. Not less than the following amounts are 
to be available for the following activities:




Import administration.................................       $66,357,000
Market access and compliance (MAC)....................        42,332,000
Manufacturing and services............................        48,592,000
Executive direction...................................        25,411,000
U.S. & Foreign Commercial Service.....................       237,739,000


    The Committee continues to direct ITA to submit to the 
Committee, not later than 60 days after the enactment of this 
Act, a spending plan for all ITA units that incorporates any 
carryover balances from prior fiscal years. Further, beginning 
with the second quarter, the Committee expects this plan to be 
updated to reflect the obligation of funds on a quarterly 
basis.
    The Committee understands the difficulties of attempting to 
balance both the positive and negative effects of a free trade 
agenda. The Committee is determined to ensure that the United 
States Government upholds its responsibility to enforce trade 
laws, particularly with China. If trading partners do not abide 
by the rules that are set in the global trading system, United 
States firms are unable to compete on a level playing field. 
The United States Government has an obligation to ensure that 
U.S. companies are not forced to compete with foreign companies 
that are engaged in unfair trading practices.
    Import Administration.--The Committee recommendation 
includes not less than $66,357,000 for the Import 
Administration (IA). This program investigates antidumping and 
countervailing duty cases to ensure compliance with applicable 
U.S. statutes and administers certain other statutory programs 
relating to imports and foreign trade zones. The Committee 
urges the ITA to implement proactive trade enforcement 
activities, including textile safeguard actions with respect to 
China's World Trade Organization Accession Agreement, bilateral 
quotas on non-WTO members, and textile provisions of the United 
States preferential programs and agreements.
    Office of China Compliance.--The Committee continues 
language designating $5,900,000 for this Office within the 
total appropriation for IA. The Committee is concerned that the 
Office is under-staffed and undergoing a reorganization that 
may potentially damage its long-term effectiveness. The 
Committee directs IA to fully staff anti-dumping efforts.
    This Office was created to specialize in anti-dumping (AD) 
cases involving China, with special attention on small- and 
medium-sized domestic businesses. The Committee understands 
that only fifteen percent of the analysts in this Office have 
Chinese language skills. The Committee reiterates its direction 
that the Office should consist of experienced investigators, 
accountants, trade analysts, and technical experts to 
investigate aggressively AD cases. The Committee expects to be 
notified of any impediments to hiring or retaining this 
expertise.
    China Countervailing Duty (CVD) Group Initiative.--The 
Committee provides $4,200,000 for this new initiative within 
the total for IA, the same amount as in the request. These 
funds will allow IA to meet the expected workload associated 
with the application of countervailing duty law to non-market 
economies.
    Import Monitoring.--The Committee expects ITA to undertake 
apparel import monitoring, including socks, focusing on prices 
of imports from China and Vietnam and whether their industries 
are illegally pricing products and dumping in the U.S. market.
    Market Access and Compliance (MAC).--The Committee 
recommendation includes $42,332,000 for this purpose. The 
Committee continues to support the efforts of the ITA to 
enforce trade agreements aggressively. MAC develops strategies 
to overcome market access obstacles faced by U.S. businesses by 
monitoring foreign country compliance with multilateral and 
bilateral trade-related agreements and identifying compliance 
and other market access obstacles.
    Manufacturing and Services.--This program focuses on both 
the domestic and international aspects of U.S. industrial 
competitiveness by working with U.S. industries to evaluate the 
needs of the U.S. manufacturing and service sectors; conducting 
economic and regulatory analysis to strengthen U.S. industry; 
obtaining input and advice from U.S. industries for trade 
policy setting; and participating, as appropriate, with ITA 
trade policy and negotiation advancement initiatives. For 
fiscal year 2009, the Committee recommendation provides 
$48,592,000.
    Executive Direction and Administration.--The Committee 
recommendation includes $25,411,000 for the administrative and 
policy functions of ITA. These programs provide policy 
leadership, information technology support and administration 
services for all of ITA. Executive Direction includes the 
Office of the Under Secretary for International Trade and 
subordinate offices covering Legislative and Intergovernmental 
Affairs, Public Affairs, and the Office of the Chief 
Information Officer.
    Trade promotion and the U.S. & Foreign Commercial 
Service.--The Commercial Service conducts trade promotion 
programs intended to broaden and deepen the base of U.S. 
exports, particularly of small and medium-sized firms; provides 
American companies with reliable advice on the range of public 
and private assistance available and knowledgeable support for 
all other Federal trade promotion services; offers export 
assistance through information, referral and follow-up services 
through its integrated global field network; ensures adequate 
support for compliance and leads interagency advocacy efforts 
for major overseas projects, including early involvement in 
project development and assistance to resolve post-export 
transaction problems. For fiscal year 2009, the Committee 
recommendation provides $237,739,000.
    Travel expenditures.--The Committee directs the Department 
to increase the number of investigative teams traveling to 
China and India, the sources of most trade complaints, to 
verify documentation of information provided by foreign 
companies. The Committee expects the Department to submit 
quarterly reports to the Committee regarding the ITA's travel 
expenditures, including separate breakouts of funding, number 
of trips and the purposes of travel to both China and India.
    Within the appropriation $3,000,000 is provided for the 
following activities:

                                       INTERNATIONAL TRADE ADMINISTRATION
                                        CONGRESSIONALLY-DESIGNATED ITEMS
                                                ($ in thousands)
----------------------------------------------------------------------------------------------------------------
                                                                                                    Recommended
                Recipient                           Project                    Location               amount
----------------------------------------------------------------------------------------------------------------
Cornell University......................  National Textile Center...  Ithaca, NY................            $200
Georgia Institute of Technology.........  National Textile Center...  Atlanta, Georgia..........             100
National Textile Center and the Textile/  National Textile Center/    Raleigh, NC and Cary, NC..             100
 Clothing Technology Corporation [TC]2.    [TC]2.
National Textile Centers program........  National Textile Centers..  Spring House, PA..........             250
NC State University.....................  NC State Textile Research.  Raleigh, NC...............           1,000
St. Francis University & St. Vincent      St. Francis University      Loretto, PA and Latrobe,               350
 College.                                  Center for Global           PA.
                                           Competitiveness.
Textile/Clothing Technology Corporation   [TC]2 Textile Research....  Cary, NC..................           1,000
 [TC].
----------------------------------------------------------------------------------------------------------------

                    Bureau of Industry and Security


                     OPERATIONS AND ADMINISTRATION




Fiscal Year 2008 enacted..............................       $72,855,000
Fiscal Year 2009 request..............................        83,676,000
Recommended in the bill...............................        83,676,000
Bill compared with:
    Fiscal Year 2008 enacted..........................       +10,821,000
    Fiscal Year 2009 request..........................  ................


    The mission of the Bureau of Industry and Security (BIS) is 
to advance U.S. national security, foreign policy, and economic 
objectives by ensuring an effective export control and treaty 
compliance system and promoting continued U.S. strategic 
technology leadership.
    The Committee recommends $83,676,000 for BIS, which is 
$10,821,000 above the fiscal year 2008 level and the same as 
the budget request. Of the amount provided, $14,767,000 is for 
inspections and other activities related to national security. 
The recommendation includes $2,385,000 for program enhancements 
and new initiatives that will advance BIS' export control and 
enforcement activities.
    Management and Policy Coordination (MPC).--The Management 
and Policy Coordination program supports all Bureau performance 
goals. MPC develops, analyzes, and coordinates policy 
initiatives within BIS and on an interagency basis.
    Export Administration (EA).--The Export Administration 
carries out BIS programs related to export control regulations, 
export licenses, treaty compliance, treaty obligations relating 
to weapons of mass destruction, and the defense industrial and 
technology base to meet national security needs. EA regulates 
the export of dual-use items determined to require export 
licenses for reasons of national security, nonproliferation, 
foreign policy, or short supply; ensures that approval or 
denial of license applications is consistent with U.S. economic 
and security concerns; promotes an understanding of export 
control regulations within the business community; represents 
the Department in interagency and international fora relating 
to export controls, particularly multilateral regimes; monitors 
and seeks to ensure the availability of industrial resources 
for national defense under the Delegation of Procurement 
Authority; analyzes the impact of export controls on strategic 
industries; and assesses the security consequences for the 
United States of certain foreign investments.
    Export Enforcement (EE).--The Export Enforcement program 
detects and prevents the illegal export of controlled goods and 
technology. EE investigates and helps sanction violators of 
U.S. export control, anti-terrorist and public safety laws and 
regulations; educates the business community to help prevent 
violations; and administers the Export Administration Act (EAA) 
(which expired on August 19, 2001, but the provisions remain in 
force under the International Emergency Economic Powers Act 
(IEEPA), Executive Order 13222, as extended most recently by 
the Notice of August 3, 2006 (71 Fed. Reg. 44551 (August 7, 
2006)) provisions restricting participation in foreign 
boycotts.

                  Economic Development Administration





Fiscal Year 2008 enacted..............................      $279,932,000
Fiscal Year 2009 request..............................       132,800,000
Recommended in the bill...............................       282,800,000
Bill compared with:
    Fiscal Year 2008 enacted..........................        +2,868,000
    Fiscal Year 2009 request..........................      +150,000,000


    The mission of the Economic Development Administration 
(EDA) is to lead the Federal economic development agenda by 
promoting innovation and competitiveness, thus preparing 
American regions for growth and success in the worldwide 
economy. The Committee recommendation includes $282,800,000 for 
the programs and administrative expenses of the EDA for fiscal 
year 2009, which is $150,000,000 above the request and 
$2,868,000 above fiscal year 2008. The total recommendation for 
EDA consists of the amounts appropriated in the following two 
accounts.

              ECONOMIC DEVELOPMENT ADMINISTRATION PROGRAMS




Fiscal Year 2008 enacted..............................      $249,100,000
Fiscal Year 2009 request..............................       100,000,000
Recommended in the bill                                      250,000,000
Bill compared with:
    Fiscal Year 2008 enacted..........................          +900,000
    Fiscal Year 2009 request..........................      +150,000,000


    Economic Development Assistance Programs promote regional 
economic development efforts that benefit distressed 
communities. The Committee recommendation includes $250,000,000 
for the Economic Development Assistance Programs, an increase 
of $150,000,000 above the request and $900,000 above fiscal 
year 2008. Of the amounts provided, funds are to be distributed 
as follows:




Global climate change mitigation fund.................       $14,700,000
Public works..........................................       138,280,000
Planning..............................................        31,000,000
Technical assistance..................................         9,400,000
Research and evaluation...............................           490,000
Trade adjustment assistance...........................        15,800,000
Economic adjustment assistance........................        40,330,000


    Global Climate Change Mitigation Fund.--The Committee notes 
the increased construction costs associated with the 
incorporation of technologies and strategies which reduce 
energy consumption and harmful gas emissions and contribute to 
sustainability, and provides $14,700,000 for the Global Climate 
Change Mitigation Incentive Fund, $13,200,000 above the request 
and $5,300,000 above fiscal year 2008. The Committee emphasizes 
that to be successful in today's environment, economic 
development must address the effects of climate change. The 
Committee directs EDA to provide a report and spend plan on the 
Fund no later than 90 days after enactment of the Act. The 
report should detail the scope of the fund, the criteria for 
approval of fund expenditures, and the methodology EDA will 
employ when reviewing grants.
    Public Works.--The Committee provides $138,280,000 for 
Public Works, $131,080,000 above the budget request. The 
Committee believes that, given the current economic climate, 
these funds are critical to local communities and industries 
faced with increased economic pressures and dislocations in the 
rapidly changing global economy.
    Planning.--The Committee provides $31,000,000 for planning, 
$4,000,000 above the request, and directs the agency to 
allocate $3,700,000 of the additional planning resources to the 
existing network of 370 Economic Development Districts (EDDs), 
with the remaining $300,000 to reduce the backlog of 
designated-but-unfunded EDDs. This increase provides EDDs with 
the flexibility needed to engage local government, business and 
community leadership in setting and pursuing strategic job 
creation and retention initiatives effectively.
    Trade Adjustment Assistance (TAA).--The Committee provides 
$15,800,000 for trade adjustment assistance, an increase of 
$1,700,000 over the request. Of that amount, not less than 
$200,000 and no more than $350,000 shall be available to fund 
permanent FTE to address the chaotic conditions that have 
recently characterized the program. The Committee is concerned 
about reports that TAA has relied on interns for the bulk of 
the work, and reminds EDA that interns should supplement staff, 
not replace them, particularly as efforts are made to improve 
overall organization and implementation of the program.
    The Committee strongly believes that economic 
diversification and innovation, fueled by entrepreneurship, 
promotes robust, sustainable economic growth and the 
competitiveness of American communities and regions. The 
Committee's intent is that funds be spent with the specific 
purpose and criteria set forth in the enabling legislation. The 
Committee encourages EDA to incorporate into its project 
evaluation and selection criteria greater consideration for 
projects that diversify the local regional economy, support the 
development of new regional economic drivers and emerging 
industry clusters, advance innovation, entrepreneurship and 
technology transfer, and encourage the commercialization of 
university-led research and development.

                         SALARIES AND EXPENSES




Fiscal Year 2008 enacted..............................       $30,832,000
Fiscal Year 2009 request..............................        32,800,000
Recommended in the bill...............................        32,800,000
Bill compared with:
    Fiscal Year 2008 enacted..........................        +1,968,000
    Fiscal Year 2009 request..........................  ................


    The administration of EDA's Economic Development Assistance 
Programs is carried out through a network of headquarters and 
regional offices. These activities include pre-application 
assistance and development, application processing, and project 
monitoring as well as general support functions such as 
economic development research, technical assistance, 
information dissemination, legal and environmental compliance, 
financial management, budgeting and debt management. The 
Committee recommendation includes $32,800,000 for the salaries 
and expenses of the EDA, the same as the request and $1,968,000 
above fiscal year 2008.

                     Minority Business Development





Fiscal Year 2008 enacted..............................       $28,623,000
Fiscal Year 2009 request..............................        29,000,000
Recommended in the bill...............................        31,500,000
Bill compared with:
    Fiscal Year 2008 enacted..........................        +2,877,000
    Fiscal Year 2009 request..........................        +2,500,000


    The mission of the Minority Business Development Agency 
(MBDA) is to achieve entrepreneurial parity for Minority 
Business Enterprises by promoting their ability to grow and to 
compete in the global economy. MBDA helps minority-owned 
businesses obtain access to public and private debt and equity 
financing, market opportunities, and management and business 
information to increase business growth in the minority 
business community.
    The Committee recommendation includes $31,500,000 for the 
Minority Business Development Agency for fiscal year 2009. The 
recommendation is $2,500,000 above the request and $2,877,000 
above fiscal year 2008. Within the appropriation, $525,000 is 
provided for the following activities:

                                      MINORITY BUSINESS DEVELOPMENT AGENCY
                                        CONGRESSIONALLY-DESIGNATED ITEMS
                                                ($ in thousands)
----------------------------------------------------------------------------------------------------------------
                                                                                                   Recommended
               Recipient                           Project                    Location                amount
----------------------------------------------------------------------------------------------------------------
Rural Enterprises of Oklahoma, Inc.      REI Business and Resource   Durant, Oklahoma..........             $175
 (REI).                                   Center at Eastern
                                          Oklahoma State College.
Team NEO...............................  Northeast Ohio Minority     Cleveland, Ohio...........              150
                                          Business Attraction
                                          Initiative.
West Liberty State College.............  Emerging Minority Business  West Liberty, West                      200
                                          Leaders.                    Virginia.
----------------------------------------------------------------------------------------------------------------

                Economics and Statistics Administration


                         SALARIES AND EXPENSES




Fiscal Year 2008 enacted..............................       $81,075,000
Fiscal Year 2009 request..............................        90,621,000
Recommended in the bill...............................        89,121,000
Bill compared with:
    Fiscal Year 2008 enacted..........................        +8,046,000
    Fiscal Year 2009 request..........................        -1,500,000


    The mission of the Economics and Statistics Administration 
(ESA) is to provide leadership and critical oversight of the 
Census Bureau and Bureau of Economic Analysis. The mission of 
the Bureau of Economic Analysis (BEA) is to promote the 
understanding of the U.S. economy by providing timely, 
relevant, and accurate economic accounts data. These statistics 
are key ingredients in decisions affecting interest and 
exchange rates, tax and budget projections, business investment 
plans, and the allocation of over $214 billion in Federal 
funds, including programs such as Medicaid and Temporary 
Assistance for Needy Families (TANF) among others. BEA prepares 
national, regional, industry and international accounts that 
present essential information on such issues as economic 
growth, regional economic development, inter-industry 
relationships and the Nation's position in the world economy.
    The Committee recommendation provides $89,121,000 for the 
ESA, which is $1,500,000 less than the request and $8,046,000 
above fiscal year 2008. The Committee recommendation reduces 
the Economics and Statistics Administration headquarters 
management activities by $1,500,000 below the request, given 
the ESA's limited and ineffective oversight of the Census 
Bureau.

                          Bureau of the Census





Fiscal Year 2008 enacted..............................    $1,230,244,000
Fiscal Year 2009 request\1\...........................     2,604,622,000
Recommended in the bill\1\............................     2,604,622,000
Bill compared with:
    Fiscal Year 2008 enacted..........................    +1,374,378,000
    Fiscal Year 2009 request..........................  ................

\1\Excludes pending budget amendment of $545,840,000.

    The mission of the Bureau of the Census (Census) is to 
serve as the leading source of quality data about the Nation's 
people and economy. To accomplish this mission, Census measures 
those trends and segments of our population and economy most 
critical to continued American success and prosperity. The 
Committee recommendation includes a total operating level of 
$2,604,622,000 for the Bureau of the Census, which is the same 
as the request and $1,374,378,000 above fiscal year 2008.

                         SALARIES AND EXPENSES




Fiscal Year 2008 enacted..............................      $202,838,000
Fiscal Year 2009 request..............................       238,740,000
Recommended in the bill...............................       238,740,000
Bill compared with:
    Fiscal Year 2008 enacted..........................       +35,902,000
    Fiscal Year 2009 request..........................  ................


    This appropriation provides for the collection, 
compilation, and publication of a broad range of current 
economic, demographic, and social statistics, to include 
current economic, general economic, foreign trade, and current 
demographic statistics, and survey development and data 
services. The Committee recommendation includes $238,740,000 
for the salaries and expenses of the Bureau of the Census for 
fiscal year 2009, which is the same as the request and 
$35,902,000 above fiscal year 2008.
    Current economic statistics.--The business statistics 
program provides current information on sales and related 
measures of retail and wholesale trade and selected service 
industries. Construction statistics are provided on significant 
construction activity, while manufacturing statistics survey 
key industrial commodities and manufacturing activities, 
providing current statistics on the quantity and value of 
industrial output.
    Improved measurement of service.--The Committee provides 
$39,342,000, an increase of $8,118,000 over 2008, which is the 
same as the request, to provide quarterly and annual coverage 
of all twelve service sectors, matching the coverage of the 
quinquennial Economic Census. This new initiative will provide 
the Bureau of Economic Analysis (BEA), the Council of Economic 
Advisors, the Federal Reserve Board, and other policymakers, 
business leaders, and the American public with comprehensive 
and timely data on the service economy, which now accounts for 
55 percent of economic activity.
    Current demographic statistics.--Household surveys provide 
information on the social and economic characteristics of the 
population. The Census Bureau also provides current reports and 
future projections on the geographic and demographic 
characteristics of the U.S. population. International 
statistics provide estimates of demographic and economic 
characteristics for various countries.
    Survey of Income and Program Participation (SIPP).--The 
Committee provides $45,742,000, the same as the request and an 
increase of $21,180,000 over fiscal year 2008, to re-establish 
SIPP with a full sample of 45,000 households in September 2008. 
Funds provided will also allow for improvements to the SIPP 
system by fiscal year 2012, including updating computer 
programming; improving survey content; investigating, testing, 
and as appropriate implementing an Event History Calendar; and 
security enhancements to laptops used in the field.
    Current Population Survey (CPS).--The Committee provides 
$14,359,000, which is the same as the request and includes an 
increase of $1,452,000 over fiscal year 2008. These funds will 
be used to maintain accuracy, relevancy, security and 
confidentiality of CPS data, and maintain the reliability of 
CPS estimates.
    Survey development and data services.--The Statistical 
Abstract of the United States summarizes Government and private 
statistics of the industrial, social, political, and economic 
activities of the United States. This function also supports 
general research on survey methods and techniques to improve 
the efficiency, accuracy, and timeliness of statistical 
programs.

                     PERIODIC CENSUSES AND PROGRAMS




Fiscal Year 2008 enacted..............................    $1,027,406,000
Fiscal Year 2009 request\1\...........................     2,365,882,000
Recommended in the bill\1\............................     2,365,882,000
Bill compared with:
    Fiscal Year 2008 enacted..........................    +1,338,476,000
    Fiscal Year 2009 request..........................  ................

\1\Excludes pending budget amendment of $545,840,000.

    The Committee recommendation includes a total of 
$2,365,882,000 for all periodic censuses and related programs 
in fiscal year 2009, which is the same as the budget request 
and $1,338,476,000 above fiscal year 2008.
    2010 Decennial Census Program.--The Committee provides 
$2,143,149,000, which is the same as the request and an 
increase of $1,342,215,000 over fiscal year 2008. Funds for the 
2010 Census program are provided to: (1) complete dress 
rehearsal operations and assessments and conduct several major 
operations for the 2010 Census, while making final preparations 
for the remaining operations; and (2) continue to conduct the 
American Community Survey (ACS) to provide socioeconomic data 
on an ongoing basis rather than waiting for once-a-decade 
censuses.
    Budget amendment.--On June 9, 2008, the Committee received 
a budget amendment that requests an additional $545,840,000 for 
the Bureau of the Census to cover increased costs of the 2010 
Decennial Census resulting from mismanagement of a key 
information technology contract. The pending budget amendment 
proposes reductions to other accounts within the Departments of 
Agriculture, Health and Human Services, Homeland, the Interior, 
Labor, and the Treasury, as well as the Department of Commerce. 
The Office of Management and Budget transmitted the amendment 
too late for it to receive serious review by the Committee; 
therefore, the Committee defers without prejudice its 
consideration of the amended request at this time.
    Field Data Collection Automation (FDCA) Contract Replan.--
The Census Bureau is in the midst of a replan of the FDCA 
contract, which has resulted in a significant overall increase 
in the life cycle cost of the Decennial Census. The full impact 
of the life cycle increase is estimated to be up to an 
additional $3,000,000,000. In part, this is the result of an 
unreliable life cycle cost estimate. Thus, the Committee 
directs Census to implement the Government Accountability 
Office's June 16, 2008 report recommendations on life cycle 
cost estimates.
    The Committee notes with dismay the Administration's lack 
of attention to the 2010 Decennial, the Department's lack of 
critical oversight, the failure to provide timely funding 
requests, and the consequent risk of failure of this 
constitutionally-mandated effort. The Committee is committed to 
providing the necessary funding and expects the Administration 
will focus requisite oversight to ensure a successful 
Decennial.
    Partnerships.--The Committee is concerned that abandoning 
plans to use handheld computers to collect data in the field 
could adversely affect the enumeration of historically hard-to-
count populations, including racial and ethnic minorities, 
language-minorities, immigrants, and low income households. 
Thus, the Committee directs the Bureau of the Census to 
allocate sufficient funding to support a robust partnership and 
outreach efforts in preparation for the 2010 Decennial Census, 
with specific focus being placed on hard-to-reach populations. 
The census partnership program is a vital component of the 
effort to obtain the most accurate decennial census count 
possible. Funding provided for this program will help enlist 
community leaders to encourage their constituencies to fill out 
their census forms, emphasizing the importance of the census to 
their local community and education system. The Committee notes 
testimony made by the Census Bureau before the Committee that 
increasing the mail-back response rate through promotional 
efforts such as these partnerships will likely result in 
substantial savings in the non-response follow-up enumeration.
    Language assistance programs.--While the Census Bureau is 
committed to ensuring that Spanish speakers receive adequate 
assistance in filling out their census questionnaires, the 
Committee is concerned that the Census Bureau has not 
adequately planned for assistance in other languages during the 
2010 Census and the ACS. The Census Bureau should provide the 
Committee with updates on a semi-annual basis on its language 
assistance program, including information on how it will reach 
and assist respondents who speak Asian, American Indian and 
Alaska Native languages, Spanish, and other languages spoken by 
ethnic immigrants in the United States for the ACS and the 2010 
Census.
    Additional outreach.--The Committee directs the Bureau to 
provide not less than $8,000,000 and not more than $10,000,000 
for Census in Schools competitive grants and adult education 
materials for the 2010 Decennial. The Committee notes that 
Census in Schools provides significant outreach to hard-to-
reach populations through the medium of take-home materials 
that educate school children and their parents and extended 
families. Similar results are obtained by providing adult 
education materials that also reach neighbors and friends in 
these communities.
    Data on small population groups.--The Committee is 
concerned about the availability of data on small population 
groups, especially Asian, Hispanic, Pacific Islander, and other 
national origins subgroups, from the American Community Survey 
and Decennial census. In many ethnic and immigrant communities, 
gathering accurate information about smaller subgroups is 
extremely important for policymakers, as the needs among the 
various populations vary significantly. The Committee urges the 
Census Bureau to ensure that reliable information about these 
subgroups, especially numerically smaller groups, is collected 
and published, and directs the Bureau to report back within 90 
days of enactment describing the steps it will take to ensure 
the availability and accuracy of these data.
    Offshore U.S. jurisdictions.--The Committee appreciates the 
efforts of the Census Bureau to consider new options for 
reporting data reflecting all citizens of the United States, 
including Puerto Rico and other offshore U.S. jurisdictions.
    Non-decennial programs.--The Committee recommendation 
includes $222,733,000 for non-decennial periodic census 
programs, the same amount as in the request, and $7,559,000 
below fiscal year 2008. Funds are distributed as follows:

Other Periodic Programs:
    Economic Censuses...................................    $118,687,000
    Census of Governments...............................       8,912,000
                    --------------------------------------------------------
                    ____________________________________________________
      Subtotal, Other Periodic Programs.................     127,599,000

Demographic Statistics Programs:
    Intercensal Demographic Estimates...................      10,321,000
    Demographic Survey..................................      11,449,000
    Geographic Support..................................      41,781,000
    Data Processing Systems.............................      31,583,000
                    --------------------------------------------------------
                    ____________________________________________________
      Subtotal, Demographic Programs....................      95,134,000
                    --------------------------------------------------------
                    ____________________________________________________
        Total, Non-Decennial Programs...................     222,733,000

    Economic Census.--Conducted every five years, the economic 
census is integral to the Bureau of Economic Analysis' (BEA) 
estimates of the Gross Domestic Product (GDP), and is the 
foundation of the nation's economic statistics programs. Fiscal 
year 2009 is the fifth year of the six-year 2007 Economic 
Census cycle, and reflects the transition from intensive data 
collection and centralized processing activities at the 
National Processing Center to Headquarters processing, which 
includes editing, summary data review, and product preparation 
associated with data dissemination of results from the core 
census programs.
    Census of Governments.--The Census of Governments is also 
integral to the BEA's estimates of GDP. It is the only source 
of comprehensive and uniformly classified data on the economic 
activities of more than 90,000 state and local governments, 
which account for about 12 percent of GDP and nearly 16 percent 
of the U.S. workforce. Fiscal year 2009 is the last year in the 
five-year cycle of the 2007 Census of Governments.

       National Telecommunications and Information Administration


                         SALARIES AND EXPENSES




Fiscal Year 2008 enacted..............................       $17,466,000
Fiscal Year 2009 request..............................        19,218,000
Recommended in the bill...............................        19,218,000
Bill compared with:
    Fiscal Year 2008 enacted..........................        +1,752,000
    Fiscal Year 2009 request..........................  ................


    The National Telecommunications and Information 
Administration (NTIA) serves as the President's principal 
adviser on telecommunications and information policy matters. 
NTIA advocates for policies and conducts technical research 
that supports delivery of the latest telecommunications 
technology and services to all Americans. The Committee 
recommendation includes $19,218,000 for the salaries and 
expenses of the NTIA, which is the same as the request and 
$1,752,000 above fiscal year 2009.
    Domestic and international policies.--NTIA develops and 
advocates policies to improve and expand domestic 
telecommunications services and markets. NTIA provides advice 
to White House officials, coordinates with other Executive 
Branch agencies, and participates in relevant Congressional 
actions and interagency and Federal Communications Commission 
(FCC) proceedings on a host of issues. NTIA advocates the 
advancement of U.S. priorities in international 
telecommunications policy and regulatory areas.
    Spectrum management.--NTIA manages the Federal Government's 
use of the radio frequency spectrum, both domestically and 
internationally.
    Telecommunication sciences research.--NTIA develops 
improved spectrum measurement techniques to address the 
increasing use of broadband technologies, including digital 
signals, spread-spectrum, and frequency agile systems.
    Digital Television Transition And Public Safety Fund.--The 
Digital Television Transition and Public Safety Fund, created 
by the Deficit Reduction Act of 2005, receives offsetting 
receipts from the auction of licenses to use electromagnetic 
spectrum recovered from discontinued analog television signals 
and provides funding for several programs from these receipts. 
The Act specifies that recovered spectrum, aside from 24 
megahertz dedicated for public safety use, will be auctioned by 
the Federal Communications Commission in 2008 and identifies 
the distribution of revenue for deficit reduction and program 
purposes as identified below. Receipts exceeding amounts 
specified for authorized programs will be returned to the 
general fund of the Treasury. The Act also provides borrowing 
authority to the Department of Commerce to commence specified 
programs prior to the availability of auction receipts to fund 
the following activities:
           Digital-to-Analog Converter Box Program;
           Public Safety Interoperable Communications;
           New York City 9/11 Digital Transition;
           Assistance to Low-Power Television Stations;
           National Alert and Tsunami Warning Program; 
        and
           Implement the ENHANCE 911 Act of 2004.

    PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND CONSTRUCTION




Fiscal Year 2008 enacted..............................       $18,800,000
Fiscal Year 2009 request..............................  ................
Recommended in the bill...............................        21,728,000
Bill compared with:
    Fiscal Year 2008 enacted..........................        +2,928,000
    Fiscal Year 2009 request..........................       +21,728,000


    The Public Telecommunications Facilities, Planning, and 
Construction (PTFPC) program awards competitive grants that 
help public broadcasting stations, State and local governments, 
Indian tribes and nonprofit organizations construct facilities 
to bring educational and cultural programming to the American 
public using broadcasting and non-broadcasting 
telecommunications technologies.
    The Committee recommendation includes $21,728,000 for 
PTFPC, which is $2,928,000 above fiscal year 2008. The budget 
proposed to eliminate funding for this program. The Committee 
reiterates that the PTFPC program is a critical source of 
funding for ongoing infrastructure needs that enable public 
telecommunications facilities to remain on-air, particularly in 
under-served rural areas. The PTFPC program is the primary 
source for funding for telecommunications infrastructure 
assistance for public radio and television stations. 
Furthermore, NTIA and the Corporation for Public Broadcasting 
work closely together to make sure there is no overlap between 
the two programs and that each addresses the most suitable 
needs for their individual programs.
    The Committee notes that in the past two fiscal years, 
PTFPC requests have outnumbered grants two to one. Yet the 
Administration attempted to divert funding for fiscal year 2008 
PTFPC grants to apply to the 2010 Decennial Census crisis, 
rather than request emergency supplemental funding. This is 
particularly problematic given that NTIA was in the process of 
trying to award emergency grants, some of which would fund 
digital transition issues. The Committee is concerned that the 
delays in allocating grant funding is only further aggravating 
the oversubscription of the PTFPC.

               United States Patent and Trademark Office


                        CURRENT YEAR FEE FUNDING




Fiscal Year 2008 enacted..............................    $1,915,500,000
Fiscal Year 2009 request..............................     2,087,000,000
Recommended in the bill...............................     2,087,000,000
Bill compared with:
    Fiscal Year 2008 enacted..........................      +171,500,000
    Fiscal Year 2009 request..........................  ................


    The United States Patent and Trademark Office (USPTO) is 
charged with administering the patent and trademark laws of the 
United States. USPTO examines patent applications, grants 
patent protection for qualified inventions, and disseminates 
technological information disclosed in patents. The USPTO also 
examines trademark applications and provides federal 
registration to owners of qualified trademarks. The USPTO 
advises the Office of the United States Trade Representative on 
enforcement issues in connection with free trade agreements and 
participates in consultations with numerous foreign governments 
on a broad range of issues related to the enforcement of 
intellectual property rights. The Committee recommendation 
includes $2,087,000,000 for the USPTO for fiscal year 2008, 
which is the same as the request and $171,500,000 above fiscal 
year 2008. The bill retains the provision that transfers 
funding to ``Departmental Management, Salaries and Expenses'' 
for activities associated with the National Intellectual 
Property Law Enforcement Coordination Council (NIPLECC), rather 
than create a separate appropriations account. The 
recommendation includes $1,021,000 for NIPLECC, the same as the 
request and $21,000 above fiscal year 2008. The bill also 
includes a provision that provides funds for cooperative 
agreements to conduct policy studies related to fair 
international protection of intellectual property rights.
    The Government Accountability Office has found that the 
backlog of unexamined patent applications at the USPTO has 
increased by nearly 73 percent since fiscal year 2002 to about 
730,000 applications at present. This has caused a continually 
increasing length of time between filing of a patent 
application and final action on that application. Currently, 
the average pendency of applications is 32 months. If this 
trend continues average pendency will be 52 months by 2012. The 
Government Accountability Office (GAO) has found that the 
hiring of additional patent examiners has not been sufficient 
to reverse this trend.
    In addition to hiring additional examiners, the USPTO has 
responded by issuing rules limiting the ability of applicants 
to modify their applications with additional information and 
claims through the use of continuing applications. The USPTO 
issued final rules restricting applicants' rights even though 
an overwhelming majority of users of the patent system objected 
when given the opportunity for public comment. Further, the 
United States District Court for the Eastern District of 
Virginia has enjoined the issuance of the rules changes as 
exceeding the statutory authority of the Undersecretary and 
Director.
    The sustained increase in the number of applications that 
has given rise to the increasing backlog is largely a 
consequence of a globalized economy in which applicants are 
filing in more than one jurisdiction. This means that the USPTO 
and other national patent offices are duplicating one another's 
work. The USPTO has recognized the relationship between rising 
workload and duplication of national examinations and has 
convened a series of meetings with other leading patent offices 
to attempt to more effectively share information so as to 
decrease the duplication of work. However, these efforts have 
proceeded very slowly and have not yet resulted in any relief 
for the USPTO.
    Given the findings of the GAO it is unlikely that hiring 
additional examiners alone will resolve the backlog problem. 
Further, attempting to restrict the rights of applicants has 
generated widespread opposition among stake holders and been 
blocked by a federal court. Therefore, the most likely means of 
reducing the pendency of patent applications is for the leading 
patent offices to make more effective use of one another's 
work. The Committee directs the USPTO take actions to reduce 
duplication of work already performed by another patent office 
in a manner that does not compromise the quality of the 
examination or the sovereignty of the United States. The 
Committee also encourages the USPTO to review its proposed 
rules changes so that they fall within the statutory authority 
of the Director and take into account the concerns of the 
majority of users of the patent system.

             National Institute of Standards and Technology


                         (INCLUDING TRANSFERS)

    The National Institute of Standards and Technology (NIST) 
promotes U.S. innovation and industrial competitiveness by 
advancing measurement science, standards, and technology in 
ways that enhance economic security and improve our quality of 
life.
    The Committee recommendation includes $816,860,000 for NIST 
for fiscal year 2009, which is $178,860,000 above the request 
and $61,013,000 above fiscal year 2008.

             SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES




Fiscal Year 2008 enacted..............................      $440,517,000
Fiscal Year 2009 request..............................       535,000,000
Recommended in the bill...............................       500,660,000
Bill compared with:
    Fiscal Year 2008 enacted..........................       +60,143,000
    Fiscal Year 2009 request..........................       -34,340,000


    To carry out its mission, NIST has an intramural research 
program made up of laboratories and technical programs and 
national research facilities. The laboratories and technical 
programs develop and disseminate measurement techniques, 
reference data and materials, test methods, standards, and 
other infrastructural technologies and services required by 
U.S. industry. National research facilities include the NIST 
Center for Neutron Research and the Center for Nanoscale 
Science and Technology. NIST also manages the Baldridge 
National Quality Program, which promotes U.S. competitiveness 
in business, health care, education, and non-profit 
organizations through performance excellence criteria and other 
information transfer, and management of the Malcolm Baldridge 
National Quality Award. The Committee recommendation includes 
$500,660,000 for NIST's scientific and technical core programs, 
which is $60,143,000 above fiscal year 2008 and $34,340,000 
below the request.
    The Committee notes that several of the proposed new 
initiatives are multi-year programs which add 85 new positions 
and cost $29,840,000 in the first year alone. Given that NIST 
has not provided the Committee with a strategic plan and did 
not seek industry input, the Committee chooses to defer funding 
for these initiatives to allow the new Administration the 
opportunity to evaluate the proposed programs, determine 
whether or not the significant multi-year investment involved 
fits within its priorities, and ensure that the proposed 
efforts are clearly focused. The Committee directs $36,750,000 
in increased funding for the following activities:




Measurements & Standards for Climate Change...........        $7,500,000
Innovations in Measurement Science....................         3,000,000
National Earthquake Hazards Reduction.................         3,250,000
Disaster Resilient Structures.........................         4,000,000
Cyber Security: Technologies for Interconnected                5,000,000
 Systems..............................................
Enabling the Hydrogen Economy.........................         4,000,000
Enabling Nanotechnology from Discovery to Manufacture.         3,500,000
Manufacturing Innovation/Supply Chain Integration.....         1,000,000
Quantum Information Science...........................         3,500,000
NIST Center for Neutron Research......................         2,000,000


    Measurement & Standards for Climate Change Program.--NIST 
has the opportunity to address critical gaps in climate change 
science that are limiting long-term climate policy decision-
making by: (1) resolving discrepancies in satellite-based 
measurements of solar intensity; and (2) providing critical 
information about an atmospheric component believed to play a 
major role in global climate change. Numerous climate 
monitoring systems provide essential information for predictive 
modeling of future climate changes, but those measurements must 
be made with sufficient accuracy and precision. The 2003 
Strategic Plan for the U.S. Climate Change Science Program 
(CCSP) emphasizes this priority by directly citing NIST's role 
in providing national standards for instrumentation. The 
Committee provides $7,500,000, which is $2,500,000 above the 
request.

                     INDUSTRIAL TECHNOLOGY SERVICES




Fiscal Year 2008 enacted..............................      $154,840,000
Fiscal Year 2009 request..............................         4,000,000
Recommended in the bill...............................       187,200,000
Bill compared with:
    Fiscal Year 2008 enacted..........................       +32,360,000
    Fiscal Year 2009 request..........................      +183,200,000


    This appropriation provides funding for the Manufacturing 
Extension Partnerships (MEP) program and the Technology 
Innovation Program (TIP). The Committee recommendation includes 
$187,200,000, which is $32,360,000 above the fiscal year 2008 
enacted level and $183,200,000 above the request. Of this 
amount, $122,00,000 is provided for the Manufacturing Extension 
Partnerships (MEP) and $65,200,000 is provided for the 
Technology Innovation Program. The Committee does not agree 
with the Administration's attempt to eliminate these programs. 
In the current economic climate, these programs are critically 
important to ensure the competitiveness of U.S. businesses.
    The MEP consists of a network of centers that provide 
business support and technical assistance services, and helps 
improve the productivity and competitiveness of small 
manufacturers. The centers are funded from matching Federal and 
State or local resources and fees charged for services.
    The Committee notes that MEP leverages private resources in 
the creation and retention of jobs, thereby increasing economic 
output as well as Federal revenues. The MEP system is uniquely 
positioned to be the resource of choice for increasing the 
competitiveness of U.S.-based supply chains, and MEP is the 
only organization whose mission is to improve the 
competitiveness of U.S. manufacturing. The MEP nationwide 
network, with its direct reach to the Nation's manufacturers, 
has proven to be invaluable to numerous Federal government 
partners who utilize the network to distribute valuable, 
cutting-edge information and resources in areas of workforce, 
technology adoption, environment and energy, quality, and more.
    The TIP was established in Section 3012 of the 2007 
COMPETES Act. The purpose is to speed the development of high-
risk, transformative research targeted to address key societal 
challenges. Funding is provided to small and medium-sized 
businesses, and institutions of higher education or other 
organizations, such as national laboratories and nonprofit 
research institutions to support, promote, and accelerate 
innovation in the US. These organizations research potentially 
revolutionary technologies that present high technical risks 
but meet critical national needs. TIP replaces the Advanced 
Technology Program (ATP) but allows for continued support for 
previous ATP awards.

                  CONSTRUCTION OF RESEARCH FACILITIES




Fiscal Year 2008 enacted..............................      $160,490,000
Fiscal Year 2009 request..............................        99,000,000
Recommended in the bill...............................       129,000,000
Bill compared with:
    Fiscal Year 2008 enacted..........................       -31,490,000
    Fiscal Year 2009 request..........................       +30,000,000


    This appropriation supports the construction of new 
facilities and the renovation and maintenance of NIST's current 
buildings and laboratories to comply with scientific and 
engineering requirements and to keep pace with Federal, State, 
and local health and safety regulations. The Committee 
recommendation includes $129,000,000, which is $30,000,000 
above the request and $31,490,000 below fiscal year 2008.
    The Committee fully supports the final phase of 
construction of the Building 1 Extension in Boulder; the 
requested expansion of the laboratories at JILA; the third and 
last fiscal year of funding increases required in the five year 
NIST Center for Neutron Research (NCNR) expansion and 
reliability improvements; and the fiscal year 2009 request for 
Safety, Capacity, Maintenance, and Major Repairs (SCMMR).
    Competitive Construction grants.--The Committee 
recommendation provides $30,000,000 for competitive 
construction grants for research science buildings. Such 
buildings shall be evaluated on the scientific and technical 
merit of the proposed use and need for Federal funding; the 
quality of the design of the research science building; and the 
adequacy of the project execution plan. These grants shall be 
awarded to colleges, universities, and other non-profit science 
research organizations on a merit-based basis.

            National Oceanic and Atmospheric Administration

    The mission of the National Oceanic and Atmospheric 
Administration (NOAA) is to understand and predict changes in 
the Earth's environment and conserve and manage coastal and 
marine resources to meet our Nation's economic, social and 
environmental needs. NOAA supplies information on the oceans 
and atmosphere, provides stewardship of our coastal and marine 
environment, and leads scientific research in such fields as 
ecosystems, climate, global climate change, weather and water.
    The Committee recommendation includes a total of 
$4,252,640,000 in discretionary appropriations for the National 
Oceanic and Atmospheric Administration, which is $148,727,000 
above the request, and $356,156,000 above fiscal year 2008.

                  OPERATIONS, RESEARCH, AND FACILITIES

                     (INCLUDING TRANSFER OF FUNDS)




Fiscal Year 2008 enacted..............................    $2,856,277,000
Fiscal Year 2009 request..............................     2,831,253,000
Recommended in the bill...............................     2,979,325,000
Bill compared with:
    Fiscal Year 2008 enacted..........................      +123,048,000
    Fiscal Year 2009 request..........................      +148,072,000


    The Committee recommendation includes a total program level 
of $3,072,325,000 under this account for the coastal, 
fisheries, marine, weather, satellite and other programs of the 
National Oceanic and Atmospheric Administration. This total 
funding level includes $2,979,325,000 in direction 
appropriations, a transfer of $79,000,000 from balances in the 
``Promote and Develop Fishery Products and Research Pertaining 
to American Fisheries'' account, a transfer of $3,000,000 from 
the Coastal Zone Management Fund, and $11,000,000 is derived 
from recoveries of prior year obligations. The direct 
appropriation of $2,979,325,000 is $148,072,000 above the 
request and $123,048,000 above the fiscal year 2008 level.
    The following narrative descriptions and tables identify 
the specific activities and funding levels included in this 
Act.
    National Ocean Service (NOS).--The recommendation provides 
$472,192,000 for NOS operations, research and facilities, which 
is $22,940,000 above the request. This includes $171,193,000 
for Ocean Resources Conservation and Assessment, which is 
$14,100,000 above the request, and provides $19,555,000 for the 
Integrated Ocean Observing System (IOOS) regional observations 
and $8,500,000 for NOAA IOOS. Within the recommendation, 
$27,997,000 is provided for Coral Reef Program, which is 
$2,100,000 above the request. The Committee directs NOS to 
apply the additional funding to Deep Sea Coral and competitive 
grants for coral reef research. The recommendation also 
includes $25,454,000 for Response and Restoration, which 
provides $2,188,000 for Estuary Restoration and an additional 
$2,000,000 above the request for Damage Assessment and 
Restoration; and $17,801,000 for Competitive Research, which is 
$2,000,000 above the request.

       NATIONAL OCEAN SERVICE--OPERATIONS, RESEARCH AND FACILITIES
                        [in thousands of dollars]
------------------------------------------------------------------------
                                                           Recommended
------------------------------------------------------------------------
Navigation Services:
    Mapping & Charting................................            63,615
    Address Survey Backlog/Contracts..................            31,173
    Geodesy...........................................            25,401
    Tide & Current Data...............................            28,837
                                                       -----------------
        Total, Navigation Services....................           149,026

Ocean Resources Conservation and Assessment:
    Ocean Assessment Program..........................            46,929
    Coastal Services Center...........................            20,254
    Coral Reef Program................................            27,997
    Response and Restoration..........................            25,454
    National Centers for Coastal Ocean Science (NCCOS)            32,758
    Competitive Research..............................            17,801
                                                       -----------------
        Total, Ocean Resources Conserv. & Assess......           171,193

Ocean and Coastal Management:
    CZM Grants........................................            66,146
    CZM Program Administration........................             8,155
    National Estuarine Research Reserve System........            22,326
    Non-point Pollution Implementation Grants.........             2,500
    Marine Protected Areas............................             2,900
    Marine Sanctuary Program..........................            49,946
                                                       -----------------
        Total, Ocean and Coastal Management...........          1451,973
                                                       -----------------
            Total, National Ocean Service--ORF........           472,192
------------------------------------------------------------------------

    National Marine Fisheries Service (NMFS).--The 
recommendation provides $744,415,000 for NMFS operations, 
research and facilities, which is $20,204,000 above the 
request.
    The recommendation provides $176,241,000 for Protected 
Species Research and Management, which is $9,000,000 above the 
request. The NMFS is directed to apply the funding to the 
Hawaiian Monk Seal, the Hawaiian Sea Turtle, the Bottlenose 
Dolphin, and Section 6 Endangered Species Act grants to States. 
The Hawaiian Monk Seal may be one of the world's most 
endangered marine species, and the Committee is concerned that 
the agency has not provided adequate funding to reverse this 
decline. The Committee is also concerned at the extent of the 
funding for Section 6 Endangered Species Act grants to States, 
which is approximately $1,000,000, and further directs NMFS to 
include adequate funding levels for these endangered species 
and Section 6 grants to States in future budget requests.
    The recommendation also provides a total of $49,905,000 for 
Habitat Conservation and Restoration, which is $6,500,000 above 
the request. Within this amount, $2,000,000 is provided above 
the request for the Open Rivers Initiative, and $4,500,000 is 
provided above the request for the Community Based Restoration 
Program.
    The recommendation also includes $2,500,000 for Chesapeake 
Bay Studies. Within the funds provided, NMFS is directed to 
apply $500,000 for the improvement of the living resources of 
the Chesapeake Bay watershed, including its headwater streams.

 NATIONAL MARINE FISHERIES SERVICE--OPERATIONS, RESEARCH AND FACILITIES
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                           Recommended
------------------------------------------------------------------------
Protected Species Research and Management:
    Protected Species.................................          $176,241
                                                       -----------------
        Protected Species Research and Management.....           176,241

Fisheries Research and Management:
    Fisheries Research and Management Programs........           159,585
    Expand Annual Stock Assessments--Improve Data                 42,708
     Collection.......................................
    Salmon Management Activities......................            24,381
    Regional Councils and Fisheries Commissions.......            27,289
    Fisheries Statistics..............................            16,152
    Fish Information Networks.........................            22,013
    Survey and Monitoring Projects....................            23,270
    Other Fisheries-related projects..................            31,612
                                                       -----------------
        Total, Fisheries Research and Management......           347,010

Enforcement & Observers/Training:
    Enforcement and Surveillance......................            56,405
    Observers and Training............................            32,680
                                                       -----------------
        Total, Enforcement & Observers/Training.......            89,085

Habitat Conservation & Restoration:
    Habitat Conservation..............................            49,905
                                                       -----------------
        Total, Habitat Conservation & Restoration.....            49,905

Other Activities Supporting Fisheries:
    Other Activities Supporting Fisheries.............            31,564
    Antarctic Research................................             2,639
    Chesapeake Bay Studies............................             2,500
    Cooperative Research..............................            11,455
    Information Analyses & Dissemination..............            19,328
    National Environmental Policy Act (NEPA)..........             8,211
    NMFS Facilities Maintenance.......................             6,477
                                                       -----------------
        Total, Other Activities Supporting Fisheries..            82,174
                                                       -----------------
            Total, National Marine Fisheries Service--           744,415
             ORF......................................
------------------------------------------------------------------------

    Oceanic and Atmospheric Research (OAR).--The recommendation 
includes $396,344,000 for OAR operations, research and 
facilities, which is $24,074,000 above the request.
    The recommendation includes $203,491,000 for Climate 
Research, which is $8,014,000 above the request. The 
recommendation also includes $23,028,000 for Information 
Technology and R&D, $10,000,000 above the request, to increase 
NOAA's supercomputing capacity. These funds will allow NOAA to 
run high resolution global climate models to improve seasonal 
forecasts and run earth simulations for long range climate 
research, which is needed by the impacts and policy 
communities. The Committee supports NOAA's efforts toward the 
creation of a National Climate Service and directs the agency 
to accelerate its current efforts with the additional funding 
provided.
    The recommendation includes $112,264,000 for Ocean, 
Coastal, and Great Lakes Research. Within this amount 
$59,997,000 is provided for the Sea Grant program, which is 
$5,000,000 above the request, and $1,060,000 is provided above 
the request for Laboratories and Cooperative Institutes.

   OFFICE OF OCEANIC & ATMOSPHERIC RESEARCH--OPERATIONS, RESEARCH AND
                               FACILITIES
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                           Recommended
------------------------------------------------------------------------
Climate Research:
    Laboratories & Cooperative Institutes.............           $53,337
    Competitive Research Program......................           139,702
    Climate Operations, Data & Information............            10,452
                                                       -----------------
        Total, Climate Research.......................           203,491

Weather & Air Quality Research:
    Laboratories & Cooperative Institutes.............            49,089
    Tornado Severe Storm Research/Phased Array Radar..             8,472
                                                       -----------------
        Total, Weather & Air Quality Research Programs            57,561

Ocean, Coastal, and Great Lakes Research:
    Laboratories & Cooperative Institutes.............            21,866
    National Sea Grant College Program................            59,997
    Ocean Exploration and Research....................            27,791
    Other Ecosystems Programs.........................             2,610
                                                       -----------------
        Total, Ocean, Coastal, and Great Lakes                   112,264
         Research.....................................

Information Technology and R&D:
    High Performance Computing Initiatives............            23,028
                                                       -----------------
        Total, Information Technology and R&D.........            23,028
                                                       -----------------
            Total, Office of Atmospheric Research--ORF           396,344
------------------------------------------------------------------------

    National Weather Service (NWS).--The recommendation 
provides $825,833,000 for National Weather Service operations, 
research and facilities, which is $7,000,000 above the request. 
The increase is provided solely for Local Warnings and 
Forecasts and reflects the Committee's concern with regard to 
the chronic shortage of salaries and expenses funds within the 
NWS.

      NATIONAL WEATHER SERVICE--OPERATIONS, RESEARCH AND FACILITIES
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                           Recommended
------------------------------------------------------------------------
Operations and Research:
    Local Warnings and Forecasts......................          $649,322
    Advanced Hydrological Prediction Services.........             6,037
    Aviation Weather..................................             5,253
    WFO Maintenance...................................             7,316
    Weather Radio Transmitters........................             2,297
    Central Forecast Guidance.........................            57,253
                                                       -----------------
        Total, Operations and Research................           727,478

Systems Operation & Maintenance:
    NEXRAD............................................            45,121
    ASOS..............................................             9,657
    AWIPS.............................................            38,065
    NWSTG Backup--CIP.................................             5,512
                                                       -----------------

        Total, Systems Operation & Maintenance........            98,355
                                                       -----------------
            Total, National Weather Service--ORF......           825,833
------------------------------------------------------------------------

    National Environmental Satellite, Data and Information 
Service (NESDIS).--The recommendation provides $179,171,000 for 
NESDIS operations, research and facilities, which is 
$13,879,000 above the request. The Committee recommendation 
does not fund the request for the Ocean Surface Vector Winds 
Studies. Instead, the Committee directs NESDIS to conduct the 
studies in-house and within available appropriations, and in 
conjunction with NASA, which has been directed similarly. The 
recommendation for Data Centers and Information Services is 
$70,538,000, which is $16,879,000 above the request, and 
provides for additional environmental data archiving, access 
and assessment activities.

    NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE--
                   OPERATIONS, RESEARCH AND FACILITIES
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                           Recommended
------------------------------------------------------------------------
Environmental Satellite Observing Systems:
    Satellite Command and Control.....................           $46,381
    Product Processing and Distribution...............            31,457
    Product Development, Readiness & Application......            28,376
    Space Commercialization, Licensing & Enforcement..             2,419
    Ocean Surface Vector Winds Studies................  ................
                                                       -----------------
        Total, Environmental Satellite Observing Sys..           108,633

NOAA's Data Centers & Information Services:
    NOAA's Data Centers & Information Services........            70,538
                                                       -----------------
        Total, Data Centers & Information Services....            70,538
                                                       -----------------

            Total, NESDIS--ORF........................           179,171
------------------------------------------------------------------------

    Program Support (PS).--The recommendation provides 
$409,955,000, which is $15,560,000 above the request for 
Program Support. The recommendation includes $29,297,000 for 
facilities, which provides a 25 percent increase over the 
request for facilities management and construction. The Office 
of the Inspector General has confirmed a significant and 
increasing backlog of deferred maintenance in fiscal years 2005 
and 2006. The Committee is concerned that NOAA is not 
addressing these issues, and is not protecting the taxpayers' 
investment. The Committee thus directs NOAA to meet the out-
year funding profile necessary to reverse the growing backlog 
of restoration projects, as well as the backlog of maintenance 
and minor repair projects. The Committee further directs NOAA 
to submit to the Committee, within 90 days of enactment of this 
Act, an allocation for the restoration funds provided that 
reflects the highest priority projects identified in the latest 
facility modernization plan.
    The recommendation also includes $167,089,000 for Marine 
and Aviation Operations, which includes $5,060,000 above the 
request for Marine Services and $1,500,000 above the request 
for Aviation Operations, to partially offset increased fuel 
costs across NOAA.

          PROGRAM SUPPORT--OPERATIONS, RESEARCH AND FACILITIES
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                           Recommended
------------------------------------------------------------------------
Corporate Services:
    Under Secretary and Associate Offices.............           $28,676
    Consolidated Mission Support......................           115,561
    Commerce Business System (formerly CAMS)..........            10,171
    Payment to the DOC Working Capital Fund...........            36,583
    IT Security.......................................             2,050
                                                       -----------------
        Total, Corporate Services.....................           193,041

NOAA Education Program:
    NOAA Education Program............................            20,528
                                                       -----------------
        Total, NOAA Education Program.................            20,528

Facilities:
    NOAA Facilities Management & Construction.........            29,297
                                                       -----------------
        Total, Facilities.............................            29,297

Marine and Aviation Operations:
    Marine Services...................................           118,511
    Fleet Planning and Maintenance....................            17,034
    Aviation Operations...............................            31,544
                                                       -----------------
        Total, Office of Marine & Aviation Operations.           167,089
                                                       -----------------
            Total, Program Support--ORF...............           409,955
------------------------------------------------------------------------

    Justification improvement.--The Committee directs NOAA to 
work with the Committee to reformat the justification into a 
more useable and user-friendly document, starting with the 
fiscal year 2010 submission.
    Research and Development (R&D) tracking and outcomes.--The 
Committee directs NOAA to continue tracking the division of R&D 
funds between intramural and extramural research, and further 
directs NOAA to assure consistency and clarity in the 
collection and reporting of data. The Committee also directs 
NOAA to state clearly its expected research outcomes and 
available funding in order to provide transparency into the 
competitive grant process for extramural researchers. The 
Committee is concerned that by not providing sufficient 
extramural research funding, NOAA risks discouraging extramural 
involvement in NOAA's research programs and the concomitant 
leveraging of external funds in support of mission-oriented 
research. Thus, the Committee encourages NOAA to provide 
additional extramural funding in future budget requests.
    Atmospheric sciences.--The Committee urges NOAA to make 
atmospheric sciences a priority within the resources made 
available in this Act and to request sufficient resources in 
subsequent years to advance this research.
    Space-based scientific data.--The Committee directs NOAA to 
report to the Committee on its plans to obtain space-based 
scientific data from commercial sources over the next three 
years within sixty days after the enactment of this Act.
    Ocean research priorities plan implementation.--The 
Committee directs competitive consideration of any region 
susceptible to coastal hazards within the ocean research 
priorities plan implementation.
    Within the appropriation, $44,415,000 is provided for the 
following activities:


               PROCUREMENT, ACQUISITION AND CONSTRUCTION




Fiscal Year 2008 enacted..............................      $979,207,000
Fiscal Year 2009 request..............................     1,238,660,000
Recommended in the bill...............................     1,212,315,000
Bill compared with:
    Fiscal Year 2008 enacted..........................      +233,108,000
    Fiscal Year 2009 request..........................       -26,345,000


    This account funds capital acquisition, construction, and 
fleet and aircraft replacement projects that support NOAA's 
operational mission across all line offices. Capital 
acquisition projects include satellite procurements and surface 
weather observation equipment for NOAA's weather and climate 
programs. Construction projects include new buildings or major 
modification of existing facilities. Fleet and aircraft 
replacement includes acquisition of new and upgrades to 
existing aircrafts and vessels..
    The Committee recommendation includes a total program level 
of $1,214,315,000 in direction obligations under this heading, 
of which $1,212,315,000 is appropriated from the general fund 
and $2,000,000 is derived from recoveries of prior year 
obligations. The direct appropriation of $1,212,315,000 for the 
Procurement, Acquisition and Construction account, is 
$26,345,000 below the request and $233,108,000 above fiscal 
year 2008.
    The bill includes language making any deviation from 
amounts designated for specific activities in this report, or 
any use of deobligated balances of funds provided under this 
heading in previous years shall be subject to the reprogramming 
procedures set forth in section 505.
    National Ocean Service.--The recommendation includes 
$48,100,000 for NOS acquisition and construction, $20,715,000 
above the requested level. This includes $3,325,000 above the 
request for the Coastal and Estuarine Land Conservation 
program, doubles the requested amount for the National 
Estuarine Research and Reserve System Acquisition and 
Construction and increase the Marine Sanctuaries Construction 
and Acquisition program $10,500,000 above the request.
    Oceanic and Atmospheric Research (OAR).--The recommendation 
includes $10,379,000 for OAR systems acquisition, the same as 
the request.
    National Weather Service (NWS).--The recommendation 
includes $111,858,000 for NWS acquisition and construction, the 
same as the request.
    National Environmental Satellite Data and Information 
Service (NESDIS).--The recommendation includes $992,588,000 for 
NESDIS acquisition and construction, which is the requested 
level. This provides full funding for GOES-R, NPOESS, and 
includes $74,000,000 for the restoration of critical climate 
sensors. The Committee remains concerned about the impact of 
the GOES-R out-year costs on NOAA's traditional mission areas.
    Program Support (PS).--The recommendation includes 
$37,890,000 for construction which provides $22,890,000 for the 
Pacific Regional Center, an increase of $2,910,00 above fiscal 
year 2008. This recommendation also includes $15,000,000 for 
the next phase of the Southwest Fisheries Science Center. The 
Committee understands that NOAA has recently determined that 
the new facility will be located in La Jolla. The 
recommendation also includes the request level of $11,500,000 
for fleet replacement.

                 PROCUREMENT, ACQUISITION & CONSTRUCTION
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                           Recommended
------------------------------------------------------------------------
Coastal and Estuarine Land Conservation Program (NOS).           $18,325
National Estuarine Land Research and Reserve System               13,780
 Construction/Acquisition (NOS).......................
Marine Sanctuaries Construction/Acquisition (NOS).....            15,995
Systems Acquisition (OAR).............................            10,379
Weather and Climate Systems Acquisition (NWS).........            85,254
Construction (NWS)....................................            26,604
Geostationary Systems Acquisition (NESDIS)............           550,263
Polar Orbiting Systems--POES (NESDIS).................            65,419
Polar Orbiting Systems--NPOESS (NESDIS)...............           287,985
EOS & Advanced Polar Data Systems (NESDIS)............               990
CIP--single point of failure (NESDIS).................             2,772
Comprehensive Large Array Data Stewardship System                  6,476
 (NESDIS).............................................
NPOESS Preparatory Data Exploitation (NESDIS).........             2,455
Satellite CDA Facility (NESDIS).......................             2,228
Restoration of Climate Sensors (NESDIS)...............            74,000
Construction (PS).....................................            37,890
Fleet Replacement (PS)................................            11,500
                                                       -----------------
    Total, PAC........................................         1,212,315
------------------------------------------------------------------------

                    PACIFIC COASTAL SALMON RECOVERY




Fiscal Year 2008 enacted..............................       $67,000,000
Fiscal Year 2009 request..............................        35,000,000
Recommended in the bill...............................        65,000,000
Bill compared with:
    Fiscal Year 2008 enacted..........................        -2,000,000
    Fiscal Year 2009 request..........................       +30,000,000


    This account funds State, Tribal and local conservation 
initiatives to help recover Pacific salmon populations. State 
and local recipients of this funding will provide matching 
contributions of at least thirty-three percent of Federal 
funds. In addition, funds will be available to Tribes that do 
not require matching dollars. The Committee recommendation 
includes $65,000,000 for Pacific Coastal Salmon Recovery, which 
is $2,000,000 below fiscal year 2008 and $30,000,000 above the 
request.

                      COASTAL ZONE MANAGEMENT FUND

                     (INCLUDING TRANSFER OF FUNDS)




Fiscal Year 2008 enacted..............................       -$3,000,000
Fiscal Year 2009 request..............................        -3,000,000
Recommended in the bill...............................        -3,000,000
Bill compared with:
    Fiscal Year 2008 enacted..........................  ................
    Fiscal Year 2009 request..........................  ................


    This fund was established by the Coastal Zone Act 
Reauthorization Amendments of 1990 (CZARA). The fund consists 
of loan repayments from the former Coastal Energy Impact 
Program. The proceeds are to be used to offset the Operations, 
Research, and Facilities account for the costs of implementing 
the Coastal Zone Management Act of 1972, as amended. The 
Committee recommendation includes language transferring not to 
exceed $3,000,000 from the Coastal Zone Management Fund to the 
``Operations, Research, and Facilities Account.''

                   FISHERIES FINANCE PROGRAM ACCOUNT




Fiscal Year 2008 enacted..............................       -$6,000,000
Fiscal Year 2009 request..............................        -1,000,000
Recommended in the bill...............................        -4,000,000
Bill compared with:
    Fiscal Year 2008 enacted..........................        +2,000,000
    Fiscal Year 2009 request..........................        -3,000,000


    This account covers the subsidy costs of guaranteed loans 
(pre-1997) and direct loans (post-1996) obligated or committed 
subsequent to October 1, 1991, as authorized by the Merchant 
Marine Act of 1936 as amended. The recommendation includes 
language under this heading limiting obligations of direct 
loans to $8,000,000 for Individual Fishing Quota loans and 
$59,000,000 for traditional direct loans.

                        Departmental Management


                         SALARIES AND EXPENSES




Fiscal Year 2008 enacted..............................       $44,294,000
Fiscal Year 2009 request..............................        61,083,000
Recommended in the bill...............................        45,000,000
Bill compared with:
    Fiscal Year 2008 enacted..........................          +706,000
    Fiscal Year 2009 request..........................       -16,083,000


    The salaries and expenses appropriation provides funding 
for Executive Direction and Departmental Staff Services. 
Executive Direction funds the development and implementation of 
policies and coordinates bureaus' program activities. 
Departmental Staff Services funds the development and 
implementation of the Department's internal policies, 
procedures and other administrative functions.
    The Committee recommendation includes $45,000,000 for 
Departmental Management, which is $706,000 above fiscal year 
2008 and $16,083,000 below the request. The Committee is 
disappointed by the performance of the Department of Commerce's 
departmental management. By failing to provide effective 
management and contract oversight, departmental officials have 
allowed the Bureau of the Census to court failure in the Field 
Data Collection Automation program. Furthermore, the Department 
did not keep the Congress informed of the magnitude of the 
program's problems when first recognized. The Administration, 
too, has failed to provide the necessary and appropriate 
funding requests to guard against failure. The Committee is 
concerned that this continuing lack of commitment and 
leadership puts at risk the success of the constitutionally-
mandated 2010 Decennial.
    The bill includes language that requires the Secretary of 
Commerce to provide a report to the Committee that audits and 
evaluates all decision documents and expenditures by the Bureau 
of Census as they relate to the 2010 Census. The bill also 
includes language that restricts $10,000,000 of the available 
appropriation from obligation until the Secretary certifies to 
the Committee that the Bureau of Census has met all standards 
and best management practices and Office of Management and 
Budget guidelines related to information technology projects 
and contract management.
    IT Security.--Within appropriated funding, the Committee 
directs $4,117,000 to address the Department's IT security 
material weaknesses and other concerns raised by the Inspector 
General.
    Emergency Steel Loan Guarantee Program.--The Committee 
disagrees with the administration's proposed cancellation of 
the remaining unobligated subsidy balances associated with the 
Emergency Steel Loan Guarantee Program.
    Office of the Native American Business Development.--The 
Committee directs the creation of an implementation plan for 
the Office of the Native American Business Development, as 
authorized by section 4(a)(1) of the Native American Business 
Development, Trade Promotion, and Tourism Act of 2000 (25 
U.S.C. 4303), within available funds.

        HERBERT C. HOOVER BUILDING RENOVATION AND MODERNIZATION




Fiscal Year 2008 enacted..............................        $3,722,000
Fiscal Year 2009 request..............................         7,367,000
Recommended in the bill...............................         7,367,000
Bill compared with:
    Fiscal Year 2008 enacted..........................        +3,645,000
    Fiscal Year 2009 request..........................  ................


    This account provides funding for the Commerce Department's 
expenses associated with the modernization of the Herbert C. 
Hoover Building (HCHB). The Committee recommendation includes 
$7,367,000 for costs associated with the renovation of the 
HCHB, which is the same as the request and $3,645,000 above 
fiscal year 2008.

                      OFFICE OF INSPECTOR GENERAL




Fiscal Year 2008 enacted..............................       $22,020,000
Fiscal Year 2009 request..............................        24,766,000
Recommended in the bill...............................        26,926,000
Bill compared with:
    Fiscal Year 2008 enacted..........................        +4,906,000
    Fiscal Year 2009 request..........................        +2,160,000


    The mission of the Office of Inspector General (OIG) is to 
provide a unique, independent voice to the Secretary and other 
senior Commerce managers, as well as to Congress, in combating 
fraud, waste, abuse and mismanagement, and in improving the 
efficiency, effectiveness and economy of Department operations. 
These funds provide for OIG's work conducting audits, 
inspections, and investigations. The Committee recommendation 
includes $26,926,000 for the OIG for fiscal year 2009, which is 
$4,906,000 above fiscal year 2008 and $2,160,000 above the 
request. The increased funding allows the OIG to handle the 
increasing workload of Census and satellite issues.

               General Provisions--Department of Commerce

    The Committee recommends the following general provisions 
for the Department of Commerce:
          Section 101 makes funds available for advanced 
        payments only upon certification of officials 
        designated by the Secretary that such payments are 
        considered to be in the public interest;
          Section 102 makes appropriations for the Department 
        for Salaries and Expenses available for hire of 
        passenger motor vehicles, for services, and for 
        uniforms and allowances as authorized by law;
          Section 103 provides the authority to transfer funds 
        between Department of Commerce appropriation accounts 
        and requiring notification to the Committee of certain 
        actions;
          Section 104 provides that any costs incurred by the 
        Department from personnel actions taken in response to 
        funding reductions shall be absorbed within the total 
        budgetary resources available to the Department and 
        shall be subject to the reprogramming limitations set 
        forth in this Act;
          Section 105 relates to the trademark of ``Last Best 
        Place'';
          Section 106 provides for a personnel demonstration 
        project;
          Section 107 provides for the prescribing and 
        enforcing of standards and regulations regarding 
        occupational diving; and
          Section 108 provides for the reimbursement for 
        services within Department of Commerce buildings.

                    TITLE II--DEPARTMENT OF JUSTICE


                         General Administration


                         SALARIES AND EXPENSES




Fiscal Year 2008 enacted..............................       $97,832,000
Fiscal Year 2009 request..............................       105,805,000
Recommended in the bill...............................       105,805,000
Bill compared with:
    Fiscal Year 2008 enacted..........................        +7,973,000
    Fiscal Year 2009 request..........................  ................


    General Administration (GA) supports the Attorney General 
(AG) and Department of Justice (DOJ) senior policy level 
officials in managing Department resources and developing 
policies for legal, law enforcement and criminal justice 
activities. GA also provides administrative support services to 
the legal divisions. Most GA offices have significant oversight 
responsibilities that shape DOJ policy and influence the way 
the Department works toward meeting each of its strategic 
goals. The GA account consists of three decision units: 
Department Leadership, Executive Support/Professional 
Responsibility and Justice Management Division. The Office of 
the AG is funded through the Department Leadership decision 
unit. For fiscal year 2009, the Committee recommends 
$105,805,000, which is equal to the budget request.
    Politicization of DOJ.--The Committee has concerns about 
continuing allegations that political considerations are being 
placed above the law in enforcement, prosecutorial and policy 
decisions at the Department. The Committee encourages the AG to 
address and resolve swiftly all alleged incidences of 
politicization so that there is no appearance of impropriety in 
DOJ operations.
    Materials in support of the annual budget request.--The 
Committee reiterates its displeasure that the Department of 
Justice was unable to submit to the Committee additional 
requested information in support of the Department's budget. 
The Department of Justice was the only agency under the 
Subcommittee's jurisdiction which was unable to respond fully 
to requests for information within the liberal time tables 
imposed by the Committee. These materials are needed to more 
fully analyze and justify the annual budget request and serve 
as a permanent record of the Committee's review of the annual 
budget proposal. The Committee directs the Department to take 
any action necessary to ensure that such delays do not occur in 
the fiscal year 2010 budget process.
    Office of Professional Responsibility (OPR) 
investigations.--The Committee commends the OPR for reviewing 
the Department's legal justifications for the Administration's 
interrogation techniques and warrantless wiretapping program. 
The Committee asks the Department to provide these reviews with 
all necessary support, including the provision of relevant 
documents and witnesses, and expects these investigations to be 
expeditiously pursued, even if the reviews need to continue 
after the current Administration is no longer in office.
    Resolution of disputes between components.--The Committee 
is concerned about continuing reports of jurisdictional turf 
battles between DOJ components, particularly the Federal Bureau 
of Investigation (FBI) and the Bureau of Alcohol, Tobacco, 
Firearms and Explosives (ATF). These disputes lead to 
unacceptable instances of waste, duplication and confusion, and 
they reflect negatively on the Department in the eyes of 
partner agencies and the public. The AG is urged to bring 
timely resolution to these disputes through the issuance of 
clear, definitive guidance on jurisdictional responsibilities 
and related issues. The Committee directs the AG to submit a 
report to the House and Senate Committees on Appropriations not 
later than 120 days after the enactment of this Act on the 
steps the Department has taken in order to reconcile these 
disputes and clarify the jurisdictional lines between FBI and 
ATF.
    Immigration workload.--The Committee is aware of the 
Department's continuing struggle to keep pace with the 
immigration workload that is initiated by activities of the 
Department of Homeland Security (DHS). For several years in a 
row, DOJ has been forced to redirect internal resources in 
order to provide necessary judicial support and basic care for 
the large numbers of aliens turned over to DOJ by DHS. The 
practical effect of these redirections has been cuts to non-
immigration programs at DOJ.
    The Committee would like to help DOJ meet the demand for 
its services, which would relieve significant pressure on non-
immigration programs, but the need has not been sufficiently 
quantified. In order to capture the size of DOJ's need, the 
Committee believes that a methodology is required to create 
defensible fiscal linkages between DHS activities and DOJ 
costs. The Department is directed to contract with the National 
Academy of Sciences (NAS) to develop, test and select a budget 
model that accurately captures these fiscal linkages and 
leverages them into an estimate of DOJ's immigration-related 
costs. The $1,000,000 necessary to perform this study shall be 
funded from the appropriated level for this account, and the 
resulting conclusions should be submitted to the House and 
Senate Committees on Appropriations upon completion, but not 
later than 20 months after the enactment of this Act.
    The Committee recognizes that this coordination with NAS 
will take time and the results will not be available during the 
fiscal year 2009 budget development process. In the meantime, 
the Committee has recommended $83,028,000 of the Department's 
pending multi-component southwest border request and will 
consider reprogrammings, as necessary, to allow DOJ to continue 
addressing the ``downstream'' costs of immigration-related 
programs that have been initiated by DHS.
    Justice Management Division rent estimates.--The Committee 
remains frustrated by the lack of accuracy in the Department's 
rent and facilities requests. The estimates produced by the 
Justice Management Division are frequently incorrect, sometimes 
by tens of millions of dollars. Every dollar unnecessarily 
allocated for rent is a dollar that the Committee is unable to 
appropriate for critical needs in other areas. The Committee 
urges the Department to continue making improvements in its 
facilities and rent management system in order to improve the 
accuracy of future requests.
    International drug gangs.--No later than one year after the 
enactment of this Act, the Attorney General, in consultation 
with the Secretary of Homeland Security, shall submit to the 
House and Senate Committees on Appropriations a report, in both 
classified and unclassified form, identifying the three 
international drug gangs that present the greatest threat to 
law and order in the United States; describing the composition, 
operations, strengths and weaknesses of each of these gangs; 
and setting forth a national strategy to eliminate within four 
years the illegal operations of each identified gang.
    In choosing the three gangs to be included, which will be 
designated as ``National Threat Drug Gangs,'' the Attorney 
General shall consider the extent to which the gang conducts 
activities with any international terrorist organization or 
state designated by the Secretary of State as a sponsor of 
terrorism; the volume of controlled substances that the gang 
imports to or distributes within the United States; and the 
extent to which the gang is a threat to children and schools 
within the United States.

                 JUSTICE INFORMATION SHARING TECHNOLOGY




Fiscal Year 2008 enacted..............................       $85,540,000
Fiscal Year 2009 request..............................        93,868,000
Recommended in the bill...............................        93,868,000
Bill compared with:
    Fiscal Year 2008 enacted..........................        +8,328,000
    Fiscal Year 2009 request..........................  ................


    The Justice Information Sharing Technology (JIST) fund was 
established in fiscal year 2006 to provide for corporate 
investments in information technology (IT). As a centralized 
fund under the control of the DOJ Chief Information Officer, it 
ensures that investments in information sharing technology and 
infrastructure are well planned and aligned with DOJ's overall 
IT strategy and enterprise architecture. For fiscal year 2009, 
the Committee recommends $93,868,000, which is equal to the 
budget request.
    Cyber security.--The Committee notes that the 
Administration has chosen not to request new cyber security 
funds for JIST in spite of the imposition of significant new 
Office of Management and Budget mandates in this area. No later 
than 60 days after the enactment of this Act, the Department is 
directed to report to the House and Senate Committees on 
Appropriations on expected cyber security costs in the JIST 
account for fiscal year 2009 and the Department's plan for 
covering these costs without additional appropriated resources.
    Unified Financial Management System (UFMS).--The Committee 
has provided the requested level of funding for UFMS. This 
level should enable the Department to continue planning and 
implementation efforts for the expansion of UFMS to additional 
DOJ components. However, the Committee will be closely 
monitoring the live deployment of UFMS at the Drug Enforcement 
Administration (DEA), and support for DOJ's planned UFMS 
reprogramming in fiscal year 2009 will be contingent on 
appropriate standards of success being met at DEA. Some 
standards of interest to the Committee include the number and 
percent of DEA's transactions processed on UFMS, users 
transitioned to UFMS and processes being run through UFMS. The 
Committee is also interested in the resources (dollars and 
workhours) that DEA contributed to deploy the system on top of 
the resources provided by DOJ through the UFMS project office.

            TACTICAL LAW ENFORCEMENT WIRELESS COMMUNICATIONS




Fiscal Year 2008 enacted..............................       $74,260,000
Fiscal Year 2009 request..............................       121,651,000
Recommended in the bill...............................       185,000,000
Bill compared with:
    Fiscal Year 2008 enacted..........................      +110,740,000
    Fiscal Year 2009 request..........................       +63,349,000


    The mission of Tactical Law Enforcement Wireless 
Communications is to provide secure, interoperable and reliable 
wireless communication services required by DOJ's law 
enforcement components and all Federal agents and officers 
engaged in the conduct of law enforcement, protective services, 
homeland defense and disaster response missions. This account 
funds component legacy network requirements, operations of the 
Wireless Management Office and the acquisition of new equipment 
and services. For fiscal year 2009, the Committee recommends 
$185,000,000, which is $63,349,000 more than the budget 
request.
    Integrated Wireless Network.--One of the most important 
lessons learned from the 9/11 terrorist attacks was the 
critical need for secure, interoperable communication networks 
for law enforcement agents and other first responders. More 
than 6 years after those attacks, however, the Department still 
lacks the necessary infrastructure and equipment to deploy such 
a network for its personnel. The Committee is concerned that 
the Administration's request for this account does not 
sufficiently address the Department's communications 
deficiencies and will merely contribute to the ongoing delays 
in the nationwide deployment of the Integrated Wireless Network 
(IWN) solution. Accordingly, the Committee recommends a total 
of $88,249,000 for IWN and directs the Department to use these 
funds for accelerated IWN deployment in high priority 
metropolitan regions. The Committee urges the Department to 
take all necessary steps to further speed the deployment of IWN 
to other major metropolitan areas across the nation.

                   Administrative Review and Appeals





Fiscal Year 2008 enacted\1\...........................      $232,649,000
Fiscal Year 2009 request..............................       263,791,000
Recommended in the bill...............................       268,791,000
Bill compared with:
    Fiscal Year 2008 enacted..........................       +36,142,000
    Fiscal Year 2009 request..........................       +5,000,000

\1\Excludes $8,000,000 in emergency funding.

    This appropriation supports the Executive Office of 
Immigration Review and the Office of the Pardon Attorney.
    The mission of the Executive Office of Immigration Review 
(EOIR) is to provide the timely and uniform interpretation and 
application of immigration law, ensuring due process and fair 
treatment for all parties involved. EOIR includes the Board of 
Immigration Appeals, Immigration Judges, and Administrative Law 
Judges who decide through administrative hearings whether to 
admit or exclude aliens seeking to enter the country, and 
whether to deport or adjust the status of aliens whose status 
has been challenged.
    The Office of the Pardon Attorney receives, investigates, 
and considers petitions for all forms of executive clemency.
    For fiscal year 2009, the Committee recommends $266,404,000 
for EOIR, which is $36,142,000 over the fiscal year 2008 
enacted level and $5,000,000 over the budget request. Within 
funds provided, $5,000,000 is made available to hire new 
immigration judges and additional support personnel to address 
a growing immigration caseload. The appropriation is offset by 
$4,000,000 in fees that are collected by DHS and transferred to 
EOIR. Within funds provided, $10,000,000 is made available, as 
requested, for EOIR's implementation and maintenance of a 
digital audio recording system and the Immigration Review 
Information Exchange System to ensure accurate records of 
immigration proceedings.
    Legal Orientation Program (LOP).--Within funds provided in 
this bill and in fiscal year 2008, EOIR is expected to continue 
to support the LOP in order to improve judicial efficiency and 
to assist all parties involved in detained removal proceedings.
    Immigration court reforms.--Within 30 days of enactment of 
this Act, the Department is directed to report to the House and 
Senate Committees on Appropriations on the implementation 
status of the 22 reform measures to improve the efficiency of 
immigration court that were identified by the AG in August, 
2006.
    Competency evaluation standards.--EOIR is encouraged to 
work with experts and interested parties in developing 
standards and materials for immigration judges to use in 
conducting competency evaluations of persons appearing before 
the courts.
    The Committee recommends $2,387,000 for the Office of 
Pardon Attorney to support a total of 15 permanent positions 
and 15 FTE.

                           Detention Trustee





Fiscal Year 2008 enacted..............................    $1,225,920,000
Fiscal Year 2009 request..............................     1,295,319,000
Recommended in the bill...............................     1,289,053,000
Bill compared with:
    Fiscal Year 2008 enacted..........................       +63,133,000
    Fiscal Year 2009 request..........................        -6,266,000


    The Detention Trustee leads the development of DOJ 
detention policy and manages Federal detention resources with 
the goal of maximizing available detention space and containing 
costs associated with the detention of criminal defendants and 
aliens awaiting adjudication and/or removal from the United 
States. For fiscal year 2009, the Committee recommends 
$1,289,053,000, which is $6,266,000 less than the budget 
request.
    Efficiency reduction.--The Committee is uncomfortable with 
OFDT's asserted ability to absorb a $53,734,000 efficiency 
reduction in 2009. OFDT's budget justification materials do not 
provide specific, quantifiable indications of how a reduction 
of this size will be managed, and the simultaneous inclusion of 
a $60,000,000 base adjustment further suggests that the 
efficiency reduction is not realistically achievable. The 
Committee is frustrated with the lack of transparency in this 
portion of OFDT's request and has chosen to disregard both the 
efficiency reduction and the counterbalancing base adjustment 
in its recommendation.
    Immigration workload.--The Committee recommendation meets 
OFDT's request for $37,570,000 to provide additional bed space 
for detainees generated by immigration-related activity along 
the southwest border. As noted earlier in this report, the 
Committee would like to ensure that DOJ is not further burdened 
by the need to absorb ``downstream'' costs of immigration 
activities, but additional budgetary information is needed. 
OFDT is encouraged to work with the Department and the National 
Academy of Sciences on the development of a reliable 
methodology for estimating DOJ's detention costs related to 
immigration activities.

                      Office of Inspector General





Fiscal Year 2008 enacted..............................       $70,603,000
Fiscal Year 2009 request..............................        75,681,000
Recommended in the bill...............................        75,681,000
Bill compared with:
    Fiscal Year 2008 enacted..........................        +5,078,000
    Fiscal Year 2009 request..........................  ................


    The Office of Inspector General conducts independent 
investigations, audits, inspections, and special reviews of DOJ 
personnel and programs to detect and deter waste, fraud, abuse, 
and misconduct, and to promote integrity, economy, efficiency, 
and effectiveness in DOJ operations. The Committee recommends 
$75,681,000 for the Office of Inspector General, which is 
$5,078,000 above the fiscal year 2008 enacted level and the 
same as the budget request.
    The Committee commends the Inspector General's continuing 
oversight of the FBI's use of National Security Letters and 
PATRIOT Act Section 215 orders to obtain business records. The 
Committee expects the Inspector General to use available 
funding to continue its assessment of the FBI's progress in 
implementing corrective actions in these areas.
    Within funds provided, the Inspector General is expected to 
continue its review of the FBI's development and implementation 
of the Sentinel case management system, and assess whether 
cost, schedule, performance and technical benchmarks are being 
met and whether the FBI has resolved concerns identified in its 
previous audits.
    The Committee looks forward to receiving the findings of 
the Inspector General regarding the firings of several U.S. 
Attorneys in 2006. The Inspector General is expected to 
investigate allegations of misconduct and make recommendations 
for corrective actions where appropriate.

                    United States Parole Commission


                         SALARIES AND EXPENSES




Fiscal Year 2008 enacted..............................       $11,462,000
Fiscal Year 2009 request..............................        12,570,000
Recommended in the bill...............................        12,570,000
Bill compared with:
    Fiscal Year 2008 enacted..........................        +1,108,000
    Fiscal Year 2009 request..........................  ................


    The United States Parole Commission is an independent body 
within DOJ that makes decisions regarding requests for parole 
of Federal offenders and certain District of Columbia Code 
offenders. The Committee recommends $12,570,000 for the United 
States Parole Commission, which is $1,108,000 above fiscal year 
2008 enacted level and equal to the request.

                            Legal Activities


            SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES




Fiscal Year 2008 enacted\1\...........................      $735,549,000
Fiscal Year 2009 request..............................       804,007,000
Recommended in the bill...............................       804,007,000
Bill compared with:
    Fiscal Year 2008 enacted..........................       +68,458,000
    Fiscal Year 2009 request..........................  ................

\1\Excludes $10,000,000 in FY08 emergency funding.

    This appropriation supports the establishment of litigation 
policy, conduct of litigation, and other legal responsibilities 
of the Department of Justice through the Office of the 
Solicitor General, the Tax Division, the Criminal Division, the 
Civil Division, the Environmental and Natural Resources 
Division, the Civil Rights Division, the Office of Legal 
Counsel, and Interpol-U.S. National Central Bureau. The 
Committee recommends a total of $804,007,000 for General Legal 
Activities, which is $68,458,000 above the fiscal year 2008 
enacted level and equal to the budget request.
    The funding is provided as follows:




Solicitor General.....................................       $10,440,000
Tax Division..........................................       101,016,000
Criminal Division.....................................       164,061,000
Civil Division........................................       270,431,000
Environment and Natural Resources.....................       103,093,000
Office of Legal Counsel...............................         6,693,000
Civil Rights Division.................................       123,151,000
INTERPOL-USNCB........................................        24,548,000
Office of Dispute Resolution..........................           574,000
                                                       -----------------
    Total.............................................       804,007,000


    In addition to inflationary and other base adjustments for 
the divisions within this account, the recommendation includes 
a programmatic increase of $289,000 and one FTE for the 
Criminal Division, as requested, for Southwest Border 
enforcement.
    Federal Observer Program.--The Committee approves the 
budget request to reimburse the Office of Personnel Management 
for the costs of the Federal Observer Program, which places 
election monitors in jurisdictions where the Attorney General 
certifies or a Federal judge orders that they are necessary to 
ensure free and fair elections. The bill also makes available 
$3,390,000 until expended for this purpose.
    Budget display.--In the interest of transparency, the 
Committee rejects the Administration's proposal to consolidate 
the decision units of each division for budgeting purposes. 
Future budget requests should show the separate activities of 
each division by the current decision units.

                 VACCINE INJURY COMPENSATION TRUST FUND




Fiscal Year 2008 enacted..............................        $6,833,000
Fiscal Year 2009 request..............................         7,833,000
Recommended in the bill...............................         7,833,000
Bill compared with:
    Fiscal Year 2008 enacted..........................        +1,000,000
    Fiscal Year 2009 request..........................  ................


    The Vaccine Injury Compensation Trust Fund covers the 
Department of Justice's expenses associated with litigating 
cases under the National Childhood Vaccine Injury Act of 1986. 
The Committee recommends $7,833,000 for the Vaccine Injury 
Compensation Trust Fund, the same as the budget request and 
$1,000,000 above the fiscal year 2008 enacted level.

                           Antitrust Division


                         SALARIES AND EXPENSES




Fiscal Year 2008 enacted..............................      $147,819,000
Offsetting Fee Collections............................      -139,000,000
Direct Appropriation..................................         8,819,000
  ....................................................
Fiscal Year 2009 request..............................       150,591,000
Offsetting Fee Collections............................      -150,591,000
Direct Appropriation..................................  ................
  ....................................................
Recommended in the bill...............................       157,788,000
Offsetting Fee Collections............................      -157,788,000
Direct Appropriation..................................  ................
  ....................................................
Bill compared with:
    Fiscal Year 2008 enacted..........................        +9,969,000
    Fiscal Year 2009 request..........................        +7,197,000


    The Antitrust Division investigates potential violations of 
Federal antitrust laws, represents the interests of the United 
States in cases brought under these laws, acts on antitrust 
cases before the Supreme Court, and reviews decisions of 
regulatory commissions relating to antitrust law. 
Appropriations for the Antitrust Division are offset by Hart-
Scott-Rodino Act pre-merger filing fee collections.
    The Committee recommends $157,788,000 in budget authority 
for the Antitrust Division, $9,969,000 above fiscal year 2008 
enacted level and $7,197,000 over the budget request, which is 
provided to lift the hiring freeze imposed during fiscal year 
2008. This appropriation is offset by $157,788,000 in pre-
merger filing fee collections, resulting in a direct 
appropriation of $0.
    Budget display.--In the interest of transparency, the 
Committee rejects the Administration's proposal to consolidate 
the decision units of the Antitrust Division for budgeting 
purposes. Future budget requests should show the separate 
activities of the current decision units.

                        United States Attorneys


                         SALARIES AND EXPENSES




Fiscal Year 2008 enacted\1\...........................    $1,747,822,000
Fiscal Year 2009 request..............................     1,831,336,000
Recommended in the bill...............................     1,836,336,000
Bill compared with:
    Fiscal Year 2008 enacted..........................       +88,514,000
    Fiscal Year 2009 request..........................       +5,000,000

\1\Excludes $7,000,000 in emergency funding.

    This appropriation supports the Executive Office for United 
States Attorneys (EOUSA) and the 94 United States Attorney 
Offices, which serve as the principal litigators for the U.S. 
Government for criminal, civil, and debt collection matters.
    The Committee recommends $1,836,336,000 for the United 
States Attorneys (USA), which is $88,514,000 above the fiscal 
year 2008 enacted level and $5,000,000 over the budget request.
    Child exploitation investigations and prosecutions.--The 
additional $5,000,000 above the budget request is made 
available to support the hiring of additional assistant USAs to 
increase investigations and prosecutions of offenses related to 
the sexual exploitation of children, as authorized by the Adam 
Walsh Child Protection and Safety Act of 2006. The Committee 
expects that not less than $33,600,000 shall be available for 
this purpose in fiscal year 2009.
    Southwest border enforcement.--Within funds provided, the 
Committee approves the programmatic request of $8,400,000 and 
83 positions to strengthen prosecutions of criminal 
enterprises, including human and drug smuggling, along the 
southwest border.
    Prosecution of serious crimes in Indian Country.--The 
Committee is concerned about coordination between USAs and 
tribal governments in the prosecution of serious crimes in 
Indian Country. The EOUSA is directed to report to the House 
and Senate Committees on Appropriations, within 60 days of 
enactment of this Act, on the prosecution of serious crimes in 
Indian Country, including murder and rape, which are reported 
to Federal law enforcement.
    Ethical and professional standards.--Justice rooted in law, 
not in politics or favor, is a founding principle of our 
Nation. U.S. Attorneys are vested with enormous power, and it 
is their sworn duty to enforce the laws of this country fairly 
and impartially. Even the hint of political bias in the 
performance of these duties is a violation of their oath and 
the American people's trust, which cannot and must not be 
tolerated.
    The Committee continues to be deeply troubled by examples 
and allegations of political interference by the Administration 
in the work of the Justice Department, including within the 
U.S. Attorneys offices. Of particular note if the reckless 
prosecution by the U.S. Attorney for the Eastern District of 
Wisconsin of a State government employee in 2006, which an 
appellate court vigorously condemned and summarily overturned, 
ordering the immediate release of the defendant. From the 
bench, one of the judges told the prosecutors that ``your 
evidence is beyond thin.''
    The Committee expects all employees of the Justice 
Department to uphold the highest standards of ethical and 
professional conduct. The Attorney General is directed, within 
30 days of enactment of this Act, to report to the House and 
Senate Committees on Appropriations on the resolution of 
allegations of impropriety by U.S. Attorneys. The Committee 
directs the Inspector General (OIG) and the Office of 
Professional Responsibility to coordinate their efforts in 
reviewing claims of misconduct and wrongdoing, and to report to 
the Committees within 60 days of enactment of this Act on their 
findings and recommendations. Further, the Committee awaits the 
OIG report on its review of the firings of several U.S. 
Attorneys in 2006.

                   UNITED STATES TRUSTEE SYSTEM FUND




Fiscal Year 2008 enacted..............................      $209,763,000
Offsetting Fee Collections............................      -184,000,000
Interest on U.S. Securities...........................        -5,000,000
Prior Year Unobligated Balances.......................       -20,000,000
Direct Appropriation..................................           763,000
  ....................................................
Fiscal Year 2009 request..............................       217,416,000
Offsetting Fee Collections............................      -160,000,000
Interest on U.S. Securities...........................        -5,000,000
Direct Appropriation..................................        52,416,000
  ....................................................
Recommended in the bill...............................       217,416,000
Offsetting Fee Collections............................      -160,000,000
Interest on U.S. Securities...........................        -5,000,000
Direct Appropriation..................................        52,416,000
Bill compared with:
    Fiscal Year 2008 enacted..........................       +51,653,000
    Fiscal Year 2009 request..........................  ................


    The mission of the United States Trustee Program (USTP) is 
to promote integrity and efficiency in the Nation's bankruptcy 
system by enforcing bankruptcy laws, and providing oversight of 
private trustees. To carry out its duties, the USTP is 
organized into three levels: The Executive Office for United 
States Trustees in Washington, DC; United States Trustees in 21 
regions whose geographic jurisdiction is established by 
statute; and 95 field offices, which cover 150 court sites and 
280 other administrative hearing locations. The Committee 
recommends $217,416,000 for the USTP, which is $51,653,000 over 
the fiscal year 2008 enacted level and equal to the budget 
request. The appropriation is offset by $160,000,000 in 
offsetting fee collections and $5,000,000 derived from interest 
on investments in U.S. securities, resulting in a direct 
appropriation of $52,416,000.

                  FOREIGN CLAIMS SETTLEMENT COMMISSION

                         SALARIES AND EXPENSES




Fiscal Year 2008 enacted..............................        $1,606,000
Fiscal Year 2009 request..............................         1,823,000
Recommended in the bill...............................         1,823,000
Bill compared with:
    Fiscal Year 2008 enacted..........................          +217,000
    Fiscal Year 2009 request..........................  ................


    The mission of the Foreign Claims Settlement Commission is 
to protect the property rights of U.S. citizens abroad and 
promote the international rule of law through adjudication of 
claims by United States citizens against foreign governments. 
The Committee recommends $1,823,000 for the Foreign Claims 
Settlement Commission, which is $217,000 over the fiscal year 
2008 enacted level and equal to the budget request.

                     FEES AND EXPENSES OF WITNESSES




Fiscal Year 2008 enacted..............................      $168,300,000
Fiscal Year 2009 request..............................       168,300,000
Recommended in the bill...............................       168,300,000
Bill compared with:
    Fiscal Year 2008 enacted..........................  ................
    Fiscal Year 2009 request..........................  ................


    This appropriation, which is considered mandatory for 
scorekeeping purposes, provides for fees and expenses of 
witnesses who appear on behalf of the Government in cases in 
which the United States is a party. Eligible expenses include 
fees for fact and expert witnesses, mental competency 
examinations and witness and informant protection. For fiscal 
year 2009, the Committee recommends $168,300,000, which is 
equal to the budget request.

                      COMMUNITY RELATIONS SERVICE

                         SALARIES AND EXPENSES




Fiscal Year 2008 enacted..............................        $9,794,000
Fiscal Year 2009 request..............................         9,873,000
Recommended in the bill...............................         9,873,000
Bill compared with:
    Fiscal Year 2008 enacted..........................           +79,000
    Fiscal Year 2009 request..........................  ................


    The Community Relations Service was established by Title X 
of the Civil Rights Act of 1964 to provide assistance to 
communities in resolving disagreements arising from 
discriminatory practices.
    The Committee recommends $9,873,000 for the Community 
Relations Service, which is $79,000 over the fiscal year 2008 
enacted level and equal to the budget request.

                         ASSETS FORFEITURE FUND




Fiscal Year 2008 enacted..............................       $20,990,000
Fiscal Year 2009 request..............................        20,990,000
Recommended in the bill...............................        20,990,000
Bill compared with:
    Fiscal Year 2008 enacted..........................  ................
    Fiscal Year 2009 request..........................  ................


    The Assets Forfeiture Fund (AFF) provides funds for 
qualifying investigative expenses of federal law enforcement 
agencies and their state or local partners. Funds for these 
activities are provided from receipts in the AFF resulting from 
the forfeiture of assets. Expenses related to the management 
and disposal of the assets are also provided from receipts in 
the AFF by a permanent indefinite appropriation. For fiscal 
year 2009, the Committee recommends $20,990,000, which is equal 
to the budget request.

                     United States Marshals Service


                         SALARIES AND EXPENSES




Fiscal Year 2008 enacted\1\...........................      $849,219,000
Fiscal Year 2009 request\2\...........................       933,117,000
Recommended in the bill...............................       936,313,000
Bill compared with:
    Fiscal Year 2008 enacted..........................       +87,094,000
    Fiscal Year 2009 request..........................       +3,196,000

\1\Excludes $15,000,000 in emergency funding.
\2\Includes $2,304,000 for construction.

    Established in 1789, the United States Marshals Service 
(USMS) is the enforcement arm of the Federal courts. The USMS 
is responsible for providing physical security to Federal 
judges and U.S. courthouses; protecting witnesses, jurors and 
members of the public; safely and humanely transporting and 
detaining Federal prisoners; and apprehending fugitives. The 
USMS has 94 district offices, corresponding with the 93 
judicial districts and the D.C. Superior Court. For fiscal year 
2009, the Committee recommends $936,313,000, an increase of 
$3,196,000 over the budget request ($5,500,000 over the budget 
request after excluding construction funding).
    Balance between missions.--The Committee understands that 
the Marshals have significant responsibilities relating to 
immigration enforcement, which is the focus of the 
Administration's budget request. However, the Marshals have 
substantial mandates in other areas where workload is 
increasing, resources are decreasing and no other agencies have 
the appropriate authority to fill the resulting gap in 
services. Accordingly, the Committee has tried to restore a 
better sense of balance to the 2009 Marshals budget by 
including initiatives in these other high priority mission 
areas, including sex offender apprehension and judicial 
security.
    Immigration workload.--The Committee recommends 
$12,746,000, as requested, to help the Marshals address the 
escalating immigration-related workload along the Southwest 
border. As noted earlier in this report, the Committee would 
like to ensure that DOJ is not further burdened by the need to 
absorb ``downstream'' costs of DHS immigration activities, but 
additional budgetary information is needed. The Marshals 
Service is encouraged to work with the Department and the 
National Academy of Sciences on the development of a reliable 
methodology for estimating DOJ's costs related to immigration 
activities.
    Adam Walsh enforcement.--The Committee is disappointed that 
the Administration did not request funds for the Marshals to 
execute their responsibilities under the Adam Walsh Child 
Safety and Protection Act. Although this legislation was passed 
in 2006, the Marshals still have no significant resources 
dedicated to addressing an estimated caseload of 100,000 
noncompliant sex offenders. In response to this problem, the 
Committee expects the Marshals to fund Adam Walsh enforcement 
activities with funds that were included in P.L. 110-252; these 
funds will remain available for use throughout fiscal year 
2009. In addition, the Committee recommends $1,500,000 in this 
Act to improve sex offender targeting through the National Sex 
Offender Targeting Center and related efforts. Together, these 
appropriations will provide the Marshals with $18,470,000 
available for Adam Walsh enforcement activities in 2009. The 
Committee expects the Marshals Service to request a full 
annualization of both of these initiatives in its fiscal year 
2010 budget request.
    Judicial threat investigations.--The Marshals recently 
reported that 2008 is on pace to record the highest annual 
number of judicial threats and inappropriate communications to 
date. The Committee is concerned that the escalating threat 
workload is outpacing the Marshals' ability to address that 
workload and that members of the judiciary are being exposed to 
unnecessary risk as a result. Accordingly, the Committee 
recommends $4,000,000 to strengthen the Marshals' ability to 
analyze and investigate threats against the judiciary.
    Courthouse construction funding.--The Committee does not 
agree with the proposed consolidation of the Salaries and 
Expenses and Construction accounts. Funding for construction 
activities is provided under the Construction heading discussed 
below.

                              CONSTRUCTION




Fiscal Year 2008 enacted..............................        $2,304,000
Fiscal Year 2009 request..............................             (\1\)
Recommended in the bill...............................         4,000,000
Bill compared with:
    Fiscal Year 2008 enacted..........................        +1,696,000
    Fiscal Year 2009 request\1\.......................       +4,000,000

\1\The FY 2009 President's Budget includes $2,304,000 for construction
  within the United States Marshals Service Salaries and Expenses
  request.

    This appropriation provides funds for construction and 
related expenses in space controlled, occupied or utilized by 
the Marshals Service for prisoner holding and related support. 
For fiscal year 2009, the Committee recommends $4,000,000, 
which is $1,696,000 higher than the amount requested under the 
Salaries and Expenses account. The Committee expects these 
funds to be applied to the highest priority renovation projects 
identified by the Marshals.

                       National Security Division


                         SALARIES AND EXPENSES




Fiscal Year 2008 enacted..............................       $73,373,000
Fiscal Year 2009 request..............................        83,789,000
Recommended in the bill...............................        83,789,000
Bill compared with:
    Fiscal Year 2008 enacted..........................       +10,416,000
    Fiscal Year 2009 request..........................  ................


    The mission of the National Security Division (NSD) is to 
coordinate the Department's efforts in carrying out its core 
mission of combating terrorism and protecting national 
security. For fiscal year 2009, the Committee recommends 
$83,789,000, which is equal to the budget request.
    Foreign Intelligence Surveillance Act (FISA) backlog.--
According to data recently submitted by the Department, NSD is 
processing over 2,200 FISAs per year with only 100 attorneys. 
This has led to the creation of a backlog among non-emergency 
FISA requests. The Committee directs NSD to submit a report on 
the trend in FISA backlog numbers over the past 5 fiscal years 
and NSD's plan for addressing the backlog, beginning in fiscal 
year 2009. The report shall be submitted to the House and 
Senate Committees on Appropriations no later than 60 days after 
the enactment of this Act.
    Intelligence oversight.--The Committee commends NSD for its 
proactive oversight activities aimed at the FBI's use of 
National Security Letters (NSLs) and other authorities. The 
Committee understands that NSD has planned 18 National Security 
Reviews of FBI investigative and intelligence activity in 
fiscal year 2009 and expects to be informed of any significant 
deviations from this plan.
    Foreign investment reviews.--The Committee is concerned 
that NSD does not have sufficient dedicated resources to review 
adequately foreign investment proposals in the United States. 
The Committee directs NSD to submit a report on the Division's 
foreign investment review workload and the Division's ability 
to address adequately this workload with the resources 
available under this Act. The report shall be submitted to the 
House and Senate Committees on Appropriations no later than 60 
days after the enactment of this Act.

                      Interagency Law Enforcement


                 INTERAGENCY CRIME AND DRUG ENFORCEMENT




Fiscal Year 2008 enacted..............................      $497,935,000
Fiscal Year 2009 request..............................       531,581,000
Recommended in the bill...............................       521,938,000
Bill compared with:
    Fiscal Year 2008 enacted..........................       +24,003,000
    Fiscal Year 2009 request..........................        -9,643,000


    The Interagency Crime and Drug Enforcement (ICDE) account 
seeks to combine the investigative and prosecutorial resources 
of the Department to bring down the ``worst of the worst'' in 
multinational drug trafficking organizations. The interagency 
program of the Organized Crime Drug Enforcement Task Forces 
(OCDETF) focuses participants on the mission of attacking high-
level organizations through coordinated, multi-jurisdictional 
investigations. For fiscal year 2009, the Committee recommends 
$521,938,000, a decrease of $9,643,000 from the budget request. 
The decrease reflects the Committee's intention to focus new 
program initiatives for the Marshals Service, U.S. Attorneys 
and DEA within those accounts rather than within the OCDETF 
structure.

                    Federal Bureau of Investigation


                         SALARIES AND EXPENSES




Fiscal Year 2008 enacted\1\...........................    $6,349,950,000
Fiscal Year 2009 request..............................     7,065,100,000
Recommended in the bill...............................     7,065,100,000
Bill compared with:
    Fiscal Year 2008 enacted..........................      +715,150,000
    Fiscal Year 2009 request..........................  ................

\1\Excludes $143,539,000 in emergency funding.

    The mission of the FBI is to protect and defend the United 
States against terrorism and foreign intelligence threats; to 
uphold and enforce the criminal laws of the United States; and 
to provide leadership and criminal justice services to federal, 
state, municipal and international agencies and partners. For 
fiscal year 2009, the Committee recommends $7,065,100,000, 
which is equal to the budget request.
    Program changes.--The Committee recommendation provides 
most of the program changes requested by the Administration, 
with the following deviations:




Requested Program Changes.............................      $437,615,000
Recommended Adjustments:
    Deployment aircraft...............................       -20,040,000
    National Security Analysis Center.................       -10,777,000
    Pay modernization.................................        -9,076,000
    Intellectual property enforcement.................        +8,000,000
    Retention/relocation funding......................        +8,893,000
    Mortgage fraud investigations.....................       +10,000,000
    Contracting fraud investigations..................        +3,000,000
    Child exploitation enforcement....................       +10,000,000
                                                       -----------------
        Total Program Changes.........................       437,615,000


    The net impact of these deviations on the FBI's total 
program enhancement number is zero.
    Deployment aircraft.--The Committee recommends a reduction 
of $20,040,000 to the Response to a WMD Incident request. These 
funds were intended to cover the fiscal year 2009 costs of an 
emergency deployment aircraft lease, but the costs of that 
lease were included in P.L. 110-252.
    National Security Analysis Center (NSAC).--The Committee 
does not recommend any additional funding for the FBI's ongoing 
NSAC project. The Committee notes that the FBI plans to use 
``predictive models and patterns of behavior'' to identify 
suspicious individuals, but it is unclear how the Bureau 
intends to define these predictive models in such a way as to 
avoid needless intrusions into the privacy of innocent citizens 
(and needless expenditures of agent time and energy chasing 
down false leads). Documentation, such as the Exhibit 300, a 
System of Records Notice, or Privacy Impact Assessment, is not 
available or not sufficiently updated to allay the Committee's 
concerns about privacy and civil liberties. In addition, the 
Congress has been given very little in terms of a concept of 
operations or other implementation plan to indicate that the 
appropriate planning has taken place and the appropriate 
progress has been made to warrant an additional investment in 
this program.
    Pay modernization.--The Committee recommendation does not 
include the requested $9,076,000 for pay modernization. Based 
on experiences at the Departments of Defense and Homeland 
Security, the Committee has significant reservations about the 
merits and fairness of this brand of pay banding system and has 
not seen sufficient evidence that the system's weaknesses have 
been adequately addressed. In addition, the request does not 
explain how the FBI intends to implement an Intelligence 
Community-driven evaluation and compensation system within an 
organization with significant resources outside of the 
Intelligence Community.
    Intellectual property enforcement.-- The Committee 
recommendation provides $8,000,000 for additional agents, 
dedicated solely to investigating criminal intellectual 
property rights (IPR) cases, in the same localities of the 
Department's Computer Hacking and Intellectual Property (CHIP) 
units. While FBI Special Agents currently work closely with 
CHIP Attorneys to investigate computer crime and IPR cases, the 
Committee believes that it is necessary to provide for 
additional agents whose sole purpose is to work on IPR 
investigations. The Committee recommends the addition of two 
agents in each of the field offices in the same locality as 
those CHIP units which the Attorney General has determined most 
merit assistance in IPR investigations, but no less than 26 
agents shall be assigned for this purpose.
    The recommendation also provides for the creation of an 
additional and distinct operational unit at FBI Headquarters 
with at least 5 full-time, permanent agents, dedicated to 
working with the Department of Justice's Computer Crime and 
Intellectual Property Section (CCIPS), but solely on complex, 
multi-district and international criminal IPR cases. The agents 
appropriated for this section shall solely investigate and 
support the criminal prosecution of federal intellectual 
property laws, including Title 17 United States Code, sections 
506 and 1204; Title 18 U.S. Code, sections 1831, 1832, 2318, 
2319, 2319A, 2319B, and 2320.
    Retention and relocation.--The Committee has seen a long 
string of reports indicating that the Bureau continues to 
experience staffing difficulties in a number of high priority 
position categories and organizational units, particularly 
within FBI Headquarters. The Bureau has taken a number of steps 
to address these staffing difficulties, but the Committee 
believes that additional retention and relocation funding is 
necessary to aid these other efforts. Accordingly, the 
Committee recommends $8,893,000 in additional funding for use 
under the FBI's existing retention and relocation authorities, 
which remain in effect through December 31, 2009. This funding 
may also be used by the Bureau to ameliorate the impact on 
affected agents of the Field Office Supervisory Term Limit 
Policy under an agreement reached with the FBI Agents 
Association.
    Mortgage fraud investigations.--By most industry and law 
enforcement measures, mortgage fraud has been consistently 
rising for the past several years. Recent estimates suggest 
that annual mortgage fraud losses are now between $4 and $6 
billion. These losses negatively impact financial institutions, 
other lenders, homeowners and homebuyers. The Committee is 
concerned that the FBI does not have sufficient resources to 
address its caseload in this area, which has increased by more 
than 55 percent since 2003. The $10,000,000 provided in the 
Committee's recommendation will allow the FBI to dedicate 
additional agents to mortgage fraud investigations and add to 
the existing mortgage fraud task forces and working groups.
    Contracting fraud.--The Committee recommends $3,000,000 to 
fund the continuing investigation of potential fraud 
perpetrated by private businesses on contract to the Federal 
government. The Committee intends for the FBI to focus its 
investigations primarily on allegations of fraud committed by 
contractors involved in the planning, execution and support of 
ongoing military operations in Iraq and Afghanistan. These 
resources are in addition to funds that were included in P.L. 
110-252, making a total of $8,000,000 available in 2009 for 
contracting fraud investigations.
    Child exploitation investigations.--The FBI operates 
several programs aimed at preventing and addressing various 
forms of child exploitation, including child pornography and 
child prostitution. Despite the importance of these programs, 
they have been neglected in the budget request, along with many 
other traditional criminal enforcement activities. Therefore, 
the Committee recommends $10,000,000 to improve and expand the 
FBI's investigative capabilities in child exploitation cases.
    Foreign intelligence collection.-- It has historically been 
beyond the scope of the FBI's responsibilities to collect 
information on foreign entities that are not tied to an FBI 
case. Although the FBI has authority to collect this 
intelligence and has been asked by the Office of the Director 
of National Intelligence to do so, the Committee is concerned 
that this new tasking may dilute the FBI's primary missions. 
The Committee is also unsure of how the FBI's new focus on 
foreign intelligence collection will be coordinated with other 
agencies whose missions have always included foreign 
intelligence activities. The FBI is directed to report to the 
House and Senate Committees on Appropriations within 60 days of 
the enactment of this Act on how the Bureau will utilize its 
foreign intelligence collection resources without duplicating 
or conflicting with activities already underway at those other 
elements of the Intelligence Community with longstanding 
foreign intelligence missions.
    Long-term strategic planning.--The Committee remains 
unconvinced that the FBI has a clear idea of the long-term 
capability it is building. The FBI has experienced massive 
growth over the past seven years but seems unable to clearly 
articulate how much longer this kind of growth is going to be 
necessary. The Committee has seen the FBI's ``end-state 
capabilities'', but the capabilities are too vaguely defined; 
it is impossible to discern from the end states how close the 
FBI is to those capabilities and how much the resources 
requested for fiscal year 2009 will help to advance the FBI 
toward those ultimate goals. The Committee directs the FBI to 
develop more discrete, quantifiable end-state capabilities that 
will better prepare the Committee to understand the 
implications of its annual budget decisions.
    National Security Letters (NSLs).--The Committee commends 
the FBI for the progress noted by the OIG's March 2008 report 
on NSL abuse. However, the Committee is waiting to see more 
concrete evidence that the corrective measures implemented by 
the FBI will have a lasting positive impact on the FBI's 
compliance with all NSL-related laws, regulations and policies. 
The Committee hopes to see that evidence in the OIG's third 
annual assessment of the FBI's NSL compliance, which will be 
released in 2009.
    The Committee remains concerned with the high incidence of 
NSL ``third party errors'' reported by the FBI. In these cases, 
the FBI asserts that non-compliance with law or policy is the 
result of a third party information provider supplying more or 
different information than requested by the FBI through an NSL. 
The Committee believes that the correction and prevention of 
these errors should be given as much emphasis as the correction 
and prevention of errors originating from the actions of an FBI 
employee; the result of the error is the same, regardless of 
which entity made the initial mistake. The Committee has seen 
little evidence, however, that the FBI has a plan in place to 
work with these third parties to educate them about their 
responsibilities and reduce the incidence of mistaken 
productions of content and other information. The Committee 
directs the FBI to report to the House and Senate Committees on 
Appropriations within 60 days of the enactment of this Act on 
the steps it is taking to reduce and prevent third party NSL 
errors.
    Sentinel.--The Committee continues to follow the FBI's 
progress in developing and implementing the Sentinel case 
management system. The Committee is aided in its oversight 
efforts by the continuing annual assessments of the OIG on 
Sentinel implementation and the FBI's efforts to address 
previously identified concerns. As always, the Committee 
expects to be informed immediately of any significant 
deviations from the planned budget or schedule for this 
project.
    Next Generation CODIS.--The Committee is aware that the 
Inspector General (IG) is expected to issue a report on the 
contracting process for Next Generation CODIS. Given the FBI's 
past challenges managing complicated information technology 
projects, the Committee will carefully monitor the findings of 
the report to ensure that scarce public funds are well spent 
and intellectual property is fully respected by the Department.

                              CONSTRUCTION




Fiscal Year 2008 enacted..............................      $164,200,000
Fiscal Year 2009 request..............................        42,991,000
Recommended in the bill...............................        42,991,000
Bill compared with:
    Fiscal Year 2008 enacted..........................      -121,209,000
    Fiscal Year 2009 request..........................  ................


    This appropriation provides funds for the construction of 
FBI facilities and related activities. For fiscal year 2009, 
the Committee recommends $42,991,000, which is equal to the 
budget request.
    Academy construction.--The Administration requested 
$9,800,000 for construction projects on the campus of the FBI 
Academy. The Committee's recommendation includes the necessary 
funds for these requested projects.

                    Drug Enforcement Administration


                         SALARIES AND EXPENSES




Fiscal Year 2008 enacted\1\...........................    $1,855,569,000
Fiscal Year 2009 request..............................     1,936,584,000
Recommended in the bill...............................     1,939,084,000
Bill compared with:
   Fiscal Year 2008 enacted...........................       +83,515,000
   Fiscal Year 2009 request...........................       +2,500,000

\1\Excludes $2,000,000 in emergency funding.

    DEA's mission is to enforce the controlled substances laws 
and regulations of the United States; bring to the criminal and 
civil justice system those organizations and principal members 
of organizations involved in the growing, manufacturing or 
distribution of controlled substances appearing in or destined 
for illicit traffic in the United States; and support non-
enforcement programs aimed at reducing the availability of 
illicit controlled substances on the domestic and international 
markets. For fiscal year 2009, the Committee recommends 
$1,939,084,000, which is $2,500,000 more than the budget 
request.
    Drug Flow Attack Strategy.--The Committee is encouraged by 
the progress DEA is showing with its Drug Flow Attack Strategy 
(DFAS) and recommends the following for this initiative:




Foreign-deployed Advisory and Support Teams...........        $7,000,000
Strategic drug flow enforcement operations............         2,000,000
Tactical aircraft section.............................         1,397,000
Southwest border......................................         2,528,000
Open source analysis..................................           150,000
                                                       -----------------
    Total.............................................        13,075,000


    The only portion of the DFAS request that is not 
recommended is funding for the purchase of a helicopter for 
FAST transportation; funding for this purpose was included in 
P.L. 110-252.
    Diversion Control program.--The Committee's recommendation 
provides the requested level of $244,450,000 for the Diversion 
Control program, which is fully offset with fee collections. 
The recommended level includes an increase of $498,000 for the 
Diversion Control portion of the Drug Flow Attack Strategy.
    Mobile Enforcement Teams (MET).--The Committee understands 
that DEA's MET program has been reduced significantly since 
fiscal year 2006. The number of MET teams has sharply 
decreased, and those teams that remain are hampered 
operationally by limits on temporary duty funding and other 
restrictions. The Committee recommends $30,600,000 for the MET 
program in fiscal year 2009. This increase of $10,000,000 will 
allow DEA to begin the rebuilding of the MET program, both 
through the establishment of additional teams and by increasing 
the funds available for existing teams. The Committee continues 
to believe that the MET program should be focused primarily on 
methamphetamine enforcement.

          Bureau of Alcohol, Tobacco, Firearms and Explosives


                         SALARIES AND EXPENSES




Fiscal Year 2008 enacted..............................      $984,097,000
Fiscal Year 2009 request..............................     1,027,814,000
Recommended in the bill...............................     1,054,215,000
Bill compared with:
    Fiscal Year 2008 enacted..........................       +70,118,000
    Fiscal Year 2009 request..........................       +26,401,000


    ATF is responsible for enforcing Federal criminal laws and 
regulating the firearms and explosives industries. The combined 
efforts of special agents and industry operations investigators 
allow ATF to identify, investigate and recommend for 
prosecution violators of the Federal firearms and explosives 
laws. Additionally, ATF ensures that licensees are operating 
within established laws and regulations. For fiscal year 2009, 
the Committee recommends $1,054,215,000, an increase of 
$26,401,000 over the budget request.
    Southwest border initiative.--The Committee believes that 
the Administration's Southwest border initiative is 
insufficiently balanced among the different types of border 
crime. Despite testimony and written materials describing an 
``iron river of guns'' flowing from the United States into 
Mexico, firearms trafficking enforcement constitutes less than 
1% of the Administration's requested initiative. This gap in 
the Administration's strategy impedes efforts to reduce the 
cross-border movement of illegal guns and, consequently, reduce 
violence in communities on both sides of the border. The 
Committee recommendation provides $5,000,000 for the ATF to 
enhance Project Gunrunner and other efforts aimed at tracing 
and attacking firearms trafficking organizations operating in 
Mexico and the southwest border region, particularly in those 
cities along the border determined by ATF to have the highest 
volume of illegal gun trafficking.
    Regulatory backlog.--The Committee remains concerned by the 
backlog of pending regulatory actions at ATF, particularly 
among explosives rules. ATF has testified that this backlog is 
due primarily to a staffing shortage among regulation writers. 
In order to address the staffing shortage and improve the 
timeliness of ATF's regulation development process, the 
Committee has provided $200,000 to hire additional regulation 
writers.
    Restoring current services.--The Committee is disappointed 
that the Administration did not request sufficient funding to 
fully restore the $36,744,000 in services and activities that 
ATF has discontinued in fiscal year 2008. The Administration 
budgeted for the restoration of less than half of this amount; 
the Committee recommends the restoration of an additional 
$21,201,000 to allow ATF to rebuild to its full current 
services level.
    Ballistics imaging and identification.--The Committee 
continues to support high-tech ballistic imaging and 
identification technology, and recognizes the significant 
investments made by State and local law enforcement entities in 
building the current data base. The Committee encourages ATF to 
ensure that ballistic imaging technology is routinely 
refreshed, upgraded and deployed to State and local law 
enforcement. Further, the Committee expects ATF to ensure that 
upgrades and replacements for ballistic imaging technology take 
into account resources invested by State and local law 
enforcement.

                         Federal Prison System


                         SALARIES AND EXPENSES




Fiscal Year 2008 enacted..............................    $5,050,440,000
Fiscal Year 2009 request..............................     5,435,754,000
Recommended in the bill...............................     5,595,754,000
Bill compared with:
    Fiscal Year 2008 enacted..........................      +545,314,000
    Fiscal Year 2009 request..........................      +160,000,000


    The Bureau of Prisons (BOP) is responsible to protect 
society by confining offenders in the controlled environments 
of prisons and community-based facilities that are safe, 
humane, cost-efficient, and appropriately secure, and that 
provide work and other self-improvement opportunities to assist 
offenders in becoming law-abiding citizens upon release. The 
Committee recommends $5,595,754,000 for the salaries and 
expenses of the Federal Prison System, which is $545,314,000 
over the fiscal year 2008 enacted level and $160,000,000 above 
the budget request. The funds are to be distributed as follows:




Inmate Care and Programs..............................    $1,952,701,000
Institution Security and Administration...............     2,544,419,000
Contract Confinement..................................       897,468,000
Management and Administration.........................       201,166,000


    The Federal prison population has grown explosively over 
the last 20 years. Rising from roughly 25,000 prisoners in 
1980, the population is estimated to be 207,000 by the end of 
fiscal year 2008 and more than 213,000 by the end of fiscal 
year 2009. Correspondingly, the overcrowding rate is projected 
to rise to 42 percent in 2009, a five percent increase over 
2008.
    Several years of inadequate budget requests by the 
Administration have led to a critical juncture for the Federal 
Prison System--in terms of safety and security for both inmates 
and staff. Budget pressures have forced BOP to rely excessively 
on overtime for current correctional officers instead of hiring 
additional staff, leaving the workforce spread dangerously 
thin. Inmates are increasingly housed in makeshift quarters in 
many prisons; and spikes in the numbers of serious assaults, 
murders, and large-scale riots by inmates are cause for great 
concern. Such trends cannot continue unabated. While the 
Department has taken some steps to reverse these trends in its 
fiscal year 2009 budget request, the Committee recommends an 
increase of $160,000,000 to hire new correctional officers and 
fill other critical shortfalls in BOP programs. The Committee 
also approves programmatic increases requested by the 
Administration for additional contract beds and a population 
adjustment for the marginal costs of new inmates in fiscal year 
2009.
    Substance abuse treatment.--Forty percent of inmates 
entering Federal prisons have a drug use disorder and require 
residential drug abuse treatment. In fiscal year 2007, 4,000 
eligible inmates went without such services. An estimated 8,000 
eligible inmates remain on the waiting list in fiscal year 
2008. Despite the Violent Crime Control and Law Enforcement Act 
of 1994, which requires such treatment to be provided, the 
fiscal year 2009 budget request does not address this 
shortfall. The Committee directs that within amounts 
appropriated, $79,200,000 shall be made available for 
residential and transitional drug abuse treatment to all 
eligible inmates. The Committee believes that an increase of 
$10,000,000 over the budget request represents a sound 
investment that will benefit society when drug-free inmates 
complete their sentences and return to life outside of 
confinement.
    Inmate education, training and prisoner re-entry.--The 
Committee directs that within amounts appropriated, 
$138,000,000 ($20,000,000 more than the budget request) is made 
available to reduce the backlog of inmates waiting to 
participate in education, vocational training and prisoner re-
entry programs, which are cost-effective tools in reducing the 
societal impacts of criminal recidivism.
    Sex offender management.--The Committee provides $9,200,000 
for inmate sex offender management and treatment, authorized by 
the Adam Walsh Child Protection and Safety Act of 2006.
    Reimbursement for U.S. Immigration and Customs Enforcement 
(ICE) detainees.--The Committee directs BOP to work 
cooperatively with DHS to transfer expeditiously the estimated 
700 ICE detainees who are currently housed in the Federal 
Prison System, or to obtain prompt and fair reimbursement from 
ICE for the costs of incarcerating them. DOJ is further 
directed to report to the House and Senate Committees on 
Appropriations not later than 60 days after enactment of this 
Act on how BOP has complied with this direction.
    National Institute of Corrections (NIC).--The Committee 
rejects the Administration's proposal to eliminate funding for 
the NIC, which provides valuable training and services, 
including research and evaluation, technical assistance, 
information sharing and planning to State and local adult 
corrections agencies, the BOP and other Federal agencies.
    To address deficiencies in corrections reporting identified 
by the U.S. Census Bureau, the Committee encourages the NIC to 
work with State corrections agencies to develop better 
procedures and systems for collecting and maintaining 
corrections records.
    Contracting out.--The recommendation includes a general 
provision to prohibit the use of funds to conduct, process or 
approve a public-private competition under OMB Circular A-76 
for personnel who are employees of the Bureau of Prisons or of 
Federal Prison Industries, Incorporated. This provision does 
not prevent the Bureau of Prisons from meeting additional bed 
space needs using State, local, and private existing and new 
prison capacity.
    Staffing levels and staff-inmate ratios.--On a monthly 
basis, the BOP is directed to notify the House and Senate 
Committees on Appropriations of current correctional officer 
staffing levels, by facility, and of the staff-inmate ratios 
for all Federal prisons.
    Budget display.--In the interest of transparency, the 
Committee rejects the Administration's proposal to consolidate 
BOP's decision unit structure. Future budget requests should be 
displayed by the existing four decision units: Inmate Care and 
Programs; Institution Security and Administration; Contract 
Confinement and Management and Administration.
    Inmate Medical Care.--The Committee supports BOP efforts to 
improve inmate medical care and address its increasing costs. 
The BOP is currently experiencing a shortage of dentists, with 
13 prisons lacking a full-time dentist and a system-wide 
vacancy rate of 20 percent. The shortage is expected to worsen 
due to retirements and retention difficulties. The Committee 
directs BOP to report to the House and Senate Committees on 
Appropriations by December 31, 2008, on its current and 
projected dentist staffing needs and its plans to address this 
situation.

                        BUILDINGS AND FACILITIES




Fiscal Year 2008 enacted..............................      $372,720,000
Fiscal Year 2009 request..............................        95,807,000
Recommended in the bill...............................       135,807,000
Bill compared with:
    Fiscal Year 2008 enacted..........................      -236,913,000
    Fiscal Year 2009 request..........................       +40,000,000


    The Committee recommends $135,807,000 for the construction, 
modernization, maintenance, and repair of prison and detention 
facilities housing Federal inmates, which is $236,913,000 below 
the fiscal year 2008 enacted level and $40,000,000 above the 
request.
    The Committee provides $40,000,000 above the request to 
address the significant backlog of major health and safety 
repairs in Federal prison facilities. Nearly one-third of BOP's 
114 institutions are more than 50 years old, and most have not 
undergone major renovations since they were constructed or 
acquired by BOP. The BOP is directed to provide quarterly 
reports to the House and Senate Committees on Appropriations on 
its backlog of maintenance and repairs, and its schedule for 
addressing them.

                FEDERAL PRISON INDUSTRIES, INCORPORATED 
                (LIMITATION ON ADMINISTRATIVE EXPENSES)




Fiscal Year 2008 enacted..............................        $2,328,000
Fiscal Year 2009 request..............................         2,328,000
Recommended in the bill...............................         2,328,000
Bill compared with:
    Fiscal Year 2008 enacted..........................  ................
    Fiscal Year 2009 request..........................  ................


    Created by Federal statute in 1934, Federal Prison 
Industries (FPI) operates as a wholly-owned, self-sustaining 
Government corporation. FPI employs and provides skills 
training to Federal inmates.
    The Committee recommends a limitation on administrative 
expenses of $2,328,000 for FPI, which is equal to the fiscal 
year 2008 enacted level and the request. The Committee believes 
that those who are repaying their debts to society should be 
provided opportunities to prepare themselves to re-enter 
society as gainfully employed citizens. The Committee expects 
the Administration to continue to offer meaningful work 
opportunities to inmates while respecting the interests of 
small and medium-sized businesses.

               State and Local Law Enforcement Activities

    After a decade of decline, the FBI has confirmed that 
violent crime, including murders, rapes, robberies, and gun 
crimes, rose across the Nation in 2005 and 2006. Preliminary 
data collected for 2007 reflects a more complex picture. 
However, there is no cause for complacency, particularly given 
indications that violent crime continues to rise outside 
metropolitan areas and in small towns and rural areas.
    Despite clear indications that crime rises during economic 
downturns, the Administration proposes to cut fiscal year 2009 
State and local law enforcement and crime prevention funding by 
$1,600,000,000, which is 60 percent below the current year 
level. The Committee takes very seriously its leadership 
responsibility in fighting crime across the Nation, and rejects 
this ill-conceived proposal.
    In total, this bill provides $3,129,100,000 for State and 
local law enforcement and crime prevention grant programs, 
which restores funding for these critical programs to roughly 
$100,000,000 above the fiscal year 2005 enacted level.

                    Office on Violence Against Women


       VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS




Fiscal Year 2008 enacted..............................      $400,000,000
Fiscal Year 2009 request..............................       280,000,000
Recommended in the bill...............................       435,000,000
Bill compared with:
    Fiscal Year 2008 enacted..........................       +35,000,000
    Fiscal Year 2009 request..........................      +155,000,000


    The Office on Violence Against Women (OVW) coordinates 
legislative and other initiatives relating to violence against 
women and administers grant programs to help prevent, detect, 
and stop violence against women, including domestic and dating 
violence, sexual assault, and stalking.
    The Committee recommends $435,000,000 to support OVW grants 
and programs, which is $35,000,000 above the fiscal year 2008 
enacted level and $155,000,000 above the request. This increase 
is made available to strengthen prevention and criminal justice 
enforcement efforts, and to provide services, such as housing 
and healthcare, to victims, including youth, Native American 
women and communities of color.
    The Committee rejects the Administration's proposal to 
eliminate existing OVW formula and discretionary grant 
programs, and replace them with a single competitive grant 
program. The recommendation retains the basic OVW account 
structure used in previous fiscal years. The following table 
details funding recommended for OVW programs:


                        [In thousands of dollars]
------------------------------------------------------------------------
                        Program                            Recommended
------------------------------------------------------------------------
STOP Grants...........................................          $200,000
    National Institute of Justice--R&D................           (2,000)
    Transitional Housing Assistance...................          (20,000)
Grants to Encourage Arrest Policies...................            60,000
Rural Domestic Violence Assistance Grants.............            41,000
Violence on College Campuses..........................            10,000
Civil Legal Assistance................................            41,000
Sexual Assault Victims Services.......................            15,000
Elder Abuse Grant Program.............................             5,000
Safe Havens Project...................................            15,000
Education & Training for Disabled Female Victims......             7,000
CASA (Special Advocates)..............................            15,000
Training for Judicial Personnel (child abuse).........             3,000
Stalking Database.....................................             3,000
Court Training and Improvement........................             3,000
Services for Children/Youth Exposed to Violence.......             3,000
Advocates for Youth/Services for Youth Victims (STARY)             5,000
National Tribal Sex Offender Registry.................             1,000
Research on Violence Against Indian Women.............             1,000
Engaging Men and Youth in Prevention..................             3,000
Training Programs to Assist Probation and Parole                   3,000
 Officers.............................................
National Resource Center on Workplace Responses.......             1,000
                                                       -----------------
    Total.............................................           435,000
------------------------------------------------------------------------

    Jessica Gonzales Victim Assistance Program.--The Committee 
recognizes the critical value of victim assistants who act as 
liaisons between local law enforcement agencies and victims of 
domestic and dating violence, sexual assault and stalking in 
order to improve the enforcement of protection orders. The 
placement of these special victim assistants is an eligible 
purpose for funding under the STOP Violence Against Women 
formula grant program, for which the Committee provides 
$200,000,000 in fiscal year 2009.
    Salaries and expenses.--The Committee has established a new 
salaries and expenses account to fund the management and 
administrative costs of OVW and other Justice Department grant 
programs. As a result, no administrative overhead costs shall 
be deducted from the programs funded from this account.

                       Office of Justice Programs

    The Office of Justice Programs (OJP) was established to 
provide Federal leadership, coordination, and assistance to 
make the Nation's justice system more efficient and effective 
in preventing and controlling crime. OJP is responsible for 
administering grants; collecting statistical data and 
conducting analyses; identifying emerging criminal justice 
issues; developing and testing promising approaches to address 
these issues; evaluating program results, and disseminating 
these findings and other information to State and local 
governments.
    The Committee recommends $1,872,100,000 for the Office of 
Justice Programs, which is $1,079,353,000 above the request and 
$177,333,000 more than the current year enacted level. The 
Committee also rejects the Administration's proposal to 
eliminate existing OJP formula and discretionary grant programs 
and replace them with three competitive grant programs. The 
recommendation retains the basic OJP account structure used in 
previous years.

                           JUSTICE ASSISTANCE




Fiscal Year 2008 enacted..............................      $196,184,000
Fiscal Year 2009 request..............................       134,647,000
Recommended in the bill...............................        95,000,000
Bill compared with:
    Fiscal Year 2008 enacted..........................      -101,184,000
    Fiscal Year 2009 request..........................       -39,647,000


    The Justice Assistance account provides support to State 
and local law enforcement in the form of research, evaluation 
and statistics. The Committee recommends $95,000,000, which is 
$101,184,000 below the fiscal year 2008 enacted level and 
$39,647,000 below the budget request.
    The funds are to be distributed as follows:

National Institute of Justice...........................     $45,000,000
Bureau of Justice Statistics............................      50,000,000

    Several programs previously funded under this account have 
been transferred to other OJP accounts, as well as the 
Community Oriented Policing Services account.
    OJP budgetary and programmatic transparency.--The Committee 
is frustrated with the quality and timeliness of budget and 
programmatic information produced by the Office of Justice 
Programs. The OJP is directed to provide detailed personnel, 
contract and other cost information by program for Management 
and Administration and the oversight activities of the Office 
of Audit, Assessment, and Management (OAAM) in its fiscal year 
2010 budget justifications.
    Fairness and objectivity in the award of competitive 
grants.--The Committee is deeply concerned over allegations 
that the Department steered fiscal year 2007 juvenile justice 
grants to favored recipients instead of awarding them to 
deserving grantees who ranked more highly in a peer-reviewed 
process. The Committee expects the Department to expedite its 
internal review of the 2007 grants process and awards, and to 
report within 30 days of enactment of this Act to the House and 
Senate Committees on Appropriations on its findings and the 
corrective actions taken to ensure that all OJP competitive 
grants are awarded in a fair, competitive and peer-reviewed 
manner. The Committee also directs the Inspector General to 
review the 2007 grant award process and report expeditiously to 
the House and Senate Committees on Appropriations. This matter 
is also addressed in the Juvenile Justice account.
    Transparency in research decisions.--The Committee strongly 
supports research and other measures to establish and 
disseminate standards and best practices to improve the 
effectiveness of Federal crime-fighting grant programs. 
However, the Committee is concerned over the lack of 
transparency in the research funding decisions made by OJP, and 
directs the Department, within 60 days of enactment of this 
Act, to provide a detailed report and spend plan on all 
National Institute of Justice (NIJ) and Bureau of Justice 
Statistics (BJS) research activities for fiscal year 2009. The 
Committee also expects detailed justification information on 
the research priorities assumed in the fiscal year 2010 budget 
request.
    National Institute of Justice.--The Committee includes 
$45,000,000 in direct funding for the NIJ, which is the primary 
Federal source of research and development in the field of 
criminal justice. NIJ will receive additional funding under the 
Byrne Memorial Justice Assistance Grants program and the 
Violence Against Women Prevention and Prosecution programs, 
including research on violence against Indian women. The 
Committee is aware that the National Research Council has 
convened a committee to examine the NIJ research portfolio, and 
looks forward to the panel's recommendations to improve 
effectiveness.
    National Crime Victimization Survey (NCVS).--Within funds 
provided for BJS, the Committee directs $26,000,000 for the 
NCVS, which since the 1970s has been a critical resource to 
improve understanding of the costs and context of crime 
victimization in the United States. The Committee urges BJS to 
implement the recommendations of the National Research 
Council's recent report, Surveying Victims: Options for 
Conducting the National Crime Victimization Survey, to improve 
the usefulness of the NCVS. NIJ is also encouraged to implement 
the Council's recommendation to develop, promote and coordinate 
sub-national victimization surveys.
    Pregnant and parenting offenders.--The Committee encourages 
NIJ to examine the potential of family-based treatment as an 
effective sentencing alternative for non-violent drug 
offenders, for drugs other than methamphetamine, who are 
pregnant or the parents of young children.
    National Motor Vehicle Title Information System.--The 
Committee recognizes that the National Motor Vehicle Title 
Information System (NMVTIS) helps State and local law 
enforcement to deter trafficking in stolen vehicles by 
strengthening the ability of States to share motor vehicle 
title information. The Department is commended for its support 
through competitive grants to implement the NMVTIS system, and 
is encouraged to finalize its pending regulations. The 
Committee directs the Department to report, within 60 days of 
enactment of this Act, to the House and Senate Committees on 
Appropriations on the status of this program and its 
recommendations to achieve full implementation.
    Salaries and expenses.--The Committee has established a new 
salaries and expenses account to fund the management and 
administrative costs of OJP and the other Justice Department 
grant programs. As a result, no administrative overhead costs 
shall be deducted from the programs funded from this account.

               STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE




Fiscal Year 2008 enacted\1\...........................      $908,136,000
Fiscal Year 2009 request..............................       404,000,000
Recommended in the bill...............................     1,277,000,000
Bill compared with:
    Fiscal Year 2008 enacted..........................      +368,864,000
    Fiscal Year 2009 request..........................      +873,000,000

\1\Excludes $100,000,000 in emergency funding.

    The Committee recommends $1,277,000,000 for State and Local 
Law Enforcement Assistance programs, which is $368,864,000 over 
the fiscal year 2008 enacted level and $873,000,000 over the 
request. As discussed under the Office of Justice Programs 
heading, the Committee rejects the Administration's proposal to 
eliminate existing OJP formula and discretionary grant programs 
and replace them with two competitive grant programs. The 
recommendation retains the basic OJP account structure used in 
previous years. Several programs previously funded under this 
account have been transferred to the OJP Juvenile Justice 
account and the Community Oriented Policing Services account.
    The following table details funding recommended for state 
and local law enforcement assistance programs:


                        [In thousands of dollars]
------------------------------------------------------------------------
                        Program                            Recommended
------------------------------------------------------------------------
Byrne Memorial Justice Assistance Grants..............          $550,000
    National Institute of Justice.....................           (5,000)
    State and Local Intelligence Training.............           (5,000)
Byrne Discretionary Grants............................           122,000
Byrne Competitive Grants..............................            30,000
State Criminal Alien Assistance Program...............           420,000
Southwest Border Prosecutor Program...................            35,000
Victims of Trafficking Grants.........................            10,000
State Prison Drug Treatment...........................            10,000
Drug Courts...........................................            40,000
Prescription Drug Monitoring..........................             7,000
Prison Rape Prevention and Prosecution................            12,500
Capital Litigation....................................             1,000
Missing Alzheimer's Patient Grants....................             1,500
Mentally Ill Offender Act.............................            10,000
Victim Notification...................................            10,000
Economic, High-tech and Cybercrime Prevention.........            18,000
------------------------------------------------------------------------
    Total.............................................         1,277,000
------------------------------------------------------------------------

    Edward Byrne Memorial Justice Assistance Grant Program.--
The Committee recommends $550,000,000 for formula grants under 
the Edward Byrne Memorial Justice Assistance Grant (JAG) 
program, which is authorized by the Violence Against Women and 
Department of Justice Reauthorization Act of 2005 ( Public Law 
109-162). The recommendation for JAG formula grants is 
$379,567,000 above the fiscal year 2008 enacted level. The 
Administration proposed to eliminate this program.
    Funding under this program is authorized for law 
enforcement programs; prosecution and court programs; 
prevention and education programs; corrections and community 
corrections programs; drug treatment and enforcement programs; 
planning, evaluation, and technology improvement programs; and 
crime victim and witness programs, other than compensation. 
Funding is not available for vehicles, vessels, or aircraft; 
luxury items; real estate; or construction projects. The 
formula used for distributing funds under this program 
allocates 50 percent of funding based on population, and 50 
percent based on violent crime rates. The formula allocates 60 
percent of funding to States and 40 percent to units of local 
government.
    Of the amount provided, $5,000,000 is for intelligence 
training for State and local law enforcement entities; and 
$5,000,000 is for the National Institute of Justice to help 
local units of government to identify, select, develop, 
modernize and purchase new technologies for use by law 
enforcement.
    Byrne competitive grants.--$30,000,000 is made available 
for Byrne competitive, peer-reviewed grants to programs of 
national significance to prevent crime, improve the 
administration of justice or assist victims of crime. Within 60 
days of enactment of this Act, the OJP is directed to provide a 
report and spend plan to the House and Senate Committees on 
Appropriations, which details the criteria and methodology that 
will be used to award these grants. It is expected that 
national programs that have previously received funding under 
the Byrne discretionary program will be eligible to compete for 
funding under this competitive grant program, including 
programs for which specific amounts are designated in this Act.
    Byrne discretionary grants.--The Committee recommends 
$122,000,000 for Byrne discretionary grants to prevent crime, 
to improve the criminal justice system, to provide victims' 
services and for other similar activities. The accompanying 
table details funding for Congressionally-designated 
activities, which are incorporated by reference in the bill:


    State Criminal Alien Assistance Program (SCAAP).--The 
Committee recommends $420,000,000 for reimbursement to States 
and localities for their costs for incarcerating criminal 
aliens. This program was once again proposed for elimination by 
the Administration.
    Southwest border prosecutions.--The Committee recommends 
$35,000,000 to provide assistance to State and local law 
enforcement agencies (including prosecutors, probation 
officers, courts, and detention facilities) along the southwest 
border with the handling and processing of drug and alien cases 
referred from Federal arrests. The recommendation is $4,920,000 
above the fiscal year 2008 level. The Administration made no 
request for this program.
    Drug courts.--The Committee strongly supports drug courts, 
which serve a vital role in our Nation's justice system. The 
recommendation includes $40,000,000 for this program, which is 
$24,800,000 above the fiscal year 2008 enacted level. The 
Administration proposed to eliminate this program.
    Mentally Ill Offender Act.--The Committee includes 
$10,000,000 for grants to mental health courts and adult and 
juvenile collaboration program grants, as authorized by the 
Mentally Ill Offender Act of 2004. This amount is $3,500,000 
above the fiscal year 2008 enacted level. The Administration 
proposed to eliminate this program,
    Hal Rogers Prescription Drug Monitoring Program.--The 
Committee includes $7,000,000 for the Prescription Drug 
Monitoring Program to assist States in building or enhancing 
prescription drug monitoring systems, facilitating the exchange 
of information among States, and providing technical assistance 
and training on establishing and operating effective 
prescription drug monitoring programs. The Administration 
proposed to eliminate this program. The Committee expects OJP 
to work with the DEA to implement this program.
    Prison rape prevention and prosecution.--The Committee 
provides $12,500,000 for prison rape prevention and prosecution 
activities. The Committee understands that the National Prison 
Rape Elimination Commission will soon finalize recommended 
standards for the prevention of and response to sexual abuse in 
all confinement settings as part of its final report. The 
Attorney General is then required to promulgate such standards 
nationally. The recommendation includes $12,500,000 for 
purposes authorized under Public Law 108-79, such as the work 
of the Commission; mandated statistics, data and research; 
prevention and prosecution assistance; and grants to protect 
inmates and safeguard communities. The Department shall report 
to the House and Senate Committees on Appropriations not later 
than 60 days after the enactment of this Act on the proposed 
distribution of funding among authorized activities under this 
program.
    Victim notification.--The Committee includes $10,000,000 to 
support the Statewide Automated Victim Information Notification 
(SAVIN) program, as authorized by the Justice for All Act, 
(Public Law 108-405). The SAVIN program helps protect the legal 
rights of crime victims by providing registered victims with 
timely and accurate information about any changes to the status 
of their offender, such as trial dates, times, or changes; 
probation hearings; inmate relocation; and offender release. 
This program was previously funded under the Justice Assistance 
account.
    Economic, high-tech and cybercrime prevention.--The 
Committee provides $18,000,000 for competitive grants to 
support and train State and local law enforcement agencies in 
the prevention, investigation and prosecution of economic, 
high-tech and Internet crimes, which shall be administered by 
the Bureau of Justice Assistance. Within funds provided, up to 
$3,000,000 is available for new competitive grants to State and 
local law enforcement entities to combat these crimes, 
including the intellectual property crimes of counterfeiting 
and piracy. None of the funds provided for this program shall 
be diverted for research. This program was previously funded 
under the Justice Assistance account.
    Missing Alzheimer's Disease Patient Program.--The Committee 
directs that the $1,500,000 provided for Missing Alzheimer's 
Disease Patient Program grants shall be awarded competitively 
and shall be administered by the Bureau of Justice Assistance.
    Salaries and expenses.--The Committee has established a new 
salaries and expenses account to fund the management and 
administrative costs of OJP and the other Justice Department 
grant programs. As a result, no administrative overhead costs 
shall be deducted from the programs funded from this account.

                       JUVENILE JUSTICE PROGRAMS




Fiscal Year 2008 enacted..............................      $383,513,000
Fiscal Year 2009 request..............................       185,000,000
Recommended in the bill...............................       431,000,000
Bill compared with:
    Fiscal Year 2008 enacted..........................       +47,487,000
    Fiscal Year 2009 request..........................      +246,000,000


    The Office of Juvenile Justice and Delinquency Prevention 
(OJJDP) was established to provide Federal leadership, 
coordination, and resources to prevent and respond to juvenile 
delinquency and victimization. OJJDP is responsible for 
supporting States and communities in their efforts to develop 
and implement effective and coordinated prevention and 
intervention programs and to improve the juvenile justice 
system so that it protects public safety, holds offenders 
accountable, and provides treatment and rehabilitative services 
tailored to the needs of juveniles and their families.
    The Committee recommends $431,000,000 for Juvenile Justice 
Programs, which is $47,487,000 above the fiscal year 2008 
enacted level and $246,000,000 above the request. The Committee 
rejects the Administration's proposal to eliminate existing 
OJJDP formula and discretionary grant programs, and replace 
them with a single competitive grant program. The 
recommendation retains the basic OJJDP account structure used 
in previous fiscal years. The accompanying table details 
funding recommended for these programs.
    Fairness and objectivity in the award of competitive 
grants.--The Committee is deeply concerned about allegations 
that the Department steered fiscal year 2007 juvenile justice 
grants to favored recipients instead of awarding them to 
deserving grantees who ranked more highly in a peer-reviewed 
process. As noted previously, within 30 days of enactment of 
this Act, the Department is directed to provide a full 
accounting of the process used in 2007, as well as a report on 
corrective measures taken to ensure fairness and objectivity in 
the award of all future discretionary grants. The Committee 
also directs the Inspector General to review the 2007 grant 
award process and report to the House and Senate Committees on 
Appropriations expeditiously.
    The following table details funding recommended for 
juvenile justice programs:


                        [in thousands of dollars]
------------------------------------------------------------------------
                        Program                            Recommended
------------------------------------------------------------------------
Part B--State Formula.................................           $75,000
Part E--Challenge Grants--Demonstration Projects......            75,000
Youth Mentoring Grants................................           100,000
Title V--Incentive Grants.............................            40,000
    Tribal Youth......................................          (25,000)
    Gang Prevention...................................          (15,000)
Victims of Child Abuse Programs.......................            23,000
Juvenile Accountability Block Grants..................            55,000
Missing Children Program..............................            63,000
                                                       -----------------
    Total.............................................           431,000
------------------------------------------------------------------------

    Part B--State formula grants.--The Committee provides 
$75,000,000 for grants to implement comprehensive State 
juvenile justice plans, including community-based prevention 
and intervention programs and activities for juvenile 
offenders.
    Part E--discretionary grants.--The Committee includes 
$75,000,000 for Part E discretionary grants for activities 
related to juvenile justice and at-risk youth. The accompanying 
table details funding for Congressionally-designated 
activities, which are incorporated by reference in the bill.


    Youth mentoring grants.--To support the critical work of 
national, regional and local organizations in nurturing and 
mentoring at risk children and youth, the Committee recommends 
$100,000,000 for competitive, peer-reviewed youth mentoring 
grants. Within 60 days of enactment of this Act, OJP is 
directed to provide a report and spend plan to the House and 
Senate Committees on Appropriations, which details the criteria 
and methodology that will be used to award these grants. It is 
expected that national programs that have received funding 
under the Byrne discretionary program or the Juvenile Justice 
Part E program will be eligible for funding under this 
competitive grant program, including programs for which 
specific amounts are designated in this Act.
    Missing children program.--The Committee includes 
$63,000,000 to expand efforts to combat crimes against 
children, particularly kidnapping and sexual exploitation. This 
funding level is $13,000,000 over the fiscal year 2008 enacted 
level. The Administration did not request funding for this 
program. This program was previously funded under the Justice 
Assistance account. Protecting children from predators requires 
the carefully coordinated efforts of Federal, State and local 
law enforcement agencies, as well as non-governmental 
organizations. OJP is strongly urged to work cooperatively with 
these entities in the implementation of new and enhanced 
initiatives, with particular focus on the areas of locating 
missing children and addressing the rising threat of child 
exploitation facilitated by the Internet. Within 60 days of 
enactment of this Act, the Department is directed to report to 
the House and Senate Committees on Appropriations on current 
activities and plans for developing and maintaining an 
effective national information-sharing system to combat child 
exploitation.
    Title V--Incentive grants.--The Committee provides 
$40,000,000 for community-based delinquency prevention grants. 
Within funds provided, $25,000,000 is for tribal youth 
delinquency prevention programs, and $15,000,000 is for gang 
prevention, education and training.
    Victims of Child Abuse Act.--The Committee recommends 
$23,000,000 for programs authorized under the Victims of Child 
Abuse Act (Public Law 101-647), including grants to provide 
technical assistance and training to improve the quality of 
criminal prosecution of cases of child abuse and neglect in 
State juvenile and family courts. This funding level represents 
an increase of $6,080,000 over fiscal year 2008.
    Juvenile accountability block grants.--The Committee 
provides $55,000,000 for grants to support State and local 
government efforts to combat serious and violent juvenile 
crime. This funding level is $3,300,000 above the amount 
provided in fiscal year 2008.
    Mental health services for youth.--The Committee recognizes 
the value of improving the quality of mental health services 
for youth in the juvenile justice system, and encourages the 
Department to work with experts in this field to coordinate 
regional forums for this purpose.
    Salaries and expenses.--The Committee has established a new 
salaries and expenses account to fund the management and 
administrative costs of OJP and the other Justice Department 
grant programs. As a result, no administrative overhead costs 
shall be deducted from the programs funded from this account.

                    PUBLIC SAFETY OFFICERS BENEFITS




Fiscal Year 2008 enacted..............................       $74,834,000
Fiscal Year 2009 request..............................        69,100,000
Recommended in the bill...............................        69,100,000
Bill compared with:
    Fiscal Year 2008 enacted..........................        -5,734,000
    Fiscal Year 2009 request..........................  ................


    The Public Safety Officers Benefits (PSOB) program provides 
benefits to public safety officers who are severely injured in 
the line of duty and to the families and survivors of public 
safety officers whose death was the direct and proximate result 
of an injury sustained in the line of duty.
    The Committee includes $69,100,000 for PSOB, which is 
$5,734,000 over the fiscal year 2008 enacted level and equal to 
the request. Within funds provided, $60,000,000 is made 
available for death benefits to survivors. This amount is 
estimated by the Congressional Budget Office, and is considered 
mandatory for scorekeeping purposes. The Committee also 
recommends $9,100,000 for disability and education benefits to 
injured officers.

                  Community Oriented Policing Services





Fiscal Year 2008 enacted..............................      $587,233,000
Fiscal Year 2009 request..............................  ................
Recommended in the bill...............................       627,000,000
Bill compared with:
    Fiscal Year 2008 enacted..........................       +39,767,000
    Fiscal Year 2009 request..........................      +627,000,000


    The Community Oriented Policing Services (COPS) Office was 
established to assist State and local law enforcement agencies 
through grants, training and technical assistance to prevent 
and combat crime in communities across the Nation. The 
Committee recommends $627,000,000 for COPS programs, which is 
$39,767,000 over the fiscal year 2008 enacted level. The 
Committee rejects the Administration's proposal to eliminate 
existing COPS programs and to merge the COPS Office into the 
Office of Justice Programs. The following table details funding 
recommended for COPS programs:

                        [In thousands of dollars]
------------------------------------------------------------------------
                        Program                            Recommended
------------------------------------------------------------------------
COPS Hiring Program...................................           $40,000
COPS Technology and Interoperability..................           145,000
Violent Gang and Gun Crime Reduction..................            15,000
Meth Hot Spots........................................            35,000
Bullet-Proof Vests....................................            25,000
Tribal Law Enforcement................................            20,000
Indian Assistance.....................................            25,000
    Tribal Prison Construction........................          (12,000)
    Indian Tribal Courts..............................           (8,000)
    Indian Alcohol and Substance Abuse grants.........           (5,000)
National Instant Criminal Background Check System                 15,000
 grants...............................................
Criminal Records Upgrade..............................            10,000
DNA Backlog Reduction.................................           153,000
    Debbie Smith DNA Backlog grants...................         (150,000)
    Post-Conviction DNA Testing grants................           (3,000)
Second Chance Act/Offender Re-Entry...................            45,000
Sex Offender Management...............................            10,000
    National Sex Offender Registry....................           (1,000)
Secure Our Schools Act................................            20,000
Regional Information Sharing..........................            45,000
Wrongful Prosecution Review grants....................             5,000
Weed and Seed Program.................................            15,000
Training and Technical Assistance.....................             4,000
                                                       -----------------
    Total.............................................           627,000
------------------------------------------------------------------------

    COPS on the beat.--The Committee recommends $40,000,000 to 
expand the COPS universal hiring program. These grants are 
available to State and local governments for the hiring and 
rehiring of additional career law enforcement officers for 
deployment in community-oriented policing across the nation.
    Law enforcement technologies and interoperable 
communications.--The Committee includes $145,000,000 for grants 
to State and local law enforcement to develop and acquire 
effective technologies and interoperable communications that 
assist in the prevention and response to crime. The COPS Office 
is directed to ensure that all equipment funded under this 
program meets the requirements of the National Institute of 
Standards and Technology Office of Law Enforcement Standards. 
The accompanying table details funding for Congressionally-
designated activities, which are incorporated by reference in 
the bill:


    Methamphetamine enforcement and clean-up.--The production, 
trafficking, and abuse of methamphetamine--an extremely 
destructive and addictive drug--continues to be a serious 
national problem. The Committee recommends $35,000,000 for 
grants to address public safety and methamphetamine 
manufacturing, sale, and use in ``hot spots,'' including 
reimbursement of DEA for expenses related to the cleanup of 
methamphetamine labs. This amount is $26,187,000 below the 
fiscal year 2008 enacted level. The Administration did not 
request funding for this program. Within funds provided, the 
Committee includes $5,000,000 to reimburse the DEA for 
assistance to State and local law enforcement for proper 
removal and disposal of hazardous materials at clandestine 
methamphetamine labs, including funds for training, technical 
assistance, a container program, and purchase of equipment. The 
DEA acknowledges that prior year funding provided for this 
purpose is sufficient to fund these activities through the 
third quarter of fiscal year 2009. The accompanying table 
details funding for Congressionally-designated activities 
related to methamphetamine enforcement, which are incorporated 
by reference in the bill:


    DNA backlog reduction.--The Committee recommends 
$153,000,000 for grants to strengthen State and local 
government DNA collection and analysis systems, which can be 
vital to successfully prosecuting the guilty and protecting the 
innocent from wrongful prosecution. This funding level is 
$728,000 above the fiscal year 2008 enacted level. The 
Administration did not make a DNA initiative request. Within 
funds provided $150,000,000 is for Debbie Smith DNA backlog 
reduction grants, and $3,000,000 is for post-conviction DNA 
testing grants.
    Wrongful prosecution review grants.--The Committee commends 
the efforts of public and non-profit entities that work to 
exonerate people who have been wrongfully convicted of crimes. 
Within funds provided, $5,000,000 is made available for a new 
program of competitive grants for such purposes.
    Second Chance Act offender re-entry programs.--The 
Committee recommends $45,000,000 to reduce criminal recidivism 
by providing grants to establish and expand offender re-entry 
programs, which is $33,250,000 above the fiscal year 2008 
enacted level. Within the funds provided, $35,000,000 is made 
available for grants to State and local governments for adult 
and juvenile offender demonstration projects to coordinate re-
entry efforts and establish best practices. Allowable uses of 
these funds include employment services, housing, substance 
abuse treatment, family programming, mentoring, and victim 
services. In addition, $10,000,000 is provided for grants to 
nonprofit organizations for mentoring and transitional services 
to help offenders reintegrate into society. The Committee 
expects that the Department will continue to work in 
collaboration with the Departments of Labor, Health and Human 
Services, Housing and Urban Development, and Education in the 
implementation of offender re-entry programs.
    NICS Improvement Amendments Act of 2007.--The Committee 
includes $15,000,000 for grants to assist States and tribal 
governments in updating the National Instant Criminal 
Background Check System with the criminal history and mental 
health records of individuals who are precluded from purchasing 
or possessing guns.
    Criminal history record upgrades.--In addition to the funds 
provided for NICS grants, the Committee includes $10,000,000 
for grants to ensure that accurate criminal history records are 
available for use in law enforcement. This program helps States 
build their infrastructure to connect to national record check 
systems both to supply information and to conduct the requisite 
checks.
    Violent gangs and gun crimes.--The Committee recommends 
$15,000,000 for competitive grants to State and local law 
enforcement to combat violent crime, with special emphasis on 
areas plagued by violent gangs.
    Bulletproof vests.--The Committee provides $25,000,000 to 
assist State and local law enforcement in purchasing bullet and 
stab resistant vests, which is $850,000 over the fiscal year 
2008 enacted level. The Administration did not request funding 
for this critical safety equipment for the Nation's law 
enforcement officers.
    Tribal law enforcement, courts, detention facilities and 
substance abuse grants.--The Committee includes $45,000,000 for 
tribal criminal justice efforts, which is $7,520,000 over the 
fiscal year 2008 enacted level. Within this amount, $20,000,000 
is for hiring, equipment and training for tribal law 
enforcement officers; $12,000,000 is for tribal prison 
construction; $8,000,000 is for tribal courts; and $5,000,000 
is for tribal grants to address alcohol and substance abuse. In 
another appropriations bill, the Committee also provides 
significant new investments for tribal law enforcement, prison 
infrastructure and victims' health services through the Bureau 
of Indian Affairs and the Indian Health Service.
    Secure Our Schools Act.--The recommendation includes 
$20,000,000 for grants for equipment such as metal detectors, 
locks, lighting and other deterrent measures; security 
assessments; security training of personnel and students; and 
coordination with local law enforcement, as authorized by the 
Secure Our Schools Act (Public Law 106-386).
    Regional information sharing.--The Committee recommends 
$45,000,000 for regional information sharing to ensure the 
efficient and effective automated exchange of crime and 
terrorism information among Federal, State, and local agencies. 
The recommendation is $5,000,000 above the enacted level and 
$10,800,000 above the request. The Committee places a priority 
on the careful integration of the regional information sharing 
network with the Law Enforcement On-Line (LEO) program. The 
Committee directs the Department to ensure that other 
interstate information sharing systems funded by OJP and COPS 
utilize existing communications infrastructure and are 
compatible with LEO and this program.
    Salaries and expenses.--The Committee has established a new 
salaries and expenses account to fund the management and 
administrative costs of COPS and the other justice grant 
programs. As a result, no administrative overhead costs shall 
be deducted from the programs funded from this account.

                         SALARIES AND EXPENSES




Fiscal Year 2008 enacted..............................  ................
Fiscal Year 2009 request..............................  ................
Recommended in the bill...............................      $195,000,000
Bill compared with:
    Fiscal Year 2008 enacted..........................      +195,000,000
    Fiscal Year 2009 request..........................      +195,000,000


    To achieve greater transparency, efficiency and 
accountability in the management, administration and oversight 
of the Justice Department grant programs, the Committee 
recommends the establishment of a new salaries and expenses 
account within State and Local Law Enforcement Activities. A 
total of $195,000,000 is provided for this purpose, of which 
not to exceed $14,000,000 is for the Office on Violence Against 
Women (OVW); not to exceed $130,000,000 is for the Office of 
Justice Programs (OJP); and not to exceed $30,000,000 is for 
the Community Policing Services Office (COPS). In addition, not 
to exceed $21,000,000 is made available for the Office of 
Audit, Assessment, and Management (OAAM) for grants management 
oversight. Within funds provided, OAAM is expected to develop 
its capacity to evaluate, in coordination with the National 
Institute of Justice, the effectiveness of programs and 
projects funded by OJP, OVW and the COPS Office, using rigorous 
research and evaluation methods which generate valid evidence 
on which crime and violence prevention strategies are most 
effective.

               General Provisions--Department of Justice

    The Committee has included the following general provisions 
for the Department of Justice in this bill:
    Section 201 makes available additional reception and 
representation funding for the Attorney General from the 
amounts provided in this title.
    Section 202 prohibits the use of funds to pay for an 
abortion, except in the case of rape or to preserve the life of 
the mother.
    Section 203 prohibits the use of funds to require any 
person to perform or facilitate the performance of an abortion.
    Section 204 establishes the obligation of the Director of 
the Bureau of Prisons to provide escort services to inmates 
receiving an abortion outside of a Federal facility, except 
where this obligation conflicts with the preceding section.
    Section 205 establishes the Committee's requirements and 
procedures for transfer proposals.
    Section 206 authorizes the Attorney General to extend an 
ongoing Personnel Management Demonstration Project.
    Section 207 extends specified authorities to the Bureau of 
Alcohol, Tobacco, Firearms and Explosives for undercover 
operations.
    Section 208 prohibits the use of funds for transporting 
prisoners classified as maximum or high security, other than to 
a facility certified by the Bureau of Prisons as appropriately 
secure.
    Section 209 prohibits the use of funds for the purchase or 
rental by Federal prisons of audiovisual equipment, services 
and materials used primarily for recreational purposes, except 
for those items and services needed for inmate training, 
religious or educational purposes.
    Section 210 requires review by the Deputy Attorney General 
and the Department Investment Review Board prior to the 
obligation or expenditure of funds for major information 
technology projects.
    Section 211 requires the Department to follow reprogramming 
procedures prior to any deviation from the program amounts 
specified in this title or the reuse of deobligated funds 
provided in previous years.
    Section 212 prohibits the use of funds for A-76 
competitions for work performed by employees of the Bureau of 
Prisons or Federal Prison Industries, Inc.
    Section 213 prohibits the use of funds to pay the salary, 
benefits or expenses of a U.S. Attorney performing dual duties 
that exempt that U.S. Attorney from established residency 
requirements.
    Section 214 prohibits the use of funds for future phases of 
the Sentinel program until the Attorney General certifies that 
work on existing phases has been substantially completed under 
a validated performance baseline.
    Section 215 requires the Department of Justice in making 
grants under any discretionary grant program to conduct a peer 
review process and to strictly adhere to the rankings made.

                           TITLE III--SCIENCE


                   Executive Office of the President


                Office of Science and Technology Policy





Fiscal Year 2008 enacted..............................        $5,184,000
Fiscal Year 2009 request..............................         5,303,000
Recommended in the bill...............................         5,303,000
Bill compared with:
    Fiscal Year 2008 enacted..........................          +119,000
    Fiscal Year 2009 request..........................  ................


    The Office of Science and Technology Policy (OSTP) was 
created under the National Science and Technology Policy, 
Organization, and Priorities Act of 1976. OSTP advises the 
President on science and technology policies and coordinates 
research and development programs for the Federal government. 
The Committee recommendation includes $5,303,000 for fiscal 
year 2009, the same level as the request and $119,000 more than 
the fiscal year 2008 enacted level.
    Plutonium production.--The Committee notes that neither 
NASA's nor the Department of Energy's (DOE) fiscal year 2009 
budget request addresses the critical need for radioisotope 
material to carry out many of NASA's future science and 
exploration missions, leaving the United States reliant on DOE 
purchases of dwindling Russian stockpiles of this material. The 
failure to address this critical need places several future 
NASA missions, costing several billions of dollars, at great 
risk, and leaves the United States reliant on Russia to produce 
such radioisotope material. It should not be the policy of the 
United States to encourage Russia to continue to produce such 
radioisotope material, which, without proper oversight and 
control, may be used for purposes than otherwise intended. The 
Committee understands that it is within the charter of the DOE 
to maintain the U.S. capability and infrastructure to develop 
and furnish nuclear power systems for all U.S. Government space 
systems, while it is the responsibility of the customer 
agencies, such as NASA, to pay for the marginal costs for the 
production of such radioisotope material for the agency-
specific space missions. The Committee believes that the U.S. 
Government must urgently address this critical need. Thus, the 
Committee directs the Director of OSTP, working with NASA and 
DOE, to develop a plan for restarting and sustaining U.S. 
domestic production of radioisotope thermoelectric generator 
material for NASA's future science and exploration missions. 
This plan shall be transmitted by OSTP to the House and Senate 
Appropriations Subcommittees on Commerce, Justice and Science, 
and Energy and Water, along with a requisite funding request 
for DOE restart of production, and for NASA for marginal costs 
of production, with the President's budget request for fiscal 
year 2010.
    Commercial purchase of weather, environmental and space 
weather data.--The Committee is concerned that next-generation 
satellite programs--specifically, the geostationary operational 
environmental satellite R-series (GOES-R) and the national 
polar-orbiting environmental satellite system (NPOESS)--are 
projected to claim an increasingly disproportionate share on 
NOAA's total discretionary budget. Options for reducing 
satellite costs are limited and NOAA is under intense pressure 
from the weather and climate communities to start new 
initiatives that will increase space-related costs even more. 
Therefore, the Committee directs OSTP, working with NASA and 
NOAA, to develop a plan and program to encourage commercial 
solutions to meet space-based Earth and space weather 
observation requirements of the United States Government, 
similar to the Federal investments in NASA's commercial orbital 
transportation services program. Such report shall consider the 
efficacy of providing appropriated funds to commercial entities 
to pursue low-cost atmospheric, environmental or space weather 
monitoring systems, and whether such funding should be offered 
to commercial entities in exchange for later concessionary 
rates on weather, climate or space weather data purchasers from 
successful vendors. The report shall be delivered to the House 
and Senate Committees on Appropriations not later than February 
1, 2009.

             National Aeronautics and Space Administration

    The National Aeronautics and Space Administration (NASA) 
was established by the National Aeronautics and Space Act of 
1958, as amended, to conduct space and aeronautical research, 
development, and flight activities for peaceful purposes to 
benefit all mankind. The Act calls on NASA to expand human 
knowledge; develop and operate advanced aeronautical and space-
faring vehicles; encourage commercial use of space; exchange 
with other U.S. agencies findings useful to each other to 
maximize research results; cooperate with other nations in 
research and applications; and preserve U.S. preeminence in 
aeronautics and space. NASA's unique mission is to pioneer the 
future in space exploration, scientific discovery and 
aeronautics research.
    Investments in NASA.--Properly structured, NASA's programs 
can contribute to an improved quality of life, economic 
vitality, U.S. leadership in peaceful cooperation with other 
nations on challenging undertakings in science and technology, 
national security and the advancement of knowledge. Investments 
in NASA's programs promote research and development and support 
the competitiveness of the United States. For 50 years, the 
investments in NASA have facilitated the transfer of NASA 
technology to the private sector, benefiting global competition 
and the economy. The resulting commercialization has 
contributed to the development of commercial products and 
services in the fields of health and medicine, industry, 
consumer goods, transportation, public safety, computer 
technology, and environmental resources. In addition, NASA's 
view from space brings science to bear on national priorities 
like improved predictions of climate, weather and natural 
hazards, which have corresponding implications for commerce and 
the human condition.

                             AGENCY SUMMARY

    The Committee recommendation includes $17,768,967,000 for 
NASA, $154,767,000 above the request and $459,567,000 above the 
fiscal year 2008 enacted level. Funding included in this Act 
provides for continued efforts to fly the Shuttle as safely as 
possible until its retirement in 2010; to complete the 
international space station; continue the lunar return program 
having the maximum possible utility for later missions to Mars 
and other destinations; to advance knowledge in the fundamental 
disciplines of aeronautics and develop technologies for safer 
aircraft and higher capacity air systems; to further 
understanding of the Earth, its climate, its connections among 
the other planets and stars, and the origin and evolution of 
planetary systems and the origin and distribution of life in 
the universe; and to inspire and educate students at all levels 
to pursue careers in the fields of science, technology, 
engineering and mathematics.
    Pursuant to direction contained in the Fiscal Year 2008 
Consolidated Appropriations Act, NASA's appropriations are now 
requested in seven appropriations accounts rather than in three 
accounts as in previous years. Thus, the fiscal year 2009 
budgets for NASA's programs and projects are requested only in 
terms of direct cost, and not the additional indirect costs 
associated with operating NASA's centers, safety and mission 
success, and Agency management and operations. The direct 
budgets continue to reflect labor and travel costs associated 
with each program and project. The indirect costs are now 
budgeted solely within the Cross-Agency Support account, and 
not in NASA's programs and projects. The Committee will 
continue to work with NASA to ensure that these changes--the 
result of Congressional direction--and other directives 
included herein provide greater transparency to NASA's 
stakeholders and improve program costs, review and oversight.
    Reporting of cost, schedule and content for NASA research 
and development projects.--In fiscal year 2008, nearly 70 
percent of NASA's major projects in development (or 8 of 12 
projects in the implementation phase) are in breach of the 
project's development cost and/or schedule thresholds. To 
better understand the underlying issues common to NASA's 
performance on major projects and to develop a process for 
identifying corrective action, the Fiscal Year 2008 
Consolidated Appropriations Act mandated the Government 
Accountability Office to report on the status of large-scale 
NASA programs, projects and activities. The Committee expects 
this report to be delivered to the Congress semiannually, the 
first of which shall be delivered in advance of the annual 
budget submission of the President for fiscal year 2010. To 
that end, the Committee directs NASA to cooperate fully and to 
provide timely program analysis, evaluation data and relevant 
information to the GAO so that it can conduct this review and 
meet the annual Congressional mandate. Such information 
includes, but is not limited to, copies of preliminary cost 
estimates, access to relevant online agency applications, 
databases, and web portals, and access to information from 
contractor and agency personnel.
    Breach reporting.--Pursuant to section 108 of Public Law 
109-155, the NASA Authorization Act of 2005, NASA is required 
to deliver several reports to the appropriate authorizing 
committees when project costs grow in excess of certain 
thresholds. The Committee asks that NASA submit concurrently to 
the House and Senate Committees on Appropriations the reports 
required by section 108 of Public Law 109-155.
    Space Shuttle transition and retirement costs.--The 
Committee notes that yet again the budget does not include the 
full and detailed costs associated with transitioning Space 
Shuttle assets and facilities to the next generation of human 
space flight systems. While NASA asserts that it has a 
strategic approach in place to carry out the complex transition 
safely and effectively, NASA has been unable or unwilling to 
produce detailed fiscal estimates of the total and annual costs 
associated with Shuttle transition and retirement by fiscal 
year, mission directorate, activity and object class. According 
to NASA officials, the Agency's estimates of the full content 
and cost for Space Shuttle transition and retirement, including 
transition of assets and facilities, will be reflected for the 
first time in NASA's fiscal year 2010 budget submission to 
Congress. These assurances have been made for each of the last 
several years. The Committee understands that the bulk of 
transition and retirement funding will be included in the Space 
Shuttle program portion of NASA's budget request. However, 
based on GAO briefings, the Committee expects that the broad 
scope of transition and retirement activities will involve many 
actors across NASA, both intrinsic to and external of the Space 
Shuttle program. To ensure the Committee has a complete 
accounting of the full costs associated with Space Shuttle 
transition and retirement, the Committee directs NASA to 
include in its estimate:
          (1) not only those funds necessary within the Space 
        Shuttle program, but all funds needed outside the Space 
        Shuttle program that are necessary to support Space 
        Shuttle transition and retirement activities;
          (2) funds necessary under Cross-Agency Support needed 
        to support transition and retirement, including 
        environmental compliance and remediation, of the Space 
        Shuttle program;
          (3) the gross and net proceeds from exchange sales of 
        excess Space Shuttle equipment;
          (4) the costs to maintain required facilities at 
        Kennedy Space Center during the gap in human 
        spaceflight;
          (5) the costs associated with preservation of 
        historic properties; and
          (6) the costs of workforce transition.
    Accordingly, the Committee recommendation includes a 
provision that requires NASA to provide by November 1, 2008, to 
the Committees on Appropriations of the Senate and the House of 
Representatives a report detailing the total and annual costs 
by fiscal year of Space Shuttle transition and retirement 
costs. Such data shall be presented for fiscal years 2006 
through 2015 by mission directorate, program, activity and 
object class.
    Reprogramming procedures.--As noted earlier in this report, 
the Committee continues to have a particular interest in being 
fully informed of reprogrammings which, although they may not 
change either the total amount available in an account or the 
general purposes for which the funds are available, represent a 
departure from the explicit budget plans presented within the 
annual congressional justifications and approved or modified by 
the House and Senate Committee on Appropriations through the 
annual appropriations process. The Committee is concerned that 
movements of funds above the de minimis levels specified in 
section 505 of this Act may be occurring without Congressional 
notification. That section requires notification to the House 
and Senate Committees on Appropriations of deviations from the 
budgeted and appropriated levels specified for all programs, 
projects and activities. To clarify the level at which 
reprogramming actions are to be measured, the Committee has 
chosen to include by mission directorate a summary table 
delineating each program, project and activity against which 
the reprogramming thresholds are to be measured. This display 
in no way curtails NASA's current flexibility in managing its 
diverse portfolio of research and development and operational 
programs. Rather, it will require NASA to inform the Committee 
on any deviations, subject to the thresholds specified in 
section 505 of this Act, from the levels explicit in the 
agency's budget justification, as adjusted for congressional 
action, as shown in the accompanying summary table. The 
Committee's recommendation for NASA is delineated more fully in 
the table below and in the account summaries.

PROGRAMS, PROJECTS, AND ACTIVITIES OF THE NATIONAL AERONAUTICS AND SPACE
                             ADMINISTRATION
                            (Dollars in 000s)
------------------------------------------------------------------------
                                                           Recommended
------------------------------------------------------------------------
                       SCIENCE MISSION DIRECTORATE
------------------------------------------------------------------------
Earth Science:
    Earth Science Research:
        Research and Analysis.........................          $245,669
        Computing and Management......................           104,913
        Airborne Science..............................            26,271
        Near Earth Object Observations................             3,701
    Earth Systematic Missions:
        Global Precipitation Measurement (GPM)........           125,841
        Glory Mission.................................            46,672
        Landsat Data Continuity Mission...............           159,380
        NPOESS Preparatory Project....................            94,410
        Decadal Survey Missions.......................           153,202
        Ocean Surface Topography Mission..............             8,040
        Other Missions and Data Analysis..............           177,370
    Earth System Science Pathfinder:
        Orbiting Carbon Observatory (OCO).............            23,227
        Aquarius......................................            29,102
        Other Missions and Data Analysis..............            29,363
    Earth Science Multi-Mission Operations............           140,519
    Earth Science Technology:
        Advanced Technology Initiatives...............             8,325
        Instrument Incubator..........................            25,866
        Advanced Info Systems Technology..............            11,896
    Applied Sciences: Pathways........................            33,839
            Subtotal, Earth Science...................         1,447,606
Planetary Science:
    Planetary Science Research:
        Planetary Science Research and Analysis.......           142,381
        Lunar Science Research........................           105,000
        Operating Missions and Analysis...............            19,529
        Education and Directorate Management..........             3,900
    Discovery:
        GRAIL.........................................           122,383
        Moon Mineralogy Mapper........................             2,701
        Discovery Future..............................            50,448
        Discovery Research............................            18,816
        Operating Missions and Data Analysis..........            52,618
    New Frontiers:                                               263,930
        Juno..........................................           244,959
        Other Missions and Data Analysis..............            18,971
    Mars Exploration:
        2009 Mars Science Lab.........................           300,000
        Mars Scout (2013).............................             6,697
        Mars Research and Analysis....................            24,938
        Operating Missions and Data Analysis..........           131,559
        Outer Planets.................................           101,089
        Technology....................................            64,927
                                                       -----------------
            Subtotal, Planetary science...............         1,410,916
Astrophysics:
    Astrophysics Research:
        Astrophysics Research and Analysis............            61,377
        Balloon Project...............................            24,607
        Operating Missions and Data Analysis..........            66,307
    Cosmic Origins:
        Hubble Space Telescope........................           161,945
        James Webb Space Telescope....................           394,933
        Stratospheric Observatory for Infrared                    72,823
         Astronomy (SOFIA)............................
        SIRTF/Spitzer.................................            71,720
        Astrophysics Future Missions..................             3,000
    Physics of the Cosmos:
        Gamma-ray Large Space Telescope (GLAST).......            23,155
        Joint Dark Energy Mission (JDEM)..............             8,500
        Herschel......................................            27,152
        Planck........................................             9,444
        Other Missions and Data Analysis..............            88,786
    Exoplanet Exploration:
        Kepler........................................            25,193
        Other Missions and Data Analysis..............            52,912
    Astrophysics Explorer:                                        89,127
        Wide--Field Infrared Survey Explorer..........            65,222
        NuStar........................................            41,500
        Operating Missions and Data Analysis..........            23,905
                                                       -----------------
            Subtotal, Astrophysics....................         1,180,981
Heliophysics:
    Heliophysics Research:
        Heliophysics Research and Analysis............            33,922
        Sounding Rockets..............................            45,100
        ACE...........................................             4,020
        Operating Missions and Data Analysis..........            71,452
        Research Range................................            18,300
        GSFC Building Support.........................            12,000
    Living with a Star:
        Solar Dynamics Observatory....................            24,051
        Radiation Belt Storm Probes...................           164,442
        Solar Probe...................................            18,000
        Balloon Array for Radiation...................               944
        Other Missions and Data Analysis..............            44,394
    Solar Terrestrial Probes:
        Magnetospheric Multiscale.....................           107,582
        Other Missions and Data Analysis..............            28,490
    Heliophysics Explorer Program:                                41,291
        Interstellar Boundary Explorer................             9,490
        Other Missions and Data Analysis..............            31,801
    New Millennium:                                                4,297
                                                       -----------------
            Subtotal, Heliophysics....................           618,285
            Unallocated adjustment reflecting                   -181,269
             carryover................................
                                                       =================
                Total, Science Mission Directorate....         4,518,019
------------------------------------------------------------------------
                               AERONAUTICS
------------------------------------------------------------------------
 Aviation Safety:
    Integrated Vehicle Health Management..............            19,707
    Aging Aircraft....................................            10,601
    Integrated Resilient Aircraft Control.............            17,110
    Integrated Intelligent Flight Deck Technologies...            15,216
    Additional investments in multi-year NextGen                   8,000
     activities.......................................
Airspace Systems:
    NextGen--Airspace.................................            61,279
    NextGen--Airportat................................            13,287
    Additional investments in multi-year NextGen                  30,000
     activities.......................................
Fundamental Aeronautics:
    Subsonic--Rotary Wing.............................            25,778
    Subsonic--Fixed Wing..............................           134,927
    Supersonics.......................................            43,956
    Hypersonics.......................................            57,283
Aeronautics Test Program:
    Aero Ground Test Facilities.......................            48,219
    Flight Operations and Test Infrastructure.........            25,637
    Additional investments in multi-year NextGen                   4,000
     activities.......................................
                                                       -----------------
                Total, Aeronautics....................           515,000
------------------------------------------------------------------------
                 EXPLORATION SYSTEMS MISSION DIRECTORATE
------------------------------------------------------------------------
Constellation Systems:
    Constellation Systems Program:
        Program Integration and Operations............           748,178
        Crew Exploration Vehicle......................         1,101,436
        Crew Launch Vehicle...........................         1,018,515
        Cargo Launch Vehicle..........................             6,979
    Commercial Crew and Cargo: COTS                              153,045
                                                       -----------------
            Subtotal, Constellation systems...........         3,028,153
Advanced Capabilities:
    Human Research Program:
        ISS Medical Project...........................            19,945
        Research Infusion Projects....................           131,938
    Exploration Technology Development:
        ISS Research..................................            50,000
        Technology Infusion Projects..................           219,316
    Lunar Precursor Robotic Program:                              56,334
        Lunar Precursor Robotic Program Management....            16,380
        Lunar Reconnaissance Orbiter..................            39,954
                                                       -----------------
            Subtotal, Advanced capabilities...........           477,533
                                                       =================
                Total, Explorations Systems...........         3,505,686
------------------------------------------------------------------------
                  SPACE OPERATIONS MISSION DIRECTORATE
------------------------------------------------------------------------
Space Shuttle:
    Program integration...............................           489,618
    Flight and Ground Operations......................         1,031,220
    Flight Hardware...................................         1,460,886
International Space Station:
    ISS Operations....................................         1,755,362
    ISS Cargo Crew Services...........................           304,800
Space and Flight Support (SFS):
     Space Communications and Navigation:
        Space Communications Networks.................           363,521
        Space Communications Support..................            65,402
        TDRS Replenishment............................           154,000
    Launch Services...................................            89,558
    Rocket Propulsion Testing.........................            41,772
    Crew Health & Safety..............................             8,571
                                                       -----------------
            Total, Space Operations...................         5,764,710
------------------------------------------------------------------------
                                EDUCATION
------------------------------------------------------------------------
Elementary and Secondary Education....................            24,000
Competitive Educational Grant Program.................            25,000
E-Education...........................................             6,000
MUREP.................................................            28,200
Higher Education......................................            14,000
EPSCoR................................................            24,000
 NASA Space Grant.....................................            40,000
Global Climate Change Education.......................            13,000
Science Museums and Planetarium Grants................            13,000
                                                       -----------------
            Total, Education..........................           187,200
------------------------------------------------------------------------
                      CROSS-AGENCY SUPPORT PROGRAMS
------------------------------------------------------------------------
Center Management and Operations:
    Facility Services.................................           480,089
    Environmental Management..........................            28,316
    Institutional Administration......................           584,988
    Safety and Mission Assurance......................            43,527
    SMA Technical Authority...........................            25,378
    Science & Engineering.............................           206,387
    Center Investments Account........................            81,322
    Test Services.....................................            16,905
    Information Services..............................           255,747
    Security Program..................................           110,787
    Fabrication.......................................             7,028
    Other Personnel Costs.............................            76,118
    Technical Excellence..............................           116,999
Agency Management and Operations:
Agency Management.....................................           357,927
Safety and Mission Success:
    Safety and Mission Assurance......................            42,942
    Chief Engineer....................................            87,027
    Chief Health and Medical Officer..................             4,112
    Independent Verification and Validation...........            38,347
Agency IT Services (AITS):
    IT Management.....................................            24,168
    Applications......................................            61,370
    Infrastructure....................................            78,373
Innovative Partnerships Program:
    Small Business Innovative Research................           117,857
    Small Business Technology Transfer Research.......            14,143
    Partnership Development...........................            24,096
    SBIR-STTR--Program Support........................             9,134
Strategic Capabilities Assets Program:
    Simulators........................................            11,500
    Thermal Vacuum Chambers...........................             7,209
    Arc Jets..........................................             9,291
Institutional Investments:
    Institutional Construction of Facilities..........           218,901
    Environmental Compliance and Restoration..........            74,764
Congressionally-directed Items........................            30,000
                                                       -----------------
        Total, Cross-Agency Support Programs..........         3,244,752
------------------------------------------------------------------------
Inspector General.....................................            33,600
------------------------------------------------------------------------
        Total, NASA...................................        17,768,967
------------------------------------------------------------------------

                                SCIENCE




Fiscal Year 2008 enacted..............................             (\1\)
Fiscal Year 2009 request..............................    $4,441,519,000
Recommended in the bill...............................     4,518,019,000
Bill compared with:
    Fiscal Year 2008 enacted..........................             (\1\)
    Fiscal Year 2009 request..........................      +76,500,000

\1\The FY 2008 Omnibus Appropriations Act directed NASA to modify the
  agency's FY 2009 appropriations account structure from three accounts
  (Science, Aeronautics and Exploration; Exploration Capabilities and
  Inspector General) to seven accounts. For comparability purposes,
  $4,706,178,000 was allocated for such activities in fiscal year 2008.

    This appropriation provides for the full costs associated 
with the science activities of the agency, which consist of the 
programs, or themes, within the Science Mission Directorate. 
The full costs include all labor, travel, procurement, test and 
fabrication costs to execute these programs, which provide for 
all of the research; development; operations; salaries and 
related expenses; design, repair, rehabilitation, modification 
of facilities, and construction of new facilities; and other 
general and administrative activities supporting the themes 
within this account. NASA's Science Mission Directorate 
encompasses four themes: Earth Science, Planetary Science, 
Heliophysics, and Astrophysics. The Directorate seeks to answer 
fundamental questions concerning the ways in which Earth's 
climate is changing; the comparison of Earth with other planets 
in the solar system and around other stars; the connections 
among the Sun, Earth, and heliosphere; and the origin and 
evolution of planetary systems, the galaxy, and the universe, 
including the origin and distribution of life in the universe. 
The Directorate achieves its objectives through robotic flight 
missions, ground-based scientific research and data analysis, 
and the development of new technologies for future missions.
    For fiscal year 2009, the Committee recommends 
$4,518,019,000, an increase of $76,500,000 over the budget 
request. The recommendation makes the following adjustments to 
the budget request:




Glory mission.........................................      +$17,000,000
Landsat data continuity mission.......................       +20,000,000
Decadal survey missions...............................       +50,000,000
Orbiting carbon observatory...........................        -2,200,000
Aquarius..............................................        -4,700,000
Mars exploration: Mars science laboratory.............       +76,669,000
Hubble space telescope................................        +7,000,000
James Webb space telescope............................       +23,000,000
Astrophysics exoplanet exploration: other missions and       +30,000,000
 data analysis........................................
Radiation belt storm probes...........................       +10,000,000
Solar Probe...........................................       +18,000,000
Magnetospheric multiscale.............................       +13,000,000
Unallocated adjustment reflecting carryover...........      -181,269,000


    Project cost increases.--The Committee is aware that the 
Glory mission, the Mars Science Laboratory and the Hubble space 
telescope are experiencing costs growths in fiscal years 2008 
and 2009, and that the James Webb space telescope requires 
additional resources to cover its reserves. Accordingly, the 
Committee includes additional resources of $17,000,000 for the 
Glory mission; $76,669,000 for the Mars Science Laboratory; and 
$23,000,000 for the James Webb space telescope for fiscal year 
2009. To accommodate these cost requirements in fiscal year 
2009, the Committee recommends offsetting unspecified 
reductions in the science portfolio totaling $181,269,000, 
recognizing NASA's plans to carry-over from fiscal year 2008 
sufficient unobligated balances to cover these cost 
requirements. The Committee directs NASA in its initial 
operating plan for fiscal year 2009 to identify only funding 
sources that do not result in the delay or cancellation of 
missions in development or the cancellation of any selected 
projects, and shall not identify any increases above the 
request expressly provided by Congress.
    Other adjustments.--Adjustments to the budget request for 
the orbiting carbon observatory (OCO), Aquarius, radiation belt 
storm probes and magnetospheric multiscale reflect anticipated 
adjustments NASA intends to make in its initial fiscal year 
2009 operating plan.
    Landsat data continuity mission.--An additional $20,000,000 
is provided to initiate development of a thermal infra-red 
sensor (TIRS) to ensure data continuity for critical 
measurements made by this Landsat sensor for scientific 
research and water management applications. NASA is directed to 
identify the earliest and least expensive development approach 
and flight opportunity for the TIRS, either through 
accommodation on the Landsat data continuing mission or through 
an alternative platform, and submit a report ton to the House 
and Senate Committees on Appropriations.
    Decadal survey missions.--The National Academy of Sciences 
released the inaugural Earth Science and Applications Decadal 
Survey in 2007. This report recommends 15 new space missions 
for NASA to undertake in the decade from 2010 to 2020, in three 
phases. The Fiscal Year 2008 Consolidated Appropriations Act 
provided $33,000,000 to initiate these missions. The fiscal 
year 2009 budget request provides $103,202,000 and a total of 
$910,000,000 to conduct five missions through the period 2013. 
NASA has announced plans to initiate two missions: SMAP to be 
launched in 2010 and ICESat II for 2015. The overall Earth 
Science Decadal Mission plan, assuming the funds projected to 
be available, will only accomplish one-third of the recommended 
missions during the period stated by the National Academy of 
Sciences. The Global Climate Observing System science community 
has identified 26 essential climate variables that should be 
measured simultaneously and on a sustained basis. The budget 
profile for developing Earth science missions cannot meet the 
need for developing and demonstrating space-based climate 
measurements. Accordingly, the Committee recommends an 
additional $50,000,000 to accelerate and achieve a level of 
system development more consistent with the National Academy of 
Sciences' recommendations.
    Mars exploration.--The Committee commends NASA for its 
robotic Mars exploration program, but does not agree with the 
NASA's fiscal year 2009 budget request, which drastically 
reduces one of the Agency's most successful programs. The 
recent landing of the Phoenix spacecraft on Mars demonstrates 
that the United States is the undisputed leader in Mars 
exploration, and this program must be maintained at a level to 
continue U.S. leadership and major accomplishments. This 
program also plays a key role in training a new generation of 
engineers and scientists through its continuing major 
scientific discoveries and public engagement. The Committee 
continues to support a robust Mars exploration program with a 
rate of at least one mission at every opportunity (every 26 
months, except 2011). Full funding is provided to continue 
operating current missions (Odyssey, Mars Reconnaissance 
Orbiter, Spirit and Opportunity and now Phoenix), complete the 
Mars Science Lab (MSL) for launch in 2009, and Scout in 2013. 
Additional funds are provided above the request to cover fiscal 
year 2009 costs of the MSL overruns and to ensure integrity of 
the 2009 launch date. MSL is critical to setting the scientific 
focus for the next decade's mission portfolio, especially a 
future Mars sample return mission, by proving critical 
technologies such as high-mass landing and sample handling 
systems, and in the reconstitution of the Mars program.
    The Committee applauds NASA's recent engagement of the Mars 
community to define missions for the next decade that will lead 
to a Mars sample return early in the 2020s. This proactive 
approach has been successful in the past and should be 
continued. Consistent with NASA's science strategy, NASA should 
redefine out-year budget profiles for the Mars exploration 
program to begin definition and technology investments for the 
next decade, to support a lander mission for launch in 2016, 
and follow-on missions for launch in 2018 and 2020, to support 
operating missions, and to plan for development of a sample 
return mission in the 2020 decade. NASA should consider 
augmenting technology to be demonstrated as part of the 2013 
Scout. Special emphasis should also be placed on technology 
that maintains landing systems capabilities that are applicable 
for a Mars Sample Return Mission. Finally, the Committee 
recognizes the importance of small, competitively selected 
missions such as Mars Scout, and recommends that NASA include 
additional Mars Scout missions beyond 2013.
    Outer planets.--The Committee remains supportive of NASA's 
plans to conduct an outer planet flagship mission in 
cooperation with the European community with a launch as soon 
as practicable. The Committee looks forward to a more detailed 
plan and projected launch date as part of the fiscal year 2010 
budget.
    Astrophysics exoplanet exploration, other missions and data 
analysis.--The Committee commends NASA for starting a budget 
line for exoplanet missions, as exploring neighboring planetary 
systems is of high scientific and public interest. The 
Committee understands that NASA is assessing lower cost 
versions of the Space Interferometry Mission (SIM) and 
continues to complete the detailed formulation phase (including 
cost and implementation plan) of a ``SIM-Lite'' mission that 
would meet the requirements laid out in the two most recent 
decadal surveys for an astrophysics mission. The study of a 
number of Earth-like exoplanet detection techniques will be 
guided by the Astronomy and Astrophysics Advisory committee 
report. To continue these efforts, the Committee recommends 
provides an increase of $30,000,000 over the budget request.
    Solar Probe.--Solar Probe is a critical component of NASA's 
Living with a Star program, which seeks to study and better 
understand the effects of the Sun on the Earth, for which the 
Committee provides $18,000,000 in fiscal year 2009.
    Ocean vector wind study.--Within the funds appropriated, 
NASA shall, working with NOAA, undertake a study to evaluate 
satellite and non-satellite alternatives for generating 
SeaWinds-like ocean wind data.

                              AERONAUTICS




Fiscal Year 2008 enacted..............................             (\1\)
Fiscal Year 2009 request..............................      $446,500,000
Recommended in the bill...............................       515,000,000
Bill compared with:
    Fiscal Year 2008 enacted..........................             (\1\)
    Fiscal Year 2009 request..........................      +68,500,000

\1\The FY 2008 Omnibus Appropriations Act directed NASA to modify the
  agency's FY 2009 appropriations account structure from three accounts
  (Science, Aeronautics and Exploration; Exploration Capabilities and
  Inspector General) to seven accounts. For comparability purposes,
  $511,706,000 was allocated for such activities in fiscal year 2008.

    This appropriation provides for the full costs associated 
with the aeronautics activities of the agency, which consist of 
the programs, or themes, within the Aeronautics Mission 
Directorate. The full costs include all labor, travel, 
procurement, test and fabrication costs to execute these 
programs, which provide for all of the research; development; 
operations; salaries and related expenses; design, repair, 
rehabilitation, modification of facilities, and construction of 
new facilities; and other general and administrative activities 
supporting the themes within this account. NASA's Aeronautics 
Research Mission Directorate is committed to expanding the 
boundaries of aeronautical knowledge for the benefit of the 
Nation and the broad aeronautics community. NASA conducts 
cutting-edge research that includes foundational research 
across a number of core competencies that support aeronautics 
and space exploration activities; research in key areas related 
to the development of advanced aircraft technologies and 
systems, including those related to aircraft safety, 
environmental compatibility, and fuel efficiency; and research 
that supports the Next Generation Air Transportation System in 
partnership with the Joint Planning and Development Office.
    The report of the President's Commission on the Future of 
the United States Aerospace Industry and the recent National 
Research Council Assessment of NASA's aeronautics technology 
programs conclude that robust investments are critical to 
maintain the United States' leadership in aeronautics. The 
level proposed by the Administration for aeronautics research 
will ensure that the United States will not remain a world 
leader in aeronautical science and technology for either civil 
or military applications. While competition from abroad 
expands, the reductions in Federal investments proposed in the 
budget request cannot be sustained. Accordingly, the Committee 
recommends a total of $515,000,000, an increase of $68,500,000 
over the budget request and $3,294,000 over the comparable 
fiscal year 2008 enacted level.
    The bill provides $68,500,000 over the budget request 
specifically for additional investments in research and 
development to plan for and implement the Next Generation Air 
Transportation System (NextGen) and to further research and 
development in ``green'' aircraft. The congressional 
augmentation is to be expended to support multi-year NextGen 
investments, engage stakeholders and to develop a more 
diversified portfolio in terms of the stage of technology 
developed; research and development activities to be funded by 
this augmentation shall not be selected solely based on one 
year's funding availability. The Committee fully expects that 
these investments shall serve as ``seed money'' upon which 
subsequent funding requirements and requests are based. The 
Committee directs the Aeronautics Research Mission Directorate 
to provide to the Committees on Appropriations of the House and 
Senate in NASA's initial fiscal year 2009 operating plan a 
proposed expenditure analysis of the congressional augmentation 
to ensure that this investment of funds is devoted to long-
term, multi-year research and development activities to support 
NextGen technology needs and solutions and ``green'' aircraft. 
Additional investments in multi-year activities are to be 
distributed as follows:




Aviation safety.......................................       +$8,000,000
Airspace systems......................................       +30,000,000
Fundamental aeronautics: subsonic fixed wing..........       +26,500,000
Aeronautics test program..............................        +4,000,000


                              EXPLORATION




Fiscal Year 2008 enacted..............................             (\1\)
Fiscal Year 2009 request..............................    $3,500,469,000
Recommended in the bill...............................     3,505,686,000
Bill compared with:
    Fiscal Year 2008 enacted..........................             (\1\)
    Fiscal Year 2009 request..........................       +5,217,000

\1\The FY 2008 Omnibus Appropriations Act directed NASA to modify the
  agency's FY 2009 appropriations account structure from three accounts
  (Science, Aeronautics and Exploration; Exploration Capabilities and
  Inspector General) to seven accounts. For comparability purposes,
  $3,143,083,000 was allocated for such activities in fiscal year 2008.

    This appropriation provides for the full costs associated 
with the exploration activities of the agency, which consist of 
the programs, or themes, within the Exploration Mission 
Directorate. The full costs include all labor, travel, 
procurement, test and fabrication costs to execute these 
programs, which provide for all of the research; development; 
operations; salaries and related expenses; design, repair, 
rehabilitation, modification of facilities, and construction of 
new facilities; and other general and administrative activities 
supporting the themes within this account. The Exploration 
Systems Mission Directorate was established to realize the 
Vision for Space Exploration. Exploration Systems includes two 
themes that work together to enable sustainable exploration and 
scientific discovery in the solar system: Constellation Systems 
and Advanced Capabilities.
    Through Constellation Systems, NASA will develop, 
demonstrate, and deploy the transportation, life support, and 
surface systems that will enable sustained human and robotic 
exploration of the Moon, Mars, and beyond. Human exploration 
will enable scientific activities and discoveries not 
obtainable with robotic explorers. Initial capabilities include 
the Orion crew exploration vehicle that will transport and 
support crews traveling beyond low Earth orbit, and the Ares I 
launch vehicle for transporting Orion into space. Following the 
development of these initial capabilities, Constellation 
Systems will develop capabilities to support a human mission to 
the lunar surface by 2020. These capabilities include the Ares 
V heavylift launch vehicle, leveraging engineering design and 
capabilities from the Shuttle program; an Earth departure stage 
to propel Orion from low Earth to lunar orbit; a lunar surface 
access module to safely transport astronauts to and from the 
lunar surface; and systems, capabilities, and support for 
extended human stays on the lunar surface. Future development 
will provide crew, cargo transportation, and destination 
support capabilities required for human exploration of Mars and 
beyond.
    The Advanced Capabilities theme consists of three programs: 
the lunar precursor robotic program, the exploration technology 
development program, and the human research program. Activities 
within these programs help prepare for human lunar exploration, 
test new technologies that enable exploration, and further 
understanding of the effects of space on human performance. The 
lunar precursor robotic program is developing a precursor 
mission to characterize the lunar environment. The lunar 
reconnaissance orbiter and lunar crater observing and sensing 
satellite, scheduled to launch in October 2008, will seek to 
find safe landing sites, locate potential resources, 
characterize the radiation environment, and demonstrate new 
technology. The lunar precursor robotic program will work with 
the Science Mission Directorate and international partners on 
future missions to ensure that NASA gains the data it needs for 
safe and cost-effective future exploration.
    For fiscal year 2009, the Committee recommendation includes 
$3,505,686,000, an increase of $5,217,000 over the budget 
request, and $362,603,000 over comparable fiscal year 2008 
enacted levels.
    International Space Station (ISS) research.--The Committee 
provides an increase of $25,217,000 over the budget request for 
ISS research, for a total of $50,000,000 in fiscal year 2009. 
These funds support the study of life and physical sciences 
phenomenon in microgravity, as well as in the partial gravity 
environments of the Moon and Mars.
    Commercial orbital transportation services.--NASA's 
commercial orbital transportation services (COTS) projects are 
intended to facilitate U.S. private industry's development of 
cargo and crew space transportation capabilities with the goal 
of demonstrating reliable, cost-effective access to low Earth 
orbit. The COTS program for both cargo and crew missions seeks 
to enable NASA to operate affordably and utilize fully the 
International Space Station for science and engineering 
research once the Space Shuttle has retired, using a range of 
new commercial cargo and crew service transportation 
capabilities and creating a marketplace for commercial cargo 
and crew services that may change the economics of space 
activities for public and private benefit.
    For fiscal year 2009, the Committee provides a total of 
$153,045,000 for the COTS program, a reduction of $20,000,000 
from the request. The recommended reduction is taken without 
prejudice to the program, and is based on NASA's estimated 
expenditures for fiscal year 2009 while accounting for program 
management costs and anticipated payments to industry partners 
who successfully meet milestones in current Space Act 
agreements. The Committee continues to support the COTS program 
as a critical element in achieving NASA's vision for space 
exploration. The funding provided in should enable NASA to 
shorten the projected five-year gap in the U.S. cargo carriage 
capabilities (between Shuttle retirement and functionality of 
the new crew exploration vehicle) and, thereby, minimize 
dependence on the Russian Progress or other non-U.S. launch 
vehicles and spacecraft.

                            SPACE OPERATIONS




Fiscal Year 2008 enacted..............................             (\1\)
Fiscal Year 2009 request..............................    $5,774,710,000
Recommended in the bill...............................     5,764,710,000
Bill compared with:
    Fiscal Year 2008 enacted..........................             (\1\)
    Fiscal Year 2009 request..........................      -10,000,000

\1\The FY 2008 Omnibus Appropriations Act directed NASA to modify the
  agency's FY 2009 appropriations account structure from three accounts
  (Science, Aeronautics and Exploration; Exploration Capabilities and
  Inspector General) to seven accounts. For comparability purposes,
  $5,526,157,000 was allocated for such activities in fiscal year 2008.

    This appropriation provides for the full costs associated 
with the space operations activities of the agency, which 
consist of the programs, or themes, within the Space Operations 
Mission Directorate. The full costs include all labor, travel, 
procurement, test and fabrication costs to execute these 
programs, which provide for all of the research; development; 
operations; salaries and related expenses; design, repair, 
rehabilitation, modification of facilities, and construction of 
new facilities; and other general and administrative activities 
supporting the themes within this account. Funding in this 
account is provided for the International Space Station and 
related activities, and the Space Shuttle program. The Shuttle 
program will support the Space Operations and Exploration 
Systems Mission Directorates to leverage select Shuttle flight 
hardware and ground systems to advance the development of the 
Orion crew exploration vehicle, the Ares I crew launch vehicle, 
and the Ares V heavy lift launch vehicle. In fiscal year 2009, 
funding for the agency's space communications and navigation 
infrastructure will be consolidated within the Space 
Operations' Office of Space Communications and Navigation to 
transition to a unified mission support architecture to better 
serve Exploration requirements. For fiscal year 2009, the 
Committee recommendation includes $5,764,710,000, a decrease of 
$10,000,000 below the request and $238,553,000 over comparable 
fiscal year 2008 enacted levels. The bill includes provisions 
providing specific amounts for Space Shuttle, International 
Space Station and Space and Flight support activities.
    Shuttle logistics flights.--In the wake of the Space 
Shuttle Columbia accident, the Committee appreciates NASA's 
desire to restrict the number of Space Shuttle missions to only 
those necessary to complete assembly of the International Space 
Station and a final servicing mission of the Hubble Space 
Telescope. The first priority for Space Shuttle flights is to 
support a robust and viable International Space Station to 
fulfill our Nation's commitments to our international partners 
and justify our Nation's sizable investment in this research 
facility. Thus, funding is provided within the Space Shuttle 
program to plan and carry out, as part of the Space Shuttle's 
baseline manifest, the two logistics missions (ULF-4 and ULF-5) 
that NASA has planned and funded, provided these missions can 
be flown before 2011 and the NASA Administrator certifies to 
the Congress prior to each of these missions being carried out 
that those missions are necessary and can be safely conducted.
    The appropriate authorizing committees of the House and 
Senate have viewed the inclusion of a hard retirement date of 
the Space Shuttle as a potential problem, and the House's NASA 
reauthorization bill, requires the Space Shuttle be retired 
following completion of the flight manifest, including the 
missions directed by Congress. The Committee concurs with this 
position and, tfore, anticipates that NASA shall retire the 
Space Shuttle after completion of the flight manifest.
    Alpha magnetic spectrometer (AMS).--NASA shall not take any 
action prior to 18 months preceding the anticipated retirement 
of the Space Shuttle in 2010 that would otherwise preclude the 
delivery of the AMS to the International Space Station.
    Launch services.--The Committee has provided a total of 
$89,558,000 for launch services, $10,000,000 less than the 
budget request. The Committee has deferred funding specifically 
requested to mitigate the out-year costs of launch 
infrastructure and repairs as NASA has indicated to the 
Committee that it has not made a final determination of the 
allocation or phasing of the use of these funds. Once 
identified, should NASA determine that the cost-benefit of 
proceeding with these activities is of high-priority, the 
Committee will consider a reprogramming within the funds 
provided for this account or from within the Cross-Agency 
Support account for the construction of facilities.

                               EDUCATION




Fiscal Year 2008 enacted..............................             (\1\)
Fiscal Year 2009 request..............................      $115,600,000
Recommended in the bill...............................       187,200,000
Bill compared with:
    Fiscal Year 2008 enacted..........................             (\1\)
    Fiscal Year 2009 request..........................      +71,600,000

\1\The FY 2008 Omnibus Appropriations Act directed NASA to modify the
  agency's FY 2009 appropriations account structure from three accounts
  (Science, Aeronautics and Exploration; Exploration Capabilities and
  Inspector General) to seven accounts. For comparability purposes,
  $146,776,000 was allocated for such activities in fiscal year 2008.

    This appropriation provides for the full costs associated 
with the education activities of the agency, which consist of 
the programs, or themes, within the Education Mission 
Directorate. The full costs include all labor, travel, and 
procurement costs to execute these programs, which provide for 
all general and administrative activities supporting this 
mission. NASA's Education program works to inspire and educate 
students at all levels to pursue careers in the fields of 
science, technology, engineering, and mathematics, while also 
engaging the education community to reach this goal. The 
Education portfolio demonstrates a commitment to science, 
technology, engineering and mathematics education to ensure 
that the next generation of explorers and innovators is fully 
prepared to join NASA's workforce while contributing to 
national needs. NASA's objectives are to (1) provide elementary 
and secondary students and teachers with NASA-related education 
opportunities; (2) support higher education research capability 
and opportunities that attract and prepare students and faculty 
for NASA-related careers; (3) provide students, teachers, 
faculty and researchers from underrepresented and underserved 
communities with opportunities in NASA-related science and 
technology fields; (4) and increase student, teacher and public 
access to NASA education resources by developing and deploying 
innovative technology applications platforms. NASA engages the 
public in shaping and sharing the experience of exploration and 
discovery by improving public understanding of science and 
technology, including NASA aerospace technology, research and 
exploration missions.
    The Committee rejects the Administration's proposal to cut 
NASA's education programs from comparable fiscal year 2008 
enacted levels. The 2005 National Academies' report, Rising 
Above the Gathering Storm noted that the scientific and 
technological building blocks of the United States' economic 
leadership are eroding at a time when other nations are 
gathering strength. The necessary key identified in the report 
is to improve America's talent pool by vastly improving 
Kindergarten through twelfth grade science and mathematics 
education. In addition, a recent congressionally-mandated task 
force found that by the end of this year, over one-quarter of 
the U.S. aerospace workforce will be eligible to retire, with 
too few engineers graduating from college to replace them. A 
continuing dearth of students and graduates in math, science 
and engineering cannot be sustained. Short-term cuts in 
education programs have long-term effects. Accordingly, for 
fiscal year 2009, the Committee recommends $187,200,000, an 
increase of $71,600,000 over the budget request. Funds provided 
in this appropriation are to be allocated as follows:




Elementary and secondary education....................       $24,000,000
Competitive educational grant program.................        25,000,000
E-Education...........................................         6,000,000
MUREP.................................................        28,200,000
Higher education......................................        14,000,000
EPSCoR................................................        24,000,000
National Space Grant College and Fellowship program...        40,000,000
Global climate change education.......................        13,000,000
Science museums and planetarium grants................        13,000,000


    National Space Grant College and Fellowship program.--For 
this program, the Committee provides a total of $40,000,000, 
which will fund 40 states or jurisdictions at $815,000 each and 
12 states or jurisdictions at $615,000 each.

                     CROSS-AGENCY SUPPORT PROGRAMS




Fiscal Year 2008 enacted..............................             (\1\)
Fiscal Year 2009 request..............................    $3,299,902,000
Recommended in the bill...............................     3,244,752,000
Bill compared with:
    Fiscal Year 2008 enacted..........................             (\1\)
    Fiscal Year 2009 request..........................      -55,150,000

\1\ The FY 2008 Omnibus Appropriations Act directed NASA to modify the
  agency's FY 2009 appropriations account structure from three accounts
  (Science, Aeronautics and Exploration; Exploration Capabilities and
  Inspector General) to seven accounts. For comparability purposes,
  $3,242,900,000 was allocated for such activities in fiscal year 2008.

    This appropriation provides for the agency supporting 
functions associated with the science, aeronautics, education, 
space operations and exploration activities of the agency. This 
account provides for the research; development; operations; 
salaries and related expenses; design, repair, rehabilitation, 
modification of facilities, and construction of new facilities; 
and other general and administrative activities supporting the 
themes within the five other program accounts. Cross-Agency 
Support provides a strategic focus for managing agency mission 
support functions and some of NASA's unique research 
facilities. This budget area consists of three themes: center 
management and operations; agency management and operations; 
and institutional investments. The center management and 
operations theme includes the basic costs to manage and operate 
each of the nine NASA field centers and to maintain the 
technical capabilities required to support the agency's 
mission. This budget theme is not directly identified or 
aligned to a specific program or project requirement, but is 
necessary for efficient and effective administration and 
operation of the NASA centers. The agency management and 
operations theme provides for the management and oversight of 
agency missions, functions, and the performance of some agency-
wide activities and unique research capabilities and 
facilities. Theme responsibilities include the determination of 
programs and projects; establishment of management policies, 
procedures, and performance criteria; evaluation of progress; 
and the coordination and integration of all phases of the 
agency's mission. The five major programs included in this 
theme are agency management, safety and mission success, agency 
IT services, innovative partnerships program, and strategic 
capability asset program. The institutional investments theme 
provides for design and execution of non-programmatic discrete 
and minor revitalization construction of facilities projects, 
facility demolition projects, and environmental compliance and 
restoration activities.
    For fiscal year 2009, the bill provides $3,245,252,000, 
$55,150,000 below the budget request. The Committee 
recommendation provides for the following allocation of funds 
within cross-agency support programs:




Center management and operations......................    $2,033,591,000
Agency management and operations......................       887,496,000
Institutional investments.............................       293,665,000
Congressionally-designated items......................        30,000,000


    Agency management and operations.--The Committee recommends 
the following adjustments to the budget request:




Budget request........................................      $945,646,000
Recommended adjustments:
    Agency management.................................       -56,650,000
    Safety and mission success: Independent                   +9,000,000
     verification and validation......................
    Innovative partnership programs...................       -10,500,000
                                                       -----------------
        Total, agency management and operations.......       887,496,000


    Agency management.--The Committee recommends a reduction of 
$56,650,000 from the budget estimate for agency management. The 
recommended level of $372,300,000 provides an inflationary 
increase of 3 percent over the fiscal year 2008 enacted level 
for comparable activities. The Committee asserts that a 
proposed increase of nearly 14 percent for headquarters 
management cannot be justified when direct labor costs budgeted 
in the mission directorates are inflated by only single-digit 
inflationary adjustments.
    Safety and mission success.--The Committee recommends a 
total of $172,428,000, an increase of $9,000,000 over the 
budget estimate, for safety and mission success. These funds 
shall be available for NASA's overall software assurance and 
risk management strategy to ensure the correctness and quality 
of critical and complex software systems. Within the funds 
provided for independent verification and validation, 
$5,000,000 shall be available for the development of 
competitive verification and validation research tools and 
technologies and $33,347,000 shall be available for the 
independent verification and validation program.
    Innovative partnerships.--The budget proposed funding for 
several programs, including future centennial challenges, 
investment seed fund, facilitated access to space environment 
for technology development and training (FAST), and innovation 
transfusion. The Committee recommendation does not provide 
resources for these activities in fiscal year 2009 as no funds 
were allocated for these programs in the preceding year.
    Institutional investments.--Within the funds provided, the 
Committee recommends not more than $13,700,000 for facility 
planning and design, an increase of $900,000, or 7 percent, 
over last year's level and $10,000,000 below the budget 
request. In addition, the Committee reduces funds planned for 
minor revitalization of facilities at various locations (less 
than $500,000) by $4,850,000 and reallocates such funds to 
fully fund the repair and construction of the consolidated 
information technology center at Dryden Flight Research Center 
(DFRC). This transfer reflects NASA's planned execution of 
repair and construction at DFRC in fiscal year 2009.
    Further, the Committee recommends $24,000,000 for the 
collaborative support facility (Building N232) at Ames Research 
Center (ARC), $5,000,000 less than requested. The 
recommendation recognizes that ARC recently executed an 
enhanced use lease, resulting in unanticipated receipts in 
fiscal years 2008 and 2009 to offset, in part, the necessary 
appropriations request for the planned facility.
    Congressionally-directed items.--Within the appropriation 
for cross-agency support programs, the Committee recommendation 
provides for the following Congressionally-directed activities:


                      OFFICE OF INSPECTOR GENERAL




Fiscal Year 2008 enacted..............................       $32,600,000
Fiscal Year 2009 request..............................        35,500,000
Recommended in the bill...............................        33,600,000
Bill compared with:
    Fiscal Year 2008 enacted..........................        +1,000,000
    Fiscal Year 2009 request..........................        -1,900,000


    The Inspector General Act of 1978 established the Office of 
Inspector General. The Office's mission is to prevent and 
detect crime, fraud, waste, abuse, and mismanagement while 
promoting economy, effectiveness, and efficiency with NASA. The 
Committee recommendation includes $33,600,000 for the Office of 
Inspector General, $2,900,000 above the fiscal year 2008 
enacted level and $1,900,000 below the budget estimate.

                       ADMINISTRATIVE PROVISIONS

    The bill includes a provision that provides that for any 
funds appropriated to the National Aeronautics and Space 
Administration under this title for any account other than for 
the Office of the Inspector General for which obligations are 
incurred for construction of facilities or environmental 
compliance and restoration activities shall be available until 
expended. This provision does not apply to amounts appropriated 
for institutional minor revitalization and minor construction 
of facilities, and institutional facility planning and design.
    The bill includes a provision that funds for announced 
prizes otherwise authorized shall remain available until 
expended, until the prize is claimed or the offer withdrawn.
    The bill includes a provision that establishes thresholds 
for the transfer of funds.
    The bill includes a provision prohibiting the use of funds 
to implement any reduction in force or other involuntary 
separations (except for cause) by NASA prior to September 30, 
2009.
    The bill includes a provision that provides for the 
transfer of balances under the old appropriations account 
structure to the new appropriations account structure.
    The bill includes a provision that requires NASA to submit 
by November 1, 2008, a report detailing by mission directorate, 
fiscal year and object class costs expended to date and 
required for Space Shuttle retirement and transition activities 
for fiscal years 2006 through 2015.
    The bill includes a provision that limits in fiscal year 
2009 the number of non-career full-time equivalent positions in 
NASA to 48 and prohibits the detail of any such personnel 
covered by this provision to be assigned on temporary detail 
outside NASA.
    The Committee does not recommend language requested by the 
Administration that would clarify that obligations incurred in 
certain appropriations accounts that were executed with proper 
legal authority during the period of fiscal years 2001 through 
2009, and that have not been cancelled, would remain available 
through fiscal year 2015 for the closeout of all Space Shuttle 
contracts and associated programs. NASA has yet to delineate 
fully the scope as well as annual and total costs of Space 
Shuttle retirement and transition activities, and until such 
time as it does, the Committee believes such a proposal is 
premature and unjustified.

                      National Science Foundation





Fiscal Year 2008 enacted..............................    $6,065,000,000
Fiscal Year 2009 request..............................     6,854,100,000
Recommended in the bill...............................     6,854,100,000
Bill compared with:
    Fiscal Year 2008 enacted..........................      +789,100,000
    Fiscal Year 2009 request..........................  ................


    Established in 1950, the National Science Foundation's 
(NSF) primary purpose is to develop and implement a national 
policy on science, and support and promote basic research and 
education in the sciences. Working at the leading edge of the 
U.S. science and engineering enterprise, NSF provides nearly 
half of the federal investment in non-medical research at 
academic institutions and supports science and mathematics 
education at all levels. NSF investments in research and 
education have returned exceptional dividends to the American 
people. At the same time, new opportunities exist to make 
progress in meeting pressing national needs in energy, health, 
security and the environment, as well as to resolve 
longstanding dilemmas of global scope. Continued excellence in 
fundamental research and education is important to sustain 
innovation and sharpen the Nation's competitive edge.
    For fiscal year 2009, the Committee recommendation provides 
a total of $6,854,100,000 for the National Science Foundation, 
the same level as the budget request and $789,100,000 over the 
fiscal year 2008 enacted level. This recommendation represents 
an increase of 13 percent over last year and further represents 
the Congress' commitment to robust investments in science and 
technology.
    Public awareness of NSF-sponsored research.--The Committee 
encourages the NSF to maximize the communication and open 
exchange of data and results that flow from research that is 
funded by NSF appropriations, consistent with existing Federal 
law. Specifically, the Committee expects the NSF to partner 
with grantees to expand the visibility to the public of NSF-
sponsored research, especially through the Internet. NSF is the 
principal Federal agency charged with promoting science and 
engineering education, and increasing the public awareness of 
NSF's high-risk, high-reward research activities will 
contribute to the development of the future science and 
technology workforce.
    The Committee's recommendation for the National Science 
Foundation by account follows.

                    RESEARCH AND RELATED ACTIVITIES




Fiscal Year 2008 enacted..............................    $4,821,474,000
Fiscal Year 2009 request..............................     5,593,990,000
Recommended in the bill...............................     5,544,140,000
Bill compared with:
    Fiscal Year 2008 enacted..........................      +722,666,000
    Fiscal Year 2009 request..........................       -49,850,000


    The Research and Related Activities appropriation enables 
the United States to provide leadership and promote progress 
across the expanding frontiers of scientific and engineering 
research and education. This appropriation provides resources 
for NSF's major research activities, which include biological 
sciences; computer and information science and engineering; 
engineering; geosciences; mathematical and physical sciences; 
social, behavioral, and economic sciences; Office of 
International Science and Engineering; U.S. polar research 
programs; U.S. Antarctic logistical support activities; 
integrative activities, including the Experimental Program to 
Stimulate Competitive Research (EPSCoR); Office of 
Cyberinfrastructure; and the U.S. Arctic Research Commission. 
The Committee recommends $5,544,140,000 for research and 
related activities, an increase of $722,666,000 over the fiscal 
year 2008 enacted level and $49,850,000 below the budget 
request. The Committee notes that the reduction from the budget 
request for research and related activities has been 
reallocated to education and human resources and highlights the 
importance the Committee places on investments in science and 
mathematics education as a complement to scientific and 
engineering research.
    Investments in all science disciplines.--The budget 
proposes an 8.5 percent increase for the social, behavioral and 
economic sciences directorate compared to increases of 20 
percent for the mathematical and physical sciences, engineering 
and computer sciences directorates. While the American 
Competitiveness Initiative--this Administration's agenda--
identifies measurable increases for these particular sciences, 
the America COMPETES Act--a statute in law--includes language 
that the Director shall give priority in the allocation of 
Foundation resources to research activities that can be 
expected to make contributions in physical or natural science, 
technology, engineering, social sciences, or mathematics, or 
that enhance competitiveness, innovation, safety, and security 
in the United States. The Committee notes that Rising Above the 
Gathering Storm states that it should not be a ``disinvestment 
in such important fields as the life and social sciences.'' The 
research portfolio for the social and behavioral sciences is as 
varied as the physical and natural sciences, focusing on such 
areas as climate change, risk assessment, economic and 
political laboratories, virtual centers and learning language. 
Further, if part of keeping America competitive in the 21st 
century involves, as Thomas Friedman points out in The World is 
Flat, the innumerable individual and societal choices that are 
made with regard to where people study, work and live, their 
economic decisions, their educational progress, and the 
influences of culture, the key to American competitiveness is 
understanding individual and societal behavior. Accordingly, 
the Committee believes that the proposed increases across the 
science directorates are inconsistent with prior direction of 
Congress and others' findings, and therefore, directs the 
Foundation to provide a more balanced allocation of its 
resources across the science directorates in its fiscal year 
2009 program.
    In addition, the NSF is encouraged to invest in cost-
effective and innovative solutions, such as grid computing, to 
address the Nation's cyber infrastructure needs.
    Icebreaking.--In fiscal year 2006, the Committee on 
Appropriations approved an Administration request for the then-
primary user of the icebreakers, the NSF, to fund the costs of 
operating and maintaining three Coast Guard polar icebreakers 
(Healy, Polar Sea and the Polar Star) and to decide how these 
aging vessels are used. The Committee questions whether this 
arrangement should continue today as the national interest in 
the polar regions extends well beyond science. Accordingly, the 
Committee directs the NSF and the Coast Guard to renegotiate 
the existing arrangement so that operating and maintenance 
funding is contained within the Coast Guard's fiscal year 2010 
budget request, consistent with a new joint plan for Coast 
Guard support of NSF and other scientific research, which is 
also to be included in the fiscal year 2010 budget request. NSF 
shall retain funding for contracting out scientific support 
services that Coast Guard cannot perform or cannot provide on a 
cost-competitive basis.
    For fiscal year 2009, the Committee recommends a total of 
not to exceed $540,000,000 for polar research and operations 
support, of which $54,000,000 shall be for icebreaking services 
and $9,000,000 for other icebreaking costs, as requested. The 
bill does not include funds to continue in caretaker status the 
Polar Star, as costs for this activity are assumed within the 
funds provided to the Coast Guard.
    Experimental Program to Stimulate Competitive Research 
(EPSCoR).-- EPSCoR's mission is to assist the Foundation in its 
statutory function to strengthen research and education 
throughout the United States and to avoid undue concentration 
of such research and education. The first EPSCoR program was 
initiated by the National Science Foundation in 1979, with 
planning grants to seven states. Today, EPSCoR and EPSCoR-like 
programs are found in six additional Federal agencies: the 
National Institutes of Health, the National Aeronautics and 
Space Administration, the Environmental Protection Agency and 
the departments of Defense, Energy and Agriculture. Today, the 
27 EPSCoR jurisdictions that participate in the Federal-wide 
program account for 20 percent of the U.S. population, 25 
percent of the research/doctoral institutions, and 18 percent 
of the employed scientists and engineers; and yet, they are not 
full partners in the science and technology enterprise.
    Within the funds provided for Research and Related 
Activities, $133,000,000 is provided for EPSCoR in fiscal year 
2009, as authorized by law, an increase of $19,500,000 above 
the budget estimate. These funds shall be available to increase 
co-funding by $5,000,000 and to increase research 
infrastructure improvement (RII) awards by $14,000,000. The NSF 
is directed to (1) supplement RII awards for cyber 
infrastructure investment; (2) beginning in fiscal year 2009, 
phase in increases in RII awards to 5 year/$5,000,000 per year 
awards, by making new awards of $4,000,000 in fiscal year 2009 
and to supplement awards made in fiscal year 2008 for cyber 
infrastructure investments, actions recommended by the 2006 
EPSCoR 2020 Workshop Report; and (3) report to the Committees 
on Appropriations of the House and Senate not later than 
January 1, 2009, on its plans and efforts undertaken to comply 
with the aforementioned directives. The Committee further 
directs that not less than $660,000,000 shall be available for 
NSF investments/activities in the EPSCoR jurisdictions in 
fiscal year 2009 and that annual increases in NSF investments 
in EPSCoR jurisdictions shall be proportional to the annual 
growth in the overall research and related activities 
appropriation.
    NSF-wide investments.--The Committee is supportive of many 
of the NSF-wide investments identified in the request, 
including cyber-enabled discovery and innovation, dynamics of 
water processing, science and engineering beyond Moore's law, 
plant genome and oceans research and approves the levels for 
each of these investments at the levels contained in the budget 
request. The Committee, however, does not provide resources for 
adaptive systems technology.

          MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION




Fiscal Year 2008 enacted..............................      $220,740,000
Fiscal Year 2009 request..............................       147,510,000
Recommended in the bill...............................       147,510,000
Bill compared with:
    Fiscal Year 2008 enacted..........................       -73,230,000
    Fiscal Year 2009 request..........................  ................


    The Major Research Equipment and Facilities Construction 
(MREFC) appropriation provides funding for the construction and 
acquisition of major research facilities that provide unique 
capabilities at the cutting edge of science and engineering. 
Operations and maintenance costs of the facilities are provided 
through appropriations made to Research and Related Activities 
(R&RA). For fiscal year 2009, the Committee recommendation 
includes $147,510,000, a decrease of $73,230,000 from the 
fiscal year 2008 enacted level and the same level as the budget 
request.
    The appropriation includes funding for the following major 
projects:

AdvLigo.................................................     $51,430,000
Atacama Large Millimeter Array (ALMA)...................      82,250,000
IceCube Neutrino Observatory............................      11,330,000

    Several projects for which appropriations have been 
provided in previous years are currently undergoing final 
design and cost baseline reviews. Pending these reviews, the 
Committee does not recommend funding in this Act. This 
recommendation is made without prejudice to any project. 
However, to continue these projects in fiscal year 2009, 
pending final determination of their cost reviews, funding is 
provided within the R&RA account for concept and development in 
the following amounts, by project:

National Ecological Observatory Network (NEON)..........     $26,040,000
Ocean Observatories Initiative (OOI)....................      10,500,000

    In addition, funding for design work for the advanced 
technology solar telescope is assumed within the amounts 
provided for R&RA, as discussed below.
    Cost overruns and management improvements in determining 
project costs.--The Committee is supportive of NSF's efforts in 
improving its costs analysis on its major projects. Over the 
recent years, many major construction projects have experienced 
schedule delays and increased costs. As a result, those 
overruns have forced NSF to borrow against other accounts, and 
have contributed to scope changes that weaken a project's 
scientific capabilities that were used initially to justify the 
investment. In addition, NSF is implementing a ``no cost 
overrun'' policy, which will require that cost estimates 
developed at the preliminary design stage have adequate 
contingency to cover all foreseeable risks, and that any cost 
increases not covered by contingency be accommodated by 
reductions in scope. These changes will bring NSF's practices 
more in line to those in place at other federal agencies, such 
as the Department of Energy and the National Aeronautics and 
Space Administration.
    Funding design activities within MREFC.--The Committee does 
not recommend language proposed by the Administration that 
would permit the use of funds provided within this 
appropriation for design activities. Costs associated with 
design of major research equipment and facilities are currently 
included within the R&RA account. The use of MREFC funding for 
design and other construction activities is a principal focus 
of ongoing reviews of the MREFC processes by NSF management and 
the National Science Board. The Committee believes that this 
proposal needs to be further examined by the NSF and the 
National Science Board, and, if advocated by these entities, 
considered by the appropriate authorizing committees of 
Congress.

                     EDUCATION AND HUMAN RESOURCES




Fiscal Year 2008 enacted..............................      $725,600,000
Fiscal Year 2009 request..............................       790,410,000
Recommended in the bill...............................       840,260,000
Bill compared with:
    Fiscal Year 2008 enacted..........................      +114,660,000
    Fiscal Year 2009 request..........................       +49,850,000


    The Foundation's Education and Human Resources activities 
support all levels of education and training from pre-
Kindergarten through career development; promotes public 
understanding of science, mathematics, engineering and 
technology; and ensures the United States has world-class 
scientists, mathematicians and engineers. This appropriation 
supports a cohesive and comprehensive set of activities that 
encompass every level of education and every region of the 
country. The major components of this directorate include 
research and learning in formal and informal settings; 
undergraduate education; graduate education; and human resource 
development.
    The Committee recommendation provides $840,260,000 for 
education and human resources, an increase of $114,660,000 over 
the fiscal year 2008 enacted level and $49,850,000 over the 
budget request. Adjustments to the budget request are as 
follows:




Graduate research fellowships.........................       -$9,700,000
Robert Noyce Scholarship Program......................       +38,400,000
Undergraduate/graduate student support programs.......          +650,000
Graduate teaching fellowships in K-12.................          +500,000
Math and science partnership..........................       +10,000,000
Climate change education program......................       +10,000,000


    Graduate research fellowships.--The Committee 
recommendation provides $107,000,000, an increase of 
$18,900,000 over the fiscal year 2008 level and $9,700,000 
below the budget request. While the Committee is supportive of 
the graduate research fellowships program, the budget request 
is in excess of the authorized level by $9,500,000. The 
Committee recommends that the funds requested in excess of the 
authorization be provided for other worthy programs in the 
education and human resources portfolio.
    Robert Noyce Scholarships.--The National Academies' Rising 
Above the Gathering Storm discussed the importance of expanding 
programs to enhance the undergraduate education of the future 
science and engineering workforce. The Robert Noyce Scholarship 
program encourages talented science, technology, engineering 
and mathematics (STEM) undergraduate students and postgraduate 
professionals to become K-12 mathematics and science teachers. 
Given the importance of this activity, the Committee 
recommendation provides an increase of $38,400,000 over the 
budget request for a total program level of $50,000,000 in 
fiscal year 2009.
    Undergraduate/graduate student support programs.--A total 
of $87,500,000 is recommended for undergraduate/graduate 
student support programs for fiscal year 2009, an increase of 
$650,000 over the budget request and $4,150,000 over the fiscal 
year 2008 level. Funding of $42,500,000 is provided for the 
Louis Stokes Alliances for Minority Participation (LSAMP); 
$31,500,000 is provided for the Historically Black Colleges and 
Universities Undergraduate Program (HBCU-UP) and $13,500,000 is 
provided for the Tribal Colleges and Universities Program 
(TCUP).
    Graduate teaching fellowships in K-12.--The Committee 
recommends a total of $49,500,000 for Graduate teaching 
fellowships in K-12 for fiscal year 2009, an increase of 
$2,500,000 over the current level and $500,000 over the budget 
request. This program provides for the most promising science, 
mathematics and engineering students in the U.S. for a broad 
range of disciplinary and cross-disciplinary careers.
    Math and science partnership (MSP) program.--The math and 
science partnership program was established in 2002 to 
integrate the work of higher education and K-12 education to 
strengthen and reform mathematics and science education. Recent 
assessment data on MSP projects indicate that the program has 
been effective in increasing student performance at the 
elementary, middle and high school levels. For MSP, a total of 
$61,000,000 is recommended for fiscal year 2009, an increase of 
$12,500,000 over the fiscal year 2008 level and $10,000,000 
over the budget request.
    Climate change education program.--The National Academies' 
Earth Science and Applications from Space: National Imperatives 
for the Next Decade and Beyond noted that the training of 
future scientists needed to interpret observations and apply 
data and measurements into knowledge and information is 
critical. Consistent with the Academies' findings, the 
Committee provides $10,000,000 for education and training in 
the use of Earth observations and information derived from 
those observations. The Foundation is directed to work with the 
National Academies in the development of a plan for the 
distribution and effective use of these funds.

                 AGENCY OPERATIONS AND AWARD MANAGEMENT




Fiscal Year 2008 enacted..............................      $281,790,000
Fiscal Year 2009 request..............................       305,060,000
Recommended in the bill...............................       305,060,000
Bill compared with:
    Fiscal Year 2008 enacted..........................       +23,270,000
    Fiscal Year 2009 request..........................  ................


    The Agency Operations and Award Management appropriation 
includes funding for staff salaries, benefits, staff travel, 
training, rent, information technology, administrative 
contractual services, supplies, equipment and other operating 
expenses necessary for management of NSF's research and 
education activities. This appropriation supports full-time 
equivalents, provides for current administrative services and 
enhances the agency's investment in information technology to 
increase productivity. For fiscal year 2009, the Committee 
recommendation provides $305,060,000, the same level as the 
budget estimate and $23,270,000 over the fiscal year 2008 
enacted level.
    Cost sharing policies.--In a February 2008 report of the 
National Science Board, the Board recommended that the National 
Science Foundation should reinstate mandatory cost sharing for 
the engineering research centers program, the experimental 
program to stimulate competitive research (EPSCoR) and the 
industry/university cooperative research centers program, 
noting that cost sharing is foundational to strategic 
programmatic goals. The Committee expects the NSF to notify the 
House and Senate Committees on Appropriations 90 days prior to 
changing its existing cost sharing policies, and to include in 
any new policy directive measures to mitigate effects on 
grantees, particularly on minority serving institutions.

                  OFFICE OF THE NATIONAL SCIENCE BOARD




Fiscal Year 2008 enacted..............................        $3,969,000
Fiscal Year 2009 request..............................         4,030,000
Recommended in the bill...............................         4,030,000
Bill compared with:
    Fiscal Year 2008 enacted..........................           +61,000
    Fiscal Year 2009 request..........................  ................


    The Office of the National Science Board, established in 
1950, establishes policies and assesses the quality, relevance 
and performance of the National Science Foundation's awards and 
capital investments. In addition, the Board provides advice to 
the executive branch and Congress on matters of science and 
engineering policy. For fiscal year 2009, the recommendation 
provides $4,030,000, the same as the budget request and $61,000 
above the fiscal year 2008 enacted level.

                      OFFICE OF INSPECTOR GENERAL




Fiscal Year 2008 enacted..............................       $11,427,000
Fiscal Year 2009 request..............................        13,100,000
Recommended in the bill...............................        13,100,000
Bill compared with:
    Fiscal Year 2008 enacted..........................        +1,673,000
    Fiscal Year 2009 request..........................  ................


    The Office of the Inspector General was established to 
promote economy, efficiency and effectiveness in administering 
the Foundation's programs; to detect and prevent waste, fraud 
or abuse within the Foundation or by individuals that request 
or receive National Science Foundation funding; and to identify 
and resolve cases of misconduct in science. For fiscal year 
2009, the Committee recommends $13,100,000, the same as the 
budget estimate and an increase of $1,673,000 over the fiscal 
year 2008 level. The Committee recommends $13,100,000, the same 
level as the budget request and $1,673,000 over the fiscal year 
2008 enacted level. The funds provided are available for one 
year.

                       TITLE IV--RELATED AGENCIES


                       Commission on Civil Rights


                         SALARIES AND EXPENSES




Fiscal Year 2008 enacted..............................        $8,460,000
Fiscal Year 2009 request..............................         8,800,000
Recommended in the bill...............................         8,800,000
Bill compared with:
    Fiscal Year 2008 enacted..........................          +340,000
    Fiscal Year 2009 request..........................  ................


    The Commission on Civil Rights was established by the Civil 
Rights Act of 1957 and is directed by eight part-time 
Commissioners. The Commission was created to protect the civil 
rights of people within the United States and was intended to 
be an independent, bipartisan, fact-finding agency. The 
Commission investigates charges of citizens being deprived of 
voting and other civil rights and collects, studies, and 
disseminates information on the impact of Federal laws and 
policies on civil rights.
    The Committee recommends $8,800,000 for the salaries and 
expenses of the Commission on Civil Rights, which is $340,000 
above the fiscal year 2008 enacted level and equal to the 
request. The Committee continues to have deep reservations 
about the Commission's current capacity and commitment to 
fulfilling its civil rights mission in a fair and effective 
manner. Within 60 days of enactment of this Act, the Commission 
is directed to report to the House and Senate Committees on 
Appropriations on the fiscal year 2009 budget and activities of 
the regional offices and the State Advisory Committees, as well 
as on the procedures to ensure transparency and the 
participation of all Commissioners in the preparation and 
review of all reports and briefing papers.

                Equal Employment Opportunity Commission


                         SALARIES AND EXPENSES




Fiscal Year 2008 enacted..............................      $329,300,000
Fiscal Year 2009 request..............................       341,925,000
Recommended in the bill...............................       350,425,000
Bill compared with:
    Fiscal Year 2008 enacted..........................       +21,125,000
    Fiscal Year 2009 request..........................        +8,500,000


    The Equal Employment Opportunity Commission (EEOC) has 
jurisdiction over employment discrimination issues within the 
Federal government and also for private employers, State and 
local agencies, employment services and labor organizations. 
The EEOC receives, reviews, investigates and processes charges 
of employment discrimination and files discrimination suits. 
The EEOC also provides guidance and information to both 
employers and employees concerning their rights and 
responsibilities under applicable laws. For fiscal year 2009, 
the Committee recommends $350,425,000, which is $8,500,000 over 
the budget request.
    Backlog reduction.--The Committee remains very concerned 
about the rising charge backlog at the EEOC. The backlog at the 
end of fiscal year 2007 was 54,970 charges, a 37 percent 
increase over the backlog at the end of the previous fiscal 
year. The EEOC estimates that the charge backlog will be 66,976 
at the end of fiscal year 2008 and 75,000 at the end of fiscal 
year 2009. With the workload increasing drastically, staff 
levels, particularly among front line staff such as 
investigators and attorneys, have been inadequate to reduce or 
contain the backlog. Consequently, the Committee recommends an 
increase of $9,545,000 to begin addressing this problem and 
directs the EEOC to report to the House and Senate Committees 
on Appropriations within 60 days of the enactment of this Act 
with a comprehensive plan for backlog reduction. The plan 
should address future resource requirements and hiring needs, 
including new staff to fill EEOC's 231 existing ``unfunded'' 
full-time equivalent positions and any additional hires needed 
to counterbalance the coming wave of employee retirements, as 
necessary.
    Accuracy of workload projections.--The Committee questions 
the accuracy of the EEOC's future workload projections because 
the assumptions underlying those projections appear overly 
optimistic. The EEOC is using assumptions on case resolutions, 
for example, that significantly exceed the rate of resolution 
actually achieved in recent years. These discrepancies become 
particularly apparent when the projections in the Inventory and 
Resolutions Workload Table are compared to midyear data that 
EEOC collects and distributes internally. The EEOC is urged to 
further refine its projections (which are a major factor in 
calculating the estimated charge backlog for a given year) by 
calibrating them with actual data, such as those available 
through the annual midyear review.
    National Contact Center transition.--Last fiscal year, the 
EEOC migrated its customer service operation from the 
contractor-based National Contact Center (NCC) to an in-house 
call intake function. The Committee strongly supported this 
migration, and the fiscal year 2009 recommendation reiterates 
this support by including $3,635,000 for call processing 
personnel and information technology expenses. In order to 
ensure that callers being handled by the new in-house customer 
response function are receiving service that is equal to or 
better than the service that was received through the NCC, the 
EEOC is directed to report to the House and Senate Committees 
on Appropriations on comparative customer satisfaction data no 
later than 60 days after the enactment of this Act. The report 
should also include a cost-benefit analysis of hiring higher 
credentialed employees for the call intake function, which 
might provide more substantive assistance to callers and 
resolve a greater number of calls at the first point of 
contact.
    State, local and tribal assistance.--The Committee 
recommends $28,000,000 for payments to State and local Fair 
Employment Practice Agencies (FEPAs) and Tribal Employment 
Rights Organizations (TEROs). This will provide the FEPAs and 
TEROs with a level of support that is comparable to assistance 
received in fiscal year 2008. The Committee is aware that EEOC 
is looking at actual processing costs per charge for the FEPAs 
and TEROs, which will inform future decisions about the level 
of reimbursement provided to these agencies. EEOC is directed 
to submit its findings on state, local and tribal per charge 
costs to the House and Senate Committees on Appropriations when 
that data becomes available.
    Outreach.--The Committee does not accept EEOC's proposal to 
reduce its outreach budget by $1,500,000. EEOC should be doing 
more, not less, to reach underserved communities and other 
vulnerable populations to educate them about their workplace 
rights.
    Restructuring.--The Committee is aware of EEOC's continuing 
efforts to restructure various portions of its operations, 
including EEOC headquarters and parts of the federal operations 
office. Experiences during the field office restructuring 
process raised significant issues relating to EEOC's 
restructuring goals and have caused the Committee hesitation 
with respect to ongoing restructuring efforts. As a result, the 
Committee continues a provision from last year requiring EEOC 
to notify the Congress via reprogramming procedures prior to 
implementing any repositioning, restructuring or reorganization 
within the agency.

                     International Trade Commission


                         SALARIES AND EXPENSES




Fiscal Year 2008 enacted..............................       $68,400,000
Fiscal Year 2009 request..............................        73,600,000
Recommended in the bill...............................        75,100,000
Bill compared with:
    Fiscal Year 2008 enacted..........................        +6,700,000
    Fiscal Year 2009 request..........................        +1,500,000


    The International Trade Commission is an independent, 
quasi-judicial agency responsible for conducting trade-related 
investigations; providing the Congress and the President with 
independent, expert technical advice to assist in the 
development and implementation of U.S. international trade 
policy; responding to the Congress and the President on various 
matters affecting international trade; maintaining the 
Harmonized Commodity Description and Coding System of 
internationally accepted product nomenclature; providing 
technical assistance to eligible small businesses seeking 
remedies and benefits under the trade laws; and performing 
other specific statutory responsibilities ranging from research 
and analysis to quasi-judicial functions on trade-related 
matters.
    The Committee recommends $75,100,000 for the International 
Trade Commission (ITC) for fiscal year 2009, which is 
$6,700,000 above fiscal year 2008 and $1,500,000 above the 
request. The Committee is concerned that the ITC's increasing 
section 337 intellectual property investigations workload is 
outstripping available resources. This funding will allow ITC 
to hire a sixth administrative law judge, lease additional 
courtroom space, and cover necessary renovation costs.

                       Legal Services Corporation


               PAYMENT TO THE LEGAL SERVICES CORPORATION




Fiscal Year 2008 enacted..............................      $350,490,000
Fiscal Year 2009 request..............................       311,000,000
Recommended in the bill...............................       390,000,000
Bill compared with:...................................
    Fiscal Year 2008 enacted..........................       +39,510,000
    Fiscal Year 2009 request..........................       +79,000,000


    The Legal Services Corporation (LSC) is a private, non-
profit corporation that provides low-income individuals with 
access to legal assistance and information concerning civil 
legal problems. Created in 1974, the LSC is charged by Congress 
to provide assistance to those who would otherwise be unable to 
afford adequate legal counsel.
    The Committee strongly supports the LSC's mission ``to 
promote equal access to justice in our Nation.'' The 
recommendation includes $390,000,000 for the LSC, which is 
$39,510,000 above fiscal year 2008 enacted level and 
$79,000,000 over the request.
    The Committee commends LSC for its efforts to close the 
``justice gap'' in America, and encourages LSC's initiatives to 
help eligible families affected by the national mortgage 
crisis.
    Within the total provided, $366,838,000 is for grants to 
basic field programs and required independent audits; 
$3,162,000 is for the Office of Inspector General; $16,000,000 
is for management and administration; $3,000,000 is for client 
self-help and information technology; and $1,000,000 is for 
loan repayment assistance.
    Current LSC locality pay represents reasonable compensation 
for LSC officers and employees, and a provision is included to 
authorize the continuation of locality pay.

          ADMINISTRATIVE PROVISION--LEGAL SERVICES CORPORATION

    The Committee recommendation includes bill language to 
continue similar statutory requirements and restrictions 
contained in previous appropriations Acts.

                        Marine Mammal Commission


                         SALARIES AND EXPENSES




Fiscal Year 2008 enacted..............................        $2,820,000
Fiscal Year 2009 request..............................         2,400,000
Recommended in the bill...............................         3,200,000
Bill compared with:
    Fiscal Year 2008 enacted..........................          +380,000
    Fiscal Year 2009 request..........................          +800,000


    The Marine Mammal Commission and its Committee of 
Scientific Advisors on Marine Mammals are charged with 
overseeing and advising on domestic and international actions 
to further the policies and provisions of the Marine Mammal 
Protection Act. The Commission provides objective, science-
based advice to the Congress and the Executive Branch on issues 
related to the protection of marine mammals.
    The number of issues affecting marine mammal conservation 
has grown over the past three decades and the Committee 
recognizes these increasing responsibilities of the Commission. 
As such, the Committee recommendation includes $3,200,000 for 
the necessary expenses, including the hiring of two additional 
FTEs, for the Marine Mammal Commission. This amount is $380,000 
above the current year level and $800,000 above the request. 
The Committee has provided this increase to allow the 
Commission to address various challenges including the effects 
of and adaptation to climate change and the study of endangered 
species. The additional FTEs would be responsible for 
monitoring oil and gas issues such as the expansion of 
exploration and clean-up of oil spills on ice as well as 
emerging fishery issues.
    The Committee understands that marine mammals in polar 
regions are particularly vulnerable to the effects of climate 
change due to the expected reduction in sea ice and subsequent 
changes in ecosystem biodiversity and structure. Many of these 
animals are poorly studied and already may be experiencing 
serious effects from climate change. The Commission has 
initiated a project to develop monitoring strategies for Arctic 
marine mammals and the Committee supports efforts to complete 
this work and then to shift focus to development of mitigation 
efforts.
    The Committee expects the Commission to continue its 
efforts to minimize the direct and indirect effects of 
fisheries, noise, disease, chemical contaminants, harmful algal 
blooms, climate change, habitat alteration, boating and 
commercial shipping, marine debris, and other factors that may 
pose a risk of sublethal and lethal effects on marine mammals 
or that may affect the health and stability of the marine 
ecosystem.

           National Veterans Business Development Corporation


                         SALARIES AND EXPENSES




Fiscal Year 2008 enacted..............................        $1,410,000
Fiscal Year 2009 request..............................  ................
Recommended in the bill...............................         3,200,000
Bill compared with:
    Fiscal Year 2008 enacted..........................        +1,790,000
    Fiscal Year 2009 request..........................        +3,200,000


    The National Veterans Business Development Corporation 
(TVC) was established by Public Law 106-50 to foster 
entrepreneurship and business opportunities for veterans, 
including access to capital, surety bonding, training, 
mentoring and markets. The TVC provides members of the Guard 
and Reserves and their families with pre/post-deployment 
assistance to preserve family-owned businesses. Since its 
original authorization, TVC has adapted its programs and 
services to an environment that not only includes veterans from 
prior conflicts, but an increasing number of young, many 
disabled, technologically savvy veterans of Operations Enduring 
Freedom and Iraqi Freedom.
    The Committee recommendation includes $3,200,000 in total 
resources for the programs of the TVC for fiscal year 2009, 
which is $1,790,000 above fiscal year 2008. The President's 
budget did not include funding for the TVC.
    The Committee, however, is concerned that the management 
and administrative funds retained by the Washington, DC office 
are excessive, which has the effect of limiting resources 
allocated to Veterans Business Resource Centers (VBRC) in the 
nation. Tfore, the Committee directs that not less than 
$250,000 be allocated to the existing three VBRCs.
    The Committee directs the TVC to submit a spending plan to 
the House and Senate Committees outlining the allocation of 
funding provided in this bill. The plan shall describe the 
level of funding proposed for overhead costs, salary and 
benefits, as well as its regional operations of its community-
based organizations (CBOs). The Committee directs the TVC to 
report to the Committees no later than 30 days after the 
enactment of this Act, and on a quarterly basis thereafter.

            Office of the United States Trade Representative


                         SALARIES AND EXPENSES




Fiscal Year 2008 enacted..............................       $44,120,000
Fiscal Year 2009 request..............................        46,272,000
Recommended in the bill...............................        48,272,000
Bill compared with:
    Fiscal Year 2008 enacted..........................        +4,152,000
    Fiscal Year 2009 request..........................        +2,000,000


    The Office of the U.S. Trade Representative (USTR) seeks to 
contribute to U.S. economic growth, competitiveness and 
prosperity by opening markets and reducing trade and investment 
barriers around the world to create new commercial 
opportunities for U.S. goods and services industries, workers, 
ranchers and farmers. The Committee recommendation includes 
$48,272,000 for the Office of the United States Trade 
Representative (USTR) for fiscal year 2009, which is $4,152,000 
above fiscal year 2008 and $2,000,000 above the request.
    The additional funding above the request will provide for 
USTR's pay and inflation-related increases, and support the 
maintenance of current staffing levels in fiscal year 2009.
    The U.S. Trade Representative is a member of the 
President's Cabinet and serves as the President's principal 
trade advisor, negotiator, and spokesperson on trade issues. 
USTR is part of the Executive Office of the President. Through 
an interagency structure, USTR coordinates trade policy, 
resolves disagreements, and frames issues for presidential 
decision. The USTR is also the Vice-Chairman of the Overseas 
Private Investment Corporation, a member of the Board of the 
Millennium Challenge Corporation, an ex officio member of the 
Export-Import Bank Board of Directors, and a member of the 
National Advisory Council on International Monetary and 
Financial Policies.
    Intellectual Property Rights (IPR).--The Committee is aware 
of significant intellectual property issues that infringe on 
our trading relationships with China, Russia and Canada. The 
Committee encourages USTR to continue to prioritize such issues 
in bilateral and multilateral trade negotiations.
    International Standards.--The Committee directs the USTR to 
ensure that U.S. business interests are fully represented in 
international standards negotiations. The Committee directs the 
USTR to collaborate with the Department of Commerce, including 
the National Institute of Standards and Technology, and the 
State Department to reduce trade barriers to U.S. exports. The 
Committee continues its direction to the USTR to ensure U.S. 
standards are adopted in international negotiations.
    Textiles.--The Committee is aware of concerns about the 
World Trade Organization negotiations concerning textiles and 
apparel. Specifically, the Committee is concerned that the 
current part of tariff reduction negotiations under the Doha 
Round will result in a non-reciprocal arrangement detrimental 
to United States manufacturers. The Committee believes such 
negotiations should be consistent with the trade negotiating 
objectives of the United States contained in section 2012 of 
the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 
3802) and directs USTR to report to the Committee within 60 
days of enactment of this Act regarding adherence to these 
objectives. Bill language is included regarding this matter.
    Reporting Requirements.--It has been brought to the 
Committee's attention that the USTR may fare better in bringing 
trade dispute cases to the WTO by using additional support from 
private counsel. In-house expertise in long-term, complex WTO 
dispute cases is difficult to maintain in an ever-changing 
international trade climate. Outside counsel in countries such 
as China, Russia and Brazil could assist with clarification of 
local laws and regulations, enforcement policies and practices, 
and market conditions. USTR is directed to report back to the 
Committee on the desirability of such a new authority.

                        State Justice Institute


                         SALARIES AND EXPENSES




Fiscal Year 2008 enacted..............................        $3,760,000
Fiscal Year 2009 request..............................  ................
Recommended in the bill...............................         4,100,000
Bill compared with:
    Fiscal Year 2008 enacted..........................          +340,000
    Fiscal Year 2009 request..........................        +4,100,000


    The State Justice Institute (SJI) is a non-governmental 
organization that awards grants to improve the administration 
of justice in State courts, as authorized in Public Law 108-
372.
    The Committee provides $4,100,000 for SJI, which is 
$340,000 over the fiscal year 2008 enacted level. Of the amount 
appropriated, $500,000 may be used for strategic initiatives 
that will have national implications for the courts. The 
Administration proposed to eliminate SJI.
    The Committee encourages SJI to continue to work with the 
Department of Justice Office of Justice Programs (OJP) on 
issues involving State courts. The Committee commends SJI's 
policy of obtaining dollar-for-dollar matching funds for grants 
awarded. The Committee expects this goal to remain in place 
during fiscal year 2009.

                      TITLE V--GENERAL PROVISIONS

    The Committee recommendation includes the following general 
provisions for the departments and agencies funded in the 
accompanying bill.
    Section 501 prohibits the use of funds for publicity or 
propaganda purposes unless expressly authorized by law.
    Section 502 prohibits any appropriation contained in this 
Act from remaining available for obligation beyond the current 
fiscal year unless explicitly authorized.
    Section 503 provides that the expenditure of any 
appropriation contained in the Act for any consulting service 
through procurement contracts shall be limited to those 
contracts w such expenditures are a matter of public record and 
available for public inspection, except w otherwise provided 
under existing law or under existing Executive Order issued 
pursuant to existing law.
    Section 504 provides that if any provision of the Act or 
the application of such provision to any person or circumstance 
shall be held invalid, the remainder of the Act and the 
application of such provisions to persons or circumstances 
other than those to which it is held invalid shall not be 
affected.
    Section 505 provides for the Committee's policy concerning 
the reprogramming of funds. Section 505(a) prohibits the 
reprogramming of funds which: (1) creates or initiates a new 
program, project or activity; (2) eliminates a program, 
project, or activity; (3) increases funds or personnel by any 
means for any project or activity for which funds have been 
denied or restricted; (4) relocates offices or employees; (5) 
reorganizes or renames offices, programs, or activities; or (6) 
contracts out or privatizes any function or activity presently 
performed by Federal employees; (7) proposes to use funds for 
purposes other than those specified by the House or Senate 
Committee on Appropriations; (8) augments by 10% or $500,000 
existing programs, projects, or activities, or reduces by 10 
percent funding for any existing program, project, or activity, 
or numbers of personnel by 10 percent as approved by Congress; 
or (9) results from any general savings, including savings from 
a reduction in personnel, which would result in a change in 
existing programs, activities, or projects as approved by 
Congress unless the Appropriations Committees of both Houses of 
Congress are notified 15 days in advance. Section 505(b) 
prohibits the reprogramming of funds after August 30, except in 
extraordinary circumstances and with appropriate notification. 
The Committee has again included carryover funds under the 
requirements of section 505 to clarify that agencies must 
follow reprogramming procedures with respect to carryover 
funds.
    Section 506 prohibits funds from being used to implement, 
administer, or enforce any guidelines of the Equal Employment 
Opportunity Commission covering harassment based on religion 
similar to proposed guidelines published by the EEOC in October 
1993.
    Section 507 provides that if it is determined that any 
person intentionally affixes a ``Made in America'' label to any 
product that was not made in America that person shall not be 
eligible to receive any contract or subcontract with funds made 
available in this Act.
    Section 508, proposed for deletion in the budget request, 
requires quarterly reporting to Congress of unobligated 
balances that were received during any previous fiscal year.
    Section 509 provides that any closing or downsizing costs 
incurred by a department or agency funded under this Act 
resulting from funding reductions in the Act shall be absorbed 
within the budgetary resources available to the Department or 
agency, and provides transfer authority between appropriation 
accounts to carry out the provision, subject to reprogramming 
procedures.
    Section 510 prohibits funds made available in this Act from 
being used to promote the sale or export of tobacco or tobacco 
products or to seek the reduction or removal of foreign 
restrictions on the marketing of tobacco products, provided 
that such restrictions are applied equally to all tobacco 
products or tobacco products of the same type. This provision 
is not intended to impact routine international trade services 
provided to all U.S. citizens, including the processing of 
applications to establish foreign trade zones.
    Section 511 prohibits funds made available in this Act from 
being used to implement a Federal user fee for background 
checks conducted pursuant to the Brady Handgun Control Act of 
1993, or to implement a background check system that does not 
require and result in the destruction of certain information 
within 24 hours.
    Section 512 delays the obligations of any receipts 
deposited into the Crime Victims Fund in excess of $650,000,000 
until October 1, 2009. This language is continued to ensure a 
stable source of funds will remain available for the program, 
despite inconsistent levels of criminal fines deposited 
annually into the fund. Requested language rescinding the 
remaining balances in the Crime Victims Fund is not included.
    Section 513 prohibits the use of Department of Justice 
funds for programs that discriminate against or denigrate the 
religious beliefs of students participating in such programs.
    Section 514 prohibits the transfer of funds in the Act to 
any department or agency of the United States Government, 
except for transfers made under authorities provided in this, 
or any other appropriations Act.
    Section 515 provides that funds provided for E-Government 
Initiatives shall be subject to the procedures set forth in 
section 505 of this Act.
    Section 516 requires the Bureau of Alcohol, Tobacco, 
Firearms and Explosives to include specific language in any 
release of tracing study data that makes clear that trace data 
cannot be used to draw broad conclusions about firearms-related 
crime.
    Section 517 requires certain timetables of audits performed 
by Inspectors General of the departments and agencies funded in 
this Act.
    Section 518 prohibits the use of funds to process patents 
of human organisms. The Committee concurs with the intent of 
this provision as expressed in the colloquy between the 
provision's sponsor in the House and the Ranking Minority 
Member of the House Committee on Appropriations as occurred on 
July 22, 2003, with respect to any existing patents on stem 
cells.
    Section 519 prohibits the use of funds in this Act to be 
used to support or justify torture by any official or contract 
employee of the United States Government.
    Section 520 prohibits the use of funds in this Act to 
require certain export licenses.
    Section 521 prohibits the use of funds in this Act to deny 
certain import applications regarding ``curios or relics'' 
firearms, parts, or ammunition.
    Section 522 prohibits the use of funds to include certain 
language in trade agreements.
    Section 523 prohibits the use of funds in this Act to 
authorize or issue a National Security Letter (NSL) in 
contravention of certain laws authorizing the Federal Bureau of 
Investigation to issue NSLs.
    Section 524 prohibits the use of funding in this Act 
prohibiting to implement a revision to OMB A-76 circular made 
on May 29, 2003.
    Section 525 requires the congressional notification of any 
project within the Departments of Commerce or Justice, or the 
National Science Foundation and the National Aeronautics and 
Space Administration totaling more than $75,000,000 that has 
cost increases of at least 10 percent.
    Section 526 deems funds for intelligence or intelligence-
related activities as authorized by the Congress until the 
enactment of the Intelligence Authorization Act for Fiscal Year 
2009.
    Section 527 prohibits contracts or grant awards in excess 
of $5,000,000 to any specific contractor or grantee that has 
not certified that he has filed all Federal tax returns, has 
not been convicted of a criminal offense under the IRS Code of 
1986, and has no unpaid Federal tax assessment.
    Section 528 provides for rescissions of unobligated 
balances in the certain department and agencies funded in the 
Act.

            House of Representatives Reporting Requirements

    The following materials are submitted in accordance with 
various requirements of the Rules of the House of 
Representatives:

               Changes in the Application of Existing Law

    Pursuant to clause 3(f)(1) of rule XIII of Rules of the 
House of Representatives, the following statements are 
submitted describing the effect of provisions in the 
accompanying bill which directly or indirectly change the 
application of existing law.

                    Title I--Department of Commerce

    International Trade Administration:
     Includes language providing funds for engaging in 
trade promotion activities abroad, including in expenses of 
grants and cooperative agreements for the purposes of promoting 
exports of U.S. firms.
     Includes language that provides 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 United 
States and Foreign Commercial Service; employment of Americans 
and aliens by contract for services; rental of space abroad and 
expenses of alteration, repair, or improvement; purchase or 
construction of temporary demountable exhibition structures for 
use abroad; and payment of tort claims.
     Includes language regarding official 
representation expenses abroad and the purchase of passenger 
motor vehicles for official use abroad.
     Provides legislative set-asides for Manufacturing 
and Services; Market Access and Compliance; Import 
Administration, to include funds for Office of China 
Compliance; U.S. Foreign Commercial Service; and Executive 
Direction and Administration.
     Includes language regarding the contribution to 
the Mutual Educational and Culture Exchange Act of 1961 to 
include payment for assessment.
     Includes language that exempts ITA from Circular 
A-25.
     Includes language that relates to World Trade 
Organization negotiations and antidumping and countervailing 
duties.
     Includes language regarding the World Trade 
Organization and negotiating objectives.
     Includes language that stipulates that funds 
provided for specific items shall be available in the amounts 
specified in the report accompanying this Act.
    Bureau of Industry and Security: Operations and 
Administration:
     Includes language regarding export administration 
and national security activities of the Department of Commerce.
     Includes language providing for the 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; official 
representation expenses abroad; awards of compensation to 
informers; purchase of passenger motor vehicles for official 
use and motor vehicles for law enforcement use; and inspections 
and other activities related to national security.
     Includes language regarding the Mutual Educational 
and Cultural Exchange Act of 1961 and the retention of payments 
and contributions.
    Economic Development Administration: Salaries and Expenses
     Includes language regarding the monitoring of 
approved projects.
    Minority Business Development Agency:
     Includes language making funds available for 
developing minority business enterprise, including expenses of 
grants, contracts and other agreements.
     Includes language that stipulates that funds 
provided for specific items shall be available in the amounts 
specified in the report accompanying this Act.
    Bureau of the Census Periodic Census and Programs:
     Includes language regarding collecting data on 
race.
     Includes language relating to the use of funds for 
promotion, outreach and marketing activities.
     Includes language prohibiting the use of funds to 
conduct a sweepstakes.
    National Telecommunications and Information Administration:
     Includes language permitting the Secretary of 
Commerce to charge federal agencies for costs in spectrum 
management, analysis, operations, and related services; and to 
use such collections in telecommunications research.
    Public Telecommunications Facilities, Planning and 
Construction:
     Includes language providing funds available for 
program administration and makes unobligated balances available 
for grants.
    United States Patent and Trademark Office:
     Includes language providing that appropriated 
funds be reduced as offsetting collections are assessed and 
collected.
     Includes language providing for the transfer of 
funds for activities associated with the National Intellectual 
Property Law Enforcement Coordination Council.
     Includes language regarding basic pay and certain 
retirement benefits; limiting official reception and 
representation expenses; and providing that sections 801, 802, 
and 803 of division B, of P.L. 0108-447 shall remain in effect 
during fiscal year 2009.
     Includes authority to permit the establishment of 
fees related to the electronic filing of documents.
     Provides authority to enter into cooperative 
agreements to conduct policy studies related to fair 
international protection of intellectual property rights.
    National Institute of Standards and Technology Scientific 
and Technical Research and Services:
     Includes language limiting funds for official 
reception and representation expenses.
    Industrial Technology Service:
     Provides for the multi-year availability of funds 
provided for the Hollings Manufacturing Extension Partnership.
     Provides for the multi-year availability of funds 
provided for Technical Innovation Program.
    Construction of Research Facilities:
     Provides for the multi-year availability of funds 
provided for construction of research facilities.
     Includes language regarding the submission of 
certain materials in support of construction budget requests.
     Provides funding for a competitive construction 
grant program.
    National Oceanic and Atmospheric Administration (NOAA):
     Provides that certain funds be derived from 
various sources.
     Includes language specifying that deviations from 
amounts included in the report accompanying the Act shall be 
subject to section 505 of this Act.
     Provides that the Administrator may engage in 
formal and informal education activities.
     Provides a ceiling on the number of NOAA 
Commissioned Officer Corps.
     Includes language that stipulates that funds 
provided for specific items shall be available in the amounts 
specified in the report accompanying this Act.
    Procurement, Acquisition and Construction:
     Includes language regarding funds for the National 
Polar-orbiting Operational Environmental Satellite System with 
funds provided for the same purpose by the Department of 
Defense.
     Includes language that stipulates that funds 
provided for specific items shall be available in the amounts 
specified in the report accompanying this Act.
     Includes language specifying that deviations from 
amounts included in the report accompanying the Act shall be 
subject to section 505 of this Act.
    Pacific Coastal Salmon Recovery:
     Includes language for the Secretary of Commerce to 
issue grants to specific states and sites.
    Coastal Zone Management Funds:
     Includes language relating to offsetting 
collections.
    Fisheries Finance Program Account:
     Includes limitations on individual fishing quota 
loans and for traditional direct loans and prohibits direct 
loans for any new fishing vessel that will increase the 
harvesting capacity in any U.S. fishery.
    Departmental Management:
     Includes language regarding audits and evaluations 
by the Bureau of the Census and retains from obligation funds 
until the Secretary has certified that the Bureau of the Census 
has met all best practices related to contracting and 
information technology.
    Herbert C. Hoover Building Renovation and Modernization:
     Includes language regarding blast windows for 
renovation and modernization.
    General Provisions: Department of Commerce
     Includes language making appropriations and funds 
available for advance payments only on the Secretary's 
certification that such payments are in the public interest.
     Includes language providing for use of 
appropriations for salaries and expenses for hire of passenger 
motor vehicles and uniforms or such allowances, as authorized.
     Includes a provision regarding transfers between 
NOAA and the Department.
     Includes a provision requiring the absorption of 
funding reductions related to personnel actions.
     Includes a provision regarding the trademark of 
the phrase ``Last Best Place.''
     Includes a provision expanding the personnel 
management demonstration project to more than 5,000, 
notwithstanding subsection (d) of section 4703 of title 5, 
U.S.C.
     Includes a provision permitting the Secretary of 
Commerce to prescribe and enforce standards or regulations 
regarding occupational diving within NOAA.
     Includes a provision allowing the Secretary of 
Commerce to furnish services within Department of Commerce 
buildings for reimbursement, which would then be credited to 
the appropriation or fund that provides such services.

                    Title II--Department of Justice

    General Administration (GA):
     Includes language authorizing the transfers of 
funds between offices in this account; limiting the amount that 
offices within GA can increase or decrease; providing for 
specific amounts for various offices; extending availability 
for construction funds; and requiring notification on funding 
changes.
    Tactical Law Enforcement Wireless Communications:
     Includes language regarding the transfer of funds 
for purchasing portable and mobile radios, which shall be 
subject to section 505 of this Act.
    Detention Trustee:
     Includes language establishing that the Trustee 
shall be responsible for managing the Justice Prisoner and 
Alien Transportation System.
     Includes language limiting the amount of funds 
considered as ``funds appropriated for State and local law 
enforcement assistance''.
    General Legal Activities:
     Includes language limiting the amount of funds for 
official representation and reception expenses available to the 
United States National Central Bureau.
     Includes language providing the Attorney General 
certain authorities when emergent circumstances require 
additional funding for litigation activities, which shall be 
subject to the provisions of section 505 of this Act.
     Provides funds to reimburse the Office of 
Personnel Management for expenses associated with the federal 
observer program and provides for extended availability.
    Antitrust division:
     Includes language regarding the Hart-Scott-Rodino 
Antitrust Improvement Act.
    United States Attorneys:
     Includes language limiting funds for official 
reception and providing for the expenses of hiring U.S. 
Attorneys to carry out sections of the Adam Walsh Child 
Protection and Safety Act.
    United States Trustee System Funds:
     Includes language regarding refunds due 
depositors; provides for the extended availability of certain 
funds; and offsetting collections.
    Fees and Expenses of Witnesses:
     Includes language regarding funds for construction 
of buildings for safesites, armored and other vehicles, and 
telecommunication equipment.
    Community Relations Service:
     Includes language regarding the transfer of funds 
for conflict resolution and violence prevention activities 
within the community relations service, which shall be subject 
to the provisions of section 505 of this Act.
    United States Marshals Services:
     Includes language providing for official reception 
and representation expenses, information technology systems, 
and courthouse security.
    National Security Division:
     Includes language providing for the transfers of 
funds in emergent circumstances, which shall be subject to the 
provisions of section 505 of this Act.
    Interagency Law Enforcement Interagency Crime and Drug 
Enforcement:
     Includes language regarding certain 
reimbursements.
     Includes language regarding the use of unobligated 
funds for continued operations of the organized crime drug 
enforcement task force fusion center program, which shall be 
subject to the provisions of section 505 of this Act.
    Federal Bureau of Investigation (FBI):
     Includes allocations of funds for certain 
activities within the FBI.
    Drug Enforcement Administration:
     Provides funding for necessary expenses of the DEA 
to include drug education and training programs, and provides 
for official reception and representation expenses.
    Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF):
     Provides funding for the necessary expenses of the 
ATF to include training with state and local law enforcement, 
including training of canines.
     Includes language that prohibits expenses in 
connection with consolidating or centralizing records of 
acquisition and disposition of firearms maintained by Federal 
firearms licensees.
     Includes language that prohibits expenses to 
implement amendments to 27 CFR or to change the definition of 
``Curios or relics'' or remove items from ATF publication 
5300.11.
     Includes language that prohibits expenses to 
investigate or act upon applications for relief from Federal 
firearms disabilities under 18 U.S.C. 925.
     Includes language regarding expenses to 
investigate applications filed by corporations for relief from 
section 925(c) of title 18 U.S.C.
     Includes language that prohibits expenses to 
transfer mission or activities from ATF to other agencies.
     Includes language that prohibits expenses to 
disclose part or all of the contents of the Firearms trace 
center or any information required to be kept by licensees.
     Includes language that prohibits expenses to 
implement any rule requiring a physical inventory of licensed 
businesses.
     Includes language that prohibits expenses to 
retrieve certain information electronically.
     Includes language that prohibits expenses to deny 
an application for certain licenses.
    Federal Prison System:
     Includes language that provides for the transfer 
to the Health Resources and System Administration funds 
necessary for medical relief of inmates.
     Includes language that provides authority to the 
Director to enter into contracts to furnish health care.
     Includes limitation on funds for receptions and 
provides authority for the Federal Prison System to accept 
donated property and services.
    Building and Facilities:
     Includes language stating labor of prisoners may 
be used for work.
    Federal Prison Industries, Incorporated:
     Includes language authorizing Federal Prison 
Industries to make expenditures in accord with the law.
     Includes a limitation on administrative expenses 
for Federal Prison Industries.
    State and Local Law Enforcement Activities Office on 
Violence Against Women:
     Includes a limitation on funds to be made 
available for expenses related to evaluation, training, and 
technical assistance, and provides for specific appropriations 
for various programs within the Office on Violence Against 
Women.
    Office of Justice Programs:
     Includes language providing funds for grants, 
contracts and other cooperative agreements, which may include 
research and development, and provides for specific 
appropriations for various programs within Office of Justice.
    State and Local Law Enforcement Assistance:
     Includes language providing funds for grants, 
contracts and other cooperative agreements, and provides for 
specific appropriations for various programs and activities.
    Juvenile Justice Programs:
     Includes language providing funds for grants, 
contracts and other cooperative agreements, which may include 
research and development, and provides for specific 
appropriations for various programs and activities.
    Community Oriented Policing Services:
     Includes language providing funds for grants, 
contracts and other cooperative agreements, which may include 
research and development, and provides for specific 
appropriations for various programs and activities.
     Includes language regarding funds derived from 
deobligated balances shall be available in accordance with the 
provisions of section 505 of this Act.
    General Provisions, Department of Justice:
     Includes a provision making available additional 
reception and representation funding for the Attorney General 
from the amounts provided in this title.
     Includes a prohibition on the use of funds to pay 
for an abortion, except in the case of rape or to preserve the 
life of the mother.
     Includes a prohibition on the use of funds to 
require any person to perform or facilitate the performance of 
an abortion.
     Includes a provision establishing the obligation 
of the Director of the Bureau of Prisons to provide escort 
services to inmates receiving an abortion outside of a Federal 
facility, except where this obligation conflicts with the 
preceding section.
     Includes a provision establishing the Committee's 
requirements and procedures for transfer proposals, and deletes 
certification requirements for transfers from the Buildings and 
Facilities account of the Federal Prison System.
     Includes an authorization for the Attorney General 
to extend an ongoing Personnel Management Demonstration 
Project.
     Includes an extension of specified authorities to 
the Bureau of Alcohol, Tobacco, Firearms and Explosives for 
undercover operations.
     Includes a prohibition on the use of funds for 
transporting prisoners classified as maximum or high security, 
other than to a facility certified by the Bureau of Prisons as 
appropriately secure.
     Includes a prohibition on the use of funds for the 
purchase or rental by Federal prisons of audiovisual equipment, 
services and materials used primarily for recreational 
purposes, except for those items and services needed for inmate 
training, religious, or educational purposes.
     Includes a requirement for review by the Deputy 
Attorney General and the Department Investment Review Board 
prior to the obligation or expenditure of funds for major 
information technology projects.
     Includes a provision requiring the Department to 
follow reprogramming procedures prior to any deviation from the 
program amounts specified in this title or the reuse of 
deobligated funds provided in previous years.
     Includes a prohibition on the use of funds for A-
76 competitions for work performed by employees of the Bureau 
of Prisons or Federal Prison Industries, Inc.
     Includes a prohibition on the use of funds to pay 
the salary, benefits or expenses of a U.S. Attorney performing 
dual duties that exempt that U.S. Attorney from established 
residency requirements.
     Includes a prohibition on the use of funds for 
future phases of the Sentinel program until the AG certifies 
that work on existing phases has been substantially completed 
under a validated performance baseline.
     Includes a provision that requires the Department 
of Justice in making grants under any discretionary grant 
program to conduct a peer review process and to strictly adhere 
to the rankings made.

                           Title III--Science

    National Aeronautics and Space Administration:
    Space Operations:
     Includes language providing specific amounts for 
Space Shuttle and International Space Station operations.
     Includes language that states that amounts 
provided for Space operations include expenses of certain 
utilization flights, which shall be considered henceforth as 
baseline flight, and requires the Administrator to certify to 
the Congress that each mission is necessary and can be flown 
safely.
    Cross-Agency Support Programs:
     Includes language providing for specific sums for 
independent verification and validation activities.
     Includes language that stipulates that funds 
provided for specific items shall be available in the amounts 
specified in the report accompanying this Act.
    Administrative Provisions:
     Includes language providing for extended 
availability of funds for construction of facilities, 
environmental compliance and restoration activities, and 
announced prices, as authorized by law.
     Includes language regarding transfers of funds.
     Includes language regarding reductions in force.
     Includes language that requires a report on the 
full costs associated with Space Shuttle retirement and 
transition activities.
     Includes language limiting the number of non-
career employees at NASA and prohibits the detail of such non-
career employees outside of the agency.
    National Science Foundation:
     Includes language regarding the procurement of 
polar icebreaking services, reimbursements to the Coast Guard 
for sums as agreed to according to the existing memorandum of 
agreement, and authority to credit to the appropriation 
receipts from support services and materials.
    Agency Operations and Award Management:
     Includes language regarding contracts for 
maintenance and operation of facilities and the reimbursement 
for security guard services.
    Office of the National Science Board:
     Includes language funds for official reception and 
representation.

                       Title IV--Related Agencies

    Commission on Civil Rights:
     Includes language prohibiting expenses to employ a 
specific level of full-time individuals or to reimburse 
Commissioners for certain billable days.
    Equal Employment Opportunity Commission:
     Includes language limiting funds for official 
reception and representation.
     Includes language prohibiting any action to 
implement any workforce repositioning, except as in accordance 
with the provisions of section 505 of this Act.
    Legal Services Corporation:
     Includes language regarding pay for officers and 
employees.
    Office of the United States Trade Representative:
     Includes language limiting funds for official 
reception and representation and provides funding for specific 
activities.
    State Justice Institute:
     Includes language limiting funds for reception and 
representation.

                      Title V--General Provisions

    Section 501 prohibits the use of funds for publicity or 
propaganda purposes unless expressly authorized by law.
    Section 502 prohibits any appropriation contained in this 
Act from remaining available for obligation beyond the current 
fiscal year unless explicitly authorized.
    Section 503 provides that the expenditure of any 
appropriation contained in the Act for any consulting service 
through procurement contracts 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.
    Section 504 provides that if any provision of the Act or 
the application of such provision to any person or circumstance 
shall be held invalid, the remainder of the Act and the 
application of such provisions to persons or circumstances 
other than those to which it is held invalid shall not be 
affected.
    Section 505 provides for the Committee's policy concerning 
the reprogramming of funds. Section 505(a) prohibits the 
reprogramming of funds which: (1) creates or initiates a new 
program, project or activity; (2) eliminates a program, 
project, or activity; (3) increases funds or personnel by any 
means for any project or activity for which funds have been 
denied or restricted; (4) relocates offices or employees; (5) 
reorganizes or renames offices; (6) reorganizes programs or 
activities; or (7) contracts out or privatizes any function or 
activity presently performed by Federal employees unless the 
Appropriations Committees of both Houses of Congress are 
notified 15 days in advance. Section 505(b) prohibits a 
reprogramming of funds in excess of $500,000 or 010 percent, 
whichever is less, that: (1) augments existing programs, 
projects, or activities; (2) reduces by 010 percent funding for 
any existing program, project, or activity, or numbers of 
personnel by 010 percent as approved by Congress; or (3) 
results from any general savings, including savings from a 
reduction in personnel, which would result in a change in 
existing programs, activities, or projects as approved by 
Congress unless the Appropriations Committees of both Houses of 
Congress are notified 15 days in advance. The Committee has 
again included carryover funds under the requirements of 
section 505 to clarify that agencies must follow reprogramming 
procedures with respect to carryover funds.
    Section 506 prohibits funds from being used to implement, 
administer, or enforce any guidelines of the Equal Employment 
Opportunity Commission covering harassment based on religion 
similar to proposed guidelines published by the EEOC in October 
1993.
    Section 507 provides that if it is determined that any 
person intentionally affixes a ``Made in America'' label to any 
product that was not made in America that person shall not be 
eligible to receive any contract or subcontract with funds made 
available in this Act.
    Section 508 requires quarterly reporting to Congress of 
unobligated balances that were received during any previous 
fiscal year.
    Section 509 provides that any closing or downsizing costs 
incurred by a department or agency funded under this Act 
resulting from funding reductions in the Act shall be absorbed 
within the budgetary resources available to the Department or 
agency, and provides transfer authority between appropriation 
accounts to carry out the provision, subject to reprogramming 
procedures.
    Section 5010 prohibits funds made available in this Act 
from being used to promote the sale or export of tobacco or 
tobacco products or to seek the reduction or removal of foreign 
restrictions on the marketing of tobacco products, provided 
that such restrictions are applied equally to all tobacco 
products or tobacco products of the same type. This provision 
is not intended to impact routine international trade services 
provided to all U.S. citizens, including the processing of 
applications to establish foreign trade zones.
    Section 511 prohibits funds made available in this Act from 
being used to implement a Federal user fee for background 
checks conducted pursuant to the Brady Handgun Control Act of 
1993, or to implement a background check system that does not 
require and result in the destruction of certain information 
within 24 hours.
    Section 512 delays the obligations of any receipts 
deposited into the Crime Victims Fund in excess of $650,000,000 
until October 1, 2009. This language is continued to ensure a 
stable source of funds will remain available for the program, 
despite inconsistent levels of criminal fines deposited 
annually into the fund. Requested language rescinding the 
remaining balances in the Crime Victims Fund is not included.
    Section 513 prohibits the use of Department of Justice 
funds for programs that discriminate against or denigrate the 
religious beliefs of students participating in such programs.
    Section 514 prohibits the transfer of funds in the Act to 
any department or agency of the United States Government, 
except for transfers made under authorities provided in this, 
or any other appropriations Act.
    Section 515 provides that funds provided for E-Government 
Initiatives shall be subject to the procedures set forth in 
section 505 of this Act.
    Section 516 requires the Bureau of Alcohol, Tobacco, 
Firearms and Explosives to include specific language in any 
release of tracing study data that makes clear that trace data 
cannot be used to draw broad conclusions about firearms-related 
crime.
    Section 517 requires certain timetables of audits performed 
by Inspectors General of the departments and agencies funded in 
this Act.
    Section 518 prohibits the use of funds to process patents 
of human organisms. The Committee concurs with the intent of 
this provision as expressed in the colloquy between the 
provision's sponsor in the House and the Ranking Minority 
Member of the House Committee on Appropriations as occurred on 
July 22, 2003, with respect to any existing patents on stem 
cells.
    Section 519 prohibits the use of funds in this Act to be 
used to support or justify torture by any official or contract 
employee of the United States Government.
    Section 520 prohibits the use of funds in this Act to 
require certain export licenses.
    Section 521 prohibits the use of funds in this Act to deny 
certain import applications regarding ``curios or relics'' 
firearms, parts, or ammunition.
    Section 522 prohibits the use of funds to include certain 
language in trade agreements.
    Section 523 prohibits the use of funds in this Act to 
authorize or issue a National Security Letter (NSL) in 
contravention of certain laws authorizing the Federal Bureau of 
Investigation to issue NSLs.
    Section 524 regarding the use of funding in this Act to be 
used to implement a revision to OMB A-76 circular made on May 
29, 2003. Section 525 requires the congressional notification 
of any project within the Departments of Commerce or Justice, 
or the National Science Foundation and the National Aeronautics 
and Space Administration totaling more than $75,000,000 that 
has cost increases of at least 010 percent.
    Section 526 deems funds for intelligence or intelligence-
related activities as authorized by the Congress until the 
enactment of the Intelligence Authorization Act for Fiscal Year 
2009.
    Section 527 prohibits contracts or grant awards in excess 
of $5,000,000 to any specific contractor or grantee that has 
not certified that he has filed all Federal tax returns, has 
not been convicted of a criminal offense under the IRS Code of 
1986, and has no unpaid Federal tax assessment.
    Section 528 provides for rescissions of unobligated 
balances in the certain department and agencies funded in the 
Act.

                  Appropriations Not Authorized by Law

    Pursuant to clause 3(f)(1) of rule XIII of the Rules of the 
House of Representatives, the following table lists the 
appropriations in the accompanying bill which are not 
authorized by law:

----------------------------------------------------------------------------------------------------------------
                                                                                  Appropriations
                                                   Last year of    Authorization   in last year   Appropriations
                 Agency/program                    authorization       level            of         in this bill
                                                                                   authorization
----------------------------------------------------------------------------------------------------------------
         TITLE I--DEPARTMENT OF COMMERCE

Economic Development Administration, S&E........            2008       such sums         $30,832         $32,800
Economic Development Administration, Public                 2008        $425,000         235,000         138,280
 Works and Economic Development.................
Economic Development Administration, Trade                  2008       such sums         14,0100          15,800
 adjustment Assistance..........................
International Trade Administration..............            1996       such sums         248,726         434,870
Bureau of Industry and Security.................            2001       such sums          64,711          83,676
National Telecommunications and Information                 1993          19,400          21,823          40,946
 Administration.................................
National Oceanic and Atmospheric Administration.         various  ..............  ..............       4,252,640

         TITLE II--DEPARTMENT OF JUSTICE

Vaccine Injury Compensation Trust Fund                      1992           4,058           6,333           7,833
 (permanent)....................................
Office of Violence Against Women Programs:
    Training for Judicial Personnel.............            2005           2,300           1,925           3,000
    Research on Violence against Indian Women...            2008           1,000  ..............           1,000
Office of Justice Programs:
    Justice Assistance:
        National Institute of Justice...........            1995          33,000          58,879          45,000
        Bureau of Justice Statistics............            1995          33,000          32,335          50,000
State and Local Law Enforcement Assistance:
    Byrne Justice Assistance Grant Program......  ..............  ..............         411,159         550,000
    State and Local Intelligence Training.......            1995  ..............  ..............         (5,000)
    Economic, High-tech and Cyber Crime           ..............  ..............           8,885          18,000
     Prevention.................................
    State Automated Victim Notification.........  ..............  ..............           8,885         010,000
    Southwest Border Prosecutors................  ..............  ..............          29,617          35,000
    Byrne Grants (discretionary)................  ..............  ..............  ..............         122,000
    Byrne Competitive Grants....................  ..............  ..............  ..............          30,000
    Missing Alzheimers Patients Grants..........            1998             900             898           1,500
    Capital Litigation Improvement Grants.......  ..............  ..............  ..............           1,000
    Drug Courts.................................            2005          60,000          45,000          40,000
    State Prison Drug Treatment.................            2000          72,000          61,677         010,000
    Assistance for Victims of Trafficking.......            2005         010,000         010,000         010,000
    Mentally Ill Offender Act...................  ..............  ..............  ..............         010,000
    Prescription Drug Monitoring................  ..............  ..............           7,404           7,000
    State Criminal Alien Assistance.............            2004  ..............  ..............         420,000
Juvenile Justice Programs:
    Part B--State Formula-Delinquency Prevention            2007          88,804          78,978          75,000
    Juvenile Accountability Block Grants........            2005         350,000         190,000          55,000
    Part E--Challenge Grants-Demonstration                  2007  ..............        0104,674          75,000
     Projects...................................
    Youth Mentoring Program.....................            1996  ..............  ..............        0100,000
    Part V--Incentive Grants....................            2008          97,337          64,171          40,000
        Tribal Youth............................  ..............  ..............  ..............        (25,000)
        Gang Prevention.........................            1996  ..............  ..............        (15,000)
    Victims of Child Abuse Act Programs.........            2005           8,481          11,000          23,000
    Missing Children............................            2008  ..............          47,387          63,000
Community Oriented Policing Services\1\:
    COPS Hiring Program.........................  ..............  ..............  ..............          40,000
    Violent Gang and Gun Crime Reduction........  ..............  ..............  ..............          15,000
    Regional Information Sharing System.........            2003        0100,000          29,000          45,000
    COPS Law Enforcement Technology and           ..............  ..............  ..............         145,000
     Interoperability...........................
    Criminal Records Upgrade....................            2007         250,000           9,873         010,000
    DNA Backlog Reduction.......................            2004          25,000  ..............         153,000
    Training and Technical Assistance...........  ..............  ..............  ..............           4,000
    Sex Offender Registry.......................  ..............  ..............  ..............           1,000
    Tribal Prison Construction..................            2000  ..............           5,000          12,000
    Indian Tribal Courts........................            2004           8,000           7,898           8,000
    Indian Alcohol and Substance Abuse Grants...            2000           5,000           8,630           5,000
    Tribal Law Enforcement......................  ..............  ..............  ..............          20,000
    Bulletproof Vest Partnership................            2004          50,000          50,000          25,000
    Wrongful Prosecution Review Grants..........  ..............  ..............  ..............           5,000
State and Local Law Enforcement Activities S&E..  ..............  ..............  ..............         195,000

               TITLE III--SCIENCE

NASA:
    Science.....................................            2008           (\2\)           (\2\)       4,518,019
    Aeronautic..................................            2008           (\2\)           (\2\)         515,000
    Exploration.................................            2008           (\2\)           (\2\)       3,505,686
    Education...................................            2008           (\2\)           (\2\)         187,200
    Cross-Agency support programs...............            2008           (\2\)           (\2\)       3,244,752
    Space operations............................            2008           (\2\)           (\2\)      5,764,7010
    Office of Inspector General.................            2008           (\2\)           (\2\)          33,600

           TITLE IV--RELATED AGENCIES

Commission on Civil Rights......................            1995           9,500           9,096           8,800
Interantional Trade Commission..................            2004          57,240          61,700         75,0100
Payment to Legal Services Corporation...........            1980       such sums         300,000         390,000
Marine Mammal Commission........................            1999           1,750           1,890           3,200
Office of the U.S. Trade Representative.........            2004         33,0108          41,552          48,272
State Justice Institute.........................            2008           7,000           3,760          4,0100
----------------------------------------------------------------------------------------------------------------
\1\The Office of Community Oriented Policing Services is authorized through 2009 as a single grant program
  $1,047,000,000, which does not directly correspond to the account structure in this Act.
\2\The NASA Authorization Act for 2005, which provided authorizations for appropriations Operations; Science,
  Aeronautics and Exploration; Exploration Capabilities and Inspector General.

                           Transfers of Funds

    Pursuant to Clause 3(f)(2) of rule XIII of the Rules of the 
House of Representatives, language is included transferring 
unexpended balances as follows:

          Under Department of Justice, General Provisions, 
        language is included making tranglers from balances of 
        Asset Forfeiture funds to Legal Activities.

                              Rescissions

    Pursuant to clause 3(f)(2) of rule XIII of the Rules of the 
House of Representatives, the following table is submitted 
describing the recessions recommended in the accompanying bill:




Department of Commerce:
    Economic Development Administration...............      -$14,000,000
    International Trade Administration................        -2,000,000
    National Oceanic and Atmospheric Administration...        -9,000,000
    National Institute of Standards and Technology....        -8,500,000
    National Telecommunications and Information               -1,200,000
 Administration.......................................
    Census............................................        -1,000,000
Department of Justice:
    Assets Forfeiture Funds...........................      -285,000,000
    Working Capital Fund..............................     -0100,000,000
    Office of Justice Programs........................     -0100,000,000
    Community Oriented Policing Services..............     -0100,000,000


                 Comparison With the Budget Resolution

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives requires an explanation of compliance with 
section 308(a)(1)(A) of the Congressional Budget and 
Impoundment Control Act of 1974 (Public Law 93-344), as 
amended, which requires that the report accompanying a bill 
providing new budget authority contain a statement detailing 
how that authority compares with the report submitted under 
section 302 of the Act for the most recently agreed to 
concurrent resolution on the budget for the fiscal year from 
the Committee's section 302(a) allocation.

                                            [In millions of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                  302(b) allocation             This bill
                                                             ---------------------------------------------------
                                                                 Budget                    Budget
                                                               authority     Outlays     authority     Outlays
----------------------------------------------------------------------------------------------------------------
General purpose discretionary...............................       56,858       57,000       56,858       56,953
Mandatory...................................................          221          224          221          224
----------------------------------------------------------------------------------------------------------------

                      Five-Year Outlay Projections

    In compliance with section 308(a)(1)(B) of the 
Congressional Budget and Impoundment Control Act of 1974 
(Public Law 93-344), as amended, the following table contains 
five-year projections associated with the budget authority 
provided in the accompanying bill:

                        Fiscal year 2009 outlays

                                                  In millions of dollars
Budget Authority........................................          56,858
Outlays:
    2009................................................          36,974
    20010...............................................          14,768
    2011................................................           4,339
    2012................................................           2,047
    2013................................................             883

               Assistance to State and Local Governments

    In accordance with section 308(a)(1)(C) of the 
Congressional Budget and Impoundment Control Act of 1974 
(Public Law 93-344), as amended, the fiscal assistance to State 
and local government is as following:
                                                     Millions of dollars
FY 2009 new budget authority............................           1,295
FY 2009 outlays resulting therefrom.....................              80

                        Constitutional Authority

    Clause 3(d)(1) of rule XIII of the Rules of the House of 
Representatives states that:

          Each report of a committee on a bill or joint 
        resolution of a public character shall include a 
        statement citing the specific powers granted to the 
        Congress in the Constitution to enact the law proposed 
        by the bill or joint resolution.

    The Committee on Appropriations bases its authority to 
report this legislation from Clause 7 of Section 9 of Article I 
of the Constitution of the United States of America, which 
states:

          No money shall be drawn from the Treasury but in 
        consequence of Appropriations made by law. * * *

    Appropriations contained in this Act are made pursuant to 
this specific power granted by the Constitution.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, the following is a statement of 
general performance goals and objectives for which this measure 
authorizes funding:
    The Committee on Appropriations considers program 
performance, including a program's success in developing and 
attaining outcome-related goals and objectives in developing 
funding recommendations.

           Compliance With Rule XIII Cl. 3(e) (Ramseyer Rule)

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, the Committee notes that the 
accompanying bill does not propose to repeal or amend a statute 
or part thereof.

                   Roll Call Votes Taken in Committee

    In compliance with clause 3(b) of rule XIII, the Committee 
notes that no roll call votes were taken during its 
consideration of the bill.

                         Congressional Earmarks

    The following table is submitted in compliance with clause 
9 of Rule XXI, and lists the congressional earmarks (as defined 
in paragraph (d) of clause 9) contained in the bill or in this 
report. Neither the bill nor the report contain any limited tax 
benefits or limited tariff benefits as defined in paragraphs 
(e) or (f) of clause 9 of Rule XXI.


      Comparative Statement of New Budget (Obligational) Authority

    The following table provides a detailed summary, for each 
deprtment and agency, comparing the amounts recommended in the 
bill with fiscal year 2008 enacted amounts and budget estimates 
presented for fiscal year 2009:



       ADDITIONAL VIEWS OF JERRY LEWIS AND RODNEY P. FRELINGHUYSEN

    We commend Chairman Mollohan and Chairman Obey for the 
rigorous approach they have brought to carrying out the 
Subcommittee's oversight responsibilities, and for the even-
handed and collaborative approach taken in assembling this bill 
providing appropriations for the Departments of Commerce and 
Justice, Science, and Related agencies for fiscal year 2009. 
The bill includes important increases to programs that 
represent top national priorities, including counterterrorism, 
crime fighting, and scientific research and education. Both 
Chairman Mollohan and Chairman Obey have been open and 
responsive to issues and concerns raised by Republican Members 
and we appreciate their commitment to bipartisanship and 
regular order during consideration of this bill through the 
Committee process.
    The allocation given to the Subcommittee is $56.9 billion, 
which is $5 billion or 9.8% above 2008, and $3.2 billion or 
5.9% above the President's request. We believe that the 
Subcommittee could have met the most pressing funding needs by 
prioritizing within a lower allocation. With this very generous 
allocation virtually every agency and account in the bill is 
funded at, or above, the President's request. This corresponds 
with the majority's overall budget blueprint which adds a total 
of $21 billion to the President's proposed budget for fiscal 
year 2009, and adds $241 billion in new spending over the next 
five years, requiring tax increases of more than $683 billion 
over the same time period. If we abandon budget discipline and 
avoid hard choices, the result will be that the household 
budgets of American families will be squeezed even further. To 
illustrate the different spending philosophies of Republicans 
and Democrats, one need only look back to the fiscal year 2007 
CJS bill produced under a Republican majority. The fiscal year 
2007 House bill for these same departments and agencies had an 
allocation that exceeded the President's request by less than a 
quarter of one percent. That bill successfully addressed 
critical priorities and passed the House with an overwhelming 
bipartisan vote.
    For the Department of Commerce, the bill fully supports the 
original request for the 2010 Decennial Census. However, the 
Committee recently received a budget amendment requesting an 
additional $540,380,000 in fiscal year 2009 appropriations to 
plan for a paper-based non-response follow-up operation that is 
now necessary due to cost, schedule and performance problems 
with a major information technology contract. This bill does 
not address that additional requirement. We look forward to 
working with the Majority to address management problems and 
ultimately provide the necessary funds to ensure an accurate 
and timely Decennial Census.
    We are pleased that the Chairman offered an amendment that 
was adopted by the Committee to increase the Manufacturing 
Extension Partnership program to the authorized level of 
$122,000,000. The need for this increase was brought to the 
Committee's attention by Rep. Knollenberg, and is supported by 
many Members on both sides of the aisle. We also appreciate the 
small but important increases provided to the International 
Trade Administration, the U.S. Trade Representative and the 
International Trade Commission. The work of these agencies is 
critical to support the growth of free and fair trade, a key to 
our future economic well-being and security.
    We congratulate the Chairman on the strong overall funding 
level of $816,860,000 provided for the National Institute of 
Standards and Technology (NIST). However, we would have 
preferred to set different priorities within NIST that would 
more directly foster innovation and competitiveness, while at 
the same time require less spending. The President's Science 
Advisor, in his testimony before the Subcommittee, named NIST's 
core research budget as the top priority science investment in 
the bill. NIST's core research budget is funded at $34,340,000 
below the request while the bill includes $65,200,000 above the 
President's request for the Technology Innovation Program (the 
successor to the Advanced Technology Program) and $30,000,000 
for an unrequested and unauthorized construction grant program.
    Likewise, the overall funding level for NOAA includes many 
important increases for programs such as the National Weather 
Service and for climate research. However, the overall NOAA 
funding level is an increase of $356,156,000, or 9.1%, above 
the fiscal year 2008 level; more than sufficient to allow 
increases throughout NOAA's extensive roster of programs.
    We strongly support the decision to fully fund the Federal 
Bureau of Investigation (FBI). This level is necessary in order 
to continue current staffing and operations levels while also 
funding urgent increases in national security programs. In 
addition to increases for counterterrorism and 
counterintelligence, the bill includes important enhancements 
for other FBI priority areas, including child exploitation, 
intellectual property crime, and mortgage fraud. This Committee 
has been at the forefront of advancing the FBI's transformation 
into our nation's premier counterterrorism agency, and we are 
pleased that we are able to continue that support this year.
    In addition, the bill includes strong funding levels for 
other Federal Law Enforcement accounts. Most Federal Law 
Enforcement accounts are funded at least at the President's 
request. These levels are necessary to maintain staffing and 
operations at the Drug Enforcement Administration (DEA), the 
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the 
U.S. Marshals Service, and U.S. Attorneys offices, and to 
support additional activities on the Southwest Border.
    The bill will make a real impact in the fight against child 
exploitation. It includes $63,000,000 for Missing and Exploited 
Children programs; $10,000,000 for sex offender management 
assistance; and increases of $16,000,000 for Federal Law 
Enforcement agencies to combat child exploitation using the 
Internet, and to apprehend unregistered sex offenders.
    We are pleased that the bill includes increased funding for 
the DEA's Mobile Enforcement Teams to help local law 
enforcement deal with the most acute cases of drug-related 
crime and violence. With the resources provided in this bill, 
the DEA can begin work toward the goal of re-establishing a MET 
in each DEA field division.
    The bill also includes over $3.1 billion for State and 
Local Law Enforcment accounts, including programs addressing 
violence against women, gangs, and methamphetamine, as well as 
an increase of $10,000,000 in the State Criminal Alien 
Assistance Program (SCAAP). The costs incurred by local 
jurisdictions to incarcerate undocumented criminal aliens 
continue to rise. The SCAAP program provides important partial 
Federal reimbursement for costs related to what is truly a 
national not a local problem: immigration enforcement. Actual 
costs incurred by local jurisdictions for these incarceration 
expenses have been estimated at approximately $800 million, 
roughly double the amount provided in the bill. The bill also 
restores funding to the Byrne/Justice Assistance Grants program 
at $550,000,000, an increase of over $379,000,000 above the 
enacted level.
    For NASA, the bill includes $17,768,967,000, which is 
$154,767,000 above the request. We appreciate that this level 
includes requested funding to keep NASA on track with the 
development of the Orion and Ares Exploration systems, while 
also providing increases for Space Science and Aeronautics 
Research.
    For the NSF, we are very pleased by the overall funding 
level, but note that the core research account that is the 
Nation's primary source of support for transformative basic 
scientific research is cut $49,850,000 below the request. We 
would have preferred that full funding for the research account 
take precedence over other Foundation programs and activities.
    In conclusion, while we have concerns with the overall 
spending in the bill, we would like to again express 
appreciation to Chairman Mollohan and Chairman Obey for their 
openness and consideration. We are grateful for the cooperative 
approach, and look forward to working together as the process 
continues to produce a bill that funds critical national 
priorities.

                                   Jerry Lewis.
                                   Rodney P. Frelinghuysen.
