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Page:United States Statutes at Large Volume 123.djvu/593

 123STA T .57 3 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9arep r og ra m m in g u n d er s e ct ion 50 5o f t h is A ct and sha l l not b e a v ailable for obligation or e x penditure except in compliance w ith the procedures set forth in that section .AS S ET S FOR FE I T U RE FU NDF or expenses authori z edb y28U . S. C . 52 4( c ) ( 1 )( B ) , (F), and ( G ), $ 20, 9 90,000, to be derived from the D epartment of J ustice Assets Forfeiture Fund. UNITED STATES M ARS H A L S SER V I C E SALARIES AND E XP ENSES For necessary expenses of the United States Marshals Service, $950,000,000 of which not to exceed $ 3 0,000 shall be available for official reception and representation expenses; of which not to exceed $4,000,000 shall remain available until expended for information technology systems; and of which not less than $12, 6 25,000 shall be available for the costs of courthouse security e q uipment, including furnishings, relocations, and telephone sys - tems and cabling, and shall remain available until expended. CONSTRUCTION For construction in space controlled, occupied or utilized by the United States Marshals Service for prisoner holding and related support, $4,000,000, to remain available until expended. N ATIONAL SECURIT Y DIVISION SALARIES AND EXPENSES For expenses necessary to carry out the activities of the National Security Division, $83, 7 89,000; of which not to exceed $5,000,000 for information technology systems shall remain avail- able until expended
 * Provide

d, T hat notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for the activities of the National Security Division, the Attorney General may transfer such amounts to this heading from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided fu r th er, That any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. I NTERA G ENCY L A WE NFORCE M ENT INTERAGENCY CRIME AND DRUG ENFORCEMENT For necessary expenses for the identification, investigation, and prosecution of individuals associated with the most significant drug traffic k ing and affiliated money laundering organizations not other- wise provided for, to include inter-governmental agreements with State and local law enforcement agencies engaged in the investiga- tion and prosecution of individuals involved in organized crime drug trafficking, $515,000,000, of which $50,000,000 shall remain


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Page:United States Statutes at Large Volume 123.djvu/594

 123STA T .574PUBLIC LA W 111 –8—M A R .11, 2 0 0 9av a il a b l eunt ile xp en d ed
 * Provide

d ,Th at an y a mo unt s obli g ated fr om appropriations under this heading may be used under authori - ties available to the organi z ations reimbursed from this appropria- tion .FED E RALBU REAU OFINV E STIG ATION SALARIES AND E XP ENSES For ne c essary expenses of the Federal Bureau of Investigation for detection, investigation, and prosecution of crimes against the U nited S tates , 065, 1 00,000; of w hich not to exceed $150,000,000 shall remain available until expended: Provided, That not to exceed $ 2 05,000 shall be available for official reception and representation expenses. C ONSTRUCTION For necessary expenses to construct or ac q uire buildings and sites by purchase, or as otherwise authorized by law ( including equipment for such buildings ) owned buildings; and preliminary planning and design of pro j ects; $15 3, 49 1,000, to remain available until expended. D RUG E NFORCE M ENT A DMINISTRATION SALARIES AND EXPENSES For necessary expenses of the Drug Enforcement Administra- tion, including not to exceed $70,000 to meet unforeseen emer- gencies of a confidential character pursuant to 2 8 U.S. C. 530C; and expenses for conducting drug education and training programs, including travel and related expenses for participants in such pro- grams and the distribution of items of to k en value that promote the goals of such programs, $1,939,084,000; of which not to exceed $75,000,000 shall remain available until expended; and of which not to exceed $100,000 shall be available for official reception and representation expenses. BUREAU OF ALCO H OL, TO B ACCO, FIREARMS AND EXPLOSIVES SALARIES AND EXPENSES For necessary expenses of the Bureau of Alcohol, Tobacco, Fire- arms and Explosives, not to exceed $40,000 for official reception and representation expenses; for training of State and local law enforcement agencies with or without reimbursement, including training in connection with the training and acquisition of canines for explosives and fire accelerants detection; and for provision of laboratory assistance to State and local law enforcement agencies, with or without reimbursement, $1,054,215,000, of which not to exceed $1,000,000 shall be available for the payment of attorneys ’ fees as provided by section 924(d)(2) of title 18, United States Code; and of which $10,000,000 shall remain available until expended: Provided, That no funds appropriated herein shall be available for salaries or administrative expenses in connection with consolidating or centralizing, within the Department of J ustice, the records, or any portion thereof, of acquisition and disposition of firearms maintained by Federal firearms licensees: Provided
 * $7
 * conversion and extension of federally-

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Author:Klara Agnes Stroebe

Works

 * The Norwegian Fairy Book. Edited by Clara Stroebe. Translated by Frederick H. Martens. With six Illustrations in Colour by George W. Hood. New York: Frederick A. Stokes Company, [c1922] HathiTrust

title: Author:Klara Agnes Stroebe


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Page:United States Statutes at Large Volume 123.djvu/595

 123STA T .57 5 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9furthe r ,Thatnofu n ds a p p r opr i at e d herein sha l l b eusedtopa y ad m inistrati v ee x penses or the c ompensation of any officer or employee of the U nited S tates to implement an amendment or amendments to 27CFR4 7 8.1 18 or to chan g e the definition of ‘ ‘Curios or relics ’ ’ in 27 CFR 478.11 or remove any item from A TF P ublication 530 0.11 as it existed on J anuary 1, 1 9 94
 * P

r ovid ed further, That none of the funds appropriated herein shall be avail - able to investigate or act upon applications for relief from Federal firearms disabilities under 18 U.S.C. 925 ( c )
 * Provided further, That

such funds shall be available to investigate and act upon applica- tions filed by corporations for relief from Federal firearms disabil- ities under section 925(c) of title 18, United States Code: Provided further, That no funds made available by this or any other Act may be used to transfer the functions, missions, or activities of the B ureau of Alcohol, Tobacco, Firearms and E xplosives to other agencies or D epartments in fiscal year 2009: Provided further, That, beginning in fiscal year 2009 and thereafter, no funds appropriated under this or any other Act may be used to disclose part or all of the contents of the Firearms Trace System database maintained by the N ational Trace Center of the Bureau of Alcohol, Tobacco, Firearms and Explosives or any information re q uired to be k ept by licensees pursuant to section 923(g) of title 18, United States Code, or required to be reported pursuant to paragraphs (3) and (7) of such section 923(g), except to: (1) a Federal, State, local, tribal, or foreign la w enforcement agency, or a Federal, State, or local prosecutor, solely in connection with and for use in a criminal investigation or prosecution or (2) a Federal agency for a national security or intelligence purpose; and all such data shall be immune from legal process, shall not be sub j ect to subpoena or other discovery, shall be inadmissible in evidence, and shall not be used, relied on, or disclosed in any manner, nor shall testi- mony or other evidence be permitted based on the data, in a civil action in any State (including the District of Columbia) or Federal court or in an administrative proceeding other than a proceeding commenced by the Bureau of Alcohol, Tobacco, Firearms and Explosives to enforce the provisions of chapter 44 of such title, or a review of such an action or proceeding; except that this proviso shall not be construed to prevent: (A) the disclosure of statistical information concerning total production, importation, and exportation by each licensed importer (as defined in section 921(a)(9) of such title) and licensed manufacturer (as defined in section 921(a)(10) of such title); (B) the sharing or exchange of such information among and between Federal, State, local, or for- eign law enforcement agencies, Federal, State, or local prosecutors, and Federal national security, intelligence, or counterterrorism offi- cials; or (C) the publication of annual statistical reports on products regulated by the Bureau of Alcohol, Tobacco, Firearms and Explo- sives, including total production, importation, and exportation by each licensed importer (as so defined) and licensed manufacturer (as so defined), or statistical aggregate data regarding firearms traffickers and trafficking channels, or firearms misuse, felons, and trafficking investigations: Provided further, That no funds made available by this or any other Act shall be expended to promulgate or implement any rule requiring a physical inventory of any busi- ness licensed under section 923 of title 18, United States Code: Provided further, That no funds under this Act may be used to electronically retrieve information gathered pursuant to 18 U.S.C. Ef f ectiv e da te .F i r ear ms data. 18USC923no te.


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Page:United States Statutes at Large Volume 123.djvu/596

 123STA T .576PUBLIC LA W 111 –8—M A R .11, 2 0 0 9923(g) ( 4 ) bynameor any p er s ona lid en t i f i c ation code
 * Provide

d fu r th er ,Th atnof u nds authori z edormadea v ailable under this or any other A ct may be used to deny any application for a license under section 923 of title 18, U nited S tates C ode, or rene w al of such a license due to a lac k of business activity, provided that the applicant is otherwise eligible to receive such a license, and is eligible to report business income or to claim an income ta x deduction for business expenses under the I nternal R evenue Code of 198 6.FED E RALP R ISON S Y S T E M SALARIES AND E XP ENSES For necessary expenses of the Federal Prison System for the administration, operation, and maintenance of Federal penal and correctional institutions, including purchase (not to exceed 81 0, of which 7 66 are for replacement only) and hire of law enforcement and passenger motor vehicles, and for the provision of technical assistance and advice on corrections related issues to foreign govern - ments, $5 ,595,754,000: Provided, That the Attorney G eneral may transfer to the H ealth Resources and Services Administration such amounts as may be necessary for direct expenditures by that Administration for medical relief for inmates of Federal penal and correctional institutions: Provided further, That the D irector of the Federal Prison System, where necessary, may enter into contracts with a fiscal agent or fiscal intermediary claims processor to deter- mine the amounts payable to persons who, on behalf of the Federal Prison System, furnish health services to individuals committed to the custody of the Federal Prison System: Provided further, That not to exceed $6,000 shall be available for official reception and representation expenses: Provided further, That not to exceed $50,000,000 shall remain available for necessary operations until September 30, 2010: Provided further, That, of the amounts pro- vided for contract confinement, not to exceed $20,000,000 shall remain available until expended to make payments in advance for grants, contracts and reimbursable agreements, and other expenses authorized by section 501(c) of the Refugee E ducation Assistance Act of 1980 (8 U.S.C. 1522 note), for the care and security in the United States of Cuban and Haitian entrants: Pro - vided further, That the Director of the Federal Prison System may accept donated property and services relating to the operation of the prison card program from a not-for-profit entity which has operated such program in the past notwithstanding the fact that such not-for-profit entity furnishes services under contracts to the Federal Prison System relating to the operation of pre-release serv- ices, halfway houses, or other custodial facilities. BU ILDIN G S AND F A C ILITIES For planning, ac q uisition of sites and construction of new facili- ties purchase and acquisition of facilities and remodeling, and equipping of such facilities for penal and correctional use, including all necessary expenses incident thereto, by contract or force account; and constructing, remodeling, and equipping necessary buildings and facilities at existing penal and correctional institutions, including all necessary expenses incident thereto, by contract or force account, $575,807,000, to remain available until expended, 42USC 2 50a.


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Page:United States Statutes at Large Volume 123.djvu/597

 123STA T .57 7 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9ofwhic h n o tles sth a n $1 1 0,627 ,000 shall b ea v ailable onl y fo rm o d erni z ation, maintenance and re p air, and of which not to e x ceed $1 4 ,000,000 shall be available to constr u ct areas for inmate wor k pro g rams
 * Provide

d, T hat labor of U nited S tates prisoners may be used for work performed under this appropriation .FED E RALP R ISON IND U S T RIES, IN C ORPORATED The F ederal P rison I ndustries, Incorporated, is hereby author - ized to make such expenditures, within the limits of funds and borrowing authority available, and in accord with the law, and to make such contracts and commitments, without regard to fiscal year limitations as provided by section 9 104 of title 3 1, United States C ode, as may be necessary in carrying out the program set forth in the budget for the current fiscal year for such corpora- tion, including purchase ( not to exceed five for replacement only ) and hire of passenger motor vehicles. LI M ITATION ON ADMINISTRATI V EE X PENSES, FEDERAL PRISON INDUSTRIES, INCORPORATED N ot to exceed $2,32 8 ,000 of the funds of the Federal Prison Industries, Incorporated shall be available for its administrative expenses, and for services as authorized by section 3109 of title 5, United States Code, to be computed on an accrual basis to be determined in accordance with the corporation ’ s current pre- scribed accounting system, and such amounts shall be exclusive of depreciation, payment of claims, and expenditures which such accounting system re q uires to be capitalized or charged to cost of commodities acquired or produced, including selling and shipping expenses, and expenses in connection with acquisition, construction, operation, maintenance, improvement, protection, or disposition of facilities and other property belonging to the corporation or in which it has an interest. STATE AND L OCAL LA WE NFORCEMENT A CTIVITIES O FFICE ON V IOLENCE A G AINST W OMEN VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS For grants, contracts, cooperative agreements, and other assist- ance for the prevention and prosecution of violence against women, as authorized by the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) ( ‘ ‘the 1968 Act’’) the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103 – 322) (‘‘the 1994 Act’’); the Victims of Child Abuse Act of 1990 (Public Law 101–647) (‘‘the 1990 Act’’); the Prosecutorial R emedies and Other Tools to end the Exploitation of Children Today Act of 2003 (Public Law 108–21); the J uvenile Justice and D elinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) (‘‘the 1974 Act’’); the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106–386) (‘‘the 2000 Act’’); and the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); and for related victims services, $415,000,000, to remain available until expended: Pro - vided, That except as otherwise provided by law, not to exceed 3 percent of funds made available under this heading may be


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Page:United States Statutes at Large Volume 123.djvu/598

 123STA T .578PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9usedfor e xp e n ses re lat edtoe v aluat i on , trainin g , andte ch nical assistance
 * Provide

d fu r th er, T hatofthea m ount provided (w hich shall b eb y transfer, for programs administered by the O ffice of J ustice P rograms )— ( 1 ) $ 1 5, 0 00,000 for the court - appointed special advocate program, as authori z ed by section 2 1 7 ofthe1 9 90 A ct (2) $2,500,000 for child abuse training programs for j udicial personnel and practitioners, as authorized by section 222 of the 1990 Act; ( 3 ) $190,000,000 for grants to combat violence against women, as authorized by part T of the 19 68 Act, of which— (A) $18,000,000 shall be for transitional housing assist- ance grants for victims of domestic violence, stal k ing or sexual assault as authorized by section 4 0299 of the 1994 Act; and ( B ) $1,880,000 shall be for the N ational I nstitute of Justice for research and evaluation of violence against women and related issues addressed by grant programs of the Office on V iolence Against W omen; (4) $60,000,000 for grants to encourage arrest policies as authorized by part U of the 1968 Act; (5) $12,000,000 for sexual assault victims assistance, as authorized by section 41601 of the 1994 Act; (6) $41,000,000 for rural domestic violence and child abuse enforcement assistance grants, as authorized by section 40295 of the 1994 Act; (7) $3,500,000 for training programs as authorized by sec- tion 40152 of the 1994 Act, and for related local demonstration projects; (8) $3,000,000 for grants to improve the stalking and domestic violence databases, as authorized by section 40602 of the 1994 Act; (9) $9,500,000 for grants to reduce violent crimes against women on campus, as authorized by section 304 of the 2005 Act; (10) $37,000,000 for legal assistance for victims, as author- ized by section 1201 of the 2000 Act; (11) $4,250,000 for enhanced training and services to end violence against and abuse of women in later life, as authorized by section 40802 of the 1994 Act; (12) $14,000,000 for the safe havens for children program, as authorized by section 1301 of the 2000 Act; (13) $6,750,000 for education and training to end violence against and abuse of women with disabilities, as authorized by section 1402 of the 2000 Act; (14) $3,000,000 for an engaging men and youth in preven- tion program, as authorized by section 41305 of the 1994 Act; (15) $1,000,000 for analysis and research on violence against Indian women, as authorized by section 904 of the 2005 Act; (16) $1,000,000 for tracking of violence against Indian women, as authorized by section 905 of the 2005 Act; (17) $3,500,000 for services to advocate and respond to youth, as authorized by section 41201 of the 1994 Act; (18) $3,000,000 for grants to assist children and youth exposed to violence, as authorized by section 41303 of the 1994 Act;


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Page:United States Statutes at Large Volume 123.djvu/599

 123STA T .579PUBLIC LA W 111 –8—M A R .11, 2 0 09 (19)$3,0 00,000 forthec o u rt tr ain in g an d i mp ro v ement s program, as authori z ed by section 4 100 2 of the 1994 A ct (20) $1,000,000 for the N ationa lR esource C enter on W or k- place Responses to assist victims of domestic violence, as authorized by section 41 5 01 of the 1994 Act; and (21) $1,000,000 for grants for televised testimony, as authorized by part N of title I of the 19 68 Act .OF F ICEO F JUST ICE PR O G R AM S J USTICE ASSISTA N CE F or grants, contracts, cooperative agreements, and other assist- ance authorized by title I of the Omnibus Crime Control and S afe Streets Act of 1968; the M issing Children ’ s Assistance Act (42 U .S.C. 5 7 71etse q .); the Prosecutorial Remedies and Other T ools to end the Ex ploitation of Children Today Act of 2003 (Public L a w 108 – 21); the Justice for All Act of 2004 (Public Law 108– 405); the V iolence Against Women and D epartment of Justice Reauthorization Act of 2005 (Public Law 109–162); the Victims of Child Abuse Act of 1990 (Public Law 101-647); the Victims of Crime Act of 1984 (Public Law 98–473); the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109–248); the PRO- TECT Our Children Act of 2008 (Public Law 110–401); subtitle DoftitleIIofthe H omeland Security Act of 2002 (Public Law 107–296), which may include research and development; and other programs (including the Statewide Automated Victim Notification Program); $220,000,000, to remain available until expended, of which (1) $45,000,000 is for criminal j ustice statistics programs, pursuant to part C of the 1968 Act, of which $26,000,000 is for the National Crime Victimization Survey; and (2) $48,000,000 is for research, development, and evaluation programs: Provide d , That section 1404(c)(3)(E)(i) of the Victims of Crime Act of 1984, as amended (42 U.S.C. 10603) is amended after ‘ ‘intern- ships’’ by inserting ‘‘and for grants under subparagraphs (1)(A) and ( B ), pursuant to rules or guidelines that generally establish a publicly-announced, competitive process’’. STATE AN DL OCAL LA W ENFORCEMENT ASSISTANCE For grants, contracts, cooperative agreements, and other assist- ance authorized by the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322) (‘‘the 1994 Act’’); the Omnibus Crime Control and Safe Streets Act of 1968 (‘‘the 1968 Act’’); the Justice for All Act of 2004 (Public Law 108–405); the Victims of Child Abuse Act of 1990 (Public Law 101–647) (‘‘the 1990 Act’’); the Trafficking Victims Protection Reauthorization Act of 2005 (Public Law 109–164); the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162); the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109–248); and the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106–386); and other programs; $1,328,500,000, to remain available until expended as follows: (1) $546,000,000 for the Edward Byrne Memorial Justice Assistance G rant program as authorized by subpart 1 of part E of title I of the 1968 Act, (except that section 1001(c), and


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Page:United States Statutes at Large Volume 123.djvu/600

 123STA T .580PUBLIC LA W 111 – 8 —M A R .11, 200 9thesp e cialru les fo r P uerto R ico u nd er section 50 5 (g), of the 1968A ct, shall not appl y for purposes of this Act), of w hich $ 5,000,000 is for use b y the N ational I nstitute of J ustice in assisting units of local go v ern m ent to identify, select, develop, moderni z e, and purchase new technologies for use by law enforcement, $ 2 ,000,000 is for a program to improve S tate and local law enforcement intelligence capabilities including antiterrorism training and training to ensure that constitu - tional rights, civil liberties, civil rights, and privacy interests are protected throughout the intelligence process, $ 7 ,000,000 is to reimburse State and local law enforcement for security and related costs, including overtime, associated with the e x traordinary security re q uired to protect the President-elect during the Presidential transition period and $20,000,000 is to reimburse State and local governments for extraordinary costs associated with the 2009 Presidential Inauguration; (2) $ 4 00,000,000 for the State C riminal Alien Assistance Program, as authorized by section 241(i)(5) of the Immigration and Nationality Act (8 U. S.C. 12 3 1(i)(5)); (3) $31,000,000 for the Southwest B order Prosecutor Initia- tive to reimburse State, county, parish, tribal, or municipal governments for costs associated with the prosecution of criminal cases declined by local offices of the United States Attorneys; (4) $3,000,000 for the Northern Border Prosecutor Initiative to reimburse State, county, parish, tribal or municipal govern- ments for the costs associated with the prosecution of criminal cases declined by local offices of United States Attorneys; (5) $178,500,000 for discretionary grants to improve the functioning of the criminal j ustice system, to prevent or combat juvenile delinquency, and to assist victims of crime (other than compensation)
 * Provide

d ,T hat within the amounts appro- priated, $178,500,000 shall be used for the projects, and in the amounts specified in the explanatory statement described in section 4 (in the matter preceding division A of this consoli- dated Act); (6) $30,000,000 for competitive grants to improve the func- tioning of the criminal justice system, to prevent or combat juvenile delinquency, and to assist victims of crime (other than compensation); (7) $2,000,000 for the purposes described in the M issing Alzheimer ’ s D isease Patient Alert Program (section 240001 of the 1994 Act); (8) $10,000,000 for victim services programs for victims of traffic k ing, as authorized by section 107(b)(2) of Public L aw 106 – 386 and for programs authorized under Public Law 109– 164; (9) $40,000,000 for Drug Courts, as authorized by section 1001(25)(A) of title I of the 1968 Act; (10) $7,000,000 for a prescription drug monitoring program; (11) $12,500,000 for prison rape prevention and prosecution and other programs, as authorized by the Prison Rape E limi- nation Act of 2003 (Public Law 108–79); (12) $10,000,000 for grants for Residential Substance Abuse Treatment for State Prisoners, as authorized by part S of title I of the 1968 Act;


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Page:United States Statutes at Large Volume 123.djvu/601

 123STA T .58 1 PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9(13)$5, 5 0 0,000 fortheCapi ta lL iti g atio nIm pro v ement G rant P rogram, a s a u thori z e dby se c tion 426 of Public La w 10 8– 405, and for grants for wrongful prosecution review (14) $10,000,000 for mental health courts and adult and j uvenile collaboration program grants, as authorized by parts V and H HoftitleIofthe1 9 68 A ct, and the M entally Ill O ffender T reatment and Crime R eduction Reauthorization and Improvement Act of 2008 (Public Law 110–416); (15) $25,000,000 for assistance to Indian tribes, of which — (A) $10,000,000 shall be available for grants under section 20109 of subtitle A of title II of the 1994 Act; ( B ) $9,000,000 shall be available for the Tribal Courts Initiative; and (C) $6,000,000 shall be available for tribal alcohol and substance abuse reduction assistance grants; and (16) $18,000,000 for economic, high technology and Internet crime prevention grants
 * Provide

d, That, if a unit of local government uses any of the funds made available under this heading to increase the number of law enforcement officers, the unit of local government will achieve a net gain in the number of law enforcement officers who perform nonadministrative public safety service .WE E DAN D S EED PROG RA MFU ND F or necessary e x penses, including salaries and related expenses of the Office of W eed and S eed Strategies, $25,000,000, to remain available until expended, as authorized by section 103 of title I of the Omnibus Crime Control and Safe Streets Act of 1968. J U V EN IL E JUS T I C E PROGRAMS For grants, contracts, cooperative agreements, and other assist - ance authorized by the J uvenile Justice and D elin q uency Prevention Act of 19 7 4( ‘ ‘the 1974 Act ’ ’), the Omnibus Crime Control and Safe Streets Act of 1968 (‘‘the 1968 Act’’), the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162), the Missing Children’s Assistance Act (42 U .S.C. 5771 et seq.); the Prosecutorial Remedies and Other Tools to end the E xploitation of Children Today Act of 2003 (Public Law 108–21); the Victims of Child Abuse Act of 1990 (Public Law 101–647); the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109–248); the PROTECT Our Children Act of 2008 (Public Law 110–401), and other juvenile justice programs, $374,000,000, to remain available until expended as follows: (1) $75,000,000 for programs authorized by section 221 of the 1974 Act, and for training and technical assistance to assist small, non-profit organizations with the Federal grants process; (2) $82,000,000 for grants and projects, as authorized by sections 261 and 262 of the 1974 Act: Provided , That within the amounts appropriated, $82,000,000 shall be used for the projects, and in the amounts, specified in the explanatory state- ment described in section 4 (in the matter preceding division A of this consolidated Act); (3) $80,000,000 for youth mentoring grants;


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Page:United States Statutes at Large Volume 123.djvu/602

 123STA T .58 2 PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9(4)$62,0 00,000 fordelinqu en cyp re v en t ion, as aut h ori z ed b y section 5 05 of the 197 4 A ct, of w hich, pursuant to sections 261 and 262 thereof — (A) $25,000,000 shall be for the T ribal Y outh P ro g ra m; ( B ) $10,000,000 shall be for a gang resistance education and training program; and ( C ) $25,000,000 shall be for grants of $ 3 60,000 to each S tate and $4, 8 40,000 shall be available for discretionary grants, for programs and activities to enforce State laws prohibiting the sale of alcoholic beverages to minors or the purchase or consumption of alcoholic beverages by minors, for prevention and reduction of consumption of alcoholic beverages by minors, and for technical assistance and training; (5) $20,000,000 for programs authorized by the V ictims of Child Abuse Act of 1990; and (6) $55,000,000 for the J uvenile Accountability Bloc kG rants program as authorized by part R of title I of the 1968 Act and Guam shall be considered a State
 * Provide

d, That not more than 10 percent of each amount may be used for research, evaluation, and statistics activities designed to benefit the programs or activities authorized: Provided fu r th er, That not more than 2 percent of each amount may be used for training and technical assistance: Provided further, That the pre - vious two provisos shall not apply to grants and pro j ects authorized by sections 261 and 262 of the 1974 Act .PUBLICSAFETYO FFICE R BE N EFITS F or payments and e x penses authorized by part L of title I of the O mnibus Crime Control and Safe Streets Act of 1968 (42 U .S.C. 3796), such sums as are necessary, as authorized by section 6093 of Public Law 100 – 690 (102 Stat. 4339–4340) (including amounts for administrative costs, which amounts shall be paid to the ‘ ‘Salaries and E xpenses ’ ’ account), to remain available until expended; and $5,000,000 for payments authorized by section 1201(b) of such Act; and $4,100,000 for educational assistance, as authorized by section 1212 of such Act. CO M MUNITY ORIENTE D POLICIN G SER V ICES For activities authorized by the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322); the Omnibus Crime Control and Safe Streets Act of 1968 (‘‘the 1968 Act’’); the Violence Against W omen and D epartment of Justice Reauthoriza- tion Act of 2005 (Public Law 109–162); subtitle D of title II of the H omeland Security Act of 2002 (Public Law 107–296), which may include research and development; and the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 109– 177); the Second Chance Act of 2007 (Public Law 110–199); the N ICS Improvement Amendments Act of 2007 (Public Law 110– 180); the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109–248) (the ‘‘Adam Walsh Act’’); and the Justice for All Act of 2004 (Public Law 108–405), $550,500,000, to remain available until expended: Provided, That any balances made avail- able through prior year deobligations shall only be available in accordance with section 505 of this Act. Of the amount provided


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Page:United States Statutes at Large Volume 123.djvu/603

 123STA T .58 3 PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9(whic h s h al l be b ytr a n s f er , f o r p ro g ra m sa d ministered by the O ffice of Ju stice P rograms )— ( 1 ) $25, 0 00,000 is for the matching grant program for armor v ests for law enforcement officers, as authori z ed by section 2501 of title I ofthe1 968A ct
 * Provide

d, T hat $1,500,000 is transferred directly to the N ational Institute of S tandards and Technology ’ s Office of L aw E nforcement Standards from the C ommunity Oriented Policing Services Office for research, testing, and evaluation programs: Provided fu r th er , That sec - tion 2501(f) of part Y oftitleIofthe1968Act( 4 2 U. S.C. 37 96 l l(f)), is amended by inserting at the end the following: ‘ ‘(3) WAIVER .—The D irector may waive in whole or in part, the match re q uirement of paragraph (1) in the case of fiscal hardship, as determined by the Director.’’ (2) $39,500,000 is for grants to entities described in section 1701 of title I of the 1968 Act, to address public safety and methamphetamine manufacturing, sale, and use in hot spots as authorized by section 754 of Public Law 109 – 177, and for other anti-methamphetamine-related activities: Provided, That within the amounts appropriated, $34,500,000 shall be used for the pro j ects, and in the amounts, specified in the e x plana- tory statement described in section 4 (in the matter preceding division A of this consolidated Act); (3) $187,000,000 is for a law enforcement technologies and interoperable communications program, and related law enforcement and public safety equipment: Provided, That within the amounts appropriated, $185,500,000 shall be used for the projects, and in the amounts, specified in the explana- tory statement described in section 4 (in the matter preceding division A of this consolidated Act); (4) $25,000,000 is for offender re-entry programs, as author- ized under section 101 and 211 of the Second Chance Act of 2007 (Public Law 110–199), of which $15,000,000 is for grants for adult and juvenile offender state and local reentry demonstration projects, and $10,000,000 is for grants for men- toring and transitional services; (5) $10,000,000 is for grants to assist States and tribal governments as authorized by the NICS Improvements Amend- ments Act of 2007 (Public Law 110–180); (6) $10,000,000 is for grants to upgrade criminal records, as authorized under the Crime Identification Technology Act of 1998 (42 U.S.C. 14601); (7) $156,000,000 is for DNA related and forensic programs and activities as follows: (A) $151,000,000 for a DNA analysis and capacity enhancement program and for other local, state, and F ed- eral forensic activities including the purposes of section 2 of the DNA Analysis B ac k log Elimination Act of 2000 (the Debbie Smith DNA Backlog G rant Program); and (B) $5,000,000 for the purposes described in the K irk Bloodsworth Post-Conviction DNA Testing Program (Public Law 108–405, section 412); (8) $20,000,000 is for improving tribal law enforcement, including equipment and training; (9) $15,000,000 is for programs to reduce gun crime and gang violence; (10) $4,000,000 is for training and technical assistance;


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Page:United States Statutes at Large Volume 123.djvu/604

 123STA T .584PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9(1 1 )$ 1 8,0 00,000 isforan a t iona lg rant p rogra m t he p u r - pose of w hi c h is to assist S tate an d local law enforcement to locate, arrest and prosecute child se x ual predators and exploiters, and to enforce sex offender registration laws descri b ed in section 1 7 01(b) of the 1 96 8 A ct, of which (A) $ 5 ,000,000 is for sex offender management assist- ance as authori z edb y the Adam W alsh Act and the V iolent C rime Control Act of 199 4 ( P ublic L aw 10 3– 3 2 2) and ( B ) $1,000,000 is for the N ational Sex O ffender Public R egistry; (12) $16,000,000 is for expenses authorized by part AA of the 1968 Act (Secure our Schools); and (13) $25,000,000 is for Paul Co v erdell F orensic Science I mprovement G rants under part BB of title I of the 1968 Act .SAL A RIE SA ND E XP ENSES For necessary expenses, not elsewhere specified in this title, for management and administration of programs within the Office on Violence Against Women, the Office of J ustice Programs and the Community Oriented Policing Services Office, $174,000,000, of which not to exceed $14,000,000 shall be available for the Office on Violence Against Women; not to exceed $130,000,000 shall be available for the Office of Justice Programs; not to exceed $30,000,000 shall be available for the Community Oriented Policing Services Office: Provide d, T hat, notwithstanding section 109 of title I of Public Law 90–351, an additional amount, not to exceed $21,000,000 shall be available for authorized activities of the Office of Audit, Assessment, and M anagement: Provided fu r th er , That the total amount available for management and administration of such programs shall not exceed $195,000,000. GENERAL PR OV ISIONS —D EPAR TM ENT O F J U STI C E SEC. 201. In addition to amounts otherwise made available in this title for official reception and representation expenses, a total of not to exceed $50,000 from funds appropriated to the Depart- ment of Justice in this title shall be available to the Attorney General for official reception and representation expenses. SEC. 202. None of the funds appropriated by this title shall be available to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape: Provided, That should this prohibition be declared unconstitutional by a court of competent j urisdiction, this section shall be null and void. SEC. 203. None of the funds appropriated under this title shall be used to re q uire any person to perform, or facilitate in any way the performance of, any abortion. SEC. 204. Nothing in the preceding section shall remove the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive such service out- side the Federal facility: Provided, That nothing in this section in any way diminishes the effect of section 203 intended to address the philosophical beliefs of individual employees of the Bureau of Prisons. SEC. 205. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Justice Aborti o n. Abortion.


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Page:United States Statutes at Large Volume 123.djvu/605

 123STA T .58 5 PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9inth i sAc t maybe t r ans f erre d bet w een s u cha p pr o priations , but no such appropriation, e x cept as otherwise specifica l ly pro v ided, shall be increased by more than 10 percent by any such transfers
 * Provide

d, T hat any transfer pursuant to this section shall be treated as a repro g ramming of funds under section 5 05 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section: Provided fu r th er, That none of the funds appropriated to ‘ ‘ B uildings and F acilities, Federal P rison S ystem ’ ’ in this or any other Act may be transferred to ‘‘Salaries and E xpenses, Federal Prison System’’, or any other D epartment of J ustice account, unless the President certifies that such a transfer is necessary to the national security interests of the U nited States, and such authority shall not be delegated, and shall be sub j ect to section 505 of this Act . S EC. 2 0 6 . The Attorney G eneral is authori z ed to extend through September 3 0, 2010, the Personnel M anagement Demonstration Project transferred to the Attorney General pursuant to section 1115 of the H omeland Security Act of 2002, Public L aw 10 7– 2 9 6 ( 6 U.S. C . 533 ) without limitation on the number of employees or the positions covered. SEC. 207. N otwithstanding any other provision of law, Public Law 102–395 section 102(b) shall extend to the Bureau of Alcohol, Tobacco, Firearms and Explosives in the conduct of undercover investigative operations and shall apply without fiscal year limita - tion with respect to any undercover investigative operation initiated by the Bureau of Alcohol, Tobacco, Firearms and Explosives that is necessary for the detection and prosecution of crimes against the United States. SEC. 20 8 . None of the funds made available to the Department of Justice in this Act may be used for the purpose of transporting an individual who is a prisoner pursuant to conviction for crime under State or Federal law and is classified as a maximum or high security prisoner, other than to a prison or other facility certified by the Federal Bureau of Prisons as appropriately secure for housing such a prisoner. SEC. 209. (a) None of the funds appropriated by this Act may be used by Federal prisons to purchase cable television services, to rent or purchase videocassettes, videocassette recorders, or other audiovisual or electronic e q uipment used primarily for recreational purposes. (b) The preceding sentence does not preclude the renting, maintenance, or purchase of audiovisual or electronic equipment for inmate training, religious, or educational programs. SEC. 210. None of the funds made available under this title shall be obligated or expended for Sentinel, or for any other major new or enhanced information technology program having total esti- mated development costs in excess of $ 100,000,000, unless the Deputy Attorney General and the investment review board certify to the Committees on Appropriations that the information tech- nology program has appropriate program management and con- tractor oversight mechanisms in place, and that the program is compatible with the enterprise architecture of the Department of Justice. SEC. 211. The notification thresholds and procedures set forth in section 505 of this Act shall apply to deviations from the amounts Notif i ca tio n.Ap p l ica b ilit y . Cer tification. I n v e s ti g ations. Applicability. 28US C 53 3 note. P ro j ect e x tension. 5USC3 104 note. Presi d ent. Certification.


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Page:United States Statutes at Large Volume 123.djvu/606

 123STA T .586PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9designat ed for s p e c ific acti v ities in t h is A ct and acco m pan y ing state - ment , and to any u se of deo bl igated balances of funds provided under this title in previous years .SEC . 21 2. N one of the funds appropriated by this Act may be used to plan for, begin, continue, finish, process, or approve a public-private competition under the O ffice of M anagement and B udget C ircular A –76 or any successor administrative regulation, directive, or policy for w or k performed by employees of the Bureau of P risons or of F ederal Prison I ndustries, Incorporated. SEC. 21 3 . Notwithstanding any other provision of law, no funds shall be available for the salary, benefits, or e x penses of any U nited States Attorney assigned dual or additional responsibilities by the Attorney G eneral or his designee that exempt that United States Attorney from the residency re q uirements of 2 8 U.S.C. 54 5. SEC. 214. None of the funds appropriated in this or any other Act shall be obligated for the initiation of a future phase of the Federal Bureau of Investigation ’ s Sentinel program until the Attorney General certifies to the Committees on Appropriations that existing phases currently under contract for development or fielding have completed a ma j ority of the work for that phase under the performance measurement baseline validated by the integrated baseline review conducted in 2 0 08
 * Provide

d, T hat this restriction does not apply to planning and design activities for future phases: Provided fu r th er, That the Bureau will notify the Committees on Appropriations of any significant changes to the baseline. SEC. 215. ( a ) The Attorney General shall submit quarterly reports to the Inspector General of the D epartment of J ustice regarding the costs and contracting procedures relating to each conference held by the Department of Justice during fiscal year 200 9 for which the cost to the Government was more than $ 20,000. (b) E ach report submitted under subsection (a) shall include, for each conference described in that subsection held during the applicable quarter — (1) a description of the subject of and number of partici- pants attending that conference (2) a detailed statement of the costs to the Government relating to that conference, including— (A) the cost of any food or beverages; (B) the cost of any audio-visual services; and (C) a discussion of the methodology used to determine which costs relate to that conference; and (3) a description of the contracting procedures relating to that conference, including— (A) whether contracts were awarded on a competitive basis for that conference; and (B) a discussion of any cost comparison conducted by the Department of Justice in evaluating potential contrac- tors for that conference. This title may be cited as the ‘ ‘Department of Justice Appropria- tions Act, 2009’’. Deadlin e s.R e port s. N oti f i c ation. C ertification.


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Page:United States Statutes at Large Volume 123.djvu/607

 123STA T .587PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9TI T LE III SC IE N CE OF F ICEO F SCIE N CE A N D TEC H NO L O GYP OLICY Fornec e s s a r y e xp enses o fth e Off i ce of Science an d Techno l o g y Policy , in carrying o u t the purposes of the National Science and Technology Policy, Organi z ation, and Priorities A ct of 1976(42U. S.C. 66 0 1 – 6671 ) , hire of passenger m otor v ehicles, and services as authorized b y 5 U.S.C. 3 109, not to exceed $ 2,500 for official reception and representation expenses, and rental of conference rooms in the D istrict of Columbia, $5,303,000. NA T IONAL AE R ONA U TIC S AND S P ACE AD M INISTRATION SCIENCE For necessary expenses, not other w ise provided for, in the conduct and support of science research and development activities, including research, development, operations, support, and services maintenance; construction of facilities including repair, rehabilita - tion, revitalization, and modification of facilities, construction of new facilities and additions to existing facilities, facility planning and design, and restoration, and ac q uisition or condemnation of real property, as authorized by law; environmental compliance and restoration; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–5902; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $4,503,019,000 to remain available until September 30, 2010. AERONAUTICS For necessary expenses, not otherwise provided for, in the conduct and support of aeronautics research and development activi- ties, including research, development, operations, support, and serv- ices; maintenance; construction of facilities including repair, rehabilitation, revitalization, and modification of facilities, construc- tion of new facilities and additions to existing facilities, facility planning and design, and restoration, and acquisition or condemna- tion of real property, as authorized by law; environmental compli- ance and restoration; space flight, spacecraft control, and commu- nications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–5902; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $500,000,000 to remain available until September 30, 2010. E X PLORATION For necessary expenses, not otherwise provided for, in the conduct and support of exploration research and development activi- ties, including research, development, operations, support, and serv- ices; maintenance; construction of facilities including repair, Scien ce Ap p ro pri at ion s Act ,20 0 9.


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Page:United States Statutes at Large Volume 123.djvu/608

 123STA T .58 8 PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9rehabil i t ati on, re v itali z ation, an dm odi f i c ation of facilitie s , constr u c - tion of ne w facilities and additions to e x istin g facilities, facilit yp lanning and design, and restoration, and ac q uisition or condemna- tion of real property, as authorized by law environmental compli- ance and restoration; space flight, spacecraft control, and commu- nications activities; program management, personnel and related costs, including uniforms or allowances therefor, as authorized by 5U.S. C .5 901– 590 2 motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $3 ,505, 46 9,000 to remain available until September 30, 2010. SPACEO PE R A TI O N S F or necessary expenses, not otherwise provided for, in the conduct and support of space operations research and development activities, including research, development, operations, support and services; space flight, spacecraft control and communications activi- ties including operations, production, and services; maintenance; construction of facilities including repair, rehabilitation, revitaliza- tion and modification of facilities, construction of new facilities and additions to existing facilities, facility planning and design, and restoration, and acquisition or condemnation of real property, as authorized by law; environmental compliance and restoration; program management; personnel and related costs, including uni- forms or allowances therefor, as authorized by 5 U.S.C. 5901– 5902; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance and operation of mission and administrative aircraft, $5, 7 64,710,000, to remain available until September 30, 2010
 * travel expenses; purchase and hire of passenger
 * Provide

d ,T hat of the amounts provided under this heading, $2,9 8 1,724,000 shall be for Space Shuttle operations, production, research, development, and support, $2,060,162,000 shall be for I nternational Space Station operations, production, research, development, and support, and $722,824,000 shall be for Space and Flight support. E DU CATION For necessary expenses, not otherwise provided for, in carrying out aerospace and aeronautical education research and development activities, including research, development, operations, support, and services; program management; personnel and related costs, uni- forms or allowances therefor, as authorized by 5 U.S.C. 5901– 5902; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $169,200,000, to remain available until September 30, 2010. CROSS A G ENC Y SUPPORT For necessary expenses, not otherwise provided for, in the conduct and support of science, aeronautics, exploration, space oper- ations and education research and development activities, including research, development, operations, support, and services; mainte- nance; construction of facilities including repair, rehabilitation, revitalization, and modification of facilities, construction of new facilities and additions to existing facilities, facility planning and design, and restoration, and acquisition or condemnation of real


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Page:United States Statutes at Large Volume 123.djvu/609

 123STA T .589PUBLIC LA W 111 – 8 —M A R .11, 2 0 09 pro p e r ty,as a u t h or iz e db y l a w; e nv iron m ental c ompliance and res - toration; space f li g ht, spacecraft control, and communications activi- ties; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by 5U.S. C . 5 901– 590 2 x penses; purchase and hire of passenger motor vehicles; not to exceed $7 0,000 for official reception and representa- tion expenses; and purchase, lease, charter, maintenance, and oper- ation of mission and administrative aircraft, $ 3 ,30 6 ,3 8 7,000, to remain available until September 30, 2010
 * travel e
 * Provide

d ,T hat $2,02 4 ,000,000, together with not more than $9,000,000 to be derived from receipts pursuant to 42 U.S.C. 2459 j , shall be available for center management and operations: Provided fu r th er, That not- withstanding 42 U.S.C. 2459j, proceeds from enhanced use leases that may be made available for obligation for fiscal year 2009 shall not exceed $9,000,000: Provided further, That each annual budget re q uest shall include an annual estimate of gross receipts and collections and proposed use of all funds collected pursuant to 42 U.S.C. 2459j: Provided further, That not less than $45,000,000 shall be available for independent verification and validation activi- ties, of which $5,000,000 shall be available to develop core verification and validation competencies with small businesses, and $40,000,000 shall be available for operations of the independent verification and validation facility: Provided further, That within the amounts appropriated $67,500,000 shall be used for the projects, and in the amounts, specified in the explanatory statement described in section 4 ( in the matter preceding division A of this consolidated Act ) . OF F ICE OFI NSP EC T O RG ENER ALF or necessary expenses of the O ffice of I nspector G eneral in carrying out the Inspector General Act of 1978, $33,600,000, to remain available until September 30, 2010. A DM INISTRATI V E PROVISIONS N otwithstanding the limitation on the duration of availability of funds appropriated to the National Aeronautics and Space Administration for any account in this Act, except for ‘ ‘Office of Inspector General ’ ’, when any activity has been initiated by the incurrence of obligations for construction of facilities or environ- mental compliance and restoration activities as authorized by law, such amount available for such activity shall remain available until expended. This provision does not apply to the amounts appro- priated for institutional minor revitalization and minor construction of facilities, and institutional facility planning and design. Notwithstanding the limitation on the availability of funds appropriated to the National Aeronautics and Space Administration for any account in this Act, except for ‘‘Office of Inspector General’’, the amounts appropriated for construction of facilities shall remain available until September 30, 2011. Funds for announced prizes otherwise authorized shall remain available, without fiscal year limitation, until the prize is claimed or the offer is withdrawn. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the National Aeronautics and Space Administration in this Act may be transferred between such appro- priations, but no such appropriation, except as otherwise specifically 42USC16 611 bnote.


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Page:United States Statutes at Large Volume 123.djvu/610

 123STA T .590PUBLIC LA W 111 –8—M A R .11, 2009 provide d ,shal l b ei nc reased b ym ore t han 10 percent by any s u ch trans f ers .A ny transfer pursuant to this provision shall be treated as a repro g ramming of funds under section 5 05 of this Act and shall not be available for obligation e x cept in compliance w ith the procedures set forth in that section. N otwithstanding any other provision of law, no funds shall be used to implement any R eduction in F orce or other involuntary separations ( except for cause ) by the National Aeronautics and S pace Administration prior to September 3 0, 2 00 9 . T he unexpired balances of the Science, Aeronautics, and E xplo - ration account, for activities for which funds are provided under this Act, may be transferred to the new accounts established in this Act that provide such activity. B alances so transferred shall be merged with the funds in the newly established accounts, but shall be available under the same terms, conditions and period of time as previously appropriated. For the closeout of all Space Shuttle contracts and associated programs, amounts that have expired but have not been cancelled in the H uman Space Flight, Space Flight C apabilities, and Explo- ration Capabilities appropriations accounts shall remain available through fiscal year 2015 for the li q uidation of valid obligations incurred during the period of fiscal year 2001 through fiscal year 2009. Funding designations and minimum funding requirements con- tained in any other Act shall not be applicable to funds appropriated by this title for the National Aeronautics and Space Administration. The Administrator of NASA shall, not later than February 2, 2009, submit to the appropriate committees of Congress a report that delineates by fiscal year, mission directorate and ob j ect class the full costs necessary for Space Shuttle retirement and transition activities for fiscal years 200 6 through 2015 that includes, but is not limited to, the following (1) the costs for environmental compliance and remediation (2) the gross and net proceeds from exchange sales of excess Space Shuttle equipment; (3) the costs to maintain required facilities at K ennedy Space Center during the gap in human space flight; ( 4 ) the costs associated with preservation of historic prop- erties; (5) the costs of wor k force transition; and (6) other costs related to Space Shuttle retirement and transition. N ATION A L S C I E NCE FO U N D ATION R E S EARC H AND RELATED ACTI V ITIES For necessary expenses in carrying out the National Science Foundation Act of 1950, as amended (42 U .S.C. 1 8 61 – 18 7 5), and the Act to establish a National M edal of Science (42 U.S.C. 1880– 1881); services as authori z ed by 5 U.S.C. 3109; maintenance and operation of aircraft and purchase of flight services for research support; acquisition of aircraft; and authorized travel; $ 5,183,100,000, to remain available until September 30, 2010, of which not to exceed $540,000,000 shall remain available until expended for polar research and operations support, and for reimbursement to other Federal agencies for operational and science Deadlin e .R e ports .


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Page:United States Statutes at Large Volume 123.djvu/611

 123STA T .59 1 PUBLIC LA W 111 –8—M A R .11, 2 0 09 sup p ortandl o gi sti c al and ot he r related acti v ities f or the U nited S tates A ntarctic progra m:Provide d ,T hat from funds specified in the fiscal y ear 20 0 9b udget re q uest for icebrea k ing services, up to $54 ,000,000 shall be available for the procurement of polar icebreaking services: Provided fu r th er, That the N ational Science F oundation shall only reimburse the C oast G uard for such sums as are agreed to according to the e x isting memorandum of agree - ment: Provided further, That receipts for scientific support services and materials furnished by the National R esearch Centers and other National Science Foundation supported research facilities may be credited to this appropriation: Provided further , That not less than $ 13 3,000,000 shall be available for activities authori z ed by section 7 002 ( b ) (2)(A)(iv) of P ublic L a w 110 –6 9 .MAJOR R ES EAR CH E QUIP ME NT AN DF ACI L ITIES CONSTRUCTION For necessary expenses for the acquisition, construction, commissioning, and upgrading of ma j or research equipment, facili- ties, and other such capital assets pursuant to the National Science Foundation Act of 1950, as amended (42 U.S.C. 1 8 61–1875), including authorized travel, $152,010,000, to remain available until expended. EDUCATION AND HUMAN RESOURCES For necessary expenses in carrying out science and engineering education and human resources programs and activities pursuant to the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861–1875), including services as authorized by 5 U.S.C. 3109, authorized travel, and rental of conference rooms in the D istrict of Columbia, $845,260,000, to remain available until Sep- tember 30, 2010: Provided further, That not less than $55,000,000 shall be available until expended for activities authorized by section 7030 of Public Law 110–69. A G ENC Y OPERATIONS AND A W ARD MANAGEMENT For agency operations and award management necessary in carrying out the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861–1875) services authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; not to exceed $9,000 for official reception and representation expenses; uniforms or allow- ances therefor, as authorized by 5 U.S.C. 5901–5902; rental of conference rooms in the District of Columbia; and reimbursement of the Department of H omeland Security for security guard services; $294,000,000: Provided, That contracts may be entered into under this heading in fiscal year 2009 for maintenance and operation of facilities, and for other services, to be provided during the next fiscal year. OFFICE OF THE NATIONAL SCIENCE B OARD For necessary expenses (including payment of salaries, author- ized travel, hire of passenger motor vehicles, the rental of conference rooms in the District of Columbia, and the employment of experts and consultants under section 3109 of title 5, United States Code) involved in carrying out section 4 of the National Science Founda- tion Act of 1950, as amended (42 U.S.C. 1863) and Public Law


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Page:United States Statutes at Large Volume 123.djvu/612

 123STA T .59 2 PUBLIC LA W 111 –8—M A R .11, 2 0 09 86–209(4 2 U.S . C . 1 880 ets e q . ),$ 4,0 3 0,000
 * Provide

d, Tha t no t toe xc ee d $2, 5 00 sha l l b ea v a i lable f o r official rece p tion and rep - resentation expenses. OF F ICE OFI NSP EC T O RG ENER ALF or necessar y expenses of the O ffice of I nspector G eneral as a u thori z ed by the Inspector General A ctof19 7 8,asa m ended, $12,000,000. This title may be cited as the ‘ ‘Science Appropriations Act, 2009 ’ ’. TIT LE I VR ELATE D AGE N CIES CO M MISSION ON CI V IL RIG H TS SALARIES AN D E X PENSES For necessary expenses of the Commission on Civil Ri g hts, including hire of passenger motor vehicles, $8,800,000: Provided, That none of the funds appropriated in this paragraph shall be used to employ in excess of four full-time individuals under Schedule C of the Excepted Service exclusive of one special assistant for each Commissioner: Provided fu r th er, That none of the funds appro- priated in this paragraph shall be used to reimburse Commissioners for more than 75 billable days, w ith the exception of the chairperson, who is permitted 125 billable days. E QU AL EMPLO Y MENT OPPORTUNITY COMMISSION SALARIES AND EXPENSES For necessary expenses of the Equal Employment Opportunity Commission as authorized by title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Equal P ay Act of 1963, the Americans with Disabilities Act of 1990, and the Civil Rights Act of 1991, including services as author- ized by 5 U.S.C. 3109 hire of passenger motor vehicles as authorized by 31 U.S.C. 1343(b); nonmonetary awards to private citizens; and not to exceed $26,000,000 for payments to State and local enforce- ment agencies for authorized services to the Commission, $343,925,000: Provided, That the Commission is authorized to ma k e available for official reception and representation expenses not to exceed $2,500 from available funds: Provided further, That the Commission may take no action to implement any workforce repo- sitioning, restructuring, or reorganization until such time as the H ouse and Senate Committees on Appropriations have been notified of such proposals, in accordance with the reprogramming require- ments of section 505 of this Act: Provided further , That the Chair is authorized to accept and use any gift or donation to carry out the work of the Commission. Notif i ca tio n.


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Page:United States Statutes at Large Volume 123.djvu/613

 123STA T .59 3 PUBLIC LA W 111 –8—M A R .11, 2 0 09 INTER N A T IO NA LT RA D E C O M MI S SION SALARIES AND E XP ENSES Fornec e s s a r y e xp enses o fth e Internat i ona l Tra d eCo m mission , incl u din g hire of passenger motor v ehicles, and services as author - i z ed b y 5U.S .C. 3109 , and not to exceed $2 ,500 for official reception and representation expenses, $ 7 5,100,000, to remain available until expended. L E G AL SER V I C ES CORPORATION PA Y MENT TO T H E LEGAL SERVICES CORPORATION For payment to the Legal Services Corporation to carry out the purposes of the Legal Services Corporation A ct of 197 4, $390,000,000, of w hich $3 6 5, 8 00,000 is for basic field programs and re q uired independent audits $4,200,000 is for the O ffice of Inspector G eneral, of which such amounts as may be necessary may be used to conduct additional audits of recipients; $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
 * Provide

d, That the Legal Services Corpora- tion may continue to provide locality pay to officers and employees at a rate no greater than that provided by the Federal Government to W ashington, D C-based employees as authorized by 5 U.S.C. 5304, notwithstanding section 1005 ( d ) of the Legal Services Cor- poration Act, 42 U.S.C. 2996(d). ADMINISTRATIVE PROVISION — LEGAL SERVICES CORPORATION N one of the funds appropriated in this Act to the Legal Services Corporation shall be expended for any purpose prohibited or limited by, or contrary to any of the provisions of, sections 501, 502, 503, 504, 505, and 506 of P ublic Law 105 – 119, and all funds appropriated in this Act to the Legal Services Corporation shall be sub j ect to the same terms and conditions set forth in such sections, except that all references in sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead to 2008 and 2009, respectively. M ARINE MAMMAL COMMISSION SALARIES AND EXPENSES For necessary expenses of the Marine Mammal Commission as authorized by title II of Public Law 92–522, $3,200,000. O F FICE OF THE UNITED STATES TRADE R EPRESENTATIVE SALARIES AND EXPENSES For necessary expenses of the Office of the United States Trade Representative, including the hire of passenger motor vehicles and the employment of experts and consultants as authorized by 5 U.S.C. 3109, $47,272,000, of which $1,000,000 shall remain avail- able until expended: Provided, That not to exceed $124,000 shall be available for official reception and representation expenses: Pro - vided fu r th er, That negotiations shall be conducted within the World Negotia tio ns.


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Page:United States Statutes at Large Volume 123.djvu/614

 123STA T .594PUBLIC LA W 111 –8—M A R .11, 2 0 09 TradeO r g a niz a t i o ntore c ognize t h e right o fm em b er s to distrib u te monies co l lected from antidum p ing and counter v ailing duties
 * Pro-vide

d fu r th er , That negotiations shall be conducted w ithin the W orld Trade Organization consistent with the negotiating ob j ectives con - tained in the Trade A ct of 20 02, P ublic L aw 1 0 7– 210 .STA T EJUS T IC E IN STITUTE SA L A R IES AN D E XP ENSES F or necessar y e x penses of the State Justice Institute, as author- ized by the State Justice Institute Authorization Act of 1 984( 42 U .S. C . 10701 et. se q . )$ 4,100,000, of which $2 5 0,000 shall remain available until September 3 0, 2010: Provided, That not to exceed $2,500 shall be available for official reception and representation expenses. TITL EVG E N E R AL PROVISIONS SEC. 501. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress. SEC. 502. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 503. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursu- ant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. SEC. 504. If any provision of this Act or the application of such provision to any person or circumstances shall be held invalid, the remainder of the Act and the application of each provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. SEC. 505. (a) None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2009, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through the reprogramming of funds that: (1) creates or initiates a new program, project or activity (2) eliminates a program, project or activity, unless the H ouse and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted by this Act, unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds; (4) relocates an office or employees, unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds; Notif i ca tio ns.De a dl ines. C ont r acts. Ne g otiations.


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Page:United States Statutes at Large Volume 123.djvu/615

 123STA T .59 5 PUBLIC LA W 111 –8—M A R .11, 2 0 09 (5)reo r ganiz e s or rena m eso f fi c es ,p rograms or ac t i v ities, u n l ess t h e H ouse an dS enate C ommittees on A ppropriations are notified 1 5da y s in advance of such reprogramming of funds ( 6 ) contracts out or privatizes any functions or activities pres - ently performed b y F ederal employees, unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds; ( 7 ) proposes to use funds directed for a specific activity by either the House or Senate Committee on Appropriations for a different purpose, unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogram- ming of funds; ( 8 ) augments funds for e x isting programs, pro j ects or activities in excess of $ 5 0 0,000 or 10 percent, w hichever is less, or reduces by 10 percent funding for any program, project or activity, or numbers of personnel by 10 percent as approved by Congress, unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds; or ( 9 ) results from any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, projects or activities as approved by Congress, unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds . (b) N one of the funds in provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2 009, or provided from any accounts in the T reasury of the U nited States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through the reprogramming of funds after August 1, except in extraordinary circumstances, and only after the House and Senate Committees on Appropriations are notified 3 0 days in advance of such reprogramming of funds. S EC . 506. Hereafter, none of the funds made available in this or any other Act may be used to implement, administer, or enforce any guidelines of the Eq ual Employment O pportunity Commission covering harassment based on religion, when it is made k nown to the Federal entity or official to which such funds are made available that such guidelines do not differ in any respect from the proposed guidelines published by the Commission on October 1, 1993 (58 Fed. R eg. 51266). SEC. 507. I f it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a ‘ ‘ M ade in America ’ ’ inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, the person shall be ineligible to receive any contract or subcontract made with funds made avail- able in this Act, pursuant to the debarment, suspension, and ineligi- bility procedures described in sections 9. 4 00 through 9.409 of title 48, Code of Federal Regulations. SEC. 508. The D epartments of Commerce and J ustice, the National Science Foundation, and the National Aeronautics and Space Administration, shall provide to the House and Senate Committees on Appropriations a quarterly accounting of the cumu- lative balances of any unobligated funds that were received by such agency during any previous fiscal year. Deadlin e s.R e port s. Reli g io u s h arass m ent. 42USC 2 0 00e –1 2 note.


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Page:United States Statutes at Large Volume 123.djvu/616

 123STA T .596PUBLIC LA W 111 –8—M A R .11, 2 0 09 SEC.509 . Anycost s i nc ur r edb y a de p art m entora g ency f unded under t h is Act resu l ting from , or to pre v ent, personnel actions ta k en in response to funding reductions included in this Act shall be absorbed w ithin the total budgetary resources available to such department or agency
 * Provide

d, T hat the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided fu r th er, That use of funds to carry out this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation ore x penditure except in compliance with the procedures set forth in that section. SEC. 5 1 0. N one of the funds provided by this Act shall be available to promote the sale or export of tobacco or tobacco prod - ucts, or to seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products, except for restrictions which are not applied e q ually to all tobacco or tobacco products of the same type. SEC. 511. None of the funds appropriated pursuant to this Act or any other provision of law may be used for —( 1 ) the implementation of any tax or fee in connection with the implementation of subsection 9 2 2(t) of title 1 8, U nited States C ode and (2) any system to implement subsection 922(t) of title 18, United States Code, that does not require and result in the destruction of any identifying information submitted by or on behalf of any person who has been determined not to be prohib- ited from possessing or receiving a firearm no more than 2 4 hours after the system advises a F ederal firearms licensee that possession or receipt of a firearm by the prospective trans- feree would not violate subsection (g) or (n) of section 922 of title 18, United States Code, or State law. SEC. 512. Notwithstanding any other provision of law, amounts deposited or available in the Fund established under 42 U.S.C. 10 6 01 in any fiscal year in excess of $ 6 3 5,000,000 shall not be available for obligation until the following fiscal year. SEC. 513. None of the funds made available to the D epartment of J ustice in this Act may be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds, or of the parents or legal guardians of such students. SEC. 514. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States G overnment, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appro- priations Act. SEC. 515. Any funds provided in this Act used to implement E -Government I nitiatives shall be sub j ect to the procedures set forth in section 505 of this Act. SEC. 516. (a) Tracing studies conducted by the B ureau of Alcohol, Tobacco, Firearms and Explosives are released without adequate disclaimers regarding the limitations of the data. (b) The Bureau of Alcohol, Tobacco, Firearms and Explosives shall include in all such data releases, language similar to the following that would make clear that trace data cannot be used to draw broad conclusions about firearms-related crime: Firea r msd a t a .D is c rimi n ati o n. 42USC106 01 note. Firearms. T o b acco and tobacco p rod u cts.


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Page:United States Statutes at Large Volume 123.djvu/617

 123STA T .597PUBLIC LA W 111 –8—M A R .11, 2 0 09 (1)Firea r mt ra c e s are d esi gn edt o assist l a w en f orcement a u t h orities in conducting in v estigations by trac k ing the sale and p ossession of specific firearms .L aw enforcement agencies may re q uest firearms traces for any reason , and those reasons are not necessarily reported to the Federal G overnment. N ot all firearms used in crime are traced and not all firearms traced are used in crime. ( 2 ) Firearms selected for tracing are not chosen for purposes of determining which types, makes, or models of firearms are used for illicit purposes. T he firearms selected do not constitute a random sample and should not be considered representative of the larger universe of all firearms used by criminals, or any subset of that universe. Firearms are normally traced to the first retail seller, and sources reported for firearms traced do not necessarily represent the sources or methods by which firearms in general are acquired for use in crime. SEC . 5 1 7 . (a) The I nspectors General of the D epartment of C ommerce, the Department of J ustice, the National A eronautics and Space Administration, the National Science Foundation, and the Legal Services Corporation shall conduct audits, pursuant to the Inspector General Act (5 U .S.C. App.), of grants or contracts for which funds are appropriated by this Act, and shall submit reports to Congress on the progress of such audits, which may include preliminary findings and a description of areas of particular interest, within 1 80 days after initiating such an audit and every 180 days thereafter until any such audit is completed. (b) W ithin 6 0 days after the date on which an audit described in subsection (a) by an Inspector General is completed, the Sec - retary, Attorney General, Administrator, Director, or P resident, as appropriate, shall make the results of the audit available to the public on the Internet website maintained by the Department, Administration, Foundation, or Corporation, respectively. The results shall be made available in redacted form to e x clude — (1) any matter described in section 552(b) of title 5, United States Code and (2) sensitive personal information for any individual, the public access to which could be used to commit identity theft or for other inappropriate or unlawful purposes. (c) A grant or contract funded by amounts appropriated by this Act may not be used for the purpose of defraying the costs of a banquet or conference that is not directly and programmatically related to the purpose for which the grant or contract was awarded, such as a banquet or conference held in connection with planning, training, assessment, review, or other routine purposes related to a pro j ect funded by the grant or contract. (d) Any person awarded a grant or contract funded by amounts appropriated by this Act shall submit a statement to the Secretary of Commerce, the Attorney General, the Administrator, Director, or President, as appropriate, certifying that no funds derived from the grant or contract will be made available through a subcontract or in any other manner to another person who has a financial interest in the person awarded the grant or contract. (e) The provisions of the preceding subsections of this section shall take effect 3 0 days after the date on which the Director of the O ffice of M anagement and B udget, in consultation with the Director of the Office of Government E thics, determines that a uniform set of rules and requirements, substantially similar to Ef f ectiv e da te .C e r tificati on . D ead l ine. Pub lic infor m ation. W eb p o s tin g . A udits. R eports. Deadlines.


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Page:United States Statutes at Large Volume 123.djvu/618

 123STA T .598PUBLIC LA W 111 – 8 —M A R .11, 2 0 09 ther e qui re m e n t s in su c hsu b secti o ns , consistent lyap ply un d er the e x ecuti v e branch ethics pro g ram to all F ederal departments, agencies, and entities .SEC . 518 . N one o f the funds appropriated or other w ise made available under this A ct may be used to issue patents on claims directed to or encompassing a human organism. SEC. 51 9 . None of the funds made available in this Act shall be used in any way whatsoever to support or j ustify the use of torture by any official or contract employee of the U nited States G overnment. SEC. 5 20 . ( a ) Notwithstanding any other provision of law or treaty, none of the funds appropriated or otherwise made available under this Act or any other Act may be expended or obligated by a department, agency, or instrumentality of the United States to pay administrative expenses or to compensate an officer or employee of the United States in connection with requiring an export license for the export to C anada of components, parts, acces - sories or attachments for firearms listed in Category I , section 121.1 of title 22, Code of Federal R egulations (International T raf- fic k ing in Arms Regulations (ITAR), part 121, as it existed on April 1, 2005) with a total value not exceeding $ 500 wholesale in any transaction, provided that the conditions of subsection (b) of this section are met by the exporting party for such articles. (b) The foregoing exemption from obtaining an export license — (1) does not exempt an exporter from filing any Shipper ’ s E xport D eclaration or notification letter required by law, or from being otherwise eligible under the laws of the United States to possess, ship, transport, or export the articles enumer- ated in subsection (a) and (2) does not permit the export without a license of— (A) fully automatic firearms and components and parts for such firearms, other than for end use by the Federal Government, or a P rovincial or M unicipal Government of Canada; ( B ) barrels, cylinders, receivers (frames) or complete breech mechanisms for any firearm listed in Category I, other than for end use by the Federal Government, or a Provincial or Municipal Government of Canada; or (C) articles for export from Canada to another foreign destination. (c) In accordance with this section, the District Directors of Customs and postmasters shall permit the permanent or temporary export without a license of any unclassified articles specified in subsection (a) to Canada for end use in Canada or return to the United States, or temporary import of Canadian-origin items from Canada for end use in the United States or return to Canada for a Canadian citi z en. (d) The President may require export licenses under this section on a temporary basis if the President determines, upon publication first in the Federal Register, that the Government of Canada has implemented or maintained inadequate import controls for the arti- cles specified in subsection (a), such that a significant diversion of such articles has and continues to take place for use in inter- national terrorism or in the escalation of a conflict in another nation. The President shall terminate the requirements of a license when reasons for the temporary requirements have ceased. Presid e nt.F eder alR e g ister ,pub li c ati o n. Ex ports and i m ports. Firearms. C anada. T orture. H uman organism.


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Page:United States Statutes at Large Volume 123.djvu/619

 123STA T .59 9 PUBLIC LA W 111 –8—M A R .11, 2 0 09 SEC.521 . Notwi t hs t and in g an y oth erp ro v ision o fl aw , no depart m ent, agen c y, or instr u mentality of the U nited States receiving appropriated funds under this A ct or any other Act shall o b ligate or e x pend in any way such funds to pay administrative expenses or the compensation of any officer or employee of the United States to deny any application submitted pursuant to 22 U.S. C. 2 7 7 8( b ) (1)( B ) and q ualified pursuant to 27 C FR section 4 78.112 or .11 3, for a permit to import United States origin ‘ ‘curios or relics ’ ’ firearms, parts, or ammunition. SEC. 522. None of the funds made available in this Act may be used to include in any new bilateral or multilateral trade agree - ment the text of — (1) paragraph 2 of article 1 6 .7 of the United States-Singa- pore Free T rade Agreement (2) paragraph 4 of article 17. 9 of the United States-Aus- tralia Free Trade Agreement; or (3) paragraph 4 of article 15.9 of the United States- M orocco Free Trade Agreement. SEC. 523. None of the funds made available in this Act may be used to authori z e or issue a national security letter in contraven- tion of any of the following laws authorizing the Federal Bureau of I nvestigation to issue national security letters The Right to Financial P rivacy Act; The E lectronic Communications Privacy Act; The Fair Credit Reporting Act; The National Security Act of 1947; USA PATRI O T Act; and the laws amended by these Acts. SEC. 524. If at any time during any quarter, the program manager of a pro j ect within the jurisdiction of the D epartments of Commerce or J ustice, the National Aeronautics and Space Administration, or the National Science Foundation totaling more than $ 75, 0 00,000 has reasonable cause to believe that the total program cost has increased by 10 percent, the program manager shall immediately inform the Secretary, Administrator, or Director. The Secretary, Administrator, or Director shall notify the H ouse and Senate Committees on Appropriations within 30 days in writing of such increase, and shall include in such notice: the date on which such determination was made; a statement of the reasons for such increases; the action ta k en and proposed to be taken to control future cost growth of the project; changes made in the performance or schedule milestones and the degree to which such changes have contributed to the increase in total program costs or procurement costs; new estimates of the total project or procure- ment costs; and a statement validating that the project’s manage- ment structure is adequate to control total project or procurement costs. SEC. 525. Funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence or intelligence related activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 414) during fiscal year 2009 until the enactment of the Intelligence Authorization Act for fiscal year 2009. SEC. 526. The Departments, agencies, and commissions funded under this Act, shall establish and maintain on the homepages of their Internet websites— (1) a direct link to the Internet websites of their Offices of Inspectors G eneral; and (2) a mechanism on the Offices of Inspectors General website by which individuals may anonymously report cases Webposting.5USCa pp. 8L note. N oti f i c ation. D ea dl ine. National sec ur it y letters. F irear m s.


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Page:United States Statutes at Large Volume 123.djvu/620

 123STA T .60 0 PUBLIC LA W 111 –8—M A R .11, 200 9ofwaste, f r a ud ,ora b use w i t h res p e c t to those D epart m e n ts, a g encies, and commissions .SEC . 527 . N one of the funds appropriated or otherwise made a v ai l able b y this A ct may be used to enter into a contract in an amount greater than $ 5, 0 00,000 or to award a grant in e x cess of such amount unless the prospective contractor or grantee certifies in writing to the agency awarding the contract or grant that, to the best of its k nowledge and belief, the contractor or grantee has filed all F ederal tax returns re q uired during the three years preceding the certification, has not been convicted of a criminal offense under the I nternal R evenue C ode of 1986 , and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the sub j ect of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non - frivolous administrative or judicial proceeding. SEC. 528. None of the funds appropriated or otherwise made available in this Act may be used in a manner that is inconsistent with the principal negotiating objective of the U nited States with respect to trade remedy laws to preserve the ability of the United States —( 1 ) to enforce vigorously its trade laws, including anti- dumping, countervailing duty, and safeguard laws (2) to avoid agreements that— (A) lessen the effectiveness of domestic and inter- national disciplines on unfair trade, especially dumping and subsidies; or ( B ) lessen the effectiveness of domestic and inter- national safeguard provisions, in order to ensure that United States workers, agricultural producers, and firms can compete fully on fair terms and enjoy the benefits of reciprocal trade concessions; and ( 3 ) to address and remedy market distortions that lead to dumping and subsidi z ation, including overcapacity, carteliza- tion, and market-access barriers. (R E S C I SSI ON S ) SEC. 529. (a) O f the unobligated balances available to the Department of Commerce from prior appropriations, the following funds are hereby rescinded from the following accounts and pro- grams in the specified amounts (1) ‘ ‘ E conomic Development Administration, Economic Development Assistance P rograms ’ ’, $15,000,000; (2) ‘‘National Institute of Standards and T echnology, Indus- trial Technology Services’’, $5,000,000; (3) ‘‘National Telecommunications and Information Administration, Salaries and Expenses’’, $3,000,000; ( 4 ) ‘‘National Telecommunications and Information Administration, Public Telecommunications, Facilities, Plan- ning and Construction’’, $1,600,000; and (5) ‘‘Bureau of the Census, Periodic Censuses and Pro- grams’’, $1,000,000. (b) Of the unobligated balances available to the Department of J ustice from prior appropriations, the following funds are hereby rescinded, not later than September 30, 2009, from the following accounts in the specified amounts: Deadlin e .Co n tr a c t s. G rants. Certi f ication.


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Page:United States Statutes at Large Volume 123.djvu/621

 123STA T .60 1 PUBLIC LA W 111 –8—M A R .11, 200 9(1)‘ ‘ Gen e ralAdmi ni st rati o n ,W or k in gC a p ital Fu nd ’ ’, $ 1 0 0,000,000 ( 2 )‘‘ L egal A c ti v ities, Assets For f eiture Fund’’, $2 85 ,000,000; ( 3 )‘‘ O ffice of J ustice P rograms’’, $100,000,000; and ( 4 ) ‘‘Communit y Oriented Policing S ervices’’, $100,000,000 . (c) E ac h department affected b y the recissions contained in subsections (a) and (b) shall, w ithin 30 days of enactment of this Act, submit to the Committee on Appropriations of the H ouse of R epresentatives and the Senate a report specifying the amount of each rescission made pursuant to this section. (d) T he recissions contained in this section shall not apply to funds provided in this Act. S EC . 530. N one of the funds made available in this Act may be used to purchase first class or premium airline travel in con - travention of sections 301 – 10.122 through 301–10.124 of title 41 of the Code of Federal Regulations. SEC. 531. None of the funds made available in this Act may be used to send or otherwise pay for the attendance of more than 50 employees from a Federal department or agency at any single conference occurring outside the U nited States. This division may be cited as the ‘‘Commerce, Justice, Science, and Related Agencies Appropriations Act, 200 9 ’’. DIV ISION C — ENERG Y AND WATER DEVELOP M ENT AND RELATED AGENCIES APPROPRIATIONS ACT, 2009 TITLE I DEPARTMENT OF DEFENSE—CIVIL DEPARTMENT OF THE ARMY C ORPS O F E NGI NEERS—CI V I L The following appropriations shall be e x pended under the direc- tion of the Secretary of the Army and the supervision of the Chief of Engineers for authori z ed civil functions of the Department of the Army pertaining to rivers and harbors, flood and storm damage reduction, shore protection, a q uatic ecosystem restoration, and related efforts. INVES T IG A TIONS For expenses necessary where authorized by law for the collec- tion and study of basic information pertaining to river and harbor, flood and storm damage reduction, shore protection, aquatic eco- system restoration, and related needs; for surveys and detailed studies, and plans and specifications of proposed river and harbor, flood and storm damage reduction, shore protection, and aquatic ecosystem restoration pro j ects and related efforts prior to construc- tion; for restudy of authorized projects; and for miscellaneous inves- tigations and, when authorized by law, surveys and detailed studies, and plans and specifications of projects prior to construction, $1 6 8,100,000, to remain available until expended
 * Provide

d , That, except as provided in section 101 of this Act, the amounts made available under this paragraph shall be expended as authorized in law for the projects and activities specified in the text and table under this heading in the explanatory statement described Energya n dW a t er D e v e lopm ent and R elated A gen ci e s Appropriations Act ,20 0 9. Deadline. Reports.


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Page:United States Statutes at Large Volume 123.djvu/622

 123STA T .60 2 PUBLIC LA W 111 –8—M A R .11, 200 9insect i o n 4( int h e ma tte rp rece d in g di v ision A o f this conso l idated Act ).CONSTRU CT I ON F ore x penses necessar y for the constr u ction of river and har b or , flood and storm damage reduction, shore protection, a q uatic eco - system restoration, and related pro j ects authori z edbyla w; for conducting detailed studies, and plans and specifications, of such projects (including those involving participation by S tates, local governments, or private groups) authorized or made eligible for selection by law (but such detailed studies, and plans and specifica- tions, shall not constitute a commitment of the G overnment to construction); $2, 1 41, 67 7, 0 00, to remain available until expended; of which such sums as are necessary to cover the Federal share of construction costs for facilities under the D redged M aterial Dis- posal Facilities program shall be derived from the H arbor Mainte- nance T rust Fund as authorized by P ublic L aw 104 –3 03; and of which such sums as are necessary pursuant to Public Law 9 9– 662 shall be derived from the I nland W aterways Trust Fund, to cover one-half of the costs of construction, replacement, rehabilita- tion, and expansion of inland waterways projects (including only C hic k amauga Lock, Tennessee; K entucky Lock and Dam, Tennessee R iver, Kentucky; Lock and Dams 2, 3, and 4 Monongahela River, Pennsylvania; Marmet Lock and Dam, West V irginia; McAlpine Lock and Dam, Kentucky and Indiana; O lmsted Lock and Dam, Illinois and Kentucky; Gray ’ s Landing Lock and Dam, Pennsylvania; R.C. B yrd Lock and Dam, Ohio and West Virginia; and Point Marion Lock and Dam, Pennsylvania) shall be derived from the Inland Waterways Trust Fund
 * Provide

d, That the Chief of E ngi- neers is directed to use $13,000,000 of the funds appropriated herein for the Dallas Floodway Extension, Texas, project, including the Cadillac Heights feature, generally in accordance with the Chief of Engineers report dated December 7, 1999: Provided fu r th er, That the Chief of Engineers is directed to use $ 8 ,000,000 of the funds appropriated herein for planning, engineering, design or construction of the Grundy, Buchanan County, and Dickenson County, Virginia, elements of the Levisa and Tug Forks of the Big Sandy River and U pper Cumberland River Project: Provided further, That the Chief of Engineers is directed to use $8, 5 00,000 of the funds appropriated herein to continue planning, engineering, design or construction of the Lower Mingo County, Upper Mingo County, Wayne County, McDowell County, West Virginia, elements of the Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River Project: Provided further , That the Secretary of the Army, acting through the Chief of Engineers, is directed to use $9,000,000 of the funds appropriated herein for the Clover Fork, City of Cumberland, Town of Martin, Pike County (including Levisa Fork and Tug Fork Tributaries), Bell County, Harlan County in accordance with the Draft Detailed Project Report dated J anuary 2002, Floyd County, Martin County, Johnson County, and Knox County, Kentucky, detailed project report, elements of the Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River: Provided further, That the Chief of Engineers is directed to use $17,048,000 of the funds provided herein for planning and design and construction of a rural health care facility on the Fort Berthold Reservation of the Three Affiliated Tribes, N orth Dakota: Provided further, That, except as provided in section 101 of this