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Page:United States Statutes at Large Volume 123.djvu/563

 123STA T .54 3 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9ent e rp r is e com m u nities a n d communities desi g nated by t h e S ec - retary o fA gricu l ture as R ural E conomic Area P artnership Z ones
 * Provide

d fu r th er ,T hat any balances to carry out a housing dem- onstration program to pro v ide revolving loans for the preservation of lo w -income multi-family housing pro j ects as authori z ed in Public L aw 108–4 4 7 and Public Law 10 9 –97 shall be transferred to and merged with the ‘ ‘Rural H ousing Service ,M ulti-family Housing Revitalization Program Account ’ ’ .FARML A BO R P RO G RAM A C CO UNTF or the cost of direct loans, grants, and contracts, as authorized by4 2U .S. C. 1484 and 148 6, $ 18,269,000, to remain available until e x pended, for direct farm labor housing loans and domestic farm labor housing grants and contracts. RURAL COMMUN I T Y FACILITI ES PROGRAM ACCOUNT ( INCLU D ING TRANSFERS OF FUNDS ) For the cost of direct loans, loan guarantees, and grants for rural community facilities programs as authorized by section 3 06 and described in section 381E ( d ) (1) of the Consolidated Farm and Rural D evelopment Act, $63,830,000, to remain available until expended: Provided, That $6,2 5 6,000 of the amount appropriated under this heading shall be available for a Rural Community Development I nitiative: Provided further, That such funds shall be used solely to develop the capacity and ability of private, non- profit community-based housing and community development organizations, low-income rural communities, and Federally Recog- nized N ative American Tribes to underta k e projects to improve housing, community facilities, community and economic develop- ment projects in rural areas: Provided further, That such funds shall be made available to q ualified private, nonprofit and public intermediary organizations proposing to carry out a program of financial and technical assistance: Provided further, That such inter- mediary organizations shall provide matching funds from other sources, including Federal funds for related activities, in an amount not less than funds provided: Provided further, That $10,000,000 of the amount appropriated under this heading shall be to provide grants for facilities in rural communities with extreme unemploy- ment and severe economic depression (Public Law 106–387), with up to 5 percent for administration and capacity building in the State rural development offices: Provided further, That $3,972,000 of the amount appropriated under this heading shall be available for community facilities grants to tribal colleges, as authorized by section 306(a)(19) of such Act: Provided further, That not to exceed $1,000,000 of the amount appropriated under this heading shall be available through J une 30, 2009, for authorized empower- ment zones and enterprise communities and communities des- ignated by the Secretary of Agriculture as Rural Economic Area Partnership Zones for the rural community programs described in section 381E(d)(1) of the Consolidated Farm and Rural Develop- ment Act: Provided further, That sections 381E–H and 381N of the Consolidated Farm and Rural Development Act are not applicable to the funds made available under this heading: Provided further, That any prior balances in the Rural Development, Rural Community Advancement Program account for programs authorized


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Page:United States Statutes at Large Volume 123.djvu/564

 123STA T .54 4 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9bysection306a n d desc r ibed in section 3 81E( d ) (1) o f s u c hA ct be transferred and m er g ed w ith this account and any other p rior ba l ances from the R ural D e v elopment , Rural C ommunity Advance - ment P rogram account that the S ecretary determines is appropriate to transfer . R URALB U SINE SS — C O O P ERA T I V E SERVI C E RURAL B USINESS PRO G RA M ACCOUNT ( INCLU D ING TRANS F ERS OF FUNDS )F or the cost of loan guarantees and grants, for the rural busi- ness development programs authori z ed by sections 306 and 310B and described in sections 310B(f) and 381E(d)(3) of the Consolidated Farm and Rural Development Act, $ 8 7 ,38 5 ,000, to remain available until e x pended
 * Provide

d ,T hat of the amount appropriated under this heading, not to exceed $500,000 shall be made available for agranttoa q ualified national organization to provide technical assistance for rural transportation in order to promote economic development and $ 2, 9 79,000 shall be for grants to the Delta Regional Authority (7 U .S.C. 1921 et seq.) for any Rural Community Advancement Program purpose as described in section 381E(d) of the Consolidated Farm and Rural Development Act, of which not more than 5 percent may be used for administrative expenses: Provided fu r th er, That $ 4 ,000,000 of the amount appropriated under this heading shall be for business grants to benefit Federally Recog- nized N ative American Tribes, including $250,000 for a grant to a qualified national organization to provide technical assistance for rural transportation in order to promote economic development: Provided further, That not to exceed $8,300,000 of the amount appropriated under this heading shall be available through J une 30, 2009, for authorized empowerment zones and enterprise commu- nities and communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Z ones for the rural business and cooperative development programs described in section 381E(d)(3) of the Consolidated Farm and Rural Development Act: Provided further, That sections 381E –H and 381N of the Consoli- dated Farm and Rural Development Act are not applicable to funds made available under this heading: Provided further, That any prior balances in the Rural Development, Rural Community Advancement Program account for programs authorized by sections 306 and 310B and described in sections 310B(f) and 381E(d)(3) of such Act be transferred and merged with this account and any other prior balances from the Rural Development, Rural Community Advancement Program account that the Secretary determines is appropriate to transfer. RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT (INCLUDING TRANSFER OF FUNDS) For the principal amount of direct loans, as authorized by the Rural Development L oan Fund (42 U.S.C. 9812(a)), $33,536,000. For the cost of direct loans, $14,035,000, as authorized by the Rural Development Loan Fund (42 U.S.C. 9812(a)), of which $1,724,000 shall be available through June 30, 2009, for Federally Recognized Native American Tribes and of which $3,449,000 shall be available through June 30, 2009, for M ississippi Delta Region

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Page:United States Statutes at Large Volume 123.djvu/565

 123STA T .54 5 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9counties(a s d ete rm ined in accordance w it hP u bl ic L aw 10 0 –46 0 ):Provide d ,T hat such costs, includin g the cost o f modif y ing such loans, shall be as defined in section 5 0 2 of the C ongressional B udget A ctof1 97 4: Provided fu r th er, That of the total amount a p pro - priated, $8 80,000 shall be a v ailable through J une 3 0, 2009, for the cost of direct loans for authori z ed empowerment zones and enterprise communities and communities designated by the S ec- retary of Agriculture as R ural E conomic Area Partnership Z ones .I n addition, for administrative e x penses to carry out the direct loan programs, $4,853,000 shall be transferred to and merged with the appropriation for ‘ ‘Rural D evelopment, Salaries and Expenses ’ ’. RU R ALECON O MI C D E V ELO P MEN T LOAN S PRO G RAM ACCOUNT ( INCLUDING RESCISSION O F FUNDS )F or the principal amount of direct loans, as authorized under section 313 of the Rural Electrification Act, for the purpose of promoting rural economic development and j ob creation projects, $33,077,000. O f the funds derived from interest on the cushion of credit payments, as authorized by section 313 of the Rural Electrification Act of 1936, $20,000,000 shall not be obligated and $20,000,000 are rescinded. RURAL COOPERATIVE DEVELOPMENT GRANTS For rural cooperative development grants authorized under section 310B(e) of the Consolidated Farm and Rural Development Act (7 U .S.C. 1932), $12,636,000, of which $300,000 shall be for a cooperative research agreement with a q ualified academic institu- tion to conduct research on the national economic impact of all types of cooperatives and of which $2,582,000 shall be for coopera- tive agreements for the appropriate technology transfer for rural areas program: Provided , That not to exceed $1,463,000 shall be for cooperatives or associations of cooperatives whose primary focus is to provide assistance to small, socially disadvantaged producers and whose governing board and / or membership is comprised of at least 75 percent socially disadvantaged members; and of which $3,867,000, to remain available until expended, shall be for value- added agricultural product mar k et development grants, as author- ized by section 231 of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1621 note). RURAL EMPO W ERMENT Z ONES AND ENTERPRISE COMMUNITIES GRANTS For grants in connection with empowerment zones and enter- prise communities, $8,130,000, to remain available until expended, for designated rural empowerment zones and rural enterprise communities, as authorized by the Taxpayer Relief Act of 1997 and the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105–277): Provided, That the funds provided under this paragraph shall be made available to empowerment zones and enterprise communities in a manner and with the same priorities such funds were made available during the 2007 fiscal year.


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Page:United States Statutes at Large Volume 123.djvu/566

 123STA T .546PUBLIC LA W 111 –8—M A R .11, 2 0 0 9RU R ALEN ER GYFO RA M ER IC A P ROGRAM Forthec o s to fap ro g ra m of l oa n g u arantees an d grants , under the same terms and cond i tions as authori z ed by section 90 0 7 of the Farm S ecurity and R ural I n v estment A ct of 2 002 ( 7 U. S. C . 81 07 ) , $5 ,000,000
 * Provide

d ,T hat the cost of loan guaran - tees, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional B udget Act of 197 4 . RURAL U T ILITIE S SER V ICE RURAL W ATER AN D WASTE DISPOSAL PROGRAM ACCOUNT ( INCLUDING TRANSFERS OF FUNDS ) For the cost of direct loans, loan guarantees, and grants for the rural w ater, waste water, waste disposal, and solid waste management programs authorized by sections 3 0 6, 306A, 306C, 306 D, and 310B and described in sections 306C(a)(2), 306D, and 381 E (d)(2) of the Consolidated Farm and Rural Development Act, $556,268,000, to remain available until e x pended, of which not to exceed $497,000 shall be available for the rural utilities program described in section 306(a)(2)(B) of such Act, and of which not to exceed $993,000 shall be available for the rural utilities program described in section 306E of such Act: Provided, That $65,000,000 of the amount appropriated under this heading shall be for loans and grants including water and waste disposal systems grants authorized by 306C(a)(2)(B) and 306D of the Consolidated Farm and Rural Development Act and for Federally-recognized N ative American Tribes authorized by 306C(a)(1): Provided fu r th er, That not to exceed $19,000,000 of the amount appropriated under this heading shall be for technical assistance grants for rural water and waste systems pursuant to section 306(a)(14) of such Act, unless the Secretary ma k es a determination of extreme need, of which $5,600,000 shall be made available for a grant to a q ualified non-profit multi-state regional technical assistance organization, with experience in working with small communities on water and waste water problems, the principal purpose of such grant shall be to assist rural communities with populations of 3,300 or less, in improving the planning, financing, development, operation, and management of water and waste water systems, and of which not less than $800,000 shall be for a qualified national Native American organization to provide technical assistance for rural water systems for tribal communities: Provided further, That not to exceed $14,000,000 of the amount appropriated under this heading shall be for contracting with qualified national organiza- tions for a circuit rider program to provide technical assistance for rural water systems: Provided further, That not to exceed $12,700,000 of the amount appropriated under this heading shall be available through J une 30, 2009, for authorized empowerment zones and enterprise communities and communities designated by the Secretary of Agriculture as Rural Economic Area P artnership Z ones for the rural utilities programs described in section 381E(d)(2) of such Act: Provided further, That $17,500,000 of the amount appropriated under this heading shall be transferred to, and merged with, the Rural Utilities Service, H igh Energy Cost G rants Account to provide grants authorized under section 19 of the Rural Elec- trification Act of 1936 (7 U.S.C. 918a): Provided further, That any


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Page:United States Statutes at Large Volume 123.djvu/567

 123STA T .547PUBLIC LA W 111 –8—M A R .11, 2 0 0 9prio r yea r b a l a nc e sf or h i g h cos t energy grants a u thori z e d by section 19 of the R ural E lectrification A ctof19 36(7U.S . C . 9 0 1(19 ) ) shall be transferred to and m erged w ith the Rural Utilities Ser v ice ,H igh Energy Costs G rants Account
 * Provide

d fu r th er, T hat sections 3 8 1E – H and 381 N of the Consolidated F arm and Rural D evelop - ment Act are not applicable to the funds made available under this heading: Provided further, That any prior balances in the Rural Development, Rural Community Advancement P rogram account programs authorized by sections 306, 306A, 306C, 306D, and 310 B and described in sections 306C(a)( 2 ), 306D, and 381E(d)(2) of such Act be transferred to and merged with this account and any other prior balances from the Rural Development, Rural Community Advancement Program account that the Secretary determines is appropriate to transfer. RU R ALE LE CT R IF ICATI ON AN D TELECO M MUNICATION S LOANS P RO G RAM ACCOUNT ( INCLUDING TRANSFER OF FUNDS ) The principal amount of direct and guaranteed loans as author- ized by section 30 5 of the Rural Electrification Act of 1936 (7 U.S.C. 935) shall be made as follows: 5 percent rural electrification loans, $ 100,000,000 loans made pursuant to section 306 of that Act, rural electric, $6,500,000,000; 5 percent rural telecommuni- cations loans, $1 4 5,000,000; cost of money rural telecommunications loans, $250,000,000; and for loans made pursuant to section 306 of that Act, rural telecommunications loans, $295,000,000. For the cost, as defined in section 502 of the Congressional Budget Act of 1974, including the cost of modifying loans, of direct and guaranteed loans authorized by sections 305 and 306 of the Rural Electrification Act of 1936 (7 U.S.C. 935 and 936), as follows: the cost of telecommunications loans, $525,000: Provided, That not- withstanding section 305(d)(2) of the Rural Electrification Act of 1936, borrower interest rates may e x ceed 7 percent per year. I n addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $39,245,000, which shall be transferred to and merged with the appropriation for ‘ ‘Rural Development, Salaries and Expenses ’ ’. DISTANCE LEARNING, TELEMEDICINE, AND B ROADBAND PROGRAM (INCLUDING RESCISSION OF FUNDS) For the principal amount of broadband telecommunication loans, $400,487,000. For grants for telemedicine and distance learning services in rural areas, as authorized by 7 U.S.C. 950aaa et se q ., $34,755,000, to remain available until expended: Provided, That the Secretary may use funds under this heading for grants authorized by 379(g) of the Consolidated Farm and Rural Development Act: Provided further , That $4,965,000 shall be made available to convert analog to digital operation those noncommercial educational television broadcast stations that serve rural areas and are qualified for Community Service Grants by the Corporation for Public Broad- casting under section 396( k ) of the Communications Act of 1934, including associated translators and repeaters, regardless of the location of their main transmitter, studio-to-transmitter links, and


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Page:United States Statutes at Large Volume 123.djvu/568

 123STA T .548PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9equipm e nt t oal lo w lo c al cont r olo v er d i g ital content and program - ming t h rough the u s eo f high-definition b roadcast , multi-casting and datacasting technologies .F or the cost of broadband loans, as authori z edb y section 601 of the R ural E lectrification A ct, $ 1 5 ,61 9 ,000, to remain available until e x pended
 * Provide

d, T hat the cost of direct loans shall be as defined in section 50 2 of the C ongressional B udget Act of 19 74 Provided fu r th er , That of the unobligated balances available for the cost of the broadband loans, $6,404,000 are rescinded. I n addition, $1 3 ,406,000, to remain available until expended, for a grant program to finance broadband transmission in rural areas eligible for D istance L earning and Telemedicine P rogram benefits authorized by 7 U . S .C. 950aaa. TITLE I V D OM ESTIC FOOD PRO G RAMS O F F ICEO F TH EU ND E R SECRET A R Y FOR FOOD, NU TRITION AND CON S U M ER SER V ICES For necessary expenses of the Office of the Under Secretary for Food, Nutrition and Consumer Services, $610,000. FOOD AND NUTRITION SERVICE CHI L D NUTRITION P RO G RAMS ( INCLUDING TRANSFERS OF FUNDS ) In lieu of the amounts made available in section 14222 ( b ) of the Food, Conservation, and Energy Act of 200 8, for necessary expenses to carry out the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 21 $14,951,911,000, to remain available through September 30, 2010, of which $8,496,109,000 is hereby appropriated and $6,455,802,000 shall be derived by transfer from funds available under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c). SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR W OMEN, INFANTS, AND CHILDREN (WIC) For necessary expenses to carry out the special supplemental nutrition program as authorized by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), $6,860,000,000, to remain available through September 30, 2010, of which such sums as are necessary to restore the contingency reserve to $125,000,000 shall be placed in reserve, to remain available until expended, to be allocated as the Secretary deems necessary, notwithstanding section 17(i) of such Act, to support participation should cost or participation exceed budget estimates: Provided, That of the total amount avail- able, the Secretary shall obligate not less than $14,850,000 for a breastfeeding support initiative in addition to the activities speci- fied in section 17(h)(3)(A): Provided further, That, notwithstanding section 17(h)(10)(A) of such Act, only the provisions of section 17(h)(10)(B)(i) and section 17(h)(10)(B)(ii) shall be effective in 2009; including $14,000,000 for the purposes specified in section 17(h)(10)(B)(i): Provided further, That funds made available for


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Page:United States Statutes at Large Volume 123.djvu/569

 123STA T .549PUBLIC LA W 111 –8—M A R .11, 2 0 09 thepur p os es spe cif ie d i n section 17( h ) (1 0 )( B )(ii) sh al l onl yb e m ade a v ailable upon determination by the S ecretary that funds are avail - able to meet caseload re q uirements w ithout the use of the contin- g ency reserve funds after the date of enactment of this A ct
 * Provide

d fu r th er ,T hat hereafter none of the funds in this Act shall be available to pay administrative e x penses of WIC clinics except those that have an announced policy of prohibiting smo k ing within the space used to carry out the program: Provided further, That none of the funds provided in this account shall be available for the purchase of infant formula except in accordance with the cost containment and competitive bidding requirements specified in sec- tion 17 of such Act: Provided further, That none of the funds provided shall be available for activities that are not fully reimbursed by other F ederal G overnment departments or agencies unless authori z ed by section 17 of such Act .SUP P LEM E NTA L NUT RI TI O N ASSISTAN C E PRO G RAM For necessary expenses to carry out the Food and N utrition Act of 2 00 8 (7 U .S.C. 2011 et seq.), $53, 96 9,2 4 6,000, of which $3,000,000,000, to remain available through September 30, 2010, shall be placed in reserve for use only in such amounts and at such times as may become necessary to carry out program oper- ations: Provided, That funds provided herein shall be expended in accordance with section 16 of the Food and Nutrition Act of 2008: Provided further, That this appropriation shall be sub j ect to any work registration or workfare requirements as may be required by law: Provided further, That funds made available for E mployment and Training under this heading shall remain avail- able until expended, as authorized by section 16(h)(1) of the Food and Nutrition Act of 2008: Provided further, That funds made available under this heading may be used to enter into contracts and employ staff to conduct studies, evaluations, or to conduct activities related to program integrity provided that such activities are authorized by the Food and Nutrition Act of 2008. COMMO D IT Y ASSISTANCE PROGRAM For necessary expenses to carry out disaster assistance and the Commodity Supplemental Food P rogram as authorized by sec- tion 4(a) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note) the Emergency Food Assistance Act of 1983; special assistance for the nuclear affected islands, as authorized by section 103(f)(2) of the Compact of Free Association Amendments Act of 2003 (Public L aw 108 – 188); and the Farmers ’M arket Nutri- tion Program, as authorized by section 17(m) of the Child Nutrition Act of 1966, $230,800,000, to remain available through September 30, 2010: Provided , That none of these funds shall be available to reimburse the Commodity Credit Corporation for commodities donated to the program: Provided further, That notwithstanding any other provision of law, effective with funds made available in fiscal year 2009 to support the Seniors Farmers’ Market Nutrition Program, as authorized by section 4402 of the Farm Security and R ural Investment Act of 2002, such funds shall remain available through September 30, 2010: Provided further, That of the funds made available under section 27(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)), the Secretary may use up to 10 percent for costs associated with the distribution of commodities.


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Page:United States Statutes at Large Volume 123.djvu/570

 123STA T .5 5 0PUBLIC LA W 111 –8—M A R .11, 200 9NUTRI TI O N P RO G R AMS A D MINISTRATION Fornec e s s a r y a dmi nis t rati v ee xp enses o f t h e Food and Nu tri - tion S ervice for carryin g out any domestic nutrition assistance program ,$142, 59 5, 0 00 .TI T LEV F OR EI G N A SSISTAN C EAN D RELATED P ROGRA M S FOR E IGN AGRI C U L TURAL SER V ICE SALARIES AND E X PENSES ( INCLUDING TRANS F ERS OF FUNDS ) For necessary expenses of the Foreign Agricu l tural Service, including not to exceed $15 8 ,000 for representation allo w ances and for expenses pursuant to section 8 of the Act approved August 3, 195 6(7U .S.C. 1766 ) , $165,436,000
 * Provide

d, That the Service may utili z e advances of funds, or reim b urse this appropriation for expenditures made on behalf of Federal agencies, public and private organizations and institutions under agreements executed pursuant to the agricultural food production assistance programs (7 U.S.C. 1737) and the foreign assistance programs of the United States Agency for International Development: Provided fu r th er, That funds made available for the cost of agreements under title I of the Agricultural Trade Development and Assistance Act of 1954 and for title I ocean freight differential may be used inter- changeably between the two accounts with prior notice to the Committees on Appropriations of both H ouses of Congress. PU B LIC LA W480 TITLE I DIRECT CREDIT AND FOOD FOR PROGRESS PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) For administrative expenses to carry out the credit program of title I, Public Law 83 – 480 and the Food for Progress Act of 1985, $2,736,000, to be transferred to and merged with the appro- priation for ‘ ‘Farm Service Agency, Salaries and Expenses ’ ’. PUBLIC LAW 480 TITLE II GRANTS For expenses during the current fiscal year, not otherwise recoverable, and unrecovered prior years’ costs, including interest thereon, under the Food for Peace Act, for commodities supplied in connection with dispositions abroad under title II of said Act, $1,225,900,000, to remain available until expended. COMMODIT Y CREDIT CORPORATION EXPORT LOANS PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) For administrative expenses to carry out the Commodity Credit Corporation’s export guarantee program, GSM 102 and GSM 103, $5,333,000 to cover common overhead expenses as permitted by section 11 of the Commodity Credit Corporation Charter Act and in conformity with the Federal Credit Reform Act of 1990, of which Notif i ca tio n.


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Page:United States Statutes at Large Volume 123.djvu/571

 123STA T .5 51 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9$4,985 , 0 00 shal l betr a n s f erre d t o and m er g ed wi ththea p propria - tion for ‘ ‘ F oreign A gri cu ltural S er v ice, Salaries and Ex penses ’ ’, and of which $ 3 48,000 shall be transferred to and merged with the appropriation for ‘‘Farm Service Agenc y , Salaries and Expenses’’ .MCGOVERN - D O L E I N T ERN A TIONAL F OOD FOR ED U CATION AND C H ILD NUTRITION P ROGRAM GRANT S For necessary expenses to carry out the provisions of section 3 1 0 7 of the Farm Security and R ural I nvestment Act of 2 002 ( 7 U .S. C . 173 6 o – 1 ) , $100,000,000, to remain available until expended
 * Provide

d, T hat the Commodity Credit Corporation is authori z ed to provide the services, facilities, and authorities for the purpose of implementing such section, sub j ect to reimbursement from amounts provided herein. TIT L E V I RELATE D A G E N C Y AND F O OD AND DRUG AD M INISTRATION DE P ARTMENT OF H EALTH AND HUMAN SERVICES FOOD AND DRUG ADMINISTRATION SALARIES AND E X PENSES For necessary expenses of the Food and Drug Administration, including hire and purchase of passenger motor vehicles for pay- ment of space rental and related costs pursuant to Public Law 92–313 for programs and activities of the Food and Drug Adminis- tration which are included in this Act; for rental of special purpose space in the District of Columbia or elsewhere; for miscellaneous and emergency expenses of enforcement activities, authorized and approved by the Secretary and to be accounted for solely on the Secretary’s certificate, not to exceed $25,000; and notwithstanding section 521 of Public Law 107–188; $2,622,267,000, of which $7,641,000 shall be for the purposes, and in the amounts, specified in the final paragraph under ‘‘Food and Drug Administration, Sala- ries and Expenses’’ in the explanatory statement described in sec- tion 4 (in the matter preceding division A of this consolidated Act): Provided, That of the amount provided under this heading, $510,665,000 shall be derived from prescription drug user fees authorized by 21 U.S.C. 379h shall be credited to this account and remain available until expended, and shall not include any fees pursuant to 21 U.S.C. 379h(a)(2) and (a)(3) assessed for fiscal year 2010 but collected in fiscal year 2009; $52,547,000 shall be derived from medical device user fees authorized by 21 U.S.C. 379j, and shall be credited to this account and remain available until expended; $15,260,000 shall be derived from animal drug user fees authorized by 21 U.S.C. 379j, and shall be credited to this account and remain available until expended; and $4,831,000 shall be derived from animal generic drug user fees authorized by 21 U.S.C. 379f, and shall be credited to this account and shall remain available until expended: Provided fu r th er, That fees derived from prescription drug, medical device, animal drug, and animal generic drug assessments for fiscal year 2009 received during fiscal year 2009, including any such fees assessed prior to fiscal year 2009 but credited for fiscal year 2009, shall be subject to the


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Page:United States Statutes at Large Volume 123.djvu/572

 123STA T .5 52 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9fiscalye a r20 0 9 li m i t ati on s
 * Provide

d fu r th er ,Th at none of these f u n d s shall b eusedtode v elo p , establish, or operate any pro g ram of user fees authori z ed by 31U.S. C . 9 7 01: Provided further, That of the total amount appropriated: ( 1 )$648 ,722,000 shall be for the Center for F ood Safety and A pplied N utrition and related field activities in the O ffice of R egulatory Affairs (2) $777,437,000 shall be for the Center for D rug E valuation and Research and related field activities in the Office of Regulatory Affairs, of w hich no less than $41,3 5 8,000 shall be available for the Office of G eneric Drugs; (3) $271,490,000 shall be for the Center for B iologics Evalua - tion and Research and for related field activities in the Office of Regulatory Affairs; (4) $134,344,000 shall be for the Center for V eterinary M edicine and for related field activities in the Office of Regulatory Affairs; (5) $310,547,000 shall be for the Center for Devices and Radiological H ealth and for related field activities in the Office of Regulatory Affairs; (6) $52,511,000 shall be for the National Center for To x icological Research; (7) not to exceed $111,758,000 shall be for Rent and Related activities, of which $41,281,000 is for W hite Oa k Consolidation, other than the amounts paid to the General Services Administration for rent; (8) not to exceed $155,425,000 shall be for payments to the General Services Administration for rent; and (9) $160,033,000 shall be for other activities, including the Office of the Commissioner; the Office of Scientific and Medical P rograms; the Office of Policy, Planning and Preparedness; the Office of I nternational and Special Programs; the Office of Operations; and central services for these offices: Provided further , That none of the funds made available under this heading shall be used to transfer funds under section 770(n) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379dd): Provided further, That funds may be transferred from one specified activity to another with the prior approval of the Committees on Appropriations of both Houses of Congress. In addition, mammography user fees authorized by 42 U.S.C. 263b, export certification user fees authorized by 21 U.S.C. 381, and priority review user fees authorized by 21 U.S.C. 360n may be credited to this account, to remain available until expended. BUILD I NGSA ND F A C ILI T I E S For plans, construction, repair, improvement, extension, alter- ation, and purchase of fixed e q uipment or facilities of or used by the Food and Drug Administration, where not otherwise pro- vided, $12,433,000, to remain available until expended. INDEPENDENT AGENC Y FA RM CREDIT ADMINISTRATI O N LIMITATION ON ADMINISTRATI V EE XP ENSES Not to exceed $49,000,000 (from assessments collected from farm credit institutions, including the Federal Agricultural Mort- gage Corporation) shall be obligated during the current fiscal year for administrative expenses as authorized under 12 U.S.C. 2249: Provided, That this limitation shall not apply to expenses associated with receiverships.


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 123STA T .5 53 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9TI T LEV II G E N E RA L P R O VI S IONS (INCLUD IN GRES CISSI O N A ND T RANS F ERS OF FUNDS ) SEC .701 . With i n th eu nit l i m it ofc o s tfi x e dby l aw, a p p r opria - tions and authori z ations made for the D epartment of A g riculture for the current fiscal year under this Act shall be a v ailable for the purchase, in addition to those specifically provided for, of not to exceed 32 7 passenger motor vehicles, of which 31 5 shall be for replacement only, and for the hire of such vehicles. SEC. 702. New obligational authority provided for the following appropriation items in this Act shall remain available until expended
 * F

ood Safety and Inspection Service, Public H ealth Data C ommunication Infrastructure System Farm Service Agency, sala- ries and expenses funds made available to county committees; For- eign Agricultural Service, middle-income country training program, and up to $ 2,000,000 of the Foreign Agricultural Service appropria- tion solely for the purpose of offsetting fluctuations in international currency exchange rates, sub j ect to documentation by the Foreign Agricultural Service. SEC. 703. The Secretary of Agriculture may transfer unobligated balances of discretionary funds appropriated by this Act or other available unobligated discretionary balances of the Department of Agriculture to the Wor k ing Capital Fund for the ac q uisition of plant and capital equipment necessary for the financial manage- ment modernization initiative and the delivery of financial, adminis- trative, and information technology services of primary benefit to the agencies of the Department of Agriculture: Provide d, That none of the funds made available by this Act or any other Act shall be transferred to the Working Capital Fund without the prior approval of the agency administrator: Provided fu r th er, That none of the funds transferred to the Working Capital Fund pursuant to this section shall be available for obligation without the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further, That none of the funds appropriated by this Act or made available to the Department ’ s Working Capital Fund shall be available for obligation or expenditure to make any changes to the Department’s National Finance Center without prior approval of the Committees on Appropriations of both Houses of Congress as required by section 712 of this Act. SEC. 70 4 . 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. 705. No funds appropriated by this Act may be used to pay negotiated indirect cost rates on cooperative agreements or similar arrangements between the U nited States Department of Agriculture and nonprofit institutions in excess of 10 percent of the total direct cost of the agreement when the purpose of such cooperative arrangements is to carry out programs of mutual interest between the two parties. This does not preclude appropriate payment of indirect costs on grants and contracts with such institu- tions when such indirect costs are computed on a similar basis for all agencies for which appropriations are provided in this Act. SEC. 70 6 . Appropriations to the Department of Agriculture for the cost of direct and guaranteed loans made available in the current fiscal year shall remain available until expended to disburse 7USC2 2 09bnote.


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Page:United States Statutes at Large Volume 123.djvu/574

 123STA T .5 5 4PUBLIC LA W 111 –8—M A R .11, 2 0 0 9obligat io nsm a de int h e cur rent f iscal y ear for the follo w ing accounts the R ural D e v elo p ment L oan F und program account , the Rural E lectrification and T elecommunication Loans program account, and the Rural H ousing I nsurance Fund program account .SEC . 70 7. O f the funds made available by this A ct, not more than $1, 8 00,000 shall be used to cover necessary e x penses of activi - ties related to all advisory committees, panels, commissions, and tas k forces of the Department of Agriculture, except for panels used to comply with negotiated rule makings and panels used to evaluate competitively awarded grants. SEC. 708. N one of the funds appropriated by this Act may be used to carry out section 4 10 of the Federal M eat Inspection Act (2 1 U .S. C . 6 7 9 a ) or section 3 0ofthe P oultry Products Inspection Act (21 U.S.C. 471). SEC. 709. No employee of the Department of Agriculture may be detailed or assigned from an agency or office funded by this Act to any other agency or office of the Department for more than 30 days unless the individual ’ s employing agency or office is fully reimbursed by the receiving agency or office for the salary and expenses of the employee for the period of assignment. SEC. 710. None of the funds appropriated or otherwise made available to the Department of Agriculture or the Food and Drug Administration shall be used to transmit or otherwise make avail- able to any non-Department of Agriculture or non-Department of Health and Human Services employee q uestions or responses to questions that are a result of information requested for the appro- priations hearing process. SEC. 711. None of the funds made available to the Department of Agriculture by this Act may be used to acquire new information technology systems or significant upgrades, as determined by the Office of the Chief Information Officer, without the approval of the Chief Information Officer and the concurrence of the Executive Information Technology Investment Review B oard: Provide d, That notwithstanding any other provision of law, none of the funds appropriated or otherwise made available by this Act may be trans- ferred to the Office of the Chief Information Officer without the prior approval of the Committees on Appropriations of both Houses of Congress: Provided fu r th er, That none of the funds available to the Department of Agriculture for information technology shall be obligated for pro j ects over $2 5 ,000 prior to receipt of written approval by the Chief Information Officer. SEC. 712. (a) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the cur- rent fiscal year, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds which — (1) creates new programs (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorgani z es offices, programs, or activities; or Notif i ca tio ns.De a dl ines.


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Page:United States Statutes at Large Volume 123.djvu/575

 123STA T .5 55 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9(6)contra ct s o u tor p r iv ati ze san yf unctions or activities present l y perfor m e db y F ederal employees unless t h e C ommit - tees on A ppropriations of both H ouses of Con g ress are notified 15 days in advance of such reprogramming of funds . (b) N one of the funds provided by this Act , or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or e x penditure in the current fiscal year, or provided from any accounts in the T reasury of the U nited S tates derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure for activities, programs, or pro j ects through a re- programming of funds in excess of $ 5 0 0,000 or 10 percent, w hich- ever is less, that (1) augments existing programs, projects, or activities; ( 2 ) reduces by 10 percent funding for any existing pro- gram, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or ( 3 ) results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects as approved by Congress; unless the Committees on Appropriations of both Houses of Con- gress are notified 15 days in advance of such reprogramming of funds. (c) The Secretary of Agriculture or the Secretary of Health and Human Services shall notify the Committees on Appropriations of both Houses of Congress before implementing a program or activity not carried out during the previous fiscal year unless the program or activity is funded by this Act or specifically funded by any other Act. S EC . 7 13. None of the funds appropriated by this or any other Act shall be used to pay the salaries and expenses of personnel who prepare or submit appropriations language as part of the P resident ’ s B udget submission to the Congress of the United States for programs under the jurisdiction of the Appropriations Sub- committees on Agriculture, R ural D evelopment, Food and Drug Administration, and Related Agencies that assumes revenues or reflects a reduction from the previous year due to user fees proposals that have not been enacted into law prior to the submission of the Budget unless such Budget submission identifies which addi- tional spending reductions should occur in the event the user fees proposals are not enacted prior to the date of the convening of a committee of conference for the fiscal year 2010 appropriations Act. SEC. 71 4 . None of the funds made available by this or any other Act may be used to close or relocate a Rural Development office unless or until the Secretary of Agriculture determines the cost effectiveness and / or enhancement of program delivery: Pro-vide d , That not later than 120 days before the date of the proposed closure or relocation, the Secretary notifies the Committees on Appropriation of the House and Senate, and the members of Con- gress from the State in which the office is located of the proposed closure or relocation and provides a report that describes the jus- tifications for such closures and relocations. SEC. 715. None of the funds made available to the Food and Drug Administration by this Act shall be used to close or relocate, or to plan to close or relocate, the Food and Drug Administration Division of Pharmaceutical Analysis in St. L ouis, M issouri, outside the city or county limits of St. Louis, Missouri. Deadlin e .Not i f i c ation. R e p o r t s .


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Page:United States Statutes at Large Volume 123.djvu/576

 123STA T .5 5 6PUBLIC LA W 111 –8—M A R .11, 2 0 0 9SEC.716 . Ther e is here byap pr o pria t e d$43 4 ,0 00, to re m ai n a v ai l able u ntil e x pended, f or the D enali C ommission to address defi c iencies in solid w aste disposal sites which threaten to contami - nate rural drin k in g water supplies. SEC. 717. N one of the funds appropriated or otherwise made available by this or any other A ct shall be used to pay the salaries and expenses of personnel to carry out an environmental q uality incentives program authori z ed by chapter 4 of subtitle D of title XI Iofthe F ood Security Act of 1 985( 16 U .S.C. 3839aa, et seq. ) in excess of $1,067,000,000. SEC. 718. None of the funds made available in fiscal year 2 009 or preceding fiscal years for programs authorized under the Food for P eace Act (7 U.S.C. 1691 et seq.) in excess of $20,000,000 shall be used to reimburse the Commodity Credit Corporation for the release of eligible commodities under section 302(f)(2)(A) of the B ill E merson H umanitarian Trust Act (7 U.S.C. 1736f – 1)
 * Pro-vide

d , That any such funds made available to reimburse the Com- modity Credit Corporation shall only be used pursuant to section 302(b)(2)(B)(i) of the Bill Emerson Humanitarian Trust Act. SEC. 719. No funds shall be used to pay salaries and expenses of the Department of Agriculture to carry out or administer the program authorized by section 14(h)(1) of the W atershed Protection and Flood Prevention Act (16 U.S.C. 1012(h)(1)). SEC. 720. Funds made available under section 1240I and section 1241(a) of the Food Security Act of 1985 and section 524(b) of the Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal year shall remain available until expended to disburse obliga- tions made in the current fiscal year. SEC. 721. Unless otherwise authorized by existing law, none of the funds provided in this Act, may be used by an executive branch agency to produce any prepackaged news story intended for broadcast or distribution in the United States unless the story includes a clear notification within the text or audio of the pre- packaged news story that the prepackaged news story was prepared or funded by that executive branch agency. SEC. 722. Notwithstanding any other provision of law, any former R US borrower that has repaid or prepaid an insured, direct or guaranteed loan under the Rural Electrification Act, or any not-for-profit utility that is eligible to receive an insured or direct loan under such Act, shall be eligible for assistance under section 313(b)(2)(B) of such Act in the same manner as a borrower under such Act. SEC. 723. None of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries and expenses of personnel to carry out a program under subsection (b)(2)(A)(i) of section 14222 of Public L aw 110–246 in excess of $1,071,530,000: Provided, That none of the funds made available in this Act or any other Act shall be used for salaries and expenses to carry out section 19(i)(1)(B) of the Richard B. Russell National School Lunch Act as amended by section 4304 of Public Law 110– 246 in excess of $16,000,000 until O ctober 1, 2009: Provided fu r th er, of the unobligated balances under section 32 of the Act of August 24, 1935, $293,530,000 are hereby rescinded. SEC. 724. Notwithstanding any other provision of law, the Secretary of Agriculture is authorized to make funding and other assistance available through the emergency watershed protection program under section 403 of the Agricultural Credit Act of 1978 Waiver a utho rit y.N e ws stories.


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Page:United States Statutes at Large Volume 123.djvu/577

 123STA T .5 5 7PUBLIC LA W 111 –8—M A R .11, 2 0 0 9(16U.S . C . 2 2 03)torepai ra nd pre v ent da m a g etonon -F edera l land in w ater sh eds that have b een impaired b yf ires initiated by the Federal G overnment and shall waive c ost sharing re qu irements for the funding and assistance. S EC . 7 2 5 . T here is hereby appropriated $ 3 ,49 7,000, to remain available until e x pended, for a grant to the N ational Center for Natural P roducts R esearch for construction or renovation to carry out the research ob j ectives of the natural products research grant issued by the Food and D rug A dministration. SEC. 726. There is hereby appropriated $469,000, to remain available until expended, for the planning and design of construction of an agriculture pest facility in the State of H awaii. SEC. 727. None of the funds made available in this Act may be used to establish or implement a rule allowing poultry products to be imported into the United States from the People ’ s Republic of China. SEC. 72 8 . There is hereby appropriated $794,000 to the Farm Service Agency to carry out a pilot program to demonstrate the use of new technologies that increase the rate of growth of re- forested hardwood trees on private non-industrial forests lands, enrolling lands on the coast of the Gulf of M exico that were damaged by Hurricane K atrina in 2005. SEC. 729. None of the funds made available to the Department of Agriculture in this Act may be used to implement the ris k - based inspection program in the 30 prototype locations announced on February 22, 2007, by the Under Secretary for Food Safety, or at any other locations, until the USDA O ffice of I nspector General has provided its findings to the Food Safety and Inspection Service and the Committees on Appropriations of the House of Representa- tives and the Senate on the data used in support of the development and design of the risk-based inspection program and FSIS has addressed and resolved issues identified by OIG. SEC. 730. Notwithstanding any other provision of law, and until receipt of the decennial Census in the year 2010, the Secretary of Agriculture shall consider — (1) the City of Palmview, Texas the City of Pharr, Texas; the City of Hidalgo, Texas; the City of Alton, Texas; the City of L a J oya, Texas; the City of Penitas, Texas; the City of Schert z , Texas; the City of Converse, Texas; the City of Cibolo, Texas; and the Township of B ern, Pennsylvania (including individuals and entities with projects within the cities), eligible for loans and grants funded through the Rural Business Pro- gram account; (2) the County of Nueces, Texas (including individuals and entities with projects within the county), eligible under the Business and Industry Loan Guarantee Program for the pur- poses of financing a beef processing facility; (3) the City of Asheboro, North Carolina (including individ- uals and entities with projects within the city), eligible for loans and grants funded through the Rural Community Facili- ties Program account; (4) the City of Healdsburg, California; the City of Imperial, California; the City of Havelock, North Carolina; and the City of Newton, North Carolina (including individuals and entities with projects within the cities), eligible for loans and grants funded through the Rural W ater and Waste Disposal Program account; and Sta t elis ti ng.


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Page:United States Statutes at Large Volume 123.djvu/578

 123STA T .5 5 8PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9(5)theCi t yofAp to s, C al ifo rn ia (in c l ud in g indi v iduals and entities w ith pro j ects within the city), eligi b le for loans and grants funded under the housing progra m softhe R ural H ousing S ervice . S EC. 731 . T here is hereby appropriated $2 ,3 4 7, 0 00 for section 4404 of P ublic L aw 107 – 171. SEC. 732. N otwithstanding any other provision of law, there is hereby appropriated (1) $1, 8 77,000 of which $1,408,000 shall be for a grant to the W isconsin D epartment of Agriculture, Trade, and Con - sumer Protection, and $4 69 ,000 shall be for a grant to the V ermont Agency of Agriculture, F oods, and M ar k ets, as author- i z ed by section 6402 of the Farm Security and Rural I nvestment Act of 2002 (7 U .S.C. 1621 note) (2) $338,000 for a grant to the Wisconsin Department of Agriculture, Trade and Consumer Protection; and (3) $94,000 for a grant to the G raham Avenue B usiness Improvement District in the State of New Y ork. SEC. 733. Section 382 K (c) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009aa–10(c)) is repealed. SEC. 734. Notwithstanding any other provision of law, the Natural Resources Conservation Service shall provide financial and technical assistance — (1) through the Watershed and Flood Prevention O per- ations program for the Pocasset River Floodplain Management Project in the State of Rhode Island; (2) through the Watershed and Flood Prevention Oper- ations program to carry out the E ast Locust Creek Watershed Plan Revision in Missouri, including up to 100 percent of the engineering assistance and 75 percent cost share for construc- tion cost of site RW1; (3) through the Watershed and Flood Prevention Oper- ations program to carry out the Little Otter Creek Watershed project in Missouri. The sponsoring local organization may obtain land rights by perpetual easements; (4) through the Watershed and Flood Prevention Oper- ations program to carry out the Churchill Woods Dam Removal project in DuPage County, Illinois; (5) through the Watershed and Flood Prevention Oper- ations program to carry out the Dunloup Creek Watershed Project in Fayette and Raleigh Counties, West Virginia; (6) through the Watershed and Flood Prevention Oper- ations program to carry out the Alameda Creek Watershed Project in Alameda County, California; (7) through the Watershed and Flood Prevention Oper- ations program to carry out the Colgan Creek Restoration project in Sonoma County, California; (8) through the Watershed and Flood Prevention Oper- ations program to carry out the Hurricane Katrina-Related Watershed Restoration project in J ackson County, Mississippi; (9) through the Watershed and Flood Prevention Oper- ations program to carry out the Lake George Watershed Protec- tion project in Warren County, New York; and (10) through the Watershed and Flood Prevention Oper- ations program to carry out the Pidcock-Mill Creeks Watershed project in Bucks County, Pennsylvania. 7USC20 0 9a a –1 0 . S t at elis ti ng .


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 123STA T .5 5 9PUBLIC LA W 111 –8—M A R .11, 2 0 09 SEC.735 . S ection1 7 (r) (5) o f t h e R ich a r dB . R us se l l N ational School L unch A ct( 42U .S. C .17 6 6(r)(5)) is a m ended — (1) by stri k in g‘ ‘eight ’ ’ and inserting ‘‘ten’’ (2) by striking ‘‘si x ’’ and inserting ‘‘eight’’; and (3) by inserting ‘‘ V ermont ,M aryland,’’ after the first instance of ‘‘States shall be’’. SEC. 736. Not w ithstanding any other p ro v ision of law, for the purposes of a grant under section 412 of the Agricultural Research, E xtension, and Education Reform Act of 1 9 9 8, none of the funds in this or any other Act may be used to prohibit the provision of in - kind support from non- F ederal sources under section 412(e)(3) in the form of unrecovered indirect costs not otherwise charged against the grant, consistent with the indirect rate of cost approved for a recipient. SEC. 737. None of the funds made available by this Act may be used to pay the salaries and expenses of any individual to conduct any activities that would allow the importation into the United States of any ruminant or swine, or any fresh (including chilled or fro z en) meat or product of any ruminant or swine, that is born, raised, or slaughtered in Argentina
 * Provide

d ,T hat this section shall not prevent the Secretary from conducting all nec- essary activities to review this proposal and issue a report on the findings to the Committees on Appropriations of the H ouse and Senate: Provided fu r th er, That this section shall only have effect until the Secretary of Agriculture has reviewed the domestic animal health aspects of the pending proposal to allow the importa- tion of such products into the United States and has issued a report to the Committees on the findings of such review. SEC. 738. Except as otherwise specifically provided by law, unobligated balances remaining available at the end of the fiscal year from appropriations made available for salaries and expenses in this Act for the Farm Service Agency and the Rural D evelopment mission area, shall remain available through September 3 0, 2010, for information technology expenses. SEC. 739. None of the funds made available in this Act may be used to pay the salaries or expenses of personnel to— (1) inspect horses under section 3 of the Federal Meat I nspection Act (21 U.S.C. 603); (2) inspect horses under section 903 of the Federal Agri- culture Improvement and Reform Act of 1996 (7 U.S.C. 1901 note; P ublic Law 104 – 127); or (3) implement or enforce section 352.19 of title 9, Code of Federal Regulations. This division may be cited as the ‘‘Agriculture, Rural Develop- ment, Food and Drug Administration, and Related Agencies Appro- priations Act, 2009’’. Timep e r i od.R epor ts . Reports. M e a tsa n d meat prod uc ts. A r g entina.


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Page:United States Statutes at Large Volume 123.djvu/580

 123STA T .560PUBLIC LA W 111 –8—M A R .11, 200 9DIV I S I ONB—C O M M ER CE ,JU S T ICE, SCIENCE, A ND RE L ATED A G ENCIES A P PROPRIATIONS ACT, 20 0 9 TITLE I DEPARTMENT O F COMMERCE I NTER N A T IO NA L TRA D EAD M INI S TRATION O P ERATIONS AND ADMINISTRATION F ornec e s s a r y e xp enses f or i n t ernationa l tra d e acti v ities of t h e Depart m ent of Commerce provided for b yla w , andforen g aging in trade promotional activities abroad, incl u ding expenses of grants and cooperative agreements for the purpose of promoting exports of United States firms, without regard to 4 4U . S.C. 37 02 and 3703 full medical coverage for dependent members of immediate families of employees stationed overseas and employees temporarily posted overseas; travel and transportation of employees of the Inter - national Trade Administration between two points abroad, without regard to 49 U.S.C. 40 1 1 8 by contract for services; rental of space abroad for periods not exceeding 10 years, and expenses of alteration, repair, or improve- ment; purchase or construction of temporary demountable exhibition structures for use abroad; payment of tort claims, in the manner authori z ed in the first paragraph of 28 U.S.C. 2 6 72 when such claims arise in foreign countries; not to exceed $ 327,000 for official representation expenses abroad; purchase of passenger motor vehicles for official use abroad, not to exceed $4 5 ,000 per vehicle; obtaining insurance on official motor vehicles; and rental of tie lines, $429,870,000, to remain available until September 30, 2010, of which $9,439,000 is to be derived from fees to be retained and used by the International Trade Administration, notwith- standing 31 U.S.C. 3302
 * employment of Americans and aliens
 * Provide

d, That not less than $48,592,000 shall be for Manufacturing and Services; not less than $42,332,000 shall be for Mar k et Access and Compliance; not less than $66,357,000 shall be for the Import Administration of which $5,900,000 shall be for the Office of China Compliance; not less than $237,739,000 shall be for the United States and Foreign Commercial Service; and not less than $25,411,000 shall be for Executive Direction and Administration: Provided fu r th er, That the provisions of the first sentence of section 105 ( f ) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these activities without regard to section 5412 of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4912); and that for the purpose of this Act, contributions under the provisions of the Mutual Educational and Cultural Exchange Act of 1961 shall include payment for assessments for services provided as part of these activities: Provided further, That the International Trade Administration shall be exempt from the re q uirements of Circular A – 25 (or any successor administrative regulation or policy) issued by the Office of Management and Budget: Provided further, That negotiations shall be conducted within the W orld Trade Organization to recognize the right of members to distribute monies collected from antidumping and countervailing duties: Provided fur - ther, That negotiations shall be conducted within the World Trade Organization consistent with the negotiating ob j ectives contained Negotia tio ns.Ex e mp tion. A pp l i c a b ilit y . C omme r ce ,Ju stice, S cience, an dR elated Agencies Appropriations Act, 20 0 9 . D epartment o f Commerce Appropriations Act, 2009.


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Page:United States Statutes at Large Volume 123.djvu/581

 123STA T .56 1 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9intheTrad e Ac t of20 02 ,Publ ic L a w1 0 7– 210
 * Provide

d fu r th er, That within the a m ount s a p propriated, $4 ,400,000 shall be used for the pro j ects, and in the amounts, specified in the e x planator y statement described in section 4 ( in the matter precedin g di v ision A of this consolidated Act ).BUREA U OFIND U ST R Y AND S E C UR I TY O P ERATIONS AND AD M INISTRATION F or necessary expenses for export administration and national security activities of the D epartment of C ommerce, including costs associated with the performance of export administration field activities both domestically and abroad full medical coverage for dependent members of immediate families of employees stationed overseas; employment of Americans and aliens by contract for serv - ices abroad; payment of tort claims, in the manner authori z ed in the first paragraph of 2 8U .S.C. 2 6 72 when such claims arise in foreign countries; not to exceed $1 5 ,000 for official representation expenses abroad; awards of compensation to informers under the E xport Administration Act of 1 9 79, and as authorized by 22 U.S.C. 401(b); and purchase of passenger motor vehicles for official use and motor vehicles for law enforcement use with special re q uire- ment vehicles eligible for purchase without regard to any price limitation otherwise established by law, $8 3 ,676,000, to remain available until expended, of which $14,767,000 shall be for inspec- tions and other activities related to national security: Provided, That the provisions of the first sentence of section 105(f) and all of section 108(c) of the M utual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these activities: Provided further, That payments and contribu- tions collected and accepted for materials or services provided as part of such activities may be retained for use in covering the cost of such activities, and for providing information to the public with respect to the export administration and national security activities of the Department of Commerce and other export control programs of the United States and other governments. ECONOMIC DE V E L OPMENT ADMINISTRATION ECONOMIC DEVELOPMENT ASSISTANCE PRO G RAMS For grants for economic development assistance as provided by the Public W or k s and Economic Development Act of 1965, and for trade adjustment assistance, $240,000,000, to remain available until expended: Provided , That of the amounts provided, no more than $4,000,000 may be transferred to ‘ ‘Economic Development Administration, Salaries and Expenses ’ ’ to conduct management oversight and administration of public works grants. SALARIES AND E X PENSES For necessary expenses of administering the economic develop- ment assistance programs as provided for by law, $32,800,000: Provided, That these funds may be used to monitor projects approved pursuant to title I of the Public Works Employment Act of 1976, title II of the Trade Act of 1974, and the Community Emergency Drought R elief Act of 1977. Ap p licab ili ty.


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Page:United States Statutes at Large Volume 123.djvu/582

 123STA T .56 2 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9MINOR I TYBUS IN E SS D E V E L O PM ENT AG EN C Y MINORITY B USINESS D EVELOPMENT Fornec e s s a r y e xp enses o fth e Depart m ent of C ommerce i n fosterin g, promoting, an d de v e l oping minority bu siness enterprise, including expenses of grants, contracts, and other agreements w ith public or private organi z ations, $29, 8 2 5 , 0 00
 * Provide

d ,T hat within the amounts appropriated, $825,000 shall be used for the pro j ects, and in the amounts, specified in the explanatory statement described in section 4( in the matter preceding division A of this consolidated Act ).E CONOMIC A ND S TATISTICAL ANALYSIS SALARIES AND E X PENSES For necessary expenses, as authorized by law, of economic and statistical analysis programs of the Department of Commerce, $90, 6 2 1 ,000, to remain available until September 3 0, 2010. BUREAU O F T H E CENSUS SALARIES AND EXPENSES For expenses necessary for collecting, compiling, analyzing, pre - paring, and publishing statistics, provided for by law, $233,588,000. PERIODIC CENSUSES AND PROGRAMS For necessary expenses to collect and publish statistics for periodic censuses and programs provided for by law, $2,906,262,000, to remain available until September 30, 2010: Provided, That none of the funds provided in this or any other Act for any fiscal year may be used for the collection of census data on race identification that does not include ‘ ‘some other race ’ ’ as a category: Provided fu r th er, That from amounts provided herein, funds may be used for additional promotion, outreach, and mar k eting activities: Pro - vided further, That none of the funds made available in this Act shall be used for the conduct of sweepstakes in the 2010 Decennial Census. N ATIONAL TELECOMMUNICATIONS AND I NFORMATION ADMINISTRATION SALARIES AND EXPENSES For necessary expenses, as provided for by law, of the National Telecommunications and Information Administration (NTIA), $19,218,000, to remain available until September 30, 2010: Pro- vided, That, notwithstanding 31 U .S.C. 1535(d), the Secretary of Commerce shall charge Federal agencies for costs incurred in spec- trum management, analysis, operations, and related services, and such fees shall be retained and used as offsetting collections for costs of such spectrum services, to remain available until expended: Provided further, That the Secretary of Commerce is authorized to retain and use as offsetting collections all funds transferred, or previously transferred, from other G overnment agencies for all costs incurred in telecommunications research, engineering, and 13USC5note.


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Page:United States Statutes at Large Volume 123.djvu/583

 123STA T .56 3 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9relat e d a c t iv itie sby t h e In stit u te fo r T eleco m munication S ciences of N TI A, in furtherance of its assi g ned functions under this p ara - graph, and such funds received from other G overnment agencies shall remain available until e x pended .PUBLICTE LEC OM MU N IC A TION SF ACILITIES, PLANNIN G AN D CONST R UCTION F or the administration of grants, authori z ed by section 392 of the C ommunications Act of 1 93 4, $ 2 0 ,000,000, to remain available until expended as authorized by section 391 of the Act
 * Provide

d, That not to exceed $2,000,000 shall be available for program administration as authorized by section 391 of the Act: Provided fu r th er, That, not w ithstanding the provisions of section 391 of the Act, the prior year unobligated balances may be made available for grants for pro j ects for which applications have been submitted and approved during any fiscal year. U NITED STATES P ATENT AND TRADEMAR KO FFICE SALARIES AND E X PENSES For necessary expenses of the United States Patent and Trade- mar k Office ( USPTO ) provided for by law, including defense of suits instituted against the Under Secretary of Commerce for Intellectual Property and D irector of the United States Patent and Trademark Office, $2,010,100,000, to remain available until expended: Provided, That the sum herein appropriated from the general fund shall be reduced as offsetting collections assessed and collected pursuant to 1 5 U.S.C. 1113 and 35 U.S.C. 41 and 3 76 are received during fiscal year 2009, so as to result in a fiscal year 2009 appropriation from the general fund estimated at $0: Provided further, That during fiscal year 2009, should the total amount of offsetting fee collections be less than $2,010,100,000, this amount shall be reduced accordingly: Provided further, That $750,000 may be transferred to ‘ ‘Departmental M anagement, Sala- ries and E xpenses ’ ’ for activities associated with the National Intellectual Property L aw Enforcement Coordination Council: Pro - vided further, That from amounts provided herein, not to exceed $1,000 shall be made available in fiscal year 2009 for official recep- tion and representation expenses: Provided further , That of the amounts provided to the USPTO within this account, $5,000,000 shall not become available for obligation until the Director of the USPTO has completed a comprehensive review of the assumptions behind the patent examiner expectancy goals and adopted a revised set of expectancy goals for patent examination: Provided further, That in fiscal year 2009 from the amounts made available for ‘‘Salaries and Expenses’’ for the USPTO, the amounts necessary to pay: (1) the difference between the percentage of basic pay contributed by the USPTO and employees under section 8 334(a) of title 5, United States Code, and the normal cost percentage (as defined by section 8331(17) of that title) of basic pay, of employees subject to subchapter III of chapter 83 of that title and (2) the present value of the otherwise unfunded accruing costs, as determined by the Office of Personnel Management, of post- retirement life insurance and post-retirement health benefits cov- erage for all USPTO employees, shall be transferred to the Civil


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Page:United States Statutes at Large Volume 123.djvu/584

 123STA T .564PUBLIC LA W 111 –8—M A R .11, 2 0 0 9Servic e R e t ire m e n t a n dD i s a b i l it yFu nd , t h e E m p l o yees L i f e I nsur - ance Fund, and the Employees H ealth B enefits Fund, as appro- priate, and shall be available for the authori z ed purposes of those accounts
 * Provide

d fu r th er, T hat sections 801 ,80 2, and80 3 of division B, P ublic La w 108 –4 4 7 shall remain in effect durin g fiscal year 200 9
 * Provided further, That the Director may, this year,

reduce by regulation fees payable for documents in patent and trademar k matters, in connection with the filing of documents filed electronically in a form prescribed by the Director: Provided further , That $ 2,000,000 shall be transferred to O ffice of Inspector G eneral for activities associated with carrying out investigations and audits related to the U SPTO: Provided further, That from the amounts provided herein, no less than $4,000,000 shall be available only for the USPTO contribution in a cooperative or j oint agreement or agreements with a non-profit organization or organizations, successfully audited within the previous year, and with previous e x perience in such programs, to conduct policy studies, including studies relating to activities of United N ations Specialized agencies and other international organizations, as well as conferences and other development programs, in support of fair international protection of intellectual property rights . N ATION A L IN S TIT U T E O F STAN D A R DS AND TE CH NOLO GY SCIENTIFIC AND TECHNICAL RESEARCH AND SER V ICES For necessary expenses of the National Institute of Standards and Technology, $472,000,000, to remain available until expended, of which not to exceed $9,000,000 may be transferred to the ‘ ‘ W orking C apital Fund ’ ’: Provided, That not to exceed $ 5 ,000 shall be for official reception and representation expenses: Provided fur - ther, That within the amounts appropriated, $3,000,000 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 ) . INDUSTRIAL TECHNOLOGY SERVICES For necessary expenses of the Hollings M anufacturing Exten- sion Partnership of the National Institute of Standards and Tech- nology, $110,000,000, to remain available until expended. In addi- tion, for necessary expenses of the Technology Innovation Program of the National Institute of Standards and Technology, $ 6 5,000,000, to remain available until expended. CONSTRUCTION OF RESEARCH FACILITIES For construction of new research facilities, including architec- tural and engineering design, and for renovation and maintenance of existing facilities, not otherwise provided for the National Institute of Standards and Technology, as authorized by 15 U.S.C. 278c–278e, $172,000,000, to remain available until expended, of which $30,000,000 is for a competitive construction grant program for research science buildings: Provided, That within the amounts appropriated, $44,000,000 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): Provided further, That the Secretary of Commerce shall include Budget e s t ima te .15USC 151 36no te.


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Page:United States Statutes at Large Volume 123.djvu/585

 123STA T .56 5 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9inthebudg et j u s ti f i ca ti o n m ate r ia l s that the S ecretar y submits to C ongress in su p port of the D epartment of Commerce budget ( as submitted w ith the budget of the P resident under section 1 1 05 (a ) of title 3 1 ,U nited States Code) an estimate for each N ational I nstitute of Standards and T echnology construction project ha v ing a total multi - year program cost of more than $ 5,000,000 and simultaneously the budget justification materials shall include an estimate of the budgetary re q uirements for each such project for each of the five subsequent fiscal years . N ATION A LOCE ANIC AN DA T M O SPH E R IC ADMINISTRATION OPERATIONS, RESEARCH, AND F ACILITIES ( INCL U DIN G TRANSFERS OF FUNDS )F or necessary e x penses of activities authori z ed by law for the National Oceanic and Atmospheric Administration, including maintenance, operation, and hire of aircraft and vessels grants, contracts, or other payments to nonprofit organizations for the purposes of conducting activities pursuant to cooperative agree- ments; and relocation of facilities, $3,0 4 5,54 9 ,000, to remain avail- able until September 30, 2 010, except for funds provided for coopera- tive enforcement, which shall remain available until September 30, 2011
 * Provide

d, That fees and donations received by the National Ocean Service for the management of national marine sanctuaries may be retained and used for the salaries and expenses associated with those activities, notwithstanding 31 U.S.C. 3302: Provided fu r th er, That in addition, $3,000,000 shall be derived by transfer from the fund entitled ‘ ‘Coastal Z one M anagement ’ ’ and in addition $ 7 9,000,000 shall be derived by transfer from the fund entitled ‘‘Promote and Develop Fishery Products and R esearch Pertaining to American Fisheries’’: Provided further, That of the $3,133,549,000 provided for in direct obligations under this heading $3,045,549,000 is appropriated from the general fund, $ 8 2,000,000 is provided by transfer, and $ 6 ,000,000 is derived from recoveries of prior year obligations: Provided further, That the total amount available for the National Oceanic and Atmospheric Administration corporate services administrative support costs shall not exceed $226,809,000: Provided further, That payments of funds made available under this heading to the Department of Commerce W or k ing Capital Fund including Department of Commerce G eneral Counsel legal services shall not exceed $36,583,000: Provided further , That within the amounts appropriated, $129,970,000 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): Provided further, That any deviation from the amounts designated for specific activities in the report accom- panying this Act, or any use of deobligated balances of funds pro- vided under this heading in previous years, shall be subject to the procedures set forth in section 505 of this Act: Provided further, That in allocating grants under sections 306 and 306A of the Coastal Zone Management Act of 1972, as amended, no coastal State shall receive more than 5 percent or less than 1 percent of increased funds appropriated over the previous fiscal year: Pro - vided further, That the number of authorized officers in the NOAA Commissioned Officer Corps shall remain at 321 until such time as section 6 of Public L aw 110 – 386 takes effect. Authorizedp o s itio n s .G r a nts.


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Page:United States Statutes at Large Volume 123.djvu/586

 123STA T .56 6 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9Inad d it i o n ,f o r n ec e s sar y retired p aye x penses u nder t h e R etired S er v ice m an ’ s F ami l y P rotection and Survivor B enefits Plan, and for payments for the medical care of retired personnel and their dependents under the D ependents M edical C are A ct (10U. S.C. 5 5 ) , such sums as may b e necessary. PROCU R EM E NT , A C Q U IS ITION AN D CONSTRUCTION For procurement, ac q uisition and construction of capital assets, includin g alteration and modification costs, of the N ational O ceanic and Atmospheric Administration, $ 1, 243, 6 4 7 ,000, to remain avail - able until September 30, 2011, except funds provided for construc- tion of facilities w hich shall remain available until expended
 * Pro-vide

d, T hat of the $1,245,647,000 provided for in direct obligations under this heading $1,243,647,000 is appropriated from the general fund and $2,000,000 is provided from recoveries of prior year obliga- tions: Provided fu r th er , That of the amounts provided for the National Polar-orbiting Operational E nvironmental Satellite System, funds shall only be made available on a dollar-for-dollar matching basis with funds provided for the same purpose by the Department of Defense: Provided further, That except to the extent expressly prohibited by any other law, the Department of Defense may delegate procurement functions related to the National Polar- orbiting Operational Environmental Satellite System to officials of the Department of Commerce pursuant to section 2311 of title 10, United States Code: Provided further, That any deviation from the amounts designated for specific activities in the report accom- panying this Act, or any use of deobligated balances of funds pro- vided under this heading in previous years, shall be sub j ect to the procedures set forth in section 505 of this Act: Provided further, That within the amounts appropriated, $2 9 ,610,000 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). PACI F IC COASTA L SALMON RECO V ER Y For necessary expenses associated with the restoration of Pacific salmon populations, $ 8 0,000,000, to remain available until September 30, 2010: Provided, That of the funds provided herein the Secretary of Commerce may issue grants to the States of W ash- ington, Oregon, Idaho, Nevada, California, and Alas k a, and Feder- ally-recogni z ed tribes of the Columbia River and Pacific Coast for projects necessary for restoration of salmon and steelhead popu- lations that are listed as threatened or endangered, or identified by a State as at-risk to be so-listed, for maintaining populations necessary for exercise of tribal treaty fishing rights or native subsistence fishing, or for conservation of Pacific coastal salmon and steelhead habitat, based on guidelines to be developed by the Secretary of Commerce: Provided further, That funds disbursed to States shall be subject to a matching requirement of funds or documented in-kind contributions of at least 33 percent of the Federal funds.


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Page:United States Statutes at Large Volume 123.djvu/587

 123STA T .567PUBLIC LA W 111 –8—M A R .11, 2 0 0 9COAST A LZ O NEM ANA G EMENT FU N D(I NCLUDING T R ANSFER OF FUNDS )Ofamountsc o l l e cte dp u r suant to sect i on 308 oft h e C oastal Z one M ana g ement A ct of 1972( 1 6U.S .C. 1 45 6a ), nottoe x ceed $ 3,000,000 shall b e transferred to the ‘ ‘Operations, R esearch, and F acilities ’ ’ account to offset the costs of implementing such Act. FIS H ERIES FINANCE P ROGRAM ACCOUNT Sub j ect to section 502 of the Congressional B udget Act of 1974, during fiscal y ear 2009, obligations of direct loans may not exceed $8,000,000 for I ndi v idual Fishing Q uota loans and not to exceed $59,000,000 for traditional direct loans as authori z ed by the Mer - chant Marine Act of 1936
 * Provide

d, T hat none of the funds made available under this heading may be used for direct loans for any ne w fishing vessel that will increase the harvesting capacity in any United States fishery. D EPARTMENTAL MANAGEMENT SALARIES AND E X PENSES For expenses necessary for the departmental management of the Department of Commerce provided for by law, including not to exceed $5,000 for official entertainment, $53,000,000: Provided, That the Secretary, within 120 days of enactment of this Act, shall provide a report to the Committees on Appropriations that audits and evaluates all decision documents and expenditures by the Bureau of the Census as they relate to the 2010 Census: Provided fu r th er, That of the amounts provided to the Secretary within this account, $5,000,000 shall not become available for obligation until the Secretary certifies to the Committees on Appro- priations that the Bureau of the Census has followed and met all standards and best practices, and all Office of Management and Budget guidelines related to information technology projects and contract management. HER B ERT C. HOO V ER BUILDING RENOVATION AND MODERNIZATION For expenses necessary, including blast windows, for the ren- ovation and modernization of the H erbert C. Hoover Building, $5,000,000, to remain available until expended. OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector G eneral in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), $25,800,000. GENERAL P ROVISIONS — DEPARTMENT OF COMMERCE (INCLUDING TRANSFER OF FUNDS) SEC. 101. During the current fiscal year, applicable appropria- tions and funds made available to the Department of Commerce by this Act shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by the Act, and, notwithstanding 31 U.S.C. Certif i ca ti on.D ea dl ine. R e p ort s .


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Page:United States Statutes at Large Volume 123.djvu/588

 123STA T .568PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 93 3 24,maybeus e dfor ad v a nc ed p aymen t snotot h er wi se authori z ed on l y upon the certification of officials desi g nated by the S ecretary of C ommerce that such payments are in the public interest . S EC. 10 2. D uring the current fiscal year, appropriations made available to the Department of Commerce by this A ct for salaries and e x penses shall be available for hire of passenger motor vehicles as authorized by 31 U .S.C. 1343 and 1344 services as authorized by 5 U.S.C. 310 9 by law ( 5 U.S.C. 5901 – 5902 ) . SEC. 103. N ot to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Commerce in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers
 * and uniforms or allowances therefor, as authorized
 * Provide

d, T hat any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided fu r th er, That the Secretary of Commerce shall notify the Committees on Appropriations at least 15 days in advance of the ac q uisition or disposal of any capital asset (including land, structures, and equipment) not specifically provided for in this Act or any other law appropriating funds for the Depart - ment of Commerce: Provided further, That for the National O ceanic and Atmospheric Administration this section shall provide for trans- fers among appropriations made only to the National Oceanic and Atmospheric Administration and such appropriations may not be transferred and reprogrammed to other Department of Commerce bureaus and appropriation accounts. SEC. 104. Any costs incurred by a department or agency funded under this title resulting from personnel actions ta k en in response to funding reductions included in this title or from actions taken for the care and protection of loan collateral or grant property shall be absorbed within the total budgetary resources available to such department or agency: Provided, That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further, That use of funds to carry out this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the proce- dures set forth in that section. SEC. 105. H ereafter, notwithstanding any other provision of law, no funds appropriated under this Act or any other Act shall be used to register, issue, transfer, or enforce any trademark of the phrase ‘ ‘ L ast B est P lace ’ ’. SEC. 10 6 . Hereafter, the Secretary of Commerce is permitted to prescribe and enforce standards or regulations affecting safety and health in the context of scientific and occupational diving within the National Oceanic and Atmospheric Administration. SEC. 10 7 . The requirements set forth by section 112 of division B of Public Law 110–161 are hereby adopted by reference. SEC. 10 8 . Notwithstanding any other law, the Secretary may furnish services (including but not limited to utilities, telecommuni- cations, and security services) necessary to support the operation, maintenance, and improvement of space that persons, firms or organizations are authorized pursuant to the Public Buildings Cooperative Use Act of 1976 or other authority to use or occupy Incorp or ati on by r ef erence .3 3 USC87 8a note. R e gul ation s . D i v ing. 33 USC 878b. N otification. Dea d line.


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Page:United States Statutes at Large Volume 123.djvu/589

 123STA T .569PUBLIC LA W 111 –8—M A R .11, 2 0 09 intheH e rb ert C. H o o v er Bu i ld in g,Was hington, D .C., or other buildings, the m aintenan c e,o p eration, and protection o fw hich has been delegated to the S ecretar y from the A dministrator of G eneral Services pursuant to the F ederal P roperty and Administrative Serv - ices Act of 194 9, as amended, on a reimbursable or non-reimburs- able basis. Amounts received as reimbursement for services pro- vided under this section or the authority under which the use or occupancy of the space is authori z ed, up to $20 0,000, shall be credited to the appropriation or fund which initially bears the costs of such services. S EC . 109. T he amounts made available under section 21 3 of Public L aw 10 8– 199 for a N ew E ngland lobster fishing capacity reduction program shall be available for transfer by the National O ceanic and Atmospheric Administration from the Fisheries Finance Program Account to the Operations, R esearch, and Facili- ties appropriation, to remain available until e x pended, for the Southern New England Cooperative Research I nitiative for coopera- tive research, marine debris removal, and gear modification for conservation in Rhode Island. SEC. 110. Section ( d ) (2)(A) of title 1 6U .S.C. 364 5 is amended by inserting ‘ ‘Nevada, ’ ’ after ‘‘Idaho,’’. SEC. 111. With the consent of the President, the Secretary of Commerce shall represent the United States Government in negotiating and monitoring international agreements regarding fisheries, marine mammals, or sea turtles
 * Provide

d, That the Sec- retary of Commerce shall be responsible for the development and interdepartmental coordination of the policies of the United States with respect to the international negotiations and agreements referred to in this section. This title may be cited as the ‘‘Department of Commerce Appro- priations Act, 2009’’. TITLE II DEPART M ENT OF J USTICE GE N E RAL A DMI NI ST RATI O N SALARIES AND E XP ENSES For expenses necessary for the administration of the Depart- ment of Justice, $105,805,000, of which not to exceed $4,000,000 for security and construction of Department of Justice facilities shall remain available until expended: Provided, That the Attorney General is authorized to transfer funds appropriated within General Administration to any office in this account: Provided fu r th er, That $13,213,000 is for Department Leadership $ 7 ,834,000 is for Inter- governmental Relations / External Affairs; $12,254,000 is for Execu- tive Support/Professional Responsibility; and $72,504,000 is for the Justice Management Division: Provided further, That any change in amounts specified in the preceding proviso greater than 5 percent shall be submitted for approval to the House and Senate Commit- tees on Appropriations consistent with the terms of section 505 of this Act: Provided further, That this transfer authority is in addition to transfers authorized under section 505 of this Act. Departm e n t ofJus t ic e A ppropriations Act ,20 0 9.P resi d ent.


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Page:United States Statutes at Large Volume 123.djvu/590

 123STA T .570PUBLIC LA W 111 –8—M A R .11, 200 9JUSTICE I NFORMA TION S H ARIN G TECHNO L OG YFornec e s s a r y e xp enses f or i nfor m a t ion s h arin g techno l ogy , incl ud ing planning, de v elopment, deployment and departmental direction, $80 ,000,000, to remain availa b le until expended, of w hich $ 7, 132 ,000 is for the unified financial management system . TACTICAL LA W ENFORCEMENT WIRELESS COMMUNICATIONS For the costs of developing and implementing a nation - wide I ntegrated W ireless N etwor k supporting Federal law enforcement, and for the costs of operations and maintenance of existing L and M obile R adio legacy systems, $18 5 ,000,000, to remain available until expended
 * Provide

d, T hat the A ttorney G eneral shall transfer to this account all funds made available to the D epartment of J ustice for the purchase of portable and mobile radios: Provided fu r th er, That any transfer made under the preceding proviso shall be sub j ect to section 505 of this Act. A D MINISTRATI V E REVIEW AND A P PEALS For expenses necessary for the administration of pardon and clemency petitions and immigration-related activities, $270,000,000, of which $ 4 ,000,000 shall be derived by transfer from the E xecutive O ffice for Immigration Review fees deposited in the ‘ ‘Immigration Examinations Fee ’ ’ account. DETENTION TRUSTEE For necessary expenses of the Federal Detention Trustee, $1,2 9 5,319,000, to remain available until expended: Provided, That the Trustee shall be responsible for managing the Justice P risoner and Alien Transportation S ystem: Provided further, That not to exceed $5,000,000 shall be considered ‘‘funds appropriated for State and local law enforcement assistance’’ pursuant to 18 U .S. C. 4013 ( b ) . OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector General, $75, 6 81,000, including not to exceed $10,000 to meet unforeseen emergencies of a confidential character. UNITED STATES PAROLE COMMISSION SALARIES AND E X PENSES For necessary expenses of the United States Parole Commission as authori z ed, $12,570,000. LEGAL ACTIVITIES SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES ( INCLUDING TRANSFER OF FUNDS ) For expenses necessary for the legal activities of the Depart- ment of Justice, not otherwise provided for, including not to exceed $20,000 for expenses of collecting evidence, to be expended under the direction of, and to be accounted for solely under the certificate


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Page:United States Statutes at Large Volume 123.djvu/591

 123STA T .57 1 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9of,theA tto rn e yG ener al; an d rent of p r iv ate or Govern m ent - o w ned s pa c einthe D istrict of C ol u m b ia, $804 ,00 7 ,000, of which not to e x ceed $ 1 0,000,000 for liti g ation support contracts shall remain available until expended
 * Provide

d, T hat of the total amount appro- priated, not to exceed $10,000 shall be available to the U nited S tates N ational Central B ureau, I NT ERPOL , for official reception and representation expenses: Provided fu r th er, That notwith- standing section 2 0 5 of this Act, upon a determination by the Attorney General that emergent circumstances re q uire additional funding for litigation activities of the Civil Division, the Attorney General may transfer such amounts to ‘ ‘Salaries and Expenses, General Legal Activities ’ ’ from available appropriations for the cur- rent fiscal year for the Department of J ustice, as may be necessary to respond to such circumstances: Provided further, That any transfer pursuant to the previous proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further , That of the amount appropriated, such sums as may be necessary shall be available to reimburse the Office of Personnel M anagement for salaries and expenses associated with the F ederal observer program under section 8 of the V oting Rights Act of 1 96 5 ( 42 U . S.C. 197 3 f )
 * Provided further, That of the amounts provided under

this heading for the Federal observer program $3,390,000 shall remain available until expended, of which $1,090,000, previously transferred to the Department of Justice by the Office of Personnel Management under section 126 of division A of Public Law 110 – 329, shall be transferred bac k to the Office of Personnel Manage- ment by the Department of Justice. In addition, for reimbursement of expenses of the Department of Justice associated with processing cases under the National Childhood Vaccine In j ury Act of 1986, not to exceed $7,833,000, to be appropriated from the Vaccine Injury Compensation Trust Fund. SAL A RIE SA ND E XP ENSES, AN T ITR U ST DI V ISI O N For expenses necessary for the enforcement of antitrust and kindred laws, $157,788,000, to remain available until expended: Provided, That notwithstanding any other provision of law, fees collected for premerger notification filings under the H art-Scott- Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regard- less of the year of collection (and estimated to be $157,788,000 in fiscal year 2009), shall be retained and used for necessary expenses in this appropriation, and shall remain available until expended: Provided further, That the sum herein appropriated from the general fund shall be reduced as such offsetting collections are received during fiscal year 2009, so as to result in a final fiscal year 2009 appropriation from the general fund estimated at $0. SALARIES AND EXPENSES, UNITED STATES ATTORNE Y S For necessary expenses of the Offices of the United States Attorneys, including inter-governmental and cooperative agree- ments, $1,836,336,000: Provided, That of the total amount appro- priated, not to exceed $8,000 shall be available for official reception and representation expenses: Provided further, That not to exceed


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Page:United States Statutes at Large Volume 123.djvu/592

 123STA T .57 2 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9$25,0 00,000 shal l rem a in a v aila b le u n t ile xp en d ed
 * Provide

d fu r th er, T hat of the amount provided under this headin g , not less than $ 3 3, 6 00,000 shall be used for salaries and expenses for assistant U.S. A ttorne y sto c arry out section 7 0 4 of the Adam W alsh C hild P rotection and Safety Act of 2006 ( Public L a w1 0 9– 24 8) concerning the prosecution of offenses relating to the sexual exploitation of children. UNITEDS T A TES T R USTEE S Y STE MF UND F or necessary expenses of the United States Trustee Program, as authori z ed, $217,416,000, to remain available until expended and to be derived from the United States Trustee System Fund: Provided, That notwithstanding any other provision of law, deposits to the Fund shall be available in such amounts as may be necessary to pay refunds due depositors: Provided further, That, notwith - standing any other provision of law, $160,000,000 of offsetting collections pursuant to 28 U.S.C. 589a(b) shall be retained and used for necessary expenses in this appropriation and shall remain available until expended: Provided further, That the sum herein appropriated from the Fund shall be reduced as such offsetting collections are received during fiscal year 2009, so as to result in a final fiscal year 2009 appropriation from the Fund estimated at $52,416,000. SA L ARIES AND E XP ENSES, F O REI G N C LAIMS SETTLEMENT COMMISSION For expenses necessary to carry out the activities of the Foreign Claims Settlement Commission, including services as authorized by section 3109 of title 5, United States Code, $1,823,000. FEES AND EXPENSES OF W ITNESSES For fees and expenses of witnesses, for expenses of contracts for the procurement and supervision of expert witnesses, for private counsel expenses, including advances, and for expenses of foreign counsel, $168,300,000, to remain available until expended: Provided, That not to exceed $10,000,000 may be made available for construc- tion of buildings for protected witness safesites: Provided further, That not to exceed $3,000,000 may be made available for the purchase and maintenance of armored and other vehicles for witness security caravans: Provided further, That not to exceed $9,000,000 may be made available for the purchase, installation, maintenance, and upgrade of secure telecommunications e q uipment and a secure automated information networ k to store and retrieve the identities and locations of protected witnesses. SALARIES AND EXPENSES, COMMUNITY RELATIONS SER V ICE For necessary expenses of the Community R elations Service, $9,873,000: Provided, That notwithstanding section 205 of this Act, upon a determination by the Attorney G eneral that emergent cir- cumstances require additional funding for conflict resolution and violence prevention activities of the Community Relations Service, the Attorney General may transfer such amounts to the Community Relations Service, from available appropriations for the current fiscal year for the D epartment of J ustice, as may be necessary to respond to such circumstances: Provided further, That any transfer pursuant to the preceding proviso shall be treated as